By Raïssa Robles
Now I am convinced that federalism is but a ploy to grant Duterte the same authoritarian powers that the late dictator Ferdinand Marcos used to enjoy.
The draft Constitution dated June 30 shows that the Duterte Constitution would be wide open to mischievous interpretations that would enable him to become a dictator. The draft being submitted today by the Consultative Committee contains the same sections and words that I am referring to.
I am zeroing in for now on two sections:
Section 4 of Article XX; and
Sections 1 and 2 of Article XXII of the Transitory Provisions
Section 4 gives the President, in this case Duterte, such overbroad powers—to “take all measures necessary”.
Section 4 reads this way:
Section 4. In case any region fails to comply with its obligation as provided for in the Constitution which seriously undermines the sovereignty, territorial integrity, economy, or the unity of the Federal Republic, the President may intervene and take all measures necessary and proper to address the failure. Within thirty (30) days from the intervention, the President shall report to Congress the actions taken. Congress may take appropriate action on the report by a majority vote of its members voting jointly. If necessary, Congress may authorize the President to take further actions until the crisis is resolved.
It is wide open to mischievous interpretation. At the moment, under our present Constitution, Duterte can only impose Martial Law and use Martial Law powers in case of “invasion” or “rebellion”.
This section will allow him to interpret as he pleases what these words mean -“seriously undermines the sovereignty, territorial integrity, economy, or the unity of the Federal Republic” and “take all measures necessary”.
Remember, Duterte declared a state of national emergency just for one bombing incident in Davao City. No other president after Marcos had done that. Marcos, if you recall, suspended the writ of habeas corpus after the Plaza Miranda bombing.
So I’m thinking, what if the Moro National Liberation Front or a breakaway faction of the Moro Islamic Liberation Front would declare independence and run their flag up a flagpole?
I would not put it past Duterte to interpret that as seriously undermining the unity of the Republic even if they have no capability of seceding from the Republic.
♦ ♦ ♦ ♦
Sections 1 and 2 of Article XXII of the Transitory Provisions gives Duterte the power to issue decrees.
In Philippine history, the only post World War II president who could do that was Marcos. He gave himself that power to make laws and keep amending the Constitution.
Duterte is being empowered to do that by Section 2 of the Transitory Provisions. It reads this way. I have highlighted the part where it says the President can issue “decrees”:
Section 2. The Federal Transition Commission shall have the following powers and duties:
a) To formulate and adopt a transition plan for the orderly shift to the new system of government as provided for in the Constitution. The transition plan shall be published in the Official Gazette and in at least two (2) newspapers of general circulation, and any digital platform chosen by the Transition Commission; (b) For the proper execution of the transition plan, it shall promulgate the necessary rules, regulations, orders, decrees, proclamations, and other issuances, do all acts to implement the same, and resolve all issues and disputes that may arise therefrom….
♦ ♦ ♦ ♦
What I noticed about the entire draft Constitution is that it does not spell out in detail the steps of transition from presidential to federal.
IT LEAVES THIS ALL UP TO DUTERTE.
And he is being given all-encompassing powers to do that.
But what if, like in 1973, we never transition from presidential to federal? What if Duterte just keeps dribbling the ball the way Ferdinand Marcos did from 1973 to 1986?
Marcos was able to persuade most of the 1972 Constitutional Convention delegates to rewrite parts of the draft Constitution so that it was tailor-made for him. He was also able to persuade the politicians of the locked-up Congress to back his new Constitution.
He promised all of them that they would become members of the Interim National Assembly the moment the Marcos Constitution was ratified in 1973.
And so they supported Marcos and the ratification of the 1973 Constitution.
They were all fooled.
Marcos never budgeted nor called for the convening of the Interim National Assembly.
Instead, in 1976 or three years after the ratification, Marcos issued Presidential Decree No. 1033 in which he proclaimed that the Interim National Assembly would no longer be convened. Instead, he called for the holding of elections for members of the Interim Batasang Pambansa.
That is how Marcos used his decree-making powers.
And there is nothing to stop Duterte from doing the same.
You want proof? Read PD 1033 by clicking on this link – https://www.lawphil.net/statutes/presdecs/pd1976/pd_1033_1976.html
♦ ♦ ♦ ♦
With this background, please take the time out to read my piece today in South China Morning Post (HK) by clicking on the link below. In this piece, former Senate President Aquilino Pimentel Jr., who is with the Consultative Committee, confirmed to me that the Federal Transition Commission headed by the President (assumed to be Duterte) was being given the power to issue decrees during the transition period.
My SCMP story is entitled. Just click on the title below to read the story:
leona says
‘Tis still RAINING into ‘A shift to federalism will be on President Duterte’s legislative agenda for his third year in office, Malacañang said on Thursday.’
‘Tis not one shift but MANY SHIFTS under a transitional President for federalism with vast powers to enjoy to implement federal government in reality.
Why Con-Com PUNO & Co. proposed PDutz as transitional President for this is a big mistake. To ban PDutz from running in Yr 2022 for President is not the issue anymore but changing to federalism with him as enforcer.
This SECTION was modified: ‘Section 4. In case any region fails to comply with its obligation as provided for in the Constitution which seriously undermines the sovereignty, territorial integrity, economy, or the unity of the Federal Republic, the President may intervene and take all measures necessary and proper to address the failure. Within thirty (30) days from the intervention, the President shall report to Congress the actions taken. Congress may take appropriate action on the report by a majority vote of its members voting jointly. If necessary, Congress may authorize the President to take further actions until the crisis is resolved.’
