Tuesday, January 9, 2018

Proposed charter for federal PH weakens Senate, eyes prime minister

Senate is retained but stripped of certain legislative powers in the proposed draft constitution for a federal form of government.

CNN Philippines obtained a copy of ruling party PDP-Laban's proposed Constitution for a Federal Republic, and it showed provisions for a bicameral legislature or two lawmaking bodies – the Federal Assembly and the Senate.

Under this proposal, however, the Senate cannot initiate laws but only concur or reject bills that are created by the Federal Assembly.

"The Federal Assembly shall be vested with primary legislative power. Every bill shall be initiated and passed by the Federal Assembly," according to Article 6, Section 27 of the draft constitution.

House Speaker Pantaleon Alvarez, a member of PDP-Laban, earlier said he believes a unicameral legislature is a better option to speed up the country's lawmaking process.

In the proposal, the PDP-Laban wants a parliament composed of 400 elected members of the Federal Assembly and three elected senators to represent each region.

Members of the Parliament shall have a maximum of two, five-year terms.

Instead of the powerful Commission on Appointments, the Senate will confirm or reject appointments made by the President or the Prime Minister, the proposed constitution states.

The "PDP-Laban Model of PH Federalism," it said in its executive summary, was based on insights from President Rodrigo Duterte himself as well as former Senate President Aquilino "Nene" Pimentel Jr., a long-time advocate of federalism.

"The executive power shall be exercised by the Prime Minister with the assistance of the Cabinet except where the President shall exercise primary executive powers involving foreign affairs and national defense," says Article 7, Section 22 of the draft constitution.

The Prime Minister shall be a member of the ruling party of the Federal Assembly and is tasked with determining national policy guidelines, appointing members of the Cabinet, and preparing the government budget proposal.

Under the proposal, regional governments have more autonomy and do not need to go through the national government for approval of funds.

The PDP-Laban's proposal states the creation of 11 regional governments, which will have legislative powers over basic services such as social welfare and development, tourism, regional development planning, and franchises, among others.

Under the draft proposal, regional governments would have control over 60 percent of its revenue, unlike in the current setup where 83 percent of revenue is controlled by the national government and only 17 percent is allocated to local governments.

Duterte's allies in Congress are proposing a constitutional assembly shortly after both houses resume session on January 15. The assembly will introduce changes in the Constitution to give way to a federal form of government - a major platform of the Duterte administration.

Pimentel said PDP-Laban was pushing for a federal form of government and was advocating a bicameral system in which the Senate would be the “venue for voices of the regions.”

Under this system, a senator is elected in a region and a congressman in a district.

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