Constitution of the Philippines
The constitution of the Philippines ( Filipino : Saligang Batas ng Pilipinas ) is the highest legal principle of the Southeast Asian island state.
Various constitutions have been proclaimed in the Philippines since independence was first proclaimed in 1898 . The currently valid constitution was formulated and put into effect in 1987 at the beginning of President Corazon Aquino's term of office and is therefore better known in the country as the "1987 Constitution" (1987 constitution).
Background to the 1987 constitution
In 1986 the EDSA revolution led to the dismissal of Ferdinand Marcos and resulted in Corazon Aquino , the widow of the former opposition leader Benigno Aquino , being introduced to the presidency. Shortly afterwards, the new president issued Proclamation No. 3, in which she declared a national guideline that provided for the introduction of reforms under the mandate of the people. In addition, this proclamation proclaimed the safeguarding of fundamental rights and announced the adoption of a transitional constitution, which should represent a proper change to a government under a constitution to be reformulated.
In relation to this announcement, President Aquino later issued Proclamation No. 9, which announced the formation of a constitutional commission. The task of this commission was to work out the framework for a new constitution, which was supposed to replace the constitution of 1973, which was valid until then and which was introduced by its predecessor under the rule of martial law. President Aquino named a total of 50 people of various origins as members of this commission. These included former senators and congressmen, the former Chief Justice of the Supreme Court Roberto Concepcion, the Roman Catholic Bishop Teodoro Bacani and the noted film director Lino Brocka . On the other hand, the new president also dismissed five former members of the government, including the former Minister for Labor Blas Ople , who had loyally stood by President Marcos until the end. After the commission was named, Cecilia Munoz Palma was elected chairman of the board. She had established herself as a leader in the Anti-Marcos opposition after she was the first female associate judge to step down from the Supreme Court of the Philippines.
The Commission managed to complete the draft document within four months of its meeting. Various points of contention were heatedly debated during this period, including questions about the form of government to be adopted, the abolition of the death penalty , the continuation of the American military bases at Clark Air Base and Subic Bay , as well as the inclusion of economic strategies in the future constitution. Brocka left the commission before the completion of its task, while two other delegates objected to the final form of the draft. In a referendum held on February 2, 1987 , however, the majority of voters accepted the constitution in its final form.
The preamble to the 1987 constitution
In the original Filipino preamble or panimula it says :
- "Kami, ang nakapangyayaring sambayanang Pilipino, na humihingi ng tulong sa Makapangyarihang Diyos, upang bumuo ng isang makatarungan at makataong lipunan at magtatag ng isang Pamahalaan na kakatawan sa aming mga nga mithiin at manga ka hangar, magtawataguyi at aming kamanahan, at titiyak para saming sarili at angkanang susunod ng mga biyaya ng kalayaan at demokrasya sa ilalim ng pananaig ng batas at ng pamamahalang puspos ng katotohanan, katarungan, kalayaan, pag-ibig, kalagyan, nagalay-naglag-pantag-nagan, nag-pantag-nagan, pagkahan-at-a-pantag-n-pantag-n-a-pantay-n-a-galay Konstitusyong ito. "
The preamble in English :
- "We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. "
The preamble in German :
- “We, the sovereign people of the Philippines, plead for the assistance of the Almighty Lord in building a just and humane society and in establishing a government that embodies our ideals and aspirations, promotes communal values, preserves and develops our paternal inheritance as well as securing us and our posterity the blessing of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, this should be determined and proclaimed by this constitution. "
Significant features of the 1987 constitution
The constitution establishes the Philippines as a “ democratic and republican state” in which “sovereignty rests within the people and all governmental power emanates from them” (Section 1, Article II). In accordance with the doctrine of separation of powers , government power is divided into three arms - the executive , presided over by the President of the Philippines , the legislative represented by the Philippine Congress , and the judiciary , of which the Supreme Court is the highest Represents the authority of justice. The president and members of Congress are directly elected by the people. The members of the Supreme Court, on the other hand, are appointed by the President from a list previously compiled by an assembly of judges and lawyers, the Judicial and Bar Council . Like the American system of government, laws are passed by Congress, with the President having a veto , which in turn can be overruled by a 2/3 majority in Congress (Section 27 (1), Article VI). The President has a constitutional duty to ensure the conscientious execution of laws (paragraph 17, Article VII). The court, on the other hand, is guaranteed the express power of judicial review law (Section 1, Article VIII), which includes the power of attorney to interpret laws independently and, if necessary, to declare them invalid. The supreme command over the armed forces is again allowed the president. (Section 18, Article VII).
