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COMMITTEE ON CONSTITUTIONAL AMENDMENTS

Sub Committee 1 on the Review of Articles VI, VII & X


of the 1987 Constitution

SALIENT FEATURES

THE PROPOSED DRAFT CONSTITUTION OF THE FEDERAL REPUBLIC OF THE


PHILIPPINES ON THE FORM & STRUCTURE OF GOVERNMENT,
STATES AND LOCAL GOVERNANCE

FORM OF GOVERNMENT

The Parliament

• The legislative power shall be vested in the Parliament of the Federal Republic of the
Philippines which shall consist of the Federal Assembly, as the national Legislative
Department, and the Senate, as the legislative body representative of the regions.

• The Federal Assembly shall be composed of not more than three hundred members
unless otherwise provided for by law. Eighty per centum (80%) of the members of the
Federal Assembly shall be elected by plurality votes where each single member
legislative electoral district shall have one (1) seat in the Federal assembly.
The remaining twenty per centum (20%) of the Members of the Federal
Assembly shall be elected through a party-list system of registered federal or regional
sectoral parties or organizations. The party-list representatives shall be elected at large.
They shall represent the marginalized sectors of Philippine society which includes
labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly,
handicapped, women, youth, veterans, overseas workers and seafarers. All sectors shall
be represented by at least one party-list as shall be provided by law.

The Members of the Federal Assembly shall hold a term of five (5) years with
a maximum of two (2) consecutive terms.

• Each single member legislative district shall comprise, as far as practicable,


contiguous, compact, and adjacent territory. Each city with a population of at least three
hundred fifty thousand (350,000), or each province, shall have at least one member of
the Federal Assembly.

• Each of the districts shall be entitled to an annual share in the state and federal budgets
for its infrastructure, as well as for the medical, educational and social services of its
inhabitants. Each member of the Senate and of the partylist shall likewise be entitled to
an amount not less than the allocation of a district from the state and federal budgets
for their constitutents within the region or nationwide.

• Each State shall have a minimum of three seats in the Senate. The senators receiving the three
highest number of direct votes by registered voters in a region shall represent their region in the
Senate.

• The FEDERAL ASSEMBLY shall elect its Speaker and the Senate, its President, by a majority
vote of all its respective Members. The Federal Assembly and the Senate shall each choose
such other officers as it may deem necessary.

• A separate Article on Political Parties is hereby proposed with provisions on the following:
1) against turncoatism;
2) provision on financial support from the national government; and
3) dual party system

The President

• The President of the Philippines shall be the head of state symbolizing the sovereignty of the
people, and the unity and solidarity of the nation.

• The President shall be elected by direct vote of the people for a term of five years with
one re-election, which shall begin at noon on the thirtieth day of June next following
the day of the election and shall end at noon of the same date five years thereafter.

• The powers of the President shall include the following:


o Oversight power over all branches of government (legislative/executive,
judiciary), consitutional bodies, independent bodies, departments, agencies and
offices of the government
o Head of international relations and foreign affairs
o Commander-in-Chief of the Armed Forces of the Philippines
o Appointing power
o Pardoning power
o Residual power

• The functions of the President shall include the following:


o Represent the country in all foreign relations
o Ensure the sovereignty of the country
o Head of the armend forces
o Enter into treaties
o Appoint the following officials
▪ Members of the Judiciary including justices of the Supreme Court,
Federal Supreme Court, Sandiganbayan, Court of Appeals, Court of Tax
Appeals and all other judges of the lower courts
▪ Members of the Constitutional and independent bodies
▪ Officers of the Armed Forces of the Philippines from the rank of
brigadier general or commodore
▪ Foreign Affairs officials from the rank of Director IV

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▪ Foreign Service Officers from the rank of deputy Ambassadors and
Deputy Consuls, including special envoys
o Address the Parliament on the State of the Nation Address at the opening of its
regular session
o Proclaim the election of the Prime Minister
o Grant reprieves, commutations, and pardons, as well as absolve fines and
forfeitures, after conviction by final judgment, except in cases of impeachment,
or as otherwise provided in the Constitution

• All powers, functions and limitations of the President of the Philippines under nineteen
eighty-seven (1987) constitution and the laws of the land which are not herein provided
for or conferred upon by any official shall be deemed, and hereby, vested in the prime
minister, unless otherwise provided by the constitution.

The Prime Minister and the Cabinet

• The head of government shall be the Prime Minister. The Prime Minister and the
Cabinet shall constitute the government and exercise executive power.

