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4/10/2019 Changing the Constitution: What are being proposed so far

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Changing the Constitution: What are being
proposed so far
We track the proposed revisions to the 1987 Constitution, based on draft constitutions
and proposed changes by the House of Representatives

By MICHAEL BUEZA
Published 8:42 PM, February 03, 2018

  

MANILA, Philippines ­ More than 3 decades since its ratification, the 1987 Constitution seems
poised for an overhaul.

Efforts are currently underway in Congress to revise the current Constitution, mainly to set up
a federal form of government. (READ: Will federalism address PH woes? Pros and cons of
making the shift)

Hello!
Proposed revisions have been reflected in the following documents:
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4/10/2019 Changing the Constitution: What are being proposed so far

Resolution of Both Houses (RBH) Number 8, which was consolidated in House Concurrent

Resolution (HCR) Number 9
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Proposed Constitution by the PDP-Laban Federalism Institute (FI)
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The House committee on constitutional amendments, split into 4 subcommittees, considered
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these inputs and presented summaries or salient features of its own proposals in mid­January
2018.
I ACCEPT

Meanwhile, President Rodrigo Duterte has set up a 19­member consultative body tasked to
review the Constitution.

Here's a comparison of key proposed revisions to the 1987 Constitution so far, based on RBH
8, PDP­Laban's draft, and the House subcommittee summaries.

This serves only as a tracker of proposed changes, and should not be seen as the final version
of a revised Constitution.

This page will be updated as further changes come in.

Not listed below are minor revisions, such as the addition of the word "Federal" (as in
"Federal Congress" or "Federal Supreme Court,” or variants of the phrase "Federal State
and/or the Regions."

Phrases highlighted in light orange are the portions of the 1987 Constitution that are eyed for
amendments, while those in yellow are new phrases or sections inserted in a draft charter.
Texts in bold and italics are changes proposed by the House subcommittees, pending the
release of a final version of the House's draft constitution.

So far, only the entirety of Article IV (or constitutional provisions on citizenship) is left
untouched in all proposals.

(SELECT AN ARTICLE)

Preamble

In RBH 8, the phrase "more perfect society" would be replacing "a just and humane society."
The new phrase is similar to that of the United States Constitution, where "more perfect
Union" is used. Hello!
Angry
RBH 8

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We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a more perfect society and establish a federal
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form of Government that shall embody our ideals and aspirations, promote the common good, conserve our patrimony,
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and develop
and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth,

justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines.
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PDP-Laban
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We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and
I ACCEPT
secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines.

House subcommittee

The word "love" is removed, "because it has no place in a Constitution."


"Federal Republic of the Philippines" is used.
The phrase "competent and reliable federal form of Government" is inserted.

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A r t i c l e   I :   N a t i o n a l   Te r r i t o r y

All proposals emphasize our maritime claims, citing the United Nations Convention on the
Law of the Sea that sets the rights and economic zones of its signatory countries.

This is to assert our country's rights over contested waters in the West Philippine Sea or South
China Sea. In July 2016, the Philippines won the arbitral case at the Permanent Court of
Arbitration over China's controversial "9­dash line".

RBH 8

The national territory over which the Federal Republic of the Philippines exercises sovereignty comprises the total land area of all
Regions of the Philippine archipelago, its internal and archipelagic waters and territorial sea, including the air space, seabed, subsoil,
and resources within its territorial boundaries. All other territories over which the Philippines has claimed sovereignty or jurisdiction
are also included.

The sovereignty over the territorial sea as well as the rights, jurisdiction and duties over the contiguous zone and the exclusive
economic zone shall be exercised subject to the United Nations Convention on the Law of the Sea and other rules of international
law.

PDP-Laban

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, ݃uvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. 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.

The national territory shall likewise include all islands and territorial waters occupied or claimed by the Philippines out of historical
title, by discovery or other means recognized under international laws and conventions including its exclusive economic zone as
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de㸸�ned by the United Nations Convention on the Law of the Sea.
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House subcommittee
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The phrases "sovereign rights" and "maritime domains", based on de㸸�nitions under the UNCLOS, are used.
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The phrase "which shall include all territorial island, waters, and air space allowed or recognized under our domestic laws 
and international laws and conventions" is inserted.

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Article II: Declaration of Principles and State Policies
I ACCEPT
Ty p e   o f   s t a t e
RBH 8 borrows the word "indivisible" from the constitutions of Mexico and France to further
classify the type of federal state that the Philippines will be. PDP­Laban's draft uses
"democratic federal republic", while the House subcommittee's notes use a similar phrase as
in RBH 8.

RBH 8

Section 1. The Philippines is an indivisible, democratic, republican and federal State. Sovereignty resides in the people through
suffrage and all government authority, whether federal or regional, emanates from them.

PDP-Laban

Section 1. The Philippines is a democratic federal republic. Sovereignty resides in the people and all government authority emanates
from them. As a federal republic, regional autonomy towards federalism shall be recognized within the framework of a national unity
and the Constitution.

House subcommittee

The phrase "democratic, republican, indivisible and federal state" is used.


This sentence is listed: "As a federal republic, regional autonomy towards federalism shall be recognized within the
framework of a national unity and the Constitution."

L a w   a n d   o r d e r,   a n t i ­ t e r r o r i s m
Besides renouncing war as national (or regional) policy, the proposed Federal State would
explicitly denounce terrorism in the draft charter in RBH 8 and in the notes of the House
subcommittee, which also stress law and order.

All drafts promote additional items crucial to Filipinos' enjoyment of democracy.

RBH 8

Section 4. The Federal State abhors any act of terrorism and renounces war as an instrument of national or regional policy, adopts
the generally accepted principles of international law as part ofHello!
the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
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[...] Section 7. The maintenance of law and order and equal opportunity among its citizens, the protection of life, liberty, and property,

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and the promotion of the 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. Be a Rappler PLUS Member

PDP-Laban
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Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of
international
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Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of economic growth
and eꟀ�ciency, and the enhancement of the people's well-being and general welfare are essential for the enjoyment by all the people
of the blessings of democracy.

House subcommittee

The phrase "abhors any act of terrorism" is added.


The phrase "and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations" would be
deleted, because the subcommittee says it has "no legal or constitutional signi㸸�cance and it prevents the country from laying
aggressive claim over Sabah."
The phrase "The maintenance of law, peace and order" is used.
The phrase "equal opportunity among Filipino citizens" is added, while "the promotion of economic growth and e𲼃ciency,
the enhancement of the people's well-being and general welfare, sustainable development, internal cohesion and cultural
diversity of the country" is used.

Anti­dynasty law
The draft charter in RBH 8 and a House subcommittee's notes would instruct the first
Congress under the Federal State to immediately enact a law banning political dynasties.

PDP­Laban's charter has the same provision for dynasties as in the 1987 Constitution, but the
institute proposes a rewording "to make [the provision] self­executory." Provisions under the
section for the Federal Commission on Elections would prohibit members of political
dynasties to hold federal government positions.

The 1987 Constitution left it to Congress to craft such law, but none has been passed over the
last 3 decades. (READ: Congress, not Constitution, is the problem – Monsod)

RBH 8

Section 30. The Federal State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as shall
be de㸸�ned by law to be immediately passed by the 㸸�rst Federal Congress under this Constitution.

PDP-Laban

Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties.
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* The PDP-Laban Federalism Institute said this part would be "for rewording to make it self-executory".
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House subcommittee
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The Federal Republic shall guarantee equal access to opportunities for public service, and prohibit political dynasties as 
shall be de逅ned by law to be immediately passed by the 逅rst Federal Parliament.

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NI eACCEPT
w,   r e v i s e d   p r i n c i p l e s ,   p o l i c i e s
In RBH 8, a new section in Article II declares the federal state's commitment to take care of
natural resources and ensure international order. Another mentions the intent to make the
State "a drug­free country".

Meanwhile, many state principles and policies are revised in PDP­Laban's version and in the
House subcommittee proposals. Among them: leaving out the phrase where the State should
develop a national economy "effectively controlled by Filipinos".

RBH 8

Section 5. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the
people and the Federal State. Its goal is to secure the sovereignty of the Federal State and the integrity of the national territory and
the Regions comprising it.

[...] Section 8. The Federal State is committed to the long term preservation of natural resources and to a just and peaceful
international order.

[...] Section 15. The Federal State and all its regions shall be a drug-free country.

[...] Section 23. The Federal State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

[...] Section 25. The Federal State shall promote comprehensive rural development and agrarian reform.

Section 26. The Federal State recognizes and promotes the rights of indigenous cultural communities within the framework of unity
and development at the national and regional level.

Section 27. The Federal State shall encourage non-governmental, community-based, or sectoral organizations that promote the
welfare of the nation.

Section 28. The Federal State recognizes the vital role of communication and information in nation-building.

Section 29. The Federal State shall ensure the autonomy of local governments.

PDP-Laban

Section 3. Civilian authority is, at all times, supreme over the military. The Government of the Philippines is the protector of the people
and the State. The goal of the Armed Forces is to secure the sovereignty of the Federal Republic and the integrity of the national
territory.

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[...] Section 19. The State shall promote the development of a dynamic and productive economy where opportunities, income and
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wealth are equitably distributed.

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[...] Section 21. The State shall promote rural development, higher agricultural productivity, and equitable land ownership

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Section 22. The State recognizes and promotes the rights of indigenous peoples and cultural communities within the framework of
national
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professional and civic associations and foundations that promote the welfare of the nation.

I ACCEPT
Section 24. The State recognizes the vital role of learning and communication and information in nation-building and promotes the
joint development of the national language and culture and the regional languages and cultures, to enrich and enliven the people's
lives and strengthen national unity in diversity.

Section 25. The State shall ensure the autonomy and promote the economic viability of the regions and their constituent local
governments. The 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.

House subcommittee

The federal government is the protector of the people and the Federal Republic. The goal of the Armed Forces of the
Philippines is to secure the sovereignty of the Federal Republic and the integrity of the national territory and the regions
comprising it.
The Federal 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 "The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos." would be deleted.)
The Federal Republic shall promote rural development, higher agricultural productivity, and equitable land ownership
arrangements. (The sentence "The State shall promote comprehensive rural development and agrarian reform." would be
deleted. This is similar to the proposal of PDP-Laban, which explained that policies for these are "better left to the
Parliament.")
(The rest of the changes are the same as Sections 22 to 25 of PDP-Laban's draft charter.)

