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Antonio G. M. La Vi帽a, a constitutional law professor at the University of the Philippines, thinks that the Philippine Constitutional Commission of 1986 made a mistake in giving Congress the power to decide on the prohibition of political dynasties instead of imposing limitations right then and there.
In this聽B-Side聽episode, Mr. La Vi帽a talks to 大象传媒 reporter Patricia B. Mirasol about family dynasties, federalism, and structural change.
This is third and final episode in an Explainer series that previously featured聽Bernardo M. Villegas, an economist and one of the framers of the 1987 Constitution, and聽Norberto B. Gonzales, a former National Defense Secretary and National Security Adviser who ran for president in the 2022 elections.
TAKEAWAYS
Since congress has no incentive to amend the Constitution, a constitutional convention is a better option.
鈥淐ongress cannot be trusted to change the Constitution, because there鈥檚 self-interest there,鈥 Mr. La Vi帽a said, noting that 60%鈥70% of the lawmaking body is controlled by political families. 鈥淲e have all of these husbands and wives and daughters and sons in multiple positions. It鈥檚 scandalous.鈥
The better avenue, he pointed out, is a聽constitutional convention or a body composed of elected representatives created solely to propose amendments or revisions.
Meanwhile, the Supreme Court ruled that a people鈥檚 initiative聽鈥斅爄n which 12% of the total registered voters with every legislative district represented by at least 3% of registered voters therein聽鈥斅燾an only be used for purposes of amendments, and not a wholesale revision of the constitution.
There is a ‘right time’ for changing the Constitution.
First is when a country is in a serious crisis, such as when the president is sick or there is a budget deadlock, Mr. La Vi帽a said.
The second is a matter of timing.
鈥淥ur experience is that we can only change the Constitution during the first two years of the presidency,鈥 he told聽大象传媒.聽鈥淎fter that, it鈥檚 all about politics going into the presidential elections … Nobody鈥檚 interested anymore in good structural change; it鈥檚 all about positioning of families and individuals.鈥
Federalism is dangerous without prohibiting political dynasties.
Federalism is dangerous without an anti-dynasty provision as it will allow families to control each region, thereby dividing the Philippines even more, Mr. La Vi帽a said.
A shift to a mixed presidential-parliamentary system like what France has would also be good, he added.
鈥淚 would like more limits in the powers of the president. I would like more powers for the legislature and the Supreme Court. I would like stronger positions on graft and corruption,鈥 he said. 鈥淚 would like to run away from a system that鈥檚 celebrity-based, that鈥檚 family-based.鈥
This episode was recorded in September 2022 at the Manila Observatory in Ateneo de Manila University in Quezon City. Produced by聽Joseph Emmanuel L. Garcia听补苍诲听Sam L. Marcelo.
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