The 1987 Constitution: A chronological narrative
After more than 20 years in power, President Ferdinand Marcos bowed to domestic and international pressure, and announced that snap elections will be held in February 7, 1986. Notwithstanding he had been reelected President only five years earlier—when he ran against former Secretary of Defense Alejo Santos—the snap elections was evidently an attempt by the ailing autocrat to stabilize his regime by lending it some sort of popular legitimacy.
The February 7, 1986 elections pit the powerhouse administration tandem of President Marcos and MP Arturo Tolentino of the Kilusang Bagong Lipunan (KBL) against the United Democratic Opposition (UNIDO) candidates: Corazon C. Aquino, widow of martyred opposition Senator Benigno S. Aquino Jr., and former Senator Salvador H. Laurel.
Eight days after an election characterized by voter intimidation and violence, the Batasang Pambansa, dominated by Marcos allies, proclaimed him reelected based on the official Commission on Elections (COMELEC) results. In protest against the massive electoral fraud, Minority Leader and former House Speaker Jose B. Laurel Jr. led an opposition walkout from the election proceedings.
The fallout from the elections led to immense international and internal pressure on the Marcos regime. Political and military defections rocked the government, culminating in a failed coup attempt lead by Defense Minister Juan Ponce Enrile and Armed Forces Vice Chief of Staff Gen. Fidel V. Ramos. This was followed by a call to mass action by civil society and the Catholic hierarchy.
On February 25, the Philippines had the unusual situation of having two Presidents. Marcos had taken his oath in Maharlika Hall (later renamed Kalayaan Hall), administered by Chief Justice Ramon Aquino, with a throng of loyalists assembled in the Palace grounds. Meanwhile, Mrs. Aquino took her oath in Club Filipino, administered by Associate Justice Claudio Teehankee. According to the 1973 Constitution, the oath of the President was:
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God.” [In case of affirmation, the last sentence is omitted.]
However, Mrs. Aquino’s oath avoided making any reference to the constitution in force and revised the Presidential oath as follows:
“I, Corazon C. Aquino, do solemnly swear that I will faithfully and conscientiously fulfill my duties as President of the Philippines, to serve and defend its fundamental laws, execute its just laws, do justice to every man, and consecrate myself to the service of the nation. So help me God.”
That night, the beleaguered Marcos, his family, and cronies fled Malacañan Palace aboard American helicopters. They would be taken to Clark Air Base en route to exile in Hawaii. On the same day, Mrs. Aquino issued Proclamation No. 1, declaring she and Salvador Laurel had taken over the powers of the Presidency and the Vice Presidency, respectively. Their claim to power, as stated, was derived from “the sovereign will of the Filipino people as manifested in the Snap Elections of February 7, 1986.”
With Marcos gone, the newly established government considered three options for reconstituting the republic:
First was to do away with all Marcosian influence and return to the 1935 constitution, which was in use until the September 23, 1972 declaration of Martial Law. Members of her government, such as Information Minister Teodoro Locsin Jr., argued that the 1973 Constitution was never ratified. This was, however, seen as impossible because institutions, such as the bicameral legislature, had been abolished by Marcos and a general elections would have to be called.
The second option was to retain the 1973 Constitution promulgated under Marcos, which stipulated, among others, a unicameral legislature that was elected in 1984 for a yet unexpired five-year term. Put forward by retired Supreme Court Associate Justice and MP Cecilia Muñoz-Palma and MPs Marcelo Fernan and Homobono Adaza, they considered it possible for the President to reform government with the current constitution. All that the Batasan Pambansa, which was now allied to President Aquino, needed to do was nullify their initial proclamation of Marcos and enact a law granting President Aquino extraordinary powers to reform government. President Aquino, however, was wary of this option as she did not want to derive legitimacy and power from the very institutions that she fought.
Lastly, and most radical, was a clean break, a fresh start from the vestiges of a disgraced dictatorship, as suggested by Fr. Joaquin Bernas, S.J. and others.
Subsequently, President Aquino issued Proclamation No. 2, on March 2, 1986, further reinstalling democratic institutions by lifting the suspension of the writ of habeas corpus.
The decision was finally made as to what constitution to adopt a month after the EDSA Revolution. On March 25, 1986, President Aquino issued Proclamation No. 3 suspending certain provisions of the 1973 Constitution and promulgating in its stead a transitory constitution to pave the way for a new charter to replace the 1973 Constitution. This was to be drafted by an appointed commission and ratified by the people in a plebiscite.
A Constitutional Commission, tasked with drafting a new charter, was created by virtue of Proclamation No. 9, issued on April 23, 1986. The Executive Issuance outlined guidelines for the election, rules, and restrictions for the members of the said commission. The Con-Com was first to be presided over by Vice President Salvador H. Laurel until such time as it elected its own leaders. On June 2, 1986, the commission started its work and elected Cecilia Muñoz-Palma as President, former Senator Ambrosio B. Padilla as Vice President, and Veteran Journalist Napoleon G. Rama as Floor Leader.
Five months after its first session, the Con-Com of 1986 finished its work. On October 12, 1986, Delegate Serafin V. C. Guingona delivered his sponsorship speech for the second reading of the entire draft of the constitution. [Read the speech of Commissioner Guingona]
Thereafter, they moved to vote for the passage of the draft in the Second Reading. A total of 44 delegates voted for the draft and two delegates voted against it with no abstentions. Their session for October 12, 1986 ended at 7:53 p.m.
Three days later, the final session of the Con-Com was held. Toward the end of the session, Cecillia Muñoz-Palma delivered her closing remarks as the President of the commission. [Read the closing remarks of Con-Com President Muñoz-Palma]
The final session of the 1986 Constitutional Commission ended at 12:28 a.m. of October 16, 1986. The body then motioned for the approved draft to be submitted to the President for her consideration and proper action of ratification. Aside from the draft, the commission also submitted to the President a suggested date for the referendum.
A national plebiscite was held three months after the submission of the draft Constitution to the President. On February 2, 1987, the nation was asked to answer the question “Do you vote for the ratification of the proposed Constitution of the Republic of the Philippines with the Ordinance appended thereto?” in order to put the Constitution into effect. After the National vote, a board of canvassers was convened on February 4, 1987 and finished its work three days after. The results showed 76.30 percent (16,622,111 voters) of the population voted for the ratification of the Constitution; 22.74 percent (4,953,375 voters) voted against it; and 0.96 percent (209,780 voters) abstained.
President Aquino, soon after the end of canvassing, issued Proclamation No. 58, which announced the official canvassing of results and the ratification of the draft constitution. The 1987 Constitution finally came into full force and effect on February 11, 1987 with the President, other civilian officials, and members of the Armed Forces swearing allegiance to the new charter.
