Several attempts to enact constitutional reform have taken place in the Philippines in 2024. This originated with President Bongbong Marcos and his allies' efforts.
The political dispute has been characterized by the conflict between the upper and lower houses of the Congress of the Philippines. The House of Representatives is in favor of amending the constitution, while the Senate is opposed to it, with the latter being supported by several high profile politicians such as Marcos' predecessor Rodrigo Duterte.
Background Charter change in the Philippines Constitutional reform in the Philippines, commonly referred to as charter change or colloquially as cha-cha, involves the political and legal procedures required to modify the existing 1987 Constitution of the Philippines. According to the interpretation of the Constitution, amendments can be proposed through one of three approaches: a people's initiative, a constituent assembly, or a constitutional convention.
Amid impeachment complaints during her presidency, President Gloria Macapagal Arroyo called for a shift to a parliamentary system, stating the Philippine political system "has now become a hindrance to our national progress".
During the presidency of Rodrigo Duterte, discussions and proposals related to charter change began as Duterte expressed support for amending the constitution to shift the country's government system to a federal republic. However, the push for federalism was put on hold in 2019 after heavy political division and disagreements within his administration and among his political allies.
People's Initiative
The people's initiative (PI) outlines the procedures for constituents to propose amendments to the constitution through a petition process. The process is summarized as:
A petition for a people's initiative must be signed by at least 12% of the total number of registered voters, with each legislative district represented by at least 3% of its registered voters. The Commission on Elections (COMELEC) verifies the authenticity of the signatures and ensures that the petition complies with the requirements set by law. If the petition is deemed valid, the proposed constitutional amendment is subjected to a national referendum. A majority vote in favor is needed for the amendment to be ratified.
Marcos administration President Bongbong Marcos has been a major supporter of charter change, running as a candidate for the Partido Federal ng Pilipinas during the 2022 presidential election, which supports changing the system of government to a federal republic. During his presidency, Marcos said that the country has "taken steps" towards a shift to federalism.
Timeline PI movement and alleged bribery In January 2024, the People's Initiative for Reform Modernization and Action (PIRMA) initiated a PI attempt. The proponents suggested that both chambers of Congress, the House of Representatives and the Senate, should vote jointly on the proposed amendments in a constitutional assembly. However, the 24-member Senate has opposed the proposal, as its vote would be outweighed by the 316-member House of Representatives.
The effort gained controversy when Albay Representative Edcel Lagman revealed constituents were allegedly offered ₱100 to ₱10,000 for their signatures. Some constituents also claimed that they were not informed that they were signing forms relating to constitutional change and instead were told that the forms were for government subsidy. On January 9, president Marcos' sister, Senator Imee Marcos disclosed that up to 20 million was allegedly offered to each congressional district that could deliver the required number of signatures that support the Charter change pushed in the House. While the proponents claimed that they have achieved the minimum 12 percent national voter threshold on January 23, COMELEC suspended the proceedings due to the alleged reports of bribery.
Amidst the controversy, Bongbong Marcos said that while he is in favor of charter change and PI, reiterated that he only supports changes in the constitution's economic provisions and not political ones. Imee Marcos accused House Speaker Martin Romualdez of spearheading the initiative for Charter change and questioned the initiative's motives, saying the restrictive economic provisions have already been addressed in the past Congress through the enactment of the Retail Trade Act, Foreign Investments Act, and Public Service Act. During a hearing by the Senate Committee on Electoral Reforms and People's Participation on January 31, PIRMA lead convenor Noel Oñate admitted discussing with Romualdez about the PI and claimed responsibility for a signature drive campaign, but denied the allegations of bribery.
On another hearing in February 2, witnesses from Davao City said that they were promised government aid through aid program of the Department of Labor and Employment and the Department of Social Welfare and Development as well as ₱4,000 in cash in exchange for their signatures in the PI forms. Rene Estorpe, the barangay captain of Agdao Centro, claimed these promises came from the PBA Partylist, a party-list political party representing the country's athletes. A PBA party-list coordinator from barangay San Antonio admitted to distributing coupons for government aid to lure people in her village to sign for the PI forms. Marikina Mayor Marcelino Teodoro ordered the arrest of people found offering money to residents in exchange for their signatures for the PI forms.
