ARTICLE XI

THE STATE EXECUTIVE DEPARTMENT

I.

New Section. The State Governor

In the 1987 Constitution, Article XI discusses about the accountability of public officers.
However, in this proposed constitution, it discusses about the State Executive Department.
In the 1987 Constitution, there is no article or provision pertaining to the state executive
department. The state executive power is vested on the State Governor.
II.

States the Qualifications of a State Governor

Somehow similar with the qualifications needed for Philippine Elective Office in the 1987
Constitution. However, in the federal system, it has additional requirements: a) A graduate of
public/private high school and b) Minimum residence is 5 years immediately prior to the
election.
III.
IV.
V.

VI.
VII.

VIII.

IX.

Office of the State Governor will be at the capital of the State

There shall be a State Vice-Governor who shall have the same qualifications as the
Stat Governor
The State Governor and Vice-Governor shall be elected by the qualified voters of the
provinces, cities, municipalities and barangays located in the State. Article VII of the
1987 Constitution apply.
The State Governor and Vice-Governor shall serve for no more than 3 consecutive
terms of four years
Canvass of Election Returns for State Governor and State Vice-Governor
The returns of first elections of the State Governors, Vice-Governors and
members of the State Legislature shall be transmitted to the divisions of the
Federal Commission on Elections concerned
Upon receipt of the canvasses, the head of the State Legislature shall, not later
than 15 days after the elections, open all the certificates in the presence of the
members of the State Legislature assembled in public session.
State Legislature shall start to canvass the votes subject to scrutiny & objection
of their members
The State Legislature shall promulgate its rule for the canvassing of certificates.
Court Jurisdiction Over Election Contests
The Regional Trial Court holding office in the capital city or municipality of a State
shall have original jurisdiction over election contests involving State Governors.
Manner of Succession
Permanent vacancy in the office of State Governor = State Vice-Governor
assumes.
If the vacancy is temporary but lasts for more than 15 days, the State ViceGovernor shall act as the State Governor for the duration of the temporary
vacancy

 A temporary or permanent vacancy in the office of the State Vice-Governor shall

be governed by State Law.
XI. State Governor Powers and Duties
Similar with the powers of the President executes the law passed by Congress and the
State Legislature.
XII. State Vice-Governor Powers and Duties
Shall have the powers vested on him by the State Legislature. Preside over its
sessions.
XIII. Powers and Duties of other State Officials and Employees
Shall perform such powers, functions and duties as defined by the State Legislature.

ARTICLE XII
LOCAL GOVERNMENT
I.
II.

III.

IV.

V.

VI.

In the 1987 Constitution, it is article X. Here, it hereby renumbered as Article XII.

Territorial and political subdivisions of the Federal Republic of the Philippines are the
States, Federal Administrative Region, Autonomous Regions, provinces, cities,
municipalities and barangay
Territorial Boundaries, Powers and Privileges
They shall retain their territorial areas powers and privileges except as provided
herein.
The territorial areas of the Autonomous Regions and of LGUs may be altered by
the State Legislature concern. It shall take effect upon approval by the qualified
voters of the LGU affected by it in plebiscite called for that purpose.
Supervisory Powers
The power of the President to exercise general supervision over LGUs applies
only to the States.
Abolition of Sangguniang Kabataan
At the next provincial, city, municipal or barangay elections, the line up of
candidates for the elective Sanggunian positions shall include a representative of
youth who shall have the qualifications required under existing legislation except
he/she shall be not more than 18 years old at the time of the filing of his
candidacy.
Sharing of taxes
Taxes mentioned in LGC of 1991, RA 7160, shall include all revenues and taxes
imposed or collected by the Federal government
All revenues and taxes collected by the lLGUs or national government agencies
in accordance with RA 7160, shall be divided: 20% to the Federal Government
80% to the States

VII.

VIII.

IX.

Of the share accruing to the states, 30% shall pertain to the State concerned and
70% shall be divided among the provinces, cities, municipalities and barangay
according to the formula states in the LGC of 1991.
The LGUs which collect the revenues and taxes referred to above shall have the
right to retain their shares.
Publication of Remittance to the States
The FG shall remit the shares of its revenue collection minus the amounts
withheld by the latter within the 1st quarter of every year without unnecessary
delay.
It should be published in at least 2 newspapers of national circulation, and
announce over radio & television stations and post on its website or internet the
amounts of the shares remitted to the States and dates when the remittances
were made.
Shall also submit to the Federal Commission on Audits duly audited documents
and papers showing the amounts and dates of remittances.
States shall report to the FDCA the use to which amounts were expended.
Documents and papers are declared public documents and certified copies shall
be released on demand of any citizen
Publication
States shall remit directly the shares of the provinces, cities, municipalities and
barangays within 15 days from their receipt of the shares from the FG without
unnecessary delay.
After receiving the remittances, the said LGUs shall publish it in 2 newspapers of
local circulation and broadcast over radio and television with local coverage and
post in their respective website or through internet the amounts remitted to them,
the dates and the use to which the amounts were expended.
They shall also submit report to the State Commission Audit.
The said documents and papers are declared public documents and copies shall
be released on demand of any citizen
Financing of Newly Created LGUs created by States of by the provinces, cities or
municipalities shall be borne by the creating entity

XII. The terms of office of elective provincial, city, municipal, and barangay officials shall
be 4 years and no such officials shall serve for more than 3 consecutive terms.

ARTICLE XIII
AUTONOMUS REGONS
I.

The Autonomous Region of Muslim Mindanao is converted into the State of

Bangsamoro

II.
III.
IV.

State Governors shall exercise general supervision over autonomous regions

created by the States to ensure that laws are faithfully executed.
The defense of and security of the autonomous regions shall be the primary
responsibility of the States creating them.
Intra-State Boundary Disputes
The boundary disputes involving the States shall be resolved by the Commission
on Intra-State Boundary Disputes created therein. It is chaired by the Secretary
of DILG.
Membership of the Commission shall be constituted in the following manner:
a. If the dispute involves 2 States, each may nominate two members.
b. If it involves 3 or more States, each may nominate one member. The
Secretary of Justice shall sit in proceedings whenever it is necessary to break
a tie vote of the Commission
c. If the dispute involves the boundaries of the State where at least 20% of the
residents in one or more States involved in the dispute are Lumad/Muslim,
the two minority groups through their respective organizations duly registered
with the Social Welfare Office of the States concerned may nominate 1
member each to represent them in the Commission in addition to the
representatives of their respective States.
d. Commission shall be constituted within one month from the date a complaint
is filed with the Secretary of the DILG. The Commission shall resolve the
dispute within 6 months from the date it is brought to its attention. Unless
there are cases to resolve, the Commission shall adjourn from time to time
and shall reconvene within 1 month from the date complaints are filed.
e. Appeals from the decision of the Commission may be taken to the
Intermediate Appellate Court division sitting geographically nearest to but
outside the area in controversy. The decision of the IAC division concerned
shall be final.