CHARTER CHANGE | Constitutional framer warns of possible corruption if economic provisions of charter get amended

January 27, 2021 , 08:32 PM

(January 27, 2021) – Corruption in government could worsen once lawmakers would be given powers to amend the economic provisions of the 1987 constitution, a legal expert warned on Wednesday as senators began deliberations on proposed changes.

Lawyer Christian Monsod, one of the framers of the 1987 Constitution, strongly opposed the moves to amend economic provisions of the charter as it could be “a new and bigger source of illicit money than the pork barrel.”

“The only issue on the table, they say, is a harmless insertion of one phrase,” Monsod said, referring to the phrase “unless otherwise provided by law” that lawmakers wanted to insert to liberalize the economy.

“Given our experience with corrupt legislators and greedy business on transactional legislation, are we willing to entrust our legislators with that kind of power, especially since there’s so much more money from rich foreign investors?”

Lawmakers from both chambers of Congress allied with President Rodrigo Duterte had filed resolutions to amend the constitution in a bid to cushion the economic impacts of the pandemic.

Senators and congressmen hoped to attract more foreign investors into the country by enacting legislations that would give them 100 percent control of businesses, particularly land ownership.

At least three resolutions related to charter change had been filed at the upper house, including the resolution initiated by Senators Ronald “Bato” Dela Rosa and Francis Tolentino last December proposing changes on democratic representation and economic provisions.

Speaker Lord Allan Velasco said the House had a similar measure in 2019, a working document in discussing the proposed charter amendments. But he insisted that the latest charter change move only wanted to help Filipinos recover from the pandemic.

Monsod doubted the legislators’ intention, saying this maybe a new attempt to acquire greater power and more money.

“RBH 2 is dangerous and devious because it is a wholesale transfer of power from the constitution to the Congress in determining the limitations of foreign ownership of land, natural resources, public utilities, media, advertising, and educational institutions,” Monsod said.

“Once the phrase is inserted the Constitutional provisions become meaningless and the door is open wider to corruption or transactional legislation at which corrupt politicians and greedy elite are very adept at doing,” Monsod said, highlighting that these recent moves would defeat the Filipino people in the long run.

Monsod urged lawmakers to focus on implementing the core principles of the constitution which the Philippine society has failed to implement since the charter was implemented some 30 years ago.

“Any changes in the constitution must be toward this vision, and the means must include the two compelling principles, namely, never again to any authoritarianism and the economy must safely and firmly be in the hands of Filipinos themselves,” Monsod said.

Another framer of the constitution, former Supreme Court justice Adolfo Azcuna, supported the economic Cha-Cha, but he emphasized the need to limit these amendments to flexible provisions in order to prevent compromising national patrimony.

“I submit, Mr. Chairman, that this is a wrong placement of the ‘unless otherwise provided by law’ because that means a law can provide that the nation’s marine wealth and archipelagic waters will no longer be provided by the state,” Azcuna said.

Many pro-administration senators supported the charter change move but the minority senators believed the proposal is ill-timed especially when thousands of families are still reeling from the impact of the COVID-19 pandemic.

Risa Hontiveros said there are more pressing issues that should be prioritized instead of railroading amendments to the constitution.

Kinuwestyon ni Sen. Risa Hontiveros ang urgency ng pag-amyenda sa konstitusyon at tinawag na “ill-timed” ang pagsusulong ng Charter Change sa gitna ng pandemya.

Posted by News5 on Wednesday, January 27, 2021

“Hindi ba dapat, sa ngayon, ay pagtuunan natin (ng pansin na) mas palakasin pa ang domestic trade, siguraduhing may sapat na suplay ng pagkain, suportahan ang mga magsasaka, bigyan ng kabuhayan ang mga nawalan ng trabaho kung ang tunay na layunin ay makabangon ang ekonomiya ng bansa,” Hontiveros said.

“Hindi pwedeng umiindak tayo sa Cha-cha habang marami ang napipilay sa taas ng presyo ng bilihin, nawawalan ng trabaho, at nagsasara ang mga negosyo.”

Richard Gordon, who had filed a measure for charter change before, did not support the latest moves because of the country’s situation at present.

“When we start doing it at the latter part of the term of any president, it becomes subject to question and scrutiny as to the real purpose of amending the Constitution,” Gordon said, adding: “we need to focus on many things that we need to do, not just the pandemic.”

(with reports from Marianne Enriquez, News 5; Beatrice Puente/MM)

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