A Primer Statement on the Current Move of Congress on Charter Change

Prepared by Kilusan para sa Pambansang Demokrasya- Cebu
Education and Prop Committee

Before the 14th session of Congress ended last June 3, 2009, the House of Representatives has done it again and has deliberately affirmed doubts from the people that indeed they are not the bearer of the Filipino people’s interests in the passage of H.R. 1109 (Convening Congress into a Constituent Assembly through Joint Voting). This means that time will not be a question to call the Constituent Assembly or Con-Ass to get the Charter Change train rolling.

There is more in the current attempt for Charter Change other than the controversial term extension; its ultimate objective is to scrap out the remaining nationalist and patriotic provisions of the 1987 Philippine Constitution. This however is why this primer is released to shed light to the issue of Charter Change.

At this juncture, the question lies should the people dare resist again or by now, shall the proponents of the chacha train will breakthrough its rolling.

1. Why does the GMA government never give up Charter Change and thus become a yearly political issue?

The membership of the Phil. Republic to the WTO is the gateway why attempts of changing the Constitution never faded. Under the global neo-liberal paradigm , the 1987 Constitution has become obsolete. This is also why other than GMA, The former presidents also strongly pursued the CHACHA track (FVR, ERAP).
Now under GMA, it will serve more than that, it shall prop up to its self serving objective of achieving “political bearing”.


2. What are the current moves of Changing the Constitution?

Under the current 14th Congress, there had been 30 resolutions (30) all are about Charter Change – seven (7) bills, nine (9) concurrent resolutions, two (2) joint resolutions, & twelve (12) house resolutions. Twenty-one (21) of these calls upon the Constituional Convention, con-ass or people’s initiative to push through Chacha. The ff. are the ones heard in Congress

1.) House Resolution 737 na inihain ni Speaker Prospero Nograles (Lakas-CMD, Davao) na naglalayong baguhin ang ilang pang-ekonomikong probisyon na nilalaman ng Article 12 – “Proposing amendments to Sections 2 and 3, Article XII of the Constitution, allowing the acquisition by foreign corporations and associations and the transfer of conveyance thereto of alienable public lands and private lands”;

2.) House Resolution 1109 ni Camarines Sur Rep. Luis Villafuerte (at presidente ng KAMPI, ang partido pulitikal ni GMA), “Convening Congress into a Constituent Assembly through joint voting”;

3.) House Resolution 739 ni Sorsogon Rep. Jose Solis (KAMPI), “Convening Congress into a Constituent Assembly for the purpose of revising the Constitution to establish a federal system of government”;

4.) House Resolution 769 ni Camiguin Rep. Pedro Romualdo (Lakas), “Providing for specific amendments and revision to the 1987 Constitution”;

5.) House Resolution 819 ni Tawi-tawi Rep. Nur G. Jaafar (Lakas-CMD), “Convening a joint session of Congress to revise the Constitution”;

6.) House Resolution 858 ni Rep. Rene Velarde (BUHAY), “Calling for a Constitutional Convention to propose amendments to, or revision of, the Constitution of the Philippines”

In the senate, the proposed resolutions all called for Concon and all is track to pursue Chacha beyond 2010 election – Senate Bill 2923 of Sen. Manuel Roxas II, SB 819 of Sen. Benigno Aquino III, and another SB proposed by Sen. Rodolfo Biazon.


3. What are the proposed amendments to the 1987 Constitution?

Amidst imperfections of the 1987 Philippine Constitution, there are formal recognitions of the people’s democratic rights and civil liberties and formally recognizes the priority of Filipinos in some areas of the economy.

Article 3 (Bill of Rights) & Article 12 (National Patrimony and Economy) situates provisions prohibiting the entry of foreign military troops and nuclear weapon in the Philippine territory.

Particularly the ff are the proposed amendments:

Under Article XII

• 100% foreign ownership to corporations and intensifying private/foreign ownership including the public utilities (energy, water, education and media) mining, telecommunication.
• Foreign ownership on land
• Eliminating protection of “unfair competition and trade practices” to the Filipino entrepreneurs
• Eliminating provisions from the Labor Code and further intensifying labor-only contracting and contractualization
• Eliminating protection for local production of goods and services submitting to the unregulated inflow of foreign goods and services.

Under Art. II Declaration of State Policies, Art. III Bill of Rights

In 2007, R.A. 9372 Human Security Act had been successfully approved amidst opposition of it being unnecessary and unconstitutional; nevertheless there are other pending bills intensifying US Military Presence in the Country.

Particularly, Art. III Bill of Rights Sec. 4 is proposed to add the phrase “responsible exercise”


4. What can we, as nationalist and patriotic Filipino people do?

Every year, the people have been vigilant against any attempt to change the Constitution. And in every year the people have always proven that mandate indeed emanates from them, in fact our history amply shows. Let us then show that we don’t merely accept injustice and deception; on the contrary, we stand by the truth and justice.


5. What are other efforts against the Charter Change?

Locally, there is an alliance initiated by various civil society groups, people’s organizations including concern citizens from the church, academe: the SUPAK CHACHA (Sugbuanong Pagpakabana Kontra sa ChaCha ni Gloria) is a committed alliance against the HR 1109.

Nationally, SUPAK ChaCha coordinates with TINDIGNATION, a national, broader, anti-H.R. 1109 Coalition