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- Philippine Constitutions
The 1987 Constitution: A chronological narrative
Basahin sa Filipino
After more than 20 years in power, President Ferdinand Marcos bowed to domestic and international pressure, and announced that snap elections will be held in February 7, 1986. Notwithstanding he had been reelected President only five years earlier—when he ran against former Secretary of Defense Alejo Santos—the snap elections was evidently an attempt by the ailing autocrat to stabilize his regime by lending it some sort of popular legitimacy.
Eight days after an election characterized by voter intimidation and violence, the Batasang Pambansa, dominated by Marcos allies, proclaimed him reelected based on the official Commission on Elections (COMELEC) results. In protest against the massive electoral fraud, Minority Leader and former House Speaker Jose B. Laurel Jr. led an opposition walkout from the election proceedings.
The fallout from the elections led to immense international and internal pressure on the Marcos regime. Political and military defections rocked the government, culminating in a failed coup attempt lead by Defense Minister Juan Ponce Enrile and Armed Forces Vice Chief of Staff Gen. Fidel V. Ramos. This was followed by a call to mass action by civil society and the Catholic hierarchy.
On February 25, the Philippines had the unusual situation of having two Presidents. Marcos had taken his oath in Maharlika Hall (later renamed Kalayaan Hall ), administered by Chief Justice Ramon Aquino, with a throng of loyalists assembled in the Palace grounds. Meanwhile, Mrs. Aquino took her oath in Club Filipino, administered by Associate Justice Claudio Teehankee. According to the 1973 Constitution, the oath of the President was:
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God.” [In case of affirmation, the last sentence is omitted.]
However, Mrs. Aquino’s oath avoided making any reference to the constitution in force and revised the Presidential oath as follows:
“I, Corazon C. Aquino, do solemnly swear that I will faithfully and conscientiously fulfill my duties as President of the Philippines, to serve and defend its fundamental laws, execute its just laws, do justice to every man, and consecrate myself to the service of the nation. So help me God.”
That night, the beleaguered Marcos, his family, and cronies fled Malacañan Palace aboard American helicopters. They would be taken to Clark Air Base en route to exile in Hawaii. On the same day, Mrs. Aquino issued Proclamation No. 1 , declaring she and Salvador Laurel had taken over the powers of the Presidency and the Vice Presidency, respectively. Their claim to power, as stated, was derived from “the sovereign will of the Filipino people as manifested in the Snap Elections of February 7, 1986.”
With Marcos gone, the newly established government considered three options for reconstituting the republic:
First was to do away with all Marcosian influence and return to the 1935 constitution, which was in use until the September 23, 1972 declaration of Martial Law. Members of her government, such as Information Minister Teodoro Locsin Jr., argued that the 1973 Constitution was never ratified. This was, however, seen as impossible because institutions, such as the bicameral legislature, had been abolished by Marcos and a general elections would have to be called.
Lastly, and most radical, was a clean break, a fresh start from the vestiges of a disgraced dictatorship, as suggested by Fr. Joaquin Bernas, S.J. and others.
Subsequently, President Aquino issued Proclamation No. 2 , on March 2, 1986, further reinstalling democratic institutions by lifting the suspension of the writ of habeas corpus.
The decision was finally made as to what constitution to adopt a month after the EDSA Revolution. On March 25, 1986, President Aquino issued Proclamation No. 3 suspending certain provisions of the 1973 Constitution and promulgating in its stead a transitory constitution to pave the way for a new charter to replace the 1973 Constitution. This was to be drafted by an appointed commission and ratified by the people in a plebiscite.
A Constitutional Commission, tasked with drafting a new charter, was created by virtue of Proclamation No. 9 , issued on April 23, 1986. The Executive Issuance outlined guidelines for the election, rules, and restrictions for the members of the said commission. The Con-Com was first to be presided over by Vice President Salvador H. Laurel until such time as it elected its own leaders. On June 2, 1986, the commission started its work and elected Cecilia Muñoz-Palma as President, former Senator Ambrosio B. Padilla as Vice President, and Veteran Journalist Napoleon G. Rama as Floor Leader.
Five months after its first session, the Con-Com of 1986 finished its work. On October 12, 1986, Delegate Serafin V. C. Guingona delivered his sponsorship speech for the second reading of the entire draft of the constitution. [ Read the speech of Commissioner Guingona ]
Thereafter, they moved to vote for the passage of the draft in the Second Reading. A total of 44 delegates voted for the draft and two delegates voted against it with no abstentions. Their session for October 12, 1986 ended at 7:53 p.m.
Three days later, the final session of the Con-Com was held. Toward the end of the session, Cecillia Muñoz-Palma delivered her closing remarks as the President of the commission. [ Read the closing remarks of Con-Com President Muñoz-Palma ]
The final session of the 1986 Constitutional Commission ended at 12:28 a.m. of October 16, 1986. The body then motioned for the approved draft to be submitted to the President for her consideration and proper action of ratification. Aside from the draft, the commission also submitted to the President a suggested date for the referendum.
A national plebiscite was held three months after the submission of the draft Constitution to the President. On February 2, 1987, the nation was asked to answer the question “Do you vote for the ratification of the proposed Constitution of the Republic of the Philippines with the Ordinance appended thereto?” in order to put the Constitution into effect. After the National vote, a board of canvassers was convened on February 4, 1987 and finished its work three days after. The results showed 76.30 percent (16,622,111 voters) of the population voted for the ratification of the Constitution; 22.74 percent (4,953,375 voters) voted against it; and 0.96 percent (209,780 voters) abstained.
President Aquino, soon after the end of canvassing, issued Proclamation No. 58 , which announced the official canvassing of results and the ratification of the draft constitution. The 1987 Constitution finally came into full force and effect on February 11, 1987 with the President, other civilian officials, and members of the Armed Forces swearing allegiance to the new charter.
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Historical Background of the 1987 Constitution
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The history of the 1987 Constitution began on 11 April 1899, the date when the Treaty of Paris between the United and Spain of 10 December 1898 became effective upon the exchange of instruments of ratification of both countries. But the sources of the 1987 Constitution are (i) McKinley’s Instructions to the Second Philippine Commission; (ii) Spooner Amendment; (iii) Philippine Bill of 1902; (iv) Jones Law of 1916, otherwise known as the Philippine Autonomy Act; (v) 1935 Constitution; (vi) 1973 Constitution and (vi) Freedom Constitution of 1986 and its implementing orders.
Treaty of Paris
Under the Treaty of Paris, the Philippines was ceded by Spain to the United States. Spain relinquished its sovereignty over the Philippine Islands, and with this, all laws of a political nature were automatically abrogated.
The Treaty provided that the civil and political status of all inhabitants of the islands was to be determined by the US Congress.
