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Salient Points of ConCom Draft Charter


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Salient Points of ConCom Draft Charter by Atty. Rodolfo "RV" Vicerra. Presentation for the HSF-PPI Seminar on Understanding Federalism.

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Salient Points of ConCom Draft Charter

  1. 1. SALIENT POINTS OF THE DRAFT CHARTER By: Rodolfo “RV” Vicerra* * Former Director-General, Congressional Planning and Budget Office, House of Representatives
  2. 2. Outline of Presentation  What’s new in the Consultative Committee (Bayanihan) Draft Charter? - By Article  Comparison with early attempts at Constitutional Change - Relate to main Points of the Reader on Charter Change  A Personal Note – “All I Ask if Federalism”
  3. 3. 1. PREAMBLE We, the sovereign Filipino people, Imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. We, the sovereign Filipino people, imploring the aid of Almighty God, to build a permanent and indissoluble nation and establish a just, humane, united, and progressive society under a government that shall embody our shared ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines. 1987 Constitution Con Comm Draft
  4. 4. 2. NATIONAL TERRITORY  and its airspace  sovereignty over islands and features outside its archipelagic baselines  other territories belonging to the Philippines by historic right or legal title  pursuant to the laws of the Federal Republic, the law of nations and the judgments of competent international courts or tribunals  extended continental shelf, including the Philippine Rise
  5. 5. 3.DECLARATION OF PRINCIPLES AND STATE POLICIES  The Republic shall at all times uphold federalism, national unity, and territorial integrity.  Government is the protector of the people and the Federal Republic. Armed forces of the Philippines shall secure the sovereignty of the Republic and the integrity of its national territory.  a policy of freedom from weapons of mass destruction in its territory [nuclear weapons]  SECTION 13. The Federal Republic values the dignity of every person and guarantees full respect for the person and the right of all citizens to participate in all gov’t processes. [human rights]  SECTION 26. The Federal Republic recognizes the vital role of Information Communication Technology in nation-building.  [Prohibit political dynasties as may be defined by law. ] Provides for a full section under ARTICLE V SUFFRAGE AND POLITICAL RIGHTS
  6. 6. BILL OF RIGHTS SECTION 4. Data obtained about a person shall be used and processed only for purposes authorized by law… person has the right to inquire… to demand, that such data and information be corrected or deleted… The prohibition against unreasonable searches and seizure shall extend to …unlawful unreasonable surveillance through technological, electronic, or any other means. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble. the local government units shall, among other things, establish appropriate freedom parks for the peaceful assembly of the people.  Even when the privilege of the writ of habeas corpus is suspended, the privilege of the writs of amparo and habeas data and other protective writs may still be resorted to unless prejudicial to public order  Every person in every generation has the right to: (a) A healthful environment and a balanced ecology, clean air, clean water, clean soil, and clean surroundings; (b) Be protected from and seek compensation for damage to environment and ecology that is brought about by illegal and unsustainable exploitation of natural resources; and (c) Seek immediate relief from the courts and appropriate governmental bodies through the writ of kalikasan and other protective writs against activities that threaten the environment and ecological balance.
  7. 7. SUFFRAGE  The domicile requirements shall not apply for qualified absentee voters  Religious denominations and sects, and political parties upholding violence or unlawful means, shall not be registered.  Political parties as democratic public institutions. (a) practice party discipline. (b) democratic system of internal decision making and allow active citizen participation. (c) democratic processes in selecting party officials and candidates for public office. (d) equal representation of women candidates in every election. (f) affirmative actions for the marginalized  Campaign Finance - Democracy Fund, which shall serve as a repository of campaign funds.  Info on contributors deemed confidential - only to the Federal Commission on Elections  Prohibition from Party Switching or changing political parties within their term of office, two (2) years after the election and two (2) years before the next election  Prohibition on political dynasties – Second degree of consanguinity or affinity, – Running for the same position in the immediately following election – Running simultaneously for more than one national and one regional or local position.
