An online constitutional-convention forum has been launched by the proponents of the “Philippine ReVOTElution 2010” (www.revotelution.com, which is under construction and is presently a section of this MabuhayRadio.com website). A primer has been distributed to a select group of participants but the public may join in the discussion. This is Part One of the primer. Readers may type in their remarks in the User’s Comments at the end of this article.

Here are the components of the proposed changes in the present Philippine Constitution, as suggested by some of the present participants in the online forum:

1.0    One of our ideas in forming an OFW-led political party or alliance of parties is the submission (as part of our platform of government) of a recommendation that the country goes back to the 1935 Constitution, pursuant to a draft that will incorporate the proposed amendments to it. The draft shall seek to incorporate the best features of the Malolos, the 1973 (Marcos) and the 1987 (Aquino) Constitutions plus the Federalization proposal of Senator Pimentel.

2.0    The proponents propose that we organize what we call tentatively as an "Online Constitutional Convention (ConCon)" that would exchange ideas and formulate the working draft, as may be amended.

        2.1    There may be a possibility that those who will participate in this initiative shall be called also as our "Concon Delegates." It is also possible that our "ConCon Delegates" will get to meet in person as a body in 2009 (prior to the start of the campaign period for the 2010 elections). If there will be an election (after June 2010) for choosing the members of a real ConCon, then our own "online delegates" shall be encouraged to run in their respective home districts in the Philippines -- if they meet the requirements of residency and other qualifications.

        2.2    If there are too many able and willing participants for our "Online ConCon," then we will group ourselves into provincial teams. Then the provincial delegates will elect their own chair. In the final analysis, the voting (for the approval of the final draft) will be done by one official representative per province (or per congressional district), as the body may agree upon.

3.0    It is further proposed that we use as the first draft the 1935 Constitution, minus its Parity Amendment.

        3.1    Why choose the 1935 Constitution? Because its framers (even if all of them are dead) probably are held in higher esteem that the members of the 1973 and the 1987 constitutional bodies, with apologies to certain distinguished members of the last two groups.

                3.1.1    To give you an idea of the composition of the 1935 ConCon, here is the description of its so-called "Seven Wise Men," as written in the MabuhayRadio.com's article,  Filipino Literature in English (Part Two): ". . . (Jose S.) Reyes represented the Province of Sorsogon in the 1934-1935 Constitutional Convention. He was a member of the committee of seven delegates who wrote in English the first draft of the 1935 Philippine Constitution. The other members of the committee were Claro M. Recto, Jose P. Laurel and Eusebio Orense of Batangas, Miguel Cuaderno of Bataan, Jose M. Aruego of Pangasinan and Camilo Osias of La Union. The Manila press called them the Seven Wise Men of the constitutional convention. Dr. Reyes eventually became secretary of education under Presidents Manuel L. Quezon and Sergio Osmeña. Later President Osmeña named him executive secretary."

            3.1.2    Dr. Jose S. Reyes was the uncle of this writer and he told me before his death in 1973 that replacing the 1935 Constitution would mean an endless change of THE constitution to suit the ends and motives of the current President. He was certainly correct, as Presidents Marcos and Aquino made up their own Constitution. And now, President Arroyo is trying to "reinvent" the 1987 Constitution to suit her own purposes.

4.0    If we go back to the 1935 Constitution, we have to propose amendments to the said Constitution. Here are some of its suggested changes and/or innovations -- as proposed by some distinguished members of the Filipino-American community of Southern California:

        4.1    The Vice President will automatically become the president of the Senate (following the United States practice) or become the Prime Minister if a Parliamentary system is adopted (assuming the French model is selected). There are many advantages for making the vice presidency carry more responsibility and it would lessen the influence of politics in the selection of the Senate president or even of the Prime Minister.

 
        4.2        The Philippine Senate will be composed of one senator per province, as this will create more representation than electing them on a regional basis; besides, small provinces will not have a chance to elect a senator for the region.

 
Editor’s Note: This “one senator per province” feature has been suggested by Atty. Antero Pagunsan, the president of the Antique Circle of Southern California.

