RPH 1987 Constitution

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 neighbors.

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 the 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 modeled 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 political rights, and is 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.   

System of Government under the 1987 Constitution

Branch	Hierarchy	Appointment	Powers	Removal
Executive	President Cabinet	Elected by a direct vote Nominated by the President and confirmed by a commission on appointments	Nominates the Cabinet and other high officials Head of Government Ensures faithful execution of the laws Commander-in-Chief of the Armed Forces Contracts for foreign loans Declares martial law Advises the President	Upon the end of 6-year term Upon resignation Upon impeachment by the legislature Upon removal by the President Upon resignation
Legislative	Senate House of Representatives	Elected by a direct vote Elected by districts or a party-list system	Election monitoring Introduces and passes legislation by a majority vote Conducted inquiries in pursuit of passing legislation Declares war with a joint two-thirds vote of Congress Election monitoring Introduces and passes legislation Introduces and passes financial legislation Conduct inquiries in pursuit of passing legislation Declaring war with joint two-thirds vote of Congress	Upon resignation Upon the end of a 6 - year term Upon resignation Upon the end of a 3- year term
Judicial	Supreme Court	Appointed by the President	Administrative supervision over other courts Jurisdiction over cases involving ambassadors and public officials Constitutional review	Upon resignation Upon reaching the age of 70

Issues and Challenges

Issues

Challenges

Economic development – how to ensure that economic growth also benefits the poorer classes? Minority rights – how to ensure multi-ethnicity and pluralism for religious and ethnic minorities? De-concentration of power – how to reduce the considerable power of the political and economic elites and give more actual power to the people? Better governance – how to make government more effective in meeting the nation’s aspirations? Spreading growth – how to have more even regional development?

Corruption Poor law enforcement and an ineffective justice system Lack of transparency and accountability in public office Polarization between the few who are wealthy and the many who are poor Weak actual protection of the human rights of vulnerable groups (women, children, minorities, journalists, political activists) Involvement of the military in political questions Ending the Muslim insurgency in southern Mindanao

(http://constitutionnet.org/country/constitutional-history-philippines)