Chief Presidential Legal Counsel Juan Ponce Enrile on Wednesday proposed the restoration of the 1935 Constitution, citing that the 1987 framers “mangled” provisions of the 1935 and 1973 Constitutions.
During the fifth hearing of the Senate Committee on Constitutional Amendments and Revision of Codes on Charter change proposals, Enrile suggested reverting to the 1935 Constitution, saying it was “brief, simple, and easy to understand.”
“Now, if you will ask me what we should do, I believe there are many things. First, my proposal is we go back, that is my preference, I’m not binding anybody, go back to the 1935 Constitution or at the very least if we want to change it immediately, go to the 1973 Constitution,” he said.
Enrile also slammed the deletion of the phrase “imminent danger” in the 1987 Constitution, which had been an important factor in the declaration of martial law on 21 September 1972.
“They mangled the martial law provision. When we declared martial law, it was simple. The Supreme Court cannot interfere. Nobody can interfere, the power of the president was absolute,” he said.
The former Senate President said it would be better to restore some provisions of the 1935 or 1973 Constitution, which allow the President to declare martial law if there is an “imminent threat” of invasion, insurrection or rebellion — unlike Sec. 18, Art. VII of the 1987 Constitution where martial law can be declared only when these events are occurring.
“What use is martial law if the threat has come to pass?” Enrile asked.
“They purposely did it to weaken the Republic of the Philippines, because their goal was to control the Constitution and take over the power of the Republic of the Philippines. Nothing more, nothing less,” he added.
To recall, former President Corazon “Cory” Aquino, the successor of former President Ferdinand Marcos Sr., who was toppled in power after more than 20 years in office, overhauled the Constitution through her Proclamation No. 3.
Aquino ordered the Constitutional Commission to draft a new charter that is “truly reflective of the ideals and aspirations of the Filipino people.”
’Elect 48 senators’
Likewise, Enrile suggested doubling the number of elected senators to 48 due to the country’s growing population.
“If we are going to change the number of senators at the present time, to be in tune with the number of the expanded population of the country (because) at the time of the adoption of the 1935 Constitution we are only 12 million people,” he said.
Now, we are more than 100 million people and if we are going to increase the number of senators, I would suggest that we double the present number [from] 24 to 48,” he added.
Enrile said with the 48 senators, 16 should be up for election every two years to ensure that there will be “new, fresh, and modernized minds will enter the system to contribute to the intellectual capability or academic capability of the remaining members.”