The 1987: CONSTITUTION AFTER MARTIAL LAW.

Kayla Dela Peña
28 Nov 202117:35

Summary

TLDRThe video script delves into the history and significance of the 1987 Philippine Constitution, crafted under President Corazon Aquino after the Marcos dictatorship. It outlines the Constitution's structure, detailing the branches of government, their powers, and the roles of key commissions. The script also touches on various attempts at constitutional amendments and the concept of charter change, highlighting the complexities and challenges involved in modifying the foundational legal document of the Philippines.

Takeaways

  • 📜 The constitution is a set of fundamental principles or established precedents according to which a nation or state is governed.
  • 🌟 Corazon Aquino, the first female president of the Philippines, played a pivotal role in the creation of the 1987 constitution after martial law.
  • 🏛️ The 1987 Philippine Constitution aimed to limit presidential powers and re-establish a bicameral congress, moving away from the previous dictatorial structure.
  • 📝 President Aquino's government had three options for the constitution: revert to the 1935 Constitution, retain the 1973 Constitution with reform powers, or create a new one.
  • 📜 The new constitution was drafted to reflect the aspirations and ideas of the Filipino people, emphasizing democratic principles.
  • 📆 In 1986, a Constitutional Convention was established, composed of 48 members appointed by President Aquino, to draft the new constitution.
  • 🏢 The 1987 Constitution established the Philippines as a democratic republic, with a clear division of powers among the executive, legislative, and judicial branches.
  • 👩‍⚖️ The Supreme Court and lower courts hold the judicial power, tasked with settling legal disputes and controversies.
  • 🛠️ Constitutional changes in the Philippines can be proposed through people's initiative, assembly, or constitutional convention.
  • 🔄 Various attempts have been made to amend the 1987 Constitution, with varying degrees of success, reflecting the complexities and challenges of constitutional reform.

Q & A

  • What is the definition of a constitution according to the script?

    -A constitution is defined as a set of fundamental principles or established precedents according to which a nation is governed, implying that it is a set of rules guiding how a country, state, or political organization operates.

  • Who was Corazon Aquino and what was her role in the 1987 Constitution?

    -Corazon Aquino, also known as Maria Corazon Cojuangco Aquino, was a Filipino politician who served as the 11th President of the Philippines and the first female president. She oversaw the drafting of the 1987 Constitution, which limited the powers of the presidency and re-established the bicameral congress.

  • What were the three options available to the Aquino government regarding the constitution after martial law?

    -The Aquino government had three options: revert to the 1935 Constitution, retain the 1973 Constitution with the power to make reforms, or start a new constitution to break from the dictatorial past.

  • What was the transitional constitution proclaimed by President Aquino in March 1986?

    -The transitional constitution, also known as the Freedom Constitution, was proclaimed by President Aquino in March 1986 to last for a year, during which a constitutional commission drafted the permanent constitution.

  • What were the main functions of the 1986 Constitutional Convention?

    -The 1986 Constitutional Convention was created to draft a new constitution that would restore democratic principles and prevent the return of a dictatorial government. It was composed of 48 members with diverse backgrounds and representations.

  • What is the significance of the preamble in the 1987 Philippine Constitution?

    -The preamble in the 1987 Constitution establishes the Philippines as a democratic republic state where sovereignty resides in the people and all government authority emanates from them.

  • How is the executive power distributed according to the 1987 Constitution?

    -The executive power is vested in the President of the Philippines, who is the head of state and government, and functions as the commander-in-chief of the armed forces. The President also has control over various offices and bureaus.

  • What are the three commissions established by the 1987 Constitution?

    -The three commissions are the Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit. They are responsible for government personnel, elections, and government financial audits, respectively.

  • What is the role of the Office of the Ombudsman in the executive branch?

    -The Office of the Ombudsman is in charge of promoting ethical and lawful conduct in government, investigating complaints related to corruption and unlawful behavior of public officials.

  • What are the methods for proposing amendments to the 1987 Constitution?

    -Amendments to the 1987 Constitution can be proposed by one of three methods: people's initiative, constitutional assembly, and constitutional convention.

  • What was the significance of Proclamation No. 58 issued by President Aquino?

    -Proclamation No. 58 announced the official canvassing of the results and the ratification of the draft constitution, marking the full force of the 1987 Constitution.

Outlines

00:00

📜 Introduction to the Philippine Constitution

The script introduces the concept of a constitution as a set of fundamental principles guiding a nation's governance. It highlights the 1987 Philippine Constitution, drafted under President Corazon Aquino, who was the first female president of the Philippines. The constitution was created to replace the previous dictatorial regime and was designed to reflect the aspirations of the Filipino people. It established a democratic republic with a bicameral congress and limited presidential powers, marking a significant shift from the 1973 constitution.

