05 FINANCEIs  Your  Bank  Digital?

11 TECHNOLOGYEating  Out  Goes  High  Tech

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you gottasee this04

supergraphic10

!is is not fantasy. !is is not some kind of conjecture. Bashar Al-Assad has used chemical weapons at least eleven times.

~ U.S. Secretary of State John Kerry discussing videos of Syrian gas attacks

!ere has been no evidence that I used chemical weapons against my own people.

~ Syrian President Bashar Al-Assad speaking to CBS News

Center for Strategy, Enterprise & Intelligence provides expertise in strategy and management, enterprise development, intelligence, Internet and media.For subscriptions, research, and advisory services, please e-mail report@censeisolutions.com or call/fax +63-2-5311182. Links to online material on public

websites are current as of the week prior to the publication date, but might be removed without warning. Publishers of linked content should e-mail us or contact us by fax if they do not wish their websites to be linked to our material in the future.

17 LIFESTYLEMaking  Men  Look  Good

23 NATIONReprogramming  the  Philippines

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wow tech16

body lab22

what’s hotwhat’s cool36

The CenSEI Report is now available for elite clients of major corporations at a special corporate gifts scheme. For details, please call or fax +632-5311182 or email marketing@censeisolutions.com

perspective37

and  legal  mind

male  image  consciousness  

Getting Down To BusinessMost  readers  of  The  CenSEI  Report  are  in  business,  including  thousands  of  members  in  the  Philippine  Chamber  of  Commerce  and  Industry  

(PCCI)  who  receive  notice  of  the  publication  by  email  every  fortnight.  For  that  reason,  starting  this  issue,  there  will  be  more  articles  on  

business  and  economy  concerns,  including  three  of  the  four  reports  in  this  journal.

Asian  consumers  and  corporations  will  increasingly  set  world  trends  in  lifestyle  and  culture,  commerce  and  industry.  Hence,  telling  the  story  

of  business  in  Asia  also  points  the  way  that  global  living  and  livelihood  may  take.  That  includes  challenges  posed  by  rising  incomes  and  

consumption  in  emerging  markets.  How  Asia  deals  with  them  holds  lessons  for  the  rest  of  the  world.

So  here  goes  The  CenSEI  Report,  Business  class.  The  Finance  section  features  trends  and  technologies  in  digital  banking,  increasingly  

the  route  that  retail  banking  needs  to  take  in  response  to  the  fast  spread  of  mobile  devices.  More  and  more  people  want  to  get  information  

and  conduct  transactions  via  their  smartphones  and  tablet  computers.  Plainly,  institutions  that  can  help  the  banking  public  attend  to  matters  

Besides  dining,  another  lifestyle  area  covered  in  this  issue  is  men’s  grooming,  now  fast  catching  up  with  the  mainstream  business  of  

making  women  look  good.  It’s  all  part  of  progress  and  prosperity,  of  course.  Not  just  because  Asian  men  can  now  afford  skin,  hair  and  body  

treatments  and  enhancements.  But  also  because  as  societies  get  richer,  image  and  reputation  become  more  important  and  valuable  in  

career  and  relations.

More  business  coverage,  however,  doesn’t  mean  there’s  no  room  for  big  stories  outside  commerce  and  economics.  After  all,  international  

economic  interests  in  the  recurring  attempts  to  rewrite  the  1987  Constitution.  Successful  for  not,  those  struggles  cannot  but  affect  the  

conduct  of  business.

4

:NK�cenSEI�8KVUXZ        

you gotta see this

The world’s 10 most mesmerizing views. , in a Sept. 5 feature, visited travel community site minube, and for

with its take on the world’s 10 most mesmerizing views, which include pictures from tourist favorites in Preikestoken (Norway), Bagan (Myanmar), Isla de Pescado (Bolivia), Rockefeller Center (New York City), Chipeque Viewpoint (Canary islands), and Tunnel View Overlook (Yosemite National Park, California), among others.

The minube site doesn’t have much by way of information on itself, but the Madrid-based site, according to CrunchBase, a technology-company database, does feature travel photography, video, and recommendations from a community estimated at over 550,000 international travellers.

