Friday, January 20, 2012

Constitution of the Republic of the Philippines

(Source: http://en.wikipilipinas.org/index.php?title=Constitution_of_the_Philippines)

The 1987 Constitution of the Republic of the Philippines is the fundamental law establishing, defining and governing the Fourth Philippine Republic and its government. Ratified in 1987, it was preceeded by the 1986 Freedom Constitution and the 1973 Constitution.

The 1987 Constitution primarily returns the presidential form of government with a bicameral Congress from the parliamentary form espoused by the 1973 Constitution, with the inclusion of several check-and-balance mechanisms among the three branches of government: judiciary, executive and legislative. These include allowing the president to proclaim martial law or suspend the writ of habeas corpus, but the suspension may not exceed 60 days and can be revoked by the a Congress majority. Meanwhile, the judiciary (via the Judicial and Bar Council) needs to submit a list of nominees for the president to choose from when appointing members of the Supreme Court as well as the lower courts.

The 1987 Constitution also created the two autonomous regions in the country—the Autonomous Region of Muslim Mindanao (ARMM) and the Cordillera Administrative Region (CAR)--as well as several government agencies such as the Commission on Human Rights, the Judicial and Bar Council, and the Office of the Ombudsman. Filipino was declared as the national language.

History

After Marcos' overthrow in the 1986 EDSA People Power Revolution, there was a need to replace the 1973 Constitution which was in use during the dictatorship. President Corazon C. Aquino then issued Proclamation No. 9 on 23 April 1986, ordering the formation of a Constitutional Commission (ConCom). Chaired by Cecilia Munoz Palma, the ConCom commenced work on 2 June 1986 at the Batasang Pambansa.

The Cory Aquino administration used the 1986 Freedom Constitution, which was actually a set of major amendments to the 1973 Constitution. The new constitution was completed on 12 October 1986. The draft was presented to Aquino three days later, marking the start of a massive nationwide information campaign. A plebiscite for its ratification was held on 2 February 1987, with around 17 million voters in favor while only 5 million were against its ratification. The new constitution was then proclaimed as ratified and in effect on 11 February 1987, with the government and the military pledging their allegiance.

However, the plebiscite date of 2 February 1987 is taken as the official date of ratification due to the Supreme Court ruling in the De Leon vs. Esguerra (153 SCRA 602) case on the term of several barangay officials in Brgy. Dolores, Taytay, Rizal. In the ruling, the Supreme Court took the plebiscite date as the basis for ruling in favor of the petitioners.

Preamble

“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”
[edit] The Constitution

Preamble
Article I: National Territory
Article II: Declaration of Principles and State Policies
Article III: Bill of Rights
Article IV: Citizenship
Article V: Suffrage
Article VI: Legislative Department
Article VII: Executive Department
Article VIII: Judicial Department
Article IX: Constitutional Commissions
Article X: Local Government
Article XI: Accountability of Public Officers
Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article XIV: Education, Science and Technology, Arts, Culture, and Sports
Article XV: The Family
Article XVI: General Provisions
Article XVII: Amendments or Revisions
Article XVIII: Transitory Provisions

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