PEOPLE'S
DRAFT
(a crowd-sourced constitution)
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 liberty, truth,
justice, equality and peace, do ordain this Constitution.[i]
ARTICLE I, 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.[ii]
ARTICLE II, Principles and Policies
Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.[iii]
Section 2. The defense of the State
is the prime duty of government, and in the fulfillment of this duty all
citizens shall be required by law to render personal military or civil
service.[iv]
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.[v]
Section 4. The State recognizes the
sanctity of the family.[vi]
Section
5. Civilian authority shall be supreme over the military. The Armed Forces
of the Philippines shall be the protector of the people and the State. It shall
secure the sovereignty of the people, the establishment of the State, and the
integrity of the national territory.[vii]
Section 6. Public
office is a public trust. Public officers and employees shall serve with
responsibility, integrity, loyalty, and efficiency, and be accountable to the
people.[viii]
Section 7. 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.[ix]
Section 8. The State shall promote
social justice, regulate the ownership and use of property, afford protection
to labor, and provide social services.[x]
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.[xii]
(4) Those who are naturalized in
accordance with law.[xiii]
(5) Those who reacquire citizenship
as provided by law.
Section 2. 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.[xiv]
Section 3. It shall
be the duty of the citizen to be loyal to the Republic, honor the Philippine
flag, defend the State, uphold the Constitution, obey the laws, cooperate with
duly constituted authorities, contribute to the general welfare, render
community service and provide family support.[xv]
Section 4. 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.[xvi]
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.[xvii]
Section 2. Private property shall
not be taken for public use without just compensation.[xviii]
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.[xix]
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.[xx]
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.[xxi]
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.[xxii]
Section 7. The right to form
associations or societies for purposes not contrary to the law shall not be
abridged.[xxiii]
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.[xxiv]
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.[xxv]
Section 10. No law impairing the
obligation of contracts shall be passed.[xxvi]
Section 11. No ex post facto law
or bill of attainder shall be enacted.[xxvii]
Section 12. No person shall be
imprisoned for debt or non-payment of a poll tax.[xxviii]
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.[xxix]
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.[xxx]
Section 15. All persons, shall
have the right to a speedy disposition of their cases in all judicial,
quasi-judicial, or administrative bodies.[xxxi]
Section 16. No person shall be
held to answer for a criminal offense without due process of law.[xxxii]
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.[xxxiii]
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.[xxxiv]
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.[xxxv]
Section 20. Excessive fines shall
not be imposed nor cruel or unusual punishment inflicted.[xxxvi]
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.[xxxvii]
Section 22. Free access to the
courts, quasi-judicial or administrative bodies shall not be denied to any
person by reason of poverty.[xxxviii]
ARTICLE V, Congress[xxxix]
Section 1. The
Legislative power shall be vested in Congress.[xl]
Section 2. Unless otherwise
provided by law, Congress shall be composed of not more than two hundred
district representatives, 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;[xli]
and of twenty-four regional representatives who shall be elected from among
the regions.[xlii]
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.[xliii]
Sectoral and people's
representatives[xliv] shall constitute twenty percent of the total number
of district, sectoral and people's representatives,[xlv]
excluding the regional representatives.[xlvi]
Congress may
by law change the name of Congress and the title of its members.[xlvii]
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.[xlviii]
(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.[xlix]
(3) Unless otherwise provided by
law, no Member of Congress shall serve for more than three consecutive terms.[l]
(4) Congress shall by law provide
for a system of recall for district, regional, sectoral and people's representatives.[li]
(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.[lii]
(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.[liii]
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.[liv]
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.[lv]
(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.[lvi]
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.[lvii]
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.[lviii] The election of the President shall
precede all other business following the election of the Speaker.[lix]
(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.[lx]
(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.[lxi]
(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.[lxii]
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.[lxiii]
(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.[lxiv]
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.[lxv]
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.[lxvi]
Section 11. No Member of Congress
shall appear as counsel before any court, or before any administrative body.[lxvii]
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.[lxviii]
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.[lxix]
(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.[lxx]
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.[lxxi]
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.[lxxii]
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.[lxxiii]
(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.[lxxiv]
(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.[lxxv]
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.[lxxvi]
(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.[lxxvii]
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.[lxxviii]
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.[lxxix]
(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.[lxxx]
(3) The procedure in approving
appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.[lxxxi]
(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.[lxxxii]
(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.[lxxxiii]
(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.[lxxxiv]
Section 17. (1) The rule of taxation
shall be uniform and equitable. Congress shall evolve a progressive system of
taxation.[lxxxv]
(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.[lxxxvi]
(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.[lxxxvii]
(4) No law granting any tax
exemption shall be passed without the concurrence of a majority of all the
Members of Congress.[lxxxviii]
Section 18. (1) No money shall be
paid out of the Treasury except in pursuance of an appropriation made by law.[lxxxix]
(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.[xc]
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.[xci]
(2)
Every bill passed by Congress shall embrace only one subject which shall
be expressed in the title thereof.[xcii]
(3) No bill except those of local
application shall be calendared without the prior recommendation of the
Cabinet.[xciii]
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.[xciv]
(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.[xcv]
Section 21. 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.[xcvi]
ARTICLE VI, President
Section 1.
Executive power shall be vested in the President.[xcvii]
Section 2. (1) The
President shall be the chief executive[xcviii]
and head of the cabinet[xcix].
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.[c]
(2) Congress
shall by law establish a council of state.[ci]
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.[cii]
Section 3. (1) The President
shall be elected from among the Members of Congress by a majority vote of all
its Members.[ciii]
(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.[civ] 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.
