We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.
The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.
The defense of the State is the prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.
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.
The State shall strengthen the family as a basic social institution. The natural right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the government.
The State recognizes the vital role of the youth in nation-building and shall promote their physical, intellectual and social well-being.
The State shall promote social justice to ensure the dignity, welfare, and security of all the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of private property, and equitably diffuse property ownership and profits.
The State shall establish, maintain, and ensure adequate social services in the field of education, health, housing, employment, welfare, and social security to guarantee the enjoyment of the people of a decent standard of living.
Civilian authority is at all times supreme over the military.
The State shall afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relation between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. The State may provide for compulsory arbitration.
The State shall guarantee and promote the autonomy of local government units, especially the barrio, to ensure their fullest development as self-reliant communities.
The following are citizens of the Philippines:
A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.
Philippine citizenship may be lost or reacquired in the manner provided by law.
A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Private property shall not be taken for public use without just compensation.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and whatever purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as maybe authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.
The liberty of abode and of travel shall not be impaired except upon lawful order of the court, or when necessary in the interest of national security, public safety, or public health.
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, shall be afforded the citizen subject to such limitations as may be provided by law.
The right to form associations or societies for purposes not contrary to the law shall not be abridged.
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
No law shall be passed abridging the freedom of speech, or the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
No law granting a title of royalty or nobility shall be enacted.
No law impairing the obligation of contracts shall be passed.
No ex post facto law or bill of attainder shall be enacted.
No person shall be imprisoned for debt or non-payment of a poll tax.
No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it.
All persons, shall have the right to a speedy disposition of their cases in all judicial, quasi-judicial, or administrative bodies.
No person shall be held to answer for a criminal offense without due process of law.
All persons, except those charged with capital offenses when evidence of guilt is strong shall, before conviction, be bailable by sufficient sureties. Excessive bail shall not be required.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustified.
No person shall be compelled to be a witness against himself. Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other means which vitiates the free will shall be used against him. Any confession obtained in violation of this section shall be inadmissible in evidence.
Excessive fines shall not be imposed nor cruel or unusual punishment inflicted.
No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.
Free access to the courts shall not be denied to any person by reason of poverty.
It shall be the duty of the citizen to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society.
The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others.
It shall be the duty of every citizen to engage in gainful work to assure himself and his family a life worthy of human dignity.
It shall be the obligation of every citizen qualified to vote to register and cast his vote.
Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen years of age or over 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 preceding the election. No literacy, property or other substantive requirement shall be imposed on the exercise of, suffrage. The Batasang Pambansa shall provide a system for the purpose of securing the secrecy and sanctity of the vote.
The President shall be the head of state and chief executive of the Republic of the Philippines.
There shall be a Vice-President who shall have the same qualifications and term of office as the President and may be removed from office in the same manner as the President as provided in Article XIII, Section 2 of this Constitution.
The Vice-President may be appointed as a member of the Cabinet and may be nominated and elected as Prime Minister.
The Vice-President shall be elected with and in the same manner as the President.
The President shall be elected from among the Members of the National Assembly by a majority vote of all its Members for a term of six years from the date he takes his oath of office, which shall not be later than three days after the proclamation of the National Assembly, nor in any case earlier than the expiration of the term of his predecessor. Upon taking his oath of office, the President shall cease to be a Member of the National Assembly and of any political party. He shall be ineligible to hold any other elective office during his term.
No person may be elected President unless he is at least fifty years of age at the day of his election as President, and a resident of the Philippines for at least ten years immediately preceding his election. However, if no Member of the National Assembly is qualified or none of those qualified is a candidate for President, any Member thereof may be elected President.
In case of permanent disability, death, removal from office, or resignation of the President, the Speaker of the National Assembly shall act as President until a successor has been elected for the unexpired portion of the term of the President.
The President shall have the following duties and functions:
The President shall be immune from suit during his tenure.
The Legislative power shall be vested in a National Assembly.
The National Assembly shall be composed of as many Members as may be provided by law to be appointed among the provinces, representative districts, and cities in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Representative districts or provinces already created or existing at the time of the ratification of this Constitution shall have at least one Member each.
No person shall be a Member of the National Assembly unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, a registered voter in the district in which he shall be elected, and a resident thereon for a period of not less than one year immediately preceding the day of the election.
The National Assembly shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. It may recess for periods not exceeding thirty days each, and not more than ninety days during the year. However, it may be called to session at any time by the Prime Minister to consider such subjects or legislation as he may designate.
The election of the President and the Prime Minister shall precede all other business following the election of the Speaker.
A Member of the National Assembly shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest during his attendance at its sessions, and in going to and returning from the same; but the National Assembly shall surrender the Member involved to the custody of the law within twenty-four hours after its adjournment for a recess or its next session, otherwise such privilege shall cease upon its failure to do so. A Member shall not be questioned or held liable in any other place for any speech or debate in the Assembly or in any committee thereof.
A Member of the National Assembly shall not hold any other office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations during his tenure except that of Prime Minister or Member of the Cabinet. Neither shall he be appointed to any civil office which may have been created or the emoluments thereof increased while he was a Member of the National Assembly.
No Member of the National Assembly shall appear as counsel before any court inferior to a court with appellate jurisdiction, before any court in any civil case wherein the government, or any subdivision, agency, or instrumentality thereof is the adverse party, or before any administrative body. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by, the government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, during his term of office. He shall not intervene in any matter before any office of the government for his pecuniary benefit.
