Author Topic: Draft: Bayanihan Federalism  (Read 1248 times)

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #15 on: August 12, 2018, 08:57:43 PM »
Article XIII: Fiscal Powers and Financial Administration

SECTION 1. The Federal Government shall have the power to levy and collect all taxes, duties, fees, charges, and other impositions except the power to tax granted to the Federated Regions.

SECTION 2. The Federated Regions shall have the power to levy and collect the following taxes, licenses and fees:
(a) Real Property Tax;
(b) Estate Tax;
(c) Donor’s Tax;
(d) Documentary Stamp Tax;
(e) Professional Tax;
(f) Franchise Tax;
(g) Games and Amusement Tax;
(h) Environmental Tax, Pollution Tax, and similar taxes;
(i) Road Users Tax;
(j) Vehicle Registration Fees;
(k) Transport Franchise Fees; and
(l) Local taxes and other taxes which may be granted by federal law.

SECTION 3. The Federal Government and the Federated Regions shall ensure that taxation shall be uniform, equitable, and progressive. No double taxation shall be allowed.

SECTION 4. The Federated Regions shall be given a share of not less than fifty percent (50%) of all the collected income taxes, excise taxes, value-added tax, and customs duties, which shall be equally divided among them and automatically released.

SECTION 5. There shall be an Equalization Fund which shall not be less than three percent (3%) of the annual General Appropriations Act. The Fund shall be distributed based on the needs of each region, with priority to those that require support to achieve financial viability and economic sustainability as determined by the Federal Intergovernmental Commission.

SECTION 6. The Congress, through the annual General Appropriations Act, may provide additional finances for the regions to effectively and efficiently deliver government services to their constituents.

SECTION 7. The Federated Regions shall be entitled to fifty percent (50%) of all net revenues derived from the exploration, development, and utilization of all natural resources within their territory.

FEDERAL INTERGOVERNMENTAL COMMISSION

SECTION 8. A Federal Intergovernmental Commission is hereby created composed of the Chairman and fourteen (14) members. The Chairman and two (2) members shall be appointed by the President, two (2) members from the House of Representatives, two (2) members from the Senate, four (4) members appointed by the Council of Regional Governors, one (1) from the Bangsamoro to be appointed by the Bangsamoro Parliament, one (1) from the Federated Region of the Cordilleras to be appointed by their Regional Assembly, and the Secretaries of the Department of Budget and Management and Department of Finance.
The four (4) regular members to be appointed by the Council of Regional Governors should be experts in law, economy, governance, and public finance.

SECTION 9. The Federal Intergovernmental Commission shall have the following powers and duties:
(a) To administer the Equalization Fund and assist the Federated Regions in need in order to attain economic viability and sustainability;
(b) To formulate programs and policies in regard to grants-in-aid and fund transfers that will address the specific economic needs of the regions;
(c) To ascertain the effectiveness and efficiency of the fiscal administration and management of the Regional Governments;
(d) To assess the sufficiency of the Regional Governments in raising revenues to determine and reduce causes of financial imbalance;
(e) To promote friendly and cooperative relationship among the regions through the use of conciliation and mediation practices in the resolution of their disputes;
(f) To provide for a system of equitable allocation of resources that will enable the people to achieve the goals of establishing a Federal Republic in accordance with the Constitution;
(g) To recommend to Congress the passage of laws to support the foregoing powers; and
(h) To promulgate its own rules.

SECTION 10. There shall be a Council of Regional Governors composed of all the elected Regional Governors, including the Regional Governor of the Federated Region of the Cordilleras and the Bangsamoro.
The Council shall promulgate its rules and elect its officers.

SECTION 11. The Council of Regional Governors shall have the following powers and duties:
(a) To appoint their representatives to the Federal Intergovernmental Commission;
(b) To ensure that their regional development plan is aligned with the federal policies and programs;
(c) To conciliate and mediate interregional disputes; and
(d) To recommend the enactment of laws to the Congress for the economic development and fiscal sustainability of the regions.


