Fancying on CHARTER CHANGE

By: Ivy Leomen B. Codilla

Published by KAYLAP-Official Publication of the Catholic Community-Mindanao State University,Marawi city, October-December 1997

"The inn that shelters for the night is not the journey's end; the Constitution like any living law, must move with the moving society it is supposed to govern. A law that has ceased to grow has cease to be, and this is true especially of the supreme and fundamental law" (I. Cruz, Philippine Political Law.

Legally speaking, the Constitution must also be guarded against capricious change dictated by illegitimate needs i.e. by the passing fancies, temporary passions on occasional infatuation tampered to suit political expediency, personal ambitions or ill-advised agitation for change. Expediency must not be allowed to sap the strength of the Constitution nor greed for power debase its rectitude for it is the basic and the paramount law of the land (Ibid).

Pro charter change took an obvious stand since they're directly benefited by the proposed change by removing the term limits and extending all incumbent elected public officials. This is a clear self-serving motive as well as a driven dynamic of self absuolutizing power. These create a crisis that would divide the nation and distract as from pressing basic national concerns.

Those who proposed "peoples initiative", getting signatures to overturn the Constitution to a bad law, failed to foresee the danger in politics. They thought that cha-cha would lead to genuine and sustainable development. Contrary to that, it would only expose ourselves to a new horror.

However, the sharter change is to institutionalize globalization. This globalization process would mean the continuity of the policies of deregulation, privatization, liberalization and peso devaluation. In conformity with the program of Philippine 2000 that doesn't give the country's development.

The proposed constitutional change is to eliminate the remaining provision of the 1987 Constitution that protected the nations economy and pattimony. Thereby charter-change has been viewed as an attack of civil and political rights of the Filipino masses.

While it is true that the Constitution needs improvement it shouldn't be done at this moment when the 1998 election is just around the corner.

Under this scheme, the paper presents a serious objection raised on cha-cha. The constitution must be guarded from capricious change which is not dictated by the legitimate needs but only by passing fancies temporary passion or occassional infatuation of the people with ideas and personalities. Hence, people should remain vigilant to any machinations against the Constitution.