DRAFT FEDERAL CONSTITUTION

There is now a draft federal constitution filed at the Lower House as part of a proposal to convene a Constituent Assembly to amend the 1987 Constitution.

Constitutional Amendments have been a key proposal of the Duterte Administration and its allies.

Resolution of Both Houses Number 08 filed August 2, 2017 was filed by Representatives Aurelio Dong Gonzales Jr and ABS Party List Rep. Eugene Michael De Vera calls for a constituent assembly to consider an attached working draft of a federal constitution.

Among the salient differences  of the draft constitution for a “Federal republic of the Philippines” from the current constitution are:

-sovereignty over the territorial sea as well as rights, jursidiction and duties over the contiguous zone and the exclusive economic zone shall be exercised  subject to the UN Convention on the law of the sea. it also mandates that all other territories over which the Philippines has claimed sovereignty or jurisidiction shall become part of the national territory.

-it effects a shift to e federal form of government with the following regions exercising state powers: NCR, Ilocos, Cordillera, Cagayan Valley, Central Luzon, CALABARZON, MIMAROPA, Bicol, Western Visayas, Negros Island, central Visayas, Eastern Visayas, ZAmboanga Peninsula, northern Mindanao, Davao, Soccksargen, Caraga and Bangsamoro.

-the creation of  a Federal Congress with a Senate and House of representatives. Each Region will have 2 to 6 senators depending on their population size. they shall serve for a 6 year term. The House will still have one representative per district, aside from party list representatives who shall comprise 20% of the membership.

-The Federal Congress retains jurisidiction over national security and defense, declaration of war, foreign relations, foreign trade though regins may have trade relations with other countries upon prior notice to the President; custons and quaratntine, federal currency, taxation, monetary system, immigration, emiration and extradition, inter regional commerce and trade, federal public works and infrastructure, federal postal ad telecommunication, federal air, sea and land transportation, intellectial property and copyright, metereology and standards aof weights and measures, grants in aid to regions, federal census and statistics, federal loans, federal penal system, cloning, genetic research and engineering, settlement of territorial and other disputes among states, offenses defined in the revised penal code

-The offices of President and Vice-President, a Federal Supreme Court, regional court of Appeals, the Sandiganbayan; the Commissions on Civil Service, Audit, elections and human rights, and Ombudsman

-the offices of regional governor and vice governor serving 6 year terms; a regional legislature which can pass laws on matters not exclusive to the Federal Congress. the regional governments shall be entitled to 80% of the revenues and taxes collected by LGUS or the agencies of the federal government in accordance with the local government code. of the share of the regions, 30% shall accrue to the region while 70% shall accrue to the provinces, cities, municipalities and barangays

  • the federal congress will be empowered to relax existing restrictions on foreign investments by mere legislation

The 83 page document will now be deliberated by congressional panels in preparation for a bigger deliberation later this year.

Congressional leaders are hoping to convene the assembly to approve amendments next year.

The draft is attached through the link below:

RBH0008