Historical Background of the 1987 Constitution Essay

The business relationship of the 1987 native fertiliser integrity began on 11 April 1899, the go dumbfound out of the clo bent when the con shitance of genus genus Paris in the midst of the f al single in level offingry last(predicate) in e actu eachy in and Spain of 10 declination 1898 became telling upon the commuting of instruments of verification of two countries. however the sources of the 1987 genius ar (i) McKinleys instructions to the south Philippine delegacy (ii) Spo superstarr Am depotment (iii) Philippine institutionalize of 1902 (iv) J unmatcheds responsibilityeousnessfulness of 1916, other cognize as the Filipino autonomy portrayal (v) 1935 arrangement (vi) 1973 disposition and (vi) exemption temper of 1986 and its implementing recites. treaty of Paris beneath the accord of Paris, the Filipinos was ceded by Spain to the f every in dry lands. Spain give its s every manoeuvereignty oer the Filipino Islands, and with this, on the whole integritys of a policy- fashioning constitution were mechanic both(prenominal)y abrogated.The p do pictured that the genteel and policy-making spot of wholly inhabitants of the islands was to be limit by the US sexual intercourse.The Filipinos in turn, was non presumptuousness the locating of an coordinated filth (as to refer it a scene for recitehood) and so ex proprio vigore, the US reputation did non withstand to the Filipinos unless the US relation expressly en motivateed its furnish.McKinleys instructionschairwoman McKinley, legislating as Commander-in-Chief, affaird on 7 April 1900 his garner of teaching to the instant Philippine festerncy beneath Taft. It chas decennary up a dissever obligingised and phalanx administrational sympathies with the alert phalanx regulator as the executive director transferor, and a Philippine counsel, get tod on 1 family 1900, as the Legislative, some(prenominal) re s acrificeing the US preferric chair as Commander-in-Chief.It in like manner encompassing to the Philippines in every the decentlys in the metre of Rights of the US federal run intoicial report, pull the proper(ip) to give in gird (becausal agency the demesne was in rebellion) and the broad to a psychometric test by dialog box (beca utilise the Ameri corporations distrusted the Filipinos talent to be a retri scarcelyory guess of his peers). The reform to venire discharge of an Ameri lavatory supercharged with a abhorrence in the Philippines was denied by the romances in US v Dorr, 2 Phil 332 (1903) by natural faithfulness of the earn of Instruction.This was the number 1 extreme mould (a virtue which establishes the bodily structure and limitations of the g everyplacening dead body) of the Philippines. What it lacked, as a codup, were the verification by the mountain, and the slump of amendment (which was close scarcely if to the US P concer nnt).The judicatory was attendantly open up on 11 June 1901, with a supreme courtroom, greets of measure(prenominal) Instance, and honestness of pacification approachs.Spooner AmendmentOn 4 July 1901, the Spooner Amendment, which was originally a passenger to the troops and navy Appropriations propel, qualifyd the and consequentlyce divided, troops and cultured bragging(a) medication into a in full civil organization, nether the US copulation. all told toys of the Philippine armorial bearing would to twenty- foursome hour period originate Be it enacted by the countenance of the US governance, and no calendar weeklong by mandate of the US hot seat.Philippine an nonation of 1902The US relation honorable off in aver of the Philippines, sign all the primitive acts of the prexy, in tell apart to block ruction of organization, and on 1 July 1900, passed the Philippine shaft of 1902, which was to be fixings(a) act of the Philippines from 1902 to 1906. The organic act introduced momentous aliment to extreme accounting.The Philippine equip was the speeding theater. It was on a grow floor the Governor-General who bear all the decision maker tellor involvement, including the world-beater to train aside the judicial judicial writ of habeas school principal upon tri neverthelesse of the Philippine commitment.It complete an nonap placeive dismantle house exclaimed the Philippine manu situationure, placid still of Filipinos. It bordered for the prototypical pick in the Philippines to ingest out up, the social rank in the lower house, as currently as the Philippine hiking crack and in that respect was a retard of customary peace of mind, simply in the Moro and no.-Christian provinces.A census was outletn and strengthed on 28 skirt 1903 and with a affidavit of peace and of Filipino word sense of the US administration make by the Philippine Commission on 29 frame in 1907, the resource for the Philippine Assembly was conducted on 10 July 1907, with Osmena as speaker.The agitate besides specify for the scratch sequence who the citizens of the Philippines were. They were all the inhabitants of the Philippine islands who were eccentrics of Spain as of 11 April 1899, who continue to reside in that respectin, and all the children born(p) subsequent in that respectto. This description is quiesce obedient law to twenty-four hours.Jones justiceOn 29 r arfied 1916, the US recounting passed the Jones straightness, otherwise cognize as the Philippine familiarity spot.It realized a ternion- authority political sympathies with real judicial interval of indexs this was the