Padilla wants to liberalize economic provisions in Constitution
MANILA, Philippines — Sen. Robinhood Padilla is pushing to give Congress the power to introduce laws to liberalize economic provisions of the 1987 Constitution which some lawmakers and economists described as “restrictive.”
Padilla on Wednesday filed Resolution of Both Houses No. 3 which calls on Congress to convene as a constituent assembly and propose amendments to the Constitution, particularly its economic provisions.
The Constitution restricts foreign investments in natural resources, private land, public utilities, educational institutions, mass media and advertising.
“These economic provisions are perceived to be barriers to trade and investment responsible for the continuous decline of foreign direct investments, and placed the country as one of the most restrictive economies by international standards,” Padilla said in RBH No. 3.
Padilla seeks to change this by inserting the phrase “unless otherwise provided by law” in these provisions, which would allow Congress to pass laws that could change the restrictions imposed by the Constitution.
He wants to give lawmakers the leeway to decide whether to lift the requirement that Filipinos retain at least 60% ownership of certain areas of investment as recommended by the economic and planning agency.
He also proposed that Congress allow foreigners to own land up to 1,000 square meters and foreign corporations up to five hectares, as long as it is solely for the purpose of foreign direct investment.
For Padilla’s proposal to fly, it has to secure a three-fourths vote from both the Senate and the House of Representatives, with each chamber voting separately on whether to convene as a constituent assembly.
This can be seen as a solution to a perennially thorny issue faced by efforts to change the Constitution as the Senate, composed of just 24 members, may easily be outnumbered by the House, composed of over 300 legislators, should they vote jointly.
Opposition
But some senators are already signalling their opposition to the proposal, with Sens. Nancy Binay and Grace Poe pointing out some laws passed by the Congress opened up the economy to more foreign investments.
"We know that Charter change is too divisive. What we need is to unite to prepare for a possible global recession," Binay said in a statement.
“There’s no need at the moment for a ConAss. Unless the proponents are pushing for another agenda,” Poe said in a text message shared with reporters.
Senate Minority Leader Aquilino Pimentel III said “people are too preoccupied with daily living struggles” and that proposals to change the Constitution “can wait.”
Padilla, who chairs the Senate constitutional amendments panel, filed RBH No. 3 on the heels of a meeting with his counterpart at the House, Rep. Rufus Rodriguez (Cagayan de Oro City, 2nd District) and other House leaders where they agreed to pursue changes to the Constitution’s economic provisions.
Tweaks to the Constitution have been pushed under every administration after President Corazon Aquino, including proposals to shift to a parliamentary form of government, but none of them have been successful so far mainly due to opposition sparked by insinuations that government officials are trying to keep themselves in power.
President Ferdinand "Bongbong" Marcos Jr., the chairperson of Partido Federal ng Pilipinas which backs the creation of a federal state, has acknowledged that this is the major barrier to constitutional reform, even as he said that federalism best fits the country.
Still, Marcos has not given any indication whether he supports moves to amend or revise the Constitution, but its absence from his first State of the Nation Address is telling.
During a hearing of the House committee on constitutional amendments, political science professors from the University of the Philippines - Diliman said all proposed constitutional revisions after the term of former President Ferdinand Marcos Sr. have been “executive-driven,” making it high time for Marcos Jr. to speak on the long-debated issue.
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