Once Congress convenes itself into a Constituent Assembly (Con Ass), there is no stopping legislators from shifting to a federal-parliamentary system of government that would open the door for President Gloria Macapagal-Arroyo to stay in power beyond 2010, according to one of the authors of the 1987 Constitution.
Lawyer Christian Monsod, one of the members of the 1986 Constitutional Commission, told dzMM Thursday that there is no way to limit the Constituent Assembly from tackling only a shift to a federal system of government for the sake of granting Muslims an expanded and more powerful homeland in southern Philippines.
"If the Constituent Assembly has been convened, it has plenary powers. I don't think you can limit by law what the Constituent Assembly can take up," Monsod said.
The Senate's Joint Resolution 10, sponsored by at least 12 senators, seeks to convene Congress into a Constituent Assembly for the purpose of revising the Constitution to establish a federal system of government that will create 11 federal states, including a Bangsamoro Federal State.
Senator Aquilino Pimentel, one of the authors of the measure, believes the resolution limits what the Constituent Assembly can take up.
But Monsod disagreed, saying a Constituent Assembly "will really open all other amendments that may be considered" by the 22 senators and 238 members of the House of Representatives.
He explained that like the 1986 Constitutional Commission or a constitutional convention, the members of the Constituent Assembly will "define their own rules once they convene."
Monsod said it should be clear in these rules that any measure that will be proposed by the Constituent Assembly must be put to a vote to both houses of Congress voting separately, as what is provided in the 1987 Constitution.
Gordon agrees
In a separate interview also on dzMM Thursday, Senator Richard Gordon, chair of the Senate committee on constitutional amendments, also said that once Congress convenes into a Constituent Assembly, it can take up any proposal.
"It becomes a plenary group. Tuloy-tuloy na yan. You can't say, let's just change this," Gordon said.
He said charter change via a Constituent Assembly can be done but it should be after 2010.
Gordon said proposing a shift to a federal-parliamentary system of government at this time will always make people suspect that its main goal is to extend the term of incumbent officials.
Misleading
Monsod criticized government officials for misleading the public by saying that minority Muslims can only be granted ancestral domain rights if there is a shift to a federal system of government.
"The implication of some statements of administration people is that you need to shift to federalism in order to give effect to the peace agreement. There is no such thing because the adoption of a federal system for the entire government is not necessary," he said.
Monsod said an easier way to grant Muslims greater economic and political power, without having to make radical changes, is by amending the section in the Constitution on local government or on autonomous regions.
"You just change those provisions and give more power to the autonomous region and call it Bangsamoro homeland provision without touching other provisions of the Constitution," he said. "Because the section on autonomous regions already constitutes some exceptions....That's why the Constitutional Commission enacted that provision on autonomous regions."
"Why is it that some people are saying that ou cannot possibly implement the MOA [Memorandum of Agreement on Ancestral Domain with the Moro Islamic Liberation Front] without changing the entire system to a federal government? That is misleading," Monsod said.
Federal-presidential
Monsod also wondered why government negotiators and officials are not talking about a shift to a federal-presidential system of government, which would retain the one-term ban on the president.
"You can have a federal government that is presidential. It's not necessary that federal is always tied with parliamentary, so you can still have limitations on the term of the president," he said. "Like in the US, the federal system there has a two-term limit [of the president]."
Suspicious
As a result of these misleading statements, Monsod said people have become "suspicious" that the real intention in calling for a shift to a federal system of government is to allow President Arroyo to stay in power beyond 2010. "The MOA is just the convenient excuse," he said.
He lamented that it is now the MOA on Ancestral Domain that is the guiding policy instead of the Constitution being the framework for the peace talks with the Moro rebels.
"Where did they get that authority to negotiate beyond the four corners of the Constitution?" Monsod asked.
He said the Arroyo administration was "doing a very poor job of rationalizing charter change, and that's why there is a lot of mistrust."
"Because the way they explain things is very misleading. It makes people say, 'Baka yan [term extension] ang original motive," Monsod said. "They have to do a better job."
"There is no connection between federalism and a peace agreement," he said.
Gordon, meanwhile, said he is in favor of a "gradual" shift to federalism only after 2010.
He said a shift to a federal system of government will require a major public information campaign so that people will understand the proposed changes.