Constitutional history of the Philippines

Introduction
The Republic of the Philippines sits on an archipelago in Southeast Asia and consists of 7,107 islands
with a total area of 300,000 square kilometres. It is located at the intersection of several bodies of water: it
is bounded by the Pacific Ocean in the north, the South China Sea in the west, the Sulu and Celebes Seas
in the south, and the Philippine Sea in the east. Over 90 million people live on the islands, some 12
million of whom live in the capital region, Metro Manila. Most of the people on the islands are of the
same racial stock as the Malays and the Indonesians, but a Chinese minority (around 1.5%) make up an
influential part of the Philippine economy. There are eight major languages and close to a hundred
dialects.

Constitutional history
The Philippines had long been used as a trading port in Asia, and this led to their colonization by the
Spanish and later by the Americans. The Spanish converted most of the population to Catholicism and the
religion remains the dominant one in the country. During the later part of more than 300 years of Spanish
rule, nationalist sentiment began to grow among groups of Indios (which was how the Spanish referred to
the Filipinos), fuelled in large measure by the writings of national hero Jose Rizal (later executed by the
Spanish authorities) and other ilustrados (the Filipino intellegensia). A revolution was launched against
Spain and the revolutionaries declared Philippine independence in Kawit, Cavite on June 12, 1898. What
became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine
Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering what is called
the First Philippine Republic. In the Spanish-American War of 1898, the revolutionaries sided with the
Americans, hoping that, with the defeat of Spain, independence would be granted by the US to the
Philippines. This, however, did not happen. After Spain ceded (or sold) the islands to the United States in
the Treaty of Paris, the US immediately proceeded to brutally suppress the Philippine independence
movement.

In 1916, the US passed the Jones Act which specified that independence would only be granted upon the
formation of a stable democratic government modelled on the American model, not the French model as
the previous constitution had been. The US approved a ten-year transition plan in 1934 and drafted a new
constitution in 1935. World War II and the Japanese invasion on December 8, 1941, however, interrupted
that plan. After heroic Filipino resistance against overwhelming odds finally ended with the fall of Bataan
and Corregidor in 1942, a Japanese republic was established, in reality, a period of military rule by the
Japanese Imperial Army. A new constitution was ratified in 1943 by Filipino collaborators who were
called the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerilla movement
continued to resist the Japanese occupation. The Japanese forces were finally defeated by the Allies in
1944 and this sorry chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which featured
a political system virtually identical to the American one, became operative. The system called for a
President to be elected at large for a 4-year term (subject to one re-election), a bicameral Congress, and an
independent Judiciary.

Independence to martial law

From the moment of independence, Filipino politics have been plagued by the twin demons of corruption
and scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-57), Carlos Garcia (1957-61), and
Diosdado Macapagal (1961-65) managed to stabilize the country, implement domestic reforms, diversify
the economy, and build Philippine ties not only to the United States, but also to its Asian neighbours.

Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first president to be so
re-elected. Desirous of remaining in power beyond his legal tenure, he declared martial law in 1972, just
before the end of his second and last term, citing a growing communist insurgency as its justification. He
then manipulated an ongoing Constitutional Convention and caused the drafting of a new constitution
the 1973 Constitution which allowed him to rule by decree until 1978 when the presidential system of
the 1935 Constitution was replaced with a parliamentary one. Under this new system, Marcos held on to
power and continued to govern by decree, suppressing democratic institutions and restricting civil
freedoms. In 1981, martial law was officially lifted, but Marcos continued to rule by the expedient of
being re-elected in a farce of an election to a new 6-year term. He continued to suppress dissent and
thousands of vocal objectors to his rule either mysteriously disappeared or were incarcerated. Despite
economic decline, corruption allowed Marcos and his wife Imelda to live extravagantly, causing
resentment domestically and criticism internationally.

The peoples choice

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983,
widespread outrage forced Marcos to hold snap elections a year early. The election was marked by
fraud on the part of Marcos and his supporters but Marcos had himself declared the winner
constitutionally, amidst international condemnation and nationwide domestic protests. A small band of
military rebels tried to mount a coup, which failed because of its discovery, but this triggered what
became internationally celebrated as the People Power revolution, when droves of people spilled out
onto the streets to protect the rebels, eventually numbering well over a million. Under pressure from the
United States, Marcos and his family fled into exile. His election opponent, Benigno Aquino Jr.s widow
Corazon, was installed as president on February 25, 1986.

