Next steps for the 2010 elections

(A talk delivered by OneVoice Convenor Christian Monsod at the Forum of Simbahang Lingkod ng Bayan, Ateneo School of Theology last July 14, 2007.)

Where are we now?

Two years ago, we were undergoing a political crisis. A “crisis”, experts tell us, is a turning point in a sequence of events at which the trend of all future events for better or for worse is determined. A turning point can be brief or protracted. A crisis can progress from symptomatic to acute to chronic stages to a final resolution. I would say that, since the apex of the crisis in the July 8 weekend when the Hyatt 10, former President Aquino and others called for the President to resign, the crisis had settled to a protracted acute stage after July 2005. That the elections took place and did not result in any national outrage at the admittedly flawed process and that the results were generally accepted by the people helped bring more normalcy into the country as early as one week after the elections.

However, the distrust of the Arroyo administration is still at a high, although, diminishing level, and the issues of a cheating president and the perceived lack of alternative leaders and of damaged institutions, still hover over us and will probably not clear up until credible elections in 2010 produces a more credible leader.

I believe that there is a lesson to be learned from the failed July 8,2005 weekend and the events leading up to the May 2007 elections – that we must listen to the people. During the Arroyo administration, never had civil society been so close to the seat of government since the time of the Aquino administration. Through friends in and around the palace, a number of civil society concerns were listened to and effectively addressed. But I think that we got so used to the process, and our proximity to power and the effective back-channelling, that in the exuberance of our successes, we forgot where the real power lies – the people, and we did not listen to what they were saying.

The resign movement failed to read the changing paradigm of people power. People power is not dead nor is it suffering from fatigue. But the people seem to know ahead of those who would be their leaders that the exercise of that power is more relevant at the community level as an instrument to make life better for themselves – whether making the barangay system work, making local officials more accountable, or working with NGOs in improving governance, or resisting projects that endanger the environment. The people are not indifferent to and do care about the moral issue of a cheating president but they think that it is not worth the risk of street violence or disruption of their livelihood to take sides in power disputes among the leadership elite, among equally unattractive alternatives. EDSA 2, while successful, is a dangerous precedent that many people did not want to duplicate and remains a problematic legal and political issue to this day. The “parliament of the streets” was a default option because the institutions for dissent and redress of grievances (the courts, congress, direct appeal to leaders, a free media) were closed to the people. That is no longer the case. People appear to be wary and weary of “extra-constitutional” measures and prefer more traditional democratic processes such as impeachment proceedings, resort to the judiciary and, above all, free and fair elections.

That agenda is, in fact, already in play. We stopped the cha-cha train by prevailing through a heart-stopping battle in the Supreme Court, which many people said was surely going the President’s way because she had appointed 10 of its 15 members. They were wrong and we were right. It was an 8-7 vote but it was 5-5 vote when it came to her appointees. So were key decisions made by an increasingly independent Supreme Court on attempts of the Arroyo administration to test the boundaries of its constitutional powers. We also stopped the Con-ass, helped by the arrogance of power displayed over national television, and the May elections proceeded as scheduled. These are signal victories that the people appear to support.

Charter change is dead, even by a constitutional convention because the administration, the opposition, and civil society are uncertain of its outcome. The business community is happy with the economy and the solutions to what were being peddled as constitutional obstructions, such as in mining. If fact, I think they got more that what they expected. We are on a roll.

But we also lost some battles. The civil society proposal for a fact-finding commission did not prosper. Many conditions for participating in the elections did not come to pass, notably a revamp of the Comelec, election automation, a fourth commissioner. But those thinking of boycott ended up protecting the ballot anyway. It is just as well. I believe that boycotting is really not a viable option. If it was not an option in the 1984 and 1986 elections, what more now. It is better to fight, even by their rules, against any attempt by authoritarianism from the right or the left, than leave the field open for them to do as they please. As we learned from the events leading up to EDSA 1, there is a redeeming value in every battle, even those we lose, as a source for renewal and hope.

The 2007 elections was still a step forward for our democracy. The political turbulence and doomsday scenarios did not, and are not likely to, happen. Times have changed. Outrage that is not spontaneous is out, so are extra-constitutional short-cuts; step by painful step of nation-building is in. How true, what someone said – that patriotism is not the sudden and frenzied outburst of emotion, but the quiet and steady dedication of a lifetime. The question is: are we up to it?

If the May 2007 elections is any indication, there is reason to hope.

There were really two elections last May – a national election for senators and congressmen and local elections for provincial, city and municipal officials. About 98.5% of the positions at stake were for local government positions. For purposes of this assessment, congressmen who are voted by district are considered to be “locally” elected.

These two elections involve different decisions by the voters which are not necessarily aligned with each other. On the one hand, the voters are asked who they want to represent or lead them in their local constituencies and, on the other hand, they are asked their preference for the national leadership. Since the recent elections is a mid-term elections, the senate vote can be considered as a proxy vote on national leadership - as an indirect referendum, so to speak. That is why both the administration and the opposition are claiming victory. The opposition is looking at the senatorial elections, and some high profile local contests, and the administration at the over-all results in the district congressional and local government elections. In a way, they are both right because they are not talking about the same elections.

A book entitled Philippine Democracy Assessment (a joint project of the British Council, Fredrich-Ebert-Stiftung, Philippine Democracy Audit and Transparency and Accountability Network) suggests that it is more meaningful to go beyond measuring the “success” of a democracy to a measurement of its quality depending not on “expert common sense”, which is usually critical of and cynical of democracies, but more on “people common sense”, which is more optimistic and supportive of democracy. It suggests that changing the everyday practices and assumptions of citizens may have greater impact on the institutional edifices of the Philippine government and state than more formal means.

I agree with the “people common sense” approach because it is more important to listen to what the citizens themselves are saying about our democracy, or what James Surowiecki aptly describes in his book as the unerring “wisdom of crowds”. It is a most interesting book because it articulates the fundamental principle of a democracy that, in his words, “the many are smarter than the few”. And why our collective intelligence, such as the one expressed in free and fair elections, is what ultimately makes a democracy work.

If our politicians are too busy interpreting the elections in personal terms, they may miss the important signals being sent by the people about the elections – that there is a significant alienation from and distrust of the electoral process, as manifested, for example, in the low voter turnout rate in most places of about 60% (low by our standards), which must be urgently addressed, but that, despite the increasing alienation, the people still prefer elections as the best way to choose their leaders as against a military takeover, a revolutionary government, a people power upheaval or a self-serving revision of the Constitution

There is unmistakably a strong clamor for electoral reform both from those who stayed out from the voting and from those who went out of their way to protect the ballot or felt personally victimized by the process. By “process” I mean any of the stages from voter education, the legal framework, the voters’ list, the procedural aspects, the incidents of violence, the counting and canvassing to the resolution of disputes. This process can be either credible, tolerable, questionable or non-credible, even abusive. It is possible for a process to be questionable and still have credible results. And for a process to appear regular and therefore “credible” and the results to be fraudulent and non-credible (such as Maguindanao).

The reality is that the elections is more than the Commission and the Commission is more than the commissioners. The Comelec consists of only 5,000 people. On election day, that infrastructure balloons to about 1.2 people million people consisting of teachers, the police and military, citizens arms and other deputies. The Comelec, particularly its Chairman, is the most powerful government agency in the country for 120 days before and 30 days after elections. But once the elections gets underway, it is what the rest of the 1.2 million people do or not do that can make or unmake elections.

