Malcolm Rivera
The Philippines' Constitution has stood unamended since 1987. There have been several attempts to change it, including under President Fidel Ramos, who proposed a shift to a senatorial system and the lifting of term limits for public officials. Other attempts include the CONCORD proposal under President Joseph Estrada, which aimed to amend restrictive economic provisions, and proposals under President Gloria Macapagal Arroyo. More recently, President Ferdinand Bongbong Marcos Jr. has endorsed initiatives to relax constitutional restrictions on foreign investments, sparking fears of more significant political reforms. The Philippines Constitution provides three ways to amend it: through a Constituent Assembly, a Constitutional Convention, or a People's Initiative. All proposed amendments must be ratified by a majority vote in a national referendum.
| Characteristics | Values |
|---|---|
| Current Constitution | 1987 Constitution |
| Previous Constitution | 1973 Constitution |
| First attempt to amend | 1997, under President Fidel Ramos |
| Amendment methods | People's initiative, constituent assembly, constitutional convention |
| Additional method proposed | Joint concurrent resolution with a supermajority of at least 75% |
| Ratification | Majority vote in a national referendum |
| Amendments proposed | Shift to senatorial system, lift term limits of public officials, economic liberalization, decentralization |
| Recent developments | President Ferdinand "Bongbong" Marcos Jr. endorsed initiative to ease restrictions on foreign investment |
| Concerns | Amendments could pave the way for more significant political reforms, reminiscent of the constitutional changes under Marcos Sr.'s dictatorship |
| Public opinion | 74% said the Constitution should not be amended, up from 31% in 2023 |
| Recent proposals | Amendments to protect freedom of expression and assembly |
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What You'll Learn
The three methods to propose amendments
The 1987 Constitution of the Philippines is yet to be amended, despite several high-profile attempts. The first attempt was under President Fidel Ramos, who sought to introduce a senatorial system and lift term limits for public officials. The incumbent president at the time of writing, Ferdinand "Bongbong" Marcos Jr., has endorsed initiatives to relax constitutional restrictions on foreign investments in public utilities, higher education, and advertising.
There are three methods to propose amendments to the Constitution:
- A people's initiative: Citizens directly propose amendments to the Constitution through a signature petition. A People's Initiative cannot introduce constitutional revisions but only amendments. For example, Sigaw ng Bayan aimed to gather enough signatures to call for a plebiscite on the proposed constitutional changes by a People's Initiative. However, the Supreme Court rejected this initiative on the grounds that it failed to comply with the basic requirements of the Constitution and proposed revisions rather than amendments.
- A constituent assembly: Congress constitutes itself, upon a three-fourths vote of all its members, to act as a Constituent Assembly.
- A constitutional convention: Congress may call a Constitutional Convention by a two-thirds vote of all its members or submit to the electorate, by a majority vote of all its members, the question of whether to call a convention or not. A Constitutional Convention is a one-off assembly of specially elected delegates.
A fourth method has been proposed by House Speaker Feliciano Belmonte Jr., who suggested that both houses pass a joint concurrent resolution with a supermajority of at least 75%. This "simple legislation as the means to amend" would only require approval by both Houses voting separately.
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The need for a national referendum
The Philippines' 1987 Constitution has never been successfully amended, despite several high-profile attempts. 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. A fourth method has been proposed by House Speaker Feliciano Belmonte Jr., who suggested that both houses pass a joint concurrent resolution with a supermajority of at least 75%. All proposed amendment methods must be ratified by a majority vote in a national referendum.
In the Philippines, there is a history of constitutional change being used to break from the immediate past and usher in a new political order. For example, the 1973 Constitution institutionalised one-man rule, while the 1987 Constitution dismantled the dictatorship and offered solutions to social injustices. Given this history, it is essential that any changes to the Constitution are carefully considered and approved by the people.
Furthermore, a national referendum promotes transparency and inclusivity in the amendment process. It allows for consultation with constituents and stakeholders, as well as the consideration of empirical studies and reviews conducted by academic institutions, think tanks, and civil society organisations. This helps to ensure that the amendment process is informed by a wide range of perspectives and expertise.
While there have been recent efforts to amend the Constitution, deep public distrust, questionable necessity of the proposed reforms, and significant legal challenges suggest that the time may not be ripe for Charter Change. However, should there be a strong public demand for constitutional revision, a Constitutional Convention appears to be the most appropriate mechanism, as it can be more representative than the current composition of the two Houses of Congress.
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The history of failed attempts
The 1987 Constitution of the Philippines has never been successfully amended, despite numerous attempts by various administrations since its adoption. This is due to a combination of factors, including public distrust, questionable necessity of the proposed reforms, and significant legal challenges.
One of the earliest attempts to amend the 1987 Constitution was under President Fidel Ramos. The proposed changes included a shift to a senatorial system and the lifting of term limits for public officials. Ramos argued that these changes would bring more accountability and continuity to the Philippine version of the presidential bicameral system. However, this attempt was met with opposition from various groups, including politically active religious organizations, opposition politicians, business tycoons, and left-wing organizations. Critics argued that the proposed changes would primarily benefit the incumbent, Ramos. On September 23, 1997, the Supreme Court dismissed a petition filed by the People's Initiative for Reform, dealing a setback to the advocates of constitutional reform.