  8. 8. PEOPLE’S INITIATIVE, PLEBISCITE, AND REFERENDUM  To directly propose revision of or amendment to the Constitution, or to propose, enact, amend or repeal laws, acts, ordinances, or resolutions passed by any legislative body.  Filing with the Federal Commission on Elections a verified petition and the draft of the proposal…  Signature requirements: • to revise the Constitution - 30% of the votes cast in last national elections, 10% in every Federated Region • to amend the Constitution - twelve percent (12%) of votes cast, 3 % in every Federated Region • to enact, amend, or repeal a Law - 10% of the votes cast, 3% in every Federated Region  Federal Commission on Elections set the date on the conduct of the plebiscite to be held not earlier than six months (6) therefrom.  Public dissemination through pamphlets, newspapers of national circulation, radio, tv, public fora.  Approval - majority of the votes cast in the plebiscite or referendum, Provided that majority of the Federated Regions also vote for its approval, as certified to by the Commission on Elections.
  9. 9. LEGISLATIVE DEPARTMENT  Membership – 2 senators per Fed Region  Max of 400 Congressmen, 60% by district, 40% proportional representation for parties with 5% of votes  Term – 4 Years, limit 2 terms  First three terms after ratification - proportional representation is reserved 50% for labor, peasant, urban poor, indigenous peoples, and fisherfolk groups, as parties or coalitions of parties. 50% for political parties  Reference population for districts = 500,000.
  10. 10. EXECUTIVE DEPARTMENT  The President and the Vice President shall be elected as a team. A vote for the presidential candidate shall be counted as a vote for his vice presidential candidate.  In case of vacancy in the OVP, the President shall appoint a Vice President from among the Members of the Senate or House who belong to the same political party or coalition of political parties as that of the President. The appointment shall need no confirmation by the Congress. • Three (3) months immediately before the next presidential elections and up to the end of his term, the President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.
  11. 11. JUDICIAL DEPARTMENT Federal Supreme Court  Questions of law, certiorari, prohibitions, mandamus, conflicts of branches of gov’t., taxes, changes of venue, ambassadors, ministers and consuls  Chief Justice plus 8 Associate Justices Federal Consti Court  Constitutional Issues, treaties, writs of amparo, data and kalikasan  Chief Justice plus 8 Associate Justices Federal Administrative Court  Civil service cases, elections, audits, competition law, cases from Ombudsman  Chief Justice plus 8 Associate Justices Federal Electoral Court  Election cases  Chief Justice plus 4 Associate Justices Judicial Appointments and Disciplinary Council  Search of candidates for vacant positions  Recommend promotions and transfers  Disciplinary actions for erring members, officials and employees  composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress 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.
  12. 12. CONSTITUTIONAL COMMISSIONS • Federal Civil Service Commission = Chairman + 2 + CSC in each region • Federal Commission on Elections - Chairman + 6 • Federal Commission on Audit – Chairman + 4 • Federal Commission on Human Rights – Chair + 4 • Federal Ombudsman Commission – Chairman + 4 • Federal Competition Commission – Chairman + 4
  13. 13. FEDERATED REGIONS, BANGSAMORO AND CORDILLERAS 16 Federated Regions + Bangsamoro + CAR –> Asymmetric in character Regional Legislative:  Regional Assembly  1 rep per prov, highly urbanized city, independent chartered city  equal number of reps by proportional representation  Regional Executive:  Regional Governor  Regional Vice Governor  Regional Judiciary – to be legislated by the Regional Assembly  CAR - 75% share in revenues from natural resources
  14. 14. DISTRIBUTION OF POWERS Exclusive Powers: Federal Government Defense, security of territory; Foreign affairs; International trade; Customs and tariffs; Citizenship, immigration National socio-economic planning; Monetary policy and federal fiscal policy, banking, currency; Competition and competition regulation bodies; Inter-regional infrastructure and public utilities, including telecommunications and broadband networks; Postal service; Time, weights and measures;  Protection of human rights;  Basic education;  Science and technology;  Regulation licensing of professions;  Social security benefits;  Federal crimes and justice system;  Law and order;  Civil, family, property, and commercial laws,  Prosecution of graft and corruption cases;  Intellectual property; and  Elections. Time
