The Development of the Philippine Constitution II

HISTORICAL DEVELOPMENT OF THE PHILIPPINE CONSTITUTION

The Philippine written constitution came about late in the eighteenth century when Filipinos began to realize the need for putting forth the foundation upon which to anchor their government, not only for their generation but for the generations to come.

Sometime in 1896, the first known constitutional project was drawn by Emilio Jacinto in his Cartilla and the Sanggunian Hukuman, the Charter and Code of Laws of the Katipunan.

Jacinto's effort was followed later, when, on November 1, 1897, Artacho and Ferrer prepared the provisional constitution for the Philippine Republic, which was approved in Biak-na-Bato. On April 12, 1898, the provisional constitution was succeeded by another constitution for the Island of Luzon, prepared by General Macabulus and others.

The most significant landmark in the development of constitution-making in the Philippines was the adoption of the Malolos Constitution by the Malolos Congress on Novemb er 29, 1899 under the Malolos Revolutionary Government with General Emilio Aguinaldo as its president.

The Malolos Constitution was patterned after the American and other modern constitution. However, this constitution was inspired somehow by the following constitutional projects:

a) The Code of Laws and Morals of the Katipunan of 1896 (Cartilla and the Sanggunian Hukuman) drawn up by Emilio Jacinto;

b) The Provisional Constitution of Biak-na-Bato;

c) The Constitutional Program of the Philippine Republic drawn by Apolinario Mabini;

d) The Provisional Constitution of Mariano Ponce, including the --

e) Cartilla and the Sanggunian-Hukuman, likewise drawnup by Emilio Jacinto

This is not to say that even centuries before, there were no effort to put, not in constitution form, but in a code all the rules, customs, and traditions under datus or sultans govern the inhabitants of their respective barangays. Thus, history records the Maragtas Code, promulgated by Datu Maragtas sometime about the year 1434, including the Code of Kalantiaw in 1433, long before Christopher Columbus discovered America. These Codes, however, are being refuted by present-day-pre-historians.

THE 1935 CONSTITUTION OF THE PHILIPPINES

The Philippine Legislature enacted a bill on May 4, 1934 calling for the election of delegates to a constitutional convention to draft the Constitution of the Philippines in compliance with the directive contained in the Tydings-McDuffie Law, otherwise known as the Philippine Independence Law.

The elected delegates to the constitutional convention convened and immediately began to work in earnest and later enacted with a vote of 177 to 1, the draft of the Constitution of the Philippines on 8 February 1934. Subsequently on 19 February 1934, the delegates signed the new charter.

On 14 May 1934, the constitution was submitted to the Filipino people who, with a resounding vote of 1,214,646 strong, against those numbering 44,963, gave their unmistakable approval to the new fundamental law of the land.

As required under the Philippine Independence Law, the constitution provided for a republican form of government which was later submitted to President Roosevelt for approval by a committee composed of Commonwealth President Manuel L. Quezon, Convention President Claro M. Recto, and delegate Manuel Roxas. The Constitution was approved and on 23 March 1935, President Roosevelt certified as to its conformity with the mandate of the Philippine Independence Law.

The Constitution contained provisions patterned after relevant and applicable principles of the United States constitution and those of the Malolos Constitution. It became the Constitution of the Commonwealth Government automatically on 27 February 1945 which ushered the Republic of the Philippines as an independent state.

The 1935 Constitution underwent three important amendments involving the ordinance required to be appended to it pursuant to the Philippine Independence Law; the change from the unicameral to the bicameral legislative body; and the Parity Amendment.

The proposed change from the unicameral to a bicameral legislative body contemplated a modification with respect to re-election of the President and Vice-President, and the creation of the Commission on Elections.

The Parity Amendment involved an amazing and unpredictable legal concept granting unto American citizens equal rights with the Filipinos in the exploitation of the natural resources, a provision that no American legislator would ever grant such similar parity to Filipino citizens.

The 1973 Constitution

Just as enacted laws must yield to the dynamic changes of time, so must written constitutions give in to similar dynamic changes in the ever-growing complexities in social, economic and political developments in the national life of a people.

Those provisions of the existing constitution which have thus become subversive to the interest and welfare of the sovereign people had to be overhauled to make them responsive to the felt necessities of the time.