My assessment is that, except in places where the “Garcillano boys” continued to operate, or in places where the Comelec’s independence was compromised by local political kingpins, the Comelec field officers and deputies delivered generally acceptable results despite the burden of poor leadership. That happened as well in the 2004 elections (which, incidentally, I believe President Arroyo really won, albeit by a smaller margin), except that the issue of cheating in the 2004 presidential elections casts a long shadow on any objective over-all assessment of the process.

The 2007 elections was terribly flawed but it was on the whole tolerable if not satisfactory (credible in many places questionable is some and abusive in a few), and that the over-all result genuinely reflected the will of the people. It is easy enough to see that, except for agitation in a few local communities, normalcy resumed in the country within a week after the elections. In other words, even when our democracy is not in its best behavior, our democracy works. Of course, we all wish we can make it work better so that our people can trust it as the means to a better life.

Unfortunately, that is more easily said than done. The fact is that every President after Cory Aquino (Ramos, Estrada, Arroyo) weakened rather than strengthened our electoral process by the quality of their appointments to the Comelec and the lack of statesmanship to push for electoral reforms, regardless of the consequences to themselves. The Congress shares the blame, including the opposition, because appointments to the Comelec need confirmation by the Commission on Appointments of which they are all a part. We have yet to find a leader who will not yield to the temptation of an electoral system that is so tantalizingly vulnerable to manipulation, especially when it involves plans to stay longer in power. That is why the election problem of many areas of Muslim Mindanao continues to hound us. Those in power, when it is their turn, want to use what is euphemistically called “command votes” to their advantage. The government coalition should not be proud to use that term to describe its vote because it connotes intimidation, violence and fraud. It means that whatever results a warlord “commands”, he gets, regardless of the means. That doesn’t sound like free and fair elections, it sounds like a crime. .

The major flaws in the recent elections were – the use of money (mostly government-sourced) disenfranchisement, the flawed implementation of a flawed party-list law, exclusion of a huge number of qualified overseas workers, the high incidence of violence, and, most of all, irregularities in procedures, some of them in order to accomplish fraud.

Since elections is a process, procedures partake of the substance of the right. And it is part of the problem when the Comelec leadership say, “prove it”, invoking the formal rules of evidence, when elections is not primarily a problem of law, it’s a problem of management. That is why the Comelec is an administrative agency first and foremost, not a judicial one, because its job is to manage that process well, planning carefully to prevent or pre-empt violence and fraud, and quickly correcting what goes wrong, in accordance with effective management practices and not the technicalities of the law. The Comelec, especially the new commissioners, should be held accountable for not listening to calls to rotate the “garcillano boys” out of ARMM, particularly Lanao del Sur and Maguindanao, which they could have done, instead of rationalizing their retention because “they are presumed innocent until proven guilty”. They missed the point of their principal responsibility – to apply the highest standards of management practice to elections, and that includes putting the right people in the right places.

What are some indicators in assessing the quality of the electoral process?

1) There were about 18,000 positions at stake in these elections. The latest information from the Comelec is that the total number of election cases which effectively question the results (protest cases and pre-proclamation proceedings) number about 350. In 2004, the total number was about the same. Even if we allowed for the fact that there were many places where there were no real opposition candidates and instances where the losers did not think it was worth the effort, we are talking about 2%-5% of the contested positions being questioned. In other words, the results in about 95% of the elections appear to be accepted by the people. In my book, that is a very high passing mark.

2) In terms of incidents reported to the citizens’ arms like PPCRV, NAMFREL-NASSA and LENTE, the three most reported are vote-buying, disenfranchisement of voters, and rregularities in procedures (i.e. denial of access by watchers to the counting and canvassing, lack of training of teachers and deputies, unauthorized procedural changes by local Comelec, etc). The number of incident reports is probably about 250 or about the same as in 2004, which is a tolerable level in a tedious manualized system that is prone to error or fraud. In comparative scale, that number was 750 in 1986. It should be noted that an “incident” can mean numerous instances of the same irregularity in one polling place.

3) The bad news is that the level of violence was unnecessary high, the second highest since elections were synchronized in 1992. The fatalities were 60 in 1992, 87 in 1995, 82 in 1998, 132 in 2001 and 189 in 2004. The real number of “election-related” casualties was 229 by PNP records (per CER), which would make it the highest level since 1992. But for public consumption, the PNP says it was lower by changing the definition to “election-motivated” casualties. Most of these casualties were avoidable with better management - by better intelligence gathering by the PNP (which boils down to people’s trust, since most intelligence data come from ordinary citizens), by better planning by the Comelec (a matter of competence which can be corrected in the future) and by the government not issuing legal arms to local warlords like in Maguindanao (using the excuse of arming citizens against terrorism). In fact, most of the violence happened in “hotspots” already known to the PNP before the elections. There is some good news, if one can call it that, in the sense that the violence seems to be limited to some 15% of the local areas and was not a national phenomenon, and, more significantly, that despite the violence, people managed to vote against previously entrenched political families in some places such Abra, Masbate, Nueva Ecija, Cavite, Pampanga, Isabela, etc.

Did the voters cast an intelligent vote? Again there are good signs – I contend that it has been there for sometime even in 1998. We all know by now that there is no significant correlation between media expense and winning in the senatorial race, that the two most handsome actors in the movie industry failed to win a senate seat, that the best legislator among the senatorial candidates bucked the opposition trend and won handily (Angara) and, in the local elections, as already mentioned, there were hopeful examples of independent thinking by voters across economic classes. And while I agree with the opinion that this elections has not changed the political landscape significantly, I think that, as argued by the book (Philippine Democracy Assessment), the character of the so-called dynasties may be changing. It appears that many “dynasties” are no longer tied to land ownership, the traditional cacique connection. More and more family-based politicians belong to the professional class, and that is a significant improvement in the landscape.

(In the 1998 elections, the “expert common sense” told us that it was not an intelligent vote when the people voted for President Estrada, with his known addiction for womanizing, gambling and drinking When asked at that time in surveys who they would vote for, the more common answer was – those who are pro-poor. And that is how the vote went because Estrada was perceived as sincerely pro-poor. But he had a strange definition of corruption and he tried to run the country like a small town mayor. The 1998 elections is still considered as an overdue and successful revolt of the poor against the rich; the poor had the right criteria but they picked the wrong champion. When the question was asked again in surveys in 2001, this time the answer had changed – the vote would go to those who know how to run the government. And that is how the vote went, with the poor almost evenly divided between the two leading candidates. At least the poor learned their lesson. They do vote intelligently, it is the rich who vote for narrow self-interest.)

We can safely say that the dismal record of the Abalos Commission remains unbroken, not only in managing the elections but in failing in the advocacy of badly-needed and intelligently-crafted electoral reform legislation. The good news is that there are still many good career people in the Comelec who can form the nucleus for a Comelec renewal.

Fortunately, Chair Abalos and the remaining two commissioners who were part of the 2004 elections are leaving by February 2008. Comm. Borra ended up a big disappointment. He was more concerned, I am told by Comelec insiders, to ensure a secure retirement. However, the three newest commissioners have good records of integrity and legal competence and have so far performed relatively well, except for a few disquieting decisions and what Philip Zimbardo in his outstanding book “The Lucifer Effect” described as the “evil of inaction” that “supports those who commit evil by not acting to challenge them”, in the Comelec case - the interest of collegial harmony? However, I do not think that they allowed themselves to be part of any centrally directed institutional manipulation or partisan political maneuvering, such as in 2004.

