Philippine Government and the New Constitution

Philippine Government and the New Constitution (with Human Rights) Back to Licensure Examination for Te Teachers achers (LET) Coverage The following topics (not in any particular order) are usually covered under this course: state politics government governance administration the constitution ! as social construct and as social construct highlights of the "#$% constitution overview of forms and structures of government (monarchy (monarchy aristocracy democracy democracy totalitarianism)  principles of check and &alance separation of powers  political regimes democracy v' authoritarianism  political parties legislative structure of the hilippine government: Congress ouse of *epresentatives +enate mem&ership party!list how a law is made  &icameralism v' v' unicameralism executive &ranch: the president ,ualifications executive succession scope of executive-presid executive-presidential ential powers  .udiciary: functions functions powers mem&ership mode of of appointment organi/ation organi/ation of hilippine hilippine courts local governments constitutionalism: constitutiona lism: origins classifications characteristics parts process of amendment-revision the isms citi/enship ! who are 0ilipino citi/ens etc' suffrage ! who can vote etc' the &ill of rights human rights

What is the importance of studying Philippine Constitution? The importance of studying hilippine Constitution Constitution is for you as a 0ilipino to &e aware of your state government politics and your rights' 1t helps you to &e connected in your nation as a citi/en which you have a ma.or role and o&ligation in your community' community' 1t also practices your concern a&out the political events and condition' Thus hilippine Constitution teaches you to support the government and &ring a&out understanding of your government' The constitution of the hilippines is the supreme law of the land as of "#$%' revailing themes throughout the document are peace and e,uality' 2dherence 2dherence to international law is also important' The state has the right to pursue international relations with other nations and nuclear weapons of any kind are restricted from the hilippine islands' The constitution is also meant to esta&lish government authority and protect the welfare of the 0ilipino people' 3emocratic institutions institutions have &een set up such as universal

voting rights for people "$ years old or older' There are also .udicial executive and congressional  &ranches of governance' Certain freedoms are afforded to the 0ilipino people such as the right to &e safe and secure in their  persons as noted in 2rticle 111 +ection 4 of its Bill of *ights' 5ther freedoms secured are due process of law freedom of speech and private property rights' The constitution also states that civilian authority overrides the military in all functions' The role of the armed forces is to &e a protector of the 0ilipino  people and the state' The current Philippine Constitution, ratified in a plebiscite in 1987, defines the Philippines' national territory thus: The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories oer which the Philippines has soereignty or !urisdiction, consisting of its terrestrial, fluial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular sheles, and other submarine areas" The waters around, b etween, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines"

Constitutional history of the Philippines Introduction The #epublic of the Philippines sits on an archipelago in $outheast %sia and consists of 7,1&7 islands with a total area of &&,&&& s(uare )ilometres" *t is located at the intersection of seeral bodies of water: it is bounded by the Pacific +cean in the north, the $outh China $ea in the west, the $ulu and Celebes $eas in the south, and the Philippine $ea in the east" +er 9& million people lie on the islands, some 1 million of whom lie in the capital region, -etro -anila" -ost of the people on the islands are of the same racial stoc) as the -alays and the *ndonesians, but a Chinese minority .around 1"/0 ma)e up an in fluential part of the Philippine economy" There are eight ma!or languages and close to a hundred dialects"

Constitutional history The Philippines had long been used as a trading port in %sia, and this led to their coloni2ation by the $panish and later by the %mericans" The $panish conerted most of the population to Catholicism and the religion remains the dominant one in the country" 3uring the later part of more than && years of $panish rule, nationalist sentiment began to grow among groups of *ndios .which was how the $panish referred to the 4ilipinos, fuelled in large measure by the writings of national hero 5ose #i2al .later e6ecuted by the $panish authorities and other ilustrados .the 4ilipino intellegensia" % reolution was launched against $pain and the reolutionaries declared Philippine independence in

