Shift to federalism may be avenue for Duterte term extension — Christian Monsod

Constitutional expert Christian Monsod warned of the possibility of a term extension for President Rodrigo Duterte beyond 2022 if the country shifts to a federal form of government.

Monsod, a member of the Constitutional Convention that drafted the 1987 Constitution, said that Duterte already holds power in the legislative branch, most local government units, and law enforcement units.

"I am not sure if the President really wants or considers it still necessary to shift to federalism given his almost total control of these power centers," Monsod said in a policy forum in Pasig City.

However, Monsod cautioned that the best way for Duterte to gain a firm grip on these areas would be during the government's transition to a federal system. He even likened Duterte to the late dictator Ferdinand Marcos, whose term was prolonged due to the 1973 Constitution.

"But 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.

"In other words, the question is: is federalism a Trojan horse to stay in power?" he added.

No term limit

On Thursday, the Consultative Committee (Con-com) tasked to propose amendments to the 1987 Constitution approved the final draft of its proposed federal charter to be submitted to Duterte.

The Con-com mainly proposes a "distribution" of state powers traditionally concentrated in the central government and imposes prohibitions on political dynasties up to the second degree of consanguinity or affinity and party-switching, among others.

It also spells out the Philippines' sovereign rights over the maritime expanse beyond the country's territorial sea "to the extent reserved to it by international law."

The draft charter likewise "strengthens" the Bill of Rights through the inclusion of socioeconomic and environmental and ecological rights and revamps the existing constitutional commissions on audit, civil service, and elections, the Office of the Ombudsman, and adds the Commission on Human Rights.

Duterte is expected to endorse the draft in his State of the Nation Address on July 23.

Monsod said that according to information from two reliable sources—the draft has yet to be made public—the transitory provisions of the draft have no prohibition for Duterte to extend his current six-year term.

“There is no explicit prohibition on his running on the second Monday of May 2022 under the new constitution,” he said.

Monsod also said that a "reputable institution" gave him an advance copy of the draft, but the Con-com supposedly disputed its authenticity.

Defense of 1987 charter

Monsod also defended the 1987 Constitution, which he said was envisioned on the struggles of Filipinos to achieve democracy following the Marcos regime.

He said the current charter already ensures a system of checks and balances, noting its provisions were once deemed the most progressive in world.

"Our Constitution gives social and economic rights equal primacy with civil and political rights because we are a country of inequalities from the colonial days to the present where the starting positions of the rich and the poor are not equal," Monsod said.

"Social Justice and human rights are about the adjustment of these starting positions. It is the central theme, the heart, of the Constitution. It is a Constitution under threat of overhaul because it is blamed as the source of our problems today and is not part of the solutions," he added. — BM, GMA News