1986 Constitutional Commission

1986 Constitutional Commission was an appointed body tasked with drafting a new national charter following the removal of an incumbent chief executive, responding to a revolution and transitional authority, and proposing institutional reforms, civil liberties guarantees, and decentralization measures. The commission operated amid intense political mobilization involving presidential predecessors, opposition coalitions, exile organizations, labor federations, and international observers. Its deliberations produced a draft constitution that influenced subsequent national legislation, electoral frameworks, and administrative restructuring.

Background and Formation

The commission was formed after the ouster of Ferdinand Marcos and the establishment of the Presidential Commission on Good Government, during a period marked by the influence of the People Power Revolution, the interim administration of Corazon Aquino, and the activities of the United States Embassy in Manila. Calls for constitutional reform drew input from factions aligned with the Lakas ng Bayan Party, the United Nationalist Democratic Organization, and exile groups linked to the United States House of Representatives oversight of human rights and foreign policy. Prominent civil society organizations such as the Task Force Detainees of the Philippines, the Free Legal Assistance Group, and labor affiliates like the Kilusan ng mga Manggagawang Pilipino pressed for provisions protecting human rights consistent with instruments like the Universal Declaration of Human Rights and treaties monitored by the United Nations Human Rights Committee. International legal scholars from institutions including Harvard Law School, Yale Law School, and the University of the Philippines Diliman were consulted, while regional actors such as the Association of Southeast Asian Nations and envoys from the European Economic Community observed the transition.

Membership and Organization

Commission membership combined appointees drawn from political parties such as the Liberal Party (Philippines), civic leaders from the National Citizens' Movement for Free Elections, clergy associated with the Catholic Bishops' Conference of the Philippines, academics from the Ateneo de Manila University and the University of Santo Tomas, and jurists formerly of the Supreme Court of the Philippines. Notable figures included attorneys linked to the Integrated Bar of the Philippines and activists from the Bagong Alyansang Makabayan and Bayan Muna. The commission established committees modeled on comparative bodies like the Constituent Assembly of India and the Constitutional Convention (United States), with procedural rules influenced by parliamentary precedents from the House of Commons of the United Kingdom and the United States Senate. Administrative support came from the Commission on Elections (Philippines), scholarly input from the Philippine Center for Investigative Journalism, and logistical coordination with the Armed Forces of the Philippines for security during public hearings.

Drafting Process and Key Provisions

The drafting process included public consultations, plenary debates, and redrafting sessions that echoed comparative constitutionalism exemplified by the 1982 Spanish Constitution and the 1947 Japanese Constitution. Key provisions addressed separation of powers among the Presidency of the Philippines, the Senate of the Philippines, and the House of Representatives of the Philippines, introduced mechanisms for impeachment reflective of processes under the United States Constitution, and proposed limits on executive tenure drawing on norms from the French Fifth Republic and the Weimar Republic critiques. The draft incorporated bills of rights protections referencing cases from the Supreme Court of the United States and jurisprudence from the International Court of Justice, guaranteed socio-economic rights influenced by precedents from the South African Constitution, and envisaged autonomous arrangements for regions such as Moro National Liberation Front territories and Cordillera Administrative Region provinces inspired by autonomy models in the United Kingdom and Spain. Provisions also proposed reforms for the Commission on Audit (Philippines), the Civil Service Commission (Philippines), and electoral reforms affecting the Party-list system (Philippines).

Political Context and Controversies

The commission’s work unfolded against political tensions involving supporters of the deposed regime associated with Imelda Marcos, loyalists in the Kilusang Bagong Lipunan, and opposition coalitions organized under banners like the United Nationalist Democratic Organization. Controversies erupted over provisions limiting land ownership influenced by disputes involving Hacienda Luisita, over amnesty clauses reminiscent of debates during the Reagan administration on political prisoners, and over the role of the Catholic Church in the Philippines in public life similar to historical interactions with the Spanish colonial administration. Critics from groups such as Samahang Demokratiko ng Kabataan and labor unions accused commissioners of elite bargaining seen in past constitutional processes like the 1971 Philippine Constitutional Convention. International actors including delegations from the United States Department of State, the Australian Department of Foreign Affairs and Trade, and human rights NGOs such as Amnesty International monitored allegations of coercion and media bias involving outlets like ABS-CBN Corporation and Philippine Daily Inquirer.

Adoption, Ratification, and Implementation

Following plenary approval, the draft proceeded to a national referendum process overseen by the Commission on Elections (Philippines), with public information campaigns coordinated with civic groups including the National Movement for Free Elections and the Cebu Doctors' University legal clinics. Ratification invoked mechanisms comparable to those used in the 1987 Constitution of the Philippines process, drawing attention from international legal bodies such as the International Commission of Jurists and financial institutions like the World Bank and the International Monetary Fund due to anticipated policy shifts. Implementation required alignment with statutes from the Philippine Congress and coordination with administrative bodies including the Department of Justice (Philippines), the Department of Interior and Local Government, and regional offices of the National Economic and Development Authority (Philippines). The finished charter reshaped national institutions, influenced electoral outcomes at the 1987 Philippine legislative election, and affected subsequent jurisprudence in the Supreme Court of the Philippines.

Category:Philippine constitutional law