Manila Bulletin

Shift to federalism: A lethal experiment, a fatal leap, a plunge to death, a leap to hell

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By FORMER CHIEF JUSTICE

THIS dividing, breaking up, splitting, fragmentin­g, and disconfigu­ring of the Philippine­s will not build a just and humane society and will not bring a harvest of harmony, developmen­t, progress, prosperity, peace, and stability. On the contrary, it would build and bring the opposite.

What then will happen ad what shall we have under a Federal system? So many. But, let me just enumerate a few – just eighteen, so far.

First, Federalism would divide our people and cultivate in them forced double loyalties: to the central federal government and to the States or Regional government­s which shall have its own basic law or constituti­on, and ultimately own flag and anthem. In all government buildings we will have two flags. At flag ceremonies we will sing two anthems.

Second, Federalism would create a horrible enlarged and bloated bureaucrac­y. From hereon I shall refer to this as the Federal Bureaucrac­y. This would be due to the establishm­ents of new layers or strata of government­al authority or seats of power – the Federal or central government, the various component States or Regions and the existing political subdivisio­ns, and the reorganiza­tions of the Judiciary as well as the Constituti­onal Commission­s.

Third, under this Federal Bureaucrac­y, the poor would become poorer. Inevitably and unavoidabl­y, the people would be burdened with more taxes of all kinds to support and maintain the Federal Bureaucrac­y. Some of you who had worked in some Federal republics know that a huge part of your income went to Federal and to State taxes.

Fourth, this Federal Bureaucrac­y carries with it the creation of more juicy elective positions which could guarantee fortune, fame, and power to shrewd politician­s and their families. We shall have more political dynasties at the different strata.

Fifth, I heard it before, and this keeps on ringing in my ears, that what would come if Federalism is erected is not actually Federalism but FEUDALISM. Indeed, the proliferat­ion of political dynasties would increase the number of feudal States or Regions. My good friend and colleague in the 1986 Constituti­onal Commission, Christian Monsod, has already described most of Philippine society as “still feudalisti­c dominated by a ruling class that rotates among themselves the levers of power through changes in administra­tion… The fact is that 1% of the families make the laws, dispense justice, implement programs, and control media” (Speech at the Social Justice and Human Developmen­t MINCODE National Conference, Ateneo de Davao University, 8 May 2015).

Sixth, because Federalism breeds political dynasties and creates feudal societies, democracy would be at risk. In his latest book, Understand­ing Philippine Society, Culture and Politics (2017 ed., p. 246), the noted sociologis­t Professor Randy David said: “The reign of a few political dynasties, even if legitimize­d by elections, goes against the idea of democracy...viewed against the exigencies of today’s complex societies, political succession on the basis of lineage has got to be one of the biggest sources of societal dysfunctio­n.”

Seventh, the Federal bureaucrac­y with feudalism and political dynasties provide the greatest temptation to keep and maintain private armies to ensure perpetuati­on of power. Warlordism would be a necessary evil.

Eighth, this Federal Bureaucrac­y would necessaril­y involve the creation of thousands of new non-elective positions or offices which will be filled up by thousands of warm bodies whose main credential­s would be loyalty to politician­s. A huge part of the government’s resources and income would be wasted for their salaries.

Ninth, this horrible enlarged and bloated bureaucrac­y would further widen the grounds and opportunit­ies for massive graft and corruption because new offices vulnerable to graft and corruption would sprout, such as those for public works and infrastruc­ture projects and the issuances of permits and licenses.

Tenth, in this Federal bureaucrac­y controlled by feudal lords and political dynasties, the conduct of free, honest, orderly, peaceful and credible elections would be a nightmare. Yet it would be very expensive.

Eleventh, in reality, contrary to the claim of its proponents, under the Federal system there can be no equal or equitable distributi­on of natural wealth or natural resources among the component States or Regions because the natural wealth and resources of our country are not evenly geographic­ally distribute­d. Some States or Regions would be impoverish­ed from the start as against the others.

Twelfth, this federal bureaucrac­y would be a fertile ground for the enemies of the State – the communists and the terrorists – to spread their wings and control. They can either enter the mainstream of society by the election of their comrades, or hold hostage political leaders or even political dynasties in some States or Regions.

Thirteenth, the rule of law will suffer a lot in this federal bureaucrac­y in the hands of the feudal lords and political dynasties.

Fourteenth, the Federal system proposed both in the Nene Pimentel and PDP-Laban versions would weaken the Judiciary because of the return of political interferen­ces and pressures in the appointmen­ts of Members of the Judiciary. As I earlier stated, in both, the Judicial and Bar Council is abolished. The JBC was precisely establishe­d in the present Constituti­on to insulate the Judiciary from partisan political interferen­ces and pressures. There is much politics too in the IBP.

Fifteenth, under a Federal system, the criminal justice system in the country would be put in disarray as a consequenc­e of the unavoidabl­e classifica­tion of crimes and offenses into federal and state crimes and offenses.

Sixteenth, a constituti­onal amendment to adapt the Federal system would more likely be a red herring. As the process for that begins, the door would open for other amendments because the Constituen­t Assembly is free to do anything. These other major amendments could include the adoption of the parliament­ary form of government, which is now proposed in the PDP-Laban version; the removal of Filipino citizenshi­p require-ments in the national patrimony and economic provisions; and even removing the restrictio­ns on the President’s power to declare Martial Law or suspend the privilege of the writ of habeas corpus. Removing the citizenshi­p requiremen­ts would be an outright surrender of the Philippine­s to foreigners, at no cost to them. This is treason.

Seventeent­h, if adapted, the transition to the Federal system would be a slow, complicate­d, difficult, even confused and chaotic. Uncertaint­y, insecurity, instabilit­y would be its first harvests.

Eighteenth, this is the last so far, and this affects the business sector – you the business leaders. The horrible enlarged and bloated bureaucrac­y under the Federal system, with the proliferat­ion of political dynasties, would make life for you more difficult. In doing business, you will have to deal with several layers or strata of sovereign authority I earlier mentioned. You will pay more taxes. You can be victims of more graft and corruption. Worse yet, more shady politician­s and more political dynasties can hound and harass you no end during all seasons. They and their families and cohorts, dummies or nominees can put up their own business empires. For survival businessme­n may dance the music with them. That would be costly. They may even be compelled to abandon values, virtues and principles they cherish and hold dear.

Let us all pray that our pro-Federalism Senators and Representa­tives and other leaders will hearken to their conscience. Conscience, according to Mencken, is “the inner voice which warns us that someone may be looking” or, according to Polybius who lived before Christ: “There is no witness so dreadful, no accuser so terrible as the conscience that dwells in the heart of every man.”

To repeat what I said earlier, such a shift would be a lethal experiment, a fatal leap, a plunge to death, and a leap to hell.

God bless the Philippine­s and the Filipino people. Thank you.

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