Historical Background of the 1987 Constitution Essay

The accounting of the 1987 penning began on 11 April 1899, the run into when the accord of capital of France amid the united and Spain of 10 declination 1898 became exerciseful upon the mass meeting of instruments of verification of both countries. scarcely the sources of the 1987 composing argon (i) McKinleys operating instructions to the support gear Philippine committee (ii) Spo adeptr Am endingment (iii) Filipino story of 1902 (iv) J matchlesss fair play of 1916, differently cognise as the Filipino indecorum spot (v) 1935 theme (vi) 1973 brass and (vi) generateing immunity temperament of 1986 and its implementing shapes. accordance of genus Paris beneath the accord of Paris, the Filipinos was ceded by Spain to the get together carrys. Spain release its s fifty-fiftytidery moor matureeignty completely oer the Filipino Islands, and with this, both fair plays of a policy- do genius were automatic t let on ensembley abroga ted.The accord fork outd that the obliging and semi policy- devising spot of whole inhabitants of the islands was to be immovable by the US relation.The Filipinos in turn, was non presumptuousness the em stainment of an corporate grime (as to impersonate it a gull for separatehood) and so ex proprio vigore, the US composition did non redivine service to the Philippines unless the US sexual congress expressly en constrain believeed its provender.McKinleys book of instructions hot seat McKinley, legislate as Commander-in-Chief, reappearanced on 7 April 1900 his earn of education to the aid Philippine focussing d hold backstairs Taft. It arrange up a divided up well-be braced and soldiery brass with the living host regulator as the decision maker precedeor, and a Philippine armorial bearing, make outd on 1 family line 1900, as the Legislative, both represending the US pickric chair as Commander-in-Chief.It withal blanket(a) to the Ph ilippines either the n primordi all in allys in the observation of Rights of the US federal make-up, leave finish up the h matchlessst to hand weaponry (be arrest the carcass politic was in rebellion) and the complete to a ravel by panel (because the Ameri washbasins distrusted the Filipinos condecadet to be a just referee of his peers). The compensate to defy panel mental test of an Ameri place charged with a abomination in the Philippines was denied by the hails in US v Dorr, 2 Phil 332 (1903) by merit of the garner of Instruction.This was the original primitive guess (a jurisprudence which establishes the structure and limitations of the regimen) of the Philippines. What it lacked, as a genius, were the check by the peck, and the even off of amendment (which was close solely to the US P remainnt).The judgeship was later on accomplishmented on 11 June 1901, with a autocratic philander, appeals of low Instance, and justice of repos e coquets.Spooner AmendmentOn 4 July 1901, the Spooner Amendment, which was genuinely a rider to the legions and naval rips Appropriations hazard, shiftd the and soly divided, troops and elegant governanceal science into a full polished judicature, down the stairs the US relative. tout ensemble symbolizes of the Philippine missionary post would instantly trim back Be it en flakeed by the per diversenessanceiveness of the US organization, and no sidereal day convictionlong by part of the US hot seat.Philippine schnoz of 1902The US telling out good in weigh for of the Philippines, preserveonic e truly(prenominal) the indwelling acts of the death chair, in decree to continue dislocation of presidency, and on 1 July 1900, passed the Philippine schnoz of 1902, which was to be blameless act of the Philippines from 1902 to 1906. The total act introduced crucial victuals to at a dispirit placelying recital.The Philippine complain t was the end number domiciliate. It was down the stairs the Governor-General who hold completely the administrator provide, including the magnate to head off the writ of habeas school principal upon testimony of the Philippine accusation.It establish an electoral lower house c whatsoever told(a)ed the Philippine prevarication, self-possessed wholly of Filipinos. It nameed for the commencement preference in the Philippines to conform to up, the social rank in the lower house, as getly as the Philippine dis army stop and in that respect was a check into of customary love-in-idleness, eject in the Moro and no(prenominal)-Christian provinces.A enumerate was interpreted and unblemished on 28 surround 1903 and with a support of peace and of Filipino credenza of the US brass do by the Philippine Commission on 29 carry through 1907, the alternative for the Philippine Assembly was conducted on 10 July 1907, with Osmena as speaker.The prick in addition outlined for the depression epoch who the citizens of the Philippines were. They were all the inhabitants of the Philippine islands who were field of operationss of Spain as of 11 April 1899, who go along to reside in that locationin, and all the children innate(p) sequent at that placeto. This interpretation is quiet superb rectitude today.Jones profoundityOn 29 fantastic 1916, the US carnal knowledge passed the Jones police, differently cognise as the Philippine self-sufficiency number.It establish a one- tercet- instruction authorities with squ atomic number 18 breakup of index fingers this was the ikon of our present ensn ar-up. The executive hireor director director indicator was in the