UNIVERSITY OF THE CORDILLERAS

COLLEGE OF TEACHER EDUCATION

Center of Excellence

Module 9
The Philippine Constitutions

Learning Module

Introduction

Constitution caters for a system of governance of a country that aims to establish a stable
government and rule of law, and which must be abided in all situations. It also provides
protection from arbitrariness and recognizes the rights of the citizens which are never to
be broken. It is important as it guarantees that public opinion is equally represented by
those who make decisions on behalf of the public. It also sets out the forms in which the
people they represent can be kept accountable to those who exercise power.

Hence, for this chapter, we are going to discuss all about Philippine Constitution also
known as the supreme law of the land. This chapter includes the purpose, importance,
and evolution of the constitution responding to the changing situation of the Philippines.

THE PHILIPPINE CONSITUTION

The Philippine constitution has evolved through the years responding to the changing
economic, political, social, and historical landscape of the country. This transition is
unavoidable because a constitution is like a voluntary agreement between the ruler and
the ruled. Like a social contract, there is a mutual protection and welfare between the
two where the people give the elected public officials the right to govern them, in return,
these officials have to serve and protect the people.

Since the installation of Corazon Aquino in power, the 1987 Philippine Constitution served
as a blueprint of governance in the country. However, after Aquino's Administration,
numerous attempts have been made to change this current constitution. Charter
Change (Cha-cha) has been pushed for several political motivations, but the most
intriguing reason is to perpetuate in power the incumbent President and other elected
officials. With its provisions that seriously impede national growth and development, there
is no question that the current constitution needs to be amended. But the timing and
reasons must be clear and agreeable to the Filipino people. To date, President Rodrigo
Duterte is serious in changing the constitution and structure our politics and government
to a federal form. The aim is to increase decentralization and improve access to
resources as well as equitably distribute development opportunities to other regions
outside Imperial Manila. But the most essential question remains: Do Filipinos agree with
constitutional change?

THE PURPOSE OF THE CONSTITUTION

The constitution serves as the

fundamental law of the land. It is the
paramount law onto which all other laws
are based on. If there is a conflict
between the Constitution and an ordinary
law (statute/ordinance), the constitution
will prevail in all respects. It also provides
the essential framework of government
since the essential branches of government are defined and described therein.
Moreover, the essential liberties of people who sojourn in a particular country are
described in it.

Every permanent organization of individuals, whether public or private, must have basic
rules or laws for its establishment and for the conduct of its activities. Our entire national,
state, and local governmental system rests on Constitutions.
In a democracy, the construction of a constitution is a function of the people because
the people exercise sovereignty and, as a result, decide what rules and principles they
want the government to follow. A portion of this

constituent power is delegated by the people to the legislature by allowing it to

participate in the process of amending the Constitution. A Constitution, to be successful,
must be both stable and flexible. It is rigid in that it can be formally changed only by
amendment or replacement entirely. Flexibility is achieved through decisions made by
the legislature, by the chief executive, and by the courts, all of which do introduce
flexibility. Both our national and the State Constitution are a single document and a rigid
variety. The Constitution supports statutory laws as well as regulations and actions
supported by those laws. In government, it establishes the legislative, the executive, and
the judicial branches. The structure of each of these branches is spelled out, e.g., for the
legislature two houses are provided and named and the functions to be performed by
each are specified as well as on restrictions of their functions. The executive offices are
established, and the functions of these offices are specified, and restrictions as well may
be stated. Courts are established and their functions and restrictions are also laid.

The methods of selection of the individuals to fill the positions in the structure are specified.
The requirements of individuals to fill those offices and the length of terms are stated. The
functions to be performed by each, the restrictions on them, and the relationship to other
functions within the structure are provided. A bill of rights is also included in the State
Constitution just as in the National Constitution. These rights are usually stated as
restrictions on the State, although some of the rights are stated directly, the Constitution
may contain statements of various duties of the citizens of the State or activities in which
they may not indulge. The methods of amending or replacing the constitution is also
provided by the constitution itself.

CONSTITUTION OF THE PHILIPPINES

1897: Constitution of Biak-na-Bato

The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine

Republic during the Philippine Revolution and was promulgated by the Philippine
Revolutionary Government on November 1, 1897. The constitution borrowed from Cuba,
and was written by Isabelo Artacho and Félix Ferrer in Spanish, and later on translated
into Tagalog.

The organs of the government under the Constitution were:

• The Supreme Council which was vested with the power of the Republic, headed
by the president and four departments’ secretaries-the interior, foreign affairs,
treasury, and war.
• The Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and
Justice), which was given the authority to make decisions and affirm or disprove
the sentences rendered by other courts and to dictate rules for the administration
of justice.
• The Asamblea de Representantes (Assembly of Representatives), which was to be
convened after the revolution to create a new Constitution and to elect a new
Council of Government and Representatives of the people.

