Executive Summary
The People’s Draft[i] is a crowd-sourced constitution
framed in 2018-2021 at the initiative of Tanggulang
Demokrasya (Tan Dem), Inc.[ii] and PUBLiCUS Asia, Inc.[iii] These organizations are comprised of citizens who firmly
believe that constitutional reform is needed to finally change the nation’s
course of history, towards a strong republic and respected member of the
international community.
The People’s Draft is the simplest draft. It is a
10-page constitution (with a 2-page ordinance). About 70% of the language is
adopted from previous constitutions (i.e. 1987, 1973, 1935). It uses common
concepts (like President, Congress, Supreme Court) that are understood by the
people.
It is the broadest draft covering (1) “Foreign investment liberalization” (for
job creation, price reduction & tax generation), subject to safeguards
(i.e. foreign investment council); (2) “Collective rule” by a national
parliament and the local councils (for joint responsibility, policy continuity,
harmonized legislation & execution & collective wisdom); and (3) “Regional
decentralization” via the “bottom-up” approach instead of the
“top-down” approach (to bring government closer to the people” based on right
to self-determination).
It consolidates the “political branches” of the “executive”
and the “legislature” (for a strong government), but retains a separate
“non-political branch” of the “judiciary” (for checks and balances). It phases
“regional decentralization” based on “subsidiarity” and “accession,”
establishing a “unitary state” but enabling the regions to convert and
transition to a “federal state.” It adopts asymmetric decentralization,
allowing the people to choose either a regional authority (like SBMA),
autonomous region (like BARMM) or substate (like Sabah). NO region is forced
to, or prevented from, creating an autonomous region or substate.
The People’s Draft presents the only cost-saving government
system:
·
Con-Com draft: PhP40,876,211,465.00
est. annual cost
·
PDP-Laban draft: PhP30,327,617,981.00 est.
annual cost
·
People’s Draft:
PhP13,457,281,108.00 est. annual savings
The People’s Draft boosts political
efficiency with:
(1)
NO duplication of legislation;
unicameral assembly avoids bicameral delay and deadlock (i.e. unicameral - 1
approval by congress; bicameral - 3 approvals by house, senate & bicameral
committee);
(2) NO institutional deadlock;
legislation & execution merged in assembly or council; legislators elect,
remove & de facto control the chief executive;
(3) NO overlapping jurisdiction
of LGUs; City & Municipality as main LGU; Mayor as primary local official;
(4)
NO bloating of bureaucracy;
Mayors as ex-officio members of provincial board; Mayors and district
Congressmen as ex-officio members of regional assembly, if any; and
(5)
NO excessive politics; local
councils elect local chiefs (i.e. Governor, Mayor, Punong Barangay);
Mayors appoint Barangay Kagawad nominated by community associations.
The
People’s Draft anchors political stability with:
(1) NO
term extension for any elective official, including the President,
Vice-President, Senators, Congressmen, all local elective officials;
(2) NO
term reduction for any elective official; Senators elected in May 2022
serve as such until June 2025, and thereafter as ex-officio members of
the new Congress until June 2028;
(3) NO service disruption
for all career officers and employees of the national government and the LGUs;
(4) Sets 5-year term for
Congressmen & Councilors; and
(5) NO reorganization of
Supreme Court; Justices continue old terms under the new Constitution.
The
People’s Draft promotes political democracy that:
(1)
Secures the people’s right to elect the
President or Mayor via team voting; the ballots disclose both the
candidate and the nominee for chief executive (aka electoral college);
(2) Enables political parties to win elective posts with less votes
(i.e. less campaign expenses) thru “voting by district” in multiple small
constituencies, instead of “voting at large” in one big
constituency;
(3) Retains the 3-term limit for Congressmen and Councilors;
(4)
Bars 2 or more family members from
running in elections in the same national or local constituency;
(5)
Provides for the dissolution of
Congress and fresh elections if the need arises for a popular vote of
confidence on fundamental issues;
(6)
Lowers the signature requirement for
people’s initiative and referendum;[iv] and
(7)
Provides
for manual safeguards to automated elections.
The
People’s Draft strengthens political accountability that:
(1)
Provides for the immediate removal of
the chief executive (i.e. President, Governor, Mayor, Punong Barangay) via
“vote of no confidence” (i.e. Congress, local council);
(2)
Provides for the mid-term recall of
Congressmen; and
(3) Limits impeachment to Supreme Court Justices only (excluding CSC,
Comelec, COA & Ombudsman).
The
People’s Draft ensures a stable economy with: (1) NO new taxes by
substates on imports, exports, income, value added, unless allowed by Congress;
(2) NO new laws by substates on currency, banking, insurance,
insolvency, commerce, intellectual property, professions, immigration &
naturalization, unless allowed by Congress; and (3) NO additional budget for
Regional Authorities, because the existing regional offices of select line
departments[v] will ONLY be integrated and
consolidated into the major regions.[vi]
The
People’s Draft champions an inclusive society of the Tri-People (i.e.
Christians, Muslims, Lumads) that: (1) Ensures genuine representation of
sectors & peoples in Congress via sectoral voting (i.e. workers’ associations
under DOLE, not party-list groups under Comelec); (2) Reserves seats in
Congress for labor, farmers, fishermen, micro enterprises, youth, Southern
Sultanates & Lumads; (3) mandates legal recognition of the Southern
Sultanates, but Sovereignty and ALL political powers are retained by the People
and the Government; and (4) affirms rights of the Indigenous Peoples (i.e.
Lumads) to their ancestral lands;
The
People’s Draft promotes the national identity based on the people’s Southeast
Asian culture. It institutes Lakan as the head of state; establishes
a Lupong Pambansa as the council of state (i.e. council of elders); and
provides inclusive linguistic bases for the wikang pambansa (i.e.
national language).[vii]
The
People’s Draft defends the national sovereignty. It reinstates the broad
legal bases (i.e. historic right, legal title) of the national territory (i.e.
legal jurisdiction over the Kalayaan Islands; historical claims to Sabah). By
recognizing the Sulu Sultanate, it strengthens the kingdom’s proprietary claims
to Sabah.
The
People’s Draft protects the national security. There will be NO
“Balkanization” (or breakup of the State) because the new Constitution
prohibits secession and the establishment of military & police forces by
any substate. ONLY “internal security forces” (to protect persons & properties)
will be allowed.
[i] Facebook:
#PeoplesDraft. Twitter: @PeoplesDraft.
[ii] TanDem is an NGO. In pursuit of
“system change” and/or “electoral reforms,” TanDem has collaborated with
various organizations, including the Center for Preservation of Historical
Rights of the Sulu Archipelago, Citizen National Guard (CNG), Federation of
Free Workers (FFW), Global Filipino Nation (GFN), Lumad Mindanao Peoples
Federation (LMPF), Network Revolution (RevGov) and Philippine Constitution
Association, Inc. (Philconsa).
[iii] Publicus is a lobby firm.
[iv] 3% of the total number of
registered voters, and 1% of the voters in every district.
[v] All departments and attached agencies,
except DND, DILG, DFA, DOJ, DOF, DBM, NEDA and BSP.
[vi] Luzon,
Visayas, Mindanao, Metro Manila & Bangsamoro regions.
[vii]
National language based on Tagalog, and enriched by Cebuano, Ilocano,
Hiligaynon, Waray-Waray, Bikol, Kapangpangan, Pangasinan, Maranao, Tausug,
Maguindanao and Kinaray-a, among others.
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