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Article III: Bill of Rights

The Bill of Rights would largely be retained, except for changes in certain sections as
introduced in RBH 8 (on freedom of movement between regions) and in a House proposal to
limit the protection for freedom of speech..

RBH 8

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health,
as may be provided by law. All Filipinos shall have the right to move freely throughout the Federal State, from one Region to another.

House subcommittee

Section 4 would be amended as follows: Hello!


No law shall be passed abridging the responsible exercise of the freedom of speech, of expression, or of the press, orAngry
the
right of the people peaceably to assemble and petition the government for redress of grievances.

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A r t i c l e   V:   S u f f r a g e
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The participation of overseas absentee voters is emphasized. In RBH 8, Congress/Parliament
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would also be tasked to prioritize, not just design, a law that would provide for a procedure
where the disabled and the illiterate can vote without assistance.
I ACCEPT

Absentee voting is already provided for in Republic Act 9189. Meanwhile, Republic Act 10366
allows senior citizens and persons with disabilities to be assisted by relatives or poll officers.

RBH 8

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disquali㸸�ed by law, who are at least eighteen
years of age, and, except for quali㸸�ed Filipinos abroad under a system for absentee voting as may be provided by law, who shall have
resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Section 2. The Federal Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for
absentee voting by quali㸸�ed Filipinos abroad.

The Federal Congress shall prioritize the passage of a law specifying the procedure for the disabled and the illiterates to vote without
the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on
Elections may promulgate to protect the secrecy of the ballot.

PDP-Laban

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disquali㸸�ed by law, who are at least eighteen
years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at
least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage. The residency requirement mentioned herein shall not apply to quali㸸�ed voters residing or working overseas.
The residency requirement of such citizens is de㸸�ned by law.

Section 2. The Parliament shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee
voting by quali㸸�ed Filipinos abroad.

The Parliament shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until
then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the
secrecy of the ballot.

House subcommittee

The phrase "except for quali逅ed Filipinos abroad under a system for absentee voting as may be provided by law" would be
inserted.

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A r t i c l e   V I :   T h e   L e g i s l a t i v e   D e p a r tHello!
ment
Angry
In all proposals, Congress would remain bicameral. In RBH 8, both houses would still be
known by their current names, with almost the same roles.
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known by their current names, with almost the same roles.
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But in PDP­Laban's draft charter and as proposed in the House, Congress would be called the
Parliament, composed of the Senate and the Federal Assembly. The Prime Minister, head of
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the Federal Assembly, would have considerably bigger powers as head of government.
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TIhACCEPT
e Senate
In RBH 8, up to 6 senators may represent each of the 18 regions, based on their population.
Their terms will remain to be for 6 years, but the lowest vote­getter in each region in the first
election under a new Constitution would only serve for 3 years.

In PDP­Laban's draft charter and as proposed by a House subcommittee, 3 senators would
represent each region, with a term of 5 years each.

In their executive summary, PDP­Laban said the Senate's powers "shall be limited to the
review of bills passed by the Federal Assembly."

RBH 8

Section 1. Except for powers reserved to each Region and to the people by the provision on initiative and referendum, the legislative
power shall be vested in the Congress of the Federal Republic of the Philippines which shall consist of a Senate and a House of
Representatives.

Section 2. The Senate shall be composed of at least two up to a maximum of six Senators from each Region who shall be elected at
large by the quali㸸�ed voters of each Region. A region with more than 5 million, 6 million, 7 million and 8 million inhabitants shall have
an additional of one, two, three, and four Senators, respectively. Each Senator shall have one vote.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least
thirty-㸸�ve years of age, able to read and write, a registered voter in the Region in which he shall be elected, and a resident thereof for a
period of not less than two years immediately preceding the day of the election.

Section 4. The term of oꟀ�ce of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the oꟀ�ce for any length of time shall not be considered as an interruption in the continuity of his service for the full
term for which he was elected.

In the 㸸�rst elections after the rati㸸�cation of this Constitution, the Senators who obtained the lowest number of votes in their
respective regions shall serve for three years only and the rest for the full term of six years. In the succeeding elections, Senators
elected at large by the quali㸸�ed voters of each Region shall serve for six years.

PDP-Laban

Section 1. The legislative power shall be vested in the Parliament of the Federal Republic of the Philippines which shall consist of two
houses: the Federal Assembly, as the national legislative department, and the Senate, as the legislative body representative of the
regions, except to the extent reserved to the people by the provision
Hello!on initiative and referendum.

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[...] Section 5. Each region shall have three (3) 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.

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Section 6. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, a the
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day ofPLUS Member
the election,

is at least
thirty-㸸�ve years of age, able to read and write, and a registered voter and a resident of the region in which he was elected as Senator
for not less than two years immediately preceding the day of the election.
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Section 7. The term of oꟀ�ce of the Senators shall be 㸸�ve (5) years and shall commence, unless otherwise provided by law, at noon on
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renunciation of the oꟀ�ce for any length of time shall not be considered as an interruption in the continuity of his service for the full
term for which he was elected.
I ACCEPT
A person who has served as a Senator without interruption for a period of more than three (3) years within the 㸸�ve (5) year term shall
be considered to have served a term as a Senator. No person who has served one term as a Senator who has served a second
consecutive term as such without interruption for more than three (3) years shall be quali㸸�ed for election for a third consecutive
term.

[...] Section 27. [...] (4) Every bill passed by the Federal Assembly shall be submitted for the concurrence of the Senate unless
otherwise provided in this paragraph. [...]
(5) The Senate shall primarily represent the regions in the federal government and in the Parliament. The Senate shall not initiate
legislation. [...]

House subcommittee

Each State shall have a minimum of 3 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.

RBH 8 proposal: House of Representatives retained
This draft constitution does not set a maximum number of district congressmen, unlike the
current charter, which sets a limit of up to 250. (In the current 17th Congress, there are 238
legislative districts.) Thus, redistricting should be monitored if this provision would pass.

The period for possible reapportionment of districts would also be reduced to within one year
following a census. The 250,000 population requirement for the creation of a district would
remain, as well as the 20% seat allocation for party­list representatives.

The current Party List Law would become the constitutional basis for the election of
representatives from marginalized sectors, until it is replaced by a new law.

RBH 8

Section 5. (1) The House of Representatives shall be composed of one elective District Representative from each of the Legislative
Districts apportioned by law among the provinces, highly-urbanized independent cities, independent component cities, component
cities and municipalities in each Region in accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and Party-List Representatives who, as provided by law, shall be elected through a party-list system of
Hello!
registered national, regional, and sectoral parties or organizations.
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(2) Party-list representatives shall constitute twenty per centum (20%) of the total number of representatives including those under

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the party list. Until otherwise provided by a subsequent law, the seats allocated to party-list representatives shall be 㸸�lled by election

in accordance with Republic Act No. 7941 or the Party-List System. Be a Rappler PLUS Member
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(3) Each legislative district in all Regions shall comprise, as far as practicable, contiguous, compact and adjacent territory. A province,
highly-urbanized
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thereof, with a population of at least 250,000, shall be apportioned as one Legislative District.
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(4) No Legislative District may be reapportioned except pursuant to a national census. Within one year after every national census,
the House of Representatives may propose a reapportionment of Legislative Districts in all Regions based on the standards provided
I ACCEPT
in this section.

PDP­Laban/House proposal: The Federal Assembly
In PDP­Laban's draft charter and based on the House proposal, the current House of
Representatives would be transformed into the Federal Assembly, which would be the sole
body initiating legislation. (In PDP­Laban's version, assemblymen could be elected to two 5­
year terms, from the current 3 3­year terms.)

But there are differences between the two proposals. Among others, the Federal Assembly’s
membership would be capped to 400 (in the PDP­Laban's draft) or 300 (in the House
proposal). Sectoral representation would come from either a political party or the current
party­list system. They also differ as to how many voters a city should have for a seat in the
Assembly.

PDP-Laban

Section 2. (1) The Federal Assembly shall be composed of not more than four hundred (400) members unless otherwise provided for
by law.

(2) Sixty centum (60%) 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.

(3) The remaining forty per centum (40%) of the members of the Federal Assembly shall be elected by proportional representation by
region where the registered voters within each region shall be allowed to cast a vote for a political party with a closed-list of
nominees. Proportional representation shall mean that a political party's closed list of nominees shall be entitled to the number of
seats in the Federal Assembly equivalent to the percentage of the number of votes received by the political party in proportion to the
total number of votes cast for all political parties within a region. The political party or parties that won seats in each region shall be
allowed to 㸸�ll the seats with its nominees as members of the Federal Assembly in accordance with the order of the names in the list.

(4) Single member legislative districts shall be apportioned among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants on the basis of a uniform progressive ratio as may be provided by federal
law.

(5) Each single member legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city
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with a population of at least two hundred 㸸�fty thousand (250,000) voters, or each province, shall have at least one member of the
Federal Assembly. Angry

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[...] Section 4. The Members of the Federal Assembly shall be elected for a term of 㸸�ve (5) years which shall begin, unless otherwise

provided by law, at noon on the thirtieth of June next following their election. No Member of theBe
more than two (2) consecutive terms. [...]
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House subcommittee

I ACCEPT
The Federal Assembly shall be composed of not more than 300 members unless otherwise provided by law.
80 percent of the members shall be elected from legislative electoral districts, while 20 percent shall be elected through a
party list system of registered federal or sectoral parties or organizations.
Each city with a population of at least 350,000 voters, or each province, shall have at least one member of the Federal
Assembly.

Dismissal of PM, dissolution of Federal Assembly
PDP­Laban's draft charter borrows a feature from other parliaments where the Prime
Minister could be removed, and the President would appoint a new one. The Federal
Assembly could also be dissolved; however, the Senate would still continue to function.

PDP-Laban

Section 10. In case of dissolution of the Federal Assembly, the Senate shall not be dissolved and the Senators shall continue their
terms of oꟀ�ce in accordance with the Constitution and prevailing laws.

