Draft Constitution of a Unitary State with Unicameral Parliament, Regional Government and Liberalized Foreign Investments, with provision for Federalization, TanDem, 2018

CONSTITUTION OF 2018

OF THE

REPUBLIC OF THE PHILIPPINESⁱ

 

Preamble

We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, truth, and equality, do ordain this Constitution.ⁱⁱ

 

ARTICLE I

The National Territory

 
    Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.ⁱⁱⁱ

 

ARTICLE II

Declaration of Principles and State Policies

  
    Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.^iv

Section 2. The defense of the State is the prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.^v

Section 3. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.^vi

Section 4. The State recognizes the sanctity of the family. It shall strengthen the family as a basic social institution. The State shall equally protect the life of the mother and the life of the unborn from conception. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government.^vii

Section 5. The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being.^viii

Section 6. The State shall promote social justice to ensure the dignity, welfare, and security of all the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of private property, and equitably diffuse property ownership and profits.^ix

Section 7. The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living.^x

Section 8. Civilian authority is at all times supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the people, the establishment of the State, and the integrity of the national territory.^xi

Section 9. The State shall afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. The State may provide for compulsory arbitration.^xii

Section 10. The State shall promote the autonomy of local government units, to ensure their full development as self-reliant communities.^xiii

ARTICLE III

Citizenship

 
    Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.

(2) Those whose fathers and mothers are citizens of the Philippines.

(3) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship, pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.^xiv

(4) Those who are naturalized in accordance with law.^xv

Section 2. Citizens of the Philippines who marry aliens shall retain their Philippine citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.^xvi

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.^xvii

Section 4. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.^xviii 

ARTICLE IV

Bill of Rights

 
    Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.^xix

    Section 2. Private property shall not be taken for public use without just compensation.^xx

    Section 3. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and whatever purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as maybe authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.^xxi

    Section 4. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety and order require otherwise.

    (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.^xxii

    Section 5. The liberty of abode and of travel shall not be impaired except upon lawful order of the court, or when necessary in the interest of national security, public safety, or public health.^xxiii

    Section 6. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, shall be afforded the citizen subject to such limitations as may be provided by law.^xxiv

    Section 7. The right to form associations or societies for purposes not contrary to the law shall not be abridged.^xxv

    Section 8. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.^xxvi

    Section 9. No law shall be passed abridging the freedom of speech, or the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.^xxvii

    Section 10. No law impairing the obligation of contracts shall be passed.^xxviii

    Section 11. No ex post facto law or bill of attainder shall be enacted.^xxix

    Section 12. No person shall be imprisoned for debt or non-payment of a poll tax.^xxx

    Section 13. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.^xxxi

    Section 14. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it.^xxxii

    Section 15. All persons, shall have the right to a speedy disposition of their cases in all judicial, quasi-judicial, or administrative bodies.^xxxiii

    Section 16. No person shall be held to answer for a criminal offense without due process of law.^xxxiv

    Section 17. All persons, except those charged with offenses punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong shall, before conviction, be bailable by sufficient sureties. Excessive bail shall not be required.^xxxv

    Section 18. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustified.^xxxvi

    Section 19. No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible in evidence.^xxxvii

    Section 20. Excessive fines shall not be imposed nor cruel or unusual punishment inflicted.^xxxviii

    Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.^xxxix

    Section 22. Free access to the courts, quasi-judicial or administrative bodies shall not be denied to any person by reason of poverty.^xl

 

ARTICLE V

Duties of Citizens

 
    Section 1. It shall be the duty of the citizen to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society.^xli

    Section 2. The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others.^xlii

    Section 3. It shall be the duty of every citizen to engage in gainful work to assure himself and his family a life worthy of human dignity.^xliii

    Section 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote.^xliv
 

ARTICLE VI

Suffrage

 
    Section 1. Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen years of age or over and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months preceding the election. No literacy, property or other substantive requirement shall be imposed on the exercise of, suffrage. Congress shall provide a system for the purpose of securing the secrecy and sanctity of the vote.^xlv 

ARTICLE VII

Congress^xlvi

Section 1. The Legislative power shall be vested in Congress.^xlvii

Section 2. Unless otherwise provided by law, Congress shall be composed of not more than two hundred district representatives, who shall be elected from among the provinces, cities and metropolitan areas; of not more than fifty sectoral and people's representatives, who shall be elected from among the sectors and peoples as provided by law;^xlviii and of twenty-four regional representatives who shall be elected from among the regions as provided by law.^xlix

District representatives shall be apportioned among the provinces, cities and metropolitan areas in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive. Each district shall comprise, as far as practicable, contiguous, compact, and adjacent territory.^l

Sectoral and people's representatives^li shall constitute twenty percent of the total number of district, sectoral and people's representatives,^lii excluding the regional representatives.^liii

Congress may by law change the name of Congress and the title of its members.^liv

Section 3. (1) The Members of Congress shall be elected for a term of five years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.^lv

(2) In case Congress is dissolved, the Members elected in new elections shall serve the unexpired portion of the term from the time the President convenes Congress, which shall not be later than thirty days immediately following the elections.^lvi

(3) Unless otherwise provided by law, no Member of Congress shall serve for more than three consecutive terms.^lvii

(4) Congress shall by law provide for a system of recall for district, regional, sectoral and people's representatives.^lviii

(5) Unless otherwise provided by law, the recall of any elective district, regional, sectoral or people's representative may be validly initiated upon petition of at least twenty-five percent (25%) of the total number of registered voters in the district, region, sector or people concerned during the election in which the representative sought to be recalled was elected.^lix

(6) Unless otherwise provided by law, any elective district, regional, sectoral or people's representative may be the subject of a recall election only once during the term of office concerned for loss of confidence, and no recall shall take place within one (1) year from the date of the representative's assumption to office or one (1) year immediately preceding a regular election.^lx

Section 4. No person shall be a Member of Congress unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the district or region in which he shall be elected, and a resident of the district or region concerned for a period of not less than one year immediately preceding the day of the election.^lxi

Section 5. (1) Unless otherwise provided by law, the regular election of Members of Congress shall be held on the second Monday of May and every five years thereafter.^lxii

(2) In case a vacancy arises in Congress one year or more before a regular election, the Commission on Elections shall call a special election to be held within sixty days after the vacancy occurs.^lxiii

Section 6. Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. It may recess for periods not exceeding thirty days each, and not more than ninety days during the year. However, it may be called to session at any time by the President to consider such subjects or legislation as he may designate.^lxiv

Section 7. (1) Congress shall by a majority vote of all its Members, elect its Speaker from the Members thereof. It shall choose such other officers as it may deem necessary.^lxv

The election of the President shall precede all other business following the election of the Speaker.^lxvi

(2) A majority of Congress shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as Congress may provide.^lxvii

(3) Congress may determine the rules of its proceedings, punish its Members for disorderly behavior, and with concurrence of two-thirds of all its Members, suspend or expel a Member, but if the penalty is suspension, this shall not exceed sixty days.^lxviii

(4) Congress shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal.^lxix

Section 8. (1) The salaries of the Speaker and the Members of Congress shall be fixed by law. No increase in salary shall take effect until after the expiration of the term of the Members of Congress approving such increase.^lxx

(2) The records and books of accounts of Congress shall be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for each Member.^lxxi

Section 9. A Member of Congress shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest during his attendance at its sessions, and in going to and returning from the same; but Congress shall surrender the Member involved to the custody of the law within twenty-four hours after its adjournment for a recess or its next session, otherwise such privilege shall cease upon its failure to do so. A Member shall not be questioned or held liable in any other place for any speech or debate in Congress or in any committee thereof.^lxxii

Section 10. A Member of Congress shall not hold any other office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations with original charters during his tenure except that of President or Member of the Cabinet. Neither shall he be appointed to any civil office which may have been created or the emoluments thereof increased while he was a Member of Congress.^lxxiii

Section 11. No Member of Congress shall appear as counsel before any court, or before any administrative body.^lxxiv Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by, the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation with original charter, during his term of office. He shall not intervene in any matter before any office of the government for his pecuniary benefit.^lxxv

Section 12. (1) There shall be a question hour at least once a month or as often as the rules of Congress may provide, which shall be included in its agenda, during which the President or any Member of the Cabinet may be required to appear and answer questions and interpellations by Members of Congress. Written questions shall be submitted to the Speaker at least three days before a scheduled question hour. Interpellations shall not be limited to the written questions, but may cover matters related thereto. The agenda shall specify the subjects of the question hour. When the security of the State so requires and the President so states in writing, the question hour shall be conducted in executive session.^lxxvi

(2) Congress or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in such inquiries shall be respected.^lxxvii

Section 13. (1) The President serves on the basis of the trust and confidence of Congress. Congress may withdraw its confidence from the President by a vote of two-thirds of all its Members.^lxxviii Upon the removal of the President, the Deputy President shall act as President until a successor is elected. A successor President shall be elected by a majority vote of all the Members of Congress.^lxxix No motion for the removal of the President and the election of a successor shall be debated and voted upon until after the lapse of three days from the submittal of such motion.^lxxx

(2) The President may advise the Head of State in writing to dissolve Congress whenever the need arises for a popular vote of confidence on fundamental issues, but not on a matter involving his personal integrity. Whereupon, the Head of State shall dissolve Congress not later than ten days from his receipt of the advice, and call for an election on a date set by the President which shall not be later than sixty days from the date of such dissolution. However, no dissolution of Congress shall take place within nine months immediately preceding or immediately following a regular election.^lxxxi

(3) In case of dissolution of Congress or the termination of its regular term, the incumbent President and the Cabinet shall continue to conduct the affairs of government until the new Congress is convoked and a new President is elected and qualified.^lxxxii

Section 14. (1) Except as otherwise provided in this Constitution, no treaty shall be valid and effective unless concurred in by a majority of all the Members of Congress.^lxxxiii

(2) Congress, by a vote of two-thirds of all its Members, shall have the sole power to declare the existence of a state of war.^lxxxiv

Section 15. In times of war or other national emergency, Congress may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of Congress, such powers shall cease upon its next adjournment.^lxxxv

Section 16. (1) The President shall submit to Congress within thirty days from the opening of each regular session, as the basis of the general appropriations bill, a budget of receipts based on existing and proposed revenue measures, and of expenditures. The form, content, and manner of preparation of the budget shall be prescribed by law.^lxxxvi

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.^lxxxvii

(3) The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.^lxxxviii

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included therein.^lxxxix

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the Speaker, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may by law be authorized to augment any item in the general appropriations law for their respective offices from saving in other items of their respective appropriations.^xc

(6) If, by the end of the fiscal year, Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by Congress.^xci

Section 17. (1) The rule of taxation shall be uniform and equitable. Congress shall evolve a progressive system of taxation.^xcii

(2) Congress may by law authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts.^xciii

(3) Charitable institutions, churches, personages or convents appurtenant thereto, mosques and non-profit cemeteries, and all lands, buildings and improvements actually, directly, and exclusively used for religious or charitable purposes shall be exempt from taxation.^xciv

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress.^xcv

Section 18. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.^xcvi

(2) No public money or property shall ever be appropriated, applied, paid, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion or for the use, benefit, or support of any priest, preacher, minister, imam, or other religious teacher or dignitary as such, except when such priest, preacher, minister, imam, or other religious teacher or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.^xcvii

Section 19. (1) No bill shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to the Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.^xcviii

(2) Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof.^xcix

(3) No bill except those of local application shall be calendared without the prior recommendation of the Cabinet.^c

Section 20. (1) Every bill passed by Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to Congress. The bill may be reconsidered by Congress and, if approved by two-thirds of all its Members, shall become a law. The President shall act on every bill passed by Congress within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.^ci

(2) The President shall have the power to veto any particular item or items in appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.^cii

Section 21. Congress shall by law recognize the titles of royalty of the southern sultanates within the framework of the Constitution, and subject to the sovereignty of the people, the powers of the government, the establishment of the State, the patrimony of the nation, and the integrity of the national territory.^ciii

