Christian Monsod: ‘No need to overhaul 1987 Constitution’

MANILA, Philippines — A “sweeping overhaul” of the country’s present Constitution is not necessary, said lawyer Christian Monsod, a critic of the proposed federal constitution submitted to President Duterte. 

“There are some good ideas in the proposals of the consultative committee (Concom) that we should consider for legislation, but not to have a sweeping overhaul of the Constitution,” said Monsod, one of the framers of the 1987 Constitution, during an interview on “The Chiefs” in Cignal TV’s One News.

He said ideas, such as the election of the president and vice president as a team and the change in the composition of the Judicial and Bar Council (JBC), “can just be changed” but not overhauled and to “give it more powers just to vet candidates for office.”

Monsod believes that the present Constitution just needs to be “refined and reformed…” pointing out that “when you overhaul, the first beneficiaries are those in power.”

In the same interview, he expressed doubt on the transition process from a unitary, presidential governance to one that is federal in form, saying there were “inconsistencies.”

“First they (Concom) say they will respect the term of the incumbent president, vice president until 2022. Section 2, incumbent president cannot run. Section 3, he will call an election to elect a transitory president... you’re cutting (the president’s) term by half, so inconsistent with Section 1,” he explained as an example.

He also pointed out Section 6 (e) of the draft federal constitution that states: “The Federal Transition Commission shall complete its mandate and shall cease to exist” – or just stop its work – “by June 30, 2022,” and that “the new president shall complete the transition process to the federal system.”

Monsod particularly questioned that provision wherein the new president, elected in 2022, would continue the transition to a federal form of government.

“Who would be that president in 2022? Given the powers from 2019 to 2022 of the transitional president, you can stack a bet on who you want to be president in 2022.”