[...] Section 35. (1) The Federal Assembly may express a vote of no con㸸�dence on the incumbent Prime Minister through a majority
vote of all its members and a motion requesting the President to dismiss the Prime Minister. The President shall then dismiss the
incumbent Prime Minister and appoint a new Prime Minister in accordance with section 24 of Article VII of the Constitution.

(2) The Prime Minister may advise the President in writing to dissolve the Federal Assembly based on a vote of no con㸸�dence on the
government by a majority of all the members of the Federal Assembly, in which case, the President shall dissolve the Federal
Assembly and call for a new election for the positions of the members of the Federal Assembly. The President shall dissolve the
Federal Assembly not earlier than 㸸�ve (5) days nor later than ten (10) days from his receipt of the advice of the Prime Minister.

(3) In all cases of dissolution of the Federal Assembly, the President shall call for an election on a date which shall not be earlier than
forty-㸸�ve (45) days nor later than sixty (60) days from the date of such dissolution.

(4) The President may also dissolve the Federal Assembly for failure of parliament to pass a budget for two successive plenary votes
or for two successive majority votes of no con㸸�dence on the Prime Minister as set under paragraph 1 of this section.

(5) No dissolution of the Federal Assembly shall take place in any of the following: (a) During times of war or a state of emergency
declared by the President unless lifted by a majority vote of the members of the Senate present in a session where there is a quorum;
(b) Within six (6) months immediately preceding or immediately following any election for members of the Federal Assembly;
(c) Within twelve (12) months immediately following a dissolution of the Federal Assembly;
(d) During the pendency of impeachment proceedings against the President;
(e) Successive dissolution for the same reason
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(6) In case of dissolution of the Federal Assembly or the termination of regular term of oꟀ�ce of its members, every seat for the
position of the members of the Federal Assembly shall become vacant but the incumbent Prime Minister and the cabinet shall

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continue to conduct the affairs of government until the new Federal Assembly has been elected and a new Prime Minister has been

chosen in accordance with the Constitution. Be a Rappler PLUS Member
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and

The Federal Congress will have exclusive authority to craft laws on national security,
I ACCEPT
declaration of war, foreign relations, customs (imports and exports) and quarantine, and
other federal aspects of government.

RBH 8

Section 28. The Federal Congress shall have exclusive jurisdiction and authority to legislate on the following areas:
(a) National security and defense;
(b) Declaration of war;
(c) Foreign relations, including the rati㸸�cation of treaties;
(d) Foreign trade, but Regions may also enter into trade relations with other countries upon prior notice to the President;
(e) Customs and quarantine;
(f) Federal currency, 㸸�scal and monetary system, taxation, budget and audit;
(g) Immigration, emigration and extradition;
(h) Inter-regional commerce and trade;
(i) Federal public works and infrastructure;
(j) Federal postal and telecommunications;
(k) Federal air, sea and land transportation;
(l) Intellectual property and copyright;
(m) Meteorology and standards of weights and measures;
(n) Grants-in-Aid to Regions;
(o) Federal census and statistics;
(p) Federal loans;
(q) Federal penal system;
(r) Cloning, genetic research and engineering;
(s) Settlement of territorial and other disputes among states; and
(t) Offenses de㸸�ned in the Revised Penal Code and federal laws.

PDP-Laban

ARTICLE X

Section 20. Unless otherwise provided in the Constitution, the Federal Government shall have exclusive legislative powers over the
following:
(1) National defense
(2) Police and national security
(3) Foreign affairs
(4) Currency and monetary policy
(5) Customs and tariff
(6) International trade
(7) Inter-regional commerce
(8) Postal service
(9) Quarantine Hello!
(10) Citizenship, naturalization, immigration and deportation Angry
(11) General auditing

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(12) National elections



(13) Maritime, land and air transportation, and communication
(14) Patents, trademarks, trade names, and copyrights
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(15) Energy
(16) Judiciary
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subcommittee

The Federal Government shall have exclusive legislative powers over the following:
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National defense and security
Foreign affairs
Currency, money and coinage
Trade and commerce with other countries and among states
Customs
Borrowing money on public credit of the federation
Immigration and citizenship
National territory
Transportation, postal service and telecommunications
Intellectual property rights
National 㸸�nance – taxation, budget and audit
Meteorology, standards of weight and measures; and time regulation
Federal aid to states
Census, surveys and statistics

(The House subcommittee also listed down 20 areas where the federal government and the states would have concurrent powers
over. See below, under "Article X: Regional and Local Governments".)

Number of signatures for initiative, referendum
Laws passed by regional legislatures would be covered by an initiative or referendum. RBH 8
and the PDP­Laban draft charter differ, however, on the number of signatures needed and
their sources.

RBH 8

Section 26. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom,
whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Federal
Congress, Regional Legislature or local legislative body after the registration of a petition therefor signed by at least ten per centum
of the total number of registered voters in the Federal State, Region or local legislative body concerned, of which every Region,
province, city, municipality or barangay, as the case may be must be represented by at least three per centum of the registered voters
thereof.

PDP-Laban

Section 32. The Parliament may enact or amend laws that provide for a system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the
Federal Assembly, Regional Assemblies or any local legislative body after the registration of a petition therefor signed by at least 2.5
Hello!
per centum of the total number of registered voters, of which every legislative district must be represented by at least one per centum
of the registered voters thereof. Angry

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[ Back to top ]

Article VII: The Executive Department
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RBH 8 introduced only a few amendments to the executive branch of government.
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But in PDP­Laban's draft charter and as proposed in the House, the executive power would be
"dispersed among the President, the Prime Minister, the Cabinet, the Parliament and the
I ACCEPT
Regional Governments" in a semi­presidential or hybrid parliamentary model.

The President would be the head of state of the federal republic, while the Prime Minister
would be the head of government. The position of vice president, meanwhile, would be
abolished.

The President on pardons, foreign loans
In RBH 8, there are only two changes so far concerning presidential powers: a clarification on
which crimes the President can consider when pardoning convicts, and the requirement to get
Congress' approval first before contracting foreign loans, with the Monetary Board only
recommending such loans.

In PDP­Laban's draft, however, the power to secure foreign loans was transferred to the Prime
Minister.

RBH 8

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves,
commutations and pardons, and remit 㸸�nes and forfeitures, after conviction by 㸸�nal judgment of crimes de㸸�ned by federal laws or
other penal legislations or offenses prescribed in the Revised Penal Code. He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Federal Congress.

These powers may also be exercised by Regional Governors in appropriate cases for conviction of crimes committed within the
territorial boundaries of their respective Regions against regional laws.

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior
recommendation of the Monetary Board and concurrence of the Senate and the House of Representatives, voting separately, prior to
the signing of any document evidencing such contract of guarantee. The Monetary Board shall, within thirty days from the end of
every quarter of the calendar year, submit to the Congress a complete report of its decisions on applications for loans to be
contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of
increasing the foreign debt, and containing other matters as may be provided by law.

PDP-Laban

Section 17. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves,
Hello!
commutations and pardons, and remit 㸸�nes and forfeitures, after conviction by 㸸�nal judgment. He shall also have the power to grant
amnesty with the concurrence of a majority of all the Members of the Parliament. Angry

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[...] Section 35. The Prime Minister may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior

concurrence of the Monetary Board, and subject to such limitations as may be provided by law. Be
TheaMonetary
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Board Member
shall, within
thirty days from the end of every quarter of the calendar year, submit to the Parliament a complete report of its decisions on
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applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which
would
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subcommittee

The President would have oversight powers, pardoning powers, the power to enter into international treaties, and the role of
I ACCEPT in chief of all armed forces and head of international relations and foreign affairs, among others.
commander
Among the functions of the Prime Minister would be entering into contracts (including loans) on behalf of the government.

Other presidency­related amendments
Under the PDP­Laban draft charter, the President should be at least 45 years old (from the
current 40), nominated by the Federal Assembly but still elected by voters to a term of 5 years,
and could be reelected to a second term. His executive powers would be limited to areas of
national defense and foreign affairs.

In case of a vacancy, the Senate President (or if he's unable to, the Speaker of the Federal
Assembly) would serve as the President's successor.

PDP-Laban

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read
and write, at least forty-㸸�ve (45) years of age on the day of the election, a resident of the Philippines for at least ten years
immediately preceding such election, and nominated by at least twenty percent (20%) of all the members of the Federal Assembly,
who are registered members of a registered political party or a coalition of registered political parties or nominated by the incumbent
the members of the Federal Assembly who were elected by at least twenty-㸸�ve percent (25%) of the total votes cast in the
immediately preceding election for all positions for the members of the Federal Assembly including votes of political parties under
the proportional representation system.

Section 3. The President shall be elected by direct vote of the people for a term of 㸸�ve (5) years which shall begin at noon on the
thirtieth (30th) day of June next following the day of the election and shall end at noon of the same date, 㸸�ve (5) years thereafter. No
person shall serve as President for more than two (2) consecutive terms. The period of such service shall be counted from the date
he shall have commenced to act as President.

The person, who has served as President for two (2) consecutive terms, shall not be eligible to be a candidate in any election for any
elective position. [...]

[...] Section 7. In case of death, permanent disability, removal from oꟀ�ce, or resignation of the President, the President of the Senate,
or in case of his inability, the Speaker of the Federal Assembly shall then act as President until the President shall have been elected
and quali㸸�ed.

The Parliament may enact or amend laws to provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the President shall have been elected and quali㸸�ed, and be subject to the
same restrictions of powers and disquali㸸�cations as the Acting President.

Hello!
[...] Section 15. The President shall have direct and primary control of all the executive departments, bureaus, and oꟀ�ces involving
Angry
foreign affairs and national defense and he shall attend Cabinet meetings to preside and participate in setting policy for the said

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areas of concern when those matters are in the agenda. He has authority over the Prime Minister and the Cabinet with regard to the

areas where he has been vested primary control by the Constitution. Be a Rappler PLUS Member
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In the PDP­Laban and House proposals, the Prime Minister – selected among members of the
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Federal Assembly – would be given most of the executive power as head of government. He
would be assisted by his Cabinet, also chosen among Federal Assembly members, with
I ACCEPT
concurrence by the Senate.

