Republic of tho Philippines HOUSE OF REPRESENTATIVES 17" Congress 2" Regular Session SUBCOMMITTE3 | COMMITTEE ON CONSTITUTIONAL AMENDMENTS | SALIENT FEATURES | | | | | | PREAMBLE The word “love” was deleted because jt has no place in a Constitution, The phrase “Federal Republic of the Philippines” emphasizes the intent and purpose of the sovereign Filipino Peopie of its desire to established and change the system and form of government into a Federal Republic of the Philippines. The phrase “competent and reliable federal form of government” guarantees that the federal government shall address the basic necessities of the sovereign Filipino people. ARTICLE| NATIONAL TERRITORY ‘Add the phrase “sovereign rights” to cover Exclusive Ecoromic Zone (EEZ) (200M), the legal continental shelf (200M), ard the extendec! continental shelf | (350M) all of which are outside the archipelagic: and internal waters as defined in the United Nations Convention on the law of the Sea (UNCLOS). The phrase | “sovereign rights” differs with the term “sovereignty” because the first refers | | to the exercise of functional “economic rights” such as “fiscal, quarantine, | immigration and sanitation” over territories beyond’ the archipelagic base line; while the later refers to the powers and authority of the state over its whole territory. Add the word “maritime domains” in the phrase “consisting of its terrestrial, fluvial, and aerial domains” as under UNCLOS it refers to the territorial sea, continuous zone, exclusive economic zone (IEEZ) and continental shelves for coastal state. This is to highlight the equal anc critical importance of the seas in the geographical coverage of the National Territory. Delete the phrase “including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas”. The enumeration is already, covered by the phrase “maritime domains” as understood and defined in) intemational law. Enumeration in the context iof the constitution is not favored because of the possibility that those which are not included in the enumeration ate deemed excluded and may net [anymore be legally claimed by tha) Philippines. i |Insert the “whi i weeee ne al “which shall include all territorial island, wators, and air ‘ed or recognized under our domestic laws and international laws and conventions”. This wil rt claims by a ns”. This will cover all territorial re een all territorial claims, including claims by Retained the second sentence. It embodies the provision of UNCLOS on the territories of the Archipelagic States known as “he “archipelagiz doctrine” which was adopted by the Philippines through the enzctment of the Archipelagic Base Line Law of 2009 (RA 9522). It also protects and preserves the territorial interest of an archipelago, i | ARTICLE Il | DECLARATION OF FEDERAL STATE PRINCIPLES AND POLICIES The Federal Republic of the Philippines is a democratic, republican, indivisib e and federal state. As a Federal | Republic, regional autonomy towards federalism shall be recognized within the framework of national unity and the Constitution. The phrase “and adheres to the policy of peace, equality, justice, freedorn, cooperation and amity with all nations” is deleted as they have no legal or constitutional significance and it prevents the country from laying aggressive claim over Sabah. The Federal Republic abhors any act of terrorism and condemns war as an instrument of national or regional policy. The Federal government is the protector of the people and the Federal Republic. The Goal of the Armed Forces of the Philippinos is to secure the sovereignty of the Federal Republic and to safeguard the integrity of the national territory anc the regions comprising it. The maintenance of law, peace and order, equal opportunity among Filipino citizens, the protection of life, liberty, and property, the promotion of economic growth and effitiency, the enhancement of the people's well-tieing and general welfare, sustainable development, internal cohosion, and cultu-al diversity of the country are essential for the enjoyment by all the people of the blessings of | democracy. | The Federal Republic is committed to the long-term prese-vation of natural resources and to a just and peacoful international order. The Federal Republic shall promote the development of a dynamic and productive economy where opportunities, income and weelth are equitably distributed, The sentence which provides that “the State shail develop a self- restraint and independent national economy effectively controlled by Filipinos” is deleted. \ The Federal Republic shall promote rural development, higher agriculture! productivity, and equitable land ownership arrangements and delete the entire sentence that “the State shall promote comprehensive rural development and agrarian reform.” ‘The Federal Republic recognizes and promotes the rights of indigenous peoples and cultural communities within the framework of national unity and development at the national and regional level. | 1 |The Fed Soares civil society through its non-governmental, associations and feurdet organizations and its professional and ci ateleoaeel eee ions that promote the welfare of the nation. ; nation-buildin put lic recognizes the vital role of learning and communication ir nation-building and promotes the joint developraent of the national language ancl and the regional languages and cultures, to enrich and enlive the People's lives and strengthen national unity in diversity. The Federal Republic shall ensure the autonomy and promote the economic viability of the |regions and their constituent local governments. The Federal Parliament shall provide a program of partnership