Lawmakers Address Changes to Constitution Economic and Territorial Provisions
MANILA, Philippines — Lawmakers have begun discussions focusing on changes to the Constitution economic and territorial provisions, emphasizing that only these areas are currently targeted for amendment. Ako Bicol party-list Rep. Alfredo Garbin clarified that while his Resolution of Both Houses (RBH) No. 1 aims solely at economic and territorial changes, other legislators might still propose political adjustments like term extensions and new term limits.
Garbin stressed that any political amendments would require a separate resolution. “They have to file another Resolution of Both Houses that incorporates amendments or proposes amendments to the political provision,” he noted. His RBH No. 1 specifically covers Articles I, XII, XIV, and XVI, leaving out political provisions entirely.
Public Concerns and the Ratification Process
Addressing public fears that charter change proposals often seek to extend politicians’ terms, Garbin reassured citizens by emphasizing the role of the people in approving constitutional amendments. “In a constituent assembly, we can propose anything but conclude nothing, because there’s always this twin requirement, which is the proposal and the ratification of the sovereign Filipino people,” he explained.
He added, “We lawmakers, given this constitutional duty and mandate, and power to propose amendments to the Constitution, we still recognize that the people are the ones who will approve the proposal.” This ensures that any proposed changes are subject to public approval through ratification.
Details of Proposed Amendments
Garbin’s RBH No. 1 seeks amendments to Article I (National Territory) to align with the United Nations Convention on the Law of the Sea (UNCLOS) and to include the 2016 Permanent Court of Arbitration (PCA) ruling. This ruling affirms the Philippines’ exclusive rights over its waters and invalidates China’s nine-dash line claim due to lack of legal and historical basis.
The resolution also proposes changes to Articles XII (National Economy and Patrimony), XIV (Education, Science, Technology, Arts, Culture, and Sports), and XVI (General Provisions). These amendments aim to expand the country’s business scope by encouraging foreign direct investment and granting Congress flexibility to legislate economic provisions as needed.
Comparison with Past Resolutions
RBH No. 1 closely resembles RBH No. 7, which the House approved in the 19th Congress, except for the addition of Article I. RBH No. 7 proposed inserting “unless otherwise provided by law” in sections governing ownership of educational institutions, public utilities, and advertising. This would allow Congress to determine foreign ownership limits in those sectors if ratified.
Garbin explained the importance of clarifying the resolution’s objectives to prevent misinformation and fearmongering often linked to charter change proposals. “What is usually highlighted regarding Cha-cha are the negative aspects, sometimes fear-mongering, including misinformation about politics, when RBH 1 specifically mentions amendments to Article I which is the National Territory,” he said.
He added, “How can this be against the public if we want to widen our country’s business scope by encouraging foreign direct investment to come in, and giving Congress the flexibility to legislate those economic provisions whenever there’s a need to amend the same?”
Looking Ahead: Political Amendments Require Separate Action
When asked if political amendments such as term extensions and removal of term limits would be considered when a constitutional convention or constituent assembly convenes, Garbin clarified that these matters require separate resolutions. “There is nothing to be worried about,” he said, citing that previous Congresses have only submitted economic-focused amendments without political provisions.
Local leaders also noted that there is sufficient time to discuss charter change proposals, given the groundwork laid by previous legislatures. Garbin and other lawmakers remain committed to thoroughly explaining the intentions behind these amendments to ensure public understanding and avoid unnecessary alarm.
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