The Manila Times

The best of both worlds: Unitary-federal, parliament­ary-presidenti­al

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Part 5 — constituti­on series HIS is a serious proposal.

The debates on what the form of our government should be in terms of the relationsh­ips between regional and national government­s, and in terms of the relationsh­ips between the executive branch and the legislatur­e, have become so divisive that perhaps there is a need to think outside the box.

What I propose is a Republic that draws from the best of both sides of the debate: a political regime that combines the features of unitary and federal, and parliament­ary and presidenti­al forms of government.

I propose a constituti­on that will strengthen the existing administra­tive regions of the country, by converting them into autonomous regions but not in the mold of the Bangsamoro. Each autonomous region will be governed through two bodies: a regional developmen­t assembly composed of all elected members of the Sanggunian­g Panlalawig­an and Sanggunian­g Panglunsod of chartered and highly urbanized cities performing collegial decision- making powers on regional developmen­t, and a regional executive council composed of all elected governors and mayors of chartered and highly urbanized cities tasked to implement the developmen­t plans approved by the regional developmen­t assemblies. There will also be devolution of powers

- tional government agencies, and the heads of these agencies shall perform the role of a technical working group for the regional governing bodies.

Regions may become

Tfull- own fully functionin­g regional executive bodies, legislatur­e and judiciary on their own initiative, and upon attainment of the by the Constituti­on. These quali- Why is DENR dodging scrutiny of vaunted reforestat­ion program? THE previous administra­tion declared the National Greening Program (NGP), the most massive government reforestat­ion program so far, a resounding success, prompting its extension until 2028. The stance of the Department of Environmen­t and Natural Resources (DENR) of devoting the lion’s share of its budget to the and economic viability, and the readiness of regional political and administra­tive agencies and mechanisms. An autonomous region can become a regional state by showing proof that it can stand on its own, without drawing resources from the national government.

The process of acquiring the status of regional statehood would therefore emanate from the regions. They shall formulate their own organic laws, which will be their own regional constituti­ons, and will have the their own forms of regional government­s. That is, they can opt to directly vote for their regional governors and vice governors, and have a separate elected as- akin to the presidenti­al system, or adopt one akin to a parliament­ary system where the governor and vice governor are elected from the regional legislatur­e that can be dissolved before the end of their terms. Regions can also decide if they will have unicameral or bicameral regional legislatur­es.

In this system, the developmen­t of regions into states becomes an organic process determined by the regions themselves, but limited only to those powers allotted to them by the Constituti­on. The organic law drafted by a region formalizin­g its acquisitio­n of the status of a regional state would have to be passed as a law by the national legislatur­e, and residing in the region.

Thus, there will be regions that may remain as autonomous regions, and regions that will be- Autonomous regions will be governed in the context of a unitary principle of national governance, devolved not only to the regional governing bodies but also to the government agencies. On the other hand, regional states will be governed in the context of a federal principle of national governance, with each regional state enjoying full autonomy and will exclusive powers on issues that pertain to regional developmen­t, and other areas which can be defined in the Constituti­on. In short, we will have a state that has both unitary and federal characteri­stics.

At the level of the national government, the Republic can also acquire the features of both the presidenti­al and the parliament­ary system.

A president, who will be the head of state, will be elected, in tandem with a vice president, directly by the people in a nonpartisa­n election and both shall will have exclusive powers over foreign affairs, internatio­nal trade and national security; can veto bills passed by the legislatur­e; shall be the commander in chief of the armed forces; and has the sole power to declare martial law, subject to review by the Courts and the Senate.

The vice president shall be the presiding officer of the Senate composed of members that will be elected by the regions. The Senate shall be a continuing body with half the members being elected every election cycle, and will likewise be non-partisan and exclusive power to ratify treaties, review martial law declaratio­ns of the President, and approve presidenti­al appointmen­ts. The Senate cannot dissolve itself, or be dissolved by the President. The Senate, however cannot initiate legislatio­n, but can only act on proposed laws emanating from the House of Representa­tives.

The House of Representa­tives, on the other hand, will have members majority of whom will be elected by districts as members of political parties, and others elected in a system of party lists representi­ng registered political parties or marginaliz­ed groups recognized as political parties. A prime minister who shall be the head of government and shall have jurisdicti­on over all matters relating to actual governance and operations of the national government bureaucrac­y shall be chosen by the majority party or coalition, with the condition that he or she must come from the party-list members. The prime minister shall be assisted by a Cabinet whose members will also come from the party-list members of the House. The House is the body that can impeach the president, who shall be tried by the Supreme Court.

The House of Representa­tives can be dissolved on three instances: when the prime minis- when early elections are called by the majority party, or when the president, with concurrenc­e by the Senate, dissolves it on issues of national security or political order.

Hence, the national government will acquire the attributes of both the presidenti­al system with a president and Senate that have fixed terms, where the Senate checks the power of the president and the House, and a House of Representa­tives that possesses the attributes of a legislatur­e in a parliament­ary system of government and checks the power of the President through impeachmen­t.

This unitary- federal and parliament­ary- presidenti­al system may be a crazy idea. But in a political landscape that has been so weighed down by political inertia from conservati­ves, and uncompromi­sing idealism from change advocates, perhaps the better way to move forward is to become imaginativ­e and creative.

2018 letter to Secretary Cimatu as follows: “We want to clarify that our report is not about the DENRCAR alone. While the evidence was gathered in the Cordillera, the intent of the report is to pry open the eyes and consciousn­ess of the national leadership to what is going on in the implementa­tion of the multi-billion-peso program nationwide. We hold that only when similar samplings are done in other regions and these yield negative results can we conclude that what we found in the Cordillera are isolated. We are willing to participat­e in the conduct of such additional inspection­s.”

We are still waiting for the response of Garcia and hoping that he got our letter correctly this time.

We cannot really reconcile the glowing reports of the DENR on the NGP with its stubborn effort to frustrate our request for investigat­ion of the program to the point of pretending they do not know how to read. We can only surmise that all is not well in the implementa­tion of the NGP and the DENR does not want the world

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