In times of war or other national emergency, the National Assembly may by law authorize the Prime Minister, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the National Assembly, such powers shall cease upon its next adjournment.
The Executive power shall be exercised by the Prime Minister with the assistance of the Cabinet. 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.
The Prime Minister and the cabinet shall be responsible to the National Assembly for the program of government and shall determine the guidelines of national policy.
The Prime Minister shall be elected by a majority of all the Members of the National Assembly from among themselves.
The Prime Minister shall appoint the members of the Cabinet who shall be the heads of ministries at least a majority of whom shall come from the National Assembly. Members of the Cabinet may be removed at the discretion of the Prime Minister.
The Prime Ministers and the Members of the Cabinet, on assuming office, shall take the following oath or affirmation :
The salaries and emoluments of the Prime Minister and the Members of the Cabinet shall be fixed by law which shall not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President.
The Prime Minister and the Members of the cabinet shall be subject to the provisions of sections ten and eleven of Article Eight hereof and may not appear as counsel before any court or administrative body, or participate in the management of any business, or practice any profession.
The Prime Minister or any Member of the Cabinet may resign for any cause without vacating his seat in the National Assembly.
The Prime Minister shall, at the beginning of each regular session of the National Assembly, and from time to time thereafter, present the program of government and recommend for the consideration of the National Assembly such measures as he may deem necessary and proper.
The Prime Minister shall have control of all ministries.
The Prime Minister shall be commander-in-chief of all armed forces of the Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, or rebellion, or imminent danger thereof when the public safety requires, it he may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law.
The Prime Minister shall appoint the heads of bureaus and offices, the officers of the armed forces of the Philippines from the rank of brigadier general or commodore, 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. However, the National Assembly may by law vest in members of the cabinet, courts, heads of agencies, commissions, and boards the power to appoint inferior officers in their respective offices.
The Prime Minister may, except in cases of impeachment grant reprieves, commutations, and pardons, remit fines and forfeitures after final conviction, and with the concurrence of the National Assembly, grant amnesty.
The Prime Minister may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law.
All powers vested in the President of the Philippines under nineteen hundred and thirty-five Constitution and the laws of the land which are not herein provided for or conferred upon any official shall be deemed, and are hereby, vested in the Prime Minister, unless the National Assembly provides otherwise.
The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. The Batasang Pambansa shall have the power to define, prescribe and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section five thereof.
The Members of the Supreme Court and judges of inferior courts shall be appointed by the President.
The Supreme Court shall have the following powers:
The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
The Members of the Supreme Court and judges of inferior 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 shall have the power to discipline judges of inferior courts and, by a vote of at least eight Members, order their dismissal.
The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of opinion of the Court. Any Member dissenting from a decision shall state the reasons for his dissent. The same requirement shall be observed by all inferior collegiate courts.
Every decision of a court of record shall clearly and distinctly state the facts and the law on which it is based. The Rules of Court shall govern the promulgation of minute resolutions.
The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of inferior courts shall be fixed by law, which shall not be decreased during their continuance in office. Until the Batasang Pambansa shall provide otherwise, the Chief Justice shall receive an annual salary of seventy-five thousand pesos, and each Associate Justice, sixty thousand pesos.
The Supreme Court shall, within thirty days from the opening of each regular session of the Batasang Pambansa, submit to the President, the Prime Minister, and the Batasang Pambansa an annual report on the operations and activities of the Judiciary.
The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barrios.
The Batasang Pambansa shall enact a local government code which may not be thereafter amended except by a majority vote of all its Members, defining a more responsive and accountable local government structure with an effective system of recall, allocating among the different local government units their powers, responsibilities, and resources, and providing for the qualifications, election and removal, term, salaries, powers, functions, and duties of local officials, and all other matters relating to the organization and operation of the local units. However, any change in the existing form of local government shall not take effect until ratified by a majority of the votes cast in a plebiscite called for the purpose.
No province, city, municipality, or barrio may be created, divided, merged, abolished, or its boundary substantially altered except in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes cast in a plebiscite in the unit or units affected.
Each local government unit shall have the power to create its own sources of revenue and to levy taxes, subject to limitations as may be provided by law.
The Constitutional Commissions shall be the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
Unless otherwise provided by law, the Chairman and each Commissioner of a Constitutional Commission shall receive an annual salary of sixty thousand pesos, and fifty thousand pesos, respectively, which shall not be decreased during their continuance in office.
No Member of the Constitutional Commission shall, during his tenure in office, engage in the practice of any profession or in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or privilege granted by, the government, or any subdivision, agency, or instrumentality, thereof, including government- owned or controlled corporations.
The Constitutional Commissions shall appoint their officials and employees in accordance with the Civil Service Law.
Appointments in the Civil Service, except as to those which are policy-determining, primarily confidential, or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination.
No officer or employee in the Civil Service shall be suspended or dismissed except for cause provided by law.
No officer or employee in the Civil Service, including members of the armed forces, shall engage directly or indirectly in any partisan political activity or take part in any election, except to vote.
The National Assembly shall provide for the standardization of compensation of government officials and employees, including those in government-owned and controlled corporations, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, the positions concerned.
The Commission on Elections shall have the following powers and functions:
The Commission on Elections may sit en banc or in three divisions. All election cases may be heard and decided by divisions, except contests involving Members of the National Assembly, which shall be heard and decided en banc. Unless otherwise provided by law, all election cases shall be decided within ninety days from the date of their submission for decision.
