People’s Initiative arguments

To pre-empt the ongoing People’s Initiative signature campaign to amend the provision of voting by Congress sitting as a Constituent Assembly in amending or revising the 1987 Constitution, Senate President Migz Zubiri has filed Resolution of Both Houses 6, calling for amendments to the economic provisions of the Constitution.

The 1987 Constitution provides three methods in proposing amendments: A People’s Initiative, a Constituent Assembly, or a Constitutional Convention. Amendments via People’s Initiative cannot be stopped by either the executive, legislative, or the judiciary branch because this is an act reserved to the sovereign.

Strictly speaking, therefore, even if there is a call by the legislature for a constituent assembly, it does not bar the people from initiating a People’s Initiative to amend the Constitution. Even if all the heads of the three branches of government agree to an amendment to the Constitution, it will not preclude the people from initiating their own proposal.

While there may not be much argument on this legal point, all the gatekeepers of the 1987 Constitution, traditional media, and those who oppose change in the Charter question whether this on-going People’s Initiative campaign is really coming from the people, and whether or not the people really understand the particular amendment that is being proposed by them.

I think this is nothing more than a deep-rooted sentiment and political bias against those who try to introduce changes to an imperfect document. Did we ever question whether the 16.6 million Filipinos who voted yes to ratify the 1987 Constitution really understood the content of a document that is 32,000 words long? Of course not. It was more of a vote of confidence for then-President Cory Aquino, a ratification of her victory in the 7 February 1986 election (see Section 5, Article XVIII, Transitory Provisions).

It’s hard for the gatekeepers of the 1987 Constitution to accept the ongoing People’s Initiative campaign because this method of amending the Constitution is a consequence of the People Power revolt in 1986. To them, it is available only in times when the people are shackled by an abusive government. It is this fear of another dictatorship.

Ironically, it is this fear that led us to path dependency. Path dependency in economics refers to the tendency to rely on past experiences for outcomes rather than current conditions. This path dependence has greatly impacted our economic and market development. As President Marcos Jr. aptly puts it, the 1987 Constitution is not written for a globalized world. The gatekeepers are stuck to the past.

Can the people not take action through the People’s Initiative in support of change? What if the people support their leader’s call for change through this method of People’s Initiative?

We cannot continue to define People’s Initiative the way it suited us from 40 years ago. Same strategies, same results. We are now in the age of globalization and digitalization; we have to act.