Monsod suggests refining 1987 Constitution instead of shift to federalism

MANILA, Philippines — Former Commission on Elections Chairman Christian Monsod, one of the framers of the 1987 Constitution, again questioned on Thursday the need for a shift to federalism, suggesting constitutional reform is a better alternative to a complete overhaul of the country’s charter.

At a forum in Manila, Monsod echoed University of the Philippines professor and institutional design expert Gene Lacza Pilapil’s sentiments, saying there is no consensus on the superiority of a federal system to a unitary one, or vice versa.

“Reform rather than overhaul for democratic countries with functioning systems. If there is no superiority of either one, why the need to overhaul? Institutional overhaul tasks are too institutionally and intellectually complex for the lofty goals that proponents talk about,” Monsod stressed.

“No democratic country with an existing unitary-presidential setup has been crazy enough to make these constitutional overhauls of form and systems at the same time,” he added.

On Tuesday, the 22-member consultative committee tasked to review the current charter approved the final draft of a federal constitution. The draft will be submitted to Malacañang on July 9 for President Rodrigo Duterte’s approval.

Monsod said that while there may be arguments for both types of government on key indicators like human development and economic performance, there is “no meaningful difference in performance between the two.”

But Monsod pointed out that the ConCom’s recommendations and Congress’ proposals should be studied first as there may be constitutional reforms “worth considering assuming the government is willing to refine rather than overhaul.”

Such reforms, according to Monsod, include changes in the judiciary, tandem voting for the president and vice president, and “major revisions” of the Local Government Code.

RELATED: Former chief justices disagree on need for charter change, but not on mode

‘Slippery slope to authoritarianism’

Attempts to amend the 1987 Constitution have generated mixed reactions from people, with critics accusing third-term House members of trying to extend their stay in power, or of seeking to prolong Duterte's single six-year term.

At the same forum, Monsod said he believes the country is already on “a slippery slope to authoritarianism.”

He also warned that the planned shift to a federal form of government may be a “trojan horse” that officials could use to perpetuate themselves in power either through the suspension of elections or by taking advantage of the transition period.

“From the last 18 months, it’s clearer now that the Duterte administration knows how to govern only through the use of fear and force. Thus, if the Marcos legacy is a culture of corruption, then the Duterte legacy would be a culture of violence” he said, adding that Duterte has managed to control the government’s “power centers” in just two years.

Duterte has repeatedly said that he does not want to stay in power beyond his term and has even said he is willing to step down sooner if the shift to federalism happens before 2022, the year of the next presidential elections.

“If he wants to stay in power beyond 2022, the only legal way to do it is by charter change. With a new constitution that allows him to run again. Mainly through its Transitory Provisions, the way Marcos did it,” Monsod said. — Philstar.com intern Ali Ian Marcelino Biong