The Commission may recommend to the Prime Minister the removal of, or any other disciplinary action against, any officer or employee it has deputized, for violation or disregard of, or disobedience to its decision, order, or directive.
The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication, all grants, special privileges, or concessions granted by the government, or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation, may be supervised or regulated by the Commission during the election period for the purpose of ensuring free, orderly, and honest elections.
Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter.
No pardon, parole, or suspension of sentence for violation of the law or rules and regulations concerning elections be granted without the recommendation of the Commission.
A political party shall be entitled to accreditation by the Commission if, in the immediately preceding election, such party has obtained at least the third highest number of votes cast in the constituency to which it seeks accreditation. No religious sect shall be registered as a political party and no political party which seeks to achieve its goals through violence or subversion shall be entitled to accreditation.
No elective public officer 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 six months immediately preceding or following an election.
Any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof.
The Commission on Audit shall have the following powers and functions:
Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people.
The President, the Justices of the Supreme Court, and the Members of the Constitutional Commissions shall be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and corruption.
The National Assembly shall have the exclusive power to initiate, try, decide all cases of impeachment. Upon the filing of a verified complaint, the National Assembly may initiate impeachment by a vote of at least one-fifth of all its Members. No official shall be convicted without the concurrence of at least two-thirds of all the members thereof. When the National Assembly sits in impeachment cases, its Members shall be on oath or affirmation.
Judgment in cases of impeachment shall be limited to removal from office and disqualification to hold any office of honor, trust, or profit under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, in accordance with law.
The National Assembly shall create a special court, to be known as Sandiganbayan, which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.
The National Assembly shall create an office of the Ombudsman, to be known as Tanodbayan, which shall receive and investigate complaints relative to public office, including those in government-owned or controlled corporations, make appropriate recommendations, and in case of failure of justice as defined by law, file and prosecute the corresponding criminal, civil, or administrative case before the proper court or body.
The National Assembly shall establish a National Economic and Development Authority, to be headed by the Prime Minister, which shall recommend to the National Assembly, after consultation with the private sector, local government units, and other appropriate public agencies, continuing, coordinated, and fully integrated social and economic plans and programs.
The State shall regulate or prohibit private monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.
The National Assembly shall, upon recommendation of the National Economic and Development Authority, reserve to citizens of the Philippines or to corporations or associations wholly owned by such citizens, certain traditional areas of investments when the national interest so dictates.
The National Assembly shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such corporations are owned or controlled by the government or any subdivision or instrumentality thereof.
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 at least sixty per centum of the capital of which is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period then fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the National Assembly when the public interest so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in the capital thereof.
The State may, in the interest of the national welfare or defense, establish and operate industries and means of transportation and communication, and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the government.
In times of national emergency when the public interest so requires, the State may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.
All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than development of water power, in which cases, beneficial use may by the measure and the limit of the grant.
The disposition, exploration, development, exploitation, or utilization of any of the natural resources of the Philippines shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital which is owned by such citizens. The National Assembly, in the national interest, may allow such citizens, corporations or associations to enter into service contracts for financial, technical, management, or other forms of assistance with any foreign person or entity for the exploration, or utilization of any of the natural resources. Existing valid and binding service contracts for financial, technical, management, or other forms of assistance are hereby recognized as such.
Lands of the public domain are classified into agricultural, industrial, or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and such other classes as may be provided by law.
The National Assembly taking into account conservation, ecological, and developmental requirements of the natural resources shall determine by law the size of lands of the public domain which may be developed, held or acquired by, or leased to, any qualified individual, corporation or association, and the conditions therefor. No private corporation or association may hold alienable lands of the public domain except by lease not to exceed one thousand hectares in area; nor may any citizen hold such lands by lease in excess of five hundred hectares or acquire by purchase or homestead in excess of twenty-four hectares. No private corporation or association may hold by lease, concession, license, or permit timber or forest lands and other timber or forest resources in excess of one hundred thousand hectares; however, such area may be increased by the National Assembly upon recommendation of the National Economic and Development Authority.
The State shall formulate and implement an agrarian reform program aimed at emancipating the tenant from the bondage of the soil and achieving the goals enunciated in this Constitution.
The National Assembly may authorize, upon payment of just compensation, the expropriation of public lands to be subdivided into small lots and conveyed at cost to deserving citizens.
Save in cases of hereditary succession, no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
Any provision of paragraph one, Section 14, Article VIII and of this Article notwithstanding, the Prime Minister may enter into international treaties or agreement as the national welfare and interest may require.
The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.
The Interim National Assembly may by law adopt a new name for the country, a national anthem, and a national seal, which shall all be truly reflective and symbolic of ideas, history, and traditions of the people. Thereafter the national name, anthem, and seal so adopted shall not be subject to change except by constitutional amendment.
All public officers and employees and members of the armed forces shall take an oath to support and defend the Constitution.
No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authorized by law, nor accept, without the consent of the National Assembly, any present, emolument, office or title of any kind from any foreign state.
No salary or any form of emolument of any public officer or employee, including constitutional officers, shall be exempt from payment of income tax.
It shall be the responsibility of the State to achieve and maintain population levels most conducive to the national welfare.
The State shall consider the customs, traditions, beliefs, and interests of national cultural communities in the formulation and implementation of State policies.
The State shall establish and maintain an integrated national police force whose organization, administration, and operation, shall be provided by law.
