Constitution of the Philippines

The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution".^[1] Philippine constitutional law experts recognize three other previous constitutions as having effectively governed the country — the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.^[2]^[3] Constitutions for the Philippines were also drafted and adopted during the short-lived governments of Presidents Emilio Aguinaldo (1898) and Jose P. Laurel (1943).

1 Background of the 1987 Constitution
2 Preamble of the 1987 Constitution
3 Significant Features of the 1987 Constitution
4 Historical constitutions
5 References
6 Bibliography
7 External links

[edit] Background of the 1987 Constitution

In 1986, following the People Power Revolution which ousted Ferdinand Marcos as president, and following on her own inauguration, Corazon Aquino issued Proclamation No. 3, declaring a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and providing for an orderly translation to a government under a new constitution.^[4] President Aquino later issued Proclamation No. 9, creating a Constitutional Commission (popularly abbreviated "ConCom" in the Philippines) to frame a new constitution to replace the 1973 Constitution which took effect during the martial law regime imposed by her predecessor. President Aquino appointed 50 members to the Commission. The members of the Commission were drawn from varied backgrounds, including several former senators and congressmen, a former Supreme Court Chief Justice (Roberto Concepcion), a Catholic bishop (Teodoro Bacani) and a noted film director (Lino Brocka). President Aquino also deliberately appointed 5 members, including former Labor Minister Blas Ople, who had been allied with President Marcos until the latter's ouster. After the Commission had convened, it elected as its president Cecilia Munoz Palma, who had emerged as a leading figure in the anti-Marcos opposition following her retirement as the first female Associate Justice of the Supreme Court, .

The Commission finished the draft charter within four months after it was convened. Several issues were heatedly debated during the sessions, including on the form of government to adopt, the abolition of the death penalty, the continued retention of the Clark and Subic American military bases, and the integration of economic policies into the Constitution. Brocka would walk out of the Commission before its completion, and two other delegates would dissent from the final draft. The ConCom completed their task on October 12, 1986 and presented the draft constitution to President Aquino on October 15, 1986. After a period of nationwide information campaign, a plebiscite for its ratification was held on February 2, 1987. More than three-fourth of all votes cast, 76.37% (or 17,059,495 voters) favored ratification as against 22.65% (or 5,058,714 voters) who voted against ratification. On February 11, 1987, the new constitution was proclaimed ratified and took effect. On that same day, President Aquino, the other government officials, and the Armed Forces of the Philippines pledged allegiance to the Constitution.

[edit] Preamble of the 1987 Constitution

The Preamble reads:

“

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

”

[edit] Significant Features of the 1987 Constitution

The Constitution establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the people and all government authority emanates from them". (Section 1, Article II) Consistent with the doctrine of separation of powers, the powers of the national government are exercised in main by three branches — the executive branch headed by the President, the legislative branch composed of Congress and the judicial branch with the Supreme Court occupying the highest tier of the judiciary. The President and the members of Congress are directly elected by the people, while the members of the Supreme Court are appointed by the President from a list formed by the Judicial and Bar Council. As with the American system of government, it is Congress which enacts the laws, subject to the veto power of the President which may nonetheless be overturned by 2/3rds vote of Congress. (Section 27(1), Article VI) The President has the constitutional duty to ensure the faithful execution of the laws (Section 17, Article VII), while the courts are expressly granted the power of judicial review (Section 1, Article VIII), including the power to nullify or interpret laws. The President is also recognized as the commander-in-chief of the armed forces. (Section 18, Article VII)

The Constitution also establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X) Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies. The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992.^[5] The Supreme Court has noted that the Bill of Rights "occupies a position of primacy in the fundamental law".^[6] The Bill of Rights, contained in Article III, enumerates the specific protections against State power. Many of these guarantees are similar to those provided in the American constitution and other democratic constitutions, including the due process and equal protection clause, the right against unwarranted searches and seizures, the right to free speech and the free exercise of religion, the right against self-incrimination, and the right to habeas corpus. The scope and limitations to these rights have largely been determined by Philippine Supreme Court decisions.