Section 22. Congress shall by law provide for a system of initiative and referendum whereby the people can directly propose and enact, or approve or reject, laws or ordinances. Unless otherwise provided by law, a petition shall be signed by at least five percent of the total number of registered voters, of which every legislative district must be represented by at least one percent of the registered voters thereof.^civ

ARTICLE VIII

President

Section 1. Executive power shall be vested in the President.^cv

Section 2. (1) The President shall be the chief executive^cvi and head of the cabinet^cvii. As chief executive, the President shall be known as Pangulo. As head of the cabinet, the President shall be known as Punong Kalihim. A member of the cabinet shall be known as Kalihim. Congress may by law change the title of the President and the members of the cabinet.^cviii

(2) Congress shall by law establish a council of state.^cix The council of state shall be empowered to provide advise to all branches or subdivisions of government, and to all sectors and communities of the people, in all matters of national interest. The Head of State shall be the head of the council of state. The council of state shall be known as the Lupong Pambansa. Congress may by law change the name of the council of state.^cx

Section 3. (1) The President shall be elected from among the Members of Congress by a majority vote of all its Members.^cxi

(2) No person may be elected President unless he is at least forty years of age at the day of his election as President, and a resident of the Philippines for at least ten years immediately preceding his election. However, if no Member of Congress is qualified or none of those qualified is a candidate for President, any Member thereof may be elected President.^cxii

Section 4. There shall be a head of state who shall be elected by a majority of all the Members of Congress.^cxiii Congress shall by law provide for the powers, functions, qualifications, compensation, emoluments, and term of office of the head of state. The head of state shall be known as Lakan. Congress may by law change the title of the head of state.^cxiv In the absence of a head of state elected by Congress, the President shall exercise the powers of the head of state.^cxv

Section 5. (1) The President shall have an official residence and shall receive a compensation to be fixed by law, which shall not be increased or decreased during his term of office. He shall not receive during his tenure any other emolument from the government or any other source.^cxvi

(2) The President shall not during his tenure, hold any appointive office, practice any profession, participate directly or indirectly in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or special privilege granted by, the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations with original charters.^cxvii

Section 6. In case of permanent disability, death, removal from office, or resignation of the President, the Speaker of Congress shall act as President until a successor has been elected.^cxviii

Section 7. The President shall have the following duties and functions: 

(1) Address Congress at the opening of its regular session.^cxix

(2) Advise the Head of State to dissolve Congress and call for a general election as provided herein.^cxx

(3) Accept the resignation of any member of the Cabinet.^cxxi

(4) Attest to the appointment or cessation from office of members of the Cabinet, and of other officers as may be provided by law.^cxxii

(5) Appoint all officers and employees in his office in accordance with the Civil Service Law.^cxxiii
    Section 8. The President shall be immune from suit during his tenure.^cxxiv

Section 9. The President shall be assisted by the Cabinet in the exercise of executive power. The Cabinet shall consist of the Secretaries or heads of departments as provided by law. The President shall be the head of the government.^cxxv

Section 10. The President and the Cabinet shall be responsible to Congress for the program of government and shall determine the guidelines of national policy.^cxxvi

Section 11. The President shall appoint the members of the Cabinet who shall be the heads of departments at least a majority of whom shall come from Congress. Members of the Cabinet may be removed at the discretion of the President.^cxxvii

Section 12. (1) The President shall appoint a Deputy President from among the Members of Congress. The Deputy President shall head a department and shall perform such other functions as may be assigned to him by the President.^cxxviii

(2) The President shall also appoint the Undersecretaries who shall perform such functions as may be assigned to them by law or by the respective heads of departments.^cxxix

Section 13. The President and the Members of the Cabinet, on assuming office, shall take the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as (name of position) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, the last sentence will be omitted)^cxxx

Section 14. The salaries and emoluments of the Members of the Cabinet shall be fixed by law which shall not be increased or decreased during their tenure of office.^cxxxi

Section 15. The President and the Members of the Cabinet shall be subject to the provisions of sections ten and eleven of Article Seven hereof and may not appear as counsel before any court or administrative body, or participate in the management of any business, or practice any profession.^cxxxii

Section 16. The President or any Member of the Cabinet may resign for any cause without vacating his seat in Congress.^cxxxiii

Section 17. The President shall, at the beginning of each regular session of Congress, and from time to time thereafter, present the program of government and recommend for the consideration of Congress such measures as he may deem necessary and proper.^cxxxiv

Section 18. The President shall have control of all departments.^cxxxv

Section 19. The President shall be commander-in-chief of all armed forces of the Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, or rebellion, or imminent danger thereof when the public safety requires it, he may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law.^cxxxvi

Section 20. The President shall appoint the heads of bureaus and offices, the officers of the armed forces of the Philippines from the rank of brigadier general or commodore, and all other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint. However, Congress may by law vest in members of the cabinet, courts, heads of agencies, commissions, and boards the power to appoint inferior officers in their respective offices.^cxxxvii

Section 21. The President may, except in cases of impeachment grant reprieves, commutations, and pardons, remit fines and forfeitures after final conviction, and with the concurrence of Congress, grant amnesty.^cxxxviii

Section 22. The President may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law.^cxxxix

Section 23. All executive powers under the laws of the land which are not herein provided for or conferred upon any official shall be deemed, and are hereby, vested in the President, unless Congress provides otherwise.^cxl

ARTICLE IX

Supreme Court

 
    Section 1. The Judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.^cxli Congress shall have the power to define, prescribe and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 thereof.^cxlii

    Section 2. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in divisions of three, five, or seven Members.^cxliii

    (2) All cases involving the constitutionality of a treaty, executive agreement, or law shall be heard and decided by the Supreme Court en banc, and no treaty, executive agreement, or law may be declared unconstitutional without the concurrence of at least ten Members. All other cases, which under its rules are required to be heard en banc, shall be decided with the concurrence of at least eight Members.^cxliv

    (3) Cases heard by a division shall be decided with the concurrence of at least a majority of all the Members of the division, and in no case, without the concurrence of at least three, but if such required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the Court in a decision rendered en banc or in a division may be modified or reversed except by the Court sitting en banc.^cxlv

    Section 3. (1) No person shall be appointed Member of the Supreme Court unless he is a natural born citizen of the Philippines, at least forty years of age, and has for ten years or more been a judge of a court of record or engaged in the practice of law in the Philippines.^cxlvi

    (2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a natural-born citizen of the Philippines and a member of the Philippine Bar.^cxlvii

    Section 4. The Members of the Supreme Court and judges of lower courts shall be appointed by the President.^cxlviii

    Section 5. The Supreme Court shall have the following powers: 

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(2) Review and revise, reverse, modify, or affirm on appeal or certiorari, as the law or the rules of court may provide, final judgments and decrees of lower courts in: 

(a) All cases in which the constitutionality or validity of any treaty, executive agreement, law, ordinance, or executive order or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is death or life imprisonment.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not last longer than six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the practice of law, and the integration of the bar, which, however, may be repealed, altered or supplemented by Congress. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.

(6) Appoint its officials and employees in accordance with law.^cxlix

    Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.^cl

    Section 7. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court shall have the power to discipline judges of lower courts and, by a vote of at least eight Members, order their dismissal.^cli

    Section 8. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of opinion of the Court. Any Member dissenting from a decision shall state the reasons for his dissent. The same requirement shall be observed by all lower collegiate courts.^clii

    Section 9. Every decision of a court of record shall clearly and distinctly state the facts and the law on which it is based. The Rules of Court shall govern the promulgation of minute resolutions.^cliii

    Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall be fixed by law, which shall not be decreased during their continuance in office.^cliv

    Section 11. (1) The Supreme Court shall by its rules provide for the maximum period within which a case or matter shall be decided or resolved from the date of its submission. Unless otherwise provided by the Supreme Court, the maximum period shall be eighteen months for the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.^clv

    (2) Unless otherwise provided under the rules promulgated by the Supreme Court, with respect to the Supreme Court and other collegiate appellate courts, when the applicable maximum period shall have lapsed without the rendition of the corresponding decision or resolution, because the necessary vote cannot be had, the judgment, order, or resolution appealed from shall be deemed affirmed, except in those cases where a qualified majority is required and in appeals from judgments of conviction in criminal cases, and in original special civil actions and proceedings for habeas corpus, the petition in such cases shall be deemed dismissed, and a certification to this effect signed by the Chief Magistrate of the court shall be issued and a copy thereof attached to the record of the case.^clvi

    Section 12. The Supreme Court shall, within thirty days from the opening of each regular session of Congress, submit to Congress and the President an annual report on the operations and activities of the Judiciary.^clvii

ARTICLE X

Constitutional Commissions

 

A. Common Provisions

 
    Section 1. The Constitutional Commissions shall be the Civil Service Commission, the Commission on Elections, and the Commission on Audit.^clviii

Section 2. The salary of the Chairman and of the Commissioners shall be fixed by law, and shall not be decreased during their tenure.^clix

  Section 3. No Member of the Constitutional Commission shall, during his tenure in office, engage in the practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the government, or any subdivision, agency, or instrumentality, thereof, including government-owned or controlled corporations with original charters.^clx

  Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.^clxi

B. Civil Service Commission

 
    Section 1. (1) The Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including every government-owned or controlled corporation with original charter.^clxii It shall be administered by an independent Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines, and at the time of their appointment, are at least thirty-five years of age and holders of a college degree, and must not have been candidates for any elective position in the election immediately preceding their appointment. The Chairman and the Commissioners shall be appointed by the President for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.^clxiii

   The Commission shall, subject to such limitations as may be provided by law, establish a career service and adopt measures to promote morale, efficiency, and integrity in the Civil Service.^clxiv

   Section 2. Appointments in the Civil Service, except as to those which are policy-determining, primarily confidential, or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination.^clxv

   Section 3. No officer or employee in the Civil Service shall be suspended or dismissed except for cause provided by law.^clxvi

   Section 4. No elective official shall be eligible for appointment to any public office or position during his tenure.^clxvii

   No candidate who lost an election shall be eligible for appointment or reappointment to any office in the government, or in any government-owned or controlled corporation with original charter, within one year following such election.^clxviii

   Section 5. No officer or employee in the Civil Service shall engage directly or indirectly in any partisan political activity or take part in any election, except to vote.^clxix

   Section 6. Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned and controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, the positions concerned.^clxx

Section 7. The Commission on Civil Service shall perform such other duties and functions as may be provided by law.^clxxi

C. Commission on Elections

 
          Section 1. There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of college degree. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.^clxxii

 The Chairman and the Commissioners shall be appointed by the President for a term of seven years without reappointment. Of the Commissioners first appointed, three shall hold office for seven years, three for five years, and the last three for three years. Appointments to any vacancy shall be only for the unexpired portion of the term of the predecessor.^clxxiii

    Section 2. The Commission on Elections shall have the following powers and functions:

(1) Enforce and administer all laws relative to the conduct of elections.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all Members of Congress and elective provincial and city officials.

(3) Decide, save those involving the right to vote, administrative questions affecting elections, including the determination of the number and location of polling places, the appointment of election officials and inspectors, and the registration of voters.

(4) Deputize, with the consent or at the instance of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the purpose of ensuring free, orderly, and honest elections.

(5) Register and accredit political parties subject to the provisions of Section 8 hereof.

(6) Recommend to Congress effective measures to minimize election expenses and prohibit all forms of election frauds and malpractices, political opportunism, guest or nuisance candidacy, or other similar acts.

(7) Submit to Congress and the President a report on the conduct and manner of each election.

