Evolution of the Philippine Constitution PDF

SORSOGON STATE UNIVERSITY Sorsogon City Campus College of Teacher Education Photo Courtesy: https://newsinfo.inquirer.net/1685749/rule-of-law-in-ph-ranking-inches-up-but-situation-gloomie  SORSOGON STATE UNIVERSITY Sorsogon...

SORSOGON STATE UNIVERSITY Sorsogon City Campus College of Teacher Education Photo Courtesy: https://newsinfo.inquirer.net/1685749/rule-of-law-in-ph-ranking-inches-up-but-situation-gloomie  SORSOGON STATE UNIVERSITY Sorsogon City Campus College of Teacher Education EVOLUTION OF THE PHILIPPINE CONSTITUTION Group V Photo Courtesy: https://newsinfo.inquirer.net/1685749/rule-of-law-in-ph-ranking-inches-up-but-situation-gloomie CONSTITUTION = PART OF A WHOLE a set of fundamental principles or established precedents according to which a state or other organization is governed the coming together of distinct entities into one group, with the same principles and ideals 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. 1987: CONSTITUTION OF BIAK-NA-BATO 1897: CONSTITUTION OF BIAK-NA-BATO was the provisionary Constitution of the Philippine Republic during the Philippine Revolution was promulgated by the Philippine Revolutionary Government on 1ˢᵗ of November 1897 it was borrowed from Cuba was written by Isabelo Artacho and Felix Ferrer in Spanish was never truly implemented, since a truce, the Pact of Biak-na-Bato, was signed between the Spanish and the Philippine Revolutionary Army (lack of trust and sincerity, the lack of resources on the part of the revolutionaries, the continuation of Candido Aguinaldo) The Organs of the Government under this Constitution: 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 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 Primary Source: Preamble of the Biak-na-Bato Constitution “The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and, therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the representatives of the Revolution, in a meeting at Biak-na-bato, November 1, 1897, unanimously adopted the following articles for the constitution of the State.” 1899: MALOLOS CONSTITUTION First Republican constitution in Asia Inspired by the constitutions of Mexico, Guatemala, Costa Rica, Brazil, Belgium and France After some minor revisions (mainly due to the objections of Apolinario Mabini), the final draft of the constitution was presented to Aguinaldo. This paved the way to launching the first Philippine Republic It established a democratic, republication government with three branches - the Executive, Legislative and the Judicial branches (a.) The executive powers were to be exercise by the president of the republic with the help of his cabinet. (b.) Judicial powers were given to the Supreme Court and other lower courts to be created by law. (c.) The Chief justice of the Supreme Court was to be elected by the legislature with the concurrence of the President and his was titled "The Political Constitution of 1899" and written in Spanish - has 39 articles divided into 14 titles - 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, because they shared similar social, political, ethnological, and governance conditions with the Philippines, according t th Prior constitutional projects in the Philippines also influenced the Malolos Constitution, namely: 1. the Kartilya and the Sanggunian- Hukuman, the charter of laws and morals of the Katipunan written by Emilio Jacinto in 1896 2. the Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho 3. Mabini's Constitutional Program of the Philippine Republic of 1898 4. the provisional constitution of Mariano Ponce in 1898 that followed the Spanish constitutions 5. the autonomy projects of Paterno in 1898 Primary Source: Preamble of the Political Constitution of 1899 “We, the Representatives of the Filipino People, lawfully convened, in order to establish justice, provide for common defense, promote the general welfare and ensure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the f ll i liti l tit ti ” As a direct challenge to colonial authorities of the Spanish empire, the sovereignty was retroverted to the people, a legal principle underlying the Philippine Revolution. The people delegated governmental functions to civil servants while they retained actual sovereignty. The 27 articles of Title IV detail the natural rights and popular sovereignty of Filipinos, the enumeration of which does not imply the prohibition of any other rights not expressly stated. Title III, Article V also declares that the State recognizes the freedom and equality of all beliefs, as well as the separation of Church and State. These are direct reactions to features of the Spanish government in the Philippines, where the friars were dominant agents of the state. The form of government, according to Title II, Article 4 is to be popular, representative, alternative, and responsible, and shall exercise three distinct powers-legislative, executive, and judicial. The legislative power was vested in a unicameral body called the Assembly of Representatives, members of which are elected for terms of four years. Secretaries of the government were given seats in the assembly, which meet annually for a period of at least three months. Bills could be introduced either by the president or by a member of the assembly. Some powers not legislative in nature were also given to the body, such as the right to select its own officers, right of censure and interpellation, and the right of impeaching the president, cabinet members, the chief justice of the Supreme Court, and the solicitor general A permanent commission of seven, elected by the assembly, and granted specific powers by the constitution, was to sit during the intervals between sessions of the assembly. Executive power was vested in the president and elected by a constituent assembly of the Assembly of Representatives and special representatives. The president will serve a term of four years without re-election. There was no vice president, and in case of a vacancy, a president was to be selected by the constituent assembly The 1899 Malolos Constitution was never enforced due to the ongoing war. The Philippines was effectively a territory of the United States upon the signing of the Treaty of Paris between Spain and the United States, transferring sovereignty of the Philippines on 10ᵗʰ of December 1898. 