MAJOR political parties and blocs in the House of Representatives have signed a manifesto of support for a proposal amending only the economic provisions of the 1987 Constitution.
In the manifesto dated January 13, the political leaders vowed that the House will “deliberate only on the economic provisions” as specified in Resolution of Both Houses (RBH) No. 2 filed by Speaker Lord Allan Velasco and is now being taken up by the House Committee on Constitutional Amendments.
The chairman of that panel, party-list Rep. Alfredo Garbin, had stirred a controversy on Wednesday when he claimed that his panel was already sitting “in the context of a Constituent Assembly” when it convened to amend the Constitution’s economic provisions even without the other members of the bicameral legislature.
Sotto rebuffs Garbin
Senate President Vicente Sotto III, noting that Congress is still on recess, dismissed Garbin’s assertion that “we are sitting as a Con-Ass, exercising our constituent powers,” and reminded everyone that Congress is still in recess.
“The only way a Constituent Assembly can be initiated and considered to sit as one, is if it is done in plenary and session assembled,” the Senate leader said.
Noting that lawmakers have yet to formally reconvene regular session on Monday, Sotto asserted “that is a simple committee hearing the [congressmen] are conducting.”
At the same time, Sotto advised: “If we want to tinker with the Constitution, we had better make sure our rules and procedures are sharpened.”
The Senate leader suggested the proper options after Garbin, sitting as chairman of the House panel on constitutional amendments, claimed that “the Constitution does not provide for the convening of the Constituent Assembly prior to making proposals for amendments to the Constitution.”
Garbin added: “Neither is there any mention about a Constituent Assembly in the Rules of the House of Representatives. Once Congress initiates the procedure to propose amendments to the Constitution, it is deemed to have entered into the exercise of its constituent powers.”
Boost to recovery—Velasco
Meanwhile, Velasco said he revived the Charter change talk to help the economy recover from the devastating impact of the coronavirus pandemic.
“We believe that now is the most opportune time to resume the deliberation on the amendments to the economic provisions specified under RBH No. 2 for the primary purpose of mitigating and providing lasting solutions to the devastating economic effects brought about by the Covid-19 pandemic,” the manifesto by major political parties and blocs read.
“In doing so, we hope to fortify and safeguard the foundations of our nation from future crises and curtail the severity of other economic regressions going forward.”
They said the House will remain consistent with its position that when Congress proposes amendments to the 34-year-old Charter, “the House of Representatives and the Senate shall vote separately.”
The proposed amendments will be submitted to the people for ratification simultaneously with the May 2022 national elections, they added.
The signatories of the manifesto were House Majority Leader and Leyte 1st District Rep. Ferdinand Martin Romualdez for Lakas-NUCD, Deputy Speaker and Oriental Mindoro 1st District Rep. Salvador “Doy” Leachon, Rizal 1st District Rep. Michael John Duavit for the Nationalist People’s Coalition, Surigao del Norte 2nd District Rep. Robert Ace Barbers for the Nacionalista Party, Cavite 4th District Rep. Elpidio Barzaga Jr. for the National Unity Party, Davao City 3rd District Rep. Isidro Ungab for Hugpong ng Pagbabago, Deputy Speaker and 1-PACMAN Rep. Michael “Mikee” Romero for the Party-list Coalition Foundation Inc., and Aurora Rep. Rommel Rico Angara for the independent bloc.
Velasco had earlier instructed Garbin’s panel to open discussions on amending the economic provisions of the Constitution, as stated in RBH No. 2.
Velasco said these “restrictive” economic provisions, which hamper the flow of foreign capital investments, must be lifted to support the country’s economic recovery from Covid-19.
He said foreign investments play a crucial role in the economy by supporting domestic jobs and the creation of physical and knowledge capital across a range of industries.
RBH No. 2 specifically aims to amend certain economic provisions of the Constitution, particularly Articles XII (National Patrimony and Economy), XIV (Education, Science, Technology, Arts, Culture and Sports) and XVI (General Provisions).
The measure seeks to insert the phrase “unless otherwise provided by law” to several sections of the Constitution, which restrict foreign ownership of land, natural resources, public utilities, educational institutions, media and advertising.
Disadvantageous
Meanwhile, House Deputy Minority leader and Bayan Muna Rep. Carlos Isagani Zarate warned that the proposed Charter change would be very disadvantageous to consumers, national minorities and national patrimony in general.
“We could be bracing ourselves for a tidal wave of onerous contracts similar to or even worse than the now highly publicized scandalous deals with Maynilad and Manila Water,” said Zarate, as he expressed his apprehension on the approval of proposed constitutional amendments that include giving Congress the power to lift restrictions on foreign ownership, a policy expressly laid down by the Filipino people in the 1987 Constitution.
He said this proposed “unbridled authority” would be granted to Congress by the introduction of the phrase “unless otherwise provided by law” on economic provisions in the Constitution that limit the participation of foreign investors.
“We’ve already seen the detrimental effects of opening up public service to business interest, and now they want to do it on a grander scale, involving foreign businesses,” said the progressive solon.
According to the lawmaker, areas to be potentially opened to full foreign participation and ownership are in the use of land and natural resources, use of marine wealth, control of public utilities, mass media and advertising, and educational institutions, among others.
“If this amendment gets through we would see our public services turned into super-profit generating, 100-percent foreign-owned enterprises. We would be fully at their mercy,” said the Davao-based solon.