Changing the Constitution: What are being proposed so far

Michael Bueza
We track the proposed revisions to the 1987 Constitution, based on draft constitutions and proposed changes by the House of Representatives

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

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

Proposed revisions have been reflected in the following documents:

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.

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<select name=”articles” id=”articles”>
<option value=”#top”>(Select an Article)</option>
<option value=”#preamble”>Preamble</option>
<option value=”#art1″>Article I: National Territory</option>
<option value=”#art2″>Article II: Declaration of Principles and State Policies</option>
<option value=”#art3″>Article III: Bill of Rights</option>
<option value=”#art5″>Article V: Suffrage</option>
<option value=”#art6″>Article VI: The Legislative Department</option>
<option value=”#art7″>Article VII: The Executive Department</option>
<option value=”#art8″>Article VIII: The Judicial Department</option>
<option value=”#art9″>Article IX: Constitutional Commissions</option>
<option value=”#art10″>Article X: Regional and Local Governments</option>
<option value=”#art11″>Article XI: Accountability of Public Officers</option>
<option value=”#art12″>Article XII: National Economy and Patrimony</option>
<option value=”#art13″>Articles XII to XV: Social Justice – Family</option>
<option value=”#art16″>Article XVI: General Provisions</option>
<option value=”#art17″>Article XVI: Amendments or Revisions</option>
<option value=”#art18″>Article XVIII: Transitory Provisions</option>
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<div class=”major”><h3 class=”title”>Preamble</h3></div>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build <span class=”revised”>a more perfect society and establish a federal form of Government</span> 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 <span class=”revised”>Constitution of the Federal Republic of the Philippines</span>.
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<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
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<div class=”card card-body consti-text”>
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 <span class=”revised”>Constitution of the Federal Republic of the Philippines</span>.
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<div class=”card card-body consti-text”>
<ul>
<li>The word “<span class=”wim”>love</span>” is removed, “because it has no place in a Constitution.”</li>
<li>”<span class=”bold-text”>Federal Republic of the Philippines</span>” is used.</li>
<li>The phrase “<span class=”bold-text”>competent and reliable federal form of Government</span>” is inserted.</li>
</ul>

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<div class=”major”><h3 class=”title”>Article I: National Territory</h3></div>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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 <a href=”https://www.rappler.com/nation/137202-philippines-china-ruling-case-west-philippine-sea” target=”_blank”>won the arbitral case</a> at the Permanent Court of Arbitration over China’s controversial “9-dash line”.</p>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<div class=”card card-body consti-text”>
The national territory <span class=”inserted”>over which the Federal Republic of the Philippines exercises sovereignty</span> comprises the <span class=”inserted”>total land area of all Regions of the</span> Philippine archipelago, <span class=”revised”>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.</span>
<br/><br />
<span class=”inserted”>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.</span>
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<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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.
<br /><br />
<span class=”inserted”>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.</span>
</div>
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<div class=”card card-body consti-text”>
<ul>
<li>The phrases “<span class=”bold-text”>sovereign rights</span>” and “<span class=”bold-text”>maritime domains</span>”, based on definitions under the UNCLOS, are used.</li>
<li>The phrase “<span class=”bold-text”>which shall include all territorial island, waters, and air space allowed or recognized under our domestic laws and international laws and conventions</span>” is inserted.
</ul>
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<div class=”major”><h3 class=”title”>Article II: Declaration of Principles and State Policies</h3></div>

<h4>Type of state</h4>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 1. The Philippines is <span class=”revised”>an indivisible, democratic, republican and federal State</span>. Sovereignty resides in the people <span class=”inserted”>through suffrage</span> and all government authority<span class=”inserted”>, whether federal or regional,</span> emanates from them.
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 1. The Philippines is <span class=”revised”>a democratic federal republic</span>. Sovereignty resides in the people and all government authority emanates from them. <span class=”inserted”>As a federal republic, regional autonomy towards federalism shall be recognized within the framework of a national unity and the Constitution.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<div class=”card card-body consti-text”>
<ul>
<li>The phrase “<span class=”bold-text”>democratic, republican, indivisible and federal state</span>” is used.</li>
<li>This sentence is listed: “<span class=”bold-text”>As a federal republic, regional autonomy towards federalism shall be recognized within the framework of a national unity and the Constitution.</span>”</li>
</li>
</ul>
</div>
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<hr width=”75%” />

<h4>Law and order, anti-terrorism</h4>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>All drafts promote additional items crucial to Filipinos’ enjoyment of democracy.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 4. The Federal State</span> <span class=”inserted”>abhors any act of terrorism and</span> renounces war as an instrument of national <span class=”inserted”>or regional</span> 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.
<br /><br />
[…] <span class=”revised”>Section 7.</span> The maintenance of <span class=”revised”>law</span> and order <span class=”inserted”>and equal opportunity among its citizens</span>, the protection of life, liberty, and property, and the promotion of the general welfare<span class=”inserted”>, sustainable development, internal cohesion and cultural diversity of the country</span> are essential for the enjoyment by all the people of the blessings of democracy.
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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.
<br /><br />
[…] Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of <span class=”inserted”>economic growth and efficiency, and the enhancement of the people’s well-being and</span> general welfare are essential for the enjoyment by all the people of the blessings of democracy.
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The phrase “<span class=”bold-text”>abhors any act of terrorism</span>” is added.
<li>The phrase “<span class=”wim”>and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations</span>” 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.”</li>
<li>The phrase “<span class=”bold-text”>The maintenance of law, peace and order</span>” is used.</li>
<li>The phrase “<span class=”bold-text”>equal opportunity among Filipino citizens</span>” is added, while “<span class=”bold-text”>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</span>” is used.
</ul>
</div>
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</div>

<hr width=”75%” />

<h4>Anti-dynasty law</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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.</p>
<p>The 1987 Constitution left it to Congress to craft such law, but none has been passed over the last 3 decades. (READ: <a href=”https://www.rappler.com/nation/195020-congress-constitution-christian-monsod-charter-change-senate-hearing” target=”_blank”>Congress, not Constitution, is the problem – Monsod</a>)</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 30. The Federal State</span> shall guarantee equal access to opportunities for public service, and prohibit political dynasties as <span class=”revised”>shall</span> be defined by law <span class=”inserted”>to be immediately passed by the first Federal Congress under this Constitution</span>.
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties.<br /><br />
<span class=”wim”>* The PDP-Laban Federalism Institute said this part would be “for rewording to make it self-executory”.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li><span class=”bold-text”>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.</li>
</ul>
</div>
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<hr width=”75%” />

