Inside Philippine politics & beyond

The REAL REASON for charter change

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Just my opinion

By Raïssa Robles

Finally, a lawmaker has spoken up about the real reason for charter change.

 

 

Cha-Cha - 1 - no more term limits Aug 4-16

With a Constituent Assembly, the changes that congressmen want would be speeded up.

No more term limits for all politicians.

Thank you Tina Panganiban Perez for capturing this.

Comments

  1. This was the plan all along. To perpetuate political dynasties into power. Huwag na tayong lumayo sa gawain ng ating Presidente. Tignan nyo na lang ang pamilya nila sa Davao. Ilang dekada na ang pamilya nila ang naka upo sa pagka Mayor or Vice Mayor. Hindi lang iyon, magkasabay pa either magkapatid or mag ama. Kinakatakutan natin ang pagbabalik ng mga Marcoses sa Malacanang. Pero mas malamang ang pagsismula ng Duterte dynasty. Mas malakas na ang poltical machinery nila ngayon dahil hawak na nila ang Kongreso, dati nasa kingdom lang nila sila sa Davao. Under a federal form of government, hindi impossible na laging may Duterte na naka upo. Make no mistake about it, we are officially under a Duterte dictatorship. And everything that is happening now follows the template of Ferdinand Marcos Sr. when he started to perpetuate his family into power. Extra judicial killings, suppression of press freedom, threatening the business sector, police brutality, ROTC, a new constitution, a coerced Congress, anti poor program in the guise of an all out war against drugs, the list goes on and on. Pansinin nyo ginagawa ni Rody Duterte ngayon. Nag iikot sa mga kampo ng mga military at police, and promising them to double their salaries. Because he knows they would be a threat to his rule if they are disgruntled.

    • Ang maganda ay mag tanong kayo sa mga Davawenyos,..Gusto ba nila si Duterte? or Hindi?…
      Yong Political Dynasty is a USELESS Bill…Ang majority ng mga tao ang dapat na mag dekta, hindi
      yong batas na ginawa lang ng iilan.

  2. Pinas, for a parliamentary form of gov’t. Customized to suit Philippines demography, based on historical and for social change.

    I would first wait for the written drafts or models that Congress (Representatives) has to offer.

    When presented for public study, scrutiny for feedbacks and comment, then let the debate begin. IF unresolved for a parliamentary model, then Senate (vis-a-vis bicameral) present 2 or 3 viable models for a plebiscite or referendum vote. Common between these models are constitutional laws, amendments and repeals to existing constitution. Difference is model but consistent with common laws for 2 or 3 models for Filipinos to vote and choose one.

    Con-ass or Con-con? Why not a Constitutional Committee (CC) made up of academic, qualified and experienced people. ‘Qualified’ members of Congress can have seats in the CC.

    The present Leaders of the House of Reps can just create a Schematics (e.g. outline), and leave the deliberations and formulations to the CC. The CC in turn set the model(s) with common laws for Congress (Cons & Sens, … vis-a-vis Bicameral Cmmtee) to finalize draft(s). Then present this for publication, for plebiscite to the Filipino people to vote on. Just my opinion.

  3. i’m all for removing term limits … as long as there will be a provision against political dynasty.
    right now there is term limits, but we are all just fooling ourselves.
    3 terms as congressman for the husband, while the wife or child or relative concurrently serves 3 terms as mayor, vice mayor, etc. after their 3 term limits, they just switch positions. naglolokohan lang tayo sa current set-up. if farinas or edcel lagman or baguilat or belmonte thinks they can serve well for 10 terms, then let them. but only THEM. don’t let their family members serve in other elected positions concurrently with them,

  4. Rudy Farinas is right that under the proposed Federal-Parliamentary form of government, any parliamentarian or his kin representing a region who keeps winning, will always be a member of the parliament, like bobong marcos of Region 1, and any parliamentarian can be voted upon by majority members as prime minister.

    But why is PDu30 so enamored with the French style of government? Is it because it was once ruled by the famous Napoleon Bonaparte who, like Hitler after him, almost succeeded in conquering mainland Europe if not for the forbidding Russian winter? Let us digest lengthily the presidential-parliamentary system in France.

