By Junex Doronio
MANILA — Apprehensive that foreign investments will be affected if the Supreme Court declares the amended Public Services Act unconstitutional, former SC Associate Justice Antonio Carpio on Friday (12 April 2024) said charter change (Cha-Cha) is now needed to allow foreigners to own public utilities.
Under the 1987 Constitution, foreigners may only own up to 40% of public utilities but Carpio noted that the amended Public Services Act allows 100% foreign ownership of public services such as telecommunications and railways, among others.
“They redefined the term public utility. Public utility is limited to this, but all the rest will now be considered public services. Now, we all know that Supreme Court is the final interpreter of the Constitution,” Carpio noted.
The retired magistrate pointed out that the law reclassifies telecommunications, railways, airlines, and logistical facilities as public services from their previous classification as public utilities.
“A lot of foreigners have come in and they believed in the law. If the Supreme Court will say it is unconstitutional, what happens to the investments here? I think it will take us decades to recover from this blunder. Foreign investors will not come in because they fear that there is no rule of law here,” Carpio quipped.
He pointed out that the primordial power of the Supreme Court is to interpret the law and “without that, the Supreme Court is nothing.”
“If I were in the Supreme Court now, I would declare it unconstitutional because that is the very essence of judicial power, to interpret the Constitution. So my fear is that the Supreme Court will strike down the amended Public Service Act,” Carpio said.
(El Amigo/MNM)
By Liezelle Soriano
MANILA — Former Associate Justice Antonio Carpio said that holding an election and plebiscite at the same time is legal as there are no prohibitions under the Constitution, laws, and jurisprudence.
“Wala namang prohibition. Hindi naman ipinagbabawal na [pagsabayin]. Wala sa Saligang Batas na hindi pwedeng sabay. Wala naman sa ordinaryong batas na hindi pwede isabay at tska wala ring desisyon ang Supreme Court,” Carpio said in an interview with TeleRadyo.
He further said that it would be the call of the Commission of Elections (Comelec) if such would be feasible.
“It’s a matter of policy kung kaya. Ang sabi naman ni Chairman [George] Garcia since isang question lang ‘yun, pwede namang isama. It’s up to Comelec kung kaya nila,” he said.
“In terms of legal or not, it’s legal. Wala namang prohibition,” Carpio added.
Earlier, election lawyer Romulo Macalintal questioned the proposal to have the 2025 election and plebiscite simultaneously.
“With all due respect to President Marcos, his position to hold a plebiscite to amend the Constitution alongside the 2025 national and local elections (NLEs) is not tenable or of doubtful constitutionality,” he said.
“Section 4, Article XVII of the 1987 Constitution mandates that the ratification of any amendment to or revision thereof shall be done ‘in a plebiscite.’ Said provision does not say that the ratification shall be done ‘in an election,’ nor in an ‘election and plebiscite,'” Macalintal added.
(el Amigo/MNM)
By Junex Doronio
MANILA — To resolve the deadlock between the Senate and the House of Representatives on the issue of economic charter change (Cha-Cha), former Supreme Court (SC) Associate Justice Antonio Carpio on Friday (16 Feb 2024) said only the Supreme Court can serve as the final arbiter.
Carpio also said he’s in favor of the Senate and the House of Representatives voting separately, saying this was the exact “formula” of the late Fr. Joaquin Bernas, one of the framers of the 1987 Constitution.
“The Senate will vote separately, ¾ vote to pass the resolution, tsaka ‘yung House will meet separately to pass the resolution by ¾ votes. Pag may conflict sa resolution nila, mag-mi-meet sila, parang bicam, then pag nag-agree na sila, the Senate and House will approve again by ¾ vote,” Carpio said in a Teleradyo Serbisyo interview.
“Ito yung formula na Fr. Bernas at sang-ayon ako dyan,” the retired SC magistrate explained.
He noted that the Senate doesn’t like to meet with the House of Representatives.
“Kasi ngayon, ayaw mag-meet ng Senate with the House, physically. This is the solution. This will resolve the issue,” Carpio said.
