1. The Philippine
Parliament (Katipunan ng mga Kinatawan ng Bayan) represents the
Filipino people and shall have executive and legislative powers.
Members of Parliament (Katipunero) shall have the honorary title
of Ka while enjoying office.
2.1.
The Parliament is composed of 150 duly elected national representatives
(Kinatawang-Pambansa), the Presidential Vicar (Kaakbay), duly-elected
Kinatawang-Pangkalahatan from each federal state, appointed Kinatawang-Pangkalahatan
from the Filipinos overseas sector if not elected, duly appointed
representatives for special concerns (Kinatawang-Pangkat) if not
elected, and Filipino individuals conferred with the honorary
title of Gat (Kinatawang-Pangdangal).
2.2.
Virtue of Malakas at Maganda
At
least thirty per cent of the composition of the elected Parliament
shall be held by women.
Unlike the Judeo-Christian concept that
women came from men, Filipino legend tells us that men and women
were created equal when they came out of the enchanted bamboo.
This provision was made from the call of women groups to have
greater participation is governance, and international groups
peg the number to at least 30 % as modestly acceptable.
This provision is overseen by the Electoral
University and section 3.2 of this article.
3.1.
Filipinos who are 21 years old and above and able to read and
write shall indirectly elect national representatives by voting
for a political party.
3.2.
Leaders of the political parties, by virtue of their charters
duly recognized by the Electoral University, nominate representatives
to Parliament.
3.3.
The 150 seats available to political parties shall be equitably
divided by the Electoral University to parties garnering more
than 2% of the number of votes cast in the parliamentary election.
3.4.
No political party shall occupy more than 101 seats as Kinatawang-Pambansa.
And at no time will the Parliament have more than 300 seats.
Note that you have to be 21 years of age
to elect a member of the parliament while you only have to be
16 years old to elect a president. It is the purview of this constitution
that a President should have a popular mandate.
4.
Upon the recommendation of the Parliament, the President shall
nominate Members of Parliament as Kinatawang-Pangkat from the
sector of overseas Filipinos depending on the number of overseas
electorates as prescribed by the Electoral University, if no election
has been done among Filipinos overseas, and shall also nominate
one Kinatawang-Pangkat for every sector of special concerns when
no sectoral political party, such as women, youth, labor, handicapped,
senior citizens, urban poor, peasant, indigenous peoples, professionals,
Muslims, ecclesiastic, and others as specified by law, has reached
sufficient number of votes to have a representative in Parliament.
These special representatives must be confirmed by the Governor-General,
the Parliament, and the Filipino Commission.
5. No person
may be elected or appointed to the Parliament unless he is a natural-born
citizen of the Philippines, of unquestionable good moral character,
a registered voter, able to read and write, at least twenty five
years of age on the day of the election, and, except the Kinatawang-Pangkalahatan
and Kinatawang-Pangkat of the overseas Filipinos, must be a resident
of the Philippines for at least five years immediately preceding
such election.
6. The term
of office of the Parliament starts on the First Day which is the
day after the last day of the full term the old Parliament, or
a day duly declared and realized by the President which is not
later than 30 days after the parliamentary elections following
a dissolved Parliament. The full life of a Parliament shall be
5 years and is not extendable. Neither a Parliament which is only
less than 16 months old, nor a Parliament which has less than
8 months left in office can be dissolved. The official First Day
starts at sunrise of that day.
7. The Procurator
shall convene the Parliament on the First Day (Unang Liwayway).
The Parliament shall then elect the Governor-General, Speaker
and other house deputies. The Governor-General, as a courtesy,
after taking an oath of office, must present himself to the President
for Consent of the Nation.
8. The Governor-General
and the Cabinet
8.1. The Governor-General
(Punong Tagapamahala, Prime Minister, supremo) is the head of
the Philippine Government (Pamahalaan) and the chief executive.
He must be a duly elected member of the Parliament (Kinatawang-Pambansa
or Kinatawang-Pangkalahatan).
Note that an appointed Member of Parliament
or those of honorary capacity cannot hold the office of Governor-General
or part of his Government.
8.2. The Governor-General
determines and is responsible for the general policy and guidelines
of the Government.
8.3. The Philippine
Government shall consist of the Governor-General and his Cabinet
(Lupon ng mga Tagapamahala), and shall be directly responsible
to the Parliament.
