People's Draft establishes democratic principles

PEOPLE'S DRAFT
Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God,i 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 liberty, truth, justice, love, equality and
peace, do ordain this Constitution.ii
ARTICLE I, National Territory
Section 1. 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.iii
ARTICLE II, Principles and Policies
Section 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them.iv
Section 2. The defense of the State is the prime duty of government, and in the fulfillment of this duty all citizens
shall be required by law to render personal military or civil service.v
Section 3. 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.vi
Section 4. The State recognizes the sanctity of the family. The State shall equally protect the life of the mother
and the life of the unborn from conception.vii
Section 5. Civilian authority shall be supreme over the military. The Armed Forces of the Philippines shall be
the protector of the people and the State. It shall secure the sovereignty of the people, the establishment of the State,
and the integrity of the national territory.viii
Section 6. Public office is a public trust. Public officers and employees shall serve with responsibility, integrity,
loyalty, and efficiency, and be accountable to the people.ix
Section 7. 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. x
Section 8. The State shall promote social justice, regulate the ownership and use of property, afford protection
to labor, and provide social services.xi
Section 9. The State shall empower the youth in nation-building.xii
ARTICLE III, Citizenship
Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.
(2) Those whose fathers and mothers are citizens of the Philippines.
(3) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine
citizenship, pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.xiii
(4) Those who are naturalized in accordance with law.xiv
(5) Those who reacquire citizenship as provided by law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.xv
Section 3. It shall be the duty of the citizen to be loyal to the Republic, honor the Philippine flag, defend the
State, uphold the Constitution, obey the laws, cooperate with duly constituted authorities, contribute to the general
welfare, render community service and provide family support.xvi
Section 4. 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. Congress shall provide a system for the purpose of
securing the secrecy and sanctity of the vote.xvii
ARTICLE IV, Bill of Rights
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Section 1. 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.xviii
Section 2. Private property shall not be taken for public use without just compensation.xix
Section 3. 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.xx
Section 4. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety and order require otherwise.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in
any proceeding.xxi
Section 5. 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.xxii
Section 6. 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.xxiii
Section 7. The right to form associations or societies for purposes not contrary to the law shall not be
abridged.xxiv
Section 8. 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.xxv
Section 9. 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.xxvi
Section 10. No law impairing the obligation of contracts shall be passed.xxvii
Section 11. No ex post facto law or bill of attainder shall be enacted.xxviii
Section 12. No person shall be imprisoned for debt or non-payment of a poll tax.xxix
Section 13. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.xxx
Section 14. 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.xxxi
Section 15. All persons, shall have the right to a speedy disposition of their cases in all judicial, quasi-judicial,
or administrative bodies.xxxii
Section 16. No person shall be held to answer for a criminal offense without due process of law.xxxiii
Section 17. All persons, except those charged with offenses punishable by reclusion perpetua or life
imprisonment when evidence of guilt is strong shall, before conviction, be bailable by sufficient sureties. Excessive bail
shall not be required.xxxiv
Section 18. 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.xxxv
Section 19. 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.xxxvi
Section 20. Excessive fines shall not be imposed nor cruel or unusual punishment inflicted. xxxvii
Section 21. 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.xxxviii
Section 22. Free access to the courts, quasi-judicial or administrative bodies shall not be denied to any person
by reason of poverty.xxxix
ARTICLE V, Congressxl
Section 1. The Legislative power shall be vested in Congress.xli

Section 2. Unless otherwise provided by law,xlii Congress shall be composed of not more than two hundred
forty-five district representatives, elected from among the provinces, cities and metropolitan areas; xliii of not more than
sixty-one sectoral and people's representatives, who shall be elected from among the sectors and peoples; xliv and of
twenty-four regional representatives who shall be elected from among the regions.xlv
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District representatives shall be apportioned among the provinces, cities and metropolitan areas 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. xlvi
Sectoral and people's representativesxlvii shall constitute twenty percent of the total number of district, sectoral
and people's representatives,xlviii excluding the regional representatives.xlix
Congress may by law change the name of Congress and the title of its members.l
Section 3. (1) The Members of Congress shall be elected for a term of five years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election.li
(2) In case Congress is dissolved, the Members elected in new elections shall serve the unexpired portion of
the term from the time the President convenes Congress, which shall not be later than thirty days immediately following
the elections.lii
(3) Unless otherwise provided by law, no Member of Congress shall serve for more than three consecutive
terms. liii
(4) Congress shall by law provide for a system of recall for district, regional, sectoral and people's
representatives.liv
(5) Unless otherwise provided by law, the recall of any elective district, regional, sectoral or people's
representative may be validly initiated upon petition of at least twenty-five percent of the total number of registered
voters in the district, region, sector or people concerned during the election in which the representative sought to be
recalled was elected.lv The recall of a district or regional representative may also be validly initiated through a resolution
adopted by a majority of all the members of a preparatory recall assembly comprised of all the city and municipal
councilors of the district or region, unless Congress provides otherwise.lvi
(6) Unless otherwise provided by law, any elective district, regional, sectoral or people's representative may be
the subject of a recall election only once during the term of office concerned for loss of confidence, and no recall shall
take place within one year from the date of the representative's assumption to office or one year immediately preceding
a regular election.lvii
Section 4. No person shall be a Member of Congress 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
or region in which he shall be elected, and a resident of the district or region concerned for a period of not less than
one year immediately preceding the day of the election.lviii
Section 5. (1) Unless otherwise provided by law, the regular election of Members of Congress shall be held on
the second Monday of May and every five years thereafter.lix
(2) In case a vacancy arises in Congress one year or more before a regular election, the Commission on
Elections shall call a special election to be held within sixty days after the vacancy occurs. lx
Section 6. Congress 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 President to
consider such subjects or legislation as he may designate.lxi
Section 7. (1) Congress shall by a majority vote of all its Members, elect its Speaker from the Members thereof.
It shall choose such other officers as it may deem necessary.lxii The election of the President shall precede all other
business following the election of the Speaker.lxiii
(2) A majority of Congress shall constitute a quorum to do business, but a smaller number may adjourn from
day to day and may compel the attendance of absent Members in such manner, and under such penalties, as Congress
may provide.lxiv
(3) Congress may determine the rules of its proceedings, punish its Members for disorderly behavior, and with
concurrence of two-thirds of all its Members, suspend or expel a Member, but if the penalty is suspension, this shall
not exceed sixty days.lxv
(4) Congress shall keep a Journal of its proceedings, and from time to time publish the same, excepting such
parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of
one-fifth of the Members present, be entered in the Journal.lxvi
Section 8. (1) The salaries of the Speaker and the Members of Congress shall be fixed by law. No increase in
salary shall take effect until after the expiration of the term of the Members of Congress approving such increase.lxvii
(2) The records and books of accounts of Congress shall be open to the public in accordance with law, and
such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for
each Member.lxviii
Section 9. A Member of Congress 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
Congress shall surrender the Member involved to the custody of the law within twenty-four hours after a recess or
adjournment for its next session,lxix 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 Congress or in any committee thereof.lxx
Section 10. A Member of Congress shall not hold any other office or employment in the government, or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations with original
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charters during his tenure, except that of President or Member of the Cabinet or ex-officio member of a regional
assembly. 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 Congress.lxxi
Section 11. No Member of Congress shall appear as counsel before any court, or before any administrative
body.lxxii 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 with original charter, during his term of office. He shall not intervene in any matter
before any office of the government for his pecuniary benefit.lxxiii
Section 12. (1) There shall be a question hour at least once a month or as often as the rules of Congress may
provide, which shall be included in its agenda, during which the President or any Member of the Cabinet may be
required to appear and answer questions and interpellations by Members of Congress. Written questions shall be
submitted to the Speaker at least three days before a scheduled question hour. Interpellations shall not be limited to
the written questions, but may cover matters related thereto. The agenda shall specify the subjects of the question hour.
When the security of the State so requires and the President so states in writing, the question hour shall be conducted
in executive session.lxxiv
(2) Congress or any of its committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in such inquiries shall be respected. lxxv
Section 13. (1) The President serves on the basis of the trust and confidence of Congress. lxxvi Congress may
withdraw its confidence from the President by a vote of two-thirds of all its Members.lxxvii Upon the removal of the
President, the Deputy President shall act as President until a successor is elected. A successor President shall be
elected by a majority vote of all the Members of Congress.lxxviii No motion for the removal of the President and the
election of a successor shall be debated and voted upon until after the lapse of three days from the submittal of such
motion.lxxix
(2) The President may advise the Head of State in writing to dissolve Congress whenever the need arises for
a popular vote of confidence on fundamental issues, but not on a matter involving his personal integrity. Whereupon,
the Head of State shall dissolve Congress not later than ten days from his receipt of the advice, and call for an election
on a date set by the President which shall not be later than sixty days from the date of such dissolution. However, no
dissolution of Congress shall take place within nine months immediately preceding or immediately following a regular
election.lxxx
(3) In case of dissolution of Congress or the termination of its regular term, the incumbent President and the
Cabinet shall continue to conduct the affairs of government until the new Congress is convoked and a new President
is elected and qualified.lxxxi
Section 14. (1) Except as otherwise provided in this Constitution, no treaty shall be valid and effective unless
concurred in by a majority of all the Members of Congress.lxxxii
(2) Congress, by a vote of two-thirds of all its Members, shall have the sole power to declare the existence of
a state of war.lxxxiii
Section 15. In times of war or other national emergency, Congress may by law authorize the President, 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 Congress, such powers shall cease upon its
next adjournment.lxxxiv
Section 16. (1) The President shall submit to Congress within thirty days from the opening of each regular
session, as the basis of the general appropriations bill, a budget of receipts based on existing and proposed revenue
measures, and of expenditures. The form, content, and manner of preparation of the budget shall be prescribed by
law.lxxxv
(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically
to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates.lxxxvi
(3) The procedure in approving appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.lxxxvii
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by
funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal
included therein.lxxxviii
(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the Speaker,
and the Chief Justice of the Supreme Court, may by law be authorized to augment any item in the general
appropriations law for their respective offices from saving in other items of their respective appropriations. lxxxix
(6) If, by the end of the fiscal year, Congress shall have failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall
remain in force and effect until the general appropriations bill is passed by Congress. xc
Section 17. (1) The rule of taxation shall be uniform and equitable. Congress shall evolve a progressive system
of taxation.xci
(2) Congress may by law authorize the President to fix within specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties
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or imposts.xcii
(3) Charitable institutions, churches, personages or convents appurtenant thereto, mosques and non-profit
cemeteries, and all lands, buildings and improvements actually, directly, and exclusively used for religious or charitable
purposes shall be exempt from taxation.xciii
(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members
of Congress.xciv
Section 18. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by
law.xcv
(2) No public money or property shall ever be appropriated, applied, paid, or used, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion or for the use,
benefit, or support of any priest, preacher, minister, imam, or other religious teacher or dignitary as such, except when
such priest, preacher, minister, imam, or other religious teacher or dignitary is assigned to the armed forces, or to any
penal institution, or government orphanage or leprosarium.xcvi
Section 19. (1) No bill shall become a law unless it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to the Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter,
and the yeas and nays entered in the Journal.xcvii
(2) Every bill passed by Congress shall embrace only one subject which shall be expressed in the title
thereof. xcviii
(3) No bill except those of local application shall be calendared without the prior recommendation of the
Cabinet.xcix
Section 20. (1) Every bill passed by Congress shall, before it becomes a law, be presented to the President. If
he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to Congress.
The bill may be reconsidered by Congress and, if approved by two-thirds of all its Members, shall become a law. The
President shall act on every bill passed by Congress within thirty days after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.c
(2) The President shall have the power to veto any particular item or items in appropriation, revenue, or tariff
bill, but the veto shall not affect the item or items to which he does not object.ci
Section 21. Congress shall by law provide for a system of initiative and referendum whereby the people can
directly propose and enact, or approve or reject, laws or ordinances. cii Unless Congress provides otherwise, the
people’s initiative shall be upon petition of at least three per centum of the total number of registered voters, of which
every legislative district is represented by at least one per centum of the registered voters therein.ciii
ARTICLE VI, President
Section 1. Executive power shall be vested in the President.civ

