Constitution of the Philippines
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas, Spanish: Constitución de la República de Filipinas) is the constitution or supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986 and was ratified by a nationwide plebiscite on February 2, 1987.
|Constitution of the Philippines|
Saligang Batas ng Pilipinas
|Created||October 12, 1986|
|Presented||October 15, 1986|
|Ratified||February 2, 1987|
|Date effective||February 2, 1987|
|System||Unitary presidential constitutional republic|
|Executive||President of the Philippines|
|Judiciary||Supreme Court and in such lower courts as may be established by law.|
|First legislature||July 27, 1987|
|First executive||June 30, 1992|
|Amendments||Proposed Constitutional amendments to the 1987 Constitution|
|Location||Legislative Archives, Library and Museum, Batasang Pambansa Complex, Quezon City|
|Commissioned by||Revolutionary Government of Corazon Aquino|
|Author(s)||Constitutional Commission of 1986|
|Signatories||46 of the 50 commissioners|
|Supersedes||Presidential Proclamation No. 3|
Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.
The earliest constitution establishing a "Philippine Republic," the 1899 Malolos Constitution, was never fully implemented throughout the Philippines and did not establish a state that was internationally recognized, due in great part to the eruption of the Philippine–American War following its adoption.
- 1 Background of the 1987 Constitution
- 2 Attempts to amend or change the 1987 Constitution
- 3 Structure and contents
- 3.1 Preamble
- 3.2 Article I – National Territory
- 3.3 Article II – Declaration of Principles and State Policies
- 3.4 Article III – Bill of Rights
- 3.5 Article IV – Citizenship
- 3.6 Article V – Suffrage
- 3.7 Article VI – Legislative Department
- 3.8 Article VII – Executive Department
- 3.9 Article VIII – Judicial Department
- 3.10 Article IX – Constitutional Commissions
- 3.11 Article X – Local Government
- 3.12 Article XI – Accountability of Public Officers
- 3.13 Article XII – National Economy and Patrimony
- 3.14 Article XIII – Social Justice and Human Rights
- 3.15 Article XIV – Education, Science and Technology, Arts, Culture and Sports
- 3.16 Article XV – The Family
- 3.17 Article XVI – General Provisions
- 3.18 Article XVII – Amendments or Revisions
- 3.19 Article XVIII – Transitory Provisions
- 4 Evolution
- 4.1 The 1897 Constitution of Biak-na-Bato
- 4.2 The 1899 Malolos Constitution
- 4.3 Acts of the United States Congress
- 4.4 The 1935 Constitution
- 4.5 The 1943 Constitution
- 4.6 The 1973 Constitution
- 4.7 The 1986 Freedom Constitution
- 5 See also
- 6 References
- 7 External links
Background of the 1987 ConstitutionEdit
Ruling by decree during the early part of her tenure and as a president installed via the People Power Revolution, President Corazon Aquino had three options: return to the 1935 Constitution, retain the 1973 Constitution and be granted the right to make reforms, or start a new constitution. She decided to make a new constitution and issued Proclamation No. 3 on March 25, 1986 which abrogated many of the provisions of the then 1973 Constitution adopted during the Marcos regime including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and provisions which gave the President legislative powers. Often called the "Freedom Constitution," this constitution was only intended as a temporary constitution to ensure the freedom of the people and the return to democratic rule. The Freedom Constitution was a transitional constitution for an orderly transfer of power while a Constitutional Commission drafted a permanent constitution.
The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds including several former members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. The Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as its president. Several issues were of particular contention during the Commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of the U.S. bases in Clark and Subic, and the integration of economic policies into the constitution. Lino Brocka, a film director and political activist who was member of the Commission, walked out before the constitution's completion, and two other delegates dissented from the final draft. The Commission finished the final draft on October 12, 1986 and presented it to Corazon Aquino on October 15. The constitution was ratified by a nationwide plebiscite on February 8, 1987.
