RBH0007

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NINETEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES


Second Regular Session

REsOLUTION OF BOTH HOusEs Nor -.

Introduced by Representatives Aurelio "Dong" D. Gonzales, Jr. David "Jay-jay" C.


Suarez, Manuel Jose ".Mannix" M. Dalipe

A RESOLUTION OF BOTH HOUSES OF CONGRESS PROPOSING AMENDMENTS


TO cERTAiN EcONOMlc p.ROvlsioNs OF THE 1987 cONSTiTUTioN OF TriE
REPUBLIC OF THE PHILIPPINES, PARTICULARLY ON ARTICLES XII, XIV AND Xvl

WHEREAS, the Constitution is the supreme law of the land, enshrining the
foundations of our nationhood and reflecting the consensus of our citizenry;

WHEREAS, the nation's economic policy must be refrained under the demands of
this increasingly globalized age, while still protecting the general policy of Filipino-first that
guides the economic provisions of the Constitution;

WHEREAS, there is a need to institutionalize the reforms laid down in the Public
Service Act to liberalize industries, promote efficient service delivery, and foster
competition as an enduring policy;

WHEREAS, our children deserve to have access to the best educational


institutions, both Filipino and foreign, to ensure that they receive the best training to
become globally competitive citizens in the modern world;

WHEREAS, the advertising industry currently already has foreign players and
liberalizing the same is a logical and sound policy to attract foreign direct investment in
that industry;

RESOLVED BY THE CONGRESS, upon a vote of three-fourths (3/4) of all its


Members, pursuant to Article Xvll of the Constitution, to propose amendments to Articles
XII, XIV & Xvl of the 1987 Constitution of the Republic of the Philippines, with the following
proposals:

1. Section 11 of Article Xll (National Patrimony and Economy) is amended to read


as follows:

"Section 11. No franchise, certificate, or any other form of authorization for


the operation of a public utility shall be granted except to citizens of the
Philippines or to corporations or associations organized under the laws of the
Philippines, at least sixty per centum of whose capital is owned by such
citizens, UNLESS OTHERWISE PROVIDED BY LAW; nor shall such
franchise, certificate, or authorization be exclusive in character or for a longer
period than fifty years. Neither shall any such franchise or right be granted
except under the condition that it shall be subject to amendment, alteration, or
repeal by the Congress when the common good so requires. The State shall
encourage equity participation in public utilities by the general public. UNLESS
OTHERWISE PROVIDED BY LAW, the participation of foreign investors in the
governing body of any public utility enterprise shall be limited to their
proportionate share in its capital, and all the executive and managing officers
of such corporation or association must be citizens of the Philippines."

2. Paragraph 2, Section 4 of Article XIV (Education, Science and Technology,


Arts, Culture, and Sports), is amended to read as follows:

"Section 4. (2) BASIC edu.cational 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 sixty 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, UNLESS OTHERWISE PROVIDED
BY LAW."

3. Paragraph 2, Section 11 of Article Xvl (General Provisions), is amended to


read as follows:

"Section 11. (1 ) xx

(2) xxx

Only Filipino citizens or corporations or associations at least seventy per


centum of the capital of which is owned by such citizens shall be allowed to
engage in the advertising industry, UNLESS OTHERWISE PROVIDED BY
LAW.

UNLESS OTHERWISE PROVIDED BY LAW, the participation of foreign


investors in the governing body of entities in such industry shall be limited
to their proportionate share in the capital thereof, and all the executive and
managing officers of such entities must be citizens of the Philippines."

Adopted,

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