PHILCONSA ON ITS 51ST ANNIVERSARY
By FIDEL V. RAMOS, Former Philippine President
SINCE 1961, the Philippine Constitutional Association has been our guard of honor “to defend, protect, and preserve the Constitution and promote its growth and flowering...”
During Philconsa’s first half-century, the Charter it safeguards survived 13 years of authoritarian rule; two “people power” revolutions; nine coup attempts; two rebellions – one separatist, the other ideological; and several bitterly disputed elections.
Philconsa has come through all these with its guardians steadfast in their mission.
Since the 1935 Charter, Filipinos have been consistent in their choice of the fundamental values, principles, and “best practices” that should govern the Philippine State. And, our constitutional history proves that our freedom-loving people themselves are the vanguards against authoritarian rule.
Successive administrations have learned that conciliating opposing opinions and interests – isn’t a hindrance to effective governance – but is essential to gain consensus on important national issues.
This is why our Charter has served us so well and long; it has kept our political community together – even during periods of grave political schisms – because it is founded on the rock of people’s support.
Every Philippine Constitution attracts popular devotion. Since the Commonwealth period of self-government in 1935, we have had only four Charters – one imposed under martial law. By comparison, Thailand, our ASEAN partner, has had 17 different Charters since becoming a constitutional monarchy in 1932.
The Constitution: An Extraordinary Document
That a Constitution is an extraordinary document is among democracy’s basic beliefs – and justifiably so.
All other laws regulate people’s conduct, and their relations to one another and to the State. But, a Constitution is the law that creates and regulates government itself.
This is why the democratic ethic warns against any capricious tinkering with the Constitution. But, we are also cautioned by other sources that a Constitution is not engraved in stone.
If leaders are not to tinker with our fundamental law, neither should they allow the Charter to become a legal strait-jacket – preventing our people from progressing in the 21st century.
Our 1987 Charter is now 25 years old and certainly mature enough to withstand reexamination and reform.
Modernizing The Nation By Modernizing Our Charter
So, we say ‘Yes’ to Charter change – but insist that we be clear and specific about changes to be made. We should reform our Charter to enable our people to move competitively in the 21st century.
The pace of change in today’s world has speeded considerably. Globalization is recasting social, economic, political, and cultural relationships among individuals, countries, and regions. Emerging are new concepts of the “good society” – about which we must immediately innovate.
We need structural changes that will consolidate our democracy, modernize our economy, and redefine our citizenry’s obligations in building the nation. Philippine democracy must work for all our people.
Filipinos today enjoy greater political freedom than others – but not the minimum economic entitlements that would enable them to enjoy benefits as stakeholders in our better future.
Transformational Leadership Can Change The Nation
Politically, we Filipinos still have a classic weak state: unable to enforce all its writs; or control official corruption; or guarantee basic civil liberties for the poor. Economically, our vigorous neighbors are leaving us farther behind.
Culturally and socially, we Filipinos are dividing into two nations: one, a nation of the few who are rich – the other, a nation of the many who are poor.
Too often, cultural problems merely reflect structural defects in our political and economic institutions. But, by changing the rules, transformational leadership can change national society for the better.
Recall how, in 1995, FVR’s Administration broke up the long-standing PLDT monopoly and modernized our telecommunications system – by issuing two Executive Orders.
Over these last 17 years, that bold decision generated a host of modern industries, tripled our export growth, opened jobs for millions of young people, and brought Filipinos into the Internet, Facebook, Twitter, and Google ‘pop’ culture.
That PLDT reform was a textbook model of how transformational the Philippine Presidency can be – given a Chief Executive with requisite political will.
Nedeed Constitutional Amendments
Our political system has changed little from Spanish days. Since colonial times, prominent/wealthy families have controlled much of Philippine politics – except for rare periods of progress. From those earlier days, political dynasties emerged and dominate today.
We should dismantle protectionist provisions that hinder entry into our country of foreign capital and technology. These reflect inward-looking policies against globalization realities.
Our electoral system we should raise beyond the reach of political/economic dysnasties.