The Philippines in turn, was not given the status of an “incorporated territory” (as to make it a candidate for statehood) and so ex proprio vigore, the US Constitution did not apply to the Philippines unless the US Congress expressly enacted its provisions.
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McKinley’s Instructions
President McKinley, legislating as Commander-in-Chief, issued on 7 April 1900 his “Letter of Instruction to the Second Philippine Commission ” under Taft. It set up a “divided civil and military government” with the existing Military governor as the Executive, and a Philippine Commission, created on 1 September 1900, as the Legislative, both representing the US President as Commander-in-Chief.
It also extended to the Philippines all the rights in the Bill of Rights of the US Federal Constitution, except the right to bear arms (because the country was in rebellion) and the right to a trial by jury (because the Americans distrusted the Filipinos capacity to be a just judge of his peers).
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The right to jury trial of an American charged with a crime in the Philippines was denied by the courts in US v Dorr, 2 Phil 332 (1903) by virtue of the Letter of Instruction.
This was the first Organic Act (a law which establishes the structure and limitations of the government) of the Philippines. What it lacked, as a constitution, were the ratification by the people, and the right of amendment (which was reserved solely to the US President).
The judiciary was subsequently established on 11 June 1901, with a Supreme Court, Courts of First Instance, and Justice of Peace Courts.
Spooner Amendment
On 4 July 1901, the Spooner Amendment, which was actually a rider to the “Army and Navy Appropriations Act,” changed the then “divided, military and civil government” into a fully civil government, under the US Congress. All acts of the Philippine Commission would now begin: “Be it enacted by the authority of the US government,” and no longer by authority of the US President.
Philippine Bill of 1902
The US Congress now in control of the Philippines, ratified all the organic acts of the President, in order to prevent disruption of government, and on 1 July 1900, passed the Philippine Bill of 1902, which was to be organic act of the Philippines from 1902 to 1906. The organic act introduced significant provisions to constitutional history.
The Philippine Commission was the upper house. It was under the Governor-General who retained all the executive power, including the power to suspend the writ of habeas corpus upon recommendation of the Philippine Commission.
It established an elective lower house called the Philippine Assembly, composed entirely of Filipinos. It called for the first election in the Philippines to fill up, the membership in the lower house, as soon as the Philippine insurrection stopped and there was a condition of general peace, except in the Moro and Non-Christian provinces.
A census was taken and completed on 28 March 1903 and with a certification of peace and of Filipino acceptance of the US government made by the Philippine Commission on 29 March 1907, the election for the Philippine Assembly was conducted on 10 July 1907, with Osmena as speaker.
The Bill also defined for the first time who the citizens of the Philippines were. They were all the inhabitants of the Philippine islands who were subjects of Spain as of 11 April 1899, who continued to reside therein, and all the children born subsequent thereto. This definition is still good law today.
On 29 August 1916, the US Congress passed the Jones Law, otherwise known as the Philippine Autonomy Act.
It established a tripartite government with real separation of powers; this was the prototype of our present set-up. The executive power was in the hands of an American Governor-General, who was independent of the Legislature, and who was given the power to suspend the writ of habeas corpus and impose martial law without the recommendation of the Legislature. The Legislature was composed of the Senate and the House of Representatives, all composed of Filipinos. The judiciary continued to be made up of the Supreme Court, the CFIs and Justice of Peace Courts.
Under this set-up, while the Filipinos has all the legislative power, the Americans had all the executive power and thus, also the control of the government. Thus, in the Board of Control (National Coal Corporation) cases, the US Supreme Court ruled, despite the dissent of Holmes and Brandeis, that the President of the Senate and the Speaker of the House could not vote the stocks of the NCC and elect its directors because this was a political function. Only the Governor-General could vote the government shares, said the court.
The definition of who were citizens of the Philippines first enunciated in the Philippine Bill of 1902, was carried over by the Jones Law.
Tydings-McDuffie Law
Although this was not an organic act, it is important in the constitutional history of the Philippines because it was to be the enabling statute, providing the mechanism whereby the constitution of an independent Philippines could be adopted. The law, upon its acceptance by the Senate and House of Representatives of the Philippines, provided for (i) the calling of a Constitutional Convention to draft a Constitution for the Philippines, (ii) the adoption of a Constitution that established a republican government, with a Bill of Rights, and a separation of church and state, (iii) the submission of the draft to the US President for certification that the Constitution was in conformity with the conditions set by the Tydings-McDuffie Law, and (iv) its ratification by the people in a plebiscite. Complete independence was to take place ten (10) years after its effectivity.
1935 Constitution
Accordingly, on 30 July 1934, an election was held to choose the delegates to the Constitutional Convention. Claro M. Recto was elected President of the Convention. On 8 February 1935, the Concon approved the draft. On 23 March 1935, the draft was certified by the President, Franklin Delano Roosevelt as conforming to the Tydings-McDuffie Law. On 14 May 1935, it was ratified by the people in a plebiscite, with the provisions on the qualifications of the President, Vice-President and members of Congress taking effect upon ratification. In September 1935, the first election under the 1935 Constitution was conducted with Manuel Luis Quezon as President and Sergio Osmena as Vice- President.
On 15 November 1935, upon the inauguration of the Commonwealth, the 1935 Constitution took effect. This Constitution was to serve as the charter of the Commonwealth, and upon withdrawal of US sovereignty, of the Republic.
The Constitution provides for a tripartite government, with the executive lodged in the President who had a six-year term, the legislative in a unicameral National Assembly, and the judiciary in a Supreme Court, CFIs and Justice of Peace Courts as before.
In 1940, it was amended to provide for (a) a bicameral Congress with a Senate and a House of Representatives; (b) a term of four years for the President, but with re-election and (c) the establishment of an independent constitutional body known as the Commission on Elections.
War ensued, and the Philippines was so devastated that the declaration of its independence, due 15 November 1945 had to be postponed. At any rate, on 23 April 1946, the election of the first officials of the Philippine Republic was held, and on 4 July 1946, the Republic was inaugurated and the Philippines became “politically” independent of the US.
Theoretically, to an extent that sovereignty is never granted to a people but is earned by them as they assert their political will, then it is a misnomer to say that 4 July 1946 was the day US granted independence to the Philippines. More appropriately, it was the day when the US withdrew its sovereignty over the Philippines, thus giving the Filipino people an occasion to assert their own independence.
But not “economically”. On 30 April 1946, one week after the election, the US Congress passed the Bell Trade Act which would grant Philippine prime exports entry to the US free of customs duties from 1946 to 1954, and a gradual increase in duties from 1954 to 1974 (Laurel-Langley agreement), provided that the Philippines would grant US citizens and corporations the same privileges, and in addition, the right to explore natural resources of the Philippines in parity with the Filipinos, and to operate public utilities. This must be accepted by Congress, embodied in an Executive Agreement, and reflected as an amendment in the Constitution.
