페이지 이미지
PDF
ePub

RULES OF THE CONSTITUTIONAL COMMISSION OF 1986

SECTION 1. Election of Officers.

RULE I

OFFICERS

The Constitutional Commission shall elect from among themselves by a majority vote of all the Members, a President, Vice-President, Floor Leader and two Assistant Floor Leaders. It shall also elect by a majority vote of all its Members a Secretary-General and a Sergeant-at-Arms.

SEC. 2. Powers of the President. The President of the Constitutional Commission shall have the following powers and duties:

(a) To preside over the sessions of the Constitutional Commission; and, at his discretion, to designate a Member to perform the duties of the Chair, but such designation shall not exceed one day each time without the consent of the Commission;

(b) To preserve order and decorum during the sessions, and in case of disturbance or disorderly conduct in the session hall, in the lobby, galleries, corridors or rooms or within the premises, take such measures as he may deem proper or as the Commission may direct;

(c) To decide all questions of order subject to appeal by any Member of the Commission;

(d) To sign all resolutions, memorials, writs, warrants, subpoenas, and other documents issued by or upon order of the Commission;

(e) To coordinate and expedite the work of the Commission;

(f) To appoint the personnel of the Constitutional Commission including the staff of each Member upon recommendation by the Member; request the detail of employees from other government agencies; and upon recommendation of the Secretary-General suspend, dismiss or otherwise discipline an employee upon proper notice and hearing;

(g) To disburse funds of the Commission.

SEC. 3. Powers of the Vice-President. The Vice-President of the Commission shall have the following powers and duties:

(a) To assume the powers and duties of the President when the latter is absent or incapacitated. In the event of the resignation, removal, death, or permanent incapacity or disability of the President, the Vice-President shall act as President until a new President is elected by the Commission;

(b) To assist the Fresident in the performance of his duties and functions, particularly in coordinating and expediting the work of the Commission; and

(c) To perform such other functions as may be assigned to him by the President or the Constitutional Commis

SEC. 4. Floor Leaders. The Floor Leader, with his Assistant Floor Leaders, shall implement the agenda prepared by the Steering Committee for the sessions of the Constitutional Commission, guide the proceedings and deliberations during the sessions of the Commission so that they may be conducted with order, dignity and decorum, and decide the order of speakers to insure exhaustive discussion of all matters and proposals requiring consideration of the Constitutional Commission. They shall further perform such other functions and duties as are performed by the same or similar officials under accepted parliamentary practices or as the Commission may direct.

SEC. 5. Powers and duties of the Secretary-General. - The Secretary-General shall have the following powers and duties:

(a) To receive all constitutional proposals, resolutions, memorials and other communications to

the Constitutional Commission;

(b) Under the direction of the Steering Committee, to prepare the Order of Business and the Calendar of the Constitutional Commission;

(c) To prepare and keep the Journal of each session, which shall comprise a clear and succinct account of the business transacted and action taken by the Constitutional Commission;

(d) To call the roll of Members of the Constitutional Commission and read the constitutional proposals, resolutions, memorials, petitions and other documents which should be reported by him to the Constitutional Commission or the reading of which is required by the President or the Commission;

(e) To refer to the proper committees all constitutional proposals, resolutions and other documents as may be directed by the President or the Constitutional Commission;

(f) To attest and affix the seal of the Constitutional Commission to all writs, warrants, and subpoenas issued by the Commission, and certify to the approval of all resolutions adopted by the Commission;

(g) To perform such other functions and duties as may be assigned to him by the President or the Commission.

SEC. 6. Powers and duties of the Sergeant-at-Arms. following powers and duties:

[ocr errors]

The Sergeant-at-Arms shall have the

(a) To attend the sessions of the Constitutional Commission and the meetings and public hearings of its committees;

(b) To maintain order under the direction of the President or the Commission or its committees, and, in the discharge of such duty, exercise supervision and control over all security guards of the commission, as well as law enforcement agents assisting the Commission;

(c) To execute all orders of the Commission and its Committees and serve all processes issued under their authority;

(d) To insure that unauthorized persons are not permitted or allowed to enter or stay within the space reserved for the exclusive use of Members of the Commission and of its officers and employees on duty during any session or committee meeting or public hearing;

(e) To be responsible for the behavior of employees under his immediate supervision and the faithful performance of their functions and duties;

(f) To strictly enforce the regulations relating to privileges and the admission to the session hall or its corridors.

