Evolution of the Philippine Constitution PDF

EVOLUTION OF THE PHILIPPINE CONSTITUTION The constitution is defined as a set of fundamental principles or established precedents according to which a state or other organization is governed, thus, the word itself means to be a part of a whole, the coming together of distinct entities into one group...

EVOLUTION OF THE PHILIPPINE CONSTITUTION The constitution is defined as a set of fundamental principles or established precedents according to which a state or other organization is governed, thus, the word itself means to be a part of a whole, the coming together of distinct entities into one group, with the same principles and ideals. These principles define the nature and extent of government. The Constitution of the Philippines, the supreme law of the Republic of the Philippines, has been in effect since 1987. There were only three other constitutions that have effectively governed the country: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. However, there were earlier constitutions attempted by Filipinos in the struggle to break free from the colonial yoke. 1897: CONSTITUTION OF BIAK-NA-BATO The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine Republic during the Philippine Revolution and was promulgated by the Philippine Revolutionary Government on 1 November,1897. The constitution, borrowed from Cuba, was written by Isabelo Artacho and Félix Ferrer in Spanish, and later, translated into Tagalog. The organs of the government under the Constitution were: (1) the Supreme Council, which was vested with the power of the Republic, headed by the president and four department secretaries: the interior, foreign affairs, treasury, and war; (2) the Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice), which was given the authority to make decisions and affirm or disprove the sentences rendered by other courts and to dictate rules for the administration of justice; and (3) the Asamblea de Representantes (Assembly of Representatives), which was to be convened after the revolution to create a new Constitution and to elect a new Council of Government and Representatives of the people. The Constitution of Biak-na-Bato was never fully implemented, since a truce, the Pact of Biak-na- Bato, was signed between the Spanish and the Philippine Revolutionary Army. 1899: MALOLOS CONSTITUTION After the signing of the truce, the Filipino revolutionary leaders accepted a payment from Spain and went to exile in Hong Kong. Upon the defeat of the Spanish to the Americans in the Battle of Manila Bay on 1 May 1898, the United States Navy transported Aguinaldo back to the Philippines. The newly reformed Philippine revolutionary forces reverted to the control of Aguinaldo, and the Philippine Declaration of Independence was issued on 12 June 1898, together with several decrees that formed the First Philippine Republic. The Malolos Congress was elected, which selected a commission to draw up a draft constitution on 17 September 1898, which was composed of wealthy and educated men. The document they came up with, approved by the Congress on 29 November 1898, and promulgated by Aguinaldo on 21 January 1899, was titled "The Political Constitution of 1899 and written in Spanish. The constitution has 39 articles divided into 14 titles, with eight articles of transitory provisions, and a final additional article. The document was patterned after the Spanish Constitution of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, and the French Constitution of 1793. According to Felipe Calderon, main author of the constitution, these countries were studied because they shared Similar social, political, ethnological, and governance conditions with the Philippines. Prior constitutional projects in the Philippines also influenced the Malolos Constitution, namely, the Kartilya and the Sanggunian Hukuman, the charter of laws and morals of the Katipunan written by Emilio Jacinto in 1896; the Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho; Mabini's Constitutional Program of the Philippine Republic of 1898; the provisional constitution ot Mariano Ponce in 1898 that followed the Spanish constitutions; and the autonomy projects of Paterno in 1898. 1935: THE COMMONWEALTH CONSTITUTION It is worth mentioning that after the Treaty of Paris, the Philippines was subject to the power of the United States of America, effectively the new colonizers of the country. From 1898 to 1901, the Philippines would be placed under a military government until a civil government would be put into place. Two acts of the United States Congress were passed that may be considered to have qualities of constitutionality. First was the Philippine Organic Act of 1902, the first organic law for the Philippine Islands that provided for the creation of a popularly elected Philippine Assembly. The act specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission as the upper house and the Philippine Assembly as lower house. Key provisions of the act included a bill of rights for Filipinos and the appointment of two non-voting Filipino President Commissioners of the Philippines as representative to the United States House of Representatives. The second act that functioned as a constitution was the Philippine Autonomy Act of 1916, commonly referred to as "Jones Law," which modified the structure of the Philippine government through the removal of the Philippine Commission, replacing it with a Senate that served as the upper house and its members elected by the Filipino voters, the first truly elected national legislature. It was also this Act that explicitly declared the purpose of the United States to end their sovereignty over the Philippines and recognize Philippine independence as soon as a stable government can be established. In 1932, with the efforts of the Filipino independence mission led by Sergio Osmeña and Manuel Roxas, the United States Congress passed the Hare-Hawes-Cutting Act with the promise of granting Filipinos independence. The bill was opposed by then Senate President Manuel L. Quezon and consequently, rejected by the Philippine Senate By 1934, another law, the Tydings-McDuffie Act, also known as the Philippine Independence Act, was passed by the United States Congress that provided authority and defined mechanisms for the establishment of a formal constitution by a constitutional convention. The members of the convention were elected and held their first meeting on 30 July 1934, with Claro M. Recto unanimously elected as president. The constitution was drafted to meet the approval of the United States government, and to ensure that the United States would live up to its promise to grant independence to the Philippines. 