05:01

🏛️ The Structure of the Philippine Government

This paragraph delves into the structure of the Philippine government as outlined in the 1987 Constitution. It details the separation of powers among the executive, legislative, and judicial branches. The executive power is vested in the President, who is both the head of state and government. The legislative power is exercised by the Senate and the House of Representatives, while the judicial power is held by the Supreme Court and lower courts. The paragraph also mentions the three constitutional commissions responsible for civil service, elections, and audit, as well as the Office of the Ombudsman, which promotes ethical conduct in government.

10:02

📜 Constitutional Reforms in the Philippines

The script discusses the history of constitutional changes in the Philippines, noting that there have been six constitutions since the country's independence. It focuses on the 1987 Constitution and the various attempts to amend it, including the People's Initiative and the Constitutional Convention. It mentions several failed attempts to change the constitution, such as those by President Estrada and President Arroyo, and touches on President Duterte's advocacy for federalism, which led to the creation of a consultative committee to review the 1987 Constitution.

15:04

🎶 Music and Foreign Elements

This paragraph seems to be a placeholder or an error in the script, as it contains only musical notes and the word 'foreign,' followed by more musical notes. There is no substantial content to summarize in this section of the script.

Mindmap

Keywords

💡Constitution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. In the video, the 1987 Constitution of the Philippines is discussed, which is a key document that outlines the framework of the government and the rights of its citizens. It is central to the video's theme of understanding the political and legal history of the Philippines.

💡Cory Aquino

Corazon Aquino, also known as 'Cory,' was the 11th President of the Philippines and the first female president. She played a pivotal role in the drafting of the 1987 Constitution, which marked a significant shift from the dictatorial regime of Ferdinand Marcos. The video highlights her contributions to the restoration of democracy and the establishment of a new constitutional framework for the country.

💡Bicameral Congress

A bicameral congress refers to a legislative body that is divided into two separate assemblies or houses, which is a common feature in many democratic systems. In the context of the video, the 1987 Constitution re-established the bicameral congress in the Philippines, which consists of the Senate and the House of Representatives, to provide checks and balances on the executive power.

💡Dictatorial Government

A dictatorial government is a form of autocratic rule characterized by a single ruler or small group of rulers with absolute power. The video discusses the transition from the dictatorial regime of Marcos to a more democratic system under Aquino, emphasizing the importance of the 1987 Constitution in preventing the return to such a form of governance.

💡Constitutional Convention

A constitutional convention is a gathering of representatives or delegates for the purpose of drafting or amending a constitution. The video mentions the creation of a constitutional convention in 1986, composed of 48 members appointed by President Aquino, which was tasked with drafting the new constitution that would guide the Philippines towards a more democratic future.

💡Executive Power

Executive power refers to the authority vested in the highest office of the government, typically the president or prime minister. In the video, it is explained that the 1987 Constitution of the Philippines vests executive power in the President, who is both the head of state and the head of government, with responsibilities including the appointment of cabinet secretaries and overseeing various government offices.

💡Judicial Power

Judicial power is the authority of the courts to interpret and apply the law. The video describes the judicial power in the Philippines as being vested in the Supreme Court and lower courts, emphasizing their role in settling legal disputes and ensuring the rule of law.

💡Ombudsman

An ombudsman is an official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or corruption. In the video, the Office of the Ombudsman is mentioned as an institution within the executive branch that promotes ethical and lawful conduct among government officials.

💡Constitutional Reform

Constitutional reform refers to the process of amending or modifying a constitution. The video discusses various attempts at constitutional reform in the Philippines, including the efforts to change the 1987 Constitution through different methods such as people's initiative, constitutional assembly, and the creation of a consultative committee under President Duterte.

💡Federalism

Federalism is a political system in which power is divided between a central government and regional governments. The video mentions President Duterte's advocacy for federalism as part of his vision for constitutional reform, aiming to create a system that balances central authority with regional autonomy.

Highlights

Introduction of the concept of a constitution as a set of fundamental principles guiding a political organization.

Corazon Aquino's role as the 11th President of the Philippines and her involvement in drafting the 1987 Constitution.

The 1987 Constitution's establishment of a democratic republican state with sovereignty residing in the people.

Limitation of presidential powers and re-establishment of bicameral congress in the 1987 Constitution.

Three options considered by the Aquino government for the constitution: reverting to the 1935 Constitution, retaining the 1973 Constitution, or starting anew.

