COMMITTEE ON CONSTITUTIONAL AMENDMENTS
Sub Committee 1 on the Review of Articles VI, VII & X of the 1987 Constitution
SALIENT FEATURES THE PROPOSED DRAFT CONSTITUTION OF THE FEDERAL REPUBLIC OF THE PHILIPPINES ON THE FORM & STRUCTURE OF GOVERNMENT, STATES AND LOCAL GOVERNANCE
FORM OF GOVERNMENT The Parliament •
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The legislative power shall be vested in the Parliament of the Federal Republic of the Philippines which shall consist of the Federal Assembly, as the national Legislative Department, and the Senate, as the legislative bod y representative of the regions.
The Federal Assembly shall be composed of not more than three hundred members unless otherwise provided for by law. Eighty per centum (80%) of the members of the the Federal Assembly shall be elected by plurality votes where each single member legislative electoral district shall have one (1) seat in the Federal assembly. The remaining twenty per centum (20%) of the Members of the Federal Assembly shall be elected through a party-list system of registered federal or regional sectoral parties or organizations. The party-list representatives shall be elected at large. They shall represent the marginalized sectors of Philippine society which includes labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, youth, veterans, overseas workers and seafarers. All sectors shall be represented by at least one party-list as shall be provided by law. law. The Members of the Federal Assembly shall hold a term of five (5) years with a maximum of two (2) consecutive terms.
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Each single member legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least three hundred fifty thousand (350,000), or each province, shall have at least one member of the Federal Assembly. Each of the districts shall be entitled to an annual share in the state and federal budgets for its infrastructure, as well as for the medical, educational and social services of its inhabitants. Each member of the Senate and of the partylist shall likewise be entitled to
an amount not less than the allocation of a district from the state and federal budgets for their constitutents within the region or nationwide.
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Each State shall have a minimum of three seats in the Senate. The senators receiving the three highest number of direct votes by registered voters in a region shall represent t heir region in the Senate. The FEDERAL ASSEMBLY shall elect its Speaker and the Senate, its President, by a majority vote of all its respective Members. The Federal Assembly and the Senate shall each choose such other officers as it may deem necessary. A separate Article on Political Parties i s hereby proposed with provisions on the following: 1) against turncoatism; 2) provision on financial support from the national national government; and 3) dual party system
The President •
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The President of the Philippines shall be the head of state symbolizing the sovereignty of the people, and the unity unity and solidarity of the nation .
The President shall be elected by direct vote of the people for a term of five years with one re-election, which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date five years thereafter. there after. The powers of the President shall include i nclude the following: Oversight power over all branches of government (legislative/executive, o judiciary), consitutional bodies, independent bodies, departments, departments, agencies and offices of the government o Head of international relations and foreign affairs o Commander-in-Chief of the Armed Forces of the Philippines o Appointing power o Pardoning power o Residual power The functions of the President shall include the following: o Represent the country in all foreign relations relati ons Ensure the sovereignty of the country o o Head of the armend forces Enter into treaties o o Appoint the following officials Members of the Judiciary including justices of the Supreme Court, Federal Supreme Court, Sandiganbayan, Court of Appeals, Court of Tax Appeals and all other judges of the lower courts Members of the Constitutional and independent bodies Officers of the Armed Forces of the Philippines from the rank of brigadier general or commodore Foreign Affairs officials from the rank of Director IV ▪
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Foreign Service Officers from the rank of deputy Ambassadors and Deputy Consuls, including special envoys Address the Parliament on the State of the Nation Address at the opening of its regular session Proclaim the election of the Prime Minister Grant reprieves, commutations, and pardons, as well as absolve fines and forfeitures, after conviction by final judgment, j udgment, except in cases of impeachment, or as otherwise provided in the Constitution ▪
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All powers, functions and limitations of the President of the Philippines under nineteen eighty-seven (1987) constitution and the laws of the land which are not herein provided for or conferred upon by any official shall be deemed, and hereby, vested in the prime minister, unless otherwise provided by the constitution.
