Evolution of the Philippine Constitution PDF

PRAYER:  PUZZLED PICTURE Students will be divided into groups. The students will be given a puzzled picture (the pictures are the current issues in the Philippines) which the students are to arrange, to complete the picture. Students are to identify and shortly elaborate what the picture...

PRAYER:  PUZZLED PICTURE Students will be divided into groups. The students will be given a puzzled picture (the pictures are the current issues in the Philippines) which the students are to arrange, to complete the picture. Students are to identify and shortly elaborate what the picture was all about. PUZZLED PICTURE PUZZLED PICTURE  LEARNING OBJECTIVES: At the end of the lesson, the students must have been able to: Express in depth appreciation of the several enduring issues in Philippine society through notable assessment. Demonstrate the sample topics through group reporting. Analyze social, political, economic and cultural issues in the Philippines using the lens of history. – Defined as a set of fundamental principles or established precedents according to which a state or other organization is governed, thus, the word itself mean to be a part of a whole, the coming together of distinct entities into one group, with the same principles and ideals. 1897 Constitution (Biak-na-Bato Constitution – Promulgated by the Philippine Revolutionary Government – November 1, 1897 – Borrowed from Cuba – Written by Isabelo Artacho and Felix Ferrer – Written in Spanish then later it was translated from Tagalog. Organs of the Government 4 department secretaries 1. Interior Head 2. Foreign affairs 1. Supreme Council (President) 3. Treasury 4. war 2. Consejo Supremo 1. The authority to make decision and de Gracia Y Justicia affirm or disapproved sentence by other ( Supreme Council courts of Grace and justice 2. Dictates rules for administrative justice 3. Asemblea Representantes 1. To create new constitution (Assembly of 2. To new elect new council or Representatives) representative of people The Constitution of Biak-na-Bato was never fully implemented, since the Pact of Biak-na-Bato, was signed between the Spanish and the Philippine Revolution Army. 1899 Constitution: (Malolos Constitution) – After signing the truce, the Filipinos revolutionary leaders accepted a payment from Spain and went to exile in Hong Kong – Mock Battle in Manila Bay: Spaniards were defeated by the Americans – Declaration of Philippine Independence by Emilio Aguinaldo ( June 12, 1898) – The First Philippine Republic was formed – The Malolos Congress was elected – September 17, 1898- draft of constitution was made – November 1898- Approved by the congress – January 21, 1899- Promulgated by Aguinaldo 1899 Constitution: (Malolos Constitution) – The Political Constitution of 1899 (Written in Spanish) – 39 Articles divided into 14 titles with 8 articles of transitory provisions. – Patterned from after Spanish constitution of 1812. – Felipe Calderon author of the constitution – Other influences of Malolos Constitution are from the charter of BELGIUM, MEXICO, BRAIL, NICARAGUA, COSTA RICA, AND GUATEMALA, AND FRENCH CONSTITUTIONOF 1793. – Other influences of Malolos constitution (Philippines)- KARTILYA and SANGGUNIAN HUKUMAN, BIAK NA BATO CONSTITUTION, MABINI’S CONSTITUTIONAL PROGRAM OF THE PHILIPPINE REPUBLIC OF1898 1899 Constitution: (Malolos Constitution) – Title IV- natural rights and popular sovereignty of Filipinos – Title III, Article V- declares that the State recognizes the freedom and equality of all beliefs, as well as the separation of the Church and State – Title II, Article IV- The form of government (the three distinct powers) – Legislative – Executive – Judicial 1899 Constitution: (Malolos Constitution) – LEGISLATIVE – Unicameral body (Assembly of Representative) – Members were elected in four years – Secretaries of the government were given seat in the assembly – Bills were introduced by member of legislative or by the president – They are given rights to select their own officers – Right of impeaching the president, cabinet members, chief justice of supreme court and solicitor-general 1899 Constitution: (Malolos Constitution) – Executive – Vested in the president – Elected by constituent assembly (assembly of the representative) – Four years term without re-election – No vice president – In case of vacancy, a president was to be selected by the constituent assembly. 1899 Constitution: (Malolos Constitution) The 1899 Malolos Constitution was never enforced due to the ongoing war. The Philippinew was effectively a territory of the United Sates upon signing the TREATY OF PARIS between Spain and the United States, transferring sovereignty of the Philippines on 10 December 1898. 1935 Constitution: (Commonwealth Constitution) Philippine was subject to United States Of America It was placed from Military to Civil government Two Act of the United States Congress were passed that may be considered to have qualities of constitutionality. 