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MANILA, Philippines – The House of Representatives is open to a “surgical” Cha-cha (Charter change) to amend the Constitution’s economic provisions, Majority Leader Neptali Gonzales II said yesterday.
“The Speaker and most of us are not in favor of a con-con (constitutional convention) or con-ass (constituent assembly). We are open to the Bernas alternative, which calls for a surgical Cha-cha through the House and the Senate,” Gonzales said.
The Mandaluyong City congressman was referring to the Cha-cha mode advocated by widely respected constitutionalist Fr. Joaquin Bernas, who was part of the 1986 constitutional commission.
“We are amenable to considering changes only on the economic provisions,” he said, in reaction to Senate President Juan Ponce Enrile’s proposal that Congress consider amending the Charter’s economic provisions to speed up the nation’s growth.
Enrile had broached his proposal in a meeting with Speaker Feliciano Belmonte Jr. before the first regular congressional session ended in June. He reiterated it in his remarks during the start of the second session last Monday.
Gonzales said under the Bernas mode, constitutional amendment proposals would be treated like ordinary bills and resolutions that go through the normal legislative process.
“The House and the Senate will vote separately, and the vote required is three-fourths of all members of each chamber. On an ordinary bill, the needed vote is only majority of quorum,” he said.
He said once the two chambers have approved a particular amendment proposal, they would send it to the Commission on Elections with a request for the holding of a plebiscite for its approval by the people.
He pointed out that unlike in the past, the advocacy to change the Constitution’s economic provisions “has a great chance of succeeding today since it will not be tainted with political color.”
“The motive will not be suspect. I don’t think Senate President Enrile and Speaker Belmonte are intending to aim for a higher office, and I don’t think President Noy will try to extend his term. The motive here will be to encourage more investments and speed up economic growth,” he said.
Gonzales disagreed with presidential spokesman Edwin Lacierda that constitutional changes are not needed to accelerate growth and that administrative reforms like making rules investor-friendly would suffice.
He conceded that while reforms are needed, changing the Charter’s economic provisions could result in more investments and faster economic development.
“That cannot be done by the executive branch. You have to have a con-con, a con-ass or Congress do it. For instance, a revision of the 60-40 ownership sharing requires a constitutional amendment,” he said.
He was referring to the Charter’s provision limiting foreign ownership of domestic corporations to 40 percent and reserving the 60 percent to Filipinos.
The majority leader said in capital-intensive businesses like mining, more foreign capital, and therefore larger foreign ownership, would be needed.
He said relaxing the foreign ownership limitation would also do away with the practice of unscrupulous foreign investors going around the restriction by having Filipino dummies.
During the last years of then President Gloria Macapagal-Arroyo, her political and congressional allies tried but failed at least thrice to amend the Constitution to shift the country to the parliamentary system and extend the terms of office of incumbents.
Gonzales said the current Cha-cha effort should not touch any of the political provisions of the Charter.
“The moment there is discussion about any political change, the motive becomes suspect and Cha-cha won’t take off,” he said.
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By: Jess Diaz
Source: The Philippine Star, July 30, 2011
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