1973: CONSTITUTIONAL AUTHORITARIAN In 1965, Ferdinand E. Marcos was elected president, and in 1967 Philippine Congress passed a resolution calling for a constitutional convention to change the 1985 Constitution. Marcos won the re-election " 1969, in a bid boosted by campaign overspending and use of government funds. Elections of the delegates to the constitutional convention were held on 20 November 1970, and the convention began formally on l June 1971, with former President Carlos P. Garcia being elected as convention president. Unfortunately, he died, and was succeeded by another former president, Diosdado Macapagal. Before the convention finished its work, Martial Law was declared. Marcos cited a growing communist insurgency as reason for the Martial Law, which was provided for in the 1935 Constitution. Some delegates of the ongoing constitutional convention were placed behind bars and others went into hiding or were voluntary exiled. With Marcos as dictator, the direction of the convention turned, with accounts that the president himself dictated some provisions of the constitution, manipulating the document to be able to hold on to power for as long as he could. On 29 November 1972, the convention approved its proposed constitution. The constitution was supposed to introduce a parliamentary-style government, where legislative power was vested in a unicameral National Assembly, with members being elected to a six-year term. The president was to be elected as the symbolic and ceremonial head of state chosen from the members of the National Assembly. The president would serve a six-year term and could be re-elected to an unlimited number of terms. Executive power was relegated to the Prime Minister, who was also the head of government and Commander- in-Chief of the Armed Forces who was also to be elected from the National Assembly. President Marcos issued Presidential Decree No. 73 setting the date of the plebiscite to ratify or reject the proposed constitution on 30 November 1973. This plebiscite was postponed later on since Marcos feared that the public might vote to reject the constitution. Instead of a plebiscite, Citizen Assemblies were held, from 10-15 January 1973, where the citizens coming together and voting by hand, decided on whether to ratify the constitution, suspend the convening of the Interim National Assembly, continue Martial Law, or place a moratorium on elections for a period of at least several years. The President, on 17 January 1973, issued a proclamation announcing that the proposed constitution had been ratified by an overwhelming vote of the members of the highly irregular Citizen Assemblies. The constitution was amended several times. In 1976, Citizen Asemblies, once again, decided to allow the continuation of Martial Law, well as approved the amendments: an lnterim Batasang Pambansa to substitute for the Interim National Assembly, the president to also become the Prime Minister and continue to exercise legislative powers until Martial Law was lifted and authorized the President to legislate on his own on an emergency basis. An overwhelming majority would ratify further amendments succeedingly. In 1980, the retirement age of members of the judiciary was extended to 70 years. In 1981, the parliamentary system was formally modified to a French- style, semi-presidential system where 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; and some electoral reforms were instituted. In 1984, the Executive Committee was abolished, and the position of the vice president was restored. After all the amendments introduced, the 1973 Constitution was merely a way for the President to keep executive powers, abolish the Senate, and by any means, never acted as a parliamentary system, instead functioned as an authoritarian presidential system, with all the real power concentrated in the hands of the president, with the backing of the constitution. The situation in the 1980s had been very turbulent. As Marcos amassed power, discontent has also been burgeoning. The tide turned swiftly when in August 1983, Benigno Aquino Jr., opposition leader and regarded as the most credible alternative to President Marcos, was assassinated while under military escort immediately after his return from exile in the United States. There was widespread suspicion that the orders to assassinate Aquino came from the top levels of the government and the military. This event caused the coming together of the non-violent opposition against the Marcos authoritarian regime. Marcos was then forced to hold "snap' elections a year early, and said elections were marred by widespread fraud Marcos declared himself winner despite international condemnation and nationwide protests. A small group of military rebels attempted to stage a coup, but failed; however, this triggered what came to be known as the EDSA People Power Revolution of 1986, as people from all walks of life spilled onto the streets. Under pressure from the United States of America, who used to support Marcos and his Martial Law, the Marcos family fled into exile His opponent in the snap elections, Benigno Aquino Jr.s widow, Corazon Aquino, was installed as president on 25 February 1986. 