Eleanor Finch
The 1987 Constitution of the Philippines was drafted by a Constitutional Commission of 48 members from a wide range of backgrounds, appointed by President Corazon Aquino. The commission included several 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 was headed by Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court. The constitution was ratified by the people in a plebiscite held on February 2, 1987, and took effect the same day.
| Characteristics | Values |
|---|---|
| Drafted by | A Constitutional Commission of 48 members |
| Date of ratification | February 2, 1987 |
| Date of effect | February 11, 1987 |
| Appointed by | President Corazon C. Aquino |
| President of the commission | Cecilia Muñoz-Palma |
| Type of government | Representative democracy |
| Branches of government | Executive, bicameral Legislature, and Judiciary |
| Citizenship | Criteria listed in Section 1 of the constitution |
| Members of the House of Representatives | Must be natural-born citizens of the Philippines and at least 25 years old, able to read and write |
| National territory | The Philippine archipelago, with all its islands and waters, and all other territories over which the Philippines has sovereignty or jurisdiction |
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What You'll Learn
President Corazon Aquino's role
Corazon Aquino was a prominent political leader in the Philippines, who served as the country's first female president from 1986 to 1992. She played a pivotal role in the development and enactment of the 1987 Constitution of the Philippines, which was a significant milestone in the nation's transition to democracy.
Aquino's ascension to the presidency marked a turning point in the country's history. She assumed office in 1986, following the removal of Ferdinand Marcos due to allegations of electoral fraud. Aquino's election represented a unified opposition to the long dictatorship of Marcos, and she became a symbol of democratic restoration. One of her early acts as president was to issue Proclamation No. 3, establishing a provisional constitution. This provisional constitution granted her broad powers, which she pledged to use solely for the purpose of restoring democracy and drafting a new, permanent constitution.
Aquino appointed a Constitutional Commission, composed of 48 members from diverse backgrounds, including former legislators, justices of the Supreme Court, a Catholic bishop, and political activists who had opposed the Marcos regime. Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, was appointed as the president of the commission. The commission was tasked with the responsibility of drafting a new constitution, reflecting the aspirations of the Filipino people for democratic governance.
The 1987 Constitution of the Philippines, drafted by the Constitutional Commission, established a representative democracy with a clear separation of powers. It divided governmental power among three independent branches: the Executive, a bicameral Legislature, and the Judiciary. This new constitution also limited the powers of the presidency, ensuring that the dictatorial government structure of the past would not be repeated.
Aquino's role in the process was crucial. She provided the political leadership and support necessary for the successful drafting and ratification of the 1987 Constitution. Her commitment to democracy and her belief in the importance of a strong constitutional framework guided the work of the Constitutional Commission. Aquino's own experiences during the Marcos dictatorship informed her determination to create a more just and equitable political system.
The 1987 Constitution of the Philippines, enacted during Aquino's presidency, laid the foundation for a more democratic and accountable governance in the country. It reflected the aspirations of the Filipino people for a government that respected human rights, the rule of law, and the principles of separation of powers. Aquino's role in this process cemented her legacy as a champion of democracy and a pivotal figure in the nation's history.
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The 48-member Constitutional Commission
The 1987 Constitution of the Philippines was drafted by a 48-member Constitutional Commission, also known as the ConCom, appointed by President Corazon C. Aquino. The commission was composed of individuals from a diverse range of 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 first session of the commission was held on June 2, 1986, and Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, was elected president of the commission. The commission faced several contentious issues during its sessions, including the form of government to adopt, the abolition of the death penalty, the retention of U.S. bases, and the integration of economic policies into the constitution.
The members of the commission represented all sectors of Filipino society. Notable members included Bishop Teodoro Bacani, former Supreme Court chief justice Roberto Concepcion, former labor minister Blas Ople, Ateneo De Manila University president Father Joaquin Bernas SJ, and University of the Philippines Student Council Chairperson Chito Gascon.
The drafting process was not without conflict, and some members, including filmmaker and political activist Lino Brocka, walked out before the constitution's completion due to disagreements with certain provisions. The commission completed the final draft on October 12, 1986, and presented it to President Aquino on October 15. The constitution was then ratified by the people in a plebiscite held on February 2, 1987, and it took effect the same day.
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The 1987 Constitution's ratification
The 1987 Constitution of the Philippines was drafted by a Constitutional Commission of 48 members, who were appointed by President Corazon C. Aquino. 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. Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, was appointed as president of the commission.
The commission faced several contentious issues during its sessions, including the form of government to adopt, the abolition of the death penalty, the retention of U.S. bases, and the integration of economic policies into the constitution. Despite these challenges, the commission completed the final draft on October 12, 1986, and presented it to President Aquino on October 15.
