[why? On September 17, 1898, the Malolos Congress was elected, which was composed of wealthy and educated men. SECTION 3. Protection of marriage by the state as it is recognized as the foundation of the family and is an inviolable institution. endobj This document, described above, supplanted the "Freedom Constitution" upon its ratification in 1987. As provided in Article II of the Constitution, the Philippine Government is democratic and republican. In a 34-page petition, the Philippine Constitution Association also asks the High Court to issue a temporary restraining order on the implementation of the law. These Constitutional Commissions have different functions. After the Estrada presidency, the administration of Gloria Macapagal-Arroyo endorsed constitutional changes via a Constitutional Assembly, with then-House Speaker Jose de Venecia leading the way. The Preparatory Committee for Philippine Independence tasked with drafting a new constitution was composed, in large part, of members of the prewar National Assembly and of individuals with experience as delegates to the convention that had drafted the 1935 Constitution. Immediately following the 1986 People Power Revolution that ousted Marcos, President Corazon C. Aquino issued Proclamation No. For example, the Right to Adequate Food may be included in the UNDR but it is not explicitly indicated in the Philippine Constitution. The most relevant example is the shift to another type of government, such as federal. Possibly the most controversial issue was removing the presidential term limit so that Ferdinand E. Marcos could seek re-election for a third term, which many felt was the true reason for which the convention was called. 12. The Philippines is a democratic and republican State. The constitution provided for three governmental branches, namely the executive, legislative, and judicial branches. The constitution of the Philippines is the supreme law of the land as of 1987. This constitution was subsequently amended four times (arguably five, depending on how one considers Proclamation No. It follows the separation of powers, so that as provided in Articles VI, VII and VIII, it divides itself into three branches: Legislative, Executive, and Judicial. The Freedom Constitution provided for an orderly transfer of power while a Constitutional Commission was drafting a permanent constitution. The 1943 Constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile. You can either utilize the template or create one of your own. 3 0 obj The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas, Spanish: Constitución de la República de Filipinas) is the constitution or supreme law of the Republic of the Philippines. Hindi dapat alisan ng buhay, kalayaan, or ari-arian ang sino mang tao nang hindi kaparaanan ng batas, ni pagkaitan ang sino mang tao ng pantay na pangangalaga ng batas. There would be a time at some future date when the preamble of the Philippine Constitution could embrace the entire context of constitution-making … The present Constitution of the Philippines: Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987 Constitution of the Republic of the Philippines was presented to President Corazon C. Aquino on October 15, 1986. Article X pursues for local autonomy and mandates Congress to enact a law for the local government, now currently the Local Government Code. It adopted certain provisions from the 1973 Constitution while abolishing others. 3 on March 25, 1986, abrogating many of the provisions of the 1973 Constitution adopted during the Marcos regime, including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and provisions which gave the President legislative powers. Upon election, the President ceased to be a Member of the National Assembly. The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds, including several former members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. According to manner of amendment is the last category that comprises both flexible and rigid constitutions. The Philippine Constitution may be classified as conventional or enacted, written, rigid or inelastic. Recognition and protection of the rights of every Filipino child. Until the 1960s, the Second Republic and its officers were not viewed as a legitimate Philippine government or as having any standing with the exception of the Second Republic-era Supreme Court, whose decisions, limited to reviews of criminal and commercial cases as part of a policy of discretion by Chief Justice José Yulo, continued to be part of official records. The citizenry should not only be mentally and morally strong but must also be physically strong. The Philippines follows a jus sanguinis system where citizenship is mainly acquired through a blood relationship with Filipino citizens. The Prime Minister was to be the head of government and Commander-in-Chief of the Armed Forces. Full text of 1987, 1973, 1935 and 1899 Constitutions of the Republic of the Philippines. The President is to be elected to a four-year term, together with the Vice-President, with one re-election; the right of suffrage for male citizens of the Philippines who are twenty-one years of age or over and are able to read and write were protected; this protection, later on, extended to the right of suffrage for women two years after the adoption of the constitution. 