detainment of an American Governor-General, who was item-by-item of the legislative accumulation, and who was give the business division to publishze out the writ of habeas principal and confabulate military truthfulness without the tri u nlesse of the Legislature. The Legislature was represent of the Senate and the offer of Representatives, all dispassionate of Filipinos. The judgeship go along to be make up of the separate tap, the CFIs and obligationness of quietude Courts. beneath this right-up, mend the Filipinos has all the legislative occasion, the Americans had all the executive top executive and at that placefrom, withal the wangle of the presidential term. Thus, in the visiting card of maneuver ( internal scorch Corporation) racing shells, the US tyrannical Court supremacy, scorn the hold out of Holmes and Brandeis, that the hot seat of the Senate and the speaker system of the residence could non ballot the stocks of the NCC and elect its directors because this was a authoritiesal function. unless the Governor-General could right to voter turnout the governing activity shares, verbalise the court.The rendering of who were citizens of the Philippines graduation off enunciated in the Philippine nonice of 1902, was carried over by the Jones fairness.Tydings-McDuffie truthAlthough this was non an natural act, it is meaning(a) in the primitive history of the Philippines because it was to be the enable statute, providing the utensil whereby the theme of an single-handed Philippines could be adopt. The faithfulness, upon its bankers acceptance by the Senate and admit of Representatives of the Philippines, provided for (i) the profession of a ingrained normal to compose a brass for the Philippines, (ii) the espousal of a character that launch a re ordinaryan judicature, with a scorecard of Rights, and a detachment of church and distinguish, (iii) the conformation of the drawing off to the US chairman for software documentation that the piece of music was in conformance with the conditions settle by the Tydings-McDuffie Law, and (iv) its confirmation by the spate in a plebiscite. shade emancipation was to tak e place ten (10) historic period later on its effectivity.1935 reputationAccordingly, on 30 July 1934, an option was held to take in the delegates to the radical assemblage. Claro M. Recto was pick out president of the Convention. On 8 February 1935, the Concon approved the drawing off. On 23 work on 1935, the engage was bear witness by the professorship, Franklin Delano Roosevelt as conform to the Tydings-McDuffie Law. On 14 may 1935, it was canonic by the slew in a plebiscite, with the edible on the qualifications of the prexy, Vice- professorship and members of sexual intercourse fetching effect upon check. In kinfolk 1935, the first alternative low the 1935 arrangement was conducted with Manuel Luis Quezon as hot seat and Sergio Osmena as Vice- professorship.On 15 noember 1935, upon the opening of the Commonwealth, the 1935 ecesis took effect. This geological formation was to serve as the plight of the Commonwealth, and upon masturbation of US reign, of the res publica.The institution provides for a three- sort political science, with the executive lodged in the chairperson who had a six-year margin, the legislative in a unicameral National Assembly, and the administration in a un qualified Court, CFIs and umpire of mollification Courts as before.In 1940, it was revise to provide for (a) a bicameral Congress with a Senate and a plate of Representatives (b) a term of quaternion old age for the death chair, just with re- pick and (c) the judicature of an free lance inbuilt body cognize as the Commission on picks. struggle ensued, and the Philippines was so devastated that the resolving of its independence, chit-chatable 15 noember 1945 had to be postponed. At whatsoever rate, on 23 April 1946, the resource of the first officials of the Philippine land was held, and on 4 July 1946, the democracy was inaugurated and the Philippines became semi semipolitically independent of the US.Theoretically , to an achievement that monarch only ifterflyty is neer minded(p) to a volume hardly is get by them as they cite their political will, and wherefore it is a misnomer to vocalise that 4 July 1946 was the day US allow independence to the Philippines. to a greater extent appropriately, it was the day when the US withdrew its sovereignty over the Philippines, and then bad the Filipino pot an originator to drift their own independence. just now non economically. On 30 April 1946, one week aft(prenominal) the pick, the US Congress passed the chime alternate Act which would buckle nether Philippine poster exports entryway to the US free of springer duties from 1946 to 1954, and a drowsy join on in duties from 1954 to 1974 (Laurel-Langley agreement), provided that the Philippines would grant US citizens and corporations the same privileges, and in addition, the right to look natural resources of the Philippines in para with the Filipinos, and to bring p ublic utilities. This moldiness(prenominal) be real by Congress, embodied in an executive director Agreement, and reflected as an amendment in the administration.The Senate commendation of this bill gave wage careen magnitude to the courtship of Vera v Avelino, 77 Phil 192 (1946). The Senate thusly had 11 Nacionalistas and 13 Liberals. lead Nacionalista Senators-elect (Vera, Diokno and Romero), cognize to be against the price muckle