Editing Another Constitution

'''Section 1.''' The head of state of _____ shall be the President.

'''Section 2.''' (1) The President shall be elected by an electoral college consisting of the members of the Senate and the National Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of _____ or a judge of appeal designated by him.

(2) The election of a President shall be held at a time and place to be fixed by the Speaker of the National Assembly or (in his absence) the Secretary to Parliament and made known by notice in the ''Gazette'' not less than fourteen days before such election.

(3) The date so fixed shall be a date not less than one month and not more than three months before the termination of the period of office of the President then holding office: Provided that if the President dies or for any other reason vacates his office a date within three months after the office became vacant shall be so fixed.

(4) No person may be elected or serve as President unless he-

<br>(a) is at least thirty-five years of age;

<br>(b) is a natural-born citizen of _____;

<br>(c) has resided for ten years within the limits of the Republic;

<br>(d) is in full enjoyment of his political and civil rights.

(5) Any person holding any public office in respect of which he receives any renumeration or allowance out of public funds, who is elected as President, shall vacate such office with effect from the date on which he is elected.

'''Section 3.''' (1) Nominations of candidates for election as President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated, unless he has in writing signified his willingness to accept nomination.

(8) (a) The Speaker of the National Assembly shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.

<br>(b) Any such rules shall be made known in such manner as the Speaker of the National Assembly may consider necessary.

'''Section 4.''' (1) (a) The President shall hold office for a period of six years from the date upon which he takes the oath prescribed in section six, and shall not on termination of his period of office be eligible for re-election.

<br>(b) He shall cease to hold office on a resolution passed by the Senate and by the National Assembly during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

(2) (a) No resolution shall be taken under paragraph (b) of sub-section (1), except after consideration of a report of a joint committee of the Senate and the National Assembly appointed in pursuance of a resolution of the National Assembly which has been concurred in by the Senate.

<br>(b) The National Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the National Assembly a petition signed by not less than one-fifth of the members of the National Assembly and requesting that such a committee be appointed.

<br>(c) In connection with any resolution contemplated in paragraph (b) no debate shall be allowed either in the Senate or in the National Assembly.

(3) The President may resign by lodging his resignation in writing with the Prime Minister.

(4) The President shall not be absent from the Republic except with the prior consent of the Senate.

'''Section 5.''' Whenever the office of President is vacant or the President is for any reason unable to perform the duties of his office, the Chairman of the Senate shall serve as Acting President, and, if the office of Chairman of the Senate is vacant or the holder of that office is unable to act, the Speaker of the National Assembly or, if his office is vacant or he is unable to act, a person appointed by the Government shall serve as Acting President.

'''Section 6.''' The President and any Acting President shall before assuming office make and subscribe an oath of office in the following form before the Chief Justice of _____ or a Judge of the Supreme Court of _____:

"I, A.B., do swear (or affirm) to be faithful to the Republic of _____ and do solemnly and sincerely promise at all times to promote that which will advance it, to oppose all that may harm it, and to dedicate myself to the welfare of its inhabitants, to obey, observe, uphold, and maintain the Constitution and all other laws of the Republic, to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience, to do justice unto all and to devote myself to the well-being of my people. So help me God."

(In case of affirmation, the last sentence will be omitted)

'''Section 7.''' (1) There shall be paid to the President out of and as a charge on the Federal Treasury, in addition to any allowances appropriated from time to time by Parliament, and apart from any privileges which he may enjoy, a salary of seventy-five thousand dollars per annum.

<br>(2) The salary of the President shall not be increased nor diminished during his term of office.

'''Section 8.''' The President shall have only such powers and duties as are conferred or imposed upon him by or under this Constitution.

'''Section 9.''' (1) There shall be a Public Seal of _____, showing the coat of arms with the circumscription "Republic of _____."

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the ''Gazette'' unless, before the expiration of that period, the declaration is approved by a resolution passed by the National Assembly.

<br>(a) is not approved by a resolution passed by the National Assembly in pursuance of the provisions of subsection (2), the President shall forthwith after the National Assembly has considered the resolution and failed to approve it or, if the National Assembly has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the ''Gazette'', revoke such declaration;

<br>(b) is approved by a resolution passed by the National Assembly in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the ''Gazette'':

(5) The National Assembly may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the ''Gazette'', revoke such declaration.

(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.

(7) For the purposes of this section the National Assembly shall be regarded as meeting for the transaction of business during a period:

<br>(a) beginning on the day the National Assembly first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;

<br>(b) ending on the day the National Assembly next adjourns in pursuance of a resolution the purpose of which is that the National Assembly shall stand adjourned for more than thirty days or on the day the National Assembly is dissolved or prorogued, whichever is the sooner.

'''Section 1.''' The executive government of the Republic in regard to any aspect of its domestic or foreign affairs shall be vested in the Government.

'''Section 2.''' (1) The Government shall consist of the Prime Minister, Ministers, and Deputy Ministers appointed under section three for the time being holding office.

