PIA HONTIVEROS (PH): Our first guest tonight joining us today via Zoom and in this first segment of the show, Senator Chiz Escudero. Good evening to you.
SENATOR CHIZ ESCUDERO (CHIZ): Pia, good evening. To all of our televiewers and subscribers, good evening.
PH: Well, Senator Chiz, let’s begin with what the president was saying that puwede namang mag-invest eventually itong pension funds doon sa Maharlika Investment Fund Bill. What is it sound like to you?
CHIZ: Pia, my understanding of the amendment proposed by some of the Senators, actually a lot of them, Majority of them belong to the administration’s party, would like an absolute ban on this pension funds investing not only in the seed capital but even in the future. Because it’s a slippery slope, Pia, because when the President said It’s up to them if it’s earning or not. You have to bear in mind that all of the members of the board are appointees of the president. So hindi naman talaga ganoon ka-independent ‘yong desisyon at pagpapasya halimbawa ng PhilHealth, ng GSIS, ng SSS, ng OWWA. They will follow most likely if there is an instruction made or given by the President.
PH: Senator Chiz, let’s go back to that in just a bit but I want to tackle first this—well you’re not being present or your absences during the voting. Should people wonder about that, should they read the meaning, any meaning in to that?
CHIZ: Well Pia, an absence or non-participation, an abstention and a no-vote have one and the same effect. Kasi ang binibilang lamang naman sa pagbasa ng ano mang panukalang, an affirmative or positive vote for as long as there is a majority of quorum making such an affirmative or positive vote. In my case Pia, hindi ko inakalang matatapos nila, tatapusin nila ng gabing ‘yon akala ko kinaumagahan na ‘yong botohan. But having said that, I would have had strong reservations about voting in favor given the constitutional and legal questions I raised before the period of amendments began.
PH: So, you are saying if you would have had strong reservations about voting in favor of it you would have voted “no” if you were there anyway? That is why it’s the same—pareho lang naman, if ever.
CHIZ: I would have not abstained, Pia.
PH: You would have not abstained. So, it would have not been a “yes”, wouldn’t have been a “no”. Let’s talk about your main criticism of the bill. Is it because as you’ve explained, you believe it is constitutionally infirm because it effectively creates a new GOCC. You’re talking about Article 12, Section 16 and I want to very quickly read it so we could quote correctly, ‘no? And we quote, “The Congress shall not except by general law provide for the formation, organization or regulation of private corporations, GOCCs may be created or established by special charters in the interest of the common good and subject to the test of economic viability”. This is very important to you.
CHIZ: So, there are three requirements, Pia, provided for in the Constitution there is a new provision not found in the ‘35 and ‘73 constitution given our experience during Martial Law kung saan piso isa ang kini-create ng GOCC na ang lahat ng mga nalugi at binalikat ng taumbayan ‘yong pagbabayang ng mga utang na pinasukan nila pagkalugi nila. That is the reason behind this provision it provides certain requirements by special law, by special charter. Ibig sabihin, “act of Congress. Pangalawa, in the common good madaling sagutin ‘yon. Pangatlo, subject to the test of economic viability. Hiningi ko ‘yon, hiningan ko ‘yon mula pa n’ong unang hearing na in-attend-an ko, Pia, pero ni minsan hindi nila pinakita at ang ipinakita sa akin noong period of interpellation sa plenary ay ang pamagat ay “Business Proposal,” ni hindi test of economic viability at ang pinag-usapan lamang ay kaugnay sa pag-invest sa security or stocks at walang sinabi na analysis kaugnay ng pag-invest sa mga infrastructure projects, actual infrastructure projects. Samantala nakasulat sa bill, nakasulat sa mga pananaw at opinyon na sinagot sa plenaryo at sa mga press release ng mga economic managers na puwede silang mag-invest, itong Maharlika Investment Fund sa kalye, sa dam, sa tulay, sa airport, sa gusali walang test of economic viability silang ipinakita sa amin doon.
Naniniwala ako, Pia, na ito’y condition precedent hindi dapat magpasa o maglikha ang Kongreso kung wala ito. Puwede naman nila kaming lokohin, biruin o pasakayin pero dapat naman sumunod at tumupad doon sa itinatalaga ng Saligang-Batas. Ayon na rin sa mahabang debate ng framers ng constitution natin, kabilang na sila dating COMELEC Chairman (Christian) Monsod, kabilang si dating Secretary Blas Ople at kabilang na rin si dating Chief Justice (Hilario) Davide.
PH: Senator Chiz, are you saying that this can be challenged in the Supreme Court? And if it is brought before the Supreme Court, would it take jurisdiction on this?
CHIZ: I will not be the one to do it, Pia, but I was trying to again when I deliver the manifestation. I said I’m delivering this manifestation as amicus curiae, as a friend of the court, as a friend of the Senate, as a friend of Congress that this is what it should be done if you really want to do it. But they set it aside in the interest of time management, in the interest of haste decided to pass it not with a standing. Now this opens it up to possible constitutional scrutiny.
Another possible constitutional scrutiny, Pia, would be common good. They took it lightly; they taught common good was basically a generic term found in most political science or sociology books. But the constitutional framers of the 1987 Constitution had a specific intent. Ang depinisyon nila, Pia, ng common good ay dapat ‘yong papasukang negosyo ng GOCC ay ‘yong serbisyo na hindi pinapasukan ng private sector involving public interest. Kabilang na ang pagbibigay ng kuryente, pagkolekta ng basura. ‘Yong mga ganoong uri ng serbisyo at ayon din sa kanila, nagdedebate sila ang depinisyon ng “common good” ay hindi dapat makipagkumpetensya ang gobyerno sa pamamagitan ng isang GOCC sa pribadong sector kung kaya naman nilang gawin at dati na nilang ginagawa ‘yong aktibidad na ‘yon. Well, I guess investing in stocks, investing in corporations has the age-old function of most businesses, private businesses in the Philippines.
PH: So, I guess Senator Chiz, kahit na dumaan na sa bicameral conference committee, sa bicam hindi pa rin tapos itong istorya ng Maharlika Investment Fund Bill. Senator Chiz Escudero, thank you very much for joining us this evening. Salamat po, Sir.
CHIZ: Thank you, Pia. Sa ating televiewers, magandang gabi sa inyong lahat at maraming salamat. Ingat.