By Camille A. Aguinaldo, Reporter
RETIRED chief justice Hilario G. Davide, Jr. on Tuesday said the revised transitory provisions of the proposed Federal Constitution still allow President Rodrigo R. Duterte to run as transition president.
At the resumption of the Senate hearing on Charter change, Mr. Davide said the country may have two presidents if the ratification of the new Constitution is done before 2022, the scheduled shift to a federal system. He said this “anomaly” would allow the incumbent president and vice-president to run for the transition elections.
“The catch here is that the incumbent President is not prohibited from running as transition president. To avoid, therefore, the anomaly of having two presidents and vice-presidents during the transition period, the incumbent is allowed to run as transition president, but not for president under the new federal constitution. He will surely win,” Mr. Davide said.
The Senate committee on constitutional amendments and revision of codes, chaired by Senator Francis N. Pangilinan resumed its inquiry into the pending proposals to amend the 1987 Constitution, with the members of the Consultative Committee to review the 1987 Constitution (ConCom) presenting to the Senate its proposed Federal Constitution.
The ConCom released to media on Tuesday its revised federal constitution, consistent with Mr. Duterte’s orders to remove his availability for reelection under the new constitution.
In the revised federal charter, the ConCom indicated that the term of the president and vice-president will end on June 30, 2022 and will not be extended. It also barred the incumbent president from seeking reelection in the 2022 elections.
Within six months from ratification of the new constitution, the consultative body proposed that the President call for an election for the transition president and vice-president in tandem. The two officials will also be ineligible to run for office in the May 2022 elections. The transition president will be tasked to preside over the transition toward federalism. He or she will also exercise all the powers of the president under the federal constitution until June 30, 2022.
For his part, former Senate president and ConCom member Aquilino Q. Pimentel, Jr. maintained that Mr. Duterte does not want to be the transition president.
“President Duterte does not want to give an impression that he wants to stay in power. Even the transitory presidency, he does not like it,” he told reporters.
Malacañang on Tuesday said it hopes the revised federal constitution will address concerns over Mr. Duterte’s “other motives” to shift to federalism.
“This should finally allay fears that PRRD has other motives for wanting to shift to a federal form of government,” Presidential Spokesperson Harry L. Roque, Jr. said in a statement.
‘CHACHA TRAIN CAN NOW STOP’
However, Mr. Davide noted that with the powers of the transition president, “it would still not be unlikely that the transition plan and his power could make (Mr. Duterte) rule beyond” June 30, 2022.
He said proposals to amend the Constitution “may permanently stop,” now that the Supreme Court has ruled on expanding the Internal Revenue Allotment (IRA) of local government units on national taxes.
“As reported, the Supreme Court en banc has effectively delivered a mortal blow — a coup de grace — on federalism, by demolishing or striking down the principal reason given by its proponents for its adoption: removing Imperial Manila and recognizing the right of the LGUs to a genuine share in national funds and resources. The Court ruled that the 40% IRA for the LGUs shall be based on all ‘national taxes,’ not only on ‘internal revenue taxes,’” Mr. Davide said.
“The Chacha train can now permanently stop,” he added.
Nevertheless, the retired chief justice also recommended that the Senate approve a resolution by Senate Minority Leader Franklin M. Drilon calling for a constitutional convention to propose amendments to the Constitution.
University of the Philippines political-science professor Gene L. Pilapil echoed Mr. Davide’s sentiments and noted the lack of a “believable transition plan” toward federalism.
“There is a very high risk of bringing the country not into a dizzying pace of change but, as institutional design literature has warned in terms of unintended consequences, of bringing the country to a near standstill because of the enormity of the tasks needed to create all the new institutions of the ConCom Constitution,” Mr. Pilapil also said.
At the Pandesal Forum in Quezon City on Tuesday, lawyer Jose Martin A. Loon of the ConCom appealed to political leaders “not to politicize the discussions on charter change, because it is for the benefit of all Filipinos and not to favor any political group or faction.”
In his statement, ConCom media and technological officer Conrado I. Generoso said, “It is not correct that fewer people agree to have the constitution changed as may be seen in the same survey of Pulse Asia.”
Mr. Generoso said it was “wrong to lump together” the 30% in the survey who voted “Not now but sometime in the future” and the 37% who voted “Not ever” on charter change.
He said the 30% should be combined with those who voted yes for charter change (18%) because their answer can be seen as a “qualified yes.”
“So in reality 48% favor changing the Constitution,” Mr. Generoso said.
For his part, Magdalo Representative Gary C. Alejano said in a statement Tuesday: “Clearly, there is no public clamor. Worse, the people do not have the capacity and understanding, as of the moment, to engage in the process of charter change. This attempt is premature.” — with reports by Gillian M. Cortez and Charmaine A. Tadalan

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