Historical Background of

the Philippine Constitution

from 1935 to 1987
Chapter 11
 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.
 Constitutional history
• 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.
• ter 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.
 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.
 Issues and Challenges
Issues
•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?
Challenges
•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
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
1969
Ferdinand Marcos becomes President
Marcos is reelected despite allegations of elections fraud, Vietnam
Timeline
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 Oppoisiton leader Benigno Aquino killed as he returns to the
Philippines from exile
1986 Marcos opposed in elections by Aquino’s widow Corazon, mass
protests of election results in favour of Marcos forces him into exile
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