    “The presidential-parliamentary system of the Fifth Republic carries over the institutions of the previous republics, incorporating elements of the conventional presidential system and parliamentary system. It features a President, responsible to the people, a cabinet called the Council of Ministers, a legislature, and a Prime Minister responsible to that legislature. The constitution of France endows the President with extensive powers, but makes clear that the Prime Minister is the head of government. Still, because of ambiguities in the constitution and a lack of clearly delineated responsibilities, the President can wield de facto authority over the legislature. This strong presidency, having numerous constitutional powers over the Assembly, is a product of de Gaulle’s vision for a decisive leader capable of ruling above party politics and protected from parliamentary interference. However, during times of ‘cohabitation, ‘when the President is not from the majority party in the National Assembly, it is the Prime Minister who is the important decision-maker. The drafters of the Fifth Republic’s constitution, building it around the enormously popular de Gaulle, did not anticipate the political circumstances which would lead to ‘cohabitation’ or foresee how it would impact the political system’s function.

    The constitution of the Fifth Republic makes a distinction in its wording between the head of state and head of government: It is the Prime Minister, not the President, who under Article 21 of the constitution “directs the action of government,” under Article 20 “shall determine and conduct the policy of the Nation,” and also “ensures the execution of laws,” and proposes constitutional amendments to the president.” He promotes and defends legislation in the National Assembly and before public opinion, counsels the president on policy, and presides over important interministerial committees. The Prime Minister’s government can legislate through decrees, ordinances, and regulations, and may ask the National Assembly to delegate power to issue decrees in areas normally under the legislatures jurisdiction. -x-x-x

    http://www.reallycoolblog.com/the-presidential-parliamentary-system-in-france/

  5. Remove term limits and totally scrap the anti-dynasty idea so that Duterte and his children will stay in power for a longer time if not forever.

    They are complaining that big chunk of budget goes to Metro Manila, but they fail to realize that the NCR is the biggest earner province in the country.

    Shifting to a federal system would only make the people of Metro Manila get more benefits from their own income.

  7. There’s no doubt that there are provisions of the Constitution that must be amended to conform with the changing times. But removing the term limit of the elected officials is a big NO, that will just strengthen the politicians hold to their political kingdoms. With the current politicians we have now, wherein a big percentage of them belong to political clans that had long dominate the political landscape of this country, Im afraid that the shift to Federalism will turn into a Feudal System. The problem of the Philippines is not so much on the type of government we have but in the implementation of the laws and the greed and corruption of those in power coupled with citizen’s lack of discipline to comply with basic laws and the seemingly acceptance of corruption as part of the system. Let’s remember what Edmund Burke had said, “All It Takes For Evil To Succeed IS For GOOD Man To Do Nothing. As the process of changing the Constitution wlll unfold before our very eyes, let us not sleep, let us all be vigilant para hindi tayo maisahan.

    • what maybe a good idea could spell disaster for the country if placed in the wrong hands; at first glance, i see the merits of a federal system, if a variety could be found that fits the Philippines. i do think however that the push for federalism would play into the hands of political dynasties, which have long been established as big stumbling blocks to the growth of the country.

  8. I’m convinced that there is a hidden and well orchestrated plan to perpetuate someone in power, not necessarily Duterte because he may not be up to the task due to his advance age and state of health. But he could very well be paving the landing strip for the arrival of that politically ambitious person.

    Before the elections, I wrote that a Duterte presidency is going to be bloody, and that among the group of persons who will be the first to cry (unang iiyak) in a Duterte administration are the youth who will be required to undergo mandatory ROTC training. While this move appears innocuous it reminds me of how Mao Tse Tung exploited China’s Red Guards to carry on and spread Mao’s bloody and destructive cultural revolution. I’m sensing a parallelism here.

  9. Oo nga naman,ang prime minister mananatili hanggang gusto ng member of parliament.
    So hanggang namatay si digong…..PM pa rin siya,dahil ang mga MPs na Hindi susuporta sa kanya,magiging coddler ng mga drug Lord’s.
    WHAT A PLAN..

  10. When Duterte said he didn’t want to be the president – well, he did.
    When he indicates he is not interested to be the prime minister, guess what..he is! Get the drift?

