Late Wednesday a link to a document started getting passed around on social media. The document was supposed to be the draft of the new Constitution prepared by the Consultative Commission, for submission to the President. The spokesman of that Commission promptly disavowed the document but, as things happen on social media, that only drove more traffic to the document. As it turns out, the disavowed document contains provisions, which are, to say the least, radical departures from the way things are.
To be honest, parsing this document—especially if it turns out to even remotely resemble the original—will be the work of many, many days (incidentally, that is also the best argument I can muster against holding a plebiscite with undue haste). Thus I will, for the moment, content myself with sharing with you, sans commentary, the alleged—but vigorously and officially denied—Commission on Elections (Comelec) provisions of the draft federal constitution.
Article X-C. Federal Commission on Elections
Section 1. There shall be a Federal Comelec composed of a Chairperson and six Commissioners, two from Luzon, two from Visayas and two from Mindanao, one of whom shall represent the Bangsamoro, who shall be natural-born citizens of the Philippines, and at the time of their appointments, at least 35 years of age, holders of a college degree and must not have been candidates for any elective position in the immediately preceding election. One should be a member of the Philippine bar and has been engaged in the practice of law for at least 10 years. The Chairperson and the Commissioners shall be appointed by the President with the confirmation of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years and the last Member for three years, without reappointment.
Section 2. The Federal Commission on Elections shall exercise the following powers and functions:
(a) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall;
(b) Deputize, with the concurrence of the President, law-enforcement agencies and instrumentalities of the government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections;
(c) Register political parties, organizations or coalitions;
(d) File petitions in court for inclusion or exclusion of voters;
(e) Conduct investigations in cases involving election offenses for the purpose of filing criminal complaints before the appropriate prosecution offices;
(f) Recommend to the Federal Congress effective measures to regulate election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices and nuisance candidacies;
(g) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order or decision; and
(h) Submit to the President and the Federal Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum or recall.
Section 3. The Commission may, during the election period:
(a) Supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities;
(b) Supervise or regulate media of communication or information; and
(c) Supervise or regulate all grants, special privileges or concessions granted by the government or any of its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations or their subsidiaries. Such supervision or regulation shall aim to ensure equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful and credible elections.
Section 4. No pardon, amnesty, parole or suspension of sentence for violation of election laws, rules and regulations shall be granted by the President without the favorable recommendation of the Commission.
Section 5. Unless otherwise fixed by the Commission in special cases, the election period shall commence 90 days before the day of the election and shall end 30 days after.
Section 6. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.
Section 7. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda and recalls shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairperson of the Federal Commission on Elections.
Section 8. The appreciation of ballots, counting of votes and the overall conduct of any election, whether it be manual, automated or a combination of both, shall be accessible, verifiable and open to public scrutiny at all stages.
Section 9. Not later than six months before any election, any registered voter or registered political party may file, with the Federal Administrative Court, a petition to determine compliance with all processes, procedures and preparations relative to the conduct of the elections.
Just so it’s clear: This is a draft of as yet unverified provenance and legitimacy. Take it with a healthy dose of skepticism and await the release of the official draft before losing your mind.