To understand the present we must take a look at the past.
Presently there is a big push to amend the Constitution to implement federalism. Some voices have called for a not just amending the current Constitution but for a total rewrite, a whole new document. These voices say that the current Constitution does not favour the Philippines or the Filipino people but instead favours the bank accounts of the political dynasties and oligarchs who run this joint.
This is not the first time an attempt has been made to change the Constitution. The Philippines has had several tries at mastering the Cha-Cha. All of them have failed.
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| https://adobochronicles.com/2014/08/14/cha-cha-makes-a-big-come-back-in-philippines-dance-scene/ |
In 2011 the Congress attempted to amend the some of the economic provisions in the Constitution. Not many were happy with this move. One group, the Philippine Constitutional Association, let it be known there were no enabling laws for 82 of the 130 provisions in the constitution, eight of these being economic provisions. That is 63% of the Constitution sitting inert and useless.
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| http://bulatlat.com/main/2011/10/13/groups-say-constitution-needs-enabling-laws-not-amendments/ |
What are these proposed amendments to the economic provisions?
Most groups who showed up to voice an opinion on proposed changes opposed such a move.
1. The removal of the 60%-40% equity limitations on foreign investors;
2. Removing the control and management exclusively by Filipinos in companies with foreign equities;
3. Expanding the role of foreign investors in the exploration, development and exploration, development and utilization of natural resources;
4. Allowing foreign ownership of industrial (and commercial) lands;
5. Liberalizing media by allowing foreign investments in media;
6. Liberalizing the practice of profession in accordance with the principle of reciprocity;
7. Liberalizing investments in educational institutions by allowing foreign investment in tertiary education;
8. Extending the 25 years + 25 years land lease agreement.
http://www.investphilippines.info/arangkada/amending-economic-provisions-in-constitution/All of the proposed amendments were geared towards allowing more foreign investment. Number 5 is interesting because many today are against foreign investment in media and especially single out Rappler for allegedly being foreign owned.
Most groups who showed up to voice an opinion on proposed changes opposed such a move.
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| http://bulatlat.com/main/2011/10/13/critics-view-cha-cha-as-10-times-more-disastrous-than-current-typhoons/ |
Some critics were concerned that political provisions would be amended as well and the chairman of the House Committee on Constitutional Amendments conceded this fact.
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| http://news.abs-cbn.com/nation/10/11/11/no-assurance-cha-cha-will-ok-only-eco-provisions |
Thankfully nothing came of it.
“How many times were there attempts since the 1990s to amend the political provisions and lift term limits... not only did they not succeed, but there were many protests and cases against them,” the senior administration lawmaker, who declined to be named, said.
How many times? Four times.
That article is a competent timeline of previously attempted Charter Changes. It is well worth reading.
They say "Those who fail to learn from the past are doomed to repeat it."
Well here the Philippines is again attempting the same thing it has failed at several times. Changing the Constitution is a dumb idea especially when the current Constitution has provisions which are not even fully enforced. Listen to Hilario Davide who was on the committee which wrote the current Constitution.
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| https://www.rappler.com/newsbreak/flashback/193825-past-attempts-charter-change-philippines-failed |
They say "Those who fail to learn from the past are doomed to repeat it."
Well here the Philippines is again attempting the same thing it has failed at several times. Changing the Constitution is a dumb idea especially when the current Constitution has provisions which are not even fully enforced. Listen to Hilario Davide who was on the committee which wrote the current Constitution.
“I assert that the shift to federalism or amendments to our Constitution to accomplish the goals and objectives of the proponents of federalism is totally unnecessary,” Davide told business executives at Manila Polo Club in Makati.
He said the reasons cited to support the move were “deceptively misleading.”
“All such goals and objectives can adequately and sufficiently be accomplished by merely but effectively and efficiently implementing the provisions of the 1987 Constitution for strong local autonomy and decentralization,” Davide said.
He said the local government units’ complaints about their share in the proceeds of the use and development of natural resources in their areas were already addressed in Article 10 of the Constitution and the Local Government Code of 1991.
Davide, a member of the Constitutional Commission that drafted the basic law in 1986, called it the “best Constitution in the world.”
He noted that Congress had yet to fully enforce provisions of the current Constitution, especially those dealing with social justice.
Congress has yet to enact enabling laws to “give life” to many unimplemented provisions of the Constitution.
In the Philippines people do not throw away old things. They fix them. I can't count how many jury-rigged electronic items I have seen fixed with nothing but a bit of tape and soldering. There are countless repair shops for TVs, cell phones, fans, shoes, and other items. So why not fix the Constitution before scrapping it for a brand new one? Especially if there are provisions in the current Constitution which have not even been implemented. It's as if the document hasn't even been given fair play. How do they know it's broken if it hasn't even been tested?
