QuestionsQuestions (THE LAW GOVERNING THE CONSTITUTIONAL COMMISSION OF 1986)
It is promulgated by President Corazon C. Aquino based on the “Freedom Constitution” under Proclamation No. 3, to organize the Constitutional Commission’s composition, procedures, and the ratification/plebiscite process for the proposed new Constitution.
Not more than fifty (50) representatives: national, regional, and sectoral representatives.
They are apportioned among the thirteen regions as nearly as may be according to the number of their inhabitants on the basis of the latest census.
Each of the thirteen (13) regions must have at least one member.
Political parties or groupings of parties, civic/religious/ethnic or other sectoral groups, or individual citizens.
Nominations must be filed not later than May 5, 1986 (late nominations may be considered in meritorious cases). Names of nominees must be published in newspapers of general circulation for three consecutive days not later than May 10, 1986. Comments/reactions may be expressed not later than May 20, 1986.
Natural born citizen of the Philippines, qualified voter, and of recognized probity, independence, nationalism, and patriotism.
(1) Public officials must resign from their offices upon acceptance, otherwise the appointment is automatically nullified; (2) persons convicted of a crime involving moral turpitude are disqualified unless granted absolute pardon or amnesty.
The Commission itself is the sole judge of the qualifications of its members.
To faithfully and conscientiously fulfill duties to draft a fundamental law reflective of Filipino ideals, complete within the period provided by law, not to run in the first local and first national elections after ratification, and to preserve and defend the Freedom Constitution.
They are not eligible to run for office in the first local and first national elections after ratification; nor appointed to any government office/position while the Commission is in session and during one (1) year after its final adjournment.
The Vice-President presides at the opening session until a presiding officer is elected. The election of a Chairman and presiding officer, along with disqualification/election processes, deems the Commission organized.
A majority of all members constitutes a quorum. A smaller number may meet, adjourn day to day, and compel attendance of absent members through penalties as the Commission may provide.
For offenses punishable by not more than six (6) years imprisonment: privileged from arrest during attendance and going to/returning from sessions. Members cannot be questioned elsewhere for speeches/debates in the Commission, committees, or public hearings.
The Minister of General Services arranges convening of the Commission. Each member receives a per diem of P500 for each day of attendance and necessary traveling expenses.
Under the Law, the President fixes the plebiscite date not later than 60 days following submission. The Constitution becomes effective upon ratification by a majority of votes cast. Proclamation No. 3 similarly provides plebiscite within 60 days following submission to the President.
Certain provisions (Article I, III, IV, V, VI) of the 1973 Constitution remain in force and are adopted into the Provisional Constitution; other specified articles are adopted insofar as not inconsistent; provisions of Article VIII, IX, XVI, XVII and amendments are superseded.
The President continues to exercise legislative power until a legislature is elected and convened. Priorities include reorganizing government, protecting rights, rehabilitating the economy, recovering ill-gotten properties, eradicating graft and corruption, and restoring peace and order/settling insurgency.