Accordingly, Congress in joint session passed Joint Resolution No. 2 in 1967, calling for a constitutional convention for the purpose of proposing amendments to the 1935 Constitution. Resolution No. 2 was later amended under Joint Resolution No. 4.

Later, Congress passed an implementing law, Republic Act No. 3914 on 17 June 1967 which was subsequently repealed on 24 August 1970 by Republic Act No. 6132, otherwise known as the Constitutional Act of 1971. This law called for the election of 320 delegates to the Constitutional Convention schedule for 10 November 1970.

One of the important reasons for calling the constitutional convention was to enable the sovereign Filipino people to make their own constitution for posterity, one that they could cherish and very well proud of.

The Philippine Constitution of 1935 was made by a colonial people denied of their right to decide for themselves what was best for them, submitted for approval to the President of the United States, a colonial power.

At this stage in point of time, there was need to discard the outmoded provisions of the 1935 Constitution that were no longer in tune to the social, economic, and political demands of the time, including the onerous and lopsided conditions imposed upon an almost helpless people and country devastated by was not of their own making.

The 320 delegates to the Constitutional Convention were chosen during the election held on 10 November 1970 to the Congressional resolution calling the Constitutional Convention and the enabling Constitution Convention Act of 1971. The number of the basis of proportional population representation.

On June 1, 1971, the convention began its task of rewriting the 1935 Constitution, was greatly influenced by the Malolos Constitution. After 15 months of laborious work, the convention approved the proposed Constitution with 173 delegates voting in favor and 15 against. Twenty-seven delegates were absent at the signing of the new charter on 30 November 1972. One delegate, Jose N. Nolledo, refused to sign the new charter.

The Constitutional Convention was headed by its President Carlos P. Garcia, former president of the Philippines. Unfortunately President Garcia, three days after he assumed his office died and he was succeeded by President Pro-Tempore Sotero H Laurel who exercised the power and functions of the presidency until th Convention elected it's new president, Delegate Diosdado Macapagal. who was also President of the Philippines. He served as such convention president until the final adjournment of the Convention.

In addition to the Convention President, the following officers were also chosen: a President protempore; four Vice-Presidents, twelve Floor leaders; a Chairman of the steering Committee and a Chairman of the Sponsorship Committee. there were 53 committees in the Convention; eight committees on Admiration.

On 1 December 1972, the new Constitution was submitted to the President of the Philippines, who submitted it to citizens assemblies all over the country as mandated by the Presidential Decree No. 86, dated 31 December 197.

The President of the Philippines, on 17 January 1973, proclaimed the ratification of the new constitution of the Philippines, effective on even date, thereby superseding the 1935 Constitution.

The Provisional Constitution

Upon the installation of the Revolutionary Government under President Corazon C. Aquino, "through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines" that wrote finish to the government under President Ferdinand E. Marcos, Proclamation No. 3 was issued on 24 March 1986 providing not only for the adoption of a provisional constitution, but also for an orderly transition ton a government under a new constitution.

Both the 1935 Constitution and the 1973 Constitution were promulgated by authority of their respective Preamble. The Provisional Constitution of 1986, adopted under by virtue of Proclamation No. 3 does not contain a Preamble. The authority came from what is called the "people's power", following the Edsa Revolution of 22 February 1986.

Basis for Adoption and Ratification of the 1987 Constitution

Following the EDSA Revolution which resulted in the installation of the revolutionary government through the so-called people's power, the new president, Corazon C. Aquino, issued Proclamation Constitution otherwise known as the Freedom Constitution.

Section 1, Article V of the Freedom Constitution ordered the adoption of a new constitution from date of the Proclamation. This New Constitution will be drafted by a Commission, composed of men and women from the various sectors of society to be appointed by the President who are not less than 30 nor more than 50, all natural born citizens of the Philippines of recognized probity, known for their independence, nationalism and patriotism.

Section 5 of Proclamation No. 9, provided:

"No person shall be appointed Member of the Commission unless he be a natural born citizen of the Philippines, a qualified voter, of recognized probity, independence, nationalism and patriotism."