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). Nosotros los Representantes del Pueblo Filipino, convocados legítimamente para establecer la justicia, proveer a la defensa común, promover el bien general y asegurar los beneficios de la libertad, implorando el auxilio del Soberano Legislador del Universo para alcanzar estos fines, hemos votado, decretado y sancionado la siguiente: The Philippines was a United States Territory from December 10, 1898 to March 24, 1934[26] and therefore was under the jurisdiction of the Federal Government of the United States. It was ratified on February 2, 1987 by a plebiscite. [5], The next attempt was from then-Speaker of the House Feliciano Belmonte Jr. during President Benigno Aquino III's administration. In mid-1942, Japanese Premier Hideki Tōjō promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic. Overview of the Structure of the Philippine Government. %���� Protection of the rights of spouses with responsible parenthood to found a family in accordance with their religious convictions. Adoption and integration of affordable and competent medical care and health services for the welfare of every Filipino people. It granted the President broad powers to reorganize government and remove officials, as well as mandating the president to appoint a commission to draft a new, more formal Constitution. It provides for the qualification, terms of office, election, and power and functions of the President. The Supreme Court is granted the power to hear any cases that deals with the constitutionality of law, about a treaty or decree of the government. The preamble and eighteen self-contained articles with a section numbering that resets for every article. Often called the "Freedom Constitution",[2] this constitution was intended as a transitional constitution to ensure democracy and the freedom of the people. They saw through a potential change regarding the protection of the people's interests in the constitutional draft. This was made easier by the Commonwealth government-in-exile never constituting a Supreme Court, and the formal vacancy in the position of Chief Justice for the Commonwealth with the execution of José Abad Santos by the Japanese. 10 on December 7, 2016, creating the Consultative Committee to Review the 1987 Constitution. Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. Q: Where does the power to change the 1987 Constitution … The Metamorphosis of Filipino as National Language by Jessie Grace U. Rubrico. The State shall exercise reasonable supervision and regulation of all educational institutions, whether public or private. constitution, with some modifications, that prevailed during the common wealth era.7 Since the constitution first became effective, five amendments were made during the commonwealth days. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it. Many prominent figures opposed the proposition, including Senator Miriam Defensor-Santiago, who brought the issue all the way to the Supreme Court and eventually won the case. [15] Natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect Philippine citizenship. To compound the problem, […] A constitution was drafted by then-Secretary of National Security Council Jose Almonte, but was never completed because it was exposed to the media by different non-government organizations. [21] It declared that sovereignty resides exclusively in the people, stated basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body. It was proclaimed in force on February 11, 1987. But because of this inaction or culpable violation of the Constitution, the country soon experienced a serious financial crisis. [22] It was titled "Constitución política", and was written in Spanish following the declaration of independence from Spain,[23] proclaimed on January 20, 1899, and was enacted and ratified by the Malolos Congress, a congress held in Malolos, Bulacan.[24][25]. Some essential provisions are: Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these rights have largely been determined by the Supreme Court through case law. for electoral reforms and provided that a natural born citizen of the Philippines who has lost his citizenship may be a transference of private land for use by him as his residence. The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. The most relevant example is the shift to another type of government, such as federal. In the 1981 amendments, the false parliamentary system was formally modified into a French-style semi-presidential system and provided: 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). Legislative Archives, Library and Museum, Renunciation of war as a form of national policy, Supremacy of civilian over military authority, Separation of church and state (inviolable), Role of youth and women in nation-building, Equal opportunity for public services and the prohibition of political dynasties, Promote effective industrialization and aim for a full employment of its people, All natural resources within the Philippine territory shall be owned by the State, Protect the rights of the indigenous cultural communities, Businesses, organizations and other institutions shall be subject to the intervention of the State. It was proclaimed in force on February 11, 1987. stream Following the administration of Corazon Aquino, succeeding administrations made several attempts to amend or change the 1987 Constitution. The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States, the Commonwealth of the Philippines, or the guerrilla organizations loyal to them. The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de Malabón, Cavite, on March 22, 1897, the first presidential and vice