(2) The Prime Minister shall determine, and be responsible for, general policy. Within the limits of this general policy, each Minister shall conduct the business of his department autonomously and on his own responsibility.

'''Section 3.''' (1) The President shall, after consulting the National Assembly, appoint the person who, in his opinion, is best able to command the support of a majority of the Assembly, to be the Prime Minister. The Prime Minister shall hold office during the pleasure of the President.

(2) The President, acting on the advice of the Prime Minister-

<br>(a) shall appoint other Ministers of the Government and may assign functions to such Ministers, including the administration of any Act or of any department of government; and

<br>(b) may appoint Deputy Ministers of any specified department of government or of such other description as the President may determine.

(3) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.

(4) A Minister or Deputy Minister appointed under sub-section (2) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.

'''Section 2.''' The President may appoint such times for holding the sessions of Parliament as he thinks fit, and may also from time to time, by proclamation or otherwise, prorogue Parliament, and may in like manner dissolve the National Assembly.

'''Section 3.''' There shall be a session of Parliament once at least in every year, so that twelve months shall not intervene between the last sitting of Parliament in one session and its first sitting in the next session.

'''Section 2.''' (1) The senators shall be chosen for a term of eight years, and the names of the senators chosen for each State shall be certified by the Governor to the President.

'''Section 7.''' (1) The Senate shall, before proceeding to the dispatch of any other business, elect a senator, not being a Minister or a Deputy Minister, to be the Chairman of the Senate, and as often as the office of Chairman becomes vacant the Senate shall again choose a senator to be the Chairman.

(2) The Chairman of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament.

(3) The Chairman of the Senate shall vacate his office if he ceases to be a senator or if he becomes a Minister or a Deputy Minister.

(4) The office of the Chairman of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the Chairman of the Senate shall become vacant.

 

 

'''Section 9.''' Whenever the seat of a senator becomes vacant, whether in consequence of his resignation or otherwise, the Chairman of the Senate, or in his absence the presiding senator, shall notify the legislature of the State in the representation of which the vacancy has happened, and the legislature shall as soon as practicable cause steps to be taken to have the vacancy filled.

'''Section 11.''' All questions in the Senate shall be determined by a majority of votes of senators present other than the Chairman of the Senate or the presiding Senator, who shall, however, have and exercise a casting vote in the case of an equality of votes.

(7) In this section "the competent authority" means the Federal Electoral Commission.

'''Section 6.''' (1) The National Assembly shall, before proceeding to the dispatch of any other business, elect a member, not being a Minister or a Deputy Minister, to be the Speaker of the National Assembly, and as often as the office of Speaker becomes vacant the National Assembly shall again choose a member to be the Speaker.

(2) The Speaker of the National Assembly may at any time resign his office either by announcing his resignation in person to the National Assembly or by notice in writing to the Secretary to Parliament.

(3) The Speaker of the National Assembly shall vacate his office if he ceases to be a member of the National Assembly or if he becomes a Minister or a Deputy Minister.

 

 

(5) Prior to or during the absence of the Speaker of the National Assembly, the National Assembly may choose a member, not being a Minister or a Deputy Minister, to perform his duties in his absence.

'''Section 7.''' (1) There shall be a Secretary to Parliament appointed by the Speaker of the National Assembly after consulting the Chairman of the Senate and subject to the approval of the National Assembly.

(2) A person appointed as the Secretary to Parliament shall not be removable from office except in pursuance of a resolution by the National Assembly.

(3) The salary of the Secretary to Parliament shall not be reduced during his continuance in office.

(4) Subject to any wishes which may be expressed from time to time by the National Assembly, the Speaker shall, after consulting the Chairman of the Senate, appoint such number of other staff of Parliament as the Speaker may from time to time consider necessary.

 

 

 

 

'''Section 11.''' No senator or member of the National Assembly shall directly or indirectly be financially interested in any contract with the government or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by Parliament during his term of office. He shall not appear as counsel before court in any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings; or accept employment to intervene in any cause or matter where he may be called upon to act on account of his office.

 

'''Section 12.''' (1) The Senate or the National Assembly may make rules and orders with respect to the order and conduct of its business and proceedings.

'''Section 1.''' (1) Parliament shall have power to make laws with respect to-

<br>(i) trade and commerce with foreign nations;

<br>(ii) taxation; but so as not to discriminate between States or parts of States;

<br>(iv) bankruptcy and insolvency;

<br>(v) currency, coinage, and legal tender;

<br>(xii) the naval and military defense of the Republic, and the control of the forces to execute and maintain the laws of the Republic;

<br>(xiv) the acquisition of property on just terms from any State or person for any purpose in respect of which Parliament has power to make laws;

<br>(xv) the service and execution throughout the Republic of the civil and criminal process and the judgments of the courts of the States; and

<br>(xvi) the recognition throughout the Republic of the laws, the public Acts and records, and the judicial proceedings of the States.

 

<br>(i) the seat of government of the Republic, and all places acquired by the Republic for public purposes;

<br>(ii) matters relating to any department of the public service the control of which is by this Constitution transferred to the executive government of the Republic;

<br>(iii) other matters declared by this Constitution to be within the exclusive power of Parliament.