(g) To perform such other functions as may be directed by the President or the Commission. SEC. 7. The Mace. The Sergeant-at-Arms shall have custody of the Mace which is the symbol of the authority of the Constitutional Commission. The Mace shall be displayed at the President's rostrum when the Commission is in session. The Mace shall serve as the warrant for the Sergeant-atArms in enforcing order in the Commission.

RULE II

COMMITTEES

SEC. 8. Committees. The Constitutional Commission shall elect the following committees on the basis of proportional representation of the Members according to regions and sectors they represent, the number of Members and the general jurisdiction of which shall be as hereinafter stated:

(1) Committee on Preamble, National Territory, and Declaration of Principles, 11 Members – all proposals relating to the preamble, the national territory, and declaration of principles, including

a clear definition of the Philippine baselines, adherence to the Law of the Sea and other international laws;

(2) Committee on Citizenship, Bill of Rights, Political Rights and Obligations and Human Rights, 15 Members - all proposals relating to citizenship, bill of rights, rights and obligations of citizens, suffrage, and human rights;

(3) Committee on the Legislative, 15 Members - all proposals relating to the structure, organization, powers, functions, duties, privileges and limitations of a legislative body;

(4) Committee on the Executive, 15 Members - all matters pertaining to the executive, the nature of the position, the powers, functions, duties, privileges and limitations of such position, the persons vested with executive powers;

(5) Committee on the Judiciary, 15 Members all proposals relating to the judiciary, its powers, functions, duties, privileges and limitations, the organization of the judicial system, jurisdiction of courts;

(6) Committee on Constitutional Commissions and Agencies, 13 Members relating to constitutional commissions specifically on audits, elections and the civil service;

all proposals

(7) Committee on Local Governments, 11 Members- all proposals relating to local governments; (8) Committee on Accountability of Public Officers, 11 Members - all proposals relating to accountability of public officers, impeachment, and special courts to have jurisdiction over graft and corruption cases involving public officers;

(9) Committee on the National Economy and Patrimony, 15 Members - all proposals relating to the national economy, the preservation, utilization and exploitation of natural resources, the conservation of the patrimony of the nation, regulation of public utilities, limitations on monopolies and regulation of private corporations;

(10) Committee on Human Resources, 11 Members - all matters relating to the educational system, the development of the national language, the development of science and technology, support of arts and letters, conservation and development of national culture for national consciousness and sense of identity, protection of works of arts, right to inventions, writings and artistic creations, scholarships, grants-in-aid and other incentives for specially gifted citizens, promotion of customs, traditions, beliefs of the various cultural communities;

(11) Committee on General Provisions, 11 Members - all other proposals of fundamental nature which could not be included in other articles of the Constitution, which shall include the Philippine Flag, duties and responsibilities of public officials, the armed forces and the separation of the church and the state;

(12) Committee on Amendments and Transitory Provisions, 11 Members - all proposals relating to the manner the Constitution can be amended and the transition of the present government to the government under the Constitution;

(13) Steering Committee, 11 Members including as Ex-Officio Members the Floor Leader and the two Assistant Floor Leaders - it shall monitor and coordinate the activities of the committees of the Commission; ensure that the report of such committees for deliberation in plenary session are submitted in accordance with these Rules; prepare the agenda or Calendar of Business for the plenary sessions of the Constitutional Commission; and, subject to appeal to the Commission, decide on all matters relating to the Rules of the Commission;

(14) Committee on Privileges, 7 Members - all matters relating to the conduct, rights, privileges, safety, dignity, integrity and reputation of the Constitutional Commission and its Members;

(15) Committee on Social Justice, 17 Members - all matters relating to labor, land reform, rural and community development, health and other social services;

(16) Committee on Style, 15 Members – all matters relating to the correction of the phraseology and form, and the consistency, and accuracy of proposals, but the comitttee shall have no authority

to change the sense, substance or purpose of any proposal referred to it;

(17) Committee on Sponsorship, 15 Members - all matters pertaining to the formulation and final draft of the Constitution, the correction, harmonization of proposals for the purpose of avoiding inaccuracies, repetitions, and inconsistencies, and the arrangement of proposals in a logical order, but the committee shall have no authority to change the sense, substance or purpose of any proposal referred to it, and the sponsorship of the final draft of the Constitution.

