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CHARTER CHANGE

WHAT IS CHARTER CHANGE?

▪ 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.

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