<h4>New, revised principles, policies</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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”.</p>
<p>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”.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-4 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 5.</span> Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the <span class=”revised”>Federal State</span>. Its goal is to secure the sovereignty of the <span class=”revised”>Federal State</span> and the integrity of the national territory <span class=”inserted”>and the Regions comprising it</span>.
<br /><br />
[…] <span class=”inserted”>Section 8. The Federal State is committed to the long term preservation of natural resources and to a just and peaceful international order.</span>
<br /><br />
[…] <span class=”inserted”>Section 15. The Federal State and all its regions shall be a drug-free country.</span>
<br /><br />
[…] <span class=”revised”>Section 23.</span> The <span class=”revised”>Federal State</span> shall develop a self-reliant and independent national economy effectively controlled by Filipinos.</span>
<br /><br />
[…] <span class=”revised”>Section 25.</span> The <span class=”revised”>Federal State</span> shall promote comprehensive rural development and agrarian reform.
<br /><br />
<span class=”revised”>Section 26.</span> The <span class=”revised”>Federal State</span> recognizes and promotes the rights of indigenous cultural communities within the framework of <span class=”revised”>unity and development at the national and regional level</span>.
<br /><br />
<span class=”revised”>Section 27.</span> The <span class=”revised”>Federal State</span> shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.
<br /><br />
<span class=”revised”>Section 28.</span> The <span class=”revised”>Federal State</span> recognizes the vital role of communication and information in nation-building.
<br /><br />
<span class=”revised”>Section 29.</span> The <span class=”revised”>Federal State</span> shall ensure the autonomy of local governments.
</div>
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<div class=”col-xs-12 col-sd-12 col-md-4 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
<div class=”card card-body consti-text”>
Section 3. Civilian authority is, at all times, supreme over the military. The <span class=”revised”>Government</span> of the Philippines is the protector of the people and the State. <span class=”revised”>The goal of the Armed Forces</span> is to secure the sovereignty of the <span class=”revised”>Federal Republic</span> and the integrity of the national territory.
<br /><br />
[…] <span class=”revised”>Section 19.</span> The State shall <span class=”revised”>promote the development of a dynamic and productive economy where opportunities, income and wealth are equitably distributed.</span>
<br /><br />
[…] <span class=”revised”>Section 21.</span> The State shall promote <span class=”revised”>rural development, higher agricultural productivity, and equitable land ownership arrangements.</span>
<br /><br />
<span class=”revised”>Section 22.</span> The State recognizes and promotes the rights of indigenous <span class=”inserted”>peoples and</span> cultural communities within the framework of national unity and development.
<br /><br />
<span class=”revised”>Section 23.</span> The State shall <span class=”revised”>empower civil society through its</span> non-governmental, community-based, or sectoral organizations <span class=”inserted”>and its professional and civic associations and foundations</span> that promote the welfare of the nation.
<br /><br />
<span class=”revised”>Section 24.</span> The State recognizes the vital role of <span class=”inserted”>learning and</span> communication and information in nation-building <span class=”inserted”>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</span>.
<br /><br />
<span class=”revised”>Section 25.</span> The State shall ensure the autonomy <span class=”inserted”>and promote the economic viability of the regions and their constituent</span> local governments. <span class=”inserted”>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</span>.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-4 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
<div class=”card card-body consti-text”>
<ul>
<li><span class=”bold-text”>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.</span></li>
<li><span class=”bold-text”>The Federal Republic is committed to the long-term preservation of natural resources and to a just and peaceful international order.</span></li>
<li><span class=”bold-text”>The Federal Republic shall promote the development of a dynamic and productive economy where opportunities, income and wealth are equitably distributed.</span> (The sentence “<span class=”wim”>The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.</span>” would be deleted.)</li>
<li><span class=”bold-text”>The Federal Republic shall promote rural development, higher agricultural productivity, and equitable land ownership arrangements.</span> (The sentence “<span class=”wim”>The State shall promote comprehensive rural development and agrarian reform.</span>” would be deleted. This is similar to the proposal of PDP-Laban, which explained that policies for these are “better left to the Parliament.”)</li>
<li>(The rest of the changes are the same as Sections 22 to 25 of PDP-Laban’s draft charter.)</li>
</ul>
</div>
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<div class=”major”><h3 class=”title”>Article III: Bill of Rights</h3></div>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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 <a href=”https://www.rappler.com/nation/193780-constitution-amendments-limit-protection-free-speech” target=”_blank”>House proposal to limit the protection for freedom of speech.</a>.</p>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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. <span class=”inserted”>All Filipinos shall have the right to move freely throughout the Federal State, from one Region to another.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 4 would be amended as follows:
<ul>
<li>No law shall be passed abridging the <span class=”bold-text”>responsible exercise</span> 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.</li>
</ul>
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<div class=”major”><h3 class=”title”>Article V: Suffrage</h3></div>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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<span class=”inserted”>, except for qualified Filipinos abroad under a system for absentee voting as may be provided by law,</span> 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.<br /><br />
Section 2. The <span class=”revised”>Federal Congress</span> 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.<br /><br />
The <span class=”revised”>Federal Congress</span> shall <span class=”revised”>prioritize the passage of a law specifying the</span> 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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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. <span class=”inserted”>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.</span>
<br /><br />
Section 2. The <span class=”revised”>Parliament</span> 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.
<br /><br />
The <span class=”revised”>Parliament</span> 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.
</div>
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

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<div class=”card card-body consti-text”>
<ul>
<li>The phrase “<span class=”bold-text”>except for qualified Filipinos abroad under a system for absentee voting as may be provided by law</span>” would be inserted.</li>
</ul>
</div>
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<div class=”consti-text bottom-pad-min” style=”text-align: right;”>[ <a href=”#top”>Back to top</a> ]</div>

<a name=”art6″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article VI: The Legislative Department</h3></div>

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<p>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.</p>
<p>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.</p>
</div>

</div>

<h4>The Senate</h4>

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<p>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.</p>
<p>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.</p>
<p>In their executive summary, PDP-Laban said the Senate’s powers “shall be limited to the review of bills passed by the Federal Assembly.”</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

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<div class=”card card-body consti-text”>
Section 1. <span class=”revised”>Except for powers reserved to each Region and to the people</span> by the provision on initiative and referendum, the legislative power shall be vested in the <span class=”revised”>Congress of the Federal Republic of the Philippines</span> which shall consist of a Senate and a House of Representatives.
<br /><br />
Section 2. The Senate shall be composed of <span class=”revised”>at least two up to a maximum of six Senators from each Region</span> who shall be elected at large by the qualified voters <span class=”revised”>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.</span>
<br /><br />
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 <span class=”inserted”>in the Region in which he shall be elected</span>, and a resident <span class=”revised”>thereof for a period of</span> not less than two years immediately preceding the day of the election.
<br /><br />
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.
<br /><br />
<span class=”inserted”>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.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 1. The legislative power shall be vested in the <span class=”revised”>Parliament of the Federal Republic of the Philippines</span> which shall consist of <span class=”revised”>two houses: the Federal Assembly, as the national legislative department, and the Senate, as the legislative body representative of the regions</span>, except to the extent reserved to the people by the provision on initiative and referendum.
<br /><br />
[…] <span class=”revised”>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.</span>
<br /><br />
<span class=”revised”>Section 6.</span> 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 <span class=”inserted”>of the region in which he was elected as Senator for</span> not less than two years immediately preceding the day of the election.
<br /><br />
<span class=”revised”>Section 7.</span> The term of office of the Senators shall be <span class=”revised”>five (5)</span> 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.
<br /><br />
<span class=”inserted”>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.</span>
<br /><br />
[…] <span class=”revised”>Section 27.</span> […] <span class=”inserted”> (4) Every bill passed by the Federal Assembly shall be submitted for the concurrence of the Senate unless otherwise provided in this paragraph. […]
<br />
(5) The Senate shall primarily represent the regions in the federal government and in the Parliament. The Senate shall not initiate legislation. […]</span>
</div>
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

