30 November 2005

 

OPINION: Getting the people’s pulse


WINDOWS
Gabriel L. Cardinoza


ON Friday, December 2, it will be Pangasinan’s turn to be consulted by the Constitutional Commission (ConCom) on what provisions of the 1987 Constitution Pangasinenses would want revised or amended.

From what we heard from ConCom Commissioner and Vice Mayor Alvin Fernandez, there will be at least 300 participants representing various sectors in the province in that consultation.

More than the shift in the form of government (from presidential to parliamentary) and the change of its structure (from unitary to federal), it would be interesting to know how Pangasinenses will view the national patrimony and economic reforms issues of the proposed Charter change, which have been the subject of animated discussions in the Visayas and Mindanao consultations.

For instance, under the present Constitution, the development and utilization of natural resources and operation of public utilities, among others, are limited only to Filipino citizens or to corporations owned at least 60 percent by Filipinos.

This is the same restriction imposed on ownership of private agricultural lands, although through a Supreme Court decision, the restriction has been interpreted to also cover lands for residential, commercial and industrial uses.

Commissioner Fernandez said that he finds it ironic that while developing countries, including China and Vietnam, have been aggressively inviting foreign investors to help develop their economies, our Constitution continues to restrict foreign investments, which would have brought in needed capital to improve our infrastructure and establish new industries.

“With this capital would have came technology, management and access to markets abroad, creating needed jobs for our youth and attracting back our OFW’s presently employed as technicians and supervisors abroad,” Commissioner Fernandez said.

“These are some reasons why most members of the Commission believe it is now time to allow more foreign investments in the Philippine economy,” he added.

In fact, the Commissioner said, there is now a growing consensus among his colleagues to favor the proposal that would allow 100 percent foreign ownership in public utilities, which include passenger ships, rail transits, airlines, telecommunications, water distribution and distribution of electricity, to inject the capital needed to improve services of public utilities, and make those services more widely available.

Many Commissioners, he added, also think that large scale development of the country’s natural resources (such as mining) could be hastened and could provide more benefits to the economy if allowed to be done (under strict state supervision) by foreign companies with 100 percent ownership. Small-scale developments will be restricted to fully Filipino owned companies.

And on the ownership of commercial and industrial lands, many Commissioners have suggested that this be allowed to foreign companies, under conditions to be specified by Congress or Parliament, including the establishment of the proposed industrial or commercial project in the property within a specified time period.

We can only surmise that if the Commissioners are favoring these proposals, it is because they reflect the people’s true sentiments.

But Commissioner Fernandez hastened to add that the proposals are not yet final and these will still have to be thoroughly discussed by the Commission. Once finalized, he said, ConCom’s recommendations will be submitted to the President, who shall in turn endorse it to Congress. These recommendations will then be discussed in Congress and will pass through the proper Constitutional process (Constitutional Assembly, Constitutional Convention, etc.).

Finally, the proposed amendments will then be returned to the people, who will have the final say via plebiscite.
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