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CHARTER CHANGE: So Far (Series 1)
« on: February 07, 2018, 02:52:07 PM »

Changing the Constitution: What are being proposed so far

We track the proposed revisions to the 1987 Constitution, based on draft constitutions and proposed changes by the House of Representatives

By MICHAEL BUEZA
February 03, 2018

MANILA, Philippines - More than 3 decades since its ratification, the 1987 Constitution seems poised for an overhaul.

Efforts are currently underway in Congress to revise the current Constitution, mainly to set up a federal form of government.

Proposed revisions have been reflected in the following documents:

#Resolution of Both Houses (RBH) Number 8, which was consolidated in House Concurrent Resolution (HCR) Number 9

#Proposed Constitution by the PDP-Laban Federalism Institute (FI)


Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=89152.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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« Reply #1 on: February 07, 2018, 02:53:00 PM »

The House committee on constitutional amendments, split into 4 subcommittees, considered these inputs and presented summaries or salient features of its own proposals in mid-January 2018.

Meanwhile, President Rodrigo Duterte has set up a 19-member consultative body tasked to review the Constitution.

Here's a comparison of key proposed revisions to the 1987 Constitution so far, based on RBH 8, PDP-Laban's draft, and the House subcommittee summaries.

This serves only as a tracker of proposed changes, and should not be seen as the final version of a revised Constitution.

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« Reply #2 on: February 07, 2018, 02:57:26 PM »

This page will be updated as further changes come in.

Not listed below are minor revisions, such as the addition of the word "Federal" (as in "Federal Congress" or "Federal Supreme Court,” or variants of the phrase "Federal State and/or the Regions."

Phrases highlighted in light orange (blue letters here in TB) are the portions of the 1987 Constitution that are eyed for amendments, while those in yellow (red letters here in TB) are new phrases or sections inserted in a draft charter. Texts in bold and italics are changes proposed by the House subcommittees, pending the release of a final version of the House's draft constitution.

So far, only the entirety of Article IV (or constitutional provisions on citizenship) is left untouched in all proposals.

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« Reply #3 on: February 07, 2018, 03:11:59 PM »

Preamble

In RBH 8, the phrase "more perfect society" would be replacing "a just and humane society." The new phrase is similar to that of the United States Constitution, where "more perfect Union" is used.

RBH 8

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a more perfect society and establish a federal form of Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines.

PDP-Laban

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines.

House subcommittee

-The word "love" is removed, "because it has no place in a Constitution."
-"Federal Republic of the Philippines" is used.
-The phrase "competent and reliable federal form of Government" is inserted.

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« Reply #4 on: February 07, 2018, 03:21:05 PM »

Article I: National Territory

All proposals emphasize our maritime claims, citing the United Nations Convention on the Law of the Sea that sets the rights and economic zones of its signatory countries.

This is to assert our country's rights over contested waters in the West Philippine Sea or South China Sea. In July 2016, the Philippines won the arbitral case at the Permanent Court of Arbitration over China's controversial "9-dash line".

RBH 8

The national territory over which the Federal Republic of the Philippines exercises sovereignty comprises the total land area of all Regions of the Philippine archipelago, its internal and archipelagic waters and territorial sea, including the air space, seabed, subsoil, and resources within its territorial boundaries. All other territories over which the Philippines has claimed sovereignty or jurisdiction are also included.

The sovereignty over the territorial sea as well as the rights, jurisdiction and duties over the contiguous zone and 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.

PDP-Laban

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

The national territory shall likewise include all islands and territorial waters occupied or claimed by the Philippines out of historical title, by discovery or other means recognized under international laws and conventions including its exclusive economic zone as defined by the United Nations Convention on the Law of the Sea.

House subcommittee

-The phrases "sovereign rights" and "maritime domains", based on definitions under the UNCLOS, are used.
-The phrase "which shall include all territorial island, waters, and air space allowed or recognized under our domestic laws and international laws and conventions" is inserted.

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« Reply #5 on: February 07, 2018, 03:55:58 PM »

Article II: Declaration of Principles and State Policies

Type of state

RBH 8 borrows the word "indivisible" from the constitutions of Mexico and France to further classify the type of federal state that the Philippines will be. PDP-Laban's draft uses "democratic federal republic", while the House subcommittee's notes use a similar phrase as in RBH 8.

