Readings in Philippine History - Philippine Constitution PDF

Readings in Philippine History Page 1 of 9 Philippine Constitution Topic: PHILIPPINE CONSTITUTION III. LESSON PROPER Definition Most independent states have a constitution, a...

Readings in Philippine History Page 1 of 9 Philippine Constitution Topic: PHILIPPINE CONSTITUTION III. LESSON PROPER Definition Most independent states have a constitution, a fundamental law that organizes government structures and sets limits on government authority, reflecting the principles of constitutionalism. Although the terms "constitution" and "constitutionalism" are related, they differ in meaning. A constitution establishes the foundation of a country’s governance, defining relationships between individuals and the community, while constitutionalism emphasizes limiting government power to protect individual and collective rights. Key points: The constitution is the basic law organizing government and political institutions. It sets limits on government authority and protects citizens' rights. Constitutionalism ensures the government operates within these limits, preventing authoritarianism. Overview of Philippine Constitution The current Philippine Constitution, in place since 1987, is the highest law of the land. It followed three other major constitutions that governed the country: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. However, before these, Filipinos had already made several attempts to create constitutions during their fight for independence from colonial rule. According to Malcolm (1920), the Constitution played a key role in the rise of Filipino liberalism and nationalism, and its development has deep historical roots. He observed that the constitutions of Spain and the United States had the greatest influence on the formation of the Philippine Constitution, but Filipinos skillfully integrated these influences into their indigenous customs, which remained largely unaffected by foreign contact. Examples of early Filipino constitutional efforts include Emilio Jacinto’s Katipunan code, the Biak-na-Bato Constitution by Isabelo Artacho, Apolinario Mabini’s Constitutional Program, and the Malolos Constitution, primarily authored by Felipe Calderon. Although these documents were based on the Spanish Constitution, Malcolm noted that Filipino nationalism ultimately shaped the Constitution, rejecting foreign elements incompatible with local ideals. He believed that while the outward form of the Constitution might change, its inner spirit of nationalism would endure. Evolution of Philippine Constitution 1. 1897: Constitution of Biak-na-Bato Provisional constitution of the Philippine Republic during the Philippine Revolution. Promulgated by the Philippine Revolutionary Government on November 1, 1897. Based on Cuba's constitution; written in Spanish by Isabelo Artacho and Felix Ferrer, later translated into Tagalog. Readings in Philippine History Page 2 of 9 Philippine Constitution Established three government bodies: 1. Supreme Council – held the powers of the Republic, led by the president and four department secretaries (Interior, Foreign Affairs, Treasury, War). 2. Supreme Council of Grace and Justice – had authority to affirm or reject court decisions and set rules for justice administration. 3. Assembly of Representatives – planned to convene post-revolution to draft a new constitution and elect government representatives. The constitution was never fully enforced due to the signing of the Pact of Biak-na-Bato, a truce between the Spanish and the Philippine Revolutionary Army. 2. 1899: Malolos Constitution After accepting a payment from Spain, Filipino revolutionary leaders went into exile in Hong Kong. Emilio Aguinaldo returned to the Philippines after the U.S. defeated Spain at the Battle of Manila Bay (May 1, 1898). The Philippine Declaration of Independence was issued on June 12, 1898, forming the First Philippine Republic. The Malolos Congress was elected and tasked with drafting a constitution, which was approved on November 29, 1898, and promulgated by Aguinaldo on January 21, 1899. The constitution, written in Spanish, had 39 articles, 14 titles, 8 transitory provisions, and a final additional article. Influenced by the Spanish Constitution of 1812, and charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and the French Constitution of 1793. Prior Filipino constitutional projects, such as the Katipunan’s Kartilya and the Biak-na-Bato Constitution, also influenced its creation. The constitution upheld sovereignty of the people and introduced a government system based on legislative, executive, and judicial powers: o Legislative Power: Held by a unicameral Assembly of Representatives, with members elected for four-year terms. Assembly had powers beyond legislation, including impeaching officials and electing a permanent commission of seven. o Executive Power: Held by the president, elected for a four-year term without re- election, by a constituent assembly. There was no vice president. Key Principles: o Sovereignty rested with the people, delegating powers to government officials. o Separation of Church and State, and recognition of freedom and equality of all beliefs. The constitution was never enforced due to the outbreak of war and the Philippines becoming a U.S. territory after the Treaty of Paris (December 10, 1898). Readings in Philippine History Page 3 of 9 Philippine Constitution 3. 1935: The Commonwealth Constitution After the Treaty of Paris (1898), the Philippines became a colony of the United States, first under a military government (1898-1901) and then a civil government. Two key U.S. Congress acts with constitutional relevance: 1. Philippine Organic Act of 1902: Established a bicameral legislature (Philippine Commission as upper house, Philippine Assembly as lower house), introduced a bill of rights for Filipinos, and appointed two non-voting Filipino Resident Commissioners to the U.S. House of Representatives. 