GORDON: EFFORTS TO CHANGE THE CONSTITUTION VIA PEOPLE’S INITIATIVE ARE USELESS AT THIS TIME
In response to the concerted move to change the Constitution via people’s initiative through the Department of Interior and Local Government (DILG)-initiated barangay assemblies nationwide, Senator Richard J. Gordon stated that “efforts to change the Constitution via people’s initiative are useless at this time and are a waste of precious time and resources.”
Chairman of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws, Gordon said that “Congress has yet to provide for the implementation of the exercise of people’s initiative to propose amendments to the Constitution.” He added that “there is a need for an enabling law to be first enacted by Congress for the exercise of this right. Thus, those who want to propose amendments to the Constitution via people’s initiative must first go to Congress and get a law passed.”
Gordon explained that “in a previous attempt to propose an amendment lifting the term limits of all elective government officials, the Supreme Court has already declared that Republic Act No. 6735, The Initiative and Referendum Act, is inadequate to cover the system on initiative on amendments to the Constitution in Santiago vs. COMELEC, G.R. No. 127325, 27 March 1997. Since no law has yet been passed by Congress, the same situation holds true at present and any effort to change the Constitution via people’s initiative will only be futile.”
Referring to a people’s initiative form to change the Constitution which was circulated in Olongapo City with the following proposition: “Do you approve of the amendment of Articles VI and VII of the 1987 Constitution, changing the form of government from the present bicameral-presidential to a unicameral-parliamentary system of government, in order to achieve greater efficiency, simplicity and economy in government, and providing an Article XVIII as Transitory Provisions for the orderly shift from one system to another?” Gordon stated that “the proponents of this move are proposing not an amendment to, but practically a revision of the entire Constitution.”
Gordon added that “people’s initiative as a mode to change the Constitution only covers amendments to, not revision of, the Constitution. The power to propose any revision of the Constitution belongs only to Congress or a constitutional convention.”
Gordon stressed that “people’s initiative must be clearly specific on a particular amendment they wish to propose in the Constitution, one that leaves no room for doubt. Changing the form of government has too many details which the people cannot adequately propose through initiative. Article VI on Legislative Department of the Constitution has 32 sections, while Article VII on Executive Department has 23 sections. What portions of these two major articles of the Constitution do they want to change? What transitory provisions do they have in mind for the shift to a unicameral-parliamentary system of government?”
“This necessarily involves much debate which can only be threshed out in Congress or a constitutional convention as it entails a revision of, and not merely an amendment to, the Constitution,” Gordon said.
Gordon added that “the move to hastily change the Constitution is highly suspicious. It seems obvious that there are individuals out there who are deviously doing everything in their powers to have charter change under the pretext of a people’s initiative this time.”
“They continue to impose their will upon the people, despite a recent Pulse Asia survey showing that a majority of Filipinos oppose a shift to a parliamentary system of government (60%) and think it inappropriate to amend the Constitution now (55%),” said Gordon.
“The reasons speak for themselves: ‘Charter change is not the solution to the country’s many problems (24%); changing the form of government from presidential to parliamentary will not work if the politicians will not change (19%); charter change is just being used by the incumbent leadership to divert public attention from the current political crisis being faced by President Gloria Macapagal-Arroyo (17%); charter change is being pushed by some politicians only because they want to be the ones to lead the country (12%); there is no need for charter change at all (10%); the Philippines is not ready for a parliamentary government now (9%); and charter change is just being used to ensure the graceful exit of the President (7%)’,” cited Gordon.
Chairman of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws, Gordon said that “Congress has yet to provide for the implementation of the exercise of people’s initiative to propose amendments to the Constitution.” He added that “there is a need for an enabling law to be first enacted by Congress for the exercise of this right. Thus, those who want to propose amendments to the Constitution via people’s initiative must first go to Congress and get a law passed.”
Gordon explained that “in a previous attempt to propose an amendment lifting the term limits of all elective government officials, the Supreme Court has already declared that Republic Act No. 6735, The Initiative and Referendum Act, is inadequate to cover the system on initiative on amendments to the Constitution in Santiago vs. COMELEC, G.R. No. 127325, 27 March 1997. Since no law has yet been passed by Congress, the same situation holds true at present and any effort to change the Constitution via people’s initiative will only be futile.”
Referring to a people’s initiative form to change the Constitution which was circulated in Olongapo City with the following proposition: “Do you approve of the amendment of Articles VI and VII of the 1987 Constitution, changing the form of government from the present bicameral-presidential to a unicameral-parliamentary system of government, in order to achieve greater efficiency, simplicity and economy in government, and providing an Article XVIII as Transitory Provisions for the orderly shift from one system to another?” Gordon stated that “the proponents of this move are proposing not an amendment to, but practically a revision of the entire Constitution.”
Gordon added that “people’s initiative as a mode to change the Constitution only covers amendments to, not revision of, the Constitution. The power to propose any revision of the Constitution belongs only to Congress or a constitutional convention.”
Gordon stressed that “people’s initiative must be clearly specific on a particular amendment they wish to propose in the Constitution, one that leaves no room for doubt. Changing the form of government has too many details which the people cannot adequately propose through initiative. Article VI on Legislative Department of the Constitution has 32 sections, while Article VII on Executive Department has 23 sections. What portions of these two major articles of the Constitution do they want to change? What transitory provisions do they have in mind for the shift to a unicameral-parliamentary system of government?”
“This necessarily involves much debate which can only be threshed out in Congress or a constitutional convention as it entails a revision of, and not merely an amendment to, the Constitution,” Gordon said.
Gordon added that “the move to hastily change the Constitution is highly suspicious. It seems obvious that there are individuals out there who are deviously doing everything in their powers to have charter change under the pretext of a people’s initiative this time.”
“They continue to impose their will upon the people, despite a recent Pulse Asia survey showing that a majority of Filipinos oppose a shift to a parliamentary system of government (60%) and think it inappropriate to amend the Constitution now (55%),” said Gordon.
“The reasons speak for themselves: ‘Charter change is not the solution to the country’s many problems (24%); changing the form of government from presidential to parliamentary will not work if the politicians will not change (19%); charter change is just being used by the incumbent leadership to divert public attention from the current political crisis being faced by President Gloria Macapagal-Arroyo (17%); charter change is being pushed by some politicians only because they want to be the ones to lead the country (12%); there is no need for charter change at all (10%); the Philippines is not ready for a parliamentary government now (9%); and charter change is just being used to ensure the graceful exit of the President (7%)’,” cited Gordon.
posted by OlongapoCity Zambales at
7:06 AM
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