A former Associate Judge of the Philippines Supreme Court says the new Public Service Bill before Parliament was unconstitutional as it seeks to exclude telecommunications from the list of public utilities.
Antonio Carpio (pictured) said that aside from the proposed law being illegal, it could pose a serious national security risk if it were enacted.
The Bill seeks to amend the Public Service Act to exclude telecommunications companies, paving the way for full foreign ownership and control.
Mr Carpio predicted that the Supreme Court would reject the measure if it passed both Houses of Parliament.
“The Supreme Court is the final interpreter of words and phrases in the Constitution. If Congress passes a law interpreting and redefining these terms and phrases you are taking away the power of the Supreme Court,” Mr Carpio said.
“This is a turf war between the Congress and the Supreme Court,” he said.
“It is the Supreme Court that will decide and it will also decide that Congress cannot interfere in the power of the Supreme Court to be the final arbiter of interpreting the Constitution.”
The Constitution limits the ownership, operation, management and control of public utilities to Filipino citizens or corporations.
Mr Carpio said the obvious concern was that the law would allow Chinese companies to take control of the country’s telecommunications networks.
“Chinese law is mandating that all Chinese companies, as citizens, must disclose to their intelligence services any information required by the intelligence service,” he said.
Manila, 21 September 2020