The Senate approval of this bill gave rise to the case of Vera v Avelino, 77 Phil 192 (1946). The Senate then had 11 Nacionalistas and 13 Liberals. Three Nacionalista Senators-elect (Vera, Diokno and Romero), known to be against the Bell Trade Act, were prevented by the rest of the Senate, in what is known as “exclusion proceedings,” on grounds that their elections were marred with fraud. The political motivation was clear but the SC was conned into lifting the injunction it issued for the withholding of the suspension, because of the unfulfilled promise that the Senate would not carry out the suspension. With the balance of power offset, the Bell Trade Act was passed. Subsequently, the SC had to dismiss the petition on the ground that the principle of separation of powers, it could not order a co-equal branch to reinstate a member.
The Senate authorized President Roxas to enter into an Executive Agreement, which he did on 3 July 1946, the eve of the declaration of Philippine Independence.
Then came the amendment of the Constitution in order to include the Parity Rights Agreement, which gave rise to the case of Mabanag v Lopez Vito, 78 Phil 1 (1947). Under the Amendatory Provisions of the 1935 Constitution, Congress, acting as constituent body, needed 3/4 vote to propose an amendment to the Constitution. But with the three Senators still suspended, only the 21 remaining were used as the basis for computing the 3/4 requirement. When this was raised in court, it begged off from ruling on the ground that it was a political question. It also used the Enrolled Bill Theory.
So with the amendment proposed, it was subsequently ratified on 5 March 1947.
The third time the Constitution was amended (1940, 1947) was in 1967. A Resolution of both houses provided for (a) the amendment of the Constitution by a Convention, (b) the increase of seats in the House of Representatives to make the Concon sufficiently representative, and (c) allowing members of the House as delegates without forfeiting their seats. The first was approved, the second and third were rejected. This became the subject matter of Gonzales v COMELEC.
Election of delegates to the Concon took place on 10 November 1970. Then the ConCon met on 1 June 1971. Before it finished its work, it came up with a resolution calling for an amendment to the 1935 Constitution reducing the voting age from 21 to 18, so that a wider base could vote in the ratification of the Constitution then being drafted. A plebiscite was set by the COMELEC for 8 November 1971 but this was enjoined by the SC in the case of Tolentino v COMELEC, the court ruling that a piece-meal amendment was not allowed by the 1935 Constitution since it provided that the amendments were to be ratified at “an election” which meant only one election. The Court upheld its jurisdiction over the ConCon by arguing that since the Concon derived its power from the Constitution, it was thus limited by the Constitution.
But it was subsequently overtaken by Martial Law. On 30 November 1972, the Convention submitted its “draft” to the President, who called on a plebiscite to ratify the Constitution. This was questioned in the case of Planas v COMELEC, 49 SCRA 105 (1973) on the ground that there can be no freedom of expression under Martial Law. But the case was rendered moot and academic when the President cancelled the plebiscite and instead held a citizens’ assembly on 10 to 15 January, 1973. On 17 January 1973, the President came up with a proclamation that the Constitution had come to full force and effect after its overwhelming ratification by the people in a viva voce vote.
1973 Constitution
The validity of the ratification process was questioned in the case of Javellana v Executive Secretary, 50 SCRA 30 (1973) but the failure of the SC to come up with the necessary votes to declare the act as unconstitutional forced it into the conclusion that “there are no further obstacles to considering the constitution in force and effect.”
The 1973 Constitution was amended four times.
The first, in 1976, gave the President, legislative powers even if the Interim Batasang Pambansa was already operating.
The second, in 1980 was not significant. It merely raised the retirement of justices of the SC from 65 to 70 as to keep Fernando for five more years.
The third, in 1980 changed the form of government from Parliamentary to Presidential.
The fourth, in 1984, responded to the succession problem by providing for a Vice-President.
The start of the end of the Marcos years, of course, could be treated as early as 21 August 1983. But its immediate precursor was the Snap Election which the President was forced to call and set on 7 February 1986 to respond to the clamor for popular mandate.
The validity of the “Snap Election Law” called by the Batasang Pambansa was raised in the case of Philippine Bar Association v COMELEC, 140 SCRA 455 (1985). The issue was raised because of the conditional letter of resignation sent by Mr. Marcos to the Batasan, making his resignation effective only upon (i) the holding of a Presidential election, (ii) the proclamation of a winner, (iii) the assumption into office by the winning candidate. It was contended that a conditional resignation was not allowed under the 1973 Constitution, for it did not create a vacancy, and without a vacancy, there was no reason to call for an election.
But the SC failed to issue a preliminary injunction to enjoin the COMELEC from preparing for the election, thus making “the initially legal question into a political one.” In the meantime, the political parties have started campaigning and the people were so involved in the election that to stop it on legal grounds would frustrate their very will. And so, failing to come up with the majority to hold the Snap Election Law unconstitutional, the SC could not issue the injunction prayed for. The election went ahead.
The rest is history. The results of the election were proclaimed by the Batasan, naming Marcos and Tolentino as the winners. But the February 2 to 25, 1986, EDSA revolution took place. On 25 February, Marcos was proclaimed in Malacanang by Makasiar, while Aquino was proclaimed in Club Filipino by Teehankee. Later that evening, Marcos fled to Hawaii.
A. The February 1986 Revolution and the Proclamation of Provisional Constitution.
Freedom Constitution
What was the basis of the Aquino government? Did it assume power pursuant to the 1973 Constitution, or was it a revolutionary government?
Proclamation No. 1, 25 February 1986 (Provisional government).– But Proclamation No. 3 which announced the Provisional Constitution, seemed to suggest that it was a revolutionary government, since in one of its whereases it announced that the “new government was installed, through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces,” referring to the EDSA revolution.
The better view is the latter view. The Aquino government was not an offshoot of the 1973 Constitution for under that Constitution, a procedure was given for the election of the President — proclamation by the Batasan — and the candidate Batasan proclaimed was Marcos.
Lawyers League v Aquino (GR Nos. 73748, 73972 & 73990, May 22, 1986).– This view was affirmed in Lawyers League v Aquino where the legitimacy of the Aquino government is questioned on the ground that it was not established pursuant to the 1973 Constitution. The SC ruled that petitioners had no personality to sue and their petition states no cause of action.
“For the legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of politics where only the people of the Philippines are the judge. And the people have made the judgment; they have accepted the government of President Aquino which is in effective control of the entire country so that it is not merely a de facto government but in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government. All the eleven members of this Court as reorganized, have sworn to uphold the fundamental law of the Republic under her government.”
The Aquino government was a result of a “direct state action.” It was not as if a small group revolted and succeeded in wresting power in the end. Rather, the entire state revolted and overthrew the government, so that right from the beginning, the installation was already lawful and the government was at all times de jure.
