• Background of the 1987 ConstitutionIn 1986. following the People Power Revolution which ousted Ferdinand Marcos as president. and following on her ain startup. Corazon Aquino issued Proclamation No. 3. declaring a national policy to implement the reforms mandated by the people. protecting their basic rights. following a probationary fundamental law. and supplying for an orderly interlingual rendition to a authorities under a new fundamental law. [ 4 ] President Aquino subsequently issued Proclamation No. 9. making a Constitutional Commission ( popularly abbreviated “Con Com” in the Philippines ) to border a new fundamental law to replace the 1973 Constitution which took consequence during the Marcos soldierly jurisprudence government. Aquino appointed 50 members to the Commission. The members of the Commission were drawn from varied backgrounds. including several former congresswomans. a former Supreme Court Chief Justice ( Roberto Concepcion ) . a Catholic bishop ( Teodoro Bacani ) and movie manager ( Lino Brocka ) .
Aquino besides intentionally appointed 5 members. including former Labor Minister Blas Ople. who had been allied with Marcos until the latter’s ejector. After the Commission had convened. it elected as its president Cecilia Munoz-Palma. who had emerged as a prima figure in the anti-Marcos resistance following her retirement as the first female Associate Justice of the Supreme Court. The Commission finished the bill of exchange charter within four months after it was convened. Several issues were hotly debated during the Sessionss. including on the signifier of authorities to follow. the abolishment of the decease punishment. the continued keeping of the Clark and Subic American military bases. and the integrating of economic policies into the Constitution. Brocka would walk out of the Commission before its completion. and two other delegates would dissent from the concluding bill of exchange.
The ConCom completed their undertaking on October 12. 1986 and presented the bill of exchange fundamental law to President Aquino on October 15. 1986. After a period of countrywide information run. a plebiscite for its confirmation was held on February 2. 1987. More than three-fourth of all ballots cast. 76. 37 % ( or 17. 059. 495 electors ) favored confirmation as against 22. 65 % ( or 5. 058. 714 electors ) who voted against confirmation. On February 11. 1987. the new fundamental law was proclaimed sanctioned and took consequence. On that same twenty-four hours. Aquino. the other authorities functionaries. and the Armed Forces of the Philippines pledged commitment to the Constitution.
Significant characteristics of the 1987 Fundamental law
The Constitution establishes the Philippines as a “democratic and republican State” . where “sovereignty resides in the people and all authorities authorization emanates from them” . ( Section 1. Article II ) Consistent with the philosophy of separation of powers. the powers of the national authorities are exercised in chief by three subdivisions — the executive subdivision headed by the President. the legislative subdivision composed of Congress and the judicial subdivision with the Supreme Court busying the highest grade of the bench. The President and the members of Congress are straight elected by the people. while the members of the Supreme Court are appointed by the President from a list formed by the Judicial and Bar Council. As with the American system of authorities. it is Congress which enacts the Torahs. topic to the veto power of the President which may however be overturned by a two-thirds ballot of Congress ( Section 27 ( 1 ) . Article VI ) . The President has the constitutional responsibility to guarantee the faithful executing of the Torahs ( Section 17. Article VII ) . while the tribunals are expressly granted the power of judicial reappraisal ( Section 1. Article VIII ) . including the power to invalidate or construe Torahs.
The President is besides recognized as the commander-in-chief of the armed forces ( Section 18. Article VII ) . The Constitution besides establishes limited political liberty to the local authorities units that act as the municipal authoritiess for states. metropoliss. municipalities. and barangays. ( Section 1. Article X ) Local authoritiess are by and large considered as falling under the executive subdivision. yet local statute law requires enactment by duly elected local legislative organic structures. The Constitution ( Section 3. Article X ) mandated that the Congress would ordain a Local Government Code. The Congress punctually enacted Republic Act No. 7160. The Local Government Code of 1991. which became effectual on 1 January 1992. [ 5 ] The Supreme Court has noted that the Bill of Rights “occupies a place of primacy in the cardinal law” . [ 6 ] The Bill of Rights. contained in Article III. enumerates the specific protections against State power. Many of these warrants are similar to those provided in the American fundamental law and other democratic fundamental laws. including the due procedure and equal protection clause. the right against indefensible hunts and ictuss. the right to liberate address and the free exercising of faith. the right against self-incrimination. and the right to habeas principal.
