READINGS IN PHILIPPINE HISTORY
Duterte administration
During the May 2016 election, Rodrigo Duterte stated in May 2016 that a plebiscite on the proposed replacement of the unitary state with a federal one will be held in two years. After winning, Duterte proposed to revive the proposed form of Nene Pimentel. On December 7, 2016, President Duterte signed Executive Order No. 10 creating a consultative committee (ConCom) to review the 1987 Constitution. Then on July 3, 2018, the ConCom unanimously approved the draft constitution through voting. It was submitted to the President on or before July 9 of the same year.
Arroyo Administration
Endorsed a constitutional change through a constituent assembly, which entails a two-thirds vote of the House to propose amendments or revision to the constitution. This initiative was also not successful since the term of President Arroyo was mired in controversy and scandal, including the possibility of arroyo extending her term as president, which the constitution does not allow.
Unique Features is?
provisions on Bill of Rights - provisions for women's suffrage - creation Philippine Armed Forces - development of national language
What is the 1935 Constitution and the Commonwealth Government?
the 1935 Constitution of the Philippines was written in 1934, approved and adopted by the Commonwealth of the Philippines and later used by the Third Republic of the Philippines the 1935 Constitution was ratified by the Filipino people through a national plebiscite, on May 14, 1935 and came into full force and effect on November 15, 1935 with the inauguration of the Commonwealth of the Philippines. among its provisions was that it would remain the constitution of the Republic of the Philippines once independence was granted on July 4, 1946
The 1943 Constitution (The Japanese Occupation and the Second Republic)
the constitution of the Japanese-sponsored Second Republic of the Philippines (1943-1945). In June 1943, the Preparatory Commission for Philippine Independence (PCPI), composed of 20 delegates, was created to draft a new constitution by the Kalibapi (Kapisanan sa Paglilingkod sa Bagong Pilipinas)], the only political organization allowed at that time. In September 1943, the draft constitution was unanimously approved by all members of the PCPI and was submitted for ratification in a popular convention of the Kalibapi in Manila.
Changing of the constitution
Constitutional reform in the Philippines, also known as Charter Change (colloquially Cha-Cha) refers to the political and legal processes needed to amend the current 1987 Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a People's Initiative, a Constituent Assembly or a Constitutional Convention.
November 29
The congress approved the Malolos Constitution which was drafted by Felipe Calderon.
Unique Features is?
- a condensed version of the 1935 Constitution - consist of preamble and 12 articles - only effective during the duration of the war.
The Biak na Bato Republic Constitutions (1897)
- based on the Cuban Constitution - drafted by Felix Ferrer and Isabelo Artacho - signed on November 1, 1897
Unique Features is?
- first democratic government ever promulgated in Asia
What is a constitution?
- fundamental law of nation or state - it establishes the character and basic principles of the government - the highest expression of the law
Unique Features is?
- legislative power was vested in Batasang Pambansa - establishment of Civil Service Commission, Commission on Election, Commission on Audit
The Malolos Republic Constitution (1899)
- the first Philippine Constitution the first republican constitution in Asia was drafted and adopted by the First Philippine Republic, which lasted from 1899 to 1901.
Article X- Local Government
Article X pursues local autonomy and mandates Congress to enact a law for the local government, now currently the Local Government Code
Article VIII - Judicial Department
Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be established by law (by Congress). While the power to appoint justices and judges still reside with the President, the President may only appoint nominees pre and judges the Judicial and Bar Council, a body composed of the Chief Justice of the supreme Court, the Secretary of Justice, the Chairs of the Senate and House Committees on Justice, and representatives from the legal profession.
Article VII - Executive Department
Article VIl provides for a presidential form of government where the executive. power is vested on the President. It provides for the qualification, terms of office, election and power and functions of the President. It also provides for a Vice President and for the presidential line of succession.
Article II - Declaration of Principles and State Policies
Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government.
Article III Bill of Rights
Article III enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the U.S. Constitution. Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these rights have largely been determined by the Supreme Court through case law.
Article IV - Citizenship
Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. Natural-born citizens are those who are: citizens from birth without having to perform aryl act to acquire or perfect Philippine citizenship. The Philippines follows a jus sanguinis system where citizenship is mainly acquired through a blood relationship with Filipino citizens. Natural-born citizenship forms an important part of the political system as only natural-born Filipinos are eligible to hold high offices, including all elective offices beginning with a representative in the House of Representatives up to the President.
Article IX - Constitutional Commissions
Article IX establishes three constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
Article V - Suffrage
Article V mandates various age and residence qualifications to vote and a system of secret ballots and absentee voting. It also mandates a procedure for overseas and disabled and illiterate Filipinos to vote.
Article VI - Legislative Department
Article VI provides for a bicameral legislature called the Congress, composed of the Senate and the House of Representatives. It vests upon Congress, among others, the power of investigation and inquiry in aid of legislation, the power to declare the existence of a state of war, the power of the purse, the power of taxation, and the power of an eminent domain.
Article XI - Accountability of Public Officers
Article XI establishes the Office of the Ombudsman which is responsible for investigating and prosecuting government officials. It also vests upon the Congress the power to impeach the President, the Vice President, members of the Supreme Court, and the Ombudsman.
Duterte administration
Federalism is a proposed type of government wherein sovereignty is constitutionally divided between the national government and sub divisional governments (such as states or provinces). Federalism divides the country into several autonomous states with a national government. How federalism works? The autonomous states are even further divided into local government units. They will have the main responsibility over developing their local industries, public health and safety, education, transportation, and culture. These states have more power over their finances, policies, development plans, and laws.