The most luminous star in the 2007 elections is the performance of the citizens arms. But you know that because you were part of it. For the first time since 1992, the church-based groups, namely the PPCRV, Namfrel, Nassa, after a false start, finally worked closely together and were better prepared to make a qualitative assessment of the elections, even in Muslim Mindanao. These groups coordinated their work through VforCE. Lente (Legal Network for Truthful Elections), organized on the initiative of One Voice with the Integrated Bar of the Philippines as co-convenor – fielded for the first time lawyers and para-legal volunteers for electoral work specifically to safeguard the process at its weakest link – the multi-stage canvassing of votes, got off to an auspicious start. Let us enjoy in the moment, but let us not get carried by by the testimonials. There is much work to be done. Our coverage had many gaps and the number of volunteers fell short of the one million target partly because the mobilization was delayed by the competition between Namfrel and Nassa on the quick count accreditation. There is a lot of double counting of volunteers if we simply add up the number of IDs issued by the major partners. But we were in the right places at the right time, many first-timers were enthusiastic, we successfully projected a unity of purpose and reported our operations and findings with candor and intelligence. We thus gave new life and credibility to the role of non-partisan volunteerism that, in its scale and quality, is uniquely Filipino.

This is what foreign observers missed who made crude judgments in two or three days of observation, such as in Pampanga, about whether our democracy was successfully upheld in the elections. They should have stayed long enough to witness how the people successfully asserted their sovereign will despite the shortcomings of the system and they would have understood why we believe that democracy, or what Vaclav Havel called the unfinished aspiration of a people, will continue to prevail in our country.

The Program of Action for the 2010 Elections

The first order of business is to write a thorough evaluation of the 2007 elections and a program of action on electoral reform agenda leading to the 2010 elections.

Since none of us here is in a position of authority to effect the institutional and legal reforms we want to take place, our task is most daunting. We have to really do our homework on the details of reform such as the features of automation, be relentless in our advocacy and be ready to make timely interventions on key events and processes. (For example, something as simple as congressional committee hearings - are we prepared to do the necessary research and to attend every one of those hearings?)

Number one on the reform agenda is the quality of the new appointments to the Comelec, particularly the Chair. For 150 days before and after elections, the Comelec Chair is the most powerful person in the country. Many good things follow from the appointment of good commissioners, not only in terms of independence and integrity, but in better management of the system. This is the critical test of the sincerity and commitment of the President (and the opposition) to electoral reform. Three of the seven members of the commission (the Chair has to be a lawyer) are allowed by the Constitution to be non-lawyers precisely to deal with such things as the modernization of the system.

Number two on the reform agenda is legislative reform where we must be prepared to be specific about the features and provisions of the law. I suggest the following in order of importance:

a) the automation law

b) the voter registration law which must be separately legislated from the automation law

c) the laws on campaign finance

d) the party-list system

e) the absentee voting law

f) procedural improvements or even just improvements in the IRR of the Comelec

Other legislative reforms which may be harder to push include:

4. anti-dynasty law
5. sectoral representation in the various sanggunians
6. turncoatism legislation

Number three on the reform agenda is the development of better relationships and clarification of roles among citizens arms and between the citizens arms and the Comelec. I believe that the church-based groups must agree as soon as possible on who does what. There is a long history of turf battles going back to 1992 when I first accredited PPCRV and Nassa as citizens arms. Before that Namfrel was accredited to do everything. I assumed they would find a way to work things out. Frankly, they did not, and the terms of cooperation for the 2007 elections was the best we could do under the circumstances. This must be done now.

With respect to the citizens arms and the Comelec, I believe that many of the conflicts are relationship rather than integrity problems, and can be solved by simply getting to know one another way ahead of the elections with common projects, like modernization, voter education and, what is most important to them, public and open support for Comelec people who refuse to play politics. This program of cooperation should be a nationwide undertaking. I have started to talk to the career staff and they are open to scheduling informal get-togethers, province by province, municipality by municipality on this agenda. This is a backbreaking project but it will yield huge dividends by 2010.

What are the chances of our succeeding in this agenda?

High if we are willing to do our part. Very high if, in addition, we get a really good Chair of the Comelec and at least one of the three other new commissioners. It is not enough, even meaningless, to make press statements about a selection process and enumerate criteria, that is now part of the rhetoric for reform. Also asking for the opposition to name one commissioner is self-defeating because the administration party will also want one and so will other partisans and so on and so forth. And we will end up with a conglomeration of partisans who are then expected to act in non-partisan manner. If the President asks if we have nominess, we must prepared give names. It is as simple as that. Otherwise, we lose by default and she will have an excuse to name nominees of personal advisers or worse of politicians. As to the Comelec bureaucracy, meaningful revamp is possible once that bureaucracy senses that the commission is a truly reform-minded commission and internal cooperation will follow. There are enough good people still within its ranks who are just waiting for the right leadership. And they know, more than anybody, what it takes to clean up the mess that Tancangco and Abalos are leaving behind.

Although still three years away, amending and implementing the automation law is no mean task. So is the rest of the legislative reform agenda. We are up against too many vested interests in Congress - ideological, political or just plain greed because a modernization program that represents high risks and high rewards across a wide range of motivations. We would need to organize ourselves into a tightly coordinated and focused advocacy to prevail against those odds.

I realize that all of us have our own advocacies, all of them urgent, all of them with long-term implications - human rights, militarization, agrarian reform, education, labor, environment, globalization, the economy and many others. Everything that is encapsulized in one phrase about social justice in Article XIII of the Constitution – equitably diffusing wealth and political power for the common good. Our plate is full, we may have to be selective about our cause, and just develop a support network for others. I hope that many of you will choose electoral reform because, very simply, there can be no real democracy without real elections. We also know that reform and change take time and require both resolve and endurance. We are here for the long-run.

The words of the assassinated Archbishop Oscar Romero of El Salvador are instructive “….It helps now and then to step back and take the longer view….we plant seeds that one day will grow…we lay foundations that will need further development…..we are workers not master builders, we are ministers not messiahs, we are prophets of a future not our own…”

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Sign-up for VforCE: 1 million Volunteers for Clean Elections

sign-up for Vforce
We are looking for 1 million people who will fight for this country.


“These coming elections in May 2007 are especially important. Many of our current political problems, which have hindered fuller economic development and social justice, especially for the poor, can be traced to unresolved questions concerning the conduct of past elections. As a nation, we cannot afford yet another controversial exercise that further aggravates social distrust and hopelessness.” - Catholic Bishops Conference of the Philippines, January 28, 2007

We believe that what is at stake in the May 2007 elections is the credibility of our institutions and the viability of our hard-earned democracy. And we cannot let our frustration and distrust drive us away from the political arena. This will only embolden those who disregard the rule of law and undermine our institutions.

We can still reclaim our place in our country’s democratic life, by ensuring that the May 2007 elections are honest and credible, and that candidates who have the people’s interests at heart get a fair shot at winning.

