By Jess Diaz and Paolo Romero
The Philippine Star
The Philippine Star
House Majority Leader Neptali Gonzales II
MANILA, Philippines – Proposing changes in the political provisions of the Constitution will doom a renewed effort by some lawmakers to have the Charter amended and made more investor-friendly.
House Majority Leader Neptali Gonzales II issued the warning yesterday after Cagayan de Oro City Rep. Rufus Rodriguez and his brother Maximo, who represents the party-list group Abante Mindanao, filed a bill proposing a constitutional convention to revise both the political and economic provisions of the Charter.
Gonzales said the House leadership would not allow the Rodriguez brothers’ plan to have members of the chamber tinker with the political provisions of the Constitution “because that will kill our Cha-cha initiative.”
He said the Rodriguez brothers’ initiative, if allowed to take its course, would bolster suspicion that lawmakers and politicians would use Charter change to prolong their stay in power and not in pursuit of reforms.
At Malacañang, deputy presidential spokesperson Abigail Valte shrugged off the Rodriguez brothers’ proposal, saying “our lawmakers are free to push whatever initiatives they like under the law, or what we call, short of it that they are advocating.”
“We want to focus on the economic provisions because we believe that we need to lift certain foreign ownership restrictions to sustain the economic growth the nation has achieved under President Aquino,” Gonzales said. “What we’re after are the investments that would create jobs and growth,” he told The STAR.
The Rodriguez brothers want sweeping changes in the political provisions of the Charter including shifting from presidential to parliamentary-federal system, conversion of the present two-chamber Congress into a one-chamber parliament, and lifting of term limits for senators, congressmen and local officials.
Gonzales said that if Charter change proponents include the conversion of Congress into a unicameral parliament in their proposals, senators would surely kill the initiative since it would mean abolishing the Senate.
He said there is a greater chance that senators would agree to Charter change if such endeavor would be confined to the Constitution’s economic provisions.
While the Rodriguez brothers want a nationally elected convention to propose constitutional amendments, Quezon City Rep. Feliciano Belmonte Jr. and Gonzales want the Senate and the House to do the job.
The two chambers, based on Belmonte’s proposal, would have to convene as a constituent assembly but vote separately on proposed constitutional changes. Belmonte, a member of the ruling Liberal Party, is likely to be reelected Speaker in the current Congress.
“You’ll see later that the events will speak for itself… only the Concurrent Resolution is likely to be reported out by the committee,” Gonzales said, when asked whether the Rodriguez bill would be considered.
Valte, meanwhile, said that while “divergent positions” are welcome, “the President has not changed his position on this particular issue.”
She expressed confidence that like in the 15th Congress, the executive and legislative departments would be able to preserve their good working relations despite some differences over the Charter issue.
“We have seen that in the past Congress. This issue is not new. It has also been open to the public about how key players discussed this issue and the relationship went well as many legislators have supported the administration,” Valte said.
La Union Rep. Victor Ortega, a delegate to the 1971 Constitutional Convention, also expressed support for Belmonte’s resolution, saying charter reforms are long overdue.
“I have been fighting for charter change for the past 20 years. I agree with Speaker Belmonte that we need to amend the restrictive economic provisions of the 1987 Constitution to attract foreign investments and capital that will create more employment and reduce the incidence of poverty in the country,” Ortega said.
He said that while Charter change should have been done during the early years of the Aquino administration, it still could be realized before 2016.
“The best time for charter change should have been during the first year and a half of the Aquino administration. This is the second best time,” he said.
He said that while he prefers the con-con mode of amending the Constitution, any charter reform efforts should not be hampered by debates over which mode is best. “The ultimate goal is to improve the Constitution. The route is only secondary,” Ortega said.
Citizens’ Battle Against Crime and Corruption (CIBAC) party-list Rep. Sherwin Tugna appealed to the public particularly the skeptics to have an open mind on the issue.
“The charter reform is at the heart of legislation, the heart of democracy,” he said.
Tugna said restrictions on foreign ownership of businesses have tempted some businessmen to resort to creating dummies to accommodate foreign capital.
“US corporations for example are covered by racketeering and corruption laws that if they violate even outside the US, they can be prosecuted. So they can’t invest fully in the Philippines even if they want to,” he said.
Reached for comment on Gonzales’ warning, Rep. Rufus Rodriguez, who is president of the Centrist Democratic Party, said senators and the people “should keep an open mind not only on economic Cha-cha but on political Cha-cha as well.”
“Secessionist efforts in Mindanao and even in the Visayas are rooted in the unitary-presidential system that we have and which has failed us. Imperial Manila continues to dictate on the regions, and development is centered only here in Metro Manila,” Rodriguez said.
“What is wrong with trying the federal-parliamentary type of government which can work wonders for our country? It could be the answer to the Bangsamoro problem,” he said.
But Rodriguez admitted that rewriting the Charter’s economic provisions to ease restrictions on foreign ownership and investment “is more urgent” than tinkering with the political provisions.
