President Rodrigo Duterte may emerge as the “first casualty” under the anti-dynasty provision of the proposed Federal Charter, former Chief Justice and Consultative Committee (ConCom) on Charter change chair Reynato Puno said.

Under the proposed constitution paving the way for a shift to a federal government, Mr. Duterte cannot be succeeded by a relative within the second civil degree of affinity and consanguinity, said Puno.

“Let us, therefore, dismiss the unfounded thought that this move to change the 1987 Constitution is a mere sophisticated ploy to prolong the term of the President,” Puno said.

Puno added the same prohibition will apply to Vice President Leni Robredo and noted elections under the new Federal Constitution would be held in May 2022.

He did not elaborate whether the six-year term of senators to be elected next year would be cut short because of the government’s transition to federalism.

The effect of reduced term on the new batch of senators on the chances of a federal shift in the upper chamber remains to be seen, Puno said.

He stressed the transition would not be “open-ended” and the 10-member, President-led transition committee would have to finish its work by June 30, 2022.

The committee will have the power to “promulgate rules and regulations, orders, decrees, proclamations and other issuances” to implement the transition plan, Puno explained.

Under the transitory provisions in the Federal Constitution, the transition period will be from 2019 to 2022, which is the final half of Mr. Duterte’s term.

At a forum held for the proposed Federal Charter, Puno said the proposed transitory provisions have been approved at the subcommittee level and will be subject to a final vote when the entire draft Constitution is presented to the ConCom en banc next week, ConCom Senior Technical Assistant and Spokesperson Ding Generoso said.

Puno said the Transition Commission is a body that will “formulate and adopt a transition plan for the orderly shift to the new system of government, as provided for in the new Constitution.”

For proper execution of the transition plan, Puno said it shall promulgate the necessary rules and regulations, orders, decrees, proclamations and other issues, do all acts to implement a transition plan and resolve all issues and disputes that may arise.

The Transition Commission will also organize, reorganize and fully establish the federal government and the governments of the federated regions in accordance with the Constitution.

Puno said members of the Transition Commission, who will still be chosen, should be a natural-born citizen, at least 40 years of age, of proven probity and integrity and with expertise in the fields of economy, law, fiscal management, governance or development.

There will be a Search Committee, composed of five members, to vet candidates for the Transition Commission members, he added.

The Search Committee will be headed by the chair of the Civil Service Commission (CSC) while four members will come from the academe, business, the marginalized sector and women.

Puno said past living Presidents will be consulted by the Transition Commission, noting “all of them together will symbolize our unity and harmony.”

As for the organization of the new government, especially in the selection of appointees to the new government, the Transition Commission shall ensure the people’s participation by involving faith-based organizations, civil society, indigenous people, sectoral and non-government and other community-based organizations.

“The section will not be based on the ‘tayo-tayo’ (us only) system.”

Puno also said the Transitory Commission must complete its work by June 30, 2022.

“The section will not be based on the ‘tayo-tayo’ (us only) system,” Puno said, but on merit and competence.

Once the Federal Constitution is in place, Puno reiterated there will be no term extension for the President and the Vice President.

“We specifically provided that the term of the President and Vice President, which shall end on June 30, 2022, shall not be extended,” Puno said.

On the other hand, senators elected during the mid-term 2019 elections will have to settle with a three-year term instead of the six-year term mandated in the 1987 Constitution.

“All the terms would end by 2022,” Puno said. “(The) ‘87 Constitution would be out by the time this new Constitution would kick in.”

Puno, however, said he could not say when a plebiscite for the Federal Constitution would take place, noting there is no certainty it would pass in Congress.

“We do not really know what will happen. They (Congress) may even reject this proposed Constitution,” Puno said.

The first national, regional and local elections, under the new Constitution, will be held without postponement on the second Monday of May 2022.