He would also be tasked to prepare the annual national budget, set the government's agenda,
and appoint heads and officers of agencies (except those concerning national defense and
foreign affairs). A House subcommittee also suggests that the power to appoint Supreme
Court justices be given to the PM.

PDP-Laban

Section 22. The executive power shall be exercised by the Prime Minister with the assistance of the Cabinet except where the
President shall exercise primary executive powers involving foreign affairs and national defense. The Cabinet, headed by the Prime
Minister, shall consist of the heads of ministries as provided by law. The Prime Minister shall be the head of the government.

Section 23. The Prime Minister and the Cabinet shall be responsible to the Federal Assembly for the program of government and
shall determine the guidelines of national policy.

Section 24. 1) Upon every election for all the members of the Federal Assembly or upon the dismissal, death, resignation, inability or
disquali㸸�cation of the Prime Minister, the President shall without delay nominate an incumbent member of the Federal Assembly for
the position of Prime Minister, who shall be member of the political party or coalition of political parties representing majority of all
the members of the Federal Assembly. Upon the approval by majority vote of all the members of the Federal Assembly, the President
shall appoint the nominee as Prime Minister. In the absence of such approval by Federal Assembly, the President shall continue to
nominate another member of the Federal Assembly in accordance with this section until there is the required approval from the
Federal Assembly. [...]

Section 25. The Prime Minister shall appoint, with the concurrence of Senate, the members of the Cabinet who shall be the heads of
ministries at least a majority of whom shall come from the Federal Assembly, provided, that the heads of ministries involving foreign
affairs and national defense shall be appointed by the President. Members of the Cabinet may be removed at the discretion of the
Prime Minister except those appointed by the President who shall serve at his discretion. No concurrence of the Senate shall be
required if the appointed Cabinet member is also a member of the Federal Assembly or the Senate.

[...] Section 33. The Prime Minister shall submit to the Parliament, within thirty days from the opening of every regular session as the
basis of the general appropriations bill, a budget of expenditures and sources of 㸸�nancing, including receipts from existing and
proposed revenue measures.

Section 34. The Prime Minister shall appoint the heads of bureaus and oꟀ�ces, and all other oꟀ�cers of the government whose
appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint except in foreign affairs
and national defense. Other oꟀ�cers shall be appointed under the provisions of existing laws.

House subcommittee
Hello!
Angry
The head of government shall be the Prime Minister, who with the Cabinet shall constitute the government and exercise
executive power

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The Prime Minister shall be elected by majority of all the members of the Parliament from among themselves.
 The functions of the Prime Minister shall include the following:
Prepare the program of government
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Prepare the annual budget of the Federal Republic
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Enter into contracts, including loans, on behalf of the government
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The members of the Cabinet may be removed at the discretion of the Prime Minister. The Prime Minister or any member of
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the Cabinet may resign from the Cabinet for any cause without vacating his seat in Parliament.
Another House subcommittee suggests that the Prime Minister "shall nominate and with the consent of the Commission on
Appointments, appoint the Chief Justices and members of the Supreme Court and Constitutional Court, the lower collegiate
courts, the Ombudsman and his deputies, and the chairmen and members of the constitutional commissions."

[ Back to top ]

Article VIII: The Judicial Department

Limit the scope of judicial power
In a House proposal, a phrase supposedly referring to "judicial overreach" would be removed,
a move that is seen to clip the judiciary's powers. This part, however, is retained in the two
other draft charters.

RBH 8

Section 1. The judicial power shall be vested in one Federal Supreme Court of the Philippines, the Regional Court of Appeals, the
Sandiganbayan, and in such lower district courts as may be established by law in the different Regions of the Federal State.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.

PDP-Laban

(same as in 1987 Constitution)

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.

House subcommittee

The provision in Section 1, paragraph 2 was proposed to be amended to read as follows:


"Section 1. xxx Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable. (The phrase "and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government" would
be deleted.) Hello!
Angry

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Justices' age of retirement
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The draft charter in RBH 8 raises the age of retirement of justices and judges to 75. PDP­
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Laban's charter retains the retirement age of 70, while a House proposal lowers it to 65.
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RBH 8
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Section 12. The Members of the Supreme Court and justices of the Regional Court of Appeals and the Sandiganbayan, and judges of
lower courts shall hold oꟀ�ce during good behavior until they reached the age of seventy 㸸�ve years or become incapacitated to
discharge the duties of their oꟀ�ce. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order
their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted
thereon.

PDP-Laban

Section 10. The Members of the Supreme Court and judges of lower courts shall hold oꟀ�ce during good behavior until they reach the
age of seventy years or become incapacitated to discharge the duties of their oꟀ�ce. The Supreme Court en banc shall have the
power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in
the deliberations on the issues in the case and voted thereon.

House subcommittee

It was proposed that the retirement age for members of the Supreme Court and judges of lower courts be amended to 65
years from 70 years.

Income tax­exempt justices, judges
All justices and judges would be exempted from paying income tax under RBH 8 and PDP­
Laban's charter. This was reiterated in Section 15 of the Transitory Provisions in the charter in
RBH 8, but mentioned only SC justices.

RBH 8

Section 18. The salaries of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall
be 㸸�xed by law. During their continuance in oꟀ�ce, their salary shall not be decreased. Upon the rati㸸�cation of this Constitution, the
salaries of the Chief Justice and of the Associate Justices of the Supreme Court, justices of the Regional Court of Appeals and the
Sandiganbayan and of judges of lower courts shall not be subject to income tax.

PDP-Laban

Section 9. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, the justices of the Court of Appeals
and of judges of lower courts, shall be 㸸�xed by law. Their salaries shall not be subject to income tax or otherwise decreased.

Hello!
Regional Court of Appeals Angry
The Court of Appeals would be included in the Constitution, but its reorganization differs in
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the draft charters.
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RBH 8

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PDP-Laban

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. The Supreme Court
shall assign a division of the Court of Appeals to hold oꟀ�ce permanently in every region. The divisions of the intermediate appellate
court shall only take cognizance of the cases arising from within the territorial boundaries of the region to which these are assigned.
The divisions or individual members of the Court of Appeals may be directed by the Supreme Court to handle or assist in the
disposition of cases as the need arises.

House subcommittee

An amendment was proposed in Section 1 establishing a Regional Court of Appeals in 5 proposed regions: Luzon, Visayas,
Mindanao, NCR, and ARMM.

Judicial and Bar Council
In RBH 8, the Senate and the House would have one representative each in the Judicial and
Bar Council. But in the PDP­Laban charter and in the House proposals, the JBC would be
abolished.

Congress has been pushing for separate voting in JBC for years. Currently, Congress has only
one seat in the JBC, so both houses are sitting alternately. This is due to a Supreme Court
decision in 2012 that set this interpretation.

RBH 8

Section 8. (1) The Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief
Justice as ex oꟀ�cio Chairman, the Secretary of Justice, and a representative each of the Senate and the House of Representatives as
ex oꟀ�cio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.
[...]

PDP-Laban

Section 8. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at
least three nominees prepared after appropriate public hearings by the Integrated Bar of the Philippines and approved by the Senate
pursuant to its rules. Such appointments need no con㸸�rmation. For the lower courts, the President shall issue the appointments
within ninety days from the submission of the list.
Hello!
Angry
House subcommittee

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Section 8 pertaining to the JBC was proposed to be deleted.


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A House proposal suggests setting up a Constitutional Court, which would decide on
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constitutional questions, electoral protests, and disputes between and among the levels of
government under federalism.

House subcommittee

The proposed Constitutional Court would have exclusive jurisdiction over the following:
All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation is in question.
Election protest cases which were under the jurisdiction of the Parliament Electoral Tribunal.
Disputes between the federal government and the state government, between and among state governments, and disputes
between the state government and the local government units.

[ Back to top ]

Article IX: Constitutional Commissions

CHR as constitutional commission
From an independent office, the Commission on Human Rights (CHR) would be classified as
an independent constitutional commission in RBH 8 and in the House proposals, joining the
Commission on Audit, Commission on Elections, and the Civil Service Commission. But
CHR's composition will remain the same.

In the PDP­Laban draft, the CHR would remain as is in Article XIII. But a clause would also
be added, expanding the CHR's mandate to cases where non­state actors are involved. (READ:
Things to know: Human rights in the Philippines)

RBH 8

A. Common Provisions

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit, and the Commission on Human Rights.

PDP-Laban

ARTICLE XIII

Hello!
[...] Section 13. The Commission on Human Rights shall have the following powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rightsAngry
regardless of whether such violation was performed by a government or non-government party [...]

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House subcommittee

There is a proposal to include the CHR as a constitutional commission.
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The CHR would be mandated to conduct investigations of human rights violations regardless of whether such were
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Commission members, functions
Except for the CHR, constitutional commissions would have expanded membership in the
different proposals. A House subcommittee likewise revives proposals to revise the functions
of the Comelec.

RBH 8

Provision under all 3 commissions:

Section 1. [...] (3) A Commissioner shall be assigned to each Region and his decision on any case or matter that is within the scope
of his regional assignment shall be 㸸�nal and executory, if no appeal to the Regional Court of Appeals is 㸸�led within the period
prescribed in its own rules or the Rules of Court, whichever is applicable.

PDP-Laban

B. The Federal Civil Service Commission

(1) The civil service shall be administered by the Federal Civil Service Commission composed of a Chairman and eight
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-㸸�ve years of
age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections
immediately preceding their appointment.
(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments
for a term of seven years without reappointment. The Federal Civil Service Commission shall be divided into three divisions with three
members each. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.

C. The Federal Commission on Elections

Section 1. (1) [...] In addition to the quali㸸�cations provided above, three (3) Commissioners of the Federal Commission on Elections
shall be residents of Luzon, two (2) of the Visayas and two (2) of Mindanao. [...]

Section 9. The Commission shall establish regional bureaus to assist the Commission which shall perform the same functions as the
Commission at the regional and local levels, subject to the authority of the Federal Commission on Elections.

