HIGHLIGHTS: Inside the Con-com’s proposed federal charter

The Consultative Committee (Con-com) tasked by President Rodrigo Duterte to review the 1987 Constitution has crafted a 114-page proposal for a fundamental law of the land that would usher in a shift from a unitary to a federal form of government.

Within hours of Monday's formal turnover ceremony, Duterte approved the proposal for endorsement to Congress almost as a whole. The only change he reportedly wanted in the submission was a provision for a new elected leader during the country's envisioned, but still uncertain, transition to federalism.

He is "tired," his spokesperson Harry Roque Jr. said, and would want to step down before any transition takes place, in an attempt to "remove all suspicions" that changing government systems would enable him to prolong his original six-year term, due to end in 2022.

But those rules, expected to be revised, are contained in only one of the 22 proposed provisions of the 22-member Con-com. Here are some highlights from the rest of them, some similar to their counterparts in the 1987 Charter.

The full document of the Con-com's proposal, whose main pitch is the distribution of state powers historically concentrated in the national government, could be viewed here.

Preamble

Envisions a sovereign Filipino people building a "permanent and indissoluble nation," a reference to an anti-secession provision

Article 1, National Territory

• The Philippines has sovereignty over its territory and even islands and features outside or archipelagic baselines "pursuant to the laws of the Federal Republic, the law of nations, and the judgments of competent international courts or tribunals" — a likely nod to the Permanent Court of Arbitration ruling in 2012 that invalidated China's massive claims to the South China Sea
• Country has sovereign rights over maritime expanse beyond territorial sea to the extent reserved by international law, "as well as over its extended continental shelf, including the Philippine Rise."

Article 2, Declaration of Principles and State Policies

• The Philippines as a democratic and republic state; renounces war as an instrument of national policy; civilian authority "at all times" supreme over the military's;  observance of rule of law; inviolable separation of church and state
• The Philippines to pursue independent foreign policy; freedom from weapons of mass destruction in territory; steps against graft and corruption, etc

Article 3, Bill of Rights

• Additional demandable rights: prohibition against unreasonable searches and seizure through technological, electronic, or any other means
• Social and economic rights: adequate food, universal and comprehensive healthcare, complete, quality education, adequate and decent housing, livelihood and employment opportunities
• Environmental and ecological rights: protection from and seek compensation for damage to environment and ecology caused by illegal and unsustainable natural resource exploitation

Article 4, Citizenship

• Those with Filipino citizen parentage or naturalized in accordance with law are considered Filipino citizens
• Dual allegiance of citizens "is inimical to the national interest and shall be dealt with by law"

Article 5, Suffrage and Political Rights

• On political parties: All parties need to be registered with Federal Commission on Elections with required submissions;
• Religious sects and political parties which seek to achieve goals through "violence or unlawful means" or are supported by any foreigner or foreign government won't be registered
• Financial contributions from foreigners, foreign governments given to political parties and affiliated organizations "constitute interference in national affairs" and is an added ground for registration cancellation
• Political parties to provide "as far as practicable" for "equal representation of women candidates" in every election
• Campaign financial contributions from religious groups, foreigners, foreign governments and illegal sources are prohibited
• Democracy fund: repository of campaign funds
• Political party members banned from switching parties within their term of office; candidates or political party officials prohibited from switching parties two years after election and two years before next
• Ban on political dynasties — No persons related to incumbent elective official within second civil degree of consanguinity or affinity can run for same position in the immediately following polls

Article 6, People's Initiative, Plebiscite, and Referendum

• Power of the sovereign people to directly propose amendments or revisions of the Constitution and propose, enact amend or repeal laws, acts, ordinances or resolutions passed by any legislative body

Article 7, Legislative Department

• At least one senator
• Up to 400 members of the House of Representatives — 60 percent to be elected from legislative electoral districts; 40 percent proportional representation (half of 40 percent to come from labor, peasant, urban poor, indigenous peoples, and fisherfolk groups in the three elections following Constitution's ratification)
• Six-year terms (for senator), three-year terms (for representatives), more than two consecutive terms

Article 8, Executive Department

• President, vice president to be elected
• Vice president shall be appointed, without need for confirmation, as Cabinet member
• Six-year term, one-reelection
• Grounds for declaration of martial law: "invasion, rebellion, or lawless violence, when the public safety requires it"

Article 9, Judicial Department

• Judicial power to be vested in Federal Supreme Court, Federal Constitutional Court, Federal Administrative Court, Federal Electoral Court
• The current Judicial and Bar Council to be renamed to Judicial Appointments and Disciplinary Council and vested investigative powers over disciplinary cases against judiciary officials, members and employees

Article 10, Constitutional Commissions

• Federal Civil Service Commission, Federal Commission on Elections, Federal Commission on Audit, Federal Commission on Human Rights, Federal Ombudsman Commission, Federal Competition Commission

Article 11, Federated Regions, the Bangsamoro, and the Federated Region of the Cordilleras

• There will be 16 federated regions (these are the constituent political units of an imagined federal republic) + the Bangsamoro and the Federated Region of the Cordilleras
• Prohibition against advocacy, demand, and support for secession from the federal republic
• Each federated region to have regional legislature, executive, and judiciary branches of government

Article 12, Distribution of Powers of the Government

• Federal government to have exclusive power over defense, foreign affairs, international trade, customs and tariffs, elections, law and order, federal crimes and justice system, etc
• Federated region to have exclusive power over its own socio-economic development planning, creation of sources of revenue, financial administration and management, tourism, etc.