Section 4. There shall be a head
of state who shall be elected by a majority of all the Members of Congress.[cv]
The head of state shall be known as Lakan. Congress may by law change
the title of the head of state.[cvi] Congress shall by law provide for the powers,
functions, qualifications, compensation, emoluments, and term of office of the
head of state. In the absence of a head of state elected by Congress, the
President shall exercise the powers of the head of state.[cvii]
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.[cviii]
(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.[cix]
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.[cx]
Section 7. The President shall have
the following duties and functions:
(1) Address
Congress at the opening of its regular session.[cxi]
(2) Advise the Head of State to
dissolve Congress and call for a general election as provided herein.[cxii]
(3) Accept the resignation of any
member of the Cabinet.[cxiii]
(4) Attest to the appointment or
cessation from office of members of the Cabinet, and of other officers as may
be provided by law.[cxiv]
(5) Appoint all officers and
employees in his office in accordance with the Civil Service Law.[cxv]
Section 8. The President shall be immune from suit during his tenure.[cxvi]
Section 8. The President shall be immune from suit during his tenure.[cxvi]
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.[cxvii]
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.[cxviii]
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.[cxix]
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.[cxx]
(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.[cxxi]
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)[cxxii]
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.[cxxiii]
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.[cxxiv]
Section 16. The President or any
Member of the Cabinet may resign for any cause without vacating his seat in
Congress.[cxxv]
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.[cxxvi]
Section 18. The President shall have
control of all departments.[cxxvii]
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.[cxxviii]
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.[cxxix]
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.[cxxx]
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.[cxxxi]
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.[cxxxii]
ARTICLE VII, 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.[cxxxiii] 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.[cxxxiv]
Section 2. (1) The Supreme Court
shall be composed of a Chief Justice and fourteen Associate Justices. The
Supreme Court shall by a majority vote of all its Members, elect its Chief
Justice. It may sit en banc or in divisions of three, five, or seven
Members.[cxxxv]
(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.[cxxxvi]
(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.[cxxxvii]
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.[cxxxviii]
(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.[cxxxix]
Section 4. The Members of the
Supreme Court and judges of lower courts shall be appointed by the President.[cxl]
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.[cxli]
Section 6. The Supreme Court shall
have administrative supervision over all courts and the personnel thereof.[cxlii]
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.[cxliii]
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.[cxliv]
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.[cxlv]
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.[cxlvi]
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.[cxlvii]
(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.[cxlviii]
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.[cxlix]
Section 13. The Justices of the
Supreme Court 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.[cl]
Section 14. 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.[cli]
ARTICLE VIII, 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.[clii]
Section 2. Unless Congress
provides otherwise, the national language shall be based on Tagalog, enriched
by the other local languages, including Cebuano, Ilocano, Hiligaynon,
Waray-Waray, Bikol, Kapangpangan, Pangasinan, Maranao, Tausug, Maguindanao and
Kinaray-a, among others.[cliii]
The official languages of the Philippines shall be the national language and
English.[cliv]
The regional languages shall be auxiliary official languages in the regions.[clv]
Spanish and Arabic shall be promoted.[clvi]
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.[clvii]
Section 4. The State may not be sued
without its consent.[clviii]
Section 5. The separation of the
church and the State shall be inviolable.[clix]
Section
6. The State shall have one national military force.[clx]
Section 7. The State shall have
one national police force.[clxi]
Section 8. No elective or appointive
public officer or employee shall receive accept, without the consent of
Congress, any present, emolument, office or title of any kind from any foreign
state.[clxii]
Section 9. (1) All educational
institutions shall subject to the supervision and regulation by the State.[clxiii]
(2) All institutions of higher
learning shall enjoy academic freedom.[clxiv]
(3) The State shall establish system
of free public elementary and high school education.[clxv]
Section 10. Congress shall by law
recognize the titles of royalty of the southern sultanates of Sulu, Maguindanao
and Lanao.[clxvi] The legal recognition shall be 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.
Section 11. The State shall consider
the customs, traditions, beliefs, and interests of the indigenous peoples
in the formulation and implementation of State policies.[clxvii]
Congress shall recognize, respect and protect the rights of the indigenous
peoples and their ancestral lands within the framework of the Constitution.[clxviii]
Section 12. 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.[clxix]
Section 13. 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.[clxx]
Section 14. 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.[clxxi]
Section 15. The State shall promote
local government autonomy.[clxxii] The President shall exercise general
supervision over local government units.[clxxiii]
Section 16.
The territorial and political subdivisions of the Philippines are the
provinces, cities, municipalities, and barangays.[clxxiv]
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.[clxxv] Congress may set
requirments for the creation of a local government unit based on income,
population, land area and culture.[clxxvi]
Section 17. Congress may by law create, divide, merge,
abolish or substantially alter boundaries of regional authorities which shall
form part of the national government.[clxxvii]
The President shall have control of the regional authorities as
instrumentalities of the national government.[clxxviii]
Section 18. Congress
may by law create, divide, merge, abolish or substantially alter boundaries of
autonomous regions as territorial and political subdivisions, subject to the
approval by a majority of the votes cast in a plebiscite in the provinces and
cities affected.[clxxix]
Congress may by law set requirements for the creation of an autonomous
region, based on income, population, land area and culture.[clxxx]
The vesting of powers in
autonomous regions shall be accompanied by the provision of resources to
perform their functions.[clxxxi] They shall have the power to
create their own sources of revenue, a just share in the national taxes and an
equitable share in the national wealth within their respective areas, in
accordance with law.[clxxxii]
The President shall
exercise general supervision over the autonomous regions as local government
units.[clxxxiii]
Section
19. The powers not granted to the autonomous regions by this Constitution or
by law are deemed vested in the national government of the State.
ARTICLE
IX, Federal State, Component State
Section 1. A
Federal State shall be established from the present unitary state upon the
creation of at least one (1) Component State.[clxxxiv] No Component State may secede from the
Federal State under this Constitution.
Section 2. The
creation of a Component State may be initiated by a resolution of Congress or
the regional council, or directly by the people through initiative. The
creation of a Component State by a resolution of Congress or the regional
council, shall be valid when ratified by a majority of the votes cast in a
plebiscite, which shall be held not later than three months after the approval
of such resolution. The creation of a Component State by people's initiative
shall be valid when ratified by a majority of the votes cast in a 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 3. Component
States may be created, divided, merged, abolished or boundaries substantially
altered when ratified by a majority of the votes cast in a plebiscite in the
provinces and cities affected.[clxxxv]
Congress may by law set requirements for the creation of a Component State,
based on income, population, land area and culture.[clxxxvi]
The vesting of powers in Component
States shall be accompanied by the provision of resources to perform their
functions.[clxxxvii] They shall have the power to
create their own sources of revenue, a just share in the federal taxes in the
absence of equivalent taxes by the Component State, and an equitable share in
the national wealth within their respective areas, in accordance with federal
law.[clxxxviii]
Section 4. The
areas without a Component State shall be under the sole jurisdiction of the
Federal State.
Section 5. Upon
the establishment of the Federal State, this Constitution shall be the federal
constitution, and the national laws shall be the federal laws.
Section 6. 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 Component State shall be bound thereby,
anything in the constitution or laws of any Component State to the contrary
notwithstanding.[clxxxix]
Section 7. A
Component State shall be authorized to establish and maintain an internal
security and safety force. [cxc]
However, no Component State shall establish or maintain any military force
or police force. Only the Federal State shall establish a military force and
police force.[cxci]
Section 8. No
Component State shall enter into any treaty, alliance, or confederation.[cxcii] Only the Federal State may enter into any
treaty, alliance, or confederation.