Article XIV: Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

SECTION 2. The President, the Vice President, the Members of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, the Federal Electoral Court, and the Members of the Constitutional Commissions may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

SECTION 3. There shall be a Joint Impeachment Committee to be created by the Congress.
(a) Upon its convening, the Congress shall constitute a Joint Impeachment Committee to be composed of the President of the Senate and twelve (12) Members from each House. The Senate President shall act as its Presiding Officer but shall not vote except to break a tie.
(b) The Members of the Committee shall be elected by each House on the basis of proportional representation of the political parties in each House.
(c) The Committee shall be organized in accordance with the rules promulgated by each House. The Committee shall promulgate its own rules and procedures.
(d) Any impeachment complaint shall be filed directly with the Committee, which shall determine whether the complaint is sufficient in form and substance.
(e) Upon finding that the complaint is sufficient in form and substance, the Committee shall determine the existence of probable cause.
(f) If by majority vote, the Committee finds probable cause, it shall issue an indictment resolution together with the Articles of Impeachment and file them before the Federal Constitutional Court or the Federal Administrative Court, as the case may be.

SECTION 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

SECTION 5. The right of the Federal Republic to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

SECTION 6. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice President, the Members of the Cabinet, the Congress, the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, the Federal Electoral Court, and the Constitutional Commissions, or to any firm or entity in which they have controlling interest during their tenure.

SECTION 7. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice President, the Members of the Cabinet, the Congress, the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, the Federal Electoral Court, the Constitutional Commissions and other Constitutional Offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

SECTION 8. Public officers and employees owe the State and the Constitution perpetual allegiance, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.
« Last Edit: August 13, 2018, 12:26:23 AM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #16 on: August 12, 2018, 08:58:13 PM »
ARTICLE XIV: Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

SECTION 2. The President, the Vice President, the Members of the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, the Federal Electoral Court, and the Members of the Constitutional Commissions may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

SECTION 3. There shall be a Joint Impeachment Committee to be created by the Congress.
(a) Upon its convening, the Congress shall constitute a Joint Impeachment Committee to be composed of the President of the Senate and twelve (12) Members from each House. The Senate President shall act as its Presiding Officer but shall not vote except to break a tie.
(b) The Members of the Committee shall be elected by each House on the basis of proportional representation of the political parties in each House.
(c) The Committee shall be organized in accordance with the rules promulgated by each House. The Committee shall promulgate its own rules and procedures.
(d) Any impeachment complaint shall be filed directly with the Committee, which shall determine whether the complaint is sufficient in form and substance.
(e) Upon finding that the complaint is sufficient in form and substance, the Committee shall determine the existence of probable cause.
(f) If by majority vote, the Committee finds probable cause, it shall issue an indictment resolution together with the Articles of Impeachment and file them before the Federal Constitutional Court or the Federal Administrative Court, as the case may be.

SECTION 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

SECTION 5. The right of the Federal Republic to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

SECTION 6. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice President, the Members of the Cabinet, the Congress, the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, the Federal Electoral Court, and the Constitutional Commissions, or to any firm or entity in which they have controlling interest during their tenure.

SECTION 7. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice President, the Members of the Cabinet, the Congress, the Federal Supreme Court, the Federal Constitutional Court, the Federal Administrative Court, the Federal Electoral Court, the Constitutional Commissions and other Constitutional Offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

SECTION 8. Public officers and employees owe the State and the Constitution perpetual allegiance, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.



Article XV: National Economy and Patrimony

SECTION 1. (a) The Philippine Economic System seeks an equitable distribution of opportunities, income, and wealth through sound and efficient use of human and natural resources. It is directed at a sustainable increase in the amount of goods and services produced by the State for the benefit of all sectors of society, especially the underprivileged.
(b) The Federal Republic shall promote a comprehensive strategy for full employment, through industrialization and sound development of agriculture and service sectors, which are competitive in both domestic and foreign markets. The State shall at all times protect Filipino enterprises against unfair foreign competition and trade practices.
(c) In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State and shall not be alienated except lands of public domain provided herein as alienable.

SECTION 3. (a) Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural and reclaimed lands of the public domain may be further classified by law according to the uses to which they may be devoted as residential, commercial, or industrial.
(b) Private corporations or associations whose shares of stocks are owned or controlled at least sixty percent (60%) by Filipino citizens, may lease not more than one thousand hectares of alienable lands of the public domain for a period not exceeding twenty-five (25) years, renewable for another twenty-five (25) years.
(c) Citizens of the Philippines may lease not more than five hundred hectares of alienable lands of the public domain or acquire not more than twelve (12) hectares thereof by purchase, homestead, or grant.
(d) Congress may, by law, change the requirements for lease of alienable lands under this section, considering the general welfare of the people and the necessities of conservation, ecology, development, and agrarian reform.

