What does Zubiri's charter change resolution seek to amend? | ABS-CBN

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What does Zubiri's charter change resolution seek to amend?

What does Zubiri's charter change resolution seek to amend?

Sherrie Ann Torres,

ABS-CBN News

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Photo of Sen. Juan Miguel “Migz” Zubiri last Nov. 16, 2021. Joseph Vidal, Senate PRIB handout/File
Photo of Sen. Juan Miguel “Migz” Zubiri last Nov. 16, 2021. Joseph Vidal, Senate PRIB handout/File

MANILA — Senate President Juan Miguel Zubiri on Monday filed Resolution of Both Houses No. 6 seeking to amend economic provisions of the 1987 Constitution that proponents of charter change say have been keeping foreign investments out.

Zubiri filed RBH No. 6, which he said should make clear that only economic provisions of the 1987 Constitution will be amended, after a press conference where he said he wants the Senate to lead the review on the 37-year-old charter.

"This is to avert a constitutional crisis between the House of Representatives and the Senate, and to make it clear that there are no other planned provisions or amendments on any other thing but purely economic in nature," Zubiri told journalists after filing the resolution, which includes Senate President Pro Tempore Loren Legarda and Sen. Sonny Angara as authors.

Zubiri said earlier in the day that he opposes the people's initiative campaign to amend the Constitution and compel Congress to vote jointly on constitutional amendments and revisions.

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"Tatatlo lang yung topic dito and napakasimple, napakalinaw. So, eto po ay gagawin natin para sa ganun ay we preserve the bicameralism of both the House of Representatives and the Senate," he said.

WHAT DOES RBH NO.6 SEEK TO AMEND?

The proposal, which will need concurrence from the House of Representatives, seeks to amend parts of Articles XII (National Economy and Patrimony), XIV (Education, Science and Technology, Arts, Culture and Sports) and XVI (General Provisions).

RBH No. 6 proposes amending Section 11 of Article XII, which allows only Filipinos and corporations where Filipinos own at least 60 percent to operate public utilities.

The amendment will allow Congress to pass laws that would relax this restriction.

The resolution also seeks to relax restrictions on the ownership of educational institutions.

Under the proposal, only basic educational institutions will be exclusively owned by Filipinos or by corporations with at least 60-percent Filipino ownership.

"The control and administration of educational institutions shall be vested in citizens of the Philippines, unless otherwise provided by law," RBH No. 6 also reads.

The resolution also seeks to insert the line "unless otherwise provided by law" in Paragraph 2, Section 11 of Article XVI, which would open up the advertising industry to foreign ownership if a law is enacted to allow it.

The advertising industry is currently limited to corporations with at least 70-percent Filipino ownership.

"The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines," the Constitution also reads.

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WHAT'S NEXT?

The Senate Subcommittee on Constitutional Amendments, which will be chaired by Sen. Angara, is expected to hold hearings on the resolution, Zubiri said.

The Senate president also said he is appealing to Sen. Robin Padilla, chair of the Committee on Constitutional Amendments and Revision of Codes not to take offense at the sudden operation of the Angara sub-committee.

Padilla, a proponent of federalism, pushed for charter change soon after being elected into office in 2022 but the Senate leadership said at the time that it was not a priority.

Zubiri is looking at finishing and adopting RBH6 — from the Senate's side — before Congress goes into recess in March.

In a statement on Monday afternoon, House Speaker Martin Romualdez welcomed Zubiri's support for amending the Constitution.

"This resolution using the mode of Constituent Assembly is a decisive step towards amending the 1987 Constitution, particularly in terms of relaxing the economic provisions that currently restrict the entry of foreign direct investments into the Philippines," Romualdez, who promised "unwavering support" for the Senate's initiative, said.

"The move to amend the Constitution through a Constituent Assembly underscores our commitment to a democratic and participatory process," he also said.

"It reflects our collective resolve to address the long-standing barriers that have hindered our nation's progress."

Romualdez said last December that the House would work on amending the Constitution in 2024 and urged local government leaders to support the people's initiative campaign for it.

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