Constitutional commission proposed to hasten shift to federalism

A lawmaker in the House of Representatives proposed a fourth method of amending the Constitution to fast track the shift to federalism by 2017: the formation of a constitutional commission.

In his House Concurrent Resolution No. 05, Davao Oriental Rep. Joel Mayo Almario proposed convening the 17th Congress in a constituent assembly for one month if only to amend the Article XVII or  “Amendments or Revisions” of the 1987 Constitution and introduce the fourth mode, which is the amendment of the constitution through a constitutional commission.

“Another possible option worth considering as the 4th mode in revising the constitution is thru a Constitutional Commission which clearly and unfortunately is not provided for in the 1987 Constitution,” Almario said.

Almario pointed out the problems surrounding the three methods of amending the Charter allowed under the 1987 Constitution.

READ: It’s Con-ass, not Con-con

These are the constitutional convention (con-con), under which delegates would be elected to amend the Charter; constituent assembly (con-ass), where Congress would convene to propose amendments; and people’s initiative, whereby the people themselves may file a petition covering at least 12 percent of total number of registered voters, of which every legislative district is represented by at least three percent of registered voters.

Almario said in con-ass, Congress simply does not have time to revise and craft an entirely new constitution because of its other duties to pass pertinent legislation and approve the national budget.

In con-con, it would be expensive and divisive to hold an election for delegates.

“(It) will further burden the already election-fatigued constituency and yet it will not guaranty that the most qualified delegates who will be tasked to revise the constitution will participate in the election and/or will be elected,” Almario said.

Meanwhile, Almario said people’s initiative is not enough to pave the way for federalism because the Supreme Court had ruled that the enabling law passed for this mode of Charter change is not sufficient to change the system of government.

He said in his proposed measure, Congress would convene in a con-ass and amend the 1987 Constitution to include the fourth mode of Charter change.

The amended 1987 Constitution would be called the 2016 Constitution or an “interim” Constitution.

The 2016 interim constitution would then be ratified in a plebiscite that would be synchronized with the barangay elections this year.

Under this 2016 Constitution, the President would appoint 100 members to form part of the constitutional commission, composed of two representatives from every region and 64 of the “most learned and knowledgeable experts coming from bona fide and legitimate sectors of society.”

Almario said the constitutional commission would draft another Charter from January to May 2017 that would “embody the ideal federal system of government for the Filipinos.”

The new Charter drafted by the constitutional commission would be subjected in a plebiscite in Sept. 2017, and if ratified, would serve as the country’s 2017 Constitution with a federal form of government.

“Whereof, be it resolved by the House of Representatives and the Senate of the Philippines concurring, to convene as a constituent assembly for one month solely to propose specific amendments to the 1987 Philippine Constitution particularly Article XVII thereof,” Almario said.

Proposals to amend the Charter intensified in Congress despite a Pulse Asia survey conducted from July 2 to 8 showing that at least 44 percent of 1,200 Filipinos surveyed do not want Charter change.

Meanwhile, 37 percent said they think the Constitution should be amended while 19 percent remain undecided.

READ: 44% of Filipinos do not want Charter change—Pulse Asia 

Because con-con would cost government some P6 to P7 billion, President Rodrigo Duterte said he preferred a con-ass to speed up the process of shifting the system of government from unitary to federal.

Critics warned that political clans and business groups in Congress would use Charter change to push for vested interests, such as lifting the term limits and easing the foreign ownership restrictions in the 1987 Constitution. JE

READ: Militants oppose Con-Ass, warn of dynasties’ vested interests