In this regard, it must be noted that there is no such thing as a constitutional right of revolution. A revolution, from the point of view of a State, is always lawful since a State can never go wrong; it can change its government in whatever way the sovereign sees fit. But this right of revolution, inherent in sovereignty, cannot be recognized in a Constitution, for this would be self-destructive. The nature of a Constitution is to set-up a government and provide for an orderly way to change this government. A revolution contradicts this nature.
Proclamation No. 3, March 25, 1986 (Provisional Constitution).– At any rate, the Provisional Constitution or Freedom Constitution was adopted on 25 March 1986 through Proclamation No. 3. It abrogated the legislative provisions of the 1973 Constitution, modified the provisions regarding the executive department, and totally reorganized the government. (Its use of the 1973 Constitution, however, is not be to construed that it was a continuation thereof.) Then it provided for the calling of a Constitutional Commission, composed of 30 to 50 members appointed by the President within 60 days. (In our history, all major constitutions — Malolos, 1935, 1971 — were drafted by elected delegates.)
The President appointed 48 Commissioners, who worked on the Constitution from 1 June to 15 October 1986. The draft was submitted to the people in a referendum on 2 February 1987. On 11 February 1987, the President, through Proclamation No. 58, announced its overwhelming ratification by the people and that, therefore, it had come into force and effect.
In Re: Saturnino Bermudez (145 SCRA 160)(1960).– In the case of In Re: Saturnino Bermudez , the SC held, quoting the previous case of Lawyers League v Aquino, that:
[T]he legitimacy of the Aquino government is not a justiciable matter. It belongs to the realm of politics where only the people of the Philippines are the judge. And the people have made the judgment; they have accepted the government of President Aquino which is in effective control of the entire country so that it is not merely a de facto government but in fact and law a de jure government. Moreover, the community of nations has recognized the legitimacy of the present government. All the eleven members of this Court as reorganized, have sworn to uphold the fundamental law of the Republic under her government.
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1987 Constitution Interpretation
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By the 1850’s The Constitution, originally framed as an instrument of national unity, had become a source of sectional discord and tension and ultimately contributed to the failure of the union it had created. This is all shown by the misinterpretations of the Constitution and documents that followed on many occasions and topics.
The Constitution was never explained to how it was meant to be interpreted, which cause many disagreements, which ultimately started sectionalism, which is the loyalty to interests or views in one’s region of a country rather than the views or interests of the country as a whole. Sectionalism kick started the idea of sucession from the union, which started the bloodiest war on american soil, the Civil War. The misinterpretation on the views of slavery was the biggest argument as shown in multiple documents, (Document E), “To the Argument, that the word ‘slaves’ and ‘slavery’ are not to be found in the Constitution, and therefore it was never intended to give any protection or countenance to the slave system, it is sufficient to reply, that no such words are continued in the instrument, other words were used, intelligently and specifically, to meet the necessities of slavery.”
This basically means that the constitution could have many interpretations on the basis that no “right” interpretation was ever stated.There were many feuds between documents following the Constitution such as the Compromise of 1850 as show in in the map of (Document A) where the country is broken into 2 parts, not unified because of slavery, along with the Fugitive Slave Law, (Document D)
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The 1987 Constitution of the Republic of the Philippines
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.
ARTICLE I NATIONAL TERRITORY
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The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
- Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
- Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
- Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
- Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.
- Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
- Section 6. The separation of Church and State shall be inviolable.
STATE POLICIES
- Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
- Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
- Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
- Section 10. The State shall promote social justice in all phases of national development.
- Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
- Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
- Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
- Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
- Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.
- Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
- Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
- Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
- Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
- Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
- Section 21. The State shall promote comprehensive rural development and agrarian reform.
- Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
- Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.
- Section 24. The State recognizes the vital role of communication and information in nation-building.
- Section 25. The State shall ensure the autonomy of local governments.
- Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
- Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
- Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
ARTICLE III BILL OF RIGHTS
- Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
- Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
- Section 3. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
- Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
- Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
- Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
- Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
- Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
- Section 9. Private property shall not be taken for public use without just compensation.
- Section 10. No law impairing the obligation of contracts shall be passed.
- Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
- Section 12. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.
- Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
- Section 14. No person shall be held to answer for a criminal offense without due process of law. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
- Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it.
- Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
- Section 17. No person shall be compelled to be a witness against himself. Section 18. No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
- Section 19. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
- Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
- Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted.
ARTICLE IV CITIZENSHIP
- Section 1. The following are citizens of the Philippines: Those who are citizens of the Philippines at the time of the adoption of this Constitution; Those whose fathers or mothers are citizens of the Philippines; Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority and Those who are naturalized in accordance with law.
- Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph , Section 1 hereof shall be deemed natural-born citizens.
- Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
- Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it. Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
ARTICLE V SUFFRAGE
- Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
- Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.
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Essay About Philippine Constitution
The essay sample on Essay About Philippine Constitution dwells on its problems, providing a shortened but comprehensive overview of basic facts and arguments related to it. To read the essay, scroll down.
A community of individuals more or less legion. for good busying a definite part of district. independent of external control. and possessing an organized authorities to which the great organic structure of its dwellers render accustomed obeisance ( De Leon. 2000 ) .
The Philippines is a province. Elementss of a State
The Constitution The United
The first component of a province is the people.
which is known to be the most indispensable and indispensable component of a province. This is the mass of the population. or the figure of people populating within the province. There is no specific figure of people required life within a province so that it could be called a province.
The 2nd component is the district. which is the constituted country that justly belongs to the people of the province.
This is the aerial ( air ) . tellurian ( land ) . fluvial ( stream/river ) . and maritime ( H2O ) domains of the province.
The 3rd component is the authorities. which is the bureau to which the will of the province is expressed. created and administered. This is a group of people or establishments which run and rule the society.
The 4th component is the sovereignty. which is known as the supreme power of the province to command and implement obeisance its will from the people.
Harmonizing to Article One. National Territory.
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of The 1987 Constitution of the Republic of the Philippines: “The national district comprises the Philippine archipelago. with all the islands and Waterss embraced therein. and all other districts over which the Philippines has sovereignty or legal power. consisting of its terrestrial. fluvial and aerial spheres. including its territorial sea. the ocean floor. the undersoil. the insular shelves. and other pigboat countries. The Waterss around. between. and linking the islands of the archipelago. regardless of their comprehensiveness and dimensions. organize portion of the internal Waterss of the Philippines. ”
This means that all the country that is encompassed by 185 kilometres ( 100 maritime stat mis ) from the Philippine shore. under the seabed even. is a district of the Philippines. This is sometimes besides known as the “Philippine Area of Responsibility” . a term used by PAG-ASA and other conditions bureaus to find for illustration. if a typhoon or a Low Pressure Area has entered our district.
