THE proposed revision of the 1987 Constitution that the House committee on constitutional amendments recommends for adoption by the plenary, removes the political dynasty provision of the Constitution and term limits of elected public officials, soft-pedals on federalism, and waters down moves to curb political turncoatism.
It also seeks to limit the number of political parties by espousing a two-party system.
Resolution of both Houses No. 15 proposing the revision of the 1987 Constitution of the Philippines authored by 28 lawmakers, removes the phrase “and prohibit political dynasties as may be defined by law” from Article II, Section 26 of the 1987 Constitution, which reads: “The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”
In contrast, the Consultative Committee (Concom) to Review the 1987 Constitution led by former Chief Justice Reynato Puno proposed to curb political dynasties by banning relatives of incumbents up to the second degree of consanguinity or affinity from running for the same position in the immediately following election, or running simultaneously for more than one national and one regional or local position.
Endless run
Aside from allowing political dynasties, Resolution 15, submitted by the House committee to the House plenary last Oct. 2, does not prohibit senators, congressmen and local government officials from running in every election.
While the Concom proposed that senators and congressmen be elected for a term of four years and disallowed service for more than two consecutive terms, Resolution 15 merely sets the term for election to the Senate, House of Representatives and local government at four years (except for barangay level positions, which shall be determined by law) while staying silent on term limits.
But the Resolution is clear on setting a four-year term for the President and Vice President of the country, with the President barred from serving for more than two terms and the Vice President (VP) barred from serving for more than two consecutive terms.
The President and VP would come from the same political party and be elected as a team.
Instead of just being “able to read and write,” candidates for President, Vice President, the Senate and the House would now have to hold a college degree.
Senators currently serve for six years and cannot serve for more than two consecutive terms. Congressmen have a three-year term with a bar on serving for more than three consecutive terms. The President can serve only one six-year term, while the Vice President may not serve for more than two successive six-year terms.
Political butterflies
Presented to President Rodrigo Duterte last July and soon endorsed to Congress with his proposed changes, the Concom’s proposal also sought to limit political butterflies.
While both proposals prohibit elected public officials from changing political parties during their term of office, the Concom’s proposal also prohibits candidates and officials of any political party from changing political parties two years after the election and two years before the next election.
Resolution 15, on the other hand, shortens the prohibition period to within six months immediately preceding or following an election, and covers only candidates for elective office, leaving out officials of political parties who don’t run for elective office.
And the penalty for switching of political parties by an elected official would only be the forfeiture of his office, while in the Concom’s proposal, the penalty is not only removal from his elected office but also a bar on his appointment to any government position for one electoral cycle, prohibition from running for office in the next election, and the return of party funds used for the campaign.
Party limits
Resolution 15 also prescribes a two-party system, with the first two dominant parties that get the most electoral seats in the first national elections under this Constitution becoming the official parties.
It keeps the bar on registering as political parties those supported by any foreign government, while cutting out the phrase in the Concom proposal that extended the bar to “any foreigner.”
This implies that foreigners from private groups may fund political parties.
The fact sheet on the resolution further provides that under this proposed “presidential-bicameral-federal” system that expresses the state policy to develop a two-party system, the State would “provide a subsidy to political parties on the basis of their electoral performance in the previous election.”
Federalism
On the matter of federalism, while both proposals are titled the “Constitution of the Federal Republic of the Philippines,” Resolution 15 soft-pedals on the new setup, putting greater emphasis on strengthening the Local Government Code to make decentralization and devolution more effective.
While the Concom’s Constitution declares that the Philippines shall “at all times uphold federalism,” with provisions for a shift to federalism by the May 2022 election, Resolution 15 merely declares that “The State shall recognize regional autonomy towards federalism.”
It names the territorial and political subdivisions of the Philippines as the “provinces, cities, municipalities and barangays.”
Unlike the Concom’s proposal, which specifies the creation of 18 federated regions and the election of Regional Assemblies, led by regional governors, and regional judiciaries to oversee such regions, Resolution 15 opens the door to uninterested populations not being part of any federal state.
“A federal state may be created in any part of the country upon a petition addressed to Congress by any contiguous, compact, and adjacent provinces, highly urbanized and component cities, and cities and municipalities in metropolitan areas through a resolution of their respective bodies, subject to approval by a majority of the votes cast in a plebiscite in the political units affected,” says Resolution 15.
Only after the filing of the bill that passed upon the petition would Congress pass an organic act to define the basic structure of government for the autonomous territory consisting of a unicameral territorial assembly and courts.
Another thing those skittish about federalism might cheer: Each local government and federal state would have the power to create their own sources of revenue and to levy taxes and fees subject to guidelines and limits Congress might provide, with such taxes and fees accruing to the concerned local governments or autonomous territories.
Yet, local governments would continue to receive their share of national taxes as determined by law.