Creation of a Constitutional Convention in 1986 to draft the new Constitution, reflecting the aspirations of the Filipino people.

The transitional 'Freedom Constitution' of 1986, which maintained many provisions of the old Constitution.

The executive power vested in the President of the Philippines as per the 1987 Constitution.

Appointment powers of the President, including cabinet secretaries and other key government officials.

The legislative power distribution among Senators and House Representatives in the Philippine government.

The judiciary's role in settling actual controversies and its composition in the Philippine court system.

The division of the Constitution into three commissions: Civil Service Commission, Commission on Elections, and Commission on Audit.

The Office of the Ombudsman's role in promoting ethical and lawful conduct of government officials.

Historical overview of the six constitutions in the Philippines since the proclamation of independence.

The process of constitutional reform in the Philippines, including the methods of proposing amendments.

Failed attempts to amend the 1987 Constitution in 1995 and 1997 due to various challenges and controversies.

President Duterte's advocacy for federalism and the creation of a consultative committee to review the 1987 Constitution.

Overview of the different attempts at charter change and their outcomes across various Philippine administrations.

Transcripts

play00:02

[Music]

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hello everyone my name is jefferson

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lloyd a de la cruz

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first year

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bs and criminology

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hello everyone my name is de la pena

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first year bsn

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criminology college from bs in

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criminology

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hey you

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do you know what is a constitution is

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the constitution is defined as a set of

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fundamental principle or established

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presentence according to which a

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governed thus the word itself means to

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be part of a wool the coming together of

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distinct entities into one group with

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the same principles and ideas so a

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constitution is a set of rules that

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guide how a country state or other

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political organization works the 1987

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constitution after martial law but first

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let's find out who corazon aquino is in

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what part she played in

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1987 constitution after martial

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corazon aquino

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well known as

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maria horizon corey sumulunko

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aquino was a filipina politician who

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served as the 11th president of the

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philippines from february 25 1986

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to june 30 1982

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a six years of service

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she was the first female president of

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the philippines

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aquino

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oversaw the drafting of the 1987

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constitution which limited the powers of

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the presidency and re-establish the

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bicameral congress

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successfully removing the previous

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dictatorial government structure

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the president carlson aquino government

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had three options regarding the

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constitution

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first reverted to the 1935 constitution

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or by the ebal 1935 the constitution

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which is the commonwealth constitution

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second retain the 1973 constitution and

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be granted to the power to make reforms

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so he added 1973 constitution

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presidential marcos tapos

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last start a new and break from the

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vestiges of the disgraced dictatorial

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ship

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dictatoria so what did grasson latino

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government choose

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so they decided to make a new

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constitution that according to the

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president herself should be truly

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reflected to the aspirations and ideas

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of the filipino people so amping in

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in march 1986 president aquino

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proclaimed the transitional constitution

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to last for a year where a conventional

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commission drafted the permanent

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constitution so on march 1986 negligence

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the transitional constitution called the

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freedom constitution maintain many

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provisions of the old one including the

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rewriting for the presidential right

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rights to rule by the decree so

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maramidin

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so in 1986 a constitutional convention

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was created composed of 48 members

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appointed by the president aquino from

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the varied backgrounds and

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representations the

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the convention draw of the permanent

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constitution largely restoring the setup

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abolished by marcos in 1972 but with the

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new ways to keep the prevention in check

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and reaction to the experience of marcus

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ruth so nervous

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1970

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president

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because it will lead to another

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dictatorial ship

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on february 2 1987 the new constitution

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was officially adapted the constitution

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begins with the pre-humble eighth and

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self-contained article it established

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the philippines as the democratic

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republican state where sovereignty

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resided in the people in all government

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authority emanates from them it

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allocates government powers among the

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executive legislative and judicial

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branches of the government

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the executive branch

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according to the article 7 section 1 of

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the constitution states that

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the executive power shall be vested to

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the president of the philippines this

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means that the president is the head of

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the state and head of the government and

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functions as the commander-in-chief of

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the armed forces of the philippines

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he she controls over all the offices and

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bureaus

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like the president the vice president

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the cabinet the local government senate

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president

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speaker of the house

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representatives and many more

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and the appointment of cabinet

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secretaries to executive department

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according to the article 9 section 16

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the president may appoint anyone

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first is the executive secretary

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agrarian reform

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second is the executive secretary

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agricultural energy or they are called

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the

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alter egg alter ego of the president and

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the respect respective department

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in the local governments we have

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legislative power under under that we

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have

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senators

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24 senators elected by a large popular

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vote

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and house representatives composed of

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the district

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all all over the philippines

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in the philippine court system

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judiciary and under under to the