Outside of the Bill of Rights, the Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XIV), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections.^[7] But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights.^[8]

[edit] Historical constitutions

[edit] Malolos Congress

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Constitution of the Philippines (1899)

It is known as the Constitución política de Malolos and it was written in Spanish. Following the declaration of independence from Spain, by the Revolutionary Government, a congress was held in Malolos, Bulacan in 1899 to draw up a constitution. It was the first republican constitution in Asia. The document states that the people has exclusive sovereignty. It states basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives which would act as the legislative body. It also calls for a Presidential form of government with the president elected for a term of four years by a majority of the Assembly. The Malolos Constitution established Spanish as the official language of the Philippines.

The Preamble reads:

“

"Nosotros los Representantes del Pueblo Filipino, convocados legítimamente para establecer la justicia, proveer a la defensa común, promover el bien general y asegurar los beneficios de la libertad, implorando el auxilió del Soberano Legislador del Universo para alcanzar estos fines, hemos votado, decretado y sancionado la siguiente"

”

(We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following)

[edit] Commonwealth and Third Republic (1935)

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Constitution of the Philippines (1935)

23 March 1935: Seated, left to right: George H. Dern, Secretary of War; President Franklin D. Roosevelt, signing the Constitution of the Commonwealth of the Philippines; Manuel L. Quezon, President, Philippine Senate

The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935-1946) and later used by the Third Republic of the Philippines (1946-1972). It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its "possession" on the grounds that it was too politically immature and hence unready for full, real independence.

The Preamble reads:

“

"The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution."

”

The original 1935 Constitution provided for unicameral National Assembly and the President was elected to a six-year term without re-election. It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission. The Constitution now granted the President a four-year term with a maximum of two consecutive terms in office.

A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was stained with manifest bribery and corruption. Possibly the most controversial issue was removing the presidential term limit so that Ferdinand E. Marcos could seek election for a third term, which many felt was the true reason for which the convention was called. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so.

[edit] Second Republic (1943)

The 1943 Constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile. In mid-1942 Japanese Premier Hideki Tojo had promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic.

The Preparatory Committee for Philippine Independence tasked with drafting a new constitution was composed in large part, of members of the prewar National Assembly and of individuals with experience as delegates to the convention that had drafted the 1935 Constitution. Their draft for the republic to be established under the Japanese Occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch.

Upon approval of the draft by the Committee, the new charter was ratified in 1943 by an assembly of appointed, provincial representatives of the Kalibapi, the organization established by the Japanese to supplant all previous political parties. Upon ratification by the Kalibapi assembly, the Second Republic was formally proclaimed (1943-1945). José P. Laurel was appointed as President by the National Assembly and inaugurated into office in October of 1943. Laurel was highly regarded by the Japanese for having openly criticised the US for the way they ran the Philippines and because he had a degree from Tokyo International University.

The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States or of the Commonwealth of the Philippines and guerrilla organizations loyal to them. In late 1944, President Laurel declared a state of war existed with the United States and the British Empire and proclaimed martial law, essentially ruling by decree. His government in turn went into exile in December, 1944, first to Taiwan and then Japan. After the announcement of Japan's surrender, Laurel formally proclaimed the Second Republic as dissolved.

Until the 1960s, the Second Republic, and its officers, were not viewed as legitimate or as having any standing, with the exception of the Supreme Court whose decisions, limited to reviews of criminal and commercial cases as part of a policy of discretion by Chief Justice Jose Yulo continued to be part of the official records (this was made easier by the Commonwealth never constituting a Supreme Court, and the formal vacancy in the chief justice position for the Commonwealth with the execution of Jose Abad Santos by the Japanese). It was only during the Macapagal administration that a partial, political rehabilitation of the Japanese-era republic took place, with the recognition of Laurel as a former president and the addition of his cabinet and other officials to the roster of past government officials. However, the 1943 charter was not taught in schools and the laws of the 1943-44 National Assembly never recognized as valid or relevant.