The Constitution allocated governmental powers among the executive, legislative, and judicial branches of the government. The executive branch is headed by the president and his appointed cabinet members. The president has limited power governed by the two other co-equal branches of government in order to safeguard the country from the experience of martial law. The president can still declare martial law but cannot be longer than sixty days and the congress can revoke this decision or extend it. While the Supreme Court may review the declaration of martial law if it is just. The legislative power resides in a congress which consist the Senate and the House of Representatives. There are twenty-four senators and the House is composed of district representative. It also created a party-list system to provide participation of under-represented community sectors. The judiciary branch is composed of a Supreme Court and lower court. The Supreme Court may hear any cases dealing with constitutionality of law, treaty or decree of the government. It is also in charge in overseeing the function of the lower courts.
It established three independent Constitutional Commissions namely the Civil Service Commission, Commission on Election and Commission on Audit. It also established the Office of the Ombudsman to promote the ethical and lawful conduct of the government.
Attempts to amend or change the 1987 ConstitutionEdit
There are three possible methods by which the Constitution can be amended. It can be done through a Constituent Assembly (Con-Ass), Constitutional Convention (Con-Con), and People’s Initiative. All three methods require ratification by a majority vote in a national referendum. Following the administration of Corazon Aquino, succeeding administrations made several attempts to amend or change the 1987 constitution.
The first attempt was in 1995, a constitution was drafted by then Secretary of National Security Council Jose Almonte but was never completed because it was exposed to the media by different non-government organizations. They saw through a potential change regarding the protection of the people's interest has been subjected in the constitutional draft. In 1997, the Pedrosa couple created a group called PIRMA followed with an attempt to change the constitution through a People’s Initiative by way of gathering signatures from voters. Many opposed the proposition including Senator Miriam Defensor-Santiago who brought the issue to the Supreme Court and eventually won. The Supreme Court adjudged the initiative not to continue stating that a People’s Initiative requires an enabling law for it to push through. During his administration as president, Joseph Ejercito Estrada created a study commission for a possible charter change regarding the economic and judiciary provisions of the constitution. The attempt never attained its purpose due to various entities opposing it due to apparent personal interests of the initiators. Following president Estrada, the administration of Gloria Macapagal-Arroyo endorsed a constitutional change via Constitutional Assembly with then House Speaker Jose de Venecia leading the way. However, due to controversies surrounding Arroyo’s administration, including the possibility of extending her term, the proposal was shut down. The next attempt was from then Speaker of the House Feliciano Balmonte Jr. during President Benigno Simeon Aquino III’s administration. Balmonte attempted to introduce ammendments to the Constitution focusing on economic provisions aiming toward liberalization. The said effort never succeeded.
Currently, President Rodrigo Roa Duterte oversees the possibility of implementing federalism on the country. Following his declaration as president on 2016 presidential elections, he signed Executive Order No. 10 on December 7, 2016 creating a consultative committee to review the 1987 constitution.
Structure and contentsEdit
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The preamble and eighteen self-contained articles with a section numbering that resets for every article.
The preamble introduces the constitution and the source of sovereignty, the people. It follows the pattern in past constitutions, including an appeal to God. The preamble reads:
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.
Article I – National TerritoryEdit
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
Article II – Declaration of Principles and State PoliciesEdit
Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government. Some essential provisions are:
- The Philippines is a democratic republic
- Renunciation of war as a form of national policy
- Supremacy of civilian over military authority
- Separation of church and state (inviolable)
- Pursuit of an independent foreign policy
- Abrogation of nuclear weaponry
- Family as the basic unit of the state
- Role of youth and women in nation-building
- Autonomy of local governments
- Equal opportunity for public services and the prohibition of political dynasties
Article III – Bill of RightsEdit
Article III enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the U.S. Constitution. Some essential provisions are:
- a right to due process and equal protection of law
- a right against searches and seizures without a warrant issued by a judge
- a right to privacy
- The right to freedom of speech and expression, freedom of the press, freedom of assembly, and the right to petition
- The free exercise of religion
- a right of abode and the right to travel
- a right to information on matters of public concern
- a right to form associations
- a right of free access to courts
- the right to remain silent and to have competent legal counsel
- a right to bail and against excessive bail conditions
- a right to habeas corpus
- the right to a speedy trial
- the right against self-incrimination
- the right to political beliefs and aspirations
- a prohibition against cruel, degrading, or inhuman punishment
- protection providing for no imprisonment for debt
- the right against double jeopardy
- prohibition of ex post facto laws and bills of attainder.
Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these rights have largely been determined by the Supreme Court through case law.
Article IV – CitizenshipEdit
Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. Natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect Philippine citizenship. The Philippines follows a jus sanguinis system where citizenship is mainly acquired through a blood relationship with Filipino citizens.
Natural-born citizenship forms an important part of the political system as only natural-born Filipinos are eligible to hold high offices, including all elective offices beginning with a representative in the House of Representatives up to the President.
Article V – SuffrageEdit
Article V mandates various age and residence qualifications to vote and a system of secret ballots and absentee voting. It also mandates a procedure for overseas and disabled and illiterate Filipinos to vote.
Article VI – Legislative DepartmentEdit
Article VI provides for a bicameral legislature called the Congress composed of the Senate and the House of Representatives. It vests upon Congress, among others, the power of investigation and inquiry in aid of legislation, the power to declare the existence of a state of war, the power of the purse, the power of taxation, and the power of eminent domain.
Article VII – Executive DepartmentEdit
Article VII provides for a presidential form of government where the executive power is vested on the President. It provides for the qualification, terms of office, election, and power and functions of the President. It also provides for a Vice President and for the presidential line of succession.
Article VIII – Judicial DepartmentEdit
Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be established by law (by Congress). While the power to appoint justices and judges still reside with the President, the President may only appoint nominees pre-selected by the Judicial and Bar Council, a body composed of the Chief Justice of the Supreme Court, the Secretary of Justice, the Chairs of the Senate and House Committees on Justice, and representatives from the legal profession.
Article IX – Constitutional CommissionsEdit
Article IX establishes three constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit,
Article X – Local GovernmentEdit
Article X pursues for local autonomy and mandates Congress to enact a law for the local government, now currently the Local Government Code.
Article XI – Accountability of Public OfficersEdit
Article XI establishes the Office of the Ombudsman which is responsible for investigating and prosecuting government officials. It also vests upon the Congress the power to impeach the President, the Vice President, members of the Supreme Court, and the Ombudsman.
Article XII – National Economy and PatrimonyEdit
Article 12 lays down the goals and objectives of the Philippine government in terms of wealth distribution, division of goods and services and to offer job opportunities to elevate the lives of Filipino people. This section also provides important provisions such as:
- promote effective industrialization and aim for a full employment of its people
- all natural resources within the Philippine territory shall be owned by the State
- protect the rights of the indigenous cultural communities
- businesses, organizations and other institutions shall be subject to the intervention of the State
Article XIII – Social Justice and Human RightsEdit
Article XIV – Education, Science and Technology, Arts, Culture and SportsEdit
Article XV – The FamilyEdit
Article XVI – General ProvisionsEdit
Article XVII – Amendments or RevisionsEdit
Article XVII establishes the methods by which the Constitution may be amended or revised. Amendments may be proposed by either: a) a three-fourths vote of all Members of Congress (called a Constituent Assembly), b) a Constitutional Convention, or c) a petition of at least twelve percent of all registered voters, and at least three percent of registered voters within each district (called a People's Initiative. All amendments must be ratified in a national referendum.
Article XVIII – Transitory ProvisionsEdit
The Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XIV), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections. But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights.
