SALIENT FEATURES ON THE PROPOSED

DRAFT CONSTITUTION OF THE

FEDERAL REPUBLIC OF THE
PHILIPPINES
ON THE FORM & STRUCTURE OF GOVERNMENT,
STATES AND LOCAL GOVERNANCE
Sub-Committee 1 on the Review of Articles VI, VII and X
Committee on Constitutional Amendments
 FORM OF GOVERNMENT
The Parliament

• The legislative power shall be vested in the Parliament of

the Federal Republic of the Philippines which shall
consist of the Federal Assembly, as the national
Legislative Department, and the Senate, as the
legislative body representative of the regions.
 FORM OF GOVERNMENT
The Parliament
• The Federal Assembly shall be composed of not more than three hundred
members unless otherwise provided for by law. Eighty per centum (80%) 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.
• The remaining twenty per centum (20%) of the Members of the Federal
Assembly shall be elected through a party-list system of registered federal
or regional sectoral parties or organizations. The party-list representatives
shall be elected at large. They shall represent the marginalized sectors of
Philippine society which includes labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, elderly, handicapped, women, youth,
veterans, overseas workers and seafarers. All sectors shall be represented
by at least one party-list as shall be provided by law.
 FORM OF GOVERNMENT
The Parliament

• Each single member legislative district shall comprise, as

far as practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least three
hundred fifty thousand (350,000) voters, or each
province, shall have at least one member of the Federal
Assembly.
 FORM OF GOVERNMENT
The Parliament
• Each of the districts shall be entitled to an annual share
in the state and federal budgets for its infrastructure, as
well as for the medical, educational and social services of
its inhabitants. Each member of the Senate and of the
partylist shall likewise be entitled to an amount not less
than the allocation of a district from the state and federal
budgets for their constitutents within the region or
nationwide.
 FORM OF GOVERNMENT
The Parliament

• Each State shall have a minimum of three 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.
 FORM OF GOVERNMENT
The Parliament

• The FEDERAL ASSEMBLY shall elect its Speaker

and the Senate, its President, by a majority vote of
all its respective Members. The Federal Assembly
and the Senate shall each choose such other
officers as it may deem necessary.
 FORM OF GOVERNMENT
The President

• The President of the Philippines shall be the

head of state symbolizing the sovereignty of
the people, and the unity and solidarity of the
nation.
 FORM OF GOVERNMENT
The President

• The President shall be elected by direct vote of the

people for a term of five years with one re-election,
which shall begin at noon on the thirtieth day of June
next following the day of the election and shall end at
noon of the same date five years thereafter.
 FORM OF GOVERNMENT
The President
The powers of the President shall include the following:
• Oversight power over all branches of government
(legislative/executive, judiciary), consitutional bodies, independent
bodies, departments, agencies and offices of the government
• Head of international relations and foreign affairs
• Commander-in-Chief of the Armed Forces of the Philippines
• Appointing power
• Pardoning power
• Residual power
 FORM OF GOVERNMENT
The President

• The functions of the President shall include the ff:

• Represent the country in all foreign relations
• Ensure the sovereignty of the country
• Head of the armend forces
• Enter into treaties
 FORM OF GOVERNMENT
The President
The functions of the President (cont’):
• Appoint the following officials:
• Members of the Judiciary including justices of the Supreme Court, Federal
Supreme Court, Sandiganbayan, Court of Appeals, Court of Tax Appeals
and all other judges of the lower courts
• Members of the Constitutional and independent bodies
• Officers of the Armed Forces of the Philippines from the rank of brigadier
general or commodore
• Foreign Affairs officials from the rank of Director IV
• Foreign Service Officers from the rank of deputy Ambassadors and
Deputy Consuls, including special envoys
 FORM OF GOVERNMENT
The President

The functions of the President (cont’):

• Address the Parliament on the State of the Nation Address at the
opening of its regular session
• Proclaim the election of the Prime Minister
• Grant reprieves, commutations, and pardons, as well as absolve
fines and forfeitures, after conviction by final judgment, except in
cases of impeachment, or as otherwise provided in the
Constitution
 FORM OF GOVERNMENT
The President

• All powers, functions and limitations of the President of

the Philippines under nineteen eighty-seven (1987)
constitution and the laws of the land which are not herein
provided for or conferred upon by any official shall be
deemed, and hereby, vested in the prime minister, unless
otherwise provided by the constitution.
 FORM OF GOVERNMENT
The Prime Minister and the Cabinet

• The head of government shall be the Prime Minister.

The Prime Minister and the Cabinet shall constitute
the government and exercise executive power.

