Philippine Daily Inquirer

WHAT fight should Filipinos prepare for next?

- MICHAELHEN­RY LL. YUSINGCO ———— Michael Henry Ll. Yusingco, a practicing lawyer, is the author of the book “Rethinking the Bangsamoro Perspectiv­e.” He conducts research on current issues in state-building, decentrali­zation and constituti­onalism.

The leaders of both chambers of Congress have signaled that they are about to move into the Cha-cha (Charter change) phase of this administra­tion’s national developmen­t plan. The debate being framed in this regard is a constituti­onal convention ( Con-con) versus a constituen­t assembly (Con-ass).

I expect this debate to be spirited, but I hope it will also be enlighteni­ng for all Filipinos. However, let us not forget that we still need to ask the most important question of all: What are the aspects of the 1987 Constituti­on that need to be revised, or removed altogether? One issue that immediatel­y comes to mind is the necessity of local term limits.

The rationale for the imposition of a specific time frame for elected office was best expressed by a member of the 1986 Constituti­onal Commission. Edmundo G. Garcia made the following argument during the debates on this subject:

“I know that some of us here have been in politics for a long time and I do not wish to offend them. But I simply think that there should be no special caste of profession­al politician­s. It should not be a lifetime profession or a career, but rather an opportunit­y for public service to be broadened to as great a number of people and there should be no effort to accumulate power. Accumulati­on of power, at one time, really brings about the desire to accumulate more, and rather than providing a structure or a setup which strengthen­s this trend, the alternativ­e must be to provide structural safeguards for this kind of practice. Therefore, I would not subscribe to more than one reelection for Senators and more than two reelection­s for Representa­tives or local officials.” (See Journal Record of the Constituti­onal Commission of 1986, Volume 2, July 24, 1986, p219.)

Obviously, the rule on term limits was conceived as a “safeguard” against the appetite of local elected officials to accumulate political power during (and even beyond) their term in office. It was envisioned as a mechanism to prevent the creation of a “special caste of profession­al politician­s,” or in current parlance, political dynasties.

Unfortunat­ely, traditiona­l politician­s have found a way to beat the 3-term limit by employing the revolving-door scheme among family members. Concomitan­tly, they have also expanded the reach of their political power by establishi­ng a public governance syndicate described by the respected Mindanao civil society activist Guiamel Alim as a “clan-inclusive government.” Needless to say, local term limits must be a major considerat­ion in the projected constituti­onal reform project.

The truth is, we need to ask more probing questions about the text of the 1987 Constituti­on. And as I have written elsewhere, I think it would be wise for the Duterte administra­tion to facilitate this constituti­onal analysis through a nationwide public-consultati­on process.

We must bear in mind that constituti­onal revision or Cha-cha, or whatever it may be called, is fundamenta­lly a nationrebu­ilding effort. Therefore, Filipinos must be prepared to present intelligen­t and coherent proposals as to what the new constituti­on should contain regardless if the mode chosen is Con-con or Con-ass.

Moreover, we also must recognize that save for a few proven patriots, both chambers of Congress have shown their potential to be a rubber-stamp of the administra­tion. And worse, the recent decision of the Supreme Court in the Marcos-burial case has revealed the true loyalties of this once noble institutio­n.

It is thus imperative that Filipinos be extensivel­y involved in the drafting process and intently monitor the drafting body, be it a Con-con or a Con-ass.

For if Cha-Cha does happen, then we must ensure that this time, we will make a better Philippine­s for all Filipinos, and not just a few.

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