A bad day for gators. September 1 might be a special day for labor in the United States, but it could very well be a day that will live in infamy for alligators in the southern American state of Mississippi – if not forever, then at least for the rest of the year.

That day, Mississippi’s Clarion-Ledger reported not one, not two, but three record alligator hauls.

295.3-pound female alligator that was said to be the state’s heaviest and longest among females,

harvested in the early morning. By mid-morning, another alligator, this one a male weighing in at 723.5 pounds, breaking the state record for males, was caught by another crew. That state record lasted an hour, before the announcement came of another crew landing a 13-foot 4.5-inch, 727-pound male.

To put things in some perspective, alligators are found all over the south and southeastern United States, and while Mississippi made news with its big alligator haul, apparently, larger gators

have been landed elsewhere, e.g., in Texas in May, where a 14-foot 3-inch, 800-pound gator was

hunt in a wildlife management area. (And if one expands the category to include crocodiles, the equally popular relatives of the gator, we think it’s going to take a while before anyone even comes close to landing one that’ll match local legend Lolong, who came in at 21 feet and 2,370 pounds when he was captured live in September 2011 and who died in February.)

FINANCE

Digital  Is  the  Euture  ofRetail  Banking  in  Asia

STRATEGY POINTSChanging consumer needs and preferences are forcing retail banks to revisit strategies, says a McKinsey & Company report

Asia’s emerging economies, youthful demographics, and rapid adoption of mobile technologies are shaping the new Asian banking market

through multiple channels

By Marishka Noelle M. Cabrera

DIGITAL IS THE FUTURE OF RETAIL BANKING IN ASIA

trans

fer f

unds pa

y bi

llsbala

nce inquiry

Re-order checkbooks

Speed and Convenience

real-time  balances

Take control

no lines

View Transactions

24/7

5

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

DIGITAL IS THE FUTURE OF RETAIL BANKING IN ASIA

“

Technological innovation and changing consumer tastes are driving change.

compendium.    

The new Asian banking consumer.

Financial  Times  piece

“

6

:NK�cenSEI�8KVUXZ        

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Internet connection by clicking

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7

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

Financial  Times  

Philippines

Hong  Kong.  

a  

Banking services not operated by banks.  

as  discussed  in  an  

companies  such  as   and  Simple

.  

app.  

DIGITAL IS THE FUTURE OF RETAIL BANKING IN ASIA

8

:NK�cenSEI�8KVUXZ        

Will digitization kill physical branches?  

consultancy  

says  

in  a that  

piece  

business.

DIGITAL IS THE FUTURE OF RETAIL BANKING IN ASIA

9

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

Going digital the right way. Findings  in  a  

DIGITAL IS THE FUTURE OF RETAIL BANKING IN ASIA

10

:NK�cenSEI�8KVUXZ        

Credit: onlineclock.net and Infographic Showcase

supergraphic

What your wake-up call says about you. In this digital age, where timekeeping is the province of our phone and not a watch anymore, perhaps we shouldn’t be surprised to

alarm clock to wake us up. Put another way, if you happen to be one of those people who needs an alarm clock, but can’t afford to keep replacing the ones you destroyed because you couldn’t remember where the Snooze or Off button was, this one’s for you.

An online service, onlineclock.net, offers a virtual alarm clock, a no-frills utility except for customizing the size and color of the display on your screen. And by way of promoting itself, onlineclock.net provides this edition’s Supergraphic, “What Your Alarm Clock Personality Type Is,” a collection of statistics summarizing the idiosyncracies and related quirks of alarm-clock users, courtesy of Infographic Showcase.

83% of 18-to-29-year-olds use their mobile phone as an alarm clock

24% of people sometimes wake up before their alarm goes off

23.3% of people still use a traditional alarm clock to wake up, while 14.9% use a clock radio

More than 50% of people over 55 don’t need an alarm clock to wake up

The average time an alarm clock is set for is 7:04 AM

11

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

TECHNOLOGY

High-tech convenience options sought at both ends of the table.