The Commission was required to complete its work within a short period as may be consistent with the need both to hasten the return to normal constitutional government and to draft a document truly reflective of the ideals and aspirations of the Filipino people.
(Proclamation No. 3, Section 2, Article V)

Proclamation No. 3 likewise ordered the Commission -

(a) To conduct public hearings to insure that the people will have adequate participation in the formulation of the New Constitution. (Id, section 3)

(b) That the plenary session of the Commission be made public and fully recorded, (Id, section 3)

(c) That the New Constitution be presented to the people by the Commission to the President who shall fix the date for the holding of a plebiscite; the said Constitution to be affective upon ratification by a majority of the votes cast in a plebiscite which shall be held within a period of sixty days following its submission to the President. (Id, Section 5)

On 23 April 1986, President Aquino, pursuant to Proclamation No. 3, promulgated Proclamation No. 9 constituting the "Law Governing the Constitutional Commission of 1986" directing the organization of the Constitutional Commission to provide for the details of its operation and establish the procedure for the ratification or rejection of the proposed new Constitution."

The Commission was actually composed of forty-eight (48) members; forty-two (42) were men and six (6) were women, predominantly of lawyers; one appointee withdraw.

The Commission convened on 2 June 1986 at the Batasan Pambansa Building in Quezon City ad started working on the drafts.

The final draft of the new Constitution, after truly laborious efforts, exhaustive debates and discussion, was approved by the Constitution on Sunday night, the 12th of October 1986 with a vote of 44-2. One affixed his signature at his sickbed by his thumbmark. Two signed indicating their dissent.

The 109-page draft of the new Constitution, consisting of a preamble, 18 articles and 321 sections, was finally signed by the members in their session of 15 October 1986. The original copies in English and Filipino were submitted to the President of the Republic of the Philippines on the same day.

The Commissioners conducted information campaign and seminars practically in all provinces and cities throughout the country to acquaint the people on the various ramifications to enlighten the people when they will be called upon to vote in the forthcoming plebiscite scheduled for 2 February 1987.

The New Constitution was ratified by the people on February 2, 1987, in a plebiscite called for the purpose, thereby superseding the 1973 Constitution.

Members of the Constitutional Commission

The 1986 Constitutional Commission was composed of a president, former Associate Justice of Supreme Court, Cecilia Munoz- Palma; Vice-President; former senator Ambrosio Padilla; Floor Leader, Napoleon Rama and Assistant Floor Leader, Ahmed Domacao Alonto, and the following members: Yusuf Abubakar. Felicitas Aquino, Adolfo S. Ascuna, Jose P.S. Bengson, Jr., Joaqiun Bernas, Crispino M. De Castro, Jose Colayco, Robert R. Concepcion, Hilario G Davide, Jr., Vicente B. Foz, Serafin V.V. Guingona, Alberto M.K. Jamir, Jose B. Laurel Jr., Eulogio R. Lerum, Regalado E. Maambong, Christian S. Monsod, Teodulo C. Natividad, Jose N. Nolledo, Florenz D. Regalado, Rustico F. De Los Reyes, Jr., Francisco A. Rodrigo, Richard J. Romulo, Decoroso R, Rosales, Rene V. Sarmiento, Jose E Suarez, Lorenzo M. Sumulong, Efrain B. Trenas, and Lugum L. Uka, Bishop Teodoro C. Becani, Cirilo A. Rigos, Sister Christine O. Tan, Gregorio J. Tiongson, Wilfredo Villacorta, Bernardo M. Villegas, Minda Luz M. Quesada, Teresa F. Nieva, Edmundo G. Garcia, Blas F. Ople, Jaime S. Tadeo, Ponciano L. Bennagen, Chito Gascon, Jose Calderon.

Criticisms Against an Appointive Constitutional Commission

About the strongest argument advanced against the appointive constitutional commission to draft the new Constitution of the Republic of the Philippines may be divided into two issues:

First, the lack of independence of those appointed members if the Constitutional Commission for the simple reason that they can easily be made to toe the line consistent with the expectation of the appointing power; and

Second, the constitution that the Commission will be able to come up with will not reflect the true sentiments of majority of the Filipino people who had no hand in the selection of the respective commissioners.

Under the first issue is, of course no concrete assurance that presidential pressure may not be made to bear upon the commission members which can not be easily avoided, one way or the other. There is always that suspicion of presidential manipulation emanating from loyalty that the commissioners may feel they owe to the authority that appointed them.