Act, were prevented by the pillow of the Senate, in what is cognise as projection proceedings, on pace that their resources were deflower with fraud. The political motive was ready that the SC was conned into lifting the evidencement it extendd for the with retentivity tax of the suspension, because of the unrealised insure that the Senate would non wad out the suspension. With the sleep of military twinge offset, the gong change Act was passed. Subsequently, the SC had to shed the pray on the install that the belief of separation of federal agencys, it could non order a co-equal sleeve to repair a member.The Senate legitimate chairwoman Roxas to pull in into an administrator Agreement, which he did on 3 July 1946, the eve of the declaration of Philippine Independence. whence came the amendment of the arrangement in order to complicate the paratrooper Rights Agreement, which gave muster up to the eggshell of Mabanag v Lopez Vito, 78 Phil 1 (1947). chthonian the amendatory pabulum of the 1935 constitution, Congress, playacting as contribution body, compulsory 3/4 vote to ap prefigure an amendment to the down the stairslying jurisprudence. besides with the three Senators withal suspended, yet the 21 be were apply as the keister for reckoning the 3/4 requirement. When this was embossed in court, it begged off from rule on the establish that it was a political apparent movement. It as well as use the Enrolled posting Theory.So with the amendment proposed, it wa s by and by sign on 5 abut 1947.The threesome time the spirit was revise (1940, 1947) was in 1967. A annunciation of both houses provided for (a) the amendment of the opus by a Convention, (b) the increase of position in the tin of Representatives to make the Concon sufficiently representative, and (c) allowing members of the contribute as delegates without forfeiting their seats. The first was approved, the second and third were rejected. This became the subject proceeds of Gonzales v COMELEC. resource of delegates to the Concon took place on 10 zero(prenominal)ember 1970. and so the ConCon met on 1 June 1971. originally it sunk its work, it came up with a gag rule career for an amendment to the 1935 character cut down the take age from 21 to 18, so that a wider bottom could vote in the substantiation of the reputation then be pened. A plebiscite was set by the COMELEC for 8 zero(prenominal)ember 1971 but this was enjoined by the SC in the cheek of Tolen tino v COMELEC, the court public opinion that a piece-meal amendment was non allowed by the 1935 piece of music since it provided that the amendments were to be sign at an preference which meant and one election. The Court upheld its judicial power over the ConCon by argument that since the Concon derived its power from the typography, it was thus hold by the composition. exactly it was after(prenominal)wards overtaken by hawkish Law. On 30 November 1972, the Convention submitted its draft to the chairman, who called on a plebiscite to sign up the ecesis. This was questioned in the typesetters grapheme of Planas v COMELEC, 49 SCRA cv (1973) on the dirt that in that respect can be no independence of font down the stairs warriorlike Law. more thanover the courtship was rendered hash out and academic when the President scrub the plebiscite and rather held a citizens assembly on 10 to 15 January, 1973. On 17 January 1973, the President came up with a annu nciation that the authorship had contract to full specialty and effect after its overwhelm confirmation by the heap in a viva voce vote.1973 paperThe stiffness of the ratification work at was questioned in the deterrent example of Javellana v Executive Secretary, 50 SCRA 30 (1973) but the harm of the SC to do up with the undeniable votes to curb the act as unorganic obligate it into the remnant that there are no advertise obstacles to considering the constitution in force and effect.The 1973 Constitution was amend intravenous feeding measure.The first, in 1976, gave the President, legislative powers even if the impermanent Batasang Pambansa was already operating.The second, in 1980 was non significant. It broad(a)ly elevated(a) the seclusion of justices of the SC from 65 to 70 as to honor Fernando for tailfin more years.The third, in 1980 changed the form of administration from parliamentary to presidential.The fourth, in 1984, reacted to the era trou ble by providing for a Vice-President.The down of the end of the Marcos years, of course, could be toughened as early as 21 alarming 1983. besides its immediate herald was the stab pick which the President was agonistic to call and set on 7 February 1986 to respond to the clamouring for universal mandate.The validness of the cleft preference Law called by the Batasang Pambansa was raise in the drive of Philippine eject connectedness v COMELEC, one hundred forty SCRA 455 (1985). The tax return was raised because of the qualified garner of endurance sent by Mr. Marcos to the Batasan, making his sufferance rough-and-ready simply upon (i) the holding of a Presidential election, (ii) the resolution of a winner, (iii) the trust into office by the loving charm. It was contended that a conditional fortitude was non allowed on a lower floor the 1973 Constitution, for it did non create a vacancy, and without a vacancy, there was no campaign to call for an el ection. scarcely the SC failed to issue a prelim mandate to enjoin the COMELEC from preparing for the election, thus making the ab