‘Shift to federalism irreversible under proposed charter’

MANILA, Philippines — Once the country adopts federalism, its form of government can no longer be changed as the consultative committee (Concom) tasked to review the 1987 Constitution put in provisions that prohibit amendments or revisions.

Ding Generoso, Concom spokesman, said the Philippines will be permanently under a federal form of government as he cited Article XXI Section 4 of the proposed charter for a federal form of government, which states: “The democratic and republican character of the government, its federal structure, its indissolubility and permanence shall not be subject to amendments or revisions.”

He explained that the country’s form of government could only be changed into another federal system, but not into its former unitary form of governance.

“You cannot return to unitary and you cannot amend the provision… we are just ensuring that the nature of our state being democratic and republican cannot be changed,” Generoso added.

Aside from this, the proposed Article XI Section 2 states that: “All Regions are permanent and indissoluble parts of the Federal Republic of the Philippines. It is prohibited for anyone to advocate, demand for, or support the secession of any Region from the Federal Republic.”  

Concom, according to Generoso, intentionally provided that provision to ensure that no one will attempt to secede from the Federal Republic of the Philippines.  

“This cannot be amended because if you amend that, you can divide the country, you can go for secession. That is the guarantee to those who asked ‘how can we guarantee that the nation will remain one?’ So, it has to be in the constitution that the country shall remain one,” he pointed out.

He added that Congress and the people, through a People’s Initiative, could make changes to the federal structure except on those two provisions. 

Concom chairman Reynato Puno said the unchangeable provisions in the proposed constitution is basically the “essence” of the federal constitution, adding that the same provisions were also provided in the country’s previous constitutions. 

However, Puno explained that the Filipino people, through a People’s Initiative, may change the whole constitution if they no longer want the federal form of government. 

“So if, for example, they no longer want a federal government, then they can do so by changing the entire Constitution. It is up to the people. When it comes to people power –that is unlimited, sovereignty is unlimited,” Puno said partly in Filipino.

The former Supreme Court chief justice also stood firm that the provision on anti-political dynasties is “beyond compromise.” His view came a few days after the bicameral conference committee tasked to harmonize Congress’ versions of the Bangsamoro Basic Law (BBL) deleted the anti-political dynasty provisions.

He stressed that anti-political dynasty is a “fundamental predicate of the Constitution” since powers will be divided among several regions once federalism sets in. 

“We will be giving a lot of powers, near powers of sovereignty, to the different regions and so the implication is that you cannot give this near sovereign powers to political dynasties. Otherwise, our government will be the worst situation,” he explained.

Puno refused to answer if he will withdraw his support for federalism should Congress delete the anti-political dynasty provisions in the proposed charter for a federal government, but said that he will let the people decide on the matter. 

Meanwhile, the Ecumenical Bishops Forum (EBF) yesterday said the proposed shift to a federal form of government could pave the way for President Duterte to achieve his “one-man rule” and legalize a constitutional dictatorship. – With Evelyn Macairan, Delon Porcalla