8.4. The Governor-General
may appoint a Deputy Governor-General (Punong Kalihim) from elected
members of the Parliament, and Secretaries (Kalihim) for each
Ministry (Kagawaran) who may not necessarily be members of the
Parliament. The Ministry Secretaries are subject to accreditation
by the Parliament.
8.5. The Government
may be asked to explain its performance, and its policies and
guidelines debated upon during the Question Hour (Oras ng Paglilinaw)
of the Parliament as convened by the Speaker.
8.6. The Government
may, in order to carry out its program, ask Parliament to authorize
it, for a limited period, to take by ordinance measures normally
within the legislative sphere.
8.7. The Governor-General
shall have control and supervision of all federal ministries,
departments, bureaus, agencies, and offices, and shall recommend
to the President the appointment of the judges of all federal
courts below the Supreme Court, the heads of federal bureaus,
agencies and offices, the officers of the armed forces of the
Philippines from the rank of brigadier general or commodore, and
all the other federal officers whose appointments are not otherwise
provided for, and those whom the Governor-General may be authorized
by law to appoint.
8.8. The Governor-General
shall command respect of the armed forces. In cases wherein there
exists extreme lawless violence, or a state of invasion or rebellion,
and when the sovereignty of the State is at risk and public safety
requires it, the Governor-General may, for a period not exceeding
sixty days, suspend the privilege of the writ of habeas corpus
or place the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial law
or the suspension of the privilege of the writ of habeas corpus,
the Governor-General shall report to the Parliament. By the majority
of votes cast, the Parliament may either revoke or concur or extend
such proclamation.
8.9. The Governor-General,
Deputy Governor-General and members of the Cabinet may be removed
from office by Vote of No Confidence by two-thirds of the number
of elected members of the Parliament.
8.10. The
Governor-General, Deputy Governor-General or any member of the
Cabinet may be removed from office or resign from his position
without vacating his seat in the Parliament.
8.11. When
the Governor-General is removed from office, for continuance of
government services, the members of the Cabinet shall remain until
they are replaced by the new Governor-General.
8.12. Upon
the removal of the Governor-General, the Parliament shall elect
a new one in the soonest and opportune time.
8.13. The
Governor-General may hold office at the Palacio del Gobernador
at Intramuros when in Manila.
9. The Speaker
9.1. The Speaker
(Punong Kinatawan) is the head of the Philippine Parliament, and
shall oversee the Parliament’s legislative functions and
the Business of the Day (Gawaing Pang-Araw) otherwise delegated
by Parliament Rules.
9.2. The Speaker
may be removed by a motion, duly seconded and voted upon by the
majority of the Parliament.
10. Members
of the Parliament who are Kinatawang-Pandangal may initiate legislation
provided it is co-sponsored by a duly elected member, and may
vote to pass a bill or resolution. They are not allowed to initiate
a Vote of No Confidence, but may vote when such motion is on the
Floor. They are not allowed to hold any seat in the Cabinet, Committees
and other minor bodies of the Parliament; however, they may be
deputized to do so temporarily by the Governor-General or the
Speaker on special and extreme cases.
11. Any private
individual or group of individuals may propose bills for Parliament’s
consideration. Such bills shall be initiated and governed respectfully
by promulgated Parliament Rules.
12. The Parliament
shall convene ipso jure on the second Monday from the First Day
for its regular session, if it falls on a holiday, the regular
session will open on the latest working day thereafter. It shall
be in continuous session until the end of its natural life. The
Parliament, as regulated by its own parliamentary rules and regulations,
may go into a vacation or on constituent consultation not more
than a cumulative number of 60 days per a year.
13. In order
to adopt agreements, the Parliament must be in session with the
attendance of the majority of members. In order to be valid, such
agreements must be approved by the majority of the members present.
The vote of the Members of Parliament is personal and cannot be
delegated. At no time in Parliament must the number of appointed
members (Kinatawang-Pandangal and Kinatawang-Pangkat) on the Floor
be more than 1/3 of the total; in such cases, members who are
Kinatawang-Pandangal shall be courteously removed from the Floor.
The Parliament shall adopt and promulgate its own Rules of doing
business and disciplining its members on the Floor as approved
by the majority.
14. Code of
Balagtas
14.1. Any
Katipunero may invoke the Code of Balagtas (Kuro ni Balagtas)
which only needs 1/3 of those present to be approved.