Section 9. No
Component State shall, without the consent of Congress, issue any currency or
money for use as a medium of exchange.[cxciii]
Section 10. No
Component State shall, without the consent of Congress, impose taxes or duties
on imports or exports.[cxciv] No Component State shall, without the
consent of Congress, impose any income tax or value added tax.
Section 11. No Component State 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.[cxcv]
Section 12. Unless
Congress or the legislature of the Component State provides otherwise, the
appellate courts and trial courts of the Federal State shall be vested with
judicial power to hear and decide all cases arising under the laws of the
Component State.
Section 13. The powers not
granted to the Component States under this Constitution are deemed vested in
the Federal State.[cxcvi]
ARTICLE X, Amendments[cxcvii]
Section 1. Any amendment to this Constitution may be proposed by Congress upon a vote of three-fourths of all its Members.[cxcviii] Congress may, by a vote of two-thirds of all its Members, call a constitutional convention to amend this Constitution.[cxcix] Amendments to this Constitution may also be proposed directly by the people through initiative in accordance with law.[cc]
Section 2. Any amendment to this
Constitution by constituent assembly, constitutional convention or people's
initiative shall be valid when ratified by a majority of the votes cast in the
plebiscite.[cci]
ARTICLE XI, Transitory Provisions
Section 1. The President, Vice-President, Senate, Congress, Supreme Court, Civil Service Commission, Commission on Elections, Commission on Audit, Ombudsman, 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, except as otherwise provided herein. The offices of the President, Vice-President, Senate and Congress under the 1987 Constitution shall be dissolved at noon on the thirtieth day of June of 2022.[ccii] The senators elected on the second Monday of May of 2019 shall continue to serve as legislators and ex-officio members of the first Congress under this Constitution until the thirtieth day of June of 2025.
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 this Constitution or the appended Ordinance,
by subsequent proclamations, orders, decrees, instructions, or unless expressly
or impliedly modified or repealed by Congress or the President.[cciii]
Section 3. All existing laws
consistent with this Constitution shall remain operative until amended,
modified, or repealed by Congress.[cciv]
All existing laws inconsistent with this Constitution, including its default
provisions and the appended Ordinance, shall be deemed amended 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 consistent with
this Constitution shall remain operative, unless amended, modified, or repealed
by Congress or the Supreme Court.[ccv]
Section 5. All officials and
employees in the existing executive branch of government of the Republic of the
Philippines, including the Constitutional Commissions and the Ombudsman, 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 and the Ombudsman,
shall vacate their respective offices upon the appointment and qualification of
their successors by the new President.[ccvi]
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.[ccvii]
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.[ccviii]
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.[ccix]
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.[ccx]
Section 10. The elections for the
representatives of districts, regions, sectors and peoples, of the first
Congress under this Constitution shall be held on the second Monday of May of
2022.[ccxi]
Section 11. Unless Congress
provides otherwise, all contests relating to the election, returns and
qualifications of all elective officials arising under this Constitution, shall
be under the exclusive original jurisdiction of the trial courts of general
jurisdiction, subject to judicial remedies on appeal or certiorari.[ccxii]
Section 12. 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).[ccxiii]
ORDINANCE
Section 1. Unless Congress provides otherwise, the
district representatives shall be apportioned according to the allocation of
seats under the Eighteenth Congress of the Philippines.
Section 2. Unless Congress provides otherwise, the
regional representatives 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.[ccxiv]
(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.[ccxv]
Section 3. Unless Congress provides otherwise, 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.[ccxvi]
Unless Congress provides otherwise, the people's representatives shall be
comprised of people's organizations of the northern indigenous peoples, the
southern indigenous peoples and the southern sultanates. Congress shall
by law allocate the seats 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.[ccxvii] Voters shall register
and vote in the sector or people concerned according to their social
classification. Organizations running for sectoral or people representation
shall be affiliated with accredited political parties.
Section
4. Unless Congress provides otherwise, elections for congressional
representatives shall be by party voting. Ballots shall indicate not only the
party's candidate for Representative, but also the party's nominee for
President. The voters shall vote for the candidate and the nominee together.
However, the party may change its nominee if the party does not win a majority
of the seats and joins a coalition government, or the nominee does not win a
seat in Congress.[ccxviii]
Section
5. Unless Congress provides otherwise, the two-party system shall be promoted.
Only the two dominant political parties with the highest number of elected
national legislators during the last national elections, shall be entitled to
official watchers and official copies of the election returns and certificates
of canvass. The interests of the other political parties shall be protected by
the accredited citizens' arm.[ccxix]
Section 6. Unless Congress provides otherwise, all
votes cast shall be counted or audited manually in public at the polling place
immediately after voting is finished, even if the election process is
automated.[ccxx]
Section 7. Unless Congress provides otherwise, 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.[ccxxi]
Section 8. Unless Congress
provides otherwise, 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.[ccxxii]
(2) Local
government powers shall be consolidated in cities and municipalities. The city
and municipality shall be the basic local government units.[ccxxiii]
(3) The
members of the city council and municipal council shall be elected by district.[ccxxiv]
(4) The city
mayor and municipal mayor shall be elected by majority vote of all the members
of the local council from among themselves.[ccxxv]
(5) The mayors
of cities and municipalities within the territory of a province shall be the ex-officio
members of the provincial council.[ccxxvi]
(6) The
provincial governor shall be elected by majority vote of all the members of the
provincial council.[ccxxvii]
(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.[ccxxviii] The Department of Interior and Local
Government may by implementing rules and regulations provide for the
registration and grant of legal personality to community associations of barangay
residents to promote local interest.
(8) The punong barangay shall be
elected by majority vote of all the members of the barangay council from
among themselves.[ccxxix]
(9) The city
mayor, municipal mayor, provincial governor and punong barangay shall
serve based on the trust and confidence of the local council.[ccxxx]
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.[ccxxxi]
(10) The term
of office of the members of local councils shall be five (5) years.[ccxxxii]
(11) No member
of any local council shall serve for more than three (3) consecutive terms.[ccxxxiii]
Elections for city and
municipal councilors shall be by party voting. Ballots shall indicate not only
the party's candidate for councilor, but also the party's nominee for mayor.
The voters shall vote for the candidate and the nominee together. However, the
party may change its nominee if the party does not win a majority of the seats
and joins a coalition government, or the nominee does not win a seat in the
council.
These provisions shall apply to local government officials elected
under this Constitution on the second Monday of May of 2022.