The 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people for
so long. In March, she issued a unilateral proclamation establishing a provisional constitution. This
constitution gave the President broad powers and great authority, but Aquino promised to use them only
to restore democracy under a new constitution. This new constitution was drafted in 133 days by an
appointed Constitutional Commission of 48 members and ratified by the people in a plebiscite held on
February 2, 1987. It was largely modelled on the American Constitution which had so greatly influenced
the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.

The 1987 Constitution established a representative democracy with power divided among three separate
and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. There
were three independent constitutional commissions as well: the Commission on Audit, the Civil Service
Commission, and the Commission on Elections. Integrated into the Constitution was a full Bill of Rights,
which guaranteed fundamental civil and and political rights, and it provided for free, fair, and periodic
elections. In comparison with the weak document that had given Marcos a legal fiction behind which to
hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of political repression and
oppression.

Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the head of
the state and the chief executive, but he is subject to significant checks from the other branches, especially
in times of emergency, which, given the history of the country, was obviously intended to be a safeguard
against a repeat of Marcos martial law despotism. For example, in cases of national emergency, the
President can still declare martial law, but not for a period longer than 60 days. Congress can revoke this
decision by a majority vote, or it can also extend it for a period to be determined by the Congress.
Additionally, the Supreme Court can review the declaration to decide if there were sufficient facts to
justify martial law. The President can grant pardons and amnesty. He is also empowered to make or accept
foreign loans. He cannot, however, enter into treaties without the consent of the Senate. The President and
Vice-President are elected at large by a direct vote, but the President may only serve one 6-year term. The
Cabinet, consisting of the Presidents advisers and heads of departments, is appointed by the President
and it assists him in his governance functions.

Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House
of Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve no
more than two consecutive 6-year terms. The House is composed of 250 elected members. Most of these
Representatives are elected by district for 3-year terms, but 20% of the total membership is chosen in
proportion to party representation. Besides the exclusive power to legislate, one of the most important
powers of Congress is the ability to declare war, which it can through a two-thirds vote in both houses.
Even the power to legislate, however, is subject to an executive check. The President retains the power to
veto a bill passed by both houses, and Congress may override this veto only with a two-thirds vote in both
houses.

Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a
Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by
the President without need for confirmation by Congress. Appointment, however, is limited to a list of
nominees presented to the President by a constitutionally-specified Judicial and Bar Council. This
Council consists of 7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a
representative from Congress, a representative of the Integrated Bar, a professor of law, a retired member
of the Supreme Court, and a representative of the private sector. The first four serve for four years, the
law professor for three, the retired Justice for two, and the private sector representative for one year. The
Supreme Court Justices may hear, on appeal, any cases dealing with the constitutionality of any law,
treaty, or decree of the government, cases where questions of jurisdiction or judicial error are concerned,
or cases where the penalty is sufficiently grave. It may also exercise original jurisdiction over cases
involving government or international officials. The Supreme Court also is charged with overseeing the
functioning and administration of the lower courts and their personnel.

Government oversight bodies

The Constitution also establishes three independent Constitutional Commissions. The Civil Service
Commission acts as a central agency in charge of government personnel. The Commission on Elections
enforces and administers all election laws and regulations to ensure that they are free and fair for all
involved. Finally, the Commission on Audit examines all funds, transactions, and property accounts of the
government and its agencies. Each of these Commissions is given governing and financial autonomy from
the other branches of government to ensure unbiased decision-making. All decisions made by these
Commissions are reviewable by the Supreme Court. To further ensure the ethical and lawful functioning
of the government, the Constitution also creates an Office of the Ombudsman to investigate complaints
regarding public corruption, unlawful behaviour of public officials, and other public misconduct. The
Ombudsman can then charge such misbehaving public officials before a special court called the
Sandiganbayan. The Ombudsman is also independent administratively and financially from the other
branches of government, although the President is vested with the power to appoint the Ombudsman and
his Deputies (from a list also prepared by the Judicial and Bar Council) for single 7-year terms. Only the
House has the power to initiate impeachment of the President, the members of the Supreme Court, and a
few other constitutionally protected public officials like the Ombudsman. The Senate is then supposed to
try the impeachment case. Each of these aforementioned independent agencies was created for the
purpose of promoting moral and ethical conduct in government.

