Model constitutional conventions, Philippine-style
Constitutional conventions are one of the two modes to revise the 1987 Constitution. (The other being through Congress, acting as a constituent assembly.) [Art. XVI, Sec. 1, Const.] [Popular initiative, often mistaken as the third mode, is limited only to amendments.]
There is no law at present specifying the composition and manner of election of convention delegates. Instead, we look back into history, particularly the two most recent convocations: the 1971 Constitutional Convention and the 1986 Constitutional Commission.
First, the 1971 delegates were elected per provincial district then represented in the 7th Congress’s House of Representatives. Meanwhile, local representation in ’86 consisted of representatives apportioned among the 13 existing regions at that time. Second, besides national and regional representation, Mrs. Aquino further appointed sectoral representatives chosen “from farmers, fishermen, workers, students, professionals, business, military, academic, ethnic, and other similar groups” [Sec. 2, Proc. № 9, s. 1986 (1986).]
A model constitutional convention may take wisdom from these past experiences, by including both district and sectoral representation. Therefore, a delegate can either be (a) assigned a district based on the apportionment in the current House of Representatives or (b) admitted as a sectoral representative, following an endorsement from qualified persons, organizations, and alliances of, or after showing sufficient proof that the delegate belongs to, the sector to be represented.
Model convention officers include the President, the Floor Leader and assistant leaders, the Secretary General, and the Sergeant-at-arms. Officers are selected from among the committee leaderships.
Committees
Delegates are further assigned into the following committees, which are in turn based on the committees of the 1986 commission: Executive; Local Governments; Preamble, National Territory, and Declaration of Principles; Citizenship, Bill of Rights, Political Rights and Obligations, and Human Rights; National Economy and Patrimony; and, Social Justice.
The chair, vice chair, and secretary of these committees are chosen by invitation.
Procedure
Proposed constitutional revisions take the form of resolutions. Delegates submit proposed resolutions upon application. Each proposal must (a) consist of one subject, (b) include an amendment or revision the current 1987 Constitution or its provisions, and (c) fall within the jurisdiction of the above-mentioned committees. Successful delegate applications are selected primarily on the basis of their proposals.
Like bills in Congress, proposed resolutions pass three stages: Reference of Business; Periods of Sponsorship and Debate, and Amendments; and, Final approval. This excludes the committee stage, which occurs in between the first and second stages.
Committees consider each proposed resolution clause by clause and submits a report on the floor of the Convention afterwards. [Otherwise, that is if a proposal is acted unfavorably in the committee, it is deemed to have been laid on the table, unless (a) notice has been given of a motion to discharge the proposal from the committee, supported by at least one-fourths of the total delegation, and (b) the Convention carries the motion; in which case the proposal is added to the calendar of business without the need of a committee report. Such notice must be given in writing to the Secretary General within six hours from the original action of the committee, while debate on the motion is limited to two 5-minute speeches, one from either side.]
Between two to three proposals (depending on length) are referred to each committee.
