Republi Republi c of the Philippines HOUSE OF REPRESENTATIVES Quezon Quezon City, Metro Manila 17th Congress 2nd Regul Regul ar Sessio Sessio n
SUBCOMMITTE3 COMMITTEE ON CONSTITUTIONAL AMENDMENTS
SALIENT FEATURES PREAMBLE
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The word “love” was “love” was deleted because it has no place in a Constitution. The phrase “Federal Republic of the Philippines” emphasizes Philippines” emphasizes the intent and purpose of the sovereign Filipino People of its desire to established and change the system and form of government into a Federal Republic of the Philippines The phrase “competent and reliable federal form of government” guarantees that the federal government shall address the basic necessities of the sovereign Filipino people. ARTICLE ARTICL E I NATIONAL TERRITORY TERRITORY
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Add the phrase “sovereign rights” rights” to cover Exclusive Economic Zone (EEZ) (200M), the legal continental shelf (200M), and the extended continental shelf (350M) all of which are outside the archipelagic and internal waters as defined in the United Nations Convention Convention on the law of the Sea (UNCLOS). The phrase “sovereign rights” differs rights” differs with the term “sovereignty” because “sovereignty” because the first refers to the exercise of functional “economic rights” such as “fiscal, quarantine, immigration and sanitation” over territories beyond the archipelagic base line; while the later refers to the powers and authority of the state over its whole territory. Add the word “maritime domains” in the phrase “consisting of its terrestrial, fluvial, and aerial domains” as under UNCLOS it refers to the territorial sea, continuous zone, exclusive economic zone (EEZ) and continental shelves for coastal state. This is to highlight the equal and critical importance of the seas in the geographical coverage of the National Territory. Delete the phrase “including its territorial sea, the seabed, the subsoil, the insular insu lar shelves, and other submarine areas”. areas” . The enumeration is already covered by the phrase “maritime domains” as understood and defined in international law. Enumeration in the context of the constitution is not favored because of the possibility that those which are not included in the enumeration are deemed excluded and may not anymore be legally claimed by the Philippines.
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Insert the phrase “which shall include all territorial island, waters, and air space allowed or recognized under our domestic laws and international laws and conventions”. conventions”. This will cover all territorial claims, including claims by historic title. Retained the second sentence. It sentence. It embodies the provision of UNCLOS on the territories of the Archipelagic States known as the “archipelagic doctrine” which was adopted by the Philippines through the enactment of the Archipelagic Base Line Law of 2009 (RA 9522). It also protects and preserves the territorial interest of an archipelago.
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ARTICLE ARTICL E II DECLARATION OF FEDERAL STATE PRINCIPLES PRINCIPLES AND POLICIES The Federal Republic Republic of the Philippines is a democratic, democratic, republican, republican, indivisible and federal state. As a Federal Republic, regional autonomy towards federalism shall be recognized within the framework of national unity and the Constitution. Constitution. The phrase “and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations” nations” is deleted as they have no legal or constitutional significance and it prevents the country from laying aggressive claim over Sabah. The Federal Republic Republic abhors any act of terrorism and condemns war as an instrument of national or regional policy. The Federal Federal government government is the protector of the people and and the Federal Federal Republic. Republic. The Goal of the Armed Armed Forces Forces of the Philippines Philippines is to secure secure the sovereignty of the Federal Republic and to safeguard the integrity of the national territory and the regions comprising it. The maintenance of of law, peace and order, equal opportunity among Filipino citizens, the protection of life, liberty, and property, the promotion of economic growth and efficiency, the enhancement of the people’s well-being well -being and general welfare, sustainable development, internal cohesion, and cultural diversity of the country are essential for the enjoyment by all the people of the blessings of democracy. The Federal Republic Republic is committed to the long-term preservation of natural resources and to a just and peaceful international order. The Federal Republic shall promote the development of a dynamic and productive economy where opportunities, income and wealth are equitably distributed. The sentence which provides that “the State shall develop a self restraint and independent national economy effectively controlled by Filipinos” is Filipinos” is deleted. The Federal Republic shall promote rural development, higher agricultural productivity, and equitable land ownership arrangements and delete the entire sentence that “the State shall promote comprehensive rural development and agrarian reform.” The Federal Republic recognizes recognizes and promotes promotes the rights of indigenous indigenous peoples and cultural communities within the framework of national unity and development development at the national and regional level.
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The Federal Republic shall shall empower civil society society through its non-governmental, community based, or sectoral organizations and its professional and civic associations and foundations that promote the welfare of the nation. The Federal Republic recognizes recognizes the vital role of learning learning and communication communication in nation-building and promotes the joint development of the national language and culture and the regional languages and cultures, to enrich and enlive the people’s lives and strengthen national unity in diversity. The Federal Republic Republic shall ensure the autonomy and promote the economic economic viability of the regions and their constituent local governments. The Federal Parliament shall provide a program of partnership aid to the various regions in support of their development programs and the basic needs of poor and needy constituents. The Federal Republic Republic shall guarantee guarantee equal access access to opportunities for public service, and prohibit political dynasties as shall be defined by law to be immediately passed by the first Federal Parliament.
