Evolution of the Philippine Constitution

1943 Constitution (1943-1945)

  • Japanese-sponsored Second Republic of the Philippines.
  • Recognized as legitimate and binding only in Japanese-controlled areas.
  • Ignored by the United States government and the Philippine Commonwealth government in exile.
  • June 16, 1943: Premier Hideki Tojo promised independence to the Philippines.
  • KALIBAPI (Kapisanan sa Paglilingkod sa Bagong Pilipinas) formed the Preparatory Committee on Philippine Independence (PCPI).
  • PCPI composed of 20 delegates tasked with drafting the new Constitution.
  • The Japanese monitored the drafting of the constitution and instructed PCPI members, led by Jose P. Laurel, to conform with the principles of the Greater East Asia Co-Prosperity Sphere.
  • September 4, 1943: The new Constitution was approved by the Preparatory Committee on Philippine Independence.
  • September 7, 1943: The new Constitution was ratified by the KALIBAPI.
  • October 14, 1943: Inauguration ceremonies held in front of the Legislative Building in Manila.
  • Jose P. Laurel assumed office as President of the Second Republic.
  • The constitution consisted of a preamble and twelve articles, creating a Republican state with a powerful executive branch and subordinate legislative and judicial branches.
  • Duties and rights of citizens were enumerated.
  • Government required to develop Tagalog as the national language.
  • One year after the termination of the Great East Asia War or World War II, a new constitution was to be formulated and adopted.
  • The 1943 Constitution Articles:
    • Article I - The Republic of the Philippines
    • Article II - The Executive
    • Article III - The Legislature
    • Article IV - The Judiciary
    • Article V - Impeachment
    • Article VI - Citizenship
    • Article VII - Duties and Rights of the Citizen
    • Article VIII - Conservation and Utilization of Natural Resources
    • Article IX - General Provisions
    • Article X - Amendments
    • Article XI - Transitory Provisions
    • Article XII - Special Provisions

1973: Constitutional Authoritarianism

Post-War Philippine Government

  • 1935 Constitution
    • In force from 1935 to 1946.
    • Philippines was a Commonwealth country under American control.
    • Replaced the Tydings-McDuffie Act of 1934.
    • Designed and implemented during President Manuel L. Quezon's administration.

Marcos Era

  • 1965: Ferdinand E. Marcos won the presidency.
  • 1967: The Philippine Congress established a resolution proposing a constitutional conference to change the 1935 Constitution.
  • 1969: Marcos was re-elected.
  • August 24, 1970: RA No. 6132 approved, establishing November 20, 1970, as the election day for the 320 delegates to the Constitutional Convention.
  • June 1, 1971: The constitutional convention was officially inaugurated.
  • Carlos P. Garcia was chosen as convention president.
  • Diosdado Macapagal took over as convention president after Garcia's death.

Start of Martial Law

  • Martial Law was implemented before the convention's completion.
  • Marcos justified Martial Law using the 1935 Constitution, pointing to a growing communist revolution.
  • Marcos issued Proclamation No. 1081 placing the entire country under martial law.
  • The convention's course changed when Marcos took over as dictator.
  • Rumors suggested that the president personally dictated parts of the document's contents and altered it to prolong his control.
  • The convention approved the proposed constitution.
  • Under the proposed constitution:
    • The National Assembly, a unicameral body with members chosen for six-year terms, would have the authority to enact laws.
    • The president was to serve as the ceremonial and symbolic head of state, selected from among the members of the National Assembly, with an unrestricted number of terms.
  • Executive power was relegated to the Prime Minister.
  • The Prime Minister was also the head of government and Commander-in-Chief of the Armed Forces, elected from the National Assembly.
  • President Marcos issued Presidential Decree No. 73 setting the date of the plebiscite to ratify the proposed constitution.
  • The plebiscite was postponed due to Marcos' fear of public rejection.
  • The President issued a proclamation announcing the proposed constitution's ratification by the Citizen Assemblies.
  • The constitution underwent multiple amendments.
  • The citizen assemblies voted to uphold the modifications that would keep martial law in place including:
    • The creation of an Interim Batasang Pambansa to replace the Interim National Assembly.
    • The president's appointment as prime minister and his continued ability to exercise legislative authority until the end of martial law.
    • The president's emergency
  • The retirement age of members of the judiciary was extended to 70 years.
  • The parliamentary system was formally modified to a French-style, semi-presidential system.
    • Executive power was restored to the president, who was, once again, to be directly elected.
    • An Executive Committee was to be created, composed of the Prime Minister and 14 others, that served as the president’s Cabinet
    • Some electoral reforms were instituted.
  • The Executive Committee was abolished.
  • The position of the vice president was restored.
  • Widespread suspicion arose that the orders to assassinate Aquino came from the top levels of the government and the military.
  • This event caused the coming together of non-violent opposition against the Marcos authoritarian regime.
  • Marcos was then forced to hold “snap” elections a year early.
  • Said elections were marred by widespread fraud.
  • Marcos declared himself winner despite international condemnation and nationwide protests.
  • Discontent had been growing as Marcos consolidated his control.
  • The tide quickly reversed on August 21, 1983 when opposition leader Benigno Aquino Jr., who was thought to be President Marcos' most probable replacement, was killed while being escorted by the military

EDSA People Power

  • A small group of military rebels attempted to stage a coup but failed.
  • This triggered the EDSA People Power Revolution of 1986, as people from all walks of life spilled onto the streets.
  • The Marcos family left for exile due to pressure from the United States of America.
  • On February 25, 1986, Corazon Aquino gained the presidency.

