Article X – Local Government

SUBJECT FOR SUBCOMMITTEE APPROVAL

SUBCOMMITTEE ON CREATION AND STRUCTURE OF FEDERATED REGIONS
Article X – Local Government
1987 Philippine Constitution Provision*
General Provisions
SECTION 1. The territorial and political subdivisions of
the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter
provided.
Proposed Provisions
ARTICLE ___
FEDERATED REGIONS AND THE AUTONOMOUS
FEDERATED REGIONS OF BANGSAMORO AND THE
CORDILLERAS
NOTE: THE PROPOSAL IS INTENDED TO
SUPERSEDE ARTICLE X -
LOCAL GOVERNMENT. PROPOSED PROVISIONS
ARE NOT
NECESSARILY RELATED TO OLD SECTIONS OF THE
ARTICLE
SECTION 1: The Federal Republic shall consist of
____Federated Regions as shall be set forth [in the
Ordinance appended to this Constitution] [by law];
Congress may, by law, increase or decrease the
number of Regions and determine their constituent
political subdivisions, provided that: the people ratify
the law in a referendum held for the purpose in the
political subdivisions affected
Article X – Local Government
1987 Philippine Constitution Provision* Proposed Provisions
SECTION 2: In respect to those powers that this
Constitution entrusts to the
SECTION 2. The territorial and political subdivisions
Federated Regions, the latter shall enjoy self-
shall enjoy local
governance that shall neither be
autonomy.
impaired nor limited, except as may be provided for by
the Constitution.
SECTION 3. The Congress shall enact a local
government code which shall
provide for a more responsive and accountable local SECTION 3: All Federated Regions are integral to the
government structure Republic of the Philippines.
instituted through a system of decentralization with It shall be an actionable wrong for anyone to advocate,
effective mechanisms of demand for or support the
recall, initiative, and referendum, allocate among the secession of any Federated Region or part thereof from
different local government the Republic.
units their powers, responsibilities, and resources, and
provide for the
Article X – Local Government
1987 Philippine Constitution Provision* Proposed Provisions
SECTION 4. The President of the Philippines shall
exercise general
supervision over local governments. Provinces with SECTION 4: The Federated Regions shall enjoy the
respect to component cities powers of eminent domain
and municipalities, and cities and municipalities with and taxation, as well as police powers consistent with
respect to component the provisions of the
barangays shall ensure that the acts of their component Constitution.
units are within the
scope of their prescribed powers and functions.
SECTION 5. Each local government unit shall have the
power to create its own
sources of revenues and to levy taxes, fees, and SECTION 5: The government of the Federated Region
charges subject to such shall consist of the
guidelines and limitations as the Congress may provide, Regional Executive, the Regional Legislative Assembly
consistent with the and the Regional
basic policy of local autonomy. Such taxes, fees, and Judiciary.
charges shall accrue
exclusively to the local governments.
Article X – Local Government
1987 Philippine Constitution Provision* Proposed Provisions
SECTION 6: Federated Regions shall have exclusive
jurisdiction over the
following affairs:
1. Regional Land Use and Planning
2. Energy Generated by Renewable Sources within the
SECTION 6. Local government units shall have a just Region
share, as determined by 3. Tourism
law, in the national taxes which shall be automatically 4. Regional Health and Sanitation
released to them. 5. Intra-Regional Trade and Commerce
6. Land Transportation and Franchising within the
Region
7. Regional Housing
8. Disaster Management
9. Social Welfare and Development
Article X – Local Government
1987 Philippine Constitution Provision*
SECTION 7. Local governments shall be entitled to an
equitable share in the
proceeds of the utilization and development of the
national wealth within their
respective areas, in the manner provided by law,
including sharing the same
with the inhabitants by way of direct benefits.
SECTION 8. The term of office of elective local officials,
except barangay
officials, which shall be determined by law, shall be
three years and no such
official shall serve for more than three consecutive
terms. Voluntary
renunciation of the office for any length of time shall not
be considered as an
interruption in the continuity of his service for the full
term for which he was
elected.
