WE must continue the public discussions on federalism because this move to change the fundamental structure of our government is quite alive, even if the pace appears to have slowed down. In fact, the Speaker of the House of Representatives is now introducing her own version of a federal government structure.
The implications of federalism in whatever version have far-reaching consequences, so we should not tire of getting to understand the federalism proposals in their entirety. Whether we agree or not, wholly or partly, with the draft Constitution prepared by the Reynato Puno Consultative Committee, (the Con-com), this draft has greatly helped identify the major elements of the federalism concept we should be studying and thinking about.
So, let us proceed to highlight one Article of the draft.
The Transitory Provisions (Article XXII) of the Con-com draft has brought to fore the equal importance of how the change to federalism is to be implemented, not just what the final federal configuration might be.
Let’s read excerpts from the Con-com draft:
“Article XXII. Transitory Provisions.
“SECTION 1. (a) For an orderly transition to the new system of government as provided for in the Constitution, there shall be created a Federal Transition Commission, composed of the following members:
1) The President, who shall be the Federal Transition Commission Chairman; and
2) Ten (10) members…
(b) There shall be a search committee to be headed by the Chairperson of the Federal Civil Service Commission, and four (4) other members representing the academe, business, marginalized sectors, and women. The President shall appoint the members of the committee. The President shall appoint the members of the Federal Transition Commission.
“SECTION 2. The Federal Transition Commission shall have the following powers and duties:
To formulate and adopt a transition plan for the orderly shift to the new system of government;
To organize and reorganize and fully establish the Federal Government and government of the Federated Regions in accordance with the Constitution; and
To exercise all powers necessary and proper to ensure a smooth, speedy, and successful transition.
“SECTION 3. The transition plan shall include the respective transition plans for the different branches of the Federal Government, the independent Constitutional Commissions, the Federated Regions, and other component units.
“SECTION 8: All officials of the government under the 1987 Constitution shall continue to hold their office and exercise their respective powers and duties under such terms and conditions as may be provided in the transition plan.”
The grant of such extensive powers to the Federal Transition Commission is a poison pill. This commission can organize, reorganize and fully establish not just the Federal Government but the Federated Regional Governments.
All existing government positions, national or local, can be reorganized out of existence. All existing government officials shall continue to hold office and exercise their powers and duties—but only under such terms and conditions as may be provided in the transition plan, that is, as the Transition Commission so prescribes, Wow! What power! And who appoints the 10 members of the Transition Commission? The President! As a proper procedure, there shall be a five-member Search Committee to recommend the members to be appointed in the Transition Commission. And who appoints the members of the Search Committee? The President! And, who is Chairman of the Federal Transition Committee? The President!
The Transitory Provisions of the Con-com draft provide the excellent scenario for the exercise of toxic dictatorial powers to be legitimated by a plebiscite to transition to a federal structure of government. I think we would be yielding too much power to one man in a grand gesture of emasculation, even abdication, of citizens’ power. And there’s no appeal or review process for what the Federal Transition Commission might decide or prescribe.
But wait. There’s more. In Article XXI, Amendments or Revision, Section 4 states: “The democratic and republican character of the government, its federal structure, its indissolubility and permanence shall not be subject to amendments or revisions.” (Emphasis supplied). Now, how can a Constitution ordained by the people mandate its own irreplaceable character, in whole or in part, if the very people who have the inherent authority and right to do so wish later to amend or revise the federal structure?
Enough for now.