(8) Perform such other functions as may be provided by law.^clxxiv

          Section 3. The Commission on Elections may sit en banc or in three divisions. All election cases may be heard and decided by divisions, except contests involving Members of Congress, which shall be heard and decided en banc.^clxxv 

   Section 4. The Commission may recommend to the President the removal of, or any other disciplinary action against, any officer or employee it has deputized, for violation or disregard of, or disobedience to its decision, order, or directive.^clxxvi

   Section 5. The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication, all grants, special privileges, or concessions granted by the government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation with original charter, may be supervised or regulated by the Commission during the election period for the purpose of ensuring free, orderly, and honest elections.^clxxvii

   Section 6. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.^clxxviii

   Section 7. No pardon, parole, or suspension of sentence for violation of the law or rules and regulations concerning elections be granted without the recommendation of the Commission.^clxxix

   Section 8. A political party shall be entitled to accreditation by the Commission if, in the immediately preceding election, such party has obtained at least the third highest number of votes cast in the constituency to which it seeks accreditation. No religious sect shall be registered as a political party and no political party which seeks to achieve its goals through violence or subversion shall be entitled to accreditation.^clxxx

   Section 9. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.^clxxxi

   No party or candidate shall have membership in the registration board, board of election inspectors, board of canvassers, or other similar bodies.^clxxxii

   Section 10. No elective public officer may change his political party affiliation during his term of office and no candidate for any elective public office may change his political party affiliation within six months immediately preceding or following an election.^clxxxiii

 

D. Commission on Audit

 
    Section 1. There shall be an independent Commission on Audit composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least forty years of age and certified public accountants or members of the Philippine Bar for at least ten years.^clxxxiv

   The Chairman and the Commissioners shall be appointed by the President for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.^clxxxv

   Section 2. The Commission on Audit shall have the following powers and functions:

(1) Examine, audit, and settle, in accordance with law and regulations, all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations with original charters; keep the general accounts of the government and, for such period as may be provided by law, preserve the vouchers pertaining thereto; and promulgate accounting and auditing rules and regulations including those for the prevention of irregular, unnecessary, excessive, or extravagant expenditures or use of funds and property.^clxxxvi

(2) Submit to Congress and the President, within the time fixed by law, an annual financial report of the government, its subdivisions, agencies, and instrumentalities, including government-owned and controlled corporations with original charters, and recommend measures necessary to improve their efficiency and effectiveness. It shall submit such other reports as may be required by law.^clxxxvii

(3) Perform such other duties and functions as may be provided by law.^clxxxviii

 

ARTICLE XI

Local Government; Regional Authority; Autonomous Region; Substate

 
    Section 1. The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barangays.^clxxxix

   Section 2. Congress shall by a majority vote of all its Members enact a local government code, defining a more responsive and accountable local government structure with an effective system of recall, allocating among the different local government units their powers, responsibilities, and resources, and providing for the qualifications, election and removal, term, salaries, powers, functions, and duties of local officials, and all other matters relating to the organization and operation of the local units.^cxc

   Section 3. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered except in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes cast in a plebiscite in the units affected.^cxci

   Section 4. The President shall exercise general supervision over local government units.^cxcii Provinces, cities and municipalities with respect to component units, shall ensure that the acts of their component units are within the scope of their assigned powers and functions.^cxciii

   Section 5. Local government units may group themselves, or consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them.^cxciv

Section 6. Each local government unit shall have the power to create its own sources of revenue and to levy taxes, subject to limitations as may be provided by law.^cxcv

Section 7. Unless otherwise provided by law, the formation and organization of provinces, cities, municipalities and barangays shall be as follows:

(1) The national and local government functions shall be delineated. In case of conflict between the national interest and the local interest, the national interest shall prevail.^cxcvi

(2) Local government powers shall be consolidated in cities and municipalities. The city and municipality shall be the basic local government units.^cxcvii

(3) The members of the city council and municipal council shall be elected by district.^cxcviii

(4) The city mayor and municipal mayor shall be elected by majority vote of all the members of the local council from among themselves.^cxcix

(5) The mayors of cities and municipalities within the territory of a province shall be the ex-officio members of the provincial council.^cc

(6) The provincial governor shall be elected by majority vote of all the members of the provincial council.^cci

(7) The council members of barangays within the territory of a city or municipality shall be appointed by the mayor of the city or municipality, from a list of at least three nominees for every vacancy prepared by barangay based homeowners' associations, residential condominium corporations, and community associations.^ccii

(8) The punong barangay shall be elected by majority vote of all the members of the barangay council from among themselves.^cciii

(9) The city mayor, municipal mayor, provincial governor and punong barangay shall serve based on the trust and confidence of the local council.^cciv They may be removed at any time for loss of confidence upon the vote of least two-thirds of all the members of the local council.^ccv

(10) The term of office of the members of local councils shall be five (5) years.^ccvi

(11) No member of any local council shall serve for more than three (3) consecutive terms.^ccvii

Regional Authority

Section 8. Congress may by law create regional authorities which shall form part of the national government.^ccviii The President shall have control of the regional authorities as instrumentalities of the national government.^ccix

Section 9. In the absence of a law, the President may by executive order create regional offices which shall form part of the national government.^ccx The President shall have control of the regional offices as agencies of the national government.^ccxi The creation of regional offices by the President shall not be deemed to include the appropriation of public money or property which is the sole prerogative of Congress.

Autonomous Region

Section 10. Congress may by law create autonomous regions as territorial and political subdivisions, subject to the approval by a majority of the votes cast in a plebiscite in the constituent provinces and cities.^ccxii The President shall exercise general supervision over the autonomous regions as local government units.^ccxiii

Section 11. Unless otherwise provided by Congress, the formation and organization of autonomous regions shall be as follows:

(1) The district representatives, city mayors and municipal mayors within the territory of a region shall be the ex-officio members of a unicameral regional council.^ccxiv 

(2) The regional chief executive shall be elected by majority vote of all the members of the regional council.^ccxv

(3) The regional chief executive shall serve based on the trust and confidence of the regional council. The chief executive may be removed at any time for loss of confidence upon the vote of least two-thirds of all the members of the regional council.^ccxvi

(4) The term of office of the members of regional council shall be five (5) years.

(5) No member of the regional council shall serve for more than three (3) consecutive terms.

Section 12. The powers not granted to the autonomous regions by this Constitution or by law are deemed vested in the national government of the state.

Substate

         Section 13. A federal state shall be established from present unitary state upon the fulfillment of the following conditions:

(1) The creation of at least three (3) substates,^ccxvii and

(2) The approval by a majority of the votes cast in a plebiscite in the areas without a substate, if there are any.

Section 14. The creation of a substate may be initiated by a resolution of Congress or the regional council, or directly by the people through initiative upon a petition of at least five percent of the total number of registered voters, of which every legislative district is represented by at least one percent of the number of registered voters therein.

Section 15. The creation of a substate by a resolution of Congress or the regional council, shall be valid when ratified by a majority of the votes cast in the plebiscite which shall be held not later than three months after the approval of such resolution.

Section 16. The creation of a substate by people's initiative shall be valid when ratified by a majority of the votes cast in the plebiscite which shall be held not later than three months after the certification by the Commission on Elections of the sufficiency of the petition.

Section 17. Notwithstanding the validity of the creation of a substate, the creation shall not take effect until all the conditions for the establishment of a federal state are fulfilled.

Section 18. The areas without a substate shall be under the sole jurisdiction of the federal state.

Section 19. Upon the establishment of the federal state, this Constitution shall be the federal constitution.

        Section 20. The federal constitution, the laws of the federal state made in pursuance thereof, and all treaties made under the authority of the federal state, shall be the supreme law of the land. The courts in every substate shall be bound thereby, anything in the constitution or laws of any substate to the contrary notwithstanding.^ccxviii

Section 21. Unless otherwise provided by the resolution of Congress or the regional council, or by people's initiative, the formation and organization of substates shall be as follows:

(1) The district representatives, city mayors and municipal mayors within the territory of a substate shall be the ex-officio members of a unicameral legislature.^ccxix 

(2) The chief executive shall be elected by majority vote of all the members of the legislature.^ccxx

(3) The chief executive shall serve based on the trust and confidence of the legislature. The chief executive may be removed at any time for loss of confidence upon the vote of least two-thirds of all the members of the legislature.^ccxxi

(4) The term of office of the members of the legislature shall be five (5) years.

(5) No member of the legislature shall serve for more than three (3) consecutive terms.

       Section 22. A substate shall be authorized to establish and maintain an internal security and safety force. ^ccxxii However, no substate shall establish or maintain any military force or police force. Only the federal state shall establish a military force and police force.^ccxxiii

        Section 23. No substate shall enter into any treaty, alliance, or confederation.^ccxxiv Only the federal state may enter into any treaty, alliance, or confederation.

Section 24. No substate shall, without the consent of Congress, issue any currency or money for use as a medium of exchange.^ccxxv

Section 25. No substate shall, without the consent of Congress, impose taxes or duties on imports or exports.^ccxxvi No substate shall, without the consent of Congress, impose any income tax or value added tax.

Section 26. No substate shall, without the consent of Congress, enact legislation on banking, insurance, commerce (on goods and services), insolvency, intellectual property rights, professional practice, immigration and naturalization.^ccxxvii

Section 27. The powers not granted to the substates under this Constitution are deemed vested in the federal state.^ccxxviii

ARTICLE XII

Accountability of Public Officers

 
    Section 1. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people.^ccxxix

   Section 2. The Justices of the Supreme Court, and the Members of the Constitutional Commissions shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption.^ccxxx

   Section 3. Congress shall have the exclusive power to initiate, try, decide all cases of impeachment. Upon the filing of a verified complaint, Congress may initiate impeachment by a vote of at least one-fifth of all its Members. No official shall be convicted without the concurrence of at least two-thirds of all the Members thereof. When Congress sits in impeachment cases, its Members shall be on oath or affirmation.^ccxxxi

   Section 4. Judgment in cases of impeachment shall be limited to removal from office and disqualification to hold any office of honor, trust, or profit under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, in accordance with law.^ccxxxii

   Section 5. Congress shall create a special court, to be known as Sandiganbayan, which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations with original charters, in relation to their office as may be determined by law.^ccxxxiii

   Section 6. Congress shall create an office of the Ombudsman, to be known as Tanodbayan, which shall receive and investigate complaints relative to public office, including those in government-owned or controlled corporations with original charters, make appropriate recommendations, and in case of failure of justice as defined by law, file and prosecute the corresponding criminal, civil, or administrative case before the proper court or body.^ccxxxiv

Section 7. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.^ccxxxv

ARTICLE XIII

The National Economy and the Patrimony of the Nation^ccxxxvi

 
    Section 1. All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial, commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than development of water power, in which cases, beneficial use may by the measure and the limit of the grant.^ccxxxvii

   Section 2. Lands of the public domain are classified into agricultural, industrial, commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and such other classes as may be provided by law.^ccxxxviii

   Section 3. Congress shall determine by law the size of lands of the public domain which may be developed, held or acquired by, or leased to, any qualified individual, corporation or association, and the conditions therefor, taking into account conservation, ecological, and developmental requirements of the natural resources.^ccxxxix    

   Section 4. The State shall regulate or prohibit private monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.^ccxl

   Section 5. Congress may reserve to citizens of the Philippines or to corporations or associations owned by such citizens, certain areas of investments when the national interest so dictates.^ccxli

   Section 6. Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the government or any subdivision or instrumentality thereof and are with original charters.^ccxlii

   Section 7. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be exclusive in character or for a longer period then fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by Congress when the public interest so requires. The State shall encourage equity participation in public utilities by the general public.^ccxliii

   Section 8. The State may, in the interest of the national welfare or defense, establish and operate industries and public utilities, and, upon payment of just compensation, transfer to public ownership such industries and public utilities to be operated by the government.^ccxliv

   Section 9. In times of national emergency when the public interest so requires, the State may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.^ccxlv 

ARTICLE XIV

General Provisions

 
    Section 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.^ccxlvi

   Section 2. The national language of the Philippines shall be Filipino.^ccxlvii The official languages of the Philippines shall be Filipino and English.^ccxlviii The regional languages shall be auxiliary official languages in the regions.^ccxlix Spanish and Arabic shall be promoted.^ccl

   Section 3. Congress may by law adopt a new name for the country, a flag, a national anthem, a national language, and a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.^ccli