1935: The Commonwealth Constitution The 1935 Constitution was the fundamental law of the Philippines during the Commonwealth era, which lasted from 1935 to 1946. It established the framework for government structure, defined the powers of the executive, legislative, and judicial branches, and outlined the rights and duties of Filipino citizens. Two acts of the United States Congress were passed that may be considered to have qualities of constitutionality.: 1. Philippine Organic Act of 1902 - 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 Resident Commissioners of the Philippines as representative to the United States House of Representatives 2. 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. - The 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 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 crafted 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 th Phili i Primary Source: Preamble of the 1935 Commonwealth “The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this i i ” The constitution created the Commonwealth of the Philippines, an administrative body that governed the Philippines from 1935 to 1946. It is a transitional administration to prepare the country toward its full achievement of independence. It originally provided for a unicameral National Assembly with a president and vice president elected to a six year term without re-election It was amended in 1940 to have a bicameral Congress composed of a Senate and a House of Representatives, as well as the creation of an independent electoral commission, and limited the term of office of the president and vice president to four years, with one re-election. Rights to suffrage were originally afforded to male citizens of the Philippines who are twenty-one years of age or over and are able to read and write; this was later on extended to women within two years after the adoption of the constitution While the dominant influence in the constitution was American, it also bears traces of the Malolos Constitution, the German, Spanish, and Mexican constitutions, constitutions of several South American countries, and the unwritten English C tit ti  The draft of the constitution was approved by the constitutional convention on 8ᵗʰ day of February,1935, and ratified by then U.S. President Franklin B. Roosevelt on 25 March 1935. Elections were held in September 1935 and Manuel L. Quezon was elected President of the Commonwealth. The Commonwealth was briefly interrupted by the events of the World War II, with the Japanese occupying the Philippines. Afterward, upon liberation, the Philippines was declared an independent republic on 4 July 1946. 1973: Constitutional Authoritarianism 1965 - Ferdinand E. Marcos was elected president 1967 - Philippine Congress passed a resolution calling for a constitutional convention to change the 1935 Constitution 1969 - Marcos won the re-election, in a bid boosted by campaign overspending and use of government funds 20ᵗʰ of November 1970 - Elections of the delegates to the constitutional convention were held 1ˢᵗ of June 1971 – the convention began formally with former President Carlos P. Garcia being elected as convention president President Carlos P. Garcia died, and was succeeded by another former President, Diosdado Macapagal Martial Law was declared even before the convention finished its work. 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 voluntarily exiled. With Marcos as a 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. 29ᵗʰ day of November 1972 – the convention approved its proposed constitution ( 1972 Constitutional Authoritarianism) 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 and 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. November 30, 1973 – Pres. Marcos issued Presidential Decree No. 73 setting the date of the plebiscite to ratify or reject the proposed constitution, but later on postponed since the President feared that the public might vote to reject the constitution. January 10 – 15, 1973 – Citizen Assemblies were held; 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. January 17, 1973 – the President issued a proclamation announcing that the proposed constitution had been ratified by an overwhelming vote of the members of the highly irregular Citizen Assemblies. 1976 Citizen Assemblies, once again, decided to allow the continuation of Martial Law, as well as approved the amendments: an Interim 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. 1980 The retirement age of members of the judiciary was extended to 70 years 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. 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. 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 dictatorship. They decided to make 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. We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. The Executive branch is headed by the president and his cabinet, whom he appoints. The president is the head of the state and the chief executive, but his power is 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 in the Philippines lies with Congress, divided into two houses: the Senate and the House of Representatives. Senate: Comprised of 24 senators elected by nationwide vote, serving six-year terms with a maximum of two consecutive terms. House of Representatives: Includes district representatives, each elected from one of the 234 legislative districts to serve three-year terms. District representatives make up about 80% of the House. The party-list system, introduced by the 1987 Constitution, allows underrepresented groups to hold up to 20% of House seats, ensuring broader community representation. In addition to its power to make laws, Congress can declare war with a two-thirds vote in both houses. However, the president can veto legislation, stopping a bill from becoming law unless Congress overrides the veto with a two-thirds vote in both houses. The Constitution established three Independent Constitutional Commissions: the Civil Service Commission (overseeing government personnel), the Commission on Elections (enforcing election laws), and the Commission on Audit (reviewing government funds, transactions, and property accounts) 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. 