Ex-Chief Justice Puno bats for 'hybrid' con-con

MANILA, Philippines (Philippines News Agency) — Former Supreme Court Chief Justice Reynato Puno recently pushed for a “hybrid” type of constitutional convention that would amend the Constitution and pave the way for a change into a federal system of government.

Speaking at the forum on federalism by the Development Academy of the Philippines' Council of Fellows in Pasig City, Puno said such a type of con-con would see delegates being elected at large and a select group of legislator representatives being appointed by Congress to the body that would decide changes in the Constitution.

Such changes would enable the country to shift from a highly centralized form of government into a federal system, as proposed by various quarters, including no less than President Rodrigo Duterte himself.

Method of amendment

Puno, who spoke on the judicial system in federalism, appeared to favor a method of constitutional amendment different from that of a constituent assembly, where Congress itself and appointed representatives would convene to undertake the amendments, or a people’s initiative.

Puno’s “hybrid” method in constituting the body, however, would include elements from both a con-con and a con-ass, which is a group made up of members of Congress joining delegates elected in a con-con.

The former chief justice stressed that "uniformity of thought cannot be imposed on diverse cultures" as Filipinos have, saying that what plagues the Philippines is "our multi-cultural reality that colonizers and imperial Manila tried in vain to overcome" through economic control and an educational system that promoted one culture and religion as superior over all others.

Puno said even Filipino hero Jose Rizal advocated federalism in his writings, including a piece he wrote titled "The Philippines a Century Hence."

He said the judicial system, as well as mutual advantages for the people, is frequently the most neglected area of concern in formulating a Constitution in the Philippines. He lamented that the judiciary to this day has no financial independence despite being one of the three branches of government. The legislative and executive branches, meanwhile, control the purse and the budgets, thus holding the judiciary under their control.

Unlike in Britain, the judiciary in the Philippines can stop or interfere with the other branches of government through its decisions under the so-called concept of politicization of justice or judicialization of politics, where the Supreme Court can strike down the powers of elected officials.

The sovereignty of the British parliament, meanwhile, cannot be diminished by the courts, with the executive, legislative and judicial branches of government being one and the parliament being regarded as the protector of the people’s rights.

Puno also discussed other models of federalism, including the federal-presidential form as exemplified by the United States, which Pimentel himself favors, and the French federal-parliamentary model that Duterte, on the other hand, prefers.

Under the US model, the supremacy of the Constitution is recognized. The government is also divided into the executive, legislative and judicial branches under a system of checks and balances.

Under the French model, a constitutional council is integrated with the legislature, previewing proposed laws prior to their enactment. The high court also acts as the Commission on Elections and provides opinions on constitutionality issues and their conformity with foreign policy.