The Prime Minister and the Cabinet •
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The head of government shall be the Prime Minister. The Prime Minister and the Cabinet shall constitute the government and exercise executive power. The Prime Minister shall be elected by a majority of all the members of the Parliament from among themselves. The functions of the Prime Minister shall include the following: Prepare the program of government o o Prepare the annual budget of the Federal Republic Execute all laws, lawful orders and a nd decisions of the Federal Supreme Court o o Enter into contracts, including loans, on behalf of the government The Prime Minister shall appoint all heads of executive offices, including cabinet members and the police officials form the rank of Police Director. The Members of the Cabinet may be removed at the discretion of the Prime Minister. The Prime Minister or any member of the Cabinet may resign from the Cabinet for any cause without vacating his seat in parliament.
Transitory Provisions •
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The first election under this Constitution shall be held on the second Monday of May 2022. Following the adoption of this Constitution, the present Co ngress shall be dissolved. The Senate and the House of Representatives shall be replaced by an interim Parliament that shall exist immediately and shall continue until the members of the regular Parliament shall have been elected and assumed office. The Members of the interim Parliament shall be the incumbent Members of the Senate and the House of Representatives and by appointment of the President, the Members of the Cabinet with portfolio. The interim Prime Minister shall be elected by a majority vote of all the Members of P arliament. He shall be a Member of the Cabinet. 3
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The incumbent President shall exercise all the powers and functions of the head of state and head of government under this Federal Constitution until t he election of the next President and Prime Minister in May 2022. He shall appoint the new Cabinet from among the Members of Parliament. He shall have supervision and direction over the interim Prime Minister and Cabinet. The first regular elections for the President of the Federal Republic of the Philippines shall be held on the second Monday of May 2022. He shall be elected by direct vote of the people for a term of five f ive (5) years. The Vice-President shall continue until 2022 to exercise her powers and prerogatives as VicePresident under the 1987 Constitution. The seats allocated to party-list representatives shall be filled by election in accordance with Republic Act No. 7941 1or the Party-list System for f or the May 2022 national elections. Thereafter, Parliament shall enact a law on party-list or se ctoral representation under this Constitution.
STRUCTURE OF THE REPUBLIC Federal Government And The States General Provisions •
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The States shall not signify the establishment of a distinct sovereignty and the states shall remain integral and inseparable inseparable parts of the country. country. States or local governments or any of its territory shall not secede from the Federal republic and any act of secession shall be dealt with under Federal laws. Local Governments shall not form a new and separate state unless the Constitution is amended or revised. Province, highly urbanized city, or independent component cities may transfer or merge with the states contiguously located to their territorial boundaries, subject to the approval by a majority of the votes cast in a plebiscite in the directly affected province or highly urbanized city and in a plebiscite in the state where the said province or highly urbanized city may be merging. The Federal Supreme Court shall resolve any conflict between Federal Parliament and State Assemblies. Powers and Functions of Federal Government and States
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The Federal Government shall shall have exclusive legislative powers powers over the following: following:
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National defense and security; Foreign affairs; Currency, money and coinage; Trade and commerce with other other countries and among states; Customs ; Borrowing money on public credit of the federation; Immigration and citizenship; National territory ; Transportation, postal service and telecommunications;
As proposed by Reps. Eugene Michael De Vera and Aurelio “Dong”Gonzales contained in RBH 08.
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10. Intellectual property rights; 11. National 11. National finance – finance – taxation, taxation, budget and audit 12. Meteorology , standards of weights and measures; and time regulation; 13. Federal aid to states; and 14. Census, surveys and statistics. •
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The Federal Government, through the Prime Minister, shall exercise general supervision over the state governments. Each state shall have exclusive legislative powers over the following: 1. State and local elections; 2. State civil service; 3. State justice; 4. Public transportation and public utilities; 5. State socio economic planning; 6. State finance; 7. State aid to local governments; 8. Agriculture and fisheries; 9. Forestry; 10. Environment and natural resources; 11. Industrial development; 12. Mining; 13. Waterworks; 14. Administration and enforcements of state laws and programs; 15. Basic and secondary education and state state higher education; 16. Cultural development; 17. Regional and local language development; 18. Police and law and order; 19. State public works; 20. Games and amusement; and 21. Marriage.