Microchips on the menuHow innovative technologies are helping restaurants boost dining experience

STRATEGY POINTSAlthough high-tech tools such as wireless payment and iPad menus aren’t common in restaurants just yet, there is strong consumer interest in such options

Consumers want to see the new technology they use integrated into their dining experience

Diners are most interested in tableside touchscreen devices that allows self-order and payment, iPad/tablet menus, and digital rewards tied to loyalty programs

MICROCHIPS ON THE MENU

12

:NK�cenSEI�8KVUXZ        

to  the  

 suggests  that  technology  

Chart from the National Restaurant Association’s 2012 Restaurant Trends Survey as cited in “2013 Restaurant Industry Forecast,” p. 27

Expectations  of  consumers  and  restaurateurs  are  converging,  as  seen  in  this  NRA  infographic,  May  2012

INVESTING  IN  CUSTOMER-­FACING  TECHNOLOGY

MICROCHIPS ON THE MENU

13

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

Interactive tables.  in  

in  a  

Food servant bots.

to  a  MailOnline   The  CenSEI  

Report

Chart from Market Intelligence Report: Consumer-Facing Technology by Technomic, as posted in “High marks for high-

tech restaurant ordering and payment,” Sept. 6, 2012 blog post by Mary Chapman

Posted  on  the  MailOnline

 in  The  Telegraph.  

CUSTOMERS  WANT  HIGH-­TECH  ORDERING  AND  PAYMENT

MICROCHIPS ON THE MENU

14

:NK�cenSEI�8KVUXZ        

At  Inamo  restaurant,  you  can  choose  a  “tablecloth,”  play  video  games,  and  order  a  cab  via  the  interactive  table          BBC

Robots waiters and entertainers serve guests in a restaurant in eastern China YouTube

Mini drone delivers food at London restaurant tables The Telegraph

Suzumo  

 Time   .  

The future of eating out.“

MICROCHIPS ON THE MENU

15

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

Cashing in on tech.  posted  on  

companies  need  to  continually  

 

MICROCHIPS ON THE MENU

16

:NK�cenSEI�8KVUXZ        

Your  wish?  Consider  it  done.   ,  in  an  Aug.  29  feature,  discusses  “Five  Incredible  –  and  

,”  including:  

 With  all  the  bad  news  on  the  global-­‐warming  front,  from    to  rising  seas  and  rising  temperatures,  Ty  McCormick’s  “Hacking  the  Climate,”  in  the  latest  issue  of  Foreign  Policy’s  online  magazine,  might  be  forgiven  for  discussing  “7  far-­‐out  geoengineering  ideas  that  could  save  the  planet  –  or  destroy  it  trying.”

everyday,  run-­‐of-­‐the-­‐mill  problems,  most  of  the  proposals  in  McCormick’s  feature  might  be  characterized  as  “thinking  above  the  globe,”  literally.  The  ideas  include:  

emissions  down  to  -­‐140  degrees  Celsius,  which  would  turn  carbon  dioxide  into  a  kind  of  “CO2  snow”  that  could  then  be  buried  underground

Apart  from  the  discussion  of  these  and  other  seemingly  outlandish  ideas,  McCormick’s  feature  also  contains  a  dubious  history  of  climate  hacking,  which  serves  as  a  reminder  that  

,  which  won  an  AT&T  Mobile  App  Hackathon.

Chilean  startup  company,  Thinker  Thing,  which  

to  record  brain  signals  and  then  training  

brain  signals  with  notes  or  sounds  in  order  to  create  a  musical  language.  The  feature  then  provides  a  link  to  the  University  of  Michigan’s  

 as  an  example.  

wow tech

Men, Too, Want To Look Good And Youthful

HAIR CARE

SKIN CARE

BATH AND SSHOWER PRODUCTS

FRAGRANCES

2010 Global Sales: $49 BILLION

2007-2011 Global Sales: $15 BILLION

(includes whitening soap, lotion, moisturizers, shaving products)

2015 Projection: $58 BILLION

2016 Projection: $16.3 BILLION

2015 Projection: $12.85 BILLION

2015 Projection: $46 BILLION

Source: TCR compilation of data from ReportLinker, GCI Magazine.

17

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

LIFESTYLE MEN, TOO, WANT TO LOOK GOOD AND YOUTHFUL

STRATEGY POINTS

18

:NK�cenSEI�8KVUXZ        

ging

The  Economist

Key drivers of demand.to  

MEN, TOO, WANT TO LOOK GOOD AND YOUTHFUL

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19

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

.  

 in  

.