SECTION 4. (a) The exploration, development, and utilization of natural resources shall be a shared power of the Federal and Regional Governments. Within their respective competencies, they may determine the manner and extent of their exploration, development, and utilization. They may directly undertake such activities, or they may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or entities at least sixty percent (60%) of whose voting capital is owned by Filipino citizens. Such agreements may be for a period not exceeding twenty-five (25) years, renewable for another twenty-five (25) years.
(b) They may also enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils. They shall notify their respective legislatures of every contract entered into within thirty (30) days from its execution.
(c) The small-scale utilization of natural resources by Filipinos, especially the marginalized, shall be allowed and protected.
(d) Congress may, by law, change the voting capital requirement under this section considering the federal and regional interest of the people.

SECTION 5. The marine wealth of the nation which lies in its archipelagic waters, territorial sea, and exclusive economic zone is reserved exclusively to Filipino citizens.
In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of waterpower, beneficial use may be the measure and limit of the grant. Cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons, shall be allowed and protected.

SECTION 6. Save in cases as provided by federal law or in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

SECTION 7. Notwithstanding the provisions of Section 6 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

SECTION 8. Congress shall enact a comprehensive federal land use policy that shall provide the minimum standards for the Federated Regions in the rational, holistic, and just approach for the allocation, utilization, development and management of the country’s land and water resources. It shall include the regulation of activities that bear impact on said resources. Regional Assemblies may legislate other standards in the pursuit of its activities, provided that they are not below the minimum standards set forth in the policy.

SECTION 9. The Federal Republic shall, subject to the provisions of the Constitution and national development policies and programs, respect the primacy of customary laws of indigenous peoples to their ancestral domains and lands, and all resources found therein to ensure their economic, social, and cultural well-being.
Ancestral domains which are communal properties cannot be alienated.

SECTION 10. The Federal Government, in consultation with the Federated Regions, shall continue to undertake an agrarian reform program. It shall promulgate policies and guidelines for:
(a) Selection, acquisition, and distribution of lands for agrarian reform, which considers not only the total area of the lands, but also their contiguity and potential for productivity;
(b) Identification of beneficiaries, which considers not only individuals, but whole families, communities, and similar entities;
(c) Provision of a complete system of technical and financial support for beneficiaries and small land owners; and
(d) Creation of a system of incentives to landowners for the voluntary offer of land for agrarian reform and the investment of its proceeds to promote industrialization, employment, and agriculture development.

SECTION 11. The Federal and Regional Governments shall regulate and prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

SECTION 12. (a) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.
(b) Only Filipino citizens or corporations or associations at least seventy percent (70%) of whose voting capital is owned by such citizens, shall be allowed to engage in the advertising industry.
(c) Congress may, by law, change the voting capital requirement under this section considering public welfare and national security, and for this purpose, such entities shall be managed by citizens of the Philippines.

SECTION 13. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty percent (60%) of whose voting capital stocks are owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character for a period longer than twenty-five (25) years, renewable for another twenty-five (25) years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited and proportionate to their voting capital.
Congress may, by law, change the voting capital requirement and period of the franchise under this section considering public welfare and national security, and for this purpose, such entities shall be managed by citizens of the Philippines.

SECTION 14. The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases provided by federal law and international agreements providing for reciprocity.

SECTION 15. (a) Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty percent (60%) of the capital of which is owned by such citizens.
(b) Congress may, by law, change the voting capital requirement under this section considering public welfare and national security, and for this purpose, such entities shall be managed by citizens of the Philippines.
(c) No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third (1/3) of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

SECTION 16. The use of property bears a social function, and all economic agents shall contribute to the common good. Qualified individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

SECTION 17. The Federal Republic shall regulate and exercise authority over foreign investments in accordance with its national goals and priorities and the general welfare of the people.
In the grant of rights, privileges, and concessions covering the national economy and patrimony, preference shall be given to qualified Filipinos.