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<div class=”card card-body consti-text”>
<ul>
<li>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.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>RBH 8 proposal: House of Representatives retained</h4>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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.</p>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

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<div class=”card card-body consti-text”>
Section 5. (1) The House of Representatives shall be composed of <span class=”revised”>one elective District Representative from each of the Legislative Districts</span> apportioned <span class=”inserted”>by law</span> among the provinces, <span class=”revised”>highly-urbanized independent cities, independent component cities, component cities and municipalities in each Region</span> in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and <span class=”revised”>Party-List Representatives</span> who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
<br /><br />
(2) Party-list representatives shall constitute twenty per centum (20%) of the total number of representatives including those under the party list. <span class=”revised”>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.</span>
<br /><br />
(3) Each legislative district <span class=”inserted”>in all Regions</span> shall comprise, as far as practicable, contiguous, compact and adjacent territory. <span class=”revised”>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.</span>
<br /><br />
(4) <span class=”revised”>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</span> based on the standards provided in this section.
</div>
</div>

</div>

<hr width=”75%” />

<h4>PDP-Laban/House proposal: The Federal Assembly</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.)</p>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>Section 2. (1) The Federal Assembly shall be composed of not more than four hundred (400) members unless otherwise provided for by law.
<br /><br />
(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.
<br /><br />
(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.
<br /><br />
(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.
<br /><br />
(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.</span>
<br /><br />
[…] <span class=”revised”>Section 4. The Members of the Federal Assembly</span> shall be elected for a term of <span class=”revised”>five (5) years</span> which shall begin, unless otherwise provided by law, at noon on the thirtieth of June next following their election. No Member of the <span class=”revised”>Federal Assembly</span> shall serve for more than <span class=”revised”>two (2)</span> consecutive terms. […]
<br /><br />
[…] <span class=”revised”>Section 27.</span> <span class=”inserted”>(1) The Federal Assembly shall be vested with primary legislative power. Every bill shall be initiated and passed by the Federal Assembly.</span> […]
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The Federal Assembly shall be composed of not more than <span class=”bold-text”>300 members</span> unless otherwise provided by law.</li>
<li><span class=”bold-text”>80 percent</span> of the members shall be elected from legislative electoral districts, while <span class=”bold-text”>20 percent</span> shall be elected through a party list system of registered federal or sectoral parties or organizations.</li>
<li>Each city with a population of at least <span class=”bold-text”>350,000 voters</span>, or each province, shall have at least one member of the Federal Assembly.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Dismissal of PM, dissolution of Federal Assembly</h4>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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.</span>
<br /><br />
[…] <span class=”inserted”>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.
<br /><br />
(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.
<br /><br />
(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.
<br /><br />
(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.
<br /><br />
(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;<br />
(b) Within six (6) months immediately preceding or immediately following any election for members of the Federal Assembly;<br />
(c) Within twelve (12) months immediately following a dissolution of the Federal Assembly;<br />
(d) During the pendency of impeachment proceedings against the President;<br />
(e) Successive dissolution for the same reason
<br /><br />
(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.
</div>
</div>

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<hr width=”75%” />

<h4>Scope of Federal Congress laws</h4>

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<p>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.</p>
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<div class=”col-xs-12 col-sd-12 col-md-4 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
<div class=”card card-body consti-text”>
<span class=”inserted”>Section 28. The Federal Congress shall have exclusive jurisdiction and authority to legislate on the following areas:<br />
(a) National security and defense;<br />
(b) Declaration of war;<br />
(c) Foreign relations, including the ratification of treaties;<br />
(d) Foreign trade, but Regions may also enter into trade relations with other countries upon prior notice to the President;<br />
(e) Customs and quarantine;<br />
(f) Federal currency, fiscal and monetary system, taxation, budget and audit;<br />
(g) Immigration, emigration and extradition;<br />
(h) Inter-regional commerce and trade;<br />
(i) Federal public works and infrastructure;<br />
(j) Federal postal and telecommunications;<br />
(k) Federal air, sea and land transportation;<br />
(l) Intellectual property and copyright;<br />
(m) Meteorology and standards of weights and measures;<br />
(n) Grants-in-Aid to Regions;<br />
(o) Federal census and statistics;<br />
(p) Federal loans;<br />
(q) Federal penal system;<br />
(r) Cloning, genetic research and engineering;<br />
(s) Settlement of territorial and other disputes among states; and<br />
(t) Offenses defined in the Revised Penal Code and federal laws.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-4 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
<div class=”card card-body consti-text”>
ARTICLE X
<br /><br />
<span class=”inserted”>Section 20. Unless otherwise provided in the Constitution, the Federal Government shall have exclusive legislative powers over the following:<br />
(1) National defense<br />
(2) Police and national security<br />
(3) Foreign affairs<br />
(4) Currency and monetary policy<br />
(5) Customs and tariff<br />
(6) International trade<br />
(7) Inter-regional commerce<br />
(8) Postal service<br />
(9) Quarantine<br />
(10) Citizenship, naturalization, immigration and deportation<br />
(11) General auditing<br />
(12) National elections<br />
(13) Maritime, land and air transportation, and communication<br />
(14) Patents, trademarks, trade names, and copyrights<br />
(15) Energy<br />
(16) Judiciary and the administration of justice</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-4 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
<div class=”card card-body consti-text”>

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

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<hr width=”75%” />

<h4>Number of signatures for initiative, referendum</h4>

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<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 26.</span> 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 <span class=”revised”>Federal Congress, Regional Legislature</span> 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 <span class=”inserted”>in the Federal State, Region or local legislative body concerned</span>, of which every <span class=”revised”>Region, province, city, municipality or barangay, as the case may be</span> must be represented by at least three per centum of the registered voters thereof.
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
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<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 32.</span> The <span class=”revised”>Parliament may enact or amend laws that</span> 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 <span class=”revised”>Federal Assembly, Regional Assemblies or any</span> local legislative body after the registration of a petition therefor signed by at least <span class=”revised”>2.5</span> per centum of the total number of registered voters, of which every legislative district must be represented by at least <span class=”revised”>one</span> per centum of the registered voters thereof.
</div>
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<div class=”consti-text bottom-pad-min” style=”text-align: right;”>[ <a href=”#top”>Back to top</a> ]</div>

