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Opinion

More participative but less political

A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison - The Philippine Star

It is truly sad to note that politics and vested political interests have reared their ugly heads in the proposed changes to our Constitution, particularly the change in the form of government from the present unitary presidential system to federal system. People have thus been misled into believing several scenarios that may happen in case the system of government is changed to federalism simply because of the Constitutional change (Cha cha) that must be done in order to change the form of government. The advantages of federalism seem to have been forgotten or buried by other irrelevant issues. Thus the main point of contention now is not only a shift to federalism but the Cha-cha itself. The burning issue has become the need to Cha-cha and no longer the need change the form of government.

More unfortunate in this connection is the move to even cancel the 2019 election as part of the changes in our Charter even if it has nothing to do at all with the draft proposal of the Constitutional Committee (Con Com). Obviously people who have tasted and become drunk with power in a short span of two years in office particularly Congressmen/women, have been salivating to prolong their terms of office without any election at all. They are trying to achieve this by including the “No-el” as an amendment to the present Charter. And so the main debate has already shifted to the irrelevant issue of whether or not the 2019 elections should be postponed as proposed by these politicians.

Also becoming an issue now is the danger of another dictatorial regime under Duterte if the Cha-cha will take place. Unfounded fears have been raised that among the proposed amendments are provisions that will enable Duterte to assume absolute power in the government. Obviously, these amendments are not necessary at all to shift from the present unitary to a federal system. In fact such amendments even run counter to federalization. The essence of federalization is exactly the opposite of the feared authoritarian regime. Federalization entails decentralization or reduction of the powers of the chief executive under the present Constitution. Under this setup, some, if not most, of these powers will be transferred to and devolve upon, the chief executives of the federated regions. Besides if there are indeed some proposed amendments leading to one-man rule, they can always be deleted. Hence there is really no ground to entertain such fears. They are just being raised to create doubt and confusion regarding federalization.

These doubts and confusions on the revision of our Constitution have even prompted some 45 academicians and professors from various universities and colleges all over the Philippines, to come out with a “document” expressing their “deep concern” on the process of reviewing and possibly amending our Constitution.” In their document, the academes acknowledge the importance of discussing ways to improve governance in the country but the debate and discussion must be “evidence-based.” They likewise think that “the process must be much more participatory including not just those who are for this reform but also those who oppose it.”

In sum, our knowledgeable academicians and professors, most of whom are presidents and heads of universities and colleges all over the country, wish to point out the following:

First, the present environment is not conducive to reforming the Constitution, citing the recent nationwide survey of pollsters showing that only 25 percent of our citizens sufficiently understand our existing Constitution while only 37 percent support the shift to federalism, and 67 percent are against Charter change; second, this reform should not done by a constituent assembly of Congress because “almost 80 percent of Congress is comprised of political dynasties and the empirical evidence suggests that majority of them may face deep conflict of interest if a new constitution aims for reforms that level the political playing field”; and third, “there are more pressing and immediate policy challenges that our leaders must address” like the “rising death toll linked to anti-drugs campaign which now includes many children and young people,” the “killings of political leaders and priests” that “raises the spectre of injustice” as well as the rising prices of basic commodities, transportation and other needs” which are “hitting the poor, our workers and millions of low income households.”

So they advice us that “if we are to amend the Constitution, we must invest not just in the outcome but in the very process” which must consist of a broad discussion that must bring together our citizens from all walks of life, professions and political leanings, allay fears, clarify concerns and bring us all toward a common ground.”

For a start therefore, it would be best if our people will be thoroughly and sufficiently informed of the most basic change in our Charter that is being proposed, which is federalism. The main concern currently being raised by those opposed to the federalization of our country comes from former Chief Justice Hilario Davide Jr. He claims that federalism will divide our people as it impresses two loyalties – to the federal government of the entire country and to the federal government of the various federated regions where they reside. In response to this claim which is merely hypothetical, former Senate President Aquilino “Nene” Pimentel Jr. said that this is more hypothetical than real, because actual experience show otherwise, particularly in successful federal republics like the United States of America, Canada, Australia and Switzerland. And to the other point raised by ex Chief Justice Davide  Jr that federalization will not result in equal distribution of wealth, a provision in the proposed draft of the new Constitution has been included on the establishment of an “Equalization Fund.”

 And so at this stage, while there is still time, and more extensive and broad discussion of the proposed changes in our Charter must involve more Filipinos from all walks of life so as to arrive at a common ground.

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Email: [email protected]

vuukle comment

CHARTER CHANGE

FEDERALISM

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