Section 9. In the absence of
regional authorities created by law, the President shall by executive order
create regional offices of the national government to promote regional
decentralization.[ccxxxiv]
The President shall have control of the regional offices as agencies of the
national government.[ccxxxv]
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. Unless otherwise provided by the President, the
regional offices shall cover the following regions: (1) national capital
region, (2) Cordillera region, (3) Luzon region excluding the national capital
region and the Cordillera region, (4) Visayas region, (5) Bangsamoro region,
and (6) Mindanao region excluding the Bangsamoro region; and shall integrate
the functions and resources of all line departments and their attached
agencies, except those under the Department of National Defense, Department of
Interior and Local Government, Department of Foreign Affairs, Department of
Justice, Department of Finance, Department of Budget and Management, National
Economic Development Authority, and Bangko Sentral ng Pilipinas. Each regional
office shall be headed by a secretary of cabinet rank.
Section 10. Unless
otherwise provided by Congress, autonomous regions shall be formed and
organized 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.[ccxxxvi]
(2) The regional chief executive shall be elected by
majority vote of all the members of the regional council.[ccxxxvii]
(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.[ccxxxviii]
(4) The term
of office of the members of the regional council shall be five (5) years.
(5) No member
of the regional council shall serve for more than three (3) consecutive terms.
Section 11. Unless otherwise
provided by resolution of Congress or the regional council, or by people's
initiative, Component States shall be formed and organized as follows:
(1) The district representatives, city mayors and
municipal mayors within the territory of a Component State shall be the ex-officio
members of a unicameral legislature.[ccxxxix]
(2) The chief executive shall be elected by majority
vote of all the members of the legislature.[ccxl]
(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.[ccxli]
(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 12. Unless Congress provides otherwise,
two or more members of the same family shall not be allowed to run for elective
office in the same constituency during the same elections. When a family
member runs for a national elective position, the spouse and relatives within
the second degree of consanguinity of such candidate shall be
barred from running for any other national elective position, but may run for a
local elective position. When a family member runs for a local elective
position, the spouse and relatives within the second degree of consanguinity of
such candidate shall be barred from running for any other local elective
position, but may run for a national elective position. Running for an elective
position includes being a nominee of a sectoral or people’s organization.
The People’s Draft is a crowd-sourced
constitution framed in 2018 at the initiative
of Tanggulang Demokrasya (Tan Dem), Inc. and
PUBLiCUS Asia, Inc.
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[i]1973
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 Christians, Muslims and indigenous peoples, while
the latter is inclined towards Christians to the exclusion of Muslims and
indigenous peoples.
[ii]1973
Constitution, Article I, Sec. 1. 1987 Constitution, Article I, Sec. 1.
“Historic or legal title” is used in lieu of “sovereignty or jurisdiction” in
the main clause 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. The retention of “sovereignty or jurisdiction” in the supplemental
clause covers the Kalayaan Island Group, Philippine Rise (Benham Rise) and
exclusive economic zone (EEZ) under the United Nations Convention on the Law of
the Sea ((UNCLOS).
[iii]1987
Constitution, Article II, Sec. 1. 1973 Constitution, Article II, Sec. 1.
[iv]1973
Constitution, Article II, Sec. 2. 1987 Constitution, Article II, Sec. 4.
[v]1973
Constitution, Article II, Sec. 3. 1987 Constitution, Article II, Sec. 2.
[vi]1973
Constitution, Article II, Sec. 4. 1987 Constitution, Article II, Sec. 12, &
Article XV, Sec. 1.
[vii]1987
Constitution, Article II, Sec. 3. 1973 Constitution, Article II, Sec. 8.
[viii]1973
Constitution, Article XIII, Sec. 1. 1987 Constitution, Article XI, Sec. 1.
[ix]1935
Constitution, Article XIII, Sec. 1. 1973 Constitution, Article XIV, Sec. 8.
1987 Constitution, Article XII, Sec. 3.
Regarding the national economy, the declaration of principles
and policies adopts and implements the “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.” See
D.B.Donato, Draft Law –
Liberalizing Foreign Investments and Professional Practice, and Establishing a
Foreign
Investment Council, 01
September 2016.
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 immediately to liberalize foreign
investments, and thereby 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. D.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 behind their families, to work for foreign employers in a foreign land
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. D.B.Donato, Advantages and Disadvantages of Foreign
Investment Liberalization, 14 January 2017. D.B.Donato, Do's and Don'ts of
“System Change,” 10 September 2016.
See Orion Perez Dumdum, It's all about Competition, 28 January
2012.
[x] 1973
Constitution, Article II, Sec. 6. 1987 Constitution, Article II, Sec. 10.
[xi] 1987
Constitution, Article II, Sec. 13. 1973 Constitution, Article II, Sec. 5
[xii]
1935 Constitution, Article III, Sec. 1(4). 1973 Constitution, Article IV, Sec.
1(3). 1987 Constitution, Article IV, Sec. 1(3).
[xiii]
1973 Constitution, Article III, Sec. 1. 1987 Constitution, Article IV, Sec. 1.
[xiv]
1987 Constitution, Article IV, Sec. 2. 1973 Constitution, Article III, Sec. 4.
[xv] 1973
Constitution, Article V, Sec. 1.
[xvi]
1973 Constitution, Article VI, Sec. 1. 1987 Constitution, Article V, Secs. 1
& 2.
[xvii]
1935 Constitution, Article II, Sec. 1(1). 1973 Constitution, Article IV, Sec.
1. 1987 Constitution, Article III, Sec. 1.
[xviii]
1973 Constitution, Article IV, Sec. 2. 1987 Constitution, Article III, Sec. 9.
[xix]
1973 Constitution, Article IV, Sec. 3. 1987 Constitution, Article III, Sec. 2.
[xx]1973
Constitution, Article IV, Sec. 4. 1987 Constitution, Article III, Sec. 3.
[xxi]
1973 Constitution, Article IV, Sec. 5. 1987 Constitution, Article III, Sec. 6.
[xxii]
1973 Constitution, Article IV, Sec. 6. 1987 Constitution, Article III, Sec. 7.
[xxiii]
1973 Constitution, Article IV, Sec. 7. 1987 Constitution, Article III, Sec. 8.
[xxiv]
1973 Constitution, Article IV, Sec. 8. 1987 Constitution, Article III, Sec. 5.
[xxv]
1973 Constitution, Article IV, Sec. 9. 1987 Constitution, Article III, Sec. 4.
[xxvi]
1973 Constitution, Article IV, Sec. 11. 1987 Constitution, Article III, Sec.
10.
