Constitutional convention bill filed in House

AP file photo

MANILA, Philippines—An opposition lawmaker has filed a bill in the House of Representatives calling for a constitutional convention “to update the three-decade-old Constitution in a holistic and comprehensive manner.”

Under House Bill 5070, Quezon Representative Aleta Suarez proposes that the election of delegates to the convention be held on the second Monday of May 2016, and the delegates commence sessions at the House of Representatives on the first Monday of July of that year.

The bill does not say how the two large deliberative bodies would share the same facilities.

“One Constitutional issue being questioned is the viability of present economic provisions, which experts claim have been limiting our opportunities to realize the nation’s potential as an economic powerhouse,” Suarez said in an explanatory note.

HB 5070 provides that the Convention delegates be composed of members to be elected from every legislative district of the Philippines.

“Since the time the 1987 Constitution took effect, economic and political winds have changed, which makes some of its provisions anachronistic or even outright economically not viable,” Suarez said.

The author cited a related measure, Resolution No. 01 authored by Speaker Feliciano Belmonte Jr., which seeks to relax the restrictive economic provisions of the Constitution.

The Speaker’s constitutional initiative does not require outright amendments to the economic provisions of the Charter but a matter of adding the phrase “unless otherwise provided by law” to the relevant provisions, thus paving the way for the enactment of laws allowing changes.

Belmonte said this would serve as a key to any legislation demanded by the national interest.

“Notice that our mining industry is still on hold and has stagnated in the last four years due to the absence of a clear and consistent policy due to constitutional questions,” Suarez said.

Suarez said another issue that “demands a review vis-à-vis the Constitution” was the proposed Bangsamoro Basic Law, some of whose provisions are thought to be contravening the Charter.

The bill also provides that the amendments to, or revision of, the Constitution, as proposed by the convention shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held simultaneously with the May 2019 national elections.

The bill has been referred to the House committee on constitutional amendments chaired by Davao City Rep. Mylene Garcia-Albano.

The 1987 Constitution may be amended three ways: via constitutional convention, constituent assembly, or people’s initiative. But any amendment will need to be ratified by the people through a plebiscite.