Sees people’s initiative ‘too divisive’
PRESIDENT Ferdinand Marcos Jr. has tasked the Senate to spearhead the deliberations on proposals to amend the 1987 Constitution as he believes that the people’s initiative (PI) mode being pushed by the House of Representatives was “too divisive,” Senate President Juan Miguel Zubiri said yesterday.
Zubiri, in a press conference, said he had a one-on-one meeting the President Tuesday last week where they “discussed how we can diffuse” a possible constitutional crisis if the PI proposal for a joint congressional voting on proposed amendments to the Constitution is approved.
He said Marcos was unaware that the PI campaign was intended to overshadow the Senate by the more than 300 congressmen.
“I raised the alarm on the PI (people’s initiative). He (Marcos) was gracious enough to meet with me and we discussed how we can diffuse the situation. In fairness to the President, hindi niya alam na ‘yung PI language was to diminish the powers of the Senate (he was not aware that the language of the PI was to diminish the powers of the Senate),” he said.
Zubiri said the President told him to meet with Speaker Martin Romualdez. “I met with him (Romualdez) on Tuesday evening, after which we had a lively and vigorous debate on the issue and we decided to meet with the President once again at 3 p.m. in Malacañang last Thursday,” he said.
Zubiri said he told Romualdez that the plan for the Senate and the House of Representatives to vote jointly on Charter change, which was included in the PI petition, is “unconstitutional because we are a bicameral system of government.”
To settle the issue, Zubiri said the President supposedly decided that the Senate should “take the lead in the discussions on the economic provisions and you approve your version, which the House can adopt.”
The President’s preferred mode, the Senate leader said, was through a constituent assembly (con-ass).
He said Marcos instructed the Senate to review the economic provisions of the Constitution in the context of the Public Services Act (PSA), which has been amended and signed into law during the last Congress, to allow foreign ownership in certain public services, including the management and operations of airports, railways, expressways, and telecommunications. A petition has been filed at the Supreme Court questioning the provisions of the PSA.
“So, that was the position of the President para hindi na tayo maglagay ng kung anu-ano pang amendments na sa tingin natin ay magagalit ang taumbayan (So, that was the position of the President so there won’t be any other amendments to the Constitution which may anger the people),” he said.
Romualdez said the House leadership recognizes the fact that amending the Constitution “is a significant and sensitive endeavor.” “It requires not only the collective will of Congress but also the support and understanding of the Filipino people. We are committed to ensuring that this process is transparent, inclusive, and reflective of the aspirations of our citizens,” he said.
“In this pivotal moment in our nation’s history, we stand together, united in our goal to usher in a new era of economic prosperity and stability. We look forward to engaging in constructive discussions and working collaboratively with all stakeholders in this important constitutional endeavor. As Speaker, I assure the Filipino people that their voices will be heard and their interests safeguarded as we embark on this journey towards a brighter and more prosperous future for the Philippines,” he said.
PEOPLE’S INITIATIVE
In a statement he read before accepting questions from the media, Zubiri said the Senate respects and recognizes “the people as our sovereign,” which has the right to call for Charter change but “we must guard against any attempt to revise the Constitution by exploiting our democratic process under the guise of people’s initiative.”
“The people’s initiative on Article XVII, Sec. 1(1) of the Constitution stoked fears of unknown among our citizens. Any proposal to amend or revise the Constitution must identify the provisions being changed, containing their full text, but most importantly, must be forthcoming on the impact, effect, and true intention behind the proposed changes. Only then can they be presented for approval to the people — our sovereign from whom all powers emanate,” he said.
He said the proposal in the people’s initiative “could have led to a constitutional crisis, destabilizing our bicameralism and upsetting the system of checks and balances.”
Zubiri said that while the Senate exercised “restraint” in pushing for Charter revisions, the people’s initiative was launched “so as not create a not so harmonious relationship with the House of Representatives.”
He recalled that in 2004, when he was still a member of the lower house, then Speaker Jose de Venecia and then Senate President Franklin Drilon had a falling out due to their different positions on Charter change. As a result, proposed measures were not immediately passed.
“As such, the Senate commits that it will work with the House of Representatives to remove all doubts on the constitutionality of the law by ensuring that the liberalized policies contained in the PSA (Public Services Act) can be implemented and relied on by investors as an enduring policy. It is only in this respect that the Senate can agree to modify the Constitution,” Zubiri said.
“We wish to assure the people that in reviewing the economic provisions of the Constitution, we will be circumspect. We are guided by the knowledge that our sovereign is watching, and that the work we do should represent no interest other than our people’s interest,” he added.
RESOLUTION OF BOTH HOUSES NO. 6
After the press conference, Zubiri filed Resolution of Both Houses No. 6 seeking amendments to “certain economic provisions” of the 1987 Constitution.
“There is a need to institutionalize the reforms laid down in the Public Services Act to liberalize industries, promote efficient service delivery. And foster competition as an enduring policy,” he said in the resolution.
Zubiri proposed that amendments to the Charter’s economic provisions should only cover Articles XII, XIV, and XVI.
Under the proposal, Section 11 of Article XII (National Patrimony and Economy) will be amended to read as “No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines, or to corporations or associations organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens unless otherwise provided by law, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period of fifty years.”
“The State shall encourage equity participation in public utilities by the general public. Unless otherwise provided by law, the participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines,” the resolution stated.
Another proposed amendment is on Paragraph 2, Section 4, of Article XIV (Education, Science and Technology, Arts, Culture, and Sports), which will read: Basic 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 sixty per centum of the capital of which is owned by such citizens… The Congress may, however, require increased Filipino equity participation in all educational institutions. The control and administration of educational institutions shall be vested in citizens of the Philippines, unless otherwise provided by law.
