PRESIDENT Benigno S. C. Aquino III said that amendments to economic provisions in the Constitution are not necessary for economic progress but said that he will still discuss the matter with the congressional leadership currently pushing for a bicameral constituent assembly.
Last Thursday, Congress leaders pushed for a revamp of the Constitution with regard to economic provisions deemed restrictive to foreign investments.
“We are a democratic country, at least all of these ideas have to be explored, but if I am asked my opinion, I don’t think Cha-cha (Charter change) is a necessary move at this point in time,” Mr. Aquino told reporters on the sidelines of an event in Malacañang.
Mr. Aquino pointed out that he has been “public” about not favoring Cha-cha in the past.
“Yung mode na con-ass tinutulan natin nung araw ’yan [The mode of constituent assembly, we objected to that in the past],” he said.
“Yung reasoning na economic provisions, pag-uusapan namin nung mga leadership, siyempre kailangan kong pakinggan yung magkabilang panig, pero hindi ako sang-ayon na ’yun ang solusyon na palaguin ang ating ekonomiya (The reasoning that [we need to modify] the economic provisions, we will talk it over with the leadership, to get both sides of the argument, but I don’t agree that this is the solution to developing the economy),” he said.
Mr. Aquino pointed out that the burgeoning Chinese market, for example, is not tied to its laws. “Ang China alam natin kung paano ang sistema ng kanilang batas, pero ang laki-laki ng kanilang merkado, yun ang nagpapa-enganyo na dumating yung mga mamumuhunan (China, we know how their legal system is but their market is so big, and that’s what’s attracting business to come in).”
He indicated that market forces are more relevant than the political system when it comes to the economic advantages of a certain country.
“Ngayon na tumataas ang presyo sa dating cheap labor na sinasabi ng China, umaalis na rin po ang mga ibang investors diyan at lumilipat ng ibang lugar (Now that the price of what was once cheap labor in China, some of the investors are transferring to other places),” added Mr. Aquino.
Vote as one
Meanwhile, House Minority Leader Edcel C. Lagman (1st district, Albay) said Congress should vote as one body if it wants to amend the Constitution.
In a statement, Mr. Lagman said a Supreme Court decision in the Gonzales vs Commission on Elections already defined the difference between legislative authority and constituent power.
The Supreme Court ruled in 1967 that “indeed, the power to amend the constitution or to propose amendments thereto is not included in the general grant of legislative powers to Congress… Hence, when exercising the same, it is said that Senators and Members of the House of Representative act, not as Members of Congress, but as component elements of a constituent assembly.”
This empowers Representatives and Senators to jointly convene in a constituent assembly to consider and propose Charter change, not as legislators representing their respective chambers but as “component elements of a constituent assembly” in the precise language of the Supreme Court.
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By: Johanna Paola D. Poblete
Source: Business World, Oct. 3, 2011
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