Wexistence

Multi-sectoral groups wave their banners in protest

I haven’t joined a rally since Edsa II. I was in college then, and I’ve since come to realize that there are more productive ways to expend time and energy if you really want to contribute to positive social change. Which is not to say that I don’t see the value in protest actions, because I do. It’s just that in the Philippines it seems like we’re marching onto the streets every other day and somehow the frequency lessens the impact.

But anyway, I was at the anti-con-ass rally on Ayala last June 10 because I felt strongly about the cause. I will not stand for a charter change that does not reflect the will of the people, for term extensions, for no elections in 2010 and for further abuses in government. I wanted to take part in an opportunity to raise awareness about the implications of con-ass.

It started out okay. I particularly liked the skit of Paq Yu (Gabe Mercado) and Juana Change (Mae Paner); I thought they summed up the issues nicely. It started going downhill for me when the politicians started talking. I would have much preferred it if the organizers had invited on stage more representatives of the various groups present, or even just ordinary citizens from different walks of life.

Political rivals sharing the stage: a show of solidarity for a common cause or just another campaign opportunity?

Chiz Escudero, Mar Roxas, Loren Legarda, Among Ed Panlilio among others addressed the crowd. Kiko Aquino Dy read a letter from his grandmother. (I’m sorry Tita Cory, but you lost credibility with me when you started hanging out with the shadier members of the opposition. I thank you for your service to and sacrifice for the country, but you are not the moral compass of the Philippines.) JV Ejercito relayed a message from Erap. (Your father was convicted of plunder and you have the gall to get up there and pontificate?) JV was the last straw for me. I left shortly after.

A banner with the faces of the representatives who supposedly voted for HR 1109

HR 1109 was approved through a viva voce vote. The ayes won simply because they were louder than the nays. There is no official record of who voted what, so we’re not sure if the lists floating around on the internet are accurate. Our best bet is the list of those who signed as co-authors of HR 1109. Obviously (with the exemption of Rep. Luis Villafuerte, who withdrew his signature), legislators will not vote against the measure they authored. I feel that propagating a list that has not been verified is unfair to the congressmen who may not have supported the resolution.

It seemed to me that people at the rally spent more time bashing PGMA and the con-ass congressmen than talking about con-ass itself. I wasn’t expecting a scholarly debate, but is it too much to ask that we focus a little more on issues and a little less on personalities? The backdrop of the stage read “Stop Gloria’s Con-Ass” as did many of the signs and banners people were carrying. I personally am against not just Gloria’s con-ass, but I’m against any attempt to violate our democratic institutions. It’s not just about the people involved in these shenanigans, it’s about what they represent. I don’t want to see just a change in political leadership, I want to see change in our entire political culture.

This will be my last rally for a while, unless something of Edsa I proportions happens.

On a lighter note, I thought this “Amazing Map of the Philippines” was really funny, though I’m not sure why someone was carrying it around at the rally:

“SHAPE LOOK LIKE ALIEN”

Earlier that day, at an MGG meeting in the Ayala Foundation conference room:

The view of Ayala at around 4:00 PM from 10th floor of the BPI building
Me, Paeng and Quintin with the crowd growing on Paseo de Roxas in the background,
Posing with Mae in her full Juana Change glory before the rally

View the full set of photos on Flickr.

Fr. Joaquin Bernas, Former DSWD Secretary Dinky Soliman, Bukidnon Rep. Teofisto “TG” Guingona III
June 4, 2009 at the Ateneo de Manila University

The Constitution has not been violated — yet. According to Fr. Joaquin Bernas, Dean Emeritus of the Ateneo de Manila Law School and renowned constitutional expert, HR 1109 expresses the intent to “gang rape” the Constitution, but the actual violation has yet to occur.

Our 1987 Constitution states that constitutional amendments “may be proposed by congress” but it does not specify whether or not the House of Representatives (HOR) and the Senate must be in joint session. Fr. Bernas is of the opinion that “what the Constitution does not prohibit it allows,” therefore with or without HR 1109, the HOR already is a Constituent Assembly. As such, it can propose amendments at any time. However, Fr. Bernas stressed that any amendments proposed by the HOR must be approved by the Senate.

HR 1109 stipulates that the HOR and the Senate would vote jointly—not separately—to amend the 1987 Constitution. Clearly, the HOR seeks to render the Senate useless, because the larger House membership could override any Senate objections to proposed amendments. Is this constitutional? Could the HOR actually proceed without the Senate?

Fr. Bernas says it could, but only if the Supreme Court is complicit. In which case, it would play out this way: The HOR would bring the amended Constitution to COMELEC for a plebiscite. A case would be brought before the Supreme Court. Supreme Court would rule that the proposed amendments were valid even without Senate approval. The plebiscite would proceed and the Filipino people would vote on the amended Constitution.

