Proposed revisions have been reflected in the following documents:

 Resolution of Both Houses (RBH) Number 8, which

was consolidated in House Concurrent Resolution
(HCR) Number 9
 Proposed Constitution by the PDP-Laban Federalism
Institute (FI)

The House committee on constitutional amendments, split into 4

subcommittees, considered these inputs and presented summaries or salient
features of its own proposals in mid-January 2018.

Meanwhile, President Rodrigo Duterte has set up a 19-member 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, PDP-Laban'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.

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.

RBH 8

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a more perfect society and
establish a federal form of Government that shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, 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.

PDP-Laban

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 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.

Article I: National Territory

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
"9-dash 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, fluvial, 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 defined by the United Nations Convention on the Law of the Sea.

House subcommittee

 The phrases "sovereign rights" and "maritime domains", based on

definitions under the UNCLOS, are used.
 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.

Article II: Declaration of Principles and State

Policies
T yp 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.
PDP-Laban'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."

Law and order, anti-terrorism

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 of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

[...] Section 7. The maintenance of law and order and equal opportunity among its citizens, the protection of life,
liberty, and property, 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.

PDP-Laban

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.

[...] Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion
of economic growth and efficiency, 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 significance 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 efficiency, the enhancement
of the people's well-being and general welfare, sustainable
development, internal cohesion and cultural diversity of the country"
is used.

A n t i - d yn a s t y l a w

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.

PDP-Laban's charter has the same provision for dynasties as in the 1987
Constitution, but the institute proposes a rewording "to make [the provision]
self-executory." 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.

RBH 8

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

PDP-Laban

Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties.

* The PDP-Laban Federalism Institute said this part would be "for rewording to make it self-executory".

House subcommittee

 The Federal Republic shall guarantee equal access to opportunities

for public service, and prohibit political dynasties as shall be defined
by law to be immediately passed by the first Federal Parliament.

N e w , r e vi 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 drug-free country".

Meanwhile, many state principles and policies are revised in PDP-Laban'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.

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

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

Section 22. The State recognizes and promotes the rights of indigenous peoples and cultural communities within the
framework of national unity and development.

Section 23. The State shall empower civil society through its non-governmental, community-based, or sectoral
organizations and its professional and civic associations and foundations that promote the welfare of the nation.

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.)

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:

 No law shall be passed abridging the responsible exercise of the freedom

of speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress of
grievances.

Article V: Suffrage
The participation of overseas absentee voters is emphasized. In RBH 8,
Congress/Parliament 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.

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 disqualified by law, who are at
least eighteen years of age, and, except for qualified 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 qualified 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 disqualified 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 qualified voters residing or working overseas. The residency requirement of such citizens is
defined 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 qualified 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 qualified Filipinos abroad under a system for
absentee voting as may be provided by law" would be inserted.

Article VI: The Legislative Department

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.

But in PDP-Laban'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 the Federal Assembly, would have
considerably bigger powers as head of government.

The 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 vote-
getter in each region in the first election under a new Constitution would only
serve for 3 years.

In PDP-Laban'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, PDP-Laban 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 qualified 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-five 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 office 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 office 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 first elections after the ratification 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 qualified 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 on initiative
and referendum.

[...] 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.

Section 6. 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-five 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.

Section 7. The term of office of the Senators shall be five (5) 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 office 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.

A person who has served as a Senator without interruption for a period of more than three (3) years within the five (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
qualified 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.

R B H 8 p r o p o s a l : H o u s e o f R e p r e s e n t a t i ve s r e t a i n e d

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
party-list 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 Districtsapportioned 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 registered national, regional, and sectoral parties or
organizations.

(2) Party-list representatives shall constitute twenty per centum (20%) of the total number of representatives including
those under the party list. Until otherwise provided by a subsequent law, the seats allocated to party-list
representatives shall be filled by election in accordance with Republic Act No. 7941 or the Party-List System.

(3) Each legislative district in all Regions shall comprise, as far as practicable, contiguous, compact and adjacent
territory. A province, highly-urbanized independent city, independent component city, component city and municipality
in a Region or a combination thereof, with a population of at least 250,000, shall be apportioned as one Legislative
District.