Modified but the horns & fangs are still there.
Clip all this federalism with a NO vote. SENATE should be one to LEAD this NO vote and the majority of the voters/people FOLLOWS.
http://newsinfo.inquirer.net/1012209/president-to-place-shift-to-federalism-on-agenda
leona says
. . . or the other way around Voters/People Vote NO and the SENATE follows.
leona says
. . . ‘Contrary to the assertion of some senators, deputy speaker and Batangas Rep. Raneo Abu said there is already a law providing for the implementation of the initiative mode of doing Cha-cha via a direct petition by voters.’
If the SENATE voices out NO,
Initiative mode – direct petition by voters – a law for this Cha-Cha federalism.
https://www.philstar.com/headlines/2018/07/20/1835124/no-elections-september-or-bust-alvarez
leona says
Sec. Harry Roque said ‘Roque reiterated that the President is not interested in becoming a transition president.‘
Why did Puno & Co. proposed in modification that the incumbent President will be the transition President? Ang gulo !
Harry is well versed as he got a copy of the draft. We, public at large, do not have it to know.
Where will the public know about this draft? We will never know is the answer.
Not even in the Initiative Mode – direct voting by the voters if SENATE votes NO.
Hurry Hurry Hurry
https://www.philstar.com/headlines/2018/07/20/1835135/duterte-bucks-no-elections-wont-stop-initiative
duquemarino says
DU30 or his annointed?????
arc says
roque and puno just neutralized each other, canceling each other, both imbeciles sa tingin ko po, he, he, he, roque virus and puno microbe both nuisance. their heads should be ompogin together, yong dura mater nila full of noodles and oodles, he, he, he. needs untangling.
of course puno would recommend digong to be transitional president, digong is paying puno’s commission after all. boss ni puno si digong. habang si roque, boss niya is his own his wagging tongue. digong agrees with anything roque says, because it means nothing!
roque is all for yaba daba doooooo- ing! interpreter ni digong yan pero hindi naman accredited, interpret ng interpret, kahot yong hindi nangangailangan ng interpretation, ini-interpret, spox attempts to monopolize the doxy man falls flatter than as pancake.
it’s no wonder people are confused. and when people are confused, it’s best to stick to what is tried and true and that is democracy, stick to democracy! the republic of the phillipines, not the federal republic of the phillipines, where words clashes so often, meaning is what, exactly what. what, what, what. watawat! dudes cannot even sort themselves out.
cannot eve
arc says
puno wants digong to be transitional president so pinas can sink further into despair, no hope, no money.
roque says digong is not interested, but can be talked into? not interested being transitional president, gusto kasi maging dictator, if not president for life gaya ng chinese president jinping, presidente habang buhay! all whims, wishes and caprices obeyed. the man who would be king.
dont make him king, dont give him the votes! NO to federalism.
NO could well the only thing that will save us all from digong’s hellfire!
leona says
This Adm is unto KILLING even our TREES.
‘Its green cover shrinking each year, Metro Manila will again be losing trees en masse for the sake of urban convenience.
Around 500 sidewalk trees are being removed to give way to a road-widening project in Taguig City’s commercial district, with the approval of the Department of Environmental and Natural Resources (DENR).’
Ordinary folks have to get a permit to cut down trees but GOV’T no. 500 TREES!
Continue the FLOODS!
http://newsinfo.inquirer.net/1012154/500-trees-must-go-to-widen-taguig-road
john c. jacinto says
VP Leni is the direct target of this Cha-Cha. The transitory provision allowing Duterte to run for the position of transitory president is precisely what the doctor ordered so that Bobong Makoy could end up in Malacañang despite having been trounced fair and square by VP Leni in 2016. Ex-CJ Davide is right in saying that under this draft constitution, Duterte would run as such with Bobong Makoy as his running mate and they would both win. That’s because this evil duo would surely make sure that they will win come hell or high water. Kaya ngayon pa lang ay biguin na natin ang mga demonyo!!!! NO TO CHACHA AND NO TO FEDERALISM!!!!!
arc says
yes! yes! yes! tama po kayo john c jacinto, tamang tama!
tama rin po ang karamihan ng mga komenters dito for not pushing federalism, for not having good faith in federalism, for questioning federalism and its motives. and for not being fooled by the promises and more pledges, endless pledges courtesy of duterte et al. more wealth for everybody kuno and yet everybody seems to be suffering; yoked and shamed and carrying the burden just so these bad politicians, TRAIN devourers and parasites can enjoy the good life, taxing the people more and bleeding them dry.
under federalism, expect more taxes to be imposed, and TRAIN will metamorphose into a much bigger FOLLY!
no to cha-cha, no to federalism!
leona says
VP Robredo is ONE of PDutz’ items to remove. TAMA KA.
. . . ‘Now I am convinced that federalism is but a ploy to grant Duterte the same authoritarian powers that the late dictator Ferdinand Marcos used to enjoy.’ RAISSA ROBLES.
PDutz enjoyed as Mayor of Davao City for years end. Now he wants to ENJOY for it nationally for as long as he lives.
Federalism A PLOY. With vast powers. Sobra ang ambition. Pahamak tayo.
Mr. Renato Puno & Con-Com giving PDutz as transitional President – ALL ROLLED INTO ONE for authoritarian dictator. Enjoy siya TAYO HINDI.
