THE EVOLUTION OF THE PHILIPPINE CONSTITUTION: PHILIPPINE

CONSTITUTION II

CONSTITUTION
- The constitution was defined as a set of fundamental principles or established
precedents according to which a state or other organization is governed.
- The word itself means to be part of a whole (“Constitute”), the coming together
of distinct entities into one group, with the same principles and ideals. These
principles define the nature and extent of government
What constitution are we using today?
1973 CONSTITUTION: COSTITUTIONAL AUTHORITARIANISM
Ferdinand Marcos was elected president in 1965 and was reelected in 1969. And in
1967, the Philippine Congress passed a resolution calling for a constitutional convention to
change the 1935 constitution. They began to meet in 1971.
In September 21 1972, before the convention finished it’s work, Marcos declared
Martial Law because of the growing communists but according to martial law victims he did
this to influence the ongoing constitutional convention as a result the constitutional
convention wrote the onstitution in line with what President Marcos wanted.
On November 29, 1972, the convention approved its propose constitution and
submitted it in Citizens Assembly for ratification. And in January 17, 1973, President Marcos
issued proclamation No. 1102 announcing the proposed constitution had been ratified by an
overwhelming vote of the members of the Citizens Assemblies, and thus became effective.
The constitution was amended several times. In 1976, Citizen Assemblies, once again,
decided to allow the continuation of Martial Law, as well as approved the amendments:
An Interim Batasang Pambansa to substitute for the Interim National Assembly the president
to also became the Prime Minister and continue to exercise legislative powers until Martial
Law was lifted and authorized the President legislative on his own on an emergency basis.
In 1980, the retirement age of members of the judiciary was extended to 70 years.
In 1981, the parliamentary system was formally modified to a French-style, semi presidential
system; an executive Committee was to be created, compose of the Prime Minister and 14
others, that serve as the president’s cabinet.
In 1984, the Executive Committee was abolished and the position of the vice president was
restored.
After all the amendments introduced, the 1973 constitution was merely a way for the
president to keep executive powers, abolish the Senate, and by any means, never acted as a
parliamentary system, instead functioned as an authoritarian system, with all the real power
concentrated in the hands of the president, with the backing of the constitution.
 The tide turned swiftly when August 193, Benigno ‘Ninoy’ Aquino Jr. one of the
enemies of the President Marcos was assassinated immediately after his return from exile in
the United States and there was a widespread suspicion that it was an order from the top
levels of the government and the military. This event caused the coming together of the non-
violent opposition against Marcos authoritarian regime which forced Marcos to hold the
“snap” elections, which the results where controversial that it forced the Filipino people to a
historical uprising known as the EDSA people power 1 where Marcos and his family wet to
exile and Corazon Aquino became the new President.
1986 CONTITUTION: FREEDOM CONSTITUTION
The 1986 Constitution was implement by the authority of the Presidential
Proclamation No. 3, issued by President Corazon C. Aquino on March 25, 1986 abolishing
the 1973 Philippine Constitution. The 1986 Constitution was effective from March 25, 1986-
February 1, 1987.
The salient features of the Freedom Constitution:
It was a verbatim copy of the 1973 constitution minus the provision on the Batasang
Pambansa as it was completely abolished.
Aquino vested in herself both executive and legislative powers.
It was just a transitional constitution that lasted for a year.

1987 PHILIPPINE COSTITUION: CONSTITUTION AFTER MARTIAL LAW

In March 1986, President Aquino proclaimed a transitional constitution to last for a
year while a Constitutional Commission drafted a permanent constitution. In the same year, a
constitutional convention was created, composed of 48 members appointed by President
Aquino from varied backgrounds and representations. The convention drew up a permanent
constitution and was officially adopted on February 2, 1987.
Some of the important details of the 1987 Philippine Constitution include:
 Preamble: The preamble of the Constitution declares the sovereignty of the Filipino
people and the aspirations for a just and humane society.
 Bill of Rights: The Constitution guarantees a comprehensive Bill of Rights, which
includes the protection of freedom of speech, religion, and assembly, the right to due
process of law, and the right to a fair trial.
 Separation of Powers: The Constitution provides for the separation of powers among
the three branches of government: the executive, legislative, and judicial branches.
 Executive Branch: The Constitution provides for a presidential form of government
with a president as the head of state and government. The president is elected for a
single term of six years.
 Legislative Branch: The Constitution provides for a bicameral Congress consisting of
a Senate and a House of Representatives. The Senate is composed of 24 senators
elected for a term of six years, while the House of Representatives is composed of
members elected for a term of three years.
  Judicial Branch: The Constitution provides for an independent judiciary headed by a
Supreme Court composed of a Chief Justice and 14 Associate Justices. The
Constitution also establishes lower courts, such as the Court of Appeals and Regional
Trial Courts.
 Local Government: The Constitution provides for the decentralization of power
through the establishment of local government units, such as provinces, cities,
municipalities, and barangays.
 National Economy and Patrimony: The Constitution provides for the development of
a self-reliant and independent national economy, with the protection of Filipino-
owned businesses and the conservation of natural resources.
 Social Justice: The Constitution mandates the promotion of social justice, which
includes the provision of basic needs, such as food, shelter, and health care, to all
Filipinos.
 Education: The Constitution recognizes the right to education and mandates the
establishment of a system of education that promotes civic consciousness, critical
thinking, and scientific and technological knowledge.

ATTEMPTS TO AMEND OR CHANGE THE 1987 CONTITUTION

The 1987 Constitution of the Philippines outlined three methods to amend or change the
Constitution: Constituent Assembly, Constitutional Convention, and People’s Initiative.
These methods required the approval of a majority vote in a national referendum. Starting
with Fidel V. Ramos’s presidency, efforts were made to amend or change the 1987
Constitution using these modes.
 First attempt was made by the Secretary of National Security Council
Jose Almonte (1995)
 In 1997, a group called PIRMA attempted to gather signatures from voters to change
the constitution through a people’s initiative. However, this was met with opposition,
including from then Senator Miriam Defensor-Santiago. She took the issue to court
and emerged victorious as the Supreme Court ruled that a people’s initiative cannot
push through without an enabling law.
 During the presidency of Joseph Ejercito Estrada, he formed a study commission to
examine the issues related to charter change. However, this effort was met with
opposition and faced challenges from various entities.
 After Former Pre. Estrada was replaced by Gloria Macapagal-Arroyo. House Speaker
Jose De Venecia supported constitutional change through a Constituent Assembly.
However, this initiative was not successful due to the controversial and scandalous
nature of President Arroyo’s term.
 During the administration of President Benigno Aquino III, there was generally little
interest in charter change, except for various members of Congress, including Speaker
of the House Feliciano Belmonte Jr. Who made attempts to introduce amendments to
the Constitution specifically focused on economic provisions aimed at liberalization.
 Lastly, On December 7, 2016, President Duterte signed an executive order creating a
Consultative committee to review the Constitution