Former Supreme Court Associate Justice Antonio Carpio on Friday said the 1987 Constitution should be amended to allow foreigners to own public utilities because the amended Public Services Act allowing increased foreign ownership is illegal.
Carpio was referring to the amended Public Services Act which allows 100% foreign ownership of public services such as telecommunications and railways, among others.The law reclassifies telecommunications, railways, airlines, and logistical facilities as public services from their previous classification as public utilities .Under the 1987 Constitution, foreigners may only own up to 40% of public utilities ."They redefined the term public utility.
It will erase the power of the Supreme Court. If I were in the Supreme Court now, I would declare it unconstitutional because that is the very essence of judicial power, to interpret the Constitution. So my fear is that the Supreme Court will strike down the amended Public Service Act," he added.
Charter Change Foreign Ownership Public Utilities
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