awit, Caite on 5une 1, 1898"  hat became )nown as the -alolos Congress was conened on $eptember 1/, 1898 and the first Philippine Constitution, called the -alolos Constitution, was approed on 5anuary &, 1899, ushering what is called the 4irst Philippine #epublic" *n the $panish  %merican ar of 1898, the reolutionaries sided with the %mericans, hoping that, with the defeat of $pain, independence would be granted b y the $ to the Philippines" This, howeer, did not happen"  %fter $pain ceded .or sold the islands to the nited $tates in the Treaty of Paris, the $ immediately proceeded to brutally suppress the Philippine independence moement" *n 191;, the $ passed the 5ones %ct which specified that independence would only be granted upon the formation of a stable de mocratic goernment modelled on the %merican model, not the 4rench model as the preious constitution had been" The $ approed a tenyear transition pl an in 19< and drafted a new constitution in 19/" orld ar ** and the 5apanese inasion on 3ecember 8, 19<1, howeer, interrupted that plan" %fter heroic 4ilipino resistance against oerwhelming odds finally ended with the fall of =ataan and Corregidor in 19<, a 5apanese >republic? was established, in reality, a period of military rule by the 5apanese *mperial %rmy" % new constitution was ratified in 19< by 4ilipino collaborators who were called the apisanan sa Pagliling)od ng =agong Pilipinas .alibapi" %n actie guerilla moement continued to resist the 5apanese occupation" The 5apanese forces were finally defeated by the %llies in 19<< and this sorry chapter came to a close" Philippine independence was eentually achieed on 5uly <, 19<;" The 19/ Constitution, which featured a political system irtually identical to the %merican one, became operatie" The system called for a President to be elected at large for a <year term .sub!ect to one reelection, a bicameral Congress, and an independent 5udiciary"

*ndependence to martial law 4rom the moment of independence, 4ilipino politics hae been plagued by the twin demons of corruption and scandal" @otwithstanding, Presidents #amon -agsaysay .19//7, Carlos Aarcia .19/7;1, and 3iosdado -acapagal .19;1;/ managed to stabili2e the country, implement domestic reforms, diersify the economy, and build Philippine ties not only to the nited $tates, but also to its %sian neighbours" 4erdinand -arcos was elected president in 19;/ and was reelected in 19 ;9, the first president to be so reelected" 3esirous of remaining in power beyond his legal tenure, he declared martial law in 197, !ust before the end of his second and last term, citing a growing communist insurgency as its  !ustification" Be then manipulated an ongoing Constitutional Conention and caused the drafting of a new constitution  the 197 Constitution  which allowed him to rule by decree until 1978 when the presidential system of the 19/ Constitution was replaced with a parliamentary one" nder this new system, -arcos held on to power and continued to goern by decree, suppressing democratic institutions and restricting ciil freedoms" *n 1981, martial law was officially lifted, but -arcos continued to rule by the e6pedient of being >reelected? in a farce of an election to a new ;year term" Be continued to suppress dissent and thousands of ocal ob!ectors to his rule either mysteriously disappeared or were incarcerated" 3espite economic decline, corruption allowed -arcos and his wife *melda to lie e6traagantly, causing resentment domestically and criticism internationally"

The peopleDs choice hen opposition leader =enigno %(uino 5r" was assassinated upon returning from e6ile in 198, widespread outrage forced -arcos to hold >snap? el ections a year early" The election was mar)ed by fraud on the part of -arcos and his supporters but -arcos had himself declared the winner constitutionally, amidst international condemnation and nationwide domestic protests" % small band of military rebels tried to mount a coup, which failed because of its discoery, but this triggered what became internationally celebrated as the >People Power? reolution, when droes of people spilled out onto the streets to protect the rebels, eentually n umbering well oer a million" nder pressure from the nited $tates, -arcos and his family fled into e6ile" Bis election opponent, =enigno %(uino 5r"Ds widow Cora2on, was installed as president on 4ebruary /, 198;"

The 1987 Constitution  %(uino began her term by repealing many of the -arcosera regulations that had repressed the people for so long" *n -arch, she issued a unilateral proclamation establishing a proisional constitution" This constitution gae the President broad powers and great authority, but %(uino promised to use them only to restore d emocracy under a new constitution" This new constitution was drafted in 1 days by an appointed Constitutional Commission of <8 members and ratified b y the people in a plebiscite held on 4ebruary , 1987" *t was largely modelled on the %merican Constitution which had so greatly influenced the 19/ Constitution, but it also incorporated #oman, $panish, and %nglo law" The 1987 Constitution established a representatie democracy with po wer diided among three separate and independent branches of goernment: the E6ecutie, a bicameral Fegislature, and the 5udiciary" There were three independent constitutional commissions as well: the Commission on  %udit, the Ciil $erice Commission, and the Commission on Elections" *ntegrated into the Constitution was a full =ill of #ights, which guaranteed fundamental ciil and and political rights, and it proided for free, fair, and periodic elections" *n comparison with the wea) document that had gien -arcos a legal fiction behind which to hide, this Constitution seemed ideal to many 4ilipinos emerging from & years of political repression and oppression"

