The 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people for so
long. In March, she issued a unilateral proclamation establishing a provisional constitution. This constitution
gave the President broad powers and great authority, but Aquino promised to use them only to restore
democracy under a new constitution. This new constitution was drafted in 133 days by an appointed
Constitutional Commission of 48 members and ratified by the people in a plebiscite held on February 2, 1987.
It was largely modelled on the American Constitution which had so greatly influenced the 1935 Constitution,
but it also incorporated Roman, Spanish, and Anglo law.
The 1987 Constitution established a representative democracy with power divided among three separate and
independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. There were
three independent constitutional commissions as well: the Commission on Audit, the Civil Service
Commission, and the Commission on Elections. Integrated into the Constitution was a full Bill of Rights, which
guaranteed fundamental civil and and political rights, and it provided for free, fair, and periodic elections. In
comparison with the weak document that had given Marcos a legal fiction behind which to hide, this
Constitution seemed ideal to many Filipinos emerging from 20 years of political repression and oppression.

Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the head of the
state and the chief executive, but he is subject to significant checks from the other branches, especially in
times of emergency, which, given the history of the country, was obviously intended to be a safeguard
against a repeat of Marcos martial law despotism. For example, in cases of national emergency, the
President can still declare martial law, but not for a period longer than 60 days. Congress can revoke this
decision by a majority vote, or it can also extend it for a period to be determined by the Congress.
Additionally, the Supreme Court can review the declaration to decide if there were sufficient facts to justify
martial law. The President can grant pardons and amnesty. He is also empowered to make or accept foreign
loans. He cannot, however, enter into treaties without the consent of the Senate. The President and VicePresident are elected at large by a direct vote, but the President may only serve one 6-year term. The
Cabinet, consisting of the Presidents advisers and heads of departments, is appointed by the President and it
assists him in his governance functions.

Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House of
Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve no more
than two consecutive 6-year terms. The House is composed of 250 elected members. Most of these
Representatives are elected by district for 3-year terms, but 20% of the total membership is chosen in
proportion to party representation. Besides the exclusive power to legislate, one of the most important
powers of Congress is the ability to declare war, which it can through a two-thirds vote in both houses. Even
the power to legislate, however, is subject to an executive check. The President retains the power to veto a
bill passed by both houses, and Congress may override this veto only with a two-thirds vote in both houses.

Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a
Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by the
President without need for confirmation by Congress. Appointment, however, is limited to a list of nominees
presented to the President by a constitutionally-specified Judicial and Bar Council. This Council consists of 7
members: the Chief Justice of the Supreme Court, the Secretary of Justice, a representative from Congress, a
representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a
representative of the private sector. The first four serve for four years, the law professor for three, the
retired Justice for two, and the private sector representative for one year. 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 also is charged with overseeing the functioning and administration of the lower courts and
their personnel.

Government oversight bodies

The Constitution also establishes three independent Constitutional Commissions. The Civil Service
Commission acts as a central agency in charge of government personnel. The Commission on Elections
enforces and administers all election laws and regulations to ensure that they are free and fair for all
involved. Finally, the Commission on Audit examines all funds, transactions, and property accounts of the
government and its agencies. Each of these Commissions is given governing and financial autonomy from the
other branches of government to ensure unbiased decision-making. All decisions made by these Commissions
are reviewable by the Supreme Court. To further ensure the ethical and lawful functioning of the
government, the Constitution also creates an Office of the Ombudsman to investigate complaints regarding
public corruption, unlawful behaviour of public officials, and other public misconduct. The Ombudsman can
then charge such misbehaving public officials before a special court called the Sandiganbayan. The
Ombudsman is also independent administratively and financially from the other branches of government,
although the President is vested with the power to appoint the Ombudsman and his Deputies (from a list also
prepared by the Judicial and Bar Council) for single 7-year terms. Only the House has the power to initiate
impeachment of the President, the members of the Supreme Court, and a few other constitutionally
protected public officials like the Ombudsman. The Senate is then supposed to try the impeachment case.
Each of these aforementioned independent agencies was created for the purpose of promoting moral and
ethical conduct in government.
System of Government under 1987 Constitution

Branch

Hierarchy

Appointment

Powers

Removal

Executive

President

Elected by a direct vote

Cabinet

Nominated by the President and

confirmed by a commission on
appointments

Nominates the Cabinet and

other high officials
Head of Government
Ensures faithful execution of the
laws
Commander-in-Chief of the
Armed Forces
Contracts for foreign loans
Declares martial law

Upon the end of 6

year term
Upon resignation
Upon impeachment
by the legislature
Upon removal by
the President
Upon resignation

Advises the President

Legislative

Senate

Elected by a direct vote

House
of
Representatives

Elected by districts or a party-list

system

Election monitoring
Introduces and passes legislation
by a majority vote
Conductes inquiries in pursuit of
passing legislation
Declares war with joint twothirds vote of Congress
Election monitoring
Introduces and passes legislation
Introduces and passes financial
legislation

Upon resignation
Upon the end of a 6
- year term
Upon resignation
Upon the end of a
3- year term

Branch

Hierarchy

Appointment

Powers

Removal

Conduct inquiries in pursuit of

passing legislation
Declaring war with joint twothirds vote of Congress

Judicial

Supreme Court

Appointed by the President

Administrative supervision over

other courts
Jurisdiction over cases involving
ambassadors and public officials
Constitutional review

Upon resignation
Upon reaching the
age of 70

Issues and Challenges

Issues
Economic development how to ensure that
economic growth also benefits the poorer
classes?
Minority rights how to ensure multi-ethnicity
and pluralism for religious and ethnic
minorities?
De-concentration of power how to reduce the
considerable power of the political and
economic elites and give more actual power to
the people?
Better governance how to make government
more effective in meeting the nations
aspirations?
Spreading growth how to have more even
regional development?

Challenges
Corruption
Poor law enforcement and an ineffective
justice system
Lack of transparency and accountability in
public office
Polarization between the few who are
wealthy and the many who are poor
Weak actual protection of the human
rights of vulnerable groups (women,
children, minorities, journalists, political
activists)
Involvement of the military in political
questions
Ending the Muslim insurgency in southern
Mindanao