The constitution grants the local government units limited political autonomy, which is exercised overridingly by the representative organs of the provinces and finally by the subdivided city councils , the municipal councils and finally the representations of the Barangays (Section 1, Article X). The municipal councils are generally considered to be the responsibility of the executive arm, although local legislation requires that it be put into effect by local bodies duly elected for the purpose of legislation. (Section 3, Article X). The Constitution continues to empower Congress to legislate on the Local Government Codes. On the basis of this authority, Congress is preparing Republic Act No. 7160, which contains the Local Government Code of 1991 and which came into effect on January 1, 1992.
As noted by the Supreme Court, the Bill of Rights is given a priority position in the Basic Law. These fundamental rights , entered in Article III, list, among other things, the specific security features that were added to protect against the abuse of state power. Many of these safeguards are similar to those enshrined in the United States Constitution and other democratic constitutions, including legal certainty and the equal treatment clause , the right to search and seize , the right to freedom of speech and religion , the right to defend against self-accusation, and of the right to habeas corpus . The scope and limits of these rights are largely determined by the decisions of the Supreme Court of the Philippines.
In addition to the Bill of Rights, the constitution contains various other clauses in which different state rights are listed, such as B. the affirmation of labor as “a primary socio-economic force” (Section 14, Article XV), the equal protection of “the life of the mother and the unborn life” (Section 12, Article II), the affirmation of the “Filipino family as a foundation of the Nation ” (Section 1, Article XV), the recognition of the Filipino language as the “ National Language of the entire Philippines ” (Section 6, Article XIV) and the requirement that “ all educational institutions collaborate with the practice of regular sporting activities throughout the country oblige athletic clubs and other departments ” (Section 19.1, Article XIV). Whether these provisions arise from enforceable rights without being subject to accompanying legislation has been the subject of an extensive debate in the working environment of the legislative institutions and within the Supreme Court. The problem that arises from this becomes clear using a specific example: the court has to judge a provision which requires that the state "guarantees uniform access to the possibilities of public services" . However, this cannot be enforced without accompanying legislation, which in turn does not limit the rejection of so-called “undesirable candidates” in presidential elections.
In another case, however, the court sticks to its decision that another clause, which requires the state to “protect and continue the people's right to a balanced and healthy ecology” , is not to be expected to be incorporated into a law and thus to make it the basis of an effective law.
Earlier constitutions
Constitution of Biak-na-Bato
The constitution of Biak-na-Bato was created in the context of the Philippine Revolution 1896-98 and the establishment of the Republic of Biak-na-Bato in 1897. It is entitled Constitución Provisional de la República de Filipinas and was written in Spanish. It is of a provisional nature and consists of 34 articles. It was developed by Felix Ferrer and Isabelo Artacho and is based on the Cuban constitution. The constitution was passed on November 1st, 1897 and came into force on November 15th. It lost its validity with the dissolution of the Republic of Biak-na-Bato on December 15, 1897.
Malolo's constitution
The first constitution is officially called "Constitución política de Malolos" and was written in Spanish . After the revolutionary government declared independence from Spanish colonial rule , a congress was held in Malolos , Bulacan , in the Cathedral of Malolos in 1899 to draw up a separate constitution for the First Philippine Republic . It was the first republican constitution in Asia and is believed to be the authoritative author of the constitution, Felipe G. Calderon . The document gave the people sole sovereignty and contained basic civil rights, declared the separation of church and state and called for the formation of an assembly of representatives to represent the legislative power. It also called for a presidential form of government in which a president should head the state, elected by the people for a four-year term. This so-called “Malolos constitution” established the Spanish language as the national language of the Philippines.
