Moves to change the 1987 Constitution
The faction of PDP-Laban chaired by former President Rodrigo Duterte has agreed in a meeting earlier today to support Charter change, says Melvin Matibag, the party's secretary-general
— Philstar.com/Xave Gregorio
The House of Representatives votes 301-7 to pass on final reading House Bill 7352 or the proposed Constitutional Convention Act to amend the 1987 Constitution. — Cristina Chi
The House of Representatives approves on second reading House Bill 7352 or the act implementing Resolution of Both Houses No. 6, calling for a constitutional convention to propose amendments to, or revision of, the 1987 Philippine Constitution. — The STAR
With a vote of 301-6 and one abstain, the House of Representatives approves on third and final reading Resolution of Both Houses 6 calling for a constitutional convention. — Cristina Chi
Speaker Lord Allan Velasco says he wants to "liberalize the restrictive economic provisions in the Constitution" upon authoring Resolution of Both Houses 2, that seeks to emdn the 1987 Constitution.
The House leader adds that they propose to amend certain sections of Articles XII (National Patrimony and Economy), XIV (Education, Science and Technology, Arts, Culture and Sports) and XVI (General Provisions) to add the phrase "unless otherwise provided by law."
"As global economies slowly start to reopen, we cannot allow the Philippines to lag behind in terms of investments and opportunities. We need to seize the momentum if we are to fully recover from the economic devastation of COVID-19," Velasco says in a statement.
Two senators have filed a resolution to convene the 18th Congress as a constituent assembly to introduce limited amendments to the 1987 Constitution.
Sens. Bato dela Rosa and Francis Tolentino filed Resolution of Both Houses No. 2 on December 7, which seeks to revise the constitution "limited to the provisions on democratic representation and the economic provisions of the Constitution."
"WHEREAS, against the backdrop mounting economic and health concerns brought about by the pandemic, it is important to ensure that the subsequent national policies and strategies for the rehabilitation of our nation be responsive to the needs of our people in order to bring about genuine economic growth and sustainable development," the resolution reads.
House of Representatives leaders meet on Wednesday to discuss Charter change.
House constitutional amendments panel chair Alfredo Garbin tells Philstar.com that Speaker Lord Allan Velasco gave a directive to tackle proposed amendments to restrictive economic provisions in the Constitution.
"It’s long overdue, ours is a 33-year-old Constitution of which it’s restrictive economic provisions no longer conforms to the needs of time," Garbin says. — Xave Gregorio
House leaders met today to discuss Charter change. House constitutional amendments panel chair Alfredo Garbin tells @PhilstarNews that Speaker Lord Allan Velasco gave a directive to tackle proposed amendments to restrictive economic provisions in the Constitution pic.twitter.com/VDIsFWnMXG
— Xave Gregorio (@XaveGregorio) January 6, 2021
President Duterte does not intend to stay in power beyond his term, Malacañang said yesterday, as it maintained that the 2022 elections can only be postponed if the 1987 Constitution is amended.
Presidential spokesman Harry Roque says the only elections that can be deferred are those that are not stated in the constitution like the barangay polls.
"It (postponing the 2022 elections) can never be an option for Malacañang unless the Constitution is amended," Roque says, noting that the Constitution specifies the date of the election of the President, Vice President, representatives, and senators.
"The President is not interested in extending his term and he leaves it to the Filipino people, the sovereign people, to decide if they want to amend the Constitution to postpone the elections," he adds.
The constitution states that the regular election for President, Vice-President, senators, and members of the House of Representatives shall be held on the second Monday of May. — The STAR/Alexis Romero
An attempt at the House of Representatives to change the 1987 Constitution to give local officials five-year terms will not prosper in the upper house of Congress, Senate Minority Leader Franklin Drilon says Monday.
"If the House of Representatives would insist on passing Cha-cha, make it a point to include their return address, because the Senate and the Filipino people will not accept it," he says in a press statement.
He says charter change is not among the Senate's priorities, echoing an earlier statement from Senate President Vicente Sotto III.
The House committee on constitutional amendments reportedly approved in a closed-door meeting last week a resolution that would give House members and other local officials five-year terms from the current three-year terms.
