‘You’re gonna need a bigger boat’

Upon seeing the actual size of the shark in the movie “Jaws,” actor Roy Scheider a.k.a Chief of police Brody said the now famous lines: “You’re gonna need a bigger boat.” Last Thursday, I was invited by Development Academy of the Philippines president Tony Kalaw to listen to former Senator Aquilino Pimentel and former Chief Justice Reynato Puno as they shared their views on “Federalism.” I’m glad that the D.A.P took the initiative to host the event because many people in the large audience certainly got a first rate education on the intricacies of “Federalism.” After the first two hours, I was convinced that “We’re gonna need a bigger boat.”

For starters, we have to agree on the political division of territories into federal states. Ex-Senator Nene Pimentel suggests 12 Federal states with metro Manila as the Capital much like Washington DC. The President and Vice President would be elected as a team or tandem and not allow splits as we have always done as our idea of check and balance but ending up with constant political differences and feuding. Each state would have 6 Senators equals 72 senators, which according to the veteran legislator is a lot less than many other existing federal states (check Google).

Pimentel pointed out that in order to have good governance, the governed must have a voice and it should not be federalism for federalism’s sake but for proper representation, which is at the core of the entire movement. In a way this suggestion will take away any fears that Federalism will end up making Senators obsolete. On the other hand by multiplying the number of senators from 24 to 72, we may end up diluting the perceived power and influence of the exclusive few. What I did not get to ask was if the federal legislators would be national in scope or limited to matters within their state.

In order to do away with Trapos or incompetents, Pimentel suggested that as we hold a Constitutional Convention, during which we the people could also move for an upgrade or redefine the requirements for candidates for public office. This way the requirements would not be limited to citizenship, age and literacy only but can include college degree, civil service eligibility, limitations or restriction on place of residence, as well as restrictions related to political dynasties. This was certainly a plus factor for supporting the CON-CON. This may be necessary if the suggested 4 year - 3 terms in office pushes through because instead of 9, we would have to endure 12 years with idiots in public office.

As far as difference in culture and law, Pimentel suggests that if legal issues occurred between different cultures i.e., Muslim versus Christian, Philippine law applies. But if it is Muslim versus Muslim then sharia law applies.

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Chief Justice Reynato Puno in his opening said something that put everything in context: “Uniformity of thought cannot be imposed on diverse cultures” and made mention of our national hero Jose Rizal as the first proponent of Federalism in the Philippines in 1899 when he wrote a piece entitled “The Philippines a century hence.” There is no doubt in my mind 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.

If CJ Puno was deep and idealistic, it did not prevent him from recognizing political realities and vested interests. Thus he suggested that membership in the Constitutional Convention should be achieved as a Hybrid where Congress appoints a select group of legislator representatives who are experts in the matter while the rest of the delegates can be elected at large. The hybrid will somehow balance off Vote buying by vested interest groups, industries or big business that may want to craft a new Constitution that would fix things to their advantage or do away with obstacles or restrictions. In the end the spread would be among Legislators, Lobbyists, and Civil society.

As far as the finished product is concerned, meaning the constitution relative to Federalism, CJ Puno shared that the UK has no written Constitution and that the sovereignty of the British parliament cannot be diminished by the courts unlike in the Philippines where the Judiciary can stop, interfere and even pro-actively legislate rules into their decisions. He called these developments as: The Politicization of Justice and the Judicialization of politics.

Although he restrained himself and limited his talk to the topic of Federalism, CJ Puno did lament the sad state of the Supreme Court that to this day has no financial independence in spite of there being three branches of government. At the end of the day the Executive and the legislative control the purse and the budgets thereby holding the judiciary beholden or dependent on the goodwill of both. If Pimentel wants 72 Senators, the question is will we have 12 Supreme Courts one for each federal state like they do in the US? On one side it may not be such a bad idea since it “might” fast track the delivery of Justice at the federal level. The problem is do we have 36 to 144 learned men and women of law to fill the seats of Justice for the 12 states?

There were many other points of concern raised during the forum regarding income sharing, control over territory and resources such as plagues Palawan and the off shore natural gas deposits. But my first concern with this “Great White Shark” called Federalism is about having the correct “crew” to plan, organize, manage and oversee the entire process. Many people have over simplified the idea of shifting to federalism just like many “Brits” simplified “Brexit” and are now having second thoughts and not just a few regrets.

Now that we know what we want, what needs to be done is put together an entire organization led by respected and credible leaders to come up with a plan, a time line, and all the teams needed to come up with a menu that will launch Federalism from definition to transition. We cannot just promote the concept, we need to present to the people what the finished product is or will be.

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