Article 20. The members of the Troika shall receive a salary equal to 15 times the minimum wage paid by the Federal Government. In addition, they shall be entitled to an official residence. The members of Parliament shall receive a salary equal to 12 times the minimum wage. However, those appointed Ministers of the executive powers shall receive compensation 14 times the minimum wage.
The exception clause in Article 64 is applicable to this provision. Similar differentials as to salaries shall be applied in the State level.
EXPLANATORY NOTES
Depending on the income of the different States, and the salaries given to the employees of the States at the lowest level, the high officials of the State Government will have a salary in line with the differential provided in this Article. It is apparent, therefore, that the members of the Troika of the different States need not receive the same amount of salaries.
Article 21. The members of the Troika once elected to the Federal and State Governments will cease to be members of their respective parties and shall be servants of the people.
EXPLANATORY NOTES
The members of the Troika, once elected, have to renounce their party affiliation. This provision makes it easier for them to apply the Quezonian dictum, “my loyalty to my party ends, where my loyalty to my country begins.” This provision does not apply to a Member of Parliament who is not a member of the Troika. Members of Parliament are disqualified only from becoming officials of their respective parties.
Article 22. In case of invasion, insurrection, or rebellion, when public safety requires it, a majority of the members of the Troika may temporarily suspend the privilege of the Writ of Habeas Corpus or impose Martial Law when the crises affect the entire Philippines. The action will require the approval of the Troika of the Federal Government. When the action affects the territory of a State, the temporary action shall be adopted by the majority of the Troika of the affected State. The Legislative Power shall be convened as soon as possible to pass upon the action of the Troika.
QUESTION: In case of invasion, insurrection, or rebellion, a majority of the members of the Troika may temporarily suspend the privilege of the Writ of Habeas Corpus or impose Martial Law. What precautions are built into the Constitution to prevent abuse of such action?
ANSWER: Presently, these powers are given to the President unilaterally. Under the proposal, abuse is not likely, because it will require the joint approval of two members of the Troika. Furthermore, the approval of the Parliament must be obtained. Since the President or any member of the Troika cannot dissolve Parliament, there is no way for the suspension of the Writ of Habeas Corpus, or for the imposition of Martial Law, to become semi-¬permanent, as has happened in the past.
Article 23. In case of death or incapacity of the President, the Minister of Foreign Affairs shall sit as the Acting President. In case of death or incapacity of the Prime Minister, the highest ranking Minister, under the Prime Minister, shall sit as the Acting Prime Minister. In case of death or incapacity of the Speaker of the Parliament, the Chairman of the ranking committee in Parliament, shall sit in acting capacity.
In case of death or incapacity of Members of the Troika of a State Government, the ranking officials under the jurisdiction of the incapacitated member shall take his place.
Officials in acting capacity shall be replaced for the unexpired term by election of the members of the legislative power as provided for in this Constitution on the election of the Members of the Troika.
QUESTION: The proposed Constitution provides that in case of death or incapacity of the President, the Minister of Foreign Affairs shall sit as the Acting President. Why should the replacement come from outside the Troika? Why not replace the incapacitated President with either the Prime Minister or the Speaker?
ANSWER: This is a valid question but it is important to minimize the tendency for the members of the Troika to engage in a power struggle, both before and after the inability of the President. The logical successor should be the highest official: the Minister of Foreign Affairs.
The same reasoning applies to the death or incapacity of members of the Troika of a State Government.
Article 24. The Parliament may create different Authorities such as the Authority on National Identity, Culture, and Education, the National Economic Development Authority, the Tax Collection Authority, Public Service Authority, People’s Housing Authority, Calamity and Emergency Authority, and the People’s Income-Producing Authority.
The Act of Parliament creating an Authority may delegate to the Authorities limited and well-defined, legislative powers, including the power to levy taxes from definite sources.
The Authority may be vested with jurisdiction to plan, execute, and, within the taxing powers vested in it, implement its plan with funds raised from taxation or by the issuance of bonds within the limits prescribed by the Act of Parliament.
Article 25. The members of the board of an Authority shall earn a salary not exceeding 14 times the minimum wage in the Authority. This limitation is subject to the exception clause in Article 64. Authority members shall have a term of office of nine years, and as much as possible, shall have the qualifications of a technocrat.
EXPLANATORY NOTES
Authorities of the Federal and State governments are Active Operating Powers. They are needed to support and supplement, without the constraints of the budget, the corresponding ministries and department secretariats.
The States cannot create their respective tax collecting authority because, as provided for in Article 13, the Federal Tax Collecting Authority is the sole authority vested with the power to collect all the taxes in the Federal and State levels. It shall have the duty to apportion the proceeds of the taxes collected among the different government entities as provided for in this Constitution and by law.
While Authorities are part of the Active Operating Powers, we have the commissions which are parts of the Moderating Powers. (To be continued/PN)