2. Philippine Autonomy Act (Jones Law) of 1916: Replaced the Philippine Commission with a Senate, creating the first elected national legislature, and declared U.S. intent to grant Philippine independence once a stable government was formed. 1932 Hare-Hawes-Cutting Act: A U.S. bill proposing Filipino independence, opposed by Senate President Manuel L. Quezon and rejected by the Philippine Senate. 1934 Tydings-McDuffie Act: Passed by the U.S. Congress, it authorized the establishment of a Philippine Constitution through a constitutional convention. A constitutional convention was formed in 1934, led by Claro M. Recto as president. The constitution was designed to meet U.S. approval and ensure Philippine independence. Created the Commonwealth of the Philippines (1935-1946), a transitional government to prepare for independence: o Originally unicameral, it became bicameral after 1940 amendments (Senate and House of Representatives). o The president and vice president were elected for a six-year term without re- election, later amended to four years with one re-election. o Voting rights were initially limited to literate males over 21, later extended to women. Influences: Predominantly American, but also drew from the Malolos Constitution, German, Spanish, Mexican, South American, and unwritten English constitutions. Ratified by U.S. President Franklin D. Roosevelt on March 25, 1935. Manuel L. Quezon was elected the first president of the Commonwealth in September 1935. The Commonwealth was interrupted by World War II and Japanese occupation but resumed until the Philippines gained full independence on July 4, 1946. 4. 1973: Constitutional Authoritarianism 1965: Ferdinand E. Marcos elected president; re-elected in 1969 amid campaign overspending and use of government funds. 1967: Philippine Congress passed a resolution calling for a constitutional convention to revise the 1935 Constitution. 1970: Delegates to the constitutional convention were elected; the convention began in 1971 with Carlos P. Garcia as president (later replaced by Diosdado Macapagal after Garcia's Readings in Philippine History Page 4 of 9 Philippine Constitution death). 1972: Marcos declared martial law, citing a communist insurgency as the reason. Martial law was provided for in the 1935 Constitution. Some convention delegates were imprisoned or exiled, and Marcos influenced the constitutional drafting process. 1972 Constitution Approval: The convention approved the constitution on November 29, 1972. It proposed a parliamentary system: o Legislative power was vested in a unicameral National Assembly with members elected for six-year terms. o The president became a symbolic figure, with executive power held by the Prime Minister (also head of government and Commander-in-Chief). Presidential Decree No. 73: Marcos scheduled a plebiscite to ratify the constitution for November 30, 1973, but postponed it, fearing rejection. 1973 Ratification: Instead of a plebiscite, Citizen Assemblies were held from January 10- 15, 1973, where citizens, through voting by hand, ratified the constitution. 1976 Amendments: o Martial law continuation approved by Citizen Assemblies. o Creation of an Interim Batasang Pambansa (substitute for the National Assembly). o Marcos was made both President and Prime Minister, maintaining legislative power during martial law. 1980-1984 Amendments: o 1980: Judiciary retirement age extended to 70. o 1981: Constitution shifted to a semi-presidential system, restoring executive power to the president and reintroducing direct elections for the presidency. o 1984: Abolished the Executive Committee and restored the position of Vice President. Function: Despite introducing parliamentary features, the constitution solidified an authoritarian system where Marcos held all real power. 1980s Turmoil: o Growing discontent as Marcos consolidated power. o 1983: Opposition leader Benigno Aquino Jr. assassinated, sparking non-violent opposition against Marcos. o 1986 Snap Elections: Marcos declared himself the winner amid widespread fraud, triggering the EDSA People Power Revolution in February 1986. o Under pressure from the U.S., Marcos fled into exile, and Corazon Aquino was installed as president on February 25, 1986. 5. 1987: Constitution After Martial Law Options considered: Revert to the 1935 Constitution, retain the 1973 Constitution with reforms, or draft a new constitution. A new constitution was chosen to reflect the aspirations of the Filipino people. Readings in Philippine History Page 5 of 9 Philippine Constitution March 1986: President Corazon Aquino proclaimed a transitional Freedom Constitution, maintaining some old provisions while allowing the president to rule by decree. 1986 Constitutional Convention: Composed of 48 members appointed by Aquino, the convention aimed to restore the pre-1972 government structure with checks on presidential power. February 2, 1987: The new Constitution was adopted. It included 18 articles, allocating powers to the executive, legislative, and judicial branches. Executive Branch: o Headed by the president, who appoints the Cabinet. o Presidential powers limited by checks from Congress and the Supreme Court, especially regarding martial law (can only declare martial law for 60 days, with Congress or the Supreme Court having the power to revoke or review it). o President and vice president serve single six-year terms, elected by direct vote. Legislative Branch: o Congress is bicameral: a Senate (24 senators elected at large for up to two six-year terms) and a House of Representatives (district representatives elected for three- year terms). o Party-list system introduced, allowing under-represented sectors to fill up to 20% of the seats in the House. o Congress has the power to declare war and override presidential vetoes with a two- thirds vote. Judicial Branch: o The Supreme Court (15 justices appointed by the president from a Judicial and Bar Council list) has the authority to review cases involving the constitutionality of laws, government actions, and grave penalties. o The court oversees lower courts and judicial personnel. Three Independent Constitutional Commissions: o