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Draft: Bayanihan Federalism

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adroth:
Taken from:

http://news.abs-cbn.com/focus/07/09/18/read-con-coms-final-draft-of-ph-federal-constitution

Uploaded to the forum here:

http://defenseph.net/bootcamp/wp-content/uploads/2018/08/concom-draft-constitution_final-copy_july-17-2018.pdf


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adroth:
Preamble

We, the sovereign Filipino people, imploring the aid of Almighty God, to build a permanent and indissoluble nation and establish a just, humane, united, and progressive society under a government that shall embody our shared ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution of the Federal Republic of the Philippines.



Article I: National Territory

SECTION 1. The Philippines has sovereignty over its territory, consisting of the islands and waters encompassed by its archipelagic baselines, its territorial sea, the seabed, the subsoil, and its airspace. It has sovereignty over islands and features outside its archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations, and the judgments of competent international courts or tribunals. It likewise has sovereignty over other territories belonging to the Philippines by historic right or legal title.

SECTION 2. The Philippines has sovereign rights over that maritime expanse beyond its territorial sea to the extent reserved to it by international law, as well as over its extended continental shelf, including the Philippine Rise. Its citizens shall enjoy the right to all resources within these areas.

adroth:
Article II: Declaration of Principles and State Policies

PRINCIPLES

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. The Republic shall at all times uphold federalism, national unity, and territorial integrity.

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

SECTION 3. Civilian authority is, at all times, supreme over the military. The government is the protector of the people and the Federal Republic. The armed forces of the Philippines shall secure the sovereignty of the Republic and the integrity of its national territory. The government may call upon the people to defend the Federal Republic and render personal military or civil service under conditions provided by federal law.

SECTION 4. The recognition of fundamental freedoms, the observance of the rule of law, and the promotion of sustainable human development are essential for the enjoyment by the people of the benefits of a democratic republican federal government.

SECTION 5. The separation of the church and the State shall be inviolable. Relations between them shall be governed by benevolent neutrality.

STATE POLICIES

SECTION 6. The Federal Republic shall pursue an independent foreign policy. In establishing relations with other states, its paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

SECTION 7. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from weapons of mass destruction in its territory.

SECTION 8. The Federal Republic shall maintain honesty, integrity, and efficiency in the public service and take positive, effective, deterrent, and punitive measures against graft and corruption.

SECTION 9. The Federal Republic adopts and implements a policy of full public disclosure of all its transactions involving public interest.

SECTION 10. The Federal Republic and its instrumentalities shall, at all times, maintain the highest quality of governance, integrity, transparency, and accountability.

SECTION 11. The Federal Republic shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living befitting human dignity, and an improved quality of life for all.

SECTION 12. The Federal Republic shall promote social justice in all phases of national development.

SECTION 13. The Federal Republic values the dignity of every person and guarantees full respect for the person and the right of all citizens to participate in all government processes.

SECTION 14. The Federal Republic recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government.

SECTION 15. The Federal Republic recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their constructive involvement in public and civic affairs.

SECTION 16. The Federal Republic recognizes the role of women in nation-building and in all aspects of national life, and shall ensure the fundamental equality of women and men before the law.

SECTION 17. The Federal Republic shall protect and promote the right to health of the people and instill health consciousness among them.

SECTION 18. The Federal Republic shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

SECTION 19. The Federal Republic shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human dignity, security, liberation, and development.

SECTION 20. The Federal Republic affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
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SECTION 21. The Federal Republic shall develop an independent and competitive national economy actually and effectively controlled by Filipinos.

SECTION 22. The Federal Republic recognizes the indispensable role of the private sector in national development and encourages private enterprise. The State shall provide incentives to needed investments.

SECTION 23. The Federal Republic shall promote industrialization, comprehensive rural agri-industrial development, and agrarian reform with effective support services.

SECTION 24. The Federal Republic recognizes, promotes, and protects the rights of indigenous peoples within the framework of national unity and development.

SECTION 25. The Federal Republic shall promote civil society participation in the development of the welfare of the nation.