RBH 8

Section 1. The Philippines is an indivisible, democratic, republican and federal State. Sovereignty resides in the people through suffrage and all government authority, whether federal or regional, emanates from them.

PDP-Laban

Section 1. The Philippines is a democratic federal republic. Sovereignty resides in the people and all government authority emanates from them. As a federal republic, regional autonomy towards federalism shall be recognized within the framework of a national unity and the Constitution.

House subcommittee

-The phrase "democratic, republican, indivisible and federal state" is used.
-This sentence is listed: "As a federal republic, regional autonomy towards federalism shall be recognized within the framework of a national unity and the Constitution."

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« Reply #6 on: February 07, 2018, 04:07:51 PM »

Law and order, anti-terrorism

Besides renouncing war as national (or regional) policy, the proposed Federal State would explicitly denounce terrorism in the draft charter in RBH 8 and in the notes of the House subcommittee, which also stress law and order.

All drafts promote additional items crucial to Filipinos' enjoyment of democracy.

RBH 8

Section 4. The Federal State abhors any act of terrorism and renounces war as an instrument of national or regional policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

[...] Section 7. The maintenance of law and order and equal opportunity among its citizens, the protection of life, liberty, and property, and the promotion of the general welfare, sustainable development, internal cohesion and cultural diversity of the country are essential for the enjoyment by all the people of the blessings of democracy.

PDP-Laban

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

[...] Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of economic growth and efficiency, and the enhancement of the people's well-being and general welfare are essential for the enjoyment by all the people of the blessings of democracy.

House subcommittee

-The phrase "abhors any act of terrorism" is added.
-The phrase "and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations" would be deleted, because the subcommittee says it has "no legal or constitutional significance and it prevents the country from laying aggressive claim over Sabah."
-The phrase "The maintenance of law, peace and order" is used.
-The phrase "equal opportunity among Filipino citizens" is added, while "the promotion of economic growth and efficiency, the enhancement of the people's well-being and general welfare, sustainable development, internal cohesion and cultural diversity of the country" is used.

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« Reply #7 on: February 07, 2018, 08:34:38 PM »

Anti-dynasty law

The draft charter in RBH 8 and a House subcommittee's notes would instruct the first Congress under the Federal State to immediately enact a law banning political dynasties.

PDP-Laban's charter has the same provision for dynasties as in the 1987 Constitution, but the institute proposes a rewording "to make [the provision] self-executory." Provisions under the section for the Federal Commission on Elections would prohibit members of political dynasties to hold federal government positions.

The 1987 Constitution left it to Congress to craft such law, but none has been passed over the last 3 decades.

RBH 8

Section 30. The Federal State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as shall be defined by law to be immediately passed by the first Federal Congress under this Constitution.

PDP-Laban

Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties.

* The PDP-Laban Federalism Institute said this part would be "for rewording to make it self-executory".

House subcommittee

-The Federal Republic shall guarantee equal access to opportunities for public service, and prohibit political dynasties as shall be defined by law to be immediately passed by the first Federal Parliament.

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« Reply #8 on: February 08, 2018, 04:17:48 AM »

New, revised principles, policies

In RBH 8, a new section in Article II declares the federal state's commitment to take care of natural resources and ensure international order. Another mentions the intent to make the State "a drug-free country".

Meanwhile, many state principles and policies are revised in PDP-Laban's version and in the House subcommittee proposals. Among them: leaving out the phrase where the State should develop a national economy "effectively controlled by Filipinos".

RBH 8

Section 5. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the Federal State. Its goal is to secure the sovereignty of the Federal State and the integrity of the national territory and the Regions comprising it.

[...] Section 8. The Federal State is committed to the long term preservation of natural resources and to a just and peaceful international order.

[...] Section 15. The Federal State and all its regions shall be a drug-free country.

[...] Section 23. The Federal State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

[...] Section 25. The Federal State shall promote comprehensive rural development and agrarian reform.

Section 26. The Federal State recognizes and promotes the rights of indigenous cultural communities within the framework of unity and development at the national and regional level.

Section 27. The Federal State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

Section 28. The Federal State recognizes the vital role of communication and information in nation-building.

Section 29. The Federal State shall ensure the autonomy of local governments.

