[OPINION] Changes in Charlatan



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What is most sinister in the proposal lies in the transitional provisions, which essentially allow a few privileged to reorganize the entire government

Posted at 9:37, on July 25, 2018

Update at 9:38, July 25, 2018

In a manner that stinks of despair, President Rodrigo Duterte aggressively revives attempts to revise the 1987 Constitution.

Despite initial setbacks in the past months to reform the Constitution even with the "qualified majority" in Congress under his control, Duterte apparently redesigned his plans for charter changes and deadlines. The revised plan was relaunched recently by the formal submission of the advisory committee led by former Chief Justice Reynato Puno of a draft federal constitution.

There has been a lot of hype about the so-called "radical changes" of this emerging "imperial manila" charter to the regions, and to reinforce the bureaucracy in various ways that only federalism can possibly provide.

However, a careful reading of the proposed charter reveals just how much these supposed changes are ornamental and how this change is nothing but another element in the apparent M project. Duterte to consolidate power and to rise as the emperor that he considers himself to be

Bureaucratic Expansion

First, introduction of Articles on the federated regions may seem revolutionary, with the introduction of 16 federated regions, not to mention the Bangsamoro and Cordilleras, as well as the creation of a regional assembly that could draft regional legislation, courts and the creation of the regional governor. This will imply that the regions are endowed with means that can not be made possible under the current charter. (READ: Draft constitution: After submission to Duterte, then what?)

However, when we look at the article on the distribution of powers between the federal government and the federated regions, we will see how this "empowerment" local is

Apart from granting exclusive powers to the federated regions to levy taxes such as property tax and inheritance tax, a power that the national government currently holds, the power of local governments has not generally changed. Most of the powers that will be assigned to them – including licensing and licensing – are currently existing powers of local governments. The federal government under the proposed charter remains largely powerful, pretty much the same monster in another suit.

The changes are highly cosmetic, to a fault.

The bureaucracy has been expanded – imagine having 400 legislators in the House of Representatives, at least 36 senators and four chief justices. Yet, in addition to redrawing the boundaries and redistributing powers in the justice system, most of the provisions of the current charter are essentially the same – the same government converted to become more complicated and designed to accommodate the largest number of people in the world. the search for power

It would be unfair not to take into account the symbolic reforms carried out by the advisory committee, notably the introduction of a free public education system up to the tertiary level. and stricter data privacy provisions that would protect citizens against surveillance.

But these improved provisions have been largely overtaken by the federal charlatan decorations inserted to evoke an illusion of radical reforms.

What is most sinister in the proposal lies in the transitional provisions, which essentially empower a selection. little to reorganize the entire government. This transition commission should be very powerful – with a provision allowing it to "promulgate the rules, regulations, orders, proclamations and other necessary orders" to ensure the transition. (READ: What you need to know about charter change)

Extension of Duterte's Mandate

In the first project submitted to the Palace, Mr. Duterte was supposed to lead this transition commission .

Yet, in a move that feels the modesty affected, he calls for changes in these provisions and asks the advisory committee to put a section that explicitly forbids him to run for the first presidential elections after the adoption of the charter in 2022. The committee obliges, submitting on July 17 a final version that included not only the wishes of Mr. Duterte, but also provisions for the election of a president and vice-president of transition.

The revised provisions of Section 3 of Article 22 of the draft charter do not expressly prohibit Mr. Duterte from standing as Transitional President and directing the Federal Transition Commission.

Even though Mr. Duterte says he wants to withdraw from the scene after the passage of this new charter, these subtle latencies hidden from view betray his express desire to use the proposed federal charter as flat to catapult him into an all-powerful despot and allow his unprecedented control of the bureaucracy.

These disturbing provisions are complemented by other obviously fascist lines in the draft Constitution, such as the dangerous setting of a qualifier establishing "appropriate freedom parks" in the provision guaranteeing freedom of speech and the right to a peaceful assembly, which can be interpreted as limiting protests and gatherings. called designated areas. The insertion of the phrase "unlawful violence" in the provisions dealing with the basis of the martial law statement is also subject to abuse, particularly for any power-hungry executive director.

Beginning the procedure of charter change in Congress basically opens the proverbial box. worms. Many payday is currently used by the government to repair the wrong lenses on this move, but we have no assurance that the current administration will not maximize this ploy to expand and maintain power.

A curious change in the charter proposal is the removal of the provision that prohibits the promulgation of a law that grants royalty titles or nobility. Perhaps, this proposed charter is Mr. Duterte's asset that will serve as a stepping stone not only to become a full-fledged dictator, but a modern-day real-life emperor. – Rappler.com

Marjohara Tucay is the national president of Kabataan Partylist.

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