The same resolution also adds the phrase "unless otherwise provided by law" to economic provisions in the charter.
Senate Minority Leader Franklin Drilon notes the omission of charter change and federalism from President Rodrigo Duterte's 4th SONA, saying the president's silence on the campaign promise "speaks volumes."
"For me, the non-inclusion of federalism indicates that the [charter change] was laid to rest yesterday. The SONA became cha-cha’s ‘final resting place,'" Drilon says.
Attempts to amend the 1987 Constitution during past administrations have failed and attempts towards the end of a sitting president's term have suffered from a perception that these are attempts to do away with term limits and to stay in power.
"Hence, those who have plans to revive it this 18thCongress should better think twice. It will be an exercise in futility," he also says.
The 2022 elections are not too far away too affect how attempts to amend the 1987 Constitution, Senate Minority Leader Franklin Drilon says, adding the presidential polls will be "the biggest factor" in a renewed bid for charter change.
"It is difficult to predict at this time how the senators will vote considering the new composition of the Senate. But what is becoming clear is the presidency in 2022 will play a huge role in how our colleagues will treat this renewed call for Charter change and decide on their vote," Drilon says.
Attempts to amend the constitution during past administrations have failed, partly because of fears that the sitting president would use the amendments to skirt term limits in the 1987 charter.
A 1997 attempt to shift to a parliamentary system through a signature campaign was stopped at the Supreme Court, which decided that the people's initative could ony be used for constitutional amendments and not revisions. Another attempt in 1999 failed to gather popular support and Joseph Ejercito Estrada, president at the time, was ousted in 2001.
Several attempts were made during the presidency of Gloria Macapagal-Arroyo but were met with protests by the political opposition who opposed Arroyo of wanting to stay in power for longer than the nine years that she sat as president.
An attempt to amend the economic provisions of the constitution during the Aquino presidency only reached approval on second reading.
Drilon points out that surveys in 2018 showed most Filipinos were either unaware of attempts to amend the constitution or did not support amending it.
"I don't think that people had a change of heart in the past months for them to favor Cha-cha. It is clear that Filipinos do not see charter change and federalism as the solution to the problems of hunger, poverty, unemployment and lawlessness," Drilon says.
The Palace has not given up on the campaign to shift to a federal form of government despite President Rodrigo Duterte saying he is fine with changing the 1987 Constitution even if that does not lead to a federal form of government as he porimised in the 2016 campaign.
"Palagay ko, di mawawala yan. May tatlong taon pa naman tayo (I think that won't be forgotten. Me have three more years to work on it)," presidential spokesperson Salvador Panelo says.
June 30 marks the halfway mark for the Duterte presidency. Under the 1987 Constitution, presidents can only serve one six-year term. — with a report from The STAR/Alexis Romero
The military's Western Mindanao Command said it respects Moro National Liberation Front founding chairman Nur Misuari's supposed threat to go to war if the Philippines does not shift to a federal government as an expression of frustration.
"Everyone has the right to express. If the president can tolerate it why can’t we? Right?" says Col. Gerry Besana, Westmincom spokesman, in response to Misuari's supposed statement. Westmincom operates in the Bangsamoro Autonomous Region in Muslim Mindanao, which includes Misuari's home province of Sulu.
RELATED: Duterte told Misuari they would 'die together' if federalism talks fail, Palace says
He says, though, that it will be a different matter if Misuari actually makes good on his supposed threat.
"We know he is capable of doing it. But if he will do it again it will be another case. We have to understand we are in Martial Law in Mindanao. If any act of violence will be committed there will be corresponding action or contingency that is prepared by the military," Besana says.
The House of Representatives, voting 224-22-3, approves on third and final reading Resolution of Both Houses 15, a measure meant to amend the 1987 Constitution and set in motion the shift to a federal form of government.
JUST IN | The House of Representatives approves on third and final reading its draft federal charter with a voting of 224-22-3. (via News5 / @RoicesNaguit) pic.twitter.com/7qBnrJlDFy
— ONE News PH (@onenewsph) December 11, 2018
The House approved RBH 15 on second reading last week.
Rep. Kaka Bag-ao (Dinagat Islands), who voted 'no' on the resolution, said the proposal removes term limits for politicians, does not have a provision against political dynasties, and opens up industries to foreign ownership.
