Cha-Cha Lobby

Sounding Board : The Charter change foreign lobby

Fr. Joaquin G. Bernas, S.J.
Inquirer News Service

THE MORE NORBERTO GONZALES TRIES TO explain his lobbying contract with an American law firm, the more ridiculous he looks. "Ridiculous," however, is not enough to characterize what has been done. "Treasonous" might come closer.

The first task which the contract gives to the American lobbying group is to "(s)ecure grants or congressional earmarks for support of the Charter change initiative of the President of the Philippines, which would reshape the form of government in the Philippines from its current structure into a parliamentary federal system." Gonzales tried to cover this up by suggesting that what was more important in the contract was the task of seeking a "capability enhancement program for the Armed Forces of the Philippines." The paragraph on capability enhancement, however, comes almost as an afterthought; or more correctly, as a camouflage.

What is being sought is the opposite of the patriotic efforts of Filipino leaders' lobbying in the United States Congress, in the early '30s, for a more honorable Independence Law. Malacañang owes it to the Filipino people to disclose the full story behind this act to subvert the independence of local efforts to revise the fundamental law. The Constitution guarantees the "right of the people to information on matters of public concern." Foreign involvement in the revision of our Constitution is a matter of paramount public concern. It cannot be said that the subject is one of those matters to which public access to information may be limited. The subject does not involve "state secrets regarding military, diplomatic and other national security," even if it involves principally the political aspirations of certain public figures.

Significantly, there is this constitutional rule about financial contributions from foreign governments: "Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law." The proscription of financial contribution to political parties from foreign governments is designed to insulate the electoral process from foreign interference. Accepting such contribution comes close to being treasonous.

The evil becomes magnified when the intended object of interference is the re-crafting of the fundamental law. If acceptance of contribution for such object is not explicitly prohibited by the Constitution, it is not because the Constitution does not see it as an evil but rather because the evil is so obvious that no thinking person can miss it. In fact, this is so obvious to many current high-ranking officials that they have quickly joined in the chorus singing that they know or knew nothing about it.

As if the sin could be covered by making it private, Gonzales has gone on to say that public money will not be spent but that money will come or has come from private individuals. Does a government acquit itself from a criminal liability simply by enticing goons to do a crime?

I am not saying that the alleged private contributors are goons. They may be perfectly honorable, if misguided, individuals. But we should be told, under the right to information on matters of public concern, who these private individuals are. Are they Filipinos or are they foreigners? What are their own private interests? This is a matter that is crying for a public confession and not just a simple acknowledgment of a lapse in judgment.

If there is anything that we should learn from this caper, it is that this administration cannot be trusted with orchestrating the revision of our Constitution. For reasons of its own, whether honorable or not, it is dead set on forcing a switch to a parliamentary and federal form of government. The constitutional revision enterprise is a solemnly sovereign one. It should be insulated from influences that can imprint on the fundamental law directions that do or can undermine national interest. We know from our experience in the electoral process that money can be dangled to deaden consciences. Foreign money should not be allowed, much less should it be sought, to influence popular choice.

Betrayal of public trust was the leading accusation against Gloria Macapagal-Arroyo in the impeachment proceeding against her. That accusation has not been cleared. It has merely been swept under the rug by a subservient House of Representatives. Now comes this appeal for financial assistance from a foreign government to subvert the solemn sovereign task of revising our Constitution. If she had nothing to do with it, she should disown it promptly. If she is its occult author, she should rue it publicly.

Several years ago, when the renewal of the Philippine-US Bases Agreement was the issue, senators stood tall to oppose the President's desire. The nation cheered. Revising the Constitution can be more significant and more far-reaching in its effect than the fate of the US Military Bases in the Philippines. Forces within the current administration, in their desire to have their way in the amendatory process, are bent on drowning the Senate in an avalanche of House of Representatives votes. This is a moment when once again senators should stand tall.