Section 2. (1) The President shall be the chief executive cv and head of the cabinetcvi. As chief executive, the
President shall be known as Pangulo. As head of the cabinet, the President shall be known as Punong Kalihim. A
member of the cabinet shall be known as Kalihim. Congress may by law change the title of the President and the
members of the cabinet.cvii
(2) Congress shall by law establish a council of state.cviii The council of state shall be empowered to provide
advice to all branches or subdivisions of government, and to all sectors and communities of the people, in all matters
of national interest. The head of state shall be the head of the council of state. The council of state shall be known as
the Lupong Pambansa. Congress may by law change the name of the council of state.cix
Section 3. (1) The President shall be elected from among the Members of Congress by a majority vote of all
its Members.cx
(2) No person may be elected President unless he is at least forty 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. cxi However, if no
Member of Congress is qualified or none of those qualified is a candidate for President, any Member thereof may be
elected President.
Section 4. There shall be a head of state who shall be elected by a majority of all the Members of Congress.cxii
The head of state shall be known as Lakan. Congress may by law change the title of the head of state.cxiii Congress
shall by law provide for the powers, functions, qualifications, compensation, emoluments, and term of office of the head
of state. In the absence of a head of state elected by Congress, the President shall exercise the powers of the head of
state.cxiv
Section 5. (1) The President shall have an official residence and shall receive a compensation to be fixed by
law, which shall not be increased or decreased during his term of office. He shall not receive during his tenure any
other emolument from the government or any other source.cxv
(2) The President shall not during his tenure, hold any appointive office, practice any profession, participate
directly or indirectly in the management of any business, or be financially interested directly or indirectly in any contract
with, or in any franchise or special privilege granted by, the government or any subdivision, agency, or instrumentality
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thereof, including government-owned or controlled corporations with original charters.cxvi
Section 6. In case of permanent disability, death, removal from office, or resignation of the President, the
Speaker of Congress shall act as President until a successor has been elected.cxvii
Section 7. The President shall have the following duties and functions:
(1) Address Congress at the opening of its regular session.cxviii
(2) Advise the Head of State to dissolve Congress and call for a general election as provided herein.cxix
(3) Accept the resignation of any member of the Cabinet.cxx
(4) Attest to the appointment or cessation from office of members of the Cabinet, and of other officers as may
be provided by law.cxxi
(5) Appoint all officers and employees in his office in accordance with the civil service law. cxxii
Section 8. The President shall be immune from suit during his tenure.cxxiii
Section 9. The President shall be assisted by the Cabinet in the exercise of executive power. The Cabinet shall
consist of the Secretaries or heads of departments as provided by law. The President shall be the head of the
government.cxxiv
Section 10. The President and the Cabinet shall be responsible to Congress for the program of government
and shall determine the guidelines of national policy.cxxv
Section 11. The President shall appoint the members of the Cabinet who shall be the heads of departments at
least a majority of whom shall come from Congress. Members of the Cabinet may be removed at the discretion of the
President.cxxvi
Section 12. (1) The President shall appoint a Deputy President from among the Members of Congress. The
Deputy President shall head a department and shall perform such other functions as may be assigned to him by the
President.cxxvii
(2) The President shall also appoint the Undersecretaries who shall perform such functions as may be assigned
to them by law or by the respective heads of departments.cxxviii
Section 13. The President and the Members of the Cabinet, on assuming office, shall take the following oath
or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as (name of position) of the
Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to
the service of the Nation. So help me God." (In case of affirmation, the last sentence will be omitted) cxxix
Section 14. The salaries and emoluments of the Members of the Cabinet shall be fixed by law which shall not
be increased or decreased during their tenure of office.cxxx
Section 15. The President and the Members of the Cabinet shall be subject to the provisions of sections ten
and eleven of Article Five 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.cxxxi
Section 16. The President or any Member of the Cabinet may resign for any cause without vacating his seat in
Congress.cxxxii
Section 17. The President shall, at the beginning of each regular session of Congress, and from time to time
thereafter, present the program of government and recommend for the consideration of Congress such measures as
he may deem necessary and proper.cxxxiii
Section 18. The President shall have control of all departments.cxxxiv
Section 19. The President 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.cxxxv
Section 20. The President 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,
Congress 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.cxxxvi
Section 21. The President may, except in cases of impeachment grant reprieves, commutations, and pardons,
remit fines and forfeitures after final conviction, and with the concurrence of Congress, grant amnesty. cxxxvii
Section 22. The President 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.cxxxviii
Section 23. All executive powers under 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 President, unless Congress provides otherwise.cxxxix
ARTICLE VII, Supreme Court
Section 1. The Judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.cxl Congress 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 5 thereof.cxli
Section 2. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. The
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Supreme Court shall by a majority vote of all its Members, elect its Chief Justice. It may sit en banc or in divisions of
three, five, or seven Members.cxlii
(2) All cases involving the constitutionality of a treaty, executive agreement, or law shall be heard and decided
by the Supreme Court en banc, and no treaty, executive agreement, or law may be declared unconstitutional without
the concurrence of at least ten Members. All other cases, which under its rules are required to be heard en banc, shall
be decided with the concurrence of at least eight Members.cxliii
(3) Cases heard by a division shall be decided with the concurrence of at least a majority of all the Members
of the division, and in no case, without the concurrence of at least three, but if such required number is not obtained,
the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the Court in a decision
rendered en banc or in a division may be modified or reversed except by the Court sitting en banc.cxliv
Section 3. (1) No person shall be appointed Member of the Supreme Court unless he is a natural born citizen
of the Philippines, at least forty years of age, and has for ten years or more been a judge of a court of record or engaged
in the practice of law in the Philippines.cxlv
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed
judge thereof unless he is a natural-born citizen of the Philippines and a member of the Philippine Bar.cxlvi
Section 4. The Members of the Supreme Court and judges of lower courts shall be appointed by the
President.cxlvii
Section 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review and revise, reverse, modify, or affirm on appeal or certiorari, as the law or the rules of court may
provide, final judgments and decrees of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, executive agreement, law, ordinance, or
executive order or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is death or life imprisonment.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not last longer than six months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the practice
of law, and the integrated bar.cxlviii Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights.
(6) Appoint its officials and employees in accordance with law.cxlix
Section 6. The Judiciary shall enjoy fiscal autonomy.cl The Supreme Court shall have administrative supervision
over all courts and the personnel thereof.cli It shall be authorized to establish and maintain an internal security force.clii
Section 7. The Members of the Supreme Court and judges of lower 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 lower courts and, by a vote of at least eight Members, order their
dismissal.cliii
Section 8. 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 lower collegiate courts.cliv
Section 9. 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.clv
Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges
of lower courts shall be fixed by law, which shall not be decreased during their continuance in office. clvi
Section 11. (1) The Supreme Court shall by its rules provide for the maximum period within which a case or
matter shall be decided or resolved from the date of its submission. Unless otherwise provided by the Supreme Court,
the maximum period shall be eighteen months for the Supreme Court, twelve months for all lower collegiate courts,
and three months for all other lower courts.clvii
(2) Unless otherwise provided under the rules promulgated by the Supreme Court, with respect to the Supreme
Court and other collegiate appellate courts, when the applicable maximum period shall have lapsed without the
rendition of the corresponding decision or resolution, because the necessary vote cannot be had, the judgment, order,
or resolution appealed from shall be deemed affirmed, except in those cases where a qualified majority is required and
in appeals from judgments of conviction in criminal cases, and in original special civil actions and proceedings for
habeas corpus, the petition in such cases shall be deemed dismissed, and a certification to this effect signed by the
Chief Magistrate of the court shall be issued and a copy thereof attached to the record of the case.clviii
7
Section 12. The Supreme Court shall, within thirty days from the opening of each regular session of Congress,
submit to Congress and the President an annual report on the operations and activities of the Judiciary.clix
Section 13. The Justices of the Supreme Court 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. clx
Section 14. Congress shall have the exclusive power to initiate, try, decide all cases of impeachment. Upon
the filing of a verified complaint, Congress 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 Congress
sits in impeachment cases, its Members shall be on oath or affirmation.clxi
ARTICLE VIII, General Provisions
Section 1. 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.clxii
Section 2. Unless Congress provides otherwise, the national language or wikang pambansa shall be based on
Tagalog, enriched by the other local languages, including Cebuano, Ilocano, Hiligaynon, Waray-Waray, Bikol,
Kapangpangan, Pangasinan, Maranao, Tausug, Maguindanao and Kinaray-a, among others.clxiii The official languages
of the Philippines shall be the wikang pambansa and English.clxiv The regional languages shall be auxiliary official
languages in the regions.clxv Spanish and Arabic shall be promoted.clxvi
Section 3. Congress may by law adopt a new name for the country, a flag, a national anthem, a national
language, and a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the
people. Such law shall take effect only upon its ratification by the people in a national referendum. clxvii
Section 4. The State may not be sued without its consent.clxviii
Section 5. The separation of the church and the State shall be inviolable.clxix
Section 6. The State shall have one national military force.clxx
Section 7. The State shall have one national police force.clxxi
Section 8. No elective or appointive public officer or employee shall receive accept, without the consent of
Congress, any present, emolument, office or title of any kind from any foreign state.clxxii
Section 9. (1) All educational institutions shall subject to the supervision and regulation by the State.clxxiii
(2) All institutions of higher learning shall enjoy academic freedom.clxxiv
(3) The State shall establish system of free public elementary and high school education.clxxv
(4) The State shall recognize the Madrasah education system.clxxvi
Section 10. Congress shall by law recognize the titles of royalty of the southern sultanates of Sulu,
Maguindanao and Lanao.clxxvii The legal recognition shall be within the framework of the Constitution, and subject to
the sovereignty of the people, the powers of the government, the establishment of the State, the patrimony of the nation,
and the integrity of the national territory.
Section 11. The State shall consider the customs, traditions, beliefs, and interests of the indigenous peoples in
the formulation and implementation of State policies.clxxviii Congress shall recognize, respect and protect the rights of
the indigenous peoples to their ancestral lands within the framework of the Constitution.clxxix
Section 12. With the exception of agricultural, industrial, 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, renewable for
another 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.clxxx
Section 13. No franchise, certificate, or any other form of authorization for the operation of a public utility shall
be exclusive in character or for a longer period than 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 Congress when the public
interest so requires.clxxxi
Section 14. The right of the State to recover properties unlawfully acquired by public officials or employees,
from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. clxxxii
Section 15. The State shall promote local government autonomy.clxxxiii The President shall exercise general
supervision over local government units.clxxxiv
Section 16. The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities,
and barangays.clxxxv No province, city, municipality, or barangay 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 units or sub-units directly affected and may
change legal status.clxxxvi Congress may set requirements for the creation of a local government unit based on income,
population, land area and culture.clxxxvii
Section 17. Congress may by law create, divide, merge, abolish or substantially alter boundaries of regional
authorities which shall form part of the national government.clxxxviii The President shall have control of the regional
authorities as instrumentalities of the national government.clxxxix
Section 18. Congress may by law create, divide, merge, abolish or substantially alter boundaries of
autonomous regions as territorial and political subdivisions, subject to the approval by a majority of the votes cast in a
8
plebiscite in the provinces and cities directly affected and may change legal status. cxc Congress may by law set
requirements for the creation of an autonomous region, based on income, population, land area and culture.cxci The
vesting of powers in autonomous regions shall be accompanied by the provision of resources to perform their
functions.cxcii They shall have the power to create their own sources of revenue, a just share in the national taxes and
an equitable share in the national wealth within their respective areas, in accordance with law.cxciii The President shall
exercise general supervision over the autonomous regions as local government units. cxciv
Section 19. The powers not granted to the autonomous regions by this Constitution or by law are deemed
vested in the national government of the State.
ARTICLE IX, Federal State, Component State
Section 1. A Federal State shall be established from the present unitary state upon the creation of at least
one Component State.cxcv No Component State may secede from the Federal State under this Constitution.
Section 2. The creation of a Component State may be initiated by a resolution of Congress or the regional
assembly, or directly by the people through initiative. The creation of a Component State by a resolution of Congress
or the regional assembly, shall be valid when ratified by a majority of the votes cast in a plebiscite, which shall be held
not later than three months after the approval of such resolution. The creation of a Component State by people's
initiative shall be valid when ratified by a majority of the votes cast in a plebiscite, which shall be held not later than
three months after the certification by the Commission on Elections of the sufficiency of the petition.
Section 3. Component States may be created, divided, merged, abolished or boundaries substantially altered
when ratified by a majority of the votes cast in a plebiscite in the provinces and cities directly affected and may change
legal status.cxcvi Congress may by law set requirements for the creation of a Component State, based on income,
population, land area and culture.cxcvii The vesting of powers in Component States shall be accompanied by the
provision of resources to perform their functions.cxcviii They shall have the power to create their own sources of
revenue, a just share in the federal taxes in the absence of equivalent taxes by the Component State, and an equitable
share in the national wealth within their respective areas, in accordance with federal law.cxcix
Section 4. The areas without a Component State shall be under the sole jurisdiction of the Federal State.
Section 5. Upon the establishment of the Federal State, this Constitution shall be the federal constitution, and
the national laws shall be the federal laws.
Section 6. The federal constitution, the laws of the Federal State made in pursuance thereof, and all treaties
made under the authority of the Federal State, shall be the supreme law of the land. The courts in every Component
State shall be bound thereby, anything in the constitution or laws of any Component State to the contrary
notwithstanding.cc
Section 7. A Component State shall be authorized to establish and maintain an internal security and safety
force. cci However, no Component State shall establish or maintain any military force or police force. Only the Federal
State shall establish a military force and police force.ccii
Section 8. No Component State shall enter into any treaty, alliance, or confederation.cciii Only the Federal State
may enter into any treaty, alliance, or confederation.
Section 9. No Component State shall, without the consent of Congress, issue any currency or money for use
as a medium of exchange.cciv
Section 10. No Component State shall, without the consent of Congress, impose taxes or duties on imports or
exports.ccv No Component State shall, without the consent of Congress, impose any income tax or value added tax.
Section 11. No Component State shall, without the consent of Congress, enact legislation on banking,
insurance, commerce (on goods and services), insolvency, intellectual property rights, professional practice,