SECTION 26. The Federal Republic recognizes the vital role of information communication technology in nation-building.

SECTION 27. The Federal Republic shall promote the autonomy of local government units in line with the principle of subsidiarity and in accord with federalism.

adroth:
Article III:  Bill of Rights

SECTION 1. The rights under this article are demandable against the State and non-state actors, and their enforcement shall be consistent with international standards.

A. CIVIL AND POLITICAL RIGHTS

SECTION 2. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

SECTION 3. The right of persons to privacy shall be inviolable. Without lawful court order, all interference in personal and domestic relations, correspondence, and data are proscribed.

SECTION 4. Data obtained about a person shall be used and processed only for purposes authorized by law.
A person has the right to inquire from any government office or agency the information or data that has been obtained, stored, or processed about himself, and to demand, that such data and information be corrected or deleted, or in case of a private entity or person, that their use be enjoined.

SECTION 5. (a) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. No search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
(b) The prohibition against unreasonable searches and seizure shall extend to the conduct of unlawful unreasonable surveillance through technological, electronic, or any other means. In addition to the requirements for the issuance of a search warrant, a surveillance warrant shall particularly describe:

1) The purpose of the surveillance and the period within which the surveillance may be
conducted;
2) The target individuals or entities and the type of information sought;
3) The manner by which the surveillance is to be conducted and the means to be used,
which as far as practicable shall be limited to achieve the purpose of the surveillance
and to acquire the type of information sought; and
4) The period within which the applicant may store recorded information, which shall be
consistent with the purpose of the surveillance.

(c) No surveillance warrant shall be granted except upon a showing that there are no other reasonable means of obtaining the information or evidence sought in the application.
(d) The court shall specify the time for the service of the warrant, which may be after the conduct of the surveillance. Only information necessary to achieve the purpose of the warrant shall be admitted in evidence. All other information acquired shall be destroyed and deemed inadmissible for any purpose in any proceedings.

SECTION 6. The privacy of communication in any form shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
Any evidence obtained in violation of Sections 4, 5, and 6 shall be inadmissible for any purpose in any proceeding.

SECTION 7. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. For this purpose, the local government units shall, among other things, establish appropriate freedom parks for the peaceful assembly of the people.

SECTION 8. No law shall be enacted that establishes, favors, or suppresses religion or its rejection, or that prohibits the free exercise and public expression of fundamental religious belief. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

SECTION 9. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

SECTION 10. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

SECTION 11. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law, shall not be abridged.

SECTION 12. Private property shall not be taken for public use without just compensation.

SECTION 13. No law impairing the obligation of contracts shall be passed.

SECTION 14. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, rebellion, or lawless violence, when the public safety requires it. Even when the privilege of the writ of habeas corpus is suspended, the privilege of the writs of amparo and habeas data, and other protective writs may still be resorted to unless prejudicial to public order.

SECTION 15. Free access to the courts and quasi-judicial bodies, and adequate legal assistance, shall not be denied to any person by reason of poverty.

Members of the Philippine Bar may be required by the Supreme Court to provide free assistance to indigents before courts and quasi-judicial bodies, and for other legal services.

SECTION 16. (a) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of a competent and independent counsel.
(b) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(c) Any confession or admission obtained in violation of this or Section 20 hereof shall be inadmissible in evidence against him.
(d) The Congress shall by law provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

SECTION 17. (a) All persons accused of any crime shall be entitled to bail or to be released on recognizance. This right shall not be available in cases where the imposable penalty is reclusion perpetua or higher, and the evidence of guilt is strong as determined in summary proceedings.
(b) When an indigent person is charged with an offense that would entitle him to probation and the risk of flight is low, he may be released on recognizance.
(c) The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended.
(d) Excessive bail shall not be required.

SECTION 18. No person shall be held to answer for a criminal offense without due process of law.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused; Provided, that he has been duly notified and his failure to appear is unjustifiable.

SECTION 19. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

SECTION 20. No person shall be compelled to be a witness against himself.

SECTION 21. No person shall be detained solely by reason of his political beliefs and aspirations.
No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.

