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

RG CRUZ

ABS-CBN News

<div><br/></div><p>MANILA — There have been various changes to the charter proposed since 1987, from simple amendments to sweeping revisions such as changing the form of government and the relaxation of restrictive economic provisions. </p><div><br/></div><div><a href="https://news.abs-cbn.com/news/2024/1/30/senate-panel-kicks-off-probe-vs-people-s-initiative-to-enlighten-public-on-lies-1227">Senate panel kicks off probe vs people&#x27;s initiative, to enlighten public on &#x27;lies&#x27;</a></div><div><br/></div><p>This year appears to be different, as there are 2 charter change efforts simultaneously taking place. </p><div><br/></div><p>The Senate on Monday will begin its much anticipated deliberations on Resolution of Both Houses No. 6 which seeks to amend certain restrictive economic provisions of the 1987 Constitution.</p><div><br/></div><div><a href="https://news.abs-cbn.com/spotlight/01/15/24/what-does-zubiris-charter-change-resolution-seek-to-amend">What does Zubiri&#x27;s charter change resolution seek to amend?</a></div><div><br/></div><div><br/></div><p>This will happen alongside the controversial People&#x27; Initiative, said to have been launched during the last year&#x27;s holiday season and that went full swing after the New Year.</p><div><br/></div><p>Advocates of the parallel attempts insist they are not eyeing to change any political provisions in the Charter. The fine print, however, shows it is all about power. </p><div><br/></div><div><strong>GOALS</strong></div><div><br/></div><p>The people’s initiative movement, led by Ramos-era PIRMA, seeks the power for the 2 chambers of Congress to &quot;vote together&quot; when approving changes to the Constitution by a three-fourths vote. </p><div><br/></div><div><a href="https://news.abs-cbn.com/news/01/23/24/house-leaders-deny-hand-in-signature-campaign-for-peoples-initiative">House leaders deny hand in signature campaign for people&#x27;s initiative</a></div><div><br/></div><p>Critics, especially in the Senate, believe this would dilute and derogate the bicameral nature of Congress as this would mean that 310-member House could easily outvote the 24-strong Senate. </p><div><br/></div><p>This would cure an ambiguity in the present Charter left by the last-minute decision of its framers to go bicameral from a unicameral legislature in the previous Constitution. </p><div><br/></div><p>However, critics also flagged this for the risk of empowering the House to change even political provisions by itself without any form of checks and balance.</p><div><br/></div><div><a href="https://news.abs-cbn.com/news/01/28/24/peoples-initiative-could-lead-to-shift-to-parliamentary-govt-ex-sc-justice-carpio">People&#x27;s Initiative could lead to shift to parliamentary gov&#x27;t: ex-SC justice Carpio</a></div><div><br/></div><div><br/></div><p>On the other hand, Senate Resolution of Both Houses No. 6 seeks the power for Congress to pass laws to relax restrictive economic provisions by appending the phrase “unless otherwise provided by law” to portions of the Charter. </p><div><br/></div><p>In other words, all foreign investors seeking to do business in the country will have to deal with senators and House members on top of existing regulators. </p><div><br/></div><p>Procedurally, no constituent assembly will be called. The phrase does not even appear in the Constitution&#x27;s text. </p><div><br/></div><p>The Senate will not sit with the House in joint session as it has insisted on separate deliberations and separate voting. </p><div><br/></div><p>What will happen is the Senate will discuss the measure as if it was a regular bill, have it approved by the committee concerned before approval by the whole chamber. </p><div><br/></div><p>The only difference is that for it to be a valid amendment, it has to be approved by 18, or three-fourths, of the 24 Senators on third and final reading.</p><div><br/></div><p>Should that happen, the Senate-approved RBH6 would be sent to the House for its own consideration and approval. </p><div><br/></div><p>The House is no stranger to this because it used the same procedure in approving some of the most recent attempts from the chamber to amend the Charter.</p><div><br/></div><p>While the process is similar to regular lawmaking, Albay Rep. Joey Salceda said there is one major difference: there is no bicameral conference committee in a constitutional amendment, which means the House can only accept or reject whatever the Senate approves.</p><div><br/></div><div><strong>REQUESTS</strong></div><div><br/></div><p>This early, both Salceda and House Committee on Constitutional Amendments chair Rufus Rodriguez urged the Senate to propose to empower Congress to regulate more economic provisions than in the Zubiri proposal.</p><div><br/></div><p>Salceda pointed out that Senate&#x27;s RBH6 only amends the provisions limiting foreign investments in public utilities, advertising and education. </p><div><br/></div><p>He said the Senate should also propose relaxing provisions on foreign investment limits in the development and exploitation of natural resources, on ownership and transfer of land, and on mass media.</p><div><br/></div><p>Whether or not the Senate agrees, and to what extent, are what will be seen in the upcoming deliberations. </p><div><br/></div><p>House lawmakers however said that only the Senate&#x27;s approval of the so-called economic Charter change can stop the ongoing People&#x27;s Initiative.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><ivs-player data-ivs-key="e8c22c015ca9eafa76f1e3edfa03c603" data-ivs-spid="3001339" data-ivs-vid="2939315"></ivs-player></div><script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/loader.js"></script>

<p>The Senate is set to start deliberations on Resolution of Both Houses No. 6, which seeks to amend some economic provisions of the 1987 Constitution.</p>

The Senate is set to start deliberations on Resolution of Both Houses No. 6, which seeks to amend some economic provisions of the 1987 Constitution.

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

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

RG CRUZ,

ABS-CBN News

Published Feb 04, 2024 08:52 AM PHT

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