No. 112 - 25 January 2006

The votes on the proposed 'no election in 2007' provision:

Meanwhile, the House Committee on Constitutional Amendments chaired by Rep. Constantino Jaraula (Lone District-Cagayan de Oro) voted 29 to 10 in favor of a working draft of its proposed Charter amendments last January 17. Its transitory provisions also contain the “no-election” scenario as an option. The committee used the Consultative Commission’s report to President Arroyo as a reference.

Several sectors, including former President Fidel Ramos, have already warned Congress that postponing the elections of 2007 would be detrimental to the exercise of democracy and it will not be accepted by the people.
The committee is expected to prepare a resolution for the report to be discussed at the plenary. Some key proposals in the report include the following:

State Policies

• Ensure the autonomy of local governments, or clusters thereof, towards the eventual establishment of a federal system of government.

Parliament

• Extend the term of legislators from three to five years.
  
• Create an electoral tribunal composed of three justices of the Supreme Court designated by the Chief Justice and six members chosen by the Parliament. It will be the sole judge of all contests relating to the election, returns, and qualifications of the Members of Parliament.
  
• Create a commission on impeachment composed of 15 chosen by the Parliament among its members on the basis of proportional representation of the parties. It shall have the sole power of impeachment.
  
• Create a commission on appointments composed of 15 chosen by the Parliament among its members on the basis of proportional representation of the parties.

The President

• Elect the President from among the Members of Parliament by a majority vote for a term of five years. Upon taking his oath of office, the President shall cease to be a member of the Parliament and of any political party. He should be at least 50 years of age on the day of his election as President, and a resident of the Philippines for at least 10 years immediately preceding such election.
  
• Until the Parliament shall provide otherwise, the President shall receive an annual salary of P1.2 million.

The Prime Minister and the Cabinet

• The Prime Minister shall be elected by a majority of all the Members of Parliament from among themselves.
  
• Allow the Prime Minister to appoint members of the Cabinet who shall be the heads of ministries. At least two-thirds of whom shall come from the Parliament. Members of the Cabinet may be removed at the discretion of the Prime Minister.

Judicial Department

• Give Parliament the power to define, prescribe, and apportion the jurisdiction of various courts but not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 (of the proposed amendments).
  
• Allow members of the Supreme Court, and justices and judges of lower courts to hold office during good behavior until they reach the age of 75 years or become incapacitated to discharge the duties of their office. They have the option to retire at the age of 70 years with full benefits.

Constitutional Commissions-Commission on Elections

• Allow the Prime Minister to appoint the Comelec Chairman and the Commissioners with the consent of the Commission on Appointments for a term of seven years without immediate reappointment. The incumbent chairman and commissioners shall be allowed to serve out their respective terms.
  
• Strengthen political parties which must receive equitable subsidy from government. Incumbent elective officials shall forfeit their seats if they change or leave the parties under which they were elected.

National Economy and Patrimony

• Allow Parliament to provide by law ownership of residential and industrial lands by foreigners in connection with their investment in the country.

General Provisions

• Set the tour of duty of the Chief of Staff of the Armed Forces to three years. However, in times of war or other national emergency declared by the Parliament, the Prime Minister may extend such tour of duty.

Transitory Provisions

• Set up the unicameral parliamentary system and the Parliament immediately after ratification of the Amendments.
  
• If in the plebiscite for the ratification of the proposed amendments the people shall decide to set the first elections under the parliamentary system to the second Monday of May 2010, then the interim parliament shall be extended until 30 June 2010.
  
• If the people decide to push through with the elections of 2007, the terms of office of all officials elected shall be up to 30 June 2012. Parliament shall elect, after noon of 30 June 2010, from among the members thereof the President who shall serve until 30 June 2012.
  
• Make incumbent members of Congress automatic Members of Parliament until their terms end on 30 June 2007 or until the first elections for members of parliament are held in May 2007.
  
• Allow senators elected in May 2004 to continue to serve as Members of Parliament until June 2010.
  
• Allow the incumbent President to continue as Chief Executive and exercise the same powers under an interim parliament except those to be delegated to a Prime Minister who shall serve as chief operating officer of the government, conformably with the parliamentary system.
  
• Enable the incumbent Vice President to automatically become a member of parliament and of the Cabinet until 30 June 2010. He shall be the presiding officer for the immediate election of the Prime Minister.