Big players focus on emerging regions.  

MEN, TOO, WANT TO LOOK GOOD AND YOUTHFUL

20

:NK�cenSEI�8KVUXZ        

MEN, TOO, WANT TO LOOK GOOD AND YOUTHFUL

Look and feel young without grooming products

Not all Asian men can afford the high-cost of personal-care brands. But this doesn’t mean that they can’t maintain looking good and young. Aside from using personal-care products, the following are some advice given for men to maintain looking and feeling younger.

In a guide by Beth Orenstein (medically reviewed by Pat F. Bass III, MD, MPH) as posted on EverydayHealth.com, sleep, diet, and good skin care can take years off one’s appearance.

Skin care. According to Orenstein, staying out of the sun is helpful enough to prevent wrinkles and age spots that surely will make one looks older. Another skin-care tip is to use moisturizer, which cools and relaxes dry skin. The last skin-care tip is to drink lots of water. Six to eight cups of water a day will help keep your skin hydrated, giving skin better tone and a more youthful looking appearance.

Promote wellness. As to wellness, sleeping well can maintain good health that can make one look and feel young. Not enough sleep can result in bags under ones’ eyes and other health consequences that may make one appear

older. Orenstein wrote that one study from the psychiatry department at Penn State College of Medicine found that sleep deprivation affected men’s mental acuity more than women’s. And another study from the University of California, San Diego, found that more men needed naps to reinforce learning. Men also wake up more often and have less slow-wave sleep, which is crucial for memory formation.

Another wellness tip that would be helpful enough to stay looking and feeling young is to prevent smoking. Smoking can also make one look old by creating wrinkles and lines around the mouth and eyes, dulling the skin, and staining teeth. It also can cause a host of health problems that will age you quickly, says Francis Salerno, MD, of the Center for Healthy Aging in Allentown, Pennsylvania.

And the past tips to maintain looking and feeling young are eating healthy and doing exercises. Eating appropriate amounts of

vegetables – with a moderate amount of carbohydrates – will keep one healthy as

Exercising, on one hand, will keep one

21

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

MEN, TOO, WANT TO LOOK GOOD AND YOUTHFUL

.  

Where is the market going?

Kline  

 in  Cosmetics  Design  

22

:NK�cenSEI�8KVUXZ        

A whole new dimension to ‘gut feeling.’ An Aug. 21 feature posted on The Verge discusses a possible link between mental health and gastro-intestinal equilibrium, citing the case of a teenager with obsessive-compulsive disorder whose symptoms greatly diminished after six months and disappeared after a year when a twice-daily regimen of probiotics – live bacteria that help maintain intestinal microbial balance, commonly found in yogurt

and other fermented

products – was added to

her course of psychotherapy

and medication.

Dr. James Greenblatt, the Boston-area psychiatrist treating the teenager, suspected that an imbalance in the teenager’s intestinal microbes was contributing to, or causing, her mental symptoms.

According to the feature, researchers have long known of a connection

between the brain and the gut, but

way street leading from the brain; now research is suggesting that the connection might be more like a multi-lane highway. The feature goes on to cite other studies – involving rats and humans – and researchers who express some cautious optimism about what we’re learning about probiotics and their possible effects on how the brain functions.

So today, with a lactobacilli drink in one hand, and a cup of yogurt in the other, we raise a toast, to our collective mental health.

Embrace me, you sweet and eminently replaceable you. The Smithsonian Institute’s Smithsonian magazine’s September edition carries a feature on “The Insane and Exciting Future of the Bionic Body,” which discusses the latest advances in prosthetics, aided greatly by innovations in technology.

The slightly lengthy but nonetheless fascinating feature discusses various prosthetic limbs – arms, legs, and even ankles – which have, as a group, improved not just in aesthetics but in functionality, thanks to microprocessors, improved software, and longer-lasting batteries.

The feature also mentions the development of functioning prototypes of

that could eventually replace the spleen, pancreas, and/or lungs, at the same time that it points out that these bionic innovations still can’t function together in a single

human body, not just yet. Having said

nonetheless, that “(W)e have never been so replaceable.”