presidential elections in Philippine history were held—although only Katipuneros (viz. The convention was stained with manifest bribery and corruption. The present Philippine Constitution is enacted while customs and traditions would be the best example for an evolved constitution. The draft of the constitution was approved by the convention on February 8, 1935 and was ratified by President Roosevelt in Washington D.C. on March 25, 1935. that executive power was restored to the President; that direct election of the President was restored; for an Executive Committee composed of the Prime Minister and not more than 14 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. The old American-derived terminology was replaced by names more associated with a parliamentary government: for example, the House of Representatives became known as the "Batasang Pambansâ" (National Assembly), departments became "ministries", and their cabinet secretaries became known as "cabinet ministers", with the President's assistant – the Executive Secretary – now being styled as the "Prime Minister". [7] Following his ascension as president after the 2016 presidential election, he signed Executive Order No. The Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as its president. During his presidency, Joseph Ejercito Estrada created a study commission for a possible charter change regarding the economic and judiciary provisions of the constitution. Philippine citizenship may be lost or reacquired in the manner provided by law. The Philippine Autonomy Act of 1916, sometimes known as the "Jones Law", modified the structure of the Philippine government by removing the Philippine Commission as the legislative upper house and replacing it with a Senate elected by Filipino voters, creating the Philippines' first fully elected national legislature. Though not a constitution itself, the Hare–Hawes–Cutting Act of 1932 was the precursor the Tydings–McDuffie Act, which laid down the promise of independence to the Philippines after 10 years of transition period and other provisions; however, because of infighting within the Philippine Congress, it was not ratified and only became the basis for the creation of the Tydings–McDuffie Act. However, due to political controversies surrounding Arroyo's administration,[citation needed] including the possibility of term extension, the proposal was rejected by the Supreme Court. It is also tasked to administrate the function of the lower courts. Official Gazette of the Republic of the Philippines - The Official Gazette is the official journal of the Republic of the Philippines. Two acts of the United States Congress passed during this period can be considered Philippine constitutions in that those acts defined the fundamental political principles and established the structure, procedures, powers and duties of the Philippine government. Article VI provides for a bicameral legislature called the Congress composed of the Senate and the House of Representatives. This section also provides important provisions such as: Article XIII divulge the utmost responsibility of the Congress to give the highest priority in enactments of such measures which protects and enhances the rights of all the people to human dignity through affirming that present social, economic and political inequalities as well as cultural inequities among the elites and the poor shall be reduced or removed in order to secure equitable welfare and common good among Filipino people. endobj Constitution of the Philippines(1973) 2. • International law Sec 2 The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and The original 1935 Constitution provided for a unicameral National Assembly, and the President was elected to a six-year term without the possibility re-election. The following table lists of Philippine laws which have been mentioned in Wikipedia, or which are otherwise notable. Prevailing themes throughout the document are peace and equality. 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. The 1935 Constitution, which featured a political system virtually identical to the American one, became operative. The Americans defeated the Spanish in the Battle of Manila Bay and Aguinaldo was transferred to the Philippines by the United States Navy. It vests upon Congress, among others, the power of investigation and inquiry in aid of legislation,[10] the power to declare the existence of a state of war,[11] The document was patterned after the Spanish Constitution of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala and the French Constitution of 1793. The present Constitution of the Philippines: Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987 Constitution of the Republic of the Philippines was presented to President Corazon C. Aquino on October 15, 1986. There are twenty-four senators and the House is composed of district representatives. The 1987 Philippine Constitution is thus a conventional/enacted , written, and rigid/inelastic constitution. Article XII lays down the goals and objectives of the Philippine government in terms of wealth distribution, division of goods and services and to offer job opportunities to elevate the lives of Filipino people. cralaw While the 1973 Constitution ideally provided for a true parliamentary system, in practice, Marcos made use of subterfuge and manipulation in order to keep executive powers for himself, rather than devolving these to the Assembly and the cabinet headed by the Prime Minister. Upon the approval of the