SECTION 18. In times of national emergency or when the public interest or national security so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

SECTION 19. The Congress shall promote and protect the viability and growth of cooperatives as instruments for social justice and economic development.

SECTION 20. The State shall promote the preferential use of Filipino labor, domestic materials, and locally produced goods, and adopt measures that help make them competitive.

SECTION 21. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

SECTION 22. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, artists, professionals, managers, high-level technical manpower, skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

SECTION 23. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the tests of economic viability.

SECTION 24. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

SECTION 25. An independent economic and planning agency headed by the President shall, after consultations with the appropriate public agencies, the private sector, and the Federated Regions, recommend to Congress and implement continuing integrated and coordinated programs and policies for national development.
The National Economic Development Authority, operating under existing laws, shall function as the independent planning agency of the Federal Government, unless otherwise provided by federal law.

SECTION 26. (a) An independent central monetary authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.
(b) The members of its governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disqualifications as may be prescribed by law.
(c) The Bangko Sentral ng Pilipinas, operating under existing laws, shall function as the central monetary authority, unless otherwise provided by federal law.

SECTION 27. Foreign and domestic loans by the Federal and Regional governments may only be incurred in accordance with federal law and with the prior concurrence of the Monetary Board of the Bangko Sentral ng Pilipinas; Provided that for domestic loans of the Federated Regions, prior consultation with the Monetary Board to determine compliance with generally accepted standards of creditworthiness and fiscal stability, shall be sufficient. Information on these loans obtained or guaranteed by the Government shall be made available to the public.
« Last Edit: August 13, 2018, 12:20:18 AM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #17 on: August 12, 2018, 08:58:38 PM »
Article XVI: Social Justice

SECTION 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

SECTION 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

LABOR

SECTION 3. (a) The Federal Republic shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. No person shall be denied employment by reason of age, gender, political or religious belief, ethnicity, status, physical appearance or disability, or other conditions that amount to discrimination.
(b) It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, a just and living wage, and redress of grievances. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
(c) The Federal Republic shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
(d) The Federal Republic shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.
(e) The Federal Republic shall protect citizens of the Philippines working overseas against inhumane treatment by their employers. Those under investigation, or trial for commission of a crime shall be provided legal representation to ensure the protection of their rights.
(f) The Federal Republic shall promote employment opportunities, and pursue the economic goal of full employment. In all enterprises, industries, and work opportunities, citizens of the Philippines shall be given employment preference when they possess the necessary qualifications. Further, persons with disability shall be provided opportunities for gainful employment and the private sector shall be given incentives to employ them.

AGRARIAN REFORM AND NATURAL RESOURCES

SECTION 4. (a) The Federal Republic shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing.
(b) All farmers and fisher folks have the right to a just share in the fruits of their labor, to be provided comprehensive financial and technical support, including technology and research, and to the preferential use and access to the natural resources of the Philippines.
(c) The State encourages the establishment of cooperative farm and fishing communities and shall supply, as far as practicable, the necessary support and empowerment to such entities.

SECTION 5. The Federal Republic shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives and other independent farmers’ organizations, to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

SECTION 6. The Federal Republic shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous peoples to their ancestral lands.

The Federal Republic may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.

SECTION 7. The Federal Republic shall protect the rights of subsistence fisherfolk, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore. It shall provide support to such fisherfolk through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The Federal Republic shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fisherfolk against foreign intrusion. Fisherfolk shall receive a just share from their labor in the utilization of marine and fishing resources.

SECTION 8. The Federal Republic shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.

URBAN LAND REFORM AND HOUSING

SECTION 9. The Federal Republic shall, by law, and for the common good, undertake, in cooperation with the public sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlements areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program, it shall respect the rights of small property owners.

SECTION 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

HEALTH

SECTION 11. The Federal Republic shall adopt an integrated and comprehensive approach to health development and make universal health care available. Priority shall be given to the needs of the underprivileged, sick, elderly, disabled, women, and children. The Federal Republic and its Federated Regions shall endeavor to provide free medical care to paupers.

SECTION 12. The Federal Republic shall establish and maintain an effective food and drug regulatory system, and undertake appropriate health manpower development and research, responsive to the country’s health needs and problems.

