Isabella Carter
The 1987 Constitution of the Philippines was drafted by a Constitutional Commission of 48 members, appointed by President Corazon Aquino following the 1986 People Power Revolution that overthrew the Marcos regime. The commission, composed of individuals from various backgrounds, including former members of the House of Representatives, justices of the Supreme Court, and political activists, was tasked with creating a new constitution that reflected the ideals and aspirations of the Filipino people. The final draft was presented to Aquino on October 15, 1986, and following a National Plebiscite on February 2, 1987, the constitution was ratified and took effect the same day. Since then, there have been several attempts to amend the 1987 Constitution, with varying levels of success.
| Characteristics | Values |
|---|---|
| Date of Ratification | February 2, 1987 |
| Type of Government | Unitary presidential constitutional republic |
| Influences | US Constitution, other democratic constitutions |
| Key Features | Strong Bill of Rights, protection of civil liberties, emphasis on social justice, and direct involvement of the people in the political process |
| Amendments | Can be proposed by Congress or a constitutional convention; ratification by a majority of votes cast in a national referendum |
| Federalism | Highly decentralized, with significant power and resources devolved to local government units |
| Separation of Powers | Executive, Legislative, and Judicial branches with checks and balances |
| Citizenship | Defines requirements for Filipino citizenship, including those born before 1987 |
| National Territory | Defines the Philippines' territorial sea, airspace, and exclusive economic zone |
| State Policies | Outlines the state's role in promoting the common good, including specific policies on education, labor, and the economy |
| Transitory Provisions | Provided for the transition from the previous government under the 1973 Constitution to the new government under the 1987 Constitution |
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What You'll Learn
- The 1987 Constitution established a representative democracy with three branches of government
- The President has the power to grant reprieves, commutations, pardons, and remit fines
- The President can contract or guarantee foreign loans with the Monetary Board's concurrence
- No person shall be twice put in jeopardy of punishment for the same offence
- The 1987 Constitution was ratified by the people in a plebiscite on February 2, 1987
The 1987 Constitution established a representative democracy with three branches of government
The 1987 Constitution of the Philippines established a representative democracy with three independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. The Executive branch is headed by the President, who is both the head of state and the chief executive. The President has the power to appoint a cabinet and is subject to checks from the other branches, especially in times of emergency.
The bicameral Legislature consists of the Senate and the House of Representatives. The Senate is made up of Senators who are elected for a term of three years, and the House of Representatives includes members elected for the same term length, beginning at noon on the thirtieth day of June following their election. The Legislature also includes sectoral representation in local governments, with one-half of seats allocated to party-list representatives from various sectors, such as labour, peasant, urban poor, indigenous cultural communities, women, and youth.
The third branch, the Judiciary, includes the Supreme Court, which has the power to hear cases dealing with the constitutionality of laws, treaties, or decrees of the government, as well as cases involving government or international officials. The Supreme Court also oversees the functioning of lower courts. In addition to these three branches, the 1987 Constitution established three independent Constitutional Commissions: the Commission on Audit, the Civil Service Commission, and the Commission on Elections.
The 1987 Constitution was drafted by a Constitutional Commission of 48 members appointed by President Corazon Aquino, following the 1986 People Power Revolution that ousted Marcos. The Commission included former members of the House of Representatives, former justices of the Supreme Court, a Catholic bishop, and political activists against the Marcos regime. The final draft was presented to Aquino on October 15, 1986, and ratified by the people in a plebiscite on February 2, 1987. The Constitution was modelled on the American Constitution but also incorporated Roman, Spanish, and Anglo law. It aimed to establish a just and humane society, promote the common good, and secure independence and democracy for the Filipino people.
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The President has the power to grant reprieves, commutations, pardons, and remit fines
The 1987 Constitution of the Philippines established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. The constitution was drafted by a Constitutional Commission of 48 members from varied backgrounds, including former members of the House of Representatives, former justices of the Supreme Court, a Catholic bishop, and political activists against the Marcos regime. The commission's sessions addressed several contentious issues, including the form of government, the death penalty, the retention of U.S. military bases, and the integration of economic policies.
The 1987 Constitution grants the President the power to grant reprieves, commutations, pardons, and remit fines and forfeitures after a conviction by final judgment. This power, known as executive clemency, is exclusive to the President and is exercised at their discretion to prevent or correct a miscarriage or manifest injustice. The Board of Pardons and Parole assists the President in exercising this power through guidelines outlined in Executive Order No. 83, dated January 11, 1937.
The President's power to grant reprieves involves temporarily delaying or suspending the execution of a sentence to allow for further review or consideration of a case. This can be done to ensure that justice is served and no miscarriage of justice occurs. On the other hand, commutations involve the reduction of a sentence, often from a more severe punishment to a less severe one, such as from the death penalty to life imprisonment. Pardons, on the other hand, involve the forgiveness of a crime and the associated penalty, effectively absoling the convicted individual of their guilt and any remaining sentence.
In addition to granting reprieves, commutations, and pardons, the President can also remit fines and forfeitures. This means that they have the authority to reduce or waive monetary penalties imposed by a court. Fines are typically imposed as a form of punishment for a crime or offence, while forfeitures involve the loss of property or assets as a result of illegal activity. By remitting fines and forfeitures, the President can provide relief to individuals who have been convicted and help them avoid the financial burden of their sentence.
While the President has the power to grant reprieves, commutations, pardons, and remit fines, this power is not without limitations. There are specific guidelines and restrictions in place, such as the requirement for a final judgment of conviction, to ensure that executive clemency is exercised judiciously and in the interest of justice. Additionally, certain offences may be excluded from the scope of executive clemency, such as treason, espionage, and certain violent crimes.
