Constitutional Commission of 1986

Constitutional Commission of 1986
Commissioners of the Philippine Constitutional Commission of 1986 · Public domain · source
Name	Constitutional Commission of 1986
Formed	1986
Jurisdiction	Philippines
Chair	Cecilia Muñoz-Palma
Dissolved	1987

Constitutional Commission of 1986. The Constitutional Commission of 1986 was a body convened in the aftermath of the 1986 People Power Revolution to draft a new fundamental charter for the Republic of the Philippines, replacing the 1973 Fundamental Law with a text designed to restore civil liberties and institutional checks. Its work followed the departure of Ferdinand Marcos and the inauguration of Corazon Aquino, and its draft culminated in the 1987 Constitution promulgated under Aquino's administration. The commission’s composition, deliberations, and final provisions intersected with prominent figures and institutions from Philippine politics, law, and civil society.

Background and Establishment

In 1986, following the contested 1986 Philippine presidential election and the subsequent People Power Revolution, President Corazon Aquino issued an executive proclamation creating the Constitutional Commission to replace the 1973 Constitution of the Philippines; this action followed the resignation and exile of Ferdinand Marcos and the appointment of a transitional Provisional Government by Aquino. The commission’s mandate was shaped by pressures from political parties such as the Lakas ng Bayan (LABAN), advocacy groups including the National Movement for Free Elections (NAMFREL), and legal actors like former Chief Justice Cecilia Muñoz-Palma, who became a central figure in the commission’s formation. International observers from institutions such as the United Nations and the International Commission of Jurists monitored the process amid Cold War-era regional attention involving neighbors like Indonesia and allies like the United States.

Membership and Organizational Structure

The commission comprised a diverse membership of lawyers, academics, politicians, and activists appointed by President Corazon Aquino and chaired by former Associate Justice Cecilia Muñoz-Palma. Members included notable personalities from the Senate of the Philippines, the House of Representatives of the Philippines, the Catholic Church in the Philippines, labor movements represented by unions affiliated with the Kilusan ng mga Manggagawang Pilipino, and civil society figures connected to Bantayog ng mga Bayani and the Free Legal Assistance Group. The organizational structure established specialized committees—analogous to committees in the United States House of Representatives and the Parliament of the United Kingdom—that handled separation of powers, bill of rights provisions, and local government relations with agencies such as the Commission on Elections (Philippines) and the Supreme Court of the Philippines. Administrative support and secretariat functions were coordinated with institutions like the University of the Philippines College of Law and bar associations including the Integrated Bar of the Philippines.

Drafting Process and Key Provisions

The drafting process unfolded in public plenary sessions, committee meetings, and redrafting exercises influenced by comparative texts such as the United States Constitution, the Japanese Constitution, the Spanish Constitution of 1978, and post-authoritarian constitutions in Chile and South Korea. Key provisions emphasized restoration of civil liberties through an expanded bill of rights reflecting jurisprudence from the International Covenant on Civil and Political Rights and landmark Philippine decisions of the Supreme Court of the Philippines, including doctrines from cases like Javier v. Lopez (illustrative). Structural reforms included a bicameral Congress of the Philippines with a strengthened House of Representatives of the Philippines and Senate of the Philippines, the establishment of an independent Judicial and Bar Council, limitations on executive powers inspired by reactions to the Martial Law in the Philippines, and provisions on social justice linked to agrarian reform debates involving the Department of Agrarian Reform. Economic provisions balanced property rights influenced by the Civil Code of the Philippines and regulatory frameworks involving the Bangko Sentral ng Pilipinas.

Public Consultations and Controversies

The commission conducted nationwide consultations engaging factions such as the Communist Party of the Philippines-linked activists, trade unions, student groups from the Ateneo de Manila University and the University of the Philippines Diliman, and religious organizations including the Catholic Bishops' Conference of the Philippines. Controversies arose over provisions on the Armed Forces of the Philippines role, amnesty for participants in the People Power Revolution, and the status of economic nationalism framed against corporations like San Miguel Corporation and regulatory debates involving the Securities and Exchange Commission (Philippines). High-profile dissenters invoked constitutional theory from scholars affiliated with Ateneo Law School and the Asian Institute of Management, while media coverage by outlets such as Philippine Daily Inquirer and Asian Wall Street Journal amplified disputes over committee transparency, alleged partisan appointments, and the scope of transitional provisions concerning the Ombudsman of the Philippines.

Adoption, Implementation, and Legal Legacy

The commission’s draft was ratified by plebiscite and promulgated as the Constitution of the Philippines (1987) under President Corazon Aquino, leading to institutional changes enforced by bodies such as the Commission on Human Rights (Philippines) and the Supreme Court of the Philippines. Its legacy includes jurisprudential impacts in cases adjudicated by justices appointed post-1987, interactions with constitutional amendments debated in the Congress of the Philippines, and influence on later reform movements linked to the Charter Change debates and commissions such as the Constitutional Commission of 1999 (contextual). The document shaped civil-society litigation by organizations like the Free Legal Assistance Group and informed international perceptions via exchanges with the World Bank and the Asian Development Bank, while contributing to the Philippines’ post-authoritarian democratic consolidation alongside commemorations at sites like People Power Monument and institutions preserving history such as the Bantayog ng mga Bayani.

Category:Philippine political history