The Senate Committee on Constitutional Amendments and Revision of Codes on Thursday met for the first time to discuss possible amendments to the 1987 Constitution.
Sen. Robinhood “Robin” C. Padilla, who chairs the committee, kicked off the process by saying: “There is one truth that cannot be denied — that we Filipinos must respond to the call to improve and enhance our Constitution if needed.”
“As head of this committee, I accept the responsibilities given to me by my colleagues in the Senate and by the public. My mind will remain open to knowledge, opinions, and suggestions to improve our Constitution,” the former actor said.
The discussion at the Senate centered on three points:
• Is there a need to amend or revise the 1987 Constitution?
• What modality will be appropriate for amending or revising the Constitution?
• For amendments and revisions to the Constitution, should the members of the Senate and House of Representatives vote jointly or separately?
Padilla said it cannot be denied that the Constitution has a key role in democratic countries like the Philippines, noting that from 1898 to 1987, there had been changes to the basic law of the land.
“So many events have taken place, including revisions, to various versions of the Constitution for more than a century,” said Padilla. “If we would tackle them one by one, it would take quite a long time.”
Meanwhile, lawyer Christian Monsod, one of the framers of the 1987 Constitution, shared some proposed amendments that he is in favor of – including being in favor of tandem voting for the presidential and vice-presidential candidates.
Monsod also favors having “run-off elections” in cases where the votes for the top two positions are close.
In a run-off, “when votes are too close, then the others are eliminated and the first two are subjected to another election,” he said, pointing out that other countries are doing this too.
The constitutionalist is also in favor of amendments to the composition and function of the Judicial Bar Council and the removal of the quasi-judicial function of the Commission on Elections (Comelec).
“The Comelec should not engage in that. They should just concentrate on the process and giving them a quasi-judicial function complicates the function of the Comelec,” Monsod said.
He also proposed to Padilla to review a record of a September 2016 forum attended by 50 diplomats and experts.
“Their first recommendation is, when you have a functioning democracy, no matter how imperfect, you should amend or refine, but not revise, because there is no literature in the world that says one system is better than the other,” he said.
Former Interior Undersecretary Jonathan Malaya said there should be no debate as to whether there is a need to amend the 1987 Constitution.
As head of the Inter-Agency Task Force on Constitutional Reforms, Malaya shared possible amendments to the Constitution in the same hearing, noting that he was also in favor of tandem voting.
“Every generation always studies the Constitution, and in our opinion, 36 years from the approval of this Constitution, it’s time to change it,” he said.
A provision that could be changed is lessening the presidential term to four years with reelection, instead of the existing six years without reelection, Malaya said.
“Some are saying elections are for accountability. If the president is not subject to an election, how can he be accountable to the people?” he said.
The party-list system must also be tackled, as political dynasties or certain groups are allegedly using it to advance their interests.
As for the judiciary, Malaya questioned the number of cases brought before the Supreme Court, leading some to complain that it “now has the power of judicial legislation.”
“In (the United States of) America, their Supreme Court only hears 100 or so cases a year,” he said.
Meanwhile, Malaya told Padilla that a constituent assembly for Cha-cha may cost less than P11 billion.
He earlier said the three ways to amend the constitution involve constituent assembly, constitutional convention, and the people’s initiative.
Tackling Cha-cha during the early stages of the Marcos administration is the right time, the former undersecretary said, adding that proponents of constitutional change resented being labeled as tools for supposed self-serving politicians.