VforCE, or 1 Million Volunteers for Clean Elections, is a nationwide movement of volunteer individuals and organizations, committed to providing voter education and volunteer training to protect the integrity of the elections, to fighting fraud and violence, and to working for long-term political and social reform. VforCE volunteers will work on the following fronts:

1. Voter Education and Involvement through activities like Pinoy Voters’ Academy, which is a participative process of political education leading to action-planning by local communities, and Bantay Pangako, which builds on the covenants signed between the candidates and communities to create mechanisms for monitoring campaign promises and demanding accountability after the elections. Organizations like the Parish Pastoral Council for Responsible Voting (PPCRV), National Secretariat for Social Action of the CBCP (NASSA) and Simbahang
Lingkod ng Bayan (SLB) are working on this front.

2. Pollwatching. On election day, trained pollwatchers will be fielded at the precinct level to monitor vigilantly election activities in order to ensure that the process is fair, clean, honest, and peaceful. PPCRV is also responsible for this task.

3. Citizens’ Vote Count. NAMFREL, PPCRV, NASSA volunteers will work with partner organizations for an unofficial tally of election returns alongside the official Comelec count.

4. Canvassing Watch. Trained volunteer lawyers and paralegals of the Legal Network for Truthful Elections (LENTE) convened by the Integrated Bar of the Philippines (IBP) and One Voice will monitor the aggregation of votes at the Municipal, city and provincial levels, as well as respond to calls for legal assistance.

5. Other Education and Monitoring Work. Websites providing candidates’ profiles have been put up by groups such as SLB, De La Salle University, Makati Business Club and Ivote.ph to help voters make informed choices. SLB will also operate a Bantay Call Center to answer queries from voters, including OFWs. The Pera’t Pulitika project is monitoring campaign finance. Bantay Eleksyon is documenting the whole election process, especially the role of the Comelec.

We need 1 million volunteers to cover about 300,000 precincts and 1,600 canvassing points in the country. Be a volunteer, join us with your friends and family, and help fight for our country.

We need clean elections. We need genuine democracy. We need you.

VforCE: 1 million Volunteers for Clean Elections

A collaboratin of PPCRV, NAMFREL, NASSA, LENTE, Simbahang Lingkod ng Bayan, Pinoy Bantay Bayan, Bantay Eleksyon, Pera’t Pulitika, Integrated Bar of the Philippines, Makati Business Club, One Voice.

Contact

VforCE: Web: http://vforce.multiply.com
Email: vforce2007@gmail.com
Text: 09263041826
Landline: (632) 4266101 ext. 3440/3441
Fax: (632) 4265968

PPCRV: Email: parishpcrv@yahoo.com
Landline: (632) 5242855
Fax: (632) 5280149

NAMFREL: Email: namfrel@yahoo.com
Text: 09177339619
Landline: (632) 6362921
Fax: (632) 6345136

NASSA: Email: admin@nassa.org.ph
Landline: (632) 5274147
Fax: (632) 5274144

LENTE: Email: aacunesco@yahoo.com
Landline: (632) 8997691 ext. 2123
Fax: (632) 8994342

(Download our poster ad)

Additional reference:

  • Sign up for VforCE (The Manila Times)
  • FROM THE STANDS (Philippine Star)
  • Escalating the watch (Inquirer)
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    The Importance of the May 2007 Elections

    (Speech of Christian S. Monsod, One Voice chairman, at the joint general membership
    meeting of the Makati Business Club, Federation of Filipino-Chinese Chambers of
    Commerce and Industry, and Management Association of the Philippines on 8 March 2007, 12 noon, at the DUsit Nikko Hotel, Makati City)

    You asked me to address four questions:
    (1) What is the importance of the 2007 elections?
    (2) Is there hope for the elections to be credible?
    (3) What is the status of the citizen effort?
    (4) How can each of us contribute to that effort?

    The elections are important because for the first time since our democracy was restored in 1986, we are faced with the problem of damaged or weakened democratic institutions, of processes, i.e. electoral and justice system, or of offices or agencies such as the Senate and the House, the Office of the Ombudsman, the Commission on Elections, or even of the Constitution itself.

    Most businessmen appear to be happy with the developments on the economy, but you are clearly concerned about the credibility of the 2007 elections. You are here because your concern goes beyond the successful delivery of credible elections. You care enough to know that we must also address the broader crisis of the people’s trust in the political system, and in democracy itself, as a means to a better life. The repeated attempts to test the constitutional limits of executive powers, the attempt to change the Constitution for political gain, and the politics-as-usual environment of the election campaign, must concern you. All of us know the far-reaching consequences of a growing alienation and disengagement of people from democratic processes, especially the youth and the poor.

    If democracy has not changed the social, economic, and political landscape of the country, it should occur to us that maybe the problem is not that democracy is not suitable for developing countries, but that we have not nurtured it or are not practicing it, neither the administration nor the opposition, but more importantly, not by civil society itself.

    It is the privilege of age to recall images that make sense of his surroundings. Mine is the image of businessmen and the most ordinary citizens guarding ballot boxes together, with utter disregard for their safety, with no thought of reward or benefit, protecting the ballot as if it was the most sacred blessing of their lives. Whether locking arms together or raising fists defiantly in the air, or singing the impassioned cry of the imprisoned, there was an army that was invincible for the whole world to see.

    But the fact is that after we brought our nation to glory in EDSA and accomplished the first peaceful transfer of power in 27 years in 1992, we folded up our banners, we put away the t-shirts with the imaginative slogans that brought humor to the seriousness of the time, and we went back to wearing our business suits and to monitoring the stock prices of our companies or focusing on our narrow sectoral advocacies. And as we went our separate ways with our separate causes, we lost something of the dream of a nation and the significance of our interconnected lives.

    Perhaps it is time to go back to our beginnings for the 2007 elections.

    Every election is critical for its own reasons. If the 1986 elections, as once noted by a writer, were a test of our courage, and the 1992 and subsequent elections tests of our maturity, then the 2007 elections are surely a test of our vision for democracy.

    That vision cannot include the weakening of democratic institutions that would justify what is sometimes euphemistically called a strong republic to fill the void, in which the ubiquitous presence and increasing power of the military and police in government affairs is a troubling trend. The military gambit is not new to our politics, but we thought we had addressed it permanently by the overwhelming aversion of our people to any kind of military dominance in our national life. Surely the business community remembers how the Marcos regime, propped up by the military, set back our economy by 10 years, a gap we still have not closed after 20 years.

    If we are agreed that a functioning democracy is a part of our future and that credible election is its fundamental building block, the obvious question is—is there hope that the 2007 elections will be credible?

    My answer is YES, if we all play our part in its making.

    It seems simple enough, delivering free and fair elections. There are only three principles to observe:

    (1) one-man, one-vote;
    (2) allow people to freely exercise their right to vote; and
    (3) count correctly what’s in the ballot.

    We had thought that, by this time, we would be closer to the norm of democratic elections. But somewhere along the way, this was derailed. Automation is nine years behind the original schedule and full automation will not happen until 2013 at the earliest. The latest automation law is seriously flawed and was enacted too late to even enable pilot testing in 2007.

    What of the Comelec? It is disappointing that the President has chosen not to fill the last vacancy. But we should at least be grateful that she did not fill it with somebody like Mr. Garcillano. And that the three latest appointees are persons of competence with a record of integrity who are well aware of the need to restore the credibility of the Commission and are unlikely to allow themselves to be part of any cheating. So far, the Comelec has generally been even-handed in the enforcement of the rules, but continued vigilance is obviously called for. Monitoring the resolutions and moves of the Commission is the specific mission of one of the NGOs, the Consortium for Electoral Reforms.