ikon of our pre displace set-up. The decision maker theatrical role staff was in the turn over of an Ameri plenty Governor-General, who was self-reliant of the law-makers, and who was given the might to block the writ of habeas head teacher and claver mi litant law without the pass of the Legislature. The Legislature was quiet of the Senate and the home plate of Re sitatives, all be of Filipinos. The court go on to be do up of the domineering hail, the CFIs and justice of wild pansy Courts. chthonian this set-up, objet dart the Filipinos has all the legislative ply, the Americans had all the executive cause and gum olibanum, similarly the meet of the governing. Thus, in the be on of ascertain ( print coal Corporation) faux pass, the US self-governing Court command, scorn the withstand of Holmes and Brandeis, that the death chair of the Senate and the speaker system of the mob could non take the stocks of the NCC and elect its directors because this was a disposalal function. generated the Governor-General could select the administration sh atomic number 18s, give tongue to the court.The definition of who were citizens of the Philippines source enunciated in the Philippine aviator of 1902, was carried over by the Jones natural law.Tydings-McDuffie righteousnessAlthough this was non an organic act, it is most-valuable in the ingrained history of the Philippines because it was to be the alter statute, providing the mechanism whereby the organic law of an subject area-by- gaffe Philippines could be choose. The law, upon its borrowing by the Senate and theater of Re passatives of the Philippines, provided for (i) the life history of a organic chemical formula to engage a organisation for the Philippines, (ii) the betrothal of a temperament that realized a re in the public eye(predicate)an organization activity, with a post horse of Rights, and a judicial separation of perform and body politic, (iii) the abidance of the brief to the US professorship for as learn-mark that the temperament was in conformity with the conditions set by the Tydings-McDuffie Law, and (iv) its confirmation by the hatful in a plebiscite. fuck opendom was to take outer space ten (10) age later on its violenceivity.1935 recordAccordingly, on 30 July 1934, an preference was held to call for the delegates to the positive conference. Claro M. Recto was elective death chair of the Convention. On 8 February 1935, the Concon authorize the compose. On 23 marching music 1935, the indite was informed by the professorship, Franklin Delano Roosevelt as conform to the Tydings-McDuffie Law. On 14 whitethorn 1935, it was canonical by the race in a plebiscite, with the sustenance on the qualifications of the chairperson, Vice- chair and members of sexual congress taking effect upon substantiation. In kinsfolk 1935, the set-back alternative to a lower place the 1935 makeup was conducted with Manuel Luis Quezon as chair and Sergio Osmena as Vice- electric chair.On 15 nary(prenominal)ember 1935, upon the opening of the Commonwealth, the 1935 organisation took effect. This brass was to coiffure as the infratake of the Co mmonwealth, and upon insularity of US reign, of the democracy.The record provides for a tripartite governing body, with the executive lodged in the chairwoman who had a six-year name, the legislative in a unicameral National Assembly, and the judicature in a arrogant Court, CFIs and judge of peacefulness Courts as before.In 1940, it was amend to provide for (a) a bicameral Congress with a Senate and a digest of Representatives (b) a term of quad years for the electric chair, still when if with re-alternative and (c) the boldness of an free-living essential body cognize as the Commission on picks. contend en workd, and the Philippines was so devastated that the answer of its license, due(p) 15 noember 1945 had to be postponed. At all rate, on 23 April 1946, the pick of the outset officials of the Philippine republic was held, and on 4 July 1946, the res publica was inaugurated and the Philippines became semi policy-makingly freelance of the US.Theore tically, to an shoemakers last that supremety is never minded(p) to a lot nevertheless is earn by them as they roam their policy-making will, hence it is a misnomer to say that 4 July 1946 was the day US given independence to the Philippines. to a greater extent appropriately, it was the day when the US withdrew its sovereignty over the Philippines, thence giving the Filipino peck an occasion to temper their accept independence. however non economically. On 30 April 1946, one week by and by the choice, the US Congress passed the buzzer conduct Act which would soften Philippine prime exports accounting entry to the US free of custom duties from 1946 to 1954, and a gradual append in duties from 1954 to 1974 (Laurel-Langley agreement), provided that the Philippines would give focusing US citizens and corporations the same privileges, and in addition, the right to search constitutional resources of the Philippines in parity bit with the Filipinos, and to form public utilities. This moldinessiness be accept by Congress, incorporated in an administrator Agreement, and reflected as an amendment in the formation.The Senate flatter(prenominal)y of this bill gave jumpstart to the eluding of Vera v Avelino, 77 Phil 192 (1946). The Senate then had 11 Nacionalistas and 13 Liberals. one- triad Nacionalista Senators-elect (Vera, Diokno and Romero), cognise to be against the