Fundamental law of the Philippines
The fundamental law of the Philippines is the most of import portion of a province. The national district and all the cardinal laws- the set of regulations and principles- can be found here. The Constitution besides enunciates province rules and policies. Among the rules and policies embodied in the Fundamental law are:
( 1 ) Sovereignty of the people ;
( 2 ) Repudiation of war as an instrument of national policy ;
( 3 ) Domination of civilian authorization over the military ;
( 4 ) Service and protection of the people as the premier responsibility of the Government ;
( 5 ) Separation of Church and State ;
( 6 ) Guarantee of human rights ;
( 7 ) Separation of power among the assorted subdivisions of authoritiess ; and
( 8 ) Autonomy for local authorities units.
One of the cardinal constituents of the Constitution is the Bill of Rights. which declares and enumerates the basic rights and autonomies of the people which the authorities ( or any individual ) is out to go against or infringe upon. Among the rights granted by the Fundamental law are:
( 1 ) Due procedure of jurisprudence and equal protection ;
( 2 ) Right against unreasonable hunt and ictus ;
( 3 ) Right of privateness ;
( 4 ) Freedom of address. of look. and of the imperativeness ;
( 5 ) Freedom of faith ;
( 6 ) Autonomy of residence and travel ;
( 7 ) Right to information on affairs of public concern ;
( 8 ) Right to organize associations for intents non contrary to jurisprudence ;
( 9 ) Right to a merely compensation when private belongings is taken for public usage ;
( 10 ) Right against damage of contract ;
( 11 ) Freedom of entree to the tribunals ;
( 12 ) Rights refering to individuals under probe ;
( 13 ) Right against inordinate bond ;
( 14 ) Rights of the accused in condemnable instances ; and
( 15 ) Right to speedy temperament of instances.
It has been revised seven times. get downing from The 1899 Malolos Constitution. which was approved by so President Emilio Aguinaldo on December 23. 1898 and promulgated on January 21. 1899. and so the Philippine Organic Act of 1912 enacted into jurisprudence by the United States Congress on July 1. 1902. Next was The Jones Law of 1916. enacted into jurisprudence by the United States Congress on August29. 1916. followed by The 1935 Constitution. which was approved by the 1934 Constitutional Convention on February 8. 1935. certified by the President of the United States on March 25. 1935. and ratified by plebiscite on May 14. 1935. This was amended two times. on June 18 1940 and March 11. 1947.
The 1943 Constitution. was approved by the Preparatory Committee on Philippine Independence on September 4. 1943 and ratified by the KALIBAPI convention on September 7. 1943. Following this is The 1973 Constitution. which was proclaimed in force by Proclamation by so President Ferdinand Marcos on January 17. 1973. This was amended three times. on October 16-17. 1976. January 30. 1980 and April 7. 1981. The present fundamental law. which is The 1987 Constitution. was foremost presented to so President Cory C. Aquino as The 1986 Freedom Constitution on October 15. 1986. This was approved by the Constitutional Commission on October 12. 1986. It was ratified by a plebiscite on February 2. 1987 and proclaimed in force by February 11. 1987.
Mentions: Pacaway. J. ( 2014. July 4 ) . Filipino authorities with 1987 fundamental law. Retrieved from hypertext transfer protocol: //www. slideshare. net/anjanet2/philippine-government-with-1987-constitution
Filipino Constitutions | Official Gazette of the Republic of the Philippines. ( n. d. ) . Retrieved from hypertext transfer protocol: //www. gov. ph/constitutions/
Salinas. S. ( 2013. December 16 ) . Concepts of province and authorities. Retrieved from hypertext transfer protocol: //www. slideshare. net/sarahsalinascatwoman/concepts-of-state-and-government-29249128
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE I | Official Gazette of the Republic of the Philippines. ( n. d. ) . Retrieved from hypertext transfer protocol: //www. gov. ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-i/ The History and Evolution of the Philippine Constitution | Law | Jcmiras_03. ( 2014. August ) . Retrieved from hypertext transfer protocol: //www. pinoysites. org/jcm/item/12/
The Constitution of the Philippines: An Overview | Herald Digital Law Philippines. ( 2011. February 1 ) . Retrieved from hypertext transfer protocol: //philippineslaw. wordpress. com/2011/02/01/the-constitution-of-the-philippines-an-overview/
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Philippine Constitution
The second chapter dealt on the entirety of the state which is considered to be a very important concept in the field of political science as it is branded as the basic unit of the international community and the ultimate expression of political activity among men. The third chapter was aimed at discovering the historical roots and progression of Philippine government in order to understand the complexities and changes within the bounds of local governance. This chapter will be dedicated to the discussion of the fundamentals of the so called "fundamental law of the land" which is the guiding light of the affairs of both state and government.
In addition, this will e an opening salvo to the critical study of the document as we enter the portals leading to the first two fragments of the 1987 Philippine Constitution the Preamble and the National Territory. Creating an Equilibrium Before we delve deeper into the concept of the organic law, let us first turn our attentions to the specific field of political law that is germane to the study of the constitution itself constitutional Law.
Constitutional Law is the study of the maintenance of the proper balance between authority as represented by the three Inherent powers of the State and liberty as guaranteed by the Bill of Relights. L Genuine liberty entails exercising It without causing any harm or Interception on the freedom of others. This Is the Ideal arrangement since by practice, people unavoidably uses liberty beyond normal control.
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Hence, the state has been endowed from Its birth with the three Inherent powers namely police power, eminent domain, and taxation in order to regulate the usage of individual rights. But this does not mean that the state always has the authority to intrude on an individual's freedom because in the context of Constitutional Law, what is being advanced is not primacy of one of the two factions but the promotion of the "co-existence" Constitution Defined Cooley describes it as the "body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. It also refers to "a written instrument by which the fundamental powers of the government are established, limited, defined, and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic. " The first definition is much more extensive compared to the second one nice it covers even the unwritten constitutions like customs and traditions.
Furthermore, Cooley's definition relates on the founding principles reflecting the aspirations of the sovereign while Miller's include in its scope the structuring of the government wherein the several powers are distributed for the promotion of the common good. In layman's terms, it is simply defined as the organic or supreme law of the state. Constitution vs.. Statute Constitution and statute are two terms belonging to the same world of legalities but differ in their scope and intrinsic meaning.
- The disparity is demonstrated in the allowing instances:
- The former elaborates on general items such as policies and principles while the latter deals on more specific topics. Statutes always follow the basic rule of legislation known as "singularity of subject. "
- In addition, in the context of being "open to change," the constitution (for the cases of the written, enacted and rigid) cannot be easily amended while statute is more open to change and can even be repealed easily with regards to its constitutionality.
- The constitution is the product of the people's integral sovereign power in society while statute is a result of he process of legislation or law-making as practiced by the legislature.
Lastly, in most cases, there is only one constitution in operation but there can be several statutes that would be enforced within the bounds of the state.
