Legal experts, local execs divided over ‘Cha-cha’

LEGAL EXPERTS and local government leaders bared a sharp difference in views in Thursday’s Senate hearing on Charter change.

Local officials called for Charter change in order to empower local government units, especially in terms of access to the government’s revenues. But legal experts warned about the possible effects of amending the Constitution to pave the way for federalism, the system of government being pushed by President Rodrigo R. Duterte.

Former Supreme Court associate justice Vicente V. Mendoza warned that federalism would weaken and divide the country as it would “open fissures and promote regional difference” in society.

“A shift to a federal system will weaken our Republic and render naught the years spent to attain national unity, when regional development can be more effectively achieved by meaningful and more vigorous decentralization of national power without need of constitutional amendment,” he said.

He proposed instead the implementation of “greater decentralization” in the country.

“I would say stop at decentralization because beyond that is a cliff into which we might fall and never be able to come back,” Mr. Mendoza said.

Lawyer Christian S. Monsod, one of the framers of the 1987 Constitution, criticized the proposed federalism model of the ruling Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban), describing its version as “disappointing.”

“Why is it pushing for a federalparliamentary system which they admit does not directly, but only indirectly, address the twin problems of mass poverty and gross inequalities?...” he said.

Mr. Monsod also questioned the motives of PDP-Laban over its 11-year transition to federalism.

“If the plebiscite is held in May 2019, the transition will end at the earliest in 2030. During the transition, with existing local government officials constituting the Regional Commission with both executive and legislative powers until the organic laws for each region are enacted, and the regional officials are elected, that’s the carrot for them to deliver the votes for the Cha-cha train — a term of 11 years from 2019-2030,” he said.

While clarifying that he was not against federalism, Mr. Monsod stressed that it was not yet the right timetotransitiontowardthatsystem.

“A messed- up structure change is virtually irreversible and may lead to the ruin of our democracy. I submit that there may be an alternative to consider rather than an immediate structural change by 2019,” he said.

He said the issues raised on the need to shift to federalism could be solved through legislation, such as enacting a fiscal decentralization measures and an anti-dynasty law.

Meanwhile, in its position paper, the Catholic Bishops’ Conference of the Philippines (CBCP) expressed its reservations on federalism over concerns on Muslims and Lumad groups in Mindanao.

“A major objection to a federal system that devolves power to the Federal States on an equal basis will not satisfactorily address the aspirations of the Muslims and Lumads in Mindanao for self-determination and respect for ancestral rights,” the CBCP said in part. — with