The 1987

Constitution
 Framing and ratification
The 1986 was drafted by a Constitutional
Commission created under Article V of
Proclamation No. 3 issued on March 25, 1986 which
promulgated the Provisional constitution or
“Freedom Constitution” following the installation of
a revolutionary government “through a direct
exercise of the power of the Filipino people.
 Pursuant to Proclamation No. 3, the President
promulgated on April 23, 1986 Proclamation No. 9,
the “Law Governing the Constitution Commission of
1986,” “ to organize the Constitutional Commission,
to provide for true details of its operation and
establish the procedure for the ratification or
rejected of the proposed new Constitution.”
 Under the Proclamation, the Constitutional
Commission “shall be compose of not more than fifty (50)
national, regional, and sectorial representatives who shall
be appointed by the President.” As constituted, the
Commission was composed only of forty-eight (48)
members – forty-two(42) men and six (6) women with a
preponderance of lawyers – because of the withdrawal of
an opposition and non-acceptance by the Iglesia ni kristo
of the president's offer to submit a nominee.
2. Merits and demerits of an
appointed framing body.

Admittedly, there where some merits or

advantages in delegating the drawing up the new
character to an appointed constitutional Convention.
 For one, the constitutional commission was not
expensive and time-consuming, as was our experience
with the 1971 constitution Convention and it was thus
practical because the country could not then afford the
cost electing delegates because of lack of funds, and
time was of the essence in view of the instability
inherent in a revolutionary government and need to
accelerate the restoration to full constitutional
democracy.
 However, the strongest and most fundamental argument
propounded against this method in that qn appointed body is
susceptible to the charge of lack in independence and the
suspicion of pressure and even manipulation by the appointing
of the people’s “ ideals and aspirations” to serve the country
for generations to come is a political exercise of
transcendental importance in a republican democracy and,
therefore, only those directly elected and empowered by the
people must be entrusted with the task to discharge this grave
and solemn responsibility.
Need to cure defect in the
constitution
To have a thoroughly Democratic and constitutional
government, it is absolutely necessary that the Constitution
be initially drafted by duly elected members of a
representative constituent assembly or constitutional
convention and later on approved by the people in a
plebiscite. Some see the need to straighten out the present
constitution which was drafted by non-elective
commissioners and ratified under the authority of a
revolutionary government.
The theory is posited that having the
constitution amended by the elected
delegates and having constitutional
amendments ratified under the democratic
government, we will have now cured any
defect in its formulation and ratification.
Merits and demerits of an appointive
framing body
 admittedly, there was some merits and advantages in
delegating the drawing up of the new character to an
appointed Constitutional Commission rather than to
an appointed Constitutional Commission rather than
to an elected Constitutional Convention.
 Forone, the Constitutional Commission was not
expensive and time-consuming, as was our experience
with the 1971 Constitution Convention and it was thus
practical because the country could not then afford
the cost of electing delegates because of lack of
funds, and time was of the essence in view of the
instability inherent in a revolutionary government and
the need to accelerate the restoration of full
constitutional democracy.
However, the strongest and the most
fundamental argument propounded against
this method is the appointed body is
susceptible to charge of lack of
independence and the suspicion of pressure
and even manipulation by the appointing
power.
 3. Need to cure defect in the
constitution
 Tohave a truly and democratic and constitutional
government, it is absolutely necessary that the
constitution be initially drafted by duly elected
members of a representative Constitution assembly or
constitutional convention and later on approved by the
people in a plebiscite.
The government of
the law and not of
men
 Concept
 by this principle, which is also know and has the same
import as the rule of law, is meant that no man is this
country––not even the government ––is above or beyond
the law. Every man, however high and mighty his station
may be, posse’s no greater rights than every other man
in the eyes of the law.
Exercise of government
power
A government of laws, as contrasted with a
government of men, is a limited government.
It has only the powers given it by the
Constitution and laws, and it may not go
beyond the grants and limitations.
 Observance of the Law
 The same is true of private individuals in the
community. They are also bound to respect to
sovereignty of the law. A person may not agree with
the wisdom and expediency of the law but it is duty
to follow the law so long as it remains in the statute
books. He cannot take the law into his own hand by
resorting violence or physical enforce his rights or
achieve his ends without being civilly and criminally
held liable for his action.
Significance of the principles

 Itis the basic the laws must be obeyed by all and

applied to everyone– rich or poor, lowly or powerful–
without fear or favor. The observance of the supremacy
of the rule of law by officials, individuals, and the
people as a whole forms the bedrock of our system of
justice.
Thank you
for
Listening