Constitution of the Philippines

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Constitution of the Philippines
Saligang Batas ng Pilipinas
Konstitusyon ng Pilipinas
Constitución de la República de Filipinas
JurisdictionFlag of the Philippines.svg  Philippines
CreatedOctober 12, 1986
PresentedOctober 15, 1986
Ratified February 2, 1987
Date effective February 2, 1987 [1]
System Unitary presidential constitutional republic
Branches 3
Chambers Bicameral Congress
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
LocationLegislative Archives, Library and Museum, Batasang Pambansa Complex, Quezon City
Commissioned by Revolutionary Government of Corazon Aquino
Author(s) Constitutional Commission of 1986
Signatories46 of the 50 commissioners
Supersedes Presidential Proclamation No. 3
Coat of Arms of the Philippines.svg
This article is part of a series on the
politics and government 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.

Filipino language official language of the Philippines

Filipino is the national language of the Philippines. Filipino is also designated, along with English, as an official language of the country. It is a standardized variety of the Tagalog language, an Austronesian regional language that is widely spoken in the Philippines. As of 2007, Tagalog is the first language of 28 million people, or about one-third of the Philippine population, while 45 million speak Tagalog as their second language. Tagalog is among the 185 languages of the Philippines identified in the Ethnologue. Officially, Filipino is defined by the Commission on the Filipino Language as "the native dialect, spoken and written, in Metro Manila, the National Capital Region, and in other urban centers of the archipelago."

Spanish language Romance language

Spanish or Castilian is a Romance language that originated in the Castile region of Spain and today has hundreds of millions of native speakers in the Americas and Spain. It is a global language and the world's second-most spoken native language, after Mandarin Chinese.

Constitution Set of fundamental principles or established precedents according to which a state or other organization is governed

A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, and commonly determine how that entity is to be governed.

Contents

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 ongoing American invasion during the time of its adoption.

Malolos Constitution

The Political Constitution of 1899, informally known as the Malolos Constitution, was the basic law of the First Philippine Republic. It was written by Felipe Calderón y Roca and Felipe Buencamino as an alternative to a pair of proposals to the Malolos Congress by Apolinario Mabini and Pedro Paterno. After a lengthy debate in the latter part of 1898, it was promulgated on 21 January 1899.

Campaigns of the Philippine–American War

During the Philippine–American War between 1899 and 1902, the United States Army conducted nine military campaigns. Two additional campaigns were conducted after the official end to the war on July 4, 1902 in connection with the Moro rebellion, which continued until 1913. Some other significant actions occurred outside of organized campaigns, both during the war itself and in the post-war period.

Background of the 1987 Constitution

Ruling by decree during the early part of her tenure and as a president installed via the People Power Revolution, President Corazon Aquino 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. A constitutional commission was soon called to draft a new constitution for the country.

People Power Revolution Series of popular demonstrations in the Philippines in 1986

The People Power Revolution was a series of popular demonstrations in the Philippines, mostly in the capital city of Manila from February 22–25, 1986. There was a sustained campaign of civil resistance against regime violence and alleged electoral fraud. The nonviolent revolution led to the departure of dictator Ferdinand Marcos, the end of his 21-year presidential rule, and the restoration of democracy in the Philippines.

Corazon Aquino Philippine politician and President

María Corazón "Cory" Cojuangco Aquino was a Filipino politician who served as the 11th President of the Philippines, becoming the first woman to hold that office. The first female president in the Philippines, Aquino was the most prominent figure of the 1986 People Power Revolution, which ended the 21-year rule of President Ferdinand Marcos. She was named Time magazine's Woman of the Year in 1986. Prior to this, she had not held any elective office.

Batasang Pambansa

The Batasang Pambansa was the former parliament of the Philippines, established as an interim assembly in 1978 and later as an official body in 1984. It was the fourth unicameral legislature in Philippine history. Members of the Batasang Pambansa were referred to as "Mambabatas Pambansa",, shortened to "MP", similar to the Westminster system.

The Constitutional Commission was composed of fifty 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 Philippine Constitutional Commission of 1986 was the Constitutional convention tasked with drafting the present iteration of the Constitution of the Philippines in 1986.

House of Representatives of the Philippines Lower house of the Congress of the Philippines

The House of Representatives of the Philippines is the lower house of the Congress of the Philippines. It is often commonly referred to as Congress and informally referred to as Camara or Kamara. Members of the House are officially styled as representative (Kinatawan) and sometimes informally called Congressmen/Congresswomen and are elected to a three-year term. They can be re-elected, but cannot serve more than three consecutive terms. Around eighty percent of congressmen are district representatives, representing a particular geographical area. There are 234 legislative districts in the country, each composed of about 250,000 people. There are also party-list representatives elected through the party-list system who constitute not more than twenty percent of the total number of representatives.