What I cannot understand is the hunger for excessive political powers to the extent of becoming a dictator. Sen. De Lima is ONE VICTIM she tried to check Mayor Duterte of Davao City. She failed. Now she is detained in JAIL.
Ex-CJ Sereno another VICTIM. She is out of work.
The SENATE will be a bigger VICTIM when federalism is IN.
Can the country TRUST Pres. Duterte on ALL these political moves for our goodness?
Some MANY do trust but ALL of us will have MISTRUSTED all these moves. I and YOU do not know what’s the END to all these adventures of this Administration but the PROOF of the pudding is glaringly before our eyes!
In our gross IGNORANCE about this federalism moves as proposed WE VOTE NO.
Vote NO. Voice it out NO. Tell THEM it is NO. Our ACTION is NO. In Davao City people could not say NO. Now nationally the overwhelming MAJORITY should pray for NO.
Never Again any particle of MARTIAL LAW or dictatorship by Rodrigo Roa Duterte that MARCOS enjoyed.
Never Again Martial Law or Duterte Law
leona says
Radio announcer DWZR’s Joey Llanin LEGAZPI CITY KILLED.
‘Llana was reportedly a hard-hitting radio commentator handling a block time public affairs program at radio station DWZR Hypersonic Broadcasting Network (HBN).’
He was hard-hitting commentator. Killers ripped & hit him hard! RIP Joey Llanin.
PNP will investigate daw. This incident is one of TOO MANY already under in the ON-GOING to federalism.
Ala Davao City style under Mayor Duterte. Kill ’em all.
16M targets plus hard-hitting radio announcers plus mayors vice mayors priests ATBPA
in this project for federalism!
NEXT will be ANYBODY in the 110M who hard-hits to VOTE NO to this project.
NO vip on NO votes will be not be safe. PROTECT YOURSELVES. The REST OF US cannot have that protection – we don’t have money for it.
Ala Davao City style is the norm now. Kill ’em all.
leona says
http://newsinfo.inquirer.net/1012229/radio-broadcaster-gunned-down-in-albay
arc says
the more they (admin) kill people, the more the people resist! the stronger the conviction become and the wider it spreads that federalism is for the lawless, and should not be allowed to topple democracy.
this rehimon can kill people, but cannot kill convictions, ideas and ideologies. people can die, shoot on order, but their fight remains, others to take up the fight and push it even further.
albay may not be dabaw, but the dabaw solution of killing opposing voices is stupid. is silly, is fentanyl, is imbecile, he, he, he.
leona says
Alvarez said, it would be very difficult to achieve this goal.
Not only difficult but any changes by Congress as Con-Ass is not
the preferred way.
People feels safer with a Constitutional Convention of delegates under
the 1987 Constitution. Mr. P. Alvarez is leading to hurry up the change.
What’s the hurry? Are we expecting to reside in hell if we not hurry?
Or it is the possibility that we will be dwellers in hell if we HURRY.
The change should be by Constitutional Convention by delegates CCD for short.
Reject Con-Com proposals. Reject Con-Ass on it.
Go for NO if ever it is submitted. If the proposal is rejected by even
the Senate or majority clamor of the public, CCD should be the right
choice, no other.
Kalahari says
Is there really a need to change the 1987 Constitution and shift to federal system, as has long been championed by former senate president Nene Pimentel who hates Imperial Manila with its huge concentration of wealth ? Will federalism solve the long standing economic imbalances and inequalities between the regions? According to government think tank, an additional P44B to P72B will be needed for federalism shift.
And who will rule the country? A prime minister (Bongbong? PRRD’s favorite)
Pulse Asia: 2 in 3 Filipinos against charter change now, majority oppose federalism shift.
arc says
what a lot of darak this nene pimentel is! what imperialist manila? didn’t nene pimentel got his salary from the bank vault of imperial manila? wasnt he educated in imperial manila? got friends in imperialist manila, got his office in imperialist manila too? why his unhappiness with imperialist manila? ah, he is not worship as ultimate god kasi, just one of the many lang siya sa imperialist manila na may kaya at popularidad, sharing center stage with others, pwedeng isantabi and ignored other times.
I say, there is no need to change the 1987 constitution, what we need to change is the administration, the president as well, he, he, he. we want a real dragon, one with fire in his belly, not one that flies to dabaw each time there is problem and having his nails done there, he, he, he. surrounded by his comfort men na sina lorenzana, esperon, bong go, roque, et al.
saka, the likes of nene pimentel thrived on the 1987 constitutionh, got elected under the 1987 constitution, married, have babies, gotten rich and influential, and now killing the 1987 constitution golden goose na sila. demented is pimentel, he, he, he.
pimentel if he is still sane, should kill federalism, not the 1987 constitution that has given him so much.
under federalism, pimentel could be at worse situation than he is now. new players are unpredictable lot, barely have word of honor sila, and may hot even pay pimentel for efforts rendered. and if pimentel insist, he might just get slapped on the face. thanks but no thanks.
leona says
For me there is NO NEED to change the 1987 Constitution. except to AMEND some provisions but by a Constitutional Convention by Delegates.
We really DO NOT KNOW why this Adm see it as there is a need except to ABUSE and RAPE this country & its PEOPLE.
