Con-con or Congress?

It seems that the resistance to a charter change has considerably softened. More and more Filipinos realize that our Constitution really needs some kind of changes. After so many years of stagnancy in almost every aspect of life in this country and of being mired in poverty, corruption, overdose of politics and bad governance, any change becomes worth trying, including a change in the fundamental law of the land notwithstanding its supposed inherent inflexibility.

However, there are mixed reactions to the President’s announcement that she wants a con-con (constitutional convention). Whether it is really the better constituent assembly to undertake the constitutional reforms, is still debatable. Going by our previous experience in a con-con, there is still a lot of skepticism that it is indeed the most ideal body. If the members of the con-con will be chosen in the same kind of election and with the same brand of politics we now have, chances are its membership will be no better than the present crop of legislators sitting in Congress. If it will just be a facsimile of the present Congress, then let’s just utilize this Congress as the constituent assembly to institute reforms in our Constitution. It is more expeditious and less expensive. Forming another body that entails huge expenses is ill-advised during these times of fiscal crisis. A vigilant press and a concerned public are enough assurances that the new Charter to be crafted will ultimately be for the common good even if it is done by Congress as a constituent assembly.

A con-con is of course preferable over the long haul if a revision or re-examination of the entire document will be undertaken for a total change of the charter or the modification of its key provisions particularly the form and system of government. But if we really want to have a con-con and before calling for the election of its members, electoral reforms must first be instituted. Right now Philippine election are so costly and corrupt that they don’t result in the selection of the most competent, sincere and reputable candidates. If we will elect the con-con members under the existing process, we might just be compounding our country’s problems.

Of course electoral reforms also entail amendment or alteration of a few specific provisions of the charter like the qualifications and disqualifications of the voters and the candidates. The constitutional provisions on suffrage need to be reviewed and correspondingly amended so as to ensure that only citizens who are legitimate residents of the country and who pay their taxes correctly (unless exempted because of their income level) will be allowed to vote. On the other hand, only candidates with merit and fitness for the position shown by their educational background and experience should be qualified to run while those with pending cases involving moral turpitude and/ or who would perpetuate political dynasties should be disqualified.

Initially therefore, charter change should only involve amendments to effect the electoral reforms. These amendments could be done more expeditiously and with less expense by Congress itself convening as a constituent assembly. Only after these electoral reforms are in place should a con-con be called to tackle the more drastic and sweeping charter changes involving the shift from the present Unitary-Presidential System to the proposed Federal-Parliamentary form of government and other key provisions. At least after the electoral reforms are in place, there is some kind of assurance that the members of the con-con to be elected are really competent, sincere and have the best interest of the country and the people at heart.

But after all is said and done, after the desired charter changes have been completed, let us still keep in mind the words of the late Pope John Paul II that: "Democracy (like ours) isn’t a machine that can run by itself. It takes a certain kind of people, living certain virtues to make democracy work".

* * *

Teddyman Benigno

It always breaks my heart to learn that a man whose life has created a wholesome impact in our society passes away. That’s how the death of Teodoro C. Benigno has affected me. In the few times I met the man during the affairs at The Philippine Star, his humility and unassuming ways stood out. His stature as a journalist par excellence with an inimitable style of writing is widely acknowledged but he never showed any air of superiority at all. With his death, we lost a fearless and most accurate "scorer" of social and political events in this country.

* * *

E-mail: [email protected]