[xxvii]
1973 Constitution, Article IV, Sec. 12. 1987 Constitution, Article III, Sec.
22.
[xxviii]
1973 Constitution, Article IV, Sec. 13. 1987 Constitution, Article III, Sec.
20.
[xxix]
1973 Constitution, Article IV, Sec. 14. 1987 Constitution, Article III, Sec.
18.
[xxx]
1973 Constitution, Article IV, Sec. 15. 1987 Constitution, Article III, Sec.
15.
[xxxi]
1973 Constitution, Article IV, Sec. 16. 1987 Constitution, Article III, Sec.
16.
[xxxii]
1973 Constitution, Article IV, Sec. 17. 1987 Constitution, Article III, Sec.
14.
[xxxiii]
1973 Constitution, Article IV, Sec. 18. 1987 Constitution, Article III, Sec.
13.
[xxxiv]
1973 Constitution, Article IV, Sec. 19. 1987 Constitution, Article III, Sec.
14.
[xxxv]
1973 Constitution, Article IV, Sec. 20. 1987 Constitution, Article III, Sec.
17.
[xxxvi]
1973 Constitution, Article IV, Sec. 21. 1987 Constitution, Article III, Sec.
19.
[xxxvii]
1973 Constitution, Article IV, Sec. 22. 1987 Constitution, Article III, Sec.
21.
[xxxviii]
1973 Constitution, Article IV, Sec. 23. 1987 Constitution, Article III, Sec.
11.
[xxxix]
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.
[xl] 1973
Constitution, Article VIII, Sec. 1. 1987 Constitution, Article VI, Sec. 1.
[xli] 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.
[xlii]
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.
[xliii]
1973 Constitution, Article VIII, Sec. 2. 1987 Constitution, Article VI, Sec.
5(1)&(3).
[xliv]
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.
[xlv]
1987 Constitution, Article VI, Sec. 5(2).
[xlvi]See
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.
[xlvii]See
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.
[xlviii]See
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.
The term of five
years is proposed as a reasonable compromise between three years and six years.
Notably, public office like any other office has a learning period. Since it is
elective, it also has a campaign period, which by experience is longer than the
period set by law. Moreover, the term of five years coincides with the usual
socio-economic development plan set in multiples of five. In any case, elective
officials who perform below standard may be removed from office through
mid-term recall elections.
[xlix]1973
Constitution, Article 3(2).
[l]1987
Constitution, Article VI, Sec. 7. We Care – Proposed Amendments to the
Constitution, Article VI, Sec. 7, 30 November 2007.
[li]We
Care – Proposed Amendments to the Constitution, Article VI, Sec. 7, 30 November
2007.
[lii] See
Rep. Act No. 7160, as amended, Local Government Code of 1991, Sec. 70(d), as
amended by Rep. Act No. 9244.
[liii]
See Rep. Act No. 7160, as amended, Local Government Code of 1991, Sec. 74, as
amended by Rep. Act No. 9244.
[liv]
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.
[lv]See
1973 Constitution, Article VIII, Sec. 5(1), which provides six years. See 1987
Constitution, Article VI, Sec. 8, which implies three years.
[lvi]
1973 Constitution, Article VIII, Sec. 5(1). 1987 Constitution, Article VI, Sec.
9.
[lvii]
1973 Constitution, Article VIII, Sec. 6. 1987 Constitution, Article VI, Sec.
15.
[lviii]
1973 Constitution, Article VIII, Sec. 7(1). 1987 Constitution, Article VI, Sec.
16(1).
[lix]
1973 Constitution, Article VIII, Sec. 7(1).
[lx] 1973
Constitution, Article VIII, Sec. 7(2). 1987 Constitution, Article VI, Sec.
16(2).
[lxi]
1973 Constitution, Article VIII, Sec. 7(3). 1987 Constitution, Article VI, Sec.
16(3).
[lxii]
1973 Constitution, Article VIII, Sec. 7(4). 1987 Constitution, Article VI, Sec.
16(4).
[lxiii]
1973 Constitution, Article VIII, Sec. 8(1). 1987 Constitution, Article VI, Sec.
10.
[lxiv]
1973 Constitution, Article VIII, Sec. 8(2). 1987 Constitution, Article VI, Sec.
20.
[lxv]
1973 Constitution, Article VIII, Sec. 9. 1987 Constitution, Article VI, Sec.
11.
[lxvi]
1973 Constitution, Article VIII, Sec. 10. 1987 Constitution, Article VI, Sec.
13.
[lxvii]
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.
[lxviii]
1973 Constitution, Article VIII, Sec. 11. 1987 Constitution, Article VI, Sec.
14.
[lxix]
1973 Constitution, Article VIII, Sec. 12(1). See 1987 Constitution, Article VI,
Sec. 22.
[lxx]
1973 Constitution, Article VIII, Sec. 12(2). 1987 Constitution, Article VI,
Sec. 21.
[lxxi]
See D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January
2017. See Orion Perez Dumdum, Philippine Progress: Shift in Sports, Shift in
System, 07 July 2010. See Orion Perez Dumdum, It's all about Competition, 28
January 2012. Dr. Jose V. Abueva, Why Change our Presidential Government to a
Parliamentary Government: A Primer, 22 June 2006. See Corporation Code, Sec.
28, that provides for the removal of a director or trustee upon 2/3 vote of the
stockholders or members, with or without cause, in relation to Sec. 24 that
provides for a majority of the stockholders or members to constitute a quorum
to elect directors or trustees, and with candidates receiving the highest
number of votes be elected.
[lxxii]
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.
[lxxiii]
1973 Constitution, Article VIII, Sec. 13(1).
[lxxiv]
1973 Constitution, Article VIII, Sec. 13(2).
[lxxv]
1973 Constitution, Article VIII, Sec. 13(3).
[lxxvi]
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.
[lxxvii]
1973 Constitution, Article VIII, Sec. 14(2). 1987 Constitution, Article VI,
Sec. 23(1).
[lxxviii]
1973 Constitution, Article VIII, Sec. 15. 1987 Constitution, Article VI, Sec.
23(2).
[lxxix]
1973 Constitution, Article VIII, Sec. 16(1). See 1987 Constitution, Article VI,
Sec. 25(1).
[lxxx]
1973 Constitution, Article VIII, Sec. 16(2). See 1987 Constitution, Article VI,
Sec. 25(2).
[lxxxi]
1973 Constitution, Article VIII, Sec. 16(3). See 1987 Constitution, Article VI,
Sec. 25(3).
[lxxxii]1973
Constitution, Article VIII, Sec. 16(4). See 1987 Constitution, Article VI, Sec.