   Section 4. The State may not be sued without its consent.^cclii

   Section 5. The separation of the church and the State shall be inviolable.^ccliii

Section 6. The armed forces of the Philippines shall include a citizen army composed of all able-bodied citizens of the Philippines who shall undergo military training and render service as may be provided by law.^ccliv It shall keep a regular force necessary for the security of the State.^cclv

   Section 7. The State shall establish and maintain an integrated national police force whose organization, administration, and operation, shall be provided by law.^cclvi

Section 8. All public officers and employees, including members of the armed forces and of the integrated national police force, shall take an oath to support and defend the Constitution.^cclvii

Section 9. No member of the military shall engage directly or indirectly in any partisan political activity, except to vote.^cclviii

   Section 10. No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law, nor accept, without the consent of Congress, any present, emolument, office or title of any kind from any foreign state.^cclix

   Section 11. No salary or any form of emolument of any public officer or employee, including constitutional officers, shall be exempt from the payment of income tax.^cclx

   Section 12. (1) All educational institutions shall be under the supervision of and subject to regulation by the State.^cclxi The State shall establish and maintain a complete, adequate, and integrated system of education relevant to the goals of national development.^cclxii

   (2) All institutions of higher learning shall enjoy academic freedom.^cclxiii

   (3) The State shall establish and maintain a system of free public elementary and high school education.^cclxiv

   Section 13. The State shall promote scientific research and invention. The advancement of science and technology shall have priority in the national development.^cclxv

   Section 14. Filipino culture shall be preserved and developed for national identity. Arts and letters shall be under the patronage of the State.^cclxvi

   Section 15. It shall be the responsibility of the State to achieve and maintain population levels most conducive to the national welfare.^cclxvii

   Section 16. The State shall consider the customs, traditions, beliefs, and interests of the indigenous peoples in the formulation and implementation of State policies.^cclxviii Congress shall by law recognize, respect and protect the rights of the indigenous peoples within the framework of the Constitution.^cclxix

   Section 17. Congress shall establish an economic and planning authority which shall formulate continuing, coordinated and integrated social and economic plans and programs for national development.^cclxx

   Section 18. Congress shall establish a central monetary authority which shall provide policy direction in the areas of money, banking, and credit to achieve national economic objectives. It shall have supervisory authority over the operation of banks and exercise such regulatory authority as may be provided by law over the operations of finance companies and other institutions performing similar functions.^cclxxi

 

ARTICLE XV

Amendments^cclxxii

 
             Section 1. Any amendment to this Constitution may be proposed by Congress upon a vote of three-fourths of all its Members.^cclxxiii

    Congress may, by a vote of two-thirds of all its Members, call a constitutional convention to amend this Constitution.^cclxxiv

    Section 2. Amendments to this Constitution may also be proposed directly by the people through initiative upon a petition of at least five percent of the total number of registered voters, of which every legislative district is represented by at least one percent of the number of registered voters therein.^cclxxv

   Section 3. Any amendment to this Constitution by constituent assembly or constitutional convention shall be valid when ratified by a majority of the votes cast in the plebiscite which shall be held not later than three months after the approval of such amendment.^cclxxvi

Section 4. Any amendment to this Constitution by people's initiative shall be valid when ratified by a majority of the votes cast in the plebiscite which shall be held not later than three months after the certification by the Commission on Elections of the sufficiency of the petition.^cclxxvii

ARTICLE XVI

Transitory Provisions

 
       Section 1. The President, Vice-President, Senate, Congress, Supreme Court, Civil Service Commission, Commission on Elections, Commission on Audit, autonomous region for Muslim Mindanao, local government units, and all other agencies, instrumentalities, subdivisions, courts and offices of all branches of government established or organized under the 1987 Constitution shall continue to exist, discharge their functions and exercise their powers upon the ratification of this Constitution.

The offices of the President, Vice-President, Senate and Congress under the 1987 Constitution shall be automatically abolished upon the election of new Members of Congress and the new President under this Constitution.^cclxxviii

Section 2. All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the past and present Presidents shall continue to be part of the law of the land, and shall remain valid, legal, binding, and effective even after the Members of the new Congress and the new President shall have been elected and shall have assumed office, unless modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions, or unless expressly or implicitly modified or repealed by Congress or the President.^cclxxix

Section 3. All existing laws not inconsistent with this Constitution shall remain operative until amended, modified, or repealed by Congress.^cclxxx All existing laws inconsistent with this Constitution, including its default provisions, shall be deemed amended, modified, or repealed accordingly.

Section 4. All courts existing at the time of the promulgation of this Constitution shall continue to exercise their jurisdiction, until otherwise provided by law. All cases pending in said courts shall be held, tried, and determined under the laws then in force. The provisions of the existing Rules of Court and procedural laws not inconsistent with this Constitution shall remain operative, unless amended, modified, or repealed by Congress or the Supreme Court.^cclxxxi

Section 5. All officials and employees in the existing executive branch of government of the Republic of the Philippines, including the Constitutional Commissions, shall continue in office until otherwise provided by law or decreed by Congress.

All officials whose appointments are by this Constitution vested in the President, including the Members of the Constitutional Commissions, shall vacate their respective offices upon the appointment and qualification of their successors by the new President.^cclxxxii

Section 6. All officials and employees in the existing judicial branch of government of the Republic of the Philippines, including the appellate courts and trial courts, shall continue in office until otherwise provided by law or decreed by Congress.

The Justices of the Supreme Court shall continue to hold office, discharge their functions and exercise their powers upon the ratification of this Constitution, and until they are retired or removed from office under the new Constitution.^cclxxxiii

Section 7. All treaties, executive agreements, and contracts entered into by the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations with original charters are hereby recognized as legal, valid and binding. When the national interest so requires, the President may review all contracts, concessions, permits, or other forms of privileges for the exploration, exploitation, development, or utilization of natural resources entered into, granted, issued, or acquired before the ratification of this Constitution.^cclxxxiv

Section 8. All records, equipment, buildings, facilities, and other properties of any office or body abolished or reorganized under this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.^cclxxxv

Section 9. All the provinces, cities, municipalities, barangays and the autonomous region for Muslim Mindanao existing at the time of the promulgation of this Constitution shall continue as presently constituted but their functions, powers, and composition may be altered by law.^cclxxxvi

Section 10. The President shall direct the Commission on Elections to hold elections for the representatives of districts, regions, sectors and peoples, of the first Congress under this Constitution not later than ______________ (date). The Members of the first Congress shall serve as such until the expiration of their terms at noon on the thirtieth day of June _____ (year).^cclxxxvii

Section 11. Unless otherwise provided by law, the regional representatives of Congress shall represent the following regions:

(1) The Luzon island group shall be represented by twelve representatives, the Visayas island group by six representatives, and the Mindanao island group by six representatives.^cclxxxviii

(2) The Luzon island group shall include the islands of Batanes and Catanduanes among others. The Visayas island group shall include the islands of Mindoro, Marinduque, Romblon, Palawan, Masbate, Biliran, Guimaras and Siquijor among others. The Mindanao island group shall include the islands of Basilan, Sulu, Tawi-Tawi, Camiguin, Dinagat and Samal among others.

(3) The Ilocos region including Pangasinan shall be represented by two representatives, the Cordillera region by one representative, the Cagayan region including Batanes by one representative, the Central Luzon region including Aurora by two representatives, the Metro Manila region by three representatives, the CALABARZON region by two representatives and the Bicol region including Catanduanes by one representative.

(4) The MIMAROPA region shall be represented by one representative, the Waray region including Biliran by one representative, the Panay region including Guimaras by one representative, the Negros region by one representative, and the Cebu region including Bohol, Siquijor and Masbate by two representatives.

(5) The Zamboanga region including Basilan, Sulu and Tawi-Tawi shall be represented by one representative, the Northern Mindanao region including Camiguin by one representative, the CARAGA region including Dinagat by one representative, the Davao region including Samal by one representative, the Cotabato region including Cotabato by one representative, the Central Mindanao region including Cotabato City and Lanao del Norte by one representative.

(6) The Commission on Elections shall by resolution establish the legislative districts which shall comprise the legislative regions, in accordance with the foregoing delineation, number of their respective inhabitants, size of territory and culture.^cclxxxix

Section 12. Unless otherwise provided by law, the sectoral representatives shall be comprised of sectoral organizations of workers, farmers, fishermen, self-employed, teachers, health workers, government employees, overseas workers, youth, women, senior citizens, micro-enterprises, small and medium enterprises and large enterprises.^ccxc

        Unless otherwise provided by law, the people's representatives shall be comprised of people's organizations of the northern indigenous peoples, the southern indigenous peoples and the southern sultanates.

          The seats shall be allocated by law among the sectors and peoples in accordance with the size of their respective population and the significance of their social and economic contributions to the state.^ccxci

Section 13. Unless otherwise provided by law, the council of state shall be composed of the following: the incumbent head of state, president, speaker of the house of representatives and chief justice of the supreme court; the former heads of state, presidents, vice-presidents, senate presidents, speakers of the house of representatives and the interim/regular batasang pambansa/national assembly, prime ministers and chief justices of the supreme court; the incumbent executive secretary, defense secretary and foreign affairs secretary; the former executive secretaries, defense secretaries/ministers, and foreign affairs secretaries/ministers, who served for a cumulative period of at least five (5) years; and such other persons as the President may appoint. In the absence of a law, the President may by executive order establish a council of state as an advisory body of the government and the people.^ccxcii

    Section 14. This Constitution shall take effect immediately upon its promulgation and, except as herein provided, shall supersede the Constitution of nineteen hundred and eighty-seven (1987).^ccxciii

iThis Discussion Draft of the 2018 Constitution is written by Atty. Demosthenes B. Donato for Tanggulang Demokrasya (Tan Dem), Inc. It is released to the public for the purpose of inviting comments from all interested parties. All intellectual property rights are granted to the public domain. Makati City, Philippines. 23 January 2018.

The draft is based primarily on the 1973 Constitution, and secondarily on the 1987 Constitution and the 1787 United States Constitution, as amended. The 1973 Constitution is selected as the basic template because it is relatively brief and concise, compared to the 1987 Constitution which is lengthy and redundant. Another reason why it is selected is because the chosen system of government is a unicameral parliament, and the 1973 Constitution (that established a semi-presidential / semi-parliamentary sytem with a unicameral assembly) is the closest template compared to the other Philippine constitutions. While the 1899 Constitution established a parliamentary system with a unicameral assembly, the framework and language is substantially different from present day constitutions. Finally, the 1973 Constitution is the only Philippine constitution drafted by ELECTED delegates INDEPENDENT of the authority of a foreign power. Demosthenes B. Donato, Do's and Don'ts of “System Change,” Page 1, 10 September 2016.

The draft adopts the existing language of the 1973 Constitution by deliberate design. The writer believes that crafting new language, even though existing language is available, is like re-inventing the wheel. It is a waste of time and effort. Moreover, new language brings about judicial uncertainty. While past and present language may already be subject of existing jurisprudence, new language is still open to future judicial interpretation. Id, Page 4.

Where however new language is necessary, like when the available language is vague or erroneous, or of a policy that needs to be modified or reversed, or when there is no available language to speak of, then new language is crafted. Id, Page 5.

ii1973 Constitution, Preamble. 1987 Constitution, Preamble. “General welfare” is used in lieu of “common good” because the former is more generally accepted in legal systems compared to the latter. For example, the Preamble of the U.S. Constitution reads as follows: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United State of America.”