1987: Constitution After Martial Law President Corazon Aquino's government had three options regarding the constitution: revert to the 1935 Constitution, retain the 1973 Constitution and be granted the power to make reforms, or start anew and break from the "vestiges of a disgraced dictatorship." They decided to make a new constitution that, according to the president herself, should be "truly reflective of the aspirations and ideals of the Filipino people. In March 1986, President Aquino proclaimed a transitional constitution to last for a year while a Constitutional Commission drafted a permanent constitution. This transitional constitution, called the Freedom Constitution, maintained many provisions of the old one, including in rewritten form the presidential right to rule by decree. In 1986, a constitutional convention was created, composed of 48 members appointed by President Aquino from varied backgrounds and representations. The convention drew up a permanent constitution, largely restoring the setup abolished by Marcos in 1972, but with new ways to keep the president in check, a reaction to the experience of Marcos's rule. The new constitution was officially adopted on 2 February 1987. The Constitution begins with a preamble and eighteen self-contained articles. It established the Philippines as a "democratic republican State" where "sovereignty resides in the people and all government authority emanates from them. It allocates governmental powers among the executive, legislative, and judicial branches of the government. The Executive branch is headed by the president and his he appoints. The president is the head of the state and the chief executive, but his power 1s limited by significant checks from the two other co-equal branches of government, especially during times of emergency. This is put in place to safeguard the country from the experience of martial law despotism during the presidency of Marcos. In cases of national emergency, the president may still declare martial law, but not longer than a period of sixty days. Congress, through a majority vote, can revoke this decision, or extend it for a period that they determine. The Supreme Court may also review the declaration of martial law and decide if there were sufficient justifying facts for the act. The president and the vice president are elected at large by a direct vote, serving a single six-year term. The legislative power resides in a Congress divided into two Houses: the Senate and the House of Representatives. The 24 senators are elected at large by popular vote, and can serve no more than two consecutive six year terms. The House is composed of district representatives representing a particular geographic area and makes up around 80% of the total number representatives. There are 234 legislative districts in the Philippines that elect their representatives to serve three-year terms, The 1987 Constitution created a party-list system to provide spaces for the participation of under-represented community sectors or groups. Party-list representatives may fil up not more than 20% of the seats in the House. Aside from the exclusive power of legislation, Congress may also declare war, through a two- thirds vote in both upper and lower houses, the power of legislation, however, is also subject to an executive check, as the president retains the power to veto or stop a bill from becoming a law. Congress may only override this power with a two-thirds vote in both houses. The Philippine Court system is vested with the power of the judiciary and is composed of a Supreme Court and lower courts as created by law. The Supreme Court 1s a 15-member court appointed by the president w1thout the need to be confirmed by Congress. The appointment the president makes, however, is limited to a list of nominees provided by a constitutionally specified Judicial and Bar Council. 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 is also in charge of overseeing the functioning and administration ot the lower courts and their personnel. The Constitution also established three independent Constitutional Commissions, namely, the Civil Service Commission, a central agency in charge of government personnel; the Commission on Elections, mandated to enforce and administer all election laws and regulations; and the Commission on Audit, which examines all funds, transactions, and property accounts of the government and its agencies. To further promote the ethical and lawful conduct of the government, the Office of the Ombudsman was created to investigate complaints that pertain to public corruption, unlawful behavior of public officials, and other public misconduct. The Ombudsman can charge public officials before the Sandiganbayan, a special court created for this purpose. Changing the Constitution is a perennial issue, and terms such as "Cha-Cha," "Con-Ass," and "Con-Con'" are regularly thrown around. Article XVII of the 1987 Constitution provides for three ways by which the Constitution can be changed. Congress (House of Representatives and the Senate) may convene as a Constituent Assembly (or Con-Ass) to propose amendments to the Constitution. It is not clear, however, if Congress is to vote as a single body or separately. How the Congress convenes as a Con-Ass is also no provided for in the Constitution. Another method is through the Constitutional Convention (or Con-Con), where Congress, upon a vote of two-thirds of all its members, calls for a constitutional convention. They may also submit to the electorate the question of calling a convention through a majority vote of all its members. In a Con-Con, delegates will propose amendments or revisions to the constitution, not Congress. The 1987 Constitution does not provide for a method by which delegates to the Con-Con are chosen. The third method is called the "People's Initiative" (or P). In this method, amendments to the Constitution 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. No amendment is allowed more than once every five years since a successful PL. The 1987 Constitution directs the Congress to enact a law to implement provisions of the PI, which has not yet materialized. Amendments or revision to the constitution shall be valid only when ratified by a majority of the votes cast in a national referendum. Only the House of Representatives can initiate the impeachment of the president, members of the Supreme Court, and other constitutionally protected public officials such as the