THE 1987 CONSTITUTION

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

A REACTION PAPER

In Partial Fulfillment of the Requirements

In the Subject

Readings in Philippine History

To be Submitted to

Ms. Erika Acosta Pesigan

Submitted by

Tubigan, Madelaine Mae P.

 The 1987 Constitution

The Constitution of the Republic of the Philippines

Many of the rules from the Marcos administration that had long oppressed the populace were

repealed when Aquino became administration. She unilaterally proclaimed the creation of a provisional

constitution in March. Despite the fact that this constitution gave the President considerable power and

responsibility, Aquino pledged to only use it to establish democracy again under a new constitution. A 48-

member appointed Constitutional Commission produced this new constitution in 133 days, and on

February 2, 1987, a popular election was held to implement it. The 1935 Constitution was heavily

modeled after the American Constitution, but it also included elements of Roman, Spanish, and Anglo

law.

Then, as President Corazon "Cory" Aquino was in her term The 1987 Constitution was approved

by the 1986 Constitutional Commission on October 12, 1986, and the 1987 Constitution of the Republic of

the Philippines was presented to her on October 15, 1986. It was ratified on February 2, 1987, by a

plebiscite. It was proclaimed in force on February 11, 1987. Wherein, the 1987 Constitution established a

representative democracy with the executive, a bicameral legislature, and the judiciary as the three

distinct and independent parts of government. The Commission on Audit, the Civil Service Commission,

and the Commission on Elections were three more independent constitutional commissions. Wherein, the

Civil Service Commission oversees government personnel as a central agency. To guarantee that

elections are fair and free for all participants, the Commission on Elections oversees and enforces all

election laws and rules. All finances, transactions, and property accounts of the government and its

agencies are lastly examined by the Commission on Audit. To ensure impartial decision-making, each of

these commissions is granted governance and budgetary independence from the other parts of

government. The Supreme Court has the authority to examine each decision made by these

commissions. In addition, the Constitution also establishes an Office of the Ombudsman to investigate

complaints of public corruption, improper conduct by public officials, and other forms of public

misconduct, further ensuring the moral and legal operation of the government. In this, can then charge

such misbehaving public officials before a special court called the Sandiganbayan.
 But under this Constitution of 1987, problems and difficulties appeared. And these are the

problems: spreading growth, de-concentration of power, minority rights, economic progress. The

difficulties that our organization face as a result of these problems included the following: corruption,

unsatisfactory law enforcement, a broken justice system, a lack of transparency and accountability in

public office, polarization between the wealthy and the poor, a lack of real protection for the human rights

of vulnerable groups (women, children, minorities, journalists, political activists), military involvement in

political issues, and also the end of the Cold War.

In addition, The 1987 Constitution, according to Robert Aura Smith, emphasizes Article III—the

Bill of Rights, which establishes the connection between the individual and the state and defines the

individual's rights by restricting the legal authority of the state. It is among the most important political

accomplishments of the Filipino people. The main idea behind the Bill of Rights is that the rights of every

human being must be protected, preserved, and safeguarded through the recognized procedures for

establishing constitutional law, not through the authority of an individual, membership in a particular group

or party, or even through reliance upon force of arms.

I've discovered that as time and administration pass, the 1987 Constitution develops its own

undesirable act. This constitution is thought to be the pinnacle of Philippine democracy. The development

of a country into a democratic-republican state is significantly influenced by its relationship to its charter.

And a nation will be at a high level of democratic maturity if it sincerely regards its constitution as a

guiding principle and as an existential manual for political life. Furthermore, even if the Consultative

Committee completes its proposal on time, the constitutional reform may not be implemented this year.

Constitutional obstacles may cause the process to stall, even with the support of both chambers of

Congress.

But my perspective as a student now focuses on the Bill of Rights' contributions to protecting

each person's right to freedom, including the opportunity to practice one's own religion, freely express

one's ideas and opinions, have a jury trial, and, most significantly, uphold the rights of individuals and

states. This is a crucial protection for us as humans because there are many who have been mistreated

and ignored due to a lack of fundamental human rights. To be good citizens, or even members of a

community, and to fully grasp our rights, we should exercise our rights while also carrying out our
obligations. These two can never be apart from one another and must always be together. You have a

responsibility to protect yourself from harm and danger if you have the right to life.

In conclusion, I learned that, despite the preamble being essentially an introduction to the

objective of the constitution, it is dominant, not only for those students who wish to study law but also for

a non-law student. Because that is where our government should function, it is crucial to recognize that it

also plays a significant part in our constitution. They base their choice on this principle: if a constitution's

story is unclear, they look to the preamble for clarification. I also notice that each phrase or clause in the

Preamble has a distinct meaning. Finally, by enforcing this constitutional right for present as well as future

generations, we can effectively support one another's development without feeling constrained by the

existence of fundamental rights or by the notion that these rights exist merely to preserve and protect us.

We must also keep in mind that, for us as Filipino citizens, rights are accompanied by obligations, as if

they were the two halves of a coin. The reason for this is that whereas obligations without rights would

make us subject to servitude, rights without duties would render us lawless.

References

Anonymous (2016). Constitutional History of Philippines. CONSTITUTIONNET. Retrieved from:

https://constitutionnet.org/country/philippines

Yusingco, M.H. (2018). What’s wrong with the 1987 Constitution? INQUIRER.NET. Retrieved from:

https://opinion.inquirer.net/112867/whats-wrong-1987-constitution

CDAsia (Ratified from 1987). The Constitution of the Republic of the Philippines. Official Gazette.

Retrieved from:

https://www.officialgazette.gov.ph/constitutions/1987-constitution/