Friday, February 19, 2021

PEOPLE'S DRAFT - Annotated v28

 

PEOPLE'S DRAFT

 

Preamble

 

            We, the sovereign Filipino people, imploring the aid of Almighty God,[i] 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, love, equality and peace, do ordain this Constitution.[ii]  

 

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.[iii]

  

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.[iv]

            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.[v]

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

            Section 4. The State recognizes the sanctity of the family. The State shall equally protect the life of the mother and the life of the unborn from conception.[vii]

            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.[viii]

            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.[ix]

            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.[x]

            Section 8. The State shall promote social justice, regulate the ownership and use of property, afford protection to labor, and provide social services.[xi]         

            Section 9. The State shall empower the youth in nation-building.[xii]

 

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.[xiii]

            (4) Those who are naturalized in accordance with law.[xiv]

            (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.[xv]

                  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.[xvi]

            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.[xvii]


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.[xviii]

            Section 2. Private property shall not be taken for public use without just compensation.[xix]

            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.[xx]

            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.[xxi]

            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.[xxii]

            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.[xxiii]

            Section 7. The right to form associations or societies for purposes not contrary to the law shall not be abridged.[xxiv]

            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.[xxv]

            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.[xxvi]

            Section 10. No law impairing the obligation of contracts shall be passed.[xxvii]

            Section 11. No ex post facto law or bill of attainder shall be enacted.[xxviii]

            Section 12. No person shall be imprisoned for debt or non-payment of a poll tax.[xxix]

            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.[xxx]

            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.[xxxi]

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

            Section 16. No person shall be held to answer for a criminal offense without due process of law.[xxxiii]

            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.[xxxiv]

            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.[xxxv]

            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.[xxxvi]

            Section 20. Excessive fines shall not be imposed nor cruel or unusual punishment inflicted.[xxxvii]

            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.[xxxviii]

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

 

ARTICLE V, Congress[xl]

 

            Section 1. The Legislative power shall be vested in Congress.[xli]

            Section 2. Unless otherwise provided by law,[xlii] Congress shall be composed of not more than two hundred forty-three district representatives, elected from among the provinces, cities and metropolitan areas; of not more than sixty-one sectoral and people's representatives, who shall be elected from among the sectors and peoples;[xliii] and of twenty-four regional representatives who shall be elected from among the regions.[xliv]

            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 ratio. Each district shall comprise, as far as practicable, contiguous, compact, and adjacent territory.[xlv]

            Sectoral and people's representatives[xlvi] shall constitute twenty percent of the total number of district, sectoral and people's representatives,[xlvii] excluding the regional representatives.[xlviii]

            Congress may by law change the name of Congress and the title of its members.[xlix]

            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.[l]

            (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.[li]

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

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

            (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 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.[liv] The recall of a district or regional representative may also be validly initiated through a resolution adopted by a majority of all the members of a preparatory recall assembly comprised of all the city and municipal councilors of the district or region, unless Congress provides otherwise.[lv]

            (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 year from the date of the representative's assumption to office or one year immediately preceding a regular election.[lvi]

            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.[lvii]

            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.[lviii]

            (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.[lix]

            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.[lx]

            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.[lxi] The election of the President shall precede all other business following the election of the Speaker.[lxii]

            (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.[lxiii]

            (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.[lxiv]

            (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.[lxv]

            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.[lxvi]

            (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.[lxvii]

            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 a recess or adjournment for its next session,[lxviii] 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.[lxix]

            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 or ex-officio member of a regional assembly. 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.[lxx]

            Section 11. No Member of Congress shall appear as counsel before any court, or before any administrative body.[lxxi] 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.[lxxii]

            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.[lxxiii]

            (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.[lxxiv]

            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.[lxxv] 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.[lxxvi] 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.[lxxvii]

            (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.[lxxviii]

            (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.[lxxix]

            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.[lxxx]

            (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.[lxxxi]

            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.[lxxxii]

            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.[lxxxiii]

            (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.[lxxxiv]

            (3) The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.[lxxxv]

            (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.[lxxxvi]

            (5) No law shall be passed authorizing any transfer of appropriations; however, the President, the Speaker, and the Chief Justice of the Supreme Court, 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.[lxxxvii]

            (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.[lxxxviii]

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

            (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.[xc]

            (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.[xci]

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

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

            (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.[xciv]

            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.[xcv]

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

            (3) No bill except those of local application shall be calendared without the prior recommendation of the Cabinet.[xcvii]

            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.[xcviii]

            (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.[xcix]

            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.[c] Unless Congress provides otherwise, the people’s initiative shall be upon petition of at least three per centum of the total number of registered voters, of which every legislative district is represented by at least one per centum of the registered voters therein.[ci]

 

ARTICLE VI, President

 

            Section 1. Executive power shall be vested in the President.[cii]

            Section 2. (1) The President shall be the chief executive[ciii] and head of the cabinet[civ]. 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.[cv]

            (2) Congress shall by law establish a council of state.[cvi] The council of state shall be empowered to provide advice 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.[cvii]

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

            (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.[cix] 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.[cx] The head of state shall be known as Lakan. Congress may by law change the title of the head of state.[cxi]  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.[cxii]

            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.[cxiii]

            (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.[cxiv]

            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.[cxv]

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

            (1) Address Congress at the opening of its regular session.[cxvi]

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

            (3) Accept the resignation of any member of the Cabinet.[cxviii]

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

            (5) Appoint all officers and employees in his office in accordance with the civil service law.[cxx]  
            Section 8. The President shall be immune from suit during his tenure.[cxxi]

            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.[cxxii]

            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.[cxxiii]

            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.[cxxiv]

            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.[cxxv]

            (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.[cxxvi]

            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)[cxxvii]

            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.[cxxviii]

            Section 15. The President and the Members of the Cabinet shall be subject to the provisions of sections ten and eleven of Article Five 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.[cxxix]

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

            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.[cxxxi]

            Section 18. The President shall have control of all departments.[cxxxii]

            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.[cxxxiii]

            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.[cxxxiv]

            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.[cxxxv]

            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.[cxxxvi]

            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.[cxxxvii]

 

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.[cxxxviii] 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.[cxxxix]

            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.[cxl]

            (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.[cxli]

            (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.[cxlii]

            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.[cxliii]

            (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.[cxliv]

            Section 4. The Members of the Supreme Court and judges of lower courts shall be appointed by the President.[cxlv]

            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 integrated bar.[cxlvi] 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.[cxlvii]

