Constitutional reform is a definitive pedestal for the government to finally address the deep-rooted problems besetting the country, such as poverty, inequality and corruption, among others, experts contend.
In fact, changing the form of government was President Duterte’s battle cry since Day One of his election campaign. This drew support from both the majority and minority blocs in the House of Representatives.
Deputy Minority Leader and Party-list Rep. Eugene Michael B. de Vera of Arts and Business Science Professionals and Rep. Aurelio Gonzales Jr. of Pampanga have led the move to change the 1987 Constitution through the filing of Resolution of Both Houses 8, constituting the Senate and the House of Representatives, the 17th Congress, into a constituent assembly to propose revisions to the 1987 Constitution by adopting a federal form of government and for other purposes.
In an interview with the BusinessMirror, de Vera said instituting constitutional reforms could help improve the “quality of life” of Filipinos.
“[In filing the bill I told the House Committee on Constitutional Amendments that] you may adopt this in toto, amend it, but you can totally disagree with it and totally disregard it. But I told them at least we have something to start with. This could be our guide and they do agree,” de Vera added.
The federal form of government, the lawmaker said, will provide a venue for equal distribution of resources and decentralization of powers, which will benefit largely the far-flung regions and provinces of the country.
De Vera added it requires a bold makeover to eliminate built-in bias for so-called Imperial Manila and spur countryside development.
“So why federalism? Of course, it is the clamor right now. It’s a form of government that divides sovereign power among the national government, which is the central government, and regional governments are the state government so that each government has some independent authority, as compared to a unitary government where the national centralized government holds ultimate power,” he said.
Ball rolling
Recently, the House Committee on Constitutional Amendments created a technical working group (TWG) to start drafting the new Philippine Federal Constitution.
“With the filing of Resolution of Both Houses 8, the ball is now rolling,” de Vera said.
The TWG will draft the new Constitution in the absence of the Constitutional Commission (Con-com), a body of experts to be formed by the President that will help Congress in proposing Charter changes.
According to de Vera, the members of the House Committee on Constitutional Amendments are set to meet next week to divide the tasks in fine-tuning the proposals.
The TWG is expected to consolidate the Resolution of Both Houses 8 and the proposed changes that will be submitted by PDP-Laban Federalism Institute Executive Director Jonathan E. Malaya and Local Government Development Foundation Executive Director Edmund S. Tayao.
Malaya and Tayao are expected to finish their draft of the proposed Federal Constitution next week.
Meanwhile, the TWG is expected to submit to the mother committee its consolidated resolution by November for approval, while the plenary debates will start in January next year.
Proposed structure
Under Resolution of Both Houses 8, the Philippines will have two levels of government. The first tier is the federal government, which is presidential in form and with a bicameral legislature. The second tier is the regional government, which includes a regional assembly and component local governments consisting of the provinces, cities, municipalities and barangays.
The resolution said the President has all the powers under the 1987 Constitution and elected at large.
It said the legislative power is vested in the Federal Congress of the Federal Republic of the Philippines, consisting of the Senate and the House of Representatives. However, the Senate shall be composed of at least two to six senators per region. The senators will be elected at large of each region. A region with more than 5 million, 6 million, 7 million and 8 million inhabitants shall have an additional one, two, three and four senators, respectively.
The resolution also said that in the first election after the ratification of the new Constitution, the senators who obtained the lower number of votes in their respective regions shall serve for three years only and the rest for the full term of six years. In the succeeding elections, senators elected at large by the qualified voters of each region shall serve for six years.
On the other hand, the resolution said the House of Representatives shall be composed of the district representatives and party-list representatives. Unless otherwise provided by a subsequent law, the seats allocated to party-list representatives shall be filled via election in accordance with Republic Act 7491.
The measure said the Federal Supreme Court shall exercise all power given under the 1987 Constitution, while there shall be established in each region a regional court of appeals, which shall have exclusive jurisdiction to hear cases within the territorial boundaries of the region.
The Sandiganbayan shall be reorganized and distributed in the National Capital Region, Calabarzon, Central Luzon, Central Visayas, Bicol and Davao regions.
The resolution said the President shall exercise general supervision over regions. The regional governors of each region shall exercise general supervision over their respective provinces, highly urbanized independent cities, independent component cities and independent municipalities. The provincial governors shall exercise supervision over each province with respect to their component cities and municipalities, and the city mayors and municipal mayors with respect to their component barangays.
17 regions
Under the resolution, the Federal Republic of the Philippines shall be divided into 18 regions, including the National Capital Region, Ilocos, Cordillera, Cagayan Valley, Central Luzon, Calabarzon, Mimaropa, Bicol, Western Visayas, Central Visayas, Eastern Visayas, Zamboanga Peninsula, Northern Mindanao, Davao, Soccksargen, Caraga and Bangsamoro.
The measure said each region shall be governed by a regional governor who shall exercise executive power and regional assembly, which will be a unicameral legislature.
It added the local government units (LGUs) provided for under the 1987 Constitution shall continue to be governed by the provisions of the Local Government Code of 1991, as amended, unless the Federal Congress will provide otherwise.
The resolution also clarifies the country’s sovereignty over the territorial seas, while the rights, jurisdiction and duties over the exclusive economic zone shall be exercised subject to the United Nations Convention on the Law of the Sea and other rules of international law to further strengthen the government’s claim over the disputed islands in the South China Sea.
Revenue, taxes
The resolution added all revenues and taxes collected by the LGUs or by the agencies of the Federal government in accordance with the Local Government Code of 1991 shall be divided thus: 20 percent shall accrue to the Federal government and 80 percent to the regions.
Of the share accruing to the regions, 30 percent shall go to the region concerned and 70 percent shall be apportioned among the provinces, cities, municipalities and barangay according to the formula stated in the Local Government Code.
It said the financial requirement of the LGUs created by the regions or by the provinces, cities, or municipalities shall be borne by the creating entity.
It added that every province, city, municipality and barangay shall have the power to create its own sources of revenues and to levy taxes, fees and charges as provided by law, subject to such limitations as the Federal Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees and charges shall accrue exclusively to the LGU concerned.
According to de Vera, their proposals also include possible allowance of private corporations/associations to hold alienable lands for a period longer than 25 years through regional law to be passed by the regional legislature.
He said another economics provisions that are included in the measure are the possible transfer or conveyance to foreign individuals, corporations or associations through a regional law and possible allowance of foreign corporation to own certain areas of investments, public utilities, mass media and advertising industry in order to attract foreign investors through a Federal law.
Under the measure, the lawmaker said the central money authority will have representatives from each of the regions.
Elections
The resolution said the first election of members of the Congress of the Federal Republic of the Philippines and regional legislature, regional governors and vice governors and local elective officials under this Constitution shall be held on the second Monday of May 2019.
It added that of the senators first elected under the new Constitution, 18 senators who obtained the lowest number of votes in their respective regions they were representing shall serve until noon of June 30, 2022. The rest shall serve until noon of June 30, 2025.
Members of the House of Representatives and the regional legislatures, regional governors, regional vice governors and local elective officials shall all serve until noon of June 30, 2022.
Also, the six-year term of the incumbent President and Vice President elected in the May 9, 2016 elections shall end on noon of June 30, 2022.
The resolution said that, upon ratification of this proposed Constitution, the present Congress shall be dissolved and the incumbent President shall exercise legislative powers until the first Federal Congress is convened.
Image credits: AP/Aaron Favila, AP/Bullit Marquez
2 comments
Sana man lang ginawa nilang parliamentary.
may formula na nababagay dyan…