“Divine Providence” is used in lieu of “Almighty God” because the former is neutral to religious denominations and may include all Christians, Muslims and indigenous peoples, while the latter is inclined towards Christians to the exclusion of Muslims and indigenous peoples.

iii1973 Constitution, Article I, Sec. 1. 1987 Constitution, Article I, Sec. 1. “Historic or legal title” is used in lieu of “sovereignty or jurisdiction” to strengthen the claims of the State and the Sultanate of Sulu to the territory of Sabah, subject to the renunciation of war as an instrument of national policy, adoption of the generally accepted principles of international law and adherence to the policy of peace and amity with all nations.

iv1987 Constitution, Article II, Sec. 1. 1973 Constitution, Article II, Sec. 1.

v1973 Constitution, Article II, Sec. 2. 1987 Constitution, Article II, Sec. 4.

vi1973 Constitution, Article II, Sec. 3. 1987 Constitution, Article II, Sec. 2.

vii1973 Constitution, Article II, Sec. 4. 1987 Constitution, Article II, Sec. 12, & Article XV, Sec. 1.

viii1973 Constitution, Article II, Sec. 5. 1987 Constitution, Article II, Sec. 13.

ix 1973 Constitution, Article II, Sec. 6. 1987 Constitution, Article II, Sec. 10.

x1973 Constitution, Article II, Sec. 7.

xi1987 Constitution, Article II, Sec. 3. 1973 Constitution, Article II, Sec. 8.

xii1973 Constitution, Article II, Sec. 9. 1987 Constitution, Article II, Sec. 18.

xiii1973 Constitution, Article II, Sec. 10. 1987 Constitution, Article X, Sec. 2. See Demosthenes B. Donato, Advantages and Disadvantages of Local Autonomy, 05 September 2016.

xiv 1935 Constitution, Article III, Sec. 1(4). 1973 Constitution, Article IV, Sec. 1(3). 1987 Constitution, Article IV, Sec. 1(3).

xv 1973 Constitution, Article III, Sec. 1. 1987 Constitution, Article IV, Sec. 1.

xvi 1987 Constitution, Article IV, Sec. 4. 1973 Constitution, Article III, Sec. 2.

xvii 1973 Constitution, Article III, Sec. 3. 1987 Constitution, Article IV, Sec. 3.

xviii 1987 Constitution, Article IV, Sec. 2. 1973 Constitution, Article III, Sec. 4.

xix 1973 Constitution, Article IV, Sec. 1. 1987 Constitution, Article III, Sec. 1.

xx 1973 Constitution, Article IV, Sec. 2. 1987 Constitution, Article III, Sec. 9.

xxi 1973 Constitution, Article IV, Sec. 3. 1987 Constitution, Article III, Sec. 2.

xxii1973 Constitution, Article IV, Sec. 4. 1987 Constitution, Article III, Sec. 3.

xxiii 1973 Constitution, Article IV, Sec. 5. 1987 Constitution, Article III, Sec. 6.

xxiv 1973 Constitution, Article IV, Sec. 6. 1987 Constitution, Article III, Sec. 7.

xxv 1973 Constitution, Article IV, Sec. 7. 1987 Constitution, Article III, Sec. 8.

xxvi 1973 Constitution, Article IV, Sec. 8. 1987 Constitution, Article III, Sec. 5.

xxvii 1973 Constitution, Article IV, Sec. 9. 1987 Constitution, Article III, Sec. 4.

xxviii 1973 Constitution, Article IV, Sec. 11. 1987 Constitution, Article III, Sec. 10.

xxix 1973 Constitution, Article IV, Sec. 12. 1987 Constitution, Article III, Sec. 22.

xxx 1973 Constitution, Article IV, Sec. 13. 1987 Constitution, Article III, Sec. 20.

xxxi 1973 Constitution, Article IV, Sec. 14. 1987 Constitution, Article III, Sec. 18.

xxxii 1973 Constitution, Article IV, Sec. 15. 1987 Constitution, Article III, Sec. 15.

xxxiii 1973 Constitution, Article IV, Sec. 16. 1987 Constitution, Article III, Sec. 16.

xxxiv 1973 Constitution, Article IV, Sec. 17. 1987 Constitution, Article III, Sec. 14.

xxxv 1973 Constitution, Article IV, Sec. 18. 1987 Constitution, Article III, Sec. 13.

xxxvi 1973 Constitution, Article IV, Sec. 19. 1987 Constitution, Article III, Sec. 14.

xxxvii 1973 Constitution, Article IV, Sec. 20. 1987 Constitution, Article III, Sec. 17.

xxxviii 1973 Constitution, Article IV, Sec. 21. 1987 Constitution, Article III, Sec. 19.

xxxix 1973 Constitution, Article IV, Sec. 22. 1987 Constitution, Article III, Sec. 21.

xl 1973 Constitution, Article IV, Sec. 23. 1987 Constitution, Article III, Sec. 11.

xli 1973 Constitution, Article V, Sec. 1.

xlii 1973 Constitution, Article V, Sec. 2.

xliii1973 Constitution, Article V, Sec. 3.

xliv 1973 Constitution, Article V, Sec. 4.

xlv 1973 Constitution, Article VI, Sec. 1. 1987 Constitution, Article V, Secs. 1 & 2.

xlvi The article on Congress establishes in principle and substance a unicameral parliament by merging Congress with the President. The merger is effected by granting Congress the power to hire-and-fire the President.

Notwithstanding the shift in structure, the use of American terminology is retained throughout the article because this is the language familiar to the people. Notably, there is no material change in the nature and extent of the government powers and functions of Congress and the President, other than the change in the power or mechanism to “hire-and-fire” the President.

The new unicameral parliamentary system is preferred over the old bicameral presidential system on the following grounds:

(a) the new system avoids the institutional gridlock and duplication of functions between the Senate and the House of Representatives under the old system; We Care – Explanatory Notes, Proposed Constitutional Amendments for a Unicameral Parliament, pages 1-3, 12 October 2011;

(b) the new system avoids the institutional gridlock between Congress and the President, by merging the President with Congress, which will be the functional parliament; Id, pages 1-4;

(c) the new system strengthens the capability of the political branch of government, comprised of the legislature and the executive, to enact and implement law reforms, by consolidating control of both the legislature and the executive under a unicameral Congress; Id, page 4;

(d) the new system eliminates the bias for “rich” and “famous” candidates, by replacing the “direct” elections at large for the President and the Senators, with “indirect” elections for President and regional elections for Regional Representatives who will substitute the Senators; Id, pages 1 & 4-5;

(e) the new system strengthens the accountability of the President by empowering Congress to replace him at any time through a mere “no-confidence” vote, and without need for conducting a tedious impeachment and conviction process;

(f) the new system strengthens the accountability of Congress by empowering the Head of State, upon advise of the President, to dissolve Congress on fundamental issues;

(g) the new system strengthens the accountability of the Members of Congress by providing for a new mechanism of recall, similar to the process applied to elective local government officials.

xlvii 1973 Constitution, Article VIII, Sec. 1. 1987 Constitution, Article VI, Sec. 1.

xlviii The term “people” is adopted to cover the Lumads and southern sultanates, which strictly speaking, are distinct peoples by themselves and not sectors of Philippine society.

xlix See 1987 Constitution, Article VI, Sec. 5(1). See 1973 Constitution, Article VIII, Sec. 2. See We Care - Proposed Amendments to the Constitution, Article VI, Sec. 5(1), 30 November 2007.

l 1973 Constitution, Article VIII, Sec. 2. 1987 Constitution, Article VI, Sec. 5(1)&(3).

li The new provision seeks to ensure adequate representation for all the different sectors and peoples of society, by providing for representation on sectoral or people basis, in addition to and simultaneous with the traditional representation on geographic area or district basis. See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 32. See 1987 Constitution, Article VI, Sec. 5, 30 November 2007.

lii 1987 Constitution, Article VI, Sec. 5(2).

liiiSee 1987 Constitution, Article VI, Sec. 2 providing for a senate or upper house composed of twenty-four senators. See 1987 Constitution, Article VI, Sec. 5, and Ordinance apportioning seats of the house of representatives or lower house based on population. The twenty-four representatives elected by region under the new unicameral congress, substitute the twenty-four senators elected at large under the old bicameral congress.

livSee 1973 Constitution, Article VIII re National Assembly. See 1976 Amendments to the 1973 Constitution re Batasang Pambansa. See 1943 Constitution, Article III re National Assembly. See 1899 Constitution, Title V re National Assembly.

lvSee 1973 Constitution, Article VIII, Sec. 3(1), which provides for a term of six years. See 1987 Constitution, Article VI, Sec. 7, which provides for a term of three years.

lvi1973 Constitution, Article 3(2).

lvii1987 Constitution, Article VI, Sec. 7. We Care – Proposed Amendments to the Constitution, Article VI, Sec. 7, 30 November 2007.

lviiiWe Care – Proposed Amendments to the Constitution, Article VI, Sec. 7, 30 November 2007.

lix See Rep. Act No. 7160, as amended, Local Government Code of 1991, Sec. 70(d), as amended by Rep. Act No. 9244.

lx See Rep. Act No. 7160, as amended, Local Government Code of 1991, Sec. 74, as amended by Rep. Act No. 9244.

lxi 1973 Constitution, Article VIII, Sec. 4. 1987 Constitution, Article VI, Sec. 6. See We Care – Proposed Amendments to the Constitution, Article VI, Sec. 6, 30 November 2007.

lxiiSee 1973 Constitution, Article VIII, Sec. 5(1), which provides six years. See 1987 Constitution, Article VI, Sec. 8, which implies three years.

lxiii 1973 Constitution, Article VIII, Sec. 5(1). 1987 Constitution, Article VI, Sec. 9.

lxiv 1973 Constitution, Article VIII, Sec. 6. 1987 Constitution, Article VI, Sec. 15.

lxv 1973 Constitution, Article VIII, Sec. 7(1). 1987 Constitution, Article VI, Sec. 16(1).

lxvi 1973 Constitution, Article VIII, Sec. 7(1).

lxvii 1973 Constitution, Article VIII, Sec. 7(2). 1987 Constitution, Article VI, Sec. 16(2).

lxviii 1973 Constitution, Article VIII, Sec. 7(3). 1987 Constitution, Article VI, Sec. 16(3).

lxix 1973 Constitution, Article VIII, Sec. 7(4). 1987 Constitution, Article VI, Sec. 16(4).

lxx 1973 Constitution, Article VIII, Sec. 8(1). 1987 Constitution, Article VI, Sec. 10.

lxxi 1973 Constitution, Article VIII, Sec. 8(2). 1987 Constitution, Article VI, Sec. 20.

lxxii 1973 Constitution, Article VIII, Sec. 9. 1987 Constitution, Article VI, Sec. 11.

lxxiii 1973 Constitution, Article VIII, Sec. 10. 1987 Constitution, Article VI, Sec. 13.

lxxiv 1987 Constitution, Article VI, Sec. 14. See 1973 Constitution, Article VIII, Sec. 11. The broader prohibition under the 1987 Constitution is adopted to further avoid any possible abuse of public office.

lxxv 1973 Constitution, Article VIII, Sec. 11. 1987 Constitution, Article VI, Sec. 14.

lxxvi 1973 Constitution, Article VIII, Sec. 12(1). See 1987 Constitution, Article VI, Sec. 22.

lxxvii 1973 Constitution, Article VIII, Sec. 12(2). 1987 Constitution, Article VI, Sec. 21.

lxxviii See Demosthenes B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017.

lxxix 1973 Constitution, Article VII, Sec. 2 where the chief executive in the person of the President is elected by a majority vote of all the members of Congress. 1973 Constitution, Article IX, Sec. 3 where the Prime Minister who exercises executive power is elected by a majority of all the members of Congress.

lxxx 1973 Constitution, Article VIII, Sec. 13(1).

lxxxi 1973 Constitution, Article VIII, Sec. 13(2).

lxxxii 1973 Constitution, Article VIII, Sec. 13(3).

lxxxiii 1973 Constitution, Article VIII, Sec. 14(1). See 1987 Constitution, Article VII, Sec. 21. The limited concurrence requirement under the 1973 Constitution is adopted for flexibility in the conduct of foreign relations, in accordance with the generally accepted international law practice.

lxxxiv 1973 Constitution, Article VIII, Sec. 14(2). 1987 Constitution, Article VI, Sec. 23(1).

