Christian Monsod: Inserting 'unless otherwise provided by law' ingenious, dangerous

One of the framers of the 1987 Constitution warned that the track proposed by the Senate leadership to amend the Charter would pave the way for constitutional provisions to be more easily changed, as lawmakers see fit.

Interviewed on Super Radyo dzBB on Tuesday, constitutionalist and former Commission on Elections (Comelec) chairman Christian Monsod on Tuesday said the proposed mode would require fewer votes as compared to pursuing these through a constituent assembly.

"It's a very ingenious and dangerous provision na isisingit nila 'yun kasi mas madali na mag-pass sila [ng mga pagbabago]," Monsod said.

(It's a very ingenious and dangerous provision that they plan to introduce because it will be easier for them to pass changes.)

Incorporating the phrase "unless otherwise provided by law," as proposed by Senate President Juan Miguel Zubiri and other senators, would allow for changes to be made as if Congress were passing an "ordinary law," Monsod said.

"For example, 'yung Congress, ang kailangan lang for it to become an ordinary law, is [over] 50% [of the plenary vote]... Pero ngayon, under the Constitution, kung constituent assembly, kailangan ng three-fourths votes [of both Houses of Congress]," Monsod explained.

(For example, for it to become an ordinary law, a bill is approved with over 50% of the vote... But if it's a constituent assembly, at least three-fourths of both Houses of Congress are needed.)

Zubiri on Monday filed on behalf of fellow Senators Loren Legarda and Sonny Angara Resolution of Both Houses No. 6, which proposes reforms in the 1987 Constitution in the areas of public services, education, and the advertising industry by adding the phrase "unless otherwise provided by law" to their respective provisions.

House Speaker Martin Romualdez on Monday expressed his "unwavering support" for the Senate's initiative, saying that the "resolution using the mode of constituent assembly is a decisive step" towards amending the Charter.

However, Monsod said the need to revise economic provisions in the 1987 Constitution is currently being pushed forward, but it remains unclear what the intended changes are.

"Alam ninyo ang gusto nilang gawin, mag-insert ng phrase o line na 'unless otherwise provided by law.' Kaya hindi pa dinidiskusyunan, ano ba ang kanilang gustong amendment or revision, 'di ba? Eh palusot 'yun e," he said.

(You know, they want to insert a phrase or line that says "unless otherwise provided by law." They need to be clearer. What do they need to amend or revise, right? That's just an excuse.)

Under the 1987 Constitution, amendments may be pursued through a constituent assembly, which requires a three-fourths vote of all members of Congress. According to the House of Representatives website, the lower chamber's membership stands at 315.

Mistakes in the Charter

Asked if it was high time to amend the economic provisions of the Constitution, Monsod recalled that 50 experts and ambassadors were invited to a 2016 forum, where the issue of Charter change was discussed.

While Charter change is desired by some parties, Monsod said the feedback was that "when you already have a system, even if it is not functioning perfectly, you must only refine or [introduce] small amendments rather than try to totally revise and change the system."

"I was asked once, were there mistakes in the Constitution? Sabi ko, of course, but if we made mistakes, we made two. We overestimated the spirit of EDSA and we underestimated the greed of our politicians," Monsod said.

He also noted that President Ferdinand "Bongbong" Marcos Jr.'s pronouncements on Charter change have been changing since the 2022 campaign — from saying no outright to eventually expressing openness to study it.

Reachable goals

Despite the Charter's supposed imperfections, Monsod said the ambitious goals set by the Marcos administration under the Philippine Development Plan (PDP) 2023-2028 are all achievable with the 1987 Constitution in place.

He added that the President has been able to gain billions of pesos in investments and pledges to the Philippines without the need to tinker with the Charter.

"Kung pag-aralan nila 'yung Philippine Development Plan, hindi kailangan [ng Cha-Cha]. [If] you read it, PDP is a very ambitious plan, maraming objectives. If you read it, there is not a single program or target that needs Charter change. Wala, hindi kailangan ng Cha-cha," Monsod said.

(If you study the Philippine Development Plan, Cha-cha is not needed. PDP is a very ambitious plan, it has many objectives. If you read it, there is not a single program or target that needs Charter change. None, Cha-cha is not needed.)

Hope for tomorrow

Asked how social reforms can be realized without an Anti-Dynasty Law, Monsod said the COVID-19 pandemic showed that change can happen "from the bottom up."

"The pandemic showed us something that's good, nakita niyo na yung mga communities, nagtulungan. Maraming nangyaring ganyan inside the country and I was inspired by it," he said.

(The pandemic showed us something that is good. We saw the communities working together. Many things like that happened inside the country and I was inspired by it.)

"Ibig sabihin n'un, transformation is possible. From the bottom up, not from up to bottom. It started in a barangay, then a municipality, and so on. It will take time, real change takes time. Ang problema, since EDSA, every administration failed in the promise of a new social order, which is premised on dismantling the feudalistic system of dynastic families," he added.

(That means transformation is possible. The problem is that since EDSA, every administration failed in the promise of a new social order which is premised on dismantling the feudalistic system of dynastic families.) — Sherilyn Untalan/ VDV, GMA Integrated News