In a resolution, the Philippine Bar Association (PBA), the oldest organization of legal professionals in the country, said efforts to rewrite the Constitution for a parliamentary system of government are a step in the right direction to enable the country to move forward.
"The PBA recognizes the need for changes in the Philippine Constitution. It believes that the present call is timely and must be addressed now," the PBA stated in its board resolution passed on Oct. 24, 2006.
The PBA said a constitutional convention (con-con) is the ideal process to introduce amendments rather than the proposal of convening Congress into a constituent assembly (con-ass).
Since holding a con-con is not practical given the present state of the country’s economy, the PBA said it would not oppose the holding of a con-ass instead.
The group stressed they are not supporting a federal system of government and pointed out autonomous regions must be created out of the present LGUs to allow cities and municipalities to exercise and expand their local and fiscal autonomy and enjoy "greater benefits from exploration, development and utilization of natural resources in their respective regions."
The PBA also supported proposals to amend the so-called "protectionist" provisions of the Constitution in allowing the parliament to enact laws providing for the lifting, suspension, limitation or re-imposition of the nationality restrictions for certain economic activities.
With prevailing global developments, particularly in the Asian region, the PBA called for "adaptability" of the new Constitution in allowing Congress to address issues on the liberalization or continuing nationalization of economic activities which are best addressed by legislation rather than by a rigid constitution.
PBA president Hector Martinez and former president Linda Jimeno said the group’s official stand on Charter change will be forwarded to the presidential consultative commission (con-com) on constitutional reforms which is now studying how to effect changes in the basic law of the land.
They also called on national leaders and Congress to work out the best transition process for elected officials which will be affected by the possible ratification of the new constitution.
The PBA noted that public discussions should be held on the possibility of President Arroyo shortening her term of office once a plebiscite is held for the ratification of the new constitution and the election of new officials before 2010.
Malacañang said Mrs. Arroyo would continue to serve her term until 2010 unless the people decide otherwise through a plebiscite in 2007.
The 54-member con-com, which was created by Mrs. Arroyo last September, is expected to wrap up deliberations and submit its recommendations before the President next month.
Mrs. Arroyo will submit the con-com proposals before Congress to guide them in drafting the new charter.
The PBA, for its part, called on the President and Congress to forge a national consensus for the constitutional process and adopt the necessary and appropriate reforms in the Constitution.