(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 in this section.

P D P - L a b a n / H o u s e p r o p o s a l : T h e F e d e r a l As s e m b l y

In PDP-Laban'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 PDP-Laban's version,
assemblymen could be elected to two 5-year terms, from the current 3 3-year
terms.)

But there are differences between the two proposals. Among others, the
Federal Assembly’s membership would be capped to 400 (in the PDP-Laban's
draft) or 300 (in the House proposal). Sectoral representation would come
from either a political party or the current party-list 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 fill 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 with a population of at least two hundred fifty thousand (250,000) voters, or each province, shall
have at least one member of the Federal Assembly.

[...] Section 4. The Members of the Federal Assembly shall be elected for a term of five (5) years which shall begin,
unless otherwise provided by law, at noon on the thirtieth of June next following their election. No Member of
the Federal Assembly shall serve for more than two (2)consecutive terms. [...]

[...] Section 27. (1) The Federal Assembly shall be vested with primary legislative power. Every bill shall be initiated
and passed by the Federal Assembly. [...]

House subcommittee

 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.

D i s m i s s a l o f P M , d i s s o l u t i o n o f F e d e r a l As s e m b l y

PDP-Laban'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 office in accordance with the Constitution and prevailing laws.

[...] Section 35. (1) The Federal Assembly may express a vote of no confidence 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
confidence 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 five (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-five (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 confidence 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

(6) In case of dissolution of the Federal Assembly or the termination of regular term of office 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 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.

S c o p e o f F e d e r a l C o n g r e s s l aw s

The Federal Congress will have exclusive authority to craft laws on national
security, 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 ratification 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, fiscal 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 defined 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
(10) Citizenship, naturalization, immigration and deportation
(11) General auditing
(12) National elections
(13) Maritime, land and air transportation, and communication
(14) Patents, trademarks, trade names, and copyrights
(15) Energy
(16) Judiciary and the administration of justice

House subcommittee

The Federal Government shall have exclusive legislative powers over the following:

 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 finance – 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".)

N u m b e r o f s i g n a t u r e s f o r i n i t i a t i ve , r e f e r e n d u m

Laws passed by regional legislatures would be covered by an initiative or

referendum. RBH 8 and the PDP-Laban 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 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.

Article VII: The Executive Department

RBH 8 introduced only a few amendments to the executive branch of

government.

But in PDP-Laban'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 Regional Governments" in a semi-
presidential 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 PDP-Laban'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 fines and forfeitures, after conviction by final judgment of crimes
defined 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, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also
have the power to grant amnesty with the concurrence of a majority of all the Members of the Parliament.

[...] 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. The Monetary Board 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 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.

House subcommittee

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

Other presidency-related amendments

Under the PDP-Laban 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-five (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-five 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 five (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, five (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 office, 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 qualified.

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
qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

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

The Prime Minister and the Cabinet

In the PDP-Laban and House proposals, the Prime Minister – selected among
members of the 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 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 disqualification 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 financing, including
receipts from existing and proposed revenue measures.

Section 34. The Prime Minister shall appoint the heads of bureaus and offices, and all other officers 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 officers shall be appointed under the provisions of
existing laws.

House subcommittee

 The head of government shall be the Prime Minister, who with the
Cabinet shall constitute the government and exercise executive power
 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:
o Prepare the program of government
o Prepare the annual budget of the Federal Republic
o Execute all laws, lawful orders and decisions of the Federal
Supreme Court
o Enter into contracts, including loans, on behalf of the
government
 The Prime Minister shall appoint all heads of executive offices,
including Cabinet members and police officials from the rank of
Police Director.
 The members of the Cabinet may be removed at the discretion of the
Prime Minister. The Prime Minister or any member of 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.)

Justices' age of retirement

The draft charter in RBH 8 raises the age of retirement of justices and judges
to 75. PDP-Laban's charter retains the retirement age of 70, while a House
proposal lowers it to 65.

