Members of the House of Representatives open the 2nd regular session of the 19th Congress on July 24, 2023.  Jonathan Cellona, ABS-CBN News/File

MANILA -- Voting 288-8-2, the House of Representatives on Wednesday approved on the 3rd and final reading Resolution of Both Houses #7, or economic charter change, which seeks to amend the 1987 Charter to empower Congress to legislate foreign investment caps to public utilities, education and advertising. 

The final figure is lower than the 301-6-1 who voted in favor of the Resolution of Both Houses calling a constitutional convention passed this time last year by the House. 

The House, a chamber of Congress, is invoking Article 17 Section 1 of the Constitution which allows it to propose amendments to the electorate by a 3/4 vote of all members. 

That would be 231 or the 308 Congressmen. 

The measure, however, would keep the current 60-40 investment cap in favor of Filipinos for basic education, which means foreigners can only have 100% ownership of higher educational institutions. 

RBH 7 does these by appending the phrase "unless otherwise provided by law" to Articles 12, 14, and 16.

"With the approval of RBH7 on the third and final reading, and its subsequent transmission to the Senate, we stand on the cusp of realizing a more open and robust economy," Speaker Martin Romualdez said. "This is more than just an economic imperative; it is a clarion call to action that resonates with the aspirations of the Filipino people for a more prosperous and secure future."

Before the approval, House lawmakers sought a consensus with a Senate on the next step in case both chambers approve economic charter change. 

READ: House lawmakers urge Senate to vote on 'economic cha-cha' before SONA

Earlier this week, House Majority Leader Manuel Jose Dalipe said the House may transmit an approved RBH7 to the Comelec after the voting for the Commission on Elections to decide if it can already call a plebiscite. 

House Deputy Speaker David Suarez tried to walk that back, saying they prefer a consensus with the Senate to minimize possible constitutional challenges before the Supreme Court. 

"The most prudent action to be taken, (and the directive as well of ) Speaker Martin Romualdez is after we approve it on 3rd and final reading let's take advantage of the break, kausapin natin yung mga counterparts natin sa Senate para magkaroon tayo ng unified position moving forward and dito po malalaman natin. kung ano po ang magiging hakbang patungkol sa RBH 7 (talk to our counterparts in the Senate so we can have a unified position moving forward on RBH7)," Suarez said. 

"With relation to the statements of Majority Leader Mannix Dalipe, (we're on) unchartered waters, especially we are in a very advanced state of amending our constitution, advanced because it is the first time in nation's history [that] the Senate is actually tackling constitutional amendments," Suarez explained.

"To avoid any constitutional issues and challenges that it will eventually face, it's better for us to work as a United House with Congress and Senate working hand in hand," Suarez added. 

"Ang mas magandang paraan para sa ating lahat ay i-maximize po natin itong Holy Week Break na makapag-usap 'yung leadership ng House at leadership ng Senate and to reconcile on a definitive path kung paano natin ia-approach at ihahakbang ang RBH6 at RBH 7 papunta sa Comelec para makarating sa plebisito." 

(The Holy Week Break would be better spent if both the House and Senate leaderships discussed a path forward for RBH 6 and RBH7.) 

Suarez acknowledges that the House's approval today puts pressure on the Senate. Still, they prefer for both Houses to come together before the Comelec gets involved.

READ: House Speaker confident Senate will OK econ Chacha

"Maguusap muna kami, tapos malaman natin kung ano yung proper cause, kasi ang iniiwasan natin dito ay dumami yung mga constitutional challenges," Suarez said. 

(We should talk first because we're trying to avoid a lot of constitutional challenges.)

Ako Bicol Rep. Raul Angelo Bongalon welcomed  a statement attributed to Comelec Chairman George Garcia expressing their readiness to study the next step in case RBH7 is sent to them.

Bongalon also appealed to the Senate for their cooperation. "What is crucial here is that the Senate and the House of Representatives should come together to discuss the possible implications of RBH 6 and RBH 7, Bongalon said. "I'm asking the Senate leadership to cooperate."

La Union 1st District Rep. Francisco Paolo Ortega sees this as an opportunity for the House and Senate to reconnect.

"Of course ... the ideal set up is dumaan po sa Kongreso muna. Yun po ang ninanais namin of course, para po it's also a time to reconnect with the Senate,. So for me, personally, gusto po natin na dumaan po sa dating pruseso at titingnan po natin kung paano magre-responde ang Senate," Ortega said. 

(The ideal set up is for Congress to approve. It maybe time to reconnect the Senate. Personally I want that process and let's see how the Senate responds.) 

Lanao del Sur 1st District Rep. Zia Adiong is still counting on Senate approval while also keeping all options open.

"We are to open any options and we're trying to explore these options legally within the framework of the constitution as what the constitution says." Adiong said. "Should there be any reaction that may come from the other chamber na hindi po siya sang ayon doon sa  (that disagrees with the) stand ng ating (of our) Majority Leader, that's good riddance for me, because that would open up an opportunity for the courts to really decide and spell out ano ba talagang limits ng botohan (what are the voting requirements)."

Under the 1987 Constitution, the COMELEC has 60 to 90 days to call a plebiscite so long as the required number of votes in Congress are met by the Resolution.