<a name=”art7″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article VII: The Executive Department</h3></div>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>RBH 8 introduced only a few amendments to the executive branch of government.</p>
<p>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.</p>
<p>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, <a href=”https://www.rappler.com/nation/193797-constitution-amendments-ombudsman-jbc-vice-president” target=”_blank”>would be abolished</a>.</p>
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</div>

<h4>The President on pardons, foreign loans</h4>

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<p>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.</p>
<p>In PDP-Laban’s draft, however, the power to secure foreign loans was transferred to the Prime Minister.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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 <span class=”inserted”>of crimes defined by federal laws or other penal legislations or offenses prescribed in the Revised Penal Code</span>. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the <span class=”revised”>Federal Congress</span>.
<br /><br />
<span class=”inserted”>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.</span>
<br /><br />
Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior <span class=”revised”>recommendation</span> of the Monetary Board <span class=”revised”>and concurrence of the Senate and the House of Representatives, voting separately, prior to the signing of any document evidencing such contract of guarantee</span>. 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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 17.</span> 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 <span class=”revised”>Parliament</span>.
<br /><br />
[…] <span class=”revised”>Section 35.</span> The <span class=”revised”>Prime Minister</span> 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 <span class=”revised”>Parliament</span> 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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<li>The President would have <span class=”bold-text”>oversight powers</span>, <span class=”bold-text”>pardoning powers</span>, the <span class=”bold-text”>power to enter into international treaties</span>, and the role of <span class=”bold-text”>commander in chief of all armed forces</span> and <span class=”bold-text”>head of international relations and foreign affairs</span>, among others.</li>
<li>Among the functions of the Prime Minister would be <span class=”bold-text”>entering into contracts (including loans) on behalf of the government</span>.</li>
</ul>
</div>
</div>

</div>

<h4>Other presidency-related amendments</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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 <span class=”revised”>forty-five (45)</span> years of age on the day of the election, a resident of the Philippines for at least ten years immediately preceding such election<span class=”inserted”>, 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.</span>
<br /><br />
<span class=”revised”>Section 3.</span> The President shall be elected by direct vote of the people for a term of <span class=”revised”>five (5) years</span> 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, <span class=”revised”>five (5) years</span> thereafter. <span class=”revised”>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.</span>
<br /><br />
<span class=”inserted”>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.</span> […]
<br /><br />
[…] Section 7. In case of death, permanent disability, removal from office, or resignation of the President, the <span class=”revised”>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.</span>
<br /><br />
The <span class=”revised”>Parliament may enact or amend laws to</span> 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.
<br /><br />
[…] Section 15. The President shall have <span class=”inserted”>direct and primary</span> control of all the executive departments, bureaus, and offices <span class=”inserted”>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</span>.
</div>
</div>

</div>

<h4>The Prime Minister and the Cabinet</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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.
<br /><br />
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.
<br /><br />
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. […]
<br /><br />
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. </span>
<br /><br />
[…] Section 33. The <span class=”revised”>Prime Minister</span> shall submit to the <span class=”revised”>Parliament</span>, 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.
<br /><br />
<span class=”inserted”>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.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The head of government shall be the <span class=”bold-text”>Prime Minister</span>, who with the Cabinet shall constitute the government and exercise executive power</li>
<li>The Prime Minister shall be elected by majority of all the members of the Parliament from among themselves.</li>
<li>The functions of the Prime Minister shall include the following:
<ul>
<li><span class=”bold-text”>Prepare the program of government</span></li>
<li><span class=”bold-text”>Prepare the annual budget of the Federal Republic</span></li>
<li><span class=”bold-text”>Execute all laws, lawful orders and decisions of the Federal Supreme Court</span></li>
<li><span class=”bold-text”>Enter into contracts, including loans, on behalf of the government</span></li>
</ul></li>
<li>The Prime Minister shall <span class=”bold-text”>appoint all heads of executive offices, including Cabinet members and police officials from the rank of Police Director</span>.</li>
<li>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.</li>
<li>Another House subcommittee suggests that the Prime Minister “<span class=”bold-text”>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.</span>”
</ul>
</div>
</div>

</div>

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<a name=”art8″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article VIII: The Judicial Department</h3></div>

<h4>Limit the scope of judicial power</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>In a House proposal, a phrase supposedly referring to “judicial overreach” would be removed, a move <a href=”https://www.rappler.com/nation/193847-house-constitutional-amendment-judiciary-powers” target=”_blank”>that is seen to clip the judiciary’s powers</a>. This part, however, is retained in the two other draft charters.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 1. The judicial power shall be vested in one <span class=”revised”>Federal Supreme Court of the Philippines</span><span class=”inserted”>, the Regional Court of Appeals, the Sandiganbayan,</span> and in such lower <span class=”inserted”>district</span> courts as may be established by law <span class=”inserted”>in the different Regions of the Federal State</span>.
<br /><br />
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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”wim”>(same as in 1987 Constitution)</span>
<br /><br />
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
<br /><br />
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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The provision in Section 1, paragraph 2 was proposed to be amended to read as follows:<br />
“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 “<span class=”wim”>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</span>” would be deleted.)
</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Justices’ age of retirement</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 12.</span> The Members of the Supreme Court and <span class=”inserted”>justices of the Regional Court of Appeals and the Sandiganbayan,</span> and judges of lower courts shall hold office during good behavior until they reached the age of <span class=”revised”>seventy five years</span> 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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 10.</span> 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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>It was proposed that the retirement age for members of the Supreme Court and judges of lower courts be amended to <span class=”bold-text”>65 years</span> from 70 years.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Income tax-exempt justices, judges</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 18.</span> The <span class=”revised”>salaries</span> 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. <span class=”inserted”>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.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>Section 9.</span> The salary of the Chief Justice and of the Associate Justices of the Supreme Court, <span class=”inserted”>the justices of the Court of Appeals</span> and of judges of lower courts, shall be fixed by law. Their salaries shall not be <span class=”inserted”>subject to income tax or otherwise</span> decreased.
</div>
</div>