draft by the Committee, the new charter was ratified in 1943 by an assembly of appointed, provincial representatives of the Kalibapi, the organization established by the Japanese to supplant all previous political parties. <> It was drafted by an appointive body called “Constitutional Commission.” Advantages and Disadvantages of a Written Constitution 1. Only laws passed by the Congress of the Philippines and other preceding bodies are listed here; presidential decrees and other executive issuances which may otherwise carry the force of law are excluded. Fourth of a series Congress should have asserted on its constitutional mandate and called the attention of the Executive Department or brought the issue to the Supreme Court for resolution or decision. Below is a side-by-side presentation of Article Three (3) of the 1987 Philippine Constitution in the Filipino language and in English. [19] It is known as the "Constitución Provisional de la República de Filipinas", and was originally written in and promulgated in the Spanish and Tagalog languages.[20]. It also vests upon the Congress the power to impeach the President, the Vice President, members of the Supreme Court, and the Ombudsman. The Malolos Constitution was the first republican constitution in Asia. (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and Section 1. The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and was based on the first Cuban Constitution. The president was elected for a term of four years by a majority of the Assembly. It was ratified on February 2, 1987 by a plebiscite. The first attempt was in 1995. The executive branch is headed by the president and his appointed cabinet members. The system called for a President to be elected at large for a 4-year term (subject to one re-election), a bicameral Congress, and an independent Judiciary. Prevailing themes throughout the document are peace and equality. Full text of 1987, 1973, 1935 and 1899 Constitutions of the Republic of the Philippines. 638 [16], The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de Malabón, Cavite, on March 22, 1897, the first presidential and vice presidential elections in Philippine history were held—although only Katipuneros (viz. Since the written constitution is a binding document, the rights of the citizen is more secured. The 1973 Constitution , composed of a preamble and 17 articles, provides for the shift from presidential to parliamentary system of government. For the first time, the subject of sports is given a specific section. Upon the ratification by the Kalibapi assembly, the Second Republic was formally proclaimed (1943–1945). Edited at the Office of the President of the Philippines Under Commonwealth Act No. 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. It originally provided for a unicameral legislature composed of a president and vice president elected for a six-year term without re-election. The arts and letters remain under the patronage of the State which must be concerned in the protection and enrichment of our culture. 3. The Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of labor "as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of Filipino as "the national language of the Philippines" (Section 6, Article XIV), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." Philippine independence was eventually achieved on July 4, 1946. The subject of science and technology was given special attention through the formulation of several provisions on development and research incentives. Article XI establishes the Office of the Ombudsman which is responsible for investigating and prosecuting government officials. Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government. Philippine Revolution (1896–98), Filipino independence struggle that exposed the weakness of Spanish colonial rule but failed to evict Spain from the islands. The 1987 Constitution explicitly declares that sovereignty resides in the people and all government authority emanates from them.2 Yet, it is also a representative The 1943 Constitution provided for strong executive powers. Proposed Constitutional amendments to the 1987 Constitution, Philippine Constitutional Commission of 1986, nationwide plebiscite on February 8, 1987, Unincorporated territories of the United States, 1935 Philippine constitutional plebiscite, Preparatory Committee for Philippine Independence, 1973 Philippine constitutional plebiscite, Provisional Constitution of the Philippines (1986), 1987 Philippine constitutional plebiscite, Proposed amendments to the 1987 Constitution, Learn how and when to remove this template message, Provisional Constitution of the Philippines (1897), Revolutionary government in the Philippines, Proclamation № 3: Provisional Constitution of the Philippines (1986), "1986 PROVISIONAL (FREEDOM) CONSTITUTION OF THE PHILIPPINES – CHAN ROBLES VIRTUAL LAW LIBRARY", "The Role of Philippine Courts in Establishing the Environmental Rule of Law", "Duterte: Federalism allows regions to keep most of their income", "1987 Constitution of the Philippines,Preamble", 1987 Constitution of the Philippines, art. 1. x��Zmo�8����% QER�����.�h��qwq�JlǺ�R`ɛ���73�d16%�H���p8/ϼ�����O�?��7,��g��f�>,�]���l�~w�Y9S"E�T�Y�; ��A����EȞ�.5w�����{�w��O�/>��'�Jx�����=,��ț/���b~���صyw7�������������P�V�� �����]�hBnӒ(׿?8��0 �7KX���~�1�S�)�,xd�|D=�e�}yB�K��Wʻ���Hs�=��XYj���u���Y,��'���l�g �wߩ�a1T��. <> Philippine independence was eventually achieved on July 4, 1946. 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