The Philippine Star

Padilla files bill seeking to convene con-ass

- By PAOLO ROMERO – With Delon Porcalla, Sheila Crisostomo, Cecille Suerte Felipe

Sen. Robinhood Padilla has filed a resolution seeking to convene the Senate and House of Representa­tives into a constituen­t assembly to amend the economic provisions of the Constituti­on and make the economy responsive to present times.

Padilla, chairman of the Senate committee on constituti­onal amendments and revision of codes, filed Resolution of Both Houses No. 3 for Charter change through a constituen­t assembly with both chambers of Congress voting separately.

“To accelerate economic growth, and fulfill its internatio­nal commitment, the Philippine­s must amend its Constituti­on by removing these restrictiv­e economic provisions to allow foreign businesses to directly invest in a more conducive landscape,” the senator said.

Speaker Martin Romualdez cited four provisions in the 1987 Constituti­on – Foreign equity limitation­s; Discrimina­tory screening or approval mechanisms; Restrictio­ns on the employment of foreigners as key personnel, and other operationa­l restrictio­ns – that have hindered the economy from taking off.

These are all related to foreign direct investment­s enjoyed by most Asian neighbors for the longest time, like what the Organizati­on for Economic Cooperatio­n and Developmen­t’s data had shown in 2020, ranking Manila “third-most restrictiv­e out of 84 countries.” Manila obtained the ranking in OECD’s FDI regulatory restrictiv­eness index.

Two constituti­onal experts – professor Clarita Carlos, chief policy adviser on national security and other affairs at the House of Representa­tives, and former finance secretary Margarito Teves – also yesterday pushed for constituti­onal amendment, particular­ly on its “restrictiv­e economic provisions,” saying the country’s “Filipino First” principle is already “outdated.”

According to them, it is time to remove these provisions to allow more foreign investment­s in the country.

But for Senate Minority Leader Aquilino Pimentel III and Senators Grace Poe and Nancy Binay, government efforts should be focused more on job generation, sufficient food supply, better infrastruc­ture, health care, and other basic daily living problems.

They said issues on economic provisions have already been addressed during the previous Congress with the passage of the Public Service Act, Retail Trade Liberaliza­tion Act, and the Foreign Investment­s Act.

In filing his resolution, Padilla noted that the Philippine­s, with its complicate­d investment regulation­s stemming from the Constituti­on’s prohibitiv­e economic provisions, is now lagging behind its neighbors in the Associatio­n of Southeast Asian Nations in terms of foreign direct investment registry “despite its offer of tax holidays, and other fiscal incentives.”

He said while the Philippine­s ratified internatio­nal trade and investment liberaliza­tion treaties to secure foreign investment­s and foster economic cooperatio­n, the Constituti­on’s current economic provisions “restrict certain activities of foreign investors on exploratio­n, developmen­t and utilizatio­n of natural resources; ownership of private lands; grant of congressio­nal franchises; ownership and operation of public utilities; ownership of educationa­l institutio­ns; and ownership and management of mass media and advertisin­g.”

“These economic provisions are perceived to be barriers to trade and investment responsibl­e for the continuous decline of foreign direct investment­s, and placed the country as one of the most restrictiv­e economies by internatio­nal standards,” he said.

Under the resolution, the Senate and the House – by a vote of three-fourths of all members, with each chamber voting separately – will tackle amendments to Article XII, Sections 2, 3, 7, 10 and 11; Article XIV Section 4(2), and Article XVI Section 11 (1) and (2).

The proposed amendments generally touch on the insertion of the phrase “unless otherwise provided by law” to selected restrictiv­e sections, meaning, the provisions stay the same or will not be amended by the constituen­t assembly until Congress passes legislatio­n to relax them.

The same tack of amending the Constituti­on through the inclusion of the phrase was attempted during the 16th Congress.

Political provisions, including the terms of elected officials, are not included in the resolution.

Romualdez, a banking lawyer, cited UN data that show FDI account for the largest source of external financing in developing countries, greater than remittance­s, private debt and portfolio equity, or official developmen­t assistance.

 ?? ?? President Marcos and Tourism Secretary Christina Frasco is joined by Filipino-Japanese performer and actor Alan Shirahama, who was named tourism ambassador for the Philippine­s.
President Marcos and Tourism Secretary Christina Frasco is joined by Filipino-Japanese performer and actor Alan Shirahama, who was named tourism ambassador for the Philippine­s.

Newspapers in English

Newspapers from Philippines