A looming shadow falls over the Philippine Supreme Court as proposals for Charter change gain momentum, sparked by a recent ruling regarding Vice-President Sara Duterte-Carpio’s impeachment case. Analysts warn that these amendments, championed by Senate President Vicente Sotto III, could fundamentally shift the balance of power, potentially weakening the judiciary.
The core concern revolves around a concentration of authority within the Legislative and Executive branches. Political science professor Anthony Lawrence Borja of De La Salle University explains that the outcome hinges on how any constitutional revisions address the separation of powers – a cornerstone of democratic governance.
The Supreme Court’s decision to block the impeachment proceedings, while legally sound, has inadvertently thrust the High Court into the heart of a political battle. Borja suggests the ruling exposed the Court to the very power struggles it traditionally seeks to avoid, fueling the push for constitutional amendments.
Sotto argues the Court’s action amounted to an “unconstitutional” amendment through judicial overreach, leaving Congress with no alternative but to pursue formal changes to the Charter. This justification, however, is viewed with skepticism by some observers.
Ateneo de Manila University’s Hansley Juliano calls this rationale “shortsighted,” emphasizing that simply addressing perceived procedural issues won’t inspire public trust. He fears the move is driven by partisan motives, undermining the Constitution’s foundational principles.
The recent ruling has also raised concerns about accountability. Jose Enrique Africa, executive director of IBON Foundation, points out that it effectively makes impeachment more difficult, bolstering a climate of impunity given the inherent partisanship within the House of Representatives.
Africa believes that any Charter change process will be heavily influenced by political and economic elites, seeking to dismantle progressive provisions related to economic, political, and human rights. The drive isn’t rooted in genuine democratic reform, but rather in self-preservation.
This pursuit of Charter change, according to Africa, is more about shielding officials from accountability than improving the Constitution. He warns that weakening policies supporting industrialization and development will ultimately hinder meaningful economic progress.
The Philippines has wrestled with the issue of constitutional reform for decades, dating back to the 1980s. Nearly every administration has attempted to alter the 38-year-old Constitution, yet these initiatives have consistently failed to gain traction.
Past attempts have stalled due to a lack of public support and resistance from the Senate, fueled by widespread suspicion of hidden political agendas. The current push faces similar hurdles, raising questions about its true motivations and potential consequences for the nation’s democratic future.