Adm spokeman says ‘Pres. Duterte will have no hand for NO-EL. Is HRoque blind, deaf and not DUMB? Duterte’s people are DOING for NO-EL for him. Can’t Harry not know that? Puno ng KULANGOT.
http://newsinfo.inquirer.net/1012194/duterte-not-involved-in-no-el-roque
arc says
digong has no hand in the move of not having election? digong did not use his hand, but spoke the words, did all the actions and the haranguing, the ordering and the financing, he, he, he. at panay abswelto naman si roque, and between them, kakatayin ang pinas!
drill down says
https://amp.thedailybeast.com/trump-putin-summit-is-more-like-a-meeting-of-two-mob-bosses
arc says
united states of america can be great again, only if russia allows it, lol!
anyway, loved loved loved the antics of girl band pussy riot, they not only shamed putin but also stormed, ( no pun intended po, stormy daniel, the porn star paid off by trump) soccer pitch in moscow while world cup was being played between france vc croatia, both fighting for 1st place. france won, croatia lost.
despite tight security, the three members of pussy riot dressed as policemen got through and run the field, chased by security. and putin was stony faced.
apparently, putin got some dirt on trump, and trump not wanting his dirt to be made public, is tamed at naging lemming ni putin.
at saka, it was not like a summit but more like a submit, with trump doing the submitting.
leona says
This PLANET has a couple of errants/tyrants. iTch for Phil for US for China for N.Korea, for Iran for ISIS atbpa!
’tis an iTCH.
iTCH for Phil & for US pareho mahilig mag withdraw ng salita mag apologize. Very alike.
iTCH che beenie wennie maka abla nemo wa-is.
They got the itch. Buy scrathie.
leona says
There is a lot of potential mess-ups taking place to happen soon very soon.
Con-Com is one causing this. Adm is another.
Will it be there will be no elections for senators etc. this 2019 but instead an election for transitional officials for the proposed Bayanihan Charter [federal constipation]?
Scene 1: While there is a transitional atmosphere led by Pdutz who is barred to run for President in 2022, is the 1987 Constitution in the dust bin history already or not?
Scene 2: While transition phase is being faced will this country arrived at a new presidential election by 2022 or will there be chaos or mob rule happening due to incapacitated political messes?
Scene 3: Under Scene 2, what happens if or when there is total or even partial failure to get the engine running under federalism?
Scene 4: Will it be a back ‘N forth to the 1987 Constitution or will a monster crop up instead to rule over this country?
Scene 5: With a monster under Scene 4 in our midst, will there be a military rule to try to fix things up?
The latest proposal by the Con-Com as asked by Pdutz, should the voters approve or disapprove the proposed Bayanihan Charter – the federal constipation system?
Know what you are going to do VOTERS when the day comes for it.
leona says
OOT
query to MODERATOR: what is the meaning of ‘leona’ in red letters
while other bloggers’ ID are in black?
hmmm. . .
raissa says
Hmmm.
I have no idea.
Let me see if I can find out why.
arc says
as regards leona’s scene 4 above, a chinese backed military rule perhaps with pinas already being touted as province of china? sa halip ng inquiry sa patayan ng military vs polis sa samar, military and polis on each others throat, taumbayan is plugged with federalism instead with god being made stupid thrown in.
ang gulo ng takbo sa isip ni digong! ang gulo ng federalism niya, transitory period no guarantee of peace and prosperity, all jetskis in the making itong federalism with no solid economic ground to support itself. habang panay naman ang pambobola ng mga alagad ni digong, we shall all be rich under federalism kuno, live happily and content kuno, yeah, the imbeciles are talking about themselves and how better well off they will all be, the taumbayan hoodwinked and fooled yet again. aapakan na naman.
when digong’s politician friends talk about “we” they mean themselves, taumbayan should not believe they’re included. these politicians can be so convincing, taumbayan halos walang pangontra, he, he, he.
all the bad to badder to baddest players, the power grabbers, the friends of digong and his appointees, opportunistic politicians, the marcoses, the alvarezes, the pimentels, bong go, his mini mes and many others, are all ganging up ready to impose themselves, he, he, he. naked ambitions nila walang kapalit, ayaw ng kapalit, walang hangan. one billion in the bank is not enough, they must countless billions! and the power to enrich themselves even more.
shame. federalism is a sham. dont be fooled.
netty says
Do the people really understand most or some of the issues , changes in the gradual to sudden change into Federalism? Never mind the Martial Law because the country is already inching close to that.
There are different taxes to be considered in the FEDERAL GOV’T. I am not sure if this is included in the changes depending on the economy of the different provinces.
Here’s some info, the sudden leap without informing the public is like a financial suicide to all the Filipinos.The TRAIN TAX is hard enough, what more of this.
“The harmonized sales tax (HST) is a consumption tax in Canada. It is used in provinces where both the federal goods and services tax (GST) and the regional provincial sales tax (PST) have been combined into a single value added sales tax.”
Harmonized sales tax – Wikipedia
Paki explain nga, Mr. VAT RECTO?
Just a curious question. Whether the draft is curbing on political dynasties or not, is dual citizenship allowed to run for politicians now at present ? This is a very hidden fact and always given a security clearance by the govt, I presume. Could they serve many or two masters in their role ?
If not, shouldn’t some be q. w. as well if found out. Ah , anything goes in the country, no surprises if some are allowed and hide the fact.