SECTION 13. The Federal Republic shall maintain a special agency for disabled persons for rehabilitation, self-development and self-reliance, and their integration into the mainstream of society.

WOMEN

SECTION 14. The Federal Republic shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

ROLE AND RIGHTS OF PEOPLE’S ORGANIZATIONS

SECTION 15. (a) The Federal Republic shall respect the role of independent people’s organizations to enable the people to exercise their right to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.
(b) The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The Federal Republic shall, by law, facilitate the establishment of adequate consultation mechanisms.
(c) People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.
« Last Edit: August 12, 2018, 10:51:35 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #18 on: August 12, 2018, 08:59:14 PM »
Article XVII: Education, Science and Technology, Arts, Culture, and Sports

EDUCATION

SECTION 1. The Federal Republic shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.

SECTION 2. The Federal Republic shall:
(a) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;
(b) Establish and maintain a system of free public education in the kindergarten, elementary, secondary, and tertiary levels. Without limiting the natural right of parents to rear their children, kindergarten, elementary, and secondary education are compulsory for all;
(c) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;
(d) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs, particularly those that respond to community needs; and
(e) Provide adult citizens, persons with disability, and out-of-school youth with training in civics, vocational efficiency, and other skills.

SECTION 3. (a) All educational institutions shall include the study of the Federal Constitution, and Philippine History and Culture as part of the curricula.
(b) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.
(c) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

SECTION 4. (a) The Federal Republic recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.
(b) The control and administration of educational institutions shall be vested in citizens of the Philippines.
(c) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.
(d) Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment.
(e) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.
(f) Accreditation may be pursued as a means to continually improve the institutions of education. Educational institutions on an autonomous status shall be given incentives.

SECTION 5. (a) The Federal Republic shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.
(b) Academic freedom shall be enjoyed in all institutions of higher learning.
(c) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.
(d) The Federal Republic shall enhance the right of teachers to professional advancement and protect non-teaching academic and non-academic personnel.
(e) The Federal Republic shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Quote
See also:

On the forum's FB extension: https://www.facebook.com/groups/rpdefense/permalink/1788592364559936/

LANGUAGE

SECTION 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law, the Federal Government shall take steps to initiate and sustain the use of Filipino and English as a medium of official communication, and as language of instruction in the educational system.

SECTION 7. (a) For purposes of communication and instruction, the official languages of the Philippines are Filipino, and until otherwise provided by law, English.
(b) The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.
(c) Spanish and Arabic shall be promoted on a voluntary and optional basis.

SECTION 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major languages of the different Federated Regions.

SECTION 9. The Congress shall establish a national language commission composed of representatives from each Federated Region which shall undertake, coordinate, and promote researches for the development, propagation, protection, and preservation of the Filipino language.

The Federal Republic shall protect and preserve regional languages and dialects as part of the cultural treasures and heritage of the nation.

SCIENCE AND TECHNOLOGY

SECTION 10. Science and technology are essential for development and progress. The Federal Republic shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country’s productive systems and national life.

The Federal Government and the Federated Regions shall provide the necessary funding, education, training and support services to further develop the Filipino skill and talent, including knowledge transfers from other jurisdictions.

SECTION 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

SECTION 12. The Federal Republic shall regulate the transfer and promote the adaptation of technology from all sources for the benefit of the people. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

SECTION 13. The Federal Republic shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, for such period as may be provided by law.

ARTS AND CULTURE

SECTION 14. The Federal Republic and the Federated Regions shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

The Federal Republic shall protect the historical and cultural heritage resources of the Filipino people in respect of the right of future generations to enjoy the same.

SECTION 15. Arts and letters shall enjoy the patronage of the Federal Republic. It shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.

SECTION 16. All the artistic and historic wealth of the nation constitutes the cultural treasure of the people and shall be under the protection of the Federal Republic which may regulate its disposition in accordance with the Constitution.

SECTION 17. The Federal Republic shall recognize, respect, and protect the rights of indigenous peoples to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of federal and regional plans and policies.

SECTION 18. The Federal Republic shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

The Federal Republic shall encourage and support researches and studies on the arts and culture.