The Constitution of Biak-na-Bato was never fully implemented. The Pact of Biak-na-Bato
was signed between the Spanish and the Philippine Revolutionary Army.

Primary Source: Preamble of the Biak-na-Bato Constitution

The separation of the Philippines from the Spanish monarchy and their formation into an
independent state with its own government called the Philippine Republic has been the
end sought by the Revolution in the aid of the Sovereign vacillator of the Universe for the
attainment of these ends, have voted, decreed, and sanctioned the following political
constitution.

As a direct challenge to colonial authorities of the Spanish empire, the sovereignty was
retroverted to the people, a legal principle underlying the Philippine Revolution. The
people delegated governmental functions to civil servants while they retained actual
sovereignty. The 27 articles of Title IV detail the natural rights and popular sovereignty of
Filipinos, the enumeration of which does not imply the prohibition of any other rights not
expressly stated. Title III. Article V also declares that the State recognizes the freedom and
equality of all beliefs, as well as the separation of Church and State. These are direct
reactions to features of the Spanish government in the Philippines, where the friars were
dominant agents of the state.

The form of government, according to Title II, Article 4 is to

be popular, representative, alternative, and responsible,
and shall exercise three distinct powers-legislative,
executive, and judicial. The legislative power was vested in
an unicameral body called the Assembly of Representatives
which members of are elected for terms of four years.
Secretaries of the government were given seats in the
assembly, which meet annually for a period of at least three
months. Bills could be introduced either by the president or
by a member of the assembly. Some powers not legislative
in nature were also given to the body, such as the right to
select its own officers, right of censure and interpellation, and the right of impeaching the
president, cabinet members, the chief justice of the Supreme Court, and the solicitor
general. A permanent commission of seven, elected by the assembly, and granted
specific powers by the constitution, was to sit during the intervals between sessions of the
assembly.

Executive power was vested in the president and elected by a constituent assembly of
the Assembly of Representatives and special representatives. The president will serve a
term of four years without re-election. There was no vice president, and in case of a
vacancy, a president was to be selected by the constituent assembly. The 1899 Malolos
Constitution was never enforced due to the ongoing war. The Philippines was effectively
a territory of the United States upon the signing of the Treaty of Paris between Spain and
the United States transferring sovereignty of the Philippines on 10 December 1898.

1935 Constitution of the Philippines /The Commonwealth Constitution

It is worth mentioning that after the Treaty of Paris, the Philippines was subject to the
power of the United States of America, effectively the new colonizers of the country. From
1898 to 1901, the Philippines would be placed under a military government until a civil
government would be put into place.

Two acts of the United States Congress were passed that may be considered to have
qualities of constitutionality:

• Philippine Organic Act of 1902, the first organic law for the Philippine Islands that
provided for the creation of a popularly elected Philippine Assembly. The act
specified that legislative power would be vested in a bicameral legislature
composed of the Philippine Commission as the upper house and the Philippine
Assembly as lower house. Key provisions of the act included a bill of rights for
Filipinos and the appointment of two non-voting Filipino Resident Commissioners
of the Philippines as representative to the United States House of Representatives.
• Philippine Autonomy Act of 1916, second act that functioned as a constitution was
commonly referred to as "Jones Law”, which modified the structure of the
Philippine government through the removal of the Philippine Commission,
replacing it with a Senate that served as the upper house and its members elected
by the Filipino voters, the first truly elected national legislature. It was also this Act
that explicitly declared the purpose of the United States to end their sovereignty
aver the Philippines and recognize Philippine independence as soon as a stable
government can be established.

In 1932, with the efforts of the Filipino independence mission led by Sergio Osmeña and
Manuel Roxas, the United States Congress passed the Hare-Hawes-Cutting Act with the
promise of granting Filipinos' independence. The bill was opposed by then Senate
President Manuel L. Quezon and consequently,
rejected by the Philippine Senate. By 1934, the
Tydings-McDuffie Act also known as the
Philippine Independence Act, was passed by
the United States Congress that provided
authority and defined mechanisms for the
establishment of a formal constitution by a
constitutional convention. The members of the
convention were elected and held their first
meeting on 30 July 1934, with Claro M. Recto
unanimously elected as president. The
constitution was crafted to meet the approval of the United States government, and to
ensure that the United States would live up to its promise to grant independence to the
Philippines.

Primary Source: Preamble of the 1935 Commonwealth

The Filipino people, imploring the aid of Divine Providence, in order to establish a
government that shall embody their ideals, conserve and develop the patrimony of the
nation, promote the general welfare, and secure to themselves and their posterity the
blessings of independence under a regime of justice, liberty, and democracy, do ordain
and promulgate this constitution.

