Executive Summary
The People’s Draft[i] is a crowd-sourced constitution
framed in 2018 at the initiative of Tanggulang
Demokrasya (Tan Dem), Inc.[ii] and PUBLiCUS Asia, Inc.[iii] These organizations are comprised of citizens who firmly
believe that constitutional reform is needed to finally change the nation’s
course of history, towards a strong republic and respected member of the
international community.
The People’s Draft is the simplest
draft. It is a 10-page constitution (with a 2-page ordinance). About 70% of
the language is adopted from previous constitutions (i.e. 1987, 1973, 1935). It
uses common concepts (like President, Congress, Supreme Court) that are
understood by the people.
It is the broadest draft
covering (1) “Foreign investment
liberalization” (for massive job creation and consumer price reduction, subject
to limits by Congress); (2) “Collective rule” by a national parliament and the
local councils (for joint responsibility, collective wisdom, harmonized
legislation and execution, and platform-based party politics instead of
personality-based politics); and (3) “Regional decentralization” via the
“bottom-up” approach instead of the “top-down” approach (to uphold the people’s
right to self-determination).
The People’s Draft presents the only
cost-saving option:
·
Con-Com draft: PhP40,876,211,465.00
est. annual cost
·
PDP-Laban draft: PhP30,327,617,981.00 est.
annual cost
·
People’s Draft:
PhP13,457,281,108.00 est. annual savings
It restructures the “political branch”
by merging the “executive” with the “legislature” (to establish a strong
government). Nonetheless, it retains the separation of the judiciary, being the
“non-political branch” (for checks and balances).
It phases “regional decentralization”
based on “subsidiarity” and “accession,” establishing a “unitary state” but
provides regions an option for transition to a “federal state.” It adopts
asymmetric decentralization, enabling the people to choose either a regional
authority (like SBMA), autonomous region (like BARMM) or substate (like Sabah).
NO region is forced to, or prevented from, creating an autonomous region or
substate.
The People’s Draft boosts political
efficiency with:
(1) NO
duplication of legislation; unicameral assembly avoids bicameral delay
and deadlock; faster than bicameral process requiring 3 approvals, i.e. house,
senate, bicameral committee;
(2) NO overlapping jurisdiction
of LGUs; City & Municipality as main LGU; Mayor as primary local official;
(3) NO
bloating of bureaucracy; Mayors and district Representatives as ex-officio
members of higher bodies (i.e. provincial board, regional assembly); and
(4) NO
excessive politics; local councils elect local chiefs (i.e. Governor,
Mayor, Punong Barangay); Mayors appoint barangay kagawad
nominated by community associations.
The People’s Draft anchors political
stability with:
(1) NO
term extension for any elective official, including the President,
Vice-President, Senators, Representatives, all local elective officials;
(2) NO
term reduction for any elective official; Senators elected in May 2019
serve as ex-officio members of the new Congress until June 2025;
(3) NO
reorganization of Supreme Court; Justices continue old terms
under the new Constitution;
(4) NO service disruption
for all officers and employees of the national government and the LGUs; and
(5) Provides a 5-year term
for Representatives & Councilors.
The
People’s Draft promotes political democracy that:
(1) Secures
the people’s right to elect the President or Mayor via party
voting; the ballots disclose both the candidate and the nominee for chief
executive (aka electoral college);
(2) Enables political parties to win elective posts with less votes
(i.e. less campaign expenses) via elections in multiple small
districts instead of one large district (i.e. Congress, local council);
(3) Retains 3-term limit for Representatives and Councilors;
(4) Bars
2 or more family members from running in elections in the same national or
local constituency;
(5) Provides
for dissolution of Congress and fresh elections if the need
arises for a popular vote of confidence on fundamental issues; and
(6) Provides for manual safeguards to automated elections.
The People’s Draft strengthens
political accountability that:
(1) Provides
for the immediate removal of the chief executive (i.e. President,
Governor, Mayor, Punong Barangay) via a “vote of no confidence” (i.e.
Congress, local council);
(2) Provides
for the mid-term recall of congressional Representatives; and
(3)
Limits impeachment to Supreme Court Justices
only (excluding CSC, Comelec, COA & Ombudsman).
The People’s Draft champions genuine
social reforms that: (1) Ensures the genuine representation of sectors
and peoples in Congress via sectoral voting (i.e. workers’ associations
under DOLE not party-list groups under Comelec); (2) Reserves seats in
Congress for labor, farmers, fishermen, youth, Southern Sultanates and Lumads;
and (3) Mandates legal recognition of the Southern Sultanates, but
Sovereignty and ALL political powers are retained by the People and the
Government.
The People’s Draft promotes the
national identity based on the people’s Southeast Asian culture. It
institutes Lakan as the head of state; establishes a Lupong Pambansa
as the council of state (i.e. council of elders); mandates the recognition of
the Southern Sultanates; affirms the Lumad peoples and their ancestral lands;
and provides inclusive linguistic bases for the national language.[iv]
The People’s Draft defends the national
sovereignty. It reinstates the broad legal bases (i.e. historic right, legal
title) of the national territory (i.e. legal jurisdiction over Kalayaan
Islands; historical claims to Sabah). By recognizing the Sulu Sultanate, it
strengthens the kingdom’s proprietary claims to Sabah.
The People’s Draft ensures a stable
economy with: (1) NO new taxes by substates on imports, exports, income,
value added, unless allowed by Congress; (2) NO new laws by substates on
currency, banking, insurance, insolvency, commerce, intellectual property,
professions, immigration & naturalization, unless allowed by Congress; and
(3) NO additional budget for basic Regional Authorities, because the existing
regional offices of select line departments[v]
will ONLY be integrated and consolidated into the major regions.[vi]
The People’s Draft protects the
national security. There will be NO “Balkanization” (or breakup of the State)
because the new Constitution prohibits secession and the establishment of military
& police forces by any substate. ONLY “internal security forces” (to
protect persons & properties) will be allowed.
[ii] TanDem is an NGO. In pursuit of
“system change” and/or “electoral reforms,” TanDem has collaborated with
various organizations, including the Center for Preservation of Historical
Rights of the Sulu Archipelago, Citizen National Guard (CNG), Federation of
Free Workers (FFW), Global Filipino Nation (GFN), Lumad Mindanao Peoples
Federation (LMPF), Network Revolution (RevGov) and Philippine Constitution
Association (Philconsa).
[iv]
National language based on Tagalog, and enriched by Cebuano, Ilocano,
Hiligaynon, Waray-Waray, Bikol, Kapangpangan, Pangasinan, Maranao, Tausug,
Maguindanao and Kinaray-a, among others.
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