Noy not keen on Cha-cha amendments, but…

MANILA, Philippines – A key Cabinet member hinted yesterday that President Aquino is still not keen on proposals to introduce amendments to the 1987 Constitution, but nonetheless stressed that this can be discussed in the Legislative-Executive Development Advisory Council (Ledac).

“If you go by the President’s position on this, I don’t think it has really changed. He has not been, he doesn’t consider Charter change a priority,” Budget Secretary Florencio Abad told Palace reporters in a briefing.

He pointed out that surveys have indicated that Charter change (Cha-cha) is not imperative and among the least concerns of the business community.

“The President wants to focus in those areas which have been clearly and emphatically identified by the people and the business community as areas that need urgent changes like corruption, the problem of poverty, the problem of red tape,” Abad stressed.

“Those are the things that I think currently preoccupy the President,” he said.

Abad issued the statement following remarks made by Presidential Adviser on Political Affairs Ronald Llamas that the Aquino administration is now open to introducing amendments on economic provisions of the Charter.

“I don’t think the President’s mind on this has changed. I don’t know if Secretary Llamas has been interpreted correctly in the way he responded to you. But, insofar as we are concerned, the President’s position on this issue has not changed,” he added.

Nonetheless, the cabinet member said such issues can still be taken up in Ledac. “There will be an occasion for that after Congress resumes session and we will have to meet for the Ledac.”

“Because the Ledac will be the avenue by which the Senate, the Congress, and the executive can agree on priority legislation,” Abad said.

“So, I think that will be an occasion for either the Speaker or the Senate President to present whether in fact there should be a joint undertaking of the executive and Congress,” he said.

Earlier, Llamas said that Malacañang has indicated its openness for amendments to the 1987 Constitution.

“We are not closing the door on the possibility of Charter change, but any proposal must undergo rigorous evaluation and must be shown to be in line with and indispensable toward achieving the administration’s reform objectives,” Llamas said.

In a text message, Llamas – who has been known as among the close aides of Aquino – said Charter amendments “cannot be simply about charter change for it’s own sake.”

“Specific proposals will have to be assessed and evaluated. If they fit with President’s reform agenda, and are necessary, then they can be considered,” he explained.

Cha-cha limited to economic provisions

Senate President Juan Ponce Enrile and Speaker Feliciano Belmonte Jr. earlier met to discuss ways on how to effect changes to the 25-year-old Constitution, and probably update the outmoded economic provisions in the charter.

“Charter change is not yet dead as of the moment,” Belmonte said, adding that Cha-cha proposals have remained pending before the House committee on constitutional amendments.

For Enrile, any move to amend the Constitution should originate from the House of Representatives since they can best manifest what the people want.

“I would like them to indicate their result to go along with the idea. They are the House. They are the immediate representative of the people. We are the national representatives. From them, you can get the temper of the nation,” Enrile said.

But if no one else will file the bill for this purpose, Enrile said that he would not hesitate to do this himself.

Enrile admitted that his discussions with Belmonte started a while back and that they both agreed that the economic provisions would have to be addressed. “We’ve been meeting before because we discussed the possibility of amending the economic provisions,” he said.

“Without abandoning the protection given to Filipino nationals and their corporation in areas of national import like agriculture, land ownership, public utility, media and the others, we felt that it would be more of the interest of the country and more flexible for this country not to put that restriction in the Constitution but leave it to Congress to decide what areas of national, economic and social concerns would be left under the control of Filipino nationals and their corporations,” he explained.

“How can you expect foreign investment to come here if they are in the minority in certain areas of economic activities? If you are a foreign investor, are you willing to invest your money in a foreign land where the one who would decide how that capital would be used is not you but somebody else. I think common sense would tell you that the answer is obvious,” he added.

Enrile also said that Congress does not need meet as a constituent assembly to approve such an amendment.

“They can pass it in the House then we can pass it in the Senate with the required number of votes under the Constitution,” he said.

Enrile said that he has no intention of amending the Constitution for the purpose of changing the form of government from presidential to parliamentary as proposed by some sectors.

“There is no intention to weaken the power of the president or weaken the power of any institution of government. We are simply trying to make it easier for the nation to make decisions with respect to our economic life. We are not irresponsible leaders. We think of national interest more than ourselves,” Enrile said.

Public clamor

Meanwhile, the Nacionalista Party (NP) will be ready to join the discussions to amend the 1987 Constitution if the public is ready for it.

Sen. Manuel Villar Jr. said the NP has not made a formal stand on Charter change but he will be ready to discuss it with party members if needed.

“There is nothing wrong with amending the 25-year-old Constitution, but I believe that the timing is essential because there are more pressing matters which the government needs to address,” he said.

Villar noted that public opinion on Cha-cha will play a critical role if and when Congress succeeds in efforts to change the Constitution.

“If there is a clamor for Cha-cha then we can push through with the idea, but if there’s none then maybe we can deal with other priorities,” he said.

Enrile and Belmonte have been vocal about initiating moves to amend the Charter.

Both officials held last year an unprecedented legislative summit where leaders of both chambers formally agreed to start working on amending the economic provisions through a “bicameral constituent assembly.”

Under the proposal, both chambers would vote separately on the proposed constitutional amendments.

The proposed amendments to be made in the economic provisions in the Constitution would be tackled through the usual legislative process but the output would have to be ratified directly by the people in a plebiscite.

At that time, Enrile said that while the Charter change approach is untried in the country, it has been the frequent mode in the US.

The Speaker said there is no specific timeline for lawmakers to put in proposed amendments, but he does not anticipate that the process “will drag for so long.”

Outmoded

On Sunday, Sen. Joker Arroyo said it is about time to amend or review the 1987 Constitution because it was designed to diminish the power of the president following the martial law experience.

Arroyo noted, however, that the President has become so powerful now in a “centralized government.”

He said there is a need to review the Charter since some provisions may have become “outmoded.”

But Arroyo conceded that Cha-cha moves will remain inutile if it will not have the support of Aquino, who is reportedly against such proposals despite the open support by the Senate president and the House speaker.

An Aquino ally, Sen. Franklin Drilon, has also been supportive of Cha-cha moves.

“This process will be done by both Houses, it will be transparent, there will be public hearings, we will invite experts so the possibility that some vested interests will creep into the discussion will be minimized, if not prevented,” Drilon earlier said.

‘No term extension’

Citizens’ Battle Against Corruption party-list Rep. Sherwin Tugna said “the time to amend the Constitution has come” as “the call for its reexamination is becoming louder everyday.”

However, he opposed any attempt to extend the terms of office of sitting public officials “so as not to make the impression that Congress is empowering itself through the process.”

“I think there should be an outright restriction in modifying these sections of the Constitution if ever we push through with Charter change so that we can protect the people and just focus on improving their welfare by tackling the economic provisions that need to be amended,” he said.

He said many of the provisions of the Constitution, particularly the economic provisions, are outmoded.

“In amending the economic provisions of the Constitution, it is important that areas of investment where the 60-40 (foreign-domestic) percent equity limitations are proposed to be removed must be scrutinized,” Tugna said. –-Dellon Porcalla (The Philippine Star) with Marvin Sy, Christina Mendez, Paolo Romero