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