SPORTS

SECTION 19. The Federal Republic and the Federated Regions shall promote physical education, and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.
« Last Edit: August 12, 2018, 10:24:58 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #19 on: August 12, 2018, 08:59:34 PM »
XVIII: The Family

SECTION 1. The Federal Republic recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the Federal Republic.

SECTION 3. The Federal Republic shall defend:

(a) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;
(b) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;
(c) The right of the family to a family living wage and income; and
(d) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

SECTION 4. The family has the duty to care for its elderly or vulnerable members, but the Federal Republic may also do so through just programs of social security.
« Last Edit: August 12, 2018, 10:01:55 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #20 on: August 12, 2018, 09:00:13 PM »
Article XIX: National Security and Public Order

SECTION 1. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve, as mandated by the Constitution and as may be provided by law. It shall keep a regular force necessary for the security of the Federal Republic.

It shall be the duty of the Armed Forces of the Philippines to protect and secure the sovereignty of the Federal Republic and its territory including its land, air, sea, space and cyberspace, preserve national peace, and support social and economic development.

SECTION 2. (a) All members of the Armed Forces shall take an oath or affirmation to uphold and defend the Constitution.
(b) The Armed Forces shall respect and uphold the rights of the people.
(c) Professionalism in the Armed Forces and adequate remuneration and benefits of its members shall be a prime concern of the Federal Republic.
(d) The Armed Forces shall be insulated from partisan politics. No member of the Armed Forces shall engage directly or indirectly in any partisan political activity, except to vote.
(e) No member of the Armed Forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government, including government-owned or controlled corporations or any of their subsidiaries.
(f) Laws on retirement of officers of the Armed Forces of the Philippines and other armed services shall not allow extension of service except during times of war or other national emergency as may be declared by Congress or the President, as the case may be.
(g) The officers and personnel of the regular force of the Armed Forces shall be recruited proportionately from all Federated Regions as far as practicable.
(h) The tour of duty of the Chief of Staff of the Armed Forces of the Philippines, the Chief of the Philippine Federal Police, and the

Commandant of the Philippine Coast Guard, shall not be less than two (2) years and not more than three (3) years from the time of appointment, unless sooner removed by the President for loss of trust and confidence. They shall not be extended beyond compulsory retirement age, except in times of war or other national emergency, as declared by Congress or the President, as the case may be.

SECTION 3. The Federal Republic shall maintain one police force which shall be federal in scope and civilian in character to be administered and controlled by a Federal Public Safety and Police Commission.

SECTION 4. The Federal Republic shall establish and maintain a Philippine Coast Guard as an armed and uniformed service responsible for maritime search and rescue, maritime law enforcement, maritime safety, maritime environmental protection, maritime security, and other functions as may be provided by law.

SECTION 5. The Federal Republic shall provide immediate and adequate healthcare, benefits, and other forms of assistance including preferential rights to housing and employment, to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.

SECTION 6. (a) The Federal Republic shall establish and continuously develop an effective information and cyber security infrastructure to protect itself and the people from unauthorized domestic or foreign intrusion such as cyberattacks and cyber warfare on its public utilities, cyber installations, and private entities.
(b) In the event of a cyberattack on any public utility, or private entity, or cyber installation, the magnitude and speed of which, clearly endangers the security of the Federal Republic, the President as Commander-in-Chief shall take all necessary actions to repel and quell the attack.
(c) As soon as the cyberattack has been quelled, the President shall report to Congress the nature of the attack and the actions taken to repel it. Congress shall take appropriate action on the report.
(d) The Federal Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the cyberattack and determine whether the action of the President is reasonable and proportionate to repel and quell the attack. The Federal Supreme Court must promulgate its decision within thirty (30) days from the time of filing.

SECTION 7. The Federal Republic shall have criminal jurisdiction over all those who violate its national and cyber security laws wherever the crime is committed.

SECTION 8. The Federal Republic shall develop an effective emergency preparedness, risk reduction, and response system for natural and man-made disasters and calamities. It shall train and maintain a federal disaster response and relief corps under the Department of National Defense.

The Federated Regions shall each establish their own regional disaster response and relief office which shall streamline and resolve hazards and risks in urban planning which contribute to disaster vulnerability.

