Question & AnswerQ&A (THE LAW GOVERNING THE CONSTITUTIONAL COMMISSION OF 1986)
The law is titled as the "Law Governing the Constitutional Commission of 1986."
The Constitutional Commission shall be composed of not more than fifty (50) members, including national, regional, and sectoral representatives appointed by the President.
A member must be a natural-born citizen of the Philippines, a qualified voter, and of recognized probity, independence, nationalism, and patriotism.
The President of the Philippines appoints the members of the Constitutional Commission.
Disqualifications include being a public official who fails to resign upon acceptance, or a person convicted of a crime involving moral turpitude unless pardoned or granted amnesty.
Nominations can be made by political parties, sectoral groups, or individual citizens, must be in writing with supporting documents, filed not later than May 5, 1986, and the nominees' names are published for public comments.
Members take an oath to faithfully and conscientiously fulfill their duties to draft a constitution reflective of Filipino ideals, to complete work within the set period, not to run for office in the following elections after ratification, and to preserve and defend the Freedom Constitution.
No, members are disqualified from running for any office in the first local and first national elections after the ratification of the new Constitution and from appointment to any government office during the Commission's session and one year after adjournment.
Members have privilege from arrest for offenses punishable by imprisonment not exceeding six years during attendance at sessions, and cannot be questioned or held liable for speeches or debates in Commission proceedings.
The Commission meets initially with the Vice-President presiding. The first business is to elect a Chairman and presiding officer among members. It is deemed organized upon the election and qualification of the Chairman.
The sum of Twenty Million Pesos (P20,000,000) is appropriated for operational expenses. The Commission is not subject to usual budget allocation rules but must report expenses to the Commission on Audit upon completion.
The Commission shall endeavor to complete its work by September 2, 1986, and the President shall fix a plebiscite date for ratification within 60 days after submission. The Constitution becomes effective upon ratification by majority vote.
Regional representatives are apportioned according to population among the thirteen regions, and each region must have at least one member. Sectoral representatives are chosen from groups such as farmers, workers, students, professionals, business, military, and ethnic groups.
The Commission determines its rules of proceedings, may punish members for disorderly behavior, and with two-thirds concurrence, can expel a member.
It declares a national policy to reorganize the government, protect basic rights, and adopt a provisional constitution leading to a government under a new Constitution within the shortest possible time, respecting human rights during the transition.