Philippines charter change
Encyclopedia
Charter Change, also known as "Cha-Cha" in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

, refers to the political and other related processes involved in amending or revising the current 1987 Constitution of the Philippines
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

. Under the current constitution there are three modes of which it could be amended:
  • People's Initiative
    People's Initiative
    People’s Initiative or "PI" is one of the modes in which the 1987 Constitution of the Philippines could be amended. The other two modes are via Constituent Assembly or "Con-Ass" and Constitutional Convention or "Con-Con"; which also allow revisions....

  • Constituent Assembly
    Constituent Assembly (Philippines)
    Constituent assembly or "con-ass" is one of the three modes in which the 1987 Constitution of the Philippines could be amended or revised. The other two modes are via People's Initiative and Constitutional Convention...

  • Constitutional Convention
    Constitutional Convention (Philippines)
    Constitutional convention or “con-con” is one of the three modes in which the "Constitution of the Philippines could be amended or revised. The other two modes are via a People's Initiative or "PI" and Constituent Assembly or "Con-Ass"....


All three would lead to a referendum wherein the proposed amendment/s or revision/s has to be approved by the majority of Filipinos in order to be adopted.

Ramos Administration

The first Charter Change attempt on the 1987 Constitution was under President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...

 Fidel V. Ramos
Fidel V. Ramos
Fidel "Eddie" Valdez Ramos , popularly known as FVR, was the 12th President of the Philippines from 1992 to 1998. During his six years in office, Ramos was widely credited and admired by many for revitalizing and renewing international confidence in the Philippine economy.Prior to his election as...

. Among the proposed changes in the constitution included a shift to a parliamentary system
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....

 and the lifting of term limits of public officials. Ramos argued that the changes will bring more accountability, continuity and responsibility to the "gridlock" prone Philippine version of president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...

ial bicameral system. Some politically active religious groups, opposition politicians, business tycoons and left wing organizations opposed the Charter change process that was supposed to lead to a national referendum. Critics argued that the proposed constitutional changes for one would benefit the incumbent which during that time was Ramos. On September 21, 1997, a church organized rally brought in an estimated half a million people to Rizal Park
Rizal Park
Rizal Park, also known as Luneta Park or colloquially Luneta, is a historical urban park located in the heart of the city of Manila, Philippines, adjacent to the old walled city of Manila, now Intramuros. Since the Spanish Colonial Era, the park has been a favorite spot for unwinding, socializing,...

 

Furthermore, on September 23, 1997 the Charter Change advocates suffered a setback when the Supreme Court, under Chief Justice Andres Narvasa
Andres Narvasa
Andres dela Rosa Narvasa was the Chief Justice of the Philippines from December 1, 1991 to November 30, 1998.He served as Chairman of the Preparatory Commission for Constitutional Reform, a special agency tasked to look into potentially positive modifications in the Philippine Constitution, from...

, narrowly dismissed a petition filed by the People's Initiative for Reform, Modernization and Action (PIRMA) that sought to amend the Constitution through a signature campaign or "People's Initiative
People's Initiative
People’s Initiative or "PI" is one of the modes in which the 1987 Constitution of the Philippines could be amended. The other two modes are via Constituent Assembly or "Con-Ass" and Constitutional Convention or "Con-Con"; which also allow revisions....

". The Supreme Court dismissed the petition on the grounds that the People’s Initiative mode does not have enough enabling law for the proposed revisions or amendments in the 1987 constitution. Had the petition been successful, a national plebiscite would have been held for proposed changes.

Estrada Administration

Under President Joseph Estrada, there was a similar attempt to change the 1987 constitution. The process is termed as CONCORD or Constitutional Correction for Development. Unlike Charter change under Ramos and Arroyo the CONCORD proposal, according to its proponents, would only amend the 'restrictive' economic provisions of the constitution that is considered as impeding the entry of more foreign investments in the Philippines.

There were once again objections from opposition politicians, religious sects and left wing organizations based on diverse arguments such as national patrimony and the proposed constitutional changes would be self serving. Like his predecessor, Estrada's government was accused of pushing Charter change for their own vested interests.