The National Assembly shall establish a central monetary authority which shall provide policy direction in the areas of money, banking, and credit to achieve national economic objectives. It shall have supervisory authority over the operation of banks and exercise such regulatory authority as may be provided by law over the operations of finance companies and other institutions performing similar functions. Until the National Assembly shall otherwise provide, the Central Bank of the Philippines, operating under existing laws, shall function as the central monetary authority.
The separation of the church and the State shall be inviolable.
The State may not be sued without its consent.
Any amendment to or revision of this Constitution shall be valid when ratified by a majority of the votes cast in the plebiscite which shall be held not later than three months after the approval of such amendment or revision.
There shall be an Interim National Assembly which shall exist immediately upon the ratification of this Constitution and shall continue until the Members of the regular National Assembly shall have been elected and shall have assumed office following an election called for the purpose by the Interim National Assembly. Except as otherwise provided in this Constitution, the Interim National Assembly shall have the same powers and its Members shall have the same functions, responsibilities, rights, privileges, and disqualifications as the regular National Assembly and the Members thereof.
The Members of the Interim National Assembly shall be the incumbent President and Vice-President of the Philippines, those who served as President of the nineteen hundred and seventy-one Constitutional Convention, those Members of the Senate and the House of Representatives who shall express in writing to the Commission on Elections within thirty days after the ratification of this Constitution their option to serve therein, and those Delegates to the nineteen hundred and seventy-one Constitutional Convention who have opted to serve therein by voting affirmatively for this Article. They may take their oath of office before any officer authorized to administer oaths and who qualify thereto, after the ratification of this Constitution.
The interim Prime Minister and his Cabinet shall exercise all the powers and functions, and discharge the responsibilities of the regular Prime Minister and his Cabinet, and shall be subject to the same disqualifications provided in this Constitution.
The Interim National Assembly shall give priority to measures for the orderly transition from the Presidential to the Parliamentary system, the reorganization of the government, the eradication of graft and corruption, programs for the effective maintenance of peace and order, the implementation of declared agrarian reforms, the standardization of compensation of government employees, and such other measures as shall bridge the gap between the rich and the poor.
The Interim National Assembly shall reapportion the Assembly seats in accordance with Article Eight, Section two, of this Constitution.
All existing laws not inconsistent with this Constitution shall remain operative until amended, modified, or repealed by the National Assembly.
All courts existing at the time of the ratification of this Constitution shall continue and exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution, and all cases pending in said courts shall be held, tried, and determined under the laws then in force. The provisions of the existing Rules of Court not inconsistent with this Constitution shall remain operative unless amended, modified, or repealed by the Supreme Court or the National Assembly.
All officials and employees in the existing government of the Republic of the Philippines shall continue in office until otherwise provided by law or decreed by the incumbent President of the Philippines, but all officials whose appointments are by this Constitution vested in the Prime Minister shall vacate their respective offices upon the appointment and qualification of their successors.
The incumbent Members of the Judiciary may continue in office until they reach the age of seventy years, unless sooner replaced in accordance with the preceding section hereof.
The rights and privileges granted to citizens of the United States or to corporations or associations owned or controlled by such citizens under the ordinance appended to the nineteen hundred and thirty-five Constitution shall automatically terminate on the third day of July, nineteen hundred and seventy-four. Titles to private lands acquired by such persons before such date shall be valid as against other private persons only.
All treaties, executive agreements, and contracts entered into by the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations are hereby recognized as legal, valid and binding. When the national interest so requires, the incumbent President of the Republic or the interim Prime Minister may review all contracts, concessions, permits, or other forms of privileges for the exploration, exploitation, development, or utilization of natural resources entered into, granted, issued, or acquired before the ratification of this Constitution.
Any public officer or employee separated from the service as a result of the reorganization effected under this Constitution shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder.
All records, equipment, buildings, facilities, and other properties of any office or body abolished or reorganized under this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.
The Interim National Assembly, upon special call by the interim Prime Minister may, by a majority vote of all its Members propose amendments to this Constitution. Such amendment shall take effect when ratified in accordance with Article Sixteen hereof.
This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite called for the purpose and, except as herein provided, shall supersede the Constitution of nineteen hundred and thirty-five and all amendments thereto.
[The 1973 Constitution was ratified on January 17, 1973 in accordance with Presidential Proclamation No. 1102 issued by President Ferdinand E. Marcos].
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MANILA, Philippines – The 1987 Philippine Constitution reestablished the democracy halted by decades of Martial Law under former dictator Ferdinand Marcos. Now, lawmakers in Congress are once again attempting to change the nation’s highest law.
Critics and defenders of the Constitution know it is not a perfect document. There are several provisions that need to be clarified – including Article XVII, which outlines the process of amending or revising the Charter and which has spurred contentious debates between the House of Representatives and the Senate . (READ: Why 1987 PH Constitution unclear on Congress’ Charter Change vote )
Past administrations touted Charter Change as a means to address these flaws and “improve” the country. President Rodrigo Duterte likewise pushed for a federal form of government during his campaign.
But is there really a need to change the Constitution?
Open to abuse
Retired Supreme Court (SC) Justice Vicente Mendoza explained that while the Constitution may have its flaws, now is not the time to change it as partisanship runs thick. (READ: What you need to know about Charter Change )
“This is a very partisan period in our history and it is no time to do these things…The risks that constitutional reform might be used as an excuse for extending stays in office and shifting to federalism are just too great to offset the need to make these changes,” Mendoza said.
