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Chap 01 PDF
acidcowart
collective
sanpablo
introduction
MALOLOS CONSTITUTION
1935 CONSTITUTION
1973 CONSTITUTION
1987 CONSTITUTION
pa r t
1
I P E R Changing the Constitution
6 Introduction
part one 7
Malolos Constitution
The Commonwealth Constitution was
The first Constitution of the approved in1935
Philippines was the Malolos
Constitution; it was a result of the
proclamation of Philippine
Independence in Kawit, Cavite on June
12, 1898 and was because of the efforts
of twenty years of revolutionary struggle The Malolos Constitution created a
launched by Dr. Jose Rizal, Andres parliamentary form of government but with
Bonifacio, Apolinario Mabini and a president. This Constitution was
Generals Emilio Aguinaldo and patterned after those of Belgium, France and
Antonio Luna. some South American Republics.
part one 9
1987 Constitution
A Constitutional
Commission was appointed
by the President on May 25
1986. Forty-four names were
selected from the hundreds
recommended by President
Aquino’s cabinet and the
public. The appointed
delegates were prohibited
from running for office for
one year after the ratification
of the Constitution. Most of
the delegates were wealthy
and educated and
represented a wide range
The 1987 Constitution provided for a two-
including lawyers, chamber (bicameral) legislature.
nationalists, leftists, a nun,
a priest and the like.
The Commission disposed of the Marcos’ The 1935 Constitution, on the other
parliamentary form of government as well as hand, was amended twice. First, when the
the one chamber (unicameral) legislature. one house National Assembly was replaced
This Constitution was ratified on February by a two house (bicameral) legislature in
2, 1987 and proclaimed on February 11, 1940. Second, when the Parity Amendment
1987. was ratified in 1946.
Of the four, two were never changed. The The 1973 Constitution was amended by
Malolos Constitution was short-lived while then dictator Marcos himself before it was
proposed changes to the 1987 constitution put forward for ratification. He introduced
found stiff resistance from the people. several amendments, particularly in the
part one 11
temporary provisions, giving him an The second effort during the Ramos
excuse to not immediately convene the term happened in 1997, when the Pedrosa
constitutionally-mandated National couple formed a group called PIRMA
Assembly and postpone elections. hoping to gather signatures from the voters
to change the charter through a people’s
The Ramos administration attempted initiative. This attempt did not succeed
to change the current 1987 Constitution because many groups protested the initiative
twice. The first attempt was in 1995, when including former Senator Miriam Santiago
then Secretary of National Security who brought the issue to court. She won
Council Jose Almonte drafted a the case because the Supreme Court judged
constitution. Before they could succeed in that a people’s initiative cannot push
their effort, a group of non-government through without an enabling law.
organizations—including IPER—exposed
to the media the intentions of changing A few months after the inauguration
the constitution. They found that an of former President Estrada, a study
important provision that protects the commission was formed to conduct a study
interest of the people, particularly the bill on the issues of charter change focusing on
of rights, had been changed in this draft the economic and judiciary provisions of
constitution. the constitution. This effort was blocked
Of course, this elite class, both the old Reform of the constitution is therefore
and the new, continues to pay homage to seen by an increasing number of those who
formal democracy but has been reluctant to fought in the two EDSAs as a basic
share this democracy with the masses even requirement to fulfill the promises for
with the clear mandate given by the 1987 democracy and good governance made at
Constitution for a broadened participation EDSA. This is the reason why many initially
of the people in the democratic process. proposed at the start of the Estrada
Many of the provisions in the 1987 administration the passage of a bill mandating
Constitution for this purpose have yet to be constitutional reform through a constitutional
put into law and implemented. convention. The only reason why they later
1935
constitution
197 3 1987
constitution constitution
changed their mind and opposed Estrada’s resolution for a constituent assembly even
constitutional change agenda was when it in the face of an overwhelming opposition
became clear the changes would further in the Senate and in civil society at large.
strengthen the exclusive elite hold on power. This led to a stand-off that lasted until
January 2004 when Speaker Jose de Venecia
During the present Macapagal- announced that the House was open to the
Arroyo’s administration, calls for holding of a constitutional convention. By
constitutional change have gone back to then, it was too late to do anything about
political reforms, particularly regarding electing delegates during the 2004
the shift to a one body parliamentary elections.
system. This major reform is one that is
supported by virtually all major political The incoming 13th Congress will have
parties and groups in civil society. the responsibility of once again deciding
on the question of constitutional reforms.
This time, the controversy revolves More than any other time during the post-
around the way to change: whether Marcos period, there exists the possibility
through an act of Congress meeting as a for a positive decision this time.
constituent assembly or through delegates
directly elected by the people meeting in The one fundamental question
a constitutional convention. remains: are the people agreeable to
constitutional change at present? This
Unfortunately, the House of research on people’s vie ws on
Representatives stubbornly stood by its constitutional change will hopefully help
to answer this important question