Example: GRACE D’POE , CayetaNO
arc says
uhm, may anti-tambay policy ang gobyerno yata nayon; anti-people, homophobic. mga tambays hinuhuli, accosted, silenced, shut upped, threatened, made irrelevant, their gatherings broken up.
kaso, sa tambayan o networking is how ang karamihan sa atin process info, discuss, talk about, debate, assimilate o defunct all sort of stuff. part yan sa culture natin, to talk under the sun, under the trees, on road corners, free of charge and rarely with a need to attend symposia, pay and get to venues, and maybe listen to academic language unfamiliar to most.
tambays may look like hoodlums, but dont judge a book by its cover. tambays have their own purpose, they notice things, pass on info and love their country too. some of them are jobless and others are respondents sa surveys.
tambays have families, relatives, friends and associates, and in their multitudes they can bring federalism to discourse. and these are the same people that’ll be voting sa plebiscite.
tambays need to be informed plebisciters, not rounded up and accosted at polis chief albayalde’s pleasure.
leona says
Let us know and make known on the DRAFT of the federal law from other people like:
Former SolGen Hilbay. He finds the following:
1.) the DRAFT is a step backward.
2.) the 1987 Constitution is better than the draft.
He finds that: – ‘“The language of the draft federal constitution on national territory is too soft for me. National territory is already established in current charter; there’s no need to create a new definition,” he stressed.’ NO NEED TO CREATE A NEW DEFINITION but Con-Com saw a need. What’s the reason?
Also – ‘ “He also pointed out that the portion defining territories by historical rights and legal title may create “monsters of interpretations.” ‘ Monsters! Why? He does not explain.
Further, – ‘Hilbay said he considers the transitory provision in the draft charter as the “most problematic” because it gives the President the constitutional license to exercise all powers.
He also warned that under the draft federal charter, the sitting president can declare martial law anytime.
“If you give the president power to declare martial law because he believes there’s lawless violence, you’re giving him prior license to declare martial law anytime,” he explained, saying the martial law provision is the “most dangerous part” of the draft charter.’
Transitory provision – PROBLEMATIC. Vast powers. Martial Law monster again. Most dangerous part indeed!
In short, the draft is a ONE MAN RULE as many have spoken. Why? – because of the Vast Powers provision.
No – is the VOTE so far.
https://www.philstar.com/headlines/2018/07/12/1832778/ex-solgen1987-constitution-better-draft-federal-charter
arc says
gagayahin yata ni digong si jinping na naging china’s president for life. as for digong being president for life, his minions gaya nina roque, alvarez, et al, can then do as they like all in diigong’s name, rule the country as they like in digong’s name as well, okay yang si digong, just mention his name and all is well siya.
god knows, maybe even digong will decree all churches be burned, churches lands be confiscated and land reformed just like boracay! one man rule, jingping rules china forever, digong is likewise sa pinas.
transitory power, transitional power, a window for digong to impose whatever it is he wants to impose and maybe even appoint caretaker govt headed by bong go. kaya puspusan na ang pag-epal ni bong go ngayon, mamumulita ng husto and giving many things that have bong go’s name on it like pens, cell phones,etc.
transitory power is the loophole, the devil waiting to pounce.
arc says
seriously po, the draft is just a window dressing, a cosmetic to mask the main event: the transitory power. much like insurance policy where manufacturers give 99 per cent product guarantee, the one percent that manufacturers cannot give guarantee is the miniscule that many overlook.
surprisingly enough, most product defects fall under the one percent that manufacturers cannot guarantee, kaya na-null and void ang insurance policy.
and who benefits the most from the discrepancy? syempre ang manufacturers. lugi ang buyers.
similarly, lugi ang taumbayan sa by blow nina puno. best to disregard federalism and vote NO.
vote NO to federalism.
leona says
One of the important POLICIES of the Federalism Study Group was to do only some ‘amendments’ to the 1987 Constitution:
(3) There is no need to come up with an entirely new Constitution. The 1987 Constitution has many good provisions that need not be changed. Thus, we have taken a “surgical” approach towards amending the fundamental law, concentrating only on the articles and provisions that would enshrine federalism into the Constitution and strengthen our public institutions, among others. Thus, there are articles in the 1987 Constitution that are left practically untouched such as Articles on the Bill of Rights, Citizenship, and Suffrage, among others.
So, it was not the idea of totally ‘revising’ but only amending some
provisions. Why Mr. Puno & Co. did not follow this policy is mysterious.
Worst, many items were overlooked and many items added in violation
of this policy.
The draft is hurriedly done and is a very bad draft to consider on.
http://www.iag.org.ph/index.php/blog/1503-the-pdp-laban-model-of-ph-federalism-an-executive-summary
leona says
to continue. . . about what was the idea by the Federalism Study Group (FSG).
(1) . . . must discern its own version of federalism according to the peculiar conditions of their societies. Therefore, it is important to learn from the experiences – whether good or bad – of existing federations.
Mr. Puno & Co. gave VAST powers to Pres. PDutz in the Transitional provisions. A very deadly poison to swallow for the people and voters.
(2) Many of the established federations in the world like the US and Australia examples of “coming together” federalism, meaning they were independent states that decided to bond together. We, on the other hand, will be an example of a “holding together” federalism, because we are already a unitary state seeking to shift into a federation.
. . . ‘coming together’ and ‘holding together’ under VAST POWERS! Very ideal but extremely suicidal for the country of what the draft is about.
We should not approve this draft with a ‘Yes’ vote but a loud sounding NO vote.
arc says
uhm, pardon the expression po, but I say, stick the draft up their asses! lol!
my friend po wants the draft rolled up and puno hit on the head with it, lol uli!
hit once on the head for complicity, hit twice for duplicity, hit thrice for lack of rice, lol!
leona says
VAST powers in the Transitory Provision:
1. to formulate and adopt a transition plan for the orderly shift to the new system of government.
