Lagman points out ‘legal infirmities’ of renewed bid for Charter change

Even before Congress could make a move to amend the economic provisions of the 1987 Constitution, prospects of serious legal challenge were swiftly aired against a possible violation by the House of Representatives of the limited amendatory procedure embodied in the Charter.

Independent opposition Rep. Edcel Lagman (MANILA BULLETIN FILE PHOTO)

Albay Rep. Edcel Lagman raised this warning as he assailed Resolution of Both Houses No. 2 for providing for what he termed as a “mongrelized process” of Charter change.

Authored by Speaker Lord Allan Velasco, RBH No. 2, in effect, grants Congress the power to amend the Constitution “in violation of the limited amendatory procedure prescribed in Article XVII of the 1987 Constitution,” noted Lagman.Ako Bicol Partylist Rep. Alfredo Garbin, chairman of the House Committee on Constitutional Amendments, will start discussing tomorrow RBH 2 which seeks to amend economic provisions of the 33-year-old Charter.

“The introduction of the phrase ‘unless otherwise provided by law’ in those restrictive provisions, as proposed by Speaker Lord Allan Velasco, will give Congress the flexibility and leeway to alter the restrictions when the economic situation requires it,” said Garbin.

Actually,  such proposal was originally present in a bill authored by former  Quezon City Rep. Feliciano Belmonte Jr. when he was the speaker of the 16th Congress.

Lagman said the omnibus and boundless phrase “unless otherwise provided by law is an infirm or pseudo proposal because the real power to amend is fully vested in the Congress as a lawmaking body instead of being exercised by a Constituent Assembly, Constitutional Convention or People’s Initiative.“Any proposed alienation of the nationality provisions in the Constitution on restricted foreign capital investment in sensitive industries as well as in land acquisition and ban on media ownership, among others, must be specific and complete for the consideration of a Constituent Assembly or Constitutional Convention, and the eventual ratification by the people who must be clearly informed of the parameters of the proposed amendments,” the veteran lawmaker stressed.

Lagman warned that RBH 2 grants Congress “as a legislature to exercise blanket authority to subsequently fill in the blanks or provide the details of the amendments to the economic provisions.”“It is different when the Congress is authorized by the Constitution itself at the time of its ratification to enact implementing legislation which are not in the nature of constitutional amendments,” he explained.

The Bicolano lawmaker also described as “flawed” the lifting of nationalistic provisions, pointing out that “no less than the prospective foreign investors do not clamor for the removal of the so-called “restrictive” provisions which are salutary safeguards of Filipino posterity.”Lagman stressed that various studies, including those of the United Nations Conference on Trade and Development (UNCTAD), the Organization for Economic Cooperation and Development (OECD), and the World Bank, show that the following factors principally determine the entry of foreign direct investments (FDIs): (1) ease of doing business, (2) adequacy and quality of infrastructure, (3) predictability of government policies, (4) government stability, (5) cost of power, (6) internet speed, (7) incidence of corruption, (8) transparency in public procurement, and (9) labor skills and wages.“Removal or liberalization of the citizenship requirements in the Constitution is not one of the principal determinants for encouraging foreign investments,” the independent solon said. 
Read More

Spread the love
Nicholas ‘Nick’ Statman entered the property industry in 2001 and set up a property buying company that quickly established itself as one of the biggest in the sector. During this time the Company successfully transacted on thousands of residential properties across the UK. Nicholas Statman was an early pioneer of the ‘quick sale’ niche market which has since grown considerably with a multitude of companies now operating in the sector. Nicholas Statman has strategically built a sizeable residential and commercial property portfolio with a view to holding for optimum capital growth and a long term passive income. Nicholas Statman has been involved in almost every aspect of the property sector over a 20 year period – this includes buying and selling, development, letting and management and is now involved in the fast growing online/ hybrid Estate Agent industry.

Latest articles

Oxfordshire property prices rise by 10 per cent in...

PROPERTY prices in Oxfordshire have risen by more than 10 per cent, the latest data reveals.

World’s Biggest Pension Fund Cuts U.S. Bond Weighting by...

Need help? Contact us We've detected unusual activity from your computer network To continue, please click the box below to let us know you're not a robot. Why did this happen? Please make sure your browser supports JavaScript and cookies and that you are not blocking them from loading. For more information you can review…

Idea Pins are Now Shoppable on Pinterest

Visual discovery engine Pinterest is expanding its partnership with Shopify to introduce new ways for content creators to monetize their work and partner with brands.Creators on Pinterest can now grow their business and earn money by making their Idea Pins shoppable. They are also able to partner more transparently with brands on sponsored content and…

A Psychologist Explains Why the Pandemic Has Destroyed Your...

These days I keep walking into rooms and then forgetting what I came for. I was always bad about losing my keys, but managing to lock myself out twice in one week was a new low even for me. And I've told my daughter, "Mommy's brain is like Swiss cheese" so many times now she…

Similar articles

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Subscribe to our newsletter

Spread the love