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. Changing the Constitution is a perennial issue that crops up, 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. The 1987 Philippine Constitution can be changed in three main ways: 1. Constituent Assembly (Con-Ass): Congress can gather to suggest changes to the Constitution. However, it’s unclear if they should vote as one group or separately. 2. Constitutional Convention (Con-Con): Congress can either call for a convention or let the people vote on whether they want one. In this case, specially chosen delegates—not Congress—would suggest changes. The Constitution does not specify how these delegates are chosen. 3. People’s Initiative (PI): Citizens themselves can propose changes if at least 12% of registered voters sign a petition, with 3% from every district. This can only happen once every five years. Any changes must be approved by a majority in a national vote.  Attempts to Ame or Change the 19 Constitution https://www.rappler.com/voices/editorials/no-to-charter-change-cha-cha/ The 1987 Constitution provides three amendment methods: Constituent Assembly, Constitutional Convention, and People’s Initiative, each requiring majority approval in a national referendum. Amendment efforts began under President Fidel V. Ramos. The first attempt, in 1995, saw National Security Council Secretary Jose Almonte draft a constitution, which failed after media exposure. In 1997, the group PIRMA attempted a people’s initiative by gathering voter signatures. Senator Miriam Defensor-Santiago opposed PIRMA’s initiative and won a Supreme Court ruling that a people’s initiative needs an enabling law President Joseph Estrada created a commission to explore constitutional changes, focusing on economic and judicial provisions. Various groups blocked Estrada’s efforts at charter change. After Estrada’s ousting, President Gloria Macapagal-Arroyo and House Speaker Jose de Venecia pushed for constitutional change through a Constituent Assembly, requiring a two- thirds House vote. This initiative also failed, as Arroyo’s term was marked by controversies, including concerns over her potentially extending her presidency, which is constitutionally prohibited. President Benigno Aquino III’s administration showed little interest in charter change. Some Congress members, including House Speaker Feliciano Belmonte Jr., proposed amendments focused on economic liberalization. This attempt to amend the Constitution did not progress. FEDERALIS M Riding a wave of populism, President Rodrigo Duterte won the 2016 election with a law-and-order campaign, proposing to reduce crime by eliminating tens of thousands of criminals. He is also a vocal supporter of federalism, which combines a central government with regional governments. President Duterte supported federalism in the 2016 elections, arguing it would distribute wealth more evenly across the Philippines instead of concentrating it in Manila. In a federal system, the country would be divided into autonomous regions, each responsible for local issues like industry, education, healthcare, and transportation. Regions would manage their own finances, development plans, and local laws, while the national government would focus on areas like defense and foreign policy. Some powers would be shared between the central government and the regions. 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 national government, a system prone to abuse. Pros of a Federalism: Regions can create solutions tailored to their unique geographic, cultural, social, and economic contexts. Greater financial autonomy for regions, as they manage most of their income and contribute only a portion to the national government. Direct control over funding for local development projects without needing national approval. Promotes specialization: the national government can focus on nationwide issues, while regions handle local administrative matters. Potential to resolve long-standing issues, such as establishing a separate Bangsamoro region for Mindanao, which could address regional conflicts. May reduce wealth inequality and lessen dependence on Metro Manila, enabling regions to operate independently of the capital’s situation. Cons of Federalism Could hinder national unity, as competition among regions might create divisions. Some regions may lack the resources or readiness for self-governance, potentially deepening regional poverty and leading to uneven development. Possible overlaps in jurisdiction, creating confusion over where national authority ends and regional authority begins. Federalism may not fully resolve the conflict in Mindanao; despite the creation of the Autonomous Region in Muslim Mindanao (ARMM), tensions remain, and some groups continue to demand independence. Shifting to a federal system would involve significant costs, likely in the billions, to dismantle and restructure the current government. Transitioning to federalism would take time, with a prolonged adjustment period needed to resolve issues and stabilize the new system. SORSOGON STATE UNIVERSITY Sorsogon City Campus College of Teacher Education SORSOGON STATE UNIVERSITY Sorsogon City Campus College of Teacher Education Photo Courtesy: https://newsinfo.inquirer.net/1685749/rule-of-law-in-ph-ranking-inches-up-but-situation-gloomie