</div>

<hr width=”75%” />

<h4>Regional Court of Appeals</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>The Court of Appeals would be included in the Constitution, but its reorganization differs in the draft charters.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. <span class=”inserted”>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.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>An amendment was proposed in Section 1 establishing a <span class=”bold-text”>Regional Court of Appeals</span> in 5 proposed regions: Luzon, Visayas, Mindanao, NCR, and ARMM.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Judicial and Bar Council</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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 <a href=”https://www.rappler.com/nation/193797-constitution-amendments-ombudsman-jbc-vice-president” target=”_blank”>would be abolished</a>.</p>
<p>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 href=”https://www.rappler.com/nation/26386-sc-congress-only-has-one-seat-in-jbc” target=”_blank”>a Supreme Court decision in 2012</a> that set this interpretation.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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 <span class=”revised”>a representative each of the Senate and the House of Representatives</span> 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.
<br />[…]
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 8.</span> 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 <span class=”inserted”>after appropriate public hearings by the Integrated Bar of the Philippines and approved by the Senate pursuant to its rules</span>. Such appointments need no confirmation. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>Section 8 pertaining to the JBC was proposed to be deleted.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>House proposal: Constitutional Court</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
The proposed <span class=”bold-text”>Constitutional Court</span> would have exclusive jurisdiction over the following:
<ul>
<li>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.</li>
<li>Election protest cases which were under the jurisdiction of the Parliament Electoral Tribunal.</li>
<li>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.</li>
</ul>
</div>
</div>

</div>

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<a name=”art9″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article IX: Constitutional Commissions</h3></div>

<h4>CHR as constitutional commission</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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: <a href=”https://www.rappler.com/newsbreak/iq/114698-human-rights-philippines” target=”_blank”>Things to know: Human rights in the Philippines</a>)</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
A. Common Provisions
<br /><br />
Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit<span class=”inserted”>, and the Commission on Human Rights</span>.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
ARTICLE XIII
<br /><br />
[…] Section 13. The Commission on Human Rights shall have the following powers and functions:
<br />(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights <span class=”inserted”>regardless of whether such violation was performed by a government or non-government party</span> […]
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>There is a proposal to <span class=”bold-text”>include the CHR as a constitutional commission</span>.</li>
<li>The CHR would be mandated to conduct investigations of human rights violations <span class=”bold-text”>regardless of whether such were committed by a government or non-government party.</spann></li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Commission members, functions</h4>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Provision under all 3 commissions:
<br /><br />
Section 1. […] <span class=”inserted”>(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.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
B. The Federal Civil Service Commission
<br /><br />
(1) The civil service shall be administered by the <span class=”inserted”>Federal</span> Civil Service Commission composed of a Chairman and <span class=”revised”>eight</span> 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.
<br />
(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. <span class=”inserted”>The Federal Civil Service Commission shall be divided into three divisions with three members each</span>. 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.
<br /><br />
C. The Federal Commission on Elections
<br /><br />
Section 1. (1) […] <span class=”inserted”>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.</span> […]
<br /><br />
<span class=”inserted”>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.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Some proposals for the Comelec:<br />
<ul>
<li>The power to investigate and cause the prosecution of election-related crimes would be vested in the Department of Justice</li>
<li>Appeals of decisions in electoral contests would be filed either in the Supreme Court, appellate courts, or lower courts</li>
<li>Its quasi-judicial functions would be transferred to the judiciary</li>
</ul>
</div>
</div>

</div>

<h4>Development of political parties</h4>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>PDP-Laban’s draft charter would regulate and subsidize political parties, ban party-switching (or political turncoatism) and prohibit political dynasties.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 11. <span class=”inserted”>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.</span> […]
<br /><br />
[…] <span class=”inserted”>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.<br />
(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.
<br /><br />
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.
<br /><br />
Section 15. Political dynasties shall be prohibited as follows:</span>
<br /><em>(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.)</em>
</div>
</div>

</div>

<div class=”consti-text bottom-pad-min” style=”text-align: right;”>[ <a href=”#top”>Back to top</a> ]</div>

<a name=”art10″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article X: Regional and Local Governments</h3></div>

<h4>Number of regions</h4>

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<p>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.)</p>
<p>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: <a href=”https://www.rappler.com/newsbreak/iq/139345-philippines-states-federalism” target=”_blank”>How many states should PH have under federalism?</a>)</p>
<p>In the House subcommittee proposal, there would be 5 states. They also use the term “state” instead of “region”.</p>
<p>This is among <a href=”https://www.rappler.com/nation/politics/elections/2016/120166-federalism-pros-cons-explainer” target=”_blank”>the features of federalism</a> its proponents are pushing forward: decentralizing government and granting the regions autonomy to conduct their affairs.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>Section 7. Unless otherwise provided by a federal law, the Federal Republic of the Philippines shall be divided into eighteen (18) Regions, as follows: […]</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>
Section 6. (1) […] The Bangsamoro and Cordillera shall immediately qualify as regions.
<br /><br />
(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. […]</span>
</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The country would be divided into the following states:</li>
<ul>
<li>The State of Luzon</li>
<li>The State of Visayas</li>
<li>The State of Mindanao</li>
<li>The State of the Bangsamoro</li>
<li>The State of Metro Manila, which is also the seat of the Federal Government</li>
</ul>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Scope of regional laws</h4>

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<p>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.</p>
<p>The PDP-Laban and House proposals also describe concurrent powers between the federal and regional governments.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-6 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
<div class=”card card-body consti-text”>
<span class=”inserted”>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:
<br />(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;
<br />(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;
<br />(c) Land use and development, including urban land reform excepting land previously proclaimed as reservations for any purpose by the Federal Government;
<br />(d) Cadastral or land surveys of any kind;
<br />(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;
<br />(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;
<br />(g) Public works and infrastructures, airports, ship ports, wharves, levees, drainage systems and the like excepting those initiated by the Federal Government. […]
<br />(h) State public corporations and quasi-public corporations;
<br />(i) Trade, industry and tourism;
<br />(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;
<br />(k) Bankruptcy and insolvency;
<br />(l) Trust and trustees;
<br />(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. […]
<br />(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;
<br />(o) Courts for the governance according to the customs and traditions of the indigenous populations of the Regions. […]
<br />(p) The salaries, emoluments, allowances and the like of all officials and employees of the Regions
<br />(q) Penalizing offenses against matters that are lodged within the jurisdiction of the Regions;
<br />(r) Police with jurisdiction over crimes or offenses committed within the boundaries of individual Regions;
<br />(s) Total ban or regulation on gambling activities;
<br />(t) Local prisons, reformatories, and the likes;
<br />(u) Transfer from one Region to another of persons under investigation, accused of crimes or detention or convicted prisoners;
<br />(v) Wild animals, birds, and other endangered species;
<br />(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;
<br />(x) Water, water supplies, irrigation and canals and water power arising from and used within thee boundaries of a Region;
<br />(y) Economic and social planning;
<br />(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;
<br />(aa) Cooperatives, microfinance or micro-credit and money-lending activities;
<br />(bb) Weight and measures;
<br />(cc) Price control;
<br />(dd) Labor and employment;
<br />(ee) Science and technology;
<br />(ff) Free education from pre-school, primary and elementary schools, and subsidized colleges and universities;
<br />(gg) Libraries, museums, ancient and historical monuments, and records other than those covered by existing legislations;
<br />(hh) Charities and charitable institutions;
<br />(ii) Registration of marriages, births, and deaths;
<br />(jj) Pilgrimages to places outside of the Federal State;
<br />(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
<br />(ll) The general welfare of the people of the Regions subject only to the prohibitions provided for under this Constitution or by federal laws.
</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-6 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
<div class=”card card-body consti-text”>
<span class=”inserted”>Section 26. Each region shall have exclusive legislative powers applicable within the territorial jurisdiction of the region over the following:
<br />(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;
<br />(2) Social welfare and development;
<br />(3) Tourism;
<br />(4) Irrigation, water, and sewerage;
<br />(5) Waste management;
<br />(6) Fire protection;
<br />(7) Regional development planning;
<br />(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;
<br />(9) Legislation to allocate and provide funds and resources from the regional government to the competent local governments within each region. […]
<br /><br />
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. […]
</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-6 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
<div class=”card card-body consti-text”>
Each state shall have legislative powers over the following:
<ul>

