Reynato Puno slams Congress’ proposed federal charter

MANILA, Philippines — Retired chief justice Reynato Puno, chairman of the consultative committee (Concom) formed by President Duterte tasked to review the 1987 Constitution, assailed the proposed charter of the House of Representatives as he noted that it was designed for the congressmen’s “best interests.” 

The Department of the Interior and Local Government (DILG) also urged Congress to retain the political and electoral reforms in Concom’s draft federal charter.

Puno told The STAR that Congress’ version of the federal charter does not serve its purpose as it did not include their proposed anti-political dynasty provisions and the division of powers between the federal government and its states. 

“What the House did (was) a unitary (form of government), but dressed as federalism. If that is federalism, the powers of government will be clearly divided between the federal government and the states, and should be written in the Constitution – it’s not in the House version,” Puno said. 

Puno said in federalism, the powers should be written in the Constitution itself.

“We have no problem because we’re non-partisan and the President did not give any directive. We have great leeway to propose provisions like anti-political dynasty since we have no conflict of interest,” he added. 

“How many members will have conflict of interest in the anti-political dynasty provision?” Puno asked. 

Some House members led by Speaker Gloria Macapagal-Arroyo recently submitted their draft charter for plenary debates, which did not include provisions on anti-political dynasty, unlike with the Concom’s proposal that explicitly bans this practice. 

Under the House proposal, the term limit of the lawmakers will be lifted and the vice president will not be included in the line of succession.

“What they did was, the power lies with the Congress to determine what powers to be granted. That’s not federalism because powers should be written in the Constitution itself,” Puno said. 

He said the Concom members are maintaining their position on the ban against political dynasties and other major reforms, including the implementation of term limits for all lawmakers, among other proposals that are not in the Congress version. 

Puno said he remains hopeful that their proposals for a federal form of government will be adopted.

He said the Concom is also open should Congress ask their opinion and consult them as far as changing the Constitution is concerned.

He said they are now consolidating the opinions of the Concom members and convey these to the President. 

Puno said they are not asking for the President’s intervention, but emphasized that the Concom’s version is an “executive version,” which means the President is the one who “owns” it. 

DILG backs  Concom

In a statement, DILG spokesman Jonathan Malaya called on Congress “to strengthen the federal character of the proposed charter and consider retaining the innovative justice and electoral features of the Concom’s draft federal charter.”

Malaya said these would “strengthen our justice and electoral system in the country.”

Malaya said in the House version, the establishment of the federated regions is open-ended and rests entirely on Congress’ discretion.

“A true federal charter already creates the federal government and the federated regions and this process is not dependent on the approval of the central government. To make the process of creating the federated regions entirely dependent on the central government goes against the very nature of a federal system,” he said.

The DILG is also pushing for the retention of term limits for all elected officials and banning political dynasties.

Concom member Rex Robles chided some lawmakers who are pushing to lift term limits and the provisions on anti-political dynasty.

“Please stop this foolish effort of drafting another constitution, because it will only discredit the federalism agenda of President Duterte,” Robles, a retired military official, said in a statement.

Robles said these lawmakers are hampering Duterte’s efforts to impose real change in government by pushing not only the retention of the current system but also making the political and economic elite stronger.

In addition to maintaining the term limits and enacting a self-executing anti-political dynasty provision, the DILG also wants its recommendations for the judicial system retained.

This includes the proposal for a federal electoral court for the speedy resolution of election cases which would ease backlog at the Supreme Court and regular courts.

It will also relieve the Commission on Elections of its quasi-judicial functions in order for the poll body to focus on the conduct and management of elections.

“The main purpose of amending the constitution is to fix the inefficiencies and gaps of a defective system Filipinos have endured for a long time. So we ask Congress to consider Concom’s proposed reforms for a speedier and balanced justice and electoral system,” Malaya said.