HOUSE OF REPRCSENT ANVES

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SEVENTEENTH CONGRESS jy-n.c-3 cow ett
First Regular Session | py is axo wile X SERVICE

House Bill No. 312

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

EXPLANATORY NOTE

The Preamble of the 1987 Constitution, reads:

“We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society, and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth, justice,

freedom, love, equality, and peace, do ordain and promulgate this Constitution.” .

The language of the Preamble is lofty, beautiful and inspiring. It gives our
people much hope that they would be living in a society that offers a better quality
of life and under a democratic Government that guarantees a rule of law and,

among others, a regime of “justice”, “truth”, and “peace”.

Alas, after more than a quarter of a century since the adoption of the 1987
Constitution and after the administrations of five (5) Presidents, our people are, in
a manner of speaking, still “wandering in the desert” in their journey towards the

“promised land”, Our people are still confused, bothered and bewildered, as they


look around them and see the things and events occurring in the country, which are

in stark contrast to the dreamland country envisioned by its Preamble.

THE PREAMBLE, AMONG OTHERS, TELLS US:
1. Of building in our country “a just and humane society”
(a) And yet, how can this be, when the sad reality is that 26 million of
our people (or 26% of the population) are living below the poverty
line, with 12 million of them going hungry every day.

(b)How can this be, when hundreds of our hungry farmers in
Kidapawan, North Cotabato, were being massacred by the
National Police, just because they were demonstrating and asking

the Government for rice with which to feed their families?

(c) How can this be, when the sad reality is that thousands of the
victims of the super-typhoon Yolanda, were left to suffer of
hunger, even while hundreds of tons of food items donated by
domestic and foreign donors were rotting in the bodegas of
DSWD?

2. A Government that adheres “to the Rule of Law”
(a) And yet how can this be, when the sad reality is that there is so
much graft and corruption reported in such Government agencies:
as the DOTC, BOC, BIR, DPWH, DA, DBM and in several

others?

(b) How can this be, when the sad reality is that hundreds of millions

of the funds of DAP have been used, according to one Senator, to



bribe some Senators and Congressmen, in connection with an

impeachment case?

(c)In the last elections, a national candidate ran on the issue of
fighting graft and corruption by following the “straight path” or
the “Daang Matuwid”. But apparently, the people did not believe
him, because, with all the graft and corruption around them, the
“Daang Matuwid” has turned out to be the “boulevard of broken
dreams”.

3. Of a Government that guarantees a “regime of justice”
And yet, the people ask: How can this be, when the forces of

the Administration are being used to harass and prosecute the
“political enemies” of the Administration, while at the same time, to
defend and protect its “political friends and allies”, in such a manner

as to give rise to a phenomenon that is now popularly known as

“selective” instead of equal justice?

4. Of a “regime of truth”
(a) How can this be, when the Government is not telling the people
the truth of what really happened to our 44 SAF Personnel who

were brutally slaughtered in the Mamasapano Massacre?

(b) How can this be, when the sad truth is that, after the super-
typhoon Yolanda, the Government did not want to tell the people
the truth about the actual number of victims who died in that
tragedy? So much so, that a Police Commander, who told the

media that there were about 10,000 people who lost their lives,



was relieved from his post because the Government wanted to

limit the number of casualties to less than half the actual number?

5. Of a “regime of peace”
(a) How can this can be, when the sad truth is that there is so much

crime and violence in all parts of the country today?

(b) How can this be, when the sad truth is that insurgency is a problem
in many parts of the country, especially in Mindanao. In fact, the
Philippines has the distinction of being the country having the

longest-running insurgency (the NPA) in the world?

THE REAL SCORE AND WHAT CAN BE DONE

No matter what some people think or say, the truth of the matter is that the
overwhelming majority of our people, are unhappy and dissatisfied with the things
and events that are happening in our country today. They cry out for CHANGE:
“Enough is enough! Sobra Na, Tama Na! Palitan Na!”

In whatever way one may look at it, this message was demonstrated, loud
and clear, in the last Presidential election. The people voted overwhelmingly for
the candidate who committed himself to bring about CHANGE- real and
meaningful change, soonest- “in three to six months” or, at the latest, in one year.

The rest is history.

And if our people would want this real and meaningful change to last and
endure, it should begin with the Constitution. A government, such as ours, is a

“government of laws and not of men”. And so, it should be noted that the



Constitution is the fundamental law of the land, to which all other laws must

conform.

The things and the conditions that our people would like to be changed
occurred in our country in spite or probably because of the 1987 Constitution. It
is, therefore, important, if not imperative, that our people should be given a chance
to take a second look at the 1987 Constitution. They can amend or revise this
document so as to make it more relevant, more adequate and more responsive to
meet the new challenges that may come to us in our changing times. For this

purpose, our people need to hold a Constitutional Convention.

Hence, early approval of this Bill is earnestly and respectfully requested.

GWE) YN F. GARCIA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

Q
House Bill No. 3

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

“AN ACT PROVIDING FOR THE HOLDING OF A CONSTITUTIONAL
CONVENTION AND APPROPRIATING FUNDS FOR THE ELECTION
OF ITS DELEGATES AND FOR THE BUDGET OF ITS OPERATION”

Section 1. Short title- This Act shall be known as “The Constitutional
Convention Act of 2016”.

Section 2. The Need for a Constitutional Convention.- In order that the people
can adopt a Constitution which establishes a government that is truly reflective of
their ideals and aspirations and which guarantees a regime of law, justice, truth,
freedom, equality and peace, it is hereby directed that a Constitutional Convention

be held, as hereinafter provided.

