Federalism in play as bills set charter agenda
MOVES to overhaul the 1987 Constitution continued in Congress, with key legislators signaling their intent to assemble a body to review the charter, broaden foreign ownership in the economy, and reorganize the government along federal lines.
Senator Franklin M. Drilon filed Resolution of Both Houses No.1 (RBH1) urging a Constitutional Convention (Con-Con) to review the Constitution’s economic provisions, but left the agenda open to the drafters.
“All that I have put on the table for discussion and passage is a proposed Constitutional Convention. What will happen in the Con- Con is something that is beyond the control of anyone,” Mr. Drilon explained in a news conference.
Outgoing Speaker Feliciano R. Belmonte, Jr., meanwhile, refiled his RBH1, which inserts the clause “unless provided by law” in restrictions on foreign participation, thus opening up the possibility of foreign entry by Act of Congress. He favors making the necessary changes via a Constituent Assembly.
Earlier, Davao del Norte Rep. and incoming Speaker Pantaleon D. Alvarez put forward House Concurrent Resolution No. 1 calling for a Constitutional Convention to shift to a federal structure of government, which was filed hours after President Rodrigo R. Duterte’s inauguration last week.
Presidential Spokesperson Ernesto C. Abella on Monday confirmed that Mr. Duterte considers amendments to the Constitution to be among his priorities.
“It’s definitely part of [ the President’s] priorities. I don’t know exactly how high it is. But it’s one of his considerations,” Mr. Abella said. The president prefers the Convention route to amending the charter, he said.
The issue of whether a Constitutional Convention of popularly-elected drafters will make the changes to the charter, and what form that body may take, remains up in the air, particularly after some support emerged for a Constituent Assembly, which involves the participation of Congress.
Negros Occidental Rep. Alfredo B. Benitez (3rd district) filed a joint resolution seeking to convene both chambers of Congress into a Constituent Assembly.
An Assembly “is the most expeditious and less costly” compared to other forms of charter change, Mr. Benitez said in a statement. The third method of amending the Constitution is by People’s Initiative.
Mr. Benitez said that under the Constituent Assembly, “Congress will create a ‘Council of Elders’ to serve as experts providing inputs to Congress in drafting the revisions.”
“The Council of Elders shall be composed of not less than 10 members from different sectors including but not limited to religious, nongovernment organizations, urban poor, business, academe, and former justices,” the statement read.
Mr. Benitez said it would be easier to make amendments like the planned shift to federalism, the provision of more autonomy and empowerment to local government, ensuring less restrictive economic policies under this way.
Other key legislators backed a convention, including former President and now Pampanga Rep. Gloria Macapagal- Arroyo and Surigao del Sur Rep. Prospero Pichay, Jr., with their House resolution pushing for a format of 12 senators, 12 members of the House of Representatives, and 24 delegates to be appointed by the President from various sectors.
The resolution also states that the delegates from both houses of Congress are not deemed to have vacated their seats.
The Arroyo- Pichay proposal requires the Convention to submit to the President the revised Constitution 120 days after the first session. The President then sets a date for a plebiscite.
The former president also filed House Bill 486, providing for a Convention budget of P700 million.
House Bill 312 of Cebu City Rep. Gwendolyn Garcia ( 3rd district) calls for a Constitutional Convention of 107 delegates, whose individual qualifications are identical to those required of a member of the House of Representatives. It sets the election of delegates for the second Monday of January 2017.
Her version calls for funding of P300 million for the election of delegates and P500 million for the operations of the Convention.
Mr. Drilon’s preferred Convention format disqualifies all aspirants for legislative positions in 2016, including winning members of Congress.
“No member of Congress, no candidate in the 2016 elections, whether you were a candidate or a nominee of a party-list… cannot be a delegate. We also included an anti-dynasty provision, meaning relatives of politicians, cannot be candidates. So we will make it — to the extent that we can — free of political pressure so that it can be really said that this is a Constitutional Convention of the people,” Mr. Drilon said.