Constitution of 1987

Constitution of 1987. The Philippines adopted the Constitution of 1987 as its fundamental law, replacing the 1973 Constitution that was in effect during the regime of Ferdinand Marcos. This constitution was drafted by the 1986 Constitutional Commission, composed of Cecilia Muñoz-Palma, Jose Bengzon, Teodoro R. Regala, and other notable figures such as Fidel Ramos, Jovito Salonga, and Lorenzo Tañada. The constitution is based on the principles of Liberal democracy, Social justice, and Human rights, as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Introduction

The Constitution of 1987 is the supreme law of the Philippines, outlining the framework of the government and the relationship between the State and its citizens. It is inspired by the United States Constitution, the French Constitution, and other democratic constitutions such as the German Constitution and the Italian Constitution. The constitution establishes the Philippines as a sovereign and unitary state, with a presidential system of government, as seen in countries like the United States, France, and South Korea. The Supreme Court is the highest court in the land, with the power of judicial review, similar to the Supreme Court of the United States and the Federal Constitutional Court of Germany.

History

The Constitution of 1987 was drafted in response to the People Power Revolution of 1986, which overthrew the authoritarian regime of Ferdinand Marcos and led to the establishment of a new democratic government under Corazon Aquino. The 1986 Constitutional Commission was established by Proclamation No. 3, which was issued by Corazon Aquino on March 25, 1986. The commission was composed of Fifty members, including Cecilia Muñoz-Palma, Jose Bengzon, and Teodoro R. Regala, who were tasked with drafting a new constitution that would reflect the principles of Democracy, Human rights, and Social justice, as embodied in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The draft constitution was completed on October 15, 1986, and was submitted to Corazon Aquino for approval, who in turn issued Proclamation No. 58 on October 22, 1986, scheduling a national plebiscite to ratify the new constitution.

Provisions

The Constitution of 1987 is divided into Eighteen articles, including the Preamble, which sets out the principles and objectives of the constitution, similar to the Preamble to the United States Constitution. The constitution establishes the separation of powers between the executive, legislative, and judicial branches of government, as seen in countries like the United States, France, and Germany. It also provides for the protection of Human rights, including the right to Life, Liberty, and security of person, as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The constitution also establishes the Bill of Rights, which guarantees the fundamental rights and freedoms of citizens, including Freedom of speech, Freedom of the press, and Freedom of assembly, similar to the United States Bill of Rights and the European Convention on Human Rights.

Ratification

The Constitution of 1987 was ratified on February 2, 1987, through a national plebiscite, in which over 76 percent of voters approved the new constitution, with a turnout of over 90 percent of registered voters, as reported by the Commission on Elections. The plebiscite was monitored by international observers, including the USAID and the NDI, who praised the conduct of the plebiscite as free and fair. The ratification of the constitution marked a significant milestone in the country's transition to democracy, as recognized by the United Nations, the European Union, and other international organizations.

Amendments

The Constitution of 1987 has undergone several amendments since its ratification, including the 1992 Local Government Code, which devolved power to local governments, and the 2004 Party-List System Act, which established a party-list system for the House of Representatives of the Philippines. There have been several attempts to amend the constitution, including the Charter Change initiative, which aimed to shift the country from a presidential to a parliamentary system of government, similar to the Constitution of France and the Constitution of Germany. However, these attempts have been met with opposition from various groups, including the Catholic Church and the Makabayan coalition, who have raised concerns about the potential impact on the country's democratic institutions and the protection of human rights.

Impact

The Constitution of 1987 has had a significant impact on the Philippines, establishing a democratic government and protecting the rights and freedoms of citizens, as recognized by the United Nations, the European Union, and other international organizations. The constitution has also promoted Economic development, Social justice, and Human rights, as embodied in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The constitution has been cited as a model for other countries, including Indonesia, Malaysia, and Thailand, who have sought to establish democratic governments and protect human rights, with the support of international organizations such as the UNDP and the ADB. The Constitution of 1987 remains a vital document in the country's ongoing struggle for democracy, justice, and human rights, as recognized by the ICJ and the HRW. Category:Constitutions