25(4).
[lxxxiii]
1973 Constitution, Article VIII, Sec. 16(5). 1987 Constitution, Article VI,
Sec. 25(5).
[lxxxiv]
1973 Constitution, Article VIII, Sec. 16(6). See 1987 Constitution, Article VI,
Sec. 25(6).
[lxxxv]
1973 Constitution, Article VIII, Sec. 17(1). See 1987 Constitution, Article VI,
Sec. 28(1).
[lxxxvi]
1973 Constitution, Article VIII, Sec. 17(2). See 1987 Constitution, Article VI,
Sec. 28(2).
[lxxxvii]1973
Constitution, Article VIII, Sec. 17(3). See 1987 Constitution, Article VI, Sec.
28(3).
[lxxxviii]
1973 Constitution, Article VIII, Sec. 17(4). See 1987 Constitution, Article VI,
Sec. 28(4).
[lxxxix]
1973 Constitution, Article VIII, Sec. 18(1). See 1987 Constitution, Article VI,
Sec. 29(1).
[xc] 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.
[xci]
1973 Constitution, Article VIII, Sec. 19(1). 1987 Constitution, Article VI,
Sec. 26(2).
[xcii] 1987 Constitution, Article VI, Sec. 26(1).
1935 Constitution, Article VI, Sec. 21(1).
[xciii] 1973 Constitution, Article VIII, Sec. 19(2).
[xciv] 1973 Constitution, Article VIII, Sec. 20(1).
1987 Constitution, Article VI, Sec. 27(1).
[xcv]1973
Constitution, Article VIII, Sec. 20(2). 1987 Constitution, Article VI, Sec.
27(2).
[xcvi]
See 1987 Constitution, Article VI, Sec. 32.
[xcvii]
1987 Constitution, Article VII, Sec. 1.
[xcviii]
1973 Constitution, Article VII, Sec. 1.
[xcix]See
1973 Constitution, Article IX, Sec. 1.
[c]We
Care – Proposed Amendments to the Constitution, Article VII, Sec. 1, 30
November 2007.
[ci]See
Exec. Order No. 305 (1987), as amended by Exec. Order No. 168 (2003), creating
a Council of State.
[cii]We
Care – Proposed Amendments to the Constitution, Article VII, Sec. 1, 30 November
2007.
[ciii]See
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. See 1899 Constitution, Titles V, VII, VIII and IX, that provides for
a unicameral parliament.
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.
[civ] See
1935 Constitution, Article VII, Sec. 3. 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.
[cv] 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.
[cvi] We
Care – Proposed Amendments to the Constitution, Article VII, Sec. 1, 30
November 2007.
[cvii]
See 1973 Constitution, Article IX, Sec. 1 where the prime minister exercises
the executive powers of the president.
[cviii]
1973 Constitution, Article VII, Sec. 4(1). 1987 Constitution, Article VII, Sec.
6.
[cix]
1973 Constitution, Article VII, Sec. 4(2). 1987 Constitution, Article VII, Sec.
13.
[cx] 1973
Constitution, Article VII, Sec. 5.
[cxi]
1973 Constitution, Article VII, Sec. 6(1). 1987 Constitution, Article VII, Sec.
23.
[cxii]
1973 Constitution, Article VII, Sec. 6(3).
[cxiii]
1973 Constitution, Article VII, Sec. 6(4).
[cxiv]
1973 Constitution, Article VII, Sec. 6(5).
[cxv]
1973 Constitution, Article VII, Sec. 6(6).
[cxvi]
1973 Constitution, Article VII, Sec. 7.
[cxvii]
See 1973 Constitution, Article IX, Sec. 1.
[cxviii]
See 1973 Constitution, Article IX, Sec. 2.
[cxix]
See 1973 Constitution, Article IX, Sec. 4.
[cxx] See
1973 Constitution, Article IX, Sec. 5(1).
[cxxi]
See 1973 Constitution, Article IX, Sec. 5(2).
[cxxii]
See 1973 Constitution, Article IX, Sec. 6.
[cxxiii]
See 1973 Constitution, Article IX, Sec. 7.
[cxxiv]
See 1973 Constitution, Article IX, Sec. 8.
[cxxv]
See 1973 Constitution, Article IX, Sec. 9.
[cxxvi]
See 1973 Constitution, Article IX, Sec. 10.
[cxxvii]
See 1973 Constitution, Article IX, Sec. 11. 1987 Constitution, Article VII,
Sec. 17.
[cxxviii]
See 1973 Constitution, Article IX, Sec. 12. See 1987 Constitution, Article VII,
Sec. 18.
[cxxix]
See 1973 Constitution, Article IX, Sec. 13. See 1987 Constitution, Article VII,
Sec. 16.
[cxxx]
See 1973 Constitution, Article IX, Sec. 14. See 1987 Constitution, Article VII,
Sec. 19.
[cxxxi]
See 1973 Constitution, Article IX, Sec. 15. See 1987 Constitution, Article VII,
Sec. 20.
[cxxxii]
See 1973 Constitution, Article IX, Sec. 16.
[cxxxiii]1973
Constitution, Article X, Sec. 1. 1987 Constitution, Article VIII, Sec. 1.
[cxxxiv]1973
Constitution, Article X, Sec. 1. 1987 Constitution, Article VIII, Sec. 2.
[cxxxv] 1987 Constitution, Article VIII, Sec. 4(1).
1973 Constitution, Article X, Sec. 2(1).
[cxxxvi] 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.
[cxxxvii] 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.
[cxxxviii]
1973 Constitution, Article X, Sec. 3(1). 1987 Constitution, Article VIII, Sec.
7(1).
[cxxxix]1973
Constitution, Article X, Sec. 3(2). 1987 Constitution, Article VIII, Sec. 7(2).
[cxl]
1973 Constitution, Article X, Sec. 4. 1987 Constitution, Article VIII, Sec. 9.
[cxli]
1973 Constitution, Article X, Sec. 5. 1987 Constitution, Article VIII, Sec. 5.
[cxlii]
1973 Constitution, Article X, Sec. 6. 1987 Constitution, Article VIII, Sec. 6.
[cxliii]
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.
[cxliv]
1973 Constitution, Article X, Sec. 8. 1987 Constitution, Article VIII, Sec. 13.
[cxlv]
1973 Constitution, Article X, Sec. 9. 1987 Constitution, Article VIII, Sec. 14.
[cxlvi]
1973 Constitution, Article X, Sec. 10. 1987 Constitution, Article VIII, Sec.
10.
[cxlvii]See
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.
[cxlviii]
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.