<li>State and local elections</li>
<li>State civil service</li>
<li>State justice</li>
<li>Public transportation and public utilities</li>
<li>State socio-economic planning</li>
<li>State finance</li>
<li>State aid to local governments</li>
<li>Agriculture and fisheries</li>
<li>Forestry</li>
<li>Environmental and natural resources</li>
<li>Industrial development</li>
<li>Mining</li>
<li>Waterworks</li>
<li>Administration and enforcements of state laws and programs</li>
<li>Basic and secondary education and state higher education</li>
<li>Cultural development</li>
<li>Regional and local language development</li>
<li>Police and law and order</li>
<li>State public works</li>
<li>Games and amusement, and</li>
<li>Marriage</li>
</ul>
<br />
The following areas shall be the concurrent powers of the federal government and the states:
<ul>
<li>Administration and enforcement of federal laws and programs</li>
<li>Health</li>
<li>Education (Federal standard for and regulation of higher education; standard-setting for and assistance to basic and secondary education) </li>
<li>Social security</li>
<li>Social welfare</li>
<li>Cultural development</li>
<li>Sports development</li>
<li>Research and development for agriculture, forestry, fisheries, environment and natural resources, industrial development and mining</li>
<li>Establishment, management and maintenance of penitentiaries</li>
<li>National language development</li>
<li>Public safety/law enforcement</li>
<li>Environmental and ecological protection</li>
<li>Energy</li>
<li>Tourism</li>
<li>Ancestral domain</li>
<li>Population management</li>
<li>Labor and trade unions</li>
<li>Science and technology</li>
<li>Common infrastructure – national power grid; roads, highways, airports, seaports, railway</li>
<li>To charter cities and create municipalities</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Regional Governor/Chief Minister</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>

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.
<br /><br />
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.
<br /><br />
[…] Section 11. There shall be a Regional Vice Governor who shall have the same qualifications as the Regional Governor.
<br /><br />
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.
<br /><br />
No Regional Vice Governor shall serve for more than two consecutive terms. […]
</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>Each state shall have a <span class=”bold-text”>Premier</span> (misspelled as Premiere in the House notes) who shall exercise the executive power of the state government. </li>
<li>The Premier shall be elected by the majority of all the members of the State Assembly.</li>
<li>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.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Regional/State Assembly</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>However, in the PDP-Laban and House proposals, members of the Regional/State Assemblies would be directly elected from the LGUs.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>
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.
<br /><br />
(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.
<br /><br />
(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.
</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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.</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>Each State shall have a unicameral <span class=”bold-text”>State Assembly</span> which shall exercise the legislative power of the state government.</li>
<li>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.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Sharing of taxes between national, regional govt’s</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>The draft constitutions amend the shares of tax revenue going to the federal and regional governments.</p>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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:
<br />(a) The taxes mentioned in the Local Government Code of 1991 shall include all revenues and taxes imposed or collected by the Federal Government;
<br />(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
<br />(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;
<br />(d) The LGUs which collect the revenues and taxes referred to above shall have the right to retain their shares as above indicated.
</span>
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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.<br /><br />
(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<br /><br />
(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. […]
<br /><br />
[…] 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.<br /><br />
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.
<br /><br />
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.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>State and local governments shall have <span class=”bold-text”>a just share in the national federal taxes and revenues</span> 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.</li>
<li>As provided in the State and Local Government Code, there shall be an <span class=”bold-text”>equalization fund</span> which shall comprise an unconditional, general purpose block grant and conditional and matching grants as an incentive for state governments.</li>
<li>A <span class=”bold-text”>National Finance Commission</span> composed of a chairperson and 4 members appointed by the President shall be created to recommend the allocation of the equalization fund.</li>
<li>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.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>Transition: Regional/State Commissions and Organic Acts</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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.</p>
<p>For a minimum of 5 years (with PDP-Laban’s <a href=”http://www.iag.org.ph/index.php/blog/1503-the-pdp-laban-model-of-ph-federalism-an-executive-summary” target=”_blank”>executive summary of its draft charter</a> 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.</p>
<p>New governors and lawmakers would be elected in accordance with the organic act/state constitution.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”inserted”>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. […]
<br /><br />
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.
<br /><br />
[…] 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. […]
<br /><br />
[…] 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:
<br />
(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;<br />
(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. […]<br />
(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. […]
<br /><br />
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.
<br /><br />
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. […] 
</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The Parliament shall enact a comprehensive <span class=”bold-text”>State and Local Government Code</span> (SLGC).</li>
<li>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.</li>
<li>The Federal Government shall gradually devolve and decentralize funding, functions and responsibilities in accordance with financial and organizational capacity of States.</li>
<li>Each State Commission shall propose an <span class=”bold-text”>Organic Act</span> to be enacted by the Parliament to form State Governments composed of elective legislative and executive departments.</li>
<li>Upon enactment of the SLGC, a <span class=”bold-text”>State Commission</span> for each and within the State shall be organized, composed of incumbent governors of provinces and mayors of highly urbanized and independent component cities.</li>
<li>The Commission shall be the interim state government acting as a collegial body, with executive and legislative powers.</li>
<li>Chairmanship of each State Commission shall be by succession and rotation among its members with a one-year term each.</li>
<li>A State Chief Administrator shall be elected by the Commission, exercise its executive functions, and act as the chief executive official of the state.</li>
<li>The Commission shall appoint state government positions.</li>
<li>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.</li>
<li>After a minimum period of 5 years after organization of the Commission, it shall propose and submit to Parliament a <span class=”bold-text”>State Constitution</span>, which should be approved either by the Commission and the State Consultative Assembly voting separately or via people’s initiative.</li>
<li>The Parliament shall enact the State Constitution based on the competence, capacity and resources of the State and consistent with the Federal Constitution.</li>
</ul>
</div>
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</div>