Article 13, Fiscal Powers and Financial Administration

• Delineation of taxing powers of federal government and federated regions
• No double taxation to be allowed
• Federated regions to be given a share of not less than 50 percent of all collected income, excise and value added taxes and customs duties of the federal government, to be divided among them "equally" for automatic release
• Federal Intergovernmental Commission to administer Equalization Fund and assist federated regions in need in order to attain economic viability and sustainability

Article 14, Accountability of Public Officers

• Impeachment of president, vice president, members of the three high courts and the Federal Electoral Court, and members of the Constitutional Commissions to be both a political and judicial process, meaning an impeachment committee would be formed in Congress, but the articles of impeachment, if any, would be filed before the Federal Constitutional or Administrative Court.

Article  15, National Economy and Patrimony

• Equitable distribution of opportunities, income, and wealth
• Private corporations whose shares of stocks are owned or controlled at least 60 percent by Filipinos may lease up to 1,000 hectares of alienable lands of the public domain for only up to 25 years, renewable for another 25.
• Exploration, development and utilization of natural resources to be a shared power of federal and regional governments
• Marine wealth of the Philippines which lies in its archipelagic waters, territorial sea and exclusive economic zone "is reserved exclusively to Filipino citizens."

Article 16, Social Justice

• No person to be denied employment by reason of age, gender, political or religious belief, ethnicity, status, physical appearance or disability, and other conditions that amount to discrimination
• Qualified Filipino citizens to be given employment preferences in all industries
• Agrarian reform — state to encourage and undertake the "just distribution of all agricultural lands" subject to reasonable limits prescribed by Congress
• Continuing program for urban land reform and housing
• Integrated and comprehensive approach to health development and availability of universal health care
• Protection of working women through provision of safe, healthful working conditions, considering maternal functions
• Respect for the role of independent people's organizations

Article 17, Education, Science and Technology, Arts, Culture and Sports

• Protection and promotion of all citizens' right to quality education at all levels, take appropriate steps to make education "accessible to all"
• All educational institutions required to teach the Federal Constitution, Philippine history and culture
• National language: Filipino; Official languages: Filipino, and until otherwise provided by law, English; regional languages to serve as auxiliary media of instruction

Article 18, The Family

• No reference to same-sex marriages or same-sex civil unions, only provides for the republic's defense of spouses' right to found a family in accordance with religious convictions, demands of responsible parenthood, rights of children, the family, etc.

Article 19, National Security and Public Order

• Tour of duty of Chief of Staff of the Armed Forces, Chief of the Philippine Federal  Police, and the Commandant of the Philippine Coast Guard: No less than two years and no more than three years from time of appointment, "unless sooner removed by the president for loss of trust and confidence"
• In the event of a cyberattack that "clearly endangers the security of the Federal Republic," president to take "all necessary actions to repel and quell the attack"

Article 20, General Provisions

• "In case any region fails to comply with its obligation, as provided for in the Constitution, which seriously undermines the sovereignty, territorial integrity, economy, or the unity of the Federal Republic, the President may intervene and take all measures necessary and proper to address the failure;" then the president would report to Congress, which may in turn authorize him or her to "take further actions until the crisis is resolved."

Article 21, Amendments or Revision

• Amendments or revisions of Constitution may be proposed by people's initiative, the Federal Congress upon a vote of a third of all its members "voting separately," or a constitutional convention;
• "The democratic and republican character of the government, its federal structure, its indissolubility and permanence shall not be subject to amendments or revisions."
• No amendment or revision to the Constitution to be allowed within five years of its ratification. After that, no change will be allowed within five years from the plebiscite to amend or revise it.

Article 22, Transitory Provisions (subject to review and revision in accordance with Duterte's instructions)

• President to head a Federal Transition Commission, a 10-member body of experts in economy, law, fiscal management, governance or development
• All living past presidents may be consulted by this proposed commission
• The transition commission will be tasked to formulate, adopt, and execute a transition plan for the "orderly shift to the new system of government."
• It is proposed to have the power and duty to "exercise all powers necessary and proper to ensure a smooth, speedy, and successful transition."
• "The term of the President and Vice President, which shall end on June 30, 2022, shall not be extended."