    The pity of it is that, by and large, even when it is not in its best behavior, our democracy works, even in 2004, to the credit of the field officers of the COMELEC, if we judge the process and the results by the totality of some 17,000 positions at stake in the elections. Of course, the question of cheating in the presidential elections casts a long shadow on the entire elections. That the President really won, I believe, the elections, albeit by a much smaller margin, is not enough to mute the clamor and the campaign to finally settle the issue of legitimacy by treating the coming mid-term elections as an indirect referendum. There are those among you who would say we are past that and must move on. Maybe so. But the high distrust level of the government cannot be ignored with perceptions that, to stay in power, the government is disposed to misuse government resources (pork barrel allocations, the passing of campaign vouchers to government-owned and -controlled corporations, “intelligence” funds), or commit wholesale fraud in canvassing , or use the military and police for partisan politics. Hence, the criticality of citizens’ groups protecting the ballot and validating the process and the results of the elections.

    There is one important assumption in mobilizing this effort—that the church-based groups will do within the church community what they ask of the nation—unite for a more lofty purpose. That NASSA of the CBCP, which comprise the core of volunteers especially in the provinces, PPCRV, and Namfrel will adopt a unified approach with the least overlap and at the least cost to address the two biggest constraints to this kind of effort—(1) enough volunteers to do the job and (2) resource mobilization. The numbers are formidable. Forty-four million voters, over 250,000 precincts, and 1,600 canvassing points, which imply mobilizing over 500,000 volunteers, including some 3,500 lawyers to monitor the canvassing, and raising total resources of up to P50 million in cash and in kind, partly by local chapters.

    As of today, the only missing ingredient is the accreditation of the citizen arm for the unofficial count. Both NASSA, with an interfaith coalition, and Namfrel, which counts with over 150 multisectoral organizations, have applied for accreditation, with the final decision ironically being entrusted to the Comelec.

    The good news is that, regardless of the competition for accreditation, all the groups have agreed to take substantive steps towards a unified effort by the following:

    (1) NASSA and Namfrel have agreed to form a joint technical group to develop the systems that will be used by whoever gets the accreditation, which, incidentally, could be joint. This committee is already operational and has already agreed on the basic program. The objective is accuracy more than speed, where the quick count for the first two days covering some 10% of the votes will be done by the media groups and the citizen arm count will build up from the third day. While the target is 100% coverage, it should be noted that the highest coverage in the past in 2004 has been 83% based on precinct election returns and 97% in 1992 using certificates of canvass. Since wholesale fraud in canvassing is a serious problem now, the citizen arm count will be based solely on precinct election returns. And there will be no texting. It’s the basic count from the precinct.

    (2) There is already agreement on assignment of tasks, with PPCRV undertaking voter education and pollwatching. Although it is included in its manual, PPCRV has agreed not to do a count. The grassroots mobilization is to be done principally by the social action and basic ecclesial communities of NASSA. The NASSA national conference of social action directors has already taken place last weekend and the PPCRV national conference begins tomorrow. In short, mobilization has started. The focal point of organizing and counting centers will be the 85 dioceses all over the country, in coordination with other religious, evangelical, and Muslim groups in each area.

    (3) A national coalition of the Integrated Bar of the Philippines, law schools, NGO legal groups, association of law students, and so on has already been formed, with the Ateneo Human Rights Center as secretariat. The objective is to cover all 1,600 canvassing points, which neither government nor the opposition has been able to do all these years, with about 3,500 lawyers and paralegal volunteers. They will also provide legal services throughout the election period. This is a very difficult task because lawyers are in great demand during elections, probably the only time they are in demand, with huge fees. So we would appreciate if you can volunteer your legal departments to help out in this project.

    (4) A master activity blueprint or menu of options for citizen involvement has been developed by the Simbahang Lingkod ng Bayan and the Pugadlawin group of Ateneo de Manila University, which we will circulate shortly after my talk for you to see. And we are also circulating all the contact persons for each of these activities for your choice. I have asked Prof. Benjie Tolosa to join us this afternoon to answer any questions;

    (5) The church groups have agreed to undertake a mobilization campaign based on a generic communications program being developed by Campaigns and Grey, Yoly Ong and her group, pro bono, that will have a unifying theme for the various campaigns of the group. All of us will be meeting on Tuesday, March 13, to review the program.

    (6) Special projects have been launched, among them a Comelec Watch, as I mentioned, by the Consortium on Electoral Reforms, the Pera’t Pulitika project of the Consortium, Libertas, Transparency and Accountability Network, and the Political Science Association to pilot-test campaign finance monitoring. We also have a nationwide candidates’ fora and local covenant signing by the Simbahang Lingkod ng Bayan and PPCRV.

    (7) Finally, as you already know, the Makati Business Club has agreed to help in raising contributions towards a democracy fund that will be available to all groups as soon as the unified effort is formalized.

    (8) The initiative for many of these projects, I’d like to add, is being done by convenors of One Voice—Benjie Tolosa, Atty. Medina of Ateneo, Mon Casiple of CER, Atty. Guia of Libertas, Vince Lazatin of Transparency and Accountability Network, and Bro. Javy S.J. of Simbahang Lingkod ng Bayan and others.

    I mention these initiatives to assure you that cooperation is happening and that many people are already at work in this huge national effort. But they urgently need volunteers and funding for each of the activities, the most important of which are pollwatching, the parallel count, and the canvassing watch. Free and fair elections after all is the cumulative effect of many safeguards, and it is the efficient and effective handling of the minutest details that can make or unmake elections.

    It is said that the mind is the athlete, the body is merely the means for us to jump higher, run faster, or lengthen our reach beyond our grasp. After each of us has thought deeply about the stakes in this coming elections, after we have thought together on how to address them, let us “dare our courage to follow our thoughts.” We don’t have much time. The day of reckoning is barely two months away.

    If democracy, according to Vaclav Havel, is the unfinished story of human aspirations, let us continue the journey in the coming elections by helping restore the trustworthiness of the election process, and on the strength of that foundation, move on to other institutions. Each of us must put down his piece in this giant jigsaw puzzle called nation-building, for only then can we say that we are truly deserving of this blessed nation.

    Comments

    One Voice warns against ‘partisan’ COMELEC appointment

    One Voice, the non-partisan movement that is in the forefront of the people’s fight against self-serving initiatives to change the Constitution, yesterday warned against the appointment to fill up the last position of commissioner of the Commission on Elections with a person tainted with ties to those who have precisely caused the present political crisis dating back to the 2004 elections.

    “We have been hearing credible reports that the last vacancy at the COMELEC is to be filled up before the elections by someone who has ties to former COMELEC commissioner Virgilio Garcillano. If this happens, then the elections in May would again be in ‘peril’”,  Prof. Benjamin Tolosa, a convenor of One Voice, said in a statement.

    “We warn against an appointment to the poll body of a person associated with partisan individuals, groups, or interests because if that happens, then the elections will not be perceived to be clean, honest, and orderly, regardless of how much effort we put into making them so. So much is at stake in the elections that we have to be very vigilant,” Tolosa added.

    One Voice offers a five-point process to solve the current political impasse and calls for social and electoral reforms now. One of its proposals is the appointment of at least four independent COMELEC commissioners in keeping with its goal of making the results of the 2007 elections acceptable and credible.

