KTB INTERVIEW QUESTIONS FOR SENATORIAL CANDIDATES

 

INTERVIEW QUESTIONS FOR SENATORIAL CANDIDATES

 

Introduction:

During the past 35 years after the 1987 Constitution, charter change has been proposed many times under 4 presidents (i.e. Ramos, Estrada, Arroyo, Duterte). However, none of these proposals ever reached the plebiscite stage.

Recently, the Bayanihan Draft Constitution was proposed by a Consultative Committee created under the Duterte Administration. At about the same time, the People’s Draft, a crowd-sourced constitution, was framed and proposed by concerned citizens and people’s organizations, led by Tanggulang Demokrasya and Publicus Asia.

The main topic of the interview is constitutional reform, which many believe is of primary importance. Nonetheless, the guest may raise other concerns, which he/she believes is of equal importance.

 

1.      Regarding economic policy, both the Bayanihan Draft and the People’s Draft seek to promote foreign investments for job creation, price reduction and tax generation. However, their approach to achieve the same objective, differs from each other.

The Bayanihan Draft grants to Congress the power to lift the limitations on foreign investments provided in the Constitution. In other words, liberalization of foreign investments is not self-executory. It will need implementing laws from Congress.

 

On the other hand, the People’s Draft immediately lifts the limitations on foreign investments provided in the Constitution, except for land, small-scale mining and micro-enterprises. In other words, liberalization of foreign investments is immediately executory. Congress is then empowered to liberalize further, or otherwise impose new limitations. A foreign investment council is created to protect national security. Either the President or Congress may impose reciprocity.

 

Question: What do you think about these proposals, and alternative approaches, regarding the liberalization of foreign investments?

2.      Regarding the form of government, the Bayanihan Draft retains the Presidential form with a Bicameral legislature. On the other hand, the People’s Draft shifts to the Parliamentary form with a Unicameral legislature.

 

In the Bayanihan Draft, the President, the Senate, and the House, are separate from, and independent of, each other. The Senators are increased from 24 to 36, elected from the regions, rather than at large nationwide. The Representatives are increased from 304 to 400.

 

In the People’s Draft, the President and the Senate are merged into the House. The 24 Senators become regional Representatives. The district/sectoral/people Representatives are retained at 304. Congress, the merged body, is vested with both legislative powers, and the power to hire-and-fire the President, along with the Cabinet.

 

Question: What do you think about these proposals, and alternative structures, regarding the form of government?

 

 

3.      Regarding the form of government, the Bayanihan Draft and the People’s Draft differ in the manner of election of the President.

 

In the Bayanihan Draft, the present process is retained where the President is elected directly by the people voting at large nationwide. The ballot shows the individual candidates running for President.

 

In the People’s Draft, the President is elected indirectly by the people voting by district, region and sector/people. The ballot shows not only the names of the individual candidates for Congress, but also the names of their respective nominees for President. This is like the election of pledged electors in an electoral college (i.e. US Presidential form of government). The nominee of the party or coalition that wins a majority of the seats in Congress, is then formally elected by Congress as the President.

 

Question: What do you think about these alternative modes of electing the President?

4.      Regarding the form of government, the Bayanihan Draft and the People’s Draft differs in the manner of removal of the President.

In the Bayanihan Draft, the present process is retained where the President may be removed only by impeachment for, and conviction of, high crimes. 1/3 vote of the House is required for impeachment. 2/3 vote of the Senate is required for conviction.

On the other hand, in the People’s Draft, the President may be removed for loss of confidence. This process does not have to be based on high crimes. It can based on simple crimes, or even non-crimes, like failure of performance or questionable conduct. 2/3 vote of Congress is required for removal.

Question: What do you about these alternative modes of removing the President?

 

 

5.      Regarding the system of government, the Bayanihan Draft retains the Unitary system of government. On the other hand, while the People’s Draft also retains the Unitary system of government at the beginning. However, it also provides for a process of transition to the Federal system.

The Bayanihan Draft adopts the top-down approach. 18 autonomous regions are pre-determined, subject to approval by the voters in one national plebiscite. Each autonomous region will have its own set of regional legislators and regional executives. They will be separate and distinct from the elective officials of the local government units.

