Collective position paper on Transitory Provisions

(The following statement was issued by 22 members of the Consultative Commission who disagreed on the recommendation to scrap the 2007 elections and extend the term of elective officials to 2010. Almost all of the signatories were present during the presentation by Concom Chair Jose Abueva to Gloria Arroyo of their recommendations in Malacañang last Friday. The seven who signed the dissenting opinion are not among the signatories here.)

Respectfully submitted to:
Chairman Jose V. Abueva

THE position being taken by certain members of this Consultative Commission, specifically Sections 7 and 8 of the Transitory Provision, proposing in effect the cancellation of the May 2007 election is a position that will not be accepted to our people.

It could be construed as an attempt to entice our national and local officials to push for the passage of the revised constitution, in a myopic view that all our officials are only desirous of ensuring their political tenure. Such a propositions is not only an insult to our public officials but more importantly it is an affront on our people’s intelligence.

The political reality of the times cannot and will not allow this attempt to protect the tenure of public officials. If genuine change and new hope are what we seen for the good of our nation, then it is but fitting and proper that a ll must genuinely work towards creating and establishing a system and form of government that is based on the principles of fairness and justice.

It is therefore imperative that these sections of the transitory provisions must be rejected are stricken out, otherwise the members of this Commission will be judged by history as the group of men and women who had no vision now the capacity to voice out the true concern of the people. It was as if we never consulted our people and just came up with these provisions.

While we may respect the term of the national elected officials is not basis in law to include the public officials whose terms collectively expire on June 2007. It is therefore recommended that an election be held on May 2007 for all public officials except the President , Vice-President and the twelve (12) senators whose term expires on 2010.

The President may continue to exercise the powers of the president under the 1967 Constitution while the VP and the 12 senators shall become automatic Members of the Parliament until 2010.

It is imperative that elections be held on May 2007 in order to put into motion the perceived cure to our national woes. It has been said that the nation’s problems have been caused by a system of government that does not suit the temperament and culture of our people. Now that we are given an opportunity to change the system and shift to a parliamentary form, the same is being jeopardized by the inclusion of this controversial provision by cancelling the May 2007 elections. Our people will never accept this proposition.

More so, the 1987 Constitution to which we are recommending revisions of curtain sections prohibits the persons making revisions from enjoying the benefits created by the provisions revised. The members of Congress acting as a Constituent Assembly cannot therefore pass a provision that will benefit them. By recommending the cancellation of the May 2007 election and setting it for at 10, the members of the Constituent Assembly, should one be constituted by Congress, will in effect suggest that all current members of Congress stay on until 2010. An anomalous situation will thus arise because those who passed the said revision must not benefit form the provision revised. Any member of Congress who stays on and becomes a member of the Parliament without the benefited an election can be considered an illegitimate member of the Parliament. If we are then to enforce the prohibition, assuming that the provision to cancel the 2007 election passes, then no one can actually be benefited from in because those who will pass the said provisions cannot benefit from it. You will end up having a Parliament with no legitimate members, except the 12 senators and the Vice-President.

It is equally important to stress that the Commission was set up to study as well the economic provisions of the 1987 Constitution, which were being viewed as restrictive and discourage investment by foreign investors. It will be a great shame and disappointment if the gains we achieved in this recommended draft constitution will be put to naught because of this controversial provision. The exercise is thus counter-productive. Our desire to institute genuine changed in the system of government and economic provisions of the constitution must be tempered by the spirit of t he times. Our people are intelligent. They will be the anomaly which is being espoused.

Let us not waste the gain we have achieved. Let us not extend a favor to Congress by illegally extending the terms of its members in the hope that they will accept our recommendations. We must remember that we are in this Commission to serve our people. In the final analysis, it is the people who will ultimately judge us. Let it not be said that we failed them.

Angelo M. Abarico
Andres D. Bautista
Joji Ilagan-Bian
Jarius Y. Bondoc
Noel M. Cariño
Pablo P. Garcia
Nelia T. Gonzales
Rita Linda V. Jimeno
Gonzalo Jurado
Amado S. Lagdameo, Jr.
Liberato P. Laus
Alexander R. Magno
Emily M. Marohombsar
Jose Sonny G. Matula
Democrito T. Mendoza
Vicente T. Paterno
Cecilio T. Seno
Betty Lourdes F. Tabanda
Efraim M. Tendero
Rey Magno Teves
David B. Tirol
Alfonso T. Yuchengco