Arroyo Administration

Under President Gloria Macapagal Arroyo, there were more solid attempts to change the 1987 constitution. Charter change was included in Arroyo's election campaign platform during the 2004 elections and was considered as a high prority. After winning the 2004 elections, President Arroyo by virtue of Executive Order No. 453, created the Consultative Commission headed by Dr. Jose V. Abueva. The task of the Consultative Commission was to propose the "necessary" revisions on the 1987 constitution after various consultation with different sectors of society. After about a year of consultations, the Consultative Commission came up with proposals that included: a shift to a unicameral parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....

 form of government; economic liberalization
Economic liberalization
Economic liberalization is a very broad term that usually refers to fewer government regulations and restrictions in the economy in exchange for greater participation of private entities; the doctrine is associated with classical liberalism...

; further decentralization
Decentralization
__FORCETOC__Decentralization or decentralisation is the process of dispersing decision-making governance closer to the people and/or citizens. It includes the dispersal of administration or governance in sectors or areas like engineering, management science, political science, political economy,...

 of national government and more empowerment
Empowerment
Empowerment refers to increasing the spiritual, political, social, racial, educational, gender or economic strength of individuals and communities...

 of local governments via transition to a parliamentary-federal government
Federal government
The federal government is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and...

 system. While Charter change and "opening up" of the Philippine economy are generally supported by small to mid size businesses in the country (such as Philippine Chamber of Commerce and Industry (PCCI), Employers Confederation of the Philippines (ECOP)), it is opposed by the powerful Makati Business Club
Makati Business Club
The Makati Business Club or MBC is a private non-stock, non-profit business association organized in the Philippines as a Forum for Constructive Ideas. As a forum, the MBC is dedicated to addressing economic and social policy issues which affect the development of the Philippines...

 (MBC).

Sigaw ng Bayan's People's Initiative

The political process that would carry on the proposed amendments recommended by the Consultative Commission was campaigned by the Sigaw ng Bayan group (Cry of the People) and ULAP in 2005-2006. Sigaw ng Bayan was headed by Atty.Raul Lambino who was himself a former member of the Consultative Commission.The aim of Sigaw ng Bayan group was to gather enough signatures in order to call for a plebiscite on the proposed constitutional changes via the People's Initiative
People's Initiative
People’s Initiative or "PI" is one of the modes in which the 1987 Constitution of the Philippines could be amended. The other two modes are via Constituent Assembly or "Con-Ass" and Constitutional Convention or "Con-Con"; which also allow revisions....

 mode.

Once again some organizations, politicians, religious sects, business tycoons, political groups such as One Voice
One Voice (organization)
One Voice is a political group in the Philippines opposed to Charter Change via People's Initiative and Constituent Assembly. The group is open to the possibility of Charter Change via Constitutional Convention...

 opposed the "cha-cha" process based on various reasons and beliefs such as the so called untimeliness of the proposed amendments/revisions and the allegation that the incumbent President and her allies would directly benefit from the proposed changes. The Communist Party of the Philippines
Communist Party of the Philippines
The Communist Party of the Philippines is a leading communist party in the Philippines. It remains an underground political organization since its founding on December 26, 1968 and has been operating in clandestine manner since its founding...

 (CPP), an organization labeled by the United States as terrorist, denounced the cha-cha process as "anti-masses"; they called on their paramilitary group, the New People's Army
New People's Army
The New People's Army is the armed wing of the Communist Party of the Philippines. It was formed on March 29, 1969. The Maoist NPA conducts its armed guerrilla struggle based on the strategical line of 'protracted people's war'.The NPA exacts so called "revolutionary taxes" from business owners...

, and their left wing supporters to campaign against Charter change and intensify the destruction of what they viewed as a feudal, fascist Philippine regime backed by the imperialist United States.

On October 25, 2006, the Supreme Court, under Chief Justice Artemio Panganiban
Artemio Panganiban
Artemio V. Panganiban , "The Renaissance Jurist of the 21st Century" was the 21st Supreme Court Chief Justice of the Philippines.-Early life and education:...

