You are on page 1of 5

Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

17th Congress
2nd Regular Session

SUBCOMMITTE3
COMMITTEE ON CONSTITUTIONAL AMENDMENTS

SALIENT FEATURES

PREAMBLE

• The word “love” was deleted because it has no place in a Constitution.


• The phrase “Federal Republic of the Philippines” emphasizes the intent and
purpose of the sovereign Filipino People of its desire to established and change
the system and form of government into a Federal Republic of the Philippines
• The phrase “competent and reliable federal form of government” guarantees
that the federal government shall address the basic necessities of the sovereign
Filipino people.
ARTICLE I
NATIONAL TERRITORY
• Add the phrase “sovereign rights” to cover Exclusive Economic Zone (EEZ)
(200M), the legal continental shelf (200M), and the extended continental shelf
(350M) all of which are outside the archipelagic and internal waters as defined in
the United Nations Convention on the law of the Sea (UNCLOS). The phrase
“sovereign rights” differs with the term “sovereignty” because the first refers
to the exercise of functional “economic rights” such as “fiscal, quarantine,
immigration and sanitation” over territories beyond the archipelagic base line;
while the later refers to the powers and authority of the state over its whole
territory.
• Add the word “maritime domains” in the phrase “consisting of its terrestrial,
fluvial, and aerial domains” as under UNCLOS it refers to the territorial sea,
continuous zone, exclusive economic zone (EEZ) and continental shelves for
coastal state. This is to highlight the equal and critical importance of the seas in
the geographical coverage of the National Territory.
• Delete the phrase “including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas”. The enumeration is already
covered by the phrase “maritime domains” as understood and defined in
international law. Enumeration in the context of the constitution is not favored
because of the possibility that those which are not included in the enumeration
are deemed excluded and may not anymore be legally claimed by the
Philippines.

1|P age
• Insert the phrase “which shall include all territorial island, waters, and air
space allowed or recognized under our domestic laws and international
laws and conventions”. This will cover all territorial claims, including claims by
historic title.
• Retained the second sentence. It embodies the provision of UNCLOS on the
territories of the Archipelagic States known as the “archipelagic doctrine” which
was adopted by the Philippines through the enactment of the Archipelagic Base
Line Law of 2009 (RA 9522). It also protects and preserves the territorial interest
of an archipelago.

ARTICLE II
DECLARATION OF FEDERAL STATE PRINCIPLES AND POLICIES

• The Federal Republic of the Philippines is a democratic, republican, indivisible


and federal state.
• As a Federal Republic, regional autonomy towards federalism shall be
recognized within the framework of national unity and the Constitution.
• The phrase “and adheres to the policy of peace, equality, justice, freedom,
cooperation and amity with all nations” is deleted as they have no legal or
constitutional significance and it prevents the country from laying aggressive
claim over Sabah.
• The Federal Republic abhors any act of terrorism and condemns war as an
instrument of national or regional policy.
• The Federal government is the protector of the people and the Federal Republic.
• The Goal of the Armed Forces of the Philippines is to secure the sovereignty of
the Federal Republic and to safeguard the integrity of the national territory and
the regions comprising it.
• The maintenance of law, peace and order, equal opportunity among Filipino
citizens, the protection of life, liberty, and property, the promotion of economic
growth and efficiency, the enhancement of the people’s well-being and general
welfare, sustainable development, internal cohesion, and cultural diversity of the
country are essential for the enjoyment by all the people of the blessings of
democracy.
• The Federal Republic is committed to the long-term preservation of natural
resources and to a just and peaceful international order.
• The Federal Republic shall promote the development of a dynamic and
productive economy where opportunities, income and wealth are equitably
distributed. The sentence which provides that “the State shall develop a self-
restraint and independent national economy effectively controlled by
Filipinos” is deleted.
• The Federal Republic shall promote rural development, higher agricultural
productivity, and equitable land ownership arrangements and delete the entire
sentence that “the State shall promote comprehensive rural development
and agrarian reform.”
• The Federal Republic recognizes and promotes the rights of indigenous peoples
and cultural communities within the framework of national unity and development
at the national and regional level.

2|P age
• The Federal Republic shall empower civil society through its non-governmental,
community based, or sectoral organizations and its professional and civic
associations and foundations that promote the welfare of the nation.
• The Federal Republic recognizes the vital role of learning and communication in
nation-building and promotes the joint development of the national language and
culture and the regional languages and cultures, to enrich and enlive the
people’s lives and strengthen national unity in diversity.
• The Federal Republic shall ensure the autonomy and promote the economic
viability of the regions and their constituent local governments. The Federal
Parliament shall provide a program of partnership aid to the various regions in
support of their development programs and the basic needs of poor and needy
constituents.
• 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.