SECTION 9. During times of natural or man-made disasters and calamities, the Federated Region shall primarily respond through its local government units, officials, and agencies. The President through the Executive Departments shall provide relief and rehabilitative assistance to the affected region.

SECTION 10. The President and the Congress, within six (6) months from assumption of office, shall update the National Security Policy and Strategy in accordance with their assessment of current evolving and future threats as well as a national policy on the modernization of the armed forces, the federal police, and the coast guard so that they can effectively and fully perform their constitutional mandate.

In the exercise of executive function, the investigation and prosecution of crimes is hereby vested in the Department of Justice.
« Last Edit: August 12, 2018, 09:56:09 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #21 on: August 12, 2018, 09:00:28 PM »
Article XX: General Provisions

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law.

SECTION 2. The Federal Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect upon its ratification by majority of the votes cast in every region in a national referendum.

SECTION 3. The Federal Republic may not be sued without its consent.

SECTION 4. In case any region fails to comply with its obligation, as provided for in the Constitution, which seriously undermines the sovereignty, territorial integrity, economy, or the unity of the Federal Republic, the President may intervene and take all measures necessary and proper to address the failure. Within thirty (30) days from the intervention, the President shall report to Congress the actions taken. Congress may take appropriate action on the report by a majority vote of its members voting jointly. If necessary, Congress may authorize the President to take further actions until the crisis is resolved.

SECTION 5. Congress may, by law, provide for the inclusion and governance of other territories which, by the freely adopted decision of a majority of its inhabitants, come to be part of the Federal Republic.

SECTION 6. The Federal Republic shall protect consumers from trade malpractices and from substandard or hazardous products.

SECTION 7. The Federal Republic shall regularly review and adjust, as may be justified by the circumstances, the pensions, and other benefits due to retirees of both the government and the private sectors.

SECTION 8. The Federal Republic shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

SECTION 9. The Congress may create a consultative body to advise the President on policies affecting indigenous peoples, the majority of the members of which shall come from such communities.
« Last Edit: August 12, 2018, 09:57:08 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #22 on: August 12, 2018, 09:00:46 PM »
Article XXI: Amendments or Revision

SECTION 1. Any amendment to, or revision of, the Constitution may be proposed by:

(a) People’s initiative;
(b) The Federal Congress, upon a vote of three fourths (3/4) of all its members voting separately; or
(c) A constitutional convention.

SECTION 2. The exercise of people’s initiative shall be as provided for by Article VI of the Constitution.

SECTION 3. The Congress may, by a vote of two-thirds (2/3) of all its members voting separately, call a constitutional convention, or by a majority votes of all its Members, submit to the electorate the question of calling such a convention.

SECTION 4. The democratic and republican character of the government, its federal structure, its indissolubility and permanence shall not be subject to amendments or revisions.

SECTION 5. Any amendment to, or revision of, the Constitution shall be valid when ratified by a majority of votes cast in each Federated Region, including the Federated Region of the Cordilleras and the Bangsamoro, in a plebiscite called for the purpose.

SECTION 6. No amendment or revision shall be allowed within five (5) years from the ratification of the Constitution. Thereafter, no amendment or revision shall be allowed within five (5) years from the conduct of a plebiscite to amend or revise the Constitution.
« Last Edit: August 12, 2018, 10:01:08 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #23 on: August 12, 2018, 09:01:11 PM »
Article XXII: Transitory Provisions

SECTION 1. The term of the President and the Vice President, which shall end on June 30, 2022, shall not be extended.

SECTION 2. The incumbent President is prohibited from running as President in the 2022 elections under the Constitution.

SECTION 3. Within six (6) months from ratification of the Constitution, the President shall call for an election for the Transition President and Vice-President in tandem. The Transition President and Vice President shall possess the same qualifications and be subject to the same restrictions as provided in Article VIII of this Constitution. Congress shall, by law, provide for the conduct of the election and appropriate funds for the purpose.

SECTION 4. The Transition President shall preside over the orderly transition to the Federal System of Government. He shall exercise all the powers of the President under this Constitution until June 30, 2022.

SECTION 5. The Transition President and Vice President shall be ineligible to run for any public office in the May 2022 elections.