The purpose of the constitution is "to prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded. Dissecting this statement originating from American Jurisprudence, three government administering the state; Next is the apportionment of the different governmental powers to the branch or department that must exercise it so as to avoid concentration of powers; and finally, to provide for the guiding principles which aid the daily affairs of the entire governmental order. Supremacy without a Doubt The constitution is the supreme law of the land.
Neither legislation nor even the highest government official exercising immense powers inside the state can question the ultimate position occupied by the organic law in the hierarchy of the political system. The legislature can make laws but such laws are limited because they must inform to the tenets and principles anchored on the constitution. In fact, the judiciary checks both legislative and executive departments by interpreting their actions as "constitutional" or "unconstitutional. " The people, its creator, in the exercise of sovereign power may not disregard the constitutions as well.
But it must be remembered that they can institute changes if ever it is proven that the constitution does not serve or address the needs of the current situation. The supremacy scenario can also be observed in the landscape of the international community due to the fact that in cases of conflict between international law and municipal (local) law, the latter usually prevails based on the principle of par in paper non habit emporium. But there are exceptional cases wherein constitutional inferiority is demonstrated in upholding the general interests of the people. Variety Exists Constitutions around the globe are not exempted to the phenomenon dubbed as "variety. " Gradations exist and these are categorized into three major segments: There are two kinds of constitution according to form namely written and unwritten. The differentiation does not rest on the aspect of being "written" or not because mom examples of the unwritten constitution are in fact written documents. The major distinction is based on the "organization" of the scattered pieces into one, single collection.
The written constitution is usually the organized one while the unwritten "consists of rules which have not been integrated into a single, concrete from but are scattered in various sources. " The 1987 Philippine Constitution is a written one while the English Constitution is an unwritten type. The next one is constitution according to origin which also has two types: enacted (conventional) and evolved (cumulative). Enacted is a result of a thorough document construction normally done through a constitutional convention and is normally instituted at a definite time and place.
On the other hand, evolved is a product of continuous process of accretion or adding up as it operates from one generation to another. The present Philippine Constitution is enacted while customs and traditions would be the best example for an evolved constitution. According to manner of amendment is the last category that comprises both flexible and rigid constitutions. Flexible constitutions are characterized by flexibility which implies that it can be changed by he sense that it can only be amended by a specific body and the procedure itself is quite complex and difficult.
The 1987 Philippine Constitution is rigid while the constitution of the Scandinavian state of Sweden is considered as flexible. Written Constitution: Essential Qualities Since the 1987 Constitution of the Republic of the Philippines is a written one, it is more sensible to tackle the essential qualities of a constitution in the lexicon of the written type. Broadness refers the extensiveness of the constitution in terms of its scope and reach. Furthermore, broadness relates to the fact that the constitution "is opposed to embody the past, reflect the present and to anticipate the future. Accordingly, it must have the capability to provide answers or solutions for every contingency. Brevity implies that a good written constitution must stick to the basics. It is limited in the sense that it should not be a venue for staging the details which must be addressed and expressed by reinforcing legislation. Thus, the nature of the document is to prevent the situation wherein it becomes too "chatty' or wordy. A written constitution must also be definite. This quality relates to the condition hat its provisions must be construed in a clear manner to avoid vagueness in the interpretation.
Such ambiguity may lead to "confusion and divisiveness among the people, and perhaps even physical conflict. "8 Written Constitution: Essential Parts Almost all texts dealing on the topics of constitution, law and Political Science are in agreement that there are three essential parts of a good written constitution. These are the following: The constitution of liberty which is symbolized by the presence of a Bill of Rights, elaborates the citizens' civil and political rights as well as the imitation imposed on the side of the government in the regulation of the same.
It is found in Article Ill (Bill of Rights) of our constitution. Reflected in Article VI (Legislative), VII (Executive), VIII Adjudicatory), and IX (Local Government) is the second essential part known as the constitution of government whose main feature is the outlining of the governmental structure and the respective powers that they must utilize in the conduct of administration. The provisions relating to the procedures on how to institute changes in the constitution is referred to as the constitution of sovereignty. Article XVII (Amendments or Revisions) is an exemplary of this part.
Beginnings of the 1987 Philippine Constitution September 21, 1972 is the dreaded day of the proclamation of Martial Law courtesy of one of the most infamous head of state in the Philippines?Ferdinand Adrenalin Marco's. Such declaration was fueled by the various political upheavals in the Philippine political scene at that time including insurgency movements of militant groups and the fear of a communist seizure of the duly constituted government. The Martial Law lasted for about 8 years and was only lifted in 1981. The growing year 1983; Seen. Benign "Ninny' Aquinas, Jar. Turned from his exile in the United States and was assassinated at the Manila International Airport. Three years after such heart-breaking murder, Marco's called for a special snap election which was centered between him and the widow of Ninny?Carbon "Core' Aquinas. Massive cheating and electoral fraud characterized the election process in which the final tally of votes expressed the victory of the administration. Yet, even though triumph was at hand, the snap election was one of the major reasons that catapulted the People Power Revolution of 1986.
The withdrawal of the military support for the overspent through the acts of high military officials Fidel V. Ramose and Juan Pence Enrich led to the downfall of the Marco's Administration. The world's attention was gravitated to the Philippines in the year 1986 when "the cheapest revolution"9 in history was launched in order to overthrow the infamous regime of Ferdinand Adrenalin Marco's. The latter was forced to go to an exile in Hawaii, United States. When Core was inaugurated as President, her administration reorganized the entire governmental order and promulgated the Freedom Constitution that abrogated the operation of the 1973 Constitution.
The "Freedom Constitution" was the precursor of the 1987 organic law. In the latter part of the same year, she ordered the formation of a Constitutional Commission through Proclamation no. 9 to draft a new constitution to legalize the new government. The regular session of the said commission was held from June 2 - October 15, 1986. It was headed by Cecilia Munson Palm, the first woman to be appointed to the Supreme Court of the Philippines, as chairman, together with Ambrosia B. Patella as vice- chairman. Napoleon G. Ram served as floor leader with Jose D.
Cauldron and Madam Domain Alonso, a Muslim legislator, as assistant floor leaders. Members of the commission came from different walks of life which encompass such prominent names as former COMELY Commissioner Rene Sacramento, former Associate Justice Florien Regarded, former Chief Justice Hilarious Divide, Jar. , Dean Emeritus of Atone Law School FRR. Joaquin G. Barnes, S. J. , award-winningly director Lion Brocks, and notable lawyer Christian Monsoon. After drafting the newly structured and designed fundamental law, the commission recommended to President Aquinas the scheduling of the plebiscite for the ratification of the proposed code.
A three-month period was given for the people to carefully study and scrutinize such. The plebiscite was scheduled on the 2nd February, 1987. During the campaign period for the ratification, Filipinos were quite apprehensiveness eventually, they approved the plebiscite. The process was a huge success with 76. 29% affirming the ratification while 22. 74% were on the contrary. The 1987 text is pretty lengthy and wordy which is composed of eighteen articles. Historical experiences have molded it into its present form and substance particularly the enormous impact of the Martial Law Era.
