THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

MEMBERS OF THE CONSTITUTIONAL COMMISSION [CON COM] WHICH DRAFTED THE 1987 CONSTITUTION OF THE PHILIPPINES
Cecilia Munoz Palma President Ambrosio B. Padilla Vice-President Napoleon G. Rama Floor Leader Ahmad Domocao Alonto Assistant Floor Leader Jose D. Calderon Assistant Floor Leader

Yusuf R. Abubakar Felicitas S. Aquino Adolfo S. Azcuna Teodoro C. Bacani Jose F. S. Bengzon, Jr. Ponciano L. Bennagen Joaquin G. Bernas Florangel Rosario Braid Crispino M. de Castro Jose C. Colayco Roberto R. Concepcion Hilario G. Davide, Jr. Vicente B. Foz Edmundo G. Garcia Jose Luis Martin C. Gascon Serafin V.C. Guingona Alberto M. K. Jamir Jose B. Laurel, Jr. Eulogio R. Lerum Regalado E. Maambong Christian S. Monsod Teodulo C. Natividad Ma. Teresa F. Nieva Jose N. Nolledo Blas F. Ople Minda Luz M. Quesada Florenz D. Regalado Rustico F. de los Reyes, Jr. Cirilo A. Rigos Francisco A. Rodrigo Ricardo J. Romulo Decoroso R. Rosales Rene V. Sarmiento Jose E. Suarez Lorenzo M. Sumulong Jaime S. L. Tadeo Christine O. Tan Gregorio J. Tingson Efrain B. Trenas Lugum L. Uka Wilfrido V. Villacorta

Bernardo M. Villegas Attested by : Flerida Ruth P. Romero Secretary-General

Constitution
For the full text, see Constitution or Constitution (Full Text). While the Philippines was under Spanish rule for more than 300 years, the Spanish Constitution of 1876 was never extended to the Philippines.[1] Spanish rule ended with the conclusion of the Treaty of Parisbetween the United States and Spain on 10 December 1898. On 22 January 1899, the Malolos Constitution of the Philippine Republic under General Emilio Aguinaldo was adopted. The Malolos Constitution and government was short-lived as the Americans took over the reigns of government.[2] With the Philippines under the American regime, President McKinley issued Instructions to the Second Philippine Commission, the body created to take over the civil government in the Philippines in 1900.[3] The Philippine Bill of 1902 and the Jones Law of 1916 was subsequently enacted by the US Congress. This was followed by the Philippine Independence Law or Tydings-McDuffie Law of 1934 which guaranteed independence to the Philippines and authorized the drafting of a Philippine constitution. The Constitutional Convention then began working on the 1935 Constitution.[4] The 1935 Constitution was superseded by the 1973 Constitution which, in turn, was superseded by the 1987 Constitution drafted by the 1986 Constitutional Commission.

Brief History of the 1987 Constitution

When the late Pres. Ferdinand E. Marcos was deposed, the next president, Pres. Corazon C. Aquino, promulgated on 25 February 1986 a Provisional (Freedom) Constitution. Immediately thereafter, Pres. Aquino created a Constitutional Commission to frame a new constitution, which was ratified in a plebiscite on 2 February 1987. This is also the effectivity date of the Constitution of the Philippines.

The 1987 Constitution

The 1987 Constitution of the Republic of the Philippines is the fundamental law establishing, defining and governing the Fourth Philippine Republic and its government. Ratified in 1987, it was preceeded by the 1986 Freedom Constitution and the 1973 Constitution.
Contents 1 Overview 2 History 3 Preamble 4 The Constitution 5 Controversy 6 Proposed Amendments 7 References 8 Related Links 9 External links 10 Citation

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Overview

The 1987 Constitution primarily returns the presidential form of government with a bicameral Congress from the parliamentary form espoused by the 1973 Constitution, with the inclusion of several check-and-balance mechanisms among the three branches of government: judiciary, executive and legislative. These include allowing the president to proclaim martial law or suspend the writ of habeas corpus, but the suspension may not exceed 60 days and can be revoked by the a Congress majority. Meanwhile, the judiciary (via theJudicial and Bar Council) needs to submit a list of nominees for the president to choose from when appointing members of the Supreme Court as well as the lower courts. The 1987 Constitution also created the two autonomous regions in the country the Autonomous Region of Muslim Mindanao (ARMM) and the Cordillera Administrative Region(CAR)--as well as several government agencies such as the Commission on Human Rights, the Judicial and Bar Council, and the Office of the Ombudsman. Filipino was declared as the national language. [edit]

History

After Marcos' overthrow in the 1986 EDSA People Power Revolution, there was a need to replace the 1973 Constitution which was in use during the dictatorship. President Corazon C. Aquino then issued Proclamation No. 9 on 23 April 1986, ordering the formation of a Constitutional Commission (ConCom). Chaired by Cecilia Munoz Palma, the ConCom commenced work on 2 June 1986 at the Batasang Pambansa.

