COMMITTEE ON CONSTITUTIONAL AMENDMENTS SubjCommittee 1 on the Review of Articles VI, VII & X of the 1987 Constitutio: ' | | SALIENT FEATURE} THE PROPOSED ee CONSTITUTION OF THE FEDERAL REPUBLIC OF THE PHILIPPINES ON THE FORM & STRUCTURE OF GOVERNMENT; STATES AND LOCAL GOVERNANCE. FORM OF GOVERNMENT ‘The Parliament '* The legislative power shall be vested in the Parliament of the Federal Republic of the Philippines which shall consist of the Federel Assembly, as the national Legislative Department, and the Senate, as the legislative ody representative of the regions. * The Federal Assembly shall be composed of not more than three hundred! menibers unless otherwise provided for by law. Eighty per ceatum (80%) of the rembers of the Federal Apsembly shall be elected by plurality votes where each single member legislative elegvoral district shall have one'() Seat in the Federal assembly, The remaining twenty per centum (20%) of the Members of the Federal Assembly shall be elected through a party-list system of registered federal or regional sectoral partids or organizations, The party-list representatives shall be elected at argh. They shall represent the marginalized sectors| of Philippine society which incliides Iabor, peasant, fisherfolk, urban poor, indigenous cultural commusities, elderly, handicapped, women, youth, veterans, overseas workers and seafarers. All sectors shall be’ représented by at least one party-list as shall be provided by law. * Each single member legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territoty. Each city with a population of at least three hundred fifty thousand (350,000) voters, or each province, shall have at least fone member of the Federal Assembly. * Bach of the districts shall be entitled to an arnual share in the state aad feder budgets for its infrastructure, as well as for the medical, educational and social services of if inabitants. Each member of the Senate and of the partyist shal | likewise be entitléd fo an amount not less than the allocation of a district from the state and federal [ for their constitutents wishin the region or nationwide. | | | |‘+ Bach State shall have a minimum of three seats in the: Senate. The senators rezeiving he three highest number of direct votes by registered voters in a region shall reoresent their region in the Senate, © The FEDERAL ASSEMBLY shall elect its Speaker and the Senats, its President, by a majority vote of all its respective Members. The Fecera| Assembly anc the Seaale shall each choose such other officers as it may deem necessiry ‘The President ‘© ‘The Prosient of the Philippincs shall be the hcad of state symbolizing the sovervignty of the people, and the unity and solidarity of the nation ! ‘+ The President shall be elected by direct vote of the people for a term of five years with one re-tlection, which shall begin at noon on the thirtieth day of June next following the day of the election and shall enc at/noon of the same date five yea thereafter. 4 © The powers of the President shal! include the following: © Oversight power over all branches cf government (egislative/executive, judiciary), consitutional bodies, independent bodies, departiaents, agencies ‘and offices of the government ‘Head of international relations and foreign affairs Commander-in-Chief of the Arraed Forces of the Philippines Appointing power Pardoning power Residual power | oocoo «The functions of the President shall inchide the Zollowing: Represent the country in all foreign relations j Ensue the sovereignty of the country lof the armend forces Enter into tfeaties Appoint the following officials i © Methbers of the Judiciary including justices of the Supreme Court, Federal Supreme Court, Sandiganbayan, Court of Appeals, Court of Tax Appeals and all other judges of the lower courts «= Metnbers of the Constitutional and independent bodies * Officers of the Armed Forces of the Philippines from the rank of btigadier general or commodore * Foreign Affairs officials from the rank of Director IV | = Foreign Service Officers from the rank of deputy Ambassadors and uty Consuls, including spevial envoys ‘Parliament on the State of the Nation Address at the opening cf its on | Proc election of the Primé Minister © Grant reprieves, commutations, and pardons, as well as absolve fines and after conviction by final judgment, except in cases 7 ©0000 o 0 ge #t, or as otherwise provided in the Constitution I iAll powers, functions and limitations of the President of the Philippines under ninetzen eighty-seven (1987) constitution and the laws of the land which ere not hereia provided for or conferred upon by any oflicial shall be deemed, and hereby, vested in the prime minister, ualess otherwise provided by the constitution. ‘The Prime Minister and the Cabinet ‘Traisitory Provisions; | | ‘The head of government shall be, the Prime ea ‘The Prime Minister and the Cabinet shall constitute the government and exercise executive povier. | ‘Vhe Prime Minister shall be elected by a majority of all the members of the Parliament from among themselves. ‘The functions pf the Prime Minister shall include the following: @ Preparg the program of government co Prepard the annual budget of the Federal Republic © Execute all laws, lawful orders and decisions of the Federal Supreme Court o Enter into contracts, including loans, on behalf of the goverament The Prime Minister shell appoint all heads of executive