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Proposed federal charter bans people power —Bayan Muna leader


Militant party-list Bayan Muna on Saturday said "people power" is banned in a proposed federal charter at the House of Representatives.

Bayan Muna chairman and former representative Neri Colmenares cited in a statement Article II (Declaration of Federal State Principles and Policies) of the proposed federal charter, which says:

"The Philippines is an indivisible, democratic, republican and federal state. Sovereignty resides in the Filipino people through suffrage and all government authority, whether federal or regional, emanates from them."

The words "through suffrage" was added to the original line from Article II of the 1987 Constitution, which says, "Sovereignty resides in the people and all government authority emanates from them."

He said the amendment was in the Resolution of Both Houses No. 8, which was contained in the approved Constituent Assembly House Resolution No. 9.

"The provision that was used by the Supreme Court to justify the EDSA People Power as an act of the sovereign will of the people, disappears. People power is banned under this Cha-cha,” Colmenares said.

"This self-serving amendment means that in between elections sovereignty no longer resides in the people but in public officials such as the President, congressmen and senators," he added.

Southern Leyte Representative Roger Mercado, chair of the House Committee on Constitutional Amendments, has yet to reply to GMA News Online's request for comment.

Free press

The progressive former lawmaker also called as "unacceptable" the proposed insertion of a clause of "responsibility" to the exercise of the right to free speech and a free press.

“This Cha-Cha (Charter change) threatens people’s rights. There are unacceptable provisions granting government the power to suppress press freedom if government found the media ‘irresponsible’," he said.

"Not only is the standard vague but many public officials will abuse this power and pass laws seemingly to make the press responsible but actually to suppress press freedom,” the former congressman added.

A subpanel of the House Committee on Constitutional Amendments on Tuesday said that "responsible exercise" should be added to Article III, Section 4 of the Constitution due to supposed "abuse" from people who think the right is "unrestrained."

No-el

Colmenares, meanwhile, said that deliberations on Cha-cha will only boil down to a no-election scenario and a term extension for incumbent officials.

“This rush to Cha-Cha through con-ass (Constituent Assembly) is nothing more than efforts to ensure that it is passed early enough to cancel the 2019 elections and extend terms of all public officials. If the proposed Federal Constitution is not passed this year it would be too late to cancel the next elections," he said.

“Wholesale revision of the Constitution cannot be done without studies and consultation. This rush will only result in the worst Constitution ever," he added.

Former Senate President Aquilino "Nene" Pimentel, Jr. has also said the proposed federal charter should not be "rushed."

Colmenares also slammed as "untransparent" and "untruthful" any consultation Cha-cha proponents conducted, saying they did not discuss term extensions, supposed income tax exemptions for top government officials, and the supposed granting of legislative powers to the President that would let other countries acquire Philippine land.

He also claimed there was a supposed uncertainty among Cha-cha proponents on which model to adopt.

"...[T]hey’re not even sure which model to follow since the PDP-Laban constitution proposes a federal-parliamentary model while the pending RBH No. 8 proposes a federal-presidential model," he said.

He also urged various groups and sectors who had opposed previous "self-serving" Cha-cha bids to again oppose the current, but similarly "self-serving" attempt. —Nicole-Anne C. Lagrimas/ALG, GMA News