            Section 6. The Judiciary shall enjoy fiscal autonomy.[cxlviii] The Supreme Court shall have administrative supervision over all courts and the personnel thereof.[cxlix]

            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.[cl]

            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.[cli]

            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.[clii]

            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.[cliii]

            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.[cliv]

            (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.[clv]

            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.[clvi]

            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.[clvii]

            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.[clviii]

 

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.[clix]

            Section 2. Unless Congress provides otherwise, the national language or wikang pambansa 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.[clx] The official languages of the Philippines shall be the wikang pambansa and English.[clxi] The regional languages shall be auxiliary official languages in the regions.[clxii] Spanish and Arabic shall be promoted.[clxiii]

            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.[clxiv]

            Section 4. The State may not be sued without its consent.[clxv]

            Section 5. The separation of the church and the State shall be inviolable.[clxvi]

            Section 6. The State shall have one national military force.[clxvii]

            Section 7. The State shall have one national police force.[clxviii]       

            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.[clxix]           

            Section 9. (1) All educational institutions shall subject to the supervision and regulation by the State.[clxx]

            (2) All institutions of higher learning shall enjoy academic freedom.[clxxi]

            (3) The State shall establish system of free public elementary and high school education.[clxxii]

            (4) The State shall recognize the Madrasah education system.[clxxiii]

Section 10. Congress shall by law recognize the titles of royalty of the southern sultanates of Sulu, Maguindanao and Lanao.[clxxiv] 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.[clxxv] Congress shall recognize, respect and protect the rights of the indigenous peoples to their ancestral lands within the framework of the Constitution.[clxxvi]

            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.[clxxvii]

            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 than 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.[clxxviii]

            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.[clxxix]    

            Section 15. The State shall promote local government autonomy.[clxxx] The President shall exercise general supervision over local government units.[clxxxi]

            Section 16. The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barangays.[clxxxii] 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 or sub-units directly affected and may change legal status.[clxxxiii] Congress may set requirements for the creation of a local government unit based on income, population, land area and culture.[clxxxiv]

            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.[clxxxv] The President shall have control of the regional authorities as instrumentalities of the national government.[clxxxvi]

            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 directly affected and may change legal status.[clxxxvii] Congress may by law set requirements for the creation of an autonomous region, based on income, population, land area and culture.[clxxxviii] The vesting of powers in autonomous regions shall be accompanied by the provision of resources to perform their functions.[clxxxix] 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.[cxc] The President shall exercise general supervision over the autonomous regions as local government units.[cxci]

            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 Component State.[cxcii]  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 assembly, or directly by the people through initiative. The creation of a Component State by a resolution of Congress or the regional assembly, 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 directly affected and may change legal status.[cxciii] Congress may by law set requirements for the creation of a Component State, based on income, population, land area and culture.[cxciv] The vesting of powers in Component States shall be accompanied by the provision of resources to perform their functions.[cxcv] 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.[cxcvi]

            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.[cxcvii]

            Section 7. A Component State shall be authorized to establish and maintain an internal security and safety force. [cxcviii] 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.[cxcix]

            Section 8. No Component State shall enter into any treaty, alliance, or confederation.[cc] 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.[cci]

            Section 10. No Component State shall, without the consent of Congress, impose taxes or duties on imports or exports.[ccii] 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.[cciii]

            Section 12. Unless Congress or the legislative assembly 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.[cciv]

 

ARTICLE X, Amendments[ccv]

 
            Section 1. Any amendment to this Constitution may be proposed by Congress upon a vote of three-fourths of all its Members.[ccvi]
Congress may, by a vote of two-thirds of all its Members, call a constitutional convention to amend this Constitution.[ccvii] Amendments to this Constitution may also be proposed directly by the people through initiative in accordance with law.[ccviii] Unless Congress provides otherwise, the people’s initiative shall be upon petition of at least three per centum of the total number of registered voters, of which every legislative district is represented by at least one per centum of the registered voters therein.[ccix]

           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.[ccx]

 

ARTICLE XI, Transitory Provisions

 
            Section 1. The President, Vice-President, Senate, Congress, Supreme Court, Civil Service Commission, Commission on Elections, Commission on Audit, Ombudsman, Bangsamoro 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 qualification, election, powers, functions and removal of the President, Vice-President, Senators and Representatives elected on the second Monday of May 2022, shall continue to be governed by the applicable provisions of the 1987 Constitution, until noon of the thirtieth day of June of 2025. The Senate and Congress under the 1987 Constitution shall be dissolved
at noon on the thirtieth day of June of 2025.[ccxi] However, the senators elected on the second Monday of May of 2022, shall continue to serve as legislators and ex-officio members of the first Congress under this Constitution, until noon of the thirtieth day of June of 2028. The President and Vice-President elected on the second Monday of May of 2022 shall continue to serve as such until noon of the thirtieth day of June of 2028. They may not be removed from office, except by impeachment under the 1987 Constitution, until noon of the thirtieth day of June of 2025. Thereafter, they may be removed from office by vote of no confidence under this Constitution.     

            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.[ccxii]

            Section 3. All existing laws consistent with this Constitution shall remain operative until amended, modified, or repealed by Congress.[ccxiii] 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.[ccxiv]

            Section 5. All officials and employees in the existing executive branch of government of the Republic of the Philippines, including the Civil Service Commission, the Commission on Elections, the Commission on Audit, and the Ombudsman, shall continue in office until otherwise provided by law or decreed by Congress.[ccxv] 

            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.[ccxvi]

            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.[ccxvii]

            Congress shall promote local and foreign investments for job creation, price reduction and tax generation, subject to safeguards to protect national security. Congress or the President may establish a foreign investment council vested with authority to review, investigate, mitigate risks, suspend or prohibit covered transactions.[ccxviii]

            Except as provided herein, all laws and regulations that impose nationality requirements on economic activities, are hereby repealed, subject however to protective action by the foreign investment council,[ccxix] subsequent oversight and limitation by Congress,[ccxx] and reciprocity in professional practice.[ccxxi] The disposition of alienable lands of the public domain, small-scale mining and micro-enterprises, shall be limited to Filipino citizens and to legal entities wholly owned by them, unless otherwise provided by law.[ccxxii] The ownership of private lands shall be limited to Filipino citizens and to legal entities at least sixty per centum of the capital of which is owned by such citizens, unless otherwise provided by law.[ccxxiii]

            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.[ccxxiv] 

            Section 9. All the provinces, cities, municipalities, barangays and the Bangsamoro 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.[ccxxv]