On the other hand, the People’s Draft adopts the bottom-up approach. The regions are given the option to choose either a regional authority, an autonomous region, or a substate. A regional authority is a national government formed by the integration of the regional offices of selected line departments. An autonomous region is a large local government unit. A substate is a component of a federal state. The formation of either an autonomous region or substate requires the approval of the voters in a regional plebiscite. There will be no separate set of elective officials for the autonomous region or substate. The Mayors and District Representatives in the territory of the autonomous region or substate, will be the ex-officio regional legislators and regional executives.

Question: What do you think about these proposals, and alternative structures, regarding the system of government?

 

6.      Regarding the local government, the Bayanihan Draft impliedly retains the mayor-type LGU, while the People’s Draft shifts to the council-type LGU.

 

In the mayor-type LGU, the mayor is elected separately, and functions independently from the council. This is like the presidential form of government but at the local level.

 

In the council-type LGU, the mayor is elected by the council from among themselves. The council has the power to hire-and-fire the mayor. This is like the parliamentary form of government but at the local level.

 

Furthermore, under the People’s Draft, the voters elect only the city and municipal councilors; the city and municipal councils elect the mayor from among themselves; the city and municipal mayors serve as ex-officio members of the provincial council; the provincial councils elect the governor from among themselves; the city and municipal mayors appoint the members of the barangay council, from nominees of community associations; barangay councils elect the punong barangay from among themselves.

 

Question: What do you think about these alternative structures regarding the form of local government?

 

 

7.      Regarding the local government, the Bayanihan Draft impliedly retains the multi-member local district, while the People’s Draft shifts to the single-member local district.

 

In a multi-member local district, the candidates for Local Councilor run in the same large geographic area and constituency as the candidates for District Representatives.

 

In a single-member local district, the candidates for Local Councilor run in a much smaller geographic area and constituency. The congressional district is divided into such number of local subdistricts as there are local councilor seats allocated for the district.

 

Question: What do you think of these alternative modes electing local councilors?

 

 

8.      Regarding accountability, the Bayanihan Draft protects the tenure of high public officials, namely the members of constitutional commissions and the ombudsman, by requiring impeachment for their removal. On the other hand, People’s Draft removes the requirement of impeachment for these officials.

 

In the Bayanihan Draft, aside from the CSC, Comelec and COA, the CHR, Ombudsman Commission and the Competition Commission, are also constituted as independent constitutional commissions. Accordingly, all their members cannot be removed, except by impeachment.

 

In the People’s Draft, the CSC, Comelec, COA and the Ombudsman, are downgraded to ordinary statutory bodies. Accordingly, all their members may be removed from office, or otherwise disciplined, suspended or terminated, just like any other public official, without need for impeachment.

Question: What do you think about these alternative approaches regarding the tenure of high officials?

 

 

9.      Regarding the historical rights of the Muslim People, the Bayanihan Draft and the People’s Draft differ in approach.

In the Bayanihan Draft, the usual prohibition against the legal recognition of royalty has been deleted. However, the draft is silent about the legal recognition of the Southern Sultanates.

In the People’s Draft, Congress is expressly mandated to provide for the legal recognition of the Southern Sultanates. However, this is without prejudice to the sovereignty of the people, the powers of the government, the establishment of the State, the patrimony of the nation, and the integrity of the national territory.

 

Question: What do you think about these proposals, and alternative approaches, in relation to the historical rights of the Musim People?

 

 

10.  Regarding the traditional rights of the Indigenous People, both the Bayanihan Draft and the People’s Draft uphold these rights, particularly the right to their ancestral lands, found in the present 1987 Constitution. They both impliedly adopt the principles embodied in the Indigenous Peoples Rights Act (IPRA).

 

Question: What do you think about these laws, and their implementation, in relation to the traditional rights of the Indigenous People?

 

 

KILUSAN NG MGA TAGAPAGTANGGOL NG BAYAN (KTB)

Metro Manila, Philippines. 08 February 2022