Solons wants key phrase retained in constitutional amendments
MANILA, Philippines — The phrase “unless otherwise provided by law” which is used in proposals to amend the 1987 Constitution’s economic provisions should stay since it may be difficult to set things in stone, a member of the House of Representatives said on Tuesday.
PBA party-list Rep. Migs Nograles said she values the opinion of retired chief justice Reynato Puno — who said on Monday, at the hearing of the House committee of the whole on Resolution of Both Houses No. 7 — that the phrase should be dropped to avoid possible questions on constitutionality.
With restrictions on amending the constitution, however, it may be hard for new administrations to adjust the rate of foreign ownership if the phrase is dropped.
“And with regards to what CJ said, of course, we value, we respect his opinion, and we will look into it. But me personally, this phrase ‘unless otherwise provided by law’ will give it (Constitution) flexibility. The Constitution is about 37 years old and now we are looking at giving restrictive provisions some flexibility for the next few congresses and administrations,” Nograles said.
“We do not know what will happen now, in 10 years, in 20 years, in 30 years. And in any amendment of the Constitution you have a five-year period before you can do another amendment,” she added.
Puno, during the hearing, said that instead of putting the phrase “unless otherwise provided by law,” the provisions that the House and the Senate seek amendments to should be repealed instead.
Under RBH No. 7 and the Senate’s RBH No. 6 — which the House version was mirrored from — three parts of the 1987 Constitution would be amended by inserting the phrase ‘unless provided by law’:
- Section 11 of Article XII (National Patrimony and Economy), where the phrase “unless otherwise provided by law” is inserted in the provision that bars foreign ownership of a public utility except in a case where 60 percent of the total capital belongs to Filipino citizens
- Section 4 of Article XIV (Education, Science, and Technology, Arts, Culture, and Sports) where the phrase “unless otherwise provided by law” is inserted in the provision that bars foreign ownership of basic educational institutions except in a case where 60 percent of the total capital belongs to Filipino citizens.
- Section 11 of Article XVI (General Provisions), where the phrase “unless otherwise provided by law” is inserted in two portions: first, the provision that bars foreign ownership in the advertising industry except in a case where 70 percent of the total capital belongs to Filipino citizens; and in the provision that limits foreign investors participation in entities to how much their capital share is
“Just repeal these three restrictive provisions of the Constitution, which we want to be out. In addition, you just repeal Article II Section 19 of the 1987 Constitution, which states, ‘the state shall develop a self-reliant and independent national economy effectively controlled by Filipinos’. Include that in the repeal,” Puno said.
