HOUSEOF REPRESENTATIVES

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVE: pate: 16 AUG 2016
Quezon City we Gidea
——s
SEVENTEENTH CONGRESS BY: _Bowhe
First Regular Session
REGISTRATION UNIT

House BLL 8026 BILLS AND INDEX SERVICE

Introduced by Representatives Mariano Michael M. Velarde Jr., Jose L. Atienza
Jr,

EXPLANATORY NOTE

‘The 1987 Constitution of the Republic of the Philippines was ratified by the
Filipino people in a plebiscite on February 2, 1987 that was about three
decades ago. There had been efforts during the past administrations to revisit
our Constitution but did not push through mainly due to political reasons.

It is apparent that the socio-political and economic landscape of our country
had considerably changed through the years and we need reforms responsive
to the needs of our country and its people.

With the election of President Rodrigo Duterte, who had been very open
during his campaign on his advocacy towards the shift to federalism and the
concurrent house resolution of the Senate and the House of Representatives
calling for a constitutional convention, it is high time to revisit the present
constitution and propose the much needed amendments and/or revisions
thereto.

fence, the approval ofthis bill is earnestly requested.
),
Hon. im M. Velarde Jr.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL. 3 026

Introduced by Representative Mariano Michael M. Velarde Jr., Jose L. Atienza
Jr.

AN ACT CALLING FOR A CONSTITUTIONAL CONVENTION OF 2016

Be it enacted by the Senate and HOUSE OF REPRSENTATIVES of the
Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as the “Constitutional
Convention Act of 2016.”

SECTION 2. Declaration of Policy. - It is the policy of the State to be
responsive to the changing socio-political and economic needs of the country,
and this can be better served if we introduce the much needed reforms
through amendments or revisions in the present Constitution.

SECTION 3. Composition of the Constitutional Convention. — The
Constitutional Convention shall be composed of delegates to be elected one
each from the eighty (80) provinces and from the thirty three (33) highly
urbanized cities of the country plus forty (40) delegates to be appointed by the
President from the various sectors of society.

SECTION 4. Elective Delegates. There shall be an election of delegates to
the Constitutional Convention to be held simultaneously with the next
Barangay and Sangguniang Kabataan (SK) Elections. The Commission on
Elections shall promulgate the rules and regulations for the election of
delegates to the Constitutional Convention.

SECTION 5. Qualifications of Elective Delegates. No person shall be
elected as delegate to the Constitutional Convention unless he/she is a
natural-born citizen of the Philippines, and on the day of election is at least
thirty-five (35) years of age, a registered voter of the province or highly
urbanized city in which he/she shall be elected, a college graduate and of
recognized probity, independence, nationalism and patriotism.

SECTION 6. Appointive Delegates. Within fifteen (15) days from the calling
of the Constitutional Convention, the President shall issue an executive order


providing the manner by which the forty (40) delegates from the various
sectors of the society will be chosen.

SECTION 7. Qualifications of Appointive Delegates. No person shall be
appointed as delegate to the Constitutional Convention unless he is a natural-
born citizen of the Philippines, at least thirty-five (35) years of age, member of
the private sector, industry or cultural group he will represent and of
recognized probity, independence, nationalism and patriotism

SECTION 8. Disqualifications. The following are disqualified from being an
elective or appointive delegate to the Constitutional Convention

a. All incumbent elected and appointed government officials of the
Republic of the Philippines, including, but not limited to, the
President, Vice President, Members of the Senate and House of
Representatives, local government officials, cabinet members,
Department Secretaries, assistant secretaries and
undersecretaries, Bureau Chiefs and Directors;

b. Any person who has been declared by competent authority as
insane or incompetent, or has been sentenced by final judgment for
subversion, insurrection, rebellion or for any offense for which he
has been sentenced to a penalty of more than eighteen (18) months
of imprisonment or for a crime involving moral turpitude shall be
disqualified to sit as a delegate to the Constitutional Convention,
unless he has been given plenary pardon or general amnesty.

c. Any native born citizen of the Philippines who has acquired another
citizenship or sworn allegiance to any foreign country or state
regardless of whether he has elected dual citizenship or reacquired
his Filipino citizenship shall likewise be disqualified to sit as
delegate to the Constitutional Convention.

SECTION 9. Future Disqualifications. Any person elected or appointed as.
delegate to the Constitutional Convention shall not be eligible to run for any
public office or position in the next three (3) national and local elections to be
held after the ratification of the new Constitution. Further, no delegate to the
Constitutional Convention shall be appointed to any public office or position
while the Constitutional Convention is in session and within a period of one (1)
year after the plebiscite for the ratification of the new Constitution.

SECTION 10. Rules of the Constitutional Convention. Within thirty (30)
days from the time the delegates take their oath, the delegates to the
Constitutional Convention shall promulgate their own rules and regulations for
the effective and efficient conduct of its purpose and proceedings. The rules
and regulations shall be adopted and approved by a majority vote of all the
delegates.

SECTION 11. Parliamentary Immunities. The provisions of the Constitution
and the laws relative to the parliamentary immunity of the Members of
Congress shall be applicable to the delegates of the Constitutional
Convention.


SEC. 12. Appropriations. — There is hereby appropriated an amount of One
Billion Pesos (P1,000,000,000.00) for the election and operations of the
Constitutional Convention.

SEC. 13. Separability Clause. - If any part or section of this Act is declared
invalid or unconstitutional for any reason whatsoever, such declaration shall
not in any way affect the other parts or sections of this Act.

ity. - This Act shall take effect upon its approval.

le Jr. Hon. Jose L. Atienza Jr.