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“Salient features” of the House draft Constitution intends to turn Duterte into a dictator

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Analysis by Raïssa Robles

The House Committee on Constitutional Amendments started discussing today the “Salient Features” of the draft constitution proposed by President Rodrigo Duterte’s government. The draft constitution itself has not been made public.

It isn’t clear who actually wrote and submitted the “Salient Features”, but the document makes five things immediately clear:

(1) Once the new Constitution is ratified, Duterte will assume at once the powers of both the President and the Prime Minister

(2) Elections next year will be canceled, leaving Duterte’s super majority in  control of the legislature.

(3) Duterte will be able to do anything during the transition period.

(4) There is no guarantee up to when such a transition period will last.

(5) Although the whole exercise of changing the constitution is supposed to pave the way for federalism, the draft constitution is very convoluted about implementing federalism.

Charter change is a very complex, very abstract exercise. Those who try to follow the process can easily get lost and confused.

As it turns out, I happen to be in a position to help people understand what’s happening. This isn’t because I’m a legal genius, lawyer or constitutionalist. But I did write long investigative reports on two famous cases of charter change. One was on the 1972-1973 Constitutional Convention, which was published by Business Day during Ferdinand Marcos’ dictatorship. The other was on then President Gloria Macapagal-Arroyo’s Constitutional Commission published by the Philippine Center for Investigative Journalism (PCIJ).  Little did I know what I learned writing those reports would prove useful now.

So, what can I tell you about charter change? For me, the most important thing to look at first are the TRANSITORY PROVISIONS, for two main reasons.

First, transitory provisions will determine what happens when we change from the current presidential-bicameral-unitary form of government to whatever they are proposing.

Second, the section on transitory provisions will lay down who will wield the powers during the transition and to what extent that person can drastically change things around.

Let’s look at the transitory provisions in the proposed constitution currently being discussed [underlining  mine].

“The incumbent President shall exercise all the powers and functions of the head of state and head of government under this Federal Constitution until the election of the next President and Prime Minister in May 2022. He shall appoint the New Cabinet from among the Members of Parliament. He shall have supervision and direction over the Interim Prime Minister and Cabinet.”

The draft constitution separately designates whoever is the President as the “head of state” and whoever is the Prime Minister as the “head of government”.

However, during the Transition Period, the “incumbent President” – that’s Duterte—will assume the powers of BOTH the President AND the Prime Minister.

This, in effect, will make Duterte much more powerful than he is today.

How so?

I can think of many reasons and I’m sure you can think of others.

For starters, the Federal Constitution would place the entire legislature under Duterte’s thumb for the simple reason that we will no longer have our current form of government where the legislature is a co-equal body that checks and balances the President.

Under the proposed set-up, President Duterte controls Parliament. And this means he CAN DO ANYTHING.

In fact, he can even instruct Parliament to further amend THE FEDERAL CONSTITUTION THAT HAS BEEN PUT IN PLACE.

He can even, through Parliament, insert a constitutional  amendment saying that while Parliament is not in session or when there is urgent need for it, President Duterte can enact laws on his own.

And there you have it. Duterte will have what those familiar with Ferdinand Marcos’ Martial Law called Marcos’ “Amendment No. 6” power. It was referred to as Amendment No. 6 simply because it was the sixth amendment introduced by Marcos to the 1973 Constitution. Amendment No. 6 legalized Marcos’ law-making powers, which he began to exercise immediately after imposing Martial Law in 1972.

What happened to federalism?

There is something very curious and highly suspicious about the Duterte government’s push for a federal form of government.

The government’s battle cry today is “Federalism”. But when you look closely at what they want to happen, it’s not federalism but something else.

When you look at the “Salient Features” of the proposed charter change  – a copy of which I have added below—the process of federating the provinces into separate states won’t happen immediately.

In fact, the process of federating can only take place starting “at least” six and a half years from now—or way beyond Duterte’s tenure of office, which is supposed to end in 2022.

Federating the Philippines may even take 20 years or forever because there is no time limit given for federating.

This is because the draft charter proposes a very complicated process for each State to federate or exercise  autonomous powers:

First, Parliament itself is given 18 months to enact a State and Local Government Code to be followed by each State.

Second, the Federal Government will “gradually devolve and decentralize functions” to the States. It doesn’t say how gradual.

Third, for a State to become an autonomous federal State, its State Legislature has to enact an Organic Act.

Fourth, the Organic Act has to be ratified by the people in that State.

Fifth, each Organic Act also has to be ratified by Parliament.