            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 2025.[ccxxvi] Unless otherwise provided by law, the Commission on Elections shall reapportion the city and municipal legislative districts, to provide for one councilor for every district based on the number of registered voters at the barangay level, for the elections on the second Monday of May of 2025.[ccxxvii]

            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.[ccxxviii]

            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).[ccxxix]

 

 

 

 

 

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.[ccxxx]

            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.[ccxxxi]

            (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.[ccxxxii]

            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.[ccxxxiii] 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.[ccxxxiv] Voters shall register and vote in the sector or people concerned according to their social classification. Organizations running for sectoral or people representative 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.[ccxxxv]

            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.[ccxxxvi]

            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.[ccxxxvii]

            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 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.[ccxxxviii]

            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.[ccxxxix]

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

            (3) The members of the city council and municipal council shall be elected by district, with one councilor for every local legislative district.[ccxli] They may be subject to recall upon petition of at least twenty-five percent of the total number of registered voters in the district,[ccxlii] or by resolution of a majority of all the members of a preparatory recall assembly comprised of all the barangay councilors of the district.[ccxliii]

            (4) The city mayor and municipal mayor shall be elected by majority vote of all the members of the local council from among themselves.[ccxliv] The mayors of cities and municipalities within the territory of a province shall be the ex-officio members of the provincial council.[ccxlv] The provincial governor shall be elected by majority vote of all the members of the provincial council from among themselves.[ccxlvi]

            (5) 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.[ccxlvii] 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. The punong barangay shall be elected by majority vote of all the members of the barangay council from among themselves.[ccxlviii]

            (6) The city mayor, municipal mayor, provincial governor and punong barangay shall serve based on the trust and confidence of the local council.[ccxlix] 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.[ccl] 

            (7) The term of office of the members of local councils shall be five years.[ccli] No member of any local council shall serve for more than three consecutive terms.[cclii]

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 2025 and thereafter, unless Congress provides otherwise.

            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.[ccliii] The President shall have control of the regional offices as agencies of the national government.[ccliv] 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) Luzon region excluding the Metropolitan Manila region, (2) Visayas region, (3) Mindanao region excluding the Bangsamoro region, (4) Metropolitan Manila region, and (5) Bangsamoro region;[cclv] 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 assembly.[cclvi]

            (2) The regional chief executive shall be elected by majority vote of all the members of the regional assembly.[cclvii]

             (3) The regional chief executive shall serve based on the trust and confidence of the regional assembly. 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 assembly.[cclviii]

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

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

            Section 11. Unless otherwise provided by resolution of Congress or the regional assembly, 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 assembly.[cclix]

            (2) The chief executive shall be elected by majority vote of all the members of the assembly.[cclx]

            (3) The chief executive shall serve based on the trust and confidence of the assembly. 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 assembly.[cclxi]

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

            (5) No member of the assembly shall serve for more than three 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 2018-2021 at the initiative

of Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc.

Facebook: /PeoplesDraft         Twitter: @PeoplesDraft



[i] Email dated 14 October 2020 of Mr. Norman Cabrera, Member of the National Council of Ang Kapatiran Party, re term “Almighty God” in lieu of “Divine Providence.”

[ii]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 defense, 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.”

 

Email dated 06 February 2021 of SC Justice Adolfo S. Azcuna (Ret.), re value of “love.”

 

[iii]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).

 

[iv]1987 Constitution, Article II, Sec. 1. 1973 Constitution, Article II, Sec. 1. 1935 Constitution, Article II, Sec. 1.

[v]1973 Constitution, Article II, Sec. 2. 1987 Constitution, Article II, Sec. 4. 1935 Constitution, Article II, Sec. 2.

[vi]1973 Constitution, Article II, Sec. 3. 1987 Constitution, Article II, Sec. 2. 1935 Constitution, Article II, Sec. 3.

[vii] 1935 Constitution, Article II, Sec. 4. 1973 Constitution, Article II, Sec. 4. 1987 Constitution, Article II, Sec. 12, & Article XV, Sec. 1. Email of 21 July 2018 by Dr. Bernardo M. Villegas, Co-Founder of the Center for Research and Communication (CRC), re protection of life of the unborn. Email dated 14 October 2020 of Mr. Norman Cabrera, Member of the National Council of Ang Kapatiran Party, re protection of life of the unborn.

[viii]1987 Constitution, Article II, Sec. 3. 1973 Constitution, Article II, Sec. 8.

[ix]1973 Constitution, Article XIII, Sec. 1. 1987 Constitution, Article XI, Sec. 1.

[x]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 Draft Senate Bill to Liberalize Foreign Investments, Require Reciprocity in Professional Practice, and Establish a Foreign Investment Council, D.B.Donato, 2019.

https://www.dropbox.com/sh/398fn7r8pl7tuyu/AADUWVJwnpZBu6vxVrErNu2ha/System%20Change?dl=0

 

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, and strengthen anti-corruption. 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, 14 January 2017.

 

As the OFW phenomenon shows, it is socially preferable to let foreign investors move into the country and hire Filipinos locally, rather than 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.

Comments of Dr. Bernardo M. Villegas, Co-Founder of the Center for Research and Communication (CRC) during the Webinar on “Boosting the Economy: Moving Fast Forward and Up,” 04 November 2020, organized by Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc. re foreign investments, as follows: “(Agriculture) can be helped … For example, Kennemer has taken over 2,000 hectares in Palawan so that we can graduate also into cacao exports, and not only bananas and pineapples … There are many high value crops where foreigners can help us … (Education) can be helped … If we have the top business schools in Europe … like IESE, INSEAD, ING and so forth, looking at the Philippines because of our ability to speak English as a center for management and other education in Asia, why don’t we allow them to come in to partner with AIM or Ateneo etc. … We are so closed to investments in education and media. Those are the two sectors I would like to open up.”

 

See Orion Perez Dumdum, It's all about Competition, 28 January 2012.

[xi] 1935 Constitution, Article II, Sec. 5. 1973 Constitution, Article II, Sec. 6. 1987 Constitution, Article II, Sec. 10.

[xii] 1987 Constitution, Article II, Sec. 13. 1973 Constitution, Article II, Sec. 5

[xiii] 1935 Constitution, Article III, Sec. 1(4). 1973 Constitution, Article IV, Sec. 1(3). 1987 Constitution, Article IV, Sec. 1(3).

[xiv] 1973 Constitution, Article III, Sec. 1. 1987 Constitution, Article IV, Sec. 1.

[xv] 1987 Constitution, Article IV, Sec. 2. 1973 Constitution, Article III, Sec. 4.