The feature also provides a link to a neat summary of these advances, in the form of a Bionic Man, especially created for an upcoming Smithsonian documentary on the subject.

body  lab

Credit: Smithsonian magazine

23

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGENATION

Reshaping the Political Landscape Through Charter Change

By Atty. John Carlo Gil M. Sadian

President Benigno Aquino III’s current popularity could serve as the impetus for reshaping the existing political system through constitutional change, and charter-change advocates have political-reform proposals for whenever the timing becomes right for charter change

STRATEGY POINTS

Previous attempts to amend the 1987 Constitution have been closely associated with the incumbent president during each attempt, in effect tying the issue of charter change to a president’s popularity or lack thereof

Public attitudes toward charter change are, at best, lukewarm, and, at worst, hostile, especially over the prospect of changing the system of government from presidential to

Shifting from a unitary political system to a federal system might be worth considering, not just as a solution to the Moro rebellion but also as a way to re-organize the country along

24

:NK�cenSEI�8KVUXZ        

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

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Last of Three Parts

 Constitution    attempts    eulogy

 

 

PLANNED VOTE IN THE PLEBISCITE, BY SATISFACTION WITH PRES. GLORIA MACAPAGAL-ARROYO, NOV 2006

If a plebiscite were held today, would you vote for or against

relation  to  their  dis/approval  of  her  charter-­change  efforts.          (SWS Table)

SATISFACTION WITH PGMA

100%

80%

60%

40%

20%

0%

SATISFIED UNDECIDED DISATISFIED

YES

NO

DON’T

KNOW/

REFUSED

40%

31%17%

4%

79%

12%

57%

6%

54%

25

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

 

 

 

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

(Pulse Asia Table)

Are you in favor or not in favor of changing our Constitution now?

(Base: Total Interviews, 100%)

LOCATION CLASS

BAL

RP NCR LUZ VIZ MIN ABC D E

IN FAVOR

Feb 2009 33 25 34 38 33 31 32 37

Nov 2006 39 38 34 47 39 40 35 45

Jul 2006 40 33 43 39 41 34 38 47

Apr 2006 44 35 52 38 41 34 45 45

UNDECIDED

Feb 2009 25 31 22 6 41 27 25 24

Nov 2006 19 16 22 17 19 17 20 18

Jul 2006 21 22 20 19 27 28 20 22

Apr 2006 15 15 17 15 13 22 14 16

NOT IN FAVOR

Feb 2009 42 44 44 56 26 42 44 40

Nov 2006 42 46 44 35 42 41 45 37

Jul 2006 38 45 37 42 32 38 41 31

Apr 2006 40 50 31 47 46 44 41 39

26

:NK�cenSEI�8KVUXZ        

to  

 

 

 

enact  them.

Removal of term limits

 

Constitution  

 Defensor-­Santiago  vs.  

Comelec  

in  the  national  elections.  

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

27

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

 

 

 

From unitary to federal structure

The Three ‘Hows’ Of Proposing Constitutional Changes in the Philippines

Arguably the most controversial part of the 1987 Constitution is Article XVII, which provides the procedure for introducing changes to the fundamental law. Under the said article, there are three possible ways to propose changes to the charter, after which the proposal would be submitted for approval by the people through a plebiscite.

methods:

Section 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention.

Constituent Assembly, to directly propose revisions or amendments by a vote of three-fourths of all

By Mary Grace V. Pulido

 A  deeply  divided  Supreme  Court  voted  8-­7  to  deny  the  

people  for  a  plebiscite.            (Chief Justice Panganiban Photo)

28

:NK�cenSEI�8KVUXZ        

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

The Three ‘Hows’ Of Proposing Constitutional Changes in the Philippines

Constituent Assembly, to directly propose revisions

its Members. While the provision may sound simple, the interpretation of the phrase “all its Members” would be subject to different views among constitutional scholars considering that the Framers of the Constitution committed an oversight in the phrasing of this provision, one that was originally intended to cover a unicameral National Assembly.

The second mode provides for a Constitutional

Convention which can be called by Congress “by a vote of two-thirds of all its Members.” Congress may also, “by majority vote of its Members, submit to the electorate the question of calling such a convention.” The Constitutional Convention referred to in this mode is similar to the 1986 Constitutional Commission that drafted the present 1987 Constitution—a group of select individuals chosen from different sectors given power to draft the proposed amendments to the Constitution. It is worth noting that only a majority vote is required for Congress to “pass on to the people” the decision of whether or not a Constitutional Convention would be called, while a supermajority vote of two-thirds is required if Congress itself will call the Convention.