  15. 15. Socio-economic development planning; Creation of sources of revenue; Financial administration and management; Tourism, investment, and trade development; Infrastructure, public utilities and public works; Economic zones; Land use and housing; Justice system. Local government units; Business permits and licenses; Municipal waters; Indigenous peoples’ rights and welfare; Culture and language development; Sports development; and Parks and recreation. DISTRIBUTION OF POWERS Exclusive Powers: Federated Regional Government
  16. 16. FISCAL POWERS / FINANCIAL ADMIN • SECTION 1. The Federal Government shall have the power to levy and collect all taxes, duties, fees, charges, and other impositions except the power to tax granted to the Federated Regions. Taxes granted to Federated Regions : • Real Property Tax; • Estate Tax; • Donor’s Tax; • Documentary Stamp Tax; • Professional Tax; • Franchise Tax; • Games and Amusement Tax; • Environmental Tax, Pollution Tax, and similar taxes; • Road Users Tax; • Vehicle Registration Fees; • Transport Franchise Fees; and • Local taxes and other taxes which may be granted by federal law.
  17. 17. ACCOUNTABILITY OF PUBLIC OFFICERS  SALN’s  Anti-Graft and Corrupt Practices Act (R.A. 3019)  Code of Conduct and Ethical Standards for Public Officials and Employees (R.A.6713)  Administrative Code of 1987 (E.O.297) • Public office is a public trust. Public officers and employees must, at all times, be accountable to the people… • President, VP, Federal Supreme Court justices, Federal Constitutional Commissions, may be removed from office on impeachment • Joint (House-Senate) Impeachment Committee to file with Federal Administrative Court
  18. 18. NATIONAL ECONOMY AND PATRIMONY  Federal Government, in consultation with the Federated Regions, shall continue to undertake an agrarian reform program.  An independent economic and planning agency headed by the President shall, after consultations with appropriate public agencies, private sector, and the Federated Regions, recommend to Congress and implement continuing integrated and coordinated programs and policies for national dev’t.  Utilization of Natural resources - 60% Filipino  Mass media ownership -70% Filipino  Public Utility franchise - 60% Filipino  Educational Institutions - 60% Filipino  Congress may, by law, change the voting capital requirement under this section considering public welfare and national security, and for this purpose, such entities shall be managed by citizens of the Philippines.
  19. 19. SOCIAL JUSTICE  Labor, Agrarian and Natural Resources Reform, Urban Land Reform and Housing, Health, Women, Human Rights  No person shall be denied employment by reason of age, gender, political or religious belief, ethnicity, status, physical appearance or disability, and other conditions that amount to discrimination.  Citizens of the Philippines working overseas shall be protected by the Federal Republic against inhumane treatment by their employers. Those under investigation, or trial for commission of a crime shall be provided legal representation to ensure the protection of their rights.
  20. 20. NATIONAL SECURITY AND PUBLIC ORDER  Federal Republic shall establish and maintain a Philippine Coast Guard as an armed and uniformed service responsible for maritime search and rescue, maritime law enforcement, maritime safety, maritime environmental protection, maritime security, and other function as may be provided by law.  The Federal Republic shall develop an effective emergency preparedness, risk reduction, and response system for natural and manmade disasters and calamities… The Federated Regions shall each establish their own regional disaster response and relief office which shall streamline and resolve hazards and risks in urban planning which contribute to disaster vulnerability.  The Federal Republic shall establish and continuously develop an effective information and cyber security infrastructure to protect itself and the people from unauthorized domestic or foreign intrusion such as cyberattacks and cyber warfare on its public utilities, cyber installations, and private entities.  The Federal Republic shall have criminal jurisdiction over all those who violate its national and cyber security laws wherever the crime is committed.