The range and restrictions to these rights have mostly been determined by Philippine Supreme Court determinations. Outside of the Bill of Rights. the Constitution besides contains several other commissariats reciting assorted province policies including. i. e. . the avowal of labour “as a primary societal economic force” ( Section 14. Article II ) ; the equal protection of “the life of the female parent and the life of the unborn from conception” ( Section 12. Article II ) ; the “Filipino household as the foundation of the nation” ( Article XV. Section 1 ) ; the acknowledgment of Filipino as “the national linguistic communication of the Philippines” ( Section 6. Article XVI ) . and even a demand that “all educational establishments shall set about regular athleticss activities throughout the state in cooperation with athletic nines and other sectors. ” ( Section 19. 1. Article XIV )
Whether these commissariats may. by themselves. be the beginning of enforceable rights without attach toing statute law has been the topic of considerable argument in the legal domain and within the Supreme Court. The Court. for illustration. has ruled that a proviso necessitating that the State “guarantee equal entree to chances to public service” could non be enforced without attach toing statute law. and therefore could non exclude the disallowance of alleged “nuisance candidates” in presidential elections. [ 7 ] But in another instance. the Court held that a proviso necessitating that the State “protect and progress the right of the people to a balanced and healthful ecology” did non necessitate implementing statute law to go the beginning of operative rights. [ 8 ]
Historical fundamental laws
Fundamental law of Biak-na-Bato ( 1897 )
The Katipunan revolution led to the Tejeros Convention where. at San Francisco de Malabon. Cavite. on March 22. 1897. the first presidential and frailty presidential elections in Philippine history were held—although merely the Katipuneros ( members of the Katipunan ) were able to take portion. and non the general public. A ulterior meeting of the radical authorities established at that place. held on November 1. 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan. established the Republic of Biak-na-Bato. The democracy had a fundamental law drafted by Isabelo Artacho and Felix Ferrer and based on the first Cuban Constitution. [ 9 ] It is known as the “Constitucion Provisional de la Republica de Filipinas” . and was originally written in and promulgated in the Spanish and Tagalog linguistic communications. [ 10 ] Malolos Constitution ( 1899 )
The Malolos Constitution was the first republican fundamental law in Asia. [ 11 ] It declared that sovereignty resides entirely in the people. stated basic civil rights. separated the church and province. and called for the creative activity of an Assembly of Representatives to move as the legislative organic structure. It besides called for a Presidential signifier of authorities with the president elected for a term of four old ages by a bulk of the Assembly. [ 12 ] It was titled “Constitucion politica” . and was written in Spanish following the declaration of independency from Spain. [ 13 ] proclaimed on January 20. 1899. and was enacted and ratified by the Malolos Congress. a Congress held in Malolos. Bulacan. [ 14 ] [ 15 ]
Acts of the United States Congress
The Philippines was a United States Territory from December 10. 1898 to March 24. 1934. [ 16 ] As such. the Philippines was under the legal power of the federal authorities of the United States during this period. Two Acts of the Apostless of the United States Congress passed during this period can be considered Filipino fundamental laws in that those Acts of the Apostless defined the cardinal political rules. and established the construction. processs. powers and responsibilities. of the Filipino authorities. 1. The Philippine Organic Act of 1902. sometimes known as the “Philippine Bill of 1902” . was the first organic jurisprudence for the Philippine Islands enacted by the United States Congress. It provided for the creative activity of a popularly elected Philippine Assembly. and specified that legislative power would be vested in a bicameral legislative assembly composed of the Filipino Commission ( upper house ) and the Philippine Assembly ( lower house ) . Its cardinal commissariats included a measure of rights for the Filipinos and the assignment of two nonvoting Filipino occupant commissioners to stand for the Philippines in the United States Congress.