|In operation||Constitution||Historical Period||Form of Government||Promulgated by||Ratification||Amendments|
|November 1, 1897 - December 14, 1897||Constitution of Biak-na-Bato||Republic of Biak-na-Bato||De Facto Constitutional Republic||Katipunan, acting as Constitutional Assembly, Drafted by Isabelo Artacho and Félix Ferrer|
|January 23, 1899 - March 23, 1901||Malolos Constitution||First Philippine Republic||Unitary semi-presidential constitutional republic||Malolos Congress||1899 constitutional Plebiscite
|December 10, 1898 - March 24, 1934||Philippine Organic Act (1902)||American Colonial Period||Unincorporated territories of the United States||United States Congress|
|Philippine Autonomy Act of 1916|
|November 15, 1935 - July 4, 1946||1935 Constitution||Commonwealth of the Philippines||Presidential commonwealth||1934 Constitutional Convention||1935 Philippine constitutional plebiscite
|July 4, 1946 - January 16, 1973||Third Philippine Republic||Unitary presidential Constitutional republic|
|October 14, 1943 - August 17, 1945||1943 Constitution||Second Philippine Republic||Single-party authoritarian republic||Preparatory Committee for Philippine Independence|
|January 17, 1973 - February 22, 1986||1973 Constitution||Fourth Philippine Republic||Unitary dominant-party pseudo-parliamentary republic under totalitarian civic-military rule||1973 Constitutional Convention||1973 Philippine constitutional plebiscite
|March 25, 1986 – February 1, 1987||Provisional Constitution of the Philippines (1986)||Revolutionary Government||President Corazon Aquino, Drafted by Reynato Puno|
|February 2, 1987 – Present||1987 Constitution||Republic of the Philippines||Unitary presidential constitutional republic||1986 Constitutional Convention||1987 Philippine constitutional plebiscite
|Proposed Constitutional amendments to the 1987 Constitution|
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The 1897 Constitution of Biak-na-BatoEdit
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The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de Malabón, Cavite, on March 22, 1897, the first presidential and vice presidential elections in Philippine history were held—although only Katipuneros (viz., members of the Katipunan) were able to take part, and not the general populace. A later meeting of the revolutionary government established there, held on November 1, 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacán, established the Republic of Biak-na-Bato. The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and based on the first Cuban Constitution. It is known as the "Constitución Provisional de la República de Filipinas", and was originally written in and promulgated in the Spanish and Tagalog languages.
The organs of the government under the Philippine Constitution consist of three (3) divisions: (1) the Supreme Council[disambiguation needed], which was authorized with the power of the Republic in which it was headed by the President and the four different secretaries which was the interior, foreign affairs, treasury, and war; (2) the Consejo Supremo de Garcia Y Justicia (Supreme Council of Grace and Justice), which has the authority to create decisions and validate and refute the sentences given by the other courts and to command rules for the administration of justice; and (3) the Asamblea de Representantes (Assembly of the Representatives), which was to be assembled after the revolution to create a new constitution and to choose a new Council of Government and Representatives of the people.
The Constitution of Biak-na-Bato was never fully accomplished and it was signed by the Pact of Biak-na-Bato between the Spanish and the Philippine Revolutionary Army.
The 1899 Malolos ConstitutionEdit
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The Filipino revolutionary leaders accepted a payment from Spain and went to exile in Hong Kong. The Americans defeated the Spanish in the Battle of Manila Bay and Aguinaldo was transferred to the Philippines by the United States Navy. The newly reformed Philippine revolutionary forces returned to the control of Aguinaldo and the Philippine Declaration of Independence was issued on June 12,1898. On September 17, 1898, the Malolos Congress was elected which was composed of wealthy and educated men.
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. 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 of Mariano Ponce in 1898 that followed the Spanish constitutions; and the autonomy projects of Paterno in 1898.
The Malolos Constitution was the first republican constitution in Asia. It declared that sovereignty resides exclusively in the people, stated basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body. It also called for a parliamentary republic as the form of government. The president was elected for a term of four years by a majority of the Assembly. It was titled "Constitución política", and was written in Spanish following the declaration of independence from Spain, proclaimed on January 20, 1899, and was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan.
The Preamble reads:
|“||Nosotros los Representantes del Pueblo Filipino, convocados legítimamente para establecer la justicia, proveer a la defensa común, promover el bien general y asegurar los beneficios de la libertad, implorando el auxilio del Soberano Legislador del Universo para alcanzar estos fines, hemos votado, decretado y sancionado la siguiente||”|
- (We, the Representatives of the Filipino people, lawfully convened in order to establish justice, provide for common defence, promote the general welfare, and insure 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 following)
Acts of the United States CongressEdit
The Philippines was a United States Territory from December 10, 1898 to March 24, 1934 and therefore under the jurisdiction of the Federal Government of the United States. Two acts of the United States Congress passed during this period can be considered Philippine constitutions in that those acts defined the fundamental political principles and established the structure, procedures, powers and duties of the Philippine government.
