Constitution of the Philippines
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The Constitution of the Philippines (Saligang Batas ng Pilipinas in Filipino) is the supreme law of the Philippines.
1987 Constitution
The 1987 Constitution is the one currently in effect and was created following the ascendancy of Corazon Aquino to presidency in 1986. She formed a commission to frame a new constitution to replace the 1973 Constitution which took effect during the martial law regime imposed by her predecessor Ferdinand Marcos.
The commission finished the draft charter within four months and a majority of voters approved it in a plebiscite in February 1987.
The Preamble reads:
- "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 secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution."
Previous Constitutions
Constitución Política de Malolos, 1899 (First Republic)
Following the declaration of independence from Spain, by the Revolutionary Government, a congress was held in Malolos, Bulacan in 1899 to draw up a constitution. It was the first republican constitution in Asia. The document states that the people has exclusive sovereignty. It states basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives which would act as the legislative body. It also calls for a Presidential form of government with the president elected for a term of four years by a majority of the Assembly.
The Preamble reads:
- "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 auxilió del Soberano Legislador del Universo para alcanzar estos fines, hemos votado, decretado y sancionado la siguiente:"
- (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)
1935 Constitution (Commonwealth and Third Republic)
The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935-1946) and used by the Third Republic of the Philippines (1946-1972).
The original 1935 Constitution provided for a Congress with only a House of Representatives. It was amended in 1940 to include both a Senate and House of Representatives. The Constitution limited the President to a four-year term with a maximum of two consecutive terms in office.
A Constitution Convention was held in 1971 to amend and rewrite the 1935 Constitution. The convention was stained with 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. In any case, the 1935 Constitution was suspended in 1972 with the proclamation of Martial Law.
1943 Constitution (Japanese-sponsored Second Republic)
The 1943 Constitution was adopted by the Second Republic (1943-1945) during the Japanese occupation in World War II. Jose P. Laurel was appointed as President because he was highly looked upon by the Japanese as he openly criticised the US for the way they ran the Philippines and because he had a degree from Tokyo International University.
The 1943 Constitutional provided for a strong Executive. The Legislative consisted of a National Assembly and only those considered as anti-US could stand for election, although most legislators were appointed rather than elected.
The 1943 Constitution was nothing more than an instrument for the Japanese to legitimise their occupation through a Philippine puppet-government.
The 1973 Constitution (Martial Law Era and New Republic)
The 1973 Constitution introduced a parliamentary-style government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was elected as the symbolic head of state from the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a member of the National Assembly. During term, the President was not allowed to be a member of a political party or hold any other office. Executive power was exercised by the Prime Minister who was also elected from the Members of the National Assembly. The Prime Minister was the head of government and Commander-in-Chief of the armed forces.
The 1973 Constitution was amended in 1976 to allow the incumbent president to hold the position of prime minister and to exercise legislative powers as well. Further amendments in 1981 re-established a presidential form of government with a president elected by direct vote of the people.
The 1986 Freedom Constitution (Presidential Proclamation No. 3)
Following the EDSA People Power Revolution, that is toppled Ferdinand E. Marcos, the new President, Corazon C. Aquino issued Proclamation No. 3; the adoption of a provisional constitution. This became as the 1986 Freedom Constitution.
The Freedom Constitution was not a constitution in its own right but rather a large amendment which superseded and abolished certain provisions from the 1973 Constitution. It granted the President certain powers to remove officials from office, reorganise the government and hold a new constitutional convention to draft a new constitution.
External links
- The 1899 Malolos Constitution (http://www.chanrobles.com/1899constitutionofthephilippines.htm)
- The 1935 Constitution (http://www.chanrobles.com/1935constitutionofthephilippines.htm)
- The 1973 Constitution (http://www.chanrobles.com/1973constitutionofthephilippines.htm)
- The 1986 Provisional Contitution (http://www.chanrobles.com/aquinoproclamationo3.htm)
- The 1987 Constitution (http://www.gov.ph/aboutphil/constitution.asp)