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<a name=”art11″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article XI: Accountability of Public Officers</h3></div>

<h4>Sandiganbayan, Ombudsman</h4>

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<p>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.</p>
<p>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 <a href=”https://www.rappler.com/nation/193797-constitution-amendments-ombudsman-jbc-vice-president” target=”_blank”>is proposed to be abolished</a>. The panel argues that its role “could be absorbed by the Department of Justice”.</p>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
ARTICLE VIII
<br /><br />
<span class=”inserted”>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.</span>
<br /><br />
ARTICLE XI
<br /><br />[…] <span class=”revised”>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.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”wim”>(same as in 1987 Constitution)</span>
<br /><br />
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.
<br /><br />
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
</div>
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The Sandiganbayan shall continue to function and exercise its jurisdiction as provided under the 1987 Constitution and other pertinent laws.</li>
<li>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.</li>
</ul>
</div>
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<hr width=”75%” />

<h4>’Faster’ impeachment process in the House</h4>

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<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>The drafts in RBH 8 and by PDP-Laban shorten the processing of an impeachment complaint at the House of Representatives or Federal Assembly.</p>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
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 <span class=”revised”>five (5)</span> 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 <span class=”revised”>thirty (30)</span> session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within <span class=”revised”>five (5)</span> session days from receipt thereof.
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<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 3. […] (2) A verified complaint for impeachment may be filed by any Member of the <span class=”revised”>Federal Assembly</span> or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within <span class=”revised”>seven (7)</span> 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 <span class=”revised”>Federal Assembly</span> within <span class=”revised”>thirty (30)</span> session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the <span class=”revised”>Federal Assembly</span> within <span class=”revised”>five (5)</span> session days from receipt thereof.
</div>
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<a name=”art12″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article XII: National Economy and Patrimony</h3></div>

<h4>Foreign ownership rules</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-6 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
<div class=”card card-body consti-text”>
Section 2. […] The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The <span class=”revised”>Federal State</span> 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<span class=”inserted”>, unless otherwise provided by a federal law</span>. […]
<br /><br />
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<span class=”inserted”>. Unless otherwise provided by a Regional law, the lease shall not exceed</span> twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. […]
<br /><br />
[…] 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<span class=”inserted”>, unless otherwise provided by law</span>. The <span class=”revised”>Federal Congress</span> shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. […]
<br /><br />
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<span class=”inserted”>, unless otherwise provided by law</span>, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. […] <span class=”inserted”>Unless otherwise provided by law</span>, 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.
<br /><br />
[…] Section 14. […] The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
<br /><br />
<span class=”revised”>ARTICLE XIII</span><br /><br />
[…] <span class=”revised”>Section 20.</span> […] (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<span class=”inserted”>, unless otherwise provided by a federal law</span>. The Congress may, however, require increased Filipino equity participation in all educational institutions.
<br /><br />
The control and administration of educational institutions shall be vested in citizens of the Philippines<span class=”inserted”>, unless otherwise provided by a federal law</span>.
<br /><br />
<span class=”revised”>ARTICLE XIV</span><br /><br />
[…] 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<span class=”inserted”>, unless otherwise provided by a federal law</span>. […]
<br /><br />
(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<span class=”inserted”>, unless otherwise provided by a federal law</span>.
<br /><br />
<span class=”inserted”>Unless otherwise provided by law</span>, 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.
</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-6 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
<div class=”card card-body consti-text”>
Section 2. […] The exploration, development, and utilization of natural resources <span class=”inserted”>toward sustainable development, including conservation, protection and enhancement of the environment</span> 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 <span class=”revised”>under such terms and conditions as may be provided by law</span>. […]
<br /><br />
Section 3. Lands of the public domain are classified into agricultural <span class=”inserted”>lands, reclaimed lands</span>, forest or timber <span class=”inserted”>lands</span>, 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. <span class=”wim”>(The remaining paragraphs would be deleted.)</span>
<br /><br />
[…] <span class=”revised”>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.</span>
<br /><br />
<span class=”wim”>* Section 11 in the 1987 Constitution, referring to ownership of public utilities, would be deleted.</span>
<br /><br />
<span class=”wim”>* The last paragraph of Section 14, referring to the practice of professions only by Filipino citizens, would be deleted.</span>
<br /><br />
<span class=”wim”>* Subsections (2) to (4) of Section 4 of Article XIV, referring to ownership of educational institutions, would be deleted.</span>
<br /><br />
<span class=”wim”>* The first paragraph of Subsection (1) of Section 11 of Article XVI, referring to ownership and management of mass media, would be deleted.</span>
<br /><br />
<span class=”wim”>* The last two paragraphs of Subsection (2) of Section 11 of Article XVI, referring to ownership of advertising companies, would be deleted.</span>
</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-6 bottom-pad”>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
<div class=”card card-body consti-text”>
Subcommittee #4’s summary:
<ul>
<li>New proposals deleted the limits on foreign equity sharing in the areas of:
<ul>
<li>Exploitation, development and utilization of natural resources</li>
<li>Ownership/Lease of alienable lands</li>
<li>Franchises on public utilities</li>
<li>Practice of profession</li>
<li>Ownership of educational institutions</li>
<li>Mass media</li>
<li>Advertising</li>
</ul>
</li>
<li>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.</li>
<li>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.”</li>
</ul>
Subcommittee #3’s summary (under Article XVI or General Provisions):
<ul>
<li>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.</li>
<li>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.</li>
<li>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.</li>
</ul>
</div>
</div>

</div>

<hr width=”75%” />

<h4>RBH 8: Bigger BSP Monetary Board</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-12″>
<p>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.</p>
</div>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
Section 20. The <span class=”revised”>Federal Congress</span> 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 <span class=”inserted”>with a representative from each Region</span>. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. […]
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”revised”>Section 13. Unless Parliament otherwise provides, the Bangko Sentral ng Pilipinas, operating under existing laws, shall function as the central monetary authority.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>The Bangko Sentral ng Pilipinas shall continue to function as a central monetary authority.</li>
</ul>
</div>
</div>

</div>

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<a name=”art13″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Articles XIII to XV: Social Justice – Family</h3></div>

<h4>Articles merged, modified, transferred</h4>

<div class=”row”>

<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”wim”>* 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.</span>
</div>
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<div class=”col-xs-12 col-sd-12 col-md-2″>
<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<span class=”wim”>* Multiple subsections and paragraphs on the <span class=”bold-text”>Labor</span>, <span class=”bold-text”>Agrarian and Natural Resources</span>, and <span class=”bold-text”>Urban Land Reform and Housing</span> subtitles in Article XIII were narrowed down into one section each.</span>
<br /><br />
[…] <span class=”revised”>Section 6. The federal and regional governments</span> shall adopt an integrated and <span class=”inserted”>a universal health care program and a</span> comprehensive approach to health development <span class=”revised”>and make food, basic commodities, medicines, drugs,</span> 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. <span class=”revised”>The federal and regional governments shall provide free medical care to indigents and those living below the poverty line as defined by law.</span>
<br /><br />
<span class=”wim”>* 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.</span>
</div>
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
</div>

