y mid-afternoon yesterday, October 25,
the news was out that the Philippine Supreme Court had voted against
the
charter change petition of
Sigaw Ng Bayan
and the
Union of Local
Authorities of the Philippines (ULAP).
In a split vote of eight to
seven, with Chief Justice Artemio Panganiban casting the deciding vote,
the high court slammed the door on the "initiative" method for
amending the Philippine Constitution.
The close eight to seven vote
highlighted the strong arguments on both sides of the issue and helped
buoy the spirits of the losing camp who will file a motion for reconsideration.
But even as Sigaw Ng Bayan and ULAP
ask the court to reconsider, the strategy of Charter Change proponents has shifted
to "Plan B." This is where congress convenes as a Constituent Assembly and
changes the constitution to create a unicameral, parliamentary form
of government.
The basis
for "Plan B" lies in the
wording of the 1987 constitution itself.
By intent, or--most likely--by
oversight, the framers of Cory Aquino's hastily cobbled constitution
states only that a "three-fourths vote of all the members of Congress" is
all that is needed to amend the constitution. This in effect means that
if the lower house by itself can get 195 of its members to sign on to a
Charter Change resolution, they will not need even a single
senator's vote.
The vast majority of senators, are
naturally opposed to charter change and the shift to a parliamentary form
of government as this would mean the abolition of the Senate.
As one local pundit put it: "expect the senators to fight tooth and nail
to save their sorry behinds."
But the groundswell of change for
scrapping the current form of government grows stronger with each
passing day.
Admittedly, there are a few Filipinos who
still
believe that an
American-style bi-cameral system should work in the Philippines...well,
it hasn't! Both the process and the people different. What we need is a form of government that
works best for the Filipino people, not just a "copy-cat" facsimile of
the American model.