The Consultative Committee tasked by President Rodrigo Duterte to draft a federal Constitution has finalized the most difficult part of the draft: the distribution of powers between the federal and regional governments and the structure of the federated regions, an official said Monday.
Concom senior technical assistant and spokesman Ding Generoso said the Concom was set to vote on the whole draft today, Tuesday.
“Tomorrow [Tuesday], we will have the en banc voting, nominal voting on the whole draft of the Constitution,” Generoso told reporters in Pasay City. Every member will rise and explain their vote on the entire draft,” Generoso told reporters in Pasay City.
After the voting, Generoso said, several copies of the 105-page draft will be submitted to Duterte on or before July 9.
Meanwhile, the Concom will proceed with regional presentations and consultations until Aug. 19. The feedback gathered from consultations will be part of the committee’s final report, Generoso said.
Under the draft federal Constitution, the Concom has divided the powers of the government into exclusive powers and shared powers.
Both the federal government and the federated regions will have exclusive powers, but there are powers that they will jointly exercise.
“There are powers that are exclusive to the federal government and there are powers that are exclusive to the regional government within their jurisdiction,” Generoso said.
“The regional governments can only exercise their exclusive powers within their jurisdiction; they cannot go beyond their jurisdiction.”
The powers exclusive to the federal government include defense, security of the land, sea, and air territory; foreign affairs; international trade; customs and tariffs; citizenship, immigration and naturalization; national socio-economic planning; monetary policy and federal fiscal policy, banking, currency; competition and competition regulation bodies; social security benefits; federal crimes and justice system; law and order; civil, family, property, and commercial laws, except as may be otherwise provided for in the Constitution; the prosecution of graft and corruption cases; intellectual property and elections.
On the other hand, the powers exclusive to the regional government within their jurisdiction include socio-economic development planning; creation of sources of revenue; financial administration and management; tourism, investment, and trade development; infrastructure, public utilities and public works; economic zones; land use and housing; justice system; local government units; business permits and licenses; municipal waters; indigenous peoples’ rights and welfare; culture and language development; sports development and parks and recreation.
The shared powers are exercised by both the federal government and the regional governments.
Under the draft Constitution, 18 federated regions are created composed of 16 symmetrical regions”•the existing regions plus Negrosanon Federated Region, which will include the province of Siquijor and two asymmetrical regions namely Bangsamoro and Cordillera.
Generoso said Bangasamoro and Cordillera have different designs from other regions because of their “identity-based demands.”
He said the Concom decided to stick to the 18 regions, noting it was the “least disruptive” for transition since these regions were already established.
“The easiest way to do it now is to go with the existing number of regions so that we will not encounter greater difficulties. Because the government already has an existing administrative structure within these regions,” Generoso said.
Moreover, he said, there was also a “working relationship” established among the provinces so it would not be difficult to put them together in a regional government.
If certain regions had to merge in the future, Generoso said, the federal Constitution also had a provision that empowered the federal Congress to pass a law that would allow the merger of two regions.
However, no decision was made about establishing a federated capital. Generoso noted that a capital was normally established by law.
