What are the new transitional provisions of the Advisory Committee

MANILA, Philippines – The Advisory Committee (Con-Com) has released its new article on transitional provisions incorporating the changes requested by the Chair Rodrigo Duterte. The final draft of the federal constitution of the Con-Com, published on Tuesday, July 17, explicitly states that the "outgoing president is prevented from standing in the elections of 2022 under the Constitution".

Duterte's request made at their meeting on July 9 when the committee handed over his dr The president's back charter to Malacañang

Duterte had requested the amendment after media reports of the project showed that this was not the case. It did not preclude seeking the presidency again under a new constitution. He added that an explicit prohibition of transitional provisions would dispel the suspicions of using charter changes to extend his stay in office.

The new provisions also order the holding of elections for the president and the vice-president of the transition six months after the constitution.

The two leaders of the transition must be elected as a "tandem", which means that the vice-president of the presidential candidate who wins automatically wins the position of vice-president of transition

. the office under the new constitution, which means that they must possess university degrees or its equivalent.

The transitional president is responsible for ensuring the "orderly transition to a federal government". The transitional provisions set June 30, 2022 at the end of the term of office of the Transitional Head.

It also states that the president and the vice-president of the transition can not stand in the legislative elections of May 2022.

Changes made to the Transitional Commission

The composition and the powers of the Transitional Commission have also undergone certain changes which, according to some, could become a dangerously powerful organ.

The 10-member commission is now larger with the addition of the transitional president, previous presidents, the Speaker of the House and the Speaker of the Senate as members of the board.

Another major change is the new wording of the 1987 Constitution.

In the final version, all state officials under the current charter "will continue to perform their duties unless they are expelled because of a reorganization in accordance with the provisions transient. "

In the previous version, the counterpart section is that they will continue to perform their duties and exercise their powers "in accordance with the terms and conditions provided for in the transition plan".

Thus, in the new draft, a specific condition is required for government officials to be removed: they can only be removed if the reorganization of the government structure requires it.

However, the phrase "in accordance with the transition" still places discretion on the transition. Commission as they determine the transition plan.

Roan Libarios, a member of Con-Com, had previously expressed apprehension about this power of the Commission to declare vacant all government positions, including those of the judiciary, Congress and constitutional commissions. He wanted a provision that respects the mandate of government officials and staff. He recommended that public servants and government personnel be removed from office only if their position is [traduction] "incompatible with a federal government".

"The only officials who will be affected are those whose positions are incompatible with a federal position;

Read all the transitional provisions newly formulated here:

ARTICLE XXII

TRANSITIONAL PROVISIONS

SECTION 1.

The term of office of the president and vice-president, expiring on June 30 2022 , can not be extended.

SECTION 2.

The outgoing president is forbidden to run in the elections of 2022 under the Constitution.

SECTION 3.

Within six (6) months of the ratification of the Constitution, the President shall call an election for the President and the Vice President of the Tandem Transition. The transition president and vice-president must have the same qualifications and be subject to the same restrictions as those provided for in article VIII of this Constitution. The Congress shall by law provide for the conduct of the election and the appropriate funds for that purpose.

SECTION 4. The transition president will preside over the orderly transition to the federal system of government. He shall exercise all the powers of the President under this Constitution until June 30, 2022.

DIVISION 5.

The President and the Vice-President of the Transition shall not be Eligible for Public Service [1945-9014] to the elections of May 2022.

SECTION 6.

(a) For an orderly transition to the new system of government provided for by in the Constitution, a Transitional Federal Commission, composed of which follows:

1) the President of the Transition as President; [19659026] 2) ten (10) regular members who must be citizens born in the Philippines, at least aged forty (40), with proven competence, probity, integrity and independence, and expertise in the following areas : the economy, law, financial management, governance or development, and who will be appointed by the transition president; and

3) the Vice President of the Transition, the Speaker of the Senate, the Speaker of the House of Representatives and all former presidents living as members of the board.

(b) The Transitional Federal Commission shall meet ten (10) days after the appointment of its members and promulgate its own rules of procedure.

(c) The Federal Transitional Commission has the power to establish its functions, to appoint and to hire its own officials and employees,

(d) The initial budget of the Transitional Federal Commission shall be deducted from the reserve fund of the President's Office and from the savings of the Executive Department. Its budget for subsequent years will be included in the budget of the Office of the President.

(e) The Federal Transitional Commission will complete its mandate and cease to exist by June 30, 2022. The new Speaker will complete the transition process to the federal system

(f) Members of the Transitional Commission shall be ineligible for the public election of May 2022.

SECTION 7.

The Transitional Federal Commission shall have the following powers and duties:

(a) Formulate a transition plan for the transition ordered the new system of government provided for by the Constitution. The transition plan must be published in the Official Gazette, in at least two (2) mass circulation newspapers and on any digital platform chosen by the Transitional Commission;

(b) For the proper execution of the transition plan, promulgate the necessary rules, regulations, ordinances, proclamations and other ordinances, do all acts to implement them and resolve any problems and disputes that might arise derive from it;

c) Organize, reorganize and fully establish the federal government and the governments of the federated regions until 2022, in accordance with the Constitution; and

(d) To exercise all the powers necessary and to ensure a smooth, rapid and successful transition .

SECTION 8.

The transition plan must include the following elements:

(a) The respective transition plans for the various branches of the federal government, the independent constitutional commissions, the federated regions, and Other constituent units;

management and administration plan, including, but not limited to, generation of revenues and resources and their allocation, allocation and expenditures; and

(c) Establishment of mechanisms for popular participation in transition.

SECTION 9.

The Federal Transitional Commission shall ensure the participation of involving civil society, indigenous peoples, non-governmental organizations, and other community organizations in the transition, particularly in the selection and Review of appointments to the new government.

SECTION 10.

The first national, regional and local elections provided for by the Constitution to elect the president, vice-president, regional senators, district representatives, proportional party representatives, Regional and local officials will be the 2nd Monday of May 2022. They will take office at noon on June 30, 2022.

All laws, decrees, decrees, proclamations, rules, regulations, Letters instructions and other executive and judicial texts which are not inconsistent with the Constitution shall remain in force until amended or repealed.

SECTION 12.

Under the 1987 Constitution, all government officials will continue to perform their duties unless revoked due to a reorganization in accordance with the transition plan.

DIVISION 13.

Permanent employees of the Government who are separated from the service as a result of the reorganization of the Government are entitled to a termination indemnity, an early retirement pension or a retirement pension. retirement, or other appropriate benefits provided by existing laws

. at the discretion of the employees, they may be considered for employment in the federal government, the regional government or any of its subdivisions, agencies or institutions, including state-owned companies or controlled by it and their subsidiaries. in accordance with existing public service laws, the corporate charters of these corporations and other relevant laws.

SECTION 14.

Temporary employees in the government service shall enjoy the benefits that may be provided for in the transition plan.

DIVISION 15.

All property, records, equipment, buildings, installations and other property of any office or body abolished or reorganized under the Constitution shall be transferred to the office or to the. organization to which its powers, functions and responsibilities relate in large part. ] – Rappler.com