Committee approves draft federal charter

JOB DONE Retired Supreme Court Associate Justice Antonio Nachura, retired Chief Justice Reynato Puno (center) and former Sen. Aquilino Pimentel Jr. are jubilant over the 22-member consultative committee’s unanimous adoption of the draft Charter for the proposed shift to federalism. —MARIANNE BERMUDEZ

The Philippines on Tuesday took a step closer to becoming a federal state as the consultative committee tasked by President Rodrigo Duterte with proposing changes to the 1987 Constitution unanimously adopted a draft charter abandoning the current presidential form of government.

Under the proposed federal form of government, the Philippines will be composed of 18 federated regions, including the two “asymmetrical” regions of the Bangsamoro and the Cordilleras, carved out of the existing 17 political regions.

The recommended structure of government placed the entire Metropolitan Manila under just one federated region in a bid to end the stranglehold of “imperial Manila” on the country’s political and economic affairs.

“I vote for the draft Constitution for it establishes a republic that is permanent and a union that is indissoluble,” retired Chief Justice Reynato Puno, chair of the committee, said in a speech after the members approved the 78-page document.

“It is time for our regions to be liberated. It’s time for them to be freed from the shackles of the national government. This can only be done if we adopt federalism,” he said.

The 22 members of the committee were each given a chance to explain their vote during their caucus held at the Philippine International Convention Center in Pasay City.

Former Sen. Aquilino Pimentel Jr., a member and one of the primary proponents of federalism, said the recommendations “place the right of our people to modernize our country and develop themselves at the doorsteps of the citizens.”

“Among the more outstanding provisions recommended for inclusion in the new Constitution … are the articles that assure our people actual and speedy delivery of justice,” said Pimentel, who is also a human rights lawyer.

“The delay in the delivery of justice is one of the most pressing problems of our country for without justice, living our lives worthy of human beings would be impossible,” he added.

No indefinite Duterte rule

Puno quickly doused speculations that the proposed federal Charter would allow the President to rule the country indefinitely, making him the Philippine version of Chinese President Xi Jinping, whose term limit was lifted by the Chinese congress in March.

The former Chief Justice also maintained that the President did not influence the recommendations of the 22-member body, which officially started its deliberations on Feb. 19.

“We have installed a very delicate checking mechanism [to avoid that from happening],” Puno said. “The committee has always acted independently. From Day 1 until
today, we have not received any specific instruction from the President.”

He said the committee would present the document to the President in Malacañang on July 9 before it would make an official copy of the draft Charter available to the media and the public.

Conrado Generoso, the committee spokesperson, said the approved draft Constitution was still undergoing proofreading in preparation for printing on Thursday.

Secession prohibited

“We are just making sure that the approved draft document will have no spelling or grammatical error,” Generoso told the Inquirer.

Puno played down fears that the constitutional amendment providing more fiscal and political powers to the federated regions would eventually result in the dismemberment of the republic.

He said Section 2, Article XI of the proposed Constitution explicitly stated that “it is prohibited for anyone to advocate, demand or support the secession of any region from the federal republic.”

Retired Supreme Court Associate Justice Antonio Eduardo Nachura, a committee member, expressed confidence that the proposed political reforms would promote a stronger system of political parties in the country similar to the two-party system in the United States.

Besides imposing penalties on “political turncoatism,” he said political dynasties would be prohibited in the new federal system.

“The draft Constitution is a product of labor by people who are genuinely interested in providing a most responsive form of government for the Filipinos,” Nachura said.

According to him, it was now up to the President if he would accept the recommendations and endorse them to Congress, dominated by the President’s political allies.

Congress to decide

Presidential spokesperson Harry Roque said it was up to Congress to decide whether to adopt the Puno committee’s recommendations.

He said the Preside4nt would transmit the proposed federal Charter to Congress and encourage the members of his party, the PDP-Laban, to
study the proposals and, if possible, pattern the proposed revisions to the Constitution on the Puno committee’s recommendations.

“We have a supermajority in the House. I think at least in the House, it will be very persuasive. We’re hoping to be equally persuasive in the Senate,” Roque said.

Asked about the soonest possible time for Congress to act on the committee’s proposals, Nachura said lawmakers may hold a plebiscite in March next year.

Nachura said the amendments to the current Constitution may be introduced through a constitutional assembly, which requires the Senate and the House of Representatives to vote separately.

“It depends on their interest. If they are really interested, then they will work on this every day. If not, then they could just pass this to a [congressional] committee,” he said.

Puno also said there was no certainty that the President would approve the proposed federal Constitution in its entirety.

“He just told us to give our best effort to draft this Constitution and we did try our best. But with respect to his approval, I’m not sure,” he said. —With a report from Julie M. Aurelio