immigration and naturalization.ccvi
Section 12. Unless Congress or the legislative assembly of the Component State provides otherwise, the
appellate courts and trial courts of the Federal State shall be vested with judicial power to hear and decide all cases
arising under the laws of the Component State.
Section 13. The powers not granted to the Component States under this Constitution are deemed vested in
the Federal State.ccvii
ARTICLE X, Amendmentsccviii
Section 1. Any amendment to this Constitution may be proposed by Congress upon a vote of three-fourths of
all its Members.ccix Congress may, by a vote of two-thirds of all its Members, call a constitutional convention to amend
this Constitution.ccx Amendments to this Constitution may also be proposed directly by the people through initiative in
accordance with law.ccxi Unless Congress provides otherwise, the people’s initiative shall be upon petition of at least
three per centum of the total number of registered voters, of which every legislative district is represented by at least
one per centum of the registered voters therein.ccxii
Section 2. Any amendment to this Constitution by constituent assembly, constitutional convention or people's
initiative shall be valid when ratified by a majority of the votes cast in the plebiscite.ccxiii
9
ARTICLE XI, Transitory Provisions
Section 1. The President, Vice-President, Senate, Congress, Supreme Court, Civil Service Commission,
Commission on Elections, Commission on Audit, Ombudsman, Bangsamoro Autonomous Region for Muslim Mindanao,
local government units, and all other agencies, instrumentalities, subdivisions, courts and offices of all branches of
government established or organized under the 1987 Constitution shall continue to exist, discharge their functions and
exercise their powers upon the ratification of this Constitution, except as otherwise provided herein. The qualification,
election, powers, functions and removal of the President, Vice-President, Senators and Representatives elected on the
second Monday of May 2022, shall continue to be governed by the applicable provisions of the 1987 Constitution, until
noon of the thirtieth day of June of 2025. The Senate and Congress under the 1987 Constitution shall be dissolved at
noon on the thirtieth day of June of 2025.ccxiv However, the senators elected on the second Monday of May of 2022,
shall continue to serve as legislators and ex-officio members of the first Congress under this Constitution, until noon of
the thirtieth day of June of 2028. The President and Vice-President elected on the second Monday of May of 2022 shall
continue to serve as such until noon of the thirtieth day of June of 2028. They may not be removed from office, except
by impeachment under the 1987 Constitution, until noon of the thirtieth day of June of 2025. Thereafter, they may be
removed from office by vote of no confidence under this Constitution.
Section 2. All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the past
and present Presidents shall continue to be part of the law of the land, and shall remain valid, legal, binding, and
effective even after the Members of the new Congress and the new President shall have been elected and shall have
assumed office, unless modified, revoked, or superseded by this Constitution or the appended Ordinance, by
subsequent proclamations, orders, decrees, instructions, or unless expressly or impliedly modified or repealed by
Congress or the President. ccxv The provisions of Article XII of the 1987 Constitution, and of Rep. Act. No. 8179,
regarding the ownership of private lands by foreign nationals, shall remain valid, unless otherwise provided by law. ccxvi
Section 3. All existing laws consistent with this Constitution shall remain operative until amended, modified, or
repealed by Congress.ccxvii All existing laws inconsistent with this Constitution, including its default provisions and the
appended Ordinance, shall be deemed amended or repealed accordingly.
Section 4. All courts existing at the time of the promulgation of this Constitution shall continue to exercise their
jurisdiction, until otherwise provided by law. 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 and procedural laws consistent with this Constitution
shall remain operative, unless amended, modified, or repealed by Congress or the Supreme Court. ccxviii
Section 5. All officials and employees in the existing executive branch of government of the Republic of the
Philippines, including the Civil Service Commission, the Commission on Elections, the Commission on Audit, and the
Ombudsman, shall continue in office until otherwise provided by law or decreed by Congress.ccxix
Section 6. All officials and employees in the existing judicial branch of government of the Republic of the
Philippines, including the appellate courts and trial courts, shall continue in office until otherwise provided by law or
decreed by Congress. The Justices of the Supreme Court shall continue to hold office, discharge their functions and
exercise their powers upon the ratification of this Constitution, and until they are retired or removed from office under
the new Constitution.ccxx
Section 7. All treaties, executive agreements, and contracts entered into by the government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled corporations with original charters are
hereby recognized as legal, valid and binding. When the national interest so requires, the President 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.ccxxi
Congress shall promote local and foreign investments for job creation, price reduction and tax generation.ccxxii
Except as otherwise provided herein, all laws and regulations that impose nationality requirements on the ownership
and management of property are hereby repealed, ccxxiii subject to oversight and limitation by Congress. ccxxiv The
disposition of alienable lands of the public domain, small-scale mining and micro-enterprises, shall be limited to Filipino
citizens and to legal entities wholly owned by them, unless otherwise provided by law. ccxxv The ownership of private
lands shall be limited to Filipino citizens and to legal entities at least sixty per centum of the capital is owned by them,
unless otherwise provided by law.ccxxvi To protect national security, Congress or the President may establish a foreign
investment council vested with authority to review, investigate, mitigate risks, suspend or prohibit covered
transactions. ccxxvii To advance national interest, Congress or the President may require reciprocity in foreign
investments.ccxxviii
Section 8. 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.ccxxix
Section 9. All the provinces, cities, municipalities, barangays and the Bangsamoro Autonomous Region for
Muslim Mindanao existing at the time of the promulgation of this Constitution shall continue as presently constituted
but their functions, powers, and composition may be altered by law.ccxxx
Section 10. The elections for the representatives of districts, regions, sectors and peoples of the first Congress
under this Constitution shall be held on the second Monday of May of 2025.ccxxxi Unless otherwise provided by law, the
Commission on Elections shall reapportion the city and municipal legislative districts, to provide for one councilor for
10
every district based on the number of registered voters at the barangay level, for the elections on the second Monday
of May of 2025.ccxxxii
Section 11. Unless Congress provides otherwise, all contests relating to the election, returns and qualifications
of all elective officials arising under this Constitution, shall be under the exclusive original jurisdiction of the trial courts
of general jurisdiction, subject to judicial remedies on appeal or certiorari.ccxxxiii
Section 12. This Constitution shall take effect immediately upon its promulgation, and except as herein provided,
shall supersede the Constitution of nineteen hundred and eighty-seven (1987).ccxxxiv
ORDINANCE
Section 1. Unless Congress provides otherwise, the district representatives shall be apportioned according to
the allocation of seats under the Eighteenth Congress of the Philippines.ccxxxv
Section 2. Unless Congress provides otherwise, the regional representatives shall represent the following
regions:
(1) The Luzon island group shall be represented by twelve representatives, the Visayas island group by six
representatives, and the Mindanao island group by six representatives.ccxxxvi
(2) The Luzon island group shall include the islands of Batanes and Catanduanes among others. The Visayas
island group shall include the islands of Mindoro, Marinduque, Romblon, Palawan, Masbate, Biliran, Guimaras and
Siquijor among others. The Mindanao island group shall include the islands of Basilan, Sulu, Tawi-Tawi, Camiguin,
Dinagat and Samal among others.
(3) The Ilocos region including Pangasinan shall be represented by two representatives, the Cordillera region
by one representative, the Cagayan region including Batanes by one representative, the Central Luzon region including
Aurora by two representatives, the Metro Manila region by three representatives, the CALABARZON region by two
representatives and the Bicol region including Catanduanes by one representative.
(4) The MIMAROPA region shall be represented by one representative, the Waray region including Biliran by
one representative, the Panay region including Guimaras by one representative, the Negros region by one
representative, and the Cebu region including Bohol, Siquijor and Masbate by two representatives.
(5) The Zamboanga region including Basilan, Sulu and Tawi-Tawi shall be represented by one representative,
the Northern Mindanao region including Camiguin by one representative, the CARAGA region including Dinagat by one
representative, the Davao region including Samal by one representative, the Cotabato region including Cotabato by
one representative, the Central Mindanao region including Cotabato City and Lanao del Norte by one
representative.ccxxxvii
Section 3. Unless Congress provides otherwise, sectoral representatives shall be comprised of sectoral
organizations of workers, farmers, fisherfolk, self-employed, teachers, health workers, government employees,
overseas workers, youth, women, elderly, micro-enterprises, small and medium enterprises, and large
enterprises. ccxxxviii Unless Congress provides otherwise, people's representatives shall be comprised of people's
organizations of the southern sultanates, northern indigenous peoples and southern indigenous peoples. ccxxxix
Congress shall allocate the seats among the sectors and peoples according to the size of their respective population
and the significance of their social and economic contributions to the State.ccxl There shall be no party-list voting.
Organizations running for sectoral or people representative must register with the government agency concerned and
be affiliated with accredited political parties. Voters may register in one sector or people category and vote
accordingly.ccxli
Section 4. Unless Congress provides otherwise, elections for congressional representatives shall be by party
voting. Ballots shall indicate not only the party's candidate for Representative, but also the party's nominee for President.
The voters shall vote for the candidate and the nominee together. However, the party may change its nominee if the
party does not win a majority of the seats and joins a coalition government, or the nominee does not win a seat in
Congress.ccxlii
Section 5. Unless Congress provides otherwise, the two-party system shall be promoted. Only the two
dominant political parties with the highest number of elected national legislators during the last national elections, shall
be entitled to official watchers and official copies of the election returns and certificates of canvass. The interests of the
other political parties shall be protected by the accredited citizens' arm.ccxliii
Section 6. Unless Congress provides otherwise, all votes cast shall be counted or audited manually in public
at the polling place immediately after voting is finished, even if the election process is automated. ccxliv
Section 7. Unless Congress provides otherwise, the council of state shall be composed of the incumbent and
former heads of state, presidents, vice-presidents, prime ministers, senate presidents, house speakers and chief
justices; the incumbent executive secretary, defense secretary and foreign affairs secretary; former executive
secretaries, defense secretaries/ministers, and foreign affairs secretaries/ministers who served for a cumulative period
of at least five years; and sectoral, people, and regional representatives as the President may appoint. In the absence
11
of a law, the President may by executive order establish a council of state.ccxlv
Section 8. Unless Congress provides otherwise, the formation and organization of provinces, cities,
municipalities and barangays shall be as follows:
(1) The national and local government functions shall be delineated. In case of conflict between the national
interest and the local interest, the national interest shall prevail.ccxlvi
(2) Local government powers shall be consolidated in cities and municipalities. The city and municipality shall
be the basic local government units.ccxlvii
(3) The members of the city council and municipal council shall be elected by district, with one councilor for
every local legislative district.ccxlviii They may be subject to recall upon petition of at least twenty-five percent of the total
number of registered voters in the district,ccxlix or by resolution of a majority of all the members of a preparatory recall
assembly comprised of all the barangay councilors of the district.ccl
(4) The city mayor and municipal mayor shall be elected by majority vote of all the members of the local council
from among themselves.ccli The mayors of cities and municipalities within the territory of a province shall be the ex-
officio members of the provincial council.cclii The provincial governor shall be elected by majority vote of all the members
of the provincial council from among themselves.ccliii
(5) The council members of barangays within the territory of a city or municipality shall be appointed by the
mayor of the city or municipality, from a list of at least three nominees for every vacancy prepared by barangay based
homeowners' associations, residential condominium corporations, and community associations. ccliv The Department of
Interior and Local Government may by implementing rules and regulations provide for the registration and grant of legal
personality to community associations of barangay residents to promote local interest. The punong barangay shall be
elected by majority vote of all the members of the barangay council from among themselves.cclv
(6) The city mayor, municipal mayor, provincial governor and punong barangay shall serve based on the trust
and confidence of the local council.cclvi They may be removed at any time for loss of confidence upon the vote of least
two-thirds of all the members of the local council.cclvii
(7) The term of office of the members of local councils shall be five years.cclviii No member of any local council
shall serve for more than three consecutive terms.cclix
Elections for city and municipal councilors shall be by party voting. Ballots shall indicate not only the party's
candidate for councilor, but also the party's nominee for mayor. The voters shall vote for the candidate and the nominee
together. However, the party may change its nominee if the party does not win a majority of the seats and joins a
coalition government, or the nominee does not win a seat in the council.
These provisions shall apply to local government officials elected under this Constitution on the second Monday
of May of 2025 and thereafter, unless Congress provides otherwise.
Section 9. In the absence of regional authorities created by law, the President shall by executive order create
regional offices of the national government to promote regional decentralization.cclx The President shall have control of
the regional offices as agencies of the national government.cclxi The creation of regional offices by the President shall
not be deemed to include the appropriation of public money or property, which is the sole prerogative of Congress.
Unless otherwise provided by the President, the regional offices shall cover the following regions: (1) Luzon region
excluding the Metropolitan Manila region, (2) Visayas region, (3) Mindanao region excluding the Bangsamoro region,
(4) Metropolitan Manila region, and (5) Bangsamoro region;cclxii and shall integrate the functions and resources of all
line departments and their attached agencies, except those under the Department of National Defense, Department of
Interior and Local Government, Department of Foreign Affairs, Department of Justice, Department of Finance,
Department of Budget and Management, National Economic Development Authority, and Bangko Sentral ng Pilipinas.
Each regional office shall be headed by a secretary of cabinet rank.
Section 10. Unless otherwise provided by Congress, autonomous regions shall be formed and organized as
follows:
(1) The district representatives, city mayors and municipal mayors within the territory of a region shall be the
ex-officio members of a unicameral regional assembly.cclxiii
(2) The regional chief executive shall be elected by majority vote of all the members of the regional
assembly.cclxiv
(3) The regional chief executive shall serve based on the trust and confidence of the regional assembly. The
chief executive may be removed at any time for loss of confidence upon the vote of least two-thirds of all the members
of the regional assembly.cclxv
(4) The term of office of the members of the regional assembly shall be five years.
(5) No member of the regional assembly shall serve for more than three consecutive terms.
Section 11. Unless otherwise provided by resolution of Congress or the regional assembly, or by people's
initiative, Component States shall be formed and organized as follows:
(1) The district representatives, city mayors and municipal mayors within the territory of a Component State
shall be the ex-officio members of a unicameral assembly.cclxvi
(2) The chief executive shall be elected by majority vote of all the members of the assembly. cclxvii
(3) The chief executive shall serve based on the trust and confidence of the assembly. The chief executive may
be removed at any time for loss of confidence upon the vote of least two-thirds of all the members of the assembly.cclxviii
(4) The term of office of the members of the assembly shall be five years.
12
(5) No member of the assembly shall serve for more than three consecutive terms.
Section 12. Unless Congress provides otherwise, two or more members of the same family shall not be allowed
to run for elective office in the same constituency during the same elections. When a family member runs for a national
elective position, the spouse and relatives within the second degree of consanguinity of such candidate shall be barred
from running for any other national elective position, but may run for a local elective position. When a family member
runs for a local elective position, the spouse and relatives within the second degree of consanguinity of such candidate
shall be barred from running for any other local elective position, but may run for a national elective position. Running
for an elective position includes being a nominee of a sectoral or people’s organization.
The People’s Draft is a crowd-sourced constitution framed in 2018-2021 at the initiative

of Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc.
Facebook: /PeoplesDraft Twitter: @PeoplesDraft
i
Email dated 14 October 2020 of Mr. Norman Cabrera, Member of the National Council of Ang Kapatiran Party, re
term “Almighty God” in lieu of “Divine Providence.”
ii
1973 Constitution, Preamble. 1987 Constitution, Preamble. “General welfare” is used in lieu of “common good”
because the former is more generally accepted in legal systems compared to the latter. For example, the
Preamble of the U.S. Constitution reads as follows: “We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United State of America.”
Email dated 06 February 2021 of SC Justice Adolfo S. Azcuna (Ret.), re value of “love.”
iii
1973 Constitution, Article I, Sec. 1. 1987 Constitution, Article I, Sec. 1. “Historic or legal title” is used in lieu of
“sovereignty or jurisdiction” in the main clause to strengthen the claims of the State and the Sultanate of Sulu to
the territory of Sabah, subject to the renunciation of war as an instrument of national policy, adoption of the
generally accepted principles of international law and adherence to the policy of peace and amity with all nations.
The retention of “sovereignty or jurisdiction” in the supplemental clause covers the Kalayaan Island Group,
Philippine Rise (Benham Rise) and exclusive economic zone (EEZ) under the United Nations Convention on the
Law of the Sea ((UNCLOS).
iv
1987 Constitution, Article II, Sec. 1. 1973 Constitution, Article II, Sec. 1. 1935 Constitution, Article II, Sec. 1.
v
vi
vii
1935 Constitution, Article II, Sec. 4. 1973 Constitution, Article II, Sec. 4. 1987 Constitution, Article II, Sec. 12, &
Article XV, Sec. 1. Email of 21 July 2018 by Dr. Bernardo M. Villegas, Co-Founder of the Center for Research and
Communication (CRC), re protection of life of the unborn. Email dated 14 October 2020 of Mr. Norman Cabrera,
Member of the National Council of Ang Kapatiran Party, re protection of life of the unborn.
viii
1987 Constitution, Article II, Sec. 3. 1973 Constitution, Article II, Sec. 8.
ix
1973 Constitution, Article XIII, Sec. 1. 1987 Constitution, Article XI, Sec. 1.
x
1935 Constitution, Article XIII, Sec. 1. 1973 Constitution, Article XIV, Sec. 8. 1987 Constitution, Article XII, Sec. 3.
Regarding the national economy, the declaration of principles and policies adopts and implements the “principle of
flexibility” where economic policy is allowed to evolve through the continuing process of legislation and policy-making,
instead of being fixed regardless of changes in the milieu. While the constitutional limitations on foreign investments
are
deleted, Congress may nonetheless adopt such limitations whenever required by “national security” or “basic
security.”
See Draft Senate Bill to Liberalize Foreign Investments, Require Reciprocity in Professional Practice, and Establish a
Foreign Investment Council, D.B.Donato, 2019.
https://www.dropbox.com/sh/398fn7r8pl7tuyu/AADUWVJwnpZBu6vxVrErNu2ha/System%20Change?dl=0
To implement the “principle of flexibility,” the article adopts the “Delete Option” suggested by Professor Alexander R.
Magno, who reasoned that since the provisions to be removed will not be replaced, then there is no need to debate
wording.
The debate on economic policy may then be conducted in the legislature. Alex Magno, Delete, First Person, Opinion,
The
Philippine Star, 13 December 2008.
13
Moreover, the “Delete Option” is preferred over the alternative suggestion of inserting the clause “unless otherwise
provided by law,” because the former provides for the immediate liberalization of certain critical sectors, while the
latter
needs to wait for implementing legislation.
In the absence “national security” or “basic security” concerns, the legal system including the constitutional
framework must be reformed immediately to liberalize foreign investments, and thereby create jobs, reduce
consumer
prices, transfer technologies, gain access to foreign markets, and strengthen anti-corruption. The
national economy must be allowed to utilize all resources available, whether domestic or foreign, to promote the full
employment of labor and the general welfare of consumers, who comprise the greater majority of the people. D.B.
Donato,
Advantages and Disadvantages of Foreign Investment Liberalization, Page 1, 14 January 2017.
As the OFW phenomenon shows, it is socially preferable to let foreign investors move into the country and hire
Filipinos locally, rather than deprive Filipinos of adequate livelihood opportunities in the country, and virtually force
them to move overseas, leaving behind their families, to work for foreign employers in a foreign land under a foreign
government. Id.
Notably, to address massive poverty, it is necessary to raise massive capital to create or support sustainable jobs.
Considering that it costs about Php100,000.00 to employ a single employee for one full year based on the lowest
minimum wage and cost of doing business, it therefore costs a staggering 400 billion pesos to employ the about
4,000,000 unemployed Filipinos for just one year. Hence, the urgent need to use all available capital resources,
including foreign investments, for job creation. Tanggulang Demokrasya (TanDem), Inc., Call to Promote Inclusive
Growth, 09 April 2017. D.B.Donato, Advantages and Disadvantages of Foreign Investment Liberalization, 14 January
2017. D.B.Donato, Do's and Don'ts of “System Change,” 10 September 2016.
Comments of Dr. Bernardo M. Villegas, Co-Founder of the Center for Research and Communication (CRC) during
the Webinar on “Boosting the Economy: Moving Fast Forward and Up,” 04 November 2020, organized by Tanggulang
Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc. re foreign investments, as follows: “(Agriculture) can be
helped … For example, Kennemer has taken over 2,000 hectares in Palawan so that we can graduate also into
cacao exports, and not only bananas and pineapples … There are many high value crops where foreigners can help
us … (Education) can be helped … If we have the top business schools in Europe … like IESE, INSEAD, ING and so
forth, looking at the Philippines because of our ability to speak English as a center for management and other
education in Asia, why don’t we allow them to come in to partner with AIM or Ateneo etc. … We are so closed to
investments in education and media. Those are the two sectors I would like to open up.”
See Orion Perez Dumdum, It's all about Competition, 28 January 2012.
xi
xii
1987 Constitution, Article II, Sec. 13. 1973 Constitution, Article II, Sec. 5.
xiii
1935 Constitution, Article III, Sec. 1(4). 1973 Constitution, Article IV, Sec. 1(3). 1987 Constitution, Article IV, Sec.
1(3).
xiv
1973 Constitution, Article III, Sec. 1. 1987 Constitution, Article IV, Sec. 1.
xv
1987 Constitution, Article IV, Sec. 2. 1973 Constitution, Article III, Sec. 4.
xvi
1973 Constitution, Article V, Sec. 1.
xvii
1973 Constitution, Article VI, Sec. 1. 1987 Constitution, Article V, Secs. 1 & 2.
xviii
1935 Constitution, Article III, Sec. 1(1). 1973 Constitution, Article IV, Sec. 1. 1987 Constitution, Article III, Sec. 1.
xix
xx
xxi
xxii
xxiii
xxiv
xxv
xxvi
xxvii
1935 Constitution, Article III, Sec. 1(10). 1973 Constitution, Article IV, Sec. 11. 1987 Constitution, Article III, Sec.
10.
xxviii
22.
xxix
20.
xxx
18.
14
xxxi
15.
xxxii
xxxiii
14.
xxxiv
13.
xxxv
14.
xxxvi
17.
xxxvii
19.
xxxviii
21.
xxxix
11.
xl
The article on Congress establishes in principle and substance a unicameral parliament by merging Congress with
the President. The merger is implemented by granting Congress the power to hire-and-fire the President.
Notwithstanding the shift in structure, the use of American terminology is retained throughout the article because this
is the language familiar to the people. Notably, there is no material change in the nature and extent of the
government powers and functions of Congress and the President, other than the change in the power or mechanism
to “hire-and-fire” the President.
The new unicameral parliamentary system is preferred over the old bicameral presidential system on the following
grounds:
(a) the new system avoids the institutional gridlock and duplication of functions between the Senate and the
House of Representatives under the old system; We Care – Explanatory Notes, Proposed Constitutional
Amendments for a Unicameral Parliament, pages 1-3, 12 October 2011;
(b) the new system avoids the institutional gridlock between Congress and the President, by merging the
President with Congress, which will be the functional parliament; Id, pages 1-4;
(c) the new system strengthens the capability of the political branch of government, comprised of the
legislature and the executive, to enact and implement law reforms, by consolidating control of both the legislature and
the executive under a unicameral Congress; Id, page 4;
(d) the new system eliminates the bias for “rich” and “famous” candidates, by replacing the “elections at
large” for the President and the Senators, with “elections by district” for the President and regional elections for
Regional Representatives who will substitute the Senators; Id, pages 1 & 4-5;
(e) the new system strengthens the accountability of the President by empowering Congress to replace
him/her at any time through a mere “no-confidence” vote, and without need for conducting a tedious impeachment
and conviction process;
(f) the new system strengthens the accountability of Congress by empowering the Head of State, upon
advice of the President, to dissolve Congress on fundamental issues;
(g) the new system strengthens the accountability of the Members of Congress by providing for a new
mechanism of recall, similar to the process applied to elective local government officials.
xli
1973 Constitution, Article VIII, Sec. 1. 1987 Constitution, Article VI, Sec. 1.
xlii
See ALL Representatives. http://www.congress.gov.ph/members/
See District Representatives. http://www.congress.gov.ph/members/?v=district
See Party List Representatives. http://www.congress.gov.ph/members/?v=pl
18th Congress of the Philippines. http://www.congress.gov.ph/
https://en.wikipedia.org/wiki/18th_Congress_of_the_Philippines
xliii
See Rep. Act No. 11533, Reapportioning the Second District of Rizal (2021).
xliv
http://www.congress.gov.ph/members/?v=district
http://www.congress.gov.ph/members/?v=region
http://www.congress.gov.ph/members/?v=pl
https://en.wikipedia.org/wiki/House_of_Representatives_of_the_Philippines#District_representation
The term “people” is adopted to cover the Lumads and Southern Sultanates, which strictly speaking, are distinct
peoples by themselves and not sectors of Philippine society.
xlv
See 1987 Constitution, Article VI, Sec. 5(1). See 1973 Constitution, Article VIII, Sec. 2. See We Care - Proposed
Amendments to the Constitution, Article VI, Sec. 5(1), 30 November 2007.
15
xlvi
1973 Constitution, Article VIII, Sec. 2. 1987 Constitution, Article VI, Sec. 5(1) & (3).
xlvii
The new provision seeks to ensure adequate representation for all the different sectors and peoples of society, by
providing for representation on sectoral or people basis, in addition to and simultaneous with the traditional
representation on geographic area or district basis. See We Care - Proposed Amendments to the Constitution,
Article XVIII, Sec. 32. See 1987 Constitution, Article VI, Sec. 5, 30 November 2007.
xlviii
1987 Constitution, Article VI, Sec. 5(2).
xlix
See 1987 Constitution, Article VI, Sec. 2 providing for a senate or upper house composed of twenty-four senators.
See 1987 Constitution, Article VI, Sec. 5, and Ordinance apportioning seats of the house of representatives or
lower house based on population. The twenty-four representatives elected by region under the new unicameral
congress, substitute the twenty-four senators elected at large under the old bicameral congress.
l
See 1973 Constitution, Article VIII re National Assembly. See 1976 Amendments to the 1973 Constitution re
Batasang Pambansa. See 1943 Constitution, Article III re National Assembly. See 1899 Constitution, Title V re
National Assembly.
li
See 1973 Constitution, Article VIII, Sec. 3(1), which provides for a term of six years. See 1987 Constitution, Article
VI, Sec. 7, which provides for a term of three years.
The term of five years is proposed as a reasonable compromise between three years and six years. Notably,
public office like any other office has a learning period. Since it is elective, it also has a campaign period, which by
experience is longer than the period set by law. Moreover, the term of five years coincides with the usual socio-
economic development plan set in multiples of five. In any case, elective officials who perform below standard
may be removed from office through mid-term recall elections.
lii
1973 Constitution, Article 3(2).
liii
1987 Constitution, Article VI, Sec. 7. We Care – Proposed Amendments to the Constitution, Article VI, Sec. 7, 30
November 2007.
A five (5) year term multiplied by three (3) terms is fifteen (15) consecutive years in office.
Notably, several countries in East Asia achieved rapid growth to attain Tiger Economy or Tiger Cub Economy status,
under long-term leadership in government. https://en.wikipedia.org/wiki/Tiger_economy
In Asean, Singapore had Prime Minister Lee Kuan Yew (i.e. 1959-1990), while Malaysia had Prime Minister Mahathir
Mohamad (i.e. 1981-2003, 2018-2020).
https://en.wikipedia.org/wiki/Lee_Kuan_Yew
liv
https://en.wikipedia.org/wiki/Mahathir_Mohamad
We Care – Proposed Amendments to the Constitution, Article VI, Sec. 7, 30 November 2007.
lv
See Rep. Act No. 7160, as amended by Rep. Act No. 9244, Local Government Code of 1991, Sec. 70(d).
lvi
See Rep. Act No. 7160, Local Government Code of 1991, Sec. 70(c). Original code provision before amendment
by Rep. Act No. 9244.
lvii
See Rep. Act No. 7160, as amended by Rep. Act No. 9244, Local Government Code of 1991, Sec. 74.
lviii
1973 Constitution, Article VIII, Sec. 4. 1987 Constitution, Article VI, Sec. 6. See We Care – Proposed Amendments
to the Constitution, Article VI, Sec. 6, 30 November 2007.
lix
See 1973 Constitution, Article VIII, Sec. 5(1), which provides six years. See 1987 Constitution, Article VI, Sec. 8,
which implies three years.
lx
1973 Constitution, Article VIII, Sec. 5(1). 1987 Constitution, Article VI, Sec. 9.
lxi
lxii
1973 Constitution, Article VIII, Sec. 7(1). 1987 Constitution, Article VI, Sec. 16(1).
lxiii
1973 Constitution, Article VIII, Sec. 7(1).
lxiv
lxv
lxvi
lxvii
lxviii
lxix
Sessions, Adjournments, and Recesses of Congress, Congressional Research Service, 20130227. “A session
begins when the chamber convenes and ends when it adjourns. A recess, by contrast, does not terminate a session,
but only suspends it temporarily.” https://fas.org/sgp/crs/misc/R42977.pdf
lxx
lxxi
lxxii
1987 Constitution, Article VI, Sec. 14. See 1973 Constitution, Article VIII, Sec. 11. The broader prohibition under
the 1987 Constitution is adopted to further avoid any possible abuse of public office.
lxxiii
lxxiv
1973 Constitution, Article VIII, Sec. 12(1). See 1987 Constitution, Article VI, Sec. 22.
lxxv
lxxvi
Ducky Paredes, ‘Mr. John Gokongwei on Charter Change,’ August 2006, which reads in part as follows:
“John Gokongwei’s main thoughts at 80 are two-fold:
16
“1. Let us change our system of government; and,
“2. Let us open up our economy to foreign investors.
“This, he feels, is the best way for us to catch up with our more affluent Asian neighbors, all of whom, by the way,
have parliamentary systems of government.
“Mr. John says: “Charter change is a good thing. You can change the top leaders without a revolution.”
“Yes, that would be a blessing and, perhaps, we would also finally forget People Power, which, no matter how one
looks at it, cannot be a democratic institution since it has to be in violation of whatever system of government we may
have – whether presidential or parliamentary. Of course, as Gokongwei points out, in a parliamentary system, there is
really no need for People Power or revolution since we would be able to change our head of government by a simple
majority vote of parliament.
“Mr. John points out that the parliamentary system in Thailand, Malaysia, Singapore and Japan is working well,
thank you. In contrast, “I think we’re the only country that followed the American system,” said Gokongwei.
“How did we take to the presidential system? We did as the Americans whom we then called our “Great White
Father” did.
“It’s like what President Bush has been saying about bringing democracy to Iraq. But what’s happening there is
much worse than before he came in. The Americans just don’t learn their lesson,” said Gokongwei.
“Instead of the American model, we ought to find our role model from Asia. To Mr. John, what would be best as our
models are probably Taiwan or China:
“If we had only done what Taiwan did 40 years ago and what China did 20 years ago, we could have done it in
1945. Now, it looks like it’s too late, but there is still time.
“We did not develop any industry beyond Coca-Cola. We had some textiles and shoes and they were completely
obliterated. How many business people put in their money in an industry? Can you name five? None, you can’t even
name one. In real estate you can name 10. That’s my point.”
“According to Mr. John, we missed our chance to develop our economy. We were ahead or at par with our
neighbors 60 years ago but now, our Southeast Asian neighbors have left us very far behind.
“Mr. John says: “We had the same per capita income as Thailand 20 years ago (The Phils and Thailand had