[xvi] 1973 Constitution, Article V, Sec. 1.

[xvii] 1973 Constitution, Article VI, Sec. 1. 1987 Constitution, Article V, Secs. 1 & 2.

[xviii] 1935 Constitution, Article III, Sec. 1(1). 1973 Constitution, Article IV, Sec. 1. 1987 Constitution, Article III, Sec. 1.

[xix] 1935 Constitution, Article III, Sec. 1(2). 1973 Constitution, Article IV, Sec. 2. 1987 Constitution, Article III, Sec. 9.

[xx] 1935 Constitution, Article III, Sec. 1(3). 1973 Constitution, Article IV, Sec. 3. 1987 Constitution, Article III, Sec. 2.

[xxi] 1935 Constitution, Article III, Sec. 1(5). 1973 Constitution, Article IV, Sec. 4. 1987 Constitution, Article III, Sec. 3.

[xxii] 1935 Constitution, Article III, Sec. 1(4). 1973 Constitution, Article IV, Sec. 5. 1987 Constitution, Article III, Sec. 6.

[xxiii] 1973 Constitution, Article IV, Sec. 6. 1987 Constitution, Article III, Sec. 7.

[xxiv] 1935 Constitution, Article III, Sec. 1(6). 1973 Constitution, Article IV, Sec. 7. 1987 Constitution, Article III, Sec. 8.

[xxv] 1935 Constitution, Article III, Sec. 1(7). 1973 Constitution, Article IV, Sec. 8. 1987 Constitution, Article III, Sec. 5.

[xxvi] 1935 Constitution, Article III, Sec. 1(8). 1973 Constitution, Article IV, Sec. 9. 1987 Constitution, Article III, Sec. 4.

[xxvii] 1935 Constitution, Article III, Sec. 1(10). 1973 Constitution, Article IV, Sec. 11. 1987 Constitution, Article III, Sec. 10.

[xxviii] 1935 Constitution, Article III, Sec. 1(11). 1973 Constitution, Article IV, Sec. 12. 1987 Constitution, Article III, Sec. 22.

[xxix] 1935 Constitution, Article III, Sec. 1(12). 1973 Constitution, Article IV, Sec. 13. 1987 Constitution, Article III, Sec. 20.

[xxx] 1935 Constitution, Article III, Sec. 1(13). 1973 Constitution, Article IV, Sec. 14. 1987 Constitution, Article III, Sec. 18.

[xxxi] 1935 Constitution, Article III, Sec. 1(14). 1973 Constitution, Article IV, Sec. 15. 1987 Constitution, Article III, Sec. 15.

[xxxii] 1973 Constitution, Article IV, Sec. 16. 1987 Constitution, Article III, Sec. 16.

[xxxiii] 1935 Constitution, Article III, Sec. 1(15). 1973 Constitution, Article IV, Sec. 17. 1987 Constitution, Article III, Sec. 14.

[xxxiv] 1935 Constitution, Article III, Sec. 1(16). 1973 Constitution, Article IV, Sec. 18. 1987 Constitution, Article III, Sec. 13.

[xxxv] 1935 Constitution, Article III, Sec. 1(17). 1973 Constitution, Article IV, Sec. 19. 1987 Constitution, Article III, Sec. 14.

[xxxvi] 1935 Constitution, Article III, Sec. 1(18). 1973 Constitution, Article IV, Sec. 20. 1987 Constitution, Article III, Sec. 17.

[xxxvii] 1935 Constitution, Article III, Sec. 1(19). 1973 Constitution, Article IV, Sec. 21. 1987 Constitution, Article III, Sec. 19.

[xxxviii] 1935 Constitution, Article III, Sec. 1(20). 1973 Constitution, Article IV, Sec. 22. 1987 Constitution, Article III, Sec. 21.

[xxxix] 1935 Constitution, Article III, Sec. 1(21). 1973 Constitution, Article IV, Sec. 23. 1987 Constitution, Article III, Sec. 11.

[xl] The article on Congress establishes in principle and substance a unicameral parliament by merging Congress with the President. The merger is implemented 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 “elections at large” for the President and the Senators, with “elections by district” for the 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/her 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 advice 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.

 

[xli] 1973 Constitution, Article VIII, Sec. 1. 1987 Constitution, Article VI, Sec. 1.

[xlii] See ALL Representatives. http://www.congress.gov.ph/members/

See District Representatives. http://www.congress.gov.ph/members/?v=district

See Party List Representatives. http://www.congress.gov.ph/members/?v=pl

18th Congress of the Philippines. http://www.congress.gov.ph/

https://en.wikipedia.org/wiki/18th_Congress_of_the_Philippines

[xliii] http://www.congress.gov.ph/members/?v=district

http://www.congress.gov.ph/members/?v=region

http://www.congress.gov.ph/members/?v=pl

https://en.wikipedia.org/wiki/House_of_Representatives_of_the_Philippines#District_representation

 

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.

[xliv] 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.

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

[xlvi] 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.

[xlvii] 1987 Constitution, Article VI, Sec. 5(2).

[xlviii]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.

[xlix]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.

[l]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.

[li]1973 Constitution, Article 3(2).

[lii]1987 Constitution, Article VI, Sec. 7. We Care – Proposed Amendments to the Constitution, Article VI, Sec. 7, 30 November 2007.

A five (5) year term multiplied by three (3) terms is fifteen (15) consecutive years in office.

Notably, several countries in East Asia achieved rapid growth to attain Tiger Economy or Tiger Cub Economy status, under long-term leadership in government. https://en.wikipedia.org/wiki/Tiger_economy

In Asean, Singapore had Prime Minister Lee Kuan Yew (i.e. 1959-1990), while Malaysia had Prime Minister Mahathir Mohamad (i.e. 1981-2003, 2018-2020).

https://en.wikipedia.org/wiki/Lee_Kuan_Yew

[liii]https://en.wikipedia.org/wiki/Mahathir_Mohamad

 

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

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

[lv] See Rep. Act No. 7160, Local Government Code of 1991, Sec. 70(c). Original code provision before amendment by Rep. Act No. 9244.

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

[lvii] 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.

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

[lix] 1973 Constitution, Article VIII, Sec. 5(1). 1987 Constitution, Article VI, Sec. 9.

[lx] 1973 Constitution, Article VIII, Sec. 6. 1987 Constitution, Article VI, Sec. 15.

[lxi] 1973 Constitution, Article VIII, Sec. 7(1). 1987 Constitution, Article VI, Sec. 16(1).

[lxii] 1973 Constitution, Article VIII, Sec. 7(1).

