Duterte to lead 'very powerful' transition commission if federalism pushes through

President Rodrigo Duterte would lead a "very powerful" Federal Transition Commission to ensure the country's orderly transition to a federal system of government, based on the draft charter crafted by the Consultative Committee.

This will take place if the draft is approved by Congress and ratified by the Filipino people in a plebiscite.

First, the commission headed by the President will have to come up with a transition plan.

It also has the power to overhaul the executive, the legislative and the judiciary branches of government, according to a member of the con-com who requested anonymity.

“It’s a very powerful Federal Transition Commission,” the con-com member said.

Section 8 of the draft transitory provision states: “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 by the transition plan.”

'Nothing unusual'

In an interview with GMA News, former Chief Justice Reynato Puno, con-com chairman, said there was “nothing unusual” about the said section.

“By operation of law dahil may bagong Constitution ay lahat sila ay susuriin 'yung record nila at 'yung mahuhusay, mare-reappoint sila. Again 'yun ay natural lang na mangyayari dahil may new Constitution e. 'Yung security of tenure nila, 'yun ay nasa 1987 Constitution,” Puno said.

Government employees who will be removed from their jobs will be entitled to benefits, the con-com chairman added.

“'Yun namang hindi manonombra bibigyan sila noong mga karapatang separation pay nila. Ganyan din 'yung nangyari noong 1987 Constitution. Nothing unusual there,” Puno stated.

Asked if the draft Constitution gave President Duterte too much power as head of the transition commission, Puno said: “Maaaring ganyan ang sasabihin ng mga politiko na kalaban ni Presidente. Kami independent kami, non-partisan kami.”

Based on Article 22 or the transitory provisions of the draft Constitution, the commission headed by the President will have 10 other members “who are natural-born citizens of the Philippines, at least forty (40) years of age, and with proven probity, integrity, independence, and expertise in the fields of economy, law, fiscal management, governance, or development.”

These members will be appointed by the President based on the recommendation of a search committee headed by the Federal Civil Service Commission. The search committee will have four members also chosen by the President.

The search committee must come up with recommendations to the President within 30 days.

2019 plebiscite

In a recent media interview, Puno said the plebiscite should take place in the middle of 2019.

If this happens, the Federal Transition Commission headed by the President will have three years to complete its tasks before the first national, regional and local elections under the new Constitution is held on the second Monday of May 2022.

The draft constitution was approved unanimously and signed by all members last July 3 and is due for submission to the President on July 9.

Puno said ultimately it is the Filipino people who will decide on the merits of the draft Constitution, saying the people can reject it in the plebiscite.

In a speech following the signing of the draft, Atty. Roan Libarios, a con-com member, raised the lack of safeguards to prevent the Federal Transition Commission from abusing its power.

“Kulang tayo sa safeguard sa potential abuse ng Transition Commission. I would rather have a provision that would really ensure that those deserving civil servants would be amply protected from potential abuses by the transition commission,” Libarios told fellow members. —KG, GMA News