Con-com wants to clip SC powers

The 53-member presidential consultative commission (con-com), tasked to propose amendments to the Constitution, is considering stripping the Supreme Court (SC) of the power to declare government contracts null and void.

Commissioner Rita Jimeno said members of the con-com committee on the judiciary voted unanimously for the proposal to delete the second paragraph of Article VIII, Section 1 of the Constitution which states that "judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government."

Jimeno said that particular section of the Constitution gives the Supreme Court "much power."

"The Supreme Court at present has too much power. By removing this paragraph, we can avoid cases where contracts entered into by a government agency can be nullified by the Supreme Court as easily as they do so now when somebody files an original case," she told reporters.

The committee cited as an example the case of Manila Hotel Corp. where a firm had lodged an original case before the High Court to stop the hotel from being awarded the contract to operate the Ninoy Aquino International Airport Terminal 3.

Meanwhile, members of the con-com committee on the judiciary also agreed to retain the number of SC justices at 15, still to be presided by the Chief Justice.

However, the committee decided to delete the provision in Section 4.1 of Article VIII that allows the Supreme Court to be divided into three, five or seven members.

"We have decided (to propose) that the Supreme Court should always meet en banc so as to avoid conflicting decisions," Jimeno said.

In another development, former Bangko Sentral ng Pilipinas governor Gabriel Singson has expressed his support for lifting the Constitution’s "protectionist" provision, which bars foreigners from owning land and limiting their capital investments.

"Whatever a Filipino can own, a foreigner can also own, provided there’s reciprocity," Singson said before the Con-Com plenary session last Thursday.

Singson was one of the senior guest speakers invited before the commission, which is studying possible amendments to the 18-year-old Charter.

Under the 1987 Constitution, only alienable lands of public domain, such as agricultural lands, maybe leased by private corporations and owned by Filipino citizens through purchase, sale or grant.

Singson said should the restrictions be lifted, foreigners will be allowed to operate businesses for 20 years but will be subject to review by parliament after.

"Maybe if we lift restrictions in the Constitution and some statutes, we can limit this to 20 years, allow them to operate then subject them to parliament’s review. We should also have a provision on reciprocity," he said.

Singson explained the concept of reciprocity by citing that, for example, if the Philippine government allows American businessmen to own land, the United States government is expected to grant the same privileges to Filipinos doing business in the US.