Amendatory phase

(Part I)

IN the discourse for passing the 1987 Cory Constitution, some Constitutional Commissioners were assuaging my father (former Senator Rene Espina, and secretary-general of the Unido). “Rene, let us support and approve this, even if it has defects. We can always amend it later on.” The hopeful and perhaps “innocent” commentary exposes present reality. We have never amended the errors and weaknesses of this basic document. The Philippine state remains captive to — what I previously wrote — political dysfunctions.

Looking back, the omen of a defective process, summarized proceedings, and controversial motives have come to roost. In today’s Charter Change climate, absent is the effective term “amend,” amidst the frenzy to “revise” the form of government. Efforts to tinker with every charter from the 1973 to the 1987 Constitutions focused on overhauling the entire structure of government, disregarding unresolved questions and direct/collateral effects, for example a generational learning curve, change in jurisprudence, etc. Is it not about time we tarry and take baby-steps in resolving the flaws of the current Constitution? Leading attitudes have instead descended into a gung-ho “all or nothing” — a reprise of the past, by prescriptive political conditions.

I marvel at the 1787 US Constitution and how their Congress introduced 33 amendments without experimenting on the form of government and defacing the founding pillars of the country. Even a proud and nationalistic nation as Japan with a 1947 “MacArthur” Constitution (the draft submitted in one week), excuses with no fig leaf to revamp this charter. In both instances, underlying wisdom cautions against our political restlessness to incline swiftly/recklessly, tampering and junking every system of government we adopt, according to Thomas Jefferson, “for light and transient reasons.” Is the rising frustration due to the constitution? Or drivers of our politics? Perchance, part of the problem are politicized adventurers who simplify the debate hurriedly copying foreign constructs/trends alien to our evolution, peculiarities, and experience as a people.

Make the Constitution work as a broad breathing document without risking irretrievable loss of unique political, social, economic values, culture, traditions, and historical lessons the Filipino people reposed in an embodiment, of an enduring and stable contract.