ARTICLE ARTICL E XVI GENERAL PROVISIONS •
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The Federal Republic Republic shall establish and and maintain one police force, which shall be a national in scope and civilian in character, to be administered and controlled by a national police commission which shall be under the Prime Minister and the proper Cabinet Member provided that in times of national emergency, rebellion, lawless violence, and war, the President may exercise control and supervision over the police to assist the Federal Government and the Armed Forces for the protection of the National Security. The authority of Regional Governors over the police units in their jurisdiction shall be provided by law. The ownership ownership and management management of mass media media shall be limited limited to Filipinos, or to corporations, cooperative or associations, wholly-owned and managed by such citizens, unless otherwise provided by a Federal law. Only Filipino citizens citizens or corporations corporations or associations associations at least least seventy percentum percentum of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry, unless otherwise provided by a Federal law. Unless otherwise provided provided by law, the participation of foreign investors investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be Filipinos. ARTICLE ARTICL E XVIII TRANSITORY PROVISIONS
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The Incum Incum bent President ➢
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Exercises all the the powers and functions functions of the Head of of State and Head of of Government until the election of the next President and the next Prime Minister in May 2022. Appoints the new Cabinet from among the members of Parliament.
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Has supervision and direction over the interim Prime Minister and Cabinet. Vested with power power to dissolve dissolve the Interim Interim Parliament with the approval of the Federal Assembly. Subject to the same disqualification disqualification and manner of removal removal under the 1987 Constitution.
The Incum Incum bent Vice Presid Presid ent
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The Vice-President Vice-President shall continue until until 2022 to exercise her her powers and prerogatives as Vice-President under the 1987 Constitution.
First Regular Elections for the President
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It shall be held on the 2nd Monday of May 2022 by a direct vote of the people for a term of five (5) years.
The Interim Interim Parli Parli ament ament
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The present Congress of the Philippines composed of the House of Representatives and the Senate shall be dissolved and replaced by an Interim Parliament which shall exist immediately and shall continue until the members of the Regular Parliament shall have been elected and assumed office.
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The Members Members of the interim interim Parliament shall be the incumbent incumbent Members Members of the Senate and the House of Representatives and by appointment of the President, the Members of the Cabinet with portfolio.
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In case of vacancy in the Interim Interi m Parliament Parlia ment (Federal Assembly and the Senate), a special election maybe called to fill the vacancy in the manner prescribed by law, but the member of the Federal Assembly and the Senate elected shall serve only for the unexpired term.
First Regular Synchronized Elections for the Members of the Parliament, State and Local Government Offici als
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It shall be held on the 2nd Monday of May 2022 by a direct vote of the people for a term of five (5) years.
Effectivit Effectivit y of the Party-list Party-list law pending subsequent law
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seats allocated to Party-list representatives shall be filled by election in accordance with Republic Act No. 7941 or the Party-list system for the May 2022 National Elections until otherwise provided by a subsequent law. The Parliament shall enact a law on Party-list or sectoral representation. •
Aff Af f ected ect ed B ur eaucr eauc r acy of th e Dis so lv ed Co ng ress res s
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Affected personnel of the Senate S enate and a nd the House of Representatives may opt to be: Reinstated Separated – – entitled to 2.5 months for every year of government service rendered in addition to the retirement and other benefits under the GSIS Law and other Social Legislation. • •
State Governments Governments
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Outline of the Process of Establishing State Autonomy towards Federa Federalism lism subject to other condit ions i n the Federa Federall Constitut ion - The Parliament shall enact a comprehensive State and Local Government Code. - The Federal Federal Government Government shall gradually devolve devolve and decentralize decentralize funding, functions and responsibilities in accord with financial and organizational capacity of States. - Each State Commission Commission shall shall propose propose an Organic Act to be enacted enacted by the Parliament to form State Governments composed of elective legislative and executive departments.
Interim State Governments Governments
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Upon enactment enactment of the State and Local Government Government Code, Code, a State Commission (“Commission”) for each and within the State shall be organized composed of the following: (1) Incumbent Governors of Provinces; (2) Incumbent Mayors of Highly Urbanized Cities; and, (3) Incumbent Mayors of Independent Component Cities.
- Until enactment of the State Constitution for each State, the Commission shall be the Interim State Government, acting as a collegial body, with executive and legislative powers. •
State State Constituti on -
After a minimum minimum period of five (5) years after after organization organization of the State Commission, the State Commission shall propose and submit to Parliament a State Constitution
(1) upon two-thirds (2/3) vote by the Commission and the State Consultative Assembly, voting separately, OR (2) by by State People’s Initiative as determined by law within a specific state. - The Parliament shall shall enact the State Constitution based based on the competence, capacity, and resources of the State and consistent with the Federal Constitution.
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