According to Dante Gatmaytan, a constitutional law professor at the University of the Philippines College of Law, skepticism towards Charter Change is rooted in the Marcos era when Marcos changed the Constitution to duck term limits.
“We have a distrust of our politicians to the point that we do not trust them to tinker with the fundamental law of the land. Every attempt to amend the 1987 Constitution was met with skepticism that they were mere ploys to eliminate term limits,” Gatmaytan said.
“Since that trust was betrayed, politicians have not earned our respect,” he added.
While there are areas of the Constitution worth revisiting – such as the extent of judicial review, the ban on political dynasties, and provisions to encourage competition in business – Mendoza and Gatmaytan said doing so now may leave it vulnerable to abuse.
Hearings in the House of Representatives have given a glimpse at some of the proposed changes to the 1987 Constitution.
These include the shift to a federal form of government, as well as the possible abolition of the Office of the Vice President , Office of the Ombudsman, and Judicial and Bar Council. Lawmakers also proposed to limit the protection for free speech .
“The 1987 Constitution is not perfect but it is a good document… What worries me about the present attempts to amend the Constitution is the way it is selling federalism as the solution to poverty. With the level of political maturity that we have, federalism is likely to strengthen bosses in their turfs,” Gatmaytan said.
Mendoza added that while permanence is an attribute of a good Constitution, the reason why the many attempts to change the Charter have failed is not because of intrinsic merit.
“It’s not that this Constitution is flawless or a great Constitution. I do not think it is…It needs amendments. The trouble is, if you do that, politicians will come in and bring proposals to extend their term. That’s what deters people like me from proposing these many changes, to make this a good or better document,” Mendoza said. ( LOOK BACK: Past Charter Change attempts and why they failed )
Congress as a rubber stamp?
But despite clear opposition and warning, Congress is determined to see Charter Change through.
House Speaker Pantaleon Alvarez earlier opened the possibility of canceling the midterm 2019 elections while Senate President Aquilino Pimentel III said the 6-year term of Duterte may be extended “if necessary” to shift the country to federalism.
Lawmakers have also proposed to change the Constitution by convening into a Constituent Assembly, saying it would be “ cheaper and faster ” than a Constitutional Convention as earlier proposed. (READ: The problem with Con-Ass? Distrust with Congress )
Alvarez likewise threatened to allocate a “ zero budget ” to lawmakers who refused to support the proposed Charter Change, though he later took it back and said he was only “joking.” (READ: Zero budget for anti-federalism provinces just a ‘joke,’ says Alvarez )
Framers of the Constitution, however, struck down current attempts to revise it.
Speaking at a Senate hearing on Charter Change, Christian Monsod – who was part of the 48-member 1986 Constitutional Commission – said problems lie in the implementation of the law, rather than the Constitution itself. (READ: Congress, not Constitution, is the problem – Monsod )
“The problem is not the Constitution but the legislators who slept on the job for 30 years to fully implement it. Or when reform legislation was passed, [they] made sure it was watered down and underfunded,” he said.
Retired SC Chief Justice Hilario Davide echoed this statement in a speech to the business community in November 2017 and said the objectives of federalism could be well achieved by the existing Constitution.
“I would forthwith assert that a shift to federalism or amendments to our present Constitution to accomplish the goals and objectives of the proponents of federalism is totally unnecessary. The reasons adduced to support it are deceptively misleading and unfounded,” Davide said.
He added, “All such goals and objectives can adequately and sufficiently be accomplished, and the reasons disproven, by merely – but effectively and efficiently – implementing the relevant provisions of our present 1987 Constitution.”
If not Charter Change, then what?
Though there is no need to change the Constitution in its entirety, retired SC Justice Adolfo Azcuna said that what should be done instead is a review to determine necessary changes.
“It is timely to review the Constitution with a view of determining whether or not it should be changed to better address the situation of Filipinos today,” he said.
Gatmaytan also said there may be no need to revise the Constitution “when an amendment of laws may suffice.”
While attempts to change the Constitution are serious, Gatmaytan added an assembly that is also beholden to the President may not produce the best document.
“Any project that involves drafting the fundamental law of the land will benefit from serious deliberation founded on contending views, not a mere collection of ‘yes men,’” he said. – with reports from Jodesz Gavilan/Rappler.com
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President Duterte has endorsed a draft constitution to the two Houses of Congress for their consideration, bringing the Philippines closer than ever to changing its 1987 Constitution, which has not been amended so far. The draft includes notable innovations, including a proposed shift to a federal system and anti-dynasty provisions. Nevertheless, the constitution making process enjoys low public awareness and support and faces resistance from a self-interested Congress and skepticism from members of the President’s own cabinet, risking the draft’s total rejection – writes Professor Atienza.
In July 2018, President Rodrigo Duterte in his State of the Nation address endorsed a draft federal constitution , prepared by a Consultative Committee, to the Philippine Congress. The draft is in line with Duterte’s campaign promise in the 2016 presidential elections. He argued that nothing short of federalism can solve the conflicts and underdevelopment in Mindanao, where Davao City, which he headed as mayor, is located. However, after winning the presidency, while information drives and debates about charter change started among different stakeholders, the administration took its time to push for charter change.
