Charter change (Cha-cha) is absolutely necessary for our country at this time. The 1986 Constitution was a stirring reaction to 20 years of authoritarian regime. A pluralistic politics and entitlement-laden citizenry in a new and revived democracy was established. As a result, we witnessed a proliferation of political parties and sectoral parties, grant of free high schooling, Magna Carta of Rights in favor of various sectors and other welfare measures.
The Duterte administration has chosen Cha-cha as the centerpiece of its reform agenda. And that appears undoubtedly the call of the time.
Amending the Constitution is a transcendental event. Hence, the country should employ its best—from bright young thinkers to wise old-timers—working long and thinking fulltime how to improve our future. Yet, the country doesn’t have the luxury of time and people have high expectations. Consequently, the nation cannot be drawn needlessly into endless debate and self-destructive political bickering.
The choice of the mode of changing it is critical. Constitutional convention or constitutional assembly? Whatever mode is finally chosen, the more fundamental choice, the game-changing issue, is the shift of the government.
Of course, there are other big issues, such as foreign-investment limitations on key modern areas of the economy as telecommunications, mass media, transportation and energy, infrastructure and education.
But beyond the limitations on foreign ownership, the root cause of the country’s economic malaise, in my opinion, is the overwhelming concentration of power in the Presidency.
Our highly centralized government has to be reshaped. More power and control—which include funds—need to be transferred from so-called imperial Manila to the provinces.
A federal system may be one solution. But it’s probably too abrupt and drastic a shift in an archipelagic country, with over 70 proud tongues. It’s going to be quite expensive, as well. Each state will have to establish its own school system, judiciary, a health department, police and several new layers of bureaucracy.
Hence, a transitional arrangement is necessary: full devolution of authority from the center to the provinces while maintaining a Presidency that can hold our islands together.
Under the present Constitutional setup, the President is made effectively the Fiscal Czar. For instance, he is authorized to reallocate and spend any “savings” without congressional consent. If next year’s annual appropriation doesn’t get passed on time, the current year’s budget is considered reenacted for the succeeding year. That means the entire budget becomes “savings,” and a discretionary fund at the sole disposal of the President.
That tremendous fiscal clout has created the opportunity for misuse of public funds—as demonstrated by the controversies over the pork barrel in 2013 and the Disbursement Acceleration Program of the following year.
This fiscal black hole coupled with the lack of a programmatic party system are sample issues crying out for reform. These two together hinder and impede the nation’s progress and the prosperity of all Filipinos.
E-mail: angara.ed@gmail.com.