After so much bickering between Congress and the Senate, the President came in to broker a peace. This resulted in the proposed economic amendments to Articles XII, XIV, and XVI of the 1987 Constitution, and agreed on Joint Resolution No. 6.
Here are the expectations. There are those who don’t believe there is a need to amend the Constitution as legislation is sufficient to fill any perceived gaps to improve and develop Philippine society.
On the other hand, there are those who believe that constitutional amendment is essential.
Local media projects that the pro-Amendment group in this debate are overwhelmingly in the majority, perhaps initiative by diverse groups, or with the strong support of the Congressmen.
To give us a glimpse of the possible scenarios, read on.
For example, Section 11 of Article XVI (1): “The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.”
Question: Are we willing to surrender ownership and control of mass media, and allow The New York Times to compete with The Philippine Daily Inquirer, Philippine Star, and even compete with the MetroPost? Will policy control and restrictions now be waived in favor of foreign investors?
As a reasonable expectation, will the country receive the benefits of transfer technology that can equitably benefit the people?
Or in the case of education in Article XIV Section 3. (1): “All educational institutions shall include the study of the Constitution as part of the curricula.”
Optional study for foreign students of the Constitution?
Section 4.(2): “Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least 60 per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.”
The control and administration of educational institutions shall be vested in citizens of the Philippines. Foreign administrators now allowed?
“No educational institution shall be established exclusively for aliens, and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.”
Can a foreign school system establish itself and operate in Philippine schools? What will be the standing of Filipino citizens who join that system? Do they still have to learn the Constitution?
Article XII Section 1: “In the pursuit of these goals, all sectors of the economy, and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.”
May a foreign corporation acquire unlimited Philippine property?
Article XII Section 2: “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least 60 per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.”
If we remove this provision, can foreign persons be allowed to exploit our natural resources?
As we reflect on the amendment debate, we can determine for ourselves what is truly good for the Filipino.
Can we stay with the present provisions, and modify by law such circumstances as needed? Or are we potentially condemning ourselves to be second class citizens under anticipated circumstances brought about by amendments to the Constitution?
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Author’s email: [email protected]
