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19 views2 pages

Inbound 5513893021868226426

Uploaded by

Reizel Arado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Reizel P.

Arado BSED-Sciences

Reporter #26

1987: Constitution After Martial Law


In March 1986, President Aquino proclaimed a transitional constitution to last for a year while a
Constitutional Commission drafted a permanent constitution. This transitional constitution, known
as the Freedom Constitution, maintained many provisions of the old one, including the presidential
right to rule by decree. In 1986, a constitutional convention was created, composed of 48 members
appointed by President Aquino from varied backgrounds and representations. The convention drew
up a permanent constitution, largely restoring the setup abolished by Marcos in 1972, but with new
ways to keep the president in check.

The 1987 Constitution begins with a preamble and eighteen self-contained articles. It establishes the
Philippines as a “democratic republican State” where “sovereignty resides in the people and all
government authority emanates from them.” The constitution allocates governmental powers
among the executive, legislative, and judicial branches of government.

The executive branch is headed by the president and his cabinet, whom he appoints. The president
is the head of state and chief executive, but his power is limited by significant checks from the two
other co-equal branches of government, especially during times of emergency. In cases of national
emergency, the President may still declare martial law, but not longer than a period of sixty Days.
Congress, through a majority vote, can revoke this decision, or extend It for a period that they
determine. The Supreme court may also review the declaration of martial law and decide if there
were sufficient justifying facts for the act. The president and vice president are elected at large by a
direct vote, serving a single six-year term.

The legislative power resides in a Congress divided into two Houses: the Senate and the House of
Representatives. The Senate has 24 members elected at large by popular vote, serving no more than
two consecutive six-year terms. The House is composed of district representatives representing a
particular geographic area and makes up around 80% of the total number of representatives. There
are 234 legislative districts in the Philippines that elect their representatives to serve three-year
terms.

Aside from the exclusive power of legislation, Congress may also declare war, through a two-thirds
vote in both upper and lower houses. The power of legislation, however, is also subject to an
executive check, as the president retains the power to veto or stop a bill from becoming a law.
Congress may only override this power with a two-thirds vote in both houses.

The judicial power is vested in the Supreme Court and lower courts as created by law. The Supreme
Court is a 15-member court appointed by the president without the need to be confirmed by
Congress. The appointment is limited to a list of nominees provided by a constitutionally specified
Judicial and Bar Council. 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 Constitution also established three independent Constitutional Commissions, namely, the Civil
Service Commission, a central agency in Charge of government personnel; the Commission on
Elections, mandated to enforce and administer all election laws and regulations; and the
Commission On Audit, which examines all funds, transactions, and property accounts of the
government and its agencies.

To further promote the ethical and lawful conduct of the government, the Office of the Ombudsman
was created to investigate complaints that pertain to public corruption, unlawful behavior of public
officials, and other public misconduct. The Ombudsman can charge public officials before the
Sandiganbayan, a special court created for this purpose.

Changing the Constitution is a perennial issue that crops up, and terms such as “Cha-Cha,” “Con-
Ass,” and “Con-Con,” are regularly thrown around. Article XVII of the 1987 Constitution provides for
three ways by which the Constitution can be changed:

1. Constituent Assembly (Con-Ass)-Congress may convene as a Constituent Assembly to propose


amendments to the Constitution. It is not clear, however, if Congress is to vote as a single body or
separately.

2. Constitutional Convention (Con-Con)-Congress may call for a constitutional convention upon a


vote of two-thirds of all its members. In a Con-Con, delegates will propose amendments or revisions
to the constitution, not Congress.

3. People's Initiative (PI)-Amendments to the Constitution may be proposed by the people upon a
petition of at least 12% of the total number of registered voters.

Only the House of Representatives can initiate the impeachment of the president, members of the
Supreme Court, and other constitutionally protected public officials such as the Ombudsman. The
Senate will then try the impeachment case.

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