Garbin cites laws’ ‘lack of constitutional precision’ in Cha-cha bid

MANILA, Philippines — Ako Bicol party-list Rep. Alfredo Garbin Jr. urged lawmakers to revise the 1987 Constitution to secure the Philippines’ maritime rights in the West Philippine Sea and modernize the charter’s economic provisions.

He said that current laws “lack constitutional precision,” leaving the country vulnerable to foreign challenges. He also said this situation hinders the country’s ability to compete in a globalized economy.

Garbin, who filed Resolution of Both Houses (RBH) No. 1 in July this year, explained his position during the hearing of the House committee on constitutional amendments on Wednesday. 

“Today, we find ourselves navigating a complex geopolitical environment with a constitutional definition rooted in a world that no longer exists,” he said.

“Our National Territory clause, while noble and well-intentioned, does not explicitly reflect our rights under UNCLOS (United Nations Convention on the Law of the Sea), our entitlement to our exclusive economic zone and continental shelf, nor authority over archipelagic waters, and the full legal weight of the arbitral ruling in favor of the Philippines,” he explained.

“Because of this, foreign powers continue to question our claims, and to include upon waters that international law says are ours, and to cast doubt on the clarity of our sovereign rights. Part of the reason they find room to do so is the lack of constitutional precision,” he added. 

The lawmaker pointed out that Article 1 of the 1987 Constitution was drafted before the UNCLOS was fully implemented and “long before the Philippines achieved the historic 2016 Arbitral Award that affirmed our sovereign rights in the West Philippine Sea.”

He believes, “our highest law must speak with certainty where others seek to solve confusion by updating the National Territory Provision.”

“We assert clearly, firmly, and unambiguously that the Philippines stands on the side of rule-based international order, and that our Constitution aligns with UNCLOS, and that our sovereign rights in the West Philippine Sea are not a matter of negotiation, but a matter of law,” he said. 

Since January, Philippine authorities have monitored the movements of Chinese Coast Guard vessels “unlawfully operating” within the Philippines’ exclusive economic zone.

Beijing’s continued aggression was based on its assertion of sovereignty over almost the entire South China Sea, including most of the West Philippine Sea, as it continues to reject the 2016 arbitral ruling that effectively dismissed its claims and ruled in favor of Manila.

Apart from Articles I (National Territory), Garbin’s RBH No. 1 likewise seeks to amend Articles XII (National Economy and Patrimony), XIV (Education, Science, Technology, Arts, Culture and Sports), and XVI (General Provisions).

Regarding the Constitution’s economic provisions, the lawmaker noted that they were drafted “at a time of deep national fear and fragility.”

He had earlier stated that RBH No. 1 aims to insert the phrase “unless otherwise provided by law” into the economic provisions, allowing the opening of an industry to foreign ownership through bills passed by Congress.

“We are competing on a global economy defined by technological innovations, shipping supply chains, and unprecedented investment flows,” he observed.

“Our Asian neighbors have aggressively modernized the economic frameworks, while we remain constrained by rigid constitutional limitations that prevent us from adapting to current realities,” he said.  

“Amending the economic provision does not mean surrendering control of our patrimony. It means empowering the Filipino people, the Filipino worker, the Filipino innovator, the Filipino entrepreneur to compete on equal footing with the world,” Garbin noted.

“By allowing Congress to regulate foreign participation through ordinary legislation rather than constitutional rigidity, we create a flexible, dynamic, and evidence-based policy environment that can evolve with time and circumstances. This is not a radical shift,” the lawmaker remarked. /apl