“What’s the rush, especially since Duterte himself rejects the idea of becoming the transition president.

Federalism, through a constitutional change, cannot come about within a congressional timeline of nine months without cancelling the 2019 elections, House leaders insist.

House Majority Leader Rodolfo Fariñas stressed this the other day, saying the 17th Congress can only come up with a new Constitution if there is no distraction of elections which are scheduled in less than 10 months from today.

What the House leaders are pushing is a no-elections scenario which is not popular among Filipinos who prefer electing political personalities than voting for or against a new constitution about which they know nothing.

Presidential spokesman Harry Roque was once quoted as saying President Duterte wants a federal charter to be finished in time for the May 2019 polls so that the plebiscite for its ratification could be held together with the balloting.

If the reason is to have a draft charter ratified by the electorate synchronized with general elections, then why not in 2022? Why does it have to be done in 2019? What’s the rush, especially since Duterte himself rejects the idea of becoming the transition president and since the electorate gave him the mandate to rule as president until 2022?

Even if we take the argument of the House leaders of Duterte wanting a federal charter rushed with the 2019 polls cancelled, one has to point out that not even ushering in no-el is a guarantee that a new federal constitution will be up and running under an unelected transition federal government and with 18 regional states in place.

As it has been pointed out time and time again, the drafting of a revised charter is almost an impossibility through a constituent assembly since the House of Representatives,

which has a history of pushing a revised or amended charter, cannot constitute itself as a con-ass without the cooperation of the Senate, that also has a history of refusing to cooperate with the House unless this is done through separate chamber voting.

And even if the House and the Senate come to an agreement on separate voting, there is still no guarantee that a federal charter can be written by both Houses of Congress. That is because the Senate voting separately will neither give its vote to a no-el nor will it give its vote to a federal shift in government, especially since there is no public support for the federalism shift and, worse, the no-el scenario is hardly supported by the Filipinos.

What is possible, however, should Duterte and both Houses of Congress want a charter change and without the specter of no-el, is for the House and the Senate to separately file a legislative measure calling for a constitutional convention where, perhaps, the election of delegates can be held together in time for the 2019 polls.

“Even if the House and the Senate come to an agreement on separate voting, there is still no guarantee that a federal charter can be written by both Houses of Congress.

There is every reason to believe that there will be no objections from the general public for a referendum question to be included in the 2019 congressional and local polls.

But even this scenario may be iffy since there may be no more time for the Commission on Elections to include names of a mountain of Consultative Committee (ConCom) candidates in the ballot.

At this point, what is being prepared by the Comelec is the filing of the candidates’ certificates of candidacy by October for the 2019 polls which, in itself, can be a headache for the poll body.

Still, if a bill is enacted into law, which can take some time should there be no congressional objections, the 2019 elections held together with the election of delegates to the ConCom will still be near improbable.

At most, if the ballots have not as yet been printed, a question that can serve as a referendum can be added which question can be answered by a yes or no, such as whether the electorate wants a change in the charter.

This will not burden the poll body if just one more question answerable by yes or no is included in the ballot.

If the yes vote on the referendum wins in the 2019 polls, then when the 18th Congress convenes, after the State of the Nation Address opens, such moves can be made between 2019 and 2022. Congress can decide to come up with a draft charter and amend or revise through whatever constitutional mode is acceptable to the Congress, having been given the mandate to proceed with Charter change.

Should the vote in the referendum included in the 2019 elections be a no, then this would be the time for Congress to drop the idea of a constitutional change, by whatever mode and wait for time to change the minds of the people.

It should be the people’s sovereign will that must be respected by all, especially by the House, the Senate and the Palace.

It is not what they want, but what the people want as expressed in a democratic election.

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