Only then can a State exercise its functions and powers as a Federal State.

HOWEVER—and this I would like to emphasize.

HOWEVER, immediately upon the ratification of the proposed constitutional changes by the Duterte government, the present Congress will be abolished.

An Interim Parliament will be deemed in place, consisting of all the current members of the House and the Senate. It’s unclear from the provision whether the Interim Parliament is unicameral (one chamber) or bicameral (two-chamber).

What is clear is that all the congressmen who are supposed to run for reelection next year will have their terms of office extended until 2022. The same goes for the 12 senators who are supposed to seek reelection or retire from office by next year.

This means that Duterte keeps his super majority control of the legislature intact.

Given all these, we should ask ourselves—what is the real purpose of this charter change? Is it to federate the Philippines or to consolidate powers in the hands of President Duterte?

I would like to thank Jeff Crisostomo, House reporter for ABS-CBN, communications and legislative officer of Congresswoman Kaka Bag-Ao,  who shared online the proposed charter changes below. You can download the copy below.

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Related Stories

My warning about Charter Change extending Duterte’s term and giving him authoritarian powers was confirmed today

2018 is key to Duterte’s grab for authoritarian powers

Comments

  1. Speaker warns local politicians: Support administration or get ‘zero budget’

    http://news.abs-cbn.com/news/01/19/18/speaker-warns-local-politicians-support-administration-or-get-zero-budget
    ———————————————————————————————–

    ano ito? takotan? bully? The speaker even call not to vote on those senators who is not in favor of the fed gov!…

    most of the people have already woke up from their nightmare ..

    • tinakot? binully? sino? ang mga tupaz ba? kaya pala almost 15,000 na taga iloilo daw ang nanumpa bilang bagong members ng admin. it was alvarez who officiated the oath taking.

      • alvarez is behaving like he is already prime minister, counting his chickens before they’re hatched.

        of course, iloilo promise the world to alvarez, doesn’t mean they’ll follow and obey him till death do they part. behind the facades, they’re working secretly to bring downfall of wannabe prime minister while at the same time, their hands on the money. win win sila.

        • ngayong speaker pa lang siya, abusado na si alvarez, it will get worst kung prime minister na siya. using tax payers money as if it’s his very own, choosing those worthy and not worthy sa paniningin niyang blinkered naman. already his birthday took 6 days to celebrate! once prime minister na siya, it will probly take a month to celebrate, with people from all districts and regions forced to attend and maybe, bringing gifts with them, and the their prettiest too, he,he, he, for alvarez’s pleasure.

        • hindi raw si alvarez namimilit, he’s just being coercive big time, do his way or else. sabi, those not supportive of federalism are against development kuno. for his info, localities have been developing even before alvarez become politician. pinas have build cities, schools, infrastructures, hosted forums here and overseas, and filipinos have gained world wide recognition for jobs well done.

          ako, I dont support federalism for I am against alvarez’s developing into a prime minister. he is a nightmare.
          s d

        • he ask not to vote for those who won’t support fed govt.

          I have a better suggestion … actually

          Not vote for the whole PDP-laban .. oh diba? hehehe

        • ngayon pa lang ang babagsik na nila. vote them in and they’ll become more tyrant and more oppressive, so hwag iboto ang buong pdp-laban, he, he, he.

        • your hit Alvarez on the head.

          federalism means sharing.

          but he does not want to share.

          haughty.

          nakoooo

        • the federalism we are being forced to embrace is just another ‘jetski’,. a milkshake duck of duterte and alvarez’s making.

          cheers, fersty.

        • In a change of po-tack, Speaker Pantaleon Alvarez yesterday stepped back from the House of Representatives’ original plan to hold a plebiscite simultaneous with the barangay and Sangguniang Kabataan elections on May 14.

          po-tack po-tack po-tack = po-tacks ‘di hen.

          Alvarez also said he was just joking. 2 weeks of a joke!

          ’tis goin’ to the cemetery cha-cha says Sen. drilon.

          po-tackkkkkkkkkk

      • senate is bullying alvarez and
        kompaniya.

        they will, if they like, bring
        senate to the sc and not the
        other way around kasi walang
        cha-cha kung ayaw ng senate.

        na isahan ang cha-cha nila.

        yoooo

    • @sam: “ano ito? takotan? bully? ” hindi ‘away bata ‘ sabi ng palasyo….
      Nag-ugat ang lahat sa tweet ng anak ni Go na si Chrence.

