First word
THIS news should waken the republic’s perennial paralysis or complacent and bickering senators to their duties and obligations in office. The solution to the country’s governance crisis and political paralysis could paradoxically lie in the shutdown and defunding of the Senate. Let me explain.
In our 88-year history as a free and independent state, our sovereign people have repeatedly declared their preference for a unicameral against a bicameral body featuring both a House of Representatives and a Senate.
From revolutionary times when Filipino revolutionaries convened the Malolos Congress and commissioned the writing of the first Filipino Constitution to the 1971 Constitutional Convention which drafted the 1973 Constitution, the country’s Charter framers notably failed to recognize the importance of a second or upper chamber in the legislature.
PH legislative history
“The Philippine Congress had its origins as the colonial legislature during the American regime. Under the Philippine Bill of 1902 (Cooper Act) enacted by the United States Congress, Filipinos were given representation in the lower chamber of the legislature of the Philippine Assembly. The Philippine Commission, which was initially composed entirely of Americans appointed by the US president, served as the upper chamber as well as the executive branch of the colonial government. Members of the Philippine Assembly were apportioned among the 34 regularly organized provinces according to population with each province having at least one representative. Manila was treated as a province for the purpose of representation. The assemblymen were elected to serve for a term of two years. This was changed to four years in 1911 by an act of the US Congress.
“The first elections of the Philippine Assembly took place in 1907, with 80 representatives chosen by qualified electors.
“In 1916, the colonial legislature was completely Filipinized. Under the Philippine Autonomy Act (Jones Law), a 24-member Senate replaced the Philippine Commission in the upper chamber, and a House of Representatives replaced the Philippine Assembly in the lower chamber.
“Under the 1935 Constitution, the bicameral legislature was replaced by a unicameral national assembly whose members were to be elected for a term of four years. In 1940, the Constitution was amended to restore the bicameral legislature — the Congress composed of a Senate and a House of Representatives. This change remained in force until 1972.” (Source: “The Philippine Legislature Reader,” 1989).
When the first President Ferdinand Marcos proclaimed martial law in 1972, it effectively shut down Congress and had the effect of suspending all legislative activity until the dictatorial government created interim bodies preparatory to the eventual creation of a legislature.
All these changes curiously had the effect of suspending and aborting the rackets of the politicians who made the raiding and malversation of public funds their area of specialization and expertise. Under Marcos, the pork barrel system was taken out and replaced by a nationwide infrastructure program that sought to include all regions in the ambit of development. Pork barrel for senators was unheard of and had no presence in the national budget.
An interim Batasang Pambansa was initially created and elected; there was an implied decision to do away with the Senate or second chamber altogether.
After the People Power Revolution in 1986, the dictatorial government was toppled and there was a national decision to return to full democracy.
President Corazon Aquino and Vice President Salvador Laurel came to power, and a new Constitution was drafted by the 1986 Constitutional Commission. In 1987, the new Constitution decreed the restoration of the bicameral congress with both a House of Representatives and Senate.
The new constitutional order has been the system in force from that time up to now.
Now it is being suggested that the final solution to the country’s governance crisis may be the dropping of the Senate as the second chamber and as a major part of decision-making in government.
This solution is not as extreme or radical as Hitler’s final solution to the Jewish question.
The Senate today does not have a sterling record to present to the public. It is led by perhaps the most unpopular Senate president in legislative history. Alan Peter Cayetano is an American-Filipino and shifting the blame for his sorry record to his American side of his genes will solve nothing or please anyone.
In confronting the Republic’s political crisis, the Philippine government must find finality and closure in the multibillion-peso flood control scandal. The government must address the damage to the executive and legislative arms of the government.
The nation must approach the challenge with a view to restoring national confidence and trust. And lead the way to national rebuilding and strengthening.
Many critics are right in saying that the crisis has at root a problem of values. Traditional values in the public service and the character of men and women in public office have been under question. Thus, the nation needs reform, renewal and regeneration.
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