‘Federalism a leap to hell’
EX- JUSTICES DIFFER ON CHA- CHA
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.