Philippine Constitutional Commission

Philippine Constitutional Commission
Name	Philippine Constitutional Commission
Formation	1986
Dissolution	1987
Purpose	Drafting a new constitution for the Philippines
Headquarters	Manila
Region served	Philippines
Membership	48 commissioners
Leader title	Chairman
Leader name	César Bengzon

Philippine Constitutional Commission

The Philippine Constitutional Commission of 1986 was an appointed body convened after the People Power Revolution to draft a new charter replacing the 1973 Constitution. It operated amid the administrations of Corazon Aquino and transitional institutions such as the Presidential Commission on Good Government and the Revolutionary Government, engaging prominent figures from the Senate of the Philippines, the House of Representatives of the Philippines, and the Supreme Court of the Philippines.

Background and Formation

The Commission was created following the ouster of Ferdinand Marcos and the installation of Corazon Aquino during the EDSA Revolution; its formation was influenced by events like the Assassination of Benigno Aquino Jr. and the subsequent mass mobilizations at Epifanio de los Santos Avenue. Aquino issued Proclamation No. 3, dissolving the Batasang Pambansa and establishing a provisional Executive Order framework while empowering a drafting body that drew from traditions in constitutionalism exemplified by the Malolos Congress and the 1935 constitutional process. International attention from entities such as the United States and the United Nations framed the Commission’s formation alongside domestic actors including the Civic Action Groups and People Power movement leaders.

Composition and Membership

The body consisted of 48 appointed commissioners drawn from a wide array of institutions: former senators from the Senate of the Philippines, retired justices from the Supreme Court of the Philippines, activists from Bayan, academics from the University of the Philippines, clergy associated with the Catholic Church in the Philippines, and civic leaders from organizations like the Kilusang Mayo Uno and the National Union of Students of the Philippines. Notable commissioners included members with ties to the Liberal Party (Philippines), the United Nationalist Democratic Organization, and independents who had opposed Martial Law in the Philippines. The roster reflected regional representation encompassing delegations from Luzon, Visayas, and Mindanao, and included personalities linked with institutions such as Ateneo de Manila University and De La Salle University.

Mandate and Powers

Mandated by Proclamation No. 3 and subsequent transitional instruments, the Commission was empowered to promulgate a constitution to be ratified by plebiscite; its remit intersected with the functions of the Office of the President of the Philippines and the Commission on Elections (Philippines). The Commission debated executive-legislative relations with reference to models including the 1935 constitution’s presidentialism and comparative frameworks like the United States Constitution and the French Constitution of the Fifth Republic. It addressed institutional reform questions touching entities such as the Armed Forces of the Philippines, the Philippine National Police, and quasi-judicial bodies including the Commission on Audit and the Civil Service Commission.

Deliberations and Drafting Process

Deliberations took place in sessions publicized through outlets like the Philippine Daily Inquirer and The Manila Times, and were influenced by demonstrations at venues including Rizal Park. Commissioners formed committees mirroring topics such as the Bill of Rights (Philippines), the structure of the Congress of the Philippines, and provisions on administrative law involving the Ombudsman (Philippines), formerly the Sandiganbayan’s interlocutors. Drafting techniques referenced previous charters from the Commonwealth of the Philippines era, the Jones Law period, and comparative texts like the Japanese Constitution and the Indian Constitution. Debates ranged over issues involving land reform models like those enacted under the Comprehensive Agrarian Reform Program, decentralization tied to the Local Government Code of the Philippines, and autonomy proposals for Moro National Liberation Front constituencies in Mindanao.

Final Document and Adoption

The Commission produced a draft that incorporated a strengthened Bill of Rights (Philippines), provisions establishing a bicameral Congress of the Philippines with a Senate of the Philippines and a House of Representatives of the Philippines, and institutional mechanisms such as the Constitutional Commission-style Ombudsman (Philippines). The draft called for a national plebiscite supervised by the Commission on Elections (Philippines); the resulting 1987 plebiscite led to ratification and promulgation of the constitution under President Corazon Aquino. Key provisions affected relationships with bodies like the Supreme Court of the Philippines, the Office of the Ombudsman, and the Commission on Audit, and referenced legal principles found in landmark cases from the Supreme Court of the Philippines and decisions influenced by precedents from the International Court of Justice.

Impact and Legacy

The Commission’s constitution reshaped post-Marcos institutions, influencing subsequent legislation such as the Local Government Code of the Philippines and reforms to the Armed Forces of the Philippines. Its legacy is evident in political contests involving parties like the Liberal Party (Philippines) and the Nationalist People's Coalition, and in civil society campaigns by organizations including Bayan Muna and Akbayan that mobilized around constitutional grants of social justice and human rights echoed in rulings of the Supreme Court of the Philippines. The charter also affected peace processes with groups like the Moro Islamic Liberation Front and the Cordillera People's Liberation Army, and continues to inform debates over amendments pursued in venues such as the House of Representatives of the Philippines and commissions formed under later administrations.

Category:1986 establishments in the Philippines Category:Constitutional law of the Philippines