Proposed Provisions
SECTION 7: On all other subjects, Congress of the
Philippines shall legislate
without prejudice to Federated State Legislation, except
in respect of those
powers falling under the exclusive competence of
Congress.
When Congress of the Philippines has legislated on the
subject, provided that the
subject of such legislation is not within the exclusive
jurisdiction of the Federated
Regions, the latter may no longer enact legislation on
the same subject.
SECTION 8: When the Federal Congress commits to
the Federated Regions the
power of implementation or execution, it is for the latter
to pass the implementing
rules and regulations and to determine the manner and
mode of implementing
federal legislation, provided that nothing in Federated
Regional legislation shall
be in contravention of federal law.
Article X – Local Government
1987 Philippine Constitution Provision*
SECTION 9. Legislative bodies of local governments
shall have sectoral
representation as may be prescribed by law.
SECTION 10. No province, city, municipality, or
barangay may be created,
divided, merged, abolished, or its boundary
substantially altered, except in
accordance with the criteria established in the Local
Government Code and
subject to approval by a majority of the votes cast in a
plebiscite in the political
units directly affected.
Proposed Provisions
SECTION 9: In case of any conflict between Federal
Law and Regional Law, with
respect to shared powers, Federal Law shall prevail.
Section 10: TENTATIVE PROVISIONS: (1) The federated regions
and local
governments shall have a just share, as determined by federal law,
in the national federal taxes and revenues which shall be
automatically released to them provided that said share will not be
less than 40 percent of all national taxes and
revenues.
(2) In addition, taxes collected by the Federated regions in
accordance with their powers shall accrue to them. within the
territorial jurisdiction of each federated region shall be retained by
and shall accrue exclusively to the federated regional
government
(3) The Federal Inter-Governmental Commission (FIGC) shall
institute a fair and equitable system of sharing and equalization
between the regions, provided that the share of regional
governments shall be adjusted in accordance with the needs
and capacity of a region.
Article X – Local Government
1987 Philippine Constitution Provision* Proposed Provisions
SECTION 11. The Congress may, by law, create
special metropolitan political
A. The Federated Regional Legislature
subdivisions, subject to a plebiscite as set forth in
SECTION 11: Except for the Federated Region of
Section 10 hereof. The
Muslim Mindanao and the
component cities and municipalities shall retain their
Federated Region of the Cordilleras, the Legislature of
basic autonomy and shall
each Federated Region
be entitled to their own local executives and legislative
shall be known as the Regional Assembly on which the
assemblies. The
legislative power of the
jurisdiction of the metropolitan authority that will hereby
Federated Region is vested.
be created shall be
limited to basic services requiring coordination.
SECTION 12: FOR FURTHER DISCUSSION: The
Regional Assembly shall be composed of three (3)
SECTION 12. Cities that are highly urbanized, as
Deputies, elected by each Sanggunian Panlalawigan of
determined by law, and component cities whose
the provinces within the Federated Region. Highly
charters prohibit their voters from voting for provincial
urbanized cities shall likewise be entitled to three (3)
elective officials, shall be independent of the province.
Deputies elected by their Sanggunian Panlungsod. It
The voters of component cities within a province,
shall promulgate its own rules and procedures.
whose charters contain no such prohibition, shall not
The Federated Regional Deputy Chief Executive shall
be deprived of their right to vote for elective provincial
be the presiding officer of the Regional Assembly and
officials.
shall perform such other functions as may be
assigned to him by Regional Law.
Article X – Local Government
1987 Philippine Constitution Provision*
SECTION 13. Local government units may group
themselves, consolidate or
coordinate their efforts, services, and resources for
purposes commonly
beneficial to them in accordance with law.
SECTION 14. The President shall provide for regional
development councils or other similar bodies composed
of local government officials, regional heads of
departments and other government offices, and
representatives from non governmental organizations
within the regions for purposes of administrative
decentralization to strengthen the autonomy of the units
therein and to accelerate the economic and social
growth and development of the units in the
region.
