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Ano ba talaga ang pakay ng mga congressman sa charter change?
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Kung economic provisions lang talaga ang gustong amyendahan ng mga congressmen, di na kailangan yung signature drive dahil pwede naman yung Resolution of Both Houses na isinusulong ni Senate President Migz Zubiri, ayon kay retired SC Senior Associate Justice Tony Carpio.
Christian Esguerra
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Run time: 07:51
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Video Transcript / Subtitles:( AI generated. About AI subtitles » )
00:00.0
The Senate is calling the bluff of the House.
00:09.4
Kasi sabi ng House, we have to go to people's initiative to amend the economic provisions of the Constitution
00:19.3
because the Senate doesn't want to convene as a constituent assembly.
00:26.6
Ayaw ng Senado. We have not received any favorable response from the Senate.
00:33.7
So, linabas ng House itong people's initiative that when the House and the Senate meet as a constituent assembly,
00:47.4
they vote as one jointly.
00:50.4
So, yung 315 votes ng House, ipagsama yun sa 23.
00:56.6
24 votes ng House and you get the majority vote.
01:01.4
Paraging talo ang Senado dyan.
01:03.8
So, the effect of that is to practically disregard the vote of the Senate.
01:12.3
They will always be outnumbered.
01:14.1
So, ano ko dito, pag talagang economic provisions lang ang gusto ng House, bakit pa paligoy-ligoy?
01:26.6
Kasi, there are two options to amend the economic provisions by kahit na people's initiative.
01:39.0
You can amend it directly.
01:41.9
In other words, the people's initiative will say the following articles and sections of the Constitution will be hereby amended.
01:48.9
Or you can approach it this way.
01:56.6
When Congress convenes as a constituent assembly, they will vote as one.
02:03.1
And then, after that, they will meet again as a constituent assembly to amend the Constitution.
02:10.0
Two steps.
02:12.2
Eh, pags two steps, nakaka, it's surprising and very suspicious.
02:18.3
Kasi, yung first step where they will vote as one, binigyan mo ng blank check.
02:25.3
Yung blank check yung Congress to amend the Constitution any way they want because they have the numbers 315 versus 24.
02:35.4
Palaging outnumbered ang Senate.
02:38.1
So, kung talagang gusto mo i-amend ang Constitution, pwede mo naman diretsuhin eh sa people's initiative.
02:44.6
Diretsuhin mo na sa people's initiative.
02:46.3
Itong mga provisions na ito, i-amend natin.
02:50.0
Eh, bakit pa two steps pupunti?
02:52.6
Parang gusto mo, you want to visit?
02:55.1
You want to visit your neighbor, nasa kanan lang ng bahay mo, to the right.
02:59.4
At ang pupunta ka doon, you turn left, you go around the world, parang umabot ka sa kanila.
03:07.9
It doesn't make sense.
03:13.0
Kasi, di ba, you have to be efficient, avoid this waste of time.
03:20.4
At dito talagang you waste a lot of time because two steps yan.
03:25.1
Ngayon naman, ang Senado, just to emphasize that point, they proposed na straight to the point na tayo.
03:32.4
Wala nang PI, wala nang people's initiative.
03:34.8
Ito na, lahat na economic provisions, palitan na natin.
03:39.7
So, it's up to the House now.
03:41.5
If they really want economic provisions, nag-offer na yung Senate na i-amend natin kaagad.
03:48.6
Hindi na tayo paligoy-ligoy pa.
03:51.9
Wala nang two-step, diretsyo.
03:53.6
We will not spend.
03:55.1
We will not spend for people's initiative kasi papayag na kami i-amend yung economic provisions eh.
04:02.6
At saka yung amendment naman proposed ng Senate, it opens up everything, no?
04:11.3
Kasi nakalagay doon, for example, in Article 12, Section 6 on the public utilities, nakalagay doon.
04:25.1
Yung 60-40, required ngayon, will be followed unless otherwise provided by law.
04:33.6
So, Congress can amend it anytime.
04:37.8
Ganyan din yung ibang provisions ang gagawin according to the Senate resolution.
04:44.1
So, if the House will agree to that, tapos na.
04:48.7
Wala na tayong problema.
04:52.1
Wala nang political warfare.
04:55.1
Nagkasundo na yung House at saka Senate, no?
04:59.0
However, from my point of view, personally, I think we should add two conditions.
05:08.4
Unless otherwise provided by law, subject to reciprocity.
05:13.1
Kasi katulad, no?
05:14.6
We open up our telecom industry to the world.
05:19.9
Vietnam will invest here, can buy 100% of our telecom.
05:23.8
Pero hindi tayo pwede bumili.
05:25.2
Sa kanila.
05:25.7
Kasi sarado sila eh.
05:28.0
So, if we require reciprocity, buksan muna nila yung kanilang industry, telecom industry, before we open up.
05:35.9
In other words, dapat reciprocal.
05:38.7
Para patas tayo.
05:41.2
Kasi in international law, each one is sovereign.
05:46.8
Bakit payagan natin sila to buy 100% of our telecom companies
05:52.8
when we cannot buy into their telecom companies?
05:55.6
Dapat it should be reciprocal.
05:57.0
And that is the policy now of the European Union.
06:00.7
Whenever they enter into a treaty with another country,
06:08.8
they require reciprocity now.
06:10.4
Because that's the only way to require China to open up.
06:14.0
Because China wants to buy into our telecom 100%.
06:19.8
But they cannot even buy a share there in their telecom business, their basic telecom.
06:24.6
Because from their point of view, it's a matter of national security.
06:28.5
So, dapat reciprocal.
06:30.4
Pangalawang kondisyon, alam mo, right now, it requires a constitutional amendment to open up certain industries.
06:41.2
Dapat a little bit, a higher majority should be required when Congress passes it.
06:47.6
Let's say, two-thirds vote of the House and the Senate can open up an industry.
06:54.6
And can amend, can change the requirement in the Constitution.
06:59.0
Hindi naman simple majority lang.
07:01.2
Kasi this is not an ordinary law.
07:03.9
This is special law that is actually deviating from the Constitution.
07:09.9
Under the present Constitution, Congress cannot change that by a simple law.
07:16.5
But they have to go through the process of amending the Constitution.
07:20.4
Now, if we grant them the authority to amend, dapat a little bit higher.
07:24.6
Yung voting requirement, no?
07:28.1
Kasi that's a reserved industry for Filipinos.
07:35.8
If you open it up, dapat mas madaming members of Congress na will approve that.
07:41.8
So, yun lang dalawa.
07:43.2
Subject to two-thirds vote of the House and of the Senate voting separately, no?
07:50.3
Hindi.