THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
"04 JUN 30 PI2 :I 9 
First Regular Session 
1 
S E N A T E  
2 
(.* 
S. NO.- 
~~ 
~ 
Introduce by Senator Juan M. Flavier 
EXPLANATORY NOTE 
This bill seeks to convene a constitutional convention to 
propose amendments to, or revision of, the 1987 Constitution. Its 
legal basis is found in section 1 of article XVII of the charter, 
which allows Congress by a vote of two-thirds of its members, to 
call for one. 
A constitutional convention, composed of delegates 
elected by their fellow citizens, provides a forum for an intelligent 
discussion, profound study and dispassionate debate on the 
proposed remedies to perceived charter defects. 
Proposing constitutional changes must be deliberated in 
style, which is absent in the mass production of signatures for 
the people's initiative, and objective in nature, which is not 
expected from a constituent assembly which may be tempted to 
craft charter along its desires. 
Our past tree constitutions have been written the 
"deliberative assembly" way. There is no compelling reason to 
divert from this proven track. And there is the opportunity in the 
next three hundred sixty five (365) days to review the charter, with 
the least cost to the public and the smallest fissure in our already 
fractious society. 
The ConCon proposed herein is composed of two hundred 
four (204) delegates, to be elected by congressional district and 
whose qualifications are the same members of the House of 
Representatives. 
The election shall be conducted in way which would allow 
both the candidate and the government to incur the least 


expense. A candidate must disclose his business interests the 
moment he files his candidacy. A 
ne hundred fifty (150) essay 
on the proposed constitutional reforms h plans to advocate if 
elected shall be posted inside voting booths to guide the voters. 
Political parties are banned from joining or influencing the 
exercise, and so are public officials. Delegates hall be granted 
par1 iamentary immunity. 
The ConCon, whose members shall be, paid five hundred 
pesos (P500.00) per diem for every session or committee 
meetings attended, is allowed one hundred twenty (120) session 
days, to submit its work to the President, who shall then schedule 
a plebiscite sixty (60) to ninety (90) days after the submission. A 
majority of the votes cast in the plebiscite signals the ratification 
of the proposed amendments or revisions. 
The early approval of this bill is requested. 
R 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
) 
First Regular Session 
1 
$’@I 
~~~~~ 
2:f9 
OF THE PHILIPPINES 
’ 3  
S. NO. 
* r  
Introduce by Senator Flavier 
AN ACT 
CALLING FOR A CONSTITUTIONAL CONVENTION TO STUDY 
AND APPROVE PROPOSED AMENDMENTS TO, OR 
REVISIONS OF, THE 1987 CONSTITUTION, PROVIDING FOR 
PROPOTIONAL REPRESENTATION THEREIN AND 
OTHER DETAILS RELATING TO THE HOLDING OF 
THE CONVENTION, SETTING THE DATE QF ELECTION 
OF DELEGATES, APPROPRIATING FUNDS THEREFOR AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of 
the Philippines Congress assembled: 
SECTOIN 1. Title- this law shall be known and cited as “The 
Constitutional Convention Act”. 
SEC. 2. Composition. - The Constitutional Convention shall 
be composed of two hundred four (204) delegates, each of whom 
shall be elected by legislative district. 
SEC. 3. Qualification. - Delegates shall have the same 
qualifications, as those required of Members of the House of 
Representatives. 


SEC. 4. Disqualification. - The following are disqualified 
from being delegates of the convention: 
1) 
Any public officials unless he resigns his office upon his filing 
of his certificate of candidacy; or 
2) 
Any person convicted of a crime involving moral turpitude, 
unless granted absolute pardon or amnesty. 
SEC.5. Election of Delegates. -The election of delegates to 
the Convention by the qualified electors of each district shall be 
held on the second Monday of May 2005. The Commission on 
Elections shall promulgate such rules and regulations as may be 
necessary for the conduct of 
such election, taking into 
consideration the need to reduce the minimum expenses on the 
part of the candidate and of the government, and the non-partisan 
nature of the Convention. 
SEC. 6. Ban on Political Parties.- all political parties, or a 
coalition or alliance of such, their officers and members are 
prohibited from nominating, fielding, endorsing, supporting, 
directly or indirectly, material or otherwise, or campaigning for or 
against any candidate. No candidate shall represent or allow 
himself to be represented as being a candidate of any political 


party or any political coalition or group in which a political party 
is a member or a convenor thereof. 
SEC. 7. Declaration of Intent and Disclosure of Assets and 
Liabilities. - In addition to documentary requirements that the 
Commission on Elections may require of a candidate during the 
filing of his certificate of candidacy, the candidate shall also 
submit: 
1) 
A concise statement, not exceeding one hundred and fifty 
words, of the principal constitutional reforms, programs or 
policies he proposes to advocate if elected; and, 
2) A sworn statement of assets and liabilities, financial and business 
interest, including those of his spouse and children, and other 
relatives within the fourth (4th) degree of consanguinity of affinity. 
A copy of each statement shall be conspicuously posted in 
each polling place in the district. 