In Congress, the House of Representatives, which PDP-Laban - the President’s party, has dominated since the president was elected, preferred to convene Congress into a constituent assembly and start with the work of revising the 1987 Constitution immediately. Committee hearings were held and it was obvious that the majority in the House wanted to fast-track the process. In the Senate, numerous committee hearings were held, but Senators appear less enthusiastic about charter change and consulted different groups regarding questions about the urgency of the need for constitutional change, whether the two Houses of Congress should vote separately or together on revising the constitution, and the most appropriate way of amending or revising the constitution.
Duterte issued Executive Order No. 10 in December 2016 creating a Consultative Committee under the Office of the President. The Committee was tasked to review the 1987 Constitution, conduct consultations, and submit its report, recommendations and proposal to the President. Most of the members of the Committee were only appointed in January 2018. After months of research and deliberations, the Committee unanimously approved the final draft of a proposed federal charter on 3 July 2018. The draft charter was submitted to Duterte on 9 July.
The addition of provisions excluding the current president from running again addresses trust issues that have undermined reform efforts under previous governments.
The initial draft had no provisions that specifically disallowed the current president and vice president from running for reelection for another term under a new constitution. However, upon Duterte’s request , the Consultative Committee modified the transitory provisions to make it clear that Duterte could not run again. The draft now provides that ‘the incumbent President is prohibited from running as President in the 2022 elections under the Constitution’. The new provisions also require the conduct of elections for a Transition President and Vice President six months after the new constitution is ratified. The Transition President and Vice President cannot run for any public office in May 2022, the first regular elections envisioned under a new federal constitution. The addition of these provisions addresses trust issues that have undermined reform efforts under previous governments.
Major Proposals in the Draft Charter: A Presidential and Federal System
The draft federal charter prepared by the Consultative Committee retains the presidential system and proposes a formal shift to a federal system with 18 federated regions corresponding to the 15 existing administrative regions; the Negros Island region, which was created by an executive order by President Benigno Aquino III in 2015 but later abolished by President Duterte through another executive order in August 2017; and the Bangsamoro Region and the Federated Region of the Cordilleras. The basic federal structure would be insulated from future constitutional amendment or revision. The proposed charter prohibits the advocacy, demand, or support for secession of any region from the Federal Republic.
The draft constitution provides for exclusive powers of the central government and exclusive powers of the federated regions. In addition to powers generally attributable to central governments, such as international trade and relations, defense, and citizenship, the federal government also enjoys exclusive powers over family law, basic education, elections and the protection and promotion of human rights. Law and order also fall under the central government, which would preclude the regions from having their own police forces. The regions would have exclusive powers notably in relation to economic zones, the justice system and indigenous peoples. Powers not exclusively given to either the federal government or to the regions are shared powers, to be exercised jointly or separately. In case of conflict or dispute in their exercise, the federal power would prevail. The draft also speaks of ‘reserved’ powers, which would include powers that have not been exclusively granted or are shared, and are not prohibited. As the ‘shared’ powers appear to include all powers not exclusively granted to either sphere of government, it is unclear what will fall under the list of ‘reserved’ powers.
Regional shares from federally imposed taxes would be distributed equally, without regard to population size as well as regional income from natural resources.
The draft also outlines formulas for the distribution of revenue from taxes and natural resources. Accordingly, the regions would receive at least 50% of all collected income taxes, excise taxes, value-added tax, and customs duties, to be equally divided among them and automatically released. There is no consideration for a region’s population size or land area, unlike the current Local Government Code which considers these factors in the internal revenue allotment sharing formula. Instead, there will be an Equalization Fund, which would not be less than 3% of the annual General Appropriations Act. The Fund will be distributed based on the needs of each region, with priority to those that require support to achieve financial viability and economic sustainability as determined by the Federal Intergovernmental Commission. Regions would also be entitled to 50% of all net revenue derived from exploration, development and utilization of natural resources within their territory. The share of the Cordilleras from natural resources would be 75%, possibly in recognition of the region’s rich natural resources and abundant mineral reserves. It appears that the differences in the regional shares of income from natural resources would not affect the regional allocation of tax revenue, which would be shared equally among the regions.
The plurality system for the election of the president is retained.
Interestingly, despite the granting of exclusive powers to the regions in relation to some issues, the constitution empowers the federal government to regulate various aspects of such issues, creating potential areas of overlap. This is particularly the case in relation to indigenous peoples, which are exclusively granted to the regions. At the same time, the draft empowers the federal government to protect rights to their ancestral domains and lands, and all resources found therein to ensure their economic, social, and cultural well-being (Article XV, section 9).
The draft constitution recognizes the distinct social and political identity of the Bangsamoro and the Federated Region of the Cordilleras; thus, introducing asymmetrical arrangements. Accordingly, the distribution of powers and government structure of the regions would not apply to these regions. Instead, the recently signed Bangsamoro Basic Act would be appended to the Federal Constitution. There would also be an Organic Act for the Federated Region of the Cordilleras, to be enacted by the Regional Assembly.
Senators and representatives would be required to hold a college degree or its equivalent.
The federal president and vice president would be elected through direct election. Both must hold a college degree or its equivalent and serve for a term of four years with one reelection. The separate election of the president and the vice president has been abandoned. The president must appoint the vice president to a cabinet position. The draft proposes a four-year presidential term, renewable only once. It appears that the plurality system for the election of the president is retained.