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Introduction
The Republic of the Philippines sits on an archipelago in Southeast Asia and consists of 7,107 islands with a total area of 300,000 square kilometres. It is located at the intersection of several bodies of water: it is bounded by the Pacific Ocean in the north, the South China Sea in the west, the Sulu and Celebes Seas in the south, and the Philippine Sea in the east. Over 90 million people live on the islands, some 12 million of whom live in the capital region, Metro Manila. Most of the people on the islands are of the same racial stock as the Malays and the Indonesians, but a Chinese minority (around 1.5%) make up an influential part of the Philippine economy. There are eight major languages and close to a hundred dialects.
Constitutional history
The Philippines had long been used as a trading port in Asia, and this led to their colonization by the Spanish and later by the Americans. The Spanish converted most of the population to Catholicism and the religion remains the dominant one in the country. During the later part of more than 300 years of Spanish rule, nationalist sentiment began to grow among groups of Indios (which was how the Spanish referred to the Filipinos), fuelled in large measure by the writings of national hero Jose Rizal (later executed by the Spanish authorities) and other ilustrados (the Filipino intellegensia). A revolution was launched against Spain and the revolutionaries declared Philippine independence in Kawit, Cavite on June 12, 1898. What became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering what is called the First Philippine Republic. In the Spanish-American War of 1898, the revolutionaries sided with the Americans, hoping that, with the defeat of Spain, independence would be granted by the US to the Philippines. This, however, did not happen. After Spain ceded (or sold) the islands to the United States in the Treaty of Paris, the US immediately proceeded to brutally suppress the Philippine independence movement.
In 1916, the US passed the Jones Act which specified that independence would only be granted upon the formation of a stable democratic government modelled on the American model, not the French model as the previous constitution had been. The US approved a ten-year transition plan in 1934 and drafted a new constitution in 1935. World War II and the Japanese invasion on December 8, 1941, however, interrupted that plan. After heroic Filipino resistance against overwhelming odds finally ended with the fall of Bataan and Corregidor in 1942, a Japanese “republic” was established, in reality, a period of military rule by the Japanese Imperial Army. A new constitution was ratified in 1943 by Filipino collaborators who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerilla movement continued to resist the Japanese occupation. The Japanese forces were finally defeated by the Allies in 1944 and this sorry chapter came to a close.
Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which featured a political system virtually identical to the American one, became operative. The system called for a President to be elected at large for a 4-year term (subject to one re-election), a bicameral Congress, and an independent Judiciary.
Independence to martial law
From the moment of independence, Filipino politics have been plagued by the twin demons of corruption and scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-57), Carlos Garcia (1957-61), and Diosdado Macapagal (1961-65) managed to stabilize the country, implement domestic reforms, diversify the economy, and build Philippine ties not only to the United States, but also to its Asian neighbours.
Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first president to be so re-elected. Desirous of remaining in power beyond his legal tenure, he declared martial law in 1972, just before the end of his second and last term, citing a growing communist insurgency as its justification. He then manipulated an ongoing Constitutional Convention and caused the drafting of a new constitution – the 1973 Constitution – which allowed him to rule by decree until 1978 when the presidential system of the 1935 Constitution was replaced with a parliamentary one. Under this new system, Marcos held on to power and continued to govern by decree, suppressing democratic institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but Marcos continued to rule by the expedient of being “re-elected” in a farce of an election to a new 6-year term. He continued to suppress dissent and thousands of vocal objectors to his rule either mysteriously disappeared or were incarcerated. Despite economic decline, corruption allowed Marcos and his wife Imelda to live extravagantly, causing resentment domestically and criticism internationally.
The people’s choice
When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983, widespread outrage forced Marcos to hold “snap” elections a year early. The election was marked by fraud on the part of Marcos and his supporters but Marcos had himself declared the winner constitutionally, amidst international condemnation and nationwide domestic protests. A small band of military rebels tried to mount a coup, which failed because of its discovery, but this triggered what became internationally celebrated as the “People Power” revolution, when droves of people spilled out onto the streets to protect the rebels, eventually numbering well over a million. Under pressure from the United States, Marcos and his family fled into exile. His election opponent, Benigno Aquino Jr.’s widow Corazon, was installed as president on February 25, 1986.
The 1987 Constitution
Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people for so long. In March, she issued a unilateral proclamation establishing a provisional constitution. This constitution gave the President broad powers and great authority, but Aquino promised to use them only to restore democracy under a new constitution. This new constitution was drafted in 133 days by an appointed Constitutional Commission of 48 members and ratified by the people in a plebiscite held on February 2, 1987. It was largely modelled on the American Constitution which had so greatly influenced the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.
The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. There were three independent constitutional commissions as well: the Commission on Audit, the Civil Service Commission, and the Commission on Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil and and political rights, and it provided for free, fair, and periodic elections. In comparison with the weak document that had given Marcos a legal fiction behind which to hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of political repression and oppression.
Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the head of the state and the chief executive, but he is subject to significant checks from the other branches, especially in times of emergency, which, given the history of the country, was obviously intended to be a safeguard against a repeat of Marcos’ martial law despotism. For example, in cases of national emergency, the President can still declare martial law, but not for a period longer than 60 days. Congress can revoke this decision by a majority vote, or it can also extend it for a period to be determined by the Congress. Additionally, the Supreme Court can review the declaration to decide if there were sufficient facts to justify martial law. The President can grant pardons and amnesty. He is also empowered to make or accept foreign loans. He cannot, however, enter into treaties without the consent of the Senate. The President and Vice-President are elected at large by a direct vote, but the President may only serve one 6-year term. The Cabinet, consisting of the President’s advisers and heads of departments, is appointed by the President and it assists him in his governance functions.
Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House of Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve no more than two consecutive 6-year terms. The House is composed of 250 elected members. Most of these Representatives are elected by district for 3-year terms, but 20% of the total membership is chosen in proportion to party representation. Besides the exclusive power to legislate, one of the most important powers of Congress is the ability to declare war, which it can through a two-thirds vote in both houses. Even the power to legislate, however, is subject to an executive check. The President retains the power to veto a bill passed by both houses, and Congress may override this veto only with a two-thirds vote in both houses.
Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by the President without need for confirmation by Congress. Appointment, however, is limited to a list of nominees presented to the President by a constitutionally-specified Judicial and Bar Council. This Council consists of 7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a representative from Congress, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a representative of the private sector. The first four serve for four years, the law professor for three, the retired Justice for two, and the private sector representative for one year. The Supreme Court Justices may hear, on appeal, any cases dealing with the constitutionality of any law, treaty, or decree of the government, cases where questions of jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently grave. It may also exercise original jurisdiction over cases involving government or international officials. The Supreme Court also is charged with overseeing the functioning and administration of the lower courts and their personnel.
