The Manila Times

‘Federalism a leap to hell’

EX- JUSTICES DIFFER ON CHA- CHA

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TWO former chief justices bickered on Wednesday over whether the Charter should be changed, with Hilario Davide Jr. warning that a shift to federalism would be a “leap to hell” and Reynato Puno saying the 31-year-old constituti­on has been overtaken by globalizat­ion.

Davide and Puno were among the public hearing of the Senate on proposed measures to amend the Charter, led by Sen. Francis Pangilinan.

“There is absolutely no need to amend or revise our Constituti­on,” Davide said, adding that a shift to a federal system of government from the present unitary setup would be “a lethal experiment, a fatal leap, a plunge to death, a leap to hell.”

A federal form of government is “not suited for the Philippine­s,” he claimed.

‘Best in the world’

“I would not hesitate to assert that our

the best in the world, the best for our country and our people, not just of our generation but even for the generation­s yet unborn,” he said.

- - sions against abuse of power, and - pation in governance, including the use of people power.

“It is the only Constituti­on in the world which institutio­nalizes public trust, meaning that all gov servants of the people,” he added.

Puno, a proponent of federalism, noted that the proposal had generated considerab­le opposition.

“Chief Justice Davide calls this to intelligen­tly answer that fear because I have not been to hell,” he said in jest.

“But in the proper time, I think some sessions will be devoted to this (federalism). We should be able to lock horns with those opposed to shifting to federalism,” Puno said.

- losophy of the federal government that we will adopt. We have to road map toward transition to federalism,” he added.

‘Conditions have changed’

Puno said that if the Philippine­s would shift to federalism, the Constituti­on needed to be overhauled. “There can be no surgical amendment of the Constituti­on,” he said.

The Constituti­on also needs to adapt to changes in society and technology, the former magistrate said.

31 years old. Conditions have changed. The political, social, and only of the Philippine­s but whole world have changed. And so we now have globalizat­ion,” Puno said.

“We now see the effects of the revolution caused by technology. And I like to think that it is time lookover, a no-nonsense review and that is why we hear a lot of Constituti­on,” Puno added.

Former Senate President Aquilino “Nene” Pimentel Jr., also a proponent of federalism, likewise reiterated the need to revise the Constituti­on.

“Yes, if, as we propose, we intend to adopt the federal system into our government setup,” he said.

Con- con, not Con-ass

Davide and Puno agreed that the best way to pursue constituti­onal amendments was through Constituti­onal Convention rather than a Constituen­t Assembly. The latter, however, proposed a “hybrid” form of convention.

Puno noted that the usual justi was that it would be cheaper than a convention with elected delegates. “To me that is a cheap argument. We should not count the cost when writing a constituti­on.”

“A good constituti­on is the best investment a people can make. My preferred mode is a constituti­onal convention but a hybrid Con-Con. Hybrid because its compositio­n will be a mixture of elected and appointed delegates,” Puno said.

“This constituti­onal convention of course will be non-partisan in character. Political parties will be banned from putting up candidates and so the delegates will be elected on the basis of their platform and to help the delegates in their tasks” he said.

“Experts in constituti­onalmaking coming from different discipline­s, law, public administra­tion, political science, economics, the religious, the sciences, vetted by a competent body, not just the President, can be convened,” he said.

“I submit that it is within the power of Congress to determine the compositio­n of the Con-Con.”

Davide said that “to ensure a truly impartial, comprehens­ive discussion on this crucial issue of federalism…I respectful­ly submit that the matter be left to a constituti­onal convention with delegates duly elected by the people.”

Chief Presidenti­al Legal Counsel Salvador Panelo called for a series of public consultati­ons nationwide to help the people understand the importance of Charter change and the to shift to federalism. “We need to educate the people,” he said.

Pangilinan said the Senate committee on constituti­onal amendments was set to conduct public hearings in Baguio City, Cebu City and Cagayan de Oro City in the coming weeks.

‘Record of permance’

- vide said he had yet to see another constituti­on that could surpass the Philippine Constituti­on. “I know this Constituti­on quite well. I was among the commission­ers of the who drafted it,” he said.

achieved an “unsurpasse­d record of permanence,” he noted, after it survived two attempts to amend third mode of proposing Charter amendments.

presidenti­al polls.

But the Supreme Court struck down the proposal as it declared - amen dments to the Constituti­on.”

The second attempt to revise the Charter was during the term of President Gloria MacapagalA­rroyo, to change the form of government from presidenti­al to parliament­ary.

This was to allow Mrs. Arroyo, who was not eligible for re-election, to continue to hold on to power by being elected prime minister.

“This would be the third major attempt to amend the Constituti­on which could, in the process, even and the second, during the term of President Gloria Arroyo (adoption of the parliament­ary form of government), failed to get because of the adverse decisions of the Supreme Court,” Davide said.

 ?? PHOTO BY RENE H. DILAN ?? LEGAL EXPERTS Former chief justice Reynato Puno speaks during the first public hearing of the Senate on proposed measures to amend the Constituti­on as former senator Aquilino Pimentel Jr. and former chief justice Hilario Davide, Jr. look on.
PHOTO BY RENE H. DILAN LEGAL EXPERTS Former chief justice Reynato Puno speaks during the first public hearing of the Senate on proposed measures to amend the Constituti­on as former senator Aquilino Pimentel Jr. and former chief justice Hilario Davide, Jr. look on.

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