Here comes Cha-cha

Whether we like it or not, Charter change is on full throttle at the House of Representatives.

To no one’s surprise, the House quickly got rid of the second effort to impeach President Arroyo. Some distraction is still being provided by the fight between Taguig-Pateros Rep. Allan Peter Cayetano and First Gentleman Mike Arroyo. We would prefer that lawmakers are instead distracted from Cha-cha by the proposed budget for 2007 and other pressing matters. But it’s clear that the full focus of the House majority is now on amending the Constitution.

Whether the basic law of the land will be merely amended or completely rewritten is still uncertain. Shifting to a parliamentary system of government will require a revision, a complete rewrite of the 19-year-old Constitution. This matter, like the people’s initiative for Cha-cha, will have to be settled by the Supreme Court.

In the meantime, people want to know if Cha-cha is the answer to the many ills plaguing the nation. Any constitutional change can succeed only if there is a corresponding strengthening of the country’s institutions. Except in a handful of sectors such as the military, there is little movement in this direction. There isn’t even any effort to overhaul the electoral system, which is crucial if an amended Charter is to be ratified in a national referendum.

If ever Cha-cha proponents get a green light from the Supreme Court, the focus of this battle will shift to the plebiscite. It will be waged like an election campaign, house to house, with protagonists telling people why Cha-cha would mean their liberation — or doom. The side that gives a more persuasive argument, even if it’s mostly hot air, wishful thinking or hype, wins.

For now the debate does not seem to be arousing any passionate reaction from the public. The battle for Cha-cha has become just another extension of the long-running political warfare that many Filipinos have come to regard like an annoying virus that refuses to go away, with the same characters facing off.

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This is unfortunate, because there are some positive arguments for Charter change. A Constitution must be dynamic, and our Charter was ratified in a different era. The world is changing at warp speed, and we are responding to new challenges much slower and less efficiently than our neighbors. We need to make the country more competitive in a global economy.

Since the administration of Fidel Ramos, Cha-cha proponents have been pushing for amendments that would lift restrictions on foreign investments in the Philippines. These proposals have been revived in the latest effort. Foreign investors have in fact long sought such economic reforms. A number of them, tired of waiting for the reforms, have put their money elsewhere, including China and Thailand.

While the proposed reforms are meant to entice foreign investments, they have spooked many local big business interests who don’t want foreign competition. Just take a closer look at some of those behind efforts to block Charter change.

Many of the economic proposals can attract foreign investments that in turn can generate employment and boost development.

The Charter provision that has been used as justification for the Armed Forces to stage a coup will also have to go if we want to create a professional, apolitical military.

The Cha-cha debate, however, has been hijacked by the politicians, and has become almost completely focused on proposed political amendments.

Not surprisingly, the debate has been reduced to power: who will hold the reins in a parliamentary system, term limits, the fate of the Senate, and the fate of Gloria Macapagal-Arroyo.

One draft drawn up by some Cha-cha proponents made the President a head of state, with executive powers transferred to the head of government, the prime minister. Critics of the President knew this was too good to be true.

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Yesterday the House committee on constitutional amendments quickly approved a package of Charter changes allowing for a shift to a unicameral parliamentary system, with the President serving out her term until 2010 with undiminished powers as she presides over the transition to the new system.

As a sweetener, Vice President Noli de Castro and all senators would all sit as members of an interim parliament. All along we thought we would finally be rid of the non-performers who are wasting taxpayers’ money in that chamber.

There lies the lackluster public interest in this debate. If we have the same faces in Congress and the same face in Malacañang, with undiminished powers, what difference would Cha-cha make? It could speed up the legislative mill a bit, with only one venue for fighting over the pork barrel. Would it end the patronage system? Would political dynasties be broken?

This battle will keep our lawmakers preoccupied for the rest of the year. They should at least spend the time enlightening their constituents about how proposed Charter changes might make a difference in people’s lives.

Admittedly, this is going to be tough. Survey after survey has shown that most Filipinos have not bothered to read their Constitution. How can they make intelligent choices when the proposed amendments are presented to them?

When a new or amended Charter is presented to the people for ratification, you can bet that many will simply follow the advice of their mayor or barangay captain, who is the godfather of their children or sponsor at their wedding.

Developing an informed electorate requires drastic reforms in the education system. This does not need Charter change.

There are many other urgent reforms that do not need Cha-cha. But there is no escaping the Cha-cha train.

We might as well get it over with as soon as possible and with minimal pain. The Supreme Court must resolve petitions on the people’s initiative quickly, because other related matters are likely to be brought to the tribunal for adjudication.

If the high court reverses its own ruling and allows the people’s initiative, it is bound to be asked whether the law on people’s initiative is sufficient to revise or completely rewrite the Constitution, or merely to amend certain provisions.

If the court upholds its previous ruling and stops the people’s initiative, it will likely have to settle questions on the constituent assembly. Can Congress bypass the Senate in amending the Constitution? Will the votes of a handful of senators suffice for a constituent assembly?

Every move will set a precedent and must be considered carefully. We’re stuck with Cha-cha; we might as well do this right.