Members of Koalisyon Laban sa ChaCha: Simbahan at Komunidad Laban sa ChaCha (SiKLab) and other multi-sectoral groups gather at Plaza Roma in Intramuros, Manila and hold a prayer rally and protest action against proposals to change the Charter of the Philippines on February 22, 2024. Jonathan Cellona, ABS-CBN News/file 

MANILA — A framer of the 1987 Constitution believes it is not the right time to open up the Constitution for amendments in light of talks on Charter Change (Cha-Cha).

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Christian Monsod said during the hearing of the Senate Committee on Constitutional Amendments and Revision of Codes on Tuesday that although it is good to review the Constitution, he cannot go along with it because the country is on a “slippery slope of authoritarianism." 

“Seventy percent of the House (of Representatives) are part of the administration and I think that the Constitutional Convention will be under the control of the House and it's not going to be really an impartial, objective body because of the way politics is done in our country,” Monsod said.  

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He also supported this statement by citing the Supreme Court decision not to grant former Senator Leila de Lima’s bail. 

Monsod said, “Yesterday she was finally freed after over seven years and if you read the decision of the Supreme Court denying her bail, the 10 justices who voted that way had even different notions of what she was accused of whether dealing with drugs or conspiracy to deal with drugs.” 

For Monsod, the feudalistic system of dynastic families should be blamed for the ills of society, not the Constitution.

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Another 1987 Constitution framer, former Supreme Court Associate Justice Adolfo Azcuna, said it is time to craft a new Constitution. 

“Siguro (Maybe) it’s time for a new Constitution to be able to meet the challenges of the times. Although it will be expensive, I believe na it’s worth the expense, the need for a new charter is to me very obvious and I am in favor of it,” Azcuna said. 

One mode of changing the Constitution is through a Constitutional Convention (Con-Con), which, according to former Presidential Anti-Corruption Commission (PACC) chairman Greco Belgica, is a way for the public to ensure that they are directly represented. 

In a Con-Con, delegates are elected to propose amendments to the Constitution. 

For former lawmaker Neri Colmenares, the country needs electoral reforms but it should be ensured that needs of the public are truly addressed. 

Committee chairman Senator Robinhood Padilla said now is the best time to amend the Constitution via Con-Con. 

"Kailangan natin maliwanagan pati po ang mga bagay na may kinalaman sa pag-decentralize ng kapangyarihan ng Imperial Manila. Kailangan nang gawin ‘yan.  Isa pa diyan ang tinatawag nating laging issue yan ngayon laging pinaguusapan, political dynasty,” he said. 

(We must be enlightened on the Charter's provisions on decentralizing power as well as political dynasties.)

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Meanwhile, lawyers and legal luminaries agreed that both houses of Congress should meet jointly but vote separately in amending the Constitution. 

Paolo Tamase, assistant professor of the University of the Philippines, said amending the Constitution should go through the same process as crafting an ordinary law. 

IMMINENT DANGER 

Azcuna also believes putting back “imminent danger” as a reason for martial law declaration in the Constitution should be reexamined. 

“There may be a need to consider allowing the President to declare martial law in case of imminent danger of invasion or rebellion. Considering that there are already safeguards in the present Constitution such as the power of the courts to review the factual basis of the declaration of martial law. If there is no really imminent danger the courts can reverse the declaration of the President,” Azcuna said.

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Monsod agreed, “There are so many things we can do that’s even more stronger actions against invasion of or rebellion in our country…Imminent danger in the Constitution is not the answer.” 

“We definitely learned from the 14-year abuse of martial law power by an unchecked president… that we have a cultural tendency towards authoritarian rule. We may forgive, but we should not forget,” Monsod added. 

The Committee will hold a Technical Working Group to iron out the provisions of the proposed bills.

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