On the second issue, it cannot be denied that the appointed members of the Constitutional Commission may not be representative of the people themselves who had no participation in their selection. There is the charge that most of the commissioners are financially well-off, nay millionaires who may not have interest in the welfare of the people themselves, particularly most of whom gnaw under the pangs of poverty.

No matter how valid the arguments against the appointive constitutional commission, yet such arguments can easily be offset by the advantages that can be given thereto:

Decidedly, an appointive constitutional commission is less expensive than the election of members throughout the country. This is more practical at this stage in our history considering that there exists economic and financial difficulties, aggravated by the uncertain peace and order situation obtaining in the countryside.

There is another reason in favor of the appointive commission. There is no assurance that the new Constitution to be drafted by the elected members will be better than that drafted by members of proven probity, independence, and patriotism.

Only time can tell whether the criticism against the appointive Constitutional Commission of 1986 are valid or not. Consequently, there is no call for a judgment that an elective Constitutional Commission could have done better, although it is admitted that it is more representative of the people's will.

Historical Background of "People's Power"

The events that preceded the installation of the revolutionary government by the so-called People's Power may be summarized as follows:

A snap election was held under the 1973 Constitution where Corazon C. Aquino and then President Ferdinand Marcos vie for he presidency.

On 15 February 1986, the Batasang Pambansa, in the exercise of the powers vested in it under the 1973 Constitution, proclaimed Ferdinand E. Marcos president of the Philippines in the midst of widespread protest.

On the afternoon of 22 February 1986, Minister of National Defense, Juan Ponce Enrile abd Vice-Chief of Staff of the Armed Forces, General Fidel Ramos, started a revolt against President Ferdinand Marcos and threw their support behind Corazon C. Aquino.

The Enrile-Ramos Forces were at the time entrenched in Camp Crame and Camp Aguinaldo, completely surrounded and outnumbered by the Marcos forces. But surprisingly, the civilians, all unarmed, came in hordes by the millions and surrounded both military camps to protect and rescue the Enrile-Ramos forces. The waves of humanity that rallied to assist in the revolution, made the other military elements to switch their support to Corazon C. Aquino.

Then the Air Forces switched its might over to the Enrile-Ramos forces on 24 February 1986, a fact that spelled the doom of Marcos and those of his cohorts in the Batasang Pambansa who proclaimed him president.

On the morning of the following day, 25 February 1986, Corazon C. Aquino, without the sanction of the Batasang Pambansa, was proclaimed the first woman president of the Philippines in defiance of the provisions of the 1973 Constitution.

During simple rites at the Club Filipino, Corazon C. Aquino was sworn in as President of the Philippines by then Senior Associate Justice of the Supreme Court Claudio Teehankee. Previous to this occasion, on the 15 February 1986, Ferdinand E. Marcos, was also proclaimed President of the Philippines and was sworn in as such at Malacanang by then Chief Justice Ramon Aquino. The Following evening, the Marcos family, accompanied by a large number of his supporters, went into exile to Hawaii. Marcos, however, claimed he was kidnapped by an American contingent, brought to Clark Air Force Base, instead of Paoay where he wanted to go, then was flown to Hawaii.

Considering that she was catapulted to the presidency not through the existing legal process under 1973 Constitution requiring lodging a protest either before the Batasan Pambansa or before an electoral Tribunal, President Aquino opted for a revolutionary government.

The question that may be asked: Is the government revolutionary?

The provisional constitution provided a Bill of Rights which bound the President and all the other officials of the government to respect and that the actions of the President were made subject to judicial review. At the same time, the provisional constitution vested unto the President extraordinary powers which, according to her own solicitor general, considered more dictatorial than those of the deposed dictator under the 1973 Constitution. However, the solicitor general hastened to add that President Aquino will never use them to betray the trust the people themselves reposed on her.

Under the provisional constitution, enshrined in its provisions is the superiority of civilian authority over the military. The military - those who initiated the revolution, stood four-square in support of its civilian commander-in-chief, for the first time in history- a woman.

Sources:

Aruego-Torres. The Philippine Constitution Explained
Malcolm. Philippine Constitutional Law
Gardner. Introduction to Political Science
Sinco. Philippine Political Law