2. The Philippine Autonomy Act of 1916. sometimes known as “Jones Law” . modified the construction of the Filipino authorities by taking the Filipino Commission as the legislative upper house. replacing it with a Senate elected by Filipino electors. This act besides explicitly stated that it was and had ever been the intent of the people of the United States to retreat their sovereignty over the Filipino Islands and to acknowledge Filipino independency every bit shortly as a stable authorities can be established in this. Though non a fundamental law itself. the Tydings-McDuffie Act of 1934 provided authorization and defined mechanisms for the constitution of a formal fundamental law via a constitutional convention.
Commonwealth and Third Republic ( 1935 )
The 1935 Constitution was written in 1934. sanctioned and adopted by the Commonwealth of the Philippines ( 1935-1946 ) and subsequently used by the Third Republic of the Philippines ( 1946-1972 ) . It was written with an oculus to run intoing the blessing of the United States Government every bit good. so as to guarantee that the U. S. would populate up to its promise to allow the Philippines independency and non hold a premiss to keep onto its “possession” on the evidences that it was excessively politically immature and therefore unready for full. existent independency. The original 1935 Constitution provided for unicameral National Assembly and the President was elected to a six-year term without re-election. It was amended in 1940 to hold a bicameral Congress composed of a Senate and House of Representatives. every bit good the creative activity of an independent electoral committee.
The Constitution now granted the President a four-year term with a upper limit of two back-to-back footings in office. A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was stained with apparent graft and corruptness. Possibly the most controversial issue was taking the presidential term bound so that Ferdinand E. Marcos could seek election for a 3rd term. which many felt was the true ground for which the convention was called. In any instance. the 1935 Constitution was suspended in 1972 with Marcos’ announcement of soldierly jurisprudence. the rampant corruptness of the constitutional procedure supplying him with one of his major premises for making so.
Second Republic ( 1943 )
The 1943 Constitution was drafted by a commission appointed by the Philippine Executive Commission. the organic structure established by the Japanese to administrate the Philippines in stead of the Commonwealth of the Philippines which had established a government-in-exile. In mid-1942 Nipponese Premier Hideki Tojo had promised the Filipinos “the award of independence” which meant that the committee would be supplanted by a formal democracy. The Preparatory Committee for Philippine Independence tasked with outlining a new fundamental law was composed in big portion. of members of the prewar National Assembly and of persons with experience as delegates to the convention that had drafted the 1935 Constitution. Their bill of exchange for the democracy to be established under the Nipponese Occupation. nevertheless. would be limited in continuance. supply for indirect. alternatively of direct. legislative elections. and an even stronger executive subdivision. Upon blessing of the bill of exchange by the Committee. the new charter was ratified in 1943 by an assembly of appointed. provincial representatives of the Kalibapi. the organisation established by the Japanese to replace all old political parties.
Upon confirmation by the Kalibapi assembly. the Second Republic was officially proclaimed ( 1943-1945 ) . Jose P. Laurel was appointed as President by the National Assembly and inaugurated into office in October 1943. Laurel was extremely regarded by the Japanese for holding openly criticised the US for the manner they ran the Philippines. and because he had a grade from Tokyo International University. The 1943 Constitution remained in force in Japanese-controlled countries of the Philippines. but was ne'er recognized as legitimate or binding by the authoritiess of the United States or of the Commonwealth of the Philippines and guerilla organisations loyal to them. In late 1944. President Laurel declared a province of war existed with the United States and the British Empire and proclaimed soldierly jurisprudence. basically governing by edict. His authorities in bend went into expatriate in December. 1944. first to Taiwan and so Japan.