The 1987 Constitution was ratified by the people in a plebiscite held on February 2, 1987. This new constitution established a representative democracy with power divided among three independent branches: the Executive, a bicameral Legislature, and the Judiciary. It was modelled on the American Constitution, but also incorporated Roman, Spanish, and Anglo law.
The 1987 Constitution has been subject to several attempts to amend or change it since its ratification. The first attempt was in 1995, when then-Secretary of National Security Council Jose Almonte drafted a new constitution. However, this attempt was thwarted by non-government organizations who exposed potential changes that would affect the protection of the people's interests. In 1997, an attempt was made to change the constitution through a People's Initiative by gathering signatures from voters.
More recently, during the administration of President Benigno Aquino III, Speaker of the House Feliciano Belmonte Jr. attempted to introduce amendments focusing on economic liberalization, but these efforts did not succeed. In 2016, President Rodrigo Duterte oversaw the creation of a Consultative Committee to review the 1987 Constitution, with a focus on implementing federalism in the country.
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The Constitution's influence and legacy
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. It was presented to President Corazon Aquino on October 15, 1986, and ratified by the people in a plebiscite on February 2, 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. This was a significant departure from the previous Marcos-era regime and paved the way for a more democratic and representative form of government in the Philippines.
One of the most significant influences of the 1987 Constitution was the abolition of the death penalty. This was a highly contested issue during the Constitutional Commission's sessions, and the decision to abolish capital punishment reflected the country's commitment to protecting human rights and valuing the inherent dignity of all people.
The Constitution also played a crucial role in shaping the country's economic policies. It incorporated economic provisions that aimed to liberalize the economy and promote foreign investment. However, these provisions have been the subject of debate and attempted amendments over the years, as different administrations have sought to regulate economic sectors and balance the country's economic needs with other priorities.
Additionally, the 1987 Constitution addressed the issue of U.S. military bases in Clark and Subic. The decision to retain these bases reflected the ongoing presence and influence of the United States in the Philippines, even after the country gained independence.
The legacy of the 1987 Constitution is complex and multifaceted. While it laid the foundation for a more democratic and representative government, there have been multiple attempts to amend or change the Constitution to better serve the evolving needs and aspirations of the Filipino people. These attempts demonstrate the dynamic nature of constitutional law and the ongoing pursuit of a more perfect union.
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Attempts to amend the Constitution
The 1987 Constitution of the Philippines established a representative democracy with power divided among three independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. The Constitution can be amended by a Constituent assembly (Con-Ass), Constitutional Convention (Con-Con), or People's Initiative, with all methods requiring ratification by majority vote in a national referendum.
The first attempt to amend the 1987 Constitution was in 1995, during the administration of President Fidel Ramos. The proposed changes included a shift to a senatorial system and the removal of term limits for public officials. However, this attempt faced opposition from various groups, including religious organizations, opposition politicians, and left-wing organizations, who argued that the changes would benefit the incumbent.
During the term of President Joseph Estrada, there was another attempt to change the 1987 Constitution through the CONCORD (Constitutional Correction for Development) proposal. This proposal aimed to amend only the restrictive economic provisions of the Constitution to attract more foreign investments. Once again, this attempt faced objections from opposition politicians, religious sects, and left-wing organizations based on arguments of national patrimony and self-serving interests.
Under President Benigno Aquino III, then-Speaker of the House, Feliciano Belmonte Jr., made an effort to introduce amendments focusing on economic liberalization. However, this initiative did not succeed. Subsequently, President Rodrigo Duterte oversaw the creation of the Consultative Committee to Review the 1987 Constitution, exploring the possibility of implementing federalism in the country.
In December 2023, legislators from the House of Representatives, led by Speaker Martin Romualdez, expressed their intention to renew efforts to change the 1987 charter through a People's Initiative. This latest attempt aims to regulate economic sectors that can be opened to foreign investors. Despite multiple attempts to amend the 1987 Constitution of the Philippines, none have succeeded thus far.
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Frequently asked questions
The 1987 Constitution of the Philippines was drafted by a Constitutional Commission of 48 members from a variety of backgrounds, appointed by President Corazon Aquino.
The commission included Bishop Teodoro Bacani, former Supreme Court chief justice Roberto Concepcion, former labour minister Blas Ople, and Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, who was appointed president of the commission.
The commission was tasked with drafting a new constitution to replace the provisional constitution, Proclamation No. 3, which had been issued by President Aquino following the 1986 People Power Revolution that overthrew the Marcos regime.
The 1987 Constitution was drafted in 133 days and ratified by the people in a plebiscite held on February 2, 1987.
Yes, there are three possible 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.
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