1986 FREEDOM CONSTITUTION

- President Corazon C. Aquino issued Proclamation № 3

- A provisional constitution
- 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
- the transitional constitution that lasted a year and came before the permanent constitution
- Purpose was only to abolish the National Assembly and create a commission that would
draft a new constitution
1987 CONSTITUTION
- Proclamation No. 211 of 1988, assigned February 2 of each year as Constitution Day to
mark the new 1987 Constitution
- 6th and current constitution of the Philippines
- 1986 ConCom was composed of 48 individuals who represented all sectors in the country
- ConCom was able to finish its work after more or less 111 days
- National Plebiscite was held with the question "Do you vote for the ratification of the
proposed Constitution of the Republic of the Philippines with the ordinance appended
thereto?"
- More than ¾ of the votes were affirmative
CRITICISMS ON THE 1987 CONSTITUTION
- Preamble has words “sovereign” – redundant; “Almighty God” – bias and divisionary
- It was only a reaction to the Marcos era
- President’s powers are not as flexible anymore
- Somewhat partial and confused
o At least 97 provisions the phrase “as may be provided by law” or “as Congress may
provide.”
BILL OF RIGHTS

- Improved and expanded

- Most notable: Addition of the Filipino First Policy
FILIPINO FIRST POLICY
- was introduced by nationalist President Carlos García, favoring Philippine economic
interests over American interests
- the policy was strongly opposed by the United States government and was characterized as
pro-communist
- dismantled by pro-American Diosdado Macapagal
- brought back in the 1987 Constitution
- heavily favors Filipino businessmen over foreign investors with respect to the grant of
rights, privileges, and concessions covering the national economy and patrimony
- Example: Foreign Direct Investors and multinational companies from coming into the
Philippines by requiring them to partner with local Filipino investors who will own at least
60% of the company set up in the Philippines
ATTEMPTS FOR REVISIONS/AMENDMENTS OF THE 1987 CONSTITUTION
Ramos Administration
- sought a parliamentary system of government and the amendment of Article 7, Section 4, of
the 1987 Constitution, which states the president is not eligible for re-election
- submitted to the Supreme Court a signature campaign, which claimed to have gathered 11.5
million signatures
- hen the proposal reached the Court, it ruled that the people’s initiative was inadequate as it
was asking for revision to the Constitution, rather than an amendment.
Estrada Administration
- Estrada formed the Constitutional Correction for Development (Concord), which pushed for
the lifting of restrictions on the foreign ownership of business.
- Estrada’s attempt received opposition from various sectors. According to previous reports,
critics were wary of it as a move to extend term limits once more and introduce self-serving
provisions into the constitution.
Arroyo Administration
- “the president (Arroyo) decided to push for only one amendment: to change our
presidential government with a bicameral congress to a parliamentary government that
would be unicameral.”
- The administration attempted Charter Change by all three means available.

o A people’s initiative, this time called Sigaw ng Bayan (The people’s cry), conducted a
signature campaign to push for changes in the Constitution.

o There were also moves for Congress to convene into a Con-Ass led by then-Speaker
Jose de Venecia and later on, Prospero Nograles. Former Senator Aquilino Pimentel
Jr also drafted a resolution, which proposed that Congress convene into a Con-Ass.

o In 2009, lawmakers also called for a Constitutional Convention (Con-Con).

- Failed due to opposition, the admin’s diminished legitimacy and internal conflict

MY NOTES: (ayaw nalang ni iplace sa ppt thanks)

Immediately following the 1986 People Power Revolution that ousted Marcos,
President Corazon C. Aquino issued Proclamation № 3 as a provisional constitution. A provisional
constitution is a constitution intended to serve during a transitional period until a permanent
constitution is adopted. 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. This document, described above, supplanted the "Freedom Constitution" upon
its ratification in 1987. This is the transitional constitution that lasted a year and came before the
permanent constitution. It maintained many provisions of the 1973 Constitution, including in
rewritten form the presidential right to rule by decree. The Convention compose of 48 members
appointed by the President.

Did you know that for every change in the constitution in the Philippines, the President released
a proclamation to commemorate the date when the new charter took effect? This day is called
Constitution Day.
The Aquino government had 3 options with regard to the law of the land:
 To revert to the 1935 Constitution. But because Marcos abolished the bicameral legislature
they had to resort to general elections.
 To retain the 1973 Constitution and be granted the power to make reforms. This was shot
down by Aquino as "she did not want to derive legitimacy and power from the very
institutions that she fought."
 To start anew and break from the "vestiges of a disgraced dictatorship."
¾ = 16,622,111 out of a total of 21,785,216 votes (PERFECT?) No. CHZ
Sa partial and confused:
Implication sa provisions:
GOOD SIDE – Keep up with contemporary times
BAD SIDE - The Constitution may be modified, amended or expanded continually by statutes
promulgated by the sheer numerical force of the members of Congress.