INTERVIEW QUESTIONS FOR
SENATORIAL CANDIDATES
Introduction:
During the
past 35 years after the 1987 Constitution, charter change has been proposed
many times under 4 presidents (i.e. Ramos, Estrada, Arroyo, Duterte). However,
none of these proposals ever reached the plebiscite stage.
Recently,
the Bayanihan Draft Constitution was proposed by a Consultative Committee
created under the Duterte Administration. At about the same time, the People’s
Draft, a crowd-sourced constitution, was framed and proposed by concerned
citizens and people’s organizations, led by Tanggulang Demokrasya and Publicus
Asia.
The main topic
of the interview is constitutional reform, which many believe is of primary
importance. Nonetheless, the guest may raise other concerns, which he/she
believes is of equal importance.
1. Regarding economic policy,
both the Bayanihan Draft and the People’s Draft seek to promote foreign
investments for job creation, price reduction and tax generation. However,
their approach to achieve the same objective, differs from each other.
The Bayanihan Draft grants to Congress the power to lift the limitations on
foreign investments provided in the Constitution. In other words, liberalization
of foreign investments is not self-executory. It will need implementing laws
from Congress.
On the other hand, the People’s Draft immediately lifts the limitations
on foreign investments provided in the Constitution, except for land,
small-scale mining and micro-enterprises. In other words, liberalization of
foreign investments is immediately executory. Congress is then empowered to liberalize
further, or otherwise impose new limitations. A foreign investment council is
created to protect national security. Either the President or Congress may
impose reciprocity.
Question: What do you
think about these proposals, and alternative approaches, regarding the
liberalization of foreign investments?
2. Regarding the form of government,
the Bayanihan Draft retains the Presidential form with a Bicameral legislature.
On the other hand, the People’s Draft shifts to the Parliamentary form with a
Unicameral legislature.
In the Bayanihan Draft, the President, the Senate, and the House, are
separate from, and independent of, each other. The Senators are increased from
24 to 36, elected from the regions, rather than at large nationwide. The Representatives
are increased from 304 to 400.
In the People’s Draft, the President and the Senate are merged into the
House. The 24 Senators become regional Representatives. The district/sectoral/people
Representatives are retained at 304. Congress, the merged body, is vested with
both legislative powers, and the power to hire-and-fire the President, along
with the Cabinet.
Question: What do you think about these proposals, and
alternative structures, regarding the form of government?
3. Regarding the form of government,
the Bayanihan Draft and the People’s Draft differ in the manner of election of
the President.
In the Bayanihan Draft, the present process is retained where the President
is elected directly by the people voting at large nationwide. The ballot
shows the individual candidates running for President.
In the People’s Draft, the President is elected indirectly by the
people voting by district, region and sector/people. The ballot shows not only
the names of the individual candidates for Congress, but also the names of their
respective nominees for President. This is like the election of pledged
electors in an electoral college (i.e. US Presidential form of government). The
nominee of the party or coalition that wins a majority of the seats in
Congress, is then formally elected by Congress as the President.
Question: What do you think about these alternative modes
of electing the President?
4. Regarding the form of government,
the Bayanihan Draft and the People’s Draft differs in the manner of removal of
the President.
In the Bayanihan Draft, the present process is retained where
the President may be removed only by impeachment for, and conviction of, high
crimes. 1/3 vote of the House is required for impeachment. 2/3 vote of the
Senate is required for conviction.
On the other hand, in the People’s Draft, the President may be removed for loss
of confidence. This process does not have to be based on high crimes. It can
based on simple crimes, or even non-crimes, like failure of performance
or questionable conduct. 2/3 vote of Congress is required for removal.
Question: What do you about these alternative modes of
removing the President?
5. Regarding the system of government,
the Bayanihan Draft retains the Unitary system of government. On the other
hand, while the People’s Draft also retains the Unitary system of government at
the beginning. However, it also provides for a process of transition to the
Federal system.
