HOUSE OF REPRESENTATIVES
Republic of the Philippines RECEIVED

HOUSE OF REPRESENTATIVES pate: | 2 WL 2018
Constitution Hills, Quezon City 7

TIME: Ting
BY:
SEVENTEENTH CONGRESS

First Regular Session REGISTRATION UNIT
BILLS AND «NDEX SERVICE
1463

HOUSE BILL

Introduced by REP. EDGAR MARY S. SARMIENTO

EXPLANATORY NOTE

This bill seeks to call for a Constitutional Convention to propose amendments to, or revision
of the 1987 Constitution, and appropriating funds thereof.

‘The 29-year old 1987 Philippine Constitution needs to be revisited to institute much needed
socio-political and economic reforms. These proposals for amendments to, or revision of the
Constitution, aim to update the Constitution for it to be more responsive to the country’s
present situation and to ensure the country’s competitiveness in a highly globalized economy.

The delegates of the Constitutional Convention shall be elected on the date agreed and
confirmed by the members of the House of Representatives upon the approval of this measure
in accordance with the pertinent provisions of applicable laws.

The calling for a Constitutional Convention to propose amendments to the Constitution is the
least divisive and the most transparent, exhaustive and democratic means of ieving
constitutional reform, among the three modes of amending the constitution as provided for
under Sections ] & 2, Article XVII of the 1987 Constitution.

Through a transparent Constitutional Convention — participated by the people from election
of its delegates, public hearings and deliberations, to ratification of the new Constitution by a
plebiscite — upholding the sovereign mandate of the Filipino people is genuinely at hand.

The approval of this bill is therefore earnestly requested.

EDGAR RY S.\SARMIENTO



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitutional Hills, Quezon City

SEVENTEENTH CONRESS
First Regular Session

HOUSE BILD NO.1 463

Introduced by REP. EDGAR MARY S. SARMIENTO.

AN ACT
CONSTITUTING A CONSTITUTIONAL CONVENTION TO AMEND THE
1987 PHILIPPINE CONSTITUTION, DEFINING QUALIFICATIONS FOR ITS
DELEGATES, APPROPRIATING FUNDS FOR ITS
OPERATIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “Constitutional Convention

Act of 2016.”

SECTION 2. Declaration of Policy. ~ The State shall ensure that in the revision or
amendment of the constitution, the time honored fundamental principles and blessings of
democracy including but not limited to the following: protection of human rights, promotion
of social justice, separation of powers, reduced discretion to the executive, grant of autonomy
and self-determination to the regions, good governance and public accountability, shall be

enhanced and better protected.

SECTION 3. Powers and functions. — The Constitutional Convention shall have the
power to revise or amend the 1987 Constitution pursuant to Section 2 of this Act.
SECTION 4. Date of election of Constitutional Convention Delegates. — There shall

be an election of delegates to the Constitutional Convention on a date agreed and confirmed
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by Congress upon the approval of this measure. The Commission on Elections shall within
thirty (30) days from the enactment of this Act, promulgate the rules and regulations
necessary for the elections of the delegates to the Constitutional Convention.

SECTION 5. Composition and term of the Constitutional Convention. ~ The
Constitutional Convention shall be composed of two (2) delegates from every legislative

district. The drafting of the amended or revised constit

ion by the delegates of the
Constitutional Convention shall be completed within a period not exceeding two (2) years
after the effectivity of its rules. No extension of the term of the Constitutional Convention
shall be allowed.

SECTION 6. Qualifications. - No person shall be elected a delegate of the
Constitutional Convention unless he is a natural born citizen of the Philippines and, on the

day of the election, is at least twenty-five years of age, a qualified voter, of recognized

probity, independence, nationalism and patriotism.

SECTION 7. Disqualifications. ~ The following are disqualified from being a

candidate for the election of delegates of the Constitutional Convention:

1. All incumbent elected officials of the government, including but not limited to the
President, Vice-president, Members of the Congress, and local government
officials, Provided that, any of the foregoing who files a certificate of candidacy
as delegate of the Constitutional Convention shall automatically be construed as
officially resigned from his position,

2. 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 months or for a crime involving moral turpitude, shall be

disqualified to be a candidate for the Constitutional Convention, nor allowed to sit


as a delegate of the Constitutional Convention, unless he has been given plenary

pardon or granted amnesty.
SECTION 8. Future disqualifications. - Any person elected as a delegate of the
Constitutional Convention shall not be eligible to run for any public office or position in the

first national and first local elections to be held after the ratification of the new Constitution.

Further, no elected delegate of 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 revised or amended Constitution.

SECTION 9. Oath of the delegates. — Delegates of the Constitutional Convention
shall qualify and assume office by taking the following oath or affirmation:

1, (name of delegate), do solemnly swear and affirm that I shall faithfully and
conscientiously fulfill my duties as Delegate of the Constitutional Convention of (specific
year) by drafting a fundamental law truly reflective of the ideals and aspirations of the
Filipino people, endeavor to complete the work of the Constitutional Convention within the
period provided by law, not to run for any office in the first local and national elections to be
held after the ratification of the Constitution that the Constitutional Convention will propose,

and preserve and defend the duly ratified Constitution of the Republic of the Philippines. So

help me Gos

SECTION 10. Administrative support. — A11 national government offices and
agencies and local government units shall accord and give the Constitutional Convention the
necessary support and respect by allowing its officers and personnel to attend the hearings
and/or proceedings of the Constitutional Convention.

SECTION 11. No restraining order or preliminary

nction. ~ Except for the

Supreme Court, no court of the Philippines shall have jurisdiction to issue any restraining

order or writ of preliminary injunction against the Constitutional Convention in any case or



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dispute arising from or necessary to the application and enforcement of the provisions of this
Act.

SECTION 12. Rules of the Constitutional Convention. — The elected delegates of the
Constitutional Convention shall establish their own rules and regulations for the effective and
efficient conduct of its purpose and proceedings. The Constitutional Convention shall have
the powers to cite any person in direct or indirect contempt, and, accordingly, issue the
appropriate penalties for contumacious conduct.

‘The rules of the Constitutional Convention must be completed by the delegates of the
constitutional convention within a period of thirty (30) days from the time the delegates take
their oath. The rules shall be approved by a majority vote of all the elected delegates.

SECTION 13. Parliamentary immunities. — A delegate of the Constitutional
Convention shall, in all offenses punishable by not more than six (6) years imprisonment, be
privileged from arrest during attendance of its session, and in going to and returning from the
same, Further, a delegate of the Constitutional Convention shall not be questioned nor be held
in any other place for any speech or debate in the Constitutional Convention, in any
committee thereof, or in any public hearing conducted by the Constitutional Convention or
any committee thereof whenever held.

SECTION 14. Appropriations. — For the implementation of this Act, the amount of
Two Billion Pesos (P2,000,000,000.00) shall be appropriated to the Constitutional
Convention. This whole amount shall be made available to the Constitutional Convention in a
timely manner. Each delegate of the Constitutional Convention shall receive a per diem of
not less than Five Thousand Pesos (P5,000.00) for every day of attendance in the
Constitutional Convention or of any of its committees, and, to necessary traveling expenses
to and from his residence when attending the sessions of the Constitutional Convention or of

its committees.


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SECTION 15. Separability Clause. — If any provision, ot part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.
SECTION 16. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulati

mn contrary to or
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 17. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,