    Me thinks it is a perfect set up to do what he wishes…to stay in power, directly or indirectly–be it to keep it amongst his family (note how his daughter and son now hold power in Davao), or partner it up with the Marcoses or Arroyo. How long did he rule Davao and how has he groomed and set up his kids there in power? Would I be off to say that what he did/does in Davao, he wants to level it up?

    The 1987 constitution is the motherhood framework within which the country is governed. And, it allows great latitude to allow tweaks, to tailor provisions of relevant laws that impact the lives of Filipinos–to suit specific stages or phases of development, as appropriate. It allows us to be dynamic. For example: to change the revenue share for mining, change the mining law to 60:40 or 80:20–whatever. The same goes for the tax share. You don’t have to change the constitution. LGUs can collaborate amongst others and operate less dependent on the national government. That is already within the framework of the constitution.

    If the president needed another term (maximum 8 years!), Propose to amend it and let the people decide.

    Change to federal government is unnecessary expense, waste of time and resources. They are now focused and pre-occupied with federal shift, rather than exploring and doing legislations to improve the lives of Filipinos. It is a calibrated distraction catered by Duterte as he pursues his war on drug, a perfect propaganda tool to enhance and justify his image as a benevolent dictator–perfect to be the prime minister, to rule as long as he wishes. There is a grand design.

    Amendments can be made with what we have now. However, once we move to federalism, there is no turning back!!!

    Weigh the pros and cons: What system is more prone to allow the worst case scenarios like dictatorship or eventually total separation of various Philippine provinces/state?

    BIG QUESTIONS: Are members of congress and senate fully aware of the provisions of our constitution? Did they even read it?

    What is the Common denominator with congressmen and senators? Is it to stay in power till they wilt and drop dead.

    RED FLAG: When Duterte floated the idea of federalism, everybody jumped on the bandwagon in nanosecond. ALARMING! Are they afraid of Duterte and following him blindly or does it serve their personal interests as well–or both! Filipinos beware!

    I am still keeping an open mind. But, until Duterte and his sycophants provide strong valid arguments, no can do siree!

  11. Hello? The result of the amended constitution via ConCon or ConAss still has to be voted for by the people via plebiscite or referendum. Sa tingin mo ba papayag ang mga Pinoy sa walang term limits? This is just one of the old scare tactics brought up by anti-reform, anti-Change people who uphold the dysfunctional status quo at all costs. Do not let your anti-Duterte goggles color your vision. BTW eto baa yung Farinas na may epic video with Vivian Velez?

    • Farinas happens to be the majority whip. He is with the ruling party, whether or not he has an epic video with Vivian Velez. that is immaterial.

      YOur question indicates that Congress could well propose removing the term limits.

      As to your next question whether voters would go for it, why waste money in the first place if, as you say, voters won’t go for it.

      I’m not anti-change and anti-reform. In fact I want the BBL to be enacted into law. Now. I want a ban on political dynasties.

      I am not anti-Duterte. I am anti-ejk, which has become so much easier under his administration and which he was accused of even much earlier.

      If you read all my post on the Constitution since the time of Ramos, Estrada and Gloria Arroyo, you will see that I have been very, very consistent in my stance on the Constitution.

      Do NOT ever say I am for the status quo. The status quo has political dynasties. I want them banned. Banning political dynasties is more radical a move than changing to a federal parliamentary. I will explain why later.

      • Hello @charles
        Sa tingin mo ba papayag ang mga Pinoy sa walang term limits?
        YEEEEEEEESSSSS. Unfortunately!!!!
        We are not sophisticated voters. Where have you been? Marcos ruled for how long? Let’s look around. The spin doctors and propagandists live well in the Philippines.

        Scare tactics! May mga forewarning before tungkol sa pagdanak ng dugo, etc. Were they empty scare tactics?

        Duterte wants to France. WHY? Do we have the same or similar culture, geo-political and social make-up? Ano ba ang standing ng France. As of 2016, first quarter, their unemployment rate is 10+%! Many tagged their economy as rogue economy where workers tend to go more on strike then work.

        In 2016, they passed a new labour law bypassing their parliament –as allowed in their constitution.

        It is the same govt. that prohibited wearing of hijab in school, etc. It is the same govt/social system that ghettoized Muslims and other ethnic groups. It is the same system that is the perfect breeding ground for extremists.