Whenever a proposal covers subject matters falling within the jurisdiction of more than one committee, said proposal shall be referred to the committee within whose jurisdiction the principal subject matter falls. The committee which acquired original jurisdiction over any proposal shall be mainly responsible to submit a report to the Commission incorporating therein the appropriate recommendations of the other committee which has jurisdiction over the same proposal.

For purposes of conducting its business, five members of a committee with a membership of more than ten shall constitute a quorum, and three members of a committee with membership of less than ten shall constitute a quorum: Provided, however, that for purposes of approving a resolution or its report the affirmative vote of a majority of all its members is required.

SEC. 9. Time table. The committees provided for under this Rule II shall be organized and made ready to function not later than June 9, 1986; they shall finish their hearings and submit their respective committee reports on the resolutions or constitutional proposals referred to them for study and report not later than July 7, 1986; the Second and Third Readings on said committee reports shall be finished not later than August 15, 1986; and the Sponsorship Committee and Committee on Style shall finish their work of formulating and polishing the style of the final draft of the new Constitution to be submitted to the entire membership of the Commission not later than August 25, 1986.

SEC. 10. Working Draft. To facilitate and expedite the work of the Commission and its committees, the 1935 Constitution, as amended, the original version of the 1973 Constitution and the Malolos Constitution may be referred to as working drafts for considering the constitutional proposals filed with the Commission.

RULE III

SESSIONS

SEC. 11. Commencement of daily sessions. Unless the Constitutional Commission decides otherwise, the daily sessions shall commence at three o'clock in the afternoon except on Fridays when the session shall commence at nine o'clock in the morning. The Commission may hold sessions on Saturdays and Sundays if it so decides.

SEC. 12. Quorum. A majority of all the Members of the Commission shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent Members. Members who subsequently appear shall so inform the Secretary-General who shall have the presence of the Members recorded. If lack of a quorum subsists or there is no prospect of constituting a quorum, the President shall so declare and adjourn the session.

SEC. 13. Call to order. - The President shall open the session by calling the Constitutional Commission to order.

At every session, the National Anthem shall be sung, followed by a one-minute silent prayer or meditation, or by an invocation delivered by any Member designated by the President.

SEC. 14. Attendance at sessions. — Every Member shall be present in all sessions of the Constitutional Commission, unless expressly excluded by it or necessarily prevented from doing so by sickness

or other unavoidable circumstances duly reported to the Constitutional Commission, through the Secretary-General.

SEC. 15. Sessions open to the public. The sessions shall be open to the public except when petitions or motions affecting the dignity of the Constitutional Commission or a Member are being considered, in which event, the Commission may hold an executive session. On a motion to hold an executive session, the President shall direct the galleries and hallways to be cleared and doors closed. Only the Secretary-General, the Sergeant-at-Arms and such other persons as are specifically authorized by the Commission shall be admitted in executive sessions. They shall preserve the secrecy of whatever may be read or said at the session.

SEC. 16. Request for recognition to speak.

Any Member who desires to speak may rise and ask recognition by the President. He shall not proceed until so recognized.

[blocks in formation]

(b) Reading and approval of the Journal of the previous session;

(c) First Reading and referral to committees of proposed resolutions, messages, petitions, memorials and communications;

(d) Committee Reports;

(e) Unfinished Business;

(f) Business for the Day;

(g) Business for a Certain Date;

(h) Unassigned Business;

(i) Resolutions for Third Reading.

RULE V

CALENDAR

SEC. 18. The Calendar of the Commission shall consist of the following parts:

(a) Unfinished Business - Business being considered by the Commission at the time of adjournment of its preceding session. Its consideration shall be resumed until such Unfinished Business is disposed of. Thereafter, the President shall call for the Business for the Day.

(b) Business for the Day -Resolutions and other matters set on the Calendar for consideration on that day and arranged in the order appearing in the special order adopted upon petition of the Steering Committee.

(c) Business for a Certain Date - Business set for consideration on a certain date. It shall be considered on the date set and on subsequent days in chronological order until disposed of, unless the continuation of the consideration of any business therein included is set for another day.

(d) Matters for Third Reading or final action - Resolutions and the draft of the Constitution to be submitted to the Constitutional Commission for its final vote by yeas and nays, after mimeographed copies thereof in final form have been distributed at least one day but not more than three days prior to their approval.

SEC. 19. Distribution of Calendar. - The Calendar shall be distributed to the Members each day

« 이전계속 »