Cha-cha beyond economic provisions possible — Binay

The move to amend the Constitution has the possibility of going beyond the economic provisions despite the insistence of House leaders who are pushing Charter change (Cha-cha) that the proposed amendments will be made strictly to enhance the competitiveness of the economy.

Vice President Jejomar Binay expressed concern that the move to amend the Constitution might go beyond the economic provisions.

“While the assurance was made that the amendments will focus only on economic provisions, there is still the chance that it will go beyond it,” Binay told reporters during the Pabahay Caravan in Calapan, Oriental Mindoro.

He said President Aquino, however, had said that amending the Constitution was not a priority of his administration.

Binay said the matter should be left to Congress since its leaders have agreed to pursue amendments to the economic provisions by removing the 40 percent equity limitations on foreign investors.

“This is purely a congressional initiative,” Binay added.

Last week, leaders of the Senate and the House of Representatives have agreed to deliberate and vote separately on Charter change.

The House of Representatives’ committee on constitutional amendments has scheduled a hearing on October 11 on a resolution seeking to revise the Constitution’s economic provisions, despite President Aquino’s statement that Cha-Cha is not one of his priorities.

The other proposed reforms in the Constitution are expanding foreign investor roles in the exploration, development and exploration, development and utilization of natural resources, allowing foreign ownership of industrial and commercial lands, liberalization of the practice of profession in accordance with the principle of reciprocity, allowing foreign investment in tertiary education and the extension of the 25 years plus 25 years land lease agreement.

Sen. Franklin Drilon had said the Cha-cha move will not succeed without the political support of Aquino saying it would be extremely difficult to pursue without the support of the president.”We must have the support of the president, in order to succeed in this endeavor,” Drilon said.

While Aquino supposedly made his stand that Charter change is not a priority of his administration, Drilon had expressed hopes he will eventually change his mind once the debate on the move to amend the Constitution begins in Congress.

”The public debate will expose if there is basis to amend the economic provision of the Constitution and we will try to convince the President on the validity and substantiality of the proposal,” Drilon said.

Drilon said that he has been pushing to amend the economic provision of the 1987 Constitution since 1995 but “this is the best time to do it because we have the President who is not interested in extending his term.”

”We have the President that has a high credibility and sincerity and not in favor to amend the constitution for his own benefit. He does not want to stay one day longer after he steps down. And this the best time to take a good look at the constitution,” Drilon, an administration lawmaker, said.

The lawmaker from Iloilo said if President Aquino will give his support to proposal to amend the constitution, “we will have this before his term ends.”

Drilon defended the bicameral constituent assembly as the ideal mode to revise the economic provision of the constitution.

”There is already check and balance in the proposed bicameral constitution assembly because both the Senate and the House of Representative will have to vote separately,” Drilon said.

The senator said he would oppose any move to amend other provision except for the economic requirement of the Charter.

Drilon said they were also ready to defend the cha-cha move even if it would be questioned at the Supreme Court.

Drilon said the Senate was reluctant in calling for a Constitutional convention (Con-con) or Constituent Assembly (Con-ass) in amending the Constitution for fear that this might open up the entire provisions of the Charter.

Under his position paper which was approved by the leaders of both Chambers of Congress, Drilon proposed a “bicameral constituent assembly” as the mode to be used in amending the Constitution wherein the Senate and the House would deliberate proposed amendments in their respective Chambers but will vote separately before it will be presented to the people for ratification.

“Nowhere in the present Constitution can one find a provision requiring that both Chambers assemble in joint session to consider proposed amendments to the Constitution. The only requirement of Article XVII, Section 1 of the Constitution is that the proposal be approved by three-fourths of all its members. The approach I am proposing would result into a modified form of a constituent assembly. Instead of the Congress sitting in joint session, the method I am proposing would in effect call for a bicameral constituent assembly, each House taking cognizance of and deliberating on each and every proposed amendment filed in their respective Chambers,” he said.

Drilon said each and every proposed amendment filed will be referred to a particular committee or to a committee of the whole, which then conducts public hearings, prepares the committee report, submits it to the floor for debates, deliberations and amendments, and then submits it for vote on second reading.

On third reading, he said the required number of affirmative votes is three-fourths of all the members of each Chamber.

“Should there be differences in the versions passed by the two Chambers, then a bicameral committee is formed to come out with a reconciled version, after which the same is voted again by each Chamber by a three-fourths vote of all its members,” he said.

Drilon said the procedure ensures the Constitution is not opened wide for a major rewriting; only amendments on the economic provisions of the Constitution can be introduced one at a time; the check and balance between the two Chambers of Congress is preserved and the deliberations will become more transparent; and that this is in keeping with the bicameral nature of Congress as prescribed in the Constitution.

“Ultimately, what is important in the process of amending the Constitution is that it is the people’s will that shall prevail,” he said.

“The requirements are that the number of votes is qualified — three-fourths, rather than just majority vote, and that the proposed amendments be submitted to a plebiscite for ratification by the people. These are the very elements that elevate the task of amending or rewriting the Constitution, to a level of much higher importance than simply legislating or enacting statutes,” he noted.

Speaker Feliciano Belmonte in his opening remarks during the Legislative Summit is aimed at coming up with a mechanism to fast-track priority measures identified during the Legislative-Executive Development Advisory Council (LEDAC) meeting, and those identified by the Senate and the House of Representatives.