THE CONSULTATIVE Committee (Concom) Federal Constitution allows the Transition Commission to terminate public officials and government employees, including those with permanent status, giving the President as chairman of this commission the opportunity to appoint practically all government officials and employees.
Article XXI Sec. 2 empowers the Transition Commission to promulgate a transition plan to reorganize the government. Sec. 8 states that “All officials of the government under the 1987 Constitution shall continue to hold their office under such terms and conditions as may be provided in the transition plan.” This means the President can terminate any government official based on his transition plan and also appoint their replacement. (By the way, the President is not only the chairman of the commission but all its members will be appointed by him also.) The President will practically appoint almost all government officials in one fell swoop.
Even permanent officials and employees will not be spared since Sec. 9 states that “Permanent employees of the government separated from service as a result of the reorganization of government shall be entitled to separation pay, early retirement pay or retirement pay.” The assurance of separation pay is of no moment, as many government employees will be deprived of work. This will make the President more powerful and intimidating as he can replace any official that may not agree with his policies.
This power will threaten the independence of the judiciary as well as it can pressure judges with termination. This is no different from the practice of dictator President Ferdinand Marcos who required the courtesy resignation of all judges when he declared martial law in 1972 on the guise of “reorganization.”
The threat of term extension and no election is real even in the Concom proposal. Article XXI Sec. 5 of the Concom Constitution provides that “The first elections under this Federal Constitution xxx shall be on the 2nd Monday of May 2022.” This means that if they railroad Charter change (Cha-cha’s) ratification in 2018, the 2019 election will be cancelled since the new Constitution states that the first election is in 2022.
Is this why many politicians want to rush this Cha-cha before the 2019 election? To cancel the elections and extend their terms? We can’t blame some quarters for saying that just like the other Cha-chas before, this Cha-cha is not about federalism. It is about no election (no-el), and term extension.
Worse, it opens the floodgates to a dictatorship.