        While we want to copy them, they are actually thinking of modifying their system.

        • algeria and morroco are also both francophile (lover of anything french, like digong) and also copied french system of govt. and ended up with disaster. many of their citizens are now terrorizing europe, the bombers and killers are mostly french speaking having lived and consumed anything french.

        • I guess that is a good way to learn French. Glamourizing French.
          Pimentel says it is the best but did not support his facts, the why’s.
          What is sad is that now they are automatically hopping into federalism mode with blinders on–not thinking of other possible option like, do we have to.

          I really want to know WHAT ARE WE TRYING TO ACHIEVE.

          Thanks for the info. I didn’t know about Morocco and Algeria.

    • people may not be fooled all the time but sometimes it happens – reason why scammers still exist to this day. all they have to do is to fool enough people. so it’s best not to give any one any chance to fool the people at all.

  12. Pres. Dutz said ‘anything against the Filipino people’ that is proposed in ConAss will not be okay with him.

    ‘Remove Term Limits’ pala? The ‘President has a term limit. . . eternal. ‘Vice-President’ has a term limit. . . not more than 2 successive terms.

    SC justices and other judges. . . age limit not more than 70 years of age. Other Cons’t Comm. members have term limits.

    Gov’t employees have term limits. . . limits up to 65 years of age. Military & Police have term limits -55 years old.

    For members of Congress not more than 3 terms with term limit-escape for one term and back again. Now, remove this as planned? Eternal no term limit as long as able to for standing.

    Under a federal form mixed with parliamentary concept, no limit as like all parliamentary forms of government. THIS IS THE EXCUSE planned for all under Congress/Parliamentary members and the ‘President’ and Prime Minister and Cabinet Members.

    The anti-dynasty provision in the 1987 Constitution will be REMOVED for sure. People will be saddled with dynasties, family or otherwise, all throughout the country.

    Oligarchy and/or Monarchial-like or mixed under a Republican form of government.

    About 286 or more lawmakers-DICTATORS to rule the country under a federal form of government.

    Que pasa?

    • What happens under ‘No Term Limit’ for members of the lawmakers under a federal form of government?

      First – even if BBL is passed for Muslim Mindanao, with the ill-effects of no term limits, the problem stays on and on.

      Second – from the ill-effects of complete dynasties, people will lose whatever rights they have which are not even working well under the present set up. In short, the Bill of Rights, if any remains, will be a farce.

      Third – a .01% of hope for a better government and good future of the people is what remains. Poverty and corruption will swallow-up the country to the maximum unbelievable that coups or revolution will be planned by those who opposes the situation.

      Fourth – the uncontrollable killing under the anti-crime drive now will be longer and much longer.

      And FIFTH – it will be an upheaval like a mountain sliding down to cover up a class room Ginsaugan in Southern Leyte years back – to be our grave yard.

      Oppose planned ConAss now. If Congress passes Cha-Cha under ConASS, vote NO.

      • “I said, ‘This is foolishness,’” Mr. Duterte said, adding that he would rather shut down Congress and arrest all its members if they would pursue new provisions in the Constitution that would not sit well with the people.

        The President then warned lawmakers: “Don’t fool the people. If you force it, I will close you down… I will treat you like drug addicts.”

        Let us hear/read, if Pres. Dutz is willing, to LIST DOWN first the ITEMS that he believes will SIT WELL with the people to be among the provisions for A CHANGE in the Cha-Cha which we want under a ConCon [it is SAFER. Never mind P50 billion expense KUNO. Exagerrated itong amoungt ! ] and not ConASS. We suggest the FOLLOWING ITEMS:

        1. Anti-Dynasty provision – to the extent that No Spouse, Children and Grandchildren, Kabit or in the collateral LINE of relationship whether by blood or affinity will be allowed to be ELECTED or Appointed to public office when one member of such family or ‘group’ is already in a public office.

        2. FOI provision – All covers public officials in the Three principal Departments of Government and their assistants and/or employees, including independent Commissions and Other Constitutional Officers and employees to the extent that any items related to form of corruption like briber, plunder or other illegal or immoral acts shall be subject of public information and scrutiny in all instances without need of any consent of the concerned public official.

