Federal Constitution: No Need for Speed

 

FINALLY, A copy to review and scrutinize!

Federalism was the reason President Rodrigo Duterte was so het up to roam the country in 2015, pushing for its adoption in the Philippines. Or so he claimed; as he presented himself as a new kind of politician in a virtual campaign for the presidency in 2016. He said federalism would grant greater autonomy for the provinces, allowing these to break away from “imperial Manila.”

But for all the talk, Duterte never made clear what kind of federalism he would implement. Through the first year of his administration, he failed to put forward a roadmap that would move the nation according to a plan.

While different proposed versions about the federal constitution circulated, none could claim it had been read by the president.  He began talking instead about setting up a revolutionary government. Finally, in February 2018, he did appoint 22 members of the Consultative Committee (Concom), tasked to review the 1987 Constitution and draft a new one.

News covered live the unanimous vote of the members of the Concom on July 3. But the commission deferred releasing the text to the public until after they had presented it to the President, which they announced they would do on July 9.

CMFR reviewed three broadsheets Manila Bulletin, Philippine Daily Inquirer, The Philippine Star and their online counterparts; four primetime news programs GMA 7’s 24 Oras, TV5’s Aksyon, ABS-CBN 2’s TV Patrol, and CNN Philippines’ News Night; and select online news sites from July 3 to 11.

Piecemeal Information

From July 3 to 8, the committee dropped information through statements and interviews, like pieces of a giant complicated puzzle –pointing only to some highlights of the draft, like the ban on political dynasty.  But they were silent about sensitive matters, such as the powers given to the president during the transitory period.

Media coverage during the five-day period relied on quotes from members of the committee and from Malacanang, other government officials and some critics.

To the credit of some reporters, media was quick to pick up some critical issues in the transitory provisions, citing critics who detected in the draft possible openings for a term extension of Duterte. Concom members admitted as much, saying a new constitution is a “reset button” for the President and the Vice President.

The president reacted quickly to the speculation. When Duterte received the draft on July 9, he vowed to recommend it to the Congress in toto. At the same time, he requested the Concom to revise some articles in the transitory provisions, including cutting the duration of his current term, removing him as chairman of the Federal Transition Commission (FTC), and banning him and other members of the transitory committee to seek re-election.

Public Awareness about New Charter

Charter amendments are not a bad thing. From time to time, the law of the land must respond to the changing socio-political environment. Some amendments can be done by legislation. A shift to a different system, such as federalism, however, requires a new constitution.

Any country considering this kind of profound change, or even something like the exit of Britain from the European Union, should provide for the full discussion and hearty debate. The people, not just their leaders, should know the consequences of each change and understand how these can affect their lives.

The draft now being endorsed by the president to Congress calls for a keen review not only by the Congress but also by the public. To rush through the process risks a vote without thought and consideration, a plebiscite that calls for votes based on ignorance or false premises. The experience of the Brexit vote is a lesson; when many who voted for the withdrawal of their country from the European Union publicly admitted they did not understand what they were voting for.

It is media’s duty to inform, educate and prepare the people for a possible plebiscite in 2019.

Cheers

CMFR cheers news organizations which immediately published basic information through primers.

Vera Files started a series of fact sheets on July 9, including infographics that summarized the new system based on the Concom proposal: what a Federal government looks like, how the charter bans political dynasties, the impeachment process under a federal system. The news organization also published a comparison of the current Constitution vis-à-vis the proposed reforms. These visuals simplified for the public the Concom’s proposed Federal-Presidential government.

Philippine Center for Investigative Journalism (PCIJ) published a series of primers “unpacking federalism.” The stories discussed current statistics on land, population and state of wealth of the proposed federal regions. Another PCIJ story pointed out the possible risks in the government’s drive towards federalism, including the lack of public knowledge, possible term extensions, and questioned the huge budget for public information campaigns and other amendments that may be included by Congress when it discusses the draft.

On transitory provisions, PCIJ noted that term extension is not exclusive to president alone but applies also to other political positions.  PCIJ on July 10 questioned the draft’s silence on the terms of barangay and Sangguniang Kabataan officials who had been recently elected. The report further observed, “In the pro-federalism forums organized by DILG, barangay officials have been so advised that under federalism, extended tenure could be one of their windfall benefits.”

Related to this point, Pia Hontiveros in News Night on July 10 asked about the term of current cabinet members and other presidential appointees. Reporter Joyce Ilas said the officers have to step down and the FTC will assign a different set of officials. The reporter, however, did not say if current officers can be re-assigned to a federal cabinet post.

Continuing Discussions

The Duterte administration has made federalism a now or never issue.

Media has correctly reported the opposition of several critics to the government’s apparent haste to initiate the shift.

Citizens must ask: what’s the rush? Despite reports reflecting the concerns of bishops about the speed with which government seems set to make federalism a reality, media itself did not examine this issue in greater depth.  Reporters did not bring up the question when they interviewed those who support the shift to federalism.

The merits of federalism for the Philippines should engage the public in lengthy discussions, not just in the media. There should be forums for all sectors to discuss the effect of the shift, the regional clusters and the impact this would have on local politics. Knowing the nature of local politics and the domination of political clans and dynasties, the public should ponder the potential for abuse of power.

The media should not treat this as ordinary news. Otherwise, they fail their obligation to help people realize the short- and long-term issues of federalism.  At this juncture, the media should expand the public forum and call for more time to review the prospects of constitutional change.