SECTION 6. (a) For an orderly transition to the new system of government as provided for in the Constitution, there shall be created a Federal Transition Commission, composed of the following:

1) the Transition President as Chairman;

2) ten (10) regular members who must be natural-born citizens of the Philippines, at least forty (40) years of age, with proven competence, probity, integrity, and independence, and
expertise in the fields of economics, law, fiscal management, governance, or development,
and who shall be appointed by the Transition President; and

3) the Transition Vice President, the Senate President, the Speaker of the House of
Representatives, and all living past Presidents as ex-officio members.
(b) The Federal Transition Commission shall convene within ten (10) days from the appointment of its members and promulgate its own rules of procedure.
(c) The Federal Transition Commission shall have the power to establish its office, appoint and hire its own officials and employees, as may be necessary.
(d) The initial budget of the Federal Transition Commission shall be taken from the contingent fund of the Office of the President and from the savings of the Executive Department. Its budget for the succeeding years shall be included in the budget of the Office of the President.
(e) The Federal Transition Commission shall complete its mandate and shall cease to exist by June 30, 2022. The new President shall complete the transition process to the federal system.
(f) Members of the Transition Commission shall be ineligible to run for public office in the May 2022 election.

SECTION 7. The Federal Transition Commission shall have the following powers and duties:

(a) To formulate a transition plan for the orderly shift to the new system of government as provided for in the Constitution. The transition plan shall be published in the Official Gazette, in at least two (2) newspapers of general circulation, and any digital platform chosen by the Transition Commission;

(b) For the proper execution of the transition plan, it shall promulgate the necessary rules, regulations, orders, proclamations, and other issuances, do all acts to implement the same, and resolve all issues and disputes that may arise therefrom;

(c) To organize, reorganize, and fully establish the Federal Government and the governments of the Federated Regions until 2022, in accordance with the Constitution; and

(d) To exercise all powers necessary and proper to ensure a smooth, speedy, and successful transition.

SECTION 8. The transition plan shall include the following:

a) The respective transition plans for the different branches of the Federal Government, the independent Constitutional Commissions, the Federated Regions, and other component units;

b) The fiscal management and administration plan including, but not limited to, generation of revenue and resources and their appropriation, allocation, and expenditure; and

c)The establishment of mechanisms for people’s participation in the transition.

SECTION 9. The Federal Transition Commission shall ensure people’s participation by involving faith-based, civil society, indigenous peoples, sectoral, non-government, and other community-based organizations in the transition, especially in the selection and screening of appointees to the new government.

SECTION 10. The first national, regional and local elections under the Constitution to elect the President, Vice President, Regional Senators, District Representatives, Proportional Party Representatives, regional and local officials shall be on the 2nd Monday of May 2022. They shall assume office at noon on June 30, 2022.

SECTION 11. All laws, decrees, executive orders, proclamations, rules, regulations, letters of instructions, and other executive and judicial issuances not inconsistent with the Constitution shall remain valid until amended or repealed.

SECTION 12. All officials of the government under the 1987 Constitution shall continue to hold office unless removed by reason of reorganization in accordance with the transition plan.

SECTION 13. Permanent employees of the government separated from service as a result of the reorganization of government shall be entitled to separation pay, early retirement pay, or retirement pay, or other appropriate benefits accruing to them under existing laws. In lieu thereof, at the option of the employees, they may be considered for employment in the Federal Government, the Regional Government, or in any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations and their subsidiaries in accordance with the existing civil service laws, the corporate charters of these corporations, and other relevant statutes.

SECTION 14. Temporary employees in government service shall be given such benefits as may be provided in the transition plan.

SECTION 15. All properties, records, equipment, buildings, facilities, and other assets of any office or body abolished or reorganized under the Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.
« Last Edit: August 12, 2018, 10:00:15 PM by adroth »

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 6648
    • View Profile
    • The ADROTH Project
Re: Draft: Bayanihan Federalism
« Reply #24 on: August 12, 2018, 11:28:11 PM »
(e) The Federal Republic shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Article XVII, Section 5, Sub-paragraph E of the draft federal constitution retains the same budgetary limitation found in the 1987 constitution, that requires that education be given the highest budgetary priority. Unfortunately, this means that the Philippines has constitutional limits to the defense allocations it can make in response to Chinese adventurism.

 :( :( :(