Sunday, April 14, 2024

Puno cautions solons on phrasing in Cha-cha drive


Reynato Puno

 

MANILA, Philippines — Retired chief justice Reynato Puno has urged the Home of Representatives  to chorus from utilizing the time period “until supplied by legislation” in amending the 1987 Structure’s financial provisions, saying that the gadgets in query must be repealed as a substitute.

Puno on Monday, on the Home committee of the entire’s hearings on Decision of Each Homes (RBH) No. 7, defined that amendments made via laws — or enacted payments that may specify how a lot international companies can personal within the industries that may be opened — could also be questioned for its constitutionality.

He identified that the entire nation’s Constitutions have explicitly acknowledged that modifications within the Structure ought to come by the use of referendum or with the folks’s approval.

 “The usage of the phrase ‘until in any other case supplied by legislation’ is weak to a different constitutional problem.  Primary, your Honors, permitting Congress to make use of its lawmaking powers to amend the Structure could also be questionable.  Quantity two, the legal guidelines that will likely be handed by Congress for this function is not going to be accepted by the folks in a correct referendum,” Puno instructed lawmakers.

 “Beneath all our Constitutions —1935 Structure, 1973 Structure and particularly underneath the 1987 Structure — any and all modifications within the structure, whether or not they come from a constitutional conference, whether or not they come from a Constitutional meeting, or whether or not they come from a folks’s initiative should be accepted by the folks in what is named an compulsory referendum,” he added.

Beneath RBH No. 7 and the Senate’s RBH No. 6 — which the Home-version was mirrored from — three components of the 1987 Structure could be amended by inserting the phrase ‘until supplied by legislation’:

  • Part 11 of Article XII (Nationwide Patrimony and Financial system), the place the phrase “until supplied by legislation” is inserted within the provision that bars international possession of a public utility shall besides in a case the place 60 % of the whole capital belongs to Filipino residents.
  • Part 4 of Article XIV (Training, Science and Know-how, Arts, Tradition, and Sports activities) the place the phrase “until supplied by legislation” is inserted within the provision that bars international possession of fundamental academic establishments besides in a case the place 60 % of the whole capital belongs to Filipino residents.
  • Part 11 of Article XVI (Common Provisions) the place the phrase “until supplied by legislation” is inserted in two parts: first, the supply that bars international possession within the promoting business besides in a case the place 70 % of the whole capital belongs to Filipino residents; and within the provision that limits international traders participation in entities to how a lot their capital share is

Putting the phrase would permit Congress to craft payments that may set pointers on how a lot international entities can personal — thereby putting the choice on how liberalized the stated industries are on the legislature.

 

However as a substitute of taking this route, Puno instructed that these three provisions within the 1987 Structure be repealed — together with Article II Part 19 which requires the Philippine financial system to be successfully managed by Filipinos.

“Simply repeal these three restrictive provisions of the Structure, which we need to be out.  And as well as, you simply repeal Article II Part 19 of the 1987 Structure which states ‘the state shall develop a self-reliant and unbiased nationwide financial system successfully managed by Filipinos’.  Embrace that within the repeal,” Puno stated.

“If all these provisions will likely be repealed, then Congress within the train of its lawmaking energy can enact all the mandatory legal guidelines to be able to entice these international investments.  By the repeal of all these provisions, you let go the facility, the lawmaking energy of Congress.  That’s, to me, how easy that’s,” he added.

However Marikina 2nd District Rep. Stella Quimbo who has supported proposals to amend the Structure famous that the time period “until supplied by legislation” was positioned as a result of lawmakers need to keep away from making errors in amending the Structure — as amending the constitution once more would take effort and time.



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