During the term of President Joseph Estrada, there was another attempt to amend the 1987 Constitution through the Constitutional Correction for Development (CONCORD). This proposal aimed to amend only the restrictive economic provisions of the constitution to attract more foreign investments. Once again, this attempt faced opposition from similar groups, who argued that the proposed changes were self-serving and would not benefit the nation. The government was accused of pushing constitutional reform for its own vested interests.
Under President Gloria Macapagal Arroyo, multiple attempts were made to amend the 1987 Constitution, but none succeeded. In 2005-2006, Sigaw ng Bayan (Cry of the People) campaigned for amendments proposed by the Consultative Commission, which included economic liberalization and empowerment of local governments. However, this initiative was rejected by the Supreme Court on the grounds that it failed to comply with the basic requirements for conducting a people's initiative and proposed revisions rather than amendments.
In 2018, a new draft Constitution was prepared by the Philippines Constitution Consultative Committee and submitted to President Rodrigo Duterte. This draft proposed changes to protect freedom of expression and assembly, but it faced criticism from the ICJ (International Commission of Jurists), who argued that the proposed amendments could threaten these freedoms by giving state authorities too much discretion to restrict them.
More recently, in 2024, there were renewed efforts to amend the 1987 Constitution under President Ferdinand "Bongbong" Marcos Jr. While Marcos Jr. initially expressed non-commitment, he later endorsed initiatives to ease constitutional restrictions on foreign investment. Opponents feared that these moves could pave the way for more significant political reforms that could consolidate his power. The attempts in 2024 faced legal challenges and public skepticism, with a significant portion of the population expressing their desire to keep the Constitution as it is.
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The role of the President
The President of the Philippines has a significant role in the process of amending the country's constitution. While the President does not have the unilateral power to amend the constitution, they can initiate and influence the process in several ways.
Firstly, the President can propose constitutional amendments through a "People's Initiative," which involves citizens directly proposing amendments through a signature petition. This method was attempted during the administrations of Presidents Fidel Ramos, Joseph Estrada, and Gloria Macapagal Arroyo, but faced opposition and legal challenges.
Secondly, the President can work with Congress to initiate amendments. The Congress, as the national legislature, has the power to propose and enact constitutional changes. The President can lobby Congress to support specific amendments or work with allies in Congress to spearhead a formal initiative for the desired changes.
Thirdly, the President can appoint key officials who may be involved in the amendment process. The President appoints the heads of executive departments, ambassadors, public ministers, consuls, and officers of the armed forces, as well as other government officials. These appointments can indirectly influence the direction of constitutional reform.
Additionally, the President has the power to grant reprieves, commutations, and pardons, except in cases of impeachment. This power can be relevant in gaining support for constitutional amendments or managing opposition. The President can also contract or guarantee foreign loans on behalf of the country, which may impact the economic aspects of constitutional reform.
Overall, while the President plays a crucial role in initiating and influencing constitutional amendments, the success of any proposed changes depends on gaining sufficient support from Congress, the public, and other stakeholders. The process of amending the Philippines Constitution is complex and often controversial, requiring a careful balance of political will, public support, and legal compliance.
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The impact on freedom of expression
The 1987 Constitution of the Philippines outlines three methods for proposing amendments: a people's initiative, a constituent assembly, or a constitutional convention. A fourth method, proposed by House Speaker Feliciano Belmonte Jr., involves both houses passing a joint concurrent resolution with a supermajority of at least 75%. While there have been several attempts to amend the constitution, none have succeeded.
One of the proposed amendments to the 1987 Constitution of the Philippines has been to add the qualifier "responsible exercise" to the existing provision on freedom of speech, expression, and the press. This would result in the following text: "No law shall be passed abridging the responsible exercise of the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances."
The addition of the phrase "responsible exercise" has been met with criticism and concern from organizations such as the ICJ (International Commission of Jurists). Frederick Rawski, ICJ's Regional Director for Asia and the Pacific, stated that this addition would give state authorities and government agencies "unfettered discretion to restrict freedom of expression and assembly." He further emphasized that such a restriction would impair the essence of these rights and fail to meet the standard of legality.
The ICJ, in a letter to Representative Roger G. Mercado, urged the removal of the phrase "responsible exercise" as a precondition for the exercise of fundamental freedoms. They stressed that this limitation is incompatible with the Philippines' obligations under international human rights law. The proposed amendment would restrict the protection of these rights to what state authorities deem "reasonable," which could lead to overly broad and expansive limitations on freedom of expression.
The impact of this proposed amendment on freedom of expression is significant. It could potentially grant the government and its agencies the power to arbitrarily restrict and control the expression of ideas, opinions, and information. This goes against the foundational right to freedom of expression, which is deeply valued in the Philippines, as evidenced by its inclusion in previous constitutions and influential legal documents.
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Frequently asked questions
The current constitution of the Philippines was established in 1987.
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. A fourth method has been proposed by House Speaker Feliciano Belmonte Jr., which would involve both houses passing a joint concurrent resolution with a supermajority of at least 75%.
The 1987 Constitution includes details on the national territory of the Philippines, citizenship, and the rights of citizens, including freedom of speech and freedom of the press. It also includes sections on the government, such as the House of Representatives and the Senate, and the process for making amendments to the Constitution.
