Constitutional Convention as Best Amendment Path
MANILA, Philippines — Antipolo 1st District Representative Ronaldo Puno emphasized that the constitutional convention offers best path to amend the 1987 Constitution. He argued that this method avoids the procedural ambiguities that arise when amending the charter through a constituent assembly.
In a privilege speech delivered on Monday, Puno explained that historical experiences and changing governance demands compel lawmakers to revisit the Constitution’s provisions. He said pursuing amendments transparently and with minimal disruption to legislative duties is crucial.
Why a Constitutional Convention Is Preferable
Puno highlighted that a constitutional convention allows citizens to directly elect delegates tasked solely with reviewing and proposing amendments. This contrasts with a constituent assembly, where current members of Congress would debate and vote on changes alongside their regular legislative functions.
“A Constitutional Convention (ConCon) offers the most prudent, transparent, and participatory mechanism to address these enduring ambiguities. It allows the people, through their chosen delegates, to correct textual deficiencies, reconcile contradictions, remove ambiguities, institutionalize much-needed reform, and ensure that the foundational law of the land meets the needs of a dynamic and democratic society,” Puno said in his address.
He further noted that a ConCon maintains a singular focus on constitutional reform, unlike a constituent assembly where lawmakers juggle multiple responsibilities that could derail or delay the amendment process.
Economic Charter Change Initiatives
Under President Ferdinand Marcos Jr.’s administration, allies in the House of Representatives, including Speaker Ferdinand Martin Romualdez, have pushed for an economic charter change between late 2023 and mid-2024 during the 19th Congress.
Resolution of Both Houses (RBH) No. 7, proposing amendments to economic provisions in the Constitution, was adopted by the House. If ratified in a plebiscite, these changes would permit increased foreign ownership in certain industries.
However, the Senate stalled the measure due to concerns that the proposed amendments, if processed through a constituent assembly, might lead to the abolition of the Senate. This fear stems from the fact that a constituent assembly involves both chambers sitting jointly, allowing the larger House to outvote the Senate.
Ambiguities in the 1987 Constitution
Puno traced these issues to vague constitutional wording that seemingly assumes a unicameral legislature, despite the Philippines having a bicameral Congress. He pointed to Article VI, Section 28, paragraph 4, which states that “no law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.”
“This has led to interpretive confusion over whether Congress acts as a joint body or in separate chambers,” he explained. “The wording also appears to presume a unicameral legislature, despite the fact that the Philippines has a bicameral Congress. This has implications not only for how tax exemption laws are passed, but also for determining quorum and voting thresholds in key fiscal decisions.”
Such ambiguities have caused institutional confusion in the past, notably during the amnesty granted by former President Benigno Aquino III to members of the Magdalo group, including former Senator Antonio Trillanes IV. Disputes arose over whether Senate concurrence alone was sufficient or if both chambers needed to agree.
The issue resurfaced when former President Rodrigo Duterte attempted to revoke Trillanes’ amnesty, highlighting the need for clearer constitutional language.
Addressing Constitutional Wording Challenges
“All these provisions exemplify the high costs of ambiguous constitutional wording. Left uncorrected, they generate procedural impasses, facilitate inconsistent enforcement, and ultimately degrade the Constitution’s reliability as the supreme law of the land,” Puno emphasized.
He believes that pursuing amendments through a constitutional convention will avoid conflicts of interest, ensure broader representation, and reduce political expediency risks.
“Through a ConCon, conflict of interest would be avoided, broader representation guaranteed, and risk of political expediency is reduced,” he stated. “Once again Mr. Speaker, this is not a call to discard the Constitution. It is a call to complete and correct it.”
Current Developments in Constitutional Amendments
For the 20th Congress, House leadership has remained silent on the prospects of charter change. Still, on July 15, Ako Bicol party-list Representative Alfredo Garbin filed Resolution of Both Houses No. 1 to amend provisions on national territory and the economy.
Garbin said his proposal closely resembles those approved by the 18th and 19th Congresses, except for modifications to territorial provisions. He aims to incorporate the 2016 Permanent Court of Arbitration ruling affirming the Philippines’ exclusive rights over its waters.
Both Garbin and Manila 6th District Representative Bienvenido Abante Jr. are optimistic there is ample time within the current administration’s term to address charter change proposals.
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