We also support amendments to “meritocratize” the Civil Service. Right now, appointments to high bureaucratic positions become rewards of the political “spoils system.”
KAYA NATIN ITO!!!
Dynasties, Oligarchies, And Despots
Article II, Section 26, of the 1987 Constitution provides: “The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.”
Many have called for Congress to pass an “Anti-Dynasty Law,” but numerous bills of this nature have all died in Congress. Scholars and think-tanks have pointed out that political dysnasties, oligarchies, and despots are the root cause of the corruption not only in government, but in national society itself.
This senior elder/old hand in governance believes political dynasties are the root cause likewise of crimes of warlordism and impunity, plus sordid practices of “balimbingan” (turncoatism). Add to all that: The unlevel playing field of enterprise that enables the powerful to manipulate public policy in favor of private gain.
Our solution to this long-standing Congressional failure and Constitutional defect is to put the definition of “political dynasty” and “turncoatism” in the language of the Charter itself.
This requirement should challenge our lawmakers and Constitutional scholars to craft such amendatory language, and then successfully steer these few amendments through the Congressional labyrinth until approved by the President.
Reforming Our Political Party System
We should use Charter change to modernize our political parties – to make them more efficient channels of public funds and effective agencies of representative government.
It has been correctly observed that because Philippine parties don’t have distinct, strategic programs or generational platforms, policy-making in Congress and the Presidency sometimes becomes a matter of deal-making.
This opens policy-formulation and lawmaking processes to the pernicious practices of pasalubong/pabaon (bribery), corruption, and cronyism.
We should encourage party consolidation – because representative democracy can’t work without the visionary pilot-compass of independent parties.
In the mistaken effort to guarantee a “free and open party system,” the 1987 Charter destroyed the relative stability imposed by the alternation in power of the Nacionalistas and the Liberals in post-independence politics. Their electoral contests over 30 years could have produced a true two-party system – with the NPs and LPs differentiating ideologically, with local factions becoming party chapters. But, authoritarian rule suspended this democratic evolution – which the 1987 Constitution further derailed.
At last count, the Comelec listed 162 fully separate “political parties.” Right now, we have no political grouping strong or unified enough to strategize coherently about our national interests, and pursue our common vision of enduring peace and sustainable development.
Fast-Tracking Our Way To Modernity
Today, our greatest need is a Constitution that will respond adequately to our people’s 21st century needs as we strive to fast-track modernization.
The kind of democracy we Filipinos have known – for the better part of the 114 years of independent nationhood – has emphasized the individual over the community; private gain over public good; and civic rights over civic duties. But, in truth, the concept of civic duty is the core of the historical tradition of democracy everywhere.
We must practice the self-discipline that is part of every citizen’s duty and the core of the democratic ethic.
We must accept that democratic government can’t do everything by itself: it needs constant, consistent support and nourishment from the people.
Unity, Solidarity, And Teamwork
We must begin to realize that the most beneficial and sturdiest kind of representative system is that which citizens win for themselves.
The question now is: can we do it? Yes, we can – if we adopt “best practices” under the basic principles of Unity, Solidarity and Teamwork.
First, “Unity of Purpose.” We should agree on one common vision of a better future for all Filipinos, and a higher place of respect in the community of nations – which means that all our actions henceforth must lead to their achievement.
Second, “Solidarity in Values.” We should daily embrace “Love of God, Country, People and the Environment” – and other Filipino virtues that emanate from the universal covenant on human rights, and the rule of law.
AND THIRD, “TEAMWORK IN NATION-BUILDING.” WE MUST TRANSLATE OUR UNITY AND SOLIDARITY INTO ACTION – MEANING THE ABILITY OF PEOPLE, OF COMMUNITY, OF GOVERNMENT, OF THE NATION TO WORK TOGETHER AS ONE TEAM TO ACHIEVE A BRIGTHER FUTURE FOR ALL.
KAYA NATIN ITO!!!
Please send any comments to fvr@rpdev.org. Copies of articles are available at www.rpdev.org.
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