        3. The rule of Double Jeopardy in criminal cases as presently existing shall not apply anymore in acquittals and the State shall be allowed to APPEAL or ask for REVEIW in any mode of procedure up to the last High Court. Make this retroactive or applicable to all cases still pending investigation or trial or on appeal at the time of the effectivity of this NEW RULE. In all instances of criminal cases against any public official there shall not be a a presumption of innocence in their favor. In all civil cases the rule on prima facie presumption applies for judgment in the absence of a contrary proof or evidence. Re-study the present Bill of Rights for inclusion as maybe good for the people.

        4. Congress or Parliament shall have exclusive power and jurisdiction to promulgate rules on the Rule on Evidence with the highest Court participating to make recommendations on Rules of Procedure with the approval of the lawmaking body. The composition of the High Court shall only be Nine (9) members including its presiding Judge and all decisions or resolutions shall be En Banc by the Court.

        5. Remove the Party List system or representation.

        6. Provide an easy and simple Initiation by the people to enact laws for every limited periods.

        7. All Regions or territorial local autonomous government bodies other than Congress or Parliament shall be allowed only to enact ordinances subject to approval by Congress or Parliament.

        8. The State or any local autonomous body including its officials and employees shall not be exempt from civil suit , discarding the Regalian Doctrine.

        9. Term Limit for Congress or Parliament member elected public official – A term of only Four (4) years without any re-election.

        10. [Re-configure all OTHER powers of lawmaking, like power to declare Martial Law, to declare war or suspending the privilege of the suspension of the Writ of Habeas Corpus,allowing amending certain constitutional provisions by not more than two (2) at a time. And no change of federal or unitary form of government or the whole constitution shall be allowed henceforth except by a constitutional convention.

        The Ten (10) suggestions above can be submitted by Pres. Duterte through a ConCon who may propose other items and let the people decide by referendum.

        Please add some more CPMers !

        See a Link below

        • ‘ If you force it, I will close you down… I will treat you like drug addicts.”

          . . . waiting to hear if he adds: ‘I.W.K.Y.’

          he he he

        • @leona

          It looks like DU30 is telegraphing his punches, testing the public’s reaction with the end view of having a military state (martial law?)

          Look at what he has said and done
          1. Will shut Congress and arrest all members if ConAss come up with a Constitution that would not sit well with the people
          2. Would seek emergency powers for the Metro traffic woes, but why would stop from expanding and declaring a national emergency like the drug menace, extra judicial killings, failed peace talk with see-soon and the West Philippine Sea issue.
          3. Jokes about coup d’etat, but going around military camps wooing their support by promising state of the art armaments and medical facilities plus pay hikes

          Maybe more punches will come.

          Just being skeptical.

        • Yes, it is alright to have that reason for being skeptical.

          He’s so far enjoying going around and issuing orders, etc.. So far we will have to see the effects later on after a couple of months.

          Good results to be around soon or else?

        • @leona, those are really good provisions that we need to adjust. If I may add the 60-40 in terms of foreigners owning a business in the Philippines except in public utilities or any industry that is part of national security of the nation. Foreigners should be able to buy a piece of land for residential purposes if not allowed yet. More on economic provisions. Make it easier to invest in the Philippines with one-stop shop.

  13. Changing the Fundamental Law of the land deserves nothing less. We should put it in the hands of the – at the very least – people without apparent conflict of interest. Costs for change (in terms of money not of lives) should be out of the equation if the it is the best the we want for this country. Unless we want these politicians have it their ways, we should go for Constituent Convention. No way to Constituent Assembly.

  15. I am not amenable with removing term limits. Kasi ang paniwala ko eh mas maraming politician ang mga greedy sa power kaysa sa mga honest to serve the people. Kung walang term limits gagawin lalo nila na business ang politics. Kahit nga may term limits, ginagawa naman nilang family business ang politics. Example ang mga Binay sa Makati, ngayon ang yaman-yaman nila. Ginamit nila ang mahihirap to enrich themselves. Kung walang term limits lalong kawawa ang mga ordinaryong tao lalo na ang mahihirap. Paano na maaalis ngayon sa puwesto ang mga ganid na politiko. Sana ang bawat isa ay mapagmanman kung ano ang mga changes na gagawin sa ating constituion.