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Opinion

We need to change the 1987 charter ASAP

SHOOTING STRAIGHT - Bobit S. Avila - The Freeman

President Rodrigo "Digong" Duterte wants to appoint 24 people to a Constituent Assembly (Con-Ass) but he wanted the members of the old Consultative Commission (Con-Com) to be the group (they were created during the term of then president Gloria Arroyo) that would draft the new Constitution which would feature a huge dramatic shift from our present unitary form of government into a Federal form of government. 

At this point, I would like to see a Constituent Assembly that would represent the major islands of Luzon, Visayas, and Mindanao, including the Catholic Church, the Muslims, and more importantly the indigenous peoples. I have always believed that a Constitutional Convention (Con-Con) is the right way to change our charter, however 30 years ago, when the People Power Revolt removed the conjugal Marcos dictatorship, then president Corazon Aquino created a Constitutional Commission composed of 49 members.

This constitutional body would have numbered 50 but the last one was supposed to be for my mentor the late Max Soliven. But he asked for my advice and I told him that if the deliberations for this Constitution weren't to your liking and you were always overruled; when the Constitution is ratified you have no choice but to defend it, even if you disliked many of its provisions. He agreed with me and hence he refused to accept his nomination.

But due to lack of time and to save on costs (no doubt a ConCon would have been quite expensive) a ConAss would definitely speed up the process within the term of Pres. Rodrigo Duterte. Call it a brilliant move because the people opposed to Duterte and his proposal for a Federal system belong to the Yellows. This opposition is led by former Comelec chairman Christian Monsod who has been badmouthing a Federal system since this was proposed by Duterte. 

In fact, a week ago, a national daily came up with an article entitled, "Federalism is warlordism in disguise". Such a reckless article if you ask me. The author of that article should give information on the warlords in places like Canada, Germany, USA, or Switzerland, which has embraced a Federal system. Those of us who believe in the Federal form have to contend with such foolhardy articles designed to belittle it. Lest we forget, our unitary form of governance today has created a breed of warlord politics, which has now shifted into narco politics.

Another thing very wrong with our unitary form of governance was editorialized by The FREEMAN last Saturday entitled; "The party-list system has become nonsense". Let me reprint an excerpt of that editorial:

"The party-list law or RA 7941 is perhaps one of the most abused and misrepresented laws ever enacted. Swinging into effect in 1995, it mandates the state to provide for the election of party-list representatives made up of Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties.

"The law should be repealed and the party-list system abolished. And here is why. In the latest SALN or statement of assets, liabilities and net worth submissions of members of the House of Representatives, guess who emerged as the richest congressman? Way, way up in the list is party-list Rep. Michael Romero of One Patriotic Coalition of Marginalized Nationals or 1-Pacman. His net worth? Only a cool P7 billion. And he calls himself marginalized."

It's been 30 years since we replaced the 1973 Marcos Constitution with the 1987 Constitution. Yet the nation continues to be plagued by politicians who are elected by a highly-questionable Automated Election System, which could be proven when Comelec Chairman Andy Bautista is sent on an impeachment trial.

We have seen how a Federal System has worked for the US, Canada, and Germany (after it was devastated in World War II) and our neighbor Malaysia. If there is one good reason to adopt a Federal system of governance it is only because the present unitary form of government has only been good to the political elite, while the ordinary Filipino cannot hope to join the political bandwagon unless he comes from a well-known political family. This has always been the norm under the unitary form of governance. I dare say it is time to have a Constitution that can help the ordinary Filipino and not just the political elite!

[email protected].

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