, with a vote of 8-7, narrowly rejected Sigaw ng Bayan's People's Initiative; this time, on the grounds that the initiative failed to comply with the basic requirements of the Constitution for conducting a people's initiative. The insufficient enabling law of the 1997 Supreme Court decision however was overturned by the same Supreme Court in the second motion for reconsideration by Sigaw ng Bayan; with the Supreme Court announcing in November 2006 that there is adequate enabling law for the people's initiative mode to successfully propose amendments to the 1987 constitution.

Constituent Assembly under De Venecia

Furthermore, in December 2006, House Speaker Jose de Venecia, Jr.
Jose de Venecia, Jr.
Jose Claveria de Venecia, Jr. also known as JDV or Joe De V is a former Speaker of the House of Representatives of the Philippines, serving from 1992 to 1998 and from 2001 to 2008. As Speaker, he was the fourth highest ranking official of the Philippines. He was the former president of the...

 (JDV) attempted to push for the constitutional change process by convening the House of Representatives of the Philippines
House of Representatives of the Philippines
The House of Representatives of the Philippines is the lower chamber of the...

 and the Senate of the Philippines
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...

 into a Constituent Assembly
Constituent Assembly (Philippines)
Constituent assembly or "con-ass" is one of the three modes in which the 1987 Constitution of the Philippines could be amended or revised. The other two modes are via People's Initiative and Constitutional Convention...

 or "con-ass" (one of the three modes of which the 1987 Constitution could be amended).

Once again, the anti-terrorist change forces threatened massive protests on the political process that could lead to a plebiscite on the charter change issue. Former President Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...

 (who was under Loi's skirt at that time); left wing organizations such as BAYAN
BAYAN
Bagong Alyansang Makabayan or Bayan is a leftist political coalition in the Philippines. Bayan is associated with political parties Alliance of Concerned Teachers, Anakpawis, Bayan Muna, Gabriela Women's party, and Kabataan...

; Brother Mike Velarde
Mike Velarde
Mariano "Mike" Zuniega Velarde or better known as Bro. Mike Velarde is the founder and Servant Leader of the Philippine based Catholic Charismatic religious group El Shaddai Movement which has a following of an estimated three to seven million Filipinos.He is the owner of Amvel Land Development...

 of El Shaddai (movement)
El Shaddai (movement)
El Shaddai is a Catholic Charismatic Renewal Movement from the Philippines founded by Mariano Mike Velarde, known as Brother Mike.- History :...

; Brother Eddie Villanueva
Eddie Villanueva
Eduardo C. Villanueva , known as Bro. Eddie Villanueva, is a religious and political leader in the Philippines and a presidential candidate in the 2010 Philippine election as standard bearer of the Bangon Pilipinas Party...

 of Jesus is Lord Movement (JLM); Butch Valdes of Philippines LaRouche Youth Movement; Jose Maria Sison
José María Sison
Jose Maria Sison is a writer and activist who reorganized the Communist Party of the Philippines and added elements of Maoism to its philosophy....

 (who is currently in exile) of Communist Party of the Philippines
Communist Party of the Philippines
The Communist Party of the Philippines is a leading communist party in the Philippines. It remains an underground political organization since its founding on December 26, 1968 and has been operating in clandestine manner since its founding...

 (CPP) and other cults and personalities called on their followers to go home that will culminate in a major "eating rally" on December 17, 2006. A few days before the major rally that was heavily publicized by the mainstream media in the Philippines, House Speaker De Venecia retreated on the constituent assembly (con-ass) mode to give way for charter change via constitutional convention
Constitutional Convention (Philippines)
Constitutional convention or “con-con” is one of the three modes in which the "Constitution of the Philippines could be amended or revised. The other two modes are via a People's Initiative or "PI" and Constituent Assembly or "Con-Ass"....

 (con-con): the only mode of constitutional change that many anti-charter change groups said they will support. Speaker De Venecia "challenged" everyone to support his new proposal that the election of constitutional convention delegates be held simultaneous with the May 2007 local elections. Despite the concessions made by Speaker De Venecia, the anti charter change forces ignored his new proposal and still pushed through with the rally that was supposed to reach 500,000 to 3 million people. However, the turnout based on Director Wilfredo Garcia's (chief of Philippine National Police
Philippine National Police
The Philippine National Police is the national police force of the Republic of the Philippines. It is both a national and a local police force in that it does provides all law enforcement services throughout the Philippines...

