The House of Representatives on Tuesday night, June 1, adopted Resolution of Both Houses No. 02 with the mandatory 2/3 vote in order to amend provisions of the 1987 Constitution dealing with national economy. The Lower House needed only the support of at least 205 out of its 307 seven members to adopt the resolution. The “yes” voters reached 251.
A total 21 congressmen, most of them questioning the constitutionality of the House leadership’s adopted process of amending the Charter, thumbed down the measure. Two solons did not participate in the voting.
RBH 02 proposes to insert the phrase “unless otherwise provided by law” to sections of Article XII on National Patrimony and Economy; Article XIV on Education, Science and Technology and Article XVI on General Provisions, in order to free up the economy and welcome the entry of foreign investors.
The proposal grants Congress the authority to amend the Constitution by just passing a bill that will go through regular legislative processes.
Camarines Sur 3rd District Rep. Gabriel Bordado Jr. warned that the House action violates the 1987 Constitution because Senate is not part of it.
Speaker Lord Allan Velasco, principal author of the measure, recalled having filed RBH 02 “way back in 2019.” “Our intention then, as now, was purely to help our country rise above this pandemic through liberalizing the restrictive economic provisions in the Constitution that have long prevented us from becoming fully competitive with our Asian neighbors,” Velasco said in a press statement welcoming the adoption of RBH 02.
Bordado said the provisions sought to be amended should not be seen as “restrictions” to economic progress but “safeguards” against the exploitation of the country’s enterprises by foreigners.
Minority Leader and Abang Lingkod Partylist Rep. Joseph Stephen “Caraps” Paduano strongly objected against opening educational institutions and mass media to foreign ownership.
“I remain firm in my stand, Mr. Speaker, distinguished colleagues, that educational institutions and mass media are ‘Sui Generis’, or Unique and a class on their own. They are not Economic Provisions, Mr. Speaker,” he said.
Paduano added: “Further, freedom of expression is a Constitutionally guaranteed right of every Filipino citizen. The Philippine press must remain independent and free from any outside influence.”
Kabataan Partylist Rep. Sarah Jane Elago backed Paduano’s stand, saying that the country’s youth oppose the lifting of foreign equity restrictions on educational institutions.
“The underlying principle for restrictions in the ownership of educational institutions is the belief that the Philippines, as a sovereign nation. should have an educational system that inculcates nationalism and Filipino values,” Elago stated.
Gabriela Partylist Rep. Arlene Brosas declared:”We hate to say this, Mr. Speaker, but this is the most dangerous and most shameless Chacha in Philippine history.”
Deputy Speaker and CIBAC Partylist Rep. Eddie Villanueva and Albay Rep. Edcel Lagman thumbed down RBH 02.
“This resolution is an unpatriotic policy that is tantamount to selling our country to foreigners and subjecting our citizenry to the authority of foreign institutions,” said Villanueva.
According to Lagman the resolution is “not compliant” to Article XVIII that recognizes only three modes of amending the Constitutions which are by constitutional convention, people’s initiative and constituent assembly.
“It is also deficient in substance because the proposed amendment reading ‘unless otherwise provided by law’ will allow the Congress to amend the Constitution with unlimited discretion by legislation on the details of liberalizing the economic restrictions in the Constitution,” the veteran lawmaker stressed.