Charter Change and Its Possible Effects on Real Estate Industry

Feb 24, 2023

Have you ever wondered how constitutional amendments or revisions could affect the real estate industry? Real estate is a crucial sector in the Philippines that drives economic growth, job creation, and infrastructure development. However, proposed revisions to the Constitution, also known as Charter Change (Cha-cha), have sparked debates on its potential impact on various sectors, including real estate.

Cha-cha refers to proposed amendments to the Philippine Constitution, including changes to the system of government educational institutions, economic provisions, and property ownership laws. It has been a topic of discussion in the Philippines for many years. Still, it gained renewed interest as the government proposed amendments to modernize the country's institutions and address its challenges.

In this article, we'll explore the pros and cons of the proposed federal charter change in the national system of the Philippines and its potential implications for the economy and job creation. We'll also examine why we need Charter Change and its possible effects on the real estate industry.

By the end of this article, you'll better understand Charter Change, its significance to the Philippines, and its possible impact on various sectors, including real estate.


Cha-cha and why do we need it?

Cha-cha can impact the way of living in the Philippines.

Constitutional amendments can affect fundamental rights, access to healthcare, education, social services, economic provisions, and the standard of living.

It's crucial to examine the proposed changes and their effects on various sectors, including real estate and public utilities, to ensure they align with Filipinos' interests and contribute to the country's long-term growth and development.


Definition and Its Purposes

Charter Change, also known as Constitutional Reform, is the process of amending or revising a country's Constitution. In the case of the Philippines, the current Constitution was ratified in 1987, three methods after the People Power Revolution, which overthrew former President and dictator Ferdinand Marcos' regime.

The 1987 Constitution established a democratic government system with various protections for civil liberties, human rights, and economic policies.

One way to revise or amend the Constitution is through a Constitutional Convention, where elected representatives or appointed delegates gather to propose and draft amendments. Recently, the House of Representatives approved a resolution calling for a Constitutional Convention to discuss the proposed Charter Change.


Analysis of Charter Change

Proponents of Cha-cha argue that revising the Constitution is necessary in constitutional order to address these limitations and promote a more efficient and inclusive government system.

Advocates of Cha-cha claim that amending the new Constitution will help the Philippines keep pace with the changing global environment, attract foreign investments, and improve the delivery of public services to citizens.

On the other hand, opponents of Cha-cha warn that the election process could be exploited to serve political and vested interests and undermine democratic institutions.

They also argue that the country continues current Constitution is still relevant and its flaws can be addressed through legislation fundamental law and policy reforms.


Pros and Cons of Charter Change in the Philippines

The potential benefits and risks of Charter Change are highly debated among Filipinos.

Here are some of the most commonly cited pros and cons of Constitutional Reform:

Advantages of Charter Change

  1. Economic Growth: Cha-cha could remove some of the restrictions on foreign investment, which could boost the country's economy by attracting more investors and increasing job opportunities. It could also make it easier to establish businesses and start-ups, which could improve the competitiveness of the local market.
  2. Political Stability: Cha-cha could promote political stability by addressing the power struggles between the national and local governments. It could also clarify the responsibilities and authority of different branches of the government, which could help prevent conflicts and promote accountability.
  3. Efficient Government: Cha-cha could streamline the government bureaucracy by reducing the number of agencies and officials involved in decision-making processes. It could also remove redundant or outdated provisions, which could make the Constitution more concise and accessible.

Disadvantages of Charter Change

  1. Abuse of Power: This disadvantage relies heavily on the elected officials. Charter Change could be exploited by those in power to consolidate their authority and weaken democratic institutions. It could also lead to the manipulation of the Constitution to serve the interests of a few, rather than the common good.
  2. Lack of Public Participation: The Constitutional Reform could be perceived as undemocratic if it is done without proper public consultation and participation. It could also create a divide between those elected officials or the national government to propose amendments and those who are affected by them.
  3. Uncertainty: Charter Change could create uncertainty in the political and economic environment, which could affect foreign investments and business operation, which could affect foreign investments and business operations. It could also lead to confusion about the rights and responsibilities of citizens and government officials.


Impact the Real Estate Industry

The real estate industry is one of the sectors that could be affected by people's initiative on the Charter Change proposal, as it involved property ownership and foreign investments.

Here are some of the possible effects of people's initiative on Charter Change on the real estate industry.

Property and ownership laws and regulations

  1. Changes in the Constitution could affect property ownership laws and regulations. For example, it could change the 60/40 rule that limits foreign ownership of properties in the Philippines. This could attract more foreign investors and stimulate the local real estate market.
  2. However, it could also lead to concerns about the impact of foreign ownership on the local economy and culture.

Effects on foreign investment and local market competitiveness

  1. Constitutional Reform could also impact the competitiveness of the local real estate market. Removing restrictions on foreign investment could increase competition in the industry, which could lead to higher-quality properties and better services for consumers.
  2. However, it could also lead to challenges for local businesses that may struggle to compete with the foreign investor.

Potential impact on the economy and job creation in the industry

  1. The real estate industry plays a significant role in the Philippine economy, accounting for a significant portion of the country's GDP and employing millions of people. Changes to property ownership laws and foreign investment regulations could have a ripple effect on the entire economy, including job creation and income levels in the industry.

It's important to note that the impact of changes in the Constitution on the real estate industry is still uncertain and depends on the specific changes that are made.

As with any significant policy reform, there will be winners and losers, and it's up to the government and industry stakeholders to ensure that the changes are fair and inclusive.


The Constitutional Reform is a complex and divisive issue in the Philippines, and its impact on the real estate industry is just one of many factors public officials have to consider.

While there are potential benefits to revising the Constitution, it's crucial to ensure that the process is a transparent and inclusive executive order to avoid any unintended consequences.

As Filipinos, it's our responsibility to stay informed about Charter Change and engage in constructive dialogue about constitutional change with all its members' pros and cons.

By working together as a convention constituent assembly or congress, we can vote jointly and ensure that any changes to the Constitution serve the common good and promote the long-term growth and stability of the Philippines and its industries and natural resources, including natural resources real estate.


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