• The Prime Minister shall be elected by a majority of all the members of the Parliament
from among themselves.

• The functions of the Prime Minister shall include the following:


o Prepare the program of government
o Prepare the annual budget of the Federal Republic
o Execute all laws, lawful orders and decisions of the Federal Supreme Court
o Enter into contracts, including loans, on behalf of the government

• The Prime Minister shall appoint all heads of executive offices, including cabinet
members and the police officials form the rank of Police Director. The Members of the
Cabinet may be removed at the discretion of the Prime Minister. The Prime Minister or
any member of the Cabinet may resign from the Cabinet for any cause without vacating
his seat in parliament.

Transitory Provisions

• The first election under this Constitution shall be held on the second Monday of May 2022.

• Following the adoption of this Constitution, the present Congress shall be dissolved. The Senate
and the House of Representatives shall be replaced by an interim Parliament that shall exist
immediately and shall continue until the members of the regular Parliament shall have been
elected and assumed office.

• The Members of the interim Parliament shall be the incumbent Members of the Senate and the
House of Representatives and by appointment of the President, the Members of the Cabinet
with portfolio.

• The interim Prime Minister shall be elected by a majority vote of all the Members of Parliament.
He shall be a Member of the Cabinet.

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• The incumbent President shall exercise all the powers and functions of the head of state and
head of government under this Federal Constitution until the election of the next President and
Prime Minister in May 2022. He shall appoint the new Cabinet from among the Members of
Parliament. He shall have supervision and direction over the interim Prime Minister and
Cabinet.
• The first regular elections for the President of the Federal Republic of the Philippines shall be
held on the second Monday of May 2022. He shall be elected by direct vote of the people for
a term of five (5) years.

• The Vice-President shall continue until 2022 to exercise her powers and prerogatives as Vice-
President under the 1987 Constitution.

• The seats allocated to party-list representatives shall be filled by election in accordance with
Republic Act No. 79411or the Party-list System for the May 2022 national elections. Thereafter,
Parliament shall enact a law on party-list or sectoral representation under this Constitution.

STRUCTURE OF THE REPUBLIC

Federal Government And The States


General Provisions

• The States shall not signify the establishment of a distinct sovereignty and the states shall
remain integral and inseparable parts of the country. States or local governments or any of its
territory shall not secede from the Federal republic and any act of secession shall be dealt with
under Federal laws.
• Local Governments shall not form a new and separate state unless the Constitution is amended
or revised.
• Province, highly urbanized city, or independent component cities may transfer or merge with
the states contiguously located to their territorial boundaries, subject to the approval by a
majority of the votes cast in a plebiscite in the directly affected province or highly urbanized
city and in a plebiscite in the state where the said province or highly urbanized city may be
merging.
• The Federal Supreme Court shall resolve any conflict between Federal Parliament and State
Assemblies.

Powers and Functions of Federal Government and States

• The Federal Government shall have exclusive legislative powers over the following:
1. National defense and security;
2. Foreign affairs;
3. Currency, money and coinage;
4. Trade and commerce with other countries and among states;
5. Customs ;
6. Borrowing money on public credit of the federation;
7. Immigration and citizenship;
8. National territory ;
9. Transportation, postal service and telecommunications;

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As proposed by Reps. Eugene Michael De Vera and Aurelio “Dong”Gonzales contained in RBH 08.

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10. Intellectual property rights;
11. National finance – taxation, budget and audit
12. Meteorology , standards of weights and measures; and time regulation;
13. Federal aid to states; and
14. Census, surveys and statistics.

• The Federal Government, through the Prime Minister, shall exercise general supervision over
the state governments.

• Each state shall have exclusive legislative powers over the following:
1. State and local elections;
2. State civil service;
3. State justice;
4. Public transportation and public utilities;
5. State socio economic planning;
6. State finance;
7. State aid to local governments;
8. Agriculture and fisheries;
9. Forestry;
10. Environment and natural resources;
11. Industrial development;
12. Mining;
13. Waterworks;
14. Administration and enforcements of state laws and programs;
15. Basic and secondary education and state higher education;
16. Cultural development;
17. Regional and local language development;
18. Police and law and order;
19. State public works;
20. Games and amusement; and
21. Marriage.