    The One Voice five-point proposals are: 1) discontinue the bogus “people’s initiative’; 2) a social reform program now; 3) elections in 2007 as scheduled, as an indirect referendum on the current administration; 4) if necessary, a Constitutional Convention after the elections; 5) and a collective effort to rebuild the trustworthiness of democratic institutions.

    Tolosa also called on the COMELEC to be conscious of the integrity of its processes by ensuring that its actions now, during and after the elections are consistent with its mandate as a non-partisan arbiter of the elections and implementor of election laws. Tolosa was particularly concerned about the relief of poll officials, such as Atty. Ferdinand Rafanan, who have exhibited integrity and independence in the exercise of their duties. 

    “We are concerned about the impact of such developments not only on the public’s perception of the COMELEC’s independence but also on its day-to-day processes and operations,” Tolosa said.

    Comments

    A Christmas message from the convenors of One Voice

    To our signatories and valued allies: 

    We thank you all for speaking out when the chacha train threatened to misuse democratic processes for self-serving purposes, and many were silent. We thank you for the trust and the unwavering commitment. Together, we battled in the trenches when it mattered the most. As we all look back and survey the havoc and waste that the battle left in its wake, we may wonder if it was worth the effort. 

    We may wonder if this is indeed a new beginning to finally get the country and the government we deserve or if this will be just another lost opportunity, another inconsequential footnote in our history. We may wonder if, after the back-slapping and merriment of the moment and the hopeful picture of solidarity, we will again go back to our separate lives and leave the country to the political games and agendas of those who were voted to serve but have repeatedly failed the people. 
    We think we can all say it was worth it. But we cannot let history repeat itself for the nth time. Our country is too precious and too often betrayed to be left alone to face that fate. Let us celebrate the moment and enjoy the good cheer, and then prepare for the many more battles ahead. 
    Remember our 5-point program:

      (I) stop the so-called people’s initiative;
      (2) social reform program now;
      (3) electoral reform now and credible 2007 elections as an indirect referendum on the present administration
      (4) a constitutional convention, not a constituent assembly. if necessary;
      (5) work collectively in restoring the trustworthiness of our democratic institutions 

    Much has been achieved. But clearly, there is more work ahead of us, more difficult

    than before. But there are more of us now, The silent majority are finding their voice and are speaking out loudly for our leaders to hear we want real change. 

    We will work with all groups who want real change. We will learn from one another, share our expertise and resources and take the lead on issues and concerns when that leadership is called for. Otherwise, we are all foot soldiers in the service of a nation. What is important is to broaden and deepen the national dialogue and to work together harmoniously for the good of all, but especially for those who deserve a better life than what democracy has given them. 

    After the holidays, after we have spent time communing with our families and friends, afrer we have renewed our faith in the real meaning of Christmas, and have thanked the Lord for His many blessings, let us get together, pray together and plan for the days ahead. There is work to be done. 
     

    Merry Christmas and

    a Happy New Year to all. 

    Comments

    The Constituent Assembly Issue

    The Constituent Assembly Issue

    Statement of Legal Position of ONEVOICE

    By Christian S. Monsod, Chairman 
     

      1.   Congress, as a constituent assembly, derives its authority from the Constitution and must thus be convened in accordance with its provisions. 

          Under Article XVII, Section 1 of the 1987 Constitution, “[a]ny amendment to, or revision of, this Constitution may be proposed by: (1) the Congress, upon a vote of three-fourths of all its Members; or (2) a constitutional convention.” 

          While Congress acting as a constituent assembly is a legislative body of the highest order,1 and is “endowed with extraordinary powers generally beyond the control of any department of the existing government,”2 it merely derives its authority from the fundamental law.  Thus, Congress may propose amendments to the Constitution only because the Constitution explicitly grants such power.3  It is therefore well-settled that in exercising such power, Senators and Members of the House of Representatives, act not as members of Congress, but as component elements of a constituent assembly and derive their authority from the Constitution.4  

          Hence, in order to exercise the power to propose amendments to, or revisions of, the Constitution, Congress should not deviate from the requirements set forth in the Constitution, but act in conformity with it.   

      2.  In calling all members of Congress to convene into a constituent assembly, House Resolution No. 197 violates the Constitution because while a joint session is not required, the Senate and the House of Representatives must vote separately. 

          On 7 December 2006, the House of Representatives adopted Resolution No. 197 calling “x x x all Members of Congress, pursuant to Section 1, Article XVII of the Constitution, to propose amendments to, or revision of, the Constitution x x x beginning at ten o’clock in the morning of December 12, 2006 until the approval of particular amendments or revision of the Constitution for submission to the people for the purpose of ratification in accordance with Section 4, Article XVII of the Constitution.” 

          It is submitted that Resolution No. 197, while ostensibly merely adopting the wording of Article XVII, Section 1 of the 1987 Constitution in calling for a constituent assembly, effectively adopts a system of joint voting for all the members of Congress (irrespective of whether they belong to the Senate or the House of Representatives), and is therefore in violation of the Constitution for the following reasons: 

          First.  The power to propose amendments is given to Congress which is not a unicameral body but a bicameral body.5  The power to propose amendments or revisions is a power that is shared by both bodies and neither can exercise that power alone.  

          Second, As a constituent assembly, it is essential that both Houses vote separately because the meaning of a constitutional command can also be drawn from the known governmental structure set up by the Constitution.6 

          Third.  The intent of the framers of the 1987 Constitution is that both Houses vote separately.7  The Records of the Constitutional Commission show that the general rule is that when the Constitution provides that Congress should vote, it means that both Houses vote separately; otherwise, the Senate will always be outnumbered and can be effectively absorbed by the House of Representatives, which would be contrary to the bicameral structure of Congress.8  The only exception to such rule is for revocation of a proclamation of Martial Law or suspension of the privilege of the writ of habeas corpus, in which case, the Constitution explicitly provides that Congress should vote jointly.9   

          In this regard, the Supreme Court has held that the “fundamental principle of constitutional construction is to give effect to the intent of the framers of the organic law and of the people adopting it.  The intention to which force is to be given is that which is embodied and expressed in the constitutional provisions themselves.”10 

          Fourth.  The underlying reasons for adopting bicameralism apply with greater vigor in the case of Congress acting as a constituent assembly.  The arguments for bicameralism are: “(1) an upper house is a body that looks at problems from the national perspective and thus serves as a check on the parochial tendency of a body elected by districts; (2) bicameralism allows for a more careful study of legislation; and (3) bicameralism is less vulnerable to attempts of the executive to control the legislature.”11   

          Here, the three-fourths vote of the Senate as a separate body cannot be dispensed with for the above reasons, and because the ends and the means of the constituent assembly under Resolution No. 197 are one—a usurpation by the House of Representatives of the powers of the Senate and, if the proposed amendments are approved, the Executive Department and ultimately, the people. 

      3. Consequently, without the participation of the Senate and unless three-fourths vote of the Senate is obtained, there can be no valid proposals to amend or revise the Constitution. 

          Anent the role of the Senate, Bernas presents two ways in which the Senate participates in the process of amendment or revision of the Constitution and offers his opinion on which is the better one, to wit: “One (which I prefer) I would call strict, and the other minimalist.  Strict participation means that three-fourths of the Senate should vote in favor of any proposed change.  But a minimalist approach would say that if at least a majority of the Senate should vote in favor, the needed Senate participation would be satisfied.  However, if separate voting is required—and I maintain it is—the minimalist approach would not satisfy the three-fourths language of the Constitution.”12 

          It is submitted that by maintaining the position that separate voting is required, it would not be sufficient even if individual Senators participate, for so long as the three-fourths vote of Senate is not obtained, then no proposals to amend or revise the Constitution will be valid. 