1987: Constitution After Martial Law

  • Officially adopted during President Corazon Aquino's term.
  • The government had three options:
    • Revert to the 1935 Constitution
    • Retain the 1973 Constitution
    • Be granted the power to make reforms
  • The new constitution would be "truly reflective of the aspirations and ideals of the Filipino people."

Brief History of the Constitution:

  • Transitional constitution (a.k.a Freedom Constitution)
    • Lasted for a year while a Constitutional Commission drafted a permanent constitution.
    • It maintained many provisions of the old one.
  • Constitutional convention
    • Created in 1986, composed of 48 members appointed by President Aquino from varied backgrounds and representations.
    • Drew up a permanent constitution
  • Contained a preamble and eighteen self-contained articles.
  • Philippines as a "democratic republican State"
  • Three independent Constitutional Commissions:
    • Civil Service Commission
    • Commission on Elections
    • Commission on Audit
  • Office of the Ombudsman created to investigate complaints pertaining to public corruption, unlawful behavior of public officials, and other public misconduct.
  • Ombudsman can charge public officials before the Sandiganbayan.
  • House of Representatives can only initiate the impeachment of the president, members of the Supreme Court, and the Ombudsman.
  • Three branches of the government:
    • Executive
    • Legislative
    • Judiciary

Three branches of the government

The Executive

  • President:
    • Head of the state.
    • Chief executive.
    • Branch has the power to appoint his cabinet.
    • Power is limited by significant checks.
    • In cases of national emergency, he/she may still declare martial law, but not longer than sixty days.
  • Congress, through a majority vote, can revoke martial law, or extend it.
  • Supreme Court may also review the declaration of martial law.
  • President & Vice president elected at large by a

The Legislative Branch

  • Congress: Where the power resides.
  • Two Houses:
    • Senate (upper house).
    • House of Representatives (lower house).
  • Senate: 24 senators are elected by vote, with no more than two consecutive six-year terms of service.
  • House of Representatives: District representatives, 80% of the total representatives.
  • Legislative districts: 234 of these in the Philippines elect their representatives to serve three-year terms.
  • Party-list system: Created to provide spaces for the participation of underrepresented community sectors or groups.
  • Party-list representatives: May fill up not more than 20% of the seats in the House.
  • Congress: May also declare war, through a two-thirds vote in both upper and lower houses.
  • Power of legislation: Subject to an executive check, as the president retains

The Judicial Branch

  • Philippine Court system: Vested with the power.
  • Supreme Court and lower courts as created by law.
  • Supreme Court: A 15-member court appointed by the president with the need to be confirmed by Congress. In charge of overseeing the functioning and administration of the lower courts and their personnel.
  • 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.

Con-Ass

Article XVII of the 1987 Constitution provides for three ways by which the Constitution can be changed:

  • Constituent Assembly
  • Constitutional Convention
  • People's Initiative
  • Congress (House of Representatives and the Senate) may convene to propose amendments to the Constitution.
  • Where Congress, upon a vote of two-thirds of all its members, calls for this. They may also submit to the electorate the question of calling a convention through a majority vote of all its members.
  • May be proposed by the people upon a petition of at least 12% of the total number of registered voters. All legislative districts must be represented by at least 12% of the registered votes therein.

Attempts to Amend or Change the 1987 Constitution

  • First attempt (1995): When then Secretary of National Security Council Jose Almonte drafted a constitution, but it was exposed to the media, and it never prospered.
  • Second attempt (1997): When a group called PIRMA hoped to gather signatures from voters to change the constitution through a people's initiative.
  • Joseph Ejercito Estrada, formed a study commission to investigate the issues surrounding charter change focusing on the economic and judiciary provisions of the constitution.
  • House Speaker Jose de Venecia endorsed constitutional change through a Constituent Assembly, which entails a two-thirds vote of the House to propose amendments or revision to the Constitution.

Federalism in the Philippines

  • President Rodrigo Duterte, a known advocate of federalism.
  • Central governing authority and constituent political units constitutionally share sovereignty.
  • Country will be broken into autonomous regions.
  • Each region will be further divided into local government units.
  • Regions will have the primary responsibility of industry development
  • The nation will only handle matters of national interest