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EDITORIAL
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February 11, 2018
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AMONG the “salient features” of the proposed new Constitution submitted by the House of Representatives’ Committee on Constitutional Amendments, which sponsored House Concurrent Resolution No. 9 convening a Constituent Assembly, is a provision granting the President oversight powers over all branches of government, including Congress and the Judiciary.
Looking back at previous Cha-cha attempts, this one is the most dangerous because it openly grants the President massive powers to control government. For vigilant observers, this is a tool that the President can use to intimidate independent constitutional bodies like the Ombudsman.
If Cha-cha succeeds, the President could use this power to suspend not only the Deputy Ombudsman but even the Ombudsman and members of other independent bodies because the Constitution now grants him the power of oversight.
The “Proposed Draft Constitution of the Federal Republic of the Philippines” of the Sub Committee 1 of the Committee on Constitutional Amendments under the section on “The President” at page 2 provides that: “The powers of the President shall include: oversight power over all branches of government (legislative, executive and judiciary), constitutional bodies, independent bodies, departments, agencies and offices of the government.”
If President Duterte has this authority over the entire government, including the Supreme Court, he becomes one of the most powerful presidents in Philippine history. The parliament is the most powerful body under a parliamentary system with parliamentary oversight to investigate. In this Cha-cha, however, it is the President that has oversight powers over the parliament. He can call Supreme Court justices, the Ombudsman or even a senator to Malacañang and investigate them in aid of his oversight function. This intimidation threatens the independence and checks and balance system of government.
The President has recently suspended Deputy Ombudsman Arturo Carandang using its supposed power to discipline. One can just imagine how he will exercise this oversight powers once this Cha-cha succeeds.
All previous Cha-chas, including this Cha-cha, have been about eliminating term limits, extending terms and “No-El” or no elections. This Cha-cha, however, is the most worrisome ever because it can give rise to a very powerful dictator.
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