SECTION 22. (a) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
(b) The employment of physical, psychological, or degrading punishment against any prisoner or detainee, or the use of substandard or inadequate penal facilities under subhuman conditions, is prohibited. It shall be the duty of the Federal Government, the Federated Regions, and their local government units to provide for humane and adequate penal facilities.
(c) Persons unjustly and wrongfully accused, convicted, and imprisoned but subsequently acquitted shall be provided compensation by the State as provided by law.

SECTION 23. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 24. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a federal law, regional law, or an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Provided, however, that double jeopardy shall not attach where the offended party is deprived of due process or where there is a finding of mistrial, or when the trial court acted with grave abuse of discretion amounting to lack or excess of jurisdiction.

SECTION 25. No ex post facto law or bill of attainder shall be enacted.

B. SOCIAL AND ECONOMIC RIGHTS

SECTION 26. Every person has the right to:
(a) Adequate food;
(b) Universal and comprehensive healthcare;
(c) Complete, quality education;
(d) Adequate and decent housing; and
(e) Livelihood and employment opportunities.

SECTION 27. The Federal Republic shall adopt measures to guarantee the progressive realization of these rights.

C. ENVIRONMENTAL AND ECOLOGICAL RIGHTS

SECTION 28. Every person in every generation has the right to:
(a) A healthful environment and a balanced ecology, clean air, clean water, clean soil, and clean surroundings;
(b) Be protected from and seek compensation for damage to environment and ecology that is brought about by illegal and unsustainable exploitation of natural resources; and
(c) Seek immediate relief from the courts and appropriate governmental bodies through the writ of kalikasan and other protective writs against activities that threaten the environment and ecological balance.

All doubts shall be resolved in favor of the right of the people to a healthful and balanced ecology.

adroth:
Article IV: Citizenship

SECTION 1. The following are citizens of the Philippines:
(a) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(b) Those whose fathers or mothers are citizens of the Philippines;
(c) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
(d) Those who are naturalized in accordance with law.

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (c), Section 1 hereof shall be deemed natural-born citizens.

SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they
are deemed, under the law, to have renounced it.

SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.



Article V: Suffrage and Political Parties

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen (18) years of age, and domiciled in the Philippines for at least one (1) year and in the place wherein they propose to vote for at least six (6) months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

SECTION 2. The Federal Republic shall guarantee a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The domicile requirements under Section 1 hereof shall not apply to Filipinos residing or working overseas who are qualified absentee voters as may be determined by federal law.
The Federal Republic shall guarantee the public nature of elections, ensure full transparency and accessibility of the electoral process, and the verifiability and integrity of the electoral results, regardless of the mode of election.

SECTION 3. The Federal Congress shall ensure the right to vote of persons in need of assistance.

SECTION 4. The Federal Republic shall ensure the development and strengthening of political parties as mechanisms of citizen representation and democratic governance.
(a) Every political party shall be registered with the Federal Commission on Elections which shall require that the political party submit its constitution and by-laws, platform, principles, policies and general program of government, a verified list of national officials, members of the executive board or its equivalent, and the heads of its regional, provincial, and highly urbanized city chapters.
(b) Religious denominations and sects, and political parties which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreigner or foreign government shall not be registered.
(c) Financial contributions from foreigners or foreign governments and their agencies, and unlawful sources, given to political parties and their affiliated organizations, political coalitions, or candidates to influence the outcome of the election, constitute interference in national affairs, and shall be an additional ground for the cancellation of their registration with the Federal Commission on Elections, in addition to other penalties that may be prescribed by federal law.

SECTION 5. The Federal Republic shall promote the development of political parties as democratic public institutions.
(a) Political parties shall be freely established and open to all citizens who share the same party program, adhere to the party constitution, and practice party discipline.
(b) Political parties shall develop a democratic system of internal decision-making and allow active citizen participation.
(c) Political parties shall observe fair, honest, and democratic processes in nominating and selecting party officials and candidates for public office, which may include the marginalized and underrepresented sectors.
(d) Political parties shall pursue public education and promotion of democratic values in society.
(e) Political parties shall provide, as far as practicable, for equal representation of women candidates in every election.
(f) The Federal Republic shall take affirmative action so that marginalized and underrepresented sectors may organize themselves into genuine political parties with clear and detailed platforms of government and capable representatives.