Ombudsman. The Senate will then try the impeachment case. This is another safeguard to promote moral and ethical conduct in the government. ATTEMPTS TO AMEND OR CHANGE THE 1987 CONSTITUTION The 1987 Constitution provided for three methods by which the Constitution can be amended, all requiring ratification by a majority vote in a national referendum. These methods were Constituent Assembly, Constitutional Convention, and People's Initiative. Using these modes, there were efforts to amend or change the 1987 Constitution, starting with the presidency of Fidel V. Ramos who succeeded Corazon Aquino. The first attempt was in 1995, when then Secretary of National Security Council Jose Almonte drafted a constitution, but it was exposed to the media and it never prospered. The second effort happened in 1997, when a group called PIRMA hoped to gather signatures from voters to change the constitution through people's initiative. Many were against this, including then Senator Miriam Defensor-Santiago, who brought the issue to court ana won- with the supreme Court judging that a people's initiative cannot push through without an enabling law. The succeeding president, Joseph Ejercito Estrada, formed a study Commission to investigate the issues surrounding charter change focusing on the economic and judiciary provisions of the constitution. This effort was also blocked by different entities. After President Estrada was replaced by another People Power and succeeded by his Vice President, Gloria Macapagal- Arroyo, then 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. This initiative was also not successful since the term of President Arroyo was mired in controversy and scandal, including the possibility of Arroyo extending her term as president, which the Constitution does not allow. The administration of the succeeding President Benigno Aquino Ill had no marked interest in charter change, except those emanating from different members of Congress, including the speaker of the House, Feliciano Belmonte Jr., who attempted to race amendments to the Constitution that concern economic provisions that aim toward liberalization. This effort did not see the light of day. Federalism in the Philippines was supported by President Duterte in the 2016 presidential elections, saying that it will evenly distribute wealth in the Philippines instead of concentrating it in Manila, the capital of the country. As a form of government, a central governing authority and constituent political units constitutionally share sovereignty. Applied to the Philippines, the country will be broken into autonomous regions. Each region will be further divided into local government units. The regions will have the primary responsibility of industry development, public safety and instruction, education, healthcare, transportation, and many more. Each region will also take charge of their own finances, plans for development, and laws exclusive to their area. The national government, on the other hand, Will only handle matters of national interest such as foreign policy and defense, among others. In this system, it is possible for the central government and the regions to share certain powers. Our current system is that of a unitary form, where administrative powers and resources are concentrated in the national government. Mayors and governors would have to rely on allocations provided to them through a proposed budget that is also approved by the nation government, a system prone to abuse. There are many pros to a federal form of government. Each region may custom fit solutions to problems brought about by their distinct geographic, cultural, social, and economic contexts. Regions also have more power over their finances, since they handle majority of their income and only contributes to a small portion to the national government. They can choose to directly fund their own development projects without asking for the national government's go signal. A federal system could also promote specialization, since the national government could focus on nationwide concerns while regional governments can take care of administrative issues. A federal form of government could also solve a lot of decade-old problems of the country. It may be a solution to the conflict in Mindanao, Since a separate Bangsamoro region could be established for Muslim Mindanao. It could address the inequality in wealth distribution and lessen the dependence to Metro Manila, since regions can proceed with what they have to do without needing to consider the situation in the capital. There are also cons to federalism. While it creates competition among regions, it could also be a challenge to achieving unity in the country. There might be regions which are not ready to govern themselves, or have lesser resources, which could mire them deeper in poverty and make development uneven in the country. There could be issues regarding overlaps in jurisdiction, since ambiguities may arise where national ends and regional begins, or vice versa. As a proposed solution to the conflict in Mindanao, we must also remember that the Autonomous Region in Muslim Mindanao (ARMM) has already been created, and the conflict continues. Federalism may not be enough for those who clamor separation. Any effort to shift the system of government also entails costs, and it would not be cheap. It would cost billions to dismantle the current system and would take a long time before the system normalizes and irons out its kinks. In an upsurge of populism, President Rodrigo Duterte won the 2016 presidential elections in a campaign centering on law and order, proposing to reduce crime by killing tens of thousands of criminals. He is also a known advocate of federalism, a compound mode ot government combining a central or federal government with regional governments in a single political system. This advocacy is in part an influence of his background, being a local leader in Mindanao that has been mired in poverty and violence for decades. On 7 December 2016, President Duterte signed an executive order creating a consultative committee to review the 1987 Constitution.