A Constitutional Commission (Con-com) sought to help Congress amend the Constitution is seen drafting the proposed amendments by September, according to Speaker Pantaleon D. Alvarez.
Alvarez, who was tasked by the Palace to draft an executive order (EO) creating the Con-com, recently said the commission will help Congress, acting as a constituent assembly (Con-ass), in drafting the proposed Charter changes.
“The commission will be composed of 25 to 30 legal experts. They would help lawmakers tackle the job of amending the Charter. Hopefully, the Palace will release the EO this month and [President Duterte] will appoint the members by September so they can start drafting the proposed changes,” he said.
“The proposal is for them to draft the amendments within six months and for the constituent assembly after [the given period] to do its own job,” Alvarez said.
Alvarez said the commission will include constitutional law experts, like former Supreme Court Chief Justice Reynato Puno, former Senator Aquilino Q. Pimentel Jr., lawyer Reuben Canoy and Dean of San Beda Law School Fr. Ranhilio Aquino, as well as representatives from non-governmental organizations, academe and other sectors of society.
“We have many experts to do that [drafting]. We may also include as members of the commission constitutional law Prof. Jack Jimenez and Father Joaquin Bernas,” he added. Bernas was a member of the 1986 Constitutional Commission that drafted the 1987 Constitution.
Timeline
Meanwhile, during the recent BusinessMirror and European Chamber of Commerce of the Philippines forum on federalism, Deputy Speaker Ferdinand Hernandez said the proposed amendments to the Constitution will be presented to the public through a referendum.
“The plan is for Congress to constitute itself, through a vote of three-fourths of all its members, into a Con-ass. Given budgetary and time constraints, this is the best option. With the assistance of the Constitutional Commission formed by President Duterte and consisting of experts, a new Constitution will be drafted and presented for the approval of the people, hopefully by 2019,” Hernandez said.
“An interim government will then be in place in 2022, which shall serve as the year when the first-ever federal elections for the Philippines will take place,” he added.
12 states
Also, Hernandez said Congress is eyeing to create 12 states under the federal form of government.
“The plan is to create 12 states, namely, States of Northern Luzon, Central Luzon, Southern Tagalog, Bicol, MinPaRom [Mindoro, Palawan and Romblon], Eastern Visayas, Western Visayas, Eastern Mindanao, Western Mindanao, SuBaTawi [Sulu, Basilan and Tawi-Tawi], Maguindano and the State of the Indigenous People Territory,” he said.
Hernandez said the basis for the creation of the 12 states will be the regions’ shared cultural and linguistic history, geographic contiguity and economic viability.
“For the less prosperous localities, they will be clustered with richer provinces,” he said.
The lawmaker said states composing the Philippine Federal Union will have sufficient powers over revenue creation, infrastructure, agriculture, education, public health and local economy.
“They can capitalize on their own competitive advantages and chart their own destiny. They can freely engage in interstate commerce that will increase business opportunities for all, create jobs, improve standards of living and finally decongest Metro Manila,” he added.
Besides creating 12 states that will serve as economic engines, he said the federal setup will prevent bad policies from having an immediate national reach and effect.
“Errors as to policies will be confined in the state that implemented it. Correct policy choices, on the other hand, can easily be copied by neighboring states. The framework will create a virtuous competitive cycle that leads to continued improvement,” he said.
Politically, Hernandez said a federal form of government will also bring genuine and proportionate representation to the national legislature.
“Currently, the majority of our 24 senators were born and raised in the National Capital Region. With the federal setup, each state will have guaranteed seats in the national legislature, thus securing fair representation for the entire Federal Union,” he said.
Safeguard vs dynasty, dictator
Hernandez said the shift also serves as a safeguard against the worries of the people that another dictator will reenter politics.
“This apprehension becomes a reality only when powers are concentrated. The best shield, and as preventive countermeasure, is devolution of powers. Further, whatever is left to the national executive will be divided between the prime minister and the president,” he said.
Another fear borne by some is the belief that federalism will strengthen political dynasties, Hernandez added.
“The highly centralized unitary system, to a reasonable degree, is responsible for the preservation of political dynasties. The national government has an inherent disadvantage, yet it keeps trying to micromanage the country. It was, thus, constrained to form alliances with local political dynasties. In exchange for their assistance, local bosses were awarded with public funds,” he said.
By shifting to federalism, the deputy speaker said the national government’s authority to interfere with local politics will be drastically limited.
“The funds it can grant to a favored group will be greatly diminished. The clout of local bosses and their families, and dynasties they’ve built, will fade away eventually. There will be a natural leveling of the playing field. As an added measure, a definition of what constitutes a political dynasty should be included in the Constitution. It will serve as a ground for disqualification from public service, appointive or elective, without need for an enabling law,” the solon said.