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I have a copy of the draft new constitution (dated June 27, 2018) framed by the advisory committee of President Duterte, charged with revising the 1987 Constitution. It was signed on Tuesday, July 3, so it is fair to assume that little could change in the six-day period between the project and the signed document.
What are the main differences between the 1987 Constitution and the proposal? constitution
A very important difference is that, from the outset, the proposed constitution adopts a federal form of government; it is the constitution of the Federal Republic of the Philippines. No wonder, really, because all members of the committee were pro-federalists from the start.
I would like to remind you, Reader, that the Pulse Asia poll of March 2018 showed that the opposition to the change of the Charter has increased. from 44% in July 2016 to 64% in March 2018, and the opposition to federalism went the same, except to a greater extent – from 33% to 66%.
But wait. This is not everything. The transitional provisions of the proposed constitution gave President Duterte vast powers between 2019 (I guess the plebiscite will take place in 2019, a reasonable assumption) and 2022. And that also allows him – at least that's what Committee member Julio Teehankee publicly admitted as presidential candidate in 2022. Since the new constitution provides for a four-year term plus re-election, it means that he may be our president (unless death does not happen). intervene) for a total of 14 years.
Of course, being 85 years old right here. But, hey, Mahathir Mohamad from Malaysia is 94 years old. I am eager to add, however, that Mahathir neither drinks nor womanizes. This can make a difference
What broad powers do the transitional provisions accord to President Duterte? Well, first, he will be the chairman of the Federal Transition Committee (FTC), along with 10 other members that he will appoint from a list provided by a five-person research committee, four of whom are also appointed by him. Lutong Macao
And what is the FTC doing? Sensational. It will formulate and adopt a transition plan for the orderly transition to the new system of government, and it will promulgate the necessary rules, regulations, orders, decrees, proclamations and other editions, do all the acts to implement them and solve all the problems . and the disputes that may result. In addition, it will organize, reorganize and fully establish the federal government and the governments of the federated regions, in accordance with this constitution; and exercise all the necessary powers to ensure a smooth, rapid and successful transition.
This transition plan for which the FTC is responsible will include the respective transition plans of the different branches of the federal government, the independent constitutional bodies, the Federated Regions and other component units; plus the tax administration and management plan, which includes, but is not limited to, appropriation, allocation and resource generation expenditures.
Then, almost after the fact, that would also include putting in place mechanisms for people's participation in the transition. Gee, thank you
This power continues until June 30, 2022, when the first national, regional and local elections will be held, and our first elected leaders under the new constitution will take over
. As soon as the new constitution is ratified, President Duterte, as President of the FTC, will have unlimited powers – to hire, fire, organize, reorganize, determine which States will constitute the federal system and how will those states do so? same transition. For at least three years. Of course, during an election period, he will have prepared his election for the presidency for the next eight years
Remember the transitional provisions that gave Marcos dictatorial powers? It's the same thing. There is a term for that: constitutional authoritarianism. That is what Mr. Duterte had to have in mind when he was talking about a revolutionary government.
Well, he has what he wanted. If people give it to him, it's
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