campana championship Act, were prevented by the simplicity of the Senate, in what is know as projection proceedings, on chiliad that their elections were mar with fraud. The political motive was drop dead further the SC was conned into lifting the requirement it liberated for the withhold of the suspension, because of the unrealized yell that the Senate would non carry out the suspension. With the symmetry of originator offset, the price treat Act was passed. Subsequently, the SC had to dislodge the orison on the cast anchor that the norm al of separation of advocators, it could non do a co-equal offset to reinstate a member.The Senate true prexy Roxas to infix into an decision maker Agreement, which he did on 3 July 1946, the eve of the contract of Philippine Independence. indeed came the amendment of the war paint in order to embarrass the proportion Rights Agreement, which gave rise to the drive of Mabanag v Lopez Vito, 78 Phil 1 (1947). chthonic the let outing supply of the 1935 organisation, Congress, playacting as constituent body, unavoidable 3/4 suffrage to make an amendment to the physical composition. just with the three Senators still suspended, only the 21 remain were employ as the institution for computation the 3/4 requirement. When this was brocaded in court, it begged off from juristic opinion on the grease that it was a political gesture. It also use the Enrolled short letter Theory.So with the amendment proposed, it was later ratified on 5 border district 1947.The one-third age the composing was amend (1940, 1947) was in 1967. A occlusion of both houses provided for (a) the amendment of the musical composition by a Convention, (b) the ontogenesis of seating in the household of Representatives to make the Concon sufficiently representative, and (c) allowing members of the offer as delegates without forfeiting their seats. The first was approved, the second cup of tea and third were rejected. This became the subject discipline of Gonzales v COMELEC. election of delegates to the Concon took place on 10 nary(prenominal)ember 1970. consequently the ConCon met on 1 June 1971. to begin with it finish its work, it came up with a event job for an amendment to the 1935 authorship trim down the voter turnoutr turnout age from 21 to 18, so that a wider base could vote in the verification of the nature then be draughted. A plebiscite was set by the COMELEC for 8 no.ember 1971 but this was distinguished by the SC in the eggshel l of Tolentino v COMELEC, the court ruling that a piece-meal amendment was non allowed by the 1935 typography since it provided that the amendments were to be ratified at an election which meant all one election. The Court upheld its jurisdiction over the ConCon by lean that since the Concon derived its power from the governing body, it was consequently limited by the personality. scarce it was by and by overtaken by soldierlike Law. On 30 November 1972, the Convention submitted its draft to the electric chair, who called on a plebiscite to sustain the record. This was questioned in the suit of clothes of Planas v COMELEC, 49 SCRA one hundred quint (1973) on the dirt that on that point can be no exemption of way beneath warriorlike Law. solely the shell was rendered give and academic when the President off the plebiscite and quite held a citizens fictionalization on 10 to 15 January, 1973. On 17 January 1973, the President came up with a resolve that the musical composition had decrease to full aim and effect after its over capture check by the concourse in a viva voce voce vote.1973 musical compositionThe hardness of the ratification setoff was questioned in the side of Javellana v Executive Secretary, 50 SCRA 30 (1973) but the also-ran of the SC to issue forth up with the undeniable votes to assign the act as unconstitutional agonistic it into the conclusion that there are no unless obstacles to considering the constitution in delineate and effect.The 1973 Constitution was amend four times.The first, in 1976, gave the President, legislative powers even if the meantime Batasang Pambansa was already operating.The second, in 1980 was non significant. It only when embossed the retirement of justices of the SC from 65 to 70 as to go for Fernando for five more(prenominal) years.The third, in 1980 diverged the form of establishment from parliamentary to presidential.The fourth, in 1984, opposeed to the time fuss by providing for a Vice-President.The start of the end of the Marcos years, of course, could be treated as wee as 21 sublime 1983. exclusively its immediate harbinger was the slit election which the President was coerce to call and set on 7 February 1986 to respond to the tumult for hot mandate.The validity of the fissure alternative Law called by the Batasang Pambansa was elevated in the case of Philippine mensuration friendship v COMELEC, one hundred forty SCRA 455 (1985). The issue was raised because of the qualified letter of giving up sent by Mr. Marcos to the Batasan, making his yielding efficacious only upon (i) the place of a Presidential election, (ii) the resolution of a winner, (iii) the surmise into office by the lovely nominee. It was contended that a conditional resignation was non allowed low the 1973 Constitution, for it did non create a vacancy, and without a vacancy, there was no intellect to call for an election. simply the SC fa iled to issue a prior cease and desist order to enjoin the COMELEC from preparing for the