The following areas shall be the concurrent powers of the Federal government and the states:
1. Administration and enforcement of Federal laws and programs;
2. Health;
3. Education ( Federal standard for and regulation of higher education; standard setting
for and assistance to basic and secondary education);
4. Social security
5. Social welfare;
6. Cultural development;
7. Sports development;
8. Research and development for agriculture, forestry, fisheries, environment and
natural resources, industrial development and mining;
9. The establishment , management and maintenance of penitentiaries;
10. National language development;
11. Public safety/law enforcement;
12. Environmental and ecological protection;
13. Energy;
14. Tourism;
15. Ancestral domain;
16. Population management;
17. Labor and trade unions;
18. Science and technology;

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19. Common infrastructure - national power grid; roads, highways, airports, seaports,
railway;
20. To charter cities and create municipalities.

States

• The basic political units of each state are the provinces, cities, municipalities and barangays.
• Each State shall have its own State Constitution, adopt its name, and choose a capital, flag,
anthem and seal.
• The territory of the Federal Republic are divided into the following states:
(1) The State of Luzon;
(2) The State of Visayas;
(3) The State of Mindanao;
(4) The State of The Bangsamoro; and
(5) The State of Metro Manila which is also the seat of the Federal Government

• The constitution of each State shall define the basic structure of government for the state.
• Each State shall have a unicameral State Assembly which shall exercise the legislative
power of the state government. Each State Assembly shall be composed of two
representatives directly elected from each province and one representative directly elected
from each higly urbanized or independent cities.
• Each state shall have a Premiere who shall exercise the executive power of the state
government. The premiere shall be elected by the majority of all the members of the state
assembly. The Premiere shall have the power to appoint state cabinet members and other state
government positions as may be provided in the state organic act.
• The terms of office of elective state and local officials, which shall be provided by law, shall
be five (5) years and no such official shall serve for more than two (2) consecutive terms.
• Amendments or revisions in State organic acts shall only be effective upon approval of
majority of the votes cast in a state in a plebiscite.
• Each state shall organize, supervise and maintain their own police agencies to ensure the
preservation of peace and order.
• State governments shall be held accountable by, among others, the Federal Commission on
Audit, Ombudsman, Federal Civil Service Commission, and the courts to ensure adequate
state fiscal and accountability mechanisms.
• State governments shall exercise general supervision over Local Governments. The state shall
exercise supervisory authority directly over provinces, highly urbanized cities, and
independent component cities; and through the province with respect to component cities and
municipalities.

Finance and Revenue Sharing

• As provided in the State and Local Government Code, there shall be an equalization fund which
shall comprise an unconditional, general purpose block grant and conditional and matching
grants as an incentive for state governments.
• A National Finance Commission composed of a chairperson and four members appointed by
the president shall be created to recommend the allocation of the equalization fund.

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• State governments shall be entitled to at least fifty (50%) in the proceeds of the utilization and
development of the national wealth including sharing the same with the inhabitants by way of
direct benefits.
• State governments and local governments shall have a just share in the national Federal taxes
and revenues which shall be automatically released to them provided that the share of state
governments shall not be less than sixty percent (60%) of all national taxes and revenues.

• A fair and equitable system of sharing and equalization between the states and local
governments shall be enacted by the Parliament provided that the share of state
governments shall be adjusted in accordance with the needs and capacity of a state.

Transitory Provisions

State Autonomy

• The process of establishing state autonomy shall be as follows:


1. Within a period of eighteen (18) months from the ratification of the constitution,
Parliament shall enact a comprehensive State and Local Government Code
applicable symmetrically to all states. Upon its enactment a State Commission
which shall act as the interim State Government shall be established.

2. Federal Government shall gradually devolve and decentralize functions and


responsibilities to states.

3. After a minimum period of five years after the organization of the state
commission, and upon two-third (2/3) majority vote by the commission and the
state consultative assembly, voting separately, or by state people’s initiative as
determined by law within a specific state, the state commission shall propose an
organic act to be enacted by the Parliament.

State Commission

• Each State Commission, acting as the interim state government, shall be composed of
the incumbent governors of provinces and mayors of highly urbanized cities and
independent component cities within the state.
• The State Commission shall act as a collegial body with legislative and executive
powers.
• Chairmanship of each state commission shall be by succession and rotation among its
members with a one-year term each.
• A State Chief Administrator shall be elected by the Commission and exercise the
executive functions of the commission and act as the chief executive official of the
state. incumbent members of the Commission are prohibited from acting as the State
Chief Administrator.
• State government positions are appointed by the Commission. It shall also create
government offices and bureaucracy.

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• In exercising legislative power, the Commission shall be assisted by a state consultative
assembly composed of three (3) representatives from each of the legislative assemblies
of each province, highly urbanized city and independent component cities.