Let’s go for hybrid gov’t
Duterte tells those opposing federalism
President Duterte is open to dropping his proposal to shift to a federal form of government if the public continues to oppose his campaign to revise the Constitution.
In lieu of federalism, Duterte is proposing a hybrid unitary form of government.
“If ayaw sa federalism, hybrid tayo (If you don't like federalism, let's become a hybrid), like Hong Kong and China,” Duterte said in a speech at the Indigenous Peoples' Leaders Summit in Davao City Thursday afternoon.
The President reiterated that he will step down if federalism will be implemented in the country, adding that he is not pushing for the Charter change to perpetuate himself in power.
“If federalism is approved by 2019 or 2020, I assure you I will step down if system calls for a new president,” he said.
This is not the first time Duterte hinted that federalism may not suit the public's taste. He had earlier lamented that people are not interested in
his proposal, especially those in Mindanao whom he claimed would benefit more if the country shift to a federal form of government.
Former Supreme Court Associate Justice Vicente V. Mendoza, however, warned Thursday that a shift to a federal system would weaken the Republic.
Appearing before the Senate Constitutional Amendments Committee chaired by Sen. Francis Pangilinan, Mendoza said he does not believe that the 31year-old Charter be revised in order to replace the existing form of government into a federal system “neither do I think this is the time to propose it.”
“The risks alone that constitutional reform might be used as an excuse for extending into office of elective officials are just too great to offset any perceived need to amend or revise the 1987 Constitution,” he said.
Mendoza said regional development could be more effectively achieved by meaningful and more vigorous decentralization of national power without need of any constitutional amendment.
He maintained that revising or amending the Constitution now is “just not the constitutional moment for considering such change.”
“The announcement by those pushing for Charter change that if the Constitution is amended there may be no election (No-El) is a heady, powerful incentive to elective officials to work hard for federalism,” he stressed.
“This is what gives concern. There is just too much partisan strife that prevents a consensus on national problems,” he added.
But the Duterte administration is not giving up on federalism. He had earlier expressed willingness to settle his row with broadcast media giant ABS-CBN if the network would help him inform the public about federalism.
Duterte also addressed those who question his intention for pushing for federalism, ordering the Armed Forces of the Philippines (AFP), and the Philippine National Police (PNP) to shoot him if he will go beyond his six-year term.
Meanwhile, Mendoza said there are parts of the Constitution that should be amended or revised.
He said the ban on political dynasties should not be left to Congress to implement because vested interests might prevent them from enacting the necessary implementing law.
“Among other things, the Constitution must state clearly the degree of consanguinity or affinity of members of a family to be considered included in the ban,” he said.
He also proposed the return to the former system whereby appointments to the Judiciary were made by the President and approved by the Commission on Appointments (CA) of Congress.
On the filling up of vacancies in the Judiciary within 90 days from the time the position is vacated, Mendoza said the Supreme Court has interpreted these provisions by making the 90-day requirement take precedence over the ban on midnight appointments. “This should be changed,” he added. The Commission on Human Rights (CHR) should be treated as the other independent constitutional commissions such as Civil Service Commission and Commission on Audit.
Mendoza also said he favors a Constitutional Convention(Con-Con) instead of members of Congress forming themselves as a Constituent Assembly (Con-Ass) to amend or revise the Charter.
“Expense (in the billions of pesos) should not deter us from holding a ConCon. If we spend billions of pesos on infrastructure projects, we should be equally ready to spend a fortune on the infrastructure of government for the nation,” he added.