After the proclamation of Japan’s resignation. Laurel officially proclaimed the Second Republic as dissolved. Until the sixtiess. the Second Republic. and its officers. were non viewed as legitimate or as holding any standing. with the exclusion of the Supreme Court whose determinations. limited to reappraisals of condemnable and commercial instances as portion of a policy of discretion by Chief Justice Jose Yulo continued to be portion of the functionary records ( this was made easier by the Commonwealth ne'er representing a Supreme Court. and the formal vacancy in the main justness place for the Commonwealth with the executing of Chief Justice Jose Abad Santos by the Japanese ) .
It was merely during the Macapagal disposal that a partial. political rehabilitation of the Japanese-era democracy took topographic point. with the acknowledgment of Laurel as a former president and the add-on of his cabinet and other functionaries to the roll of past authorities functionaries. However. the 1943 charter was non taught in schools and the Torahs of the 1943-44 National Assembly ne'er recognized as valid or relevant. The 1943 Constitution provided strong executive powers. The Legislature consisted of a unicameral National Assembly and merely those considered as anti-US could stand for election. although in pattern most legislators were appointed instead than elected.
The New Society and the Fourth Republic ( 1973 )
The 1973 Constitution. promulgated after Marcos’ declaration of soldierly jurisprudence. was supposed to present a parliamentary-style authorities. Legislative power was vested in a National Assembly whose members were elected for six-year footings. The President was ideally supposed to be elected as the symbolic and strictly ceremonial caput of province from the Members of the National Assembly for a six-year term and could be re-elected to an limitless figure of footings. Upon election. the President ceased to be a member of the National Assembly. During his term. the President was non allowed to be a member of a political party or keep any other office.
Executive power was meant to be exercised by the Prime Minister who was besides elected from the Members of the National Assembly. The Prime Minister was the caput of authorities and Commander-in-Chief of the armed forces. This fundamental law was later amended four times ( arguably five depending on how one considers Proclamation No. 3 of 1986 ) . On October 16-17 1976. a bulk of barangay electors ( Citizen Assemblies ) approved that soldierly jurisprudence should be continued and ratified the amendments to the Constitution proposed by President Marcos. [ 19 ]
The 1976 amendments were:
•an Interim Batasang Pambansa ( IBP ) replacing for the Interim National Assembly •the President would besides go the Prime Minister and he would go on to exert legislative powers until soldierly jurisprudence should hold been lifted. The Sixth Amendment authorized the President to pass:
Whenever in the judgement of the President there exists a sedate exigency or a menace or imminency thereof. or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to move adequately on any affair for any ground that in his judgement requires immediate action. he may. in order to run into the exigency. publish the necessary edicts. orders or letters of instructions. which shall organize portion of the jurisprudence of the land. The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment. the retirement age of the members of the Judiciary was extended to 70 old ages. In the 1981 amendments. the false parliamentary system was officially modified into a French-style semi-presidential system: •executive power was restored to the President ;•direct election of the President was restored ;•an Executive Committee composed of the Prime Minister and non more than 14 members was created to “assist the President in the exercising of his powers and maps and in the public presentation of his responsibilities as he may order ; ” and the Prime Minister was a mere caput of the Cabinet.•Further. the amendments instituted electoral reforms and provided that a natural born citizen of the Philippines who has lost his citizenship may be a transferee of private land for usage by him as his abode. The last amendments in 1984 abolished the Executive Committee and restored the place of Vice-President ( which did non be in the original. unamended 1973 Constitution ) . In existent pattern. while the 1973 Constitution was ideally supposed to put up a true parliamentary system. the late President Marcos had made usage of blind and use in order to maintain executive power for himself. instead than devolving executive powers to the Parliament. as headed by the Prime Minister.