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judiciary supreme courts and lower

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courts

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in supreme courts there are 15 members

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in court

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in charge in overseeing functioning

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and

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administration

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of the lower courts

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the constitution

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is divided into three commissions

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first is the civil service commission or

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the csc

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the second one is the commission on

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election or the comelec the third

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is

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commission on

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audit the first one is the civil service

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commission a central agency in charge

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in charge of a government personnels

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the second one is the commission of

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election commission on elections or the

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community they are the ones to

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enforce and administers all elections

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laws and regulations

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the third one is the commission on audit

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they are they examines all funds

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transactions

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and

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property accounts of the government

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but in

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the executive branch is

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the office of ombudsman in charge the

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office of

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ombudsman is in charge to promote the

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the

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ethical

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ethical and lawful conduct of government

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they investigate complaints pertain to

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corruption unlawful behavior of public

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officials and other misconflict

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hello once again so i'm gonna continue

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the discussion

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the philippine court system is beasted

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with the power of the judiciary

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so the judicial power rests with the

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supreme court in the lower courts

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its duty to settle

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the actual controversies

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involving rights which are legally

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demandable and enforceable so it is

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disagreements between two sides

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the next is the constitutional changes

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so in the philippines

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we had a total of six constitutions

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since the proclamation of the

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independence day on june 12 1818

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so

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we're gonna follow us

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on the constitution that

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created by the

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first and

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by the first

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woman

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president

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korean democracy was restored in 1986

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president corazon

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c aquino

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issued proclamation number three

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suspending certain provision of the 1973

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constitution and pro

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promulgating

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in its stead

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a transit story constitution

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a month later president aquino issued

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proclamation number 9

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1986

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which created a constitution

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constitutional constitutional commission

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task for the writing a new charter third

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place

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the 1973.

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the commission finished its work at 12

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28 a.m

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of the october 16 1986.

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so

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in february 11 1987 by virtue of

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proclamation number 58 president aquino

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announced the official canvassing of

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the result and the ratific ratification

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of the draft constitution

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the 1987 constitution finally came into

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full force in fact that's the same day

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with the president

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other civilians officials and the

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members of the armed forces

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swearing

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allegiance to the new charter

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so this constitutional reform in the

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philippines also known as the chatter

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change

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refers to the political and legal

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constitution

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legal processes needed to amend the

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current 1987

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processes

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97 constitution

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so under the common interpretation of

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the constitution amendments can be

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proposed by one of the three

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methods first the people's

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initiative

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second

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assembly and the third is the

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constitutional convention

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attempts to amend or change the 1987

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constitution in 1995

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it was drafted by jose almonte the

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secretary of national security council

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and it was exposed to media and it never

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prospered

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prospered or not successful

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in 1997

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where group of people gathered different

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signatures from voters to the chains to

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change the constitution they are called

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perma pi

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perma it is through

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people's initiative to change the

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constitution

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however

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in supreme court judging initiated by

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senator miriam defensor santiago brought

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up the issue to court and won

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she strongly believed that people's

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initiative cannot push through without

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enabling the law

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next is

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president joseph jersito estrada

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he formed a study commission to

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investigate charter change that focuses

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on the economic and judiciary provisions

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of the constitution

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but it was blocked by different entities

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and not successfully implemented

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the next attempt happened after the

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replacement of president estrada

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through people power and succeeded by

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vice president

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gloria mahapagal arroyo where house

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speaker jose de vinicia

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endorsed to amend a constituent assembly

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that entails two-thirds of vote of the

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house to propose

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revisions to the constituent

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but still

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it was not successful since the term of

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president arroyo was mired in

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controversy and scandal

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in the administration of president

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binigno aquino there is no mark or

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interest

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in charter change

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except those emanate from different

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members of congress

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house speaker

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phyllis um

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feliciano belmonte

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attempted to introduce amendments

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that concerns economic provisions that

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aim for

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liber liberalization

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in the time of president duterte

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he is known to advocate federalism

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this made of government combining a

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central

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or equal federal government with

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regional governments

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and

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in

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political system

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this advocate

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is in part

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as influence

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from his background being a vocal leader

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in mindanao

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december 7

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2016

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he signed

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an executive order

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creating

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a consultative

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committee to review the 1987

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constitution

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the time

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[Music]

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[Music]

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is

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[Music]

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[Music]

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[Music]

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[Music]

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[Music]

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foreign

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[Music]

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you

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Philippine ConstitutionCory AquinoGovernment StructurePolitical ReformConstitutional HistoryPhilippinesDemocracyLegal SystemPresidential PowerConstitutional Convention
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