Davide's comment re Federal Draft is insincere and lacks logic- ConCom

Davide's comment re Federal Draft is insincere and lacks logic- ConCom

“Anti-Filipino and anti-poor.”

That is how former Chief Justice Hilario Davide Jr., called the draft of federal constituion that was submitted to President Rodrigo Roa Duterte.

The former Chief justice calls some of the provisions found in the draft as questionable.
Former Chief Justice Hilario Davide Jr, was quoted saying that the shift of government to federalism is a lethal experiment last January of this year (photo credit to owner)

Among those he questions are the ff:

"It deliberately did not mention by name the West Philippine Sea yet it specifically mentions by name the Philippine Rise," Davide said.

The charter does not include any provisions that will grant Duterte’s wish to step down once the transition starts.

"The guards of the Lower House will prepare possible amendments precisely to pursue their desire that there'll be a longer transitory period and that the President will be in power," Davide said.

Former Senate President Juan Pnce Enrile also made a comment regarding the plan shift to federalism saying that “Filipinos will suffer from too much bureaucracy and added taxes” once the government shifts to a federal form.

"It will burden the people too much with taxes. And the economy, I don't think it can really afford to shoulder the cost of this huge government that is being proposed," he said.


The Consultative Committee answers Davide


The Chief Justice might just be confused, his comments regarding the draft lacked sincerity and logic.

“Former Chief Justice Hilario Davide’s statement that the Consultative Committee’s draft Constitution is ‘anti-poor, anti- Filipino and pro dynasty’ betrays his confusion, lack of sincerity and lack of logic in the on-going debate on the proposal to revise the 1987 constitution,” ConCom spokesperson Ding Generoso.

Generoso, states that the ConCom draft contains the Bill of Rights- the right of the people to adequate food, decent housing, complete education, comprehensive healthcare, and livelihood and employment opportunities, which were all meant for the poor.

“By putting these in the Bill of Rights, they become demandable from the State, from the government; and the government is mandated to adopt measures and programs toward the progressive realization of these rights,” Generoso said.

“It means that the government must –year after year—adopt comprehensive programs in these areas and increase its budget for them so that the number of Filipinos who go hungry, who have no roof over their heads, who are uneducated, who die without seeing the eye of a doctor, who have no jobs or means to have income will be reduced,” he added.

Generoso added that the ConCom draft contains self-executory provisions banning political dynasties, defining the coverage up to second-degree of relations by blood or marriage, which prohibits succession at all levels.

It also prohibits running for or holding more than one position except one national and one regional or local position.


Re Philippine territory


Genoroso also emphasized in rejecting the comment of Davide regarding the draft being anti-Filipino.

“The ConCom draft of Article I precisely defines and distinguishes sovereignty and sovereign rights. It states ‘sovereignty over islands and features outside its archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations, and the judgment of competent international courts or tribunals,’”  ConCom spokesperson  Generoso said.

He pointed out that the phrase “law of nations” refers to the United Nations Convention on the Law of the Sea (UNCLOS) and other conventions that may in the future be agreed upon in the international arena.

Generoso also said that the phrase “judgment of competent international courts or tribunals” refers to the judgment of the Permanent Court of Arbitration, just like the one we won two years ago destroying the nine-dash line concept of China.

"To distinguish sovereignty over territory and sovereign rights over waters beyond territorial sea, the ConCom added a section that states ‘sovereign rights over that maritime expanse beyond its territorial sea to the extent reserved to it by international law, as well as over its extended continental shelf,’” Generoso added.


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Report from PNA

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  1. yes !!! to federalism like America and other powerful countries..

  2. Thank you Adelita for the feedback.

    The ConCom formed by the President really studied and debated on the provisions they included in the draft, so everybody is hopeful that it would lead the country to the next level

  3. All the way to #federalism YES! Time for a perfect change. 👊🇵🇭👍