Rep. Jose Christopher Belmonte (Quezon City, 6th Dist.) likewise voted against the resolution.
Members of the House are currently explaining their votes.
The House of Representatives plenary approves Resolution No. 15 on second reading, proposing to amend the 1987 Constitution in favor of a new system of government.
The voting, through viva voce, was a step closer to a presidential-bicameral-federal system. The draft bill is authored by Speaker Gloria Macapagal Arroyo.
Vice President Leni Robredo's camp questions the draft charter authored by House Speaker Gloria Macapagal-Arroyo which states that the Senate president and not the vice president will succeed President Rodrigo Duterte should he step down during the transition to a federal form of government.
The provision is stated under Section 4, Article 17 of the Transitory Provisions of Resolution of Both Houses No. 15.
Rep. Vicente Veloso (Leyte), the head of the House body on constitutional amendments, earlier explained that the provision was included due to the ongoing poll protest filed by defeated vice presidential candidate and former Sen. Bongbong Marcos.
Robredo's lawyer, Romulo Macalintal, however, says citing the poll protest as a ground for the provision's inclusion is "outright ridiculous."
Former Senate President Aquilino Pimentel Jr., member of the consultative committee to review the 1987 Constitution, calls moves by Local Government Undersecretary Epimaco Densing III to put up a "revolutionary government" a bad proposal.
"For heaven's sake, I suggest this government official should be more careful in his statements," he says in a briefing at the Palace.
Densing at a recent public gathering in Butuan City had reportedly been promoting a call to establish a revolutionary government as a transition to a federal system of government.
The DILG has already distanced itself from Densing's supposed call.
“We are advocating for federalism through constitutional means. The 1987 Constitution has clear provisions on how a change in the system of government can be effected. We abide by these provisions and will see to it that any change in the system of government goes through constitutional processes," DILG officer-in-charge Eduardo Año has said.
The Makati Business Club and other business organizations echo the concerns of Philippine economic managers on ambiguous provisions in the draft federal constitution and urge Congress to weigh carefully the costs, risks and uncertainty associated with the proposed shift to a federal form of government.
"We support and join their call for a more detailed analysis of the fiscal impact of federalism to serve as basis for the deliberations in Congress."
"Reports indicate an alarming cost to the would-be multi-level government under a federal system. Preliminary estimates range from P72 billion of the Philippine Institute for Development Studies to P130 billion of the National Economic Development Authority. The fiscal deficit is estimated to reach 6.7 percent of the gross domestic product, which is way beyond the sustainable 3 percent target of our fiscal managers—a prudential limit also observed by the European Union for its member countries. We worry about the dire consequences that such fiscal imbalance could have on the economy and the flagship Build Build Build program of the current administration."
Joining MBC in the call are Cebu Business Club, Employers Confederation of the Philippines, Financial Executives Institute of the Philippines, Management Association of the Philippines, Philippine Chamber of Commerce and Industry, Inc. and the Philippine Exporters Confederation, Inc.
Their appeal comes amid the call to President Duterte by a member of the Consultative Commission to fire Finance Secretary Carlos Dominguez III and Socioeconomic Planning Secretary Ernesto Pernia over negative statements about the shift to federalism.
President Rodrigo Duterte's consultative committee submits its proposed federal government constitution to the chief executive in a ceremony in the presidential palace.
Former Chief Justice Reynato Puno, the chair of the panel, personally hands the draft document to the president.
Members of the Consultative Committee approves the draft of a new federal Constitution without any objection.
The 78-page draft of the federal Constitution will be submitted to President Rodrigo Duterte by July 9.
The consultative committee, tasked with drafting a new constitution, eyes the removal of the impeachment power of Congress over justices of the Constitutional Court, one of the proposed three Supreme Courts under the draft charter.
READ: Concom eyes 3 supreme courts
Concom proposes that the impeachment of justices in Constitutional Court be decided instead by the 15-member Supreme Court.
The proposed Constitutional Court will have a presiding justice appointed by the Supreme Court and six associate justices with two appointees each from three branches of government.
LIST: Controversial features of proposed federal charter by House sub-committee
— with Edu Punay
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