He said that if the House refuses to concede and insists on “voting jointly” in amending the Charter, then “any member of Congress or any taxpayer can now go to SC to raise the question.”
“Supreme Court ang dapat na arbiter dito,” Carpio quipped.
(el Amigo/MNM)
By Junex Doronio
MANILA — It’s not the “restrictive” economic provisions in the 1987 Constitution that cause low foreign direct investments (FDIs) in the Philippines but the high cost of power, bureaucracy, and infrastructure.
This was revealed on Monday (12 Feb 2024) by retired Supreme Court (SC) Senior Associate Justice Antonio Carpio who pointed out that the Philippines has the highest power rate in the ASEAN region and second to the highest power rate in Asia next to Japan.
“We have to address the real causes. The real cause is not the Constitution. Nobody cares. The President has been going abroad and has been saying, ‘I have secured almost P500 billion in foreign investment’ and not one of those foreigners who plan to invest here required an amendment to our Constitution,” Carpio declared during the continuation of the Senate Subcommittee on Constitutional Amendments and Revision of Codes hearing on Resolution of Both Houses 6.
RBH 6 which seeks to lift the 40% restriction on foreign ownership in advertising, education, and public utilities, is still under deliberation by the Senate.
Carpio cited the high cost of power that tends to discourage foreign investors.
“In manufacturing, energy accounts for at least 30 percent of your cost and if you locate your plant here in the Philippines, you cannot compete with your competitor in Vietnam because they have lower power rates. They will never come here in the Philippines,” he said.
On the other hand, Carpio said foreign investors would need to get permits from the barangay, mayor, national agencies, and specialized regulatory bodies in the Philippines.
He noted that in China and Vietnam, foreign investors would only need to go to one office to secure the necessary documents.
Carpio said that even without amending the 1987 Constitution, the Philippines has passed several laws to open the economy to 100% foreign ownership, particularly the recently amended Public Services Act, and Retail Trade Liberalization Act.
He told the august body that the Philippines has one of the most liberal foreign investment laws in the ASEAN and Asia.
“There appears to be a lack of understanding by our national leaders of the extent of foreign ownership under the law of businesses in our country,” the retired SC Justice said.
Carpio also said the Department of Justice (DOJ) and the Department of Energy (DOE) under the Marcos Jr. administration have recently allowed 100% ownership of power generation from solar and wind through a “mere implementing guideline.”
(el Amigo/MNM)
By Junex Doronio
MANILA — Apprehesive of the possible abolition of the Senate, former Supreme Court (SC) Associate Justice Antonio Carpio on Sunday (29 Jan 2024) said the House of Representatives could transform the government into a parliamentary system if an ongoing People’s Initiative (PI) campaign prospers.
Citing duplication of legislative work and the “inefficient populist” presidential form of government, some groups have aired preference for a unicameral legislature and under the parliamentary system of government is headed by a prime minister, who will be elected among members of parliament.
“They can convert the government to parliamentary kahit 24 senators will oppose, balewala ‘yan,” Carpio said in an interview with TeleRadyo Serbisyo.
It can be noted that the ongoing PI, one of three ways to revise the constitution, seeks that senators and congressmen vote jointly on charter change proposals, instead of separately as two houses of Congress.
This would mean the 24 senators will be outnumbered by the House of Representatives composed of 316 congressmen, 253 from congressional districts and 63 party-list representatives.
Carpio also agreed that the ongoing people’s initiative — which he has also dubbed as “unconstitutional” — would result in a “constitutional crisis” because the House could “abolish” the Senate.
“Under the proposal nila, the present people’s initiative, pag pumasa ‘yan, the House alone can convene as a constituent assembly to propose amendments to the constitution,” Carpio said.
Meanwhile, the Diskarteng Pinoy in Region 7 has expressed favor in charter change to push for economic reforms, with foreign investors coming into the country to provide jobs and high wages to Filipino workers.
The group is also campaigning for a parliamentary system of government, saying it has been proven effective in Canada, Australia, New Zealand, Japan, and many European countries.
(el Amigo/MNM)