House subcommittee

Some proposals for the Comelec:


The power to investigate and cause the prosecution of election-related crimes would be vested in the Department of Justice
Appeals of decisions in electoral contests would be 㸸�led either in the Supreme Court, appellate courts, or lower courts
Its quasi-judicial functions would be transferred to the judiciary
Hello!
Angry

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Development of political parties


PDP­Laban's draft charter would regulate and subsidize political parties, ban party­switching
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(or political turncoatism) and prohibit political dynasties.
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PDP-Laban

Section 11. The State shall ensure the development of political parties as mechanisms of representation and democratic
governance.
I ACCEPT Every political party shall be registered with the Federal Commission on Elections which shall ensure that the political
party has duly adopted its program and platform of government. [...]

[...] Section 13. (1) To ensure strong and cohesive political parties, party switching shall be banned one year after the adoption of the
constitution. Thereafter, no elective public oꟀ�cial may change his political party aꟀ�liation during his term of oꟀ�ce and no candidate
for any elective public oꟀ�ce may change his political party aꟀ�liation within one year immediately preceding or following an election:
Provided, that he may resign at any time so long as he does not join any other political party within one year immediately preceding or
following an election. Any elected oꟀ�cial who violates this provision shall lose his seat, barred from being appointed to a public
oꟀ�ce, and prohibited from running in the next election.
(2) Political parties shall have party whips to enforce party discipline. Opposition parties are required to form a shadow government
in Parliament to ensure that they are ready to take over in the event of a change of government.

Section 14. The Parliament shall by law provide state subsidy to registered political parties on the basis of their electoral
performance in the previous election: Provided, that all funds released shall be subject to audit by the Federal Commission on Audit.
Political parties shall publicly account for the sources and use of their funds and assets.

Section 15. Political dynasties shall be prohibited as follows:


(Provisions for federal, regional, and local candidates within the 2nd degree on consanguinity or aꟀ�nity including the spouse, and for
settlement of disputes are listed here.)

[ Back to top ]

Article X: Regional and Local Governments

Number of regions
RBH 8 lists down the 18 regions of the proposed Federal State. It can be revised by federal law
and confirmed by affected people through a plebiscite. (The list of regions is also specified in
Section 2 of Article II, under the Declaration of Federal State Principles and Policies.)

PDP­Laban's draft charter does not specify composition of the regions. But the institute's
executive summary proposes 11 regions, "the composition of which shall be attached as an
ordinance to the Constitution." (The Bangsamoro and Cordillera would immediately qualify as
regions.) Changes to their composition should be in accordance with the local government
code and also go through a plebiscite. (READ: How many states should PH have under
federalism?)

In the House subcommittee proposal, there would be 5 states. They also use the term "state"
Hello!
instead of "region". Angry

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This is among the features of federalism its proponents are pushing forward: decentralizing
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government and granting the regions autonomy to conduct their affairs.


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Section 7. Unless
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further eighteen (18) click 㸸�nd out
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PDP-Laban

Section 6. (1) [...] The Bangsamoro and Cordillera shall immediately qualify as regions.

(2) The territories and boundaries of the regions shall be as listed and described in an ordinance which shall be an integral part of the
Constitution. [...]

House subcommittee

The country would be divided into the following states:


The State of Luzon
The State of Visayas
The State of Mindanao
The State of the Bangsamoro
The State of Metro Manila, which is also the seat of the Federal Government

Scope of regional laws
The proposed drafts set the coverage of laws to be passed by regional legislatures. These are
mostly on local matters related to their jurisdictions, like tourism, irrigation, and development
planning.

The PDP­Laban and House proposals also describe concurrent powers between the federal
and regional governments.

RBH 8

Section 21. The Regional Assembly shall have the authority to legislate on areas that are not exclusively reserved to the Federal
Congress, such as, but not limited to:
(a) Public health, sanitation, hospitals, dispensaries and drug rehabilitation institutions and facilities, excepting those established by
the Federal Congress or which it may establish in any part of the region. At least one-fourth (1/4) of the share of the region from the
revenues of the Federal Government shall be set aside to fund a universal health program for the bene㸸�t of the Regional population;
(b) Agriculture, agricultural lands including the sale, lease, use and management of pasture lands, excepting lands covered by the
Comprehensive Agrarian Reform Program and those that have previously been proclaimed as reservations for any purpose under the
provisions of the Federal Constitution and existing laws;
(c) Land use and development, including urban land reform excepting land previously proclaimed as reservations for any purpose by
the Federal Government;
(d) Cadastral or land surveys of any kind; Hello!
Angry
(e) Taxes and duties, except those that are reserved to the Federal Congress, on all kinds of agricultural income, businesses of all
types, the general consumption and distribution of electricity, oil, gas and other energy products, luxuries, entertainments and

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amusements;
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Member
from the
low tide of the provinces, cities and municipalities that are under the jurisdiction of the local governments under the Local

Government Code;
(g) Public works
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corporations;
(i) Trade, industry and tourism;
(j) Trade relations that Regions may establish with other countries, upon prior notice to the President, shall not include conventional
I ACCEPT
armaments, bullets or missiles of any type or nuclear, biological or chemical materials, weapons or materials, any war material, toxic,
noxious or poisonous materials or resources that in the national interest are declared non-commercial and may not be bought from
or traded with other nations;
(k) Bankruptcy and insolvency;
(l) Trust and trustees;
(m) Compelling the attendance of Region, its Regional and local government oꟀ�cials, or persons doing business in the Region and
their giving testimony, evidence or producing documents before the Regional Assembly or any of its committees. [...]
(n) Payment of the share of the Region of the national public debt that was used to fund projects or programs for the development of
the nation as determined by the Federal Government;
(o) Courts for the governance according to the customs and traditions of the indigenous populations of the Regions. […]
(p) The salaries, emoluments, allowances and the like of all oꟀ�cials and employees of the Regions
(q) Penalizing offenses against matters that are lodged within the jurisdiction of the Regions;
(r) Police with jurisdiction over crimes or offenses committed within the boundaries of individual Regions;
(s) Total ban or regulation on gambling activities;
(t) Local prisons, reformatories, and the likes;
(u) Transfer from one Region to another of persons under investigation, accused of crimes or detention or convicted prisoners;
(v) Wild animals, birds, and other endangered species;
(w) Mines, mineral resources, gas, gas-works excepting those located within ancestral domains as de㸸�ned under existing legislation
and those that are covered by acts of the Federal Congress;
(x) Water, water supplies, irrigation and canals and water power arising from and used within thee boundaries of a Region;
(y) Economic and social planning;
(z) Social security and social insurance, employment and unemployment, pension plans, social welfare including relief and
rehabilitation of internally displaced persons and places affected by natural or man-made calamities, and the establishment of
hospices, refuge facilities, adoption of centers and the likes;
(aa) Cooperatives, micro㸸�nance or micro-credit and money-lending activities;
(bb) Weight and measures;
(cc) Price control;
(dd) Labor and employment;
(ee) Science and technology;
(ff) Free education from pre-school, primary and elementary schools, and subsidized colleges and universities;
(gg) Libraries, museums, ancient and historical monuments, and records other than those covered by existing legislations;
(hh) Charities and charitable institutions;
(ii) Registration of marriages, births, and deaths;
(jj) Pilgrimages to places outside of the Federal State;
(kk) Totally prohibiting or regulating the production, manufacture, transport and sale of tobacco, cigarettes or other tobacco products,
beer, wine or alcoholic beverages or intoxicating liquor including labels thereof; and
(ll) The general welfare of the people of the Regions subject only to the prohibitions provided for under this Constitution or by federal
laws.

PDP-Laban

Section 26. Each region shall have exclusive legislative powers applicable within the territorial jurisdiction of the region over the
following: Hello!
Angry
(1) Create its own sources of regional revenues and to levy taxes, fees and charges subject to the limits of this Constitution and
consistent with the basic policy of regional autonomy. Such taxes, fees, and charges shall accrue exclusively to the region, provided

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that regional legislation shall not diminish the federal revenue collection and the revenue measure shall be uniform, equitable, and

progressive;
(2) Social welfare and development;
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(3) Tourism;
(4) Irrigation,
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protection;
(7) Regional development planning;
(8) Franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and
I ACCEPT
communications facilities whose frequencies are con㸸�ned to and whose main oꟀ�ces are located within the region;
(9) Legislation to allocate and provide funds and resources from the regional government to the competent local governments within
each region. [...]

Section 27. Within its territorial jurisdiction and subject to the provisions of this Constitution and federal laws, the regional
governments shall have concurrent or shared legislative powers within the federal government in the enactment of legislation not
covered in Section 20 and Section 26 of this article except when the Parliament has enacted legislation in the exercise of such
concurrent powers. Federal law shall take precedence and prevail over regional legislation on items covered by concurrent legislative
powers. [...]

House subcommittee

Each state shall have legislative powers over the following:


State and local elections
State civil service
State justice
Public transportation and public utilities
State socio-economic planning
State 㸸�nance
State aid to local governments
Agriculture and 㸸�sheries
Forestry
Environmental and natural resources
Industrial development
Mining
Waterworks
Administration and enforcements of state laws and programs
Basic and secondary education and state higher education
Cultural development
Regional and local language development
Police and law and order
State public works
Games and amusement, and
Marriage

The following areas shall be the concurrent powers of the federal government and the states:
Administration and enforcement of federal laws and programs
Health
Education (Federal standard for and regulation of higher education; standard-setting for and assistance to basic and
secondary education)
Social security
Social welfare Hello!
Cultural development Angry
Sports development

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Research and development for agriculture, forestry, 㸸�sheries, environment and natural resources, industrial development and
 mining
Establishment, management and maintenance of penitentiaries
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Environmental and ecological protection
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Tourism
Ancestral domain
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Population management
Labor and trade unions
Science and technology
Common infrastructure – national power grid; roads, highways, airports, seaports, railway
To charter cities and create municipalities

Regional Governor/Chief Minister
In RBH 8, the Regional Governor and Vice Governor would be directly elected. In the PDP­
Laban and House proposals, the regional chief executive would be the Chief Minister or
Premier, chosen by the Regional or State Assembly.

RBH 8

Section 8. Regional executive power shall be vested in the Regional Governor, who shall be elected by direct vote of the people in all
the LGUs comprising the Region.

