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The 1987 Constitution After Martial Law

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1987: Constitution

After Martial Law


(President Corazon Aquino)

Cortez, Faith Ann

BSMT 1
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Corazon “Cory” Aquino went from a shy law school student, to the first
female president of the Philippines.

Supported by the People Power Revolution, Aquino successfully ran a peaceful


movement that eventually led her to become TIME Magazine’s Person of the
Year in 1986.

The only other woman that received that honor at the time was Queen
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Elizabeth II in 1952. Also she was the President of the Philippines from 1986
to 1992.
INTRODUCTION:

President Corazon Aquino's government had three


options regarding the constitution: revert to the 1935
Constitution, retain the 1973 Constitution and be
granted the power to make reforms, or start a new and
break from the "vestiges of a disgraced dictatorship".
They decided to make a new constitution that, according
to the president herself, should be "truly reflective of the
aspirations and ideals of the Filipino people".
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In March 1986

President Aquino proclaimed a transitional constitution


to last for a year while a Constitutional Commission drafted a The Constitution begins with a
permanent constitution. This transitional constitution, called preamble and eighteen self-contained
the Freedom Constitution, maintained many provisions of the
articles. It established the Philippines
old one, including in rewritten from the presidential right to
rule by decree. In 1986, a constitutional convention was
as a "democratic republican State"
created, composed of 48 members appointed by President where "sovereignty resides in the
Aquino from varied backgrounds and representations. The people and all government authority
convention drew up a permanent constitution, largely emanates from them". It allocates
restoring the setup abolished by Marcos in 1972, but with governmental powers among the
new ways to keep the president in check, a reaction to the
executive, legislative, and judicial
experience of Marco's rule. The new constitution was
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officially adopted on 2 February 1987. branches of the government.


Three Branches of the Government

Executive Legislative Judicial Branch


Branch Branch
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Executive Branch

The Executive branch is headed by the president and his cabinet, whom he appoints.
The president is the head of the state and chief executive but his power is limited by
significant checks from the two cabinet co-equal branches of government, especially during
times of emergency. This is put in place to safeguard the country from the experience of
martial law despotism during the presidency of Marcos. In cases of national emergency, the
president may still declare martial law, but not longer than a period of sixty days. Congress,
through majority vote, can revoke his decision, or extend it for a period that they determine.
The Supreme Court may also review the declaration of martial law and decide if there were
sufficient justifying facts for the act. The president and the vice president are elected at large
by a direct vote, serving a single six-year term.
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Legislative Branch

The legislative power resides in a Congress divided into the House: The Senate and
the House of Representatives. The 24 senators are elected at large by popular vote, and
can serve no more than two consecutive six-year terms. The House is composed of district
representatives representing a particular geographic area and makes up around 80% of the
total number of representatives. There are 234 legislative districts in the Philippines that
elect their representatives to serve three-years term. The 1987 Constitution created a
party-list system to provide spaces for the participation of under-represented community
sectors or groups. Party-list representatives may fill up not more than 20% of the seats of
the House.
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Legislative Branch (2)

Aside from the exclusive power of legislation, Congress may


also declare war, through a two-thirds vote in both upper and
lower houses. The power of legislation, however, is also subject
to an executive check, as the president retains the power to veto
or stop a bill from becoming a law. Congress may only override
this power with a two-thirds in both houses.
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Judicial Branch

The Philippine Court system is vested with the power of the judiciary, and is composed of a
supreme court and lower courts as created by law. The Supreme Court is a 15-member court
appointed by the president without the need to be confirmed by Congress. The appointment the
president makes, however, is limited to a list of nominees provided by a constitutionally specified
Judicial and Bar Council. The Supreme Court Justices may hear, on appeal, any cases dealing with
the constitutionality of any law, treaty, or decree of the government, cases where questions of
jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently grave. It may
also exercise original jurisdiction over cases involving government or international officials. The
Supreme Court is also in charge of overseeing the functioning and administration of the lower
courts and their personnel.
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Three Independent Constitutional Commissions

Civil Service Commission Commission on Elections Commission on Audit

a central agency in charge mandated to enforce and which examines all funds,
administer all elections transactions, and properly
of government personnel.
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laws and regulations. accounts of the government


and its agencies.
To further promote the ethical and lawful
conduct of the government, the Office of the
Ombudsman was created to investigate
complains that pertain to public corruption,
unlawful behavior of public officials, and other
public misconduct. The Ombudsman can
charge public officials before the
Sandiganbayan, a special court created for this
purpose.

Only the House of Representatives can initiate


the impeachment of the president, members of
the Supreme Court, and other constitutionally
protected public officials such as the
Ombudsman. The Senate will then try the
impeachment case. This is another safeguard
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to promote moral and ethical conduct in the


government.
Analysis:

Corazon Aquino Abolishing the 1973 After having restored


Establishes the Constitution, the
issued Proclamation democracy, the
Philippines as a No. 3, declaring a Parliament, the
government should
On February "democratic and national policy to Supreme Court, the
now attend to the
office of the Prime
11, 1987, the republican implement the needs of improving
reforms mandated Minister, and all
new State", where the practical
by the people, national and local
"sovereignty administration of
constitution protecting their positions, creating a
justice so that the
was proclaimed resides in the basic rights, revolutionary
people can work in
people and all adopting a government under
ratified and freedom for progress
government provisional what she called the
took effect. "Provisional and with a
authority constitution, and reasonable
Constitution of the
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providing for an
emanates from Republic of the expectation of a
orderly translation
them". Philippines". justice and lasting
to a government
peace.
under a new
Source:

Thank you!

https://www.officialgazette.gov.ph/1988/02/18/
speech-of-president-corazon-aquino-on-the-1987-
constitution/

https://kahimyang.com/kauswagan/articles/2074/
today-in-philippine-history-march-25-1986-cory-
issued-proclamation-no-3-establishing-a-
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revolutionary-government

https://www.officialgazette.gov.ph/constitutions/

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