<div class=”col-xs-12 col-sd-12 col-md-10 bottom-pad”>
<div class=”card card-body consti-text”>
<ul>
<li>Articles XIII, XIV and XV would be deleted, and incorporated in Article II (State Policies) instead.</li>
<li>Under the <span class=”bold-text”>Health</span> subtitle, federal and regional governments would be additionally mandated to:
<ul>
<li>Adopt an integrated and universal health care program</li>
<li>Make food, basic commodities, medicines, drugs, health and other social services available to all people at affordable cost</li>
<li>Provide free medical care to indigents and those living below the poverty line, as defined by law</li>
</ul>
</li>
</ul>
</div>
</div>

</div>

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<a name=”art16″ class=”offset”></a>

<div class=”major”><h3 class=”title”>Article XVI: General Provisions</h3></div>

<h4>Authority over police</h4>

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<p>In RBH 8, the authority over local police units would be vested in regional governors, from local executives in general under the 1987 Constitution.</p>
<p>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.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of <span class=”revised”>Regional Governors</span> over the police units in their jurisdiction shall be provided by law.
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<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
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Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission <span class=”inserted”>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</span>. The authority of local executives over the police units in their jurisdiction shall be provided by law.
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<li>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 <span class=”bold-text”>under the Prime Minister and the proper Cabinet member</span> 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.</li>
<li>The authority of <span class=”bold-text”>Regional Governors</span> over the police units in their jurisdiction shall be provided by law.</li>
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<div class=”major”><h3 class=”title”>Article XVII: Amendments or Revisions</h3></div>

<h4>Separate voting by Congress on future amendments</h4>

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<p>The Senate and the House would be voting separately when Congress introduces changes to the Constitution. This removes the <a href=”https://www.rappler.com/newsbreak/iq/194568-article-xvii-philippine-constitution-not-clear-voting-charter-change-joint-separate-congress” target=”_blank”>vagueness of the 1987 Constitution</a> 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.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
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(1) The <span class=”revised”>Federal Congress</span>, upon a vote of three-fourths of all its Members<span class=”inserted”>, voting separately</span>; or
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(2) A constitutional convention.
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<div class=”consti-text wim bottom-pad-min”>PDP-Laban</div>
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Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
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(1) The <span class=”revised”>Parliament</span>, upon a vote of three-fourths of all its Members<span class=”inserted”>, voting separately</span>; or
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(2) A constitutional convention.
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<li>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, <span class=”bold-text”>voting separately</span>.</li>
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<h4>RBH 8: Number of signatures for people’s initiative, excluded topics</h4>

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<p>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.</p>
<p>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.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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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 <span class=”revised”>Region</span> must be represented by at least three per centum of the registered voters therein. […]
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[…] <span class=”inserted”>Section 5. (a) No amendment or procedure shall be commenced or continued where the integrity of the national territory is placed in jeopardy.</span>
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<span class=”inserted”>(b) The republican form of government shall not be the object of any amendment.</span>
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<div class=”major”><h3 class=”title”>Article XVIII: Transitory Provisions</h3></div>

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<p>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.”</p>
<p>Meanwhile, there are differences over some transitory provisions in the House, crafted by subcommittees 1 and 3.</p>
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<h4>Incumbent President, VP to stay until 2022</h4>

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<p>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.</p>
<p>However, the two subcommittees offer different proposals on what would happen to the Vice President upon ratification of the draft charter.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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Section 5. The six-year term of the incumbent President and Vice-President elected in the <span class=”revised”>9 May 2016 elections shall end on noon of June 30, 2022.</span>
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The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of <span class=”revised”>May 2022</span>.
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<li>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.</li>
<li>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.</li>
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<h4>Interim legislative branch</h4>

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<p>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.</p>
<p>But in the House proposal, there would be an interim Parliament, composed of incumbent lawmakers who would serve until 2022.</p>
<p>In both cases, separation pay and benefits for affected Congress personnel are included.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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Section 6. <span class=”inserted”>Upon ratification of this Constitution, the present Congress shall be dissolved and</span> the incumbent President shall continue to exercise legislative powers until the first <span class=”revised”>Federal Congress</span> is convened.
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<span class=”inserted”>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.</span>
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<li>Following the adoption of this Constitution, the present Congress shall be dissolved. The Senate and the House of Representatives shall be replaced by an <span class=”bold-text”>interim Parliament</span>, 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.</li>
<li>The Parliament would elect an interim Prime Minister from among its members.</li>
<li>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.</li>
<li>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.</li>
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<h4>Next Senate, local elections</h4>

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<p>In RBH 8’s draft charter, the first elections for Congress and for local positions would proceed in May 2019.</p>
<p>But in the House proposal, the next polls for lawmakers and local officials are set for 2022.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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Section 1. The first elections of Members of the Congress <span class=”inserted”>of the Federal Republic of the Philippines and Regional Legislatures, Regional Governors, Regional Vice Governors, and local elective officials</span> under this Constitution shall be held on the second Monday of <span class=”revised”>May 2019</span>. […]
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Section 2. <span class=”revised”>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.</span>
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<span class=”inserted”>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.</span>
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<div class=”consti-text wim bottom-pad-min”>House subcommittee</div>
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<li>The first election under a new Constitution shall be held on the second Monday of May 2022.</li>
<li>All elected officials, from the President and members of Parliament to local officials, will have a term of 5 years.</li>
<li>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.</li>
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<h4>RBH 8: MMDA dissolved</h4>

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<p>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.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<span class=”inserted”>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.</span>
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<h4>RBH 8: Shorter time to clear court dockets</h4>

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<p>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.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<span class=”revised”>Section 10.</span> The Supreme Court<span class=”inserted”>, the Regional Court of Appeals and the Sandiganbayan</span> shall, within <span class=”revised”>six (6) months</span> 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.
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<h4>RBH 8: No income tax for top federal officials, lawmakers</h4>

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<p>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.</p>
<p>Meanwhile, regional executives and lawmakers would have equivalent pay grades as their counterparts in national government, but with income tax.</p>
<p>But RBH 8 also says the Federal Congress can overturn this provision.</p>
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<div class=”consti-text wim bottom-pad-min”>RBH 8</div>
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<span class=”revised”>Section 15.</span> Until the <span class=”revised”>Federal Congress</span> provides otherwise, the President<span class=”revised”>, 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.</span><br /><br />
<span class=”inserted”>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.</span>
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Michael Bueza

Michael is a data curator under Rappler's Tech Team. He works on data about elections, governance, and the budget. He also follows the Philippine pro wrestling scene and the WWE. Michael is also part of the Laffler Talk podcast trio.