14.2. This
code rules to make the debate or questioning on the Floor to be
done on the strict convention of Balagtasan, which is in Filipino
(Tagalog) and in verse.
14.3.
The code shall only be lifted when the Parliament or committee
is adjourned for the day.
This provision was included as a way to
prevent unnecessary filibustering on the Floor.
15. Parliamentary
Immunity
15.1. No Member
of Parliament may be prosecuted or subjected to inquiry, arrest,
detention, or trial on account of opinions expressed or votes
cast in the course of his duties.
15.2. No Member
of Parliament may, be prosecuted or arrested for a felony or misdemeanor
without the authority of the Parliament, except in cases of flagrante
delicto, authorized prosecution, or final sentence.
15.3. The
detention or prosecution of a Member of Parliament shall be suspended
if the Parliament demands.
15.4. If a
Kinatawang-Pambansa has been removed or suspended by the Parliament,
the political party where he belongs may nominate a substitute
to his seat for the remainder of the term of Parliament. By virtue
of the statute of a political party as recognized by the Electoral
University, a Kinatawang-Pambansa may be suspend, dismiss and
discipline. However, a Kinatawang-Pambansa who is removed from
office may appeal his case to the Parliament as a whole if he
thinks he is unjustifiably dismissed because of a conscientious
vote cast on the Floor. Upon the discretion of the Parliament,
the Kinatawang-Pambansa may be reinstated or the decision of the
political party involved endorsed.
16. Passage
of a Bill into Law
16.1. No bill
passed shall become a law unless it has passed three readings
on separate days, and printed copies thereof in its final form
have been distributed to its Members three days before its passage,
except when the President or Governor-General certifies to the
necessity of its immediate enactment to meet a public calamity
or emergency.
16.2. Upon
the last reading of a bill, done on the Floor, no amendment thereto
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.
16.3. Every
bill passed by the Parliament shall, before it becomes a law,
be presented to the President. If he approves the same he shall
give the Consent of the Nation; otherwise, he shall veto it and
return the same with his objections to the Parliament, which shall
enter the objections at large in its Journal and proceed to reconsider
it. If, after such reconsideration, two-thirds of the Parliament
agrees to pass the bill, it shall become a law. In all such cases,
the names of the Members voting for or against shall be entered
in its Journal. The President shall communicate his veto within
ten days after the date of receipt thereof; otherwise, it shall
become a law as if Consent of the Nation has been given.
16.4. Otherwise
stated, a law shall take effect after fifteen days after it has
been published in at least two national dailies.
17. The Parliament
in Times of War and Emergency
17.1 The Parliament,
by a vote of two-thirds, shall have the sole power to declare
the existence of a state of war. However, it shall not bind unless
given Consent of the Nation by the President.
17.2. In times
of war or other national emergency, the Parliament may, by law,
authorize the President or the Governor-General, for a limited
period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national
policy. Unless sooner withdrawn by resolution of the Parliament,
such powers shall cease upon the next adjournment thereof.
17.3. The
Parliament also has the sole power to send contingents of the
armed forces to foreign territories for peace, aid and humanitarian
missions, law enforcement and military exercises, and other such
assignments.
18. A general
appropriations bill for all offices of Government, including that
of the President, shall be accomplished by the Parliament at the
start of ever fiscal year. No bill giving a Member of Parliament
a discretionary fund (Country-wide Development fund, pork barrel)
shall be enacted.
This constitution does away with the corruption
laden pork barrel.
19. The Parliament
may appoint investigating Commissions on any subject of public
interest. Their conclusions shall not be binding on the courts
nor will they affect judicial decisions, but they may be transmitted
to the appropriate agencies for the exercise of the necessary
actions when required. Appearance before the Parliament on request
shall be obligatory. The law shall regulate the sanctions which
may be imposed for noncompliance with this obligation.
20.
The Parliament shall create a Committee on Reviews, regulated
by Parliament Rules, to evaluate and study all enacted laws of
federal states, and previously enacted laws of the republic, and
report to the Floor of the Parliament the conclusion of its deliberation.
21.
The Parliament may create a Committes on Appointments, regulated
by Parliament rules, to evaluate, acceed or deny appointees done
by the President, Governor-General or The Filipino Commission.
22.
The plenary sessions of Parliament shall be public except when
there is an agreement against it which must be arrived at by an
absolute majority or by a change in the Regulations.