“We have to finish economic Cha-cha in 2014 in preparation for ASEAN (Association of Southeast Asian Nations) integration in 2015, when the entire ASEAN region will be one big common market and investment area,” he said.
Unless foreign ownership and investment limits are scrapped, “we might be overtaken by Cambodia and Vietnam in terms of economic growth and poverty reduction,” he said. But he appealed to his colleagues to review the Charter’s political provisions as well “because the inherent gridlock in the presidential system is also hindering economic growth.”
‘PNoy has spoken’
Opposition Sen. Nancy Binay said Charter change should not be prioritized just as President Aquino had repeatedly told his allies.
“For me, President Noynoy has already spoken. This is not a priority. For me, I would rather take my cue from the President. There might be more important matters that we need to discuss,” Binay said in an interview last Thursday, shortly after she met with members of the new minority group at the Coconut Palace.
Her opposition colleague acting Senate President Jinggoy Estrada had also voiced his approval for introducing changes in the Constitution but only in its economic provisions. He also said Charter change proponents should take advantage of the popularity of President Aquino to launch their initiative.
But for Sen. Francis Escudero “it is not timely and necessary at this time, especially the amendment on political provisions.”
Sen. Gregorio Honasan said a “comprehensive approach” to amending the Constitution should include removal of “all defective provisions.”
Catholic Bishops’ Conference of the Philippines (CBCP) president Cebu Archbishop Jose Palma, for his part, said there are provisions in the Charter that need to be revised or done away with but that officials should exercise caution.
“We know that this is one aspect in our life that we need to study very well and not suddenly,” Palma said in CBCPNews, the official news service provider of the CBCP.
“So without denying there (are) also provisions in the Constitution that need to be changed and yet as we always say we should be extra cautious and I think we need more time to study,” he said.
The CBCP president said they are also taking into consideration the huge expenses required for such an endeavor.
“So these are factors that we usually leave to the constitutional experts. But even before these are certain factors that we really have talked about,” he added. –With Delon Porcalla, Evelyn Macairan, Christina Mendez
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RELATED STORY:
Bill seeks political Cha-cha
By Jess Diaz
The Philippine Star
The Philippine Star
MANILA, Philippines – Advocates of Charter change in the House of Representatives may have to talk politics after all, as two senior lawmakers yesterday filed a bill seeking amendments not only to the economic provisions of the Constitution but to political provisions as well.
In their proposed bill, Cagayan de Oro City Rep. Rufus Rodriguez and his brother Maximo, who represents the party-list group Abante Mindanao, are asking Congress to convene a constitutional convention (con-con) to propose constitutional amendments.
The Rodriguez brothers’ proposal came days after Quezon City Rep. Feliciano Belmonte Jr., the speaker in the previous Congress, filed a resolution seeking changes solely in the economic provisions of the Constitution through the legislative route with a national plebiscite.
Belmonte is expected to be reelected Speaker in the current Congress.
Among the political changes being proposed by the Rodriguez brothers were shifting the country’s form of government from presidential system to federal-parliamentary, conversion of Congress into a one-chamber parliament, and the abolition of the term limits for senators, congressmen and other local officials.
“Now is the perfect time to push for a constitutional convention given that businessmen and the people have full trust and confidence in President Aquino,” Rodriguez said.
“The people can see the President as someone who will pursue Charter change without any political agenda.”
The Rodriguez brothers noted that Charter amendments in the past were proposed by a nationally elected convention.
He called con-con the “most democratic and transparent” way of amending the Constitution.
Belmonte wants Charter change done by the Senate and the House jointly assembled as a constituent assembly but voting separately.
A con-ass mode is considered faster and less expensive and is ideal in cases where amendments are limited to specific provisions, since one chamber would have veto power over the other, according to Belmonte.
In their con-con bill, the Rodriguez brothers proposed that foreign ownership restrictions in the exploration and use of natural resources, in public utilities, educational institutions, mass media, advertising, and other investment areas be lifted.
They also want land ownership to remain in the hands of Filipinos only until land distribution under the comprehensive agrarian reform program is completed.
Rep. Rufus Rodriguez, president of the Centrist Democratic Party, said the country’s high unemployment rate “is a clear and compelling reason to ease the economic restrictions in the Constitution, especially now that we have good growth, low inflation and good credit ratings.”
Despite the favorable investment environment, “we have one of the lowest, if not the lowest, foreign direct investments in Southeast Asia,” he said.
“We could be overtaken by Cambodia and Myanmar if we do not act and remain paralyzed by unfounded fears on amending the Constitution. We need an investment revolution if we want true and inclusive growth,” he said.
Aside from changes in the structure of government, the two Mindanao lawmakers want members of parliament to be elected to a four-year term, instead of the present three years for congressmen and local officials and six years for senators, without limit to their reelection.
They are also proposing the restoration of majority and minority party representation in the board of election inspectors, which would continue to be chaired by a public school teacher.
They also want the appointment of justices to the Judicial and Bar Council confirmed by the Commission on Appointments.
In seeking political changes, the Rodriguez brothers said the current setup has not brought about progress for the country and an improvement in the lives of the people.