RBH 8

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 office during good behavior until they reached the age
of seventy five years or become incapacitated to discharge the duties of their office. 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 office during good behavior
until they reach the age of seventy years or become incapacitated to discharge the duties of their office. 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 tax-exempt 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 fixed by law. During their continuance in office, their salary shall not be decreased. Upon the
ratification 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 fixed by law. Their salaries shall not be subject to income tax
or otherwise decreased.

R e g i o n a l C o u r t o f Ap p e a l s

The Court of Appeals would be included in the Constitution, but its

reorganization differs in the draft charters.

RBH 8

Section 6. There shall be established in each Region a Regional Court of Appeals, which shall have exclusive
jurisdiction to hear cases within the territorial boundaries of the Region. The cases to be heard by the Regional Court
of Appeals shall be as defined in the Rules of Court. The present Court of Appeals shall be reorganized by the
Supreme Court to give effect to this constitutional mandate.

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 office 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 PDP-Laban 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 officio Chairman, the Secretary of Justice, and a representative each of the Senate and the
House of Representatives as ex officio 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 confirmation. For the lower
courts, the President shall issue the appointments within ninety days from the submission of the list.

House subcommittee

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

House proposal: Constitutional Court

A House proposal suggests setting up a Constitutional Court, which would

decide on 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 PDP-Laban 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
non-state 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

[...] 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
rights regardless of whether such violation was performed by a government or non-government party [...]

House subcommittee

 There is a proposal to include the CHR as a constitutional commission.

 The CHR would be mandated to conduct investigations of human rights
violations regardless of whether such were committed by a
government or non-government party.

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 final and executory, if no appeal to the Regional Court of Appeals
is filed 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-five 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 qualifications 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 filed either in the
Supreme Court, appellate courts, or lower courts
 Its quasi-judicial functions would be transferred to the judiciary

Development of political parties

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

PDP-Laban

Section 11. The State shall ensure the development of political parties as mechanisms of representation and
democratic governance. 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 official may change his political party affiliation during his
term of office and no candidate for any elective public office may change his political party affiliation 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 official who
violates this provision shall lose his seat, barred from being appointed to a public office, 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 affinity including the
spouse, and for settlement of disputes are listed here.)

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.)

PDP-Laban'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" instead of "region".

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

RBH 8

Section 7. Unless otherwise provided by a federal law, the Federal Republic of the Philippines shall be divided into
eighteen (18) Regions, as follows: [...]

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:

o The State of Luzon
o The State of Visayas
o The State of Mindanao
o The State of the Bangsamoro
o 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 PDP-Laban 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 benefit 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;
(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 amusements;
(f) Fisheries and aqua or marine culture, swamps or marshlands excepting the areas within fifteen kilometers from the
shore lines at 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 and infrastructures, airports, ship ports, wharves, levees, drainage systems and the like excepting
those initiated by the Federal Government. [...]
(h) State public corporations and quasi-public 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 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 officials, 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 officials 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 defined 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, microfinance 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:
(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 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;
(3) Tourism;
(4) Irrigation, water, and sewerage;
(5) Waste management;
(6) Fire 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 communications facilities whose frequencies are confined to and whose main offices 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 finance
 State aid to local governments
 Agriculture and fisheries
 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
 Cultural development
 Sports development
 Research and development for agriculture, forestry, fisheries, environment
and natural resources, industrial development and mining
 Establishment, management and maintenance of penitentiaries
 National language development
 Public safety/law enforcement
 Environmental and ecological protection
 Energy
 Tourism
 Ancestral domain
 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

R e g i o n a l G o ve r n o r / C h i e f M i n i s t e r

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 five 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 qualifications 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 qualified for election to the same office 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.

House subcommittee

 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.
 The Premier shall have the power to appoint state Cabinet members and
other state government positions as may be provided in the state Organic
Act.

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 PDP-Laban 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 first session. At least five 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, fisheries, 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.

S h a r i n g o f t a x e s b e t w e e n n a t i o n a l , r e g i o n a l g o vt ' s

The draft constitutions amend the shares of tax revenue going to the federal
and regional governments.