[lxiii] 1973 Constitution, Article VIII, Sec. 7(2). 1987 Constitution, Article VI, Sec. 16(2).

[lxiv] 1973 Constitution, Article VIII, Sec. 7(3). 1987 Constitution, Article VI, Sec. 16(3).

[lxv] 1973 Constitution, Article VIII, Sec. 7(4). 1987 Constitution, Article VI, Sec. 16(4).

[lxvi] 1973 Constitution, Article VIII, Sec. 8(1). 1987 Constitution, Article VI, Sec. 10.

[lxvii] 1973 Constitution, Article VIII, Sec. 8(2). 1987 Constitution, Article VI, Sec. 20.

[lxviii] Sessions, Adjournments, and Recesses of Congress, Congressional Research Service, 20130227. “A session begins when the chamber convenes and ends when it adjourns. A recess, by contrast, does not terminate a session, but only suspends it temporarily.” https://fas.org/sgp/crs/misc/R42977.pdf

[lxix] 1973 Constitution, Article VIII, Sec. 9. 1987 Constitution, Article VI, Sec. 11.

[lxx] 1973 Constitution, Article VIII, Sec. 10. 1987 Constitution, Article VI, Sec. 13.

[lxxi] 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.

[lxxii] 1973 Constitution, Article VIII, Sec. 11. 1987 Constitution, Article VI, Sec. 14.

[lxxiii] 1973 Constitution, Article VIII, Sec. 12(1). See 1987 Constitution, Article VI, Sec. 22.

[lxxiv] 1973 Constitution, Article VIII, Sec. 12(2). 1987 Constitution, Article VI, Sec. 21.

[lxxv] 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 Revised Corporation Code, Sec. 27, 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. 23 that provides for a majority of the stockholders or members to constitute a quorum to elect directors or trustees.

[lxxvi] 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.

[lxxvii] 1973 Constitution, Article VIII, Sec. 13(1).

[lxxviii] 1973 Constitution, Article VIII, Sec. 13(2).

[lxxix] 1973 Constitution, Article VIII, Sec. 13(3).

[lxxx] 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.

[lxxxi] 1973 Constitution, Article VIII, Sec. 14(2). 1987 Constitution, Article VI, Sec. 23(1).

[lxxxii] 1973 Constitution, Article VIII, Sec. 15. 1987 Constitution, Article VI, Sec. 23(2).

[lxxxiii] 1973 Constitution, Article VIII, Sec. 16(1). See 1987 Constitution, Article VI, Sec. 25(1).

[lxxxiv] 1973 Constitution, Article VIII, Sec. 16(2). See 1987 Constitution, Article VI, Sec. 25(2).

[lxxxv] 1973 Constitution, Article VIII, Sec. 16(3). See 1987 Constitution, Article VI, Sec. 25(3).

[lxxxvi]1973 Constitution, Article VIII, Sec. 16(4). See 1987 Constitution, Article VI, Sec. 25(4).

[lxxxvii] 1973 Constitution, Article VIII, Sec. 16(5). 1987 Constitution, Article VI, Sec. 25(5).

[lxxxviii] 1973 Constitution, Article VIII, Sec. 16(6). See 1987 Constitution, Article VI, Sec. 25(6).

[lxxxix] 1973 Constitution, Article VIII, Sec. 17(1). See 1987 Constitution, Article VI, Sec. 28(1).

[xc] 1973 Constitution, Article VIII, Sec. 17(2). See 1987 Constitution, Article VI, Sec. 28(2).

[xci]1973 Constitution, Article VIII, Sec. 17(3). See 1987 Constitution, Article VI, Sec. 28(3).

[xcii] 1973 Constitution, Article VIII, Sec. 17(4). See 1987 Constitution, Article VI, Sec. 28(4).

[xciii] 1973 Constitution, Article VIII, Sec. 18(1). See 1987 Constitution, Article VI, Sec. 29(1).

[xciv] 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.

[xcv] 1973 Constitution, Article VIII, Sec. 19(1). 1987 Constitution, Article VI, Sec. 26(2).

[xcvi]    1987 Constitution, Article VI, Sec. 26(1). 1935 Constitution, Article VI, Sec. 21(1).

[xcvii]  1973 Constitution, Article VIII, Sec. 19(2).

[xcviii]  1973 Constitution, Article VIII, Sec. 20(1). 1987 Constitution, Article VI, Sec. 27(1).

[xcix]1973 Constitution, Article VIII, Sec. 20(2). 1987 Constitution, Article VI, Sec. 27(2).

[c] See 1987 Constitution, Article VI, Sec. 32. Rep. Act No. 6735, Initiative and Referendum (1989).

[ci] The purpose of the substantially lower number of petitioners required to enact laws or ordinances, is to empower the people in framing the applicable legal framework.

In Italy with about 50 million registered voters as of 2016, the required number of signatures for a petition to amend the constitution is only 500,000 or about 1%.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2016_Italian_constitutional_referendum

 

In Switzerland with about 5 million registered voters as of 2010, the required number of signatures for a petition to amend the constitution is only 50,000 or about 1%.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2010_Swiss_referendums

 

In Taiwan with about 20 million registered voters as of 2018, the required number of signatures for a petition to amend a national law (not the constitution) is 1.5%.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2018_Taiwanese_referendum

 

On the other hand, some developing countries apart from the Philippines, require a relatively high signature requirement of 10% of the registered voters for initiative and referendum, as follows:
(a) Colombia with 36.4 million registered voters as of 2018,

(b) Croatia with 3.8 million registered voters as of 2013,

(c) Ecuador with about 13 million registered voters as of 2018.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2018_Colombian_anti-corruption_referendum

https://en.wikipedia.org/wiki/2013_Croatian_constitutional_referendum

https://en.wikipedia.org/wiki/2018_Ecuadorian_referendum_and_popular_consultation

 

[cii] 1987 Constitution, Article VII, Sec. 1.

[ciii] 1973 Constitution, Article VII, Sec. 1.

[civ]See 1973 Constitution, Article IX, Sec. 1.

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

[cvi]See Exec. Order No. 305 (1987), as amended by Exec. Order No. 168 (2003), creating a Council of State.

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

[cviii]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 “elections at large” for the President, with “elections by district” for the 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.

 

[cix] 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.

[cx] 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.

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

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

[cxiii] 1973 Constitution, Article VII, Sec. 4(1). 1987 Constitution, Article VII, Sec. 6.

[cxiv] 1973 Constitution, Article VII, Sec. 4(2). 1987 Constitution, Article VII, Sec. 13.