Catholic Bishops' Conference of the Philippines President Pablo Virgilio David warned the public about the potential deception in the gathering of signatures for the people's initiative, suggesting the PI was mainly driven by "a few public servants and not truly the initiative of ordinary citizens". Retired Chief Justice Hilario Davide Jr., a member of the 1986 Constitutional Commission that crafted the 1987 Constitution, opposed proposed amendments and revisions to the charter, describing such proposals as a "lethal experiment, a fatal hit, [and] a plunge to death"; he also warned against amending the "restrictive economic provisions" of the Constitution, saying that "the day will not be far when public utilities and advertising industries will be under control or even under the full ownership of aliens".
Removal of term limits
On January 18, the University of the Philippines (UP) Office of the Faculty Regent, All UP Academic Employees Union, and Altermidya held the Birdtalk 2024 Yearstarter, where Ibon Foundation economists questioned the economic arguments for charter change. The proposals according to Sonny Africa of Ibon will not resolve but will only worsen the country's economic crisis. Africa stated that foreign investments have short-term gains but hinder long-term national development. Africa said that charter change proposals also carry hidden motives through which Marcos and his political allies aim to remain in power.
In February, political scientist Aries Arugay called charter change a "Trojan horse" that aims to allow the removal of term limits for the Philippine president. In March, human rights group Hustisya said that charter change could bring about another dictatorship, referring to the dictatorship of Ferdinand Marcos, and more human rights abuses. Hustisya also compared the human rights abuses under Ferdinand Marcos and Bongbong Marcos.
Davao City prayer rally A prayer rally was held in Davao City on January 28, only hours after the Marcos administration's Bagong Pilipinas rally, in opposition to the PI and charter change. The prayer rally was notable for the attendance of high profile politicians such as former president Rodrigo Duterte, vice president Sara Duterte, Imee Marcos, Davao City mayor Sebastian Duterte, Bongbong Marcos' former executive secretary Vic Rodriguez, and former presidential spokesperson Harry Roque.
During the rally, Rodrigo Duterte accused Marcos of consolidating power for himself and his allies by attempting to increase the term limits of the president and members of congress, and warned that Marcos will "suffer the same fate as his father," referencing the overthrow of former president and dictator Ferdinand Marcos Sr. through the People Power Revolution in 1986. Duterte also accused Marcos, First Lady Liza Araneta Marcos, and Speaker Romualdez of orchestrating the PI and called on the Armed Forces of the Philippines (AFP) and the Philippine National Police to "protect the constitution"; he also vowed to arrest the proponents of the PI if he were to ever return to power.
Rodrigo Duterte accused Marcos of being a drug addict, claiming that Marcos' name was on the list of drug personalities published by the Philippine Drug Enforcement Agency (PDEA) during his tenure as mayor of Davao, and also alleged that those in government and the AFP has knowledge of Marcos' drug addiction. However, this was later denied by PDEA, who said that Marcos was never in their list of drug personalities since the database was established in 2002. In response to Duterte's accusation, Marcos sarcastically said that Duterte's judgment was allegedly affected by his use of fentanyl, in which he said Duterte has been taking for the last five years. Duterte replied saying the drug was prescribed by a doctor to relieve pain from injuries he sustained from a past motorcycle accident; he also suggested that Marcos take a public drug test in Luneta Park together with him.
Sebastian Duterte demanded Marcos' resignation during a political forum held at the same day, accusing him of laziness and incompetence. According to Imee Marcos, Duterte later retracted the statement and apologized. However, Duterte clarified that he was not apologizing to president Marcos and he was only apologizing to Imee Marcos "out of pity" and demanded she stop "using him" for political statements.
Mindanao secession calls
On January 30, Rodrigo Duterte expressed frustration on how the government uses resources and taxpayers' money and revived an initiative that Davao del Norte Representative and former House Speaker Pantaleon Alvarez advocated for political forces from Mindanao to start a movement for a "separate and independent Mindanao". Duterte said that Alvarez will head the independence movement and further explained that the movement will not start a rebellion nor will it cause "bloodshed" but will follow international laws to achieve its goal. Alvarez thanked Romualdez, explaining the ongoing PI has added fuel to renewed calls for Mindanao independence.