Davide warns vs easing economic restrictions

FORMER chief justice Hilario Davide Jr. warned that relaxing the economic restrictions to attract foreign investors would transform Congress into a lobby for foreign or local businessmen.

“I repeat what I had been asserting before that relaxing the Filipino citizenship requirements in economic provisions in the country would easily convert our Congress into a market of lobbyists [for foreign countries or businessmen] to obtain [Charter] amendments in their favor,” Davide said at the Senate hearing on Monday.

Former chief justice Hilario Davide Jr. shares his thoughts on Charter change. PHOTO BY J. GERARD SEGUIA

“Congress would cease to be a free market: noble, nationalistic, patriotic, ideals and ideas. Remember that the Senate is the conscience of the Republic,” he said.

Retired justice Vicente Mendoza, one of the resource persons invited by the chamber, proposed that the Senate and the House of Representatives sit as one body in amending the Constitution.

“Beyond this debate of construing the silence of the Constitution, there is some benefit if the two Houses come together. They can exchange views regardless of their status as senators or congressmen,” Mendoza said.

The Constitution “contemplates that they are not senators or congressmen — they are members of a constituent assembly — isang (only just one) body lamang,” Mendoza said.

“So, the benefit of exchange is there, which you cannot have if you leave this policymaking to Congress by law, because one house will be acting here [in the Senate] and the other will be acting there in Quezon City. You will not have the benefit of exchange of views,” Mendoza said.

Another former magistrate, Adolfo Azcuna, said Resolution of Both Houses (RBH) 6 should not change the wording of the Constitution. He suggested to just add the phrase “unless otherwise provided by law.”

Former chairman of the Commission on Elections (Comelec) Christian Monsod said there was “no mention” of any Charter change in the Philippine Development Plan 2023-2028 to attain the government’s economic goals and programs.

“Clearly, there is no need or requirement for Charter changes in the Philippine Development Plan and the investment pledges to the government. There is nothing special about them that will address this so-called problem of restrictions against foreign direct investments,” Monsod said.

Sen. Maria Josefa Imelda “Imee” Marcos said foreign investors and locators have not mentioned any need to change the Constitution in her almost daily contact with them.

Sen. Juan Edgardo “Sonny” Angara is skeptical that amending the Constitution to dial down restrictions on foreign ownership would lead to an economic miracle.

The Senate Subcommittee on Constitutional Amendments and Revision of Codes, which Angara chairs, began on Monday deliberations on RBH 6, which proposes to ease constitutional limits on foreign ownership in public services, education and the advertising industry.

Angara also made it clear that RBH 6 was not meant to limit the terms of elected officials.

“By all means, let’s explore the possibilities. But that is not a miracle that after amending the Constitution investors would suddenly knock [on our doors],” he said in English and Filipino.

Angara said there were “typical barriers” to foreign investment that must be addressed, including the high cost of doing business, red tape and the quality of the country’s infrastructure.

He clarified that Republic Act 11659, which amended the Public Service Act and signed by President Rodrigo Duterte, already addresses the supposed barriers in public services that were identified by Charter-change proponents.

Angara said he would ensure that “any proposal to change even a part (of the Constitution) should be studied in a rigorous and exhaustive matter.”