offices, including cabine: members and the police officials form the rank of Police Director. The Merabers of the Cabinet may be removed at the discretion of the Prime Minister. The Prirae Minister or any member of the Cabinet may resign from the Cabinet for any cause without vacating his seat in parliament, ‘The first election under this Constitution shall be beta ‘on the second Monday of May 2022, Following the poption of this Constitution, the prisent Congress shall be dissolved. The | Senate and the House of Representatives shall be replaced by an inferim Parliament that shall exist immediately and! shall continue until the members of the regular Parliament shall have | been elected and lassurhed office, ‘The Members of the inferim Parliament shall be the incumbent Membsrs of the Senate snd the House of Representatives and by appointment of the President, the Memiers of the Cabinet with portfolio ‘The interim Prime|Minister shall be elected by a majority vote of all the Members of Parliament. He shall be a Member of the Cabinet. i ‘The incumbent President shall exercise all the| powers and functions of the head of state and head of government under this Federal Constitution until the election of the next President and Prime Minister jn May 2022. He shall appoint the new Cabinet from among the Members of Parliament. He shall have supervision and|direction over the interim Prime Minister and | Cabinet. |‘© The first regular elections for the President of the Federal Republic of th: Philippines shell be held on the second Monday of May 2022. He shall be elected by direct vote of the people for aterm of five (5) years «The Vice-President shall continue until 2022 to execc se her powers and prerogatives President under the 1987 Constitution. 5 View ‘The seats allocsted to party-list representative: Republic Act No. 7941!or the Pafty-list S shall be filled by election in accordance with tem for|the May 2022 nations! elections. Thereafter, Parliament shall enact a) law on party-list or sectoral representation, wader tais Constitution. | STRUCTURE OF THE REPUBLIC Federal Government And The States Hl General Provisions «The States shall not signify the establishment of a distinct sovereignty and the stares shall remain integral and inseparable parts of the country. States oF local governments or any of its territory shall not secede from the Federal republic and any act of sezession shall be dealt with under Federal laws. ‘© Local Governments shall not form a new and separate state unless the Constitution is amended or revised. + Province, highly urbanized city, or independent component cities may transfiar or merge with the states contiguously located to their territorial boundaries, subject to the approval by majority of the votes cast in a plebiscite in the direcily affected province or highly urbanized | sity and in a plebiscite inthe sae where the sig! provine or highly wibaines merging, | | + The Federal S al Court shall resolve any cobflict between Federal Parliament end State Assemblies. | | | | Powers and Functions of Federal Government and States «© The Federal teens shall have exclusive legislitive powers over the following: National defense and security; Foreign affairs; Currency, money and coinage;! Trede and commerce with other countries and among states: Customs ; i Borrowing money on public credit of the federation; Immigration and citizenship; 8. National territory ; | 9. Transportation, postal service and telecommunications; | 10. Intelldetual property rights; 1. National finance ~ taxation, budget and audit | 12 logy , standards of welghts and measures; and time regulation; | 13, Federpl aid to stares; and 14. Census, surveys and statistics ‘As proposed by Reps. Eugene Michael De Vera and Aurcio “Doog"Gonzales contained ia BH 08.* The Federal Government, through the Prime Ministe. shall exercise general smpezvision over the state governments, ‘Each state shall have exclusive legislative powers over the following: State and local elections; 1 2, State civil service; 3, | State justice; 4 | Public transportation and public utilities! 5. State socio economig planning; 6 | State finance; 7. _| State aid to local governments: 8, | Agriculture and fisheries; 9, | Forestry; 10. | Environrment and natural resources; HL. | Industrial development; 12. | Mining; 13. | Waterwarks; 16. Cultural development; 17. Regional and local language development; Police and Jaw and order, 19. State public works: 20. Games and amusement; and 21. Marriage ‘The following areas shall be the concurrent powers of the Federal government and the states’ 9 10. u 12, 13. 14. 15. 16. 