Salient Points of The Draft Charter

SALIENT POINTS OF
THE DRAFT
CHARTER
By: Rodolfo “RV” Vicerra*
* Former Director-General, Congressional Planning and Budget Office, House of Representatives

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”

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

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

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

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.

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.

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.

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.

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.

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
Federal Administrative
Court
 Civil service cases, elections, audits,
competition law, cases from Ombudsman
Federal Electoral Court
 Election cases
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.

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

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

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

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

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.

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

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.

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.

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.

EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE, AND SPORTS
THE FAMILY
No significant changes.
No significant changes.

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

Other Areas of Concern
Costs of
Shifting to
Federalism
 Choose a relevant year
 Refer to www.dbm.gov.ph
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

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

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, https://www.rappler.com/newsbreak/flashback/193825-past-attempts-charter-change-
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

[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.

Salient Points of The Draft Charter

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Salient Points of The Draft Charter