aid to the various regions in support of their! development programs and the basic needs cf poor and needy constituents. | The Federal Republic shall guarantee equal access to opportunities for public service, and Hrohibit political dynasties as shall be defined by law to be immediately passed by the first Federal Parliament, | | | | ARTICLE XVI GENERAL PROVISIONS * The Federal Republic shall establish and maintain one police force, which shall be a national in scope and civilian in character, to be administered and controlled by a national police commission which shall be under the Prime Minister and the proper Cabinet Member provided that in times of national emergency, reielion, lawless violence, and war, the President may exercise control and supervision i over the police to assist the Federal Government and the Armed Forces for the , | protection of the National Security. The authority of Regional Governors over the, | police units in their jurisdiction shall be provided by law. © The ownership, and management of mass media ‘shall be limited to Filipinos, or | to corporations, cooperative or associations, wholly-owned and managed by such citizens, unless otherwise provided by a Federal law. | * Only Filipino citizens or corporations or associations at least seventy percenturn| of the capital of which is owned by such citizons shall be allowed to engage in the advertising industry, unless otherwise provided by a Federal law. |» Unless otherwise provi ied 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 officers of such entities must be Filipinos. | ARTICLE XVII | | TRANSITORY PROVISIONS | |. The incumbent President | > Exercises afl the powers and functions of the Head of State and Head of \ Govemment until the election of the naxt President and the next Prime. Minister in May 2022. 1 i | | > Appoints " new Cabinet from among the members of Parliament. |Has supervisi direction over ion and Prir pean irecti the interim Prime Minister and Vested with power to dissolve im Pe jent with the approve the Inte 7 vail " ferim Parliament with the app a Subject to the same disqualification and manner of removal undor the 1987 Constitution. ‘The Incumbent Vice President | > Automatically becomes a member of the Interim Parliamant untl expiration of term in 2022. | | First Regular Elections for the President | i > It shall be held on the 2% Monday of May 2022 by a direct vote of the people for a term of five (5) years. The Interim Parliament > The present Congress of the Philippines composed of the House of Representatives and the Senate shall he dissolved end replaced by an Interim Parliament which shail exist immediately and shall continue until the members of the Regular Parliament shall have been elected ancl assuined office. > The Interim Parliament shall be composed of the elected Members of the Senate and the House of Representatives in the May 2019 elections and those incumbent members of the Senate with six-year term until June 30, | 2025. | | | 1 | > In case of vacancy in the Interim Parliament (Federal Assembly and the | | Senate), a special election maybe cailac| to fil the vacancy in the manner | prescribed by|law, but the member of the Federal Assembly and the Senate elected shall serve only for the urexpired term. eee First Regular Synchronized Elections for the Members cf the Parliament, ' State and Local Government Officials i > It shall be Held on the 2° Monday of May 2022 by a direct vote of the people for a term of five (5) years. | Effectivity of the Party-list law pending subsequent law | > The seats allocated to Party-list representatives shall be filled by election ip accordance with Republic Act No, 7941 cr the Party-list system for the May | 030 National Elections until otherwise provided by a subsequent law. The Parliament shall enact a law on Party-jist orjsectoral represantation. Affected Bureaucracy of the Dissolved Congress , | |Atfected personnel of the Senat to be: | State Governments | | i > Outline ‘of the Process of Establ Interim State Governments te and the House of Repressntatives may opt + Reinstated * Separated — entitled to 2.5 months for every yaar of government service rendered in addition to the retirement and cther benefits under the GSIS Law and other Socal Legislation. ul hing State Autonorny| towards | Federalipm Subject to other conditions in the Federal Constitution - The Parliament shall enact a comprehensive State and Local Government Code. - The Federal Government shell grasually devolve and decentralize funding, functons and responsibilities in accord with financial 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 State and Local Government Code, @ State Commission ("Commission") for each and within the State shail be organized composed of the following: ri fl i \ (a) Ingumibent Governors of Provinces; (2) Incumbent Mayors of Highly Urbanized Cities; and, (3) Incumbent Mayors of Independent Component Cities. ~ Until |enactment of the State Constitution for each State, the| Commission shall be the Interim State Government, acting as a collegial body, with executive anc legislative powers. | © State Constitution - After a minimum period of five (5) years after organization of the Stat Commission, the State Commissicn shall propose and subrnit to Parliament a State Constitution (1) upon two-thirds (2/3) vote 2y the Commission and the Stat ' Consultative Assembly, voting separately, OR (2}by State People’s Initiative as determined by law within a specific state - The Fastrent shall enact the State Constitution based on the competence, capacity, and resources of the State and consistent with the Federal Constitution. | i | : |