1. THE REPUBLIC OF THE
PHILIPPINES
CONSTITUTION
GROUP 2 MEMBERS
Ancero, Ma. Andrey Cristel,Borres, Joahnna Mae Therese B.,Sajol,
Janah Rose P., Sapungan, Joanna , Esponela,Christian Jay
A.,Amante, Gabriel Jay S.
2. What is a constitution?
A constitution is a system for government, codified as a written document, Which contains fundamental
laws and principles, It usually contains fundamental political principles, and establishes the structure,
procedures, powers, and duties, of a government.
The Constitution of the Philippines is the supreme law of the Philippines. The constitution currently in
effect was enacted in 1987, during the administration of President Corazon C. Aquino, and is popularly
known as the “1987 Constitution”. Philippine constitutional law experts recognize three other previous
constitutions as having effectively governed the country the 935 commonwealth constitution the 1937
constitution and the 1986 freedom constitution. Constitution for the Philippines was also drafted and
adopted during the short-lived government of presidents Emilio Aguinaldo (1898) and Jose P. Laurel
(1943).
3. 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
4. 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.
5. 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 modelled 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 and political rights, and it 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.
6. Executive branch
The Executive branch is headed by the President and his appointed Cabinet.
The President can grant pardons and amnesty. He is also empowered to make or accept foreign loans. He
cannot, however, enter into treaties without the consent of the Senate. The President is the head of the state
and the chief executive, but he is subject to significant checks from the other branches, especially in times
of emergency, which, given the history of the country, was intended to be a safeguard against a repeat of
Marcos’ martial law despotism. The President and Vice-President are elected at large by a direct vote, but
the President may only serve one 6-year term.
7. Legislative branch
The legislative power is vested in a Congress which are the Senate and the House of
Representatives. The 24 members of the Senate are elected can serve no more than
two consecutive 6-year terms. The House is composed of 250 elected members.
Most of these Representatives are elected by district for 3-year terms, but 20% of
the total membership is chosen in proportion to party representation. Besides the
exclusive power to legislate, one of the most important powers of Congress is the
ability to declare war. The President retains the power to veto a bill passed by both
houses.
8. Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a
Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by the
President without need for confirmation by Congress. Appointment, however, is limited to a list of nominees
presented to the President by a constitutionally-specified Judicial and Bar Council. This Council consists of 7
members: the Chief Justice of the Supreme Court, the Secretary of Justice, a representative from Congress, a
representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a
representative of the private sector. The first four serve for four years, the law professor for three, the retired
Justice for two, and the private sector representative for one year. The Supreme Court Justices may hear, on
appeal, any cases dealing with the constitutionality of any law, treaty, or decree of the government, cases
where questions of jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently
grave. It may also exercise original jurisdiction over cases involving government or international officials. The
Supreme Court also is charged with overseeing the functioning and administration of the lower courts and
their personnel.
9. Government oversight bodies
The Constitution also establishes three independent Constitutional Commissions. The Civil Service Commission
acts as a central agency in charge of government personnel. The Commission on Elections enforces and
administers all election laws and regulations to ensure that they are free and fair for all involved. Finally, the
Commission on Audit examines all funds, transactions, and property accounts of the government and its agencies.
Each of these Commissions is given governing and financial autonomy from the other branches of government to
ensure unbiased decision-making. All decisions made by these Commissions are reviewable by the Supreme Court.
To further ensure the ethical and lawful functioning of the government, the Constitution also creates an Office of
the Ombudsman to investigate complaints regarding public corruption, unlawful behaviour of public officials, and
other public misconduct. The Ombudsman can then charge such misbehaving public officials before a special
court called the Sandiganbayan. The Ombudsman is also independent administratively and financially from the
other branches of government, although the President is vested with the power to appoint the Ombudsman and his
Deputies (from a list also prepared by the Judicial and Bar Council) for single 7-year terms. Only the House has
the power to initiate impeachment of the President, the members of the Supreme Court, and a few other
constitutionally protected public officials like the Ombudsman. The Senate is then supposed to try the
impeachment case. Each of these aforementioned independent agencies was created for the purpose of promoting
moral and ethical conduct in government.
10. 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
12. 1542 Spanish claim the islands
1898 Spain cedes the Philippines to the US
1902 US establishes civil government to replace military rule
1935 The Commonwealth of the Philippines is established under President Manuel Quezon and the US
promises independence in 10 years
1941 Japanese forces invade the islands
1944 The US retakes the islands
1946 The US grants the new Republic of the Philippines full independence
1965 Ferdinand Marcos becomes President
1969 Marcos is reelected despite allegations of elections fraud, Vietnam protests begin, Muslim separatists
begin guerrilla war in the south
1972
Marcos declares martial law, suspends parliaments, arrests opposition leaders, and imposes censorship
regulations
1973 New constitution adopted granting Marcos broad powers
1981 Marcos wins reelection, martial law lifted
1983 Opposition leader Benigno Aquino was killed as he returns to the Philippines from exile
1986 Marcos was opposed in elections by Aquino’s widow Corazon, and mass protests of election results in
favor of Marcos forces him into exile
13. 11 February 1987 New Constitution passed
1992 Aquino replaced as President by defence minister Fidel Ramos
1996 Peace agreement signed with Muslim separatist group
1998 Joseph Estrada, former film star, elected President
January 2000 Impeachment trial against Estrada suspended, leading to mass protests which
replace Estrada with Vice-President Gloria Arroyo
April 2001 Estrada found guilty of stealing more than 80 million dollars of state funds during
Presidency, but later pardoned
June 2004 Arroyo elected to Presidency
2005 Arroyo resists attempt to impeach her under allegations of vote-rigging, declares a
state of emergency in response to an alleged military coup
2007-2009 Ethnic tensions mount between Islamic separatist groups and Christian majority
June 2010 Beningo “Noynoy” Aquino, son of Corazon Aquino, elected President