System of Government under 1987 Constitution

Branch Hierarchy Appointment Powers Removal

Executive President Elected by a direct vote

Nominates the Cabinet and Upon the
Cabinet
other high officials end of 6 year term
Nominated by the President and
confirmed by a commission on appointments Head of Government Upon
resignation
Ensures faithful execution
of the laws Upon
impeachment by the
legislature
Commander-in-Chief of the
Armed Forces

Contracts for foreign loans

Upon
removal by the
Declares martial law
President

Upon
resignation
Advises the President

Legislativ Senate
e Elected by a direct vote Election monitoring Upon
House of
resignation
Representatives
Introduces and passes
legislation by a majority vote Upon the
end of a 6 - year term
Elected by districts or a party-list
system Conductes inquiries in
pursuit of passing legislation

Declares war with joint Upon

two-thirds vote of Congress resignation

Upon the
end of a 3- year term
Election monitoring

Introduces and passes

legislation
 Branch Hierarchy Appointment Powers Removal

Introduces and passes

financial legislation

Conduct inquiries in pursuit

of passing legislation

Declaring war with joint

two-thirds vote of Congress

Judicial Supreme Court

Appointed by the President Administrative supervision Upon
over other courts resignation

Jurisdiction over cases Upon

involving ambassadors and public reaching the age of 70
officials

Constitutional review

Issues and Challenges

Issues Challenges

Economic development how to ensure that Corruption

economic growth also benefits the poorer
classes? Poor law enforcement and an ineffective
justice system
Minority rights how to ensure multi-
ethnicity and pluralism for religious and Lack of transparency and accountability in
ethnic minorities? public office

De-concentration of power how to reduce
the considerable power of the political and
economic elites and give more actual power
to the people?
Better governance how to make government
more effective in meeting the nations
aspirations?
Spreading growth how to have more even
regional development?
Polarization between the few who are
wealthy and the many who are poor
Weak actual protection of the human rights
of vulnerable groups (women, children,
minorities, journalists, political activists)
Involvement of the military in political
questions
Ending the Muslim insurgency in southern
Issues Challenges

Mindanao

Timeline
1542 Spanish claim the islands
1898 Spain cedes the Philippines to the US
1902 US establishes civil government to replace military rule
1935 The Commonwealth of the Philippines is established under President Manuel Quezon and
the US promises independence in 10 years
1941 Japanese forces invade the islands
1944 The US retakes the islands
1946 The US grants the new Republic of the Philippines full independence
1965 Ferdinand Marcos becomes President
1969 Marcos is reelected despite allegations of elections fraud, Vietnam protests begin, Muslim
separatists begin guerrilla war in the south
1972 Marcos declares martial law, suspends parliaments, arrests opposition leaders, and imposes
censorship regulations
1973 New constitution adopted granting Marcos broad powers
1981 Marcos wins reelection, martial law lifted
1983 Oppoisiton leader Benigno Aquino killed as he returns to the Philippines from exile
1986 Marcos opposed in elections by Aquinos widow Corazon, mass protests of election results
in favour of Marcos forces him into exile
11 February New Constitution passed
1987
1992 Aquino replaced as President by defence minister Fidel Ramos
1996 Peace agreement signed with Muslim separatist group
1998 Joseph Estrada, former film star, elected President
January 2000 Impeachment trial against Estrada suspended, leading to mass protests which replace
Estrada with Vice-President Gloria Arroyo
April 2001 Estrada found guilty of stealing more than 80 million dollars of state funds during
Presidency, but later pardoned
June 2004 Arroyo elected to Presidency
2005 Arroyo resists attempt to impeach her under allegations of vote-rigging, declares a state of
emergency in response to an alleged military coup
2007-2009 Ethnic tensions mount between Islamic separatist groups and Christian majority
June 2010 Beningo Noynoy Aquino, son of Corazon Aquino, elected President
*Developed with input from Dr Florangel Braid (former member of the Constitutional Commission) and
Rene Azurin

Bibliography
United States. CIA World Factbook: Philippines. , 2011. Web. 27 Jun 2011.

"Philippines Country Profile." 22/04/2011. BBC News. Web. 27 Jun 2011.

United States Department of State. Background Note: Philippines. , 2011. Web. 27 Jun 2011.
 United States Library of Congress. A Country Study: Philippines. , 2011. Web. 27 Jun 2011.

1987 Constitution of the Republic of the Philippines. 1987. Web. 27 Jun 2011.

Maddex, Robert L. Constitutions of the World. 3rd ed. Washington, D.C.: CQ Press, 2008. Print.

Bacani, Benedicto. Presidential System in the Philippines: Some Issues and Concerns. Web. 8 Jul.
2011.

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