SECTION 6. The Federal Republic shall regulate the campaign finance, both from public and private sources, of political parties and candidates in all elections.
(a) The Federal Congress shall update laws on all election expenditures.
(b) Financial contributions from religious organizations, foreigners, foreign governments, and illegal sources are prohibited.
(c) There shall be a Democracy Fund, which shall serve as a repository of campaign funds. The Federal Commission on Elections shall administer the Democracy Fund and promulgate rules and regulations therefor. The Federal Commission on Audit shall have the power, authority, and duty to examine and audit all funds pertaining to the Democracy Fund.
(d) Any citizen who contributes at least ten thousand pesos (PhP 10,000.00) but not exceeding one hundred thousand pesos (PhP 100,000.00) to any registered political party or presidential candidate through the Democracy Fund shall be allowed a full credit against income tax due for the taxable year coinciding with the elections in which such political party or presidential candidate participated; Provided, that such amounts shall be subject to proper adjustment under the rules promulgated by the Federal Commission on Elections.
(e) Any corporation, partnership, or association which contributes at least one hundred thousand pesos (PhP 100,000.00) but not exceeding three million pesos (PhP 3,000,000.00) to any registered political party or presidential candidate through the Democracy Fund shall be allowed a full credit against income tax due for the taxable year coinciding with the elections in which such political party participated; Provided, that such amounts shall be subject to proper adjustment under the rules promulgated by the Federal Commission on Elections.
(f) A fair share of political party campaign funds drawn from the Democracy Fund shall be allocated for women candidates.
(g) Unless ordered by the Federal Electoral Court, all information pertaining to the contributors and the amount of their contributions shall be deemed confidential and shall be made available only to the Federal Commission on Elections, the Federal Commission on Audit, and the Internal Revenue officials for purposes of regulation, auditing, and tax credit, respectively.

SECTION 7. The Federal Republic shall ensure strong and cohesive political parties.
(a) Members of any political party elected to public office are prohibited from changing political parties within their term of office.
(b) Candidates and officials of any political party are prohibited from changing political party two (2) years after the election and two (2) years before the next election.
Those who violate the foregoing provisions shall be: (1) removed from the office to which they have been elected; (2) barred from appointment to any government position for one electoral cycle; (3) prohibited from running for public office in the next election; (4) required to return any party funds they used for the campaign. The Federal Commission on Elections shall initiate the appropriate proceedings in the proper court.
(c) No political party shall accept any member in violation of sub-section (a) and (b). Any violation shall be a ground for the cancellation of its registration.
(d) The Federal Commission on Elections shall ensure compliance with these provisions and periodically require political parties to submit an updated list of their members, including any changes arising from violation of the above provisions.
(e) No political party shall nominate more candidates than the number of persons required to be voted for in an elective position, except for the proportional representative seats in the House of Representatives and the Regional Assemblies, nor shall any candidate be allowed to accept nominations from more than one registered political party, except in cases of aggrupation or coalitions.

SECTION 8. The Federal Republic shall guarantee equal access to opportunities for public service and prohibit political dynasties to prevent the concentration, consolidation, or perpetuation of political power in persons related to one another.
(a) A political dynasty exists when a family whose members are related up to the second degree of consanguinity or affinity, whether such relations are legitimate, illegitimate, half, or full blood, maintains or is capable of maintaining political control by succession or by simultaneously running for or holding elective positions.
(b) No person related to an incumbent elective official within the second civil degree of consanguinity or affinity, as described above, can run for the same position in the immediately following election.
(c) Persons related within the second civil degree of consanguinity or affinity, as described above, are prohibited from running simultaneously for more than one national and one regional or local position. However, in the event that two or more members of the same family are running, the member who shall be allowed to be a candidate shall be determined by the drawing of lots.
(d) The Federal Congress may, by law, provide for additional prohibitions.

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