[cxv] 1973 Constitution, Article VII, Sec. 5.

[cxvi] 1973 Constitution, Article VII, Sec. 6(1). 1987 Constitution, Article VII, Sec. 23.

[cxvii] 1973 Constitution, Article VII, Sec. 6(3).

[cxviii] 1973 Constitution, Article VII, Sec. 6(4).

[cxix] 1973 Constitution, Article VII, Sec. 6(5).

[cxx] 1973 Constitution, Article VII, Sec. 6(6).

[cxxi] 1973 Constitution, Article VII, Sec. 7.

[cxxii] See 1973 Constitution, Article IX, Sec. 1.

[cxxiii] See 1973 Constitution, Article IX, Sec. 2.

[cxxiv] See 1973 Constitution, Article IX, Sec. 4.

[cxxv] See 1973 Constitution, Article IX, Sec. 5(1).

[cxxvi] See 1973 Constitution, Article IX, Sec. 5(2).

[cxxvii] See 1973 Constitution, Article IX, Sec. 6.

[cxxviii] See 1973 Constitution, Article IX, Sec. 7.

[cxxix] See 1973 Constitution, Article IX, Sec. 8.

[cxxx] See 1973 Constitution, Article IX, Sec. 9.

[cxxxi] See 1973 Constitution, Article IX, Sec. 10.

[cxxxii] See 1973 Constitution, Article IX, Sec. 11. 1987 Constitution, Article VII, Sec. 17.

[cxxxiii] See 1973 Constitution, Article IX, Sec. 12. See 1987 Constitution, Article VII, Sec. 18.

[cxxxiv] See 1973 Constitution, Article IX, Sec. 13. See 1987 Constitution, Article VII, Sec. 16.

[cxxxv] See 1973 Constitution, Article IX, Sec. 14. See 1987 Constitution, Article VII, Sec. 19.

[cxxxvi] See 1973 Constitution, Article IX, Sec. 15. See 1987 Constitution, Article VII, Sec. 20.

[cxxxvii] See 1973 Constitution, Article IX, Sec. 16.

[cxxxviii]1973 Constitution, Article X, Sec. 1. 1987 Constitution, Article VIII, Sec. 1.

[cxxxix]1973 Constitution, Article X, Sec. 1. 1987 Constitution, Article VIII, Sec. 2.

[cxl]  1987 Constitution, Article VIII, Sec. 4(1). 1973 Constitution, Article X, Sec. 2(1).

[cxli]  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.

[cxlii]  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.

[cxliii] 1973 Constitution, Article X, Sec. 3(1). 1987 Constitution, Article VIII, Sec. 7(1).

[cxliv]1973 Constitution, Article X, Sec. 3(2). 1987 Constitution, Article VIII, Sec. 7(2).

[cxlv] 1973 Constitution, Article X, Sec. 4. 1987 Constitution, Article VIII, Sec. 9.

[cxlvi] Email dated 06 February 2021 of SC Justice Adolfo S. Azcuna (Ret.), re rule making power of the Supreme Court.

[cxlvii] 1973 Constitution, Article X, Sec. 5. 1987 Constitution, Article VIII, Sec. 5.

[cxlviii] Email dated 06 February 2021 of SC Justice Adolfo S. Azcuna (Ret.), re fiscal autonomy of the Supreme Court.

[cxlix] 1973 Constitution, Article X, Sec. 6. 1987 Constitution, Article VIII, Sec. 6.

[cl] 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.

[cli] 1973 Constitution, Article X, Sec. 8. 1987 Constitution, Article VIII, Sec. 13.

[clii] 1973 Constitution, Article X, Sec. 9. 1987 Constitution, Article VIII, Sec. 14.

[cliii] 1973 Constitution, Article X, Sec. 10. 1987 Constitution, Article VIII, Sec. 10.

[cliv]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.

[clv] 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.

[clvi]1973 Constitution, Article X, Sec. 12. 1987 Constitution, Article VIII, Sec. 16.

[clvii]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 harassment, 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.

[clviii]1973 Constitution, Article XIII, Sec. 3. 1987 Constitution, Article XI, Sec. 3.

[clix]1973 Constitution, Article XV, Sec. 1. 1987 Constitution, Article XVI, Sec. 1.

[clx]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.

[clxi]1987 Constitution, Article XIV, Sec. 7.

[clxii]1987 Constitution, Article XIV, Sec. 7.

[clxiii]1987 Constitution, Article XIV, Sec. 7.

[clxiv]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, who occupy the three major island groups of Luzon, Visayas and Mindanao.

[clxv]1973 Constitution, Article XV, Sec. 16. 1987 Constitution, Article XVI, Sec. 3.

[clxvi] 1973 Constitution, Article XV, Sec. 15. 1987 Constitution, Article II, Sec. 6.

[clxvii]   1973 Constitution, Article XV, Sec. 13. 1987 Constitution, Article XVI, Sec. 4.

[clxviii]1973 Constitution, Article XV, Sec. 12. 1987 Constitution, Article XVI, Sec. 6.

[clxix]1973 Constitution, Article XV, Sec. 5.

[clxx]1973 Constitution, Article XV, Sec. 8.

[clxxi]1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 5.

[clxxii] 1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 2.

[clxxiii]  Rep. Act No. 11054, Sec. 18 re Madaris education system.

 

Comments of Dr. Alim Fatani S. Abdul Malik, President and Convenor of the Ulama and Imam of the Philippines Association, during the Webinar on “A Discussion on the #PeoplesDraft,” 07 October 2020, organized by Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc., re Madaris education system, as follows: “Actually ang mga local Madrasah naming ay older than Sto. Tomas University. But until now I’m so sorry to tell you that there is no local Madrasah in this country that has been recognized by the Republic of the Philippines ... As a matter of fact, yung produkto namin sa local Madrasah ito ang  ginagamit ng mga translator ng lahat ng embajada dito sa Pilipinas, sa lahat ng mga Arabian countries at Muslim countries.”

 

[clxxiv] 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.

 

[clxxv] 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.” The Lumad Peoples of Mindanao, LMPF, 2018 (based on NCIP 2007 data). http://www.fao.org/indigenous-peoples/country/phl/en/?iso3=PHL

[clxxvi] 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). Rep. Act No. 11054, Article IX, Sec. 3 and Article XIII, Secs. 8 & 12 re Ancestral Domain of Indigenous Peoples. Background of the Organization and the Lumad Peoples’ Problem, LMPF, 18 May 2020.

