The Philippine Long Distance Telephone Co. (PLDT) will be among the biggest beneficiaries of the latest efforts by congressional leaders to change the Constitution, according to militant party-list House members.
Amending the provision limiting foreign equity in corporations to 40 percent will allow PLDT chair Manuel V. Pangilinan to keep his foreign principal, the Salim Group of Indonesia, in control of the telecoms giant, which the Supreme Court had found in violation of the law, said Bayan Muna’s Teodoro Casiño and Akbayan’s Walden Bello.
“It will benefit all local business groups and individuals that front for foreign capital. If [Pangilinan] falls under this category, then he will benefit,” said Bello in a text message.
Casiño said the American, Chinese and other foreign business chambers are pushing for Cha-cha so that they can own land, mass media, schools and strategic utilities as well as own and exploit the national patrimony.
Following a legislative summit on Thursday, the Senate and House leadership agreed in principle to adopt a bicameral assembly to amend the Constitution, but the changes would be limited to the economic provisions, such as the provision placing the ratio of ownership of land and media to 60-percent Filipino to 40-percent foreign.
Drilon’s aggressive brokering
However, Casiño found fault with Sen. Franklin Drilon’s aggressive brokering between congressional leaders to agree to Charter change limited to economic provisions, raising questions about his real motive.
It was Drilon who presented to the summit a position paper proposing that Congress be convened into a bicameral constituent assembly to tackle economic amendments to the Constitution.
“I find it suspicious that those pushing for amendments to the Constitution’s economic provisions are identified with law firms retained by companies funded by foreign business interests who stand to gain from the total opening up of our economy and national patrimony,” said Casiño.
Drilon is a senior counsel of the ACCRA law firm that represents Pangilinan and PLDT.
Last June, the high tribunal found PLDT in violation of the 40 percent foreign equity provision. By its reckoning, the high tribunal said foreigners own 64.27 percent of PLDT with Filipinos in the minority at 35.73 percent.
Not a priority
Militant lawmakers are by no means the only ones wary of Drilon’s campaign to rewrite the Charter.
“Hundreds of laws already enacted have yet to see full implementation and here we go again pushing to rewrite more laws believing that when amendments are done, lo and behold, change will come next,” said Sen. Francis Pangilinan, Drilon’s colleague in the ruling Liberal Party.
“Cha-cha should not be the priority of Congress… It isn’t the Constitution per se but our collective failure to implement the fundamental law and all other laws in full that is the problem,” he said.
Sen. Joker Arroyo warned that there was no guarantee that lawmakers will limit themselves to economic amendments.
Insert personal interests
Arroyo fears that legislators would go beyond bounds and insert amendments that would serve personal interests.
“Once Congress is converted into a constituent assembly, it will be autonomous, free as a bird. It can make its own rules, introduce any amendment and the only limitation is the conscience of legislators as sincere amenders of the Constitution. There lies the danger. Anything goes,” Arroyo warned.
Sen. Pia Cayetano said the chamber’s minority bloc was caught unaware when Senate and House leaders announced the plan to amend the Constitution at the summit as Cha-cha was not even on the original agenda.
Pros, cons
Sen. Francis Escudero suggested caution in considering which amendments must be prioritized while Sen. Loren Legarda said she would rather that Congress “focus on job creation, food and education.”
Escudero said that while he has “no objections to studying and discussing” proposed amendments, “I have yet to be convinced that this is needed at this time and should be a priority.”
But Sen. Panfilo Lacson welcomed the idea of amending economic provisions related to foreign investments to enable the Philippines to compete with other economies.
“The world has become very small with the advent of modern information technology. If we intend not to lag behind our neighbors and other developing countries as well, we should start re-thinking our policies on foreign investments,” he said in a text message.
Lukewarm Palace
Malacañang on Friday reiterated its position that there was no need to amend the Constitution, even if the changes would be limited to the economic provisions.
There is no need for Charter change to address the concerns of foreign investors—corruption, the processing system of business registration and leveling the playing field, said presidential spokesperson Edwin Lacierda.
However, Lacierda said President Aquino would take up the matter with his LP partymates and his congressional allies.
In a news conference on Friday, Drilon acknowledged that Malacañang was lukewarm to Charter change proposals.
“We intend to present this to the President to justify the need (to amend the Constitution). To me, more than any other time, this is the best time to propose amendments (when) the trust rating of the President is very high,” he explained.
“This is the best time to (examine the) economic provisions of this Constitution. When else do we do this? I do not want a situation where we do not act because we fear it will not succeed,” Drilon said.
Not done deal
The senator said leaders of Congress will meet for the second time after the session break in late October to discuss the “mechanics and procedures” to be followed.
“Our consensus is that we will only look at economic provisions and the leadership of both Houses will reject any amendment not involving economic provisions,” he added.
Senate President Juan Ponce Enrile earlier said he was open to amending the Constitution but added that changes should be limited only to economic provisions.
Pangilinan insisted that the announcement made by Enrile and House Speaker Feliciano Belmonte Jr. about agreeing to amend the Charter was not yet final.
“Until it is brought to plenary, debated and approved there is no official Senate position,” he said, adding that it was unfortunate that it was made to appear that Cha-cha was a done deal.
Right time
Some of the administration allies in the House still have to make up their minds about Charter change.
“We will still discuss and consult our members on the issue. Once we reach a consensus we will issue a party statement,” said Valenzuela Rep. Rex Gatchalian, spokesperson of the Nationalist People’s Coalition.
But Nueva Ecija Rep. Rodolfo Antonino of the National Unity Party said his party would come out with a single stand in support of Cha-cha.
“It is absolutely necessary as we cannot fully develop our country with the current restrictions or limitations in our Constitution. I hope that with the high trust rating of P-Noy our people can now accept that this is finally the right time,” said Antonino. With a report from Norman Bordadora