Cha-cha by legislation: SB files House Resolution No. 1

MANILA, Philippines - After what seemed to be a final rebuff from President Aquino, supporters of Charter change (Cha-cha) are taking the legislative route, with national ratification in a plebiscite, to achieve their goal.

Quezon City Rep. Feliciano Belmonte Jr. has filed a resolution seeking to amend restrictive economic provisions of the 1987 Constitution through the regular legislative route in the Senate and the House of Representatives.

House Resolution No. 1 seeks to enjoin the Senate and the House to propose amendments to Articles 2, 12 and 16 of the Constitution by a vote of three-fourths of their members, with each chamber voting separately.

If passed by the two chambers, the amendments would be presented to the people for approval in a nationwide plebiscite.

Belmonte expressed optimism that the latest Cha-cha initiative would gain widespread support as he noted that “the mandate given to current leaders who advocated for change signifies renewed trust in the government and immense optimism in its ability and commitment to bring about improvement in the quality of life of Filipinos.”

“Statistics show that despite the economic growth, poverty incidence remained constant for the past six years, thus the need to urgently address the issue,” Belmonte said in his resolution.

“In order to realize the full benefit of inclusive growth, the restrictive economic provisions in the Philippine Constitution which hamper the flow of foreign capital investments must be lifted,” he said.

He said the trust of the people in the country’s leaders has encouraged more investments, leading to economic growth and earning for the Philippines the reputation as the fastest growing economy in Asia.

He said the growing global interest in Asia provides an opportunity for the Philippines to compete for more investments.

“There are many reasons why we are lagging behind our neighbors in terms of foreign direct investment and certainly the constitutional provisions are one of them because even if you wanted to invest in the Philippines you couldn’t do it,” Belmonte told reporters.

Despite repeated pronouncements from Malacañang that it was not yet time for amending the Constitution, Belmonte expressed belief President Aquino still has an open mind on the matter.

He recalled that Aquino last year – after meeting with him and with then Senate President Juan Ponce Enrile – had the matter studied by his economic managers.

Belmonte said that since the President has no political ambitions, Filipinos are very likely to readily accept proposals for fundamental reforms.

“I think this is the simplest Charter change (initiative) we can imagine. We are also trying to avoid extensive cost to amend the Constitution,” Belmonte said.

“I’m still hoping to get the President not to oppose it... under the current situation where everybody thinks he has strong leadership, everybody perceives him to have no ambition of prolonging his leadership in office and many people recognize the need for more economic activities here by getting more foreign capital inside and creating jobs,” he said.

“I have always thought this Constitution needed a President like P-Noy, under whose aegis this could be done. I’m still hopeful this simple change can be something that he can accept,” he added.

While acknowledging fears expressed by many that such an initiative could open the floodgates to further amendments, he stressed his proposal includes provisions designed to block unwanted or unnecessary amendments.

The concurrent resolution of the House and the Senate would be passed like an ordinary bill, except that it has to be approved in a three-fourths vote and subjected to a nationwide referendum.

He said his resolution stipulates the insertion of the phrase “unless otherwise provided by law” in dealing with what are considered restrictive provisions.

This means that Congress would still have to craft and pass specific laws to ease constitutional restrictions like opening up ownership of land, utilities or media.

In such a situation, the President can veto the bill as an added safeguard, lawmakers said.

The resolution cited as an example the insertion of the phrase “unless otherwise provided by law” after the fourth sentence of paragraph 1, Section 2 of Article XII (National Patrimony and Economy).

Based on an “amended” version of such provision, the state has full control as well as development rights over the country’s resources, including forests and waters and mineral oils, but may seek partnership with groups that are at least 60 percent owned by Filipinos “unless otherwise provided by law.”

Such partnerships are good for 25 years and renewable for at least another 25 years, based on existing laws.