2. promulgate the necessary rules, regulations, orders, decrees, proclamations and other issuances.
3. do all acts to implement the same.
4. resolve all issues and disputes that may result therefrom.
5. organize, reorganize, and fully establish the Federal Government and the governments of the Federated Regions.
6. to exercise all powers necessary and proper to ensure a smooth, speedy and successful transition..
Into the Bottom Line:
7. as chair of the FTC, Duterte has unlimited powers–to hire, fire, organize, reorganize, determine what will be the states that constitute the federal system.
8. with power as to how these states will themselves transition, for at least three years.
9. This power goes on UNTIL JUNE 30, 2022, when the first national, regional and local elections will have taken place, and our first elected leaders under the new constitution take over.
And lastly –
10. All of the ABOVE are the Dictatorial Powers.
Not even an ideal draft.
Proposed Suggestions: (1) Delete the Transitional Power provisions in toto! And SCRATH Article 1 to last Article!
(2) Re-study the 1987 Constitution and propose what Article or Articles needs to be amended instead but never propose those VAST powers 1 to 10 above.
(3) Do not forget that you are working on some defects, which there are, of the 1987 Constitution. No constitution is ever perfect.
The US Constitution is one imperfect instrument. What did they do? The law-making body inserted ‘amendments’ which is a good idea to focus on any defect or overlooked provision(s).
The 1987 Constitution is not totally broken. So, if it ain’t totally broken do not change it totally.
Mr. Puno, recall this: ‘The Consultative Committee (Con-com) as tasked by President Rodrigo Duterte to review the 1987 Constitution has crafted a 114-page proposal for a fundamental law of the land that would usher in a shift from a unitary to a federal form of
government.’ REVIEW.
Then, it was thought by the Federalism Study Group(FSG) that:
-No. 3. There is no need to come up with an entirely new Constitution. The 1987 Constitution has many good provisions that need not be changed. Thus, we have taken a “surgical” approach towards amending the fundamental law, concentrating only on the articles and provisions that would enshrine federalism into the Constitution and strengthen our public institutions, among others. Thus, there are articles in the 1987 Constitution that are left practically untouched such as Articles on the Bill of Rights, Citizenship, and Suffrage, among others.
FSG said: – ‘It is essential that we continue to strengthen our democracy not by supplanting or doing away entirely with the 1987 Constitution but by improving the current Constitution, the charter that allowed us to abandon Marcos authoritarianism and move forward. In doing so, we ensure Constitutional continuity and stability while at the same time make adjustments in our charter to address the needs of the present and the future.’ Not to do it away the 1987 Constitution.
Finally, the FSG said: ‘ having a president, a prime minister, a cabinet and regional chief ministers will help spread out the burdens of governance, avoid a single issue agenda and, most importantly, help speed up regional development by giving more powers to the regions, which is the main objective of our reform. More horses pulling the national and regional wagon together is better than one.’
What the Con-Com under Mr. Puno & Co. did is to propose, specially the transitory provision –
the VAST POWERS to the incumbent President. A dictatorial single issue agenda at that.
arc says
at saka, I’ve read somewhere puno saying he personally guarantee na anti-dynasty clause remains in the draft kuno, ulol! susmariangmikililing! dapat waiver, not guarantee. at saka, what is puno’s guarantee worth these days? less than kulangot, lol! less than laway! he, he, he.
tap away, puno, and keep dancing to digong’s tune, ikaw. wear out your dancing shoes? no problem, digong will get you dozens pair of shoes made in china. he, he, he.
puno is tiresome to listen to. namumurwisyo, I dont know how to say that correctly in tagalog, he, he, he. aha, purwisyo, right? puno purwisyo, daft kaayo.
leona says
Puno is/was a Yes-man under MARCOS.
He is now also like that under DUTERTE.
I like your style in KULANGOT in him. Mixed with LAWAY it is BIBENGKA-NGOT.
Puno is BIBENGKA-NGOT.
No to BIBENGKA-NGOT.
Hayyyy! I just bought Bibengka yesterday. Mabuti walang kulangot!
No VOTE to feederal-kulangot.
Kalahari says
Draft constitution: Be very afraid (by Solita Collas-Monsod)
“I have a copy of the draft new constitution (as of 6/27/18) framed by President Duterte’s consultative committee, which he tasked to review the 1987 Constitution. It was signed on Tuesday, July 3, so it is fair to assume that not much could change in the six-day period between the draft and the signed document
So what are the major difference between the 1987 Constitution and the proposed constitution?
A very important difference is that, right from the get-go, the proposed constitution adopts a federal form of government;it is the constitution
of the Federal Republic of the Philippines. Not surprising, really, because all the members of the committee were pro-federalism also from the get-go.
I want to remind you, Reader, that the March 2018 Pulse Asia Survey showed that the opposition to Charter change went up from 44% in July 2016 to 64% in March 2018, and the opposition to federalism went the same way, except by a larger margin — from 33% to 66%
But, wait, That is not all. The transitory provisions of the proposed constitution have given President Duterte vast powers between 2019 (I assume that the plebiscite will be held in 2019, a reasonable assumption) and 2022. And it allows him — at least that’s what committee member Julio Teehankee has publicly admitted — to run for President in 2022. Since the new constitution provides for a four-year term plus one reelection, that means he can be our President (unless death intervenes) for a total of 14 years
He will, of course, be 85 years old by then. But, hey, Mahathir Mohamad of Malaysia is 94 years old. I hasten to add, however, that Mahathir neither drinks nor womanizes. That make a difference
What vast powers do the transitory provisions give President Duterte?
