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.
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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