While the House of Representatives will be composed of directly elected representatives from districts and nation-wide across the Philippines, at least two senators would be elected per region. Currently, senators are elected from a national constituency. Members of the House of Representatives would number 400, 60% of whom would be elected from electoral districts, and 40% elected nation-wide through a system of proportional representation. Senators and representatives would be required to hold a college degree or its equivalent. They will serve for a term of four years, and members may not serve more than two consecutive terms. The two houses would exercise co-legislative powers.
The Constitution proposes the establishment of a 'Democracy Fund' and would require political parties to ensure equal representation of women candidates ‘as far as practicable’.
Except for the Bangsamoro and the Cordilleras, each region would have a Regional Assembly, half representing each province, highly urbanized city, and independent chartered city, and half elected through proportional representation. Members must hold a college degree or equivalent. A Regional Governor and Deputy Regional Governor would be elected together by a majority of Regional Assembly members. As the draft constitution extensively regulates the powers and structure of regional governments, it is not clear whether the regions would be allowed to adopt a sub-state constitution. Nevertheless, there are no express provisions against regional constitutions.
To coordinate intergovernmental relations, the draft establishes a ‘Federal Intergovernmental Commission’. The Commission will principally work on financial issues but has an additional mandate to ensure smooth relationships between the federal and regional governments. This is in contrast with some federations, where the organs in charge of financial redistribution are distinct from other intergovernmental coordination mechanisms. A Council of Regional Governors is also anticipated. Disputes between the federal and regional governments appear to be the ambit of the Supreme Court, though the draft also empowers the Constitutional Court to resolve all issues of constitutionality. This could create potential jurisdictional overlap/conflict and may therefore need clarification.In exceptional circumstances, the President would be empowered to ‘intervene’ and ‘take all measures necessary’ to address a region’s failure to ‘comply with its obligation as provided for in the Constitution which seriously undermines the sovereignty, territorial integrity, economy, or the unity of the Federal Republic’. Notably, the president would not need the prior approval of the Congress, particularly the Senate. Instead, the president must present a report to a joint session of Congress within 30 days of intervening. Congress can then take appropriate measures.
Other notable proposals
In addition to the shift to a federal system, with the attendant changes to the composition of the Senate, there are also several other notable innovations.
Socio-Economic Rights
The draft contains a stronger Bill of Rights compared to the 1987 Constitution. The draft Bill of Rights now includes socioeconomic and environmental rights. People would enjoy the right to health, decent housing, adequate food, quality education, and livelihood and employment opportunity. The draft also establishes a new section on civil and political rights which prohibits interference in correspondence and data, protecting the right to privacy. However, lawless violence is now added to the grounds for suspending the writ of habeas corpus. At the same time, there is no longer any mention that the Federal Republic ‘guarantees full respect for human rights’ as in Article II Section 11 of the 1987 Constitution. Instead, the draft confers exclusive jurisdiction on human rights on the federal government and indicates that 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 government processes’.
Political Parties
Political parties in the Philippines are generally seen as weak and disorganized , which has given enormous powers to winning presidents and party leaders. With a view to enhance the status and influence of parties, provisions for stronger, more representative and more accountable political parties are included. Political parties would also be required to ensure equal representation of women candidates ‘as far as practicable’. The formulation leaves the exact manner of women’s representation open, potentially undermining its implementation. The draft also creates a Democracy Fund, a repository of campaign funds that citizens, groups or corporations can donate to, to be distributed to political parties and presidential candidates. It is unclear how the fund will be distributed; there is mention only that a fair share of party campaign funds will be allocated to women candidates. The Federal Commission on Elections would administer the funds and promulgate rules and regulations. Defections among elected officials would be prohibited and subject to sanctions.
Anti-dynasty Provisions
Despite a provision in the 1987 Constitution requiring Congress to enact laws to preclude political dynasties, such a law was never adopted. This allowed the continuation and consolidation of power among families. To avoid a repeat of this challenge, the draft constitution incorporates a self-executing anti-dynasty provision. It defines a political dynasty as ‘when a family whose members are related up to the second degree of consanguinity or affinity’ (whether legitimate, illegitimate, half, full blood) ‘maintains or is capable of maintaining political control by succession or by simultaneously running for or holding elective positions’. Persons that fit this definition would be prohibited from running simultaneously for more than one national, one regional or one local position.
Provisions for Direct Democracy
The draft constitution incorporates extensive provisions for direct popular initiatives in the making, modification or repeal of laws, as well as in the amendment and revision of the constitution. Provisions governing who can initiate, signature requirements, verification, reference to the Constitutional Court, campaign regulations, outcomes etc. are well developed for initiatives at the federal level. The draft also requires the regions to enact, within two years of its adoption, laws regulating popular initiatives at the regional level.
Four Specialized Apex Courts and Several Independent Commissions
The draft constitution proposes the establishment of four high courts: the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, and the Federal Electoral Court. While the division may lead to specialization, there is a real danger of jurisdictional overlap, which could create confusion as well as potential for forum shopping. For example, as noted above, the exact delineation of jurisdiction between the Supreme Court and the Constitutional Court in relation to the resolution of disputes between the federal and state governments is not clear.
Congress is likely to rework most of the provisions, or possibly ignore the entire draft and write their own version, particularly deleting anti-dynasty provisions.
In addition to the four apex courts, the draft proposes the establishment of six constitutional commissions at the federal level: the Federal Civil Service Commission, the Federal Commission on Elections, the Federal Commission on Audit, the Federal Commission on Human Rights, the Federal Ombudsman Commission, and the Federal Competition Commission.