almost the same per capita GDP in 1982), now they are two and a half times bigger than us. Malaysia is four times
bigger and Indonesia, which had half our per capita then, is now our equal (We were equal in GDP per capita with
Indonesia in 2005). In five to six years, I think Vietnam will match or even surpass us.”
“Everybody else is passing us by; that is what worries me.”
“More than changing the political landscape, John Gokongwei was excited about thinking that the time has come
to also lift foreign equity restrictions in the economy. This was the same conclusion reached by a full-blown
commission that studied possible amendments to the Constitution during the time of President Joseph Estrada. For
us to progress, the greatest need is investors. Without investors, how do we create the industries that would employ
Filipinos so that they will not have to go abroad to have a job?
“It’s hard to open up the economy without amending the Constitution. I agree that mining and real estate should
be opened to everybody because you need foreign capital to help any country develop its economy. Look at China, it
is getting a lot of direct foreign investments,” Gokongwei said.
“Although foreign ownership of land and resources can be an emotional jingoist argument against foreign
investors, in reality an investor cannot cart his investments out of the country.”
https://correctphilippines.org/john_gokongwei/
lxxvii
See D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017. See Orion Perez
Dumdum, Philippine Progress: Shift in Sports, Shift in System, 07 July 2010. See Orion Perez Dumdum, It's all
about Competition, 28 January 2012. Dr. Jose V. Abueva, Why Change our Presidential Government to a
Parliamentary Government: A Primer, 22 June 2006. See Revised Corporation Code, Sec. 27, that provides for
the removal of a director or trustee upon 2/3 vote of the stockholders or members, with or without cause, in
relation to Sec. 23 that provides for a majority of the stockholders or members to constitute a quorum to elect
directors or trustees.
lxxviii
1973 Constitution, Article VII, Sec. 2 where the chief executive in the person of the President is elected by a
majority vote of all the members of Congress. 1973 Constitution, Article IX, Sec. 3 where the Prime Minister who
exercises executive power is elected by a majority of all the members of Congress.
lxxix
lxxx
lxxxi
lxxxii
1973 Constitution, Article VIII, Sec. 14(1). See 1987 Constitution, Article VII, Sec. 21. The limited concurrence
requirement under the 1973 Constitution is adopted for flexibility in the conduct of foreign relations, in accordance
with the generally accepted international law practice.
lxxxiii
lxxxiv
1973 Constitution, Article VIII, Sec. 15. 1987 Constitution, Article VI, Sec. 23(2).
lxxxv
1973 Constitution, Article VIII, Sec. 16(1). See 1987 Constitution, Article VI, Sec. 25(1).
lxxxvi
17
lxxxvii
lxxxviii
lxxxix
xc
xci
xcii
xciii
xciv
xcv
xcvi
1973 Constitution, Article VIII, Sec. 18(2). See 1987 Constitution, Article VI, Sec. 29(2). The term “imam” which
means religious leader is included in the enumeration in consideration of the Muslim community that forms a
major part of the nation.
xcvii
xcviii
1987 Constitution, Article VI, Sec. 26(1). 1935 Constitution, Article VI, Sec. 21(1).
xcix
c
ci
cii
See 1987 Constitution, Article VI, Sec. 32. Rep. Act No. 6735, Initiative and Referendum (1989).
ciii
The purpose of the substantially lower number of petitioners required to enact laws or ordinances, is to empower
the people in framing the applicable legal framework.
In Italy with about 50 million registered voters as of 2016, the required number of signatures for a petition to amend
the constitution is only 500,000 or about 1%.
https://en.wikipedia.org/wiki/Referendums_by_country
https://en.wikipedia.org/wiki/2016_Italian_constitutional_referendum
In Switzerland with about 5 million registered voters as of 2010, the required number of signatures for a petition to
amend the constitution is only 50,000 or about 1%.
https://en.wikipedia.org/wiki/2010_Swiss_referendums
In Taiwan with about 20 million registered voters as of 2018, the required number of signatures for a petition to
amend a national law (not the constitution) is 1.5%.
https://en.wikipedia.org/wiki/2018_Taiwanese_referendum
On the other hand, some developing countries apart from the Philippines, require a relatively high signature
requirement of 10% of the registered voters for initiative and referendum, as follows:
(a) Colombia with 36.4 million registered voters as of 2018,
(b) Croatia with 3.8 million registered voters as of 2013,
(c) Ecuador with about 13 million registered voters as of 2018.
https://en.wikipedia.org/wiki/2018_Colombian_anti-corruption_referendum
https://en.wikipedia.org/wiki/2013_Croatian_constitutional_referendum
https://en.wikipedia.org/wiki/2018_Ecuadorian_referendum_and_popular_consultation
civ
1987 Constitution, Article VII, Sec. 1.
cv
cvi
See 1973 Constitution, Article IX, Sec. 1.
cvii
We Care – Proposed Amendments to the Constitution, Article VII, Sec. 1, 30 November 2007.
cviii
See Exec. Order No. 305 (1987), as amended by Exec. Order No. 168 (2003), creating a Council of State.
cix
cx
See 1973 Constitution, Article VII, Sec. 2 where the chief executive in the person of the President is elected by a
majority vote of all the members of Congress. See 1973 Constitution, Article IX, Sec. 3 where the Prime Minister
who exercises executive power is elected by a majority of all the members of Congress. See 1899 Constitution,
Titles V, VII, VIII and IX, that provides for a unicameral parliament.
The new selection process for the President eliminates the bias for “rich” and “famous” candidates, by replacing
“elections at large” for the President, with “elections by district” for the President through the intermediation of the
Members of Congress. Tanggulang Demokrasya (TanDem), Inc., Call for a Strong and Immediately Accountable
Government, 11 April 2017. We Care – Explanatory Notes, Proposed Constitutional Amendments for a Unicameral
Parliament, pages 1 & 4-5, 12 October 2011.
18
“Rich” candidates are those who can afford to spend billions to campaign and themselves known to the voters
nationwide. The “famous” candidates are the entertainment, sports and media celebrities who no longer need to
campaign because they are already known to the voters nationwide. Id, page 4.
Under parliamentary practice, the heads of contending political parties are ordinarily the respective candidates of the
said parties for the position of chief executive. The party that wins a majority of the seats in parliament earns the right
to elect their party head to the position of chief executive. This is the process of “indirect” elections. Id, page 5.
Notably, the selection process for the President under the United States Constitution is also by “indirect” elections
through the intermediation of Pledged Electors under an Electoral College. This is substantially similar to the process
of “indirect” elections under parliamentary practice. The main difference between them is that the Pledged Electors
have only one function which is to elect the President, while the Members of Parliament have dual functions of
electing the President and enacting laws. Id, pages 5-8.
Stated differently, the adoption of the new selection process for the President is like mandating Congress to serve the
additional function of an Electoral College to elect the President. However, after electing the President, the Members
of Congress continue to serve by enacting laws. Id, pages 5-8.
From the viewpoint of the private sector, the process of “indirect” elections for chief executive under parliamentary
practice, is substantially similar to the selection process for chief executive under private corporate practice. In a
private corporation, the shareholders merely elect their representatives to the board of directors. It is then the board
that elects the chief executive. The board of directors is the parliament, while the shareholders are the voters. Id,
page 5.
cxi
See 1935 Constitution, Article VII, Sec. 3. See 1973 Constitution, Article VII, Sec. 3. See 1987 Constitution, Article
VII, Sec. 2. The lower age qualification of forty years under the 1987 Constitution is adopted to broaden the roster
of candidates for president.
cxii
See 1973 Constitution, Article VII, Secs. 1 & 2 where the head of state in the person of the President is elected by
a
majority vote of all the members of Congress.
cxiii
cxiv
See 1973 Constitution, Article IX, Sec. 1 where the prime minister exercises the executive powers of the
president.
cxv
1973 Constitution, Article VII, Sec. 4(1). 1987 Constitution, Article VII, Sec. 6.
cxvi
cxvii
cxviii
cxix
1973 Constitution, Article VII, Sec. 6(3).
cxx
cxxi
cxxii
cxxiii
cxxiv
cxxv
cxxvi
cxxvii
See 1973 Constitution, Article IX, Sec. 5(1).
cxxviii
See 1973 Constitution, Article IX, Sec. 5(2).
cxxix
cxxx
cxxxi
cxxxii
cxxxiii
cxxxiv
See 1973 Constitution, Article IX, Sec. 11. 1987 Constitution, Article VII, Sec. 17.
cxxxv
See 1973 Constitution, Article IX, Sec. 12. See 1987 Constitution, Article VII, Sec. 18.
cxxxvi
cxxxvii
cxxxviii
cxxxix
cxl
1973 Constitution, Article X, Sec. 1. 1987 Constitution, Article VIII, Sec. 1.
cxli
cxlii
1987 Constitution, Article VIII, Sec. 4(1). 1973 Constitution, Article X, Sec. 2(1).
19
cxliii
1987 Constitution, Article VIII, Sec. 4(2). 1973 Constitution, Article X, Sec. 2(2). Qualified majority votes are
required to declare the unconstitutionality of a law or decide a case heard en banc to promote the stability of the legal
system.
cxliv
1987 Constitution, Article VIII, Sec. 4(3). 1973 Constitution, Article X, Sec. 2(3). Divisions of three and five are
provided for the speedy disposition of cases.
cxlv
1973 Constitution, Article X, Sec. 3(1). 1987 Constitution, Article VIII, Sec. 7(1).
cxlvi
1973 Constitution, Article X, Sec. 3(2). 1987 Constitution, Article VIII, Sec. 7(2).
cxlvii
cxlviii
Email dated 06 February 2021 of SC Justice Adolfo S. Azcuna (Ret.), re rule making power of the Supreme
Court.
cxlix
cl
Email dated 06 February 2021 of SC Justice Adolfo S. Azcuna (Ret.), re fiscal autonomy of the Supreme Court.
cli
clii
House Bill No. 3409, Judiciary Marshals (2019).
https://www.congress.gov.ph/legisdocs/basic_18/HB03409.pdf
Darryl John Esguerra, ‘Creation of Philippine Marshal Service to ensure security of judges sought,’ Philippine Daily
Inquirer, 19 November 2019.
https://newsinfo.inquirer.net/1191891/creation-of-philippine-marshal-service-to-ensure-security-of-judges-sought
See Azer Parrocha, ‘Duterte vows protection for red-tagged Mandaluyong judge,’ 18 March 2021.
https://www.pna.gov.ph/articles/1134065
cliii
1973 Constitution, Article X, Sec. 7. 1987 Constitution, Article VIII, Sec. 11. A qualified majority vote is required to
promote stability in the tenure of judges.
cliv
clv
clvi
clvii
See 1973 Constitution, Article X, Sec. 11(1). See 1987 Constitution, Article VIII, Sec. 15(1). Full flexibility is granted
to the Supreme Court in determining the maximum period to decide or resolve cases, because it is presumably the
entity in
the best position to make this determination, taking into consideration the practical limitations of its resources in
relation to
the actual workload.
clviii
See 1973 Constitution, Article X, Sec. 11(2). Full flexibility is granted to the Supreme Court in adopting
appropriate
measures to facilitate the speedy disposition of cases, including the automatic affirmation or dismissal of cases under
certain
circumstances, taking into consideration the principles of justice and due process.
clix
clx
1973 Constitution, Article XIII, Sec. 2. 1987 Constitution, Article XI, Sec. 2. Only justices of the Supreme Court
remain to be impeachable officers. The members of the commission on civil service, commission on elections and
commission on audit, as well as the ombudsman, will no longer be impeachable officers. For the Supreme Court,
the retention of the impeachment process, coupled with security of tenure until retirement, seek to protect the
independence of the judicial branch of government. For the commissions and the ombudsman, the removal of the
impeachment process, seek to promote the accountability of these offices that actually perform functions of the
executive branch of government. To protect them from partisan political harassment, Congress may by law grant
their heads with security of tenure until retirement, just like the appellate justices and judges of the judicial branch
of government.
clxi
1973 Constitution, Article XIII, Sec. 3. 1987 Constitution, Article XI, Sec. 3.
clxii
1973 Constitution, Article XV, Sec. 1. 1987 Constitution, Article XVI, Sec. 1.
clxiii
See 1935 Constitution, Article XIV, Sec. 3; 1943 Constitution, Article IX, Sec. 2; 1973 Constitution, Article XV, Sec.
3(2); 1987 Constitution, Article XIV, Sec. 6. Languages of the Philippines,
https://en.wikipedia.org/wiki/Languages_of_the_Philippines.
clxiv
1987 Constitution, Article XIV, Sec. 7.
clxv
clxvi
clxvii
1973 Constitution, Article XV, Sec. 2. 1987 Constitution, Article XVI, Sec. 2. Congress is granted omnibus powers
to adopt a new flag and a new national language, in order that national symbols may truly reflect all the people,
including those from the Visayas and Mindanao who do not share the history of the eight rays of the flag. For
example, instead of symbolizing the eight Tagalog provinces that first rose against the Spanish colonizers,
Congress may later consider adopting three rays each to represent the three major denominations of the nation,
20
namely the Christians, the Muslims and the indigenous peoples, who occupy the three major island groups of
Luzon, Visayas and Mindanao.
clxviii
clxix
1973 Constitution, Article XV, Sec. 15. 1987 Constitution, Article II, Sec. 6.
clxx
clxxi
clxxii
1973 Constitution, Article XV, Sec. 5.
clxxiii
1973 Constitution, Article XV, Sec. 8.
clxxiv
1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 5.
clxxv
1973 Constitution, Article XV, Sec. 8. 1987 Constitution, Article XIV, Sec. 2.
clxxvi
Rep. Act No. 11054, Sec. 18 re Madaris education system.
Comments of Dr. Alim Fatani S. Abdul Malik, President and Convenor of the Ulama and Imam of the Philippines
Association, during the Webinar on “A Discussion on the #PeoplesDraft,” 07 October 2020, organized by Tanggulang
Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc., re Madaris education system, as follows: “Actually ang mga
local Madrasah naming ay older than Sto. Tomas University. But until now I’m so sorry to tell you that there is no local
Madrasah in this country that has been recognized by the Republic of the Philippines ... As a matter of fact, yung
produkto namin sa local Madrasah ito ang ginagamit ng mga translator ng lahat ng embajada dito sa Pilipinas, sa
lahat ng mga Arabian countries at Muslim countries.”
The new mandate to recognize the titles of royalty to the southern sultanates seeks to rectify the longstanding
clxxvii
constitutional anomaly that legally prohibited the people from recognizing its own history and cultural heritage. As
leading first world nations have shown, such as the United Kingdom and Japan, it is possible to preserve royal history
even though they now conduct their state affairs through modern democratic institutions. See We Care - Comments
on the GRP-MILF Peace Process, pages 20-21, 01 March 2008, revised 11 March 2010. See D.B.Donato, Pursuing
the Peace Process with Muslim Separatist Rebels, 04 September 2016.
Furthermore, the recognition of the titles of royalty serves to strengthen the claims of the State and the Sultanate of
Sulu to Sabah, subject to the renunciation of war as an instrument of national policy, adoption of the generally
accepted principles of international law and adherence to the policy of peace and amity with all nations. See Id.
Comments of Gen. Renato de Villa (ret.), former Executive Secretary and Defense Secretary, Trustee of the
Advocates for National Interest (ANI) during the online meeting with Tanggulang Demokrasya (Tan Dem), Inc. and
PUBLiCUS Asia, Inc. on 12 March 2021, to consider for reference the practice of Malaysia in the recognition of
Sultanates.
The Sultanate of Sulu was founded on 17 November 1405 by Sharif ul-Hashim, a Johore-born explorer and religious
scholar who settled in Buansa, Sulu. It ruled the islands in the Sulu Archipelago, parts of Mindanao, portions of
Palawan, and parts of Borneo. https://en.wikipedia.org/wiki/Sultanate_of_Sulu.
The Sultanate of Maguindanao was founded in 1520 by Sharif Mohammed Kabungsuwan of Johore. Centered in the
valley of Cotabato, it ruled many parts of Mindanao, including Maguindanao and portions of Zamboanga, Sarangani
and Davao. Among the greatest known sultans of Maguindanao was Muhammad Dipatuan Kudarat who reigned in
1581-1671. https://en.wikipedia.org/wiki/Sultanate_of_Maguindanao.
https://en.wikipedia.org/wiki/Sharif_Kabungsuwan
https://en.wikipedia.org/wiki/Muhammad_Kudarat
The Confederation of Sultanates in Lanao was founded in 1640 by Maranao Datus led by Balindong Bsar known as
Sultan Diagaborolah. The Confederation was a union of the Principalities of Unayan, Masiu, Bayabao, and Baloi.
https://en.wikipedia.org/wiki/Confederation_of_sultanates_in_Lanao.
clxxviii
1973 Constitution, Article XV, Sec. 11. 1987 Constitution, Article II, Sec. 22. The term “indigenous peoples” is
adopted because it is more commonly used compared to the terms “national cultural communities” and
“indigenous cultural communities.” The Lumad Peoples of Mindanao, LMPF, 2018 (based on NCIP 2007 data).
http://www.fao.org/indigenous-peoples/country/phl/en/?iso3=PHL
clxxix
1987 Constitution, Article XII, Sec. 5. Republic Act No. 8371, known as “The Indigenous Peoples’ Rights Act of
1997,” Sec. 2. See Cariño vs. Insular Government of P.I. (41 Phil. 95) and Abaoag v. Director of Lands (45 Phil.
18). Rep. Act No. 11054, Article IX, Sec. 3 and Article XIII, Secs. 8 & 12 re Ancestral Domain of Indigenous
Peoples. Background of the Organization and the Lumad Peoples’ Problem, LMPF, 18 May 2020.
Comments of Timuey Jimid Mansayagan, Secretary-General of Lumad Mindanaw Peoples Federation (LMPF),
during the Webinar on “A Discussion on the #PeoplesDraft,” 07 October 2020, organized by Tanggulang Demokrasya
21
(Tan Dem), Inc. and PUBLiCUS Asia, Inc., re ancestral domain as follows: “Karamihan sa atin naninawala na kami ay
taga-bundok. Gusto ko lang sabihin dito sir na hindi kami taga-bundok. Diyan kami nakatira sa mga bukana ng mga
river, bodies of water, at yung kabundukan ay dati rati mga hunting grounds lang namin yan. It so happened that
since 1930s may resettlement program yung gobyerno, mula pa nuon Commonwealth ... Binigyan sila ng karapatan
ng magkuha ng lupain, at ang lupain na binibigay sa kanila ay mga lupain ng mg ninuno ng mga katutubo, because in
those years it’s as if we were not existing.”
clxxx
1935 Constitution, Article XIII, Sec. 1. 1973 Constitution, Article XIV, Sec. 8. 1987 Constitution, Article XII, Sec. 3.
clxxxi
1935 Constitution, Article XIV, Sec. 8. 1973 Constitution, Article XIV, Sec. 5. 1987 Constitution, Article XII, Sec.
11. Limitations on foreign investments in public utilities are deleted to promote infrastructure development,
increase the supply of goods and services, reduce consumer prices, and create jobs. Nonetheless, if the
economic security requires limitations on foreign investments in certain areas, limitations may be imposed by
Congress.
clxxxii
1987 Constitution, Article XI-A, Sec. 15.
clxxxiii
1973 Constitution, Article II, Sec. 10. 1987 Constitution, Article II, Sec. 25. See D.B.Donato, Advantages and
Disadvantages of Local Autonomy, 05 September 2016.
Local government autonomy or self-rule empowers the local community to be self-reliant. It enables them to take
advantage of their strengths and address their weaknesses. Since the decision makers are locals, there is a greater
probability that the locally formulated government programs will cater for the actual needs of the local community.
Moreover, since the decision makers are based locally, there is also a greater opportunity for accountability vis-a-vis
the local community.
In the context of a nation state comprised of both a national government and several local government units, local
government autonomy may give rise to certain disadvantages, such as conflicting regulation, overlapping regulation,
excessive regulation and excessive taxation.
Nonetheless, these disadvantages may be addressed by appropriate implementing rules and regulations or
amendments of the Local Government Code.
clxxxiv
1987 Constitution, Article X, Sec. 4.
clxxxv
1973 Constitution, Article XI, Sec. 1 & 3. 1987 Constitution, Article X, Secs. 1 & 10.
clxxxvi
1973 Constitution, Article XI, Sec. 3. Paredes v. Executive, G.R. No. 55628, 02 March 1984, re plebiscite in “unit
or units affected.” 1987 Constitution, Article X, Sec. 10, re plebiscite in “units directly affected.”
clxxxvii
See Rep. Act No. 7160, as amended by Rep. Act No. 8553, Local Government Code of 1991, Sec. 7. 1987
Constitution, Article X, Local Government, Sec. 1.
clxxxviii
The new provision provides the constitutional basis for flexibility in the pursuit of regional decentralization. In
lieu of autonomous regions which are local government units that require for their creation the approval of local
voters in a plebiscite, the alternative regional authorities which are instrumentalities of the national government, do
not require for their creation the approval of local voters. See We Care – Comments on the GRP-MILF Peace
Process, pages 13-14 & 16-17, 01 December 2008, revised 11 March 2010. See D.B.Donato, Pursuing the Peace
Process with Muslim Separatist Rebels, 04 September 2016.
clxxxix
See 1973 Constitution, Article VII, Sec. 1, and Article IX, Sec. 11. See 1987 Constitution, Article VII, Sec. 17.
cxc
See 1987 Constitution, Article X, Secs. 1, 10, 15 & 18. The new provision lays the constitutional basis for the
implementation of regional decentralization throughout the entire country, and not only in Muslim Mindanao and
the Cordilleras. The new policy seeks to disperse development throughout the regions by securing the benefits of
“location” (or advantage of proximity to the regional center), attracting the forces of “agglomeration” (or advantage
of concentration in the regional center where there are already large concentrations of people and investments),
and promoting “friendly competition” (or advantage of competition among regional centers to deliver the best
services at the most reasonable prices). See Gonzalo M. Jurado, Notes on the Federal Structure for the
Philippines, pages 2-4, 10 September 2012. See D.B. Donato, Advantages and Disadvantages of Regional
Decentralization, 06 May 2017. See Orion Perez Dumdum, It's all about Competition, 28 January 2012.
Re plebiscite requirement, see 1973 Constitution, Article XI, Sec. 3. See Paredes v. Executive, G.R. No. 55628, 02
March 1984, re plebiscite in “unit or units affected.” See 1987 Constitution, Article X, Sec. 10, re plebiscite in “units
directly affected.”
cxci
cxcii
Supra Local Government Code, Sec. 3(d).
cxciii
Id.
cxciv
1987 Constitution, Article X, Secs. 4 & 16.
cxcv
The provision adopts the “bottom-up” approach rather than the “top-down” approach in the shift to a federal
22
system of government. The provision allows the people of the regions to decide how or with whom they would like
to create a Component State. For example, the provision does not prevent the people of the Bicol region in Luzon
from creating a Component State together with the people of the Waray region in the Visayas.
cxcvi
See Gonzalo M. Jurado, Notes on the Federal Structure for the Philippines, pages 2-4, 10 September 2012. See
D.B. Donato, Advantages and Disadvantages of Regional Decentralization, 06 May 2017. See Orion Perez
Dumdum, It's all about Competition, 28 January 2012. See Dr. Jose V. Abueva, Why Change to a Federal
Republic of the Philippines, and How?: A Primer, 2007.
Re plebiscite requirement, see 1973 Constitution, Article XI, Sec. 3. See Paredes v. Executive, G.R. No. 55628,
02 March 1984, re plebiscite in “unit or units affected.” See 1987 Constitution, Article X, Sec. 10, re plebiscite in
“units directly affected.”
cxcvii
cxcviii
Supra Local Government Code, Sec. 3(d).
cxcix
Id.
cc
1787 Constitution of the United States, Article VI.
cci
See Rep. Act No. 7227, as amended, Bases Conversion and Development Act of 1992, Sec. 12(h).
ccii
1973 Constitution, Article XV, Sec. 13. 1987 Constitution, Article XVI, Sec. 4. 1973 Constitution, Article XV, Sec.
12. 1987 Constitution, Article XVI, Sec. 6. Tanggulang Demokrasya (TanDem), Inc., Call to Empower the
Regions,09 April 2017, which reads in part as follows: “Whereas, the feared “Balkanization” of the country may be
addressed by keeping the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) under
the Federal State, and allowing the component states to maintain only limited security forces solely for the
protection of their public officials and government properties.”
cciii
1787 Constitution of the United States, Article I, Section 10.
cciv
See 1787 Constitution of the United States, Article I, Section 10.
ccv
1787 Constitution of the United States, Article I, Section 10.
ccvi
D.B.Donato, Advantages and Disadvantages of Regional Decentralization, 06 May 2017, Page 1, which reads in
part as follows: “One disadvantage of the federal system is that it allows the proliferation of divergent or conflicting
legal systems among the component states. Notably, complicated legal systems increase the cost of doing
business and hinder efforts at job-creation.
“Nonetheless, this economic disadvantage may be avoided if the state legislatures will be prohibited from enacting
legislation on banking, insurance, commerce (on goods and services), insolvency, intellectual property rights,
professional practice, immigration, naturalization, income tax, value added tax, import tax and export tax, unless
otherwise provided by the federal legislature.”
ccvii
This rule is the reverse of the principle adopted under Amendment 10 of the Constitution of the United States
(1791). The reversal is based on the peculiar situation of the Philippines where the establishment of the Federal
State proceeds from the division of a pre-existing unitary state. This is the reverse of the situation of the United
States where the establishment of the Federal State proceeded from the federation of several pre-existing states.
ccviii
1935 Constitution, Article XV, Sec. 1. The 1935 Constitution provision on “amendments” is adopted in principle
because it is plain and simple. Complex distinctions between “amendment” and “revision” have no place in the
constitution, because this legal instrument is authored by the common people at large, unlike statutes which are
authored by a select group of public officials whose main occupation is to enact laws. Based on past experience
with the people's initiative to amend the constitution, complex legalistic distinctions between “amendment” and
“revision” were used to block the petition seeking a democratic plebiscite on proposed changes to the basic law of
the land. The definition of “amendments” adopted here is consistent with the rulings of the Supreme Court in the
cases of Simeon G. Del Rosario v. Ubaldo Carbonell, et al, G.R. No. L-32476, 20 October 1970, and Samuel C.
Occena v. Commission on Elections, et al, G.R. No. 56350, 02 April 1981, that “amendment” includes “revision,”
and that any technical distinction between an “amendment” or “revision” is immaterial the moment the proposed
“change” is approved by the sovereign people.
ccix
1973 Constitution, Article XVI, Sec. 1. 1987 Constitution, Article XVII, Sec. 1.
ccx
1973 Constitution, Article XVI, Sec. 1. 1987 Constitution, Article XVII, Sec. 3. The clause providing for the
submission to the electorate of the question of calling a convention is deleted on the following grounds: (1) the
discretion to answer the question has already been delegated by the people to Congress; (2) the failure or refusal
to exercise the delegated discretion will result in the substantial expenditure of public funds for an electoral
exercise which could otherwise be avoided; (3) there is a less expensive way to ascertain the sentiment of people
which is through scientific social survey and research; and (4) the people may directly propose amendments to
the Constitution through initiative.
ccxi
1987 Constitution, Article XVII, Sec. 2. Rep. Act No. 6735, Initiative and Referendum (1989). Comelec Resolution
No. 7796, Initiative to Amend the Constitution, 02 January 2007.
ccxii
The purpose of the substantially lower number of petitioners required to amend the Constitution, is to empower
23
the people in framing the basic legal framework of the nation. Based on past experience, the requirement of 12% of
the total number of registered voters, coupled with 3% for each legislative district, is most impractical and almost
impossible, taking into consideration the huge costs and logistics required for the undertaking.
In Italy with about 50 million registered voters as of 2016, the required number of signatures for a petition to amend
the constitution is only 500,000 or about 1%.
https://en.wikipedia.org/wiki/2016_Italian_constitutional_referendum
In Switzerland with about 5 million registered voters as of 2010, the required number of signatures for a petition to
amend the constitution is only 50,000 or about 1%.
https://en.wikipedia.org/wiki/2010_Swiss_referendums
In Taiwan with about 20 million registered voters as of 2018, the required number of signatures for a petition to
amend a national law (not the constitution) is 1.5%.
https://en.wikipedia.org/wiki/2018_Taiwanese_referendum
On the other hand, some developing countries apart from the Philippines, require a relatively high signature
requirement of 10% of the registered voters for initiative and referendum, as follows:
(a) Colombia with 36.4 million registered voters as of 2018,
(b) Croatia with 3.8 million registered voters as of 2013,
(c) Ecuador with about 13 million registered voters as of 2018.
https://en.wikipedia.org/wiki/2018_Colombian_anti-corruption_referendum
https://en.wikipedia.org/wiki/2013_Croatian_constitutional_referendum
https://en.wikipedia.org/wiki/2018_Ecuadorian_referendum_and_popular_consultation
ccxiii
1973 Constitution, Article XVI, Sec. 2. 1987 Constitution, Article XVII, Sec. 4.
ccxiv
See 1973 Constitution, Article XVII, Secs. 1, 2 and 3(1) that provides for an interim national assembly and interim
president.
ccxv
See1973 Constitution, Article XVII, Sec. 3.
ccxvi
1987 Constitution, Article XII, National Economy and Patrimony
Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to
individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has
lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.
Rep. Act No. 8179 (1996), An Act to further Liberalize Foreign Investments, Amending for the Purpose Republic Act
No. 7042, and for other purposes
SEC. 5 The Foreign Investments Act is further amended by inserting a new section designated as Section 10 to read
as follows:
SEC. 10. Other Rights of natural Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the
Constitution. - Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity
to enter into a contract under Philippine Laws may be a transferee of a private land up to maximum area of
five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land
to be used by him for business or other purposes. In the case of married couples, one of them may avail of
the privilege herein granted: Provided, That ff both shall avail of the same, the total area acquired shall not
exceed the maximum herein fixed.
In case the transferee already owns urban or rural land for business or other purposes, he shall be entitled to
be a transferee of additional urban or rural land for business or other purposes which when added to those
already owned by him shall not exceed the maximum areas herein authorized.
A transferee under this Act may acquire not more than two (2) lots which should be situated in different
municipalities or cities anywhere in the Philippines: Provided, That the Total land area thereof shall not
exceed five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of
rural land for use by him for business or other purposes. A transferee who has already acquired urban land
shall be disqualified from acquiring rural land and vice versa.
ccxvii
See 1973 Constitution, Article XVII, Sec. 7. See 1987 Constitution, Article XVIII, Sec. 3.
ccxviii
See 1987 Constitution, Article XVIII, Sec. 10. See 1973 Constitution, Article XVII, Sec. 8.
ccxix
See 1987 Constitution, Article XVIII, Sec. 15. See 1973 Constitution, Article XVII, Sec. 9.
ccxx
1987 Constitution, Article VIII, Sec. 11.
24
ccxxi
See 1973 Constitution, Article XVII, Sec. 12.
ccxxii
Ducky Paredes, supra.
See F. Sionil Jose (2020), ‘The oligarch and ABS-CBN – Don’t give them our balls,’ which reads in part as follows:
“World War II wrought profound changes in our society creating a new ruling class. Though the war battered
us, in the Fifties and Sixties, we were the richest country in Southeast Asia, next only to Japan. Korea, Taiwan, and
even Japan were very poor. So were all the ASEAN nations. We had the best schools and hospitals. Now, look at us,
and our Asian neighbors who left us behind? Why, we are very poor? Our leaders, the writers of my generation know
the answer. Development starts with capital, whether it is in government or in private hands. It is with this capital that
we start industries, development. We had that capital but it was sent abroad, much of it, or spent in non-productive
enterprises. Basically the holders of this vast capital – the oligarchy had no sense of responsibility, no love for this
country which they had exploited…
“Some claim that this present generation of oligarchs had changed; I had shared the same hope, but a close
look at the new oligarchs reveal that nothing has changed – the perspective, the form of investments, fancy
condominiums, shopping malls, the casinos. Poverty has not been erased – all the social surveys show it. Hunger still
prevails. The revolution I’ve dreamed of is yet to come. Peacefully I hope.
“In a broader, deeper context, all over the world are giant corporations and billionaires. In the capitalist
system, their goal is profit, their techniques are almost always exploitative. But some businesses (and billionaires),
however, are not always motivated by profit. They are nation builders, humanitarians, who use their fortunes to build
more humane societies. But I do not see this in the three generations of the Filipino oligarchs who have exploited this
country and our people.
“Marx was right; as we can see today, capitalism, motivated by unrestrained greed is far deadlier than this
Coronavirus which, science hopefully can control or eradicate. But greed is an integral part of the human person. It
can be tamed with the creation of new human institutions that will assure mankind an existence endowed with justice
– if we have the will to do it.”
https://www.philstar.com/opinion/2020/05/18/2014744/oligarchy-and-abs-cbn-dont-give-them-your-balls
See PCAB v. Manila Water, G.R. No. 217590, 10 March 2020, re nullity of nationality requirements in the construction
industry.
See OECD (2002), ‘Foreign Direct Investment for Development, Maximising Benefits, Minimising Costs,” page 5,
which reads in part as follows: “The overall benefits of FDI for developing country economies are well documented.
Given the appropriate host-country policies and a basic level of development, a preponderance of studies shows that
FDI triggers technology spillovers, assists human capital formation, contributes to international trade integration,
helps create a more competitive business environment and enhances enterprise development. All of these contribute
to higher economic growth, which is the most potent tool for alleviating poverty in developing countries. Moreover,
beyond the strictly economic benefits, FDI may help improve environmental and social conditions in the host country
by, for example, transferring “cleaner” technologies and leading to more socially responsible corporate policies.”
https://www.oecd.org/investment/investmentfordevelopment/1959815.pdf
See OECD (2009), “Guidelines for Fighting Bid Rigging in Public Procurement,” pages 4-5, which reads in part as
follows: “2. DESIGN THE TENDER PROCESS TO MAXIMISE THE POTENTIAL PARTICIPATION OF GENUINELY
COMPETING BIDDERS. Effective competition can be enhanced if a sufficient number of credible bidders are able to
respond to the invitation to tender and have an incentive to compete for the contract. For example, participation in the
tender can be facilitated if procurement officials reduce the costs of bidding, establish participation requirements that
do not unreasonably limit competition, allow firms from other regions or countries to participate, or devise ways of
incentivising smaller firms to participate even if they cannot bid for the entire contract… Reduce constraints on
foreign participation in procurement whenever possible…” https://www.oecd.org/daf/competition/cartels/42851044.pdf
ccxxiii
See Draft Senate Bill to Liberalize Foreign Investments, Require Reciprocity in Professional Practice, and
Establish a Foreign Investment Council, Sec. 3, D.B.Donato, 2019.
ccxxiv
People's Draft, Article V, Sec. 1, re legislative power vested in Congress.
ccxxv
Supra Draft Senate Bill to Liberalize Foreign Investments, Sec. 4.
ccxxvi
Nestor Corrales, ‘DOF chief: Open PH economy to foreigners, but not land,’ Philippine Daily Inquirer, 27 January
2021, quoting Finance Secretary Carlos Dominguez III, as follows: “We should open it up as wide as we can… The
ban on foreign ownership of land, however, should remain since this evokes strong emotional reactions.”
https://newsinfo.inquirer.net/1388693/dof-chief-open-ph-economy-to-foreigners-but-not-land
ccxxvii
See US Defense Production Act of 1950, as amended by FINSA, Section 721 (50 U.S.C. App. 2170). Executive
Order No. 11858 (as amended by Executive Order No. 13456), re Foreign Investment in the United States.
See Draft Senate Bill to Liberalize Foreign Investments, Require Reciprocity in Professional Practice, and Establish a
Foreign Investment Council, D.B.Donato, 2019.
25
ccxxviii
Comments of Mr. Ramon S. Ang, President of San Miguel Corporation, during the online meeting with
Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc. on 18 March 2021, seeking fair and equitable
treatment by host governments of Filipino investors who desire to invest in neighboring Asean countries.
See Exec. Order No. 65 (2018), Eleventh Regular Foreign Investment Negative List, Annex on Professions, providing
for reciprocity in professional practice.
ccxxix
See 1973 Constitution, Article XVII, Sec. 14. See 1987 Constitution, Article XVIII, Sec. 19.
ccxxx
See 1973 Constitution, 1976 Amendment No. 7.
ccxxxi
See 1987 Constitution, Article XVIII, Secs. 1 & 2. See We Care - Proposed Amendments to the Constitution,
Article XVIII, Sec. 30, 30 November 2007.
ccxxxii
See Rep. Act No. 7160, as amended by Rep. Act No. 8553, Local Government Code of 1991, Sec. 41(b) re
election by district of city and municipal councilors.
ccxxxiii
See 1987 Constitution, Article VIII, Sec. 5 and Article IX(C), Sec. 2. See 1973 Constitution, Article X, Sec. 5(2)
and Article XII(C), Sec. 2
ccxxxiv
See 1973 Constitution, Article XVII, Sec. 16.
ccxxxv
See ALL Representatives. http://www.congress.gov.ph/members/
See District Representatives. http://www.congress.gov.ph/members/?v=district
See Party List Representatives. http://www.congress.gov.ph/members/?v=pl
18th Congress of the Philippines. http://www.congress.gov.ph/
https://en.wikipedia.org/wiki/18th_Congress_of_the_Philippines
ccxxxvi
See 1987 Constitution, Article VI, Sec. 5, and Ordinance apportioning seats of the house of representatives or
lower house based on population. See 1987 Constitution, Article VI, Sec. 2 providing for a senate or upper house
composed of twenty-four senators. The twenty-four representatives elected by region under the new unicameral
congress, substitute the twenty-four senators elected at large under the old bicameral congress.
ccxxxvii
See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 31, 30 November 2007.
ccxxxviii
See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 32. See 1987 Constitution, Article
VI, Sec. 5, 30 November 2007.
See Rep. Act No. 7160, Local Government Code of 1991, Sec. 41(c) re sectoral representatives which reads in part
as follows:
“Section 41. Manner of Election … (c) In addition thereto, there shall be one (1) sectoral representative from the
women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural
communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within
ninety (90) days prior to the holding of the next local elections as may be provided for by law. The COMELEC shall
promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.”
ccxxxix
Id.
ccxl
Statistics on Sectors and Peoples:
Population. The estimated population of the Philippines is 103,242,900 as of 2016. Philippine Statistics Authority
(PSA), Philippines in Figures 2018, page 80. https://psa.gov.ph/sites/default/files/PIF%202018.pdf
Labor. Some 43,724,000 of the population are in the labor force, including about 17,227,000 in the informal sector
(self-employed or family business). About of 28.3% of labor is in agriculture (including forestry and fishing), 17.1% in
industry (including construction, manufacturing, mining and utilities), and 54.6% in services (including trading,
transportation, accommodation, government, education, health, finance, information, etc.). Some 2,112,331 are
Overseas Filipino Workers (OFW) who remitted about US$26,899,800,000 in 2016. About 1,150,000 are in Business
Process Outsourcing (BPO) with industry revenues of US$22,900,000,000 for 2016. Id, pages 58 & 69. Business
World, BPO sector: An economic pillar, 16 May 2918. https://www.bworldonline.com/bpo-sector-an-economic-pillar/
Youth. About 52.7% of the people are not more than 24 years of age. Central Intelligence Agency (CIA), The World
Factbook: Philippines. https://www.cia.gov/library/publications/the-world-factbook/geos/rp.html
Seniors. About 6% of the people are between 55 and 64 years of age, while 4.6% are 65 years and over. Id.
Language. There are eight (8) major language groups in the Philippines, i.e. Tagalog, Cebuano, Ilocano, Ilonggo,
Bicol, Waray, Pampango and Pangasinan. Id.
Muslim. About 5% to 6% of the people are Muslim (while a majority of 90.2% of the people are Christian,
predominantly Catholic). Id. PSA Region 11, Factsheet on Islam in Mindanao.
http://rsso11.psa.gov.ph/article/factsheet-islam-mindanaos
Supra World Factbook.
26
Lumad. Due to isolation, estimates of the indigenous people have been inconsistent, from a low of 6.5 million (1993
census), to a high of 14-17 million belonging to 110 ethno-linguistic groups. About 33% are reportedly in Northern
Luzon (Cordillera), about 61% in Mindanao, with some groups in the Visayas. University of Hawai'i at Manoa,
Philippines: Indigenous Peoples in Mindanao. https://guides.library.manoa.hawaii.edu/c.php?g=105238&p=687428
National Commission for Culture and the Arts (NCCA), Lumad in Mindanao. https://ncca.gov.ph/about-ncca-
3/subcommissions/subcommission-on-cultural-heritagesch/historical-research/lumad-in-mindanao/
United Nations Development Programme (UNDP) Philippines, Fast Facts: Indigenous Peoples in the Philippines.
http://www.ph.undp.org/content/philippines/en/home/library/democratic_governance/FastFacts-IPs.html
Micro-Enterprise. Out of 924,721 business enterprises (2017), some 828,436 or 89.59% are micro-enterprises.
Micro-enterprises accounted for about 30.26% of new jobs generated (2017), and contributed about 4.9% of the total
value added to the economy (2006). DTI, 2017 MSME Statistics. https://www.dti.gov.ph/dti/index.php/2014-04-02-03-
40-26/news-room/179-workshop-on-market-access-for-MSMe-set
Small-Medium Enterprise. Out of all business enterprises (2017), some 88,412 or 9.56% are small enterprises, and
3,829 or 0.41% are medium enterprises. Small enterprises accounted for about 25.85% of new jobs generated
(2017), and contributed about 20.5% of the total value added to the economy (2006). Id.
Large Enterprise. Out of all business enterprises (2017), some 4,044 or 0.44% are large enterprises. Large
enterprises accounted for about 37.15% of new jobs generated (2017), and contributed about 64.3% of the total
value added to the economy (2006). Some 2,320 enterprises classified as large taxpayers contributed about 61% of
internal revenue collections (2015). Id. National Tax Research Center (NTRC), Tax Research Journal, July-August
2016, page 14. http://www.ntrc.gov.ph/images/journal/2016/j20160708b.pdf
ccxli
Comments of Lt. Gen. Edilberto P. Adan (ret.), Chairman of the Advocates for National Interest (ANI) during the
online meeting with Tanggulang Demokrasya (Tan Dem), Inc. and PUBLiCUS Asia, Inc. on 12 March 2021, to clarify
for reference the alternative manner of sectoral and people representation in Congress under the People’s Draft.
ccxlii
The new electoral process for national government officials respects the right of voters to choose the political
heads of government by adopting “party voting” or “team voting.” In this process, the parties declare, and the voters
vote, for a candidate for Congress with a pledged nominee for President, following the usual parliamentary practice.
ccxliii
The two-party system is promoted because it simplifies political positions on specific national issues.
Nonetheless, smaller political parties are not legally barred from joining or advancing in the electoral competition.
Note however the position of Ang Kapatiran Party supporting instead a multi-party system, expressed through its
senior leaders, during the Webinar of 07 November 2020 organized by Mr. Arnel Endrinal, to present and discuss the
People’s Draft. In this alternative position, Section 5 of the Ordinance may read as follows: “A free and open party
system shall be allowed to evolve according to the free choice of the people.” 1987 Constitution, Article IX
Constitutional Commissions, C. Commission on Elections, Section 6.
ccxliv
The provision on the electoral process seeks to implement the principle of “open counting” to complement the
equally important principle of “secret voting.” The requirement of a manual count or audit intends to protect the
“sanctity of the ballot” in automated elections. Notably, the national and local elections in 2010, 2013 and 2016 have
been characterized by disabled safeguards. See D.B.Donato, Smartmatic, IFES and The Company, 01 February
2018, pages 1-4.
ccxlv
See We Care - Proposed Amendments to the Constitution, Article XVIII, Sec. 28, 30 November 2007.
ccxlvi
Draft Senate Bill to Rationalize Local Governance, Strengthen Local Government Units, Provide for Collective
Responsibility and Immediate Accountability, and Revise the Local Government Code, Explanatory Note,
D.B.Donato, 2019, which reads in part as follows:
“The comprehensive delineation of functions of the national and local governments promotes consistency in the
enforcement of government policy, by avoiding the overlap of jurisdiction by separate government bodies over the
same subject matter. Furthermore, it promotes the efficient use of government resources, by avoiding the duplication
of functions. Finally, it promotes the speedy implementation of government programs and projects, by avoiding delays
caused by conflicts of jurisdiction.”
ccxlvii
Id, Page 4, which reads in part as follows: “The consolidation of local government powers in cities and
municipalities
promotes the efficient use of government resources, by avoiding the overlap of jurisdiction by separate government
subdivisions over the same local territory. Notably, the cities and municipalities collectively, cover the entire national
territory without any overlap of territorial jurisdiction.
“Furthermore, the municipal and city governments constitute the basic government structure in present day human
settlements. While barangays were the dominant human settlements throughout the archipelago up to the 15th
27
century, these smaller size settlements have since given way to larger developments in the mold of municipalities and
cities.
“Compared to the provincial governments, the municipal and city governments are closer to the people in present day
municipalities and cities. Compared to the barangay governments, the municipal and city governments are more
capable and better equipped to promote the general welfare, deliver basic services, and enforce peace and order
throughout the entire municipality of city.”
ccxlviii
Id, Page 11. The purpose of providing for only one councilor in every local legislative district, instead of several
councilors in a district, is to level the playing field and promote political democracy. Competent but unknown
candidates with limited resources, will have better chances of winning elective posts against “rich and famous”
candidates, in smaller voting constituencies where voters have a better chance of knowing the true qualifications
of all the candidates, and where media manipulation of the masses is less effective.
ccxlix
See Rep. Act No. 7160, as amended by Rep. Act No. 9244, Local Government Code of 1991, Sec. 70(d).
ccl
See Rep. Act No. 7160, Local Government Code of 1991, Sec. 70(c). Original code provision before amendment
by Rep. Act No. 9244.
ccli
Id.
cclii
Id.
ccliii
Id.
ccliv
Id, Pages 11-12.
cclv
Id, Page 11.
cclvi
Id, Page 11, which reads in part as follows: “The consolidation of legislative and executive powers in the local
councils strengthens the local government units, by concentrating all political powers in one political body, and by
avoiding institutional deadlocks between the local legislature and the local executive. The vesting of executive
power, or more particularly the power to “hire-and-fire” the local executive, in a collegial body promotes good
governance, by institutionalizing joint responsibility, and by avoiding the concentration of executive power in a
single individual.”
cclvii
D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2. See Revised
Corporation Code, Sec. 27, that provides for the removal of a director or trustee upon 2/3 vote of the stockholders
or members, with or without cause, in relation to Sec. 23, that provides for a majority of the stockholders or
members to constitute a quorum to elect directors or trustees.
cclviii
Supra Local Government Code, Page 13. The term of five years is proposed as a reasonable period. Notably,
public office like any other office has a learning period. Since it is elective, it also has a campaign period, which by
experience is longer than the period set by law. Moreover, the term of five years coincides with the usual socio-
economic development plan set in multiples of five. In any case, elective officials who perform below standard
may be removed from office through mid-term recall elections.
cclix
Id.
cclx
See 1973 Constitution, Article VII, Sec. 1, and Article IX, Sec. 11. See 1987 Constitution, Article VII, Sec. 17.
cclxi
Id.
cclxii
See Rep. Act No. 7294, Metropolitan Manila Development Authority (1995); Exec. Order No. 392, Metropolitan
Manila Authority (1990); Pres. Dec. No. 824, Metropolitan Manila Commission (1975), preapproved in referendum on
27 February 1975. https://en.wikipedia.org/wiki/Governor_of_Metro_Manila
https://en.wikipedia.org/wiki/1975_Philippine_executive_and_legislative_powers_referendum
https://en.wikipedia.org/wiki/Metropolitan_Manila_Development_Authority
See Exec. Order No. 220, Cordillera Administrative Region (1987); Rep. Act No. 6766, Cordillera Autonomous Region
(1989), lost plebiscite on 30 January 1990; Rep. Act No. 8438, Cordillera Autonomous Region (1997), lost plebiscite
on 07 March 1998. Note that the Cordillera administrative region is not an autonomous region. Note also that the
executive order and statutes excluded Nueva Vizcaya, although culturally, demographically and geographically part of
the Cordilleras. https://en.wikipedia.org/wiki/Cordillera_Administrative_Region
See Rep. Act No. 7901, Caraga Administrative Region (1995). Note that the Caraga administrative region is not an
autonomous region.
See Exec. Order No. 325, Regional Development Council (1996).
See Exec. Order No. 561, Super Regions (2006).

cclxiii
D.B.Donato, Advantages and Disadvantages of Regional Decentralization, 06 May 2017, Page 1. See 1943
Constitution, Article III, Sec. 2, which reads in part as follows: “The National Assembly shall be composed of the
provincial governors and city mayors as members ex-officio, and of delegates to be elected every three years, one
from each and every province and chartered city.”
cclxiv
D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Pages 1-2.
28
cclxv
D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2. See Revised
Corporation Code, Sec. 27, that provides for the removal of a director or trustee upon 2/3 vote of the stockholders
or members, with or without cause, in relation Sec. 23, that provides for a majority of the stockholders or members
to constitute a quorum to elect directors or trustees.
cclxvi
D.B.Donato, Advantages and Disadvantages of Regional Decentralization, 06 May 2017, Page 1, which reads in
part as follows: “Another disadvantage of the federal system, which also applies to the autonomous region, is that
it creates another layer of partisan politics at the regional level. This may lead to wastage of resources for the
government, the political parties and the constituent communities.
“In any case, this political disadvantage may be avoided if instead of electing another set of regional politicians,
the present city mayors, municipal mayors and/or district congressmen will simply be designated as the ex-officio
members of the regional legislature or assembly.”
See 1943 Constitution, Article III, Sec. 2, which reads in part as follows: “The National Assembly shall be
composed of the provincial governors and city mayors as members ex-officio, and of delegates to be elected
every three years, one from each and every province and chartered city.”
cclxvii
D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Pages 1-2, which reads in
part as follows:
“Collective rule has various advantages over one-man rule for purposes of “good governance.” It promotes
proficiency, integrity and accountability in the making and implementation of decisions.
“PROFICIENCY. Collective rule by its inherent nature harnesses collective wisdom. It extrapolates to a higher level
the idiom “two heads are better than one.”
“INTEGRITY. Collective rule impedes graft and corruption because its group-based mechanism necessarily requires
the disclosure of material information to many individuals. As human experience shows, “corruption thrives in
secrecy, and withers in the light.”
“ACCOUNTABILITY. Collective rule strengthens accountability because it separates the “exercise of power” from the
“ultimate hold on power.” As political reality shows, the individual with delegated authority to exercise executive
power, routinely defers to the collective will of the assembly of people's representatives, because this body holds the
ultimate authority to hire-and-fire him/her.
“Collective rule weakens the control or influence of the oligarchs and the family dynasties over the government, by
dispersing the ultimate power of control from one individual to the assembly of people's representatives. At the same
time, it strengthens the government vis-a-vis the powerful vested interests, by consolidating the law-making and law-
execution powers in the assembly of representatives.
“Furthermore, collective rule diminishes the natural advantage of “rich and famous” candidates over competent but
unpopular candidates, by replacing one large national constituency with multiple small local constituencies. Notably, a
manipulative mass media is less effective in smaller constituencies, because here the voter has greater chances of
knowing the real qualities of the candidate. Moreover, the selection process involving multiple small constituencies
requires a substantially lower number of votes to win the post of chief executive.
“Finally, collective rule makes the chief executive more readily removable for acts or omissions involving fault or
negligence, through a mere vote of “loss of confidence” in the assembly of people’s representatives, rather than
through an impeachment trial, administrative proceeding or criminal prosecution.”
cclxviii
D.B.Donato, Advantages and Disadvantages of Collective Rule, 24 January 2017, Page 2, which reads in part
as follows: “One disadvantage of collective rule is that it is open to instability. Since the chief executive is usually
removable at any time by a vote of the majority of the members of the people’s assembly for mere loss of
confidence, there can be frequent changes in political leaders over short durations like every few months or years.
Changes in political leaders ordinarily involve changes in policy. This results in the unpredictability of government
that eventually hampers business and economic activity.
“Nonetheless, this political disadvantage may be avoided if the method to hire-and-fire the chief executive is
modified. The modified method can make it easy to “hire” the chief executive (such as by simple majority vote),
and difficult to “fire” him/her (such as by qualified 2/3 majority vote). Once elected, the chief executive can hold the
position until the expiration or termination of his membership in the people’s assembly, or until he is earlier
removed from office by qualified majority vote.
29
“This modified method of hiring and firing the chief executive may strike a balance between the need to address
the disadvantage of instability, and the need to retain the advantage of accountability.”
See Revised Corporation Code, Sec. 27, that provides for the removal of a director or trustee upon 2/3 vote of the
stockholders or members, with or without cause, in relation Sec. 23, that provides for a majority of the
stockholders or members to constitute a quorum to elect directors or trustees.
30

People's Draft establishes democratic principles

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People's Draft establishes democratic principles

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PEOPLE'S DRAFT

ARTICLE I, National Territory

ARTICLE II, Principles and Policies

ARTICLE III, Citizenship

Section 1. The following are citizens of the Philippines:

ARTICLE IV, Bill of Rights

Section 1. The Legislative power shall be vested in Congress.xli

ARTICLE VI, President

Section 1. Executive power shall be vested in the President.civ

ARTICLE VII, Supreme Court

ARTICLE VIII, General Provisions

ARTICLE IX, Federal State, Component State

The People’s Draft is a crowd-sourced constitution framed in 2018-2021 at the initiative

See Exec. Order No. 325, Regional Development Council (1996).

See Exec. Order No. 561, Super Regions (2006).

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