E6ecutie branch The E6ecutie branch is headed b y the President and his appointed Cabinet" The President is the head of the state and the chief e6ecutie, but he is sub!ect to significant chec)s from the other branches, especially in times of emergency, which, gien the history of the country, was obiously intended to be a safeguard agai nst a repeat of -arcosD martial law despotism" 4or e6ample, in cases of national emergency, the President can still declare martial law, but not for a period longer than ; & days" Congress can reo)e this decision by a ma!ority ote, or it can also e6tend it for a period to be determined by the Congress" %dditionally, the $upreme Court can reiew the declaration to decide if there were sufficient facts to !ustify martial law" The President can grant pardons and amnesty" Be is also empowered to ma)e or accept foreign loans" Be cannot, howeer, enter into treaties without the consent of the $enate" The President and GicePresident are elected at large by a direct ote, but the President may only sere one ;year term" The Cabinet, consisting of the PresidentDs adisers

and heads of departments, is appointed b y the President and it assists him in his goernance functions"

Fegislatie branch The legislatie power is ested in a Congress which is diided into two Bouses, the $enate and the Bouse of #epresentaties" The < members of the $enate are elected at large by a popular ote and can sere no more than two consecutie ;year terms" The Bouse is composed of /& elected members" -ost of these #epresentaties are elected by district for year terms, but &0 of the total membership is chosen in proportion to p arty representation" =esides the e6clusie power to legislate, one of the most important powers of Congress is the ability to declare war, which it can through a twothirds ote in both houses" Een the power to legislate, howeer, is sub!ect to an e6ecutie chec)" The President retains the power to eto a bill passed by both houses, and Congress may oerride this eto only with a twothirds ote in both houses"

5udicial branch The Court system in the Philippines e6ercises the !udicial power of goernment and it is made up of a $upreme Court and lower courts created by law" The $upreme Court is a 1/member court appointed by the President without need for confirmation by Congress" %ppointment, howeer, is limited to a list of nominees presented to the President by a constitutionallyspecified 5udicial and =ar Council" This Council consists of 7 members: the Chief 5ustice of the $upreme Court, the $ecretary of 5ustice, a representatie from Congress, a representatie of the *ntegrated =ar, a professor of law, a retired member of the $upreme Court, and a representatie of the priate sector" The first four sere for four years, the l aw professor for three, the retired 5ustice for two, and the priate sector representatie for one year" The $upreme Court 5ustices may hear, on appeal, any cases dealing with the constitutionality of any l aw, treaty, or decree of the goernment, cases where (uestions of !urisdiction or !udicial error are concerned, or cases where the penalty is sufficiently grae" *t may also e6ercise original !urisdiction oer cases inoling goernment or international officials" The $upreme Court also is charged with oerseeing the functioning and administration of the lower courts and their personnel"

Branch

Executive

ierarchy

resident

2ppointment

owers

*emoval

Elected &y a direct vote

Ca&inet  6ominated &y the resident and confirmed &y a commission on appointments

 6ominates the Ca&inet and other high officials

8po the end of 9 year term

ead of 7overnment

8po resignation

Ensures faithful

Branch

ierarchy

2ppointment

owers

*emoval

execution of the laws Commander!in! Chief of the 2rmed 0orces Contracts for foreign loans 3eclares martial

8po impeachmen the legislatur 

8po removal &y t resident

law 8po resignation 2dvises the resident

Legislativ e

+enate Elected &y a direct vote ouse of *epresentative s

Elected &y districts or a  party!list system

Election monitoring 1ntroduces and  passes legislation &y a ma.ority vote

8po resignation 8po the end of a year term

Conductes in,uiries in pursuit of passing legislation 3eclares war with  .oint two!thirds vote of Congress

Election monitoring 1ntroduces and  passes legislation 1ntroduces and  passes financial legislation

