January 30, 2009

Democracy Forum Questions Need for Charter Change

Dr. Wilfredo Villacorta addresses the forum. Left to right: Dr. Neric Acosta, Atty. Chito Gascon, Atty. Marcial Magsino, Former Sen. Franklin Drilon, Mr. Siegfried Herzog and Rep. Jun Abaya.

In light of the administration's continued proposal to amend the constitution, the National Institute for Policy Studies (NIPS), with the support of the Friedrich Naumann Foundation for Liberty (FNF), held a democracy forum on 30 January 2009 in Manila to study the issue. “Would changing the charter bring change or would it be more of the same?” was the question the forum tried to address.

Liberal Party of the Philippines (LP) president and 1987 constitutional commissioner, Atty. Jose Luis Martin “Chito” Gascon started off the discussion by explaining that liberals do not oppose change. In fact, they are always at the forefront proposing reforms. However they study proposals from the fundamental perspective of whether it will really benefit people.

He agrees that perhaps it is time to revisit the present constitution as it is the longest serving Philippine charter without any amendments. But he cautions that this is not the time as present initiatives look to benefit those currently in power.

Atty. Marcial Magsino, governor for the greater Manila area of the Integrated Bar of the Philippines, also shared the same sentiments. He questioned whether the president’s interest in changing the constitution is indeed for economic provisions or simply to hide her motive to extend her immunity beyond her office.

Dr. Wilfrido Villacorta, 1987 constitutional commissioner, closed the discussion by repeating the forum’s sense that charter change now would strengthen the status quo. He stressed again that it should be done at the proper time. He cautioned people to remember how the last constitutional convention legitimized Marcos’ dictatorship.

“Liberalism as a political philosophy has its roots in the fight for constitutions to protect people from the arbitrariness of kings and queens,” said Siegfried Herzog, FNF resident representative. “Effective governance therefore is not among the overriding functions. Limiting power and protecting individual liberty take precedence. These by nature impose constraints on governance,” he added.