media briefing roadshow (1) · 2018-10-16 · Constitution for a Federal Republic prepared by the Consultative ... Operations Office-Philippine Information Agency. Power to the People,

Media Briefing

Power to the People, Power to the Regions

The ConCom-Proposed Constitution for the

Federal Republic of the Philippines


What’s the story?

v Presentation and public consultation on the proposed draft Constitution for a Federal Republic prepared by the Consultative Committee to Review the 1987 Constitution

§ 8 AM Tuesday, June 26, 2018§ Baguio Crown LegacyHotel§ ConCom in partnership with the Presidential Management

Staff-Office of Regional Concerns, Department of the Interior and Local Government-Center for Federalism and Constitutional Reform and the Presidential Communication Operations Office-Philippine Information Agency


What is the Consultative Committee to Review the 1987 Constitution?

v Created under Executive Order No. 10 issued by President Rodrigo Duterte on 07 December 2016.

§ Tasked to review and draft proposed revisions to, among others, change the system of government from unitary to federal and liberalize the economy

§ 22 members from different fields§ Chaired by former Chief Justice Reynato S. Puno§ Officially convened on 19 February 2018§ Will submit the draft Constitution to the President first week

of July in time for SONA on July 23


Constitutional Change and Federalism

v A shift from unitary to federal system of government

v Address economic imbalance


Unitary vs. Federal

v Vertical distribution of powers

v From the central government to constituent units

v From top to bottom


Unitary

v Our system today

v Highly centralized / Dictated from the top

v National (Central government controls 80 percent of the powers, funds, policies, programs, projects


Federal

v Proposed system

v NON-CENTRALIZATION of powers

v Powers, funds, policies, programs, projects are well-distributed between the National Government and the constituent units (States or Regional Governments)


Region PovertyRate

GDPShare

MetroManila 4.5 37.02Cordillera 22.6 1.82Ilocos 17.2 3.09Cagayan Valley 16.5 1.85CentralLuzon 13.0 9.08CALABARZON 10.4 15.94MIMAROPA 22.0 1.68Bicol 30.9 2.09W. Visayas 24.2 3.98CentralVisayas 27.0 6.58EasternVisayas 39.3 2.05

Region Poverty GDPZamboangaPeninsula

30.9 2.03

N.Mindanao 34.9 3.84DavaoRegion 20.5 4.11SOCCSKSARGEN 37.4 2.78CARAGA 35.3 1.23ARMM 53.4 0.84

NCR, CALABARZON AND

CENTRAL LUZON

62.04% OF GDPREGIONS WITH LOWEST

GDP SHARE HAVE HIGHESTPOVERTY RATES


Constitutional Change and Federalism Means

v Breaking up three monopolies of power

§ Political Power by political dynasties§ Economic Power by the elite and oligarchs,

business monopolies, oligopolies and cartels§ Administrative and Fiscal Monopoly by the

central, unitary government


How did the ConCom tackle the review and revision of the 1987 Constitution?

vFour phases of the task to ensure success of the shift from unitary to federal system

§ Laying down the foundation: political and socio-economic reforms

§ Establishing a strong center—Federal Government § Defining the structure and powers of the Federated

Regions§ Setting up a smooth transition mechanism


The Making of a New Constitution

STRONG FOUNDATION

BillofRightsandSocialReforms

EconomicReforms

PoliticalReformsSTRONG FEDERAL

GOVERNMENT

Executive Legislative

Judiciary ConstitutionalBodies

EMPOWERED FEDERATED REGIONS

Structure ExclusivePowers

SharedPowers RevenueSources

SMOOTH TRANSITION


Foundation: Conditions sine qua non (prerequisites) to Federalism

v Political Reforms: Breaking up the monopoly of power; levelling the political field; enabling direct exercise of democracy by the people§ Self-executing anti-dynasty provisions§ Self-executing anti-party-switching provisions (balimbing,

political butterflies§ Strengthening the political party system§ Reforming the party-list system: Proportional party

representation in the House of Representatives§ Campaign Finance Reform: “Democracy Fund”§ People’s Initiative, Plebiscite and Referendum: Direct

exercise of legislative power


FoundationConditions sine qua non to Federalism

v Social Reforms: Strengthening of the Bill of Rights§ Enshrining socio-economic rights: progressive realization

o Food o Educationo Housingo Healthcareo Employment and livelihood

§ Enshrining environmental rightso Right to healthful environment and balanced ecologyo Right to clean air, water, soil, surroundingso Right to seek compensation for damage to the environmento Right to seek court relief (writ of kalikasan) to stop activities that

inflict damage on the environment



vEconomic Reforms§ Breaking up of monopolies, cartels, and other

structures that distort markets and prevent fair competition: Prerequisite to liberalizationo Provisions against monopolies / cartels o Guarantee of fair and free competitiono Establishment of Constitutional Body: The

Federal Competition Commission



v Economic Reforms§ Economic Liberalization: To spur and spread economic

growth and development, create opportunities, income and wealtho No foreign land ownership but lease allowed for

corporations and associationso Congress to enact laws to prescribe rules on foreign

investment, particularly in areas of exploration of natural resources and public utilities and services (telecommunications, etc.)

o Joint power of the Federal Government and the Federated Regions


Strong Federal Government

v It is important to have strong Federal Government because when we shift to Federalism, we are dispersing governmental powers to the Federated Regions§ Guarantee of strong, permanent indissoluble nation; no

secessiono Expressed in the Preambleo “Holding Together” ino “Bayanihan” Federalism

§ Strong / Reformed Presidential Form of Government



v Reformed Presidential Form of Government§ Legislature

o Bicameral Congresso Senators elected by Region (two per Federated Region)o House of Representatives: 60 percent by congressional

district, 40 percent by proportional party representation nationwide

o Qualifications§ Executive

o President and Vice President elected as a teamo Mandatory appointment of Vice President to Cabinet

post



v Reformed Presidential Form of Government§ Judiciary

o Creation of High Courts in addition to Federal Supreme Court• Federal Constitutional Court• Federal Administrative Court• Federal Electoral Court

o Judicial Appointments and Disciplinary Council



v More defined accountability§ Change in impeachment

o Joint jurisdiction of Congress and the Judiciaryo Both political and judicial processo Congress to initiate and prosecuteo Federal Constitutional Court to try impeachment case

and decide


Empowered Federated Regions

v Will have its own Legislative Assembly, Chief Executive, and Judiciary§ Will have exclusive and shared powers with the Federal

Governmento Power to collect certain taxes that are at present being

collected by the National Government to ensure source of revenues• Capital gains tax• Donors tax• Documentary stamp tax• Transport franchise fees• Vehicle registration (road user’s tax) and licenses• Others


Smooth, Effective, Efficient Transition

v Will take place in the last three years of the administration of President Duterte (if Constitution is ratified in 2019)

v Federal Transition Commission§ To manage, administer the transition§ Review and determine functions, programs of national

agencies that will be transferred to the Federated regions and/or shared

§ Assist regions in setting up their regional governments§ Review revenue collection and distribution§ Review laws that need to be revised


What will happen next?

v ConCom will submit the draft Constitution and accompanying report to the President first week of July

v President to submit the draft to Congressv Congress convenes as a Constituent Assembly to review and

finalize the Constitutionv Adopted Constitution is submitted to the people for ratification

in a plebiscitev Once approved, Constitution takes effectv The country enters into a transition periodv Federal System is set upv First Federal elections in 2022

Documents

media briefing roadshow (1) · 2018-10-16 · Constitution for a Federal Republic prepared by the Consultative ... Operations Office-Philippine Information Agency. Power to the People,