Section 9. No person may be elected Regional Governor unless he is a natural born citizen, a registered voter of any province, city,
municipality or barangay within the Region, able to read and write, at least thirty (30) years of age on the day of the election, and a
resident of the Region for at least 㸸�ve years immediately preceding such election. By a subsequent regional law, a higher educational
requirement may be required for the position of Regional Governor.

[...] Section 11. There shall be a Regional Vice Governor who shall have the same quali㸸�cations as the Regional Governor.

Section 12. The Regional Governor and Regional Vice Governor shall be elected by direct vote for a term of six years, which shall
begin at noon of June 30 next following the day of their elections. The Regional Governor shall not be eligible for reelection to the
same position. No person who has succeeded as Regional Governor and has served as such for more than four years shall be
quali㸸�ed for election to the same oꟀ�ce at any time.

No Regional Vice Governor shall serve for more than two consecutive terms. [...]

PDP-Laban

Section 32. The Organic Act shall include the establishment of the regional executive department for the region. Executive power
shall be exercised by a Chief Minister elected by the majority of all the members of the Regional Assembly as provided in the
preceding paragraph. The Chief Minister shall have the power to appoint regional Cabinet members and other regional government
positions as may be provided in the Organic Act.

Hello!
House subcommittee
Angry

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Each state shall have a Premier (misspelled as Premiere in the House notes) who shall exercise the executive power of the
 state government.
The Premier shall be elected by the majority of all the members of the State Assembly.
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The Premier shall have the power to appoint state Cabinet members and other state government positions as may be
provided
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Regional/State Assembly
In RBH 8, the Regional Governor would appoint members of the Regional Assembly from
among the nominated members of legislative bodies (board members or councilors) of each
province or major city. The Governor would also initially appoint 3 sectoral members from
marginalized groups to join the Assembly.

However, in the PDP­Laban and House proposals, members of the Regional/State Assemblies
would be directly elected from the LGUs.

RBH 8

Section 18. (1) All Regions shall have a unicameral legislature to be known as the Regional Assembly, who shall be composed of
three Assembly members from each province, and, if any, from the highly-urbanized independent city, independent city or
independent municipality, within the territorial boundaries of the Region.

(2) Unless otherwise provided by a regional law, the Assembly Members shall be nominated by the respective local legislative body
from among its members and appointed by the Regional Governor. In this regard, the local legislative body shall make the nomination
during the opening of its 㸸�rst session. At least 㸸�ve members shall be nominated and submitted to the Regional Governor.

(3) In addition, at least three sectoral members of the Regional Assembly shall be chosen in a manner to be provided by a regional
law. Until such a time that a law is provided, the three sectoral members shall be appointed by the Regional Governor from sectors
representing labor, peasant, farming, 㸸�sheries, senior citizens and other marginalized groups in the Region.

PDP-Laban

Section 31. The Organic Act shall include the establishment of a Regional Assembly as the regional legislative department which
shall be composed of two representatives directly elected from each province and one representative directly elected from each
highly urbanized or independent cities. The Regional Assembly shall exercise the legislative power of the regional government as
provided by the Constitution, the Organic Law, and the law.

House subcommittee

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 highly urbanized or independent city.

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Sharing of taxes between national, regional govt's Angry

The draft constitutions amend the shares of tax revenue going to the federal and regional
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The draft constitutions amend the shares of tax revenue going to the federal and regional
governments.
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
PDP­Laban's draft leaves the percentages blank, but in its executive summary, it says that
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under its formula, 60% of national government revenue would be controlled by the regions
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and the remaining 40% by the federal government. Both charters also mandate the creation of
a National Finance Commission and an equalization fund as a "block grant" for the regions.
I ACCEPT

RBH 8

Section 22. [...] (2) Until the Federal Congress provides otherwise, the sharing of taxes between the National Government (now
Federal Government) and the LGUs as stated in the Local Government Code of 1991 is hereby amended, as follows:
(a) The taxes mentioned in the Local Government Code of 1991 shall include all revenues and taxes imposed or collected by the
Federal Government;
(b) All revenues and taxes collected by the LGUs or by the agencies of the Federal Government in accordance with the Local
Government Code of 1991 shall be divided in the following manner: twenty percent (20%) shall accrue to the Federal Government and
eighty percent (80%) to the Regions
(c) Of the share accruing to the Regions, thirty percent (30%) shall pertain to the Region concerned and seventy percent (70%) shall
be apportioned among the provinces, cities, municipalities and barangay according to the formula stated in the Local Government
Code of 1991;
(d) The LGUs which collect the revenues and taxes referred to above shall have the right to retain their shares as above indicated.

PDP-Laban

Section 12. (1) The regional government shall have a just share, as determined by federal law, in the national federal taxes and
revenues which shall be automatically released to them provided that the share of regional governments shall not be less than _____
percent (_____%) of all national taxes and revenues.

(2) In addition, speci㸸�c national taxes collected within the territorial jurisdiction of each region shall be retained by and shall accrue
exclusively to the regional government

(3) As determined by law. The Parliament shall, by law, institute a fair and equitable system of sharing and equalization between the
regions, provided that the share of regional governments shall be adjusted in accordance with the needs and capacity of a region. [...]

[...] Section 14. [...] The Regional and Local Government Code shall provide for an equalization fund and the creation of a National
Finance Commission. The fund shall comprise of an unconditional, general purpose block grant as well as a conditional and
matching grants as an incentive for regional governments to pursue federal priorities.

The Finance Commission shall be composed of a chairperson and four members who shall be recognized experts in 㸸�nance, budget,
and public administration. They shall be appointed by the President for a term of three (3) years. The commission shall, after
consultation with the regions, submit a report and recommendation to Parliament on how the equalization fund shall be allocated.

Section 15. In addition to the equalization grant, regional governments shall be entitled to at least 㸸�fty percent (50%) share in the
proceeds of the utilization and development of the national wealth such as mining, hydro and geothermal, forestry, 㸸�sheries, pasture
leases within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct
bene㸸�ts. The allocation of these revenues among different constituent units of the regional government shall be determined under
the regional and local government code as herein provided.

House subcommittee
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State and local governments shall have a just share in the national federal taxes and revenues which shall be automatically
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released to them, provided that the share of state governments shall not be less than 60% of all national taxes and revenues.

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As provided in the State and Local Government Code, there shall be an equalization fund which shall comprise an
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unconditional, general purpose block grant and conditional and matching grants as an incentive PLUS
for state Member
governments.
A National Finance Commission composed of a chairperson and 4 members appointed by the President shall be created to
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recommend the allocation of the equalization fund.
State
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customize least 50% in the proceeds of the utilization and development of the national wealth
experience
including sharing the same with the inhabitants by way of direct bene㸸�ts.
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Tr a n s i t i o n :   R e g i o n a l / S t a t e   C o m m i s s i o n s   a n d   O r g a n i c   A c t s
In the PDP­Laban and House proposals, the Parliament should enact a new Regional and
Local Government Code within 18 months from ratification of the Constitution.

Meanwhile, there would be an interim government called a Regional or State Commission that
would exist until the region is completely organized through an organic act or a state
constitution.

For a minimum of 5 years (with PDP­Laban's executive summary of its draft charter saying up
to 10 years), the incumbent governors and mayors of a region would serve as a collegial body,
exercising executive and legislative powers, as well as drafting the organic act/state
constitution that would be submitted to Parliament.

New governors and lawmakers would be elected in accordance with the organic act/state
constitution.

PDP-Laban

Section 13. Within a period of eighteen (18) months from the rati㸸�cation of the Constitution unless extended by the President with
the concurrence of the Parliament voting separately, the Parliament shall enact a comprehensive Regional and Local Government
Code which shall, among others, de㸸�ne the powers, structure, functions, and responsibilities of the regional government as well as its
accountabilities in relation to the federal government including devolution mechanisms and funding support. The Code shall continue
to strengthen a more responsive and accountable local government structure for an effective local autonomy. The Code shall provide
for the organizational structure and operations of the Regional Commission created under part C of this article as well as the
transitory mechanisms to an elected regional government under the Organic Act. [...]

Section 14. The terms of oꟀ�ce of elective regional and local oꟀ�cials, except barangay oꟀ�cials, which shall be provided by law, shall
be 㸸�ve (5) years and no such oꟀ�cial shall serve for more than two (2) consecutive terms. Voluntary renunciation of the oꟀ�ce for any
length of time shall not be considered an interruption in the continuity of his service for the full term for which he was elected.

[...] Section 24. Powers and functions of the federal government shall be devolved and transferred to regional governments
depending on the competence, capacity and resources of the regions. The Prime Minister and Cabinet ministers in coordination with
the Senate and the regional governments, shall determine the powers and functions that may be further devolved and transferred to
the regional governments. [...]
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[...] Section 28. Upon creation of a region and enactment of a Regional and Local Government Code, a Regional Commission Angry
("Commission") for each region shall be organized and be composed of the incumbent governors of provinces and mayors of highly

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urbanized cities and independent component cities within the region. Until the enactment of an Organic Act for each region in

accordance with Sections 24 to 28 of this article, the Regional Commission shall be the interim Be
collegial body, with executive and legislative powers subject to following:
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regional PLUS Member
government, acting as a

(a) Chairmanship of the Commission shall be by succession and rotation among its members where each member of the
Commission
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each province, highly urbanized
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user and independent component cities shall be given a term of one year to serve
as chairperson;
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shall elect a Regionalclick 㸸�nd out
Chief Administrator who shall be a professional manager to exercise the executive functions of the Commission and act as the chief
executive oꟀ�cial of the region. [...]
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(c) The Commission shall exercise the legislative powers granted by the constitution to regional governments. The Commission shall
initiate and enact legislation. The Commission shall be assisted by a Regional Consultative Assembly composed of three (3)
representatives from each of the legislative assemblies of each province, highly urbanized city and independent component cities.
[...]