Civil Service Commission: Oversees government personnel. o Commission on Elections (COMELEC): Enforces and administers election laws. o Commission on Audit (COA): Audits government transactions and property. Office of the Ombudsman: Investigates public corruption and misconduct, with the authority to charge officials in the Sandiganbayan (anti-graft court). Impeachment Process: Initiated by the House of Representatives for high-ranking officials (e.g., president, Supreme Court members), with the Senate trying impeachment cases to ensure accountability in government conduct. Readings in Philippine History Page 6 of 9 Philippine Constitution Matrix of the Salient Features of Philippine Constitutions Constitution Year Salient Features Constitution of 1897 - Provisional constitution during the Philippine Revolution. Biak-na-Bato - Based on Cuba's constitution. - Established three government bodies: Supreme Council (executive), Supreme Council of Grace and Justice (judiciary), and an Assembly of Representatives (legislature). - Never fully enforced due to the Pact of Biak-na-Bato. Malolos 1899 - First Filipino republican constitution. Constitution - Established the First Philippine Republic. - Influenced by various foreign constitutions (Spanish, Belgian, French, etc.). - Advocated sovereignty of the people, separation of church and state, and equality of beliefs. - Disrupted by the Philippine-American War. Commonwealth 1935 - Created the Commonwealth of the Philippines, transitioning to full Constitution independence. - Bicameral legislature, strong executive (president), and judicial branches. - Voting rights limited but later expanded to women. - Interrupted by WWII and resumed until full independence in 1946. 1973 1973 - Enacted during Ferdinand Marcos’ rule, with a shift to a parliamentary Constitution system. - Created a unicameral National Assembly and diminished executive power. - Amended several times to extend Marcos' authoritarian rule during martial law. - Brought about by Citizen Assemblies instead of a plebiscite. 1987 1987 - Drafted post-EDSA Revolution under Corazon Aquino. Constitution - Restored the pre-1972 structure (presidential system, bicameral Congress). - Strengthened checks on executive power, particularly concerning martial law. - Introduced a party-list system. - Promoted accountability through the impeachment process and independent constitutional commissions. Readings in Philippine History Page 7 of 9 Philippine Constitution Charter Change 1. What is Charter Change: Refers to amending or revising the Constitution. Amendments are small changes, while revisions are larger shifts, like moving from a presidential to a parliamentary system. Charter changes can be introduced through: o Constituent Assembly: Congress proposes amendments or revisions with a three- fourths vote. o Constitutional Convention: A separate body elected to propose changes. o People’s Initiative: Requires 12% of registered voters nationwide, with 3% from each district. 2. Debate on Voting Procedures: There is debate on whether the House and Senate should vote jointly or separately on amendments. The Senate prefers separate voting to prevent being overpowered by the larger House of Representatives. This issue may require Supreme Court intervention. 3. Best Method for Charter Change: Experts, like constitutional law professor Tony La Viña, favor a constitutional convention for being more democratic and transparent, though it is expensive. A constituent assembly is cheaper but viewed with suspicion since legislators would amend provisions that affect them directly. 4. Can Changes Be Limited to Specific Provisions?: While proponents argue they would only modify economic provisions, critics caution that once the Constitution is opened for amendment, any provision, including term limits, could be changed. 5. Importance of Monitoring Charter Change: Constitutional changes affect governance and long-term political structures. There's concern over possible abuse of the process to extend politicians' terms. Attempts to Amend or Change the 1987 Constitution 1. Fidel Ramos Administration (1995–1997): Ramos proposed amendments to lift term limits for public officials and shift to a senatorial system, arguing this would improve governance and accountability. The proposals faced strong opposition from various groups, which culminated in a massive rally on September 21, 1997. The Supreme Court later rejected the proposals, citing procedural flaws. 2. Joseph Estrada Administration (1999–2000): Estrada created the Preparatory Commission on Constitutional Reforms to propose changes, but his impeachment in 2000 halted the process. Readings in Philippine History Page 8 of 9 Philippine Constitution 3. Gloria Macapagal-Arroyo Administration (2005–2006): Arroyo supported the shift to a parliamentary system and created a Consultative Commission to recommend constitutional changes. The "People's Initiative" attempted to bypass Congress by gathering voter signatures, but the Supreme Court blocked this in 2006, calling it unconstitutional. 4. Benigno Aquino III Administration (2011–2015): There were talks of amending the Constitution to modify economic provisions, but Aquino was opposed to any changes that would affect political terms or presidential powers. No significant reforms were pursued. 5. Rodrigo Duterte Administration (2016–2019): Duterte prioritized federalism and created a Consultative Committee to draft a federal constitution. Proposals were made to shift the country from a unitary to a federal republic, but they faced strong opposition and were never fully realized due to internal disagreements and lack of political support by 2019. 6. Bongbong Marcos Administration (2022–2024): President Marcos supports amending the economic provisions of the Constitution but has expressed no strong push for changing political structures. A People's Initiative was launched in 2024 to pursue changes, but it faced bribery allegations and controversies, leading to the suspension of proceedings by the Commission on Elections (COMELEC).