• The Prime Minister shall be elected by a majority of

all the members of the Parliament from among
themselves.
 FORM OF GOVERNMENT
The Prime Minister and the Cabinet

• The functions of the Prime Minister shall include the ff:

• Prepare the program of government
• Prepare the annual budget of the Federal Republic
• Execute all laws, lawful orders and decisions of the
Federal Supreme Court
• Enter into contracts, including loans, on behalf of the
government
 FORM OF GOVERNMENT
The Prime Minister and the Cabinet

• The Prime Minister shall appoint all heads of executive

offices, including cabinet members and the police officials
form the rank of Police Director. The Members of the
Cabinet may be removed at the discretion of the Prime
Minister. The Prime Minister or any member of the Cabinet
may resign from the Cabinet for any cause without
vacating his seat in parliament.
 FORM OF GOVERNMENT
The Prime Minister and the Cabinet
Transitory Provisions
• The first election under this Constitution shall be held on the second
Monday of May 2022.
• Following the adoption of this Constitution, the present Congress shall
be dissolved. The Senate and the House of Representatives shall be
replaced by an interim Parliament that shall exist immediately and shall
continue until the members of the regular Parliament shall have been
elected and assumed office.
• The Members of the interim Parliament shall be the incumbent Members
of the Senate and the House of Representatives and by appointment of
the President, the Members of the Cabinet with portfolio.
•
 FORM OF GOVERNMENT
The Prime Minister and the Cabinet
Transitory Provisions
• The interim Prime Minister shall be elected by a majority vote of all the
Members of Parliament. He shall be a Member of the Cabinet.
• The incumbent President shall exercise all the powers and functions of
the head of state and head of government under this Federal
Constitution until the election of the next President and Prime Minister
in May 2022. He shall appoint the new Cabinet from among the
Members of Parliament. He shall have supervision and direction over the
interim Prime Minister and Cabinet.
• The first regular elections for the President of the Federal Republic of
the Philippines shall be held on the second Monday of May 2022. He
shall be elected by direct vote of the people for a term of five (5) years.
•
 FORM OF GOVERNMENT
The Prime Minister and the Cabinet
Transitory Provisions

• The Vice-President shall continue until 2022 to exercise her powers

and prerogatives as Vice-President under the 1987 Constitution.
• The seats allocated to party-list representatives shall be filled by
election in accordance with Republic Act No. 7941or the Party-list
System for the May 2022 national elections. Thereafter, Parliament
shall enact a law on party-list or sectoral representation under this
Constitution.
 STRUCTURE OF THE REPUBLIC
Federal Government And The States

General Provisions
• The States shall not signify the establishment of a distinct
sovereignty and the states shall remain integral and
inseparable parts of the country. States or local
governments or any of its territory shall not secede from
the Federal republic and any act of secession shall be dealt
with under Federal laws.
• Local Governments shall not form a new and separate
state unless the Constitution is amended or revised.
 STRUCTURE OF THE REPUBLIC
Federal Government And The States
General Provisions
• Province, highly urbanized city, or independent
component cities may transfer or merge with the states
contiguously located to their territorial boundaries, subject
to the approval by a majority of the votes cast in a
plebiscite in the directly affected province or highly
urbanized city and in a plebiscite in the state where the
said province or highly urbanized city may be merging.
• TheFederal Supreme Court shall resolve any conflict
between Federal Parliament and State Assemblies.
 STRUCTURE OF THE REPUBLIC
Federal Government And The States
Powers and Functions of Federal Government and States

The Federal Government shall have exclusive legislative powers over the ff:
• National defense and security; • Transportation, postal service and
• Foreign affairs; telecommunications;
• Currency, money and coinage; • Intellectual property rights;
• Trade and commerce with other • National finance – taxation,
budget and audit
countries and among states;
• Customs ; • Meteorology , standards of
weights and measures; and time
• Borrowing money on public credit regulation;
of the federation; • Federal aid to states; and
• National territory ; • Census, surveys and statistics.
• Immigration and citizenship;
 STRUCTURE OF THE REPUBLIC
Federal Government And The States
Powers and Functions of Federal Government and States

• The Federal Government, through the Prime

Minister, shall exercise general supervision over the
state governments.
 STRUCTURE OF THE REPUBLIC
Federal Government and the States
Powers and Functions of Federal Government and States
Each state shall have exclusive legislative powers over the ff:
• State and local elections; • Waterworks;
• State civil service; • Administration and enforcements of state
• State justice; laws and programs;

• Public transportation and public utilities; • higher

• State socio economic planning;
• State finance;
• State aid to local governments;
• Agriculture and fisheries;
• Forestry;
• Environment and natural resources;
• Industrial development;
• Mining;
Basic and secondary education and state
education;
• Cultural development;
• Regional and local language development;
• Police and law and order;
• State public works;
• Games and amusement; and
• Marriage.
 STRUCTURE OF THE REPUBLIC
Federal Government and the States
Powers and Functions of Federal Government and States
The ff. areas shall be the concurrent powers of the Federal gov’t and the states:
• Administration and enforcement of Federal laws • National language development;
and programs;
• Public safety/law enforcement;
• Health;
• Environmental and ecological protection;
• Education ( Federal standard for and regulation of
• Energy;
higher education; standard setting for and
assistance to basic and secondary education); • Tourism;
• Social security • Ancestral domain;
• Social welfare; • Population management;
• Cultural development; • Labor and trade unions;
• Sports development; • Science and technology;
• Research and development for agriculture, forestry, • Common infrastructure - national power grid; roads,
fisheries, environment and natural resources, highways, airports, seaports, railway;
industrial development and mining;
• To charter cities and create municipalities.
• The establishment , management and maintenance
of penitentiaries;
 STRUCTURE OF THE REPUBLIC
States