The preamble reads in Spanish :
- “Nosotros los Representantes del Pueblo Filipino, convocados legítimamente para establecer la justicia, proveer a la defensa común, promover el bien general y asegurar los beneficios de la libertad, implorando el auxilió del Soberano Legislador del Universo para alcanzar estos fines, hemos y sancionado la siguiente "
In German :
- “We, the representatives of the Filipino people, who lawfully came together here to advocate justice, provide common safeguards, promote general social security, and secure the benefits of freedom, plead for the assistance of the Almighty Lord of the Universe Recognition of that degree that is chosen, disposes and approves the following "
Commonwealth and Third Republic (1935)
It was only 36 years later that the Philippines was granted official autonomy, which called for a new constitution. This constitution of 1935 , which was drawn up in 1934 , was recognized by the Commonwealth of the Philippines (1935–1946) and then adopted by the Third Republic of the Philippines (1946–1972). For a long time the Americans had held on to their "claim to possession" of the Philippines, which they justified on the grounds that the island state was politically immature and consequently not ready for complete and real independence. When drafting the constitution, care was taken to ensure that it was recognized by the United States government, as was the guarantee of the US promise to guarantee the independence of the Philippines for a foreseeable period of ten years.
In the preamble it said:
- “The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution. "
In German :
- “The Filipino people plead for the assistance of the Almighty Lord in establishing a government that embodies their ideals, preserves and perpetuates the paternal legacy of the nation, promotes universal social security, and gives themselves and their descendants the blessing of independence under the rule of justice and ensures democracy, is determined and proclaimed by this constitution. "
The original 1935 constitution provided for a unicameral congress. In 1940 a constitutional amendment was passed to introduce a bicameral congress , the Commonwealth Congress , which was composed of a Senate and a House of Representatives . This change also made it possible to appoint an independent electoral commission. The constitution limited the presidential term of office to four years and limited the number of terms of office to a maximum of two.
In 1971 a constituent assembly was convened to reformulate the 1935 constitution. However, the gathering was clearly riddled with bribery and corruption. Probably the most controversial innovation was the elimination of the limitation on the terms of office of the president, which made it possible for Ferdinand E. Marcos to seek a third legislature. For many, this was the real reason that this meeting was called. In any case, the constitution of 1935 was ultimately repealed with the declaration of a state of emergency in 1972, with the ongoing corruption within the Marcos constitutional process being a main reason for this action.
Second Republic (1943)
The validity of the 1935 version was interrupted by the Second World War and the occupation of the Philippines by the Japanese, who set up an independent government on the archipelago, which should primarily represent Japanese interests. This reign, now known as the “Second Republic” , should also be underpinned by a new constitution.
This 1943 constitution was drawn up by a committee appointed by the Philippine Executive Commission. This executive committee was convened by the Japanese immediately after they came to power to administer the Philippines in place of the Commonwealth previously set up by the Americans , whose government in charge worked from exile . In mid-1942 the Japanese Prime Minister Tōjō Hideki promised the Filipino people to grant them the "honor of independence", which meant that the commission should be replaced by a formal republic.
The “Preparatory Committee for Philippine Independence” was commissioned to draft a new constitution. This committee consisted largely of members of the pre-war National Assembly as well as various individuals who had experience as delegates to the constituent assembly which was then drafting the 1935 constitution. From the outset, their draft of a republic under Japanese occupation was designed for a limited duration, stipulated indirect instead of the usual direct elections to the legislature, and relied on a stricter executive power.
After the draft was approved by the committee, the charter was ratified in 1943 by a society of appointed provincial representatives, the Kalibapi, a unity party established by the Japanese to replace all previous political parties. After ratification by the “Kalibapi” assembly, the Second Republic (1943–1945) was formally proclaimed. José P. Laurel was appointed President by the National Assembly and took office in October 1943. Laurel was highly respected by the Japanese because on the one hand he had openly criticized the USA because of the way they treated the Philippines and on the other hand he had a degree from Tokyo International University.
As mentioned earlier, the 1943 Constitution brought with it a strict executive. The legislative power consisted of a national assembly with a unicameral system , to which only persons who professed an anti-American position stood for election, although in practice most MPs were determined rather than elected.
The 1943 constitution was valid in all Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States , the Commonwealth of the Philippines, or its sympathetic guerrilla organizations. In late 1944, President Laurel declared war on the United States and the British Empire, essentially by order, and declared a state of emergency on the country. In December 1944, his government decided to voluntarily leave the country first for Taiwan and later to go into exile in Japan . After the announcement of the Japanese surrender, Laurel formally declared the Second Republic as dissolved.
