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Opinion

Historic document

A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison - The Philippine Star

It is now quite imminent that our Republic will have a federal constitution. The Constitutional Committee (ConCom) formed by the President to recommend the proposed changes headed by former Chief Justice Reynato Puno has already submitted to Duterte its draft of said Charter for a federal government which is one of the primary campaign platforms that obviously catapulted him to the presidency. The draft was unanimously approved by the members of the ConCom although some of them expressed reservation regarding certain provisions. Hence, the draft may still undergo some revisions and changes. New provisions may also be added when Malacanang goes over it before endorsing it to Congress for approval. Indeed even Congress as the constituent assembly can also propose changes and other additions that will further improve the proposed draft.

Overall however, the draft appears to be in accordance with the desires and aspirations of our countrymen to have a more progressive and peaceful country with a government “of the people, for the people and by the people.” In this connection, credit should also be given to former Senate President Nene Pimentel, a member of the ConCom who is considered as the “father” of federalism in our country for originally proposing and spearheading the adoption of such form of government.

In explaining his affirmative vote on the proposed recommendation of the ConCom, the former Senate President pointed out the salient provisions in the draft which he considers will really promote the best interest of the people in our land. First and foremost is that the recommendations, “among other things now place the right of the people to modernize our country and develop themselves at the doorsteps of the citizens of our Republic who are residing in the proposed Federated Regions.”

Pursuant to the proposed draft,  law and order, leading to peace and development of the Federated Regions will also follow as a matter of course, benefitting not only the majority of Christians of this country, but also the Muslim in the Bangsa Moro areas in Mindanao and the Indigenous Peoples in the Cordilleras, Palawan and other parts of the country, without sacrificing or emaciating the responsibility and duty of the national federal government to protect and promote the security and integrity of our national territory, Pimentel further said.

Then to ensure that Federalism will really work in our land and to eliminate some nefarious practices in our present judicial and political set-up, the draft proposal has also recommended articles improving the actual and speedy delivery of justice in our country. Indeed, the members of the ConCom are very much aware that “delay in the delivery of justice is one of the most pressing problems of our land,” at present. As Pimentel said in his vote, “without justice having lives worthy of human beings would be impossible.”

Several recommendations have also been made known to the people through media and it appears that they have possibly accepted them. Most basic and essential to the workings of Federalism is of course the allocation of powers between the federal government and the regional government and on the division of taxing powers. As ex Chief Justice Puno says, these provisions “will spell the success or failure of federalism.”

Other safeguards against the possible abuse of powers by the political leaders of the federated regions which are included in the draft are some political reforms especially tougher and more specific rules against political dynasties that shall “guarantee equal access to opportunities for public service as provided in the existing Constitution (Section 26, Article II). These proposed provisions will apparently give more teeth and supply the lack of specific law implementing the existing constitutional principle and State policy that prohibits “political dynasties.” Indeed, in a federal form of government political dynasties will proliferate and grow more easily because more power is devolved unto politicians holding office and exercising power in a more compact and smaller territory.

Then there are also provisions strengthening the two-party system and ensuring politics of principle rather than politics of men which is now prevalent. This is found in the recommendation penalizing political turncoats, giving equal representation to political parties, and requiring higher educational degrees for those aspiring for higher positions.

Under the proposed Federal System of Government for the Republic of the Philippines, the country will be divided into several federated regions with specific territorial boundaries which shall have their own federal government separate and more or less independent from the national federal government.  The proposed federal states are the National Capital Region or the Metropolitan Manila; the federated region of the Bangsamoro; the federated region of Cordillera; Northern Luzon or Ilocos Region; Central Luzon Region; Western Luzon Region, Eastern Luzon Region; Northern Mindanao Region; Southern Mindanao Region; Eastern Visayas Region; Western Visayas Region; Central Visayas Region;  Mindoro-Palawan-Romblon Region; Bicol Region; Southern Tagalog Region.   

The federated regions may even increase or decrease in number depending on better and more efficient government service and for greater peace and prosperity of the region as well as equal distribution of wealth and resources. For indeed there are areas which are more progressive particularly the NCR. The proposal thus likewise contains provision on how the richer regions could share their revenues and resources with the poorer regions.

At any rate and at this stage, it is more important that immediate action be taken on the recommendations of the ConCom so that we can finally have a Federal System of Government which appears to be more conducive to the attainment of justice, peace and prosperity as proven by other countries with such kind of government.

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Email: [email protected].

CONSTITUTIONAL COMMITTEE

FEDERAL CONSTITUTION

FEDERALISM

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