Philippine Organic Act of 1902Edit
The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902" or the "Cooper Act", was the first organic law for the Philippine Islands enacted by the United States Congress. It provided for the creation of a popularly elected Philippine Assembly, and specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission (upper house) and the Philippine Assembly (lower house). Its key provisions included a bill of rights for the Filipinos and the appointment of two non-voting Filipino Resident Commissioner of the Philippines to represent the Philippines in the United States House of Representatives.
Philippine Autonomy Act of 1916Edit
The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the structure of the Philippine government by removing the Philippine Commission as the legislative upper house and replacing it with a Senate elected by Filipino voters, creating the Philippines' first fully elected national legislature. This act also explicitly stated that it was and had always been the purpose of the people of the United States to end their sovereignty over the Philippine Islands and to recognise Philippine independence as soon as a stable government can be established therein.
Tydings–McDuffie Act (1934)Edit
The 1935 ConstitutionEdit
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The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic (1946–1972). It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence.
Commonwealth of the Philippine Constitution was created that governed the country from 1935-1946 to prepare the country on achieving its independence. This constitution was dominantly influenced by Americans, which have the traces of the Malolos Constitution, the German, Spanish, and Mexican Constitution, constitutions of several South American countries and the unwritten English Constitution.
It was originally provided for a unicameral legislature composed of president and vice president elected for a six-year term without re-election. And was amended in the year 1940 to bicameral legislature composed of a senate and House of Representatives. The President is to be elected to a four-year term together with the Vice-President with one reelection; rights of suffrage by 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 the right of suffrage to women within two years after the adoption of the constitution.
The draft of the constitution was approved by the convention on February 8, 1935 and ratified by Pres. Roosevelt in Washington D.C on March 25, 1935. Elections were held in September 1935 and Manuel L. Quezon was elected as the president of the Commonwealth.
The Preamble reads:
|“||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 Constitution.||”|
The original 1935 Constitution provided for a unicameral National Assembly, and the President was elected to a six-year term without re-election. It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission and to grant the President a four-year term with a maximum of two consecutive terms in office.
A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was stained with manifest bribery and corruption. Possibly the most controversial issue was removing the presidential term limit so that Ferdinand E. Marcos could seek election for a third term, which many felt was the true reason for which the convention was called. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so.
The 1943 ConstitutionEdit
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The 1943 Constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile. In mid-1942 Japanese Premier Hideki Tōjō had promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic.
The Preparatory Committee for Philippine Independence tasked with drafting a new constitution was composed in large part, of members of the prewar National Assembly and of individuals with experience as delegates to the convention that had drafted the 1935 Constitution. Their draft for the republic to be established under the Japanese Occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch.
Upon approval of the draft by the Committee, the new charter was ratified in 1943 by an assembly of appointed, provincial representatives of the Kalibapi, the organization established by the Japanese to supplant all previous political parties. Upon ratification by the Kalibapi assembly, the Second Republic was formally proclaimed (1943–1945). José P. Laurel was appointed as President by the National Assembly and inaugurated into office in October 1943. Laurel was highly regarded by the Japanese for having openly criticised the US for the way they ran the Philippines, and because he had a degree from Tokyo International University.
The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States or of the Commonwealth of the Philippines and guerrilla organizations loyal to them. In late 1944, President Laurel declared a state of war existed with the United States and the British Empire and proclaimed martial law, essentially ruling by decree. His government in turn went into exile in December 1944, first to Taiwan and then Japan. After the announcement of Japan's surrender, Laurel formally dissolved the Second Republic.
The Preamble reads:
|“||The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their independence, and in order to establish a government that shall promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the creation of a world order based on peace, liberty, and moral justice, do ordain this Constitution.||”|
The 1943 Constitution provided strong executive powers. The Legislature consisted of a unicameral National Assembly and only those considered to be anti-US could stand for election, although in practice most legislators were appointed rather than elected.