[cxlix]1973
Constitution, Article X, Sec. 12. 1987 Constitution, Article VIII, Sec. 16.
[cl]1973
Constitution, Article XIII, Sec. 2. 1987 Constitution, Article XI, Sec. 2. Only
justices of the Supreme Court remain to be impeachable officers. The members of
the commission on civil service, commission on elections and commission on
audit, as well as the ombudsman, will no longer be impeachable officers. For
the Supreme Court, the retention of the impeachment process, coupled with
security of tenure until retirement, seek to protect the independence of the
judicial branch of government. For the commissions and the ombudsman, the
removal of the impeachment process, seek to promote the accountability of these
offices that actually perform functions of the executive branch of government.
To protect them from partisan political harrassment, Congress may by law grant
their heads with security of tenure until retirement, just like the appellate
justices and judges of the judicial branch of government.
[cli]1973
Constitution, Article XIII, Sec. 3. 1987 Constitution, Article XI, Sec. 3.
[clii]1973
Constitution, Article XV, Sec. 1.
[cliii]See
1935 Constitution, Article XIV, Sec. 3; 1943 Constitution, Article IX, Sec. 2;
1973 Constitution, Article XV, Sec. 3(2); 1987 Constitution, Article XIV, Sec.
6. Languages of the Philippines,
https://en.wikipedia.org/wiki/Languages_of_the_Philippines.
[cliv]1987
Constitution, Article XIV, Sec. 7.
[clv]1987
Constitution, Article XIV, Sec. 7.
[clvi]1987
Constitution, Article XIV, Sec. 7.
[clvii]1973
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.
[clviii]1973
Constitution, Article XV, Sec. 16. 1987 Constitution, Article XVI, Sec. 3.
[clix]
1973 Constitution, Article XV, Sec. 15. 1987 Constitution, Article II, Sec. 6.
[clx] 1973 Constitution, Article XV, Sec. 13. 1987
Constitution, Article XVI, Sec. 4.
[clxi]1973
Constitution, Article XV, Sec. 12. 1987 Constitution, Article XVI, Sec. 6.
[clxii]1973
Constitution, Article XV, Sec. 5.
[clxiii]1973
Constitution, Article XV, Sec. 8.
[clxiv]1973
Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 5.
[clxv]
1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 2.
[clxvi]
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. See D.B.Donato, Pursuing the Peace Process with Muslim
Separatist Rebels, 04 September 2016.
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.
Sultanate of Sulu, https://en.wikipedia.org/wiki/Sultanate_of_Sulu.
Sultanate of
Maguindanao, https://en.wikipedia.org/wiki/Sultanate_of_Maguindanao.
Confederation of
sultanates in Lanao, https://en.wikipedia.org/wiki/Confederation_of_sultanates_in_Lanao.
[clxvii]
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”.
[clxviii]
1987 Constitution, Article XII, Sec. 5. Republic Act No. 8371, known as “The Indigenous Peoples’ Rights Act of
1997,” Sec. 2. See Cariño vs. Insular Government of P.I. (41 Phil. 95) and Abaoag v.
Director of Lands (45 Phil. 18).
[clxix]
1935 Constitution, Article XIII, Sec. 1. 1973 Constitution, Article XIV, Sec.
8. 1987 Constitution, Article XII, Sec. 3.
[clxx]
1935 Constitution, Article XIV, Sec. 8. 1973 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.
[clxxi]
1987 Constitution, Article XI-A, Sec. 15.
[clxxii]1973
Constitution, Article II, Sec. 10. 1987 Constitution, Article II, Sec. 25. See
D.B.Donato, Advantages and Disadvantages of Local Autonomy, 05 September 2016.
Local government autonomy or self-rule
empowers the local community to be self-reliant. It enables them to take
advantage of their strengths and address their weaknesses. Since the decision
makers are locals, there is a greater probability that the locally formulated
government programs will cater for the actual needs of the local community.
Moreover, since the decision makers are based locally, there is also a greater
opportunity for accountability vis-a-vis the local community.
In the context of a nation state comprised
of both a national government and several local government units, local
government autonomy may give rise to certain disadvantages, such as conflicting
regulation, overlapping regulation, excessive regulation and
excessive taxation.
Nonetheless, these disadvantages may be addressed
by appropriate implementing rules and regulations or amendments of the Local
Government Code.
[clxxiii]1987
Constitution, Article X, Sec. 4.
[clxxiv]1973
Constitution, Article XI, Sec. 1 & 3. 1987 Constitution, Article X, Secs. 1
& 10.
[clxxv]1973
Constitution, Article XI, Sec. 3. 1987 Constitution, Article X, Sec. 10.
[clxxvi]
See Rep. Act No. 7160, as amended by Rep. Act No. 8553, Local Government Code
of 1991, Sec. 7. 1987 Constitution, Article X, Local Government, Sec. 1.
[clxxvii]
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. See D.B.Donato, Pursuing the Peace Process with Muslim
Separatist Rebels, 04 September 2016.
[clxxviii]
See 1973 Constitution, Article VII, Sec. 1, and Article IX, Sec. 11. See 1987
Constitution, Article VII, Sec. 17.
[clxxix]
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. See D.B. Donato, Advantages and
Disadvantages of Regional Decentralization, 06 May 2017. See Orion Perez
Dumdum, It's all about Competition, 28 January 2012.
[clxxx]
See Rep. Act No. 7160, as amended by Rep. Act No. 8553, Local Government Code
of 1991, Sec. 7. 1987 Constitution, Article X, Local Government, Sec. 1.
[clxxxi]
Supra Local Government Code, Sec. 3(d).
[clxxxii]
Id.
[clxxxiii]1987
Constitution, Article X, Secs. 4 & 16.
[clxxxiv]
The provision adopts the “bottom-up” approach rather than the “top-down”
approach in the shift to a federal system of government. The provision allows
the people of the regions to decide how or with whom they would like to create
a Component State. For example, the provision does not prevent the people of
the Bicol region in Luzon from creating a Component State together with the
people of the Waray region in the Visayas.
[clxxxv]
See Gonzalo M. Jurado, Notes on the Federal Structure for the Philippines,
pages 2-4, 10 September 2012. See D.B. Donato, Advantages and Disadvantages of
Regional Decentralization, 06 May 2017. See Orion Perez Dumdum, It's all about
Competition, 28 January 2012. See Dr. Jose V. Abueva, Why Change to a Federal
Republic of the Philippines, and How?: A Primer, 2007.
[clxxxvi]
See Rep. Act No. 7160, as amended by Rep. Act No. 8553, Local Government Code
of 1991, Sec. 7. 1987 Constitution, Article X, Local Government, Sec. 1.