Section 3. Composition, Qualifications and Apportionment. The
Constitutional Convention, hereinafter referred to as the Convention, shall be
composed of one hundred five (105) Delegates, whose individual qualifications

shall be the same as those of a Member of the House of Representatives,. The



Delegates shall be elected by the qualified voters of the Administrative Regions of
the country and the Autonomous Region in Muslim Mindanao or the ARMM and
they are hereby apportioned among the Administrative Regions and the ARMM,

as follows:

National Capital Region
(Caloocan, Las Pifias, Makati, Malabon, Mandaluyong, Manila, Marikina,
Muntiblupa, Navotas, Parafiaque, Pasay, Pasig, Pateros, Quezon City, San
Juan, Taguig and Valenzuela) - Thirteen (13)

Ilocos Region
(Dagupan, Ilocos Norte, Ilocos Sur, La Union, Pangasinan, - Five (5)

Cordillera Administrative Region
(Abra, Apayao, Baguio, Benguet, Ifugao, Kalinga, Mountain Province) -
Two (2)

Cagayan Valley
(Batanes, Cagayan, Isabela, Nueva Viscaya, Quirino, Santiago) - Four (4)

Central Luzon
(Angeles, Aurora, Bata-an, Bulacan, Neuva Ecija, Olongapo, Pampanga,
Tarlac, Zambales) - Eleven (11)

Calabarzon
(Batangas, Cavite, Laguna, Lucena, Quezon, Rizal)- Fourteen (14)



Memaropa
(Marinduque, Occidental Mindoro, Oriental Mindoro Palawan, Puerto
Princesa, Romblon) - Three (3)

Bicol Region
(Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, Naga,
Sorsogon) - Six (6)

Western Visayas
(Aklan, Antique, Capiz, Guimaras, Iloilo, Iloilo City) — Five (5)

Negros Island
(Bacolod, Negros Occidental, Negros Oriental) — Five (5)

Central Visayas
(Bohol, Cebu, Cebu City, Lapu-lapu, Mandaue, Siquijor) ~ Six (6)

Eastern Visayas
(Biliran, Eastern Samar, Leyte, Northern Samar, Ormoc, Samar, Southern
Leyte, Tacloban) — Five (5)

Zamboanga Peninsula
(Isabela City, Zamboanga City, Zamboanga del Norte, Zambaonga del Sur,
Zamboanga Sibugay) — Four (4)

Northern Mindanao
(Bukidnon, Cagayan de Oro, Camiguin, Iligan, Lanao del Norte, Misamis
Occidental, Misamis Oriental) — Five (5)



Davao Region
(Compostela Valley, Davao City, Davao del Norte, Davao del Sur, Davao
Oriental, Davao Occidental) — Five (5)

Soccksargen
(Cotabato, Cotabato City, General Santos, Sarangani, South Cotabato,
Sultan Kudarat) — Five (5)

Caraga
(Agusan del Norte, Agusan del Sur, Butuan, Dinagat Island, Surigao del
Norte, Surigao del Sur) ~ Five (5)

Autonomous Region in Muslim Mindanao — ARMM
(Basilan excluding Isabela City, Lanao del Sur, Maguindanao, Sulu, Tawi-
tawi) — Four (4)

Section 4. Election of Delegates.- The election of Delegates shall be held on the
second Monday of January, Two Thousand and Seventeen (2017).

Section 5. Conduct of Election, Rules and Regulations.- The election of
Delegates to the Convention shall be conducted under the Manual System (not the
automated) and shall be governed by the provisions of Batas Pambansa Blg. 881

or the Omnibus Election Code, as amended, and as hereafter, provided:

(a) The Commission on Elections (COMELEC) shall establish, for the
purpose of this Act, a Regional Canvassing Board in strategically located
city or municipality, within each Administrative Region, as well as in the
ARMM. These Regional Boards of Canvassers shall canvass the Certificates



of Canvass coming from the Provincial, City or Municipal Board of
Canvassers in each Region, as well as in the ARMM, and, thereafter,
proclaim the winning Delegates for each Region, as well as in the ARMM;

(b) the COMELEC shall promulgate the Rules and Regulations to carry out

the provisions of this Act

Section 6. The Opening Session and Election of President of the Convention.
The Constitutional Convention shall be convened for its Opening Session on the
First Monday of March, Two Thousand Seventeen (2017) at ten o'clock in the
morning, at the Session Hall of the House of Representatives. The President of the
Senate and the Speaker of the House shall jointly preside at the Opening Session
and shall proceed to the election of the President of the Convention. After the
President of the Convention is duly elected and qualified, by the taking of his
Oath, he shall take over as the Presiding Officer at the Opening Session and

subsequent Sessions of the Convention.

Section 7. Organization of the Convention, the Rules of Procedure and the
Budget.- The Convention shall be organized by the election of its other Officers
and the formation of its Committees. The Convention shall promulgate its own

Rules of Procedure and shall prepare the Budget for its operation.

Section 8. Parliamentary Immunity.- The provisions of the Constitution and the
laws relative to the parliamentary immunity of the Members of Congress shall be
applicable to the Delegates to the Convention.

Section 9. Appropriation.- There is hereby appropriated out of any funds in the

National Treasury not otherwise appropriated, the sum of Php300 million for the



holding of the election of Delegates to the Convention and another sum of PhpS00

million for the Budget necessary for the operation of the Convention.

Section 10. Separability Clause.- If for any reason, any provision of this Act is
declared invalid or unconstitutional, the reminder thereof shall not be affected by
such declaration.

Section 11. Repealing Clause.- All laws, rules, regulations or parts thereof,
which are inconsistent with this Act are hereby repealed, amended or modified
accordingly.

Section 12. Effectivity.- This Act takes effect upon its approval.

Approved,