Supreme Court of the Philippines Highest court in the Philippines

The Supreme Court of the Philippines or referred to as simply by its colloquial term Korte Suprema, is the highest court in the Philippines. The Court was established by the second Philippine Commission in June 11, 1901 through the enactment of Act No. 136, an Act which had abolished the Real Audiencia de Manila.

Structure and contents

The preamble and eighteen self-contained articles with a section numbering that resets for every article.

Preamble

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: [2]

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 Territory

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 Policies

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:

Article III – Bill of Rights

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:

Search and seizure police power

Search and Seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.

The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy.

Freedom of the press or freedom of the media is the principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through constitutional or other legal protections.

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 – Citizenship

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 – Suffrage

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 Department

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, [3] the power to declare the existence of a state of war, [4] the power of the purse, [5] the power of taxation, [6] and the power of eminent domain. [7]

Article VII – Executive Department

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 Department

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 Commissions

Article IX establishes three constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Article X – Local Government

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 Officers

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 Patrimony

Article XIII – Social Justice and Human Rights

Article XIV – Education, Science and Technology, Arts, Culture and Sports

Article XV – The Family

Article XVI – General Provisions

Article XVII – Amendments or Revisions

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 Provisions

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. [8] 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. [9]

Evolution

Historical Philippine Constitutions
In operationConstitutionHistorical PeriodForm of GovernmentPromulgated byRatificationAmendments
November 1, 1897- December 14, 1897 Constitution of Biak-na-Bato Philippines flag 1st official.svg 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 Philippines Aguinaldo flag (obverse).svg First Philippine Republic Unitary semi-presidential constitutional republic Malolos Congress 1899 constitutional Plebiscite
ChoiceVotes%
For98100
Against00
Invalid/blank votes
Total98100
Source:The Laws of the First Philippine Republic (The Laws of Malolos) 1898-1899
December 10, 1898 - March 24, 1934 Philippine Organic Act (1902) Flag of the United States.svg American Colonial Period Unincorporated territories of the United States United States Congress
Philippine Autonomy Act of 1916
Tydings–McDuffie Act
November 15, 1935 - July 4, 1946 1935 Constitution Flag of the Philippines (navy blue).svg  Commonwealth of the Philippines Presidential commonwealth 1934 Constitutional Convention Philippine constitutional plebiscite, 1935
ChoiceVotes%
For1,213,04696.43
Against44,9633.57
Invalid/blank votes
Total1,258,009100
Registered voters/turnout1,935,972
Source: Direct Democracy
July 4, 1946 - January 16, 1973Flag of the Philippines (navy blue).svg Third Philippine Republic Unitary presidential Constitutional republic
October 14, 1943 - August 17, 1945 1943 Constitution Flag of the Philippines (1943-1945).svg  Second Philippine Republic Single-party authoritarian republic Preparatory Committee for Philippine Independence
January 17, 1973 - February 22, 1986 1973 Constitution Flag of the Philippines (light blue).svg Fourth Philippine Republic Unitary dominant-party pseudo-parliamentary republic under totalitarian civic-military rule 1973 Constitutional Convention Philippine constitutional plebiscite, 1973
e    d  Summary of the 10 January - 15 January 1973 Philippine constitutional plebiscite results
ChoiceVotes%
Yes14,976,56195.3
No743,8694.7
Total valid votes15,720,43079.0
Total votes cast19,908,76087.0
Registered voters22,883,632100
Source: Commission on Elections (Philippines)
March 25, 1986-February 1, 1987 Provisional Constitution of the Philippines (1986) Revolutionary Government President Corazon Aquino, Drafted by Reynato Puno [10]
February 2, 1987- Present 1987 Constitution Flag of the Philippines.svg  Republic of the Philippines Unitary presidential constitutional republic 1986 Constitutional Convention Philippine constitutional plebiscite, 1987
Philippine constitutional plebiscite, 1987
ChoiceVotes%
Yes check.svg Yes16,622,11177.04
No4,953,37522.96
Valid votes21,575,48699.04
Invalid or blank votes209,7300.96
Total votes21,785,216100.00
Proposed Constitutional amendments to the 1987 Constitution

The 1897 Constitution of Biak-na-Bato

The Memorial at Biak-na-Bato National Park Biak-na-BatoNationalParkjf6143 05.JPG
The Memorial at Biak-na-Bato National Park

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 heldalthough 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.[ citation needed ] 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. [11]

The 1899 Malolos Constitution

The Malolos Constitution was the first republican constitution in Asia. [12] 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. [13] It was titled "Constitución política", and was written in Spanish following the declaration of independence from Spain, [14] proclaimed on January 20, 1899, and was enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan. [15] [16]

The Preamble reads:

(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 Congress

The Philippines was a United States Territory from December 10, 1898 to March 24, 1934 [17] 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 1902

The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902", 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 1916

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)

Though not a constitution itself, the Tydings–McDuffie Act of 1934 provided authority and defined mechanisms for the establishment of a formal constitution via a constitutional convention.