Under their con-con bill, the convention would be composed of one delegate each from the country’s 234 legislative districts, with the same qualifications as House members.
They would be entitled to a P2,500 allowance per day of attendance in the session of the convention or in the meetings of its committees, plus a reasonable amount for travel expenses. They would have no salary.
Any person holding an elective or appointive office would be considered resigned upon the filing of his certificate of candidacy for convention delegate.
A delegate cannot hold any other office and cannot run in the first national and local election to be conducted under a rewritten Constitution. The bill proposes the allocation of P250 million for the election of delegates and P500 million for the operation of the convention.
It sets a deadline for the convention to finish its job: from Jan. 6, 2014 to July 6, 2014.
An elected convention would have plenary or sweeping powers to rewrite the Constitution. However, the two said the President, with his vast popularity, could easily get the delegates’ support for whatever changes he desires in the Charter.
Former Manila mayor and Rep. Lito Atienza of the party-list group Buhay also favors a con-con.
Undeterred
Belmonte, meanwhile, is undeterred by President Aquino’s rebuff of renewed efforts in Congress to have the Constitution amended.
“We’d like to concentrate on the legislative agenda and I’ll feel my way in respect to Charter change not only with the President but with the senators as well, and my colleagues here,” Belmonte told reporters.
“Definitely it’s much easier to go farther if the President will back it. Certainly I will give it another try at the best opportunity,” he said.
He recalled that Aquino did not reject the proposal outright when he and then Senate President Juan Ponce Enrile Jr. met in Malacañang last year. The President referred the matter for study by his economic managers.
“So let me just follow up on this conversation. Certainly I’ll do my best but definitely I will not also allow it to stand in the way of priority bills of the President,” Belmonte said.
He suggested the Legislative-Executive Development Advisory Council (LEDAC) be convened as soon as possible after the opening of the 16th Congress on July 22 so that a list of priority measures could be easily prepared.
But he said he would not insist that his Concurrent Resolution No. 1, which seeks amendments to Articles II, XII, and XVI, be included in the list of priority bills by the LEDAC.
“I really think that we ought to hear what the administration wants and to give them our full backing,” Belmonte said.
“I’d play it by ear so I’d know what to do,” he said when asked whether he would have the Charter change resolution included in the LEDAC list.
He said the proposed amendments would not automatically change the Constitution “but will only unshackle the government from the fact that there are certain things that it is prohibited to do.”
He also said he has no problem with the Rodriguez brothers introducing their own Charter change proposal.
“There are many ideas and viewpoints of various people here and it’s really our job to try to see where we can meet and agree on something,” Belmonte said.
Show of support
His Charter change initiative, meanwhile, is being backed by business groups led by the Philippine Chamber of Commerce and Industry (PCCI).
“We are for amending the economic restrictions in the Constitution,” PCCI president Miguel Varela said in a telephone interview yesterday.
PCCI is the largest umbrella organization of enterprises in the country. “We will support any move to encourage more investments,” he said.
Varela said relaxing the restrictive economic provisions of the Constitution is likely to boost foreign direct investments in the country.
He also said the move to amend the economic provisions of the Constitution will help the country sustain its economic growth.
“It is important for the country to attract investments that will create jobs,” he said.
For his part, Management Association of the Philippines president Melito Salazar Jr. also said in a text message that his group supports the proposal to introduce changes to the economic provisions of the Constitution.
“These are the only provisions business sees as impeding entry of more investments,” he said.
“Also, we do not want any political changes that could heat up the debates and divert the public attention from the main focus – economic reforms,” he added.
European Chamber of Commerce of the Philippines vice president for external affairs Henry Schumacher said his group is of the belief that it is time to amend the economic provisions of the Constitution.
“We wholeheartedly support the proposal. It will lead to higher foreign direct investment and job creation,” he said.
Earlier, the PCCI and 12 other groups including foreign chambers voiced support for changes in the Constitution.
The groups, in a joint statement, also batted for stronger anti-trust and anti-monopolies law, as well as speedy implementation of key infrastructure projects under the public-private partnership (PPP) program.
“There are several laws and issuances which do not address the complexities of the current market conditions, and as well result in overlapping jurisdictions and conflicts. Thus, we see the need for a single comprehensive law,” the groups said.
“Through these measures, the business community is of firm conviction that the Philippines will continue to be among Asia’s fast rising economies, while ensuring that such economic and governance gains benefit the majority of our people that are in need the most,” they added.
The Foundation for Economic Freedom (FEF), for its part, also expressed support for moves to liberalize the economic provisions of the Constitution.
“We believe that the country cannot experience inclusive growth, reduce poverty, and combat joblessness except by removing these restrictions from the fundamental law of the land and allowing Congress to liberalize those provisions as may be needed,” the FEF said in a statement.
“We believe that liberalizing the economic provisions of the Constitution is part of ‘Daang Matuwid (straight path)’ as it would attract the right kind of foreign investors into our country and would eliminate the incentive for foreign businessmen to evade those restrictions by corrupting our institutions,” it said. – Louella Desiderio, Paolo Romero
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