Paper presented at the Workshop
on Constitutional and Electoral Reforms
of the Philippine All-Parties Conference
on May 3, 2002 at the Manila Hotel, Manila.

Imperatives for Constitutional Reforms
By Ramon C. Casiple, Executive Director,
Institute for Political and Electoral Reform (IPER)

Constitutional change remains a sensitive topic for most Filipinos. Two presidents have attempted to do it but were forced to retreat in the face of public opposition. At present, initiatives from Congress have again risen up to titillate us with possible constitutional change.

Is there really an absolute opposition by the people against constitutional change? Or is it conditioned on their negative perception of the substantive provisions to be changed and of the motives of those who advocate for change?

The major controversy lies in the substance of constitutional change. What to change? Is it the land ownership policy? Or, is it the term of elective office? Proposed changes to these two constitutional provisions have sparked off the intense outcry against the Estrada and Ramos “Cha-cha” initiatives.

These last two attempts showed that the imperative for constitutional change lies heavily in convincing the people on the merits of the basic reforms being proposed.

Secondary controversies revolve around the manner and timing of constitutional change. Change through a constitutional convention? Or, change through a constituent assembly? Or, untested as yet, a change through people’s initiative?

There are existing proposals for the plebiscite on possible constitutional reforms in 2004, 2007 or even after 10 years. Before these, there are the proposals for a referendum on whether the people really want constitutional change.

In consideration of the above controversies, this paper will attempt to present its case for recommending constitutional reforms through a constitutional convention.

This paper will also draw from its recently-conducted but not-yet-published research study on people’s perception on constitutional change. The research was conducted from 1999 to 2001 and done through a national survey and focus group discussions. The survey covered 17 municipalities in 17 provinces with 1,577 respondents. Leaders belonging to organized groups in the 17 areas cited participated in the FGDs.

The Imperatives for Constitutional Reforms

Our present constitution was written in 1987, a direct product of the downfall of the Marcos dictatorship and the manifest desire of the people, expressed through People Power, for the reestablishment of a democratic republic in our land. The government of President Corazon Aquino appointed the 50-member Constitutional Commission to draft what later came to be the 1987 constitution.

One of the longest constitutions in the world, the 1987 constitution covered a broad range of policy areas. Delegates to the 1986 Constitutional Convention readily admit that it is a compromise document. However detailed it was, it suffers from a common infirmity arising from compromise. Many of these compromises resulted in more than 50 of its provisions, including major ones, requiring enabling laws by Congress before they can be implemented.

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