Distinctions between the ConCom Draft Federal Constitution and the Resolution of Both Houses No.

15 (RBH 15)
with respect to the Pertinent Provisions of the 1987 Constitution

ConCom Draft Constitution Resolution of Both Houses No. 15

National Territory

It excluded the concept of Archipelagic Doctrine, as enunciated It retained the Archipelagic Doctrine, as enunciated in the 1987
in the 1987 Constitution. The Archipelagic Doctrine states that Constitution.
the waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.

It introduced the sovereign rights of the Philippines over the It excluded the sovereign rights of the Philippines over the
maritime expanse beyond its territorial sea to the extent reserved maritime expanse beyond its territorial sea to the extent reserved
to it by international law, which includes the Philippine Rise to it by international law, as proposed in the ConCom Draft.
(Benham Rise).

Declaration of Principles and State Policies

It explicitly pronounced that the Republic of the Philippines shall It only pronounced that the Republic of the Philippines shall
at all times uphold Federalism. recognize regional autonomy towards Federalism.

It introduced the principle of subsidiarity in order to promote the It excluded the principle of subsidiarity in the promotion of the

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autonomy of local government units in accord with Federalism.
Bill of Rights
It introduced three (3) generations of rights, namely:
(a) Civil and Political Rights;
(b) Social and Economic Rights; and
(c) Environmental and Ecological Rights
It explicitly pronounced that the rights enunciated in the Bill of
Rights are demandable against the State and non-State actors.
It explicitly pronounced that the enforcement of the Bill of Rights
shall be consistent with international standards.
Political Parties
It introduced the institutionalization of political parties as
mechanisms of citizen representation and democratic
governance. It likewise pronounced that the Republic of the
Philippines shall ensure the development and strengthening of
political parties.
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autonomy of local government units in accord with Federalism,
as proposed in the ConCom Draft.
It excluded the three (3) generations of rights, as introduced and
proposed in the ConCom Draft, thereby retaining the civil and
political nature of the Bill of Rights under the 1987 Constitution.
It excluded the pronouncement in the ConCom Draft that the Bill
of Rights is demandable against State and non-State actors.
Thus, it retains the notion in the 1987 Constitution that the Bill of
Rights is only demandable against the State.
It excluded the pronouncement in the ConCom Draft that the
enforcement of the Bill of Rights shall be consistent international
standards.
It explicitly pronounced the adoption, development, and
institutionalization of a two-party system as a mechanism of
representation and democratic governance.
It introduced the regulation of campaign finance of political
parties and candidates in all elections, through the so-called
Democracy Fund.
It explicitly pronounced a prohibition on political dynasties
thereby deviating from the non-self executory pronouncement on
political dynasties under the 1987 Constitution. In this regard, it
prohibited persons related within the second civil degree of
consanguinity or affinity from running simultaneously for more
than one national and one regional or local position.
Legislative Department
It provided that the House of Representatives shall be composed
of not more than four hundred (400) Members, unless otherwise
provided by law.
Sixty percent (60%) thereof shall be elected directly from
legislative districts while the remaining forty percent (40%) shall
be elected through a system of proportional representation of
registered political parties.
It provided for a term limit on Members of the House of
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It excluded the regulation of campaign finance of political parties
and candidates in all elections, as introduced by and proposed in
the ConCom Draft.
It excluded the prohibition on political dynasties, as pronounced
by and proposed in the ConCom Draft.
It provided that the House of Representatives shall be composed
of not more than three hundred (300) Members.
Eighty percent (80%) thereof shall be elected directly from
legislative districts while the remaining twenty percent (20%)
shall be elected through a party-list system of registered sectoral
parties or organization thereby substantially retaining the
composition ratio under the 1987 Constitution.
It excluded the ConCom Draft’s proposed term limit on Members
Representatives, that is, no Member of the House of
Representatives shall serve for more than two (2) consecutive
terms.
It provided that the Senate shall be composed of at least two (2)
Senators for every Federated Region.
The Senators shall be elected regionally.
It provided for a term limit on Senators, that is, no Senator shall
serve for more than two (2) consecutive terms.
It provided that the Federal Electoral Court shall be the sole
judge of all contests relating to the election, returns, and
qualifications of Senators and Members of the House of
Representatives
Executive Department
It provided that the Vice-President shall be appointed as a
Member of the Cabinet thereby deviating from the Vice-
President’s permissive role under the 1987 Constitution.
It provided that the Federal Electoral Court shall be the sole
judge of all contests relating to the election, returns, and
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of the House of Representatives.
It retained the pertinent provision of the 1987 Constitution stating
that the Senate shall be composed of twenty-four (24) Senators
thereby excluding the proposed composition by the ConCom
Draft.
The Senators shall be elected nationally.
It excluded the ConCom Draft’s proposed term limit on Senators.
It excluded the ConCom Draft’s proposed Federal Electoral
Court. Thus, it substantially retained the pertinent provision of the
1987 Constitution stating that Congress shall have an Electoral
Tribunal, which shall be the sole judge of all contests relating to
election, returns, and qualifications of its Members.
It reverted to the Vice-President’s permissive role under the 1987
Constitution, which provides that the Vice-President may be
appointed as a Member of the Cabinet.
It excluded the ConCom Draft’s proposed Federal Electoral
Court. Thus, it retained the pertinent provision of the 1987
qualifications of the President and Vice-President.
Judicial Department
It provided that judicial power shall be vested in the Federal
Supreme Court, the Federal Constitutional Court, the Federal
Administrative Court, the Federal Electoral Court, and in other
courts as may be established by law.
It introduced and provided that judicial power includes the
rendering of advisory opinion on:
(1) constitutional questions properly referred to it, which opinion
shall be rendered by the Federal Constitutional Court; and
(2) compliance of the Federal Commission on Elections
regarding the process, procedure, and preparations for the
conduct of elections, which opinion shall be rendered by the
Federal Administrative Court.
It provided that the Federal Supreme Court shall be composed of
a Chief Justice and eight (8) Associate Justices.
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Constitution stating that the Supreme Court, sitting en banc, shall
be the sole judge of all contests relating to the election, returns,
and qualifications of the President or Vice-President.
It excluded the ConCom Draft’s proposed judicial power and
retained the formulation of the same under the 1987 Constitution,
which provides that the judicial power shall be vested in one
Supreme Court and in such lower courts as may be established
by law.
It excluded the ConCom Draft’s proposal to create the Federal
Constitutional Court, Federal Administrative Court, and Federal
Electoral Court.
It excluded the ConCom Draft’s proposed inclusion of advisory
opinion in the coverage of judicial power. Thus, it retained the
concept of judicial power under the 1987 Constitution.
It reverted to the composition of the Supreme Court under the
1987 Constitution, which provides that the Supreme Court shall
 be composed of a Chief Justice and fourteen (14) Associate
Justices.