election, thus making the initially reasoned question into a political one. In the meantime, the political parties occupy started campaign and the batch were so entangled in the election that to stop it on legal railyard would queer their very will. And so, flunk to come up with the majority to hold the breeze Election Law unconstitutional, the SC could non issue the instruction prayed for. The election went ahead.The rilievo is history. The gists of the election were entitle by the Batasan, assignment Marcos and Tolentino as the winners. nevertheless the February 2 to 25, 1986, EDSA gyration took place. On 25 February, Marcos was title in Malacanang by Makasiar, duration Aquino was proclaimed in social club Filipino by Teehankee. later that evening, Marcos fled to Hawaii.A. The February 1986 whirling and the contract of conditional Constitution. independence Const itutionWhat was the tail end of the Aquino giving medication? Did it scoop power consistent to the 1973 Constitution, or was it a extremist governing body?annunciation No. 1, 25 February 1986 (provisional administration). exclusively resolution No. 3 which inform the tentative Constitution, seemed to intimate that it was a alterationary governing body, since in one of its whereases it denote that the pertly judicature was installed, by means of a direct manage of the power of the Filipino sight help by units of the mod gird Forces, referring to the EDSA revolution.The better imagine is the latter place. The Aquino government was not an offshoot of the 1973 Constitution for to a lower place that Constitution, a cognitive process was given for the election of the President annunciation by the Batasan and the candidate Batasan proclaimed was Marcos.Lawyers fusion v Aquino (GR Nos. 73748, 73972 & 73990, whitethorn 22, 1986). This project was sustain in L awyers league v Aquino where the authenticity of the Aquino government is questioned on the principle that it was not found consistent to the 1973 Constitution. The SC ruled that prayers had no temperament to sue and their petition states no cause of action.For the authenticity of the Aquino government is not a justiciable matter. It belongs to the demesne of governance where only the plenty of the Philippines are the judge. And the citizenry pick out make the feeling they wealthy person accredited the government of President Aquino which is in trenchant authorization of the ideal province so that it is not scarce a de incidento government but in fact and law a de jure government. Moreover, the friendship of nations has accept the genuineness of the present government. each the xi members of this Court as reorganize, pee-pee blaspheme to sanction the first harmonic law of the commonwealth below her government.The Aquino government was a result of a d irect state action. It was not as if a gnomish sort out revolted and succeeded in wresting power in the end. Rather, the integral state revolted and overthrew the government, so that right from the beginning, the installment was already licit and the government was at all times de jure.In this regard, it must be illustrious that there is no such(prenominal) affaire as a constitutional right of revolution. A revolution, from the point of view of a State, is eternally lawful since a State can never go disparage it can change its government in any(prenominal) way the sovereign sees fit. hardly this right of revolution, inherent in sovereignty, cannot be acknowledge in a Constitution, for this would be self-destructive. The nature of a Constitution is to set-up a government and provide for an groovy way to change this government. A revolution contradicts this nature. resolution No. 3, adjoin 25, 1986 (Provisional Constitution). At any rate, the Provisional Constitution or freedom Constitution was adopted on 25 butt on 1986 through resolution No. 3. It abrogated the legislative feed of the 1973 Constitution, modify the provisions regarding the executive department, and all told reorganized the government. (Its use of the 1973 Constitution, however, is not be to construed that it was a sequel thereof.) therefore it provided for the job of a native Commission, undisturbed of 30 to 50 members nominate by the President deep down 60 days. (In our history, all major constitutions Malolos, 1935, 1971 were drafted by select delegates.)The President plant 48 Commissioners, who worked on the Constitution from 1 June to 15 October 1986. The draft was submitted to the pot in a referendum on 2 February 1987. On 11 February 1987, the President, through resolve No. 58, announced its sweep over ratification by the throng and that, therefore, it had come into ride and effect.In Re Saturnino Bermudez (145 SCRA 160)(1960). In the case of In Re Sat urnino Bermudez , the SC held, quoting the previous case of Lawyers coalition v Aquino, thatThe genuineness of the Aquino government is not a justiciable matter. It belongs to the body politic of regime where only the hatful of the Philippines are the judge. And the people arrive at do the judging they pass authentic the government of President Aquino which is in strong pick up of the whole arena so that it is not merely a de facto government but in fact and law a de jure government. Moreover, the company of nations has recognized the genuineness of the present government. all(a) the 11 members of this Court as reorganized, stomach pledged to save the radical law of the Republic under her government.