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The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution". [1] Philippine constitutional law experts recognize three other previous constitutions as having effectively governed the country the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.[2][3] Constitutions for the Philippines were also drafted and adopted during the short-lived governments of Presidents Emilio Aguinaldo (1898) and Jos P. Laurel (1943).
Contents
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1 Background of the 1987 Constitution 2 Parts of the 1987 Constitution 3 Preamble of the 1987 Constitution 4 Significant features of the 1987 Constitution 5 Historical constitutions
5.1 Constitution of La Liga Filipina 5.2 Constitution of Biak-na-Bato (1897) 5.3 Malolos Constitution (1899) 5.4 Acts of the United States Congress 5.5 Commonwealth and Third Republic (1935) 5.6 Second Republic (1943) 5.7 The New Society and the Fourth Republic (1973) 5.8 1986 "Freedom Constitution"
(Lino Brocka). Aquino also deliberately appointed 5 members, including former Labor Minister Blas Ople, who had been allied with Marcos until the latter's ouster. After the Commission had convened, it elected as its president Cecilia Muoz-Palma, who had emerged as a leading figure in the anti-Marcos opposition following her retirement as the first female Associate Justice of the Supreme Court. The Commission finished the draft charter within four months after it was convened. Several issues were heatedly debated during the sessions, including on the form of government to adopt, the abolition of the death penalty, the continued retention of the Clark and Subic American military bases, and the integration of economic policies into the Constitution. Brocka would walk out of the Commission before its completion, and two other delegates would dissent from the final draft. The ConCom completed their task on October 12, 1986 and presented the draft constitution to President Aquino on October 15, 1986. After a period of nationwide information campaign, a plebiscite for its ratification was held on February 2, 1987. More than three-fourth of all votes cast, 76.37% (or 17,059,495 voters) favored ratification as against 22.65% (or 5,058,714 voters) who voted against ratification. On February 11, 1987, the new constitution was proclaimed ratified and took effect. On that same day, Aquino, the other government officials, and the Armed Forces of the Philippines pledged allegiance to the Constitution.
has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections.[7] But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights.[8]
(We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits
of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following)
was the first organic law for the Philippine Islands enacted by the United States Congress. It provided for the creation of a popularly elected Philippine Assembly, and specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission (upper house) and the Philippine Assembly (lower house). Its key provisions included a bill of rights for the Filipinos and the appointment of two nonvoting Filipino resident commissioners to represent the Philippines in the United States Congress.
2. The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the
structure of the Philippine government by removing the Philippine Commission as the legislative upper house, replacing it with a Senate elected by Filipino voters. This act also explicitly stated that it was and had always been the purpose of the people of the United States to withdraw their sovereignty over the Philippine Islands and to recognize Philippine independence as soon as a stable government can be established therein. Though not a constitution itself, the Tydings-McDuffie Act of 1934 provided authority and defined mechanisms for the establishment of a formal constitution via a constitutional convention.
The original 1935 Constitution provided for unicameral National Assembly and the President was elected to a six-year term without re-election. It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission. The Constitution now granted the President a four-year term with a maximum of two consecutive terms in office.
A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was stained with manifest bribery and corruption. Possibly the most controversial issue was removing the presidential term limit so that Ferdinand E. Marcos could seek election for a third term, which many felt was the true reason for which the convention was called. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so.
charter was not taught in schools and the laws of the 1943-44 National Assembly never recognized as valid or relevant. The Preamble reads:
The 1943 Constitution provided strong executive powers. The Legislature consisted of a unicameral National Assembly and only those considered as anti-US could stand for election, although in practice most legislators were appointed rather than elected.
The Sixth Amendment authorized the President to legislate: Whenever in the judgment 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. The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment, the retirement age of the members of the Judiciary was extended to 70 years. In the 1981 amendments, the false parliamentary system was formally modified into a French-style semipresidential system: executive power was restored to the President; direct election of the President was restored;
an Executive Committee composed of the Prime Minister and not more than fourteen members was created to assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe; and the Prime Minister was a mere head of the Cabinet. Further, the amendments instituted electoral reforms and provided that a natural born citizen of the Philippines who has lost his citizenship may be a transferee of private land for use by him as his residence.
The last amendments in 1984 abolished the Executive Committee and restored the position of Vice-President (which did not exist in the original, unamended 1973 Constitution). In actual practice, while the 1973 Constitution was ideally supposed to set up a true parliamentary system, the late President Marcos had made use of subterfuge and manipulation in order to keep executive power for himself, rather than devolving executive powers to the Parliament, as headed by the Prime Minister. The end result was that the 1973 Constitution - due to all amendments and subtle manipulations - was merely the abolition of the Senate and a series of cosmetic text-changes where the old American-derived terminologies such House of Representatives became known as the "Batasang Pambansa" (National Assembly), Departments became known as "Ministries", cabinet secretaries became known as "cabinet ministers", and the President's assistant - the Executive Secretary - became known as the "Prime Minister." Ultimately, Marcos' so-called "Parliamentary System" therefore functioned as an authoritarianrun Presidential System due to the series of amendments and other modifications put in place after the 1973 Constitution was ratified.
