MANILA — Legal experts appeared before a Senate panel on Monday to discuss revisions to economic provisions in the 1987 Constitution proposed in Resolution of Both Houses No. 6.

Apart from whether changes to the 1987 Constitution are needed at all, the experts also gave the Senate advice on how those changes could be done.

Senate employees reject Charter change

In his opening speech, former Chief Justice Hilario Davide underlined his position that what is needed in the Philippines is not an amendment of the Constitution, but a change on how the government perform and serve the people.

"If at all there is a need to amend the Constitution, it must be based on the most compelling grounds or reasons,” the retired Chief Justice said.

Constitutionalist Christian Monsod said that investors shy away from the Philippines not because of the Constitution but because of corruption.

Instead of touching the economic provisions of the 1987 Constitution, lawmakers should instead prioritize passing an enabling law for the ban on political dynasties, he said.

EXPLAINER: The Senate's economic Cha-cha vs People's Initiative

'RESTRICTIVE PROVISIONS NEED TO BE RELAXED'

Retired Supreme Court Associate Justice Adolf Azcuna said that some economic policies have to be relaxed, but also said that this should be done through legislation.

"I believe that it should not be on the Constitution. It should be on legislative form...in ordinary laws," he said.

warned senators to ensure that the words “unless otherwise provided by law” are put beside their intended percentage points on foreign investments.

'Let's not hijack this hearing': Senators, Marcoleta clash over failed Cha-cha bids

And instead of ending it with the phrase “Resolved by the Senate and the House of Representatives,” which is an expression of legislation, the resolution must be ended with words “be it resolved” to signal the lawmakers’ intention to amend their target provisions.

CONSTITUENT ASSEMBLY NEEDED

Vicente Mendoza, also a retired SC associate justice, disagreed, saying amendment through legislation is not allowed by the charter.

"By allowing Congress acting as a legislative body — not as a constituent assembly — to amend the Constitution and allow the engagement or operation of utilities, educational institution, advertising to foreigners, that undermines the basic principles and policies on which this republic is founded," he said.

Gerardo Sicat — former socio-economic planning secretary and a professor emeritus at the UP School of Economics — and former Finance Secretary Margarito Teves both told senators that the provisions need to be relaxed to attract more foreign investors.

Experts also differed on how Congress would vote on proposed constitutional changes.

"They don't have to meet jointly, they don't have to vote together," Azcuna said, while Mendoza said that constitutional revisions should be deliberated and voted on under one roof.

ANGARA PROMISES RIGOROUS STUDY OF CHA-CHA PROPOSALS

Sen. Sonny Angara, who presided over the hearing as chairperson of the Senate Subcommittee on Constitutional Amendments and Revision of Codes, acknowledged the points raised by the resource persons.

He also acknowldeged that economic amendments in the Constitution should not be expected to be a "miracle" that would automatically bring investors in.

"No law is more important than the Constitution. Any proposal to change even a part should be studied in a manner that is rigorous and not slapdash or slipshod, exhaustive and not superficial. It must be shepherded by a clear agenda," Angara said.

Angara is looking at finishing deliberations on RBH6 by October, with the hope of holding a plebiscite on it alongside the 2025 elections.

Although RBH6 was filed by Senate President Juan Miguel Zubiri, Sens. Imee Marcos and Risa Hontiveros expressed their reservations about the proposal.

"Una sa lahat, yang sinasabi nilang restrictive diumano, hindi po 'yan totoo. Bukas na bukas na po ang ating tindahan... Kaya wag sana nating gawing collateral damage ang Konstitusyon," Hontiveros said.

"At no point did they say that the Constitution needed to be changed," Marcos said of the resource speakers.

Senate launches probe into people's initiative for charter change

And while senators tackle RBH6, Senate Majority Leader Joel Villanueva called for the continuous vigilance of everyone.

"We have been told that if the Senate will tackle RBH 6, goodbye PI na raw," he said, referring to the People's Initiative signature campaign that the Senate has issued a manifesto against.

"Habang nakatutok kami dito sa RBH 6 hearings, todo bantay pa rin tayo sa galaw ng mga kasamahan natin sa House. Experience has taught us that what they say in the House and what they do can be two different things. We will make sure their words and actions are consistent," Villanueva, a former party-list representative, said.

Zubiri meanwhile asked his colleagues to continue their duty to the country and deliberate on RBH6 carefully.

"Let us not listen to the noise. Let us be above the fray. The Senate as an institution should (be one of) statesmen and women that will always look at the best possible outcome for our country, not for our localities but for our country. And, therefore, let's filter out the noise and focus on the work at hand."