[clxxxvii]
Supra Local Government Code, Sec. 3(d).
[clxxxviii]
Id.
[clxxxix]
1787 Constitution of the United States, Article VI.
[cxc] See
Rep. Act No. 7227, as amended, Bases Conversion and Development Act of 1992,
Sec. 12(h).
[cxci]
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.”
[cxcii]
1787 Constitution of the United States, Article I, Section 10.
[cxciii]
See 1787 Constitution of the United States, Article I, Section 10.
[cxciv]
1787 Constitution of the United States, Article I, Section 10.
[cxcv]
D.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.”
[cxcvi]
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.
[cxcvii]
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
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.
[cxcviii]
1973 Constitution, Article XVI, Sec. 1. 1987
Constitution, Article XVII, Sec. 1.
[cxcix]
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 directly propose amendments
to the Constitution through initiative.
[cc] 1987
Constitution, Article XVII, Sec. 2.
[cci]
1973 Constitution, Article XVI, Sec. 2. 1987 Constitution, Article XVII, Sec.
4.
[ccii]
See 1973 Constitution, Article XVII, Secs. 1, 2 and 3(1) that provides for an interim
national assemby and interim president.
[cciii]
See1973 Constitution, Article XVII, Sec. 3.
[cciv]
See 1973 Constitution, Article XVII, Sec. 7. See 1987 Constitution, Article
XVIII, Sec. 3.
[ccv] See
1987 Constitution, Article XVIII, Sec. 10. See 1973 Constitution, Article XVII,
Sec. 8.
[ccvi]
See 1987 Constitution, Article XVIII, Sec. 9.
[ccvii]
1987 Constitution, Article VIII, Sec. 11.
[ccviii]
See 1973 Constitution, Article XVII, Sec. 12.
[ccix]
See 1973 Constitution, Article XVII, Sec. 14. See 1987 Constitution, Article
XVIII, Sec. 19.
[ccx] See
1973 Constitution, 1976 Amendment No. 7.
[ccxi]
See 1987 Constitution, Article XVIII, Secs. 1 & 2. See We Care - Proposed
Amendments to the Constitution, Article XVIII, Sec. 30, 30 November 2007.
[ccxii]
See 1987 Constitution, Article VIII, Sec. 5 and Article IX(C), Sec. 2. See 1973
Constitution, Article X, Sec. 5(2) and Article XII(C), Sec. 2.
[ccxiii]See
1973 Constitution, Article XVII, Sec. 16.
[ccxiv]
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.
[ccxv]
See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 31,
30 November 2007.
[ccxvi]
See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 32.
See 1987 Constitution, Article VI, Sec. 5, 30 November 2007.
[ccxvii]
Id.
[ccxviii] The new electoral process for national
government officials respects the right of voters to choose the political heads
of government by adopting “party voting.” Here the parties declare, and the
voters vote, for a candidate for Congress with a pledged nominee for President,
following the usual parliamentary practice.
[ccxix]The
two-party system is promoted because it simplifies political positions on
specific national issues. Nonetheless, smaller political parties are not
legally barred from joining or advancing in the electoral competition.
[ccxx]The
provision on the electoral process seeks to implement the principle of “open
counting” to complement the equally important principle of “secret voting.” The
requirement of a manual count or audit intends to protect the “sanctity of the
ballot” in automated elections. Notably, the national and local elections in
2010, 2013 and 2016 have been characterized by disabled safeguards. See
D.B.Donato, Smartmatic, IFES and The Company, 01 February 2018, pages 1-4.
[ccxxi]
See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 28,
30 November 2007.
[ccxxii]
D.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.”
[ccxxiii]
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 15th 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.”
[ccxxiv]
Id, Page 11.
[ccxxv]
Id.
[ccxxvi]
Id.
[ccxxvii]
Id.
[ccxxviii]Id,
Pages 11-12.
[ccxxix]Id,
Page 11.
[ccxxx]
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.”
[ccxxxi] D.B.Donato, Advantages and Disadvantages of
Collective Rule, 24 January 2017, Page 2. See Corporation Code, Sec. 28, that
provides for the removal of a director or trustee upon 2/3 vote of the
stockholders or members, with or without cause, in relation to Sec. 24, that
provides for a majority of the stockholders or members to constitute a quorum
to elect directors or trustees, and with candidates receiving the highest
number of votes be elected.
[ccxxxii]
Supra Local Govenment Code, Page 13. The term of five years is proposed as a
reasonable period. Notably, public office like any other office has a learning
period. Since it is elective, it also has a campaign period, which by
experience is longer than the period set by law. Moreover, the term of five
years coincides with the usual socio-economic development plan set in multiples
of five. In any case, elective officials who perform below standard may be
removed from office through mid-term recall elections.
[ccxxxiii]
Id.
[ccxxxiv] See 1973 Constitution, Article VII, Sec. 1,
and Article IX, Sec. 11. See 1987 Constitution, Article VII, Sec. 17.
[ccxxxv]
Id.
[ccxxxvi] D.B.Donato, Advantages and Disadvantages of
Regional Decentralization, Page 1. See 1943 Constitution, Article III, Sec. 2,
which reads in part as follows: “The National Assembly shall be composed of the
provincial governors and city mayors as members ex-officio, and of
delegates to be elected every three years, one from each and every province and
chartered city.”
[ccxxxvii] D.B.Donato, Advantages and Disadvantages of
Collective Rule, 24 January 2017, Pages 1-2.
[ccxxxviii] D.B.Donato, Advantages and Disadvantages of
Collective Rule, 24 January 2017, Page 2. See Corporation Code, Sec. 28, that
provides for the removal of a director or trustee upon 2/3 vote of the
stockholders or members, with or without cause, in relation Sec. 24, that
provides for a majority of the stockholders or members to constitute a quorum
to elect directors or trustees, and with candidates receiving the highest
number of votes be elected.
[ccxxxix]
D.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.”
See
1943 Constitution, Article III, Sec. 2, which reads in part as follows: “The
National Assembly shall be composed of the provincial governors and city mayors
as members ex-officio, and of delegates to be elected every three years,
one from each and every province and chartered city.”
[ccxl]
D.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.”
[ccxli]
D.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.”Sec
See Corporation Code, Sec. 28, that provides for the removal
of a director or trustee upon 2/3 vote of the stockholders or members, with or
without cause, in relation Sec. 24, that provides for a majority of the
stockholders or members to constitute a quorum to elect directors or trustees,
and with candidates receiving the highest number of votes be elected.