[edit] References
1. ^ a b "The 1987 Constitution of the Republic of the Philippines". 15 October 1986.
http://www.thecorpusjuris.com/laws/constitutions/8-philippineconstitutions/70-1987-constitution.html. Retrieved 2008-04-03.
2. ^ Isagani Cruz (1993). Constitutional Law. Quezon City, Philippines: Central Lawbook Publishing Co.,
Inc.. pp. 19. ISBN 971-16-0184-2.
3. ^ Joaquin Bernas, S.J. (1996). The 1987 Constitution of the Republic of the Philippines: A Commentary.
Manila, Philippines: Rex Book Store. pp. xxxiv-xxxix. ISBN 971-23-2013-8.
4. ^ "1986 Provisional "Freedom" Constitution of the Republic of the Philippines". 25 March 1986.
http://www.thecorpusjuris.com/laws/constitutions/8-philippineconstitutions/69-1986-constitution.html. Retrieved 2008-04-03.
6. ^ "People vs. Tatud (G.R. No. 144037)". Supreme Court of the Philippines. 26 September 2003.
http://www.supremecourt.gov.ph/jurisprudence/2003/sep2003/144037.htm. Retrieved 2007-06-09.
7. ^ "Pamatong vs. Comelec (G.R. No. 161872)". Supreme Court of the Philippines. 13 April 2004.
http://www.supremecourt.gov.ph/jurisprudence/2004/apr2004/161872.htm. Retrieved 2007-06-09.
8. ^ "Oposa et al. v. Fulgencio (G.R. No. 101083)". Supreme Court of the Philippines (requoted by
Lawphil.net). 30 July 1993. http://www.lawphil.net/judjuris/juri1993/jul1993/gr_101083_1993.html. Retrieved 2007-06-09.
9. ^ 1897 Constitution of Biak-na-Bato (Philippines) at Wikisource. 10. ^ "1897 Biac-na-Bato Constitution". Corpus Juris. 1 November 1897.
http://www.thecorpusjuris.com/laws/constitutions/8-philippineconstitutions/300-1897-biac-na-batoconstitution.html?showall=1. Retrieved 2009-01-25.
11. ^ Tucker, Spencer C. (2009). The encyclopedia of the Spanish-American and Philippine-American wars: a
political, social, and military history. ABC-CLIO. p. 364. ISBN 9781851099511. http://books.google.com/?id=8V3vZxOmHssC
12. ^ Guevara, Sulpico, ed (2005). The laws of the first Philippine Republic (the laws of Malolos) 1898-1899..
Ann Arbor, Michigan: University of Michigan Library (published 1972). pp. 104119. http://quod.lib.umich.edu/cgi/t/text/text-idx?c=philamer;iel=1;view=toc;idno=aab1246.0001.001. Retrieved 2008-03-26 . (English translation by Sulpicio Guevara)
13. ^ Guevara 2005, p. 88. 14. ^ Guevara 2005, p. 104. 15. ^ Tucker 2009, pp. 364365 16. ^ On December 10, 1898, the Treaty of Paris transferred sovereignty from Spain to the United States. On
March 24, 1934 the United States passed the Tydings-McDuffie Act that allowed the nation to have selfgovernment through a ten year transitional period in preparation for full independence. The United States recognized Philippine independence in the Treaty of Manila on July 4, 1946.
17. ^ Summary: Sanidad vs. Commission on Elections (GR L-44640, 12 October 1976), berneguerrero.com. 18. ^ G.R. No. L-44640 October 12, 1976, lawphil.net. 19. ^ In Sanidad vs. Comelec, L-44640, October 12, 1976 the Supreme Court ruled that on the basis of
absolute necessity both the constituent power (the power to formulate a Constitution or to propose amendments or revision to the Constitution and to ratify such proposal, which is exclusively vested to the National Assembly, the Constitutional Convention, and the electorate) and legislative powers of the legislature may be exercised by the Chief Executive.[17][18]
[edit] Bibliography
Cruz, Isagani (1995). "The Nature of the Constitution". Constitutional Law. Philippines: Central Lawbook Publishing Co., Inc.. pp. 1820. ISBN 971-16-0333-0. A complete collection of Philippine Constitutions Biak-na-Bato Constitution Biak-na-Bato Constitution Spanish version Biak-na-Bato Constitution Tagalog version The 1899 Malolos Constitution The 1899 Malolos Constitution Spanish version
Philippine Organic Act (Philippine Bill of 1902) Philippine Autonomy Act (Jones Law) The 1935 Constitution The 1943 Constitution The 1973 Constitution The 1986 Provisional Constitution The 1987 Constitution The Consultative Commission
Retrieved from "http://en.wikipedia.org/wiki/Constitution_of_the_Philippines" Categories: 1897 establishments | 1987 establishments | 1897 in law | 1899 in law | 1902 in law | 1916 in law | 1935 in law | 1943 in law | 1973 in law | 1987 in law | Constitutions by country | Politics of the Philippines | Philippine law Hidden categories: Articles needing additional references from January 2011 | All articles needing additional references | Articles containing Tagalog language text
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