OP ED EDITORIAL & CARTOONS: MANILA – Federalism: Massacre of the LGUs? By HILARIO G. DAVIDE JR. Former Chief Justice

OPINION

By HILARIO G. DAVIDE JR.
Former Chief Justice

(Former Chief Justice Hilario G. Davide Jr. delivered this speech before the National Assembly of the League of Vice Governors of the Philippines at Sofitel Philippine Plaza Manila on August 3, 2018)

The task assigned to me is quite heavy at a time when the administration is hell-bent on rushing the amendment or revision of our 1987 Constitution, especially on the shift to federalism. It has long prepared the minds and hearts of the people to accept federalism through massive and expensive “Federalism Caravans” of the Committee on Constitutional Amendments and Revisions of Codes of the House of Representatives or “Federalism Roadshows” of the DILG.

Taking advantage of the “super-super majority” in the House of Representatives, then Speaker Pantaleon Alvarez wanted to railroad the approval of the shift to federalism or of Charter Change via the easiest and fastest process – the Constituent Assembly or Conass. Yet, the first resolution he and then Majority Leader Fariñas filed was one calling for a Constitutional Convention (Concon). We must also recall that early on in his term our President expressed preference for a Concon. At the same time in December of 2016, he issued an executive order creating a Consultative Committee to study and examine our 1987 Constitution and to propose amendments or revisions thereto for the shift to Federalism. He, however, was prevailed upon by then Speaker Alvarez to abandon Concon and to have instead Conass, because according to the latter, it would be very expensive to have a Concon. Forthwith the Cha-Cha train in the Lower House moved fast with the approval of a so-called Joint Resolution converting Congress into a Constituent Assembly (Conass). Unable to get the support of the Senate, then Speaker Alvarez even threatened to go ahead with the Conass without the Senate. Fortunately for our country and our people, our senators – who are elected nationwide and who serve as the conscience of our Congress and our people, immediately rejected Conass and insisted that if there would be one, the Senate and the House of Representatives must vote separately.

In the meantime, the President appointed former Chief Justice Reynato Puno as chairman and 18 others as members of the Consultative Committee.

Suspecting that public money has been spent and would be spent for the massive campaigns for federalism, I wrote last May 15 a letter to Hon. Jonathan Malaya , the DILG assistant secretary for communication and public affairs, to inquire as to what specific item in the 2018 GAA for the DILG would the huge expenditures for federalism campaigns be charged. I further inquired if the earlier formations of various organizations of mayors and other elected officials for the purpose of campaigning for federalism were funded by the DILG or by Local government units. I did this because of news reports that in a press conference Hon. Malaya mentioned of “federalism roadshows” by the DILG throughout the country starting June. The letter was e-mailed to Assec Malaya’s e-mail address on 20 May. He never responded despite my follow-up email of 21 June. I was thus forced to write on 19 July a letter to Hon. DILG Secretary Eduardo Año requesting for his help. I provided him with a copy of my 15 May 2018 letter to Hon. Malaya. My letter to Secretary Año was emailed on 19 July 2018. Until now, I am still waiting for their answers.

In a manner of speaking, the administration has left no stone unturned to entice the people to embrace federalism. The speed and fury of the campaigns for federalism are tsunamic. What to me was most despicable about this is that the people were told and made to believe about federalism as the only solution to eliminate “Imperial Manila” and give the Local Government Units broader powers and a bigger share from the central government’s funds and resources. The people were not told what federalism is, how it works on the ground and whether it is suited for the Philippines. The people were not shown a model of federalism. They were told federalism is the best without even telling them in all candor and honesty what are in fact the blessings they have under the 1987 Constitution. I do not hesitate to state that these pro-federalism propagandists took advantage of the fact that the massive majority of our people do not know our Constitution. National surveys show that only 27% of our people know about the Constitution. That knowledge does not even mean that they have read the Constitution.

Amidst and against all of these, I would only be a voice crying in the wilderness. It is of public knowledge that in the various forums I was invited to speak on Charter Change, I openly expressed my stand against Charter Change. I denounced federalism as “a lethal experiment, a fatal leap, a plunge to death, and a leap to hell; it is a Trojan horse, a red herring, a bait to hoodwink our people into believing federalism would be a paradise. Behind the Trojan horse, however, are the agenda which would create a paradise for politicians but hell for the people. I further said that Charter Change is chaining our people in a future of tyranny, injustice, corruption, poverty, and penury; that Charter Change is the cha-cha dance to the grave.

However, you are a rare breed, you did not take hook, line and sinker the promise of a paradise which the pro-federalism propagandists have made. You are statesmen who fit this description given by former French President Pompidou: “A statesman is a politician who places himself in the service of the nation.” I salute you for deciding to go deeper into this matter. Duc in altum – put out into the deep. This was Jesus’ offered solution to any difficulty we might face. As Christians, we are reminded of the story narrated in the Gospel of St. Luke (5:3-6), when Jesus told Simon Peter who complained of having had no catch of fish the whole night: “Put out into deep water and lower your nets for a catch.” The rest of this story ends with Jesus telling Simon Peter: “Do not be afraid from now on you will be catching men.”

You also want to know the truth about the issues relative to federalism. Jesus Himself said in the Gospel according to John (8:32) “And you will know the truth and the truth shall set you free.” Yes, truth shall make us free – free from lies and falsehoods, especially in a culture of fake or false news. It was discussed in a recent study in the United states that false news travels six times faster than truth.

Verily, by wanting more about federalism you have shown prudence and wisdom and statesmanship. You inspire me beyond measure.

Built into your choice of your National Assembly theme “Philippines 2018 and Beyond: Changing for the Better” is actually Charter Change with the primary purpose of the shift to federalism. This is confirmed by the topic assigned to me, per your printed program: “The Role of Local Governments Under the Proposed Federal System.” You could have also reworded your theme to read: Charter Change: Changing the Philippines for the Better. As stated in the program, I have an hour for this. After hearing me, you might decide to put a question mark at the end of this reworded theme, and even of your original theme.

For your chosen theme and the task assigned to me, I decided to bring you both the good news and the bad news. I am sure you want the good news first.

For the good news, I brought with me copies of three documents: (1) the political Bible of the Philippines and the Filipino people – the 1987 Constitution of the Republic of the Philippines; (2) one which approximates any of those known as statutes or ordinances implementing the Law of Moses – the 1991 Local Government Code; and (3) the decision of the Supreme Court en banc in the consolidated cases of Congressman Hermilando Mandanas, et al. vs. Executive Secretary Paquito Ochoa, Jr., et al. (G.R. No. 199802) and Hon. Enrique Garcia, Jr. vs. Hon. Pacquito N. Ochoa, Jr., et al. (G.R. No. 208488) promulgated on 3 July 2018. (To be continued)