lxxxv 1973 Constitution, Article VIII, Sec. 15. 1987 Constitution, Article VI, Sec. 23(2).

lxxxvi 1973 Constitution, Article VIII, Sec. 16(1). See 1987 Constitution, Article VI, Sec. 25(1).

lxxxvii 1973 Constitution, Article VIII, Sec. 16(2). See 1987 Constitution, Article VI, Sec. 25(2).

lxxxviii 1973 Constitution, Article VIII, Sec. 16(3). See 1987 Constitution, Article VI, Sec. 25(3).

lxxxix1973 Constitution, Article VIII, Sec. 16(4). See 1987 Constitution, Article VI, Sec. 25(4).

xc 1973 Constitution, Article VIII, Sec. 16(5). 1987 Constitution, Article VI, Sec. 25(5).

xci 1973 Constitution, Article VIII, Sec. 16(6). See 1987 Constitution, Article VI, Sec. 25(6).

xcii 1973 Constitution, Article VIII, Sec. 17(1). See 1987 Constitution, Article VI, Sec. 28(1).

xciii 1973 Constitution, Article VIII, Sec. 17(2). See 1987 Constitution, Article VI, Sec. 28(2).

xciv1973 Constitution, Article VIII, Sec. 17(3). See 1987 Constitution, Article VI, Sec. 28(3).

xcv 1973 Constitution, Article VIII, Sec. 17(4). See 1987 Constitution, Article VI, Sec. 28(4).

xcvi 1973 Constitution, Article VIII, Sec. 18(1). See 1987 Constitution, Article VI, Sec. 29(1).

xcvii 1973 Constitution, Article VIII, Sec. 18(2). See 1987 Constitution, Article VI, Sec. 29(2). The term “imam” which means religious leader is included in the enumeration in consideration of the Muslim community that forms a major part of the nation.

xcviii 1973 Constitution, Article VIII, Sec. 19(1). 1987 Constitution, Article VI, Sec. 26(2).

xcix 1987 Constitution, Article VI, Sec. 26(1). 1935 Constitution, Article VI, Sec. 21(1).

c 1973 Constitution, Article VIII, Sec. 19(2).

ci 1973 Constitution, Article VIII, Sec. 20(1). 1987 Constitution, Article VI, Sec. 27(1).

cii1973 Constitution, Article VIII, Sec. 20(2). 1987 Constitution, Article VI, Sec. 27(2).

ciii The new mandate to recognize the titles of royalty to the southern sultanates seeks to rectify the longstanding constitutional anomaly that legally prohibited the people from recognizing its own history and cultural heritage. As leading first world nations such as the United Kingdom and Japan have shown, it is possible to preserve royal history even as they conduct state affairs through modern democratic institutions. See We Care - Comments on the GRP-MILF Peace Process, pages 20-21, 01 March 2008, revised 11 March 2010.

Furthermore, the recognition of the titles of royalty serves to strengthen the claims of the State and the Sultanate of Sulu to

Sabah, subject to the renunciation of war as an instrument of national policy, adoption of the generally accepted principles

of international law and adherence to the policy of peace and amity with all nations. See Id.

civ See 1987 Constitution, Article VI, Sec. 32. The minimum number of petitioners upon a people's initiative is substantially reduced from 12% to 5% in relation to the total number of registered voters, and from 3% to 1% in relation to the number of registered voters in every legislative district. This is based on past experience with people's initiative where it was almost logistically impossible for people's organizations to comply with the minimum number of petitioners.

cv 1987 Constitution, Article VII, Sec. 1.

cvi 1973 Constitution, Article VII, Sec. 1.

cviiSee 1973 Constitution, Article IX, Sec. 1.

cviiiWe Care – Proposed Amendments to the Constitution, Article VII, Sec. 1, 30 November 2007.

cixSee Exec. Order No. 305 (1987), as amended by Exec. Order No. 168 (2003), creating a Council of State.

cxWe Care – Proposed Amendments to the Constitution, Article VII, Sec. 1, 30 November 2007.

cxiSee 1973 Constitution, Article VII, Sec. 2 where the chief executive in the person of the President is elected by a majority vote of all the members of Congress. See 1973 Constitution, Article IX, Sec. 3 where the Prime Minister who exercises executive power is elected by a majority of all the members of Congress.

The new selection process for the President eliminates the bias for “rich” and “famous” candidates, by replacing the “direct” elections at large for the President, with “indirect” elections for President through the intermediation of the Members of Congress. Tanggulang Demokrasya (TanDem), Inc., Call for a Strong and Immediately Accountable Government, 11 April 2017. We Care – Explanatory Notes, Proposed Constitutional Amendments for a Unicameral Parliament, pages 1 & 4-5, 12 October 2011.

“Rich” candidates are those who can afford to spend billions to campaign and themselves known to the voters nationwide. The “famous” candidates are the entertainment, sports and media celebrities who no longer need to campaign because they are already known to the voters nationwide. Id, page 4.

Under parliamentary practice, the heads of contending political parties are ordinarily the respective candidates of the said parties for the position of chief executive. The party that wins a majority of the seats in parliament earns the right to elect their party head to the position of chief executive. This is the process of “indirect” elections. Id, page 5.

Notably, the selection process for the President under the United States Constitution is also by “indirect” elections through the intermediation of Pledged Electors under an Electoral College. This is substantially similar to the process of “indirect” elections under parliamentary practice. The main difference between them is that the Pledged Electors have only one function which is to elect the President, while the Members of Parliament have dual functions of electing the President and enacting laws. Id, pages 5-8.

Stated differently, the adoption of the new selection process for the President is like mandating Congress to serve the additional function of an Electoral College to elect the President. However, after electing the President, the Members of Congress continue to serve by enacting laws. Id, pages 5-8.

From the viewpoint of the private sector, the process of “indirect” elections for chief executive under parliamentary practice, is substantially similar to the selection process for chief executive under private corporate practice. In a private corporation, the shareholders merely elect their representatives to the board of directors. It is then the board that elects the chief executive. The board of directors is the parliament, while the shareholders are the voters. Id, page 5.

cxii See 1973 Constitution, Article VII, Sec. 3. See 1987 Constitution, Article VII, Sec. 2. The lower age qualification of

forty years under the 1987 Constitution is adopted to broaden the roster of candidates for president.

cxiii See 1973 Constitution, Article VII, Secs. 1 & 2 where the head of state in the person of the President is elected by a

majority vote of all the members of Congress.

cxiv We Care – Proposed Amendments to the Constitution, Article VII, Sec. 1, 30 November 2007.

cxv See 1973 Constitution, Article IX, Sec. 1 where the prime minister exercises the executive powers of the president.

cxvi 1973 Constitution, Article VII, Sec. 4(1). 1987 Constitution, Article VII, Sec. 6.

cxvii 1973 Constitution, Article VII, Sec. 4(2). 1987 Constitution, Article VII, Sec. 13.

cxviii 1973 Constitution, Article VII, Sec. 5.

cxix 1973 Constitution, Article VII, Sec. 6(1). 1987 Constitution, Article VII, Sec. 23.

cxx 1973 Constitution, Article VII, Sec. 6(3).

cxxi 1973 Constitution, Article VII, Sec. 6(4).

cxxii 1973 Constitution, Article VII, Sec. 6(5).

cxxiii 1973 Constitution, Article VII, Sec. 6(6).

cxxiv 1973 Constitution, Article VII, Sec. 7.

cxxv See 1973 Constitution, Article IX, Sec. 1.

cxxvi See 1973 Constitution, Article IX, Sec. 2.

cxxvii See 1973 Constitution, Article IX, Sec. 4.

cxxviii See 1973 Constitution, Article IX, Sec. 5(1).

cxxix See 1973 Constitution, Article IX, Sec. 5(2).

cxxx See 1973 Constitution, Article IX, Sec. 6.

cxxxi See 1973 Constitution, Article IX, Sec. 7.

cxxxii See 1973 Constitution, Article IX, Sec. 8.

cxxxiii See 1973 Constitution, Article IX, Sec. 9.

cxxxiv See 1973 Constitution, Article IX, Sec. 10.

cxxxv See 1973 Constitution, Article IX, Sec. 11. 1987 Constitution, Article VII, Sec. 17.

cxxxvi See 1973 Constitution, Article IX, Sec. 12. See 1987 Constitution, Article VII, Sec. 18.

cxxxvii See 1973 Constitution, Article IX, Sec. 13. See 1987 Constitution, Article VII, Sec. 16.

cxxxviii See 1973 Constitution, Article IX, Sec. 14. See 1987 Constitution, Article VII, Sec. 19.

cxxxix See 1973 Constitution, Article IX, Sec. 15. See 1987 Constitution, Article VII, Sec. 20.

cxl See 1973 Constitution, Article IX, Sec. 16.

cxli1973 Constitution, Article X, Sec. 1. 1987 Constitution, Article VIII, Sec. 1.

cxlii1973 Constitution, Article X, Sec. 1. 1987 Constitution, Article VIII, Sec. 2.

cxliii 1987 Constitution, Article VIII, Sec. 4(1). 1973 Constitution, Article X, Sec. 2(1).

cxliv 1987 Constitution, Article VIII, Sec. 4(2). 1973 Constitution, Article X, Sec. 2(2). Qualified majority votes are required to declare the unconstitutionality of a law or decide a case heard en banc to promote the stability of the legal system.

cxlv 1987 Constitution, Article VIII, Sec. 4(3). 1973 Constitution, Article X, Sec. 2(3). Divisions of three and five are provided for the speedy disposition of cases.

cxlvi 1973 Constitution, Article X, Sec. 3(1). 1987 Constitution, Article VIII, Sec. 7(1).

cxlvii1973 Constitution, Article X, Sec. 3(2). 1987 Constitution, Article VIII, Sec. 7(2).

cxlviii 1973 Constitution, Article X, Sec. 4. 1987 Constitution, Article VIII, Sec. 9.

cxlix 1973 Constitution, Article X, Sec. 5. 1987 Constitution, Article VIII, Sec. 5.

cl 1973 Constitution, Article X, Sec. 6. 1987 Constitution, Article VIII, Sec. 6.

cli 1973 Constitution, Article X, Sec. 7. 1987 Constitution, Article VIII, Sec. 11. A qualified majority vote is required to promote stability in the tenure of judges.

clii 1973 Constitution, Article X, Sec. 8. 1987 Constitution, Article VIII, Sec. 13.

cliii 1973 Constitution, Article X, Sec. 9. 1987 Constitution, Article VIII, Sec. 14.

cliv 1973 Constitution, Article X, Sec. 10. 1987 Constitution, Article VIII, Sec. 10.

clvSee 1973 Constitution, Article X, Sec. 11(1). See 1987 Constitution, Article VIII, Sec. 15(1). Full flexibility is granted

to the Supreme Court in determining the maximum period to decide or resolve cases, because it is presumably the entity in

the best position to make this determination, taking into consideration the practical limitations of its resources in relation to

the actual workload.

clvi See 1973 Constitution, Article X, Sec. 11(2). Full flexibility is granted to the Supreme Court in adopting appropriate

measures to facilitate the speedy disposition of cases, including the automatic affirmation or dismissal of cases under certain

circumstances, taking into consideration the principles of justice and due process.

clvii1973 Constitution, Article X, Sec. 12. 1987 Constitution, Article VIII, Sec. 16.

clviii1973 Constitution, Article XIIA, Sec. 1. 1987 Constitution, Article IXA, Sec. 1.

clix1973 Constitution, Article XIIA, Sec. 2. 1987 Constitution, Article IXA, Sec. 3.

clx1973 Constitution, Article XIIA, Sec. 3. 1987 Constitution, Article IXA, Sec. 2.

clxi1973 Constitution, Article XIIA, Sec. 4. 1987 Constitution, Article IXA, Sec. 4.

clxii1973 Constitution, Article XIIB, Sec. 1. 1987 Constitution, Article IXB, Sec. 2.

clxiii1973 Constitution, Article XIIB, Sec. 1. 1987 Constitution, Article IXB, Sec. 1.