Proposed Provisions
SECTION 13: No bill shall become Regional Law
unless it is passed in accordance with the rules of
procedure laid down by the Regional Assembly. In
all cases, after its passage by the Assembly, the bill
shall be submitted to the Regional Governor for his
signature. If the Regional Governor chooses to veto
the bill, he returns it to the Assembly stating the
reasons for the veto. The Regional Legislature may
override the Governor’s veto by a vote of two-thirds
(2/3) of the entire assembly. When the Regional
Governor fails to act on a bill within a period of fifteen
(15) calendar days, the bill shall be considered in effect
as law after the fifteenth day.
B. The Federated Regional Executive
SECTION 14: The Regional Governor shall be the
Chief Executive of the Federated Region.
There shall also be a __________ who shall assume
the duties and functions of the Regional Governor in the
event of death or permanent disability under the very
same conditions that the Vice-President of the Republic
succeeds the President under this Constitution. The
_________ shall preside the Regional Assembly.
Article X – Local Government
Proposed Provisions
SECTION 15: The Regional Governor and the Regional Vice-Governor shall be
elected by direct suffrage of all the qualified voters within the Federated Region.
The Regional Governor shall have a term of four (4) years, subject to only one reelection.
The Regional Governor and the Vice-Governor shall be elected as a team.

To be qualified for the office of Regional Governor or Vice-Governor, the

candidate must be a Filipino citizen, at least 35 years of age on the date of the
election, a holder of a college degree or its equivalent and domiciled within the
Region for at least two (2) years prior to the election.
SECTION 16: It shall be the duty of the Regional Governor:
1. To execute and enforce all federal laws within the region in a manner
consistent with the powers of federal offices, agencies and
instrumentalities of government;
2. To execute and enforce all regional laws within the region; and
3. To issue such orders as may be necessary to maintain peace and good
order within the Region, consistent with the provisions of the
Constitution.
Section 17: The Regional Governor shall have the power to declare a state of
emergency when the occurrence of calamities or the deterioration of law and order
and public welfare shall require such a declaration.
Article X – Local Government
Proposed Provisions
SECTION 18: FOR FURTHER REVIEW. The Regional Governor shall exercise
the power to pardon or to commute sentences as well as to remit fines and
forfeitures for crimes committed against regional laws.
SECTION 19: The Regional Governor shall constitute a regional Cabinet for
matters within the competence of the Region, either for legislation or for
enforcement and administration.
SECTION 19: The Regional Governor shall constitute a regional Cabinet for
matters within the competence of the Region, either for legislation or for
enforcement and administration.
Article X – Local Government
Proposed Provisions
C. The Regional Judiciary
[This should be taken up by the Sub-Committee on the Judiciary.]
D. The Autonomous Federated Regions of Bangsamoro and the Cordilleras
SECTION XXX: The peoples of Bangsamoro and of the Cordilleras shall, through the regional assemblies
provided for in Sections 12 to 15 of this Article, draft the charters of their Autonomous Federated Regions.
The Charters must be consistent with the Constitution and must be ratified by a majority of the votes cast in
all provinces constituting the autonomous federated regions.
SECTION XXX: The Charters shall provide for the structure and the operations of the government of the
Bangsamoro and the Cordilleras. Until shall such charters shall take effect, all the provisions above for
federated regions shall apply to the Autonomous Federated Regions of Bangsamoro and the Cordilleras.
SECTION XXX: The Autonomous Federated Regions of Bangsamoro and the
Cordilleras shall have exclusive competence to legislate on:
a. Persons and Family Relations
b. Wills and Succession
c. Torts and Damages
d. Property.
They shall likewise have competence to define and punish crimes not so defined and punished by federal
law provided that no cruel and inhuman punishment shall be inflicted.
Article X – Local Government
Proposed Provisions
SECTION XXX: The Charters of the Autonomous Federated Regions shall
recognize traditional institutions and concede to them such powers as the
Regional Assemblies may deem proper and necessary