Stalemate looms in Congress

In a recent column I wrote that I believed that federalism is not the answer to our nation’s government woes. In fact, this might just give way to a whole new beast and whole new set of problems. At the end of the day, with so much already wrong with our government it’s important we focus on fixing the problems we have and not just sweeping them under the rug in favor of a new way of governing.

I don’t buy the reason House Speaker Panteleon Alvarez gave for the need for an immediate switch to federalism. He claims that it is only through this type of government that the current administration can fully implement their plans of improvement for the country including infrastructure and pro-poor projects. This is incredibly thin and seems, more than anything like a mask for the real reason – extending terms, increasing power, and removing checks and balances.

Don’t get me wrong, it’s not that I don’t believe that there are a lot of problems that need to be fixed in the current government – I do. There is a lot of bureaucratic red tape, corruption remains deeply rooted, massive funds are still unaccounted for, and there is never any continuity when it comes to good projects and programs. With the fierce competition and heated rivalries that exist between politicians and parties in the Philippines, so many programs are discontinued when new politicians come into power simply because they were started by someone else.

It’s actually quite sad. However, all that being sad, I still don’t believe that Constitutional Change is going to solve all of these problems. If anything, it may even exacerbate them and add new and bigger problems to the list. After all, we can all agree that many people who are in the government today have contributed to our government ills – why then would we want to extend their terms or grant them more unchecked power?

In either case, this is the hot topic of debate in the Senate and the House of Representatives, which constitute the Congress of the Philippines. There are many opinions and everyone wants to be heard which is resulting in a heated back and forth and with the Senate threatening to boycott the Constituent Assembly with the House of Representatives to amend the 1987 Constitution.

Obviously everyone has his or her own reasons. The Senate, of course, wants to avoid the abolition of the Senate, which makes perfect sense from their point of view while several congressman want to extend their terms and their powers and do away with checks and balances. At the end of the day, it almost seems like a free-for-all with everyone looking out for their interests first and the country’s interests second – if at all.

In fact, the deadlock that currently exists is a prime example of effort, time, and money being wasted every day. And despite the fact that the Filipino people should be upset that their leaders are wasting time on this rather than actually focusing on laws and programs for the country, they are still inexplicably drawn to watching the drama unfold on television and in the news. I suppose it’s not unlike the soap operas that Filipinos love so much. I hate to say it but the majority of our people really like drama.

And there is much drama to be had in this ongoing debate. Just last week Speaker Alvarez made it clear that he was not above threatening lawmakers who did not support the shift to federalism. He cautioned the provinces of politicians who would not support the administrations efforts to shift to federalism that if they didn’t get onboard they would wind up with “zero budget.” And he went on to threaten the public or “warn” them not to vote for Senators who don’t support federalism.

It’s a very bold move and he has put all his cards on the table. It is clear what Alvarez wants – a shift to federalism via Constituent Assembly (Con-Ass) and the cancellation of the 2019 elections. However, there are many who are opposing him. Last week he threatened that Congress, sitting as Con-Ass, would push through even without the Senators to amend the Constitution and they already had the numbers needed, prompting Senator Panfilo Lacson to remind the Speaker that the Philippine Congress is a bicameral system preventing either chamber for unilaterally passing any kind of legislation, most especially amendments to the Constitution.

And at the very heart of the discussion, there are still many who oppose Constitutional change from the get-go. I have often said, “If it ain’t broke, why fix it?” I’m glad that former Supreme Court Chief Justice Hilario G. Davide Jr., who is still admired by many, said that there was absolutely no need to amend or revise the 1987 Constitution. He further went on to say that he believed this move was, as many have feared, a grab for extension of unchecked power and that the legal implications of shifting to a federal form of government would be far-reaching and something we haven’t truly taken into consideration.

Still others have said that if Constitutional change was really required, then it should be done via iConstitutional Commission (Con-Con) where delegates are elected nationally, instead of via Con-Ass. This helps safeguard against decisions being made in one’s own self interests at the very least. And it frees up our Congress to deal with hot button issues that are currently on their plate. In essence, they shouldn’t be focused on this task but rather focus on the tasks for which they were elected like making and implementing laws that benefit our country and our people.

At this point it looks like neither side is going to give in. Only time will tell who will win the proverbial tug-of-war but it’s times like these that we see our government truly at work. A difference of opinion, an arena that allows for debate, and a system of checks and balances may often times seem burdensome but it is how we are ensured that no power is every really absolute. It’s how we can protect our rights.