1935 Constitution: (Commonwealth Constitution) 1. Philippine Organic Act of 1902 a. The first organic law for the Philippines Island b. It provide the creation of the a popularly elected Philippine Assembly. c. Legislative power would be vested in bicameral legislature (upper house & lower house) 1935 Constitution: (Commonwealth Constitution) d. Key provisions  Bill of rights  Appointment of two non-voting Filipino Resident Commissioner of the Philippines ( Representative to US congress) 1935 Constitution: (Commonwealth Constitution) 2. Philippine Autonomy Act of 1916 (Jones Law) a. Removal of Philippine Commission (replacing by Senate) b. It was an act that declare the the purpose of the United States to end their sovereignty over the Philippines c. It recognize Philippine independence as son as a stable government can be established. 1935 Constitution: (Commonwealth Constitution) 3. Hare-Hawes-Cutting Act of 1932 a. It is the promise of granting Filipinos independence b. Led by Sergio Osmena and Manuel Roxas (Filipino Independence Mission) c. Rejected by Senate President Manuel L. Quezon 1935 Constitution: (Commonwealth Constitution) 4. Tydings-Mcduffie Act of 1934 a. Also known as the Philippine Independence Act b. It provide authority and defined mechanisms for the establishment of a formal constitution by a constitutional convention. c. First meeting was held on July 30, 1924 d. Claro M. Recto was unanimously elected as a president 1935 Constitution: (Commonwealth Constitution)  The constitution created the Commonwealth of the Philippines from 1935-1946  It is a transitional administration to prepare the country towards its full achievement of independence.  It was originally provided for a unicameral National Assembly 1935 Constitution: (Commonwealth Constitution)  President and Vice President- 6 year term without re-lection Amended in 1940  Bicameral Congress (Senate and House of representative)  President and Vice President- 4 years with one re- election  Right to vote for women 1935 Constitution: (Commonwealth Constitution)  Influences of the Constitution  American  Malolos Constitution  German  Spanish  Mexican Constitution  South American countries  Unwritten English Constitution 1935 Constitution: (Commonwealth Constitution)  February 8, 1935- The draft of the constitution was approved by the constitutional convention  March 25, 1935- Ratified by the U.S President Franklin B. Roosevelt  September 1935- Manuel L. Quezon was elected as President of the Commonwealth 1935 Constitution: (Commonwealth Constitution) The commonwealth was briefly interrupted by the evens of the World War II, with the Japanese occupying the Philippines. Afterwards, upon liberation, the Philippines was declared an independent Republic on July 4, 1946. 1973 Constitution: (Constitutional Authoritarianism)  1965- Ferdinand Marcos was elected as President 1967- Philippine Congress passed a resolution calling for a CONSTITUTIONAL CONVENTION 1973 Constitution: (Constitutional Authoritarianism)  1969- Marcos won the re-election November 20 1970- election of delegates to the Constitutional convention  June 1, 1971- The convention began formally ( Carlos P. Garcia elected Convention President) 1973 Constitution: (Constitutional Authoritarianism) Before the convention finished the work, Martial Law was declared. Some delegates of the convention were placed behind the bars and other were voluntary exiled. 1973 Constitution: (Constitutional Authoritarianism) With Marcos as dictator, the direction of convention turned and dictated some provision of the constitution. On November 29 1972- the convention approved its proposed constitution. 1973 Constitution: (Constitutional Authoritarianism)  The constitution supposed to introduce a parliamentary-style of government.  Legislative  Unicameral  6 years terms of the member 1973 Constitution: (Constitutional Authoritarianism)  The president- head of State  Six year term  Could be re-elected  Unlimited number of terms  Executive Power  Prime Minister- Head of the Government  Commander in chief of the Armed Forces 1973 Constitution: (Constitutional Authoritarianism)  November 30 1973- Presidential Decree No. 73 (Plebiscite to ratify or reject the proposed constitution)  It was postponed because Marcos feared that public might reject the constitution  Citizen Assembly was held- voting by hand to ratify the constitution 1973 Constitution: (Constitutional Authoritarianism)  Topics of the Voting:  Ratify constitution  Continue Martial Law  Place a moratorium on election for a periodof at least several years 1973 Constitution: (Constitutional Authoritarianism)  1976- citizen Assemblies once again, decided to allow the continuation of Martial Law.  The president also become the prime Minister and continue to exercise the legislative powers until Martial Law was lifted. 