The approval of HR 1109 has sparked outrage from multi-sectoral groups all over the country who fear that charter amendments could pave the way for the Arroyo administration to remain in power. How real is the threat of term extension? Sec. Dinky Soliman described four possible scenarios:

• …The Supreme Court decides that a Senate less CONASS is valid. Plebiscite continues, it is a yes victory and the election of May 10, 2010 is an election for a parliamentary form of government. GMA runs on a district in Pampanga. She wins and becomes eventually the Prime Minister.This scenario assumes that the outraged and protest from the citizenry is weak.

• …The Supreme Court declares that Congress is a bicameral body therefore the Senate is needed. Election fever catches up. A presidential election is held in May 10, 2010.This scenario assumes that there is significant citizen’s lobby to stop CONASS and chahcha. The citizen’s actions is a major influence in the assessment and judgement of the justices in the Supreme Court.

• …There is building outrage from the citizens and more street actions are undertaken. Malacanang rides on the anger of the people and organizes violent incidents that will then be the basis for emergency rule. This scenario assumes that citizen’s actions are not organized and disciplined which creates the conditions for infiltration and manipulated violence from the enemies of democracy.

• …The debate and deliberation in the Supreme Court takes a long time and it gets overtaken by election on May 10, 2010. GMA runs for Congress in Pampanga she wins, the administration candidates win too. They get the Supreme Court go ahead and convenes a Constituent Assembly, converts Congress into a parliament and GMA is elected as Prime Minister. This scenario assumes that the 2010 election is dominated by the allies of GMA and her candidates wins. This scenario assumes that transactional politics was the dominant practice and cheating, vote buying and killing will be the norm in the election of 2010. This means the citizen’s action was weak and we failed to educate and mobilize active citizenship.

Fr. Bernas emphasized that term extension would only be possible with the cooperation of the Supreme Court and the military.

When asked if there was any indication which way the Supreme Court would rule, Sec. Soliman replied that presently the justices are being very careful. They know the implications of their decision and cannot be seen as having a position. Political analysts have raised the question, will “utang na loob” prevail in a decision made by GMA-appointed justices? Based on past decisions, Sec. Soliman said that the Supreme Court has shown that it is independent.

Sec. Soliman was less optimistic about the military. AFP Chief Lt. Gen. Delfin Bangit’s loyalties clearly lie with GMA. He served as her PSG commander and she is an adopted member of his PMA Class (Class ’78). It does not seem unlikely that Gen. Bangit would be complicit to a repeat of the 2004 presidential elections in which ranking military officers participated in massive election fraud or to emergency rule.

According to Rep. Guingona, right now there is a lot of confusion in the House. Even the proponents of the HR 1109 are all saying different things, no one seems to know what will happen next. What is clear is that (1) HR 1109 is the first overt step to change the constitution; and (2) There is a mastermind behind all this.

Rep. Guingona recounted the events at the House on June 2: “We were supposed to take up land reform. They did not continue… And you could feel their battering ram, like a railroad, you could feel the pressure. Let’s do this, let’s do this. They were ramming it on us… Imagine, this is changing the Constitution. And after four measly hours of debate, of interpellation, suddenly somebody stands up and moves that we close the debate and go into voting… Terrible, sickening, disheartening.”

“It is true, there was a threat. Those who would go against this charter change would receive no pork barrel,” said Rep. Guingona. “The CDF… is what is being used to control the congressmen and their votes.” Neither the CDF nor the funds for various pump-priming projects have been released.

HR 1109 is clearly just the tip of the iceberg. It is part of a much larger plot, but at this point no one is sure what that plot is. Term extension is a possibility, but there may be others that have not yet been identified. All we know is that it represents an insidious threat to our democracy.

What can we ordinary citizens do? We can be informed and be vigilant. We can express an opinion and make our voices heard. We can write our congressmen or write letters to the editor. We can raise awareness and educate others using our mobile phones, our blogs and our social networks. We can engage our families, our friends and our communities in dialogue. We can get involved with groups and organize rallies, concerts, foras and various other activities.

We cannot afford to sit back and be passive observers; there is too much at stake. If we want to live in a democratic society we need to fight for it. Now is the time to make our stand.

On the recent events at the House of Representatives, someone on one of my social networks commented:

These representatives sure don’t seem to be representing us the way they’re voting in the congress these days. When was the last time your congressman actually too the time to ask his constituents what they needed or wanted?

I replied:

I think they do represent us, but not in the sense that they represent our best interests. They represent us in the sense that they are reflections of our values and attitudes. They are products of our political culture.

One of my mentors at my university explained it this way: “It is convenient to blame all this on the rapacity and moral turpitude of our politicians. But, is it not that politicians merely play by the unwritten rules of this sordid game? How much of this corruption is due to popular complicity? Is not the craving for pork partly driven by the electorate’s own insistence that their congressmen always bring home the bacon, so to speak? [You can't have bacon without pork, can you?] There is a seemingly benign Tagalog expression whose implications for political and public life I have only recently discerned. It goes something like this: Walang hindi nadada-an sa magandang usapan. This wonderful formula belongs to everyday life, does it not?”

