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Monday, March 27, 2006
Dossier: ‘Do away with 2007 election’
(Second of 2 parts)
ELECTED local officials will get five-year terms, if the proposed amendments to the 1987 Constitution are approved. But while local powers are protected, the shift to a federal government will take much longer.
The amendments only provide for an 11-member commission that will study the issue and help Parliament push for the change.
In the meantime, all members of Congress, plus one-third of the Cabinet and 30 presidential appointees will serve as the interim Parliament, until elections are held in May 2010.
A full copy of the proposed amendments may be downloaded at http://www.concom.ph.
The Republic
The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays, which shall enjoy local autonomy.
The Parliament shall strengthen the existing Local Government Code, which shall provide for all matters relating to the organization and operation of the local units.
The Prime Minister shall exercise general supervision over local governments.
Local governments and autonomous territories shall have the power to create its own sources of revenues, subject to guidelines set by the Parliament and consistent with the basic policy of local autonomy.
The National Government is mandated to automatically release to the local governments their just share in all the national taxes.
Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas.
5-year terms
The term of office of elected local officials shall be five years, except for barangay officials, which shall be determined by law.
No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the regional and local government code, and subject to approval by a majority of the votes cast in a plebiscite in the political subdivisions affected.
The Parliament may create special metropolitan subdivisions through a plebiscite in the subdivisions affected.
The voters of component cities, regardless of the provisions of their charters, shall not be deprived of their right to vote for elective provincial officials, provided that all component cities shall be under the supervision of the province.
Autonomous territories
Autonomous territories may be created in the country, upon petitions filed with Parliament by contiguous, compact and adjacent provinces, highly urbanized and component cities, and cities and municipalities in metropolitan areas in the form of a resolution of their respective legislative bodies.
Within one year from the filing of the bill based upon the petitions and initiatives, the Parliament shall pass an organic act for such autonomous territory.
A national law shall always prevail in events that an autonomous territory’s/local government’s law runs counter to or is inconsistent with it.
The Organic Act of autonomous territories shall provide for primary legislative powers of their assemblies over specified areas (e.g. administrative organization, planning, budget, and management)
The Autonomous Region in Muslim Mindanao shall exercise powers and enjoy benefits given to autonomous territories.
Within one year and after at least 60 percent of the provinces, highly urbanized cities and component cities of the country shall have joined in the creation of different autonomous territories, upon petition of majority of such autonomous territories through their respective regional assemblies, the Parliament shall enact the basic law for the establishment of a Federal Republic of the Philippines, whereby the autonomous territories shall become federal states.
A constitutional preparatory commission, to be composed of not more than 11 members, shall be created that shall study and determine all constitutional, legal and financial requirements, among others, to assist the Parliament to enact the basic law and measures for orderly transition towards federalism.
The Constitutional Tribunal, en banc or in division, shall decide on conflicts between the Parliament and the autonomous regions and local governments.
All powers, authority and functions not granted by this Constitution or by law to the autonomous territories and local governments are reserved to the National Government.
Transitory provisions
There will be no election in 2007.
The first election under this Constitution shall be held on the second Monday of May 2010.
The term of office of elective officials, local and national, ending in 2007 extended to 2010 to address the following matters:
- huge amount of money and resources to be expended for the holding of the elections in 2007 can instead be utilized to alleviate more pressing needs of our countrymen – food, health, education;
- synchronization of election;
- cooling period of three years is shorter than during the Commonwealth, longer than what is provided for in the 1987 Constitution;
- this period will also give the Philippine economy a chance to take off; and,
- ratification of this Constitution will in effect extend the mandate of elective official with term ending 2007.
The Interim Parliament
The automatic members:
- Members of the Senate
- Members of the House of Representatives
By appointment of the President:
- at least one-third of the Cabinet, with portfolio; and
- 30 persons, experienced and experts in their respective fields
Interim Prime Minister
- Elected by a majority vote of all the members of Parliament
- He/she shall be a member of the Cabinet
The President
- The head of state and the head of government
- Appoints the new Cabinet from among the members of Parliament
- Has supervision and direction over the interim Prime Minister and Cabinet
- Not vested with power to dissolve the interim Parliament
- Subject to the same disqualification and manner of removal as provided this proposed Constitution
The Vice President
- Shall initially convene the interim Parliament and shall continue, until 2010, to exercise his powers and prerogatives as vice president under the 1987 Constitution
Other provisions
- Continuing effectivity of laws retained
- Instead of the members of Senate, approval of treaties and international agreements is vested in the Parliament
- Courts will continue to exercise jurisdiction
- Rules of Court, judicial issuances, and procedural laws may only be amended or repealed by the Supreme Court
- Provision on security of tenure retained.
For Bisaya stories from Cebu. Click here. (March 27, 2006 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here.
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