PDP-Laban

Section 3. Civilian authority is, at all times, supreme over the military. The Government of the Philippines is the protector of the people and the State. The goal of the Armed Forces is to secure the sovereignty of the Federal Republic and the integrity of the national territory.

[...] Section 19. The State shall promote the development of a dynamic and productive economy where opportunities, income and wealth are equitably distributed.

[...] Section 21. The State shall promote rural development, higher agricultural productivity, and equitable land ownership arrangements.

Section 22. The State recognizes and promotes the rights of indigenous peoples and cultural communities within the framework of national unity and development.

Section 23. The State shall empower civil society through its non-governmental, community-based, or sectoral organizations and its professional and civic associations and foundations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of learning and communication and information in nation-building and promotes the joint development of the national language and culture and the regional languages and cultures, to enrich and enliven the people's lives and strengthen national unity in diversity.

Section 25. The State shall ensure the autonomy and promote the economic viability of the regions and their constituent local governments. The Parliament shall provide a program of partnership aid to the various regions in support of their development programs and the basic needs of poor and needy constituents.

House subcommittee

-The federal government is the protector of the people and the Federal Republic. The goal of the Armed Forces of the Philippines is to secure the sovereignty of the Federal Republic and the integrity of the national territory and the regions comprising it.
-The Federal Republic is committed to the long-term preservation of natural resources and to a just and peaceful international order.
-The Federal Republic shall promote the development of a dynamic and productive economy where opportunities, income and wealth are equitably distributed. (The sentence "The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos." would be deleted.)
-The Federal Republic shall promote rural development, higher agricultural productivity, and equitable land ownership arrangements. (The sentence "The State shall promote comprehensive rural development and agrarian reform." would be deleted. This is similar to the proposal of PDP-Laban, which explained that policies for these are "better left to the Parliament.")
(The rest of the changes are the same as Sections 22 to 25 of PDP-Laban's draft charter.)

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« Reply #9 on: February 10, 2018, 02:37:07 PM »

Article III: Bill of Rights

The Bill of Rights would largely be retained, except for changes in certain sections as introduced in RBH 8 (on freedom of movement between regions) and in a House proposal to limit the protection for freedom of speech..

RBH 8

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. All Filipinos shall have the right to move freely throughout the Federal State, from one Region to another.

House subcommittee

Section 4 would be amended as follows:
-No law shall be passed abridging the responsible exercise of the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

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« Reply #10 on: February 10, 2018, 02:44:26 PM »

Article V: Suffrage

The participation of overseas absentee voters is emphasized. In RBH 8, Congress/Parliament would also be tasked to prioritize, not just design, a law that would provide for a procedure where the disabled and the illiterate can vote without assistance.

Absentee voting is already provided for in Republic Act 9189. Meanwhile, Republic Act 10366 allows senior citizens and persons with disabilities to be assisted by relatives or poll officers.

RBH 8

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and, except for qualified Filipinos abroad under a system for absentee voting as may be provided by law, who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Section 2. The Federal Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Federal Congress shall prioritize the passage of a law specifying the procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

PDP-Laban

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. The residency requirement mentioned herein shall not apply to qualified voters residing or working overseas. The residency requirement of such citizens is defined by law.

Section 2. The Parliament shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Parliament shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

House subcommittee

The phrase "except for qualified Filipinos abroad under a system for absentee voting as may be provided by law" would be inserted.

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« Reply #11 on: February 10, 2018, 03:47:00 PM »

Article VI: The Legislative Department

In all proposals, Congress would remain bicameral. In RBH 8, both houses would still be known by their current names, with almost the same roles.

But in PDP-Laban's draft charter and as proposed in the House, Congress would be called the Parliament, composed of the Senate and the Federal Assembly. The Prime Minister, head of the Federal Assembly, would have considerably bigger powers as head of government.

The Senate

In RBH 8, up to 6 senators may represent each of the 18 regions, based on their population. Their terms will remain to be for 6 years, but the lowest vote-getter in each region in the first election under a new Constitution would only serve for 3 years.

In PDP-Laban's draft charter and as proposed by a House subcommittee, 3 senators would represent each region, with a term of 5 years each.

In their executive summary, PDP-Laban said the Senate's powers "shall be limited to the review of bills passed by the Federal Assembly."