      “Parang may sense of entitlement ang dating. Nagpose pa siya sa seal. Weird, so weird,” ani Go, na tila pasaring sa apo ni Duterte na si Isabelle.

      Pero sumagot si Isabelle sa tweet ni Chrence: “Weird lang dahil papa mo yung kausap in the process…. Omg!?!???? Shocker.”
      “You bash someone related to the person who your dad works for, konteng tingin sa pinanggalingan. Keep your feet on the ground.”

      Nagbanta pa ito na isisiwalat ang “scandal” ng pamilya ni Go kapag hindi ito tumahimik.

      “If you’ve lost that much respect for our family, I won’t hesitate to spill everything I know about your [family],” ani Isabelle.

      Pero para sa Palasyo, hindi na dapat itong pagtuunan ng pansin dahil away lamang ito ng kabataan.

      source: http://news.abs-cbn.com/news/01/19/18/away-bata-palasyo-ayaw-patulan-ang-bangayan-ni-isabelle-duterte-anak-ni-bong-go

      • pano po yan away ng mga bata? si isabelle ay adult na, having reached the age of maturity, 18yrs na baga siya, debutante na and there are pics taken sa malakanyang to prove her coming of age. napaluhod na ni isabelle ang tatay na si polong and he has already resigned both from face book ata, and from his job.

        1st, it was away ng mga kabits nina floriendo and alvarez, this admin has plenty of away.

        • the adults are behaving very badly and giving bad example for children to follow, and right on target, the children are now also behaving badly na, and bringing their war to cyber space.

        • Isabelle may after all be the saving grace to bring down the Lolo…naparesign nya Ang drug lord baka naman maparesign nya ang fentanyl chinese governor of the pinas( he treats pinas as a chinese province anyway)

        • I dont know, but the young woman reminds me of the tsarina of russia, she with the legendary wardrobe to die for, ruthless to her enemies but kind to horses, he, he, he, horses were the love of her life!

  2. Quo vadis, Pilipinas?

    This could be our worst political nightmare. Marcos’s clone on a rampage!!!!!!!!!

    • There is only one hope and that is to persuade Supreme Court Senior Associate Justice Antonio Carpio to run for PRESIDENT in 2022.

      • if carpio can keep his head above water and not sink with the turbulence being created at the supreme court, he may have good chance of making it to 2022. four more years to go, and hopefully, he can keep his counsel, hold his head high, his compromises relevant and not so outrageous, his support base growing in stature, man of his word and his temperament not easily given to tantrums, justice carpio could well be our next president.

        under carprio’s presidency and guidance, I would not mind discussing federalism.

    • hindi na hindi ma i-ipasa ang BBL
      at federal under duterte adm.

      bakit? nightmares! bad shots dami.

      wait na lang ang kay ginang robredo
      adm. ang babae magaling pumasa
      ng bola.

      heeee

    • I say, charity starts at home. the old man should first limit his own freedom of speech! he is biggest bungangero sa buong bayan.

  4. Duterte warns of war in Mindanao if BBL, federalism not pursued
    http://news.abs-cbn.com/news/01/18/18/duterte-warns-of-war-in-mindanao-if-bbl-federalism-not-pursued
    —————————————————————————————————-

    Remember, the crazy old man also said before If no special powers given to him traffic will not be solved. … and Now this? War has been happening even before … I remember my military friend said … “if there is no war, the military need not to have a huge budget”

    tama na pls mr old man … pagod na mga tao

    • war in mindanaw if bbl or federalism is not pursued and so the crazy old man threatens, again! if all out war in mindanaw happens, he’ll be 1st casualty! then his family and relatives follows, he, he, he. and battle zone dabaw will be worse off than marawi! already polong jumped ship.

      war in mindanaw! crazy old man wants to put tiamzon couple back behind bars, if only he can find them. they once had dinner pa naman in malakanyang, given free ride and place of honor sa presidential jet, sus sayang kaayo ang mga fisted salute nila, also readily given smiles in megawatts.

      crazy old man did not listen, did not believe when told tiamzon couple are uber rebels that can never be trusted, that’s why they were behind bars. kaso, crazy old man got duped with their fisted salute and false friendship, their olive branch may nakatagong tinik! I bet, the tiamzon’s couple 1st trip abroad was to plot and buy arms for the rebels!

      old crazy old man is so blinkered, his fentanyl dose needs reviewing.

      as he did not listen before, he should listen now to taumbayan when they tell him federalism is not the way to go. people loved democracy, their forefathers and fathers before them fought so hard for it. our soil is drenched with the blood of heroes!