clxiv1973 Constitution, Article XIIB, Sec. 1. 1987 Constitution, Article IXB, Sec. 3.

clxv1973 Constitution, Article XIIB, Sec. 2. 1987 Constitution, Article IXB, Sec. 2.

clxvi 1973 Constitution, Article XIIB, Sec. 3. 1987 Constitution, Article IXB, Sec. 2.

clxvii1987 Constitution, Article IXB, Sec. 7. The prohibition is applied during tenure, rather than during the term of office, for flexibility in the reorganization of government.

clxviii1973 Constitution, Article XIIB, Sec. 4. 1987 Constitution, Article IXB, Sec. 9.

clxix1973 Constitution, Article XIIB, Sec. 5. 1987 Constitution, Article IXB, Sec. 2.

clxx1973 Constitution, Article XIIB, Sec. 6. 1987 Constitution, Article IXB, Sec. 5.

clxxi 1987 Constitution, Article IXA, Sec. 8.

clxxii 1973 Constitution, Article XIIC, Sec. 1. 1987 Constitution, Article IXC, Sec. 1.

clxxiii1973 Constitution, Article XIIC, Sec. 1. 1987 Constitution, Article IXC, Sec. 1.

clxxiv 1973 Constitution, Article XIIC, Sec. 2. 1987 Constitution, Article IXC, Sec. 2.

clxxv 1973 Constitution, Article XIIC, Sec. 3. 1987 Constitution, Article IXC, Sec. 3.

clxxvi 1973 Constitution, Article XIIC, Sec. 4. 1987 Constitution, Article IXC, Sec. 1.

clxxvii1973 Constitution, Article XIIC, Sec. 5. 1987 Constitution, Article IXC, Sec. 4.

clxxviii1973 Constitution, Article XIIC, Sec. 6. 1987 Constitution, Article IXC, Sec. 9.

clxxix1973 Constitution, Article XIIC, Sec. 7. 1987 Constitution, Article IXC, Sec. 5.

clxxx 1973 Constitution, Article XIIC, Sec. 8. 1987 Constitution, Article IXC, Sec. 2.

clxxxi 1973 Constitution, Article XIIC, Sec. 9. 1987 Constitution, Article IXC, Sec. 10.

clxxxii 1973 Constitution, Article XIIC, Sec. 9. 1987 Constitution, Article IXC, Sec. 8

clxxxiii 1973 Constitution, Article XIIC, Sec. 10.

clxxxiv 1973 Constitution, Article XIID, Sec. 1. 1987 Constitution, Article IXD, Sec. 1.

clxxxv 1973 Constitution, Article XIID, Sec. 1. 1987 Constitution, Article IXD, Sec. 1.

clxxxvi1973 Constitution, Article XIID, Sec. 2. 1987 Constitution, Article XID, Sec. 2.

clxxxvii 1973 Constitution, Article XIID, Sec. 2. 1987 Constitution, Article XID, Sec. 4.

clxxxviii 1973 Constitution, Article XIID, Sec. 2. 1987 Constitution, Article XIA, Sec. 8.

clxxxix1973 Constitution, Article XI, Sec. 1 & 3. 1987 Constitution, Article X, Secs. 1 & 10.

cxc1973 Constitution, Article XI, Sec. 2. 1987 Constitution, Article X, Sec. 3.

cxci1973 Constitution, Article XI, Sec. 3. 1987 Constitution, Article X, Sec. 10.

cxcii1987 Constitution, Article X, Sec. 4.

cxciii1973 Constitution, Article XI, Sec. 4. 1987 Constitution, Article X, Sec. 4.

cxciv1973 Constitution, Article XI, Sec. 4. 1987 Constitution, Article X, Sec. 13.

cxcv1973 Constitution, Article XI, Sec. 5. 1987 Constitution, Article X, Sec. 5.

cxcvi Demosthenes B. Donato, Proposed Revision of the Local Government Code, 22 January 2018, Page 1, which reads in part as follows: “The comprehensive delineation of functions of the national and local governments promotes consistency in the enforcement of government policy, by avoiding the overlap of jurisdiction by separate government bodies over the same subject matter. Furthermore, it promotes the efficient use of government resources, by avoiding the duplication of functions. Finally, it promotes the speedy implementation of government programs and projects, by avoiding delays caused by conflicts of jurisdiction. The delineation seeks to promote local government autonomy in the proper cases, subject however to national government supremacy, in case of conflict between the local interest and the national interest.”

cxcvii Id, Page 4, which reads in part as follows: “The consolidation of local government powers in cities and municipalities

promotes the efficient use of government resources, by avoiding the overlap of jurisdiction by separate government subdivisions over the same local territory. Notably, the cities and municipalities collectively, cover the entire national territory without any overlap of territorial jurisdiction.

“Furthermore, the municipal and city governments constitute the basic government structure in present day human settlements. While barangays were the dominant human settlements throughout the archipelago up to the 15^th century, these smaller size settlements have since given way to larger developments in the mold of municipalities and cities.

“Compared to the provincial governments, the municipal and city governments are closer to the people in present day municipalities and cities. Compared to the barangay governments, the municipal and city governments are more capable and better equipped to promote the general welfare, deliver basic services, and enforce peace and order throughout the entire municipality of city.”

cxcviii Id, Page 11.

cxcix Id.

cc Id.

cci Id.

cciiId, Pages 11-12.

cciiiId, Page 11.

cciv Id, Page 11, which reads in part as follows: “The consolidation of legislative and executive powers in the local councils strengthens the local government units, by concentrating all political powers in one political body, and by avoiding institutional deadlocks between the local legislature and the local executive. The vesting of executive power, or more particularly the power to “hire-and-fire” the local executive, in a collegial body promotes good governance, by institutionalizing joint responsibility, and by avoiding the concentration of executive power in a single individual.”

ccv Demosthenes B. Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2.

ccvi Supra Local Government Code, Page 13.

ccvii Id.

ccviii The new provision provides the constitutional basis for flexibility in the pursuit of regional decentralization. In lieu of autonomous regions which are local government units that require for their creation the approval of local voters in a plebiscite, the alternative regional authorities which are instrumentalities of the national government, do not require for their creation the approval of local voters. See We Care – Comments on the GRP-MILF Peace Process, pages 13-14 & 16-17, 01 December 2008, revised 11 March 2010.

ccix See 1973 Constitution, Article VII, Sec. 1, and Article IX, Sec. 11. See 1987 Constitution, Article VII, Sec. 17.

ccx Id.

ccxi Id.

ccxii See 1987 Constitution, Article X, Secs. 1, 10, 15 & 18. The new provision lays the constitutional basis for the implementation of regional decentralization throughout the entire country, and not only in Muslim Mindanao and the Cordilleras. The new policy seeks to disperse development throughout the regions by securing the benefits of “location” (or advantage of proximity to the regional center), attracting the forces of “agglomeration” (or advantage of concentration in the regional center where there are already large concentrations of people and investments), and promoting “friendly competition” (or advantage of competition among regional centers to deliver the best services at the most reasonable prices). See Gonzalo M. Jurado, Notes on the Federal Structure for the Philippines, pages 2-4, 10 September 2012.

ccxiii1987 Constitution, Article X, Secs. 4 & 16.

ccxiv Demosthenes B. Donato, Advantages and Disadvantages of Regional Decentralization, Page 1.

ccxv Demosthenes B. Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Pages 1-2.

ccxvi Demosthenes B. Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2.

ccxvii The minimum number of three (3) substates is based on the three (3) main island groups of the Philippine archipelago, i.e. Luzon, Visayas, Mindanao. Nonetheless, the provision does not pre-empt the people on how or with whom they would like to create a substate. For example, the provision does not prevent the people of the Bicol region in Luzon from creating a substate together with the people of the Waray region in the Visayas.

ccxviii 1787 Constitution of the United States, Article VI.

ccxix Demosthenes B. Donato, Advantages and Disadvantages of Regional Decentralization, Page 1, which reads in part as follows: “Another disadvantage of the federal system, which also applies to the autonomous region, is that it creates another layer of partisan politics at the regional level. This may lead to wastage of resources for the government, the political parties and the constituent communities.

“In any case, this political disadvantage may be avoided if instead of electing another set of regional politicians, the present city mayors, municipal mayors and/or district congressmen will simply be designated as the ex-officio members of the regional legislature or assembly.”

ccxx Demosthenes B. Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Pages 1-2, which reads in part as follows:

“Collective rule has various advantages over one-man rule for purposes of “good governance”. It promotes proficiency, integrity and accountability in the making and implementation of decisions.

“PROFICIENCY. Collective rule by its inherent nature harnesses collective wisdom. It extrapolates to a higher level the idiom “two heads are better than one”.

“INTEGRITY. Collective rule impedes graft and corruption because its group-based mechanism necessarily requires the disclosure of material information to many individuals. As human experience shows, “corruption thrives in secrecy, and withers in the light”.

“ACCOUNTABILITY. Collective rule strengthens accountability because it separates the “exercise of power” from the “ultimate hold on power”. As political reality shows, the individual with delegated authority to exercise executive power, routinely defers to the collective will of the assembly of people's representatives, because this body holds the ultimate authority to hire-and-fire him.

“Collective rule weakens the control or influence of the oligarchs and the family dynasties over the government, by dispersing the ultimate power of control from one individual to the assembly of people's representatives. At the same time, it strengthens the government vis-a-vis the powerful vested interests, by consolidating the law-making and law-execution powers in the assembly of representatives.

“Furthermore, collective rule diminishes the natural advantage of “rich and famous” candidates over competent but unpopular candidates, by replacing one large national constituency with multiple small local constituencies. Notably, a manipulative mass media is less effective in smaller constituencies, because here the voter has greater chances of knowing the real qualities of the candidate. Moreover, the selection process involving multiple small constituencies requires a substantially lower number of votes to win the post of chief executive.

“Finally, collective rule makes the chief executive more readily removable for acts or omissions involving fault or negligence, through a mere vote of “loss of confidence” in the assembly of people’s representatives, rather than through an impeachment trial, administrative proceeding or criminal prosecution.”

ccxxi Demosthenes B. Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2, which reads in part as follows: “One disadvantage of collective rule is that it is open to instability. Since the chief executive is usually removable at any time by a vote of the majority of the members of the people’s assembly for mere loss of confidence, there can be frequent changes in political leaders over short durations like every few months or years. Changes in political leaders ordinarily involve changes in policy. This results in the unpredictability of government that eventually hampers business and economic activity.

“Nonetheless, this political disadvantage may be avoided if the method to hire-and-fire the chief executive is modified. The modified method can make it easy to “hire” the chief executive (such as by simple majority vote), and difficult to “fire” him (such as by qualified 2/3 majority vote). Once elected, the chief executive can hold the position until the expiration or termination of his membership in the people’s assembly, or until he is earlier removed from office by qualified majority vote.

“This modified method of hiring and firing the chief executive may strike a balance between the need to address the disadvantage of instability, and the need to retain the advantage of accountability.”

ccxxii See Rep. Act No. 7227, as amended, Bases Conversion and Development Act of 1992, Sec. 12(h).

ccxxiii 1973 Constitution, Article XV, Sec. 13. 1987 Constitution, Article XVI, Sec. 4. 1973 Constitution, Article XV, Sec. 12. 1987 Constitution, Article XVI, Sec. 6. Tanggulang Demokrasya (TanDem), Inc., Call to Empower the Regions,09 April 2017, which reads in part as follows: “Whereas, the feared “Balkanization” of the country may be addressed by keeping the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) under the federal state, and allowing the component states to maintain only limited security forces solely for the protection of their public officials and government properties.”

ccxxiv 1787 Constitution of the United States, Article I, Section 10.

ccxxv See 1787 Constitution of the United States, Article I, Section 10.

ccxxvi 1787 Constitution of the United States, Article I, Section 10.

ccxxvii Demosthenes B. Donato, Advantages and Disadvantages of Regional Decentralization, 27 August 2016, Page 1, which reads in part as follows: “One disadvantage of the federal system is that it allows the proliferation of divergent or conflicting legal systems among the component states. Notably, complicated legal systems increase the cost of doing business and hinder efforts at job-creation.

