Charter change beyond economic provisions ‘likely’
Tuesday, October 11, 2011
THE chairman of the House panel considering amendments to the 1987 Constitution admitted that “there is no guarantee” that Congress will focus only on economic provisions.
Misamis Occidental Representative Loreto Leo Ocampos made this admission during the House Committee on Constitutional Amendments hearing on Tuesday.
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During the proceedings, non-government organizations signified opposition to efforts of Congress to amend the Charter’s economic provisions.
“There is no guarantee …everyone has their right to propose amendments,” Ocampos said in an ambush interview.
Ocampos, a member of the Liberal Party (LP), also stressed the importance of having a party stand despite the reluctance of President Benigno Aquino III on Charter change (Cha-cha).
“It is understandable that he (Aquino) is trying to keep a distance kasi malabo pa,” he added.
The committee chairman said the party will initiate a survey to find out the pulse of the nation on proposals to amend the Constitution.
Bayan Muna Representative Teddy Casino, for his part, pointed out that majority of the resource persons invited by the House panel said “there is no need for Cha-cha and it would in fact worsen our economy.”
“There is no clamor for Cha-cha and those who want it are just the Liberal party and big foreign corporations,” he added.
Ibon Foundation Network head Sonny Africa told committee members that Cha-cha will only “reinforce the worst aspects of Philippine economic policy-making.”
The Philippine Constitution Association (Philconsa) also opposed amending the economic provisions, pointing out that such provisions are “interwoven with all the provisions of the Constitution.”
“The Constitution is like an edifice with every part properly welded with each other that an attempt to repair a part of it will weaken the other parts and eventually the whole structure itself,” the group’s position paper stated.
House and Senate leaders revived proposals to amend the Constitution in the first legislative assembly organized by both chambers last month.
Senator Franklin Drilon proposed that constitutional amendments be taken up through a bicameral constituent assembly wherein proposals will be individually taken up by the respective committees of both chambers.
Let Supreme Court decide, senator says
In the Senate, questions on the validity of amending the Constitution through a bicameral constitutional assembly ought to be left to the Supreme Court, Senator Franklin Drilon said Tuesday.
Drilon, who has proposed amending the country’s basic law by having the Senate and House deliberate and vote on them separately, said he believes his proposal is sound. This, despite opposition from Senator Miriam Defensor Santiago, an expert on constitutional law.
She said Monday that treating amendments as if they were regular legislation would be unconstitutional and “dead wrong”.
“By definition, a Constitution is higher than ordinary law and therefore, you cannot possibly adopt the procedures for ordinary legislation to a constitutional process,” she said.
Drilon, also a lawyer, said he respects Santiago’s position.
“We have our own opinion and at the end of the day, it will be the Supreme Court who will decide which of the two opinions are valid,” he said.
The bicameral constitutional assembly has also been criticized at the House of Representatives, with House Minority Leader Edcel Lagman calling it a “mongrel” method.
Lagman, another lawyer, said the Constitution only allows amendment through three modes: constitutional amendment, constitutional convention, and people’s initiative.
He said Congress — both the House and Senate — must jointly approve amendments with a two-thirds vote.
“Amendments by legislation are not authorized,” Lagman has said.
Senate President Juan Ponce Enrile has opposed this, saying the 1987 Constitution does not say Congress must vote together.
Drilon said it will be up to the Supreme Court to decide “whether or not this fourth mode would be a valid way of amending the Constitution.”
‘No False Hopes’
Minority Leader Alan Peter Cayetano, in a press statement Tuesday, said amending the Constitution “will only create bigger problems.”
“Bringing the people’s attention to Charter Change and making them believe that it will solve all of the country’s problems, especially concerning the economy, is really just giving them false hopes,” he said.
He said foreign investors balk at putting money into the Philippines not because of protectionist economic provisions but because of the peace and order situation, graft and corruption, high power rates, and a lack of infrastructure.
He said the government should “be creative” and look for alternatives to charter change.
Cayetano cited “Thailand’s aggressive move to improve social services by removing taxes on petroleum products and substantially raising the country’s minimum wage” as an example.
According to a Bloomberg report, the Thai government is still in talks with workers and employers on a proposal to raise the minimum wage to 300 baht ($9.64, 421.83 pesos) a day.
Business groups have criticized the proposal, saying higher business costs will lower exports and could mean they will have to fire workers.
In July, the Thai government scrapped a requirement for oil companies to give money to an Oil Stabilization Fund. Removing that requirement would retail lower fuel prices but would cut into the fund, already in debt by $722 million that month.
Santiago also said that constitutional amendments will not cure the country’s ills.
“The issue, as always, is the economic regulatory system so certain and stable that when an investor comes with his money and capital and invests it in our economy, he will be sure that in the next 20 to 30 years the rules will remain the same? That’s the main reason why we don’t have foreign investments because the rules keep changing all the time. Plus, the degree of corruption of course distorts the rules,” she said Monday.(Kathrina Alvarez/Jonathan de Santos/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/10/11/charter-change-beyond-economic-provisions-likely-184555
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Bldg 6460 Clark Observatory Building
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Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
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