  5. Parang Kailan lang…Eto na naman tayo..

    May dalawang magkatoto Nung bata bata lumalaban ng todo Pananakot ng Diktador Sitenta…Hinaharap, di kumukurap… Mga hampas ng truncheon ng Pulis sitenta Tinitis Iniinda at pasigaw pa ng magkatoto.. Ang mga putang ina nyo babagsak din kayo…

    Marami ang mga gabing bawat bayan ay kakabakaba Baka bigla nlang madukot si Ama o si Kuya Mga maybaril ng Berdugo, Nangangalap ng makikidnap , narinig yatang umangal si Ama o si Kuya. DI ka makaangal sa Pamilya sa Malakanyang O mga Tagasunod nito ayaw ang reklamo.. Puro bulong lang ang kaya ng tao.. hirap na nga dudukutin pa.. Di pa nakuntento ang Berdugong si apo salvage pa ang inabot ng matatapang magreklamo..

    Isang araw napagod na ang magkakapitbahay Sigaw ng Isa : Putang ina di tayong lahat patayin na nila Wala ng halaga mabuhay sa ganitong bayan, Pananakot, pagnananakaw ng Isang Ganid sa Kapangyarihan… Puro bintang sa kung sino sino, terorista daw pag nag reklamo Sila rin pala may pakana ng mga kaguluhan at patayan…

    Nag alsa ang bawat barangay, pinang sangalan ang katawan Sa mga bala, truncheons, teargas at kanyon ng Berdugong Gahaman Nagitla ang Berdugo …wala ng sundalo nyang may sikmurang pumatay at sundin sya.. Nagmakaawa si Berdugo.iligtas syang buhay pati pamilya nya… Pumayag ang tao pinagbiyan sya…

    Bumalik ang anak ni Apong Berdugo Sumuporta gumastos sa ngayoy bagong Apong Berdugo Ano nga kaya ang punot dulo nito

    parang kailan lang ….eto na naman tayo….?

  6. OOT

    just to make your day ladies and gentlemen of Cyber Plaza Miranda…

    Ten top song titles…Spot the common detonator (denominator)….hehehe.

    1. Go Your Own Way by Fleetwood Mac
    2. The Show Must Go On……. by Queen
    3. Don’t Let The Sun Go Down On Me ………………by Elton John
    4. Go Zone…………….. by AC/DC
    5. Don’t Go Away Mad ……………by Fleetwood Mac
    6. Go Down……………… by AC/DC
    7. Can’t Go Back……………… byFleetwood Mac
    8. You’e Gonna Make Me Lonesome When You Go…………….. by Bob Dylan
    9. Let’s Go………………. by The Cars
    10. I’ll Never Let You Go………………. by Duterte

    ugh….

    • News like this from our tongressmen always remind me of what the late Senator from Ilo-ilo always quote “Stupid is Forever!”. What a waste of tax payer money paying these “buwayang” pundits. Scrap the Party List system, they just add to severe corruption problems.

    • I think, the president should stay permanently in dabaw city, taking the presidential seal with him and conduct business there. while leaving malakanayang and surrounding districts for leni robredo to govern and manage. digong got the south, leni got the north, problem solved.

  8. House wants to amend free speech clause in Constitution
    http://news.abs-cbn.com/news/01/16/18/house-wants-to-amend-free-speech-clause-in-constitution

    “No law shall be passed abridging the RESPONSIBLE EXERCISE OF THE freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.” House Deputy Speaker Fredenil Castro

    ———————————————————————————————————-

    how could the word “RESPONSIBLE” be defined? according to Magdalo Rep. Gary Alejano

    As of the moment, it seems “RESPONSIBLE” for them would be .. anything that is good for their ears, and those comments AGAINST or exposing them would be “IRRESPONSIBLE”.

    • @Sam…your definition of ‘responsible’
      is the best!

      Deputy Spkr Castro should, for once
      and for all, adopt your definition so
      there is no more legal fight over what
      is ‘responsible.’

      In short, never leave ambiguous stones
      in the provisions un-turned.

      Just to add, can the House of Senate
      make a resolution to have the CHA-CHA
      by a constitutional convention in
      contrast to the Lower House’s con-ass?

      Just thinking…

      • Senate, some members, appear
        not to support CON-ASS.

        . . . ‘He refused to say, however, if he knew of any senator who had expressed interest in supporting the Con-Ass being pushed by the lower chamber.’