 

Comments of Timuey Jimid Mansayagan, Secretary-General of Lumad Mindanaw Peoples Federation (LMPF), during the Webinar on “A Discussion on the #PeoplesDraft,” 07 October 2020, organized by Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc., re ancestral domain as follows: “Karamihan sa atin naninawala na kami ay taga-bundok. Gusto ko lang sabihin dito sir na hindi kami taga-bundok. Diyan kami nakatira sa mga bukana ng mga river, bodies of water, at yung kabundukan ay dati rati mga hunting grounds lang namin yan. It so happened that since 1930s may resettlement program yung gobyerno, mula pa nuon Commonwealth ... Binigyan sila ng karapatan ng magkuha ng lupain, at ang lupain na binibigay sa kanila ay mga lupain ng mg ninuno ng mga katutubo, because in those years it’s as if we were not existing.”  

 

[clxxvii] 1935 Constitution, Article XIII, Sec. 1. 1973 Constitution, Article XIV, Sec. 8. 1987 Constitution, Article XII, Sec. 3.

[clxxviii] 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.

[clxxix] 1987 Constitution, Article XI-A, Sec. 15.

[clxxx]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.

 

[clxxxi]1987 Constitution, Article X, Sec. 4.

[clxxxii]1973 Constitution, Article XI, Sec. 1 & 3. 1987 Constitution, Article X, Secs. 1 & 10.

[clxxxiii]1973 Constitution, Article XI, Sec. 3. Paredes v. Executive, G.R. No. 55628, 02 March 1984, re plebiscite in “unit or units affected.” 1987 Constitution, Article X, Sec. 10, re plebiscite in “units directly affected.”

[clxxxiv] 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.

[clxxxv] 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.

[clxxxvi] See 1973 Constitution, Article VII, Sec. 1, and Article IX, Sec. 11. See 1987 Constitution, Article VII, Sec. 17.

[clxxxvii] 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.

 

Re plebiscite requirement, see 1973 Constitution, Article XI, Sec. 3. See Paredes v. Executive, G.R. No. 55628, 02 March 1984, re plebiscite in “unit or units affected.” See 1987 Constitution, Article X, Sec. 10, re plebiscite in “units directly affected.”

[clxxxviii] 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.

[clxxxix] Supra Local Government Code, Sec. 3(d).

[cxc] Id.

[cxci]1987 Constitution, Article X, Secs. 4 & 16.

[cxcii] 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.

[cxciii] 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.

 

      Re plebiscite requirement, see 1973 Constitution, Article XI, Sec. 3. See Paredes v. Executive, G.R. No. 55628, 02 March 1984, re plebiscite in “unit or units affected.” See 1987 Constitution, Article X, Sec. 10, re plebiscite in “units directly affected.”

[cxciv] 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.

[cxcv] Supra Local Government Code, Sec. 3(d).

[cxcvi] Id.

[cxcvii] 1787 Constitution of the United States, Article VI.

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

[cxcix] 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.”

[cc] 1787 Constitution of the United States, Article I, Section 10.

[cci] See 1787 Constitution of the United States, Article I, Section 10.

[ccii] 1787 Constitution of the United States, Article I, Section 10.

[cciii] D.B.Donato, Advantages and Disadvantages of Regional Decentralization, 06 May 2017, 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.”

 

[cciv] 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.

[ccv] 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. Commission 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.

[ccvi] 1973 Constitution, Article XVI, Sec. 1. 1987 Constitution, Article XVII, Sec. 1.

[ccvii] 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.

[ccviii] 1987 Constitution, Article XVII, Sec. 2. Rep. Act No. 6735, Initiative and Referendum (1989). Comelec Resolution No. 7796, Initiative to Amend the Constitution, 02 January 2007.

[ccix] The purpose of the substantially lower number of petitioners required to amend the Constitution, is to empower the people in framing the basic legal framework of the nation. Based on past experience, the requirement of 12% of the total number of registered voters, coupled with 3% for each legislative district, is most impractical and almost impossible, taking into consideration the huge costs and logistics required for the undertaking.

In Italy with about 50 million registered voters as of 2016, the required number of signatures for a petition to amend the constitution is only 500,000 or about 1%.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2016_Italian_constitutional_referendum

 

In Switzerland with about 5 million registered voters as of 2010, the required number of signatures for a petition to amend the constitution is only 50,000 or about 1%.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2010_Swiss_referendums

 

In Taiwan with about 20 million registered voters as of 2018, the required number of signatures for a petition to amend a national law (not the constitution) is 1.5%.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2018_Taiwanese_referendum

 

On the other hand, some developing countries apart from the Philippines, require a relatively high signature requirement of 10% of the registered voters for initiative and referendum, as follows:
(a) Colombia with 36.4 million registered voters as of 2018,

(b) Croatia with 3.8 million registered voters as of 2013,

(c) Ecuador with about 13 million registered voters as of 2018.

https://en.wikipedia.org/wiki/Referendums_by_country

https://en.wikipedia.org/wiki/2018_Colombian_anti-corruption_referendum

https://en.wikipedia.org/wiki/2013_Croatian_constitutional_referendum

https://en.wikipedia.org/wiki/2018_Ecuadorian_referendum_and_popular_consultation

 

[ccx] 1973 Constitution, Article XVI, Sec. 2. 1987 Constitution, Article XVII, Sec. 4.

[ccxi] See 1973 Constitution, Article XVII, Secs. 1, 2 and 3(1) that provides for an interim national assembly and interim president.

[ccxii] See1973 Constitution, Article XVII, Sec. 3.

[ccxiii] See 1973 Constitution, Article XVII, Sec. 7. See 1987 Constitution, Article XVIII, Sec. 3.

[ccxiv] See 1987 Constitution, Article XVIII, Sec. 10. See 1973 Constitution, Article XVII, Sec. 8.

[ccxv] See 1987 Constitution, Article XVIII, Sec. 15. See 1973 Constitution, Article XVII, Sec. 9.

[ccxvi] 1987 Constitution, Article VIII, Sec. 11.

[ccxvii] See 1973 Constitution, Article XVII, Sec. 12.

[ccxviii] See US Defense Production Act of 1950, as amended by FINSA, Section 721 (50 U.S.C. App. 2170). Executive Order No. 11858 (as amended by Executive Order No. 13456), re Foreign Investment in the United States.

 

See Draft Senate Bill to Liberalize Foreign Investments, Require Reciprocity in Professional Practice, and Establish a Foreign Investment Council, D.B.Donato, 2019.

https://www.dropbox.com/sh/398fn7r8pl7tuyu/AADUWVJwnpZBu6vxVrErNu2ha/System%20Change?dl=0

[ccxix] Supra Draft Senate Bill to Liberalize Foreign Investments, Secs. 3 & 4.