In the meantime, the Aquino administration used the 1986 Freedom Constitution, which was actually a set of major amendments to the 1973 Constitution. The new constitution was completed on 12 October 1986. The draft was presented to Aquino three days later, marking the start of a massive nationwide information campaign. A plebiscite for its ratification was held on 2 February 1987, with around 17 million voters in favor while only 5 million were against its ratification. The new constitution was then proclaimed as ratified and in effect on 11 February 1987, with the government and the military pledging their allegiance. However, the plebiscite date of 2 February 1987 is taken as the official date of ratification due to the Supreme Court ruling in the De Leon vs. Esguerra (153 SCRA 602) case on the term of several barangay officials in Brgy. Dolores, Taytay, Rizal. In the ruling, the Supreme Court took the plebiscite date as the basis for ruling in favor of the petitioners. [edit]

Preamble

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. [edit]

The Constitution

Preamble Article I: National Territory Article II: Declaration of Principles and State Policies Article III: Bill of Rights Article IV: Citizenship Article V: Suffrage Article VI: Legislative Department Article VII: Executive Department Article VIII: Judicial Department Article IX: Constitutional Commissions Article X: Local Government Article XI: Accountability of Public Officers 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 XVIII: Transitory Provisions

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Controversy

One criticism aimed at the 1987 Constitution is over the issue of clarity. Columnist Isagani Cruz says that it should be re-examined and rewritten to make it, for one thing, less talkative like a high school valedictory for the Constitution must be definite and its provisions selfexecuting, mandatory and prospective unless otherwise specifically provided. However, there have been some conflicting rulings by the Supreme Court on the self-executing nature of some provisions, such as in the case of Pamatong vs. Comelec (G.R. No. 161872). In the ruling, the provision which requires the State to guarantee equal access to opportunities to public service cannot be enforced without additional legislation; in this case, the Omnibus Election Code and COMELEC Resolution No. 6452. Contrary to this was the Supreme Court ruling on Oposa et al. vs. Fulgencio (G.R. No. 101083), where a provision requiring the State to protect and advance the right of the people to a balanced and healthful ecology was ruled as not requiring legislation for its implementation. [edit]

Proposed Amendments

Main article: Charter Change

There have been initiatives to amend the 1987 Constitution under every presidential administration since Aquino. First termed as Charter Change, or Cha-Cha, the proposed amendments under the Ramos administration revolved around the shift from a presidential to a parliamentary form of government. Estrada's CONCORD, meanwhile, proposed revisions to allow foreign ownership of land. Arroyo's Constitutional Assembly or ConAss, also involved shifting to a parliamentary style of government. The Ramos and Estrada initiatives did not push through because of unfavorable public opinion. Arroyo's ConAss, meanwhile, has talled due to the inaction of the Senate as well as the start of the campaign period for the 2010 elections.

History of Philippin e Constituti ons

Malolos Congress
It is known as the La Constitucin

poltica de Malolos and was written inSpanish.Foll owing the declaration of

independence from Spain by the Revolutionary Government, a congress was held

inMalolos, Bulacan in 1899 to draw up aconstitution. It was the first republican

constitution in Asia. The document declaresthat the people have exclusiv e sovereignty.

It states basic civil rights, the separationof church and state, and calls for the creation of an

Assembly of Representativ eswhich would act as the legislative body. It also calls for

a Presidential form of government with the president elected for a term of four

years by a majority of theAssembly. The Malolos Const itution establishedSp

anishas the official language of the Philippines.Th e Preamble reads:

 "Nosotros los Representantes del Pueblo Filipino, convocados legtimamente paraestablecer la justicia,

proveer a la defensa comn, promover el bien general y asegurar los beneficios de la libertad, implorando el

auxili del Soberano Legislador del Universo para alcanzar estos fines, hemos votado, decretado y

sancionado lasiguiente"

(We, the Representati ves of the Filipino

people, lawfully convened, in order toestablish justice, provide for

common defense, promote the general welfare, and insure the benefits

of liberty, imploring the aid of the Sovereign L egislator of theUniverse

for the attainment of these ends, have voted, decreed, and

sanctioned thefollowing )

Common wealth

and Third Republic (1935)