“Nonetheless, this economic disadvantage may be avoided if the state legislatures will be prohibited from enacting legislation on banking, insurance, commerce (on goods and services), insolvency, intellectual property rights, professional practice, immigration, naturalization, income tax, value added tax, import tax and export tax, unless otherwise provided by the federal legislature.”

ccxxviii This rule is the reverse of the principle adopted under Amendment 10 of the Constitution of the United States (1791). The reversal is based on the peculiar situation of the Philippines where the establishment of the federal state proceeds from the division of a pre-existing unitary state. This is the reverse of the situation of the United States where the establishment of the federal state proceeded from the federation of several pre-existing states.

ccxxix1973 Constitution, Article XIII, Sec. 1. 1987 Constitution, Article XI, Sec. 1.

ccxxx1973 Constitution, Article XIII, Sec. 2. 1987 Constitution, Article XI, Sec. 2.

ccxxxi1973 Constitution, Article XIII, Sec. 3. 1987 Constitution, Article XI, Sec. 3.

ccxxxii1973 Constitution, Article XIII, Sec. 4. 1987 Constitution, Article XI, Sec. 3.

ccxxxiii1973 Constitution, Article XIII, Sec. 5. 1987 Constitution, Article XI, Sec. 4.

ccxxxiv1973 Constitution, Article XIII, Sec. 6. 1987 Constitution, Article XI, Sec. 5.

ccxxxv 1987 Constitution, Article XI-A, Sec. 15.

ccxxxvi The article on the national economy implements the new “principle of flexibility” where economic policy is

allowed to evolve through the continuing process of legislation and policy-making, instead of being fixed regardless of

changes in the milieu. While the constitutional limitations on foreign investments are deleted, Congress may nonetheless

adopt such limitations whenever required by “national security” or “basic security.”

To implement the “principle of flexibility,” the article adopts the “Delete Option” suggested by Professor Alexander R.

Magno, who reasoned that since the provisions to be removed will not be replaced, then there is no need to debate wording.

The debate on economic policy may then be conducted in the legislature. Alex Magno, Delete, First Person, Opinion, The

Philippine Star, 13 December 2008.

Moreover, the “Delete Option” is preferred over the alternative suggestion of inserting the clause “unless otherwise

provided by law,” because the former provides for the immediate liberalization of certain critical sectors, while the latter

needs to wait for implementing legislation.

In the absence “national security” or “basic security” concerns, the legal system including the constitutional

framework must be reformed to liberalize foreign investments, in order to create jobs, reduce consumer prices, transfer

technologies, gain access to foreign markets, strengthen free competition and enhance efficiency. The national economy

must be allowed to utilize all resources available, whether domestic or foreign, to promote the full employment of labor and

the general welfare of consumers, who comprise the greater majority of the people. Demosthenes B. Donato, Advantages

and Disadvantages of Foreign Investment Liberalization, Page 1, 27 August 2016.

As the OFW phenomenon shows, it is socially preferable to let foreign investors move into the country and hire Filipinos locally, than to deprive Filipinos of adequate livelihood opportunities in the country, and virtually force them to move overseas, leaving their families behind, to work for foreign employers in a foreign land and under a foreign government. Id.

Notably, to address massive poverty, it is necessary to raise massive capital to create or support sustainable jobs. Considering that it costs about Php100,000.00 to employ a single employee for one full year based on the lowest minimum wage and cost of doing business, it therefore costs a staggering 400 billion pesos to employ the about 4,000,000 unemployed Filipinos for just one year. Hence, the urgent need to use all available capital resources, including foreign investments, for job creation. Tanggulang Demokrasya (TanDem), Inc., Call to Promote Inclusive Growth, 09 April 2017. Demosthenes B. Donato, Advantages and Disadvantages of Foreign Investment Liberalization, 14 January 2017. Demosthenes B. Donato, Do's and Don'ts of “System Change,” 10 September 2016.

ccxxxvii1973 Constitution, Article XIV, Sec. 8. 1935 Constitution, Article XIII, Sec. 1. 1987 Constitution, Article XII, Sec. 3.

ccxxxviii1973 Constitution, Article XIV, Sec. 10.

ccxxxix1973 Constitution, Article XIV, Sec. 14. 1987 Constitution, Article XII, Sec. 3.

ccxl1973 Constitution, Article XIV, Sec. 2.

ccxli1973 Constitution, Article XIV, Sec. 3. 1987 Constitution, Article XII, Sec. 10.

ccxlii1973 Constitution, Article XIV, Sec. 4. 1987 Constitution, Article XII, Sec. 16.

ccxliii1973 Constitution, Article XIV, Sec. 5. 1987 Constitution, Article XII, Sec. 11. Limitations on foreign investments in public utilities are deleted to promote infrastructure development, increase the supply of goods and services, reduce consumer prices, and create jobs. Nonetheless, if the economic security requires limitations on foreign investments in certain areas, limitations may be imposed by Congress.

ccxliv1973 Constitution, Article XIV, Sec. 6. 1987 Constitution, Article XII, Sec. 18.

ccxlv1973 Constitution, Article XIV, Sec. 7. 1987 Constitution, Article XII, Sec. 17.

ccxlvi1973 Constitution, Article XV, Sec. 1.

ccxlvii1987 Constitution, Article XIV, Sec. 6.

ccxlviii1987 Constitution, Article XIV, Sec. 7.

ccxlix1987 Constitution, Article XIV, Sec. 7.

ccl1987 Constitution, Article XIV, Sec. 7.

ccli1973 Constitution, Article XV, Sec. 2. 1987 Constitution, Article XVI, Sec. 2. Congress is granted omnibus powers to adopt a new flag and a new national language, in order that national symbols may truly reflect all the people, including those from the Visayas and Mindanao who do not share the history of the eight rays of the flag. For example, instead of symbolizing the eight Tagalog provinces that first rose against the Spanish colonizers, Congress may later consider adopting three rays each to represent the three major denominations of the nation, namely the Christians, the Muslims and the indigenous peoples.

cclii1973 Constitution, Article XV, Sec. 16. 1987 Constitution, Article XVI, Sec. 3.

ccliii 1973 Constitution, Article XV, Sec. 15. 1987 Constitution, Article II, Sec. 6.

ccliv 1973 Constitution, Article XV, Sec. 13. 1987 Constitution, Article XVI, Sec. 4.

cclv 1973 Constitution, Article XV, Sec. 13. 1987 Constitution, Article XVI, Sec. 4.

cclvi1973 Constitution, Article XV, Sec. 12. 1987 Constitution, Article XVI, Sec. 6.

cclvii1973 Constitution, Article XV, Sec. 4. 1987 Constitution, Article XVI, Sec. 5.

cclviii1987 Constitution, Article XVI, Sec. 5.

cclix1973 Constitution, Article XV, Sec. 5.

cclx1973 Constitution, Article XV, Sec. 5.

cclxi1973 Constitution, Article XV, Sec. 8.

cclxii1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 2.

cclxiii1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 5.

cclxiv 1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 2.

cclxv1973 Constitution, Article XV, Sec. 9. 1987 Constitution, Article XIV, Sec. 10.

cclxvi1973 Constitution, Article XV, Sec. 9. 1987 Constitution, Article XIV, Secs. 14 & 15.

cclxvii 1973 Constitution, Article XV, Sec. 10.

cclxviii 1973 Constitution, Article XV, Sec. 11. 1987 Constitution, Article II, Sec. 22. The term “indigenous peoples” is adopted because it is more commonly used compared to the terms “national cultural communities” and “indigenous cultural communities”.

cclxix Republic Act No. 8371, known as “The Indigenous Peoples’ Rights Act of 1997,” Sec. 2.

cclxx 1973 Constitution, Article XIV, Sec. 1. 1987 Constitution, Article XII, Sec. 9.

cclxxi 1973 Constitution, Article XV, Sec. 14. 1987 Constitution, Article XII, Sec. 20.

cclxxii 1935 Constitution, Article XV, Sec. 1. The 1935 Constitution provision on “amendments” is adopted in principle because it is plain and simple. Complex distinctions between “amendment” and “revision” have no place in the constitution, because this legal instrument is authored by the common people at large, unlike in statutes which are authored by a select group of public officials whose main occupation is to enact laws. Based on past experience with the people's initiative to amend the constitution, complex legalistic distinctions between “amendment” and “revision” were used to block the petition seeking a democratic plebiscite on proposed changes to the basic law of the land. The definition of “amendments” adopted here is consistent with the rulings of the Supreme Court in the cases of Simeon G. Del Rosario v. Ubaldo Carbonell, et al, G.R. No. L-32476, 20 October 1970, and Samuel C. Occena v. Commision on Elections, et al, G.R. No. 56350, 02 April 1981, that “amendment” includes “revision,” and that any technical distinction between an “amendment” or “revision” is immaterial the moment the proposed “change” is approved by the sovereign people.

cclxxiii 1973 Constitution, Article XVI, Sec. 1. 1987 Constitution, Article XVII, Sec. 1.

cclxxiv 1973 Constitution, Article XVI, Sec. 1. 1987 Constitution, Article XVII, Sec. 3. The clause providing for the submission to the electorate of the question of calling a convention is deleted on the following grounds: (1) the discretion to answer the question has already been delegated by the people to Congress; (2) the failure or refusal to exercise the delegated discretion will result in the substantial expenditure of public funds for an electoral exercise which could otherwise be avoided; (3) there is a less expensive way to ascertain the sentiment of people which is through scientific social survey and research; and (4) the people may already directly propose amendments to the Constitution through initiative.

cclxxv 1987 Constitution, Article XVII, Sec. 2. The minimum number of petitioners upon a people's initiative is substantially reduced from 12% to 5% in relation to the total number of registered voters, and from 3% to 1% in relation to the number of registered voters in every legislative district. This is based on past experience with people's initiative where it was almost logistically impossible for people's organizations to comply with the minimum number of petitioners.

cclxxvi 1973 Constitution, Article XVI, Sec. 2. 1987 Constitution, Article XVII, Sec. 4.

cclxxvii 1987 Constitution, Article XVI, Sec. 4.

cclxxviii See 1973 Constitution, Article XVII, Secs. 1, 2 and 3(1) that provides for an interim national assemby and interim president.

cclxxix See1973 Constitution, Article XVII, Sec. 3.

cclxxx See 1973 Constitution, Article XVII, Sec. 7. See 1987 Constitution, Article XVIII, Sec. 3.

cclxxxi See 1987 Constitution, Article XVIII, Sec. 10. See 1973 Constitution, Article XVII, Sec. 8.

cclxxxii See 1987 Constitution, Article XVIII, Sec. 9.

cclxxxiii 1987 Constitution, Article VIII, Sec. 11.

cclxxxiv See 1973 Constitution, Article XVII, Sec. 12.

cclxxxv See 1973 Constitution, Article XVII, Sec. 14. See 1987 Constitution, Article XVIII, Sec. 19.

cclxxxvi See 1973 Constitution, 1976 Amendment No. 7.

cclxxxvii See 1987 Constitution, Article XVIII, Secs. 1 & 2. See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 30, 30 November 2007.

cclxxxviii See 1987 Constitution, Article VI, Sec. 5, and Ordinance apportioning seats of the house of representatives or lower house based on population. See 1987 Constitution, Article VI, Sec. 2 providing for a senate or upper house composed of twenty-four senators. The twenty-four representatives elected by region under the new unicameral congress, substitute the twenty-four senators elected at large under the old bicameral congress.

cclxxxix See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 31, 30 November 2007.

ccxc See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 32. See 1987 Constitution, Article VI, Sec. 5, 30 November 2007.

ccxci Id.

ccxcii See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 28, 30 November 2007.

ccxciiiSee 1973 Constitution, Article XVII, Sec. 16.