  21. 21. EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS THE FAMILY No significant changes. No significant changes.
  22. 22. Section Items from READER ON CHARTER CHANGE and the Consti Amendment Efforts Charter Amendment Efforts and Areas of Concern People’s Initiative for Reform, Modernizati on and Action (PIRMA) President Erap - Constitutiona l Correction for Development (Concord) Senate Joint Resolution No. 10 (2003) - Nene Pimentel Draft Constitutiona l Consultative (Abueva) Commission - President Gloria Arroyo PDP-Laban Federalism Institute Draft Version 1.0 Consultative Committee Bayanihan Draft People's Draft Resolution 15 of Both Houses Parliamentary Form of Gov’t. P P P P x P x Unicameral Legislature P x P x x P x Federalism - Regional Gov'ts P P P P P P Political and Electoral Reforms P P P 2 Party System Proposed Economic Reforms P P P P P Except Lands, Utilities Mode of Amending the Constitution People's Initative Constituent Assembly Constituent Assembly Constituent Assembly Constituent Assembly Constituent Assembly Constituen t Assembly Constituen t Assembly Lifting Term Limits P x x x x Changing Term of Office x P P P P P P
  23. 23. Other Areas of Concern Costs of Shifting to Federalism  Choose a relevant year  Refer to for BESF or GAA  Senate or House Budget  No. of Members  SC or Sandigan  No. of Members  OP Total Budget  No. of Regions  Apply to the approved or contemplated additions in the bureaucracy: RL, REC, RSC. Budgets for 2017 (PhP '000) Personnel Services Maintenance Other OpEx Capital Outlay Fin Expense Total Senate of the Phils. 2,302,509 1,813,302 0 0 4,115,811 House of Reps. 4,136,741 4,801,085 0 0 8,937,826 Office of the President 747,051 2,282,774 660 0 3,030,485 Supreme-Court 1,775,480 2,352,407 1,393,724 0 5,521,611 Court-of-Appeals 1,361,504 444,372 3,600 0 1,809,476 Sandiganbayan 357,079 140,968 2,625 0 500,672
  24. 24. Other Areas of Concern How to maximize the accountabilities of public servants.  People’s participation in planning, budgeting and monitoring  Power to stop implementation of tainted projects  Obligatory reporting on the web  Town hall meetings  Integrity Circles  Developing Regional / Provincial level Policy Research capabilities  Stronger links between press and policy researchers / experts  SALN’s  Anti-Graft and Corrupt Practices Act (R.A. 3019)  Code of Conduct and Ethical Standards for Public Officials and Employees (R.A.6713)  Administrative Code of 1987 (E.O.297)  Impeachment
  25. 25. LOOK BACK: Past Charter Change attempts and why they failed. Charter Change has been brought up by almost every administration since Martial Law Sofia Tomacruz, philippines-failed “Our skepticism is rooted in the Marcos era where the dictator used constitutional change to duck term limits. Since that trust was betrayed, politicians have not earned our respect.” Dante Gatmaytan – Professor, U.P. College of Law “The reason the many attempts of Congress or groups to change the 1987 Constitution failed is not by reason of intrinsic merit. It is because the attempts were viewed as nothing but veiled attempts to extend the term of office of the President. That is the simple reason.” Retired Supreme Court (SC) Justice Vicente Mendoza “The president (Arroyo) decided to push for only one amendment: to change our presidential government with a bicameral congress to a parliamentary government that would be unicameral. She dropped our proposal to change our unitary republic into a federal republic and to liberalize the nationalistic provisions on foreign participation in our economy.“ – Dr. Jose Abueva ANOTHER IMPORTANT REASON. – RV
  26. 26. [All I want is Federalism] Remove the complexities of Chacha. One at a time. Focus for faster achievement of the promised reforms. FEDERALISM – NOW NA! The principle of subsidiarity must be accorded with highest respects. We need to trust our people more. With resources to help enhance their capacities, citizens can greatly assist in extracting accountabilities from regional and local leaders.