Ex-Chief Justice Davide says constitutional amendments at this time a 'lethal experiment'
By Dhel Nazario
Retired Supreme Court Chief Justice Hilario Davide Jr. reiterated his firm and unchangeable stand that there are no valid, serious, and compelling reasons to amend the 1987 constitution.

He mentioned this on Monday, February 5 during the first hearing of the Subcommittee on Constitutional Amendments and Revision of Codes chaired by Sen. Sonny Angara which is tackling Resolution of Both Houses (RBH) No. 6 proposing amendments to Articles XII, XIV, and XVI of the 1987 Constitution.
"I will not hesitate to say again that amendments to or revisions of the Constitution at this time would be a lethal experiment, a fatal hit, a plans to death, a leap to hell, it will be a cha-cha dance to the grave or to hell," he said.
"If at all there is a need to amend the constitution it must be based on the most compelling grounds or reasons. It must foremost, be for the vast interest of the country and the people, now and in the future, and not for a chosen few. It is to solve serious problems not to create new ones. It must be in pursuance of and in compliance with the declared principles and state policies and it call to of the Constitution," he explained.
The former head magistrate stated that what the country and the people currently needs are not amendments to or revision of the Constitution but the full implementation of its principles and state policies
He mentioned that either intentionally and with evident bad faith or incompetence or neglect of duty on the part of concerned government officials, the state or congress have not fully and meaningfully complied with the Constitutional commands and mandates.
He said that due to this, a vast majority of the provisions especially on social justice on economic development on abolition of political dynasties among many others have remained unimplemented to the great prejudice of the people especially the poor, the marginalized, the underprivileged or "the least, the last and the lost".
Davide said that while there are obstacles to economic development or progress, he said that the provisions proposed to be amended and all other provisions of the national economy such as those proposed to be amended in the House of Representatives (HOR) which is Resolution of Both Houses no. 2 that includes the economic provisions pertaining to agriculture, land ownership, and lease are not the culprits or the causes of the country's massive social, economic, political, moral and ethical problems and debacles.
He reiterated how the problems are not due to the restrictive economic provisions of the Constitution and how they cannot be solved by removing the restrictive economic provisions and completely leaving to Congress the future under the clause "unless otherwise provided by law".
"On the contrary, they would create more serious and disturbing problems and consequences which I will show later," he added.
RBH6 proposals
When it comes to the provision on education, Davide said that under RBH6, it leaves to Congress the power to change at any day and time the Filipino citizenship requirement in basic education.
He said that this proposal opens to foreign control or dominance of basic education which is the most crucial in the development and growth of the youth.
"With foreign control or dominance in our basic education we would put asunder the noble patriotic and nationalistic virtues which are constitutionally mandated to be a part of the curricula of all educational institutions," he added.
Davide asked if foreigners at the helm or control of our educational system can be expected to seriously and heartily obey the state policy on education and curricula mandates.
"For instance, if a Chinese educational entity would now come in, do you expect it to be faithful enough to comply with these mandates? Would not its teachings focus on Chinese philosophy or even on the life of Mao Zedong?" he said.
With regard to proposals affecting provisions of public utilities and the advertising industry, he said that there are already amendments to the Public Service Act.
But Davide expressed concern about leaving to Congress the power on Filipino citizenship requirement, adding that the day will not be far when public utilities and advertising industries will be under the control or even under the full ownership of aliens.
"I repeat what I had been asserting before, that relaxing the Filipino citizenship requirement in the economic provisions of the country would easily convert our Congress into a 'fee market' of lobbyists of foreign countries or businessmen to obtain amendments in their favor. Congress will cease to be a free market of noble, nationalistic, patriotic ideals and ideas," he said.
Davide reminded senators that the Senate is the conscience of the republic.