The creation of a Federal Transition Commission is a devious innovation by Duterte’s consultative committee to assure the transition of President Rodrigo Duterte as the first Federal President since he is not prohibited from running in the first elections set on the 2ndMonday of May 2022.
Unlike in the 1935, 1973 and 1987 Constitutions where the transitory provisions were self-implementing and the mode of transition categorically spelled out, the proposed Federal Constitution empowers Duterte to chair a transition commission whose members are to be appointed by him.
The inordinately vast powers of the transition commission include the following:
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Promulgate and adopt a “transition plan” which could have been easily provided for in the proposed Federal Constitution’s transitory provisions like in the previous Constitutions;
Exercise rule-making power to implement the transition plan and assume adjudicatory functions to “resolve all issues and disputes that may arise therefrom”. This would empower the President to arrogate legislative and judicial jurisdiction; and
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Organize, reorganize and fully establish the Federal Government and the governments of the Federated Regions “in accordance with the Constitution”. This is redundant and extraneous because the Federal Government and the federated regions are already organized under the proposed Federal Charter, while any reorganization is a legislative function.
This transition commission is a veritable red flag that should alert us that this is a cunning innovation that can spawn a host of excesses and even more impunity.
If the proposed Federal Constitution is ratified in 2019, Duterte’s transition commission would hold unbridled sway for almost three years until June 20, 2022 when the new set of federal, regional and local officials elected in May 2022 assume office.
EDCEL C. LAGMAN