1973 Constitution: (Constitutional Authoritarianism)  1980- retirement age of members of the judiciary was extended to 70 years  1981- parliamentary system was modified to French style (semi-preseidential)  1984- the esecutive committee was abolished and the position of the vice president was restored  1973 Constitution: (Constitutional Authoritarianism) The constitution was merely the way for the president to 1. keep executive powers 2. Abolished senate 3. Functioned as an authoritarian presidential system with powers concentrated in the hands of the president.  1973 Constitution: (Constitutional Authoritarianism)  1980’ situation was very turbulent  August 1983- Benigno Aquino Jr. was assinated  Marcos was then force to hold a “snap” election  Rebel groups  1986- EDSA REVOLUTION  February 25, 1986- Corazon Aquino was installed as president  1987 Constitution: Constitution After Martial Law  President Corazon Aquino decide to make a new constitution  March 1986- President Aquino proclaimed a transitional constitution to last for a year while constitutional commission draft a permanent constitution  Freedom Consitution- transitional constitution (Presidential Decree)  1987 Constitution: Constitution After Martial Law  In 1986, constitutional convention was created  48 members  Appointed by President Aquino from varied background and representation  They draw a permanent constitution largely restoring the set up abolished by Marcos in 1972.  February 2, 1987- constitution was finally adopted.  1987 Constitution: Constitution After Martial Law  Constitution  Preamble  18 self-contained articles  Democratic Republican State  Sovereignty resides in the people and all government authority emanates from them  It allocates governmental powers (Executive, Legislative and Judiciary) 1987 Constitution: Constitution After Martial Law  Executive Branch  Headed by President and his cabinet whom he appoints  President is the head of state and chief executive but his power is limited  In case of national emergency the President may still declare Martial Law but not longer than the period of sixty days  1987 Constitution: Constitution After Martial Law  Congress (through majority) can revoke or extend martial law.  The supreme court may also review the declaration of Martial Law  The President and Vice President are elected by direct vote, serving single six-year term.  1987 Constitution: Constitution After Martial Law  Legislative Branch  Congress is divided into Two Houses (Senate and House of Representatives)  24 Senators are elected by popular vote- No more than two consecutive six terms.)  The House of Representative- composed of district representatives representing particular geographic area and makes up around 80% of the total number of representatives 1987 Constitution: Constitution After Martial Law  They serve three-year terms.  Party-list system- to provide spaces for the participation of under represented community sector (20% seat of the House)  Congress may also declare war through two-thirds vote in both upper and lower house.  Legislative is subject to an executive check 1. President can veto or stop the bill from becoming a law 2. Congress may over ride this power through 2/3 votes 1987 Constitution: Constitution After Martial Law  Judiciary Branch  The Supreme Court  15 member court appointed by the president without the need to confirmed by Congress  Appointment Process  List of nominees was provided (judicial and bar council)  1987 Constitution: Constitution After Martial Law  The Supreme Court Justice  May hear appeal any cases dealing with constitutionality of any law, treaty or decree.  Cases where questions of jurisdiction or judicial error is concerned  Cases where penalty is sufficiently grave.  It may also exercise original jurisdiction over cases involving government or international officials  In charge of the functioning and administration of the lower and their personnel. 1987 Constitution: Constitution After Martial Law The Constitution also established three independent CONSTITUTIONAL COMMISSIONS 1. Civil Service Commission- A central agency in charge of government personnel 2. Commission on Election- enforce and administer all election laws and regulations 3. Commission on Audit- which examines all funds, transactions and property accounts of the government and its agencies. Changing the Constitution Charter Change (cha-cha)- changing of the Constitution 3 ways of hanging the Constitution (Article XVII of the 1987 Contitution) – Constitutional Assembly (Con-Ass) – Constitutional Convention (Con-Con) – People’s Iniative 1. Contitutional Assembly  Constitutional Assembly (Con-Ass)  Congress( Senate and House of Representative)  Propose amendments to the constitution  It is not clear, however, if Congress is to vote as single body separately. 2. Constitutional Convention  Constitutional Convention( Con-Con)  Congress upon the vote of 2/3 of its member calls for a constitutional convention.  Submit to electorate the question calling a convention through a majority vote of all its members. 2. Constitutional Convention  The con-con delegates will propose amendments or revision s to the constitution, not congress.  