Well, first, he will be the chair of the Federal Transition Committee (FTC), with 10 other members that he will appoint from a list supplied by a five-person search committee, of which four are also appointed by him. Lutong Macao
And what does the FTC do? Wow, it will formulate and adopt a transition plan for the orderly shift to the new system of government, and it will promulgate the necessary rules, regulations, orders, decrees, proclamations and other issuances, do all acts to implement the same, and resolve all issues and disputes that may result therefrom. PLUS, it will organize, reorganize, and fully establish the Federal Government and the governments of the Federated Regions, in accordance with this constitution; and exercise all powers necessary and proper to ensure a smooth, speedy and successful transition.
This transition plan that the FTC is responsible for will include the respective transition plans for the different branches of the Federal Government, the independent Constitutional Bodies, the Federated Regions and other components units; plus the fiscal management and administration plan, which includes, but is not limited to, resource generation appropriation, allocation and expenditures
Then, almost as an afterthought, it would also include the establishment of mechanisms for people’s participation in the transition. Gee, thanks
This power goes on UNTIL JUNE 30, 2022, when the first national, regional and local elections will have taken place, and our first elected leaders under the new constitution take over
Bottom line: As soon as the new constitution is ratified, President Duterte, as chair of the FTC, has unlimited powers–to hire, fire, organize, reorganize, determine what will be the states that constitute the federal system, and how these states will themselves transition, for at least three years. Of course, by election time, he will have set the stage for his own election as president for the next eight years
Remember the transitory provisions that gave Marcos dictatorial powers? This is the very same thing. There is a term for it: constitutional authoritarianism. This is what Mr. Duterte must have had in mind when he talked of a revolutionary government
Well, he’s got what he wanted. If the people give it to him, that is.
http://m.inquirer.net/opinion/114431
leona says
VAST powers in the Transitory Provision:
1. to formulate and adopt a transition plan for the orderly shift to the new system of government.
2. promulgate the necessary rules, regulations, orders, decrees, proclamations and other issuances.
3. do all acts to implement the same.
4. resolve all issues and disputes that may result therefrom.
5. organize, reorganize, and fully establish the Federal Government and the governments of the Federated Regions.
6. to exercise all powers necessary and proper to ensure a smooth, speedy and successful transition..
Into the Bottom Line:
7. as chair of the FTC, Duterte has unlimited powers–to hire, fire, organize, reorganize, determine what will be the states that constitute the federal system.
8. power as to how these states will themselves transition, for at least three years.
9. This power goes on UNTIL JUNE 30, 2022, when the first national, regional and local elections will have taken place, and our first elected leaders under the new constitution take over.
And lasty –
10. All of the ABOVE are the Dictatorial Powers.
Mr. Renato Puno, puno ka ng disgrasya!
Not even an ideal draft as it has Ten (10) items puno ng disgrasya to come.
Proposed Siggestions: (1) Delete the Transitional Power provisions in toto! And SCRATH Article 1 to last Article!
(2) Re-study the 1987 Constitution and propose what Article or Articles needs to be amended instead but never propose those VAST powers 1 to 10 above.
(3) Do not forget that you are working on some defects, if any, of the 1987 Constitution. No constitution is ever perfect.
The US Constitution is one imperfect instrument. What did they do? The law-making body inserted ‘amendments’ which is a good idea to focus on any defect or overlooked provision(s).
The 1987 Constitution is not totally broken. So, if it ain’t totally broken do not change it totally.
Mr. Puno, recall this: ‘The Consultative Committee (Con-com) tasked by President Rodrigo Duterte to review the 1987 Constitution has crafted a 114-page proposal for a fundamental law of the land that would usher in a shift from a unitary to a federal form of
government.’ REVIEW.
Then, it was thought by the Federalism Study Group(FSG) that:
-No. 3. There is no need to come up with an entirely new Constitution. The 1987 Constitution has many good provisions that need not be changed. Thus, we have taken a “surgical” approach towards amending the fundamental law, concentrating only on the articles and provisions that would enshrine federalism into the Constitution and strengthen our public institutions, among others. Thus, there are articles in the 1987 Constitution that are left practically untouched such as Articles on the Bill of Rights, Citizenship, and Suffrage, among others.
FSG said: – ‘It is essential that we continue to strengthen our democracy not by supplanting or doing away entirely with the 1987 Constitution but by improving the current Constitution, the charter that allowed us to abandon Marcos authoritarianism and move forward. In doing so, we ensure Constitutional continuity and stability while at the same time make adjustments in our charter to address the needs of the present and the future.’ Not to do it away the 1987 Constitution.
Finally, the FSG said: ‘Finally, having a president, a prime minister, a cabinet and regional chief ministers will help spread out the burdens of governance, avoid a single issue agenda and, most importantly, help speed up regional development by giving more powers to the regions, which is the main objective of our reform. More horses pulling the national and regional wagon together is better than one.’
What the Con-Com under Mr. Puno & Co. did proposed specially is the transitory provision –
the VAST POWERS to the incumbent President. A dictatorial single issue agenda at that.
arc says
draft constitution is daft! in so hurriedly done that many things are overlooked, work of stupids yan baga, lol! the 22 consultatives must be in laxatives! federalism by blow nila, big names, bigger egos, biggest hoodlums. gotta have federalism now while they’re still around to enjoy federalistic by blows! hakakut ng yaman.
big NO to their federalism, what wasters of money these 22 consultatives are! giving more power to digong on the sly, just so makisakay at makasakay sila, them and their families. the 22 consultatives to be recycled as federal ministers occupying top jobs, and they want basbas of the people? in thier dreams!
give them no basbas! NO to federalism.
leona says
That is why touching the fundamental law of the law should be by a CONSTITUTIONAL CONVENTION of delegates A safer course of action.