The terminal consequence was that the 1973 Constitution – due to all amendments and elusive uses – was simply the abolishment of the Senate and a series of decorative text-changes where the old American-derived nomenclatures such House of Representatives became known as the “Batasang Pambansa” ( National Assembly ) . Departments became known as “Ministries” . cabinet secretaries became known as “cabinet ministers” . and the President’s helper – the Executive Secretary – became known as the “Prime Minister. ” Ultimately. Marcos’ alleged “Parliamentary System” hence functioned as an authoritarian-run Presidential System due to the series of amendments and other alterations put in topographic point after the 1973 Constitution was ratified. 1986 “Freedom Constitution”
Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos from office. the new President. Corazon C. Aquino issued Proclamation No. 3 as a probationary fundamental law to would fix for the following fundamental law. It adopted certain commissariats from the 1973 fundamental law and granted the President wide powers to reorganize the authorities and take functionaries from office. and mandated that the president would name a committee to outline a new fundamental law.
refference/source ; # a B “The 1987 Fundamental law of the Republic of the Philippines” . 15 October 1986. hypertext transfer protocol: //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/70-1987-constitution. hypertext markup language. Retrieved 2008-04-03. # ^ Isagani Cruz ( 1993 ) . Constitutional Law. Quezon City. Philippines: Cardinal Lawbook Publishing Co. . Inc. . pp. 19. ISBN 971-16-0184-2. # ^ Joaquin Bernas. S. J. ( 1996 ) . The 1987 Constitution of the Republic of the Philippines: A Commentary. Manila. Philippines: Rex Book Store. pp. xxxiv-xxxix. ISBN 971-23-2013-8. # ^ “1986 Provisional “Freedom” Constitution of the Republic of the Philippines” . 25 March 1986. hypertext transfer protocol: //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/69-1986-constitution. hypertext markup language. Retrieved 2008-04-03. # ^ “Local Government Code of 1991” . 1 January 1992. hypertext transfer protocol: //www. chanrobles. com/localgov. htm. Retrieved 2007-06-09. # ^ “People vs. Tatud ( G. R. No. 144037 ) ” . Supreme Court of the Philippines. 26 September 2003. hypertext transfer protocol: //www. supremecourt. gov. ph/jurisprudence/2003/sep2003/144037. htm. Retrieved 2007-06-09. # ^ “Pamatong vs. Comelec ( G. R. No. 161872 ) ” . SupremeCourt of the Philippines. 13 April 2004. hypertext transfer protocol: //www. supremecourt. gov. ph/jurisprudence/2004/apr2004/161872. htm. Retrieved 2007-06-09. # ^ “Oposa et Al. v. Fulgencio ( G. R. No. 101083 ) ” . Supreme Court of the Philippines ( requoted by Lawphil. cyberspace ) . 30 July 1993. hypertext transfer protocol: //www. lawphil. net/judjuris/juri1993/jul1993/gr_101083_1993. hypertext markup language. Retrieved 2007-06-09. # ^ Wikisource-logo. svg 1897 Constitution of Biak-na-Bato ( Philippines ) at Wikisource. # ^ “1897 Biac-na-Bato Constitution” . Corpus Juris. 1 November 1897. hypertext transfer protocol: //www. thecorpusjuris. com/laws/constitutions/8-philippineconstitutions/300-1897-biac-na-bato-constitution. hypertext markup language? showall=1. Retrieved 2009-01-25. # ^ Tucker. Spencer C. ( 2009 ) . The encyclopaedia of the Spanish-American and Philippine-American wars: a political. societal. and military history. ABC-CLIO. p. 364. ISBN 9781851099511. hypertext transfer protocol: //books. Google. com/ ? id=8V3vZxOmHssC # ^ Guevara. Sulpico. erectile dysfunction ( 2005 ) . The Torahs of the first Philippine Republic ( the Torahs of Malolos ) 1898-1899. . Ann Arbor. Michigan: University of Michigan Library ( published 1972 ) . pp. 104–119. hypertext transfer protocol: //quod. lib. umich. edu/cgi/t/text/text-idx? c=philamer ; iel=1 ; view=toc ; idno=aab1246. 0001. 001. Retrieved 2008-03-26. ( English interlingual rendition by Sulpicio Guevara ) # ^ Guevara 2005. p. 88.