Section 29. After a minimum period of 㸸�ve years after the organization of the Regional Commission, and upon two-third (2/3)
majority vote by the Commission and the Regional Consultative Assembly, voting separately, or by regional people's initiative as
determined by law within a speci㸸�c region, the Regional Commission may submit to Parliament an Organic Act more responsive to
the speci㸸�c needs, culture, and aspirations of the people within the region. The Parliament shall deliberate and enact the Organic Act
based on the proposal of the Regional Commission subject to the competence, capacity, and resources of the region and consistent
with the Constitution.

Section 30. The Organic Act shall de㸸�ne the basic structure of government for the region consisting of the executive and legislative
departments, both of which shall be elective and representative of the constituent political units: Provided, that the powers and
functions of the regional commission shall be transferred to and assumed by the regional government as de㸸�ned and created under
the Organic Act. [...]

House subcommittee

The Parliament shall enact a comprehensive State and Local Government Code (SLGC).
The terms of oꟀ�ce of elective state and local oꟀ�cials, which shall be provided by law, shall be 5 years. No such oꟀ�cial shall
serve for more than two consecutive terms.
The Federal Government shall gradually devolve and decentralize funding, functions and responsibilities in accordance with
㸸�nancial and organizational capacity of States.
Each State Commission shall propose an Organic Act to be enacted by the Parliament to form State Governments composed
of elective legislative and executive departments.
Upon enactment of the SLGC, a State Commission for each and within the State shall be organized, composed of incumbent
governors of provinces and mayors of highly urbanized and independent component cities.
The Commission shall be the interim state government acting as a collegial body, with executive and legislative 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, exercise its executive functions, and act as the chief
executive oꟀ�cial of the state.
The Commission shall appoint state government positions.
In exercising legislative power, the Commission shall be assisted by a State Consultative Assembly composed of 3
representatives from each of the legislative assemblies of each province, highly urbanized city and independent component
city.
After a minimum period of 5 years after organization of the Commission, it shall propose and submit to Parliament a State
Constitution, which should be approved either by the Commission and the State Consultative Assembly voting separately or
via people's initiative.
The Parliament shall enact the State Constitution based on the competence, capacity and resources of the State and
consistent with the Federal Constitution.

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[ Back to top ]
Article XI: Accountability of Public Officers
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Sandiganbayan, Ombudsman

In RBH 8, the Sandiganbayan would be reorganized, with each of its current 7 divisions
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
distributed among 6 regions. Provisions concerning the anti­graft court were placed under
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Article VIII or the judicial branch.
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In the PDP­Laban draft, the Sandiganbayan and the Office of the Ombudsman would remain
I ACCEPT
in their current form. But in a House subcommittee hearing on charter change, the
Ombudsman's office is proposed to be abolished. The panel argues that its role "could be
absorbed by the Department of Justice".

RBH 8

ARTICLE VIII

Section 7. The Sandiganbayan shall continue to exercise its powers and discharge its functions as the graft court. Upon rati㸸�cation of
this Constitution, the existing seven Divisions of the Sandiganbayan shall be reorganized and distributed in the National Capital
Region, Calabarzon, Central Luzon Region, Central Visayas, Bicol Region, and Davao Region. Their territorial jurisdiction shall be
de㸸�ned by the Supreme Court. As the need arises, the Supreme Court may create additional graft courts in other Regions.

ARTICLE XI

[...] Section 4. The independent OꟀ�ce of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall
Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao and a separate Deputy for the military establishment shall
continue to function and exercise its jurisdiction.

PDP-Laban

(same as in 1987 Constitution)

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or
hereafter may be provided by law.

Section 5. There is hereby created the independent OꟀ�ce of the Ombudsman, composed of the Ombudsman to be known as
Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military
establishment may likewise be appointed

House subcommittee

The Sandiganbayan shall continue to function and exercise its jurisdiction as provided under the 1987 Constitution and other
pertinent laws.
The OꟀ�ce of the Ombudsman shall continue to function. (The subcommittee erroneously referred to it as the "anti-graft
court", which is the Sandiganbayan.) Its composition, powers and functions are retained.

'Faster' impeachment process in the House
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Angry
The drafts in RBH 8 and by PDP­Laban shorten the processing of an impeachment complaint
at the House of Representatives or Federal Assembly.
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RBH 8
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
Section 3. [...] (2) A veri㸸�ed complaint for impeachment may be 㸸�led by any Member of the House of Representatives or by any
citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within 㸸�ve (5)
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session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority
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further together with
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the corresponding resolution. The resolution shall be calendared for consideration by the House within 㸸�ve (5) session days from
receipt thereof.
I ACCEPT
PDP-Laban

Section 3. [...] (2) A veri㸸�ed complaint for impeachment may be 㸸�led by any Member of the Federal Assembly or by any citizen upon a
resolution of endorsement by any Member thereof, which shall be included in the Order of Business within seven (7) session days,
and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all
its Members, shall submit its report to the Federal Assembly within thirty (30) session days from such referral, together with the
corresponding resolution. The resolution shall be calendared for consideration by the Federal Assembly within 㸸�ve (5) session days
from receipt thereof.

[ Back to top ]
Article XII: National Economy and Patrimony

Foreign ownership rules
Under RBH 8, the limitations on foreign ownership of corporations, public utilities,
educational institutions (or the “60­40 rule"), as well as of media and advertising entities
would remain, but could be overruled by laws.

But in the PDP­Laban and House proposals, the "60­40" rule and other similar provisions
would be removed altogether, leaving it up to Congress/Parliament to decide on the matter.
However, two House subcommittee summaries conflict with each other when it comes to
ownership of mass media and advertising firms.

RBH 8

Section 2. [...] The exploration, development, and utilization of natural resources shall be under the full control and supervision of the
State. The Federal State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such
citizens, unless otherwise provided by a federal law. [...]

Section 3. Lands of the public domain are classi㸸�ed into agricultural, forest or timber, mineral lands, and national parks. Agricultural
lands of the public domain may be further classi㸸�ed by law according to the uses which they may be devoted. Alienable lands of the
public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the
public domain except by lease. Unless otherwise provided by a Regional law, the lease shall not exceed twenty-㸸�ve years, renewable
for not more than twenty-㸸�ve years, and not to exceed one thousand hectares in area. [...]

[...] Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates,
reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such
citizens, or such higher percentage as Congress may prescribe,Hello!
certain areas of investments, unless otherwise provided by law. The
Angry
Federal Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned
by Filipinos. [...]

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Section 11. No franchise, certi㸸�cate, or any other form of authorization for the operation of a public RapplershallPLUS Member
be granted except to
citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least sixty per centum of

whose capital is owned by such citizens, unless otherwise provided by law, nor shall such franchise, certi㸸�cate, or authorization be
exclusive
Rapplerinusescharacter or for a to
cookies longer period thanuser
customize 㸸�fty years. [...] Unless otherwise provided by law, the participation of foreign
experience
investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the
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executive use, youoꟀ�cers
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of the For further information, click 㸸�nd out
Philippines.

[...] Section 14. [...] The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by
I ACCEPT
law.

ARTICLE XIII

[...] Section 20. [...] (2) Educational institutions, other than those established by religious groups and mission boards, shall be owned
solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such
citizens, unless otherwise provided by a federal law. The Congress may, however, require increased Filipino equity participation in all
educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines, unless otherwise provided by
a federal law.

ARTICLE XIV

[...] Section 11. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations,
cooperatives or associations, wholly-owned and managed by such citizens, unless otherwise provided by a federal law. [...]

(2) [...] Only Filipino citizens or corporations or associations at least seventy per centum 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 by law, the participation of foreign 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 oꟀ�cers of such entities must be
citizens of the Philippines.

PDP-Laban

Section 2. [...] The exploration, development, and utilization of natural resources toward sustainable development, including
conservation, protection and enhancement of the environment shall be under the full control and supervision of the State. The State
may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements under such
terms and conditions as may be provided by law. [...]

Section 3. Lands of the public domain are classi㸸�ed into agricultural lands, reclaimed lands, forest or timber lands, mineral lands, and
national parks. Agricultural lands of the public domain may be further classi㸸�ed by law according to the uses which they may be
devoted. (The remaining paragraphs would be deleted.)

[...] Section 5. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in
accordance with its national goals and priorities.

* Section 11 in the 1987 Constitution, referring to ownership of public utilities, would be deleted.

* The last paragraph of Section 14, referring to the practice of professions only by Filipino citizens, would be deleted.

Hello! of educational institutions, would be deleted.


* Subsections (2) to (4) of Section 4 of Article XIV, referring to ownership
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* The 㸸�rst paragraph of Subsection (1) of Section 11 of Article XVI, referring to ownership and management of mass media, would be

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deleted.
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* The last two paragraphs of Subsection (2) of Section 11 of Article XVI, referring to ownership of advertising companies, would be

deleted.
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House subcommittee
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Subcommittee #4's summary:
New proposals deleted the limits on foreign equity sharing in the areas of:
I ACCEPT Exploitation, development and utilization of natural resources
Ownership/Lease of alienable lands
Franchises on public utilities
Practice of profession
Ownership of educational institutions
Mass media
Advertising
The matter of equity sharing and the terms involving joint ventures and other undertakings in the areas above shall be
determined by Congress through legislation. The new proposal effectively provides for an open economy.
A phrase would also be added in Section 13 saying the State shall "enhance economic eꟀ�ciency and promote free
competition in trade, industry and commercial activities."

Subcommittee #3's summary (under Article XVI or General Provisions):


The ownership of management of mass media shall be limited to Filipinos, or to corporations/cooperatives/associations
wholly owned and managed by such citizens, unless otherwise provided by a federal law.
Only Filipino citizens or corporations or associations at least 70% of the capital of which is owned by such citizens shall be
allowed to engage in the advertising industry, unless otherwise provided by federal law.
Unless otherwise provided by federal law, the participation of foreign investors in the governing body of entities in the
advertising industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing
oꟀ�cers of such entities must be Filipino.

RBH 8: Bigger BSP Monetary Board
In the draft in RBH 8, the composition of the Monetary Board, which governs the Bangko
Sentral ng Pilipinas (BSP), would be expanded to include regional representatives. The
current set­up of BSP is retained in the other proposals.

RBH 8

Section 20. The Federal Congress shall establish an independent central monetary authority, the members of whose governing board
must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private
sector with a representative from each Region. They shall also be subject to such other quali㸸�cations and disabilities as may be
prescribed by law. [...]