The constitution created the Commonwealth of the Philippines, an administrative body

that governed the Philippines from 1935 to 1946. It is a transitional administration to
prepare the country toward its full achievement of independence. It originally provided
for a unicameral National Assembly with a president and vice president elected to a six-
year term without re-election. It was amended in 1940 to have a bicameral Congress
composed of a Senate and a House of Representatives, as well as the creation of an
independent electoral commission, and limited the term of office of the president and
vice president to four years, with one re-election Rights to suffrage were originally
afforded to male citizens of the Philippines who are twenty-one years of age or over and
are able to read and write this was later on extended to women within two years after
the adoption of the constitution.

While the dominant influence in the constitution was American, it also bears traces of the
Malolos Constitution, the German, Spanish, and Mexican constitutions, constitutions of
several South American countries, and the unwritten English Constitution.

The draft of the constitution was approved by the constitutional convention on 8 February
1935, and ratified by then U.S. President Franklin B. Roosevelt on 25 March 1935. Elections
were held in September 1935 and Manuel L. Quezon was elected President of the
Commonwealth.

The Commonwealth was briefly interrupted by the events of the World War II, with the
Japanese occupying the Philippines. Afterward, upon liberation, the Philippines was
declared an independent republic on 4 July 1946.

1943 Constitution of the Republic of the Philippines

The 1943 Constitution of the Republic of the Philippines,

composed of a preamble and twelve articles, creates a
Republican state with a powerful executive branch and
subordinate legislative and judicial branches. The executive
power is vested in the President, who is to be elected by the
members of the National Assembly from among themselves.
The President is the head of government, and commander-
in-chief of the Armed Forces. The powers of the President are
to veto any bill of the Assembly, to promulgate regulations
when the Assembly is not in session and in times of war or
national emergency, to declare martial law, to suspend the privilege of the writ of
habeas corpus, and to appoint the members of the Council of State and officials of the
local government. A limited legislative power is exercised by the unicameral National
Assembly whose members, like the President, are not directly elected by the people.
Rather, the Assembly is to be composed of representatives from each province elected
in Kalibapi conventions throughout the country with appointed governors and mayors as
ex-officio members. The judicial power is exercised by the Supreme Court whose justices,
together with judges of lower courts, are to be appointed by the President. The 1943
Constitution enumerates the duties and rights of the citizens, requires the government to
develop Tagalog as the national language, and stipulates that one year after the
termination of the Great East Asia War or the World War II; a new constitution shall be
formulated and adopted to replace this Constitution.

The 1943 Constitution was the constitution of the Japanese-sponsored Second Republic
of the Philippines (1943-1945). It was recognized as legitimate and binding only in
Japanese-controlled areas of the Philippines but was ignored by the United States
government and the Philippine Commonwealth government in-exile. In June 1943, the
Preparatory Commission for Philippine Independence (PCPI), composed of 20 delegates,
was created to draft a new constitution by the Kalibapi [Kapisanan sa Paglilingkod sa
Bagong Pilipinas], the only political organization allowed at that time. The Japanese
monitored the drafting of the constitution and instructed the members of PCPI, led by
Jose P. Laurel, that the constitution should conform with the principles of the Greater East
Asia Co-Prosperity Sphere. In September 1943, the draft constitution was unanimously
approved by all members of the PCPI and was submitted for ratification in a popular
convention of the Kalibapi in Manila.

1973 Constitution of the Republic of the Philippines

In 1965, Ferdinand E. Marcos was elected president, and in 1967

Philippine Congress passed a resolution calling for a
constitutional convention to change the 1935 Constitution.
Marcos won the re-election in 1969, in a bid boasted by
campaign overspending and use of government funds. Elections
of the delegates to the constitutional convention were held on
20 November 1970, and the convention began formally on 1
June 1971, with former President Carlos P. Garcia being elected
as convention president. Unfortunately, he died, and was
succeeded by another former president Diosdado Macapagal.

Before the convention finished its work, Martial Law was declared. Marcos cited a
growing communist insurgency as reason for the Martial Law, which was provided for in
the 1935 Constitution. Some delegates of the ongoing constitutional convention were
placed behind bars and others went into hiding or were voluntary exiled. With Marcos as
dictator, the direction of the convention turned, with accounts that the president himself
dictated some provisions of the constitution, manipulating the document to be able to
hold on to power for as long as he could. On 29 November 1972, the convention
approved its proposed constitution.

The constitution was supposed to introduce a parliamentary-style government, where

legislative power was vested in a unicameral National Assembly, with members being
elected to a six-year term. The president was to be elected as the symbolic and
ceremonial head of state chosen from the members of the National Assembly. The
president would serve a six-year term and could be re-elected to an unlimited number
of terms. Executive power was relegated to the Prime Minister, who was also the head of
government and Commander-in-Chief of the Armed Forces who was also to be elected
from the National Assembly.