Until the 1960s, the Second Republic and its representatives were neither viewed as legitimate, nor were they granted their positions. The exception is the Supreme Court , whose decisions, amid criticism of some criminal and commercial cases that were part of a policy of secrecy by Chief Justice Jose Yulo, have been preserved in the official registers. (This made it easier for the Commonwealth to take over this institution, which had never established a Supreme Court of its own and which had left a formal void in the position of Chief Justice after the Japanese execution of Jose Abad Santos.) Only during the tenure of Diosdado Macapagal underwent a partial political rehabilitation of this political era, which also included the recognition of Laurel as former president and the attribution of his cabinet and other responsible persons on the list of previous governments. Even so, the Constitution is not part of the curriculum from 1943 to the present day, nor are the laws of the National Assembly officially considered valid or in any way relevant between 1943 and 1946.
In the preamble it said:
- "The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their independence, and in order to establish a government that shall promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the creation of a world order based on peace, liberty, and moral justice, do ordain this constitution. "
In German :
- "The Filipino people, pleading for the assistance of the Almighty Lord and wishing to lead a free national existence, hereby declare their independence in order to establish a government that supports universal social security, preserves and develops and contributes to the paternal heritage of the nation To build a world order based on peace, freedom and moral justice, it should be determined by this constitution. "
The New Society ("Bagong Lipunan") and the Fourth Republic (1973)
In 1973, Marcos declared a state of emergency. The Bagong Lipunan ("New Society") formed by him had established itself as the strongest political force . In the same year he set up a government with a parliamentary state order. Legislative power was delegated to a national assembly, the members of which were elected for a six-year term. The President was elected by the members of the National Assembly as symbolic head of state for six years and could stand for re-election for an indefinite number of terms. After his election, membership in the National Assembly ended for the President. During his tenure, the president was not allowed to belong to any political party or hold any other office. Executive power was exercised by the Prime Minister, who was also elected by the members of the National Assembly. The Prime Minister was the chairman of the government and the commander in chief of the armed forces.
This constitution was subsequently amended and revised three times. The first amendment to the 1973 constitution took place in 1976 and was intended to enable the designated President to assume the position of Prime Minister and also to transfer legislation to his area of responsibility. This allowed Marcos to expand his position of power. Further revisions were introduced in 1981 and reintroduced a parliamentary form of government according to which the president should again be elected by direct popular vote. In reality, however, this post-production had little effect on the ongoing Marcos dictatorship. In any case, Marcos had, at least in name, dissolved the state of emergency from this point in time and pushed through (highly questionable) elections which, unsurprisingly, he “won”. Presidential Proclamation No. 3, nicknamed the 1986 Constitution of Freedom , was the most heavily revised version of the 1973 constitution, which could even be viewed as a separate constitution. Many changes were introduced that removed and abolished certain clauses of the 1973 constitution. It granted the president certain rights to remove officials from office, reshuffle the government and enable him to convene a new constitutional assembly to draft a new constitution.
In 1986 the EDSA People Power Revolution took place, in the course of which Marcos resigned from the presidency, left the Philippines and went into exile in Hawaii . With the inauguration of Corazon Aquino , a provisional constitution was set up, which already prepared the new, current constitution of 1987 and ended the era of the Fourth Republic in the Philippines.
credentials
- ↑ The 1987 Constitution of the Republic of the Philippines . October 15, 1986 . Archived from the original on March 5, 2008. Retrieved June 9, 2007.
- ^ The 1986 Provisional "Freedom Constitution of the Republic of the Philippines" . March 25, 1986 . Retrieved January 20, 2011.
- ↑ Local Government Code of 1991 . January 1 , 1992 . Retrieved January 20, 2011.
- ↑ People vs. Tatud (GR No. 144037) . Supreme Court of the Philippines. September 26, 2003 . Archived from the original on January 4, 2005. Retrieved June 9, 2007.
- ↑ Pamatong vs. Comelec (GR No. 161872) . Supreme Court of the Philippines. April 13, 2004 . Archived from the original on July 16, 2005. Retrieved June 9, 2007.
- ↑ Oposa et al. v. Fulgencio (GR No. 101083) . Supreme Court of the Philippines (offered by Lawphil.net). July 30, 1993 . Retrieved January 20, 2011.
- ↑ The Constitution of Biak na Bato, in English, Spanish and Tagalog
- ^ Republic of Biak na Bato on Philippine History
bibliography
- Isagani Cruz: The Nature of the Constitution . In: Constitutional Law . Central Lawbook Publishing Co., Inc., Philippines 1995, ISBN 971-16-0333-0 , pp. 18-20.