Constitutional Commission (1988)
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| Constitutional Commission (1988) | |
|---|---|
| Name | Constitutional Commission (1988) |
| Native name | Komisyon Konstitusyonal |
| Formation | 1986 |
| Dissolved | 1987 |
| Jurisdiction | Philippines |
| Headquarters | Manila |
| Leader title | Chair |
| Leader name | Cecilia Muñoz-Palma |
| Key people | José W. Diokno, Ambrosio Padilla, Christian Monsod |
Constitutional Commission (1988) The Constitutional Commission (1988) was the body tasked with drafting the 1987 Constitution of the Philippines following the 1986 People Power Revolution, the removal of Ferdinand Marcos, and the presidency of Corazon Aquino. Convened by President Corazon C. Aquino amid transitions involving the Batasang Pambansa, the United States, and domestic opposition groups, the Commission produced a constitution that re-established democratic institutions, curtailed presidential powers, and framed contemporary Philippine law. Its work intersected with actors such as the Supreme Court of the Philippines, the Commission on Human Rights (Philippines), and international observers including representatives from United Nations missions.
Background and Establishment
Following the overthrow of Ferdinand Marcos in the 1986 People Power Revolution and the installation of Corazon Aquino as president, the interim Provisional Government faced demands from organizations like the Kilusan ng mga Anak ng Bayan (KABAYAN) and the Lakas ng Bayan movement to restore constitutional rule. The 1973 Constitution of the Philippines had been promulgated during martial law and was associated with the New Society Movement and Batasang Pambansa. President Corazon Aquino issued proclamations and executive orders dissolving the Batasang Pambansa and calling for a constitutional commission; she appointed commissioners drawn from civil society, academia, and the legal profession, drawing figures linked to the Free Legal Assistance Group (FLAG), the Integrated Bar of the Philippines, and former legislators from the pre-martial law House of Representatives and Senate of the Philippines.
Membership and Composition
The Commission consisted of 48 commissioners appointed by President Corazon Aquino, chaired by former Associate Justice Cecilia Muñoz-Palma. Notable commissioners included human rights lawyer José W. Diokno, sportsman-lawyer Ambrosio Padilla, constitutionalist Christian Monsod, and activists associated with groups such as Bayan and the National Union of Students of the Philippines. Membership reflected a cross-section of credentials from the University of the Philippines, Ateneo de Manila University, and the San Beda College of Law, with commissioners who had served in entities like the Commission on Elections (Philippines) and the Office of the Ombudsman (Philippines). The composition balanced lawyers, former judges, legislators, activists, and private citizens, many of whom had links to exiled opposition networks in United States and Europe during the Marcos era.
Mandate and Drafting Process
Mandated by Presidential Proclamation and shaped by public calls for a return to constitutionalism, the Commission operated under time constraints to draft a charter that would be ratified by a national plebiscite. The drafting process involved committee deliberations on separation of powers, civil liberties, local autonomy, and social justice provisions influenced by organizations such as the Ateneo Human Rights Center and the Philippine Rural Reconstruction Movement. The Commission engaged experts from the International Commission of Jurists, former constitutional drafters of the 1935 Constitution of the Philippines, and comparative scholars familiar with the United States Constitution, the 1982 Spanish Constitution, and the 1978 Mexican Constitution. Drafting committees produced provisions on the Bill of Rights (Philippines), executive limitations, fiscal decentralization, and provisions affecting the Armed Forces of the Philippines and the Philippine National Police.
Key Provisions and Innovations
The 1987 Constitution reintroduced a strong Bill of Rights (Philippines), entrenched provisions on military and civilian relations after martial law, and created permanent institutions such as the Commission on Human Rights (Philippines), the Civil Service Commission, and the Commission on Audit. It limited presidential terms, restored the bicameral Congress of the Philippines comprising the Senate of the Philippines and the House of Representatives, and established an independent Judicial and Bar Council to insulate the Supreme Court of the Philippines and lower courts from political patronage. Land reform and social justice clauses reflected debates with organizations like the Peasant Movement of the Philippines and the National Democratic Front of the Philippines. Fiscal innovations included the imposition of limits on foreign land ownership influenced by nationalist groups and provisions on autonomous regions, notably contemplating structures relevant to the Cordillera Administrative Region and the Muslim Mindanao peace process involving the Moro National Liberation Front.
Public Consultation and Controversies
The Commission solicited submissions from labor unions such as the Kilusang Mayo Uno, religious institutions like the Catholic Bishops' Conference of the Philippines, and civic groups including the Integrated Bar of the Philippines and the Federation of Free Farmers. Public hearings occurred amid controversies over amnesty provisions for Marcos-era officials, the scope of economic provisions affecting Foreign Investors and transnational corporations, and the role of the Catholic Church in moral and social policy. Debates over the inclusion of anti-dynasty clauses, the structure of local government codified by the Local Government Code of 1991 advocates, and the strength of agrarian reform generated disputes involving former presidents, opposition leaders, and international legal commentators from institutions like the International Monetary Fund and the World Bank.
Adoption and Implementation
The draft constitution was submitted to a national plebiscite and ratified by Filipino voters in 1987, replacing the 1973 charter and paving the way for congressional elections and the restoration of constitutional institutions. Implementation required the enactment of enabling legislation by the restored Congress of the Philippines, appointments by President Corazon Aquino to bodies such as the Commission on Elections (Philippines), and judicial affirmation by the Supreme Court of the Philippines of constitutional principles. Subsequent policy actions, including executive orders and legislative measures, operationalized provisions on human rights, electoral reform, and decentralization.
Legacy and Impact on Philippine Governance
The Commission’s output reshaped post-1986 Philippine political development by institutionalizing safeguards against authoritarianism and establishing mechanisms for accountability, influencing later administrations such as those of Fidel V. Ramos, Joseph Estrada, Gloria Macapagal Arroyo, and Rodrigo Duterte. Its legacy includes debates over constitutional amendments, the role of impeachment proceedings in Philippine politics, and continuing disputes involving judicial review and constitutional interpretation by the Supreme Court of the Philippines. The 1987 Constitution remains central to movements for federalism, human rights advocacy, and electoral reform championed by civil society organizations such as Bayan Muna and policy think tanks at the Ateneo de Manila University and the University of the Philippines.