The hearing on the proposed charter change in Senate continues.
Former members of the 1986 Constitutional Commission and law experts were invited to shed light
on the matter of changing the existing form of government from its present form
to a federal system.
Lawyer Christian Monsod, a member of the 1986 Constitutional
Commission, has made his stand that he is not against federalism per se but
suggested that it is better to further strenghten the regions to form a union
before shifting to the federal form of government. *
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| President Duterte (photo credit to owner) |
While the suggestion of Monsod is quite subtle, other
experts does not share the same opinion. A few weeks ago for Supreme Court
Justice Hilario Davide , also a member of the 1986 Constitutional Commission categorically
stated that the 1987 Constitution is the ‘best in the world’ and gave a warning
to the Senate that shifting to
Federalism ia a “lethal experiment” as it will not suit the Philippines and the
“people of our generation and even those of the succeeding generations.”
“My position is: A shift to federalism
is a lethal experiment, a fatal leap, a plunge to death, a leap to hell,” he
told senators on the committee on constitutional amendments and revision of
codes .
“If the shift to federalism were
to deal with the imbalance created by an “Imperial Manila,” then this could be
done by “effectively and efficiently implementing the relevant provisions” of
the present Constitution “for strong local autonomy and decentralization.”
Davide said.
Just recently, retired Supreme
Court Associate Justice Vicente Mendoza added a negative opinion regarding the
proposed shift to Federalism.
"A shift to a federal system
will weaken our republic, fragment our nation and render at moot the many years
we have spent to attain national unity. This country will be fragmented by such
an attempt and there will be attempts at cessation," Mendoza said. *
He further adds: "We know that patronage politics
practice everywhere. We want to break up dynasties we cannot seem to end... How
much more if you break up this country into more or less autonomous units, each
one to be ruled by a village tyrant?" he said.
Mendoza, offered the solution of just Decentralizing the
government instead of pursuing federalism.
"We have not reached the end of the road, we have not
reached the dead end so we have not reached the bottom so let us try
decentralization instead of federalizing and dividing the country," he
said.
DILG weighs in
Department of
Interior and Local Government (DILG) Assistant Secretary and Spokesperson
Jonathan Malaya was also invited to the senate hearing and there he lambasted
those critics of federalism for their dark and gloomy description of the change
that has made the public fear such move by the government. He also states that
it is seemed these critics have made it appear that federalism was a foreign
concept very difficult to understand because it is “new.”
“I think, I’m
afraid that the critics of federalism are seeing monsters when there are none.
They are using the specter of fear since federalism is a totally new concept
and since a totally new concept is not easily understood, they are propagating
a lot of fear among our people questioning even the motives of those who
are proposing a federal system of government,” Malaya told the Senate panel. *
Jonathan Malaya, is
also Executive Director of the ruling party Partido Demokratiko Pilipino-Lakas
ng Bayan (PDP-Laban), the party of President Rodrigo Duterte, said that in the
proposed shift to federalism it did not state that the president will serve
beyond his term.
“Nothing in the
PDP Laban model states that the incumbent president, President Rodrigo Duterte,
will serve continuously until the 10, 12 or 15 year transition period. There is
nothing in this model, because we were the ones who prepared it, that will give
a president a limited time in office,” Malaya said.
Malaya, also clarified the issue regarding the elected local government officials, that in the proposed shift there is no provision that they will continue to hold into their office, they need to be elected. “Nothing in the PDP-Laban model states that the local officials will continue to serve as members of the regional commission in the transitory period without being elected to those positions. All those governors or mayors who will form the regional commission during the transition period will have to be elected to their specific positions. And once their term ends, they will have to be elected again,” Malaya said.
“Serving in a regional commission does not mean that they have unlimited stay in their positions. Whatever is the term of office, they will have to respect,” he added. *
Malaya, on the issue that there is no need for a new Constitution, the proposed shift to federalism will not touch anything from the bill of rights, citizenship, and suffrage,” provisions of the Constitution and will only amend those articles and provisions that would enshrine federalism into the constitution and strengthen public institutions among others.
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