Drilon bats for Con-con
OUTGOING Senate President Franklin Drilon is calling for a constitutional convention to determine if the present Constitution is still attuned or responsive to the demands of today’s realities. He is still undecided on the issue of federalism. INQUIRER PHOTO
MOVES to amend the 29-year-old Constitution are gaining momentum even before the 17th Congress opens later this month, with outgoing Senate President Franklin Drilon filing a resolution calling for a constitutional convention (Con-con).
Attempts to tinker with the basic law of the land have been made in every administration after that of President Corazon Aquino; all failed.
This time the efforts may yet succeed, as President Duterte himself supports amendments to the Constitution and has a “supermajority” coalition in Congress.
Unlike a new resolution in the House of Representatives that specifically seeks amendments to the Charter to pave the way for a shift to a federal form of government, Drilon’s resolution is silent on the issue.
The new administration is hoping to achieve a federal form of government within the President’s six-year term.
Mr. Duterte also wants to lift restrictive foreign investment laws as part of his eight-point economic plan.
The Constitution limits foreign ownership to not more than 40 percent of certain businesses, including those requiring franchises granted by Congress, such as aviation and telecommunications.
Foreigners also may not own land, though they can enter into long-term leases.
Drilon’s resolution said the review of the 1987 Constitution was needed “to determine if it is still attuned or responsive to the demands of present-day realities.”
“Whereas, the common good would be best served if the review of, and proposals to amend or revise, the Constitution would be made through and by a constitutional convention whose delegates are to be elected by the people for such purpose,” the resolution said.
Con-ass
The House resolution, filed by Negros Occidental Rep. Alfredo Benitez, called on the House and the Senate to sit as a constituent assembly (Con-ass) to introduce amendments to the Constitution that would allow the country to become a federation of states.
Benitez said a federal system would allow local governments to become autonomous and to decide their economic policies.
A counterpart bill is expected to be filed in the Senate. Sen. Aquilino Pimentel III said in a text message on Sunday that he would file a resolution proposing Charter revisions that would allow a shift to the federal form of government.
As of press time, Pimentel had not said whether he would propose a Con-con or a Con-ass.
In a separate text message, Drilon said his resolution did not seek to pave the way for federalism.
“It just calls for a Con-con to propose revisions/amendments to the 1987 Constitution. The form of government—presidential, parliamentary, federal, etc.—will be determined by the delegates to the Con-con,” he said.
He said the power of the Con-con was “plenary and it can review the entire Constitution, not only the form of government.”
Asked whether he favored federalism, Drilon said “I have not decided.” He was still studying it, he said.
Besides Con-con and Con-ass, a people’s initiative is another mode of amending the Constitution.
Proponents must collect signatures of at least 12 percent of the total number of registered voters, of which every legislative district must be represented by at least 3 percent of its registered voters.
Con-ass is less costly and faster than a Con-con or a people’s initiative, Benitez said. In Con-con, the amendments drafted by the delegates must be approved by the people in a referendum.
In his resolution, Drilon proposed the procedures in going about the review of the Constitution. He said delegates to the Con-con should be elected on the second Monday of May 2017.
Congress may call a Con-con by a vote of two-thirds of all its members, with the Senate and the House voting separately.
Elected by region
Drilon said the delegates would be elected per administrative region and their number per region would be based on the number of its legislative districts.
Barred from running for Con-con delegates are members of Congress “at the time of the adoption of this resolution” and those who filed his or her candidacy in the May 9 elections.
Those holding appointive positions or office, including members of the Armed Forces of the Philippines and officers and employees of state corporations, should resign upon the filing of their certificate of candidacy for the Con-con elections.
Drilon said Con-con candidates could not represent a political party or any other organization. Organizations cannot nominate or give aid to a candidate.
Also not allowed to intervene in the nomination of candidates are the President, Vice President, members of Congress, and the heads of any executive department, bureau or office.
Delegates to the Con-con would receive the same salaries as those of members of the House of Representatives.
Drilon proposed that the convention start its first working day in September 2017.
Attempts to amend the Charter have been made since the administration of President Fidel V. Ramos.
FVR’s Pirma
In 1997, the People’s Initiative for Reform Modernization and Action (Pirma) pushed for Charter change by way of a signature campaign or people’s initiative.
It sought a shift to a parliamentary system of government and the lifting of term limits on elected officials, including Ramos.
The opposition accused Ramos of being behind the campaign, but he denied any role in it.
The Pirma initiative was shot down by the Supreme Court, with eight justices saying there was no enabling law for it and six others saying the group’s petition was defective.
Former President Joseph Estrada also pushed for Charter change, which he called Concord, or Constitutional Correction for Development.
Estrada proposed to allow foreigners to own land, public utilities and media outfits. It was met with strong opposition from the Catholic Church and other sectors, leading him to shelve the proposal in January 2000.
For her part, President Gloria Macapagal-Arroyo created a Consultative Commission that recommended a unicameral parliamentary form of government, decentralization of the national government and more powers to local government units.
GMA’s Sigaw ng Bayan
A people’s initiative called Sigaw ng Bayan was also launched during her administration, but this was rejected by the Supreme Court in October 2006, citing its failure to comply with the basic requirement that the “initiative must be directly proposed by the people.”
Voting 8-7, the high court noted that the proponents did not show the people the full text of the proposed amendments before asking them to sign the “signature sheet.”
Two months later, then Speaker Jose de Venecia Jr. began moves to convene the House of Representatives into a constituent assembly. It was met with protests that prompted Arroyo to withdraw her support, saying, “Philippine democracy will always find the proper time and opportunity for Charter reform at a time when the people deem it ripe and needful and in the manner they deem proper.”
In November 2008, then Sen. Aquilino Pimentel Jr. drafted Senate Resolution No. 10, convening Congress into a constituent assembly to establish a federal system of government. Though backed by 16 senators, it never took off.
In September 2011, then Senate President Juan Ponce Enrile and Speaker Feliciano Belmonte Jr. concurred with the proposal of Drilon to have both chambers vote separately on bills involving Charter change, which would touch only on economic provisions.
But then President Benigno Aquino III reiterated his position that constitutional amendments were not a priority of his administration. With Inquirer Research
