1987 Constitution 'superior' to draft federal charter, says ex-SolGen


Posted at Jul 11 2018 11:19 AM

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MANILA - The 1987 Constitution is "superior" compared to the draft federal charter prepared by President Rodrigo Duterte's consultative committee on charter change, a former solicitor general said Wednesday.

Many provisions in the draft federal charter, which was submitted to Duterte, are redundant, said lawyer and constitutional law professor Florin Hilbay.

"To be honest, I'd say the current Constitution is actually superior over that particular draft. The language is not very tight. I cannot say any major improvement that cannot be remedied by ordinary legislation or by amendments," he told ANC.

The draft provisions on national territory are redundant despite having an expanded definition, Hilbay said. The part that mentions territories by historical rights and legal title may create "monsters of interpretations," he said.

Screengrab from the Consultative Committee's draft federal charter.

It will be better for Congress to amend parts of the 1987 Constitution to ban political dynasties and to reform the political party system, he said.