ARTICLE XVI
GENERAL PROVISIONS

• The Federal Republic shall establish and maintain one police force, which shall
be a national in scope and civilian in character, to be administered and controlled
by a national police commission which shall be under the Prime Minister and the
proper Cabinet Member provided that in times of national emergency, rebellion,
lawless violence, and war, the President may exercise control and supervision
over the police to assist the Federal Government and the Armed Forces for the
protection of the National Security. The authority of Regional Governors over the
police units in their jurisdiction shall be provided by law.
• The ownership and management of mass media shall be limited to Filipinos, or
to corporations, cooperative or associations, wholly-owned and managed by
such citizens, unless otherwise provided by a Federal law.
• Only Filipino citizens or corporations or associations at least seventy percentum
of the capital of which is owned by such citizens shall be allowed to engage in
the advertising industry, unless otherwise provided by a Federal law.
• Unless otherwise provided by law, the participation of foreign investors in the
governing body of entities in such industry shall be limited to their proportionate
share in the capital thereof, and all the executive and managing officers of such
entities must be Filipinos.

ARTICLE XVIII
TRANSITORY PROVISIONS

• The Incumbent President

➢ Exercises all the powers and functions of the Head of State and Head of
Government until the election of the next President and the next Prime
Minister in May 2022.
➢ Appoints the new Cabinet from among the members of Parliament.

3|P age
➢ Has supervision and direction over the interim Prime Minister and
Cabinet.
➢ Vested with power to dissolve the Interim Parliament with the approval of
the Federal Assembly.
➢ Subject to the same disqualification and manner of removal under the
1987 Constitution.

• The Incumbent Vice President

➢ The Vice-President shall continue until 2022 to exercise her powers and
prerogatives as Vice-President under the 1987 Constitution.

• First Regular Elections for the President

➢ It shall be held on the 2nd Monday of May 2022 by a direct vote of the
people for a term of five (5) years.

• The Interim Parliament

➢ The present Congress of the Philippines composed of the House of


Representatives and the Senate shall be dissolved and replaced by an
Interim Parliament which 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.
➢ In case of vacancy in the Interim Parliament (Federal Assembly and the
Senate), a special election maybe called to fill the vacancy in the manner
prescribed by law, but the member of the Federal Assembly and the
Senate elected shall serve only for the unexpired term.

• First Regular Synchronized Elections for the Members of the Parliament,


State and Local Government Officials

➢ It shall be held on the 2nd Monday of May 2022 by a direct vote of the
people for a term of five (5) years.

• Effectivity of the Party-list law pending subsequent law

➢ The seats allocated to Party-list representatives shall be filled by election


in accordance with Republic Act No. 7941 or the Party-list system for the May
2022 National Elections until otherwise provided by a subsequent law. The
Parliament shall enact a law on Party-list or sectoral representation.

• Affected Bureaucracy of the Dissolved Congress

4|P age
Affected personnel of the Senate and the House of Representatives may opt
to be:
• Reinstated
• Separated – entitled to 2.5 months for every year of government
service rendered in addition to the retirement and other
benefits under the GSIS Law and other Social
Legislation.

• State Governments

➢ Outline of the Process of Establishing State Autonomy towards


Federalism subject to other conditions in the Federal Constitution

- The Parliament shall enact a comprehensive State and Local


Government Code.
- The Federal Government shall gradually devolve and decentralize
funding, functions and responsibilities in accord with financial and
organizational capacity of States.
- Each State Commission shall propose an Organic Act to be enacted by
the Parliament to form State Governments composed of elective
legislative and executive departments.

• Interim State Governments

- Upon enactment of the State and Local Government Code, a State


Commission (“Commission”) for each and within the State shall be
organized composed of the following:

(1) Incumbent Governors of Provinces;


(2) Incumbent Mayors of Highly Urbanized Cities; and,
(3) Incumbent Mayors of Independent Component Cities.

- Until enactment of the State Constitution for each State, the


Commission shall be the Interim State Government, acting as a
collegial body, with executive and legislative powers.

• State Constitution

- After a minimum period of five (5) years after organization of the State
Commission, the State Commission shall propose and submit to
Parliament a State Constitution

(1) upon two-thirds (2/3) vote by the Commission and the State
Consultative Assembly, voting separately, OR
(2) by State People’s Initiative as determined by law within a
specific state.
- The Parliament shall enact the State Constitution based on the
competence, capacity, and resources of the State and consistent with
the Federal Constitution.

5|P age