To its credit, the Consultative Committee to study the 1987 Constitution is focusedly going about its duties amidst varied political distractions. Knowing its frenzied pace of work, I hope the Committee won’t mind this unsolicited list of proposed changes to the Constitution (some contained in my July 2016 article “Suggested Changes to the Constitution”):
Supremacy Clause — Believe it or not, there’s no legal basis for actually saying that our Constitution is the supreme and fundamental law of the land. For some reason, the framers of the 1987 Constitution overlooked providing for a “supremacy clause,” like that of Article VI.2 of the US Constitution. Indirectly of course, there is Art. VIII.5 of the Constitution. But that is as far as the Supreme Court goes. Anyway, it wouldn’t hurt to put an express and clear “supremacy clause” in our Constitution.
A leaner more flexible Constitution — Delete Arts. XI to XV of the Constitution. They have no place being there and are better off left to the discretion of Congress. The “impeachment provisions” could be placed under the General Provisions.
Voter qualification: Raise voting age to 25 — As I wrote last week, scientific research indicates that the human brain attains full development at about 25 years of age. Such, at the same time, corresponds with other scientific findings suggesting that the youth today goes through an extended adolescence period, ending (again) around 25 years of age.
Voter qualification: Require all new voters to pass a civics exam — with the Philippines having a 99% literacy rate and considering one needs to pass various tests just to drive an automobile, it makes sense that voters prove knowledge (consequently, the desire to have knowledge) about the country whose officials and issues they’ll be voting upon.
Presidential tandems — The president and vice-president should be voted together, with the choice of the vice-presidential candidate left to the presidential candidate. Whatever reasons given in the past for non-tandem voting, experience shows it does not work. By electing a team, the Philippines is assured of a more cohesive government, with the vice-president having better opportunity to be productive governance-wise.
Presidential run-off elections — Presidents should be constitutionally required to have a majority of votes cast, with a runoff election if need be.
Vice-Presidential work — The Vice-President (VP) currently has a monthly salary of P353,476 (plus other benefits), so it’s ridiculous for this public official to not have any specifically designated work. Constitutionally, the VP could preside over the Senate, with voting power available in case of ties. Or at least reserve a cabinet position, preferably Finance (as that would be a serious training ground for one who should be ready anytime to assume the presidency).
Supreme Court as constitutional court — Only purely constitutional questions should reach the Supreme Court, all other issues can stop at the Court of Appeals.
Removing Supreme Court retirement ages — Considering that the average life expectancy for Filipinos have steadily risen through the years (better nutrition, health care, available medicines, etc.), imposing retirement ages of 70 makes no sense. Consider further that a lawyer’s ability to be better at his job is commonsensically related to the experience he has gained from it.
Court of Appeals (CA) — The Congress can legislate that divisions of the CA be assigned jurisdictionally and physically to different regions or provinces.
The Senate — Apportionment for the Senate should constitutionally be converted to a regional or provincial (including autonomous regions) rather than national basis, thus ensuring greater equal representation. Furthermore, have Senate members be appointed by the respective Provincial Boards, not elected directly by citizens; it lessens cost and makes the senators more accountable to that region or province.
Local Government — Local government units (LGU) can be further strengthened by simply amending the Local Government Code (not necessarily through the Constitution). The power to make investment, trade, and customs regulations, and provide education, welfare, and health services should be devolved to, with primary responsibility in the hands of, the provinces. The national Departments for Trade, Education, Welfare, and Health shall now be relegated to mere coordinating agencies. The LGU shall be solely responsible for raising domestic revenue and developing export markets. The national government shall focus on merely addressing trade remedy and security issues. All LGU earnings shall remain with the LGU, with the consequence that no province is entitled to any more share from the national budget. This renders the need for a federal form of government less urgent, thus allowing time for further study on the matter.
Civil Service — The structure should be amended (and this can be done through revising the civil service code rather than constitutional amendment) so that only department secretaries are appointed by the president, with the rest (i.e., undersecretaries down) being permanent employees of the government. This has the advantage of a more stable, professional, and politically neutral civil service system with better institutional memory.
Jemy Gatdula is a Senior Fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.
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