The third mode of proposing changes to the charter is provided in Section 2 of Article XVII:

Section 2. Amendments to this Constitution may likewise be directly proposed by the

people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall

thereafter. The Congress shall provide for the implementation of the exercise of this right.

to carry out, has so far been the only method that was actually used by charter change proponents. In 1997, the People’s Initiative for Reform, Modernization and Action (PIRMA) attempted to propose the removal of term-limits on the president to allow then President Fidel V. Ramos to run for reelection. The Supreme Court struck this down in the case of Defensor-Santiago vs. Comelec, ruling that the enabling

Initiative method.

A decade later, the Sigaw ng Bayan (Cry of the Nation) movement would once again attempt to propose a revision of the charter, this time to drastically transform the current bicameral-presidential government into a unicameral-parliamentary type. This petition would also be blocked by the high court in the case of Lambino vs. Comelec, with a deeply divided tribunal calling the Sigaw ng Bayan initiative “a deception,” and an attempt to “operate as a gigantic fraud on the people.”

 A  deeply  divided  Supreme  Court  voted  8-­7  to  deny  the  Sigaw  ng  Bayan  

(Chief Justice Panganiban Photo)

29

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

Unresponsive to local needs?  

 

 

Insensitive to cultural diversity?    also  laments  that  the  

 

   

 

Creating states according to ethno-

   

30

:NK�cenSEI�8KVUXZ        

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

position  t

   

Filipino  nation  and  one  Filipino  community.  

 

Shift from presidential to parliamentary system of

government

 

commented  

Separation vs. fusion of powers.  

signed  the    

31

CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

Article XVII: The great constitutional conundrumMuch has been said about the various attempts to tinker with the 1987 Constitution. Yet, most of these discussions really just focused on the personalities involved and the interests they advanced, altogether leaving behind the fundamental issues that need to

forward.

Twice did the Supreme Court block attempts to rewrite the charter, and in junking these attempts, the high court did not consider the motives of the people behind these efforts. What the court did was to focus on what really matters: whether or not the procedure laid down by the Constitution itself was followed. The problem is that the wording of the very article that provides the procedure is actually problematic. We discuss here why.

‘Amendment’ versus ‘revision.’controversial issue in Article XVII is the interpretation of the words “amendment” and “revision” in the context of the three modes by which charter change can be effected.

-- Constituent Assembly and Constitutional Convention -- can be used to propose an “amendment to,” or a “revision of” the Constitution. On the other hand, Section 2 omits the word “revision” and only allows “amendments” through the third method (People’s Initiative).

The difference between a “revision” and an “amendment” and their applicability to the three methods of changing the Constitution had been thoroughly discussed by Senior Associate Justice Antonio Carpio in the case of Lambino vs. Comelec. In this landmark case, the high court stressed that the intent of the Framers of the Constitution was that only a Constituent Assembly or a Constitutional Convention may propose “revisions,” and that a People’s Initiative may only propose

“amendments.” This simply means that a People’s Initiative cannot propose a “revision.” If that is the case,

The Court also answered this in the Lambino case: “Revision broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution. On the other hand, amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved. Revision generally affects several provisions of the constitution, while amendment

amended.”

It is worth noting that the justices’ 8-7 vote in the Lambino case is suggestive of the possibility that in the future, it is not unlikely that a Supreme Court with a different composition could reverse the doctrine we just discussed.

Meaning of the phrase “…of all its Members.” The second contentious point in Article XVII is the interpretation of the ambiguous phrase “of all its Members” in relation to the power of Congress to convene as a Constituent Assembly or to call a Constitutional Convention. Fr. Joaquin Bernas himself, as one of the Framers of the 1987 Constitution, admits that the problem arose due to mere oversight in the drafting.

