Bill eyes calling constitutional convention by December 2023

Camarines Sur Rep. Luis Raymund Villafuerte Jr. (File photo by /NIÑO JESUS ORBETA / Philippine Daily Inquirer)

MANILA, Philippines — A House bill filed on Monday by Camarines Sur 1st District Rep. Luis Raymund Villafuerte Jr. proposes calling a constitutional convention by December 2023 to amend the Constitution.

According to Villafuerte, the goal of House Bill No. 4926 is to introduce political and economic reforms that would help the country be at par with other countries.

“The Philippines has won international investment-grade ratings and acclaimed as a rising economic star in recent years, but such accolades have not attracted the impressive level of foreign direct investments (FDIs) going to, say, Vietnam or Thailand, because of the restrictive constitutional provisions that limit foreigners to a maximum 40% participation in certain local businesses that are attractive to foreign investors,” Villafuerte said.

“Filipinos, meanwhile, take severe punishment from corruption, high prices, inequitable distribution of income, and a lopsided playing field when it comes to foreign investments.  Thus, while it is a given that the present Charter needs to go through the process of revision, this should be done with much deliberation and in a transparent and trustworthy atmosphere,” he added.

Under bill, the constitutional convention will be composed of elected members, one from each of the country’s 243 legistlative districts.

The election of those members will be held either at the same time as the next barangay and Sangguniang Kabataan elections, which Congress intends to reschedule to December 2023, or at the same time as the midterm elections on May 12, 2025.

Because its members would be chosen by the people themselves, a constitutional convention would be best for the country, Villafuerte said.

The bill proposes this method because, as Villafuerte points out in the bill, it’s a “transparent process that ensures the participation by the nation at large.”

“In keeping with the sovereign mandate of the people, the new Constitution of the Republic of the Philippines should be truly reflective of the ideals and aspirations of the Filipino nation, and not of a select few,” Villafuerte said.

Another way of amending the Constitution is through a constitutional assembly. This is considered cheaper because there would be no need to spend for elections to pick its members.

The assembly would be composed of the current members of the Senate and the House of Representatives.

Legal experts often frown at the idea because it would not allow the people to freely pick whom they think would best represent their interests in amending the Constitution.

In his bill, Villafueret points out that a constitutional assembly would only “further polarize our people”  and “distract” senators and representatives from making laws, the task for which they were elected.

Another method of changing the Constitution is a people’s inititative or a plebiscite. But Villafuerte said this would only be good for making minor changes.

If House Bill No. 4926 becomes law, the Commission on Elections will create the implementing rules and regulations for the holding of the election of constitutional convention delegates.

No delegate will also be allowed to run for any public office or position in the first national and local elections that will be held after the Constitution has been amended.

There have been previous moves aimed at amending the Constitution.  During the previous administration of then President Rodrigo Duterte, there was a strong clamor for a shift to a federalist form of government. But several factors, among them the COVID-19 pandemic and the lack of time, prevented any progress in that direction.

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