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FILIPINOS, BEWARE OF THE CHARTER AMENDMENTS!
Learning from Malaysia
By Atty Gertrude Biliran
Published: December 10, 2006 by The Bohol Standard

Three (3) years back, Malaysia welcomed us with its impressive infrastructure – the Petronas towers - the tallest in the world, a modern airport, and a “train” from the airport to all parts of the city which leaves and arrives at a specified time.

The Petronas towers were built during the tenure of Malaysian leader Mahathir Mohamad who, having been two decades in power, is credited for bringing about Malaysia's rapid economic development. He was the only bold leader in Southeast Asia who said NO to globalization, with the argument that Asian countries should first strengthen themselves before joining the bandwagon of trade liberalization.

If you are a leader of a country with the world’s tallest building, your voice is something to be reckoned with. Even in his retirement, Mahathir’s voice of authority continues as last Friday, he exhorted East Asian nations “to pull together to boost their global stature.” Very well showing that he is not a wimp even among strong nations, Mahathir made this bold statement in the inaugural East Asia Summit in Kuala Lumpur where 10 Southeast Asian countries, plus China, South Korea and Japan attended.

Interestingly, leaders from Australia and India and New Zealand also attended the summit, but this did not deter Mahathir from adding that “Australia and New Zealand should be excluded due to their Western ideology.”

Mahathir added that since Australia and New Zealand’s “attitude and way of thinking represent really the thinking of the Europeans and the Americans,” they “would not be able to understand the needs of Asian countries.”

According to Mahathir, Asians only want to trade while the West wants to conquer. Mahathir exhorted Southeast Asian countries “to come together so that we would be able to voice our opinions in international negotiations, particularly with regard to trade and financial regimes.”

History teaches us that Mahathir was right in saying NO to globalization. Yet, our country didn’t listen to him. Isn’t it about time that we finally listen to the wisdom of this bold leader who built the tallest building in the world?

Vague and Badly Drafted Constitution

We reach the conclusion of this series (finally!) with the bold assessment of the Counsels for the Defense of Liberties (CODAL) that the provisions in the House Proposal are vague, badly drafted and deceptive, wittingly or unwittingly leading to a constitutional crisis.

CODAL echoes the observation of not a few, that the House Proposal is not a mere amendment but a REVISION of the constitution. As such, the so-called “initiatives” cannot initiate charter change. The exhaustive critique quoted retired Justice Isagani Cruz’ differentiation in his book on Constitutional Law where he stated that amendment means “isolated or piecemeal change only,” while revision is a “revamp or rewriting of the whole instrument.”

The CODAL further pointed out that contrary to the claims of some apparently deceived Federalists, the House Proposal does not provide for Federalism. While Sec. 25 of Art. II of the House Proposal states that the “State shall ensure the autonomy of local governments or clusters thereof towards the establishment of a Federal System of Government,” this was found as a vague general statement that actually amounts to no demandable right for a Federal system.

Moreover, Sec. 15 of Art. II of the House Proposal conflicts with Sec. 12 of Art. VII-A on the grounds for suspension and privilege of the Writ of Habeas Corpus. While under Sec. 5 of Art. II, the basis for the suspension of the writ is limited to invasion and rebellion, Sec. 12 of Art. VII-A provides that the writ may be suspended “in cases of invasion or rebellion or imminent danger thereof.”

There is likewise a less stringent qualification for a Prime Minister (only that he or she must be at least 25 years old and must have resided in the Philippines for at least one year) than that of a President (must be at least fifty years old and a Philippine resident for 10 years).

Queerly, while the Prime Minister has the power to appoint and remove a member of the Cabinet, the President is the one empowered to accept their resignation.

The House Proposal likewise provides that “law” may revise the jurisdiction of all courts, even while the jurisdiction of the Supreme Court can be provided for only by the Constitution, not by just a law.

Finally, there is no express provision in the House Proposal on when the proposed revision of the Constitution takes effect.

As we conclude this series, we fervently hope that you, dear readers, were grasped this rare opportunity to know, understand and critique the real contents of the House Proposal. I have done my damnest best to do my part, and it is now up to you to decide. It is hoped, however, that your decision would be based on your love for your country, not for yourself.

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