Apparently, Article XVII was drafted under the mood that the legislative body to be created later on would be a National Assembly. Eventually, the Framers voted 23-22 to drop the creation of a National Assembly and instead adopted the bicameral Congress with a Senate and a House of Representatives. When they went back to

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RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

Article XVII: The great constitutional conundrum“amendments.” This simply means that a People’s Initiative cannot propose a “revision.” If that is the case,

The Court also answered this in the Lambino case: “Revision broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution. On the other hand, amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved. Revision generally affects several provisions of the constitution, while amendment

amended.”

It is worth noting that the justices’ 8-7 vote in the Lambino case is suggestive of the possibility that in the future, it is not unlikely that a Supreme Court with a different composition could reverse the doctrine we just discussed.

Meaning of the phrase “…of all its Members.” The second contentious point in Article XVII is the interpretation of the ambiguous phrase “of all its Members” in relation to the power of Congress to convene as a Constituent Assembly or to call a Constitutional Convention. Fr. Joaquin Bernas himself, as one of the Framers of the 1987 Constitution, admits that the problem arose due to mere oversight in the drafting.

Apparently, Article XVII was drafted under the mood that the legislative body to be created later on would be a National Assembly. Eventually, the Framers voted 23-22 to drop the creation of a National Assembly and instead adopted the bicameral Congress with a Senate and a House of Representatives. When they went back to

adjust Article XVII, they did manage to change “National Assembly” with “Congress,” but unfortunately neglected to provide whether the chambers of Congress would vote “separately” or “jointly.” As Bernas opines, “The commission, concerned as it was with other issues, did not look back. Now we are left with the necessity of trying to construe the meaning of a constitutional provision originally designed for a unicameral legislature but now being placed at the service of a bicameral legislature.”

This issue would surface in 2007 when leaders of the House of Representatives proposed to revise the Constitution over the Senate’s objection. When it became apparent that the Senate would not cooperate, some House leaders suggested that the three-fourths vote required to convene Congress as a Constituent Assembly simply means joint-voting, i.e., three-fourths of 250 plus 24. This would obviously dilute the vote of the senators.

Understandably, this proposal was rejected by the senators who insisted that each chamber of Congress must separately muster the three-fourths vote. This means that even if a three-fourths vote is reached in the House of Representatives, charter change would still not push through if they fail to get the vote of at least 18 senators.

A congressman brought this issue to the Supreme Court, but the tribunal dismissed the petition for being premature. The House of Representatives would eventually drop their bid to exclude the Senate, averting a constitutional crisis.

In the absence of a Supreme Court ruling on this matter, this question remains unsettled. Nonetheless, the opinion of the proponent of this ambiguous provision may carry some weight for curious minds such as ours. Bernas believes that a bicameral Congress should exercise their power under Article XVII “the way bicameral Congresses are expected to act,” i.e., to vote separately.

 

them  in  a  system  that  has  

also    the  Senate  

Committee  on  Constitutional  

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Senator Santiago’s 7 points for considering charter changeFor Senator Miriam Defensor-Santiago, chairperson of the Senate Committee on Constitutional Amendments, the vision of the framers of the 1987 Constitution “was constrained by their environment at the time they wrote the document.” Santiago thus proposed seven points by which to assess the need to change the charter to it could truly be “a blueprint for a constitutional government, not an encyclopedia of how society should operate.” We quote Santiago’s ideas in verbatim:

1. We should shorten the Constitution. Ours is a constitution that is both noisy and verbose. It is full of too many grand statements that are the trademark of political speeches. A progressive constitution is one that focuses on political structures and actual mechanisms that operationalize those political structures. We must have a constitution that is both lean and meaningful.

2. The Constitution must have a working mechanism for initiative and referendum. This is a very important mechanism because initiative and referendum are constitutional processes that allow the people to

continually update the constitution and force the hand of the legislature.

as the Political Dynasty Law and the FOI Law can become realities with the proper use of initiative and referendum. These twin mechanisms also allow the citizens to directly participate in legislation, which is good because it makes our democracy more participatory.

3. We should look at the possibility of regionalizing both the Senate and the party-list system. This should respond to the problem of underrepresentation of certain regions of the country in the legislature. This might even undermine the power of nationally-

the party list might also encourage local political organizations to bring their agenda before a national forum.