PDP-Laban's draft leaves the percentages blank, but in its executive summary,
it says that under its formula, 60% of national government revenue would be
controlled by the regions 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.

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, specific 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
finance, 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 fifty percent (50%)
share in the proceeds of the utilization and development of the national wealth such as mining, hydro and
geothermal, forestry, fisheries, pasture leases within their respective areas, in the manner provided by law, including
sharing the same with the inhabitants by way of direct benefits. 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

 State and local governments shall have a just share in the national
federal taxes and revenues which shall be automatically released to
them, provided that the share of state governments shall not be less than
60% of all national taxes and revenues.
 As provided in the State and Local Government Code, there shall be
an equalization fund which shall comprise an unconditional, general
purpose block grant and conditional and matching grants as an incentive
for state governments.
 A National Finance Commission composed of a chairperson and 4
members appointed by the President shall be created to recommend the
allocation of the equalization fund.
 State governments shall be entitled to at least 50% in the proceeds of the
utilization and development of the national wealth including sharing the
same with the inhabitants by way of direct benefits.

T r 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 Ac t s

In the PDP-Laban 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 PDP-Laban'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 ratification 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, define 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 office of elective regional and local officials, except barangay officials, which shall be
provided by law, shall be five (5) years and no such official shall serve for more than two (2) consecutive terms.
Voluntary renunciation of the office 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. [...]

[...] Section 28. Upon creation of a region and enactment of a Regional and Local Government Code, a Regional
Commission ("Commission") for each region shall be organized and be composed of the incumbent governors of
provinces and mayors of highly 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 regional government, acting as a collegial body, with executive and legislative
powers subject to following:
(a) Chairmanship of the Commission shall be by succession and rotation among its members where each member of
the Commission from each province, highly urbanized city, and independent component cities shall be given a term of
one year to serve as chairperson;
(b) The Commission shall exercise the executive powers of the region as a collegial body. The Commission shall
elect a Regional Chief Administrator who shall be a professional manager to exercise the executive functions of the
Commission and act as the chief executive official of the region. [...]
(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 five 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 specific region, the Regional Commission may submit to Parliament
an Organic Act more responsive to the specific 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 define 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 defined and created under the Organic Act. [...]

House subcommittee
  The Parliament shall enact a comprehensive State and Local
Government Code (SLGC).
 The terms of office of elective state and local officials, which shall be
provided by law, shall be 5 years. No such official shall serve for more than
two consecutive terms.
 The Federal Government shall gradually devolve and decentralize funding,
functions and responsibilities in accordance 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 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 official 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.

Article XI: Accountability of Public Officers

S a n d i g a n b a ya n , O m b u d s m a n

In RBH 8, the Sandiganbayan would be reorganized, with each of its current 7

divisions distributed among 6 regions. Provisions concerning the anti-graft
court were placed under Article VIII or the judicial branch.

In the PDP-Laban draft, the Sandiganbayan and the Office of the Ombudsman
would remain 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 ratification 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 defined 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 Office 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 Office 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 Office 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

The drafts in RBH 8 and by PDP-Laban shorten the processing of an

impeachment complaint at the House of Representatives or Federal Assembly.

RBH 8

Section 3. [...] (2) A verified complaint for impeachment may be filed 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 five (5) 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 House within thirty
(30) session days from such referral, together with the corresponding resolution. The resolution shall be calendared
for consideration by the House within five (5) session days from receipt thereof.

PDP-Laban

Section 3. [...] (2) A verified complaint for impeachment may be filed 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 five (5) session days from receipt thereof.

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 “60-40 rule"), as well as of media and
advertising entities would remain, but could be overruled by laws.

But in the PDP-Laban and House proposals, the "60-40" 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 classified into agricultural, forest or timber, mineral lands, and national
parks. Agricultural lands of the public domain may be further classified 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-five years, renewable for not more than twenty-five 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, certain areas of
investments, unless otherwise provided by law. The Federal Congress shall enact measures that will encourage the
formation and operation of enterprises whose capital is wholly owned by Filipinos. [...]