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The President can contract or guarantee foreign loans with the Monetary Board's concurrence
The 1987 Constitution of the Republic of the Philippines was drafted by an appointed Constitutional Commission of 48 members and ratified by the people in a plebiscite held on February 2, 1987. It was modelled on the American Constitution and incorporated Roman, Spanish, and Anglo law. The constitution established a representative democracy with power divided among three independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.
The 1987 Constitution of the Philippines outlines the powers of the President with respect to foreign loans. Specifically, Section 20 of the Constitution states that the President may contract or guarantee foreign loans on behalf of the Republic of the Philippines, but only with the prior concurrence of the Monetary Board. This provision ensures that the President has the authority to pursue foreign loans to support the country's economic development while also requiring the input and approval of the Monetary Board, which is responsible for overseeing the country's financial system.
The role of the Monetary Board in this process is crucial. The Monetary Board is responsible for ensuring that any foreign loans contracted or guaranteed by the government are in the best interests of the country's economic health. Within thirty days from the end of every quarter of the calendar year, the Monetary Board is required to submit a complete report to Congress detailing its decisions on loan applications that would increase the country's foreign debt. This report also includes other matters as may be provided by law. By involving the Monetary Board and requiring regular reporting to Congress, the 1987 Constitution promotes transparency and accountability in the management of the country's finances.
Additionally, the President's power to contract or guarantee foreign loans is further outlined in Republic Act No. 4860, which authorises the President to obtain foreign loans and credits or incur foreign indebtedness necessary for approved economic development purposes or projects. This Act also allows the President to guarantee foreign loans obtained by government-owned corporations for economic development, including those incurred for re-lending to Filipino-owned businesses. However, all loans and credits must be incurred for specific projects in line with the approved economic program of the government and must be approved by the President.
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No person shall be twice put in jeopardy of punishment for the same offence
The 1987 Constitution of the Philippines was drafted by an appointed Constitutional Commission of 48 members from varied backgrounds, including former members of the House of Representatives, former justices of the Supreme Court, a Catholic bishop, and political activists against the Marcos regime. The final draft was presented to Aquino on 15 October 1986 and was ratified by the people in a plebiscite held on 2 February 1987. The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.
The 1987 Constitution contains a provision protecting individuals from double jeopardy, which is derived from Anglo-American legal traditions. This provision can be found in Article III (Bill of Rights), Section 21, and states: "No person shall be twice put in jeopardy of punishment for the same offence." This protection against double jeopardy is a cornerstone of criminal procedure and substantive rights in the Philippines, and is designed to protect individuals from undue and oppressive state action.
The double jeopardy clause ensures that an individual cannot be placed in jeopardy of punishment more than once for the same offence. This means that if a person has been convicted or acquitted of an act that is criminalised by a national statute or a local ordinance, subsequent prosecution for the same act is barred. For example, if a person is tried and acquitted under a local ordinance, the state cannot later attempt a second prosecution under a national law for the same underlying act.
The protection against double jeopardy is not limited to formal criminal statutes and extends to situations where an act is criminalised by both a national statute and a local ordinance. This ensures that the magnitude or tier of the legislative source does not influence the finality of judgments or undermine constitutional safeguards. The explicit protection regarding acts punished by both law and ordinance demonstrates that the double jeopardy clause is not confined to criminal statutes alone.
The concept of double jeopardy has a long history and can be found in various legal traditions, including common law and civil law systems. In some countries, such as Canada, Mexico, and the United States, protection against double jeopardy is a constitutional right, while in others, it is afforded by statute. The protection against double jeopardy is also included in international agreements such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights.
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The 1987 Constitution was ratified by the people in a plebiscite on February 2, 1987
The 1987 Constitution of the Philippines was ratified by the Filipino people in a plebiscite on February 2, 1987. This plebiscite was held after a nationwide information campaign on the draft constitution. The question put to voters was: "Do you vote for the ratification of the proposed Constitution of the Republic of the Philippines with the ordinance appended thereto?". The results of the 1987 plebiscite were based on returns from 83,288 precincts, or a total of 21,785,216 votes, across the Philippines. On February 11, 1987, President Aquino announced the results of the plebiscite and proclaimed the 1987 Philippine Constitution ratified. It took effect immediately.
The 1987 Constitution was drafted by a Constitutional Commission of 48 members, appointed by President Aquino, and took 133 days to complete. The commission was composed of members from a variety of backgrounds, including several former members of the House of Representatives, former justices of the Supreme Court, a Catholic bishop, and political activists against the Marcos regime. Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, was appointed as president of the commission. The final draft was presented to Aquino on October 15, 1986.
The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. It was largely modelled on the American Constitution, but it also incorporated Roman, Spanish, and Anglo law. The Constitution has been amended several times since its ratification, with attempts to amend or change it beginning as early as 1995.
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Frequently asked questions
The 1987 Constitution of the Philippines was drafted by a Constitutional Commission of 48 members, appointed by President Corazon Aquino.
The 1987 Constitution was largely modelled on the US Constitution, but it also incorporated Roman, Spanish, and Anglo law.
The 1987 Constitution was ratified by the people in a plebiscite held on 2 February 1987.
Yes, there are three methods by which the Constitution can be amended: a Constituent assembly (Con-Ass), Constitutional Convention (Con-Con), or People's Initiative. All three methods require ratification by majority vote in a national referendum.