The Bayanihan Draft adopts the top-down approach. 18
autonomous regions are pre-determined, subject to approval by the voters in one
national plebiscite. Each autonomous region will have its own set of regional
legislators and regional executives. They will be separate and distinct from
the elective officials of the local government units.
On the other hand, the People’s Draft adopts the bottom-up approach. The
regions are given the option to choose either a regional authority, an autonomous
region, or a substate. A regional authority is a national government formed by the
integration of the regional offices of selected line departments. An autonomous
region is a large local government unit. A substate is a component of a federal
state. The formation of either an autonomous region or substate requires the
approval of the voters in a regional plebiscite. There will be no separate set
of elective officials for the autonomous region or substate. The Mayors and
District Representatives in the territory of the autonomous region or substate,
will be the ex-officio regional legislators and regional executives.
Question: What do you think about these proposals, and
alternative structures, regarding the system of government?
6. Regarding the local government,
the Bayanihan Draft impliedly retains the mayor-type LGU, while the
People’s Draft shifts to the council-type LGU.
In the mayor-type LGU, the mayor is elected separately, and functions
independently from the council. This is like the presidential form of
government but at the local level.
In the council-type LGU, the mayor is elected by the council from among
themselves. The council has the power to hire-and-fire the mayor. This is like
the parliamentary form of government but at the local level.
Furthermore, under the People’s Draft, the voters elect only the city and
municipal councilors; the city and municipal councils elect the mayor from
among themselves; the city and municipal mayors serve as ex-officio
members of the provincial council; the provincial councils elect the governor
from among themselves; the city and municipal mayors appoint the members of the
barangay council, from nominees of community associations; barangay councils
elect the punong barangay from among themselves.
Question: What do you think about these alternative structures
regarding the form of local government?
7. Regarding the local government,
the Bayanihan Draft impliedly retains the multi-member local district, while
the People’s Draft shifts to the single-member local district.
In a multi-member local district, the candidates for Local Councilor run
in the same large geographic area and constituency as the candidates for
District Representatives.
In a single-member local district, the candidates for Local Councilor run
in a much smaller geographic area and constituency. The congressional district
is divided into such number of local subdistricts as there are local councilor seats
allocated for the district.
Question: What do you think of these alternative modes
electing local councilors?
8. Regarding accountability, the
Bayanihan Draft protects the tenure of high public officials, namely the
members of constitutional commissions and the ombudsman, by requiring
impeachment for their removal. On the other hand, People’s Draft removes the
requirement of impeachment for these officials.
In the Bayanihan Draft, aside from the CSC, Comelec and COA, the CHR,
Ombudsman Commission and the Competition Commission, are also constituted as
independent constitutional commissions. Accordingly, all their members cannot
be removed, except by impeachment.
In the People’s Draft, the CSC, Comelec, COA and the Ombudsman, are
downgraded to ordinary statutory bodies. Accordingly, all their members may be
removed from office, or otherwise disciplined, suspended or terminated, just
like any other public official, without need for impeachment.
Question: What do you think about these alternative
approaches regarding the tenure of high officials?
9.
Regarding
the historical rights of the Muslim People, the Bayanihan Draft and the
People’s Draft differ in approach.
In the Bayanihan Draft, the usual prohibition against the legal recognition of
royalty has been deleted. However, the draft is silent about the legal
recognition of the Southern Sultanates.
In the People’s Draft, Congress is expressly mandated to provide for the legal
recognition of the Southern Sultanates. However, this is without prejudice 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.
Question: What do you think about these proposals, and
alternative approaches, in relation to the historical rights of the Musim
People?
10. Regarding the traditional rights
of the Indigenous People, both the Bayanihan Draft and the People’s Draft
uphold these rights, particularly the right to their ancestral lands, found in
the present 1987 Constitution. They both impliedly adopt the principles
embodied in the Indigenous Peoples Rights Act (IPRA).
Question: What do you think about these
laws, and their implementation, in relation to the traditional rights of the
Indigenous People?
KILUSAN NG MGA TAGAPAGTANGGOL NG BAYAN (KTB)
Metro Manila, Philippines. 08 February 2022
