Constituent Assembly is Dead

Constituent Assembly is Dead
Joel Rocamora
Institute for Popular Democracy, January 2003

The House of Representatives’ plan for a Constituent Assembly (Con-Ass) is all but dead. It was effectively buried by the Senate’s opposition. Pres. Arroyo’s public announcement of her preference for Constitutional Convention (ConCon) was the final nail on the Con-Ass coffin. With the Senate expected to approve Senate President Frank Drilon’s proposal for electing ConCon delegates at the time of the 2004 elections, the only remaining step for convening a Concon is for the House to reaffirm its pro constitutional reform stance, and vote for a Concon.

These momentous developments all happened in the week beginning Saturday, January 11 and culminating on January 17. By the weekend of January 11, it was already clear that Senator Ed Angara’s attempt to seize Senate leadership from Sen.Drilon had failed. This was the last chance for getting Senate approval of a Con-Ass. Because Sen.Angara was the main proponent of a Con-Ass in the Senate, his assumption of the Senate presidency would have put him in good position to win Senate support. His failed attempt angered Sen.Drilon, driving him to push for a Concon.

Saturday, January 11 also saw the founding assembly of the December 30 Movement, a gathering of civil society and business leaders in support of President Arroyo’s program. While President Arroyo’s December 30 announcement reversed her declining support in civil society, many of the same leaders signed a statement urging President Arroyo to reject Con-Ass, and support ConCon 2004. It was also reported at the assembly that Cory Aquino already supported this stance.

On Monday, January 13, the House leadership postponed its plan for the House to approve the Committee for Constitutional Reform proposal for a Con-Ass. This was replaced by an all parties caucus on January 15. While an overwhelming majority of those who attended supported the proposal, postponing a formal decision will make it less difficult for the House to backtrack on its plans. In addition to the seven solons who opposed Con-Ass at the caucus, the minority congressmen announced their withdrawal of sponsorship of the Constitutional Reform committee Con-Ass proposal.

At a meeting with civil society leaders on Thursday, January 16, Sen. Drilon expressed his determination to push for Senate approval of his proposal for a ConCon in 2004. The civil society leaders present expressed their full support and committed to campaign to win public approval. They also revealed that in addition to Cory Aquino, Cardinal Sin had also expressed support for the ConCon 2004 plan. Sen.Drilon and the civil society leaders agreed to step up plans to persuade President Arroyo.

They were all surprised the following day when President Arroyo told a Japanese media team that she indeed supported the Concon formula. Showing the same capacity for political timing and drama as in her December 30 announcement, at one stroke, President Arroyo dispelled rumors that she secretly supported the House Con-Ass plan and its No Election extensions. These doubts threatened to dissipate the political capital she had gained with her Rizal Day announcement. By announcing support for ConCon 2004, President Arroyo showed that she understands the importance of amending the 1987 constitution, and its place in the escalating political reform process.

Cardinal Sin’s and Cory Aquino’s proposal for a referendum in May 2004 to decide whether to have constitutional reform at all takes us back to the beginning of the process. The political public – parties, politicians, civil society, and business groups - all see the need for reforming our political system through amendments to the constitution. What needs to be settled now is the mode of amendment. A referendum will cost more money because if Chacha wins, delegates to a constitutional convention will then have to be elected after the May 2004 referendum. Worse it will revive the constituent assembly advocacy which they oppose.

Senator Arroyo and Bayan Muna oppose constitutional reform because, they say, too many personal political interests are brought into the debate. The point precisely is that on this issue, at this time, the political interests of key players coincide with their perception of the need for political reform. Bayan Muna is interested in ‘smashing the state’ not political reform. What about Sen. Arroyo? And what about Speaker De Venecia? Where does his personal political interest coincide with his leading role in constitutional reform?

The ball, as they say, is now back in the House’s side of the court. Their attempt to "shoot the moon" has failed. But they have ample political capital built up from their work in pushing the idea of constitutional reform to start with. Con-Ass backers are already losing support even in the House, starting with minority congress persons, and reportedly the Liberal Party. The key will be what Lakas decides at its caucus with the president on Monday January 20.

Copyright 2002 Institute for Popular Democracy