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17984344
17984344
17984344
While in the process of drafting a new Constitution, President Ferdinand Marcos declared
Martial Law on 21 September 1972
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.
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 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.
We, the sovereign Filipino people, imploring the aid of Divine
Providence, in order to establish a Government that shall
embody our ideals, promote the general welfare, conserve
and develop the patrimony of our Nation, and secure to
ourselves and our posterity the blessings of democracy under
a regime of justice, peace, liberty, and equality, do ordain and
promulgate this Constitution.
On February 11, 1987, the new constitution was proclaimed ratified and took effect.
Establishes the Philippines as a "democratic and republican State", where "sovereignty
resides in the people and all government authority emanates from them".
Corazon Aquino issued Proclamation No. 3, declaring a national policy to implement
the reforms mandated by the people, protecting their basic rights, adopting a
provisional constitution, and providing for an orderly translation to a government
under a new constitution.
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.
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 President’s advisers and heads of departments, is appointed by the
President and it assists him in his governance functions.
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.
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.
Constitutional reform in the Philippines, also known as Charter
Change (colloquially Cha-Cha) refers to the political and legal
processes needed to amend the current 1987 Constitution of the
Philippines. Under the common interpretation of the Constitution,
amendments can be proposed by one of three methods: a People's
Initiative, a Constituent Assembly or a Constitutional Convention.
People's Initiative (or "PI") is a common appellative in the Philippines that refers to either a
mode for constitutional amendment provided by the 1987 Philippine Constitution or to the act of
pushing an initiative (national or local) allowed by the Philippine Initiative and Referendum Act
of 1987. The appellative also refers to the product of either of those initiatives.
A Constitutional Convention, is one of the three methods to amend the Constitution of the
Philippines. The others are a People's Initiative or a Constituent Assembly. Article XVII, Section 3
of the Constitution says, "The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit to the electorate the
question of calling such a convention.
The Constituent Assembly, is a term describing one of the three methods by which
amendments to the 1987 Constitution of the Philippines may be proposed. The other two modes
are via People's Initiative and Constitutional Convention. All three require a majority vote in a
national referendum.
Constituent Assembly is composed of all members of the bicameral Congress of the Philippines
(Senate and the House of Representatives). It is convened by Congress to propose amendments to
the 1987 constitution. Under Article XVII of the Constitution of the Philippines, amendments pass
upon a vote of three fourths of all members of Congress, but it is not clear if the Congress should
vote as a single body or as separate houses. The convention of Congress into a Constituent
Assembly is not explicitly provided for in the Constitution, since the term "Constituent Assembly"
is not used in the Constitution.
Ramos Administration
The first attempt to amend the 1987 Constitution was under President Fidel Ramos. Among the
proposed changes in the constitution included a shift to a parliamentary system and the lifting of
term limits of public officials. Ramos argued that the changes will bring more accountability,
continuity, and responsibility to the "gridlock"-prone Philippine version of presidential
bicameral system. Some politically active religious groups, opposition politicians, business
tycoons and left-wing organizations opposed the process that was supposed to lead to a national
referendum. Critics argued that the proposed constitutional changes for one would benefit the
incumbent, Ramos. On September 21, 1997, a church-organized rally brought in an estimated half
a million people to Rizal Park.
Furthermore, on September 23, 1997, the advocates suffered a setback when the Supreme Court,
under Chief Justice Andres Narvasa, narrowly dismissed a petition filed by the People's Initiative
for Reform, Modernization and Action (PIRMA), which sought to amend the Constitution through
a signature campaign or People's Initiative. The Supreme Court dismissed the petition on the
grounds that the People's Initiative mode does not have enough enabling law for the proposed
revisions or amendments in the 1987 constitution.
Estrada Administration
Under President Joseph Estrada, there was a similar attempt to change the 1987 constitution. The
process is termed as CONCORD or Constitutional Correction for Development. Unlike
Constitutional Reform under Ramos and Arroyo the CONCORD proposal, according to its
proponents, would amend only the restrictive economic provisions of the constitution that are
considered to impede the entry of more foreign investments in the Philippines.
There were, once again, objections from opposition politicians, religious sects and left-wing
organizations based on diverse arguments such as national patrimony and the proposed
constitutional changes would be self-serving. Again, the government was accused of pushing
constitutional reform for its own vested interests.
Arroyo Administration
Endorsed a constitutional change through a constituent assembly, which entails a two-thirds vote of
the House to propose amendments or revision to the constitution. This initiative was alos not
successful since the term of President Arroyo was mired in controversy and scandal, including the
possibility of arroyo extending her term as president, which the constitution does not allow.
Aquino III administration
President Benigno Aquino III had no concrete plans regarding constitutional reform, but several
proposals were put forth by different members of Congress. Senate Resolution No. 10, by Senator
Pimentel, called for constitutional reform to convert to a federal republic. Belmonte's joint resolution
on economic provisions. They filed a bill pushing for a federal and parliamentary government, in
addition to economic liberalization.
Duterte administration
During the May 2016 election, Rodrigo Duterte stated in May 2016 that a plebiscite on the proposed
replacement of the unitary state with a federal one will be held in two years.
After winning, Duterte proposed to revive the proposed form of Nene Pimentel.On December 7, 2016,
President Duterte signed Executive Order No. 10 creating a consultative committee (ConCom) to
review the 1987 Constitution.Then on July 3, 2018, the ConCom unanimously approved the draft
constitution through voting. It was submitted to the President on or before July 9 of the same year.
Referred to as the "Bayanihan Constitution" (referring to the Filipino value of communal work) by
Duterte and the consultative committee the proposed federal charter includes an amendment that
aims to prohibit elected officials from switching political parties during the first and last two years of
their term, as a response to turncoat behavior. Also included are provisions that seek to ban political
dynasties, barring "persons related within the second civil degree of consanguinity or affinity" from
running for public office "simultaneously for more than one national and one regional or local
position."
Federalism is a proposed type of government wherein sovereignty is
constitutionally divided between the national government and sub
divisional governments (such as states or provinces). Federalism divides
the country into several autonomous states with a national government.