1987 Philippine Constitution Summary
Christina Smith
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.
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.
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.
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.
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.
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.
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.
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.
Since President Duterte was elected in 2016 on a promise of constitutional change for the Philippines, debates among politicians and citizens have centred on the question of whether the 1987 Constitution addressed the aspirations of the Philippine people and nation.
Constitutional reform in the Philippines, also known as charter change (colloquially cha-cha),[1] refers to the political and legal processes needed to amend the current 1987 Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a People's Initiative, a Constituent Assembly or a Constitutional Convention.[2][3][4]
A fourth method, by both houses passing a joint concurrent resolution with a supermajority of at least 75%, has been proposed by House Speaker Feliciano Belmonte, Jr. who subsequently submitted to the House of Representatives "Resolution of Both Houses No. 1".[5] This "simple legislation as the means to amend" would only require approval by both Houses voting separately.[6] All proposed amendment methods must be ratified by a majority vote in a national referendum.[6]
The Supreme Court ruled in 1997 that the People's Initiative method of amending the constitution is "fatally defective", or inoperable. Another ruling in 2006 on another attempt at a People's Initiative was ruled unconstitutional by the court [15] This only leaves the Constituent Assembly and the Constitutional Convention as the valid ways to amend the constitution.
The President, through official proclamation or executive order, may create a consultative body that will study and propose amendments or revisions to the constitution. However, the draft of the consultative committee will only serve as a guide for the constitutional body that will propose amendments or revisions to the Constitution.
The first attempt to amend the 1987 Constitution was under President Fidel Ramos. Among the proposed changes in the constitution included a shift to a senatorial system and the lifting of term limits of public officials. Ramos argued that the changes will bring more accountability, continuity, and responsibility to the "gridlock"-prone Philippine version of presidential bicameral system. Some politically active religious groups, opposition politicians, business tycoons and left-wing organizations opposed the process that was supposed to lead to a national referendum. Critics argued that the proposed constitutional changes for one would benefit the incumbent, Ramos. On September 21, 1997, a church-organized rally brought in an estimated half a million people to Rizal Park.[19]
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