RBH 8

Section 1. Except for powers reserved to each Region and to the people by the provision on initiative and referendum, the legislative power shall be vested in the Congress of the Federal Republic of the Philippines which shall consist of a Senate and a House of Representatives.

Section 2. The Senate shall be composed of at least two up to a maximum of six Senators from each Region who shall be elected at large by the qualified voters of each Region. A region with more than 5 million, 6 million, 7 million and 8 million inhabitants shall have an additional of one, two, three, and four Senators, respectively. Each Senator shall have one vote.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter in the Region in which he shall be elected, and a resident thereof for a period of not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

In the first elections after the ratification of this Constitution, the Senators who obtained the lowest 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.

PDP-Laban

Section 1. The legislative power shall be vested in the Parliament of the Federal Republic of the Philippines which shall consist of two houses: the Federal Assembly, as the national legislative department, and the Senate, as the legislative body representative of the regions, except to the extent reserved to the people by the provision on initiative and referendum.

[...] Section 5. Each region shall have three (3) seats in the Senate. The Senators receiving the three highest number of direct votes by registered voters in a region shall represent their region in the Senate.

Section 6. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, and a registered voter and a resident of the region in which he was elected as Senator for not less than two years immediately preceding the day of the election.

Section 7. The term of office of the Senators shall be five (5) years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

A person who has served as a Senator without interruption for a period of more than three (3) years within the five (5) year term shall be considered to have served a term as a Senator. No person who has served one term as a Senator who has served a second consecutive term as such without interruption for more than three (3) years shall be qualified for election for a third consecutive term.

[...] Section 27. [...] (4) Every bill passed by the Federal Assembly shall be submitted for the concurrence of the Senate unless otherwise provided in this paragraph. [...]
(5) The Senate shall primarily represent the regions in the federal government and in the Parliament. The Senate shall not initiate legislation. [...]


House subcommittee

Each State shall have a minimum of 3 seats in the Senate. The senators receiving the three highest number of direct votes by registered voters in a region shall represent their region in the Senate.

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« Reply #12 on: February 10, 2018, 03:56:50 PM »

RBH 8 proposal: House of Representatives retained

This draft constitution does not set a maximum number of district congressmen, unlike the current charter, which sets a limit of up to 250. (In the current 17th Congress, there are 238 legislative districts.) Thus, redistricting should be monitored if this provision would pass.

The period for possible reapportionment of districts would also be reduced to within one year following a census. The 250,000 population requirement for the creation of a district would remain, as well as the 20% seat allocation for party-list representatives.

The current Party List Law would become the constitutional basis for the election of representatives from marginalized sectors, until it is replaced by a new law.

RBH 8

Section 5. (1) The House of Representatives shall be composed of one elective District Representative from each of the Legislative Districts apportioned by law among the provinces, highly-urbanized independent cities, independent component cities, component cities and municipalities in each Region in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and Party-List Representatives who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

(2) Party-list representatives shall constitute twenty per centum (20%) of the total number of representatives including those under the party list. Until otherwise provided by a subsequent law, the seats allocated to party-list representatives shall be filled by election in accordance with Republic Act No. 7941 or the Party-List System.

(3) Each legislative district in all Regions shall comprise, as far as practicable, contiguous, compact and adjacent territory. A province, highly-urbanized independent city, independent component city, component city and municipality in a Region or a combination thereof, with a population of at least 250,000, shall be apportioned as one Legislative District.

(4) No Legislative District may be reapportioned except pursuant to a national census. Within one year after every national census, the House of Representatives may propose a reapportionment of Legislative Districts in all Regions based on the standards provided in this section.

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xx - CHARTER CHANGE: So Far (Series 1) - Philippine Government
Re: CHARTER CHANGE: So Far (Series 1)
« Reply #13 on: February 15, 2018, 06:26:53 PM »

PDP-Laban/House proposal: The Federal Assembly

In PDP-Laban's draft charter and based on the House proposal, the current House of Representatives would be transformed into the Federal Assembly, which would be the sole body initiating legislation. (In PDP-Laban's version, assemblymen could be elected to two 5-year terms, from the current 3 3-year terms.)

But there are differences between the two proposals. Among others, the Federal Assembly’s membership would be capped to 400 (in the PDP-Laban's draft) or 300 (in the House proposal). Sectoral representation would come from either a political party or the current party-list system. They also differ as to how many voters a city should have for a seat in the Assembly.

