Composition of the Constitutional Commission
- Maximum of 50 members appointed by the President
- Members include national, regional, and sectoral representatives
- National representatives are persons of national standing with governmental or professional experience
- Regional representatives are apportioned among 13 regions proportional to population
- Sectoral representatives come from various groups such as farmers, workers, students, professionals, business, military, academic, ethnic groups
- Each region guaranteed at least one member
Nomination Process
- Nominations may be made by political parties, civic, religious, ethnic or sectoral groups, or individuals
- Deadline for filing nominations with the Office of the President: May 5, 1986, with late nominations considered in meritorious cases
- Nominations must include a verified curriculum vitae, category of representation, endorsements, nominee’s acceptance and resignation certification, and other relevant materials
- Nominee names published for three consecutive days by May 10, 1986
- Public may submit reactions or oppositions by May 20, 1986
Qualifications for Membership
- Natural-born Filipino citizens
- Qualified voters
- Persons of recognized probity, independence, nationalism, and patriotism
Disqualifications
- Public officials who fail to resign upon appointment (automatic nullification)
- Persons convicted of crimes involving moral turpitude without absolute pardon or amnesty
- The Commission is the sole judge of members’ qualifications
Oath or Affirmation
- Members must solemnly swear or affirm to faithfully fulfill duties
- Commit to completing work within the prescribed period
- Pledge not to run for office in the first local and national elections following ratification
- Commitment to preserving and defending the Freedom Constitution
Restrictions on Members’ Political Activities
- Members cannot seek election to office in the first local and national elections post-ratification
- Moratorium on appointment to government offices during commission sessions and for one year after adjournment
Organization and Operational Details
- Opening session chaired initially by Vice-President; members elect a Chairman and presiding officer
- Quorum is a majority; smaller groups may meet and compel attendance
- Commission conducts public plenary sessions and hearings to ensure public participation
- May hold sessions anywhere in the Philippines
- Government entities must provide support without cost
Filling of Vacancies
- President may appoint replacements after Chairman certification and consultation with affected group or sector
Parliamentary Immunities
- Members have privilege from arrest during sessions and travel in minor offenses (punishable by imprisonment up to six years)
- Immunity for speeches and debates during sessions and hearings
- Application of penalties for offenses against the Commission or its members
Compensation
- Members receive P500 per diem plus necessary travel expenses
Completion and Submission of Draft Constitution
- The Commission aims to complete the draft by September 2, 1986
- Proposed Constitution submitted immediately to the President thereafter
Ratification Process
- President sets plebiscite date within 60 days of submission
- Constitution becomes valid upon majority approval in plebiscite
Appropriation and Accountability
- P20 million appropriated for Commission’s operational expenses
- Commission exempted from Ministry of Budget rules on fund release
- Required to report expenses to Commission on Audit at conclusion
Immediate Effectivity
- The law takes effect immediately upon promulgation by the President
Provisional Constitution: National Policy and Governance
- New government installed through popular mandate, overriding 1973 Constitution provisions
- Government reorganization aimed at democracy, protection of rights, eradication of corruption, peace, and civilian supremacy over the military
- Guarantee of respect for human rights during transition
Adoption of Provisions from 1973 Constitution
- Certain articles (National Territory, Citizenship, Bill of Rights, Duties and Obligations, Suffrage) retained in full
- Other articles adopted partially unless inconsistent with the Proclamation
- Supersession of articles relating to Batasang Pambansa, Prime Minister, Amendments, and Transitory Provisions
Executive Power during Transition
- President exercises legislative function until a legislature is convened
- Priority measures include government reorganization, rights guarantees, economic rehabilitation, recovery of ill-gotten wealth, anti-corruption efforts, restoration of peace
- Cabinet appointed by President, accountable to and removable by President
- President supervises local governments
- Succession provisions for permanent vacancy of President or Vice-President
Government Reorganization
- Focus on economy, efficiency, and graft eradication
- Continuity of officials under 1973 Constitution until successors are appointed or designated
- Separation benefits provided to public officials removed in reorganization
- Preservation and transfer of government records and properties
Legal Continuity and Review
- Existing laws and executive issuances remain operational unless inconsistent
- President may review and modify contracts and concessions related to natural resources
New Constitution Drafting
- Commission appointed within 60 days, consisting of 30-50 natural-born citizens
- Members chosen with sectoral consultations, recognized for probity and nationalism
- Commission completes work swiftly, conducting public hearings with recorded sessions
- Proposed Constitution presented to President who sets date for ratification plebiscite within 60 days
Elections
- National elections scheduled under new Constitution
- Local elections held no earlier than plebiscite date
Effective Date and Publication
- Proclamation effective upon promulgation
- Official consolidated text published in English and Pilipino for public dissemination