Charter change

If both President Ferdinand Marcos Jr. and Speaker Martin Romualdez have indicated they are studying the option of amending the Constitution, particularly the provisions pertaining to the economy, is it a done deal?

Apparently not. There’s the Senate, for one, that appears reluctant to heed calls to amend the fundamental law.

President Juan Miguel Zubiri has said changing the 1987 Constitution would be an exercise in futility with most of the senators against it, for one reason or another.

The Senate President said it would be better for the government to just implement Republic Act No. 11659, which amends the Commonwealth-era Public Service Act.

The law, signed in March 2022 under the previous administration, removed the 40-percent restriction on foreign ownership of businesses in key investment areas such as railways, airports, airlines, seaports, and telecommunications.

“I believe we don’t need any amendment at this particular point,” Zubiri said.

“Truth to tell, the pulse of the senators is that it’s not time for us to discuss Charter change because we have to prioritize enticing more foreign investments and improving the ease of doing business,” he added.

But he may yet be convinced to toe the line. Marcos said recently that “my primary interest is to try and make our country an investment-friendly place.”

For his part, Speaker Martin Romualdez has stated the House would tackle Constitutional amendments next year, focusing on the economic provisions.

Proponents of revising the 987 Constitution contend that it contains economic provisions that restrict the entry of foreign investments into the country.

These provisions are contained in several sections of Article XII on National Economy and Patrimony, which regulate foreign ownership in the country, and Section 11 of Article XVI on General Provisions, which bars foreign interests in the mass media and limits it to 30 percent in any advertising enterprise.

If next year the House adopts a resolution that would open discussions on Charter change, it is likely to be approved by the chamber.

But Zubiri doubts if the Senate would be just as fast in coming up with a similar resolution as it would require at least three-fourths of the chamber or 18 senators.

He is certain many of his colleagues would oppose it, including the president’s sister, Sen. Imee Marcos.

Speaker Romualdez believes that senators may yet be willing to approve of Charter change if the people themselves, through a people’s initiative, will clamor for it.

After all, revising restrictive constitutional provisions would not only encourage more foreign direct investments, but also strengthen national sovereignty and territorial integrity.

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