Until the 1960s, the Second Republic and its officers, were not viewed as a legitimate Philippine government or as having any standing, with the exception of the Supreme Court, whose decisions, limited to reviews of criminal and commercial cases as part of a policy of discretion by Chief Justice José Yulo continued to be part of the official records. This was made easier by the Commonwealth government-in-exile never constituting a Supreme Court, and the formal vacancy in the position of Chief Justice for the Commonwealth with the execution of José Abad Santos by the Japanese). It was only during the Macapagal administration that a partial political rehabilitation of the Japanese-era republic took place, with the official recognition of Laurel as a former president and the addition of his cabinet and other officials to the roster of past government officials. However, the 1943 Constitution was not taught in schools, and the laws of the 1943-44 National Assembly never recognized as valid or relevant.
The 1973 ConstitutionEdit
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The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a unicameral National Assembly whose members were elected for six-year terms. The President was ideally elected as the symbolic and purely ceremonial head of state chosen from amongst the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a Member of the National Assembly. During his term, the President was not allowed to be a member of a political party or hold any other office.
Executive power was meant to be exercised by the Prime Minister who was also elected from amongst the sitting Assemblymen. The Prime Minister was to be the head of government and Commander-in-Chief of the Armed Forces. This constitution was subsequently amended four times (arguably five, depending on how one considers Proclamation № 3 of 1986, see below).
From 16–17 October 1976, a majority of barangay voters (also called "Citizen Assemblies") approved that martial law should be continued and ratified the amendments to the Constitution proposed by President Marcos.
The 1976 amendments were:
- an Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly;
- the President would also become the Prime Minister and he would continue to exercise legislative powers until such time as martial law was lifted.
The Sixth Amendment authorized the President to legislate on his own on an "emergency" basis:
Whenever in the judgement of the President there exists a grave emergency or a threat or imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land.
The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment, the retirement age of the members of the judiciary was extended to 70 years. In the 1981 amendments, the false parliamentary system was formally modified into a French-style semi-presidential system:
- executive power was restored to the President;
- direct election of the President was restored;
- an Executive Committee composed of the Prime Minister and not more than 14 members was created to "assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe;" and the Prime Minister was a mere head of the Cabinet.
- Further, the amendments instituted electoral reforms and provided that a natural born citizen of the Philippines who has lost his citizenship may be a transferee of private land for use by him as his residence.
The last amendments in 1984 abolished the Executive Committee and restored the position of Vice-President (which did not exist in the original, unamended 1973 Constitution).
While the 1973 Constitution ideally provided for a true parliamentary system, in practise, Marcos had made use of subterfuge and manipulation in order to keep executive powers for himself, rather than devolving these to the Assembly and the cabinet headed by the Prime Minister. The end result was that the final form of the 1973 Constitution – after all amendments and subtle manipulations – was merely the abolition of the Senate and a series of cosmetic rewordings. The old American-derived terminology was replaced by names more associated with parliamentary government: for example, the House of Representatives became known as the "Batasang Pambansâ" (National Assembly), Departments became "Ministries", and their cabinet secretaries became known as "cabinet ministers", with the President's assistant – the Executive Secretary – now being styled the "Prime Minister". Marcos' purported parliamentary system in practise functioned as an authoritarian presidential system, with all real power concentrated in the hands of the President but with the premise that such was now constitutional.
The 1986 Freedom ConstitutionEdit
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Immediately following the 1986 People Power Revolution that ousted Marcos, President Corazon C. Aquino issued Proclamation № 3 as a provisional constitution. It adopted certain provisions from the 1973 Constitution while abolishing others. It granted the President broad powers to reorganize government and remove officials, as well as mandating the president to appoint a commission to draft a new, more formal Constitution. This document, described above, supplanted the "Freedom Constitution" upon its ratification in 1987. This is the transitional constitution that lasted a year and came before the permanent constitution. It maintained many provisions of the 1973 Constitution, including in rewritten form the presidential right to rule by decree. The Convention[disambiguation needed] compose of 48 members appointed by the President.
- De Leon v. Esguerra, G.R. no. 78059
- Candelaria and Alphora, Jhon Lee and Veronica (2018). Readings in Philippine History. Recto Avenue, Manila, Philippines: Rex Book Store, Inc. pp. 71–82. ISBN 978-971-23-8665-7.
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