‘Cha-cha via Con-con open to political change’

MANILA, Philippines — The main proponent of Charter change (Cha-cha) through constitutional convention (Con-con) in the House of Representatives has admitted that while the move aims to change restrictive economic provisions, the procedure could go as far as amending the political provisions in the 1987 Constitution.

According to Cagayan de Oro City Rep. Rufus Rodriguez, the main purpose of the Cha-cha measure that was approved by the lower chamber last week is to change the restrictive economic provisions of the charter.

However, he confirmed the fears of some sectors that in the process of Con-con, even some political provisions could change.

“It’s very clear that the mandate of our goal is for economic reasons. However, as you are very well known, when we have a Con-con, there will be supreme constituent power of the duly elected delegates and appointed delegates. And … it will be open also, aside from economic amendment it will be open to political amendments,” he told “The Chiefs” on Cignal TV’s One News.

Rodriguez said they just “wish our delegates will stick to economic amendments.”

Survey

He noted there is also no clamor to amend the political provisions in the Constitution, citing the surveys conducted during public consultations in Cagayan de Oro, Iloilo, Pampanga and Pasig.

Of more than 500 respondents and reactors, more than 60 percent were for economic amendments while only around 15 percent wanted political change.

“So really, there is not much clamor for political change because that could be messy. We hope the convention will be able to tackle (only) our economic amendments,” added Rodriguez, who also chairs the House committee on constitutional amendments.

Final reading

The House of Representatives is set to approve on third and final reading a measure that will amend the 1987 Constitution through Con-con, according to Kabayan party-list Rep. Ron Salo, one of the Cha-cha proponents in Congress.

“At the House of Representatives, I see it approved by next week on third reading … and then it will be forwarded to the Senate for their consideration,” he noted at a media forum.

Salo added that House members are open to communicate with their counterparts at the Senate to discuss the measure.

Last week, the House had approved on second reading Resolution of Both Houses No. 6, which calls for Cha-cha through Con-con.

Not enough

Contrary to the pronouncement of President Marcos, Rodriguez said there is a need to change the restrictive economic provisions in the Constitution to lure in foreign investors.

According to the President, constitutional amendment is not a priority of his administration and that there is enough legislation liberalizing the country’s economy.

But Rodriguez maintained mere legislation is not sufficient because it could not supersede the provisions in the Charter. He cited the Public Service Act, which was signed into law by former president Rodrigo Duterte in March last year.

A consumer group had questioned the constitutionality of the law because it excludes transportation and telecommunication in the list of public utilities which, according to them, is violative of the 1987 Charter.

Rodriguez also cited the January 2023 decision of the Supreme Court declaring the Joint Marine Seismic Undertaking (JMSU) among the Philippine National Oil Co., Vietnam Oil ad Gas Corp. and China National Offshore Oil Corp. as “unconstitutional.”

The high tribunal ruled that JMSU had violated the Charter because it allowed wholly owned foreign corporations to participate in the exploration of the country’s national resources.

“Even if President Marcos would go around and invite investors to come here from all over the world, then the next question is ‘but we’re only limited to what your (Constitution stipulates),’” Rodriguez said.