By Prof. Anna Malindog-Uy

 

The ongoing “People’s Initiative” (PI) that focuses on Charter Change has become a contentious, deeply polarizing, and consequential issue. It has now ripened and sown political discord that is driving a wedge between Senators and the members of the House of Representatives (HOR). It is even drilling friction within the HOR among those members who are against it primarily due to its potential to reshape the country’s constitution and profoundly impact the political landscape of the country.

Certainly, this PI has been met with stern opposition from every corner of Philippine society, including the Senate. But in all these, the most imperative question is why this PI is extremely politically polarizing and strongly opposed by many Filipinos, including Senators, Vice President Sara Duterte, and even President Ferdinand Marcos Jr is somewhat ambivalent about this initiative. Is this PI for “Chacha” the “silver bullet” to the complex socio-economic and political problems of the country?

Public and Political Reactions

Undeniably, the PI has sparked a range of reactions from various sectors of Philippine society and among the Filipino public. The contentious issues surrounding the ongoing People’s Initiative in the Philippines revolve around the method and implications of the proposed charter changes, concerns about the democratic process, and the broader political and constitutional context in which these changes are being proposed. The outcome of this initiative, if it pushes through and becomes effective, will definitely have a significant impact not just on the specific constitutional amendments in question but also on the future of democratic governance in the Philippines. In retrospect, the PI for Cha-cha is contentious and has broader implications for the democratic process, political power dynamics, and constitutional integrity of the country.

One of the strongest contentions against this initiative boils down to the concern of alleged misuse of social assistance programs to gather signatures and whether this initiative can adequately address complex constitutional issues. There’s also the concern about the danger of misinforming the public of the true intention of this initiative and whether it opens up the process to manipulation or superficial public understanding of the implications of the proposed constitutional change. Note that there are allegations of misinformation and bribery in the process of gathering the needed signatures. There have been allegations that voters were misinformed or bribed to sign the petition for the PI. If true, these practices undermine the legitimacy of the initiative and raise serious concerns about the integrity of the process. Hence, there’s a lot of question on the legitimacy of the signature campaign and the procedural aspects of the initiative, indicating that PI, as an exemplification of direct democracy in constitutional amendments, is being used irresponsibly by its proponents.

Furthermore, this PI could upset the balance of power in government and weaken the system of checks and balances precisely because one of the key proposed amendments is to change the way the Senate and the HOR vote on constitutional amendments – from voting separately to voting jointly. This is contentious because it significantly reduces the power of the Senate, given that the HOR has more members.

The initiative also raises questions about public participation in the democratic process. While PI is considered a direct democracy mechanism, which, in theory, gives citizens a more direct voice or hand in legislation, such a process fundamentally requires a well-informed electorate who can make informed decisions and robust public debate to ensure that decisions are made based on a comprehensive understanding of the issues at stake. However, substantial, in-depth, and extensive public debates and discussions on this matter seem significantly lacking.

Rationale

The “rai·son d’ê·tre” behind the need to change the 1987 Philippine Constitution, more particularly the lifting of foreign ownership restrictions as a primary area for an amendment to attract more foreign investors, thereby boosting the country’s economic growth and competitiveness in a globalized world is in many ways a rational proposition.  Nonetheless, the means to achieve such an end through a deceptive, abused, and contentious PI currently taking place in the country raises significant concerns. It not only presents a potential risk but also jeopardizes and threatens to undermine the very democratic foundations, principles, and integrity upon which the nation stands.

Any attempt to amend the 1987 Constitution through methods that lack democratic legitimacy and are shrouded in uncertainty about their true intentions is ultimately self-defeating, counterproductive, and superfluous.

While it may be true that a People’s Initiative may enhance the sense of legitimacy for constitutional amendments because they emerge from the will of the people, which could lead to greater public engagement and a sense of ownership over the political process, the quality of outcomes depends on the level of public awareness and understanding of the issues at stake, and this is significantly lacking in the PI currently taking place in the country. Hence, for any PI to be a truly effective and meaningful tool, it needs to be backed by a well-informed electorate who makes informed choices, especially on complex political issues such as constitutional change.   

Moreover, there’s a need to balance and manage the expectations that lifting economic provisions of the 1987 Constitution will solve the country’s socio-economic problems because that would be an exaggeration.

Amending the economic provisions of the existing constitution is more like a conduit and a vehicle toward change rather than a “magic wand” or a “silver bullet” that will solve all the ills

of the Philippine economy.

The socio-economic and political problems of the country are deeply rooted in the country’s history, culture, and existing institutional frameworks. They are typically intertwined with various factors such as education, healthcare, economic policy, and governance. Amending the economic provisions of the existing constitution could be just one approach among many needed to enact broad socio-economic changes in the country. Nevertheless, it is not a panacea for all socio-economic problems of the country, though it could be a tool that must be used judiciously and in conjunction with other reform measures to ensure that it contributes to the overall socio-economic development and political and democratic health of the Philippines.

Thus, the decision to amend economic provisions should be carefully studied, weighing the potential economic benefits against risks to national interests. Economic policies are most effective when tailored to the specific needs and capacities of the country. A blanket removal of all restrictions may not be as beneficial as a selective approach that opens up some sectors while protecting others.

It is also crucial to complement changes to the economic provisions with robust regulations that can safeguard the interests of local industries and the workforce. Any legislative change should be accompanied by measures to strengthen the competitiveness of local businesses, ensuring they can take advantage of increased FDI (foreign direct investment) rather than be overshadowed by it.

Conclusion

I have no doubt that there’s a need to change or amend the existing constitution, more fitting to the sense of time. However, amending or changing the constitution at this time, given the existing political establishments and the current political climate, might not be conducive to a fair, well-meaning, well-intentioned, and unbiased Chacha process.

Furthermore, I have no doubt that attracting FDI is a critical component of economic development for many countries like the Philippines, for it contributes to the establishment of more foreign-owned businesses, which can create jobs, stimulate economic growth, bring advanced technologies and practices that can enhance the productivity of the local workforce and lead to skill transfers, can increase competition in the local market, potentially leading to lower prices and improved product and service quality for consumers, potentially could lead to increased investment in the soft and hard infrastructure sectors, which is vital for economic growth, and could facilitate a more deeply and better integrated Philippines into the global economy, fostering more international trade and partnerships.

However, to do so successfully, the country should create a conducive environment for foreign investors, meaning there are some necessary domestic conditions that need to be in place to help attract FDI, and this includes a stable political environment with predictable policies and regulations, a transparent and robust legal framework that protects property rights, enforces contracts and provides a fair dispute resolution mechanism, a stable macroeconomic environment with low inflation, manageable fiscal deficits, and a stable currency exchange rate, which is attractive to foreign investors, provision of investment incentives such as tax breaks, preferential treatment, or special economic zones, adequate physical infrastructure, including transportation networks, energy supply, and telecommunications, a well-educated and skilled workforce is crucial as well for attracting investments in industries that require specialized talent, a streamlined and transparent regulatory process that minimizes bureaucracy and red tape, a strong intellectual property protection laws, and a transparent and corruption-free business environment, and many others.  

Hence, ultimately, the question of whether to remove the economic provisions is complex and requires a nuanced approach. It is not just about increasing and attracting FDI but ensuring that the necessary conditions to attract FDI are in place, and FDI will contribute to sustainable and inclusive economic growth without jeopardizing the strategic national interest of the country.

   

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