• The basic political units of each state are the provinces,

cities, municipalities and barangays.
• Each State shall have its own State Constitution, adopt its
name, and choose a capital, flag, anthem and seal.
 STRUCTURE OF THE REPUBLIC
States
• The territory of the Federal Republic are divided into the
following states:
• The State of Luzon;
• The State of Visayas;
• The State of Mindanao;
• The State of The Bangsamoro; and
• The State of Metro Manila which is also the seat of the Federal
Government
 STRUCTURE OF THE REPUBLIC
States
• The constitution of each State shall define the basic structure of government
for the state.
• Each State shall have a unicameral State Assembly which shall exercise the
legislative power of the state government. Each State Assembly shall be
composed of two representatives directly elected from each province and
one representative directly elected from each higly urbanized or
independent cities.
• Each state shall have a Premiere who shall exercise the executive power of
the state government. The premiere shall be elected by the majority of all
the members of the state assembly. The Premiere shall have the power to
appoint state cabinet members and other state government positions as
may be provided in the state organic act.
 STRUCTURE OF THE REPUBLIC
States
• The terms of office of elective state and local officials, which shall
be provided by law, shall be five (5) years and no such official shall
serve for more than two (2) consecutive terms.
• Amendments or revisions in State organic acts shall only be
effective upon approval of majority of the votes cast in a state in a
plebiscite.
• Each state shall organize, supervise and maintain their own police
agencies to ensure the preservation of peace and order.
 STRUCTURE OF THE REPUBLIC
States
• State governments shall be held accountable by, among others,
the Federal Commission on Audit, Ombudsman, Federal Civil
Service Commission, and the courts to ensure adequate state fiscal
and accountability mechanisms.
• State governments shall exercise general supervision over Local
Governments. The state shall exercise supervisory authority
directly over provinces, highly urbanized cities, and independent
component cities; and through the province with respect to
component cities and municipalities.
 STRUCTURE OF THE REPUBLIC
Finance and Revenue Sharing
• Asprovided in the State and Local Government Code,
there shall be an equalization fund which shall comprise an
unconditional, general purpose block grant and conditional
and matching grants as an incentive for state
governments.
•A National Finance Commission composed of a
chairperson and four members appointed by the president
shall be created to recommend the allocation of the
equalization fund.
 STRUCTURE OF THE REPUBLIC
Finance and Revenue Sharing
• State governments shall be entitled to at least fifty (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.
• State governments and local governments shall have a just share in the
national Federal taxes and revenues which shall be automatically
released to them provided that the share of state governments shall not
be less than sixty percent (60%) of all national taxes and revenues.
• A fair and equitable system of sharing and equalization between the
states and local governments shall be enacted by the Parliament
provided that the share of state governments shall be adjusted in
accordance with the needs and capacity of a state.
 TRANSITORY PROVISIONS
State Autonomy
The process of establishing state autonomy shall be as follows:
• Within a period of eighteen (18) months from the ratification of the
constitution, Parliament shall enact a comprehensive State and Local
Government Code applicable symmetrically to all states. Upon its
enactment a State Commission which shall act as the interim State
Government shall be established.
• Federal Government shall gradually devolve and decentralize functions
and responsibilities to states.
• After a minimum period of five years after the organization of the state
commission, and upon two-third (2/3) majority vote by the commission
and the state consultative assembly, voting separately, or by state
people’s initiative as determined by law within a specific state, the state
commission shall propose an organic act to be enacted by the
Parliament.
 TRANSITORY PROVISIONS
State Commission
• Each State Commission, acting as the interim state
government, shall be composed of the incumbent
governors of provinces and mayors of highly urbanized
cities and independent component cities within the state.
• The State Commission shall act as a collegial body with
legislative and executive powers.
• Chairmanship of each state commission shall be by
succession and rotation among its members with a one-
year term each.
 TRANSITORY PROVISIONS
State Commission
•A State Chief Administrator shall be elected by the
Commission and exercise the executive functions of the
commission and act as the chief executive official of the state.
incumbent members of the Commission are prohibited from
acting as the State Chief Administrator.
• State government positions are appointed by the Commission.
It shall also create government offices and bureaucracy.
• In exercising legislative power, the Commission shall be
assisted by a state consultative assembly composed of three
(3) representatives from each of the legislative assemblies of
each province, highly urbanized city and independent
component cities.