Cha-cha - rough roads ahead

The much publicized charter change designed to effect major revisions in the 1987 Constitution appears headed to the rocks. The stumbling block: The Philippine Senate. Almost to a man, the senators are bent on keeping a tight grip on their status, never mind if the future of the country is in jeopardy.

As provided for in the Constitution charter change can be done through either of these mechanisms: Constituent assembly by Congress, constitutional convention, or people's initiative. The third mechanism, however, is limited only to minor changes or amendments. For major ones such as converting the structure of governance from presidential to parliamentary or shifting to a federal system the appropriate means are either a congressional assembly or a constitutional convention.

The problem is that before Congress can convene into a constituent assembly, a vote of three-fourths of all its members, voting separately, is needed. In the House, this is not much of an issue because majority of the congressmen are in favor of the proposed amendments. But in the Senate this requirement is simply impossible to comply considering the current temper of that body. Even one-third, or one-eight, of the members cannot be mustered, and understandably so, because the impulse of self-preservation is an over-riding one.

The honorable senators are of course aware that it is not only their exalted status which is at stake, but also their grasp on power and influence as well as their exorbitant perks. Think of losing P200 million in pork and of losing too a good source of clandestine accounts. Think of huge retainers' fees and of fat remunerations for board memberships in corporations and you will know how the senators feel. Who is the senator who will part with these without a fight? Under threat of losing their happy days in the legislature they may yet do a Custer in the war plain of politics.

An alternative mode of proposing change in the Constitution is through a constitutional convention. But again the enabling law for this is a legislative action requiring the vote of two-thirds of all the members. Whether this number is to be taken from a joint session of Congress the 1987 Constitution does not stipulate, but constitutionalists are inclined to believe that the basis of the two-third vote should be the sessions of both houses conducted separately. Again, there is no problem in getting the required number of votes in the House. The impasse would be, as mentioned earlier, in the Senate.

If the two-third votes cannot be obtained, there is still a chance of pushing through with a constitutional convention provided a majority vote by Congress so authorizes it. This can be done by tossing the question of whether or not a convention should be called to the people themselves in a plebiscite. This process however is a round-about one and is very expensive. Even then it should be resorted to as a last recourse if the Senate continues to block any moves towards Cha-cha. But again the apriori question is, will Congress be able to pass the enabling law?

Much has been said about the need to amend the charter. Minds have debated on the advantages and disadvantages of shifting to a unicameral parliamentary form of government, and the consensus is snowballing toward such shift. Other aspects of governance which are urgently called for under the present socio-economic environment have also to get embedded in the revised Constitution. Failure to do so would be a setback to any efforts to propel this country towards progress and stability. There is therefore a need for all well-meaning Filipinos to work together to bring about the needed constitutional change.

A moratorium on political skirmishes is called for. The opposition and the opposed should raise the white flag for the time being and come to the bargaining table. The fence sitters and the skeptics too are invited to join hands for the sake of country and people. Everyone, no matter what his status is, should put up his share of efforts towards this national concern. The very future of the nation is at stake.

Let the issue of change be therefore debated and debated intensely, but let everyone be on board- especially the honorable members of the Senate.