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Friday, April 26, 2024

Charter Change reso rekindles no-el fears

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The recent approval of Resolution of Both Houses 1 or the so-called economic Charter Change on second reading in the House of Representatives has reawakened fears of a “no election” scenario in 2016, a militant lawmaker said on Saturday.

“Coupled with the Commission on Elections difficulty in preparing for the automated elections, the passage of the charter change resolution adds to fears that the Aquino administration is actually preparing for a ‘no-el’ situation,” said Rep. Terry Ridon said of Kabataan party list.

“It’s not over till it’s over. With the ruling Liberal Party restless with what the 2016 elections may bring, the renewed push for charter change may serve as their trump card,” the legislator noted. “The warning signs of a no-el scenario are all present now: bungled election preparations and a congressional initiative to open the Constitution to revisions.”

But House Speaker Feliciano Belmonte, Jr. and Majority Leader and Mandaluyong Rep. Neptali Gonzales II played down fears that the effort to amend the economic provisions of  the Constitution would be extended to discussion on the political provisions of the Charter.

“I myself will oppose it once it is done,” Belmonte said.

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Gonzales said that RBH 1 of Belmonte, of which he co-authored, was very clear on its intent, and that it only focused on the economic provisions.

While RHB 1 seeks to amend the economic provisions of the 1987 Constitution, Ridon said, there is no stopping administration stalwarts in the House to sneak in political cha-cha, otherwise known as term extension.

The lawmaker also said that the renewed cha-cha push may be fuelled by Aquino’s desire to escape prosecution after his term ends.

“As the end of his term nears, Aquino and his cabinet members are becoming more and more desperate. The Aquino administration knows that it has committed criminal acts through the assailed Disbursement Acceleration Program (DAP) and can also be made accountable for the botched Mamasapano operation. They want to evade prosecution, and that’s why they’ve revived cha-cha,” Ridon said.

“The Filipino people must stop this renewed cha-cha push. We must not let Aquino and his cohorts get away with the preparation of this apparent escape route. More than ever, the public must stand guard against all attempts to postpone the upcoming polls – whether through charter change or otherwise,” the legislator called.

Dangerous piece of legislation

No-el fears aside, Ridon expressed belief that RHB 1 would “destroy the standards and limits set by the Constitution” and would also spell disaster for the Philippine economy.

Filed by  Belmonte in July 2013, RBH 1 seeks to revise the Article XII (National Patrimony and Economy), Article XIV (Education, Science and Technology, Arts, Culture, and Sports), and Article XVI (General Provisions) of the 1987 Constitution by inserting the phrase “unless otherwise specified by law” in pertinent sections.

“RBH 1 poses a double-edged threat: one, it will open new loopholes in the 1987 Constitution that would allow the haphazard revision of economic provisions. Second, the catch-all amendment pushed by the House Speaker will inevitably lead to the bastardization of constitutional standards and limits,” Ridon said.

Ridon said that the amendments sought by Speaker Belmonte are “vague and overbroad” and would open loopholes that would render Article XVII (Amendments or Revisions) of the 1987 Constitution useless.

“I actually think the amendments are courting unconstitutionality for being overbroad and its potential to demolish the standards and limits set by the Constitution,” Ridon said.

While the Philippine Constitution allows only three ways for charter change – via constituent assembly, constitutional convention, or people’s initiative – the amendments pushed by Belmonte would open a new way in amending the Constitution: piece-meal legislation.

“By inserting the phrase ‘unless otherwise specified by law’ in clauses that set certain limits on foreign ownership of several industries, RBH 1 essentially destroys the standards and limitations set by the 1987 Constitution. If passed, RBH 1 would subject the Constitution to the whims and caprices of the ruling party in Congress,” Ridon explained.

By empowering Congress to revise standards and limits on economic provisions of the Constitution, powerful foreign and domestic lobby groups would also gain the upper hand. “Passing RBH 1 would favor corrupt politicians who would file any bill at the right price. Belmonte’s amendments essentially subjects the Constitution to the influence of foreign and domestic lobby groups,” Ridon added.

“The people should be vigilant amid the renewed push for cha-cha. Filipinos should not be fooled by the rosy picture of growth and development painted by powerful corporate lobbyists – as behind that coat of paint lies the grim portrait of intensified poverty and foreign exploitation,” the youth solon concluded.

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