The Con (Com) game

A law, as fundamental as the Constitution, should outline in few provisions the structure of the government of the whole State and the rights of the citizens. Hence, it should be brief. Brief as it must be, it should also be comprehensive enough to cover all the particular powers and functions of government and of the relations between the governing body and the governed. Hence it should be broad. But in its comprehensiveness it should not suffer in ambiguity as to render the applications of its provisions to concrete situations too difficult if not absurd or impracticable. So it must be definite.

Recalling these first lessons taught to us in law school as culled from the constitutional law book of Justices Malcolm and Laurel, and applying them to the 1987 Constitution, I have come to the conclusion and consistently taken the position that the same needs some amendment or revision. Of the four constitutions we had, this is so far the lengthiest. Brevity is certainly not one of its characteristics. The numerous justiciable controversies and "constitutional crises" arising since its effectivity are also indelible signs that it is not broad and definite enough. Indeed in resolving some of these controversies, our Supreme Court has even been denounced as resorting to judicial legislation or violating the principle of separation of powers. And with due respect to its framers who are all highly esteemed for their brilliance, competence and patriotism, I cannot help but get the impression that they drafted the document when they had not yet fully recovered from the nightmares of martial rule.

The renewed move to change the charter launched by the President herself therefore deserves full support whether or not there are some hidden political agenda behind it. The only problem however is that Malacañang seems to be going overboard again. In its relentless and determined effort at accomplishing the change, it may be undermining the present Constitution as if its non-observance no longer matters since it is going to be changed anyway. Creating a body of constitutional consultants euphemistically called Citizen’s Consultative Commission, when the present charter itself already provides for adequate modes of revising or amending it, is apparently questionable.

Nowhere in the present charter is the creation of such a body (Con Com) sanctioned. Its main function of studying and recommending the amendments or revisions to the existing constitution is precisely the task of Congress and its committees acting as a constituent assembly, or of a Constitutional Convention called for the purpose, and the committees it may create. The Con Com cannot legally require the duly convened constituent assembly to automatically accept and adopt the proposals coming out of its studies and deliberations no matter how intensive and extensive they may be. At the end of the day, the creation of this Con Com may just turn out to be a waste of money, time and talent (many of its members are admittedly brilliant and capable including three of my colleagues in the Star). For, it is plain to see that it will just be duplicating the work of the validly convened constituent assembly which is either Congress or a Constitutional Convention. Besides, it is constitutionally questionable whether the Palace can fund this body without the necessary appropriation measure originating from the lower House.

Even more glaringly objectionable is the designation of some elected officials to the Con Com especially when viewed in the light of the express provision of the Constitution which mandates that "no elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure"(Article XII-B Section 7). It is of course the appointing authority’s prerogative to choose appointees according to his best lights, but with so many other competent and qualified Filipino patriots to tap, designating persons already occupying other elective posts not only runs counter to the constitution but also invites suspicion that Malacañang is packing the body with conformists, loyalist and sycophants. Thus the Commission’s already low credibility may drop even more.

Again with apologies to my colleagues in media particularly in The Philippine Star whom I hold in high esteem, joining the Con Com somehow jeopardizes their objectivity and independence. The Press has been aptly dubbed as the Fourth Estate precisely because it is supposed to be impartial, free and a separate "branch". So its members are not expected "to jump into bed with government" to borrow the expression of my favorite ex- Senator Rene Saguisag.

The creation of the Con Com has therefore not only provided the opposition with additional ammo against the Palace but has also tainted the charter change with the color of partisan politics. This is not a good sign of a finer and far superior charter we are all hoping for.

E-mail: jcson@pldtdsl.net