      4.   However, it may be premature to seek judicial review prior to the filing of a petition with the Comelec praying for the scheduling of a plebiscite. 

          Since Article XVII, Section 1 of the 1987 Constitution does not say anything about a joint session, each House may separately formulate amendments by a vote of three-fourths of all its members, and then pass it to the other house for a similar process.  Any disagreements can be settled through a conference committee.  Alternatively, Congress may decide to come together in joint session and vote separately on proposed amendments and revisions.  Since the Constitution is silent about the method and since the amendatory process has been committed to Congress, under the “political questions” doctrine, Congress should be free to choose whichever method it prefers.13   

          Thus, the Supreme Court may, at this point, exercise judicial restraint and simply allow the exhaustion of remedies within Congress.14 

          However, once the House of Representatives, acting as a constituent assembly, submits its proposed amendments to, or revision of, the Constitution to the Commission on Elections (Comelec) and prays for the conduct of a plebiscite, then such petition may be opposed on the grounds stated in Item 2.  Should the Comelec decide to grant the petition and schedule a plebiscite, then such decision may be questioned before the Supreme Court and there would be no issue as to justiciability and ripeness for adjudication of the matter.

    Comments

    Statement of One Voice Chairman Chritian Monsod given last December 11 Senate hearing

    HEARING OF THE SENATE COMMITTEE ON CONSTITUTIONAL AMENDMENTS, REVISION OF CODES AND LAWS JOINT WITH THE COMMITTEE ON FINANCE

    Statement of Christian S. Monsod
    Chair, OneVoice
    Dec. 11, 2006

    Your honors, you have asked for comments on several bills and resolutions and well as privileged and sponsoring speeches by members of the Senate pertaining to the content of the Constitution and the modes for amendment or revision, namely constitutional convention, constituent assembly or people’s initiative.

    I shall try to avoid duplicating the comments of the other resource persons. I will start with the most recent event - the challenge of Speaker Jose de Venecia to the Senate to agree within 72 hours to call a constitutional convention, in default of which the constituent assembly of the House will resume by December 14.

    The House challenge to call a constitutional convention

    One Voice believes that the House proposal that bears an ultimatum is not moved by a visionary zeal to unite the nation toward a common agenda. It is only meant to derail the growing protest against the machinations of the House and give the Con-Ass a second life.

    To be meaningful, the proposal must be premised on the following:

    1. A commitment to reform the electoral system starting with a total revamp of the Comelec leadership (except those not involved in the 2004 elections) and at the operating levels to restore the trustworthiness of the system and assure free, fair and credible elections in 2007, and any future referendum or plebiscite. This is within the power and influence of the Congress to deliver as the sole body that can impeach officials of a constitutional body.

    2. If the people really want a constitutional convention and say so directly in answer to a referendum question, the passage of an enabling law that would ensure broad representation of all sectors by, among others, the selection of delegates through a proportional in addition to a majoritarian elections, in order to avoid duplicating the present House of Representatives.

    This position is rooted in the precedents that have shown the reckless disregard of pro-charter members of the administration for sober debates and a more democratic legal and transparent process for constitutional reforms.

    The so-called people’s initiative was struck down by the Supreme Court for being a manipulated process where those who were supposed to be its authors did not really know what they were authoring.

    The current Con-Ass is a manipulated process because the House is trying to exercise by itself a power that can only be exercised together with the Senate.

    A referendum on whether to hold a constitutional convention and any election of delegates that is open to another manipulation is not a credible basis to convene a body that would review and change our fundamental law. A trustworthy electoral system is a pre-condition to any meaningful implementation of the challenge..

    Constituent Assembly

    With respect to the constitutionality of the current Con-Ass, I am attaching to this statement as Annex A the details of the legal arguments of One Voice on the issue. Without over-simplying it, we submit that the Constitution’s first condition for the validity of a proposal is that it should come from “THE CONGRESS”. Since the Congress is specifically defined as consisting of both the Senate and House under Section 1 of Article VI, any proposal that does not include the institutional participation of both chambers in its convening or deliberations or at the least in the ratification of any proposal before its submission to the Comelec cannot be the subject of a plebiscite. If that first condition is not complied with, all other issues are academic – such as, the use of the term constituent assembly, the number of votes needed, the minimalist approach mentioned by Fr. Bernas in his book, a plebiscite as the final arbiter of differing positions, etc. The oversight committed by the 1986 Constitutional Commission in not adjusting the text to conform to a bicameral legislature after drafting it initially for a unicameral legislature does not affect the conclusion. The material and enabling part of the text which would appear in any version is the reference to “the Congress” as itself defined in the Constitution.

    As to the issue of when the issue becomes justiciable, we submit that only upon the submission of the proposal to the Comelec for the scheduling of a plebiscite is there a justiciable issue. For that is when the House would go beyond the boundaries of its exclusive prerogatives, such as the writing of its own rules of procedure or conducting deliberations or approving their proposals separately. To illustrate, in the event, that after going through its own proceedings, the House decides to abandon the idea for whatever reason, it has only managed to shoot itself in the foot although it may be taken into account for wasting the people’s money.

    Mode of Amending the Constitution

    With regard to the mode of changing the Constitution, each of the modes has a role and place in the amendatory system,.with a constitutional convention as the most transparent and acceptable mode at this time of political turmoil, the reality of a highly disproportionate distribution of wealth and political power in the country, and of a growing alienation from and even distrust of democratic processes and institutions. Particularly if the issue is about overhauling the political system and the probable outcome of the changes is a greater concentration of power to those who have it.

    At this point, may I be allowed to cite certain finding on two subjects that most pre-occupy the debate on charter change – the parliamentary vs presidential system and the economic provisions. I will not comment at this time on the two other issues – federalism vs. a unitary system since this is apparently not imminent in the plans of the administration, and the issue of bicameral vs. unicameral legislature on which the senators are already the most knowledgeable.

    Parliamentary vs. presidential system – We are told that after 60 years of a presidential system with a bicameral legislature, the Philippines has not progressed and has repeatedly experienced political instability Therefore, we are told, the presidential bicameral system is the main cause for these problems and must be changed if we are to modernize, and, through efficient governance, attain political stability and economic progress. In short, the answer to our problems is a parliamentary bicameral system.

    On the contrary, studies that attempt to explain the complex issues of growth differentials among countries cite government policies as the most relevant factor for the differences. Empirical evidence in studies of some 95 countries over as long a period as 65 years show: that:

    1. On corruption: There is conflicting empirical evidence as to which form of government will lead to lower corruption;

    2. On democratic survival (vulnerability to military takeover) there is conflicting evidence as to whether constitutional type has any significant bearing on the survival of democracies;

    3. On government spending: the evidence is strong that presidential regimes have smaller government (smaller government spending as a percentage of GDP) than a parliamentary regime.

    4. On structural reforms (openness, protection of property rights). A parliamentary system is systematically correlated with structural policies. although this does not necessarily translate into better economic outcomes.

    5. On economic performance: as measured by per capita GDP, total factor productivity, and labor productivity - a new presidential system grows faster than a new parliamentary system by about 1.5% a year.

