2 members of 1986 Constitutional Commission object to people’s initiative
MANILA, Philippines — Members of the 1986 Constitutional Commission Rene Sarmiento and retired Chief Justice Hilario Davide Jr. strongly objected to the controversial signature campaign for Charter change, calling it dangerous as it may open what they called “Pandora’s box.”
In his position paper – a portion of which was read by Senator Imee Marcos during the Senate committee on electoral reforms and people’s participation’s hearing on Friday, Sarmiento said the recent push for people’s initiative was flawed.
“Like the first and second initiative pushes, the present initiative push, initially launched by several local chief executives and supported by the same People’s Initiative for Reform Modernization and Action (Pirma) of the first initiative push through a television advertisement, is likewise fundamentally flawed,” said Sarmiento.
“For one, it is not the Filipino people behind the initiative as author of the proposal, and they would simply be asked to sign the signature sheet without the benefit of understanding the nature and implication of the proposal. For another, changing the transitory provisions is a revision because it is a significant and substantial provision of the Constitution,” he emphasized.
Sarmiento then proceeded to call the third signature campaign a “trojan horse” that could be employed as a “preliminary step to change substantial provisions in the Constitution.”
He pointed out that Constitutions are imperfect and fragile, hence the need to protect and safeguard them at all times.
Davide, in a separate position paper, maintained that there was no need and there were no compelling reasons to amend or revise the 1987 Constitution.
“As one of the Commissioners of the 1986 Constitutional Commission, who drafted this Constitution, I know it very well, and in explaining my affirmative vote for the final draft of the Constitution at the plenary session of the Commission, I openly declared that this is the Constitution I am willing to die for,” said Davide.
According to Davide, if the Senate panel proves that public money was indeed used and that public officials were involved in the scheme to lure voters to join the signature campaign, the panel may recommend the prosecution of the guilty parties.
This is under existing penal laws under the Revised Administrative Code and Service Laws, he said.
“It may likewise propose the passage by Congress of an appropriate law that would impose criminal and civil sanctions against future offenders. The criminal sanctions may be imprisonment, fines dismissal from service, and disqualification to hold public office,” he added.
To further support his disapproval, Davide explained that the proposed amendments of the Constitution are “beyond the power of the people,” particularly explaining that people’s initiative exclusively applies to amendments and does not include revisions.
“Our present Constitution is not the one to be amended. Our political leaders and our people are the ones who need reform, change and transformation,” said Davide.
READ: Pirma is back: Charter change drive on air, on ground
