Why—or why not—Cha-cha?

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Cha-cha, or Charter change, has always been a controversial subject. A survey conducted in mid-2018 revealed that majority of Filipinos were against amending the Constitution, and this unpopularity

may have historical underpinnings. Many Filipinos still recall how former President Ferdinand Marcos passed the 1973 Constitution through a haphazard process that what was widely viewed as an attempt to prolong his stay in power. This move gained even more notoriety as the Supreme Court upheld the document’s validity in the landmark case of Javellana vs Executive Secretary.

However, barring factors such as its suspect timing and unclear process, Cha-cha as a political exercise deserves objective consideration. While the 1987 Constitution has served the country well, it is far from perfect. To begin with, there are many controversial provisions in the Constitution that barely made it to the final text. To illustrate, the choice of a bicameral Congress instead of a unicameral one prevailed in the constitutional committee by only a single vote.

Nevertheless, there is a reason why certain industries are prioritized in our Constitution: They play key roles in national economy and security. In recent years, for example, foreign offshore gaming operators have flocked to the metropolis, outbidding Filipino buyers in condominium offers. It is not difficult to imagine the same group in a shopping spree with land developers once foreign ownership restrictions are relaxed.

Congress could also choose to define political dynasties in the Party List System Act, to break up the tight grip of political families on party list seats. This is what the law on the Sangguniang Kabataan Reform Act did, paving the way for the operationalization of the Constitution’s antidynasty provision.

 

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