Introduction

The Republic of the Philippines sits on an archipelago in Southeast Asia and

consists of 7,107 islands with a total area of 300,000 square kilometres. It is
located at the intersection of several bodies of water: it is bounded by the
Pacific Ocean in the north, the South China Sea in the west, the Sulu and Celebes
Seas in the south, and the Philippine Sea in the east. Over 90 million people live
on the islands, some 12 million of whom live in the capital region, Metro Manila.
Most of the people on the islands are of the same racial stock as the Malays and
the Indonesians, but a Chinese minority (around 1.5%) make up an influential part
of the Philippine economy. There are eight major languages and close to a hundred
dialects.

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Constitutional history
The Philippines had long been used as a trading port in Asia, and this led to their
colonization by the Spanish and later by the Americans. The Spanish converted most
of the population to Catholicism and the religion remains the dominant one in the
country. During the later part of more than 300 years of Spanish rule, nationalist
sentiment began to grow among groups of Indios (which was how the Spanish referred
to the Filipinos), fuelled in large measure by the writings of national hero Jose
Rizal (later executed by the Spanish authorities) and other ilustrados (the
Filipino intellegensia). A revolution was launched against Spain and the
revolutionaries declared Philippine independence in Kawit, Cavite on June 12, 1898.
What became known as the Malolos Congress was convened on September 15, 1898 and
the first Philippine Constitution, called the Malolos Constitution, was approved on
January 20, 1899, ushering what is called the First Philippine Republic. In the
Spanish-American War of 1898, the revolutionaries sided with the Americans, hoping
that, with the defeat of Spain, independence would be granted by the US to the
Philippines. This, however, did not happen. After Spain ceded (or sold) the islands
to the United States in the Treaty of Paris, the US immediately proceeded to
brutally suppress the Philippine independence movement.

In 1916, the US passed the Jones Act which specified that independence would only
be granted upon the formation of a stable democratic government modelled on the
American model, not the French model as the previous constitution had been. The US
approved a ten-year transition plan in 1934 and drafted a new constitution in 1935.
World War II and the Japanese invasion on December 8, 1941, however, interrupted
that plan. After heroic Filipino resistance against overwhelming odds finally ended
with the fall of Bataan and Corregidor in 1942, a Japanese “republic” was
established, in reality, a period of military rule by the Japanese Imperial Army. A
new constitution was ratified in 1943 by Filipino collaborators who were called the
Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerilla
movement continued to resist the Japanese occupation. The Japanese forces were
finally defeated by the Allies in 1944 and this sorry chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935

Constitution, which featured a political system virtually identical to the American
one, became operative. 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.

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 neighbours.

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 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 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.

Executive branch
The Executive branch is headed by the President and his appointed Cabinet. 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 obviously intended to be a safeguard
against a repeat of Marcos’ martial law despotism. For example, in cases of
national emergency, the President can still declare martial law, but not for a
period longer than 60 days. Congress can revoke this decision by a majority vote,
or it can also extend it for a period to be determined by the Congress.
Additionally, the Supreme Court can review the declaration to decide if there were
sufficient facts to justify martial law. 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 and Vice-
President are elected at large by a direct vote, but the President may only serve
one 6-year term. The Cabinet, consisting of the President’s advisers and heads of
departments, is appointed by the President and it assists him in his governance
functions.

Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the
Senate and the House of Representatives. The 24 members of the Senate are elected
at large by a popular vote and 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, which it
can through a two-thirds vote in both houses. Even the power to legislate, however,
is subject to an executive check. The President retains the power to veto a bill
passed by both houses, and Congress may override this veto only with a two-thirds
vote in both houses.

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.

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.