8po resignation 8po the end of a year term

Branch

ierarchy

2ppointment

owers

*emoval

Conduct in,uiries in  pursuit of passing legislation 3eclaring war with  .oint two!thirds vote of Congress

;udicial

+upreme Court 2ppointed &y the resident

2dministrative supervision over other courts ;urisdiction over cases involving am&assadors and pu&lic officials Constitutional review

Aoernment oersight bodies The Constitution also establishes three independent Constitutional Commissions" The Ciil $erice Commission acts as a central agency in charge of goernment personnel" The Commission on Elections enforces and administers all election laws and regulations to ensure that they are free and fair for all inoled" 4inall y, the Commission on %udit e6amines all funds, transactions, and property accounts of the goernment and its agencies" Each of these Commissions is gien goerning and financial autonomy from the other branches of goernment to e nsure unbiased decisionma)ing" %ll decisions made by these Commissions are reiewable b y the $upreme Court" To further ensure the ethical and lawful functioning of the goernment, the Constitution also creates an +ffice of the +mbudsman to inestigate complaints regarding public corruption, unlawful behaiour of public officials, and other public misconduct" The +mbudsman can then charge such misbehaing public officials before a special court called the $andiganbayan" The +mbudsman is also independent administratiely and financially from the other branches of g oernment, although the President is ested with the power to appoint the +mbudsman and his 3eputies .from a list also prepared by the 5udicial and =ar Council for single 7year terms" +nly the Bouse has the p ower to initiate impeachment of the President, the members of the $upreme Court, and a few other constitutionally

8po resignation 8po reaching the of %<

protected public officials li)e the +mbudsman" The $enate 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 goernment"

+ystem of 7overnment under "#$% Constitution 1ssues and Challenges ssues

•

Challenges

Economic development = how to ensure that economic growth also &enefits the  poorer classes> ?inority rights = how to ensure multi! ethnicity and pluralism for religious and ethnic minorities>

•

•

3e!concentration of power = how to reduce the considera&le 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> •

•

+preading growth = how to have more even regional development> •

Corruption oor law enforcement and an ineffective  .ustice system Lack of transparency and accounta&ility in pu&lic office olari/ation &etween the few who are wealthy and the many who are poor  Aeak actual protection of the human rights of vulnera&le groups (women children minorities .ournalists political activists) 1nvolvement of the military in political ,uestions Ending the ?uslim insurgency in southern ?indanao

Timeline "4

+panish claim the islands

"$#$

+pain cedes the hilippines to the 8+

"#<4

8+ esta&lishes civil government to replace military rule

"#

The Commonwealth of the hilippines is esta&lished under resident ?anuel Due/on

and the 8+ promises independence in "< years

"#"

;apanese forces invade the islands

"#

The 8+ retakes the islands

"#9

The 8+ grants the new *epu&lic of the hilippines full independence

"#9

0erdinand ?arcos &ecomes resident

"#9#

?arcos is reelected despite allegations of elections fraud ietnam protests &egin ?uslim separatists &egin guerrilla war in the south

"#%4

?arcos declares martial law suspends parliaments arrests opposition leaders and imposes censorship regulations

"#%

6ew constitution adopted granting ?arcos &road powers

"#$"

?arcos wins reelection martial law lifted

"#$

5ppoisiton leader Benigno 2,uino killed as he returns to the hilippines from exile

"#$9

?arcos opposed in elections &y 2,uino@s widow Cora/on mass protests of election results in favour of ?arcos forces him into exile

"" 0e&ruary "#

%$ 6ew Constitution passed

"##4

2,uino replaced as resident &y defence minister 0idel *amos

"##9

eace agreement signed with ?uslim separatist group

"##$

;oseph Estrada former film star elected resident

;anuary 4<<<

1mpeachment trial against Estrada suspended leading to mass protests which replace

Estrada with ice!resident 7loria 2rroyo

2pril 4<<"

Estrada found guilty of stealing more than $< million dollars of state funds during residency &ut later pardoned

;une 4<<

2rroyo elected to residency

4<<

2rroyo resists attempt to impeach her under allegations of vote!rigging declares a state of emergency in response to an alleged military coup

4<<%!4<<#

Ethnic tensions mount &etween 1slamic separatist groups and Christian ma.ority

;une 4<"<

Beningo F6oynoyG 2,uino son of Cora/on 2,uino elected resident