Introduction
independence movement.
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
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 people’s 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 President’s 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 Issues Challenges
members of the Supreme Court, and a few
other constitutionally protected public officials economic the military in
like the Ombudsman. The Senate is then elites and give political
supposed to try the impeachment case. Each more actual questions
of these aforementioned independent
power to the  Ending the
agencies was created for the purpose of
promoting moral and ethical conduct in people? Muslim
government.  Better insurgency in
governance – southern
how to make Mindanao
government
System of Government more effective
under 1987 Constitution in meeting the
nation’s
aspirations?
Branch Hierarchy  Spreading
growth – how
to have more
even regional
Issues and Challenges development?
Issues Challenges

 Economic  Corruption Timeline

development  Poor law
– how to enforcement and 1542 Spanish claim the islands
ensure that an ineffective
economic justice system 1898 Spain cedes the Philippines to the US
growth also  Lack of
benefits the transparency 1902 US establishes civil government to
poorer and replace military rule
classes? accountability in
 Minority rights public office 1935 The Commonwealth of the
– how to  Polarization Philippines is established under
ensure multi- between the few President Manuel Quezon and the US
ethnicity and who are wealthy promises independence in 10 years
pluralism for and the many
religious and who are poor 1941 Japanese forces invade the islands
ethnic  Weak actual
minorities? protection of the 1944 The US retakes the islands
 De- human rights of
concentration vulnerable 1946 The US grants the new Republic of
of power – groups (women, the Philippines full independence
how to reduce children,
the minorities, 1965 Ferdinand Marcos becomes President
considerable journalists,
power of the political activists) 1969 Marcos is reelected despite
political and  Involvement of 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
Aquino’s widow Corazon, mass
protests of election results in favour
of Marcos forces him into exile
11 New Constitution passed
February
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 Impeachment trial against Estrada
2000 suspended, leading to mass protests
which replace Estrada with Vice-
President Gloria Arroyo
April 2001Estrada 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- Ethnic tensions mount between
2009 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
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 United States Department of
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2011. Web. 27 Jun 2011.
 United States Library of Congress. A
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 1987 Constitution of the Republic of
the Philippines. 1987. Web. 27 Jun
2011.
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