 

 

 

 

 

 

 

'''Section 4.''' (1) Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

 

(2) Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

 

 

'''Section 6.''' (1) If the National Assembly passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the National Assembly will not agree, and if after an interval of three months the National Assembly, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the National Assembly will not

 

 

 

 

 

 

 

 

 

(2) Notwithstanding the provisions of subsection (1), a law of Parliament may provide that a revised edition of the laws in force on any specified day shall be compiled and published and that, upon publication, the laws therein printed shall in all courts of justice and for all purposes whatever be the sole and authentic version of such laws and be conclusive evidence thereof, and the President shall cause a duly authenticated copy of such revised edition of the laws to be deposited in the Office of the Registrar of the Supreme Court.

 

 

 

 

 

 

 

 

==<center>Chapter <br>The Judiciary</center>==

'''Section 1.''' (1) The judicial authority of the Republic shall be vested in the Supreme Court of _____.

 

(2) The Supreme Court shall be independent of the executive and the legislature. Each judge shall, in the exercise of his duties and functions, be subject only to the Constitution.

 

'''Section 2.''' The Supreme Court shall enjoy fiscal autonomy. Appropriations for the Supreme Court may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

 

<br>(a) three judges appointed by the National Assembly, but from the members thereof;

<br>(b) three judges appointed by the Senate, but from the members thereof; and

 

'''Section 4.''' No person shall be qualified to be a member of the Supreme Court unless he-

<br>(a) is at least thirty-five years of age;

<br>(b) has been for fifteen years or more, a judge of a lower court or engaged in the practice of law in _____;

<br>(d) is a natural-born citizen of the Republic in full enjoyment of his political and civil rights.

 

'''Section 5.''' Every judge of the Supreme Court shall, before entering upon the duties of his office, make and subscribe before the President, or some person authorized by him, an oath in the following form:

 

"I, A.B., do hereby swear (or affirm) to be faithful to the Republic of _____, to hold my office with honor and dignity, to respect and uphold the Constitution and all other laws of the Republic, to consecrate myself to the service of the nation, and to perform the duties of my office conscientiously and to the best of my ability. So help me God."

 

 

 

<br>(a) the Speaker of the National Assembly, if he was appointed by the latter body; or

<br>(b) the Chairman of the Senate, if he was appointed by the latter body; or

 

(3) Nothing done by a judge of the Supreme Court shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office.

 

(4) Whenever the seat of a member becomes vacant, from any cause whatever, the vacancy shall be filled within ninety days. The judge appointed to fill the vacancy shall be appointed by whomever appointed the previous occupant of the vacant seat.

 

 

'''Section 8.''' Each member of the Supreme Court shall hold office for a period of fifteen years from the date upon which he takes the oath prescribed in section six, and shall not on termination of his period of office be eligible for re-appointment.

 

<br>(c) treaties made, or which shall be made, by the Republic;

<br>(d) all cases affecting ambassadors, other public ministers and consuls;

<br>(f) controversies to which the Republic shall be a party;

<br>(h) controversies between a State and citizens of another State, where the State is plaintiff;

<br>(j) controversies between a State or the citizens thereof, and foreign states, citizens, or subjects.

 

 

(3) In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as Parliament shall make.

 

 

 

 

 

but only for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehavior and shall not be so removed unless the question of the removal of that judge from office has been referred to an independent tribunal and that tribunal has recommended that the judge be removed from office for inability as aforesaid or misbehavior.

 

 

(3) (a) A tribunal appointed in terms of subsection (1) shall inquire into the matter and and report on the facts thereof to the National Assembly or the Senate or the President, whichever the case may be, and recommend to the relevant authority whether or not the judge concerned should be removed from office.

<br>(b) For the purpose of this subsection, "the relevant authority" means whomever appointed the judge being investigated by the tribunal.

 

 

 

 

 

'''Section 15.''' The Supreme Court shall, within thirty days from the opening of each session of Parliament, submit to the President and Parliament an annual report on the operations and activities of the Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

 

        The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

 

 

        A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

 

        The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

l, m and p, 134b, d and f) and 135a, b and c shall require counter-signature by the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

'''Section 1.''' (1) The executive government of the Republic in regard to any aspect of its domestic or foreign affairs is vested in the President, acting on the advice of the Executive Council.

 

 

 

 

 

 

 

 

<br>(a) acting in his discretion in the manner prescribed in provisio (ii) to subsection (1) of section fifty-seven shall appoint a Prime Minister;

<br>(b) acting on the advice of the Prime Minister-

<br>(i) shall appoint other Ministers of the Government and may assign functions to such Ministers, including the administration of any Act or of any department of government; and

 

(2) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions, and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.

 

 

 

 

(7) Any person appointed under this section shall, before entering upon his office, take before the President or some person authorized by the President in that behalf oaths of loyalty and for the due execution of his office in the forms set out in the First Schedule.