March 21, 2006
Mark marks amendments to charter
by RHEE Fer HORTALEZA
URDANETA CITY, Pangasinan - Emphasizing that the present Philippine Constitution was written by an appointed group in 1987 and not by duly elected people like the 1935 and 1973 Constitutions, 5th District Rep. Mark O. Cojuangco said he strongly believes that the charter being used by the country now should be amended.
“My question is this: If the people empowered at that time (1987) were not satisfied with the 1973 Constitution as they thought it was ’supplied’, then why did they not adopt its renewing Amendment No. 6, which was transitory provisions provided by then President Ferdinand E. Marcos which gave him power to legislate together with the assembly?” asked Cojuangco.
The congressman’s remarks were uttered during a charter change consultative meeting held recently at the Urdaneta City Cultural and Sports Center here. The consultative body was headed by three of its commissioners, namely Atty. Raul L. Lambino, Liberator P. Laus and Romela M. Bengzon.
Cojuangco said the 1973 Constitution was written by duly elected members of the constitutional convention which was actually headed then by no less than former President Diosdado Macapagal, father of President Gloria Macapagal Arroyo.
“If that 1973 charter was not good enough for the selected group in 1987, then why did they not just return to or refer everything to the earlier 1935 Constitution, which was likewise formed by duly elected members?” he further asked.
The consultative meeting was attended by League of Municipalities of the Philippines President Ramon N. Guico, Jr., Dagupan City Mayor Benjamin S. Lim, Urdaneta City Mayor Amadeo R. Perez, Jr., Vice Governor Oscar B. Lambino, Sangguniang Panlalawigan Member Danilo C. Uy and their constituents and other interested parties.
On the issue of a constituent assembly working on charter change, Cojuangco admitted that some people have been utilizing the line that a constitution amended by such an assembly would be ’self-serving’.
“But isn’t it better that we as members of Congress and elected by the people in genuine elections should work on it, rather than have Constitution that was written by members who were merely appointed by just one individual? That is a question that everyone should judge for himself!” said the 5th district solon.
Delving on the reasons why he believes that the present charter is no longer responsive to the times, he said the biggest reason is political gridlock, especially on the matter of having two legislative bodies like the House of the Senate and the Representatives.
“Can you just imagine what happens if a barangay has two barangay councils? Who will the barangay captain follow? This is also true if a city has two Sangguniang Panlungsods and a town has two Sangguniang Bayans. The legislative process becomes so polluted and - more often than not - no decisions are made as to what policy the government should follow.
Cojuangco said there is supposed to be a concept of check and balance but it appears that the framers of the constitution did not anticipate that there is instead a concept of mate and checkmate in twin legislative bodies. He pointed out that he thinks the framers must have wanted a concept of accountability and not of finger-pointing. He said the problem is that it takes quit sometime for the legislature to get feedbacks as to whether what they are doing or what they did is right or wrong.
“Now, if they think they erred in what action, they think of how to straighten it all through legislation anew. Now it is in here where the time frame becomes so long before the legislative body can eventually find out what is the correct move. It takes too long and they get lost in all the debates and all the finger-pointing that inevitably follows,” the legislator said.
Cojuangco expressed belief that the people should be the ultimate judge on this matter.
“And the peolpe can do the judging of what is correct or not by voting or not voting for their legislators according to the performance of these lawmakers,” he averred.
He said there are several other aspects of the Constitution that need amendments. He expressed hope that the commissioners of the consultative body can see through these matters keenly.