Paragraph 2, Section 11 of Article XVI (General Provisions) will also be amended, as follows: “Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry, unless otherwise provided by law. Unless otherwise provided by law, the participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines.”
Aside from Zubiri, Senate president pro tempore Loren Legard and Sen. Juan Edgardo Angara signed the resolution.
Romualdez expressed his “unwavering” support for the Senate’s initiative to file the resolution, saying “the synergy between the Senate and the House in passing this resolution will send a strong signal of unity and purpose.”
“It aligns with the aspirations of the proponents of the ongoing People’s Initiative, who have tirelessly advocated for constitutional reform. Their efforts, born out of a necessity due to previous unsuccessful attempts at amending the Constitution through Congress, highlight the urgent need for these reforms,” he said in a statement.
Romualdez said the move to amend the Constitution through a constituent assembly underscores Congress’ “commitment to a democratic and participatory process – It reflects our collective resolve to address the long-standing barriers that have, to some extent, hindered our nation’s progress.”
He said the resolution using the mode of con-ass “is a decisive step towards amending the 1987 Constitution, particularly in terms of relaxing the economic provisions that currently restrict the entry of foreign direct investments into the Philippines.”
“Our nation stands on the cusp of transformative economic growth, and it is imperative that we adapt our constitutional framework to the evolving global economic landscape. The amendments proposed are not just timely but necessary to unlock the full potential of our economy, fostering a more competitive, inclusive, and robust economic environment,” he said.
Zubiri said he expects the Senate to finish discussions on and adopt the final version of the resolution before Congress’ summer break on March 23.
“This is to avert a constitutional crisis between the House of Representatives and the Senate, and to make it clear that there are no other planned provisions or amendments on any other thing but purely economic in nature,” Zubiri said.
“Tatlo lang ang topic dito at napaka-simple, napakalinaw. So, eto po ang gagawin natin para sa ganoon we preserve the bicameralism of both the House of Representatives and the Senate (There are only three topics which are very simple and very clear. We will do this to preserve the bicameralism of both the House of Representatives and the Senate),” he said.
Zubiri said there is no need for the Senate to sit down with members of the House to discuss the amendments to the Constitution.
“They can do it there (while) we can do it here. It is not provided under the law that we must convene,” he said.
Zubiri said he was convinced to review the economic provisions of the Charter since the constitutionality of the PSA has been questioned before the Supreme Court, a move which he said has scared foreign businesses from investing in the country.
Zubiri said, however, that the Senate needs at least a 3/4 vote of its members, or 18 out of the 24 senators, so the upper chamber can proceed with the review.
He said he held a meeting with 13 other senators last week and “majority” of them expressed their support for a review of the economic provisions of the Charter, except for Senate deputy minority leader Risa Hontiveros who had reservations about the move.
“We know their (minority bloc) position but being the Senate president, I want to be transparent that these discussions will take place once the Senate resumes on January 22,” he said.
“If we don’t get the 3/4 votes, then wala nang usapin sa (there will be no more discussions on the) Constitution,” he added.
On the other hand, if the Senate gets the 3/4 votes needed, Zubiri said they will create a sub-committee on constitutional amendments and revision of codes to be headed by Sen. Juan Edgardo Angara, a lawyer. The mother committee is headed by Sen. Robin Padilla, who is a not a lawyer.
“We chose Sen. Sonny Angara kasi kailangan natin talaga dito ay abogado. With due respect, hindi ko pa nakakausap si Sen Robin Padilla, he’s still abroad. But when he’s back, kakausapin namin siya at ire-request na kung puwede na para sa usapin na ito, we will ask for the creation of a sub-committee for this purpose (We chose Sen. Sonny Angara because we really need a lawyer here. With due respect, I have not yet talked to Sen. Robin Padilla, he’s still abroad. But when he’s back, we will talk to him and request that we will create the sub-committee for this purpose),” Zubiri added.
SACRED
Amid the ongoing Cha-cha signature drive around the country, the Sangguniang Laiko ng Pilipinas (Laiko) called on the faithful to put more value on their respective signatures and not share them with ease.
In a social media post, the Laiko said there is a need for the people to make sure that they keep their signatures sacred amid efforts to have them collected allegedly in exchange of P100 payment.
“We encourage our brothers and sisters, the lay people, to be more aware and discerning regarding these moves… And to keep their vote and signature sacred,” said the Laiko.
It said this is in line with the earlier warning of several bishops, firstly by Taytay (Palawan) Apostolic Vicar Bishop Broderick Pabillo, against the ongoing PI signature campaign.
Pabillo earlier noted how the PI, if successful, could lead to the two houses of Congress voting as a whole, instead of separately.
“We agree with Bishop Pabillo that the move to have both houses of Congress vote jointly will adversely affect us,” said Laiko.
Under such circumstances, the lay organization said the lower house will be able to gain more control in legislation, a predicament which it said will not bode well for the Catholic Church’s position on anti-life measures.
“We have seen how a simple majority of the lower house has tried to pass measures promoting anti-life bills, such as divorce and same sex marriage. Having both House vote jointly for amendments to the Constitution, will jeopardize our pro-life and pro-family Constitution,” said the Laiko.
Earlier, Albay Rep. Edcel Lagman claimed that congressmen from the supermajority coalition have launched a people’s initiative campaign with an aim to initiate Charter Change.
Lagman said the local officials were allegedly given mobilization funds and forms to be signed by registered voters in their respective localities.
Voters, who would sign the petition, according to Lagman, will be given P100 each. — With Wendell Vigilia and Gerard Naval
