Ex-CJ Davide: Cha-cha a 'lethal experiment, dance to grave'

Retired Chief Justice Hilario Davide Jr. on Monday warned that amending the 1987 Constitution at this time would be a "lethal experiment and a dance to the grave."

Davide, speaking at the public hearing of the Senate Subcommittee on Constitutional Amendments and Revision of Codes, said there is no valid and compelling reason to amend the Charter as revising some of its economic provisions would be more problematic for the country.

The Senate conducted a hearing on Resolution of Both Houses No. 6, which proposes amendments to certain economic provisions of the 1987 Constitution, particularly Articles XII, XIV and XVI. 

“Our problems are not due to the restrictive economic provisions of the Constitution. They cannot be solved by removing these restrictive economic provisions and completely leaving to Congress the future under the clause ‘unless otherwise provided by law,” said Davide, who was a member of the 1986 Constitutional Commission that crafted the Constitution of the Philippine Republic. 

“On the contrary, they would create more serious and disturbing problems and consequences,” he added.

Davide emphasized that what the country needs now is to adhere to the full implementation of the 1987 Constitution’s principles and state policies rather than pushing for amendments or revision of the Charter. 

He said the Resolution of Both Houses No. 6 would just make basic education vulnerable to foreign control and dominance.

“The proposal (RBH6) opens to foreign control and dominance our basic education, which is the most crucial to the development of our young,” he said, explaining that Article 14, Section 3 of the Charter provides for schools to teach patriotism and nationalism, among others, to young Filipinos. 

“Can we expect foreigners at the helm or control of the educational system to seriously and healthily obey this state policy on education?” asked Davide.

As for foreign ownership, Davide noted it would be “extremely dangerous” to just let Congress decide on the extent of Filipino ownership requirement in public utilities and advertising businesses.

“The day will not be far when public utilities and advertising industries will be under control or even under the full ownership of aliens,” he said. 

Davide stood firm in his unchanging stance on amending the 1987 Constitution. 

“I will not hesitate to say again that amendments to or revision of the Constitution at this time would be a lethal experiment, a fatal hit, a plunge to death,” he said.

“It would be a cha-cha dance to the grave or to hell,” he added. 

He stressed that “it would be a cruel punishment for a God-loving, patriotic and nationalistic people” to change the Charter. 

“It would be [submitting] our people to foreign domination or control. God forbid that we now amend our Constitution,” Davide added.

Also airing her opposition to amending the Constitution, Senator Risa Hontiveros said there is nothing true about the economic provisions in the Charter being restrictive. 

“We have introduced numerous legislation that have already liberalized our sectors. Ilan lang dito ang RA 10641, or amendments to the Foreign Bank Liberalization Act, the Retail Trade Liberalization Act, the Public Service Act and the Foreign Investments Act. So much of the Philippine economy is already open to foreign participation,” she added. 

Hontiveros believes Cha-cha will not solve anything even if lawmakers will only push for pure economic amendments.