Government oversight bodies
The Constitution also establishes three independent Constitutional Commissions. The Civil Service Commission acts as a central agency in charge of government personnel. The Commission on Elections enforces and administers all election laws and regulations to ensure that they are free and fair for all involved. Finally, the Commission on Audit examines all funds, transactions, and property accounts of the government and its agencies. Each of these Commissions is given governing and financial autonomy from the other branches of government to ensure unbiased decision-making. All decisions made by these Commissions are reviewable by the Supreme Court. To further ensure the ethical and lawful functioning of the government, the Constitution also creates an Office of the Ombudsman to investigate complaints regarding public corruption, unlawful behaviour of public officials, and other public misconduct. The Ombudsman can then charge such misbehaving public officials before a special court called the Sandiganbayan. The Ombudsman is also independent administratively and financially from the other branches of government, although the President is vested with the power to appoint the Ombudsman and his Deputies (from a list also prepared by the Judicial and Bar Council) for single 7-year terms. Only the House has the power to initiate impeachment of the President, the members of the Supreme Court, and a few other constitutionally protected public officials like the Ombudsman. The Senate is then supposed to try the impeachment case. Each of these aforementioned independent agencies was created for the purpose of promoting moral and ethical conduct in government.
System of Government under 1987 Constitution
Issues and challenges.
*Developed with input from Dr Florangel Braid (former member of the Constitutional Commission) and Rene Azurin
Bibliography
- United States. CIA World Factbook: Philippines. , 2011. Web. 27 Jun 2011.
- "Philippines Country Profile." 22/04/2011. BBC News. Web. 27 Jun 2011.
- United States Department of State. Background Note: Philippines. , 2011. Web. 27 Jun 2011.
- United States Library of Congress. A Country Study: Philippines. , 2011. Web. 27 Jun 2011.
- 1987 Constitution of the Republic of the Philippines. 1987. Web. 27 Jun 2011.
- Maddex, Robert L. Constitutions of the World. 3rd ed. Washington, D.C.: CQ Press, 2008. Print.
- Bacani, Benedicto. Presidential System in the Philippines: Some Issues and Concerns. Web. 8 Jul. 2011.
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SUMMARY / REVIEWER OF THE 1987 PHILIPPINE CONSTITUTION
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Summary of the Article Iii of the 1987 Constitution of the Republic of the Philippines Bill of Rights
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The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.…
Forensic Science and the Law Essay
Amendment 4 “Search and Seizure” talks about, and legalizes “The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The fourth amendment protects the rights of an individual so they are not wrongfully or illegally searched.…
Related Topics
- Human rights
- Habeas corpus
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The 1987 Constitution: A chronological narrative After more than 20 years in power, President Ferdinand Marcos bowed to domestic and international pressure, and announced that snap elections will be held in February 7, 1986.
The history of the 1987 Constitution began on 11 April 1899, the date when the Treaty of Paris between the United and Spain of 10 December 1898 became effective upon the exchange of instruments of ratification of both countries.
Essay Assignments 1 (1987 Philippine Constitution) - Philippine Constitution (1987) Preamble We, the - Studocu 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 DismissTry Ask an Expert Ask an Expert Sign inRegister Sign inRegister Home
The Constitution was never explained to how it was meant to be interpreted, which cause many disagreements, which ultimately started sectionalism, which is the loyalty to interests or views in one's region of a country rather than the views or interests of the country as a whole. Sectionalism kick started the idea of sucession from the union ...
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 …
Historical Background of the 1987 Constitution The history of the 1987 Constitution began on 11 April 1899, the date when the Treaty of Paris between the United and Spain of 10 December 1898 became effective upon the exchange of instruments of ratification of both countries.
The Constitution of the Philippines Popularly known as the 1987 Constitution, is the constitution or the supreme law of the Republic of the Philippines. It was enacted in 1987, during the administration of President Corazon C. Aquino. [1]… 1573 Words 6 Pages Powerful Essays History of Philippine Constitution
of The 1987 Constitution of the Republic of the Philippines: "The national district comprises the Philippine archipelago. with all the islands and Waterss embraced therein. and all other districts over which the Philippines has sovereignty or legal power. consisting of its terrestrial. fluvial and aerial spheres. including its territorial sea. …
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas), Popularly known as the 1987 Constitution, is the constitution or the supreme law of the Republic of the Philippines. It was enacted in 1987, during the administration of President Corazon C. Aquino. [1]
According to Article VII, Section II of 1987 Philippine Constitution, No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such …
The Constitution was a document that was written by our Founding Fathers. It defines what our government is and what it does. It is the basic blueprint for all the laws in the country and it provides the three branches of the U.S government the power it needs to rule this nation effectively.
1987 CONSTITUTION OF THE PHILIPPINES (The Legal Bases) Section 1. - Right of all citizens to quality education at all levels. Section 2. -Complete, Adequate and Integrated system of Education. -Free Public Elementary and Secondary Education. -Scholarship grants, subsidies and other incentives.
Summary of the 1987 Philippines Constitution. PREAMBLE —Meaning The term preamble comes from the Latin word 'preambular' which means 'to walk before'. Strictly speaking, preamble is not an integral part of the Constitution. Its true office is to expound on the scope and nature, the extent and application of the powers conferred by the Constitution.
These are the following: The constitution of liberty which is symbolized by the presence of a Bill of Rights, elaborates the citizens' civil and political rights as well as the imitation imposed on the side of the government in the regulation of the same. It is found in Article Ill (Bill of Rights) of our constitution.
The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.
The Framing and Ratification of the 1987 Philippine Constitution On April 1986, President Aquino issued Proclamation No. 9 creating a constitutional commission to draft a new constitution as provided for in the Freedom Constitution. President Corazon C. Aquino addressed the opening session on June 2, 1986 at the former Batasang Pambansa ...
Summary of the Article III of the 1987 Constitution of the Republic of the Philippines Bill of Rights Article III enumerates the fundamental rights of the Filipino people. The Bill of Rights sets the limits to the government's power which proves to be not absolute.
SUMMARY / REVIEWER OF THE 1987 PHILIPPINE CONSTITUTION. Jocelyn Frago. • 1521 -discovered by Ferdinand Magellan • 1898 -the Philippines was ceded by Spain to United States by the Treaty of Paris • The Judiciary -the Royal Audencia, established in 1853 was the Supreme Court of the Philippines during Spanish times.
Essay Sample Check Writing Quality Outline of the 1987 Constitution of the Philippines I. PREAMBLE A. The Constitution is ordained and promulgated by the sovereign Filipino people, with the implored aid of God. B. Purposes of creating the Constitution i. To build a just and humane society ii.
The Fourth Amendment reads according to the U.S. Constitution (1995), the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place ...