<!--[i                            4.2.1 The composition of the House of Representatives will be left as is but the positions of Party List members may be abolished.

                4.2.2    The legislative pork barrel (in and by any name or term) will be made illegal as an amendment in the 1935 Constitution.

        4.3    The members of the Commission on Elections (COMELEC) will be elected on a regional basis (13 regions, per the Marcos' number of regions) and the elected commissioners will elect from among themselves their chairman. The term of office is guaranteed until age 70, and with the remaining members of the COMELEC overseeing the election for any replacement commissioner (resulting from retirement, resignation, death, incapacity or by impeachment).

               4.3.1    For the first election of the (new) COMELEC, the President, the Speaker of the House of Representatives and the Chief Justice (or their designated representative) will form a troika to oversee the process.

                4.3.2    Introduce public financing of elections, as practiced in the United States, and other innovations as suggested in this series of articles,  "Reinventing" Filipino Suffrage

        4.4    The Department of Education will be abolished and replaced by Provincial School Districts, whose members shall be elected. The chairpersons of the provincial school districts will then elect from among themselves the Secretary and at least three Undersecretaries of Education and as a constitutional body, it shall be independent of the Executive Department. (The election for the Provincial School Districts will be held simultaneously with the election of the regional COMELEC commissioners.)

        4.5    Even if the country does not choose a Federal form of government, the President shall be obligated to name regional Secretaries for all the Cabinet positions, so as to represent the country's 13 regions (with the exceptions of the Departments of Defense, Homeland Security, Treasury and Foreign Affairs -- for obvious reasons). This move will mean a de-facto federalization of the country, without becoming a Federal Republic.

                4.5.1    If the voters will opt for a Federal Republic, then the President will have only four members of the Official Cabinet representing the Departments of Defense, Homeland Security, Treasury and Foreign Affairs.

        4.6    Copy and strengthen the First Amendment of U.S. Constitution and incorporate therein the decriminalization of libel.

        4.7    Copy and strengthen the Fifth Amendment of U.S. Constitution and incorporate therein the option of a trial by jury, with the option given to the defendant or respondent and the "reinvention" of the criminal-justice system of the Philippines. More details on this feature are found in this article,  Reinventing the Philippine Criminal-justice System

                4.7.1    Under this proposal, all government officials and employees, including all those elected (except the positions for the constitutional bodies), shall be considered, and are automatically sworn in as, members of the Armed Forces of the Philippines and shall, therefore, undergo a swift trial by court martial (that is truly a trial by a jury) for any violation of law and/or the Constitution or the Articles of War; and decision is handed in a maximum of 60 days. The court-martial verdict can be appealed only to the President, as Commander-in-Chief, and the decision is handed down in a maximum of 45 days. If the accused is the President or the Vice President, or the members of the Supreme Court and/or other constitutional bodies, the impeachment process -- as exercised by Congress, as found in the original 1935 Constitution -- is followed.

        4.8    TRANSITORY PROVISION. If the Filipino voters will approve the return to the 1935 Constitution and ratify the amendments, then the OFW-led political party's presidential and vice-presidential slate (if elected in the 2010 elections) will not run in a fresh presidential, senatorial and congressional elections that will be called within six months after the election for the COMELEC members. The President and Vice President will provide the national leadership in transition and will see to it that the fresh election will be conducted without vote buying, cheating, intimidation of voters and violence.

5.0    The above-mentioned proposals are only some of the ideas advanced. The purpose, therefore, of the proposed "Online ConCon" is to improve the draft, come up with more innovations and eventually approve the final draft, which will in turn be ratified by all the members of the OFW-led political party (or an alliance of parties).

5.1            Letting the registered members of the OFW-led party (or alliance of parties) approve by actual vote on the proposed draft of the constitution (as drafted by the "Online ConCon") will not only be an exercise of pure democracy but it will also be a dry run in finalizing voters' list and teaching them the intricacies of the election process, the counting and tabulation of election results, counteracting cheating, etceteras, etc.

(To be continued . . .)