PDP-Laban

Section 2. (1) The Federal Assembly shall be composed of not more than four hundred (400) members unless otherwise provided for by law.

(2) Sixty per centum (60%) of the members of the Federal Assembly shall be elected by plurality votes where each single member legislative electoral district shall have one (1) seat in the Federal Assembly.

(3) The remaining forty per centum (40%) of the members of the Federal Assembly shall be elected by proportional representation by region where the registered voters within each region shall be allowed to cast a vote for a political party with a closed-list of nominees. Proportional representation shall mean that a political party's closed list of nominees shall be entitled to the number of seats in the Federal Assembly equivalent to the percentage of the number of votes received by the political party in proportion to the total number of votes cast for all political parties within a region. The political party or parties that won seats in each region shall be allowed to fill the seats with its nominees as members of the Federal Assembly in accordance with the order of the names in the list.

(4) Single member legislative districts shall be apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants on the basis of a uniform progressive ratio as may be provided by federal law.

(5) Each single member legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand (250,000) voters, or each province, shall have at least one member of the Federal Assembly.
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[...] Section 4. The Members of the Federal Assembly shall be elected for a term of five (5) years which shall begin, unless otherwise provided by law, at noon on the thirtieth of June next following their election. No Member of the Federal Assembly shall serve for more than two (2) consecutive terms. [...]

[...] Section 27. (1) The Federal Assembly shall be vested with primary legislative power. Every bill shall be initiated and passed by the Federal Assembly. [...]

House subcommittee

-The Federal Assembly shall be composed of not more than 300 members unless otherwise provided by law.
-80 percent of the members shall be elected from legislative electoral districts, while 20 percent shall be elected through a party list system of registered federal or sectoral parties or organizations.
-Each city with a population of at least 350,000 voters, or each province, shall have at least one member of the Federal Assembly.

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Re: CHARTER CHANGE: So Far (Series 1)
« Reply #14 on: February 15, 2018, 06:37:59 PM »

Dismissal of PM, dissolution of Federal Assembly

PDP-Laban's draft charter borrows a feature from other parliaments where the Prime Minister could be removed, and the President would appoint a new one. The Federal Assembly could also be dissolved; however, the Senate would still continue to function.

PDP-Laban

Section 10. In case of dissolution of the Federal Assembly, the Senate shall not be dissolved and the Senators shall continue their terms of office in accordance with the Constitution and prevailing laws.

[...] Section 35. (1) The Federal Assembly may express a vote of no confidence on the incumbent Prime Minister through a majority vote of all its members and a motion requesting the President to dismiss the Prime Minister. The President shall then dismiss the incumbent Prime Minister and appoint a new Prime Minister in accordance with section 24 of Article VII of the Constitution.

(2) The Prime Minister may advise the President in writing to dissolve the Federal Assembly based on a vote of no confidence on the government by a majority of all the members of the Federal Assembly, in which case, the President shall dissolve the Federal Assembly and call for a new election for the positions of the members of the Federal Assembly. The President shall dissolve the Federal Assembly not earlier than five (5) days nor later than ten (10) days from his receipt of the advice of the Prime Minister.

(3) In all cases of dissolution of the Federal Assembly, the President shall call for an election on a date which shall not be earlier than forty-five (45) days nor later than sixty (60) days from the date of such dissolution.

(4) The President may also dissolve the Federal Assembly for failure of parliament to pass a budget for two successive plenary votes or for two successive majority votes of no confidence on the Prime Minister as set under paragraph 1 of this section.

(5) No dissolution of the Federal Assembly shall take place in any of the following: (a) During times of war or a state of emergency declared by the President unless lifted by a majority vote of the members of the Senate present in a session where there is a quorum; (b) Within six (6) months immediately preceding or immediately following any election for members of the Federal Assembly; (c) Within twelve (12) months immediately following a dissolution of the Federal Assembly; (d) During the pendency of impeachment proceedings against the President; (e) Successive dissolution for the same reason

(6) In case of dissolution of the Federal Assembly or the termination of regular term of office of its members, every seat for the position of the members of the Federal Assembly shall become vacant but the incumbent Prime Minister and the cabinet shall continue to conduct the affairs of government until the new Federal Assembly has been elected and a new Prime Minister has been chosen in accordance with the Constitution.

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