The following areas shall be the concurrent powers of the Federal government and the states : 1. Administration and enforcement of Federal laws and programs; 2. Health; 3. Education ( Federal standard for and regulation o f higher education; standard setting for and assistance to basic and secondary education); 4. Social security 5. Social welfare; 6. Cultural development; 7. Sports development; 8. Research and development for agriculture, forestry, fisheries, environment and natural resources, industrial development and mining; 9. The establishment , management and maintenance of penitentiaries; 10. National language development; 11. Public safety/law enforcement; 12. Environmental and ecological protection; 13. Energy; 14. Tourism; 15. Ancestral domain; 16. Population management; 17. Labor and trade unions; 18. Science and technology;
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19. Common infrastructure - national power grid; roads, highways, airports, seaports, railway; 20. To charter cities and create municipalities.
States • •
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The basic political units of each state are the p rovinces, cities, municipalities and barangays. Each State shall have its own State Constitution, adopt its name, and choose a capital, flag, anthem and seal. The territory of the Federal Republic are divided into the following states: (1) The State of Luzon; (2) The State of Visayas; (3) The State of Mindanao; (4) The State of The Bangsamoro; and (5) The State of Metro Manila which is also the seat of the Federal Government The constitution of each State shall define the basic structure of government for the state. Each State shall have a unicameral unicameral State Assembly which shall exercise the legislative power of the state government. government. Each State Assembly shall be composed of two representatives directly elected from each province and one representative directly elected from each higly urbanized or independent cities. Each state shall have a Premiere who shall ex ercise the executive power of the state government. The premiere shall be elected by the majority of all the members members of the state assembly. The Premiere shall have the power to appoint state cabinet members and other state government positions as may be provided in the state organic act. The terms of office of elective state and local officials, which shall be provided by law, shall be five (5) years and no such such official shall serve for more than than two (2) consecutive terms. Amendments or revisions in State organic acts shall only be effective upon approval of majority of the votes cast in a state in a plebis cite. Each state shall organize, supervise and maintain their own police agencies to ensure the preservation of peace and and order. State governments shall be held accountable by, among others, the Federal Commission on Audit, Ombudsman, Federal Civil Service Commission, and the courts to ensure adequate state fiscal and accountability mechanisms. State governments shall exercise general supervision over Local Governments. The state shall exercise supervisory authority directly over provinces, highly urbanized cities, a nd independent component cities; and through the province with respect to component cities and municipalities. Finance and Revenue Sharing
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As provided in the State and Local Government Code, there shall b e an equalization fund which shall comprise an unconditional, general purpose block grant and conditional and matching grants as an incentive for state governments. A National Finance Commission composed of a chairperson and four members appointed by the president shall be created to recommend the allocation of the equalization fund.
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State governments shall be entitled to at least fifty (50%) in the proceeds of the utilization and development of the national wealth including sharing the same with the inhabitants by way of direct benefits. State governments and local governments shall have a just share in the national Federal taxes and revenues which shall be automatically released to them provided that the share of state governments shall not be less than sixty percent (60%) of all national taxes and revenues.
A fair and equitable system of sharing and equalization between the states and local governments shall be enacted by the Parliament provided that the share of state governments shall be adjusted in accordance with the needs and capacity of a state.
Transitory Provisions
State Autonomy •
The process of establishing state autonomy shall be as follows: 1. Within a period of eighteen (18) months from the ratification of the constitution, Parliament shall enact a comprehensive State and Local Government Code applicable symmetrically to all states. Upon its enactment a State Commission which shall act as the interim State Government shall be established. 2. Federal Government shall gradually devolve and decentralize functions and responsibilities to states. 3. After a minimum period of five years after the organization of the state commission, and upon two-third (2/3) (2/3) majority vote by the commission and the state consultative assembly, voting separately, or by state people’s initiative as determined by law within a specific state, the state commission shall propose an organic act to be enacted by the Parliament.
State Commission •
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Each State Commission, acting as the interim state government, shall be composed of the incumbent governors of provinces and mayors of highly urbanized cities and independent component cities within the state. The State Commission shall act as a collegial body with legislative and executive powers. Chairmanship of each state commission shall be by succession and rotation among its members with a one-year term each. A State Chief Administrator shall be elected by the Commission and exercise the executive functions of the commission and act as the chief executive official of the state. incumbent members of the Commission are prohibited from acting as the State Chief Administrator. State government positions are appointed by the Commission. It shall also create government offices and bureaucracy.
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In exercising legislative power, the Commission shall be assisted by a stat e consultative assembly composed of three (3) representatives from each of the legislative assemblies of each province, highly urbanized city and independent component cities.
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