17, 18, 19, 20, ‘Administration and enforcentent of Feder laws and progratis; Health; | Education |( Federal standard for and n:gulation of higher education; stondard setting for and assistance to basic and secondary education); Social security Social welfare; ! Cultural development; Sperts development; th and development for agriculture, forestry, fisheries, environment and natal resources, industrial development and mining: The establishment , management and maintenance of penitentiaties National language development; Publie safety/law enforcement; | Environmental and ecological proteetion; Energy; ‘ourism; Ancestral domain; | Population management, Labor and trade unions; Scignce and technology; Administration and enforcements of state laws and proyrams, 15, Basic and secondary education and state higher educa:ion; Col infrastructure ~ national power grid; roads, highways, airports, seaports | sailiway; To charterkities and create municipalities: | j | | |States ‘The basic political units of each state are the provinces, cities, municipal ties and barangays, Each State shall have its own State Constitution, adopt its name, and choose a eapitat, flag, anthem and sea). The territory. ote Federal Republiclare divided into the following states: (1) The State of Luzon; (2) The Sete of Visayas; (3) The Stdte of Mindana (4) The Stfte of The Bangsamorp: and | (5) The Stdte of Metro Manila which is also the scat pf the Federai Government The constitutioh of each State shall dfine the basic structure of goverurent for the state Each State shal! have a unicameral State Assembly which shail exercise the ‘egislative power of the stgte government. Each State Assembly shall be composed of two representatives directly elected from each province azd obe representative directly elected ‘from each higly urbanized or independent cities. | Each state shall have a Premiere who shall exercise the executive power of the state government. The premiere shall be elected by the majarity of all the members of the state assembly. The Premiere shall have the power to appo.nt state cabinet members and other state government positions as may be provided in the state organic act. The terms of office of elective state and local officials, which shall be provided by law, shall be five (5) years and no such official shall serve for rrore than two (2) ecnsecutive tert. Amendments of revisions in State organic aets shall only be effective upon approval of majority of the wotes cast in a state in a plebiscite. Each state shall organize, supervise and maintain thei: own police agencies to ensure the preservation of peace find order. State sever shall be held accountable by, ove others, the Federal Commission on Audit, Omb 1, Federal Civil Service Commission, and the courts to ensure atlequate state fiseal and accountability mechanisms. | State governments shall exercise general supervision over Local Governments. The state shalt exercise supervisiory authority directly over provinces, highly urbanized cities. and independent component cities; and through the provirce with respect to vornponent cities and | Rinance and Revenue Sharing AAs provided in the State and Local Government Cade, there shall be an eqpalization fud which shall coraprise an unconditional, general purpose block grant and concitional end matching grants as an incentive for state governments. & National Finance Commission composed of a chairperson and four members appointed by the president shell be created to recommend tht allocation of the equal State governess shall be entitled to at least fifty (500%) in the proceeds of the utilization and development of the pation ‘wealth including dharing the same with the inhabitents ty way of | direct benefits.’ | State governments and local governments shall have a just share in the ational Federal taxes and revenues whicl} shall be automatically sefeeod to them provided thar the share of st ‘governments shell ot be less than sixty percert (60%) of all nations! taxes and revenves. ation fund 1A fair and equitable system of sharing and equalization between the states and local governments shall be enacted by the Parliament provided thit the share of state governments shall be adjusted in accordance with the needs and capacity of a state," ‘Transitory Provisions State Autonomy ‘The process of establishing state gutonomy shall be us follows: 1. Within & period of eighteen (18) months ftom the ratification of the constitution, Parliament shall enact a comprehensive State and Local Government Code applicable symmetrically to all states. Upon its enactment a State Commission which shall act as the interim State Government shall be estzblished. 2. Federal] Government shall gradually devolve and decentralize functions and responsibilities fo states, 3. After a minimum period of five years after the organization of the state commission, and upon two-third (2/3) majority vote by the commission and the state consultative assembly, voting separa‘ely, or by state people’s initiative as determined by law within a specific state, the state commission shall propose an organic act to be enacted by the Parliament. State Commis Each State Commission, acting as the iy te government, shall be composed of the incumbent governors of provinces and [mayors of highly urbanized cities and indepencient ¢ompohent cities within the state. The State Coramission shall act as a collegial body with legislative ancl executive powers. i! Chairmanship of each state commnission shall be by succession and rotation among its members with a on¢-year term each. A State Chief Adshinistrator shall be elected by the Commission and exercise the executive functions of the commission and act as the chief executive officiel of the state, incumbent members of the Commission aro prohibited froma acting «ss the State Chief Administrator 1 State government positions are appointed by the Commission, It shall also create government offices and buresucracy. | In exercising legislative power, the Commission shall be ass ay a state consultative assémbly composed of three (3) representatives from each of the legislative assenfbljes of each provined, highly urbanized city and independent inpones te i | | | . 7