[ccxx] People's Draft, Article V, Sec. 1, re legislative power vested in Congress.

[ccxxi] Exec. Order No. 65 (2018), Eleventh Regular Foreign Investment Negative List, Annex on Professions.

[ccxxii] Supra Draft Senate Bill to Liberalize Foreign Investments, Secs. 3 & 4.

[ccxxiii] Nestor Corrales, ‘DOF chief: Open PH economy to foreigners, but not land,’ Philippine Daily Inquirer, 27 January 2021, quoting Finance Secretary Carlos Dominguez III, as follows: “We should open it up as wide as we can… The ban on foreign ownership of land, however, should remain since this evokes strong emotional reactions.”
https://newsinfo.inquirer.net/1388693/dof-chief-open-ph-economy-to-foreigners-but-not-land


[ccxxiv] See 1973 Constitution, Article XVII, Sec. 14. See 1987 Constitution, Article XVIII, Sec. 19.

[ccxxv] See 1973 Constitution, 1976 Amendment No. 7.

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

[ccxxvii] See Rep. Act No. 7160, as amended by Rep. Act No. 8553, Local Government Code of 1991, Sec. 41(b) re election by district of city and municipal councilors.

[ccxxviii] 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.

[ccxxix]See 1973 Constitution, Article XVII, Sec. 16.

[ccxxx] See ALL Representatives. http://www.congress.gov.ph/members/

See District Representatives. http://www.congress.gov.ph/members/?v=district

See Party List Representatives. http://www.congress.gov.ph/members/?v=pl

18th Congress of the Philippines. http://www.congress.gov.ph/

https://en.wikipedia.org/wiki/18th_Congress_of_the_Philippines

[ccxxxi] 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.

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

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

See Rep. Act No. 7160, Local Government Code of 1991, Sec. 41(c) re sectoral representatives which reads in part as follows:

“Section 41. Manner of Election … (c) In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.”

[ccxxxiv] Id.

[ccxxxv] The new electoral process for national government officials respects the right of voters to choose the political heads of government by adopting “party voting” or “team voting.” In this process, the parties declare, and the voters vote, for a candidate for Congress with a pledged nominee for President, following the usual parliamentary practice.

[ccxxxvi] 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.

 

Note however the position of Ang Kapatiran Party supporting instead a multi-party system, expressed through its senior leaders, during the Webinar of 07 November 2020 organized by Mr. Arnel Endrinal, to present and discuss the People’s Draft. In this alternative position, Section 5 of the Ordinance may read as follows: “A free and open party system shall be allowed to evolve according to the free choice of the people.” 1987 Constitution, Article IX Constitutional Commissions, C. Commission on Elections, Section 6.

 

[ccxxxvii] 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.

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

[ccxxxix] Draft Senate Bill to Rationalize Local Governance, Strengthen Local Government Units, Provide for Collective Responsibility and Immediate Accountability, and Revise the Local Government Code, Explanatory Note, D.B.Donato, 2019, 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.”

https://www.dropbox.com/sh/398fn7r8pl7tuyu/AADUWVJwnpZBu6vxVrErNu2ha/System%20Change?dl=0

[ccxl] 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.”

 

[ccxli] Id, Page 11. The purpose of providing for only one councilor in every local legislative district, instead of several councilors in a district, is to level the playing field and promote political democracy. Competent but unknown candidates with limited resources, will have better chances of winning elective posts against “rich and famous” candidates, in smaller voting constituencies where voters have a better chance of knowing the true qualifications of all the candidates, and where media manipulation of the masses is less effective.

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

[ccxliii] See Rep. Act No. 7160, Local Government Code of 1991, Sec. 70(c). Original code provision before amendment by Rep. Act No. 9244.

[ccxliv] Id.

[ccxlv] Id.

[ccxlvi] Id.

[ccxlvii]Id, Pages 11-12.

[ccxlviii]Id, Page 11.

[ccxlix] 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.”

[ccl]  D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2. See Revised Corporation Code, Sec. 27, 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. 23, that provides for a majority of the stockholders or members to constitute a quorum to elect directors or trustees.

[ccli] Supra Local Government 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.

[cclii] Id.

[ccliii]  See 1973 Constitution, Article VII, Sec. 1, and Article IX, Sec. 11. See 1987 Constitution, Article VII, Sec. 17.

[ccliv] Id.

[cclv] See Rep. Act No. 7294, Metropolitan Manila Development Authority (1995); Exec. Order No. 392, Metropolitan Manila Authority (1990); Pres. Dec. No. 824, Metropolitan Manila Commission (1975), preapproved in referendum on 27 February 1975. https://en.wikipedia.org/wiki/Governor_of_Metro_Manila

https://en.wikipedia.org/wiki/1975_Philippine_executive_and_legislative_powers_referendum
https://en.wikipedia.org/wiki/Metropolitan_Manila_Development_Authority


See Exec. Order No. 220, Cordillera Administrative Region (1987); Rep. Act No. 6766, Cordillera Autonomous Region (1989), lost plebiscite on 30 January 1990; Rep. Act No. 8438, Cordillera Autonomous Region (1997), lost plebiscite on 07 March 1998. Note that the Cordillera administrative region is not an autonomous region. Note also that the executive order and statutes excluded Nueva Vizcaya, although culturally, demographically and geographically part of the Cordilleras. https://en.wikipedia.org/wiki/Cordillera_Administrative_Region

See Rep. Act No. 7901, Caraga Administrative Region (1995). Note that the Caraga administrative region is not an autonomous region.

 

See Exec. Order No. 325, Regional Development Council (1996).

 

See Exec. Order No. 561, Super Regions (2006).

[cclvi]  D.B.Donato, Advantages and Disadvantages of Regional Decentralization, 06 May 2017, 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.”

[cclvii]  D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Pages 1-2.

[cclviii]  D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2. See Revised Corporation Code, Sec. 27, 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. 23, that provides for a majority of the stockholders or members to constitute a quorum to elect directors or trustees.

[cclix] D.B.Donato, Advantages and Disadvantages of Regional Decentralization, 06 May 2017, 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.”

 

[cclx] 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/her.

 

“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.”

 

[cclxi] 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/her (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.”

 

See Revised Corporation Code, Sec. 27, 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. 23, that provides for a majority of the stockholders or members to constitute a quorum to elect directors or trustees.

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