4. We should professionalize

If we require members of local and national bureaucracies to be degree holders, there is no reason why we should not do the same for mayors, governors, congress

people, senators, and presidents. If we want global competitiveness, we should require our leaders to be, at the very least, formally educated. This is because education is a powerful constraint against narrow parochialism and a gateway to ideas that can change communities. The best place to impose this requirement is in the Constitution.

5. We should limit the corrupting power of pork barrel in the Constitution. In my view, the pork barrel system has had the effect

distracting legislators from their real work, and unduly empowering the executive department, to the detriment of the public and the principle of separation of powers. We should place mechanisms in the Constitution to ensure pork barrel (1) does not line the pockets of politicians, and (2) does not become a discretionary fund that can be dangled by the President to promote transactional politics.

6. We should think of the possibility of removing from the President the power to appoint members of the judiciary. Colonialism and inertia are the only reasons why we give

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Senator Santiago’s 7 points for considering charter changepeople, senators, and presidents. If we want global competitiveness, we should require our leaders to be, at the very least, formally educated. This is because education is a powerful constraint against narrow parochialism and a gateway to ideas that can change communities. The best place to impose this requirement is in the Constitution.

5. We should limit the corrupting power of pork barrel in the Constitution. In my view, the pork barrel system has had the effect

distracting legislators from their real work, and unduly empowering the executive department, to the detriment of the public and the principle of separation of powers. We should place mechanisms in the Constitution to ensure pork barrel (1) does not line the pockets of politicians, and (2) does not become a discretionary fund that can be dangled by the President to promote transactional politics.

6. We should think of the possibility of removing from the President the power to appoint members of the judiciary. Colonialism and inertia are the only reasons why we give

the President the power to appoint - and therefore politicize - judges. This just does not make any sense. Instead of just making the Judicial and Bar Council a recommending agency, why not give it the power

with some measures to ensure the independence of the JBC and we might actually have a better shot at improving the judiciary.

the nationalist provisions of our Constitution and the demands of a global economy. We should ask: Are these nationalist provisions for the

do these restrictions actually help promote our economy or even our

should we subject to the operations of the market economy and which

Finally, which areas of the economy are best left to policymaking by Congress and which should be pre-

think these questions are preliminary considerations to a rational and effective approach to the economic provisions of the Constitution.

 also  

 

 

 

 

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   the  Senate  Committee  

 

 

RESHAPING THE POLITICAL LANDSCAPE THROUGH CHARTER CHANGE

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feeds,  Facebook,  Instagram,  and  good  old  instant  messaging,  one  might  be  forgiven  for  thinking  that  the  

 but  otherwise  sketchy  on  any  details  of  what  product  or  products  will  actually  be  launched,  apart  from  it  being  about  the  iPhone.  The  lack  

 what  they  think  will  or  should  be  included  in  a  new  iPhone,  per  this  

 for  whatever  new  actual  product  might  arrive  at  Apple  stores  -­‐-­‐  per  VentureBeat

China  and  19  other  countries.  

One  can  only  wonder  whether  this  could  –  or  should  –  be  a  trend,  especially  in  light  of  1  post

(The  Quartz  post  includes  a  link  to  a  January    piece  that  reports  gains  in  employee  

economy  grew  by  more  than  18%  in  the  decade  covering  2000-­‐2011,  the  median  household  income  for  

HOT

COOL

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CONTENTS FINANCE TECHNOLOGY LIFESTYLE NATION

perspective

 to  

.  

Japan  last  year.  

Japanese  government,  for  its  part,  was  reported  to  have  pledged  

contaminated  water.  

from  the  damaged  reactors  was  likely  to  have  seeped  into  the  plant’s  underground  water  system  and  escaped  into  the  sea,  following  previous  

experts’  suspicions  of  a  leak  since  early  on  in  the  crisis,  per  a    report.

“

:NK�cenSEI�8KVUXZ        

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structure  and  block  contaminated  underground  water  from  escaping  into  sea,  which  

,”  Akaba  was  reported  

The    report  also  had  marine  biologists  warning  that  

of  those  checked,  had  thyroid  exposure  doses  exceeding  100  millisieverts  –  a  threshold  for  increased  risk  of  developing  cancer,  

Meanwhile,  an    discusses  a  new  study’s  

 within  four  months  of  the  Fukushima  incident.