The 1987 constitution does not provide for a method by which a delegates to Con-con are chosen. 3. People’s Initiative  Amendments of the constitution may be proposed by the people upon a petition of at least 12% of the total number of registered votes.  No amendments is allowed more than once every five years since a successful PI  The 1987 constitution directs the congress to enact a law to implement provision of the PI, which has not yet materialized. 3. People’s Initiative  Amendments of the constitution may be proposed by the people upon a petition of at least 12% of the total number of registered votes.  No amendments is allowed more than once every five years since a successful PI  The 1987 constitution directs the congress to enact a law to implement provision of the PI, which has not yet materialized. Changing the Constitution 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 Supreme Court, and other constitutionally protected public officials such as 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 – There were efforts to amend or change the 1987 Constiution starting with Fidel Ramos – 1995- when Secretary of National Security Council JOSE ALMONTE drafted a constitution but it was exposed to media and it never prospered – 1997- The group called PIRMA hoped to gather signatures from voters to change the constitution through people’s initiative. Many were against this including Senator Miriam Defensor-Santiago who brought the issue to court and won – Joseph Ejercito Estrada-formed a study commission to investigate the issues surrounding charter change focusing on the economic and judiciary provision of the constitution. Attempts to Amend or Change the 1987 Constitution – House Speaker Jose De Venecia under President Macapagal Arroyo endorsed constitutional change through a Constitutient Assembly which entails a two- thirds vote of the House to propose amendments and revision. – This initiative was not successful since the term of president Arroyo was mired in controversy and scandal including the possibility of Arroyo to extend her term, which the constitution does not allow – Benigno Aquino III Administeration had no marked interest in the Charter Change except Speaker of the House, Felciano Belmonte Jr., who attempt to introduce amendments to the constitution that concern economic provision that aim toward liberalization.  Federalism – President Duterte in the 2016 presidential election, saying that it will evenly distribute wealth of the Philippines instead of concentrating it in Manila. – As a form of government, the central government, a central governing authority and constituent political units constitutionally shared sovereignty. – Applied to the Philippines, the country will be broken into autonomous regions. – Each region will be divided into local government unit. – The regions will have the primary responsibility of industry development, public safety, education, healthcare, transportation and many more. – Each region will take charge of their own finances, plans for development, and laws exclusive to their area.  Federalism – 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 region to share certain powers. – Our current system is that of a unitary for, 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 si also approved by the national government, a system prone to abuse.  Federalism – There are many pros to a federal 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 income and only contribute 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 focus on nationwide concerns while regional governments can take care of administrative issue  Federalism – 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 to inequality in wealth distribution and lessen the dependence to the Metro Manila, since regions can be proceed with what they have to do without needing to consider the situation in the capital.  Federalism – 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 to inequality in wealth distribution and lessen the dependence to the Metro Manila, since regions can be proceed with what they have to do without needing to consider the situation in the capital.  Federalism – There are also cons to federalism. – While it creates competition among regions, it could also be 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 country. – There could be issue regarding overlaps in jurisdiction, since ambiguities may rise where national ends and region began.  Federalism – As a proposed solution to the conflict of Mindanao, we must also remember that the Autonomous Region in Muslim Mindanao (ARMM) had already been created and the conflict still continues. – Federaism may not be enough for those who clamor separation. – Any effort to shift the system of government also entails cost and it would not be cheap. It would cost billion to dismantle the current system and would take long time before the system normalizes and iron out is kinks.