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall 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, certificate, or authorization be exclusive in character or for a longer period than fifty years.
[...] Unless otherwise provided by law, the participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of
such corporation or association must be citizens of the Philippines.

[...] Section 14. [...] The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases
prescribed by 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 officers
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 classified into agricultural lands, reclaimed lands, forest or timber lands,
mineral lands, and national parks. Agricultural lands of the public domain may be further classified 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.

* Subsections (2) to (4) of Section 4 of Article XIV, referring to ownership of educational institutions, would be
deleted.

* The first paragraph of Subsection (1) of Section 11 of Article XVI, referring to ownership and management of mass
media, would be deleted.

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

House subcommittee

Subcommittee #4's summary:

 New proposals deleted the limits on foreign equity sharing in the areas of:
o Exploitation, development and utilization of natural resources
o Ownership/Lease of alienable lands
o Franchises on public utilities
o Practice of profession
o Ownership of educational institutions
o Mass media
o 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 efficiency 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 officers 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 set-up 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 qualifications 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.

House subcommittee

 The Bangko Sentral ng Pilipinas shall continue to function as a central

monetary authority.

Articles XIII to XV: Social Justice - Family

Articles merged, modified, transferred
RBH 8

* Articles XIII (various areas from Social Justice to Human Rights), XIV (Education, Science and Technology, Arts,
Culture, and Sports) 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 defined 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:
o Adopt an integrated and universal health care program
o Make food, basic commodities, medicines, drugs, health and
other social services available to all people at affordable cost
o Provide free medical care to indigents and those living below the
poverty line, as defined by law

Article XVI: General Provisions

A u t h o r i t y o ve r p o l i c e

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 PDP-Laban 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

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.

PDP-Laban

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 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 local executives over the police units in their
jurisdiction shall be provided by law.

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.
Article XVII: Amendments or Revisions
S e p a r a t e vo t i n g b y C o n g r e s s o n f u t u r e a m e n d m e n t s

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 set-up.

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.

R B H 8 : N u m b e r o f s i g n a t u r e s f o r p e o p l e ' s i n i t i a t i ve ,
excluded topics

In RBH 8, signatures needed for a people's initiative petition to change the

Constitution should have at least 3% of voters from every region, not per
congressional district. The PDP-Laban draft retains the provision in the 1987
Constitution.

A new section states that amendments concerning the integrity of the national
territory, as well as the republican form of government, could not be subjected
to any amendment.

RBH 8

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a
petition of at 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.

Article XVIII: Transitory Provisions

As of this posting, PDP-Laban'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 first 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 and functions until
the election of the next President and Prime Minister on the second
Monday of May 2022.
 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.

Interim legislative branch

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 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 ratification of this Constitution, the present Congress shall be dissolved and the incumbent President
shall continue to exercise legislative powers until the first 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 benefits 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 office.
 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 benefits.

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.

RBH 8

Section 1. The first elections of Members of the Congress of the Federal Republic of the Philippines and Regional
Legislatures, Regional Governors, Regional Vice Governors, and local elective officials under this Constitution shall
be held on the second Monday of May 2019. [...]

Section 2. Of the Senators first elected under this Constitution, eighteen (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, 2025.
Members of the House of Representatives and the Regional Legislatures, Regional Governors, Regional Vice
Governors and local elective officials shall all serve until noon of June 30, 2022.

House subcommittee

 The first election under a new Constitution shall be held on the second
Monday of May 2022.
 All elected officials, from the President and members of Parliament to local
officials, will have a term of 5 years.
 Party list seats would remain to be filled 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.

R B H 8 : M M D A d i s s o l ve d

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 office of the
National Capital Region (NCR) Governor. Affected employees will be absorbed by the office 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 ratification 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.

RBH 8: No income tax for top federal officials, lawmakers

In RBH 8, the President, Vice President, members of both houses of Congress

and the Supreme Court, and constitutional commission chiefs would be
exempt from income tax.
Meanwhile, regional executives and lawmakers would have equivalent pay
grades as their counterparts in national government, but with income tax.

But RBH 8 also says the Federal Congress can overturn this provision.

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 ratification 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.