The Preamble reads:

“

"The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their independence, and in order to establish a government that shall promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the creation of a world order based on peace, liberty, and moral justice, do ordain this Constitution."

”

The 1943 Constitution provided strong executive powers. The Legislature consisted of a unicameral National Assembly and only those considered as anti-US could stand for election, although in practice most legislators were appointed rather than elected.

[edit] The New Society and the Fourth Republic (1973)

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Constitution of the Philippines (1973)

The 1973 Constitution, promulgated after Marcos' declaration of martial law, introduced a parliamentary-style government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was elected as the symbolic head of state from the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a member of the National Assembly. During his term, the President was not allowed to be a member of a political party or hold any other office. Executive power was exercised by the Prime Minister who was also elected from the Members of the National Assembly. The Prime Minister was the head of government and Commander-in-Chief of the armed forces. This constitution was subsequently amended four times (arguably five depending on how one considers Proclamation No. 3 of 1986).

The 1973 Constitution was amended in 1976 to allow the incumbent president to hold the position of prime minister and president simultaneously and to exercise legislative powers as well. This allowed Marcos to further consolidate his power.

A minor amendment in 1980 changed the retiring age of judges from 65 to 70 years of age.

Amendments were done again in 1981 which established a semi-parliamentary or (semi-presidential) form of government with a president elected by direct vote of the people. Additionally, executive power was transferred back to the President (who was now the Chief Executive) and the position of Prime Minister was reduced to a minor position. Additionally, the 1981 amendments created an Executive Committee. Marcos (at least on paper), claimed the end of martial law at about this time and conducted (highly questionable) elections, which he unsurprisingly "won".

The last amendments in 1984 abolished the Executive Committee and restored the position of Vice-President (which did not exist in the original, unamended 1973 Constitution).

Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. 3 and the adoption of a provisional constitution that would prepare for the next constitution which became the 1987 constitution.

Presidential Proclamation No. 3, nicknamed the 1986 Freedom Constitution was the most far reaching set of amendments to the 1973 constitution that it was almost a constitution in its own right. However, it is really a large set of amendments which superseded and abolished certain provisions from the constitution. It granted the President certain powers to remove officials from office, reorganise the government and hold a new constitutional convention to draft a new constitution.

[edit] References

^ The 1987 Constitution of the Republic of the Philippines (15 October 1986). Retrieved on 2008-04-03.
^ Isagani Cruz (1993). Constitutional Law. Quezon City, Philippines: Central Lawbook Publishing Co., Inc., 19. ISBN 971-16-0184-2.
^ Joaquin Bernas, S.J. (1996). The 1987 Constitution of the Republic of the Philippines: A Commentary. Manila, Philippines: Rex Book Store, xxxiv-xxxix. ISBN 971-23-2013-8.
^ 1986 Provisional “Freedom” Constitution of the Republic of the Philippines (25 March 1986). Retrieved on 2008-04-03.
^ Local Government Code of 1991 (1 January 1992). Retrieved on 2007-06-09.
^ People vs. Tatud (G.R. No. 144037). Supreme Court of the Philippines (26 September 2003). Retrieved on 2007-06-09.
^ Pamatong vs. Comelec (G.R. No. 161872). Supreme Court of the Philippines (13 April 2004). Retrieved on 2007-06-09.
^ Oposa et al. v. Fulgencio (G.R. No. 101083). Supreme Court of the Philippines (requoted by Lawphil.net) (30 July 1993). Retrieved on 2007-06-09.

[edit] Bibliography

Cruz, Isagani (1995). "The Nature of the Constitution", Constitutional Law. Philippines: Central Lawbook Publishing Co., Inc., pp. 18-20. ISBN 971-16-0333-0.