Tinkering with the Constitution should always be the Senate’s last resort, Senator Grace Poe said on Thursday even as Senate President Vicente Sotto III said there might not be enough time for the senators to look into the proposed economic amendments to the 1987 Constitution.
Poe said It’s not a question of time stressing that until such time that the manner of voting—jointly or separately has been resolved, amendments to certain provisions of the Constitution would not materialize.
Poe also emphasized that you don’t just change the Constitution on a whim now that everyone is fearful of a creeping invasion in our shores.
“I am personally wary of a piecemeal revision of the Constitution. It is a living document which holds the aspirations of the people. It should only be revised under the strictest of scrutiny for the right reasons,” she said.
Sotto said that they only have five days left before Congress’ sine die adjournment.
“Anyway, the bills certified by the Palace as urgent have passed or are in advance stages in the Senate,” he added.
According to Poe, like any other measure, the resolutions will of course merit some debate in the Senate.
However, she believes that an economic cha-cha would probably deserve less attention given that we already have other foreign investment measures that are certified urgent.
The certified bills, she noted, will already address the current economic concerns but with much better safeguards.
She said the PSA Amendments will allow more foreign investments to come in to give better services to the public, subject to well-calibrated safeguards.
Poe said the amendments to the Foreign Investment Act will further relax restrictions under the Negative List, while the Retail Trade Liberalization Act which just passed the Senate lowered the paid-up capital to allow more businesses to come in and create more jobs.
“All of the gains of above measures can be had even without a cha-cha,” further atated Poe.
Senator Panfilo Lacson said the restrictive economic provisions in the 1987 Constitution are now being addressed in the two bills, relying heavily on existing jurisprudence which they are now trying to reconcile with the proposed amendments as contained in the said Senate bills.
Lacson said there is no compelling reason to amend the Charter without running afoul of the issue involving the manner of voting by the members of the two chambers of Congress – whether jointly or separately.
Senators assert that only the Supreme Court can interpret the provision to amend or revise the Charter, Lacson said.
“The problem is the absence of the cause of action that would trigger the Court to act and resolve the matter,” also said Lacson.
For her part, Senator Risa Hontiveros said that while she respects the House’s decision in approving the economic chacha on second reading, she cannot help but feel the inclination to micro-manage the entry of foreign investors, as if these were local franchise approvals.
“If that is truly the case, then that can’t possibly be good for the country’s investment climate,” said Hontiveros.