PDP-Laban

Section 13. Unless Parliament otherwise provides, the Bangko Sentral ng Pilipinas, operating under existing laws, shall function as
the central monetary authority.
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The Bangko Sentral ng Pilipinas shall continue to function as a central monetary authority.

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
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A r t i c l e s   X I I I   t o   X V:   S o c i a l   J u s t i c e   ­   F a m i l y
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RBH 8

* Articles XIII (various areas from Social Justice to Human Rights), XIV (Education, Science and Technology, Arts, Culture, and Sports)
I ACCEPT
and XV (The Family) would be merged into one, under Article XIII (Federal State and Regional Priorities). The numbering of
succeeding articles would adjust accordingly.

PDP-Laban

* Multiple subsections and paragraphs on the Labor, Agrarian and Natural Resources, and Urban Land Reform and Housing subtitles
in Article XIII were narrowed down into one section each.

[...] Section 6. The federal and regional governments shall adopt an integrated and a universal health care program and a
comprehensive approach to health development and make food, basic commodities, medicines, drugs, health and other social
services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly,
disabled, women, and children. The federal and regional governments shall provide free medical care to indigents and those living
below the poverty line as de㸸�ned by law.

* Articles XIV and XV were retained, except for some amendments on CHR under the Human Rights subtitle, and ownership of
educational institutions under the Education subtitle.

House subcommittee

Articles XIII, XIV and XV would be deleted, and incorporated in Article II (State Policies) instead.
Under the Health subtitle, federal and regional governments would be additionally mandated to:
Adopt an integrated and universal health care program
Make food, basic commodities, medicines, drugs, health and other social services available to all people at affordable
cost
Provide free medical care to indigents and those living below the poverty line, as de㸸�ned by law

[ Back to top ]
Article XVI: General Provisions

Authority over police
In RBH 8, the authority over local police units would be vested in regional governors, from
local executives in general under the 1987 Constitution.

In the PDP­Laban draft and House proposal, the police would be placed under the Prime
Minister, but they differ on which local executives would have authority over local police
units.

RBH 8
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Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be
administered and controlled by a national police commission. The authority of Regional Governors over the police units in their
jurisdiction shall be provided by law.
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Section 6. The State shall establish and maintain one police force, which shall be 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
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member provided that in times of national emergency, rebellion, lawless violence, and war, the President may exercise control ad
supervision
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the police to assist
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authority of local executives over the police units in their jurisdiction shall be provided by law.

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House subcommittee

The Federal Republic shall establish and maintain one police force, which shall be 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 ad 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.

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Article XVII: Amendments or Revisions

Separate voting by Congress on future amendments
The Senate and the House would be voting separately when Congress introduces changes to
the Constitution. This removes the vagueness of the 1987 Constitution on what rule to follow
regarding Charter Change proposals. Senators, who are outnumbered by House members,
have been pushing for separate voting in the current set­up.

RBH 8

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Federal Congress, upon a vote of three-fourths of all its Members, voting separately; or
(2) A constitutional convention.

PDP-Laban

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Parliament, upon a vote of three-fourths of all its Members, voting separately; or
(2) A constitutional convention.

House subcommittee

On the manner of voting by the House of Representatives and the Senate on any amendment to, or revision of, the
Constitution, a vote of 3/4ths of both houses in joint session assembled, voting separately.

RBH 8: Number of signatures for people's initiative, excluded topics
Hello!
In RBH 8, signatures needed for a people's initiative petition to change the Constitution Angry
should have at least 3% of voters from every region, not per congressional district. The PDP­
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4/10/2019 Changing the Constitution: What are being proposed so far

Laban draft retains the provision in the 1987 Constitution.
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A new section states that amendments concerning the integrity of the national territory, as
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well as the republican form of government, could not be subjected to any amendment.
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RBH 8

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at
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least twelve per centum of the total number of registered voters, of which every Region must be represented by at least three per
centum of the registered voters therein. [...]

[...] Section 5. (a) No amendment or procedure shall be commenced or continued where the integrity of the national territory is placed
in jeopardy.

(b) The republican form of government shall not be the object of any amendment.

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A r t i c l e   X V I I I :   Tr a n s i t o r y   P r o v i s i o n s

As of this posting, PDP­Laban's draft constitution has yet to contain transitory provisions,
saying in a footnote that these are still "under study."

Meanwhile, there are differences over some transitory provisions in the House, crafted by
subcommittees 1 and 3.

Incumbent President, VP to stay until 2022
The first election for President (and for Vice President under RBH 8) under the draft charter
will be in May 2022. Their terms would begin in June 2022. This avoids a disruption of their
terms during the transition.

However, the two subcommittees offer different proposals on what would happen to the Vice
President upon ratification of the draft charter.

RBH 8

Section 5. The six-year term of the incumbent President and Vice-President elected in the 9 May 2016 elections shall end on noon of
June 30, 2022.

The 㸸�rst regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May
2022.

House subcommittee

The incumbent President would exercise all his powers Hello!


and functions until the election of the next President and Prime
Minister on the second Monday of May 2022.
Angry
The incumbent Vice President would either automatically become a member of the Interim Parliament (subcommittee #3) or
stay on as Vice President (subcommittee #1) until 2022.
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4/10/2019 Changing the Constitution: What are being proposed so far

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In RBH 8, as soon as the draft constitution is ratified by a majority of Filipinos, the current
Congress would be dissolved, and the President would exercise temporary legislative powers
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until the Federal Congress is convened after the 2019 elections.

But in the House proposal, there would be an interim Parliament, composed of incumbent
lawmakers who would serve until 2022.

In both cases, separation pay and benefits for affected Congress personnel are included.

RBH 8

Section 6. Upon rati㸸�cation of this Constitution, the present Congress shall be dissolved and the incumbent President shall continue
to exercise legislative powers until the 㸸�rst Federal Congress is convened.

Affected personnel of the Senate and the House of Representatives shall be entitled to separation pays in the amount of two-and-a-
half (2.5) months for every year of government service. This entitlement shall be in addition to the retirement and other bene㸸�ts
under the GSIS Law and other social legislations.

House subcommittee

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, composed of incumbent senators and representatives. It shall
continue to exist until all members of the regular Parliament shall have been elected and assumed oꟀ�ce.
The Parliament would elect an interim Prime Minister from among its members.
The President would appoint the new Cabinet from among the members of Parliament. He would have supervision and
direction over the interim Prime Minister and Cabinet. As proposed by subcommittee #3, the President could also dissolve the
interim Parliament, with the approval of the Federal Assembly.
Affected Congress personnel in both houses may choose to be reinstated, or be separated with entitlement to 2.5 months
separation pay for every year of service rendered plus retirement and other bene㸸�ts.

Next Senate, local elections
In RBH 8's draft charter, the first elections for Congress and for local positions would proceed
in May 2019.

But in the House proposal, the next polls for lawmakers and local officials are set for 2022.

Hello!
RBH 8
Angry

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4/10/2019 Changing the Constitution: What are being proposed so far

Section 1. The 㸸�rst elections of Members of the Congress of the Federal Republic of the Philippines and Regional Legislatures,

Regional Governors, Regional Vice Governors, and local elective oꟀ�cials under this ConstitutionBe
of May 2019. [...]
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the second Monday

Section
Rappler 2. Of the Senators
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elected under this
customize Constitution,
user experienceeighteen (18) Senators who obtained the lowest number of votes in
their respective Regions they were representing shall serve until noon of June 30, 2022. The rest shall serve until noon of June 30,
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2025.

Members of the House of Representatives and the Regional Legislatures, Regional Governors, Regional Vice Governors and local
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elective oꟀ�cials shall all serve until noon of June 30, 2022.

House subcommittee

The 㸸�rst election under a new Constitution shall be held on the second Monday of May 2022.
All elected oꟀ�cials, from the President and members of Parliament to local oꟀ�cials, will have a term of 5 years.
Party list seats would remain to be 㸸�lled in the 2022 polls in accordance with Republic Act 7941. But after that, the Parliament
would enact a new law on party-list or sectoral representation.

RBH 8: MMDA dissolved
In RBH 8, the MMDA would be dissolved in favor of the authority of the governor of the
National Capital Region as soon as he or she assumes office.

RBH 8

Section 7. The Metropolitan Manila Authority shall cease to exist upon the election and assumption to oꟀ�ce of the National Capital
Region (NCR) Governor. Affected employees will be absorbed by the oꟀ�ce of the NCR Governor.

RBH 8: Shorter time to clear court dockets
If RBH 8's draft constitution is ratified, all courts – not just the Supreme Court – would be
ordered to resolve within 6 months all cases that were pending before the effectivity of the
new charter.

RBH 8

Section 10. The Supreme Court, the Regional Court of Appeals and the Sandiganbayan shall, within six (6) months after the
rati㸸�cation of this Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the
Supreme Court or the lower courts prior to the effectivity of this Constitution. A similar plan shall be adopted for all special courts
and quasi-judicial bodies.

Hello!
RBH 8: No income tax for top federal officials, lawmakers Angry
In RBH 8, the President, Vice President, members of both houses of Congress and the
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4/10/2019 Changing the Constitution: What are being proposed so far

Supreme Court, and constitutional commission chiefs would be exempt from income tax.
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Meanwhile, regional executives and lawmakers would have equivalent pay grades as their
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counterparts in national government, but with income tax.
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But RBH 8 also says the Federal Congress can overturn this provision.
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RBH 8

Section 15. Until the Federal Congress provides otherwise, the President, Vice President, the President of the Senate, the Speaker of
the House of Representatives, the Chief Justice of the Supreme Court, the Senators, the Members of the House of Representatives,
the Associate Justices of the Supreme Court, and the Chairpersons of the Constitutional Commissions shall continue to receive the
annual salaries that they are presently receiving at the time of the rati㸸�cation of this Constitution, without any income tax deductions.

Until such time that a regional law is passed by the Region concerned, the Regional Governor, Regional Vice Governor and Members
of the Regional Legislatures shall receive the equivalent salary rates equivalent to the President, Vice President and Members of the
Federal Congress, respectively, but subject to income tax.

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