SEC. 8. Oath of Affirmation. - Delegates to the Convention 
shall qualify and assume office by taking the following oath or 
affirm at i on : 
" I solemnly swear (or affirm) that I will faithfully and 
conscientiously fulfill my duties as delegate to the 2005 


Constitutional Convention by drafting proposed amendments to, 
or revision of, the fundamental law which are truly reflective of 
the ideas and aspirations of the Filipino people, endeavor to 
complete the work within the period provided by law, not to run 
for any office in the first local and th first national elections to be 
held after the ratification of the amendments that the convention 
will propose; and 1 will preserve and defend the Constitution of 
the Republic. So help me God.” (in case of affirmation, last 
sentence shall be omitted.) 
SEC. 9. Future Disqualification. - Any person elected and 
qualified as delegate to the Convention shall not be eligible to run 
for the office in the first local and first national elections to be 
held after the ratification of proposed amendments to the 1987 
Constitution; or appointed to any government office or position 
while the convention is in session and during the period of one 
(1) year after its final adjournment. 
SEC. IO. Who May Convene. - 
(1) The chairman of the Commission on Elections, assisted 
by the Secretaries General of Senate and the House of 
Representatives, shall take charge of all arrangements for the 
convening of the Constitutional Convention; 


(2) The opening session of the convention shall be held in 
the session hall of the House of Representatives on June 30, 2005 
at 1O:OO o’clock in the morning; 
(3) The President of the Senate and the 
peaker of the 
House of Representatives shall jointly preside at its opening 
session until a presiding officer is elected by the Convention from 
the delegates. The election of a chairman and presiding officer 
from among the delegates shall be the first order of business. The 
Convention shall be deemed organize upon the election and 
qualification of a chairman and presiding officer. The Convention 
shall choose such other officers, as it may deem necessary. 
SEC. 11, Rules and Quorum. - 
(1) 
A majority of all delegates shall constitute a quorum to 
do business, but a smaller number may meet, adjourn from day to 
day, and compel the attendance of absent delegates in such 
manner and under such penalties as the convention may provide. 
(2) 
The Convention may determine the rules of its 
proceedings, punish delegates for disorderly behavior, and with 
the concurrence of two-thirds of all delegates suspend or expel a 
delegate. A penalty of suspension shall not exceed sixty (60) 
days. 


(3) 
The plenary sessions of the Convention, including the 
meetings of its committee, shall be public and duly recorded. It 
may hold its session in any place in the Philippines. 
(4) 
The Convention shall conduct public hearings to ensure 
that the Filipino people will have adequate and sustained 
participation in the formulation of proposed amendments to the 
Constitution. 
(5) 
Delegates shall enjoy franking privileges for official mal. 
The public shall be given a fifty- percent (50%) discount in the 
regular mail postage should the write to their delegates. 
(6) 
The Convention shall keep a Journal of its proceedings 
and from time to time publish the same. The public shall have full 
access to the records of proceedings of the Convention. 
SEC. 12. Approval of Proposal Constitutional Amendments 
or Revisions. - The final approval of any proposed amendments 
to, or revision, the Constitution shall require a majority vote of all 
the delegates to the Convention. 
SEC. 13. Administrative and Technical Assistance. - All 
government entities, agencies and instrumentalities, including the 


Senate and the House of Representatives, shall place at the 
disposal of the convention such personnel, premises, supplies 
and furniture thereof which can, in their judgment, be spared 
without detriment to the public services, without the cost, refund 
or additional pay. 
SEC. 14. Parliamentary Immunities. - Laws relative to 
parliamentary immunity of Members of Congress shall be 
applicable to the delegates of the convention. 
SEC. 15. Compensation. - 
(1) 
Each member shall receive a per diem of five hundred 
pesos (P500.00) for every day attendance in the plenary session 
of the Convention or any of the meetings of its committees or sub 
committees and to necessary. Traveling expenses to and from his 
residence when attending the session of the Convention or of its 
Committees. 
(2) 
The Convention may determine the amount for the office 
and staff expenses of its members, subject to pertinent 
government personnel compensation and audit laws. 


SEC. 16. Completion. - The Convention shall complete its 
work in one hundred twenty (120) session days, and there after 
present to the President the proposed amendments to, or 
revis ions of, the Constitution. 
.SEC. 17. Ratification. - The President shall fix the date of 
the plebiscite for the ratification or rejection of the proposed 
amendments to, or revisions of, the Constitution which be held no 
earlier than sixty (60) days no later than ninety (90) days following 
its submission to the president. 
The 
proposed 
amendments 
to, 
revisions 
of, 
the 
Constitution shall become valid and active upon ratification by a 
majority of the votes cast in such plebiscite. 
SEC. 18. Funding. -The sum of one hundred million pesos 
(PIOO, OOO,OOO.OO), which shall be taken from the Contingency 
Fund in the General Appropriation Act for Fiscal year 2004 is 
hereby set aside and made available for operations of the 
Convention. 
SEC. 19. Approval. - This Act shall take effect 15 days after 
its publication in a newspaper of general circulation. 
Approved,