Besides raw politics influencing the thoughts and ideas of those to make drafts-proposal, people & voters have choices of WHO the delegates will be – only the trusted and independent – for the country’es good welfare.
Mr. Renato Puno & members of the Con-Com are very PRO-DUTERTE unlimited to the sky in the heavens and the earth. Very disappointing and disgraceful at that.
leona says
Congress as Con-Ass will work on what the Con-Com drafted
for the revision [ changing the whole Constitution ].
What time to do all this? The 1987 Constitution says:
. . . ‘Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.’
Before the above-periods start and lapsed, the people need to see the draft of the Con-Com while Congress will be at it, etc.
Question: Is the draft made by the Con-Com on proposing a revision the Constitution of 1987 into a federal Constitution-form in accordance with: ARTICLE XVII AMENDMENTS AND REVISIONS when Congress takes it upon itself the work of the Con-Com’s draft? Is it valid before its approval by the voters?
I mention this because under Article XVII it says only: ‘The Congress’ or ‘A constitutional convention’. SECTION 1.
Is it so that: A constitutional revision is a holistic and fundamental change to a state constitution, in contrast to a constitutional amendment, which is a piecemeal change to part of a constitution. Whether a particular change to a constitution is a revision, or an amendment, is a gray area that has been the subject of litigation.
Is it so that: Basically, revision suggests fundamental change, while amendment is a correction of detail.
Initially, it is to the many’s understanding to this draft by the Con-Com > to The Congress > as Con-Ass . . . is a revision – a fundamental or whole change of the 1987 Constitution to be the Federal Constitution.
The voters or the PEOPLE still in the dark to this draft by the CON-COM.
john c. jacinto says
It is a tragedy of our times that someone as eminent as Nene Pimentel has fallen into disgrace by bowing to the wishes of a mentally unstable, bloodthirsty, thieving dictator-to-be. Worse, his namesake son is also engaged in the same thing. The Pimentels have disgraced their names.
arc says
I have to think na may kapalit po ito, thier good name as a means to an end. maybe po, it’s more profitable to be not matino, pays better pa. you cannot bank good name and honor does not make good monthly retirement check.
usually, people of lesser conviction ay madaling madala sa agos, I’m supposing na ganon ang mga pimentel, nadala at nagpadala ng agos, uberly quickly they turned.
and people like me can turn just as quickly as the pimentels, by not being lead by them and no longer taking their words as the ultimate truth. I’m withdrawing my trust and belief in the pimentels. they’re no longer worthy of once high regard, ngayon po, kasing mura na sila ng kamatis!
arc says
and what do we do with bulok na kamatis, throw them away!
leona says
Not good. Says Mr. Aquilino Pimentel, Jr.: “That’s not good. We overlooked that. I agree with you [that the term ‘decree’ has vast implications]. That’s not good.”.
Meaning: It is bad.
Mr. Ding Generoso said he did not know why the president would be empowered to issue decrees during the transition period.
He did not know why xxx empowered to issue decrees xxx . . . Who knows why?
Until then when the draft of the federal Constitution is totally disseminated to the public at large, We, the people have no knowledge what it is about. And it is bad again.
Good job Raissa Robles for this. Can you get a copy of the draft in its complete form? Thank you.
leona says
I just wish or hope that by this time the Con-Commission has a website
so we can access to look at the draft of the federal constitution.
Ex-CJ Renato Puno or anybody of the staff members?
:-)
arc says
an informed public able to make its own mind, thinking and deciding what is good for itself is enemy of puno, he, he, he. better have ignorant public so puno can weave and loom his handiwork.
puno is going to be busy putting his cart before his horse, got that from edcel lagman, puno soon to be going around the baryos and provinces convincing people of how good federalism is, or how good he is going to be under federalism, how well compensated, how privileged, how influential, how how the carabao. puno spruiking a federalism under wraps and like a scamming salesman, this man is best not trusted.
unwrap federalism 1st, give time for taumbayan time to digest this parasite in its entirety, then puno can come to address issues and concerns, not the other way round of addressing issues even before taumbayan could know what the issue is.
puno is being tyrant, methink, rounding up people to be made gullible. puno does not really care about people, he just want their votes, just their votes only. then, he’ll ditch them gullible people after getting their yes votes.
vote NO, better to stay with the known devil, than vote yes and let in puno’s devil yet to be unmasked. show yourself, infidel!
puno is a rat, lol! one big consultative rat, gnawing, gnawing . . .
netty says
Just a green mellow joke at arc… I really like your style.
here it is: interpret at your own risk CPMERS
puno is a rat, buti na lang di Bino ang pangalan nya.
So, sa mga Bino .. Bino rat
parekoy wer you na? :)
raissa says
what does bino rat mean?
netty says
oH, Raissa, it’s a slang ( with typo) about the foreskin of the men.
— just a small joke relating to what arc said about puno the rat, :)
Everything goes @CPMERS!, :) I hope. TC.
arc says
okay, I’m back, I’ve been unable to visit dahil panay may error establishing data base ang blog na ito ni raissa at two days akong na-itsa-pwera.
sorry about the rat.