Time for a revolutionary government — blame Congress

Constitutional reform is never easy or quick. Like any substantial change in government, there will always be those who would oppose it. It is a case of new vs. old. The old is represented by Congress dominated by dynasties and oligarchs. The new is the push for a more inclusive Filipino society.

Former Chief Justice Reynato Puno has submitted the Consultative Committee’s draft to President Rodrigo Roa Duterte. This was also done by the 2005 Consultative Committee in former President Gloria Arroyo’s term. But after the submission we were told it was passed on to Congress. We (at least I) never heard of it again. The same pattern is happening. The discussion going on in Congress now is not how the amendments will be put together but to set up roadblocks so federalism will not happen.

Should it be in a constitutional convention or should it be through a constituent assembly? Should it be discussed jointly or separately and more importantly should the voting be jointly or separately. That is what they are talking about in Congress.

Former Congressman Victor Ortega said the 1987 Constitution cannot be amended. The provisions for amendment are so flawed it cannot be done in any of the three ways provided by the 1987 Constitution – by Constituent Assembly, Constitutional Convention or a People’s Initiative.

People’s Initiative is the third form of amendment made in deference to EDSA 1 people power. After much discussion, it was approved because the members feared another people power revolution that would be violent. I have been through two people’s initiatives and recognized its defects.

Local officials got the funds to gather signatures but heaven knows how the signatures were gathered. There were signatures drawn by only one person. When it reached the Supreme Court, a justice turned it down saying even if only one signature was false, the entire initiative will be unacceptable.

Will the same thing happen to the draft submitted by the Puno constitutional committee to President Duterte. It seems so. Meanwhile the intramurals in Congress continuous on whether they will discuss the amendments proposed jointly or separately.

That is the structure of the presidential system we have developed which is hounded by gridlock.

Contrary to mainstream media that Rodrigo Duterte wants to set up a revolutionary government it is Congress which is forcing him to do so.

“Federalism is the only weapon left to to solve corruption, criminality and the Bangsamoro problem,” declared Duterte.

This is collision course in the making.

Federalism is a type of government in which power is divided between a central national government and local governments, thereby enhancing the autonomy of local government units. But national defense, currency and foreign affairs, are under the control of the national government. Other areas are under the control of local governments.

It is Congress that should be blamed if a revolutionary government is the only way “to fast-track federalism.”

“I have to stop criminality and corruption. I have to fix this government. I won’t do it if you want to place me there with the solemn pledge to stick to the rules,” he said.

But even for argument’s sake, through a miracle, the lawmakers would do their job finally and properly there is still the referendum that will follow. With the Comelec-Smartmatic PCOS still in place, it will be like the elections of 2010, 2013 and 2016. It will be so tarnished by voting through the machines.

We now live in a technological world when it has become possible to draw masses of people behind a movement, not by coming to a place and time, but through technology and tapping organized groups. That means using the internet to get at sectors, especially organized groups with the capacity to influence politics.

This column is not against a substate or a Bangsa Juridical Authority however it is called. The underlying premise is to give political power to the substate and that is inconsistent with the 1987 Constitution.

It will take time and effort so it is proper that we should begin the process for “evolving” federalism. If a parliamentary federalism were sought it would evolve slowly and taken in small steps. It would depend on how ready the region was to take up the responsibilities of a federated state.

“In drafting this proposed Constitution, we were guided by one directive you gave – do what is best for our people,” Puno said in his speech referring to the President.

“We thank you for this full trust and confidence and we assure you that the Consultative Committee did its work with complete independence and unbiased by any partisan politics or by any elite interest,” he added.

Puno said the draft constitution seeks to establish “a distinct federalism” in the country, which he termed as “a bayanihan federalism.”

“The design of this bayanihan federalism installs a federal government strong enough to hold together the various federated regions and establishes regions that are socially, economically, and politically viable and sustainable,” he said.

The proposed constitution seeks to create 18 federated regions, including federated regions of the Bangsamoro and Cordillera.

“We divided the powers of government guided by the Filipino spirit of bayanihan where both the federal government and the federated regions govern the people less in competition but more in cooperation and aligned with the maxim the welfare of the people is the supreme law: Salus populi est suprema lex,” Puno added. The former chief justice then cited several features of the draft federal constitution.”

It also democratized the electoral process by prohibiting political dynasties that have long monopolized the elections. At the same time, it transformed political parties as mechanisms of citizen representation and democratic governance.

Under the draft constitution, political turncoats are not allowed.

“Hence, political butterflies cannot flutter anymore from one political party to another political party,” said Puno.

The draft federal charter did not only level the political playing field but also levelled the economic playing field, Puno told the President.

“In drafting this proposed Constitution, we were guided by one directive you gave – do what is best for our people.”