MANILA (UPDATE) — The Senate Committee on Constitutional Amendments and Revision of Codes led by Sen. Robin Padilla held its first out-of-town hearing on Thursday in Davao City, giving local leaders and businessmen the opportunity to participate in the contentious discussion of amending the country's constitution.

"Ang usapin natin ay hindi lamang po sumusentro sa Kamaynilaan... Kaya naman po ang ating pagdinig ngayong araw na ito ay isang pahayag sa taumbayan na kasali sila sa usaping ito. Kayo po ang sentro ng ating talakayan," Padilla said.

(Our discussion is not just centered on Metro Manila. That's why our message to the public today is that they are involved in this issue. You are the center of our discussion.)

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Padilla went ahead with the hearing even after President Ferdinand Marcos, Jr. said amending the Constitution was not a priority of his administration.

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The first-time lawmaker explained that his push for charter change (cha-cha) was driven by the country's inability to attract foreign investments due to restrictive economic provisions.

"Base po sa Foreign Direct Investment (FDI) Attractiveness Scorecard noong 2020, ang Pilipinas ay nasa dulo. Tayo po ay 13th sa 14 na ekonomiya sa Asia-Pacific," Padilla said.

The senator insisted that liberating the economy would not equate to being a "traitor" to local businesses.

"May nagsasabi nagtraydor ako sa bayan dahil papapasukin ang dayuhan. Hindi po. Minabuti natin unahin ang economic provision dahil ito ang maaaring agarang makatulong sa mamamayan pagdating sa usaping kawalan ng trabaho, kagutuman at kahirapan," he explained.

(Some say I am betraying the country because foreigners will be allowed in. No. We just opted to prioritize the economic provision because this will immediately help the public when it comes to the issues of joblessness, hunger, and poverty.)

LOCAL PERSPECTIVE

During the hearing, Padilla sought insights from local business leaders on how his proposed amendments to the Constitution could contribute to the growth of the region, which falls behind in investments due to perceived conflicts.

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According to Kristine Quibod-Lumanag of Mindanao Development Authority (MinDA), the 1987 Constitution's economic provisions have always been a "concern" for foreigners interested to invest in the region.

"Whenever we enter into agreement or partnerships with these corporations, madalas po tinatanong 'yung mga ganon but we still reply that that is the constitution and we are bound to that... Concern nila 'yung restrictions 'yung madalas po that's why nahihirapan silang pumasok," she said.

"Compared to local investors po, very low ang sa foreign investments when it comes to Mindanao," the official added.

(Whenever we enter into agreement or partnerships with these corporations, they often ask about that, but we still reply that that is the constitution and we are bound to that. They are concerned with the restrictions which make find it difficult for them to come in. Compared to local investors, foreign investments are very low when it comes to Mindanao.)

However, MinDA as a government agency has yet to declare its position on Padilla's cha-cha proposals.

"MinDA affirms its support for policies and laws that will enhance the socioeconomic development of Mindanao... We will also look into the impact of those proposed amendments vis a vis 'yung mga recent laws passed," Quibod-Lumanag said.

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Meanwhile, Julian Payne, president of Canadian Chamber of Commerce of the Philippines, praised Padilla's initiative to engage with Mindanao leaders.

"No region in the country needs more foreign direct investment than Mindanao. It’s very symbolic that you had your first outside meeting here in Mindanao," said Payne.

Payne said he speaks in behalf of all the 7 foreign business chambers in the Philippines, and their suggestion is to remove all economic provisions in the constitution.

"These chambers represent over 3,000 companies in the Philippines, they cover about $300 billion worth of trade and $30 billion worth of FDI when you combine them all," he said.

"Our position is quite simple, we believe in fact that the best position would be to delete the economic provisions, all of them, from the Constitution and reset this in laws approved by the Congress," Payne added.

Davao Chamber of Commerce president John Carlo Tria also backed Padilla's proposals, which he said would dismantle monopolies in the region.

"Aming hangarin ang stable at malakas na ekonomiya lalo na sa harap ng mga pagsubok na ating kinakaharap. Dahil dito, in principle, naniniwala po kami na ang pagluluwag ng ganitong mga restrictions ay lubos na makakapagparami ng investors dito sa Davao," he said.

(We desire a stable and strong economy, especially in the face of the challenges we are facing. Because of this, we believe that easing these restrictions would increase investors here in Davao.)

But for John Gaisano, Jr., a board member of the Davao Chamber of Commerce, Padilla's proposals must be more "focused" so as not to affect the livelihood of small local enterprises.

"The way our discussion is going is as if it's all or nothing. It's either you remove or you make it easier for the foreigner to invest... Small, micro, and medium-scaled business compose 99 percent of the total businessmen in the Philippines. Are we going to compromise our people for them to enter? No. But do we need FDI, yes," Gaisano said.

"Which one do you want to focus on? We have to choose the industry that will not compromise our people, cost of living, and security of our country. Hindi puwede lahatan (we cannot go for everything). That would be dangerous," he added.

PREFERRED MODE

Meanwhile, Padilla was opposed by his political party PDP-Laban in terms of their preferred mode of charter change.

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While Padilla pushes for a Constituent Assembly, PDP-Laban is advocating for a Constitutional Convention.

“Around 80 percent of the members of Congress belongs to political dynasties, and there is empirical evidence that suggests that most of those who will now comprise the Con-Ass will have conflicted interest,” said Astravel Naik, Padilla's party mate.

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National Economic Development Authority (NEDA) Undersecretary Krystal Lyn Uy said amending the Constitution via Con-Con would likely cost the government around P28 billion.

The expenses, however, can be reduced to P331 million if the election of delegates will coincide with the national elections, Uy said.

Eula Pertubos-Arias of the Jose Maria College of Law also vouched for Con-Con as the mode of amending the Constitution.

“In a Constitutional Convention, we have the participation of the people. Whereas, when we say Con-Ass, the Constituent Assembly, it’s just the Congress. And for me, the amendment, the process proposing amendments to the Constitution, it will be a big part of our history. So, from the very onset, we have to make it right, we have to have people’s participation in proposing amendments,” Pertubos-Arias said.

—With a report from Sherrie Ann Torres, ABS-CBN News

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