He replied:

I certainly don’t disagree with you. I don’t know how many times I’ve heard someone say “Tatakbo na lang ako sa Kongreso para yumaman ako” implicitly agreeing to the corruption that’s been going on.

Yet on another level I can’t agree as well. I can’t quite put myself to believe that all of us would think that way… course if that’s the case, we’re pretty much doomed as a nation, cha-cha or no cha-cha.

I replied:

I’m not saying all of us think that way. I’m saying that has been our prevailing culture. But I don’t think we’re doomed. The fact that we have a growing pool of outstanding local government executives shows that Philippine political culture is changing.

There are numerous examples of well-run communities in the country. Marikina, Naga (which was recognized by the World Bank in 2003 as one of the world’s model cities), Davao and Puerto Princesa are just some of the more famous examples. Less famous examples would include Lanuza Bay municipalities in Mindanao, Pandan in Antique and Iriga in Camarines Sur. Examining these cases should give us a more nuanced view of Philippine society and the potential for genuine democratic politics.

A Statement by Young Public Servants (YPS)

Our Constitution, the fundamental law of the land, can be changed in three ways. One is through a Constitutional Convention where delegates are elected by the people. This is how our 1987 constitution was drafted. Second is through an initiative where twelve percent (12%) of the total registered voters can sign a petition for charter change. Each legislative district must be represented by at least three percent (3%) of its registered voters. And finally, through a Constituent Assembly where Congress (House of Representative and the Senate) transforms itself into a body that changes or amends the constitution. This is more popularly referred to today as the Con Ass.

The debate today is not whether Con Ass is a valid way to change the constitution. It is. Rather, it is the way the House of Representatives formed the Constituent Assembly. In our current constitution it simply states that the Constituent Assembly is formed by a vote of 3/4 of all the members of Congress. It is not stated if the vote is done separately in the House of Representatives and Senate. A 3/4 vote means 176 congressmen and 17 senators voting separately or 196 congressmen plus senators voting as one.

House Bill 1109 was passed on 2 June 2009 with a vote of majority of the Congressmen present. The way this resolution was passed has been questioned by many as unconstitutional. It does not follow the process written out to form a constituent assembly. Only the Supreme Court can now decide whether this is Constitutional or not.

Changing our constitution is a valid exercise of our democracy but the question to ask is this: Do we need to change it now? And do we trust our Congressmen to amend it in the interest of the people. We are in the midst of gearing up for a 2010 Presidential election. 57% of the voting population is made up of youth and young professionals. If there is increased political participation among the youth then we carry the key in leading effective change in the country. And we would want to be a part of any discussion that changes our Constitution.

Young Public Servants works to build a nation of Filipino youth engaged in Good Governance, the foundation of which should be Good Citizenship. As a member of Youth Vote Philippines, YPS believes that engaging more Young Filipinos to register and vote provides the best anchor for sustained and increased political participation. In the next couple days we should all do one or all of the following (1) Read HB 1109 (2) Be updated about moves to change the constitution (3) Engage your friends and family in discussions about what scenarios the Con Ass can bring (4) Continue this discussion online – social networking sites, blogs – get your opinion out (5) Get involved in activities where you can express your opinion or show support (www.yps.org.ph will provide a list of activities you can join as activities are organized). (6) Know if your district representative voted for HB 1109 or not (7) Attend the Con Ass forum at the Ateneo (today at 4 pm) (8) Organize your own fora in your schools and communities (9) Work harder at getting more young voters registered and engaged to vote in 2010 (10) Visit www.youthvotephilippines.com and www.yps.org.pg

For comments and inquiries email info@yps.org.ph or yvotephilippines@gmail.com

* House Bill 1109 is a resolution calling upon the members of congress to convene for the purpose of considering proposals to amend or revise the constitution upon a vote of three fourths of congress
* There are 216 district representatives and 22 party-list representatives for a total of 238 representatives. Including the senate (23) this makes a total of 261.

House rams through Con-ass resolution (Inquirer.net)

Approval of House Resolution No. 1109 empowered Congress to convene itself into a Con-ass in which members of the House and the Senate would vote jointly—not separately—to amend the 1987 Constitution.

…one of the sponsors of the resolution had admitted on the floor that the “whereas clause” in the resolution that prohibits the term extension of the incumbent president and vice president, senators, congressmen, mayors and other elected officials whose term will expire in 2010, and that there would be elections in 2010 was “not binding.”

This is what Jose Rizal meant when he said an immoral government is matched by a people without morals; an administration without conscience, by grasping and slavish townsmen. “The slave is the image of his master: the country, of its government.” (El Filibusterismo)

Look in the mirror, Philippines. We elected these people into office, we only have ourselves to blame.