        Headline news today: Lacson wants any senator attending House con-ass expelled

        So, should the SENATE adopt
        for Cha-Cha a CON-CON and
        not a con-ass?

        http://newsinfo.inquirer.net/961130/breaking-news-panfilo-lacson-senate-constituent-assembly-con-ass-franklin-drilon

        • As one here…@duquemarino said
          ‘a runaway’ by Congress,

          a Senate [in majority] preferring a
          CON-CON, no runaway.

          In many constitutional provisions
          ‘voting separately’ or just ‘voting’ by
          Congress’ Houses – is not so clear.

          To avoid a future losing legal vote at the
          SC on that, Senate should go for CON-CON
          and not con-ass.

          Just thinking. . .

        • Assume that there are TWO
          proposals: either CON-CON
          vs Con-Ass for CHA-CHA.

          Submit this to the people at
          large for a VOTE.

          If 16 million still wins for
          Con-Ass, this vote may end
          the important issue.

          Just thinking. . .

        • The debate during the forming
          the 1987 Constitution showed
          that it was/is for a ‘unicameral
          assembly           for the legislative.

          So, any amendment or revision
          provision provided for ‘all the
          votes           of members of the Assembly.

          But for one reason or many others,
          it came out a bicameral
          Congress, leaving un-changed that
          provision on ‘all the votes
          of the members of the Assembly.

          Rapplers’ news says: ‘Framers of the Constitution explained that it is worded that way because it was written on the presumption that the country would have a unitary legislature. When it was changed to a bicameral set-up, the Constitution’s framers forgot to change the provision.’

          Forgot to follow-through.

          Is it a political question if the Senate
          does not join voting with the LH of
          Congress? CJ Puno says: Yes, it is.

          The Speaker of the LH says: ‘Submit
          it for resolution before the SC.’

          Can the SC have jurisdiction on the
          matter on this – a political question
          created by the Senate of Congress?

          Simple understanding:
          When the country would have a unitary legislature,
          the intent of the Framers and the people who
          approved the 1987 Constitution was not changed for a bicameral set-up.

          Framers forgot to change the provision.

          The Speaker has the guts to insists on his
          opinion. Is he the SC also?

          So, there it is. Forgot or guts?

          Who then has the guts, the LH of
          Congress? The SC? The Framers?

          The guts or forgot is with the
          PEOPLE!

          The SENATE should, for all a simple
          understanding of the history of our
          1987 Constitution to go for CON-CON
          and/or vote SEPARATELY from
          Con-Assembly.

          Expensive for Con-Con? That’s the
          people concern, it’s their money. LH
          has no business saying ‘expensive’
          or time consuming. This matter
          is for the people’s welfare and future
          of their children and generations to
          come.

          Do Not Bring the People into a
          dictatorship. Period.

  9. doktor, doktor…kausa ba ito ng funtanyl?

    answer ng doktor: __ __ __’p’*&^ina%$# di ko alam!’

    he he

    another doktor using telescope: ‘walang akong
    nakikita! p’*&$%’ina(@#)!’

    he he

    last doktor: ‘p#$%^ina^&*(! yun mga doktor na yan’

    ha ha ha

    • Seriously, when will the OFFICIAL
      DRAFT be published?

      LH of Congress will now soon by
      a Con-Ass and to follow the Senate.

      Discussion and consideration will
      follow next in CONGRESS on the
      official draft.

      Coming out with un-official draft of
      the constitution will not serve well
      to the public. It may just create more
      confusion.

      Let’s say: the PUBLIC begs for the release
      of the official draft, if any, on this subject
      matter.

      • Are they serious? ‘New California declares ‘independence’ from California in bid to become 51st state’

        ‘The founders of New California took an early step toward statehood Monday with the reading of their own Declaration of Independence from California, a state they describe as “ungovernable.” Their solution: Take over most of current-day California — including many rural counties — and leave the coastal urban areas to themselves. “The current state of California has become governed by a tyranny,” the group, led in part by vice chairman Robert Paul Preston, declared in a document published online. The split would look something like this, per the group: “After years of over taxation, regulation, and mono-party politics the State of California and many of it’s 58 Counties have become ungovernable,” ‘

        https://www.yahoo.com/news/m/ff5841c3-8f25-3fc9-80b0-860359664fd6/ss_new-california-declares.html

      • official draft, the not so official draft, I think, was 1st flaunted sa birhtday party ni alvarez. all those invited yata had perused said draft and added more, kaya the birthday party took 6 days to wrap up. 6 days of betrayal and bulong-bulongan, the nation worse off na, headstart sana nila yon.