Another failed effort? A Reluctant Congress, Skeptic Cabinet Members, and an Uninformed Public
In his third State of the Nation address to Congress on 23 July, President Duterte said that the draft constitution ‘will truly embody the ideals and aspirations of the Filipino people’. He stated his confidence that the Filipino people will support this new fundamental law to ‘strengthen democratic institutions’ and ‘create an environment where every Filipino … will have an equal opportunity to grow and create a future that he or she can proudly bequeath to the succeeding generations’.
Despite Duterte’s optimism, the process will not be smooth-sailing. Before a draft charter could go to a referendum, the two legislative houses must approve the draft. Congress is likely to rework most of the provisions, or possibly ignore the entire draft and write their own version. Some of the more radical or innovative aspects of the Consultative Committee’s draft may be dropped. For instance, the anti-dynasty provision in the draft Bangsamoro Basic Law was deleted by members of the Bicameral Conference Committee, many of whom are members of political dynasties themselves, before being endorsed by both houses of Congress for the President’s signature. The same fate likely awaits the more strongly-worded anti-dynasty provisions in the draft charter. Provisions requiring higher educational requirements for members of Congress as well as the changes to the national constituency of the Senate have also triggered opposition.
Provisions requiring higher educational requirements for members of Congress as well as the changes to the national constituency of the Senate have also triggered opposition.
The chair of the Consultative Committee, former Chief Justice Puno, thinks that the best time to hold a referendum on the draft charter is by mid-2019, although there are still debates whether it should be held together with the scheduled 2019 mid-term elections, or scheduled separately so that voters can concentrate on the proposed charter and its provisions in making their decisions. These two scenarios assume that the current Congress can come up with and agree on a draft charter this year or early next year before they adjourn.
The dramatic change in the House Speaker from Pantaleon Alvarez, who appeared hell-bent on producing a new federal constitution in the process alienating other House representatives and the Senate, to former President Gloria Macapagal Arroyo, signals a more professional, efficient and authoritative leadership that can handle discussions on charter change. When Arroyo was president, she already attempted but failed , through a committee and people’s initiative, to change the 1987 Constitution to a federal parliamentary system. She has already displayed a conciliatory stance by sponsoring a resolution that the two houses should vote separately when Congress transforms itself into a constituent assembly. Senators have opposed a joint voting as this would dwarf their votes, as they are outnumbered by members of the lower house. Arroyo also said that she opposes postponing the 2019 elections, which was suggested by Alvarez to allow more time to deliberate on the proposed constitution. However, many senators remain lukewarm to charter change despite Arroyo’s assurances.
The mid-term elections are likely to happen before Congress could approve any draft constitution.
However, the mid-term elections, if conducted as scheduled in 2019, are likely to happen before Congress could approve any draft constitution. Deliberations on the draft would require time and there is increasing demand for greater transparency and consultations. Time is running out for this. With mid-term elections proceeding within less than a year, the perennial problem during an election year will begin to hound legislators starting as early as October when candidates file their certificates of candidacy. House members are expected to be busy campaigning in their districts, even before the campaign period has not started. The leadership changes in the House coupled with the short-term urgency of many House members to get reelected or elected for other positions as well as the growing tension s between PDP-Laban and the President’s daughter’s regional party Hugpong ng Pagbabago , hint that the ‘super majority’ of the President is unravelling and charter change may take a backseat until after the elections next year.
The best scenario for those still pushing for charter change is to hope that the composition of both the Senate and the House after the May 2019 elections will remain or be more favorable for charter change. However, it is too early to make projections about the elections.
The constitution reform process also suffers from low level of popular awareness and support . Polls indicate that changing the constitution is a low public priority. Considering that the people must ultimately approve any proposed constitution in a referendum, the low level of support creates a second layer of blockage to the reform initiative. It is unclear if planned information campaigns to enhance support for the draft constitution would succeed after some controversy about possible spokespersons for the campaigns. Nevertheless, such campaigns may create better levels of understanding if they manage expectations that, while the new constitution may help address some of the problems of the country, it won’t be the solution to all problems.
It appears that the reform process would at best be delayed and at worst fail to go through.
Overall, while the draft constitution could provide a useful starting point, the need for legislative approval of the reforms could mean a modification of some of the core aspects of the draft in Congress, if not total rejection. The low priority for constitutional reform among the populace may result in a potential rejection in a referendum. Even the economic and finance secretaries in Duterte’s Cabinet have expressed some apprehension about the draft and possible risks to the economic programs of the administration should federalism be pursued. In addition, the president’s public expressions of his thoughts about stepping down early and preference for a military junta or other politicians not in the constitutional order of succession to replace him damages confidence in his commitment to constitutional reform. Increasingly, it appears that the reform process would at best be delayed and at worst fail to go through.
Professor Maria Ela L. Atienza is Chair of the Department of Political Science, University of the Philippines, Diliman.
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Leo Zoilo Manao
Jerby Udtohan
Eduardo Encarnacion
Carla Jane Seguirre
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. ARTICLE I NATIONAL TERRITORY 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.
Lorraine De Jesus
Eduardo Gumba
Tara Zamora
julius ruiz
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1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. 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 ...
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President Duterte has endorsed a draft constitution to the two Houses of Congress for their consideration, bringing the Philippines closer than ever to changing its 1987 Constitution, which has not been amended so far. The draft includes notable innovations, including a proposed shift to a federal system and anti-dynasty provisions.
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