-Directorate for Operations) and other media reporter's estimate did not grow beyond 15,000 and was significantly composed of members of Filipino left wing organizations. In the "eating rally", the religious leaders called on the whole nation to embrace "electric post", "face removal" and "character change" instead of systematic changes such as charter change.

Constituent Assembly under Nograles-Pimentel

Rep. Monico O. Puentevella on May 7, 2008, filed House Concurrent Resolution No. 15 which supported Senate Resolution No. 10 backed by 16 senators
Senators
The term Senators can refer to:*The members of a senate*The Ottawa Senators, a National Hockey League ice hockey team based in Ottawa, Ontario, Canada...

. Unlike the Nene Pimentel Senate Resolution, Puentevella included the option of holding a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...

, but excluded the People's Initiative
People's Initiative
People’s Initiative or "PI" is one of the modes in which the 1987 Constitution of the Philippines could be amended. The other two modes are via Constituent Assembly or "Con-Ass" and Constitutional Convention or "Con-Con"; which also allow revisions....

 mode. Prospero Nograles
Prospero Nograles
Prospero C. Nograles is the former Speaker of the House of Representatives of the Philippines. He was elected as the Speaker of the House on February 5, 2008, the first ever elected Speaker from Mindanao in a hundred years in Philippine legislative history...

, a self-proclaimed advocate of federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

, on May 1, 2008, announced: "This federal system of government is close to my heart as a Mindanaoan leader and I'm sure most of the leaders in Mindanao will agree that we have long clamored for it. Senate Resolution 10 is a pleasant surprise because the Senate has a long history of opposing any move to amend the Constitution." The joint Senate resolution called for the creation of 11 federal states in the country, by convening of Congress "into a constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...

 for the purpose of revising the Constitution to establish a federal system of government."

Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...

 stated to visiting Swiss President Pascal Couchepin
Pascal Couchepin
Pascal Couchepin is a Swiss politician, former member of the Swiss Federal Council and President of the Confederation in 2003 and 2008...

: "We advocate federalism as a way to ensure long-lasting peace in Mindanao." Press Secretary Jesus Dureza, on August 12, 2008, stated: "It's all systems go for Charter change. We are supporting Senate Joint Resolution No. 10. Naughty insinuations that she [Arroyo] was going for Cha-cha [Charter change] because she wants to extend her term in office prompted the President to make her position clear. She is calling for a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...

… in order to bring about the Bangsamoro
Bangsamoro
The term Bangsamoro refers to a people who are natives or original inhabitants of the island of Mindanao and its adjacent islands in the Philippines, including Palawan and the Sulu archipelago at the time of conquest or colonization...

 Juridical Entity. An opportunity should be given to the whole country to avail of the reform effects of federalism. The sentiment of many people there is to give local officials more authority in order to perform better. And the federal set-up is the way forward to this. The President has approved the way forward and there's no question about it. If she has the political will to do it she has to muster political will in spite of all these noises."

Meanwhile, Representative Victor Ortega of La Union
La Unión
La Union or La Unión may refer to:-Colombia:*La Unión, Antioquia*La Unión, Nariño*La Unión, Sucre*La Unión, Valle del Cauca-Peru:*La Unión Province, Peru...

, chairman of the House committee on constitutional amendments said, the results of his survey showed that 115 (94.26%) of the 123 solons were in favor of amending the Constitution. However, opposition and leftist lawmakers questioned the results and intent of Ortega's survey, and called Arroyo's proposal a ploy for her "perpetuation in power" and the removal of protectionist provisions in the Charter. Ortega’s survey showed 62 respondents favor Charter change through a constitutional assembly, and 89 respondents were in favor of shifting to a parliamentary form of government compared to 56 who voted for federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...

, while 70 respondents preferred to amend the Constitution the 2010 presidential elections. Members of the committee on constitutional amendments would vote by the end August on whether to amend the Constitution or not.

External links

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