Senate to review, amend economic provisions of the 1987 Constitution – Zubiri

Senate President Juan Miguel “Migz” Zubiri on Monday filed a resolution seeking a review and amendment to the economic provisions of the 1987 Constitution.

In filing the Resolution of Both Houses No. 6, Zubiri said the move was to “avert the Constitutional crisis between the House of Representatives and the Senate.”

“[A]nd to make it clear that there were no other planned provisions or amendments on any other thing but purely economic in nature,” he told reporters in a chance interview.

“There would only be three topics to be discussed. It is very simple and very clear. We will do it to preserve the bicameralism of both the House of Representatives and the Senate,” he added.

The Senate chief filed the resolution amid the reported petition for people’s initiative to amend the 1987 Constitution purportedly by the House of Representatives.

The concurrent resolution, which was also signed by Senate President Pro Tempore Loren Legarda and Senator Juan Edgardo “Sonny” Angara, involves the review and amendment of the economic provisions in the constitution, particularly Articles 12, 14, and 16.

Section 11 of Article 12 pertains to the provision that limits foreign ownership of land and businesses to 40 percent, while the remaining 60 percent is set aside exclusively for Philippine citizens or corporations.

The resolution also sought the review of Paragraph 2, Section 4 of Article 14 which states that educational institutions, other than those established by religious groups and mission boards, “shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens.”

Meanwhile, Paragraph 2, Section 11 of Article 16 states that “the advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.”

Earlier, Zubiri said he had a meeting with President Ferdinand Marcos Jr. and Speaker Martin Romualdez to raise the senators’ concerns on the proposed amendment contained in the people’s initiative.

During his meeting with the president, he noted that the latter shared their sentiments on the petition, describing it as “too divisive.”

He also said that President Marcos has asked the Senate to instead take the lead in reviewing the economic provisions of the Constitution.

“The President agreed with us that the proposal was too divisive, and asked the Senate to instead take the lead in reviewing the economic provisions of the Constitution,” he said.

“In this way, we can preserve our bicameral nature of legislation,” he added.

‘Restrictive economic provisions’

Last week, several members of the House of Representatives called out the alleged distribution of pay-offs in various districts across the country in exchange for the public’s signatures for charter change via people’s initiative.

Over the weekend, Senator Imee Marcos claimed that the petition for people’s initiative includes a provision that would let the House of Representatives and the Senate vote jointly or separately to amend the Constitution.

Senator Marcos also claimed that the ongoing signature campaign for the people’s initiative aimed to be completed before the third State of the Nation Address of President Marcos on 22 July 2024.

Romualdez has yet to comment on the reported signature campaign for the people’s initiative which was being attributed to the lower chamber.

Last month, he bared the House of Representatives’ plan to amend the Constitution this year without the involvement of the Senate.

Romualdez noted that the renewed push for charter change will be focusing on removing the “restrictive” economic provisions in the current charter.

Last year, the House of Representatives approved House Bill 7352, which calls for a constitutional convention or con-con to amend the Constitution.

It, however, did not progress as the Senate declined to entertain such a move, stressing that the measure had no blessings from the Palace.

Likewise, Senator Robinhood Padilla’s call for charter change via constituent assembly or con-ass also suffered the same fate as his fellow senators remained cold on the measure.

Under Section 1 of Article 17 of the 1987 Constitution, the resolution states that any amendment to, or revision of, the Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention.

A revision to the current charter may be done through a people’s initiative upon a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein.