▪ Constitutional reform in the Philippines, also known as Charter
Change (colloquially Cha-Cha), refers to the political and legal processes needed to amend the current 1987 Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a People's Initiative, a Constituent Assembly or a Constitutional Convention. Methods of Charter Change Method Proposal Ratification Constituent Assembly Vote by three-quarters of all its members •Called into existence by Congress, with Plebiscite, not earlier than sixty days nor a vote of two-thirds of all its Members later than ninety days after the submission of the amendments or Constitutional Convention •Majority vote of all of the Members of revision. Congress, submitting to the electorate the question of calling such a convention. Petition of at least 12% of the total Plebiscite, not earlier than sixty days number of registered voters, of which nor later than ninety days after the People's Initiative every legislative district must be certification by the Commission on represented by at least 3% of the Elections of the sufficiency of the registered voters therein. petition. Proposed amendments or revision to the 1987 Constitution ▪ Ramos administration - The first attempt to amend the 1987 Constitution was under President Fidel Ramos. Among the proposed changes in the constitution included a shift to a parliamentary system and the lifting of term limits of public officials. Estrada administration - Under President Joseph Estrada, there was a similar attempt to change the 1987 constitution. The process is termed as CONCORD or Constitutional Correction for Development. ▪ Arroyo administration - Under President Gloria Macapagal Arroyo, there were more attempts to change the 1987 constitution. Constitutional reform was included in Arroyo's election campaign platform during the 2004 elections and was considered a high priority. After winning the 2004 elections, Arroyo, by virtue of Executive Order No. 453, created the Consultative Commission, headed by Dr. José Abueva . Sigaw ng Bayan's Initiative The political process that would carry on the proposed amendments recommended by the Consultative Commission was campaigned by the Sigaw ng Bayan group (Cry of the People) and ULAP in 2005–2006. Sigaw ng Bayan was headed by Atty. Raul Lambino, a former member of the Consultative Commission. On October 25, 2006, the Supreme Court, under Chief Justice Artemio Panganiban, by a vote of 8–7, narrowly rejected Sigaw ng Bayan's Initiative on two grounds: ▪ The initiative failed to comply with the basic requirements of the Constitution for conducting a people's initiative. ▪ The initiative proposed revisions and not amendments. Under the 1987 Constitution, a people's initiative cannot introduce constitutional revisions but only amendments. The Court held that changing the form of government, from presidential to parliamentary, or abolishing a house of Congress, like the Senate, are revisions, which cannot be done by a people's initiative. ▪ Constituent Assembly under De Venecia In December 2006, House Speaker Jose de Venecia, Jr. attempted to push for the constitutional change process by convening the House of Representatives of the Philippines and the Senate of the Philippines into a Constituent Assembly, or "con-ass," one of the three modes by which the 1987 Constitution could be amended. Constituent Assembly under Nograles-Pimentel Monico O. Puentevella on May 7, 2008, filed House Concurrent Resolution No. 15, which supported Senate Resolution No. 10 backed by 16 senators. Unlike the Nene Pimentel Senate Resolution, Puentevella included the option of holding a constitutional convention but excluded a People's Initiative.Prospero Nograles, a self- proclaimed advocate of federalism, announced on May 1, 2008: "This federal system of government is close to my heart as a Mindanaoan leader and I'm sure most of the leaders in Mindanao will agree that we have long clamored for it. Senate Resolution 10 is a pleasant surprise because the Senate has a long history of opposing any move to amend the Constitution." ▪ Aquino III administration Belmonte's joint resolution on economic provisions Under President Benigno Aquino III several proposals were put forth by different members of Congress. Senate Resolution No. 10, by Senator Pimentel, called for constitutional reform to convert to a federal republic. Cagayan de Oro Representative Rufus Rodriguez and Abante Mindanao (ABAMIN) party-list Representative Maximo Rodriguez Jr. filed a bill pushing for a federal and parliamentary government, in addition to economic liberalization. ▪ Duterte administration During the May 2016 election, Rodrigo Duterte stated in May 2016 that a plebiscite on the proposed replacement of the unitary state with a federal one will be held in two years. After winning, Duterte proposed to revive the proposed form of Nene Pimentel.On December 7, 2016, President Duterte signed Executive Order No. 10 creating a consultative committee (ConCom) to review the 1987 Constitution.Then on July 3, 2018, the ConCom unanimously approved the draft constitution through voting. It was submitted to the President on or before July 9 of the same year. Referred to as the "Bayanihan Constitution" (referring to the Filipino value of communal work) by Duterte and the consultative committee, the proposed federal charter includes an amendment that aims to prohibit elected officials from switching political parties during the first and last two years of their term, as a response to turncoat behavior. Also included are provisions that seek to ban political dynasties, barring "persons related within the second civil degree of consanguinity or affinity" from running for public office "simultaneously for more than one national and one regional or local position.