The 1935 Constitution

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.[ citation needed ]

The Preamble reads:

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 Constitution

Jose P. Laurel, President of the Second Philippine Republic, addresses the National Assembly at what is now the Old Legislative Building to approve the 1943 Constitution. Laurel addresses National Assembly to approve 1943 Constitution.jpg
José P. Laurel, President of the Second Philippine Republic, addresses the National Assembly at what is now the Old Legislative Building to approve the 1943 Constitution.

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 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 Constitution

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. [20]

The 1976 amendments were:

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:

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 Constitution

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 reorganise 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.

See also

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Revolutionary Government of the Philippines (1898–1899) temporary government established in the Philippine Islands from 1898 to 1899

The Revolutionary Government of the Philippines was an insurgent government established in the Spanish East Indies on June 23, 1898, during the Spanish–American War, by Emilio Aguinaldo, its initial and only President. The government succeeded a dictatorial government which had been established by Aguinaldo on 18 June, and which was disestablished and replaced by this government upon its establishment. This government endured until January 23, 1899, when the proclamation of the Malolos Constitution established an insurgent Philippine Republic government which replaced it.

The Philippine Constitutional Convention of 1971 was called to change the 1935 Constitution of the Philippines. The delegates were elected on November 10, 1970, and the convention itself was convened on June 1, 1971. It was marked by controversies, including efforts to uphold term limits for incumbent President Ferdinand Marcos, and a bribery scandal in which 14 people, including First Lady Imelda Marcos, were accused of bribing delegates to favor the Marcoses.

References

  1. De Leon v. Esguerra, G.R. no. 78059
  2. "1987 Constitution of the Philippines,Preamble".
  3. 1987 Constitution of the Philippines, art. 6, sec. 21.
  4. 1987 Constitution of the Philippines, art. 6, sec. 26.
  5. 1987 Constitution of the Philippines, art. 6, sec. 25.
  6. 1987 Constitution of the Philippines, art. 6, sec. 28.
  7. 1987 Constitution of the Philippines, art. 6, sec. 9.
  8. "Pamatong vs. Comelec (G.R. No. 161872)". Supreme Court of the Philippines. April 13, 2004. Retrieved June 9, 2007.
  9. "Oposa et al. v. Fulgencio (G.R. No. 101083)". Supreme Court of the Philippines (requoted by Lawphil.net). July 30, 1993. Retrieved June 9, 2007.
  10. News, Gerry Lirio, ABS-CBN. "Judicial activist faces 'Don Quixote of federalism'". ABS-CBN News.
  11. "1897 Biac-na-Bato Constitution". [www.thecorpusjuris.com The Corpus Juris]. November 1, 1897. Retrieved January 25, 2009.
  12. Tucker, Spencer C. (2009). The encyclopedia of the Spanish-American and Philippine-American wars: a political, social, and military history. ABC-CLIO. p.  364. ISBN   978-1-85109-951-1.
  13. Guevara, Sulpico, ed. (2005). The laws of the first Philippine Republic (the laws of Malolos) 1898-1899. Ann Arbor, Michigan: University of Michigan Library (published 1972). pp.  cc=philamer, rgn=full%20text, idno=aab1246.0001.001, didno=aab1246.0001.001, view=image, seq=00000122 104–119 . Retrieved March 26, 2008.. (English translation by Sulpicio Guevara)
  14. Guevara 2005 , p.  88.
  15. Guevara 2005 , p.  104.
  16. Tucker 2009 , pp.  364–365
  17. On December 10, 1898, the Treaty of Paris transferred sovereignty from Spain to the United States. On March 24, 1934 the United States passed the Tydings–McDuffie Act that allowed the nation to have self-government through a ten-year transitional period in preparation for full independence. The United States recognized Philippine independence in the Treaty of Manila on July 4, 1946.
  18. Summary: Sanidad vs. Commission on Elections (GR L-44640, 12 October 1976), berneguerrero.com.
  19. G.R. No. L-44640 October 12, 1976, lawphil.net.
  20. In Sanidad vs. Comelec, L-44640, October 12, 1976 the Supreme Court ruled that on the basis of absolute necessity both the constituent power (the power to formulate a Constitution or to propose amendments or revision to the Constitution and to ratify such proposal, which is exclusively vested to the National Assembly, the Constitutional Convention, and the electorate) and legislative powers of the legislature may be exercised by the Chief Executive. [18] [19]

Bibliography