DESPITE repeated pronouncements from President Marcos Jr. that amending the 1987 Constitution is not a priority under his administration, his allies at the House of Representatives are willing to go to great lengths to make it happen, even give in to the preferred Charter change mode of their Senate counterparts.
In a press conference of the Partido Demokratiko Pilipino—Lakas ng Bayan (PDP-Laban) yesterday, Leyte Rep. Richard Gomez said the House leadership is willing to jettison its chosen mode of Charter change and adopt the Senate’s choice if that is what it would take to accomplish the job.
Last March 6, the House voted 306-6 in favor of convening a hybrid constitutional convention (con-con) to tackle proposed amendments to the 36-year-old Charter.
Gomez, however, disclosed that the chamber will readily discard the hybrid con-con if it appears unlikely to gain the support of senators during the bicameral conference committee that will attempt to reconcile the disagreeing provisions of the proposal.
His party mate, actor-turned-Senator Robin Padilla, has earlier announced that he and other members of the Senate are leaning towards the constituent assembly (con-ass) mode as it would cost considerably less than convening a con-con.
“Pag natapos ang Senado sa version nila, magbi-bicam ‘yan. At pagdating sa bicam kung ano ang resolution nila … pag sinabi magko-con-ass, the House will fully move into a constituent assembly. Iyan po ang posisyon (Once the Senate completes its own version, we will go into bicam. If the resolution favors a con-ass, the House will fully move into a constituent assembly. That is our position),” he told members of the media and PDP-Laban party members.
Asked whether there has been a categorical pronouncement from Speaker Martin Romualdez supporting this, Gomez said he proffered the question to the Speaker and the latter gave his assent.
“When I reported to the Speaker, he said yes. At the bicam, they will come up with a resolution and the Speaker said that if the Senate will come up with a version for con-ass, then we will go for it,” the Leyte solon said.
In fact, Gomez said, Romualdez was elated to hear that reaching a middle ground with the senators is likely.
“Sa pagkarami-raming taon ngayon lang po gumagalaw para amyendahan itong Constitution na ito. On the part of the House… 301 ang pumirma para amyendahan ang Constitution through constitutional convention (After many years, it is only now that things are moving smoothly to amend the Constitution. On the part of the House, 301 members signed in favor of amending the Charter through Constitution Convention,” he pointed out.
Gomez said he obtained Romualdez’s conformity during the party leadership meeting at the Speaker’s Office at the Batasan Complex.
“Natuwa si Speaker Romualdez na gumagalaw ang Senado and we are very happy about it,” he added. “There was no need to convince the Speaker. The House overwhelmingly voted Yes for a constitutional amendment, with 301 members saying Yes, including the Speaker. There was no need to convince him because he knows that this should be the way to go.”
‘LACK OF TRUST’
Former Senate President Franklin Drilon yesterday said Cha-cha proponents should hurdle the public’s “lack of trust” on lawmakers, which he said is a major obstacle in the push for constitutional amendments.
Drilon said the Filipino people mistrust politicians, especially the proponents of amending the Constitution through the con-con mode.
“Ang mahirap sa katayuan natin, walang tiwala ang taumbayan sa politico. Takot na kapag nagkaroon ng con-con, bubuksan mo ang Saligang Batas at kung anu-ano na ang makakapasok diyan na mga interes (We are in a dilemma where the people do not trust politicians. They fear that once the constitutional convention mode is adopted, and the Constitution is opened, amendments to the several provisions of the Constitution will be done by those with vested interests),” Drilon said in a television interview with The Chiefs.
“This is the first issue that you have to hurdle — the trust of the people in Congress,” he added.
The House of Representatives has been pushing for the con-con mode in amending the Constitution, a mode which Chief Presidential Legal Counsel Juan Ponce Enrile said is a “disservice to the Filipino people” since the government will have to spend billions in pesos for it.
Padilla, chairman of the Senate Committee on Constitutional Amendments and Revision of Codes, has been pushing for the con-ass mode, which he said is more affordable for the government.
Drilon said another issue that lawmakers have to address is the level of trust of Congress on each other, especially if both houses convene into a con-ass.
“One of the issues is in a con-ass. Do we vote separately or jointly? Obviously, when you vote jointly, the Senate becomes irrelevant. That is why the Senate has been resisting such a situation because the Senate can become irrelevant,” he explained.
Drilon said there is a need to amend “one of the longest constitutions that we have in the world,” which he said was heavily influenced by the country’s experience during the Martial Law years. “Hence, all the restrictions on government found its way in the Constitution because of fear that Martial Law can again be imposed.”
Drilon said the 1987 Constitution leaves no leeway for the country’s policy makers.
If the intention is to amend the economic provisions only, he said the formula that he and then House Speaker Feliciano Belmonte Jr. proposed during the 15th Congress could be achieved by just inserting the phrase “unless otherwise provided by law” in the provisions eyed for amendments.
He said this will allow policy makers more flexibility to remedy the so-called restrictive provisions of the Constitution, thus will authorize Congress to propose amendments for the economic provisions without the need to touch every word and phrase in the Charter.
“To me, there should be some flexibility. However, cha-cha is not the be-all and end-all,” he said, adding that other factors to be considered in boosting the country’s investment climate is to address corruption and red tape.
Enrile made the same pitch when he appeared before the Senate panel on Wednesday.
CHA-CHA CARAVAN
The Partido Demokratiko Pilipino Lakas ng Bayan (PDP-Laban) is now collating the signatures and support of its party members for the proposed amendment of the 1987 Constitution, particularly the lifting of the restrictive economic provisions of the Charter, Secretary-General Melvin Matibag said.
Matibag said the party is also planning to stage a nationwide caravan with Padilla to raise awareness on the need for Charter change.
“The PDP-Laban is giving its full support to amend the 1987 Constitution. We are currently circulating a resolution for the signature of 200 members of the PDP National Council in support of lifting the restrictive economic provisions of the 1987 Constitution, which is being actively pursued by Senator Padilla,” he said.
Matibag said PDP-Laban chairman and former President Rodrigo Duterte also strongly support moves to revise the economic provisions and had met with top party officials early this week on the matter.
He said this resulted in the drafting of a resolution which is expected to be signed by more than 200 members of the PDP-Laban National Council composed of lawmakers and local officials.
The PDP, in a news release, said the economic provisions of the 1987 Constitution limits foreign participation and ownership to 40 percent in protected industries in the Philippines, which is “among the major reasons why the Philippines cannot attract enough foreign investments needed to create more jobs for Filipinos.” — With Raymond Africa and Jocelyn Montemayor