    This does not mean that these findings will or will not be duplicated in the Philippines since there are unique circumstances in every country. But they do say that there is no conclusive evidence for the claimed advantages of a parliamentary system. Moreover, the shift would worsen the concentration of power. And given the present political culture, the question is, will the behavior of politicians improve by giving them more power?

    Moreover, according to the DILG Foundation study, the preconditions for a successful parliamentary system are strong political parties, strong bureaucracy and a credible electoral process. Are these present in our country today?

    On the economic issues: we are told that restrictions on foreign ownership in the economic provisions have closed the door to massive foreign direct investment because the investment climate is stifled and therefore, there is lost employment and growth opportunities. Moreover, these provisions are anti-poor.

    Macro-level data shows an association between FDI and higher levels of income, but do not establish causality. Also, no generalization can be made between the activities of foreign firms and distribution of income in a country.

    Historically, while FDI may have positive externalities, it has played a minor role in the growth of most high-performing Asian economies:

  • 1967-1986 countries where FDI >5% of GDI were HK, Malaysia and Singapore. Countries where FDI <2% of GDI were Taiwan, Korea, China and Japan
  • More recently, Except for China and Singapore, FDI in East and SE Asia comprise <10% of GDI.
  • Factors affecting investment (per Word Investment Report and surveys of investors themselves):

  • adequate infrastructure
  • skill levels (human capital)
  • quality of general regulatory framework
  • clear rules of the game – no uncertainty
  • fiscal determination.
  • Charter change is not a priority condition for FDI.

    More specifically on the Philippines, a study by Jeffrey Sachs, the noted Harvard economist that once proposed that the Philippines should repudiate its foreign debt – the most important factor for the growth differential between the Philippines and its Asian neighbors is the stability of institutions and government policies.

    The Philippines allows land leases up to 75 years (like China) and has condominium laws on housing. Moreover, it appears that investors:

  • consider 40% ownership in some industries sufficient “control”
  • can live with “super majority provisions sufficiently protective of their rights
  • liberal interpretations of “capital”
  • legislative solutions, i.e. redefinition of boundaries of an industry
  • innovative financial instruments
  • In sum,

  • the claim that the economic provisions of the Constitution have closed the door to FDI are not borne out by the facts – problems are being addressed by liberal interpretations by the courts or administrative agencies, or by legislation, or the use of innovative financial instruments. Amending the Constitution is not likely to open new doors to FDI because for all intents and purposes the doors are already open
  • amending the Constitution will not bring in the FDI unless the factors that the investors consider more important are addressed, which are do-able now.
  • The current economic achievements of government did not require charter change i.e. the fiscal problem has vastly improved with the enactment of one law, urgent concerns (health care, housing, education, peace and order, criminality) can be solved under the present Constitution. Neither is there a need for charter change to accomplish the other programs under the Arroyo Medium Term Development Program.

    In closing, if the diagnosis is wrong, the solution is wrong. A more sober review of the Constitution, like the speeches of the Senators that were distributed to us earlier, must look at it as bigger than any individual or group interest, and that nothing can be so urgent as to rush any amendment, much more revision, without fully considering all its implications and consequences.

    An open season for amendments, either under the current Con-Ass or the planned additional ones under an interim unicameral parliament, the agenda for which is still not fully known to many of us, may well involve the provisions that really help the poor such as those on Social Justice and due process.

    I would he happy to provide the citations for the studies I have cited if the Committee so desires.

    Thank you your Honors for inviting me to this hearing.

    Comments

    One Voice will join the WATCH and PRAY Magmalasakit sa Bayan Prayer Rally

    Let us come together at the WATCH and PRAY Magmalasakit sa Bayan Prayer Rally on Sunday, December 17 at 3:00 p.m. at the Quirino Grandstand, Luneta.

    Some important guidelines for the Prayer Rally:

    1. We will converge at the lobby of Manila Hotel 1 pm. We will leave and proceed to venue at exactly 2 pm. Please ensure to come early for proper briefing.

    2. We should wear our organization shirt. One Voice shirts are available for sale for Php 100.00. Stickers are also available for Php 5. You can order ahead and we will bring them. Again, please be sure to come early. Or you can get them at our Unit 1603B 132 West Ave. Quezon City.

    For more information and confirmation of attendance, please reply to this email or you may text 0915-5617363 (May) or call 3763421 (Irma) or Janette (0920-9508696).

    Please invite your family and friends. Thank you and we hope to see you on Sunday.

    Reference:
    - Watch and Pray: A Sequel
    - Watch and Pray: Magmalasakit Para sa Bayan
    - Watch and Pray for Self-serving Representatives
    - Please. No to Con-Ass, yes to Con-Con

    Comments (1)

    Press Statement on the House Con-Con Proposal

    Press Statement on the House Con-Con Proposal
    One Voice c/o Chairman Christian Monsod
    December 10, 2006

    We view the administration’s action in halting a unilateral Constituent Assembly as an acknowledgment of our people’s firm and overwhelming resistance to attempts to railroad Charter change.

    To be meaningful, two imperative factors must be present for the offer of a constitutional convention by the pro-charter change House leadership:

    1) A commitment to a total revamp of the Commission on Elections, both at the leadership and operational levels, to ensure the free, fair and orderly conduct of elections in 2007 and a possible referendum or plebiscite. This is within the power and influence of the Congress to deliver as the sole body that can impeach erring officials of any constitutional body.

    2) After such a revamp, and if the people really want a constitutional convention, the passage of an enabling law that would ensure broad representation of all sectors in the constitutional convention, to avoid an exact replica of the current House of Representatives. Such enabling law must be the product of bicameral debates and public consultations.

    Our apprehension is rooted in the precedents that have shown the reckless disregard of pro-Charter change proponents in the administration for sober debates and a more democratic, legal and transparent process for constitutional reforms. The so-called people’s initiative was struck down by the Supreme Court for being a manipulated process that did not truly represent the voice of those who were purportedly its authors. The present Con-Ass is a manipulated process because the House is trying to exercise by itself a power that it shares with the Senate. An election of delegates who are elected under an electoral process that is suspect to manipulation is not a credible basis to convene a body that would review our fundamental law.

    One Voice believes that the House proposal for a constitutional convention that bears an ultimatum for the Senate is not borne of a visionary zeal to unite the nation towards a common agenda. It is only meant to derail the growing protest against its machinations and to give the Con-Ass exercise a second life.

    Let the House rebuild its own credibility by channeling its passion for a hasty Cha-cha into the more urgent action of electoral reforms through a total revamp of the Commission on Elections to pave the way for credible elections in 2007, and for any future referendum or plebiscites.

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    Press Statement of One Voice regarding Supreme Court Decision

    Press Statement of One Voice re SC Decision
    Issued by OV Chairman Christian Monsod

    November 21, 2006

    “We laud this decision and the Panganiban court for its legacy of independence and intelligence in resolving momentous issues on democratic processes and checks and balances.”

    “We appeal to the administration to accept the decision and use it as an opportunity to formally discontinue its charter change campaign and instead focus on making 2007 elections credible. Let us turn our attention as a nation to urgent social reforms, and on building greater momentum to current economic gains.”

    “One Voice calls on the government to address the real concerns of the people and foreign investors, within the existing system and by upholding the Constitution. It is time for the President to redefine the national vision consistent with these concerns.”

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