Federal charter gives president ‘martial law powers’ over regions — Colmenares

MANILA, Philippines – Former lawmaker Neri Colmenares has warned that the proposed constitution, which advocates for a federal state, will give the president martial law-like powers in case a region merely fails to discharge its duties.

Colmenares, who was invited by the House committee on constitutional amendments on Wednesday as a resource speaker, said that a certain provision allows the president to use any means of power in intervening.

“I just noticed this, Section 4, Article 20.  In case any region fails to comply with its obligations as provided in the constitution, which seriously undermines sovereignty, territorial integrity, economy or the unity of the federal republic, the President may intervene and take all necessary and proper measures to address the failure,” he told the panel.

“This is vague for me.  Is this vaguely-defined martial law powers?  Martial law is defined as it can only be imposed if there is invasion or rebellion.  This time it can be ‘imposed’ if a region fails to comply with its obligation.  That’s a very dangerous provision, and it grants the president such a big power,” he added.

But aside from this supposed dangerous provision, Colmenares, who heads the National Union of People’s Lawyers, also noted that once the constitution takes effect, it cannot be subject to amendments or revocation.

“In Article 21, the devil is in the transitory provision.  Look at Section 4, ‘the democratic and republican character of government, its federal structure, its indissolubility and permanence shall not be subject to amendments or revision,” Colmenares said.

“I’ve never heard of a constitution in the world that is unchangeable.  The moment we become a federal structure, no one can revert it back to presidential or unitary, because the constitution prohibits it,” he stressed.

Resolution of Both Houses No. 1 was introduced by committee chair and Cagayan de Oro 2nd District Rep. Rufus Rodriguez.  It was taken up in the 18th Congress after the previous congress failed to address the bill before it adjourned.

The shift to a federal system was one of President Rodrigo Duterte’s campaign promises in 2016, claiming that this was geared at decentralizing government and spreading progress to other provinces.

Duterte, who hails from Davao City in Mindanao, has spoken about the Imperial Manila concept, which is the centralization of projects and funding in Metro Manila.

READ: Duterte looking to destroy ‘Imperial Manila’

READ: Duterte’s pivot to Davao, away from ‘Imperial Manila’

More vague provisions

Colmenares also enumerated other parts of the proposed constitution that are not clearly defined, including a supposed power allowing Congress to amend the Constitution without assembling a body or without referendum.

“What we saw in the proposal is that it didn’t even amend anything, it just merely mentioned an innocuous provision called ‘unless otherwise provided by law’.  So the (provision on allowing) foreigners owning franchise of business, ‘unless otherwise provided by law’,” Colmenares said in his presentation.

“It grants Congress the power to chart constitutional policy.  That is dangerous,” he added.

Colmenares also mentioned another power given to the president, who will head the Federal Transition Commission.  According to Section 1 of Article XII, President Rodrigo Duterte will also get to appoint the 10 members of the commission, which will be tasked to facilitate a smooth shift before his term ends in 2022.

Colmenares also brought up a part of the proposal which may promote a mass layoff of government officials — stressing that amending or changing the constitution will have long-term effects that would even outlive Duterte’s term.

“It means all government officials are subject to the transition plan.   If they are removed by the transition committee, they are removed definitely.  That’s a very powerful president we have here,”

“Charter change transcends presidents.  It must be studied well.  Presidents come and go, in a few years’ time President Duterte will not be there.  But once this cha-cha is approved, these would be here with us for decades to come,” he added.   /muf