It provided that the Members of the Federal Supreme Court,
Federal Constitutional Court, Federal Administrative Court, and
Federal Electoral Court shall serve for a term of twelve (12)
years or until they reach the age of seventy (70) years,
whichever comes first.
It reverted to the term of office of Members of the Judiciary under
the 1987 Constitution, which provides that they shall hold office
during hood behavior until they reach the age of seventy (70) or
become incapacitated to discharge duties of their office.

It provided that the power to appoint Members of the Judiciary It provided that only the President has the power to appoint
shall be shared among the President, the Commission on Members of the Judiciary thereby reverting to the pertinent
Appointments, and the Federal Supreme Court or the Federal provision under the 1987 Constitution.
Constitutional Court, as the case may be.

Constitutional Commissions

It provided that the following shall be considered Constitutional It excluded the ConCom Draft’s proposal to make the
Commissions: Ombudsman and the Philippine Competition Commission as
Constitutional Commissions.
(1) Federal Civil Service Commission;
(2) Federal Commission on Elections;
(3) Federal Commission on Audit;
(4) Federal Commission on Human Rights;
(5) Federal Ombudsman Commission; and
(6) Federal Competition Commission

Local Government

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It excluded Article X of the 1987 Constitution on Local
Government and replaced the same with the article on
Federated Regions, the Bangsamoro, and the Federated Region
of the Cordilleras.
It recognized that the Federal Republic of the Philippines shall be
composed of eighteen (18) Federated Regions thereby excluding
the provision on the territorial and political subdivisions of the
Republic of the Philippines under Article X, 1987 Constitution.
It is silent as regards the legal status of the Local Government
Code of 1991 (RA 7160).
It did not provide any provision on the President’s exercise of
general supervision over local governments.
It provided that Congress may, by law, create, abolish, merge,
and divide the Regions and determine their constituent political
subdivisions, subject to the ratification by the people in a
referendum held for the purpose in the political subdivisions
affected.
Accountability of Public Officers
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It substantially retained Article X, 1987 Constitution on Local
Government thereby excluding the ConCom Draft’s proposed
article on Federated Regions.
It retained the formulation in Article X, 1987 Constitution, which
provides that the territorial and political subdivisions of the
Republic of the Philippines are the provinces, cities,
municipalities, and barangays.
It provided that the Local Government Code of 1991 (RA 7160)
shall be strengthened by Congress in order to provide for a more
responsive and accountable local government structure instituted
through a system of decentralization and devolution.
It retained the President’s power of general supervision over local
government units under the 1987 Constitution.
It provided that a federal state may be created in any part of the
country upon a petition addressed to Congress by any
contiguous, compact, and adjacent provinces, highly urbanized
and component cities, and cities and municipalities in
metropolitan areas through a resolution of their respective
bodies, subject to approval by a majority of the votes cast in a
plebiscite in the political units affected.
It provided that the impeachment process is a joint function of It reverted to the impeachment process provided under the 1987
Congress and the Federal Constitutional Court or Federal Constitution, which is purely a function of Congress.
Administrative Court, as the case may be.

It provided that Federal Constitutional Court or the Federal It retained the Senate as the sole judge in trying and deciding
Administrative Court, as the case may be, shall have the sole impeachment cases, as provided in the 1987 Constitution.
power to try and decide impeachment cases.

National Economy and Patrimony

It retained the 60%-40% equity participation between Filipino It excluded the 60%-40% equity participation between Filipino
citizens and foreigners, respectively, in exploration, development, citizens and foreigners in all economic activities.
and utilization of natural resources, as well as land use.

It provided that reclaimed lands of the public domain may be It explicitly included reclaimed lands in the classification of lands
classified as such as may be provided by Congress. of the public domain.

People’s Initiative, Plebiscite, and Referendum

It provided for a self-executory article on people’s initiative, It reverted to the non-self-executory provision on people’s
plebiscite, and referendum initiative, plebiscite, and referendum, as provided in the 1987
Constitution.