Part One
HE who doesn’t look back where he came from would either not reach his destination or wouldn’t trip and fall down.
The latter phrase was taken by wise cracks from Jose Rizal’s original admonition to always review history. It could also describe the mind-set of those who framed the 1987 Constitution of the Republic of the Philippines: always look forward.
Framed after the deposing of the dictatorship of President Ferdinand E. Marcos, the 1987 Constitution was hinged on the goal of ensuring greater opportunities for more employment, better income and improved standard of living of Filipinos. This goal was explicitly expressed in the economic provisions stated in Article XII, XIV and XVI.
Under the 30-year-old Charter, the goals of the national economy are to assure a more equitable distribution of opportunities, income and wealth and a sustained increase in the amount of goods and services produced by the nation for the benefit of the people.
This provision is created to expand productivity, as the key to raising the quality of life for all, especially the underprivileged.
It also mandated the State to promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources and which are competitive in both domestic and foreign markets.
The economic provision also seeks to protect Filipino enterprises against unfair foreign competition and trade practices.
Optimum opportunity
IN pursuit of these goals, the Constitution said all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives and similar collective organizations shall be encouraged to broaden the base of their ownership.
One of the strongest economic provisions in the Charter is that which emphasizes ownership of all lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna and other natural resources. With the exception of agricultural lands, all other natural resources shall not be alienated. This means all exploration, development and utilization of natural resources shall be under the full control and supervision of the Philippine government.
However, the Charter allows the State to enter into agreements with Filipino citizens in developing these resources for the benefit of the people. Nonetheless, the Charter demands that the government protect the country’s marine wealth “and reserve its use and enjoyment exclusively to Filipino citizens.”
Other economic provisions of the Constitution also emphasize this ownership and development of the country’s resources.
The Charter allows for cooperative fish farming, with priority to subsistence fishermen. It gives leeway to the country’s chief executive in terms of entering into agreements with foreign firms for large-scale exploration, development and utilization of minerals, petroleum and other mineral oils.
Further protection
BUT the Charter emphasizes protection of these resources, especially the public domain, such as agricultural, forest or timber, mineral lands and national parks. The Constitution said all alienable lands of the public domain shall be limited to agricultural lands.
Also, the Charter emphasizes these resources are reserved for Filipinos and to be used by Filipinos alone. The Constitution provides that private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not more than 25 years.
The Charter also demands that the State protect indigenous cultural communities and their ancestral lands to ensure their economic, social and cultural well-being.
Another economic provision of the Constitution, particularly Article XIV, also provides that the control and administration of educational institutions shall only be vested, again, in citizens of the Philippines.
It said educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least 60 percent of capital of which is owned by such citizens.
Meanwhile, Article XVI emphasizes that the ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by Filipino citizens.
Charter change
DESPITE the good intentions behind these economic provisions, members of the House of Representatives are focusing on amending the Charter.
These lawmakers, who will be members of the constituent assembly that will amend the 1987 Constitution, have said “now is the right time” to review and liberalize what they deem as “restrictive” provisions of the charter to attract more foreign direct investments.
Last December President Duterte ordered the creation of a consultative committee to review the 1987 Constitution, including economic policies enshrined in the Charter.
Last January Rep. Roger G. Mercado, the chairman of the House Committee on Constitutional Amendments, said they would closely coordinate with the consultative committee created by Duterte.
“The creation of the committee is a welcome development toward the plan to revisit or amend the Constitution,” Mercado said. “The creation of the committee would be a great help for us in drafting this historic Constitution.”
The move to amend the 1987 Constitution comes 31 years after it was ratified by a nationwide plebiscite on February 2 that year.
To be continued
Image credits: Nonie Reyes