President Marcos submitted it for ratification in early January of 1973.
Foreseeing that a direct ratification of the constitution was bound to fail, Marcos issued Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify the newly drafted constitution by means of a Viva Voce vote in place of secret ballots. Marcos announced that it had been ratified and in full force and effect on January 17, 1973.
What is the purpose of the Constitution?
It prescribes the kind of government that will exist in the state. It creates the different departments and specifies their respective functions and duties. It is the source of the sovereign powers of a government by establishing the fixed, first and basic principles. It promotes public welfare. It establishes the rights of the people which the government is obligated to protect.
What is the three Branches of government?
Legislative - It has a power to elect the President and the chief justice of the supreme court. Executive - he was the head of the state and was duly elected by the legislative body. Judiciary - the judicial power was vested in the supreme court and all other lower courts provided by law.
September 15, 1898
Malolos congress was inaugurated at the Barasoain church in Malolos, Bulacan. The first task was to draft a constitution needed for the formation of a republic. The main task of the republic was the recognition of other state.
The 1987 Constitution
On February 11, 1987, the new constitution was proclaimed ratified and took effect. Establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the people and all government authority emanates from them". Corazon Aquino issued Proclamation No. 3, declaring a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution, and providing for an orderly translation to a government under a new constitution.
Aquino III administration
President Benigno Aquino III had no concrete plans regarding constitutional reform, but several proposals were put forth by different members of Congress. Senate Resolution No. 10, by Senator Pimentel, called for constitutional reform to convert to a federal republic.
Unique Features is?
President continued to exercise legislative power until a legislature was convened under a new constitution President was given power to appoint the members of Constitutional Commission tasked to draft a new charter "truly reflective of the ideals and aspirations of the Filipino people."
Proposed amendments or revision to the 1987 Constitution
Ramos Administration The first attempt to amend the 1987 Constitution was under President Fidel Ramos. Among the proposed changes in the constitution included a shift to a parliamentary system and the lifting of term limits of public officials The Supreme Court dismissed the petition on the grounds that the People's Initiative mode does not have enough enabling law for the proposed revisions or amendments in the 1987 constitution.
Unique Features is?
Restores the bicameral Congress of the Philippines, composed of a Senate and House of Representatives Modified bill of rights, details the rights of Filipino citizen Creation of Commission on Human Rights
The Organs of the Government under the Constitution of Biak na Bato?
Supreme council which was vested with the power of the republic, headed by the president and Four Departments secretaries: Interior, Foreign Affairs, Treasury, and War. Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice) which has given the authority to make decisions and affirm or disprove the sentences rendered by other courts and dictate rules for the administration of Justice Asamblea de Representates (Assembly of the Representatives) which has to be convened after the revolution to create a new constitution and to elect a new council of Government and Representative of the people.
Structure and Contents
The Constitution contains a preamble and eighteen self-contained articles with a section numbering that reset for every article
What is a constitution?
The constitution is written by a constitutional convention which is a body assembled for the express purpose of framing or writing a constitution, revising an existing one, or proposing amendments to it. After writing the constitution, the draft constitution or amendments/revisions are submitted to a plebiscite for ratification in which the people will decide whether it is acceptable to become a law of the land. This is different from a referendum in which a law passed by legislative body is brought before the people to be voted upon.
Constitution is?
The constitution specifically provided for safeguards against abuses, and enumerated the national and individual rights not only of the Filipinos and of the aliens. The legislative powers were exercised by the Assembly of Representatives composed of delegates elected according to law.
Article I - National Territory
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
Estrada Administration
Under President Joseph Estrada, there was a similar attempt to change the 1987 constitution. The process is termed as CONCORD or Constitutional Correction for Development. There were, once again, objections from opposition politicians, religious sects and left-wing organizations based on diverse arguments such as national patrimony and the proposed constitutional changes would be self-serving. Again, the government was accused of pushing constitutional reform for its own vested interests
Preamble
The preamble introduces the constitution and the source of sovereignty, the people. It follows the pattern in past constitutions, including an appeal to God.
Before President Marcos declared Martial Law, a Constitutional Convention was already in the process of deliberating on amending or revising the 1935 Constitution
They finished their work and submitted it to President Marcos on December 1, 1972
The Freedom Constitution (1986)
When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3, suspending certain provisions of the 1973 Constitution and promulgating in its stead a transitory constitution. Often called the "Freedom Constitution", this constitution was intended as a transitional constitution to ensure democracy and the freedom of the people. The Freedom Constitution provided for an orderly transfer of power while a Constitutional Commission was drafting a permanent constitution
Initial accomplishments of the republic were is?
a national taxation system that included the cedula and gambling taxation. new sources of revenues such as tax, national loans, voluntary contributions and donations. creation of a national budget:1899 budget was PHP 7.17 million. a system for free and compulsory elementary education. A secondary school for boys was established, the Burgos Institute. Other schools were founded. A Military Academy of Malolos was established which produced an approximately 50,000 strong Philippines Army.
The 1973 Constitution and the Marcos Dictatorship
composed of a preamble and 17 articles, provides for the shift from presidential to parliamentary system of government. the Constitution vests the legislative power in the National Assembly a Prime Minister is elected from among the members of the National Assembly and serves as the head of government and commander-in-chief of the Philippine Armed Forces.
what is the unique features?
its preamble reiterated the objective of the revolution which was " the separation of the Philippines from the Spanish Monarchy and their formation into an independent state with its government " this constitution was to last only for two years during which at certain periods, it was superseded by laws and decrees made by Aguinaldo