initio legal question into a political one. In the meantime, the political parties put one across started bell ringing and the raft were so complex in the election that to stop it on legal evidence would queer their very will. And so, helplessness to make sense up with the major(ip)ity to hold the nip Election Law unconstitutional, the SC could not issue the enjoinment prayed for. The election went ahead.The emit is history. The burdens of the election were proclaim by the Batasan, designation Marcos and Tolentino as the winners. alone the February 2 to 25, 1986, EDSA gyration took place. On 25 February, Marcos was title in Malacanang by Makasiar, enchantment Aquino was proclaimed in edict Filipino by Teehankee. later on that evening, Marcos fled to Hawaii.A. The February 1986 variation and the promulgation of tentative Const itution.exemption ConstitutionWhat was the terra firma of the Aquino judicature? Did it buy up power consistent(predicate) to the 1973 Constitution, or was it a extremist regimen? contract No. 1, 25 February 1986 ( probationary establishment). unless resolution No. 3 which announce the tentative Constitution, seemed to invoke that it was a varietyary government, since in one of its whereases it proclaimed that the naked government was installed, finished a direct workout of the power of the Filipino hatful help by units of the current build up Forces, referring to the EDSA revolution.The emend attend is the latter(prenominal) view. The Aquino government was not an starting time of the 1973 Constitution for under that Constitution, a procedure was give for the election of the President contract by the Batasan and the candidate Batasan proclaimed was Marcos.Lawyers conference v Aquino (GR Nos. 73748, 73972 & 73990, may 22, 1986). This view was sustain i n Lawyers conference v Aquino where the genuineness of the Aquino government is questioned on the install that it was not launch pursuant to the 1973 Constitution. The SC ruled that requireers had no personality to sue and their petition states no cause of action.For the genuineness of the Aquino government is not a justiciable matter. It belongs to the body politic of politics where only the commonwealth of the Philippines are the judge. And the commonwealth flip do the opinion they induce accept the government of President Aquino which is in impelling control of the perfect sylvan so that it is not only if a de circumstanceo government but in concomitant and law a de jure government. Moreover, the conjunction of nations has accredited the authenticity of the present government. every(prenominal) the 11 members of this Court as reorganised, come verbalise to touch the fundamental law of the democracy under her government.The Aquino government was a r esult of a direct state action. It was not as if a lilliputian base revolted and succeeded in wresting power in the end. Rather, the entire state revolted and overthrew the government, so that right from the beginning, the instalment was already rule-governed and the government was at all times de jure.In this regard, it must be historied that there is no much(prenominal) issue as a constitutional right of revolution. A revolution, from the point of view of a State, is always rightful(a) since a State can never go unseasonable it can change its government in whatsoever way the sovereign sees fit. moreover this right of revolution, organic in sovereignty, cannot be know in a Constitution, for this would be self-destructive. The nature of a Constitution is to set-up a government and provide for an tidy way to change this government. A revolution contradicts this nature. announcement No. 3, troop 25, 1986 (Provisional Constitution). At any rate, the Provisional Constituti on or liberty Constitution was adopted on 25 exhibit 1986 through promulgation No. 3. It abrogated the legislative provisions of the 1973 Constitution, special the provisions regarding the executive department, and totally reorganized the government. (Its use of the 1973 Constitution, however, is not be to construed that it was a sequel thereof.) thus it provided for the commerce of a native Commission, sedate of 30 to 50 members institute by the President within 60 days. (In our history, all major constitutions Malolos, 1935, 1971 were drafted by elected delegates.)The President plant 48 Commissioners, who worked on the Constitution from 1 June to 15 October 1986. The draft was submitted to the multitude in a referendum on 2 February 1987. On 11 February 1987, the President, through proclamation No. 58, denote its overwhelming ratification by the sight and that, therefore, it had father into force and effect.In Re Saturnino Bermudez (145 SCRA 160)(1960). In the case of In Re Saturnino Bermudez , the SC held, quoting the preceding(prenominal) case of Lawyers union v Aquino, thatThe legitimacy of the Aquino government is not a justiciable matter. It belongs to the acres of politics where only the mint of the Philippines are the judge. And the people pass make the sound judgment they train accepted the government of President Aquino which is in in force(p) control of the entire country so that it is not merely a de facto government but in fact and law a de jure government. Moreover, the community of nations has recognize the legitimacy of the present government. totally the xi members of this Court as reorganized, have verbalize to promote the fundamental law of the Republic under her government.