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Perils, Pitfalls of Shifting to Federalism
islander:
State of the PH in 2018: Perils, Pitfalls of Shifting to Federalism
by Atty. Christian S. Monsod
Former Commission on Elections Chairman
and Member, 1986 Constitutional Commission
MONDAY, JULY 23RD, 2018
IS the proposed shift to federalism “a Trojan horse to stay in power” for President Duterte and his political allies?
What follows is the speech of Atty. Christian S. Monsod, former Commission on Elections chairman and member of the 1986 Constitutional Commission, at the forum on “Democracy and Governance in the Philippines: Deficit, Surplus, and Unfinished Business” that was organized by the Philippine Center for Investigative Journalism, in partnership with the Office of the Ombudsman of the Philippines and the Right to Know, Right Now! Coalition, on July 5, 2018, in Pasig City, Metro Manila.
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islander:
THE INSPIRATION for the 1987 Constitution was EDSA and the restoration of democracy through peaceful means. But EDSA was more than that – it was also the promise of a new social order especially to the poor with radical changes, but through democratic means.
Before its writing, consultations nationwide were held to listen to the people and they overwhelmingly preferred the stability of familiar structures – a democratic, representative, unitary presidential system, with checks and balances and separation of powers. And, they wanted the power to directly vote for and have access to their president. But from the experience of the Marcos regime, they also wanted safeguards against the return of authoritarianism in any form. They wanted social justice and wanted our national destiny to be firmly and safely placed on Filipinos themselves. Thus, these are the central themes of our Constitution.
All this was, in many ways, counter-cultural and therefore “radical” because our history is marked by a tendency to give up powers to colonizers and dictators, of deferring to so-called “strong” leaders, of allowing business to rule our economy, and of an over-dependence of the poor on rich landowners for their basic necessities.
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islander:
This is validated by the studies of experts that a number of factors account for our laggardness among our neighbors in addressing mass poverty and inequality. But foremost are flawed policies and weak institutions rooted in a feudalistic system that has been impervious to change for generations and, of course, its companion evil: corruption.
The 1987 Constitution is the history of Filipino struggles to achieve an independent democracy. One used to oppressive colonial forces is balanced by a stronger citizenry; a tendency to defer to foreigners with parity rights to our land and resources balanced with stronger pro-Filipino policies; a strong business sector balanced with economic opportunities for the poor; a culture of corruption balanced by more avenues to hold our government officials accountable.
Thus, the Constitution can be viewed as affirmative action for our democracy – to correct the shortcomings of previous constitutions, to address the “wrongs” of history and to empower and enable the ordinary Filipino to rise above himself. It provides a system that should correct itself whenever it threatens to get out of control. And in that process of correction, the role of the people is critical because “sovereignty resides in the people.”
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islander:
Our Constitution is considered one of the most progressive in the world alongside that of South Africa. We already have the provisions that many countries are trying to install in theirs in the search for peace and development.
The 1987 Constitution was the first time that we spoke to the world as a truly independent and democratic Filipino nation. It is a document that had not been imposed on us by any colonial power or by a dictatorship.
The 1987 Constitution cut the umbilical cord of the 1935 and 1973 constitutions to the United States Constitution, which gives primacy to civil and political rights because it is a country of immigrants who all started from the same position and only wanted to be free from autocracy.
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islander:
Our Constitution gives social and economic rights equal primacy with civil and political rights because we are a country of inequalities from the colonial days to the present where the starting positions of the rich and the poor are not equal. Social Justice and human rights are about the adjustment of these starting positions. It is the central theme, the heart, of the Constitution.
It is a Constitution under threat of overhaul because it is blamed as the source of our problems today and is not part of the solutions.
A week ago, I was a speaker at a forum of an international NGO about the future of their operations because of its external environment, both international and domestic. As of December 2017 their list of uncertainties in the Philippines were: democratic space, rule of law, political institutions, civil and political space, domestic and foreign policy, the government’s openness to international aid and development assistance, martial law, revolutionary government and escalating conflicts in Mindanao.
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