Solon wants to form Constitutional Convention to amend 1987 Constitution

Metro Manila (CNN Philippines, January 30) — A lawmaker filed a bill pushing to elect members to a constitutional convention that will propose amendments to the 1987 Constitution.

“I just filed my proposed measure creating or calling for Constitutional Convention for us to elect our representatives who will be proposing or crafting or drafting the proposed amendments to the 1987 Constitution,” Kabayan Rep. Ron Salo told CNN Philippines’ The Source on Monday.

Amending the Constitution crafted after the ouster of dictator Ferdinand E. Marcos has always been a divisive issue amid fears charter change or "cha-cha" will be abused. Previous attempts to tinker with the Constitution have failed.

“Specifically, I am focusing on the economic provisions of the Constitution. Now, we have achieved 7.6% GDP (Gross Domestic Product) growth for 2022, but definitely, I'm sure we will achieve more if we liberalize more our economic provisions in the Constitution,” Salo said.

In the explanatory note of House Bill 6920, Salo said that restrictions on foreign ownership prioritize Filipino citizens. However, the country lacks capital to boost the economy and develop natural resources.

He said it is high time to ease these restrictions “to encourage the free flow of capital in the country and pave the way to global competitiveness.”

Salo noted three ways to amend or revise the charter: through a constituent assembly, constitutional convention, or people’s initiative.

He said people’s initiative is the most democratic process, but is limited to amendments and not revisions to the Constitution. Meanwhile, a constituent assembly may be a concern for some since this will allow sitting lawmakers to propose amendments, raising the issue of conflict of interest.

“In this particular proposal, using a constitutional convention, we will be electing members of this particular convention who will be the one to propose possible amendments to the Constitution, so that particular conflict of interest does not come in,” Salo pointed out.

He said the convention will be composed of 310 members – a delegate each from the 243 legislative districts and the rest from the party-lists - elected by the people.

The bill states that the election of delegates to the convention shall be conducted on the third Monday of January 2024. If passed into law, the Commission on Elections (Comelec) will be given 30 days to implement the rules and regulations for a fair and efficient election.

Within 45 days from the date of election, the constitutional convention shall formally convene, organize its affairs, and members take their oath. It shall propose, deliberate, approve, and submit for ratification the proposed amendments to the Constitution within 24 months.

“The amendments to or revision of, the Constitution proposed by the constitutional convention shall be valid when ratified by a majority of the votes cast in a plebiscite which may be held simultaneous with the national and local election or not earlier than sixty (60) days nor later than ninety (90) days after the approval of such amendments or revision,” the bill read.

The body will adjourn upon the submission of the proposal for ratification to the Comelec, and will be deemed terminated upon final adjournment.

The constitutional convention to amend the charter is not new. It was done in 1971 to change the colonial-era 1935 Constitution, but was marred with controversies, including alleged bribery. President Ferdinand E. Marcos declared martial law in September 1972.