President Marcos issued Presidential Decree No. 73 setting the date of the plebiscite to
ratify or reject the proposed constitution on 30 November 1973. This plebiscite was
postponed later on since Marcos feared that the public might vote to reject the
constitution. Instead of a plebiscite, Citizen Assemblies were held, from 10-15 January
1973, where the citizens coming together and voting by hand, decided on whether to
ratify the constitution, suspend the convening of the Interim National Assembly, continue
Martial Law, or place a moratorium on elections for a period of at least several years. The
President, on 17 January 1973, issued a proclamation announcing that the proposed
constitution had been ratified by an overwhelming vote of the members of the highly
irregular Citizen Assemblies.

The constitution was amended several times. In 1976, Citizen Assemblies, once again,
decided to allow the continuation of Martial Law, as well as approved the amendments:
Interim Batasang Pambansa to substitute for the Interim National Assembly, the president
to also become the Prime Minister and continue to exercise legislative powers until Martial
Law was lifted and authorized the President to legislate on his own on an emergency
basis. An overwhelming majority would ratify further amendments succeeding. In 1980,
the retirement age of members of the judiciary was extended to 70 years. In 1981, the
parliamentary system was formally modified to a French-stylo, semi-presidential system
where be executive power was restored to the president, who was once again, to
directly elected; an Executive Committee was to be created, composed of the Prime
Minister and 14 others, that served as the president's Cabinet; and some electoral reforms
were instituted. In 1984, the Executive Committee was abolished and the position of the
vice president was restored.

After all the amendments introduced, the 1973 Constitution was merely a way for the
President to keep executive powers, abolish the Senate, and by any means, never acted
as a parliamentary system, instead functioned as an authoritarian presidential system,
with all the real power concentrated in the hands of the president.

The situation in the 1980s had been very turbulent. As Marcos amend power, discontent
has also been burgeoning. The tide turned swiftly in August 1983. Benigno Aquino Jr.,
opposition leader and regarded as the most credible alternative to President Marcos,
was assassinated while under military escort immediately after his return from exile in the
United States. There was widespread suspicion that the orders to assassinate Aquino
came from the top levels of the government and the military. This event caused the
coming together of the nonviolent opposition against the Marcos authoritarian regime.
Marcos was then forced to hold snap elections a year early, and said elections were
marred by widespread fraud. Marcos declared himself the winner despite international
condemnation and nationwide protests. A small group of military rebels attempted to
stage a coup, but failed; however, this triggered what came to be known as the EDSA
People Power Revolution of 1986, as people from all walks of life spilled onto the streets.
Under pressure from the United States of America, who used to support Marcos and his
Martial law, the Marcos family fled into exile. His opponent in the snap elections, Benigno
Aquino Jr.'s widow. Corazon Aquino was installed as president on 25 February 1986.

1986 Provisional Constitution Popularly known as the Freedom Constitution

Promulgated by President Corazon C. Aquino on March 25, 1986, was a Provisional

Constitution after a successful People Power Revolution. Under the Freedom Constitution,
executive and legislative powers are exercised by the President, and shall continue to
exercise legislative powers until a legislature is elected and convened under the new
Constitution. Furthermore, the President is mandated to convene a Constitutional
Commission tasked to draft a new charter.

1987 Constitution of the Republic of the Philippines

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 anew 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.

In March 1986, President Aquino proclaimed a transitional constitution to last for a year
while a Constitutional Commission drafted a permanent constitution. This transitional
constitution, called the Freedom Constitution, maintained many provisions of the old one,
including in rewritten form the presidential right to rule by decree. In 1986, a constitutional
convention was created, composed of 48 members appointed by President Aquino from
varied backgrounds and representations. The convention drew up a permanent
constitution, largely restoring the setup abolished by Marcos in 1972, but with new ways
to keep the president in check, a reaction to the experience of Marcos's rule. The new
constitution was officially adopted on 2 February 1987.

The Constitution begins with a preamble and eighteen self-contained articles. It

established the Philippines as a "democratic republican State" where "sovereignty resides
in the people and all government authority emanates from them." It allocated
governmental powers among the executive, legislative, and judicial branches of the
government.

The Executive branch is headed by the president and his cabinet, whom he appoints.
The president is the head of the state and the chief executive, but his power is limited by
significant checks from the two other 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 a majority vote, can revoke this 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.

The legislative power resides in a Congress divided into two Houses: 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-year terms. 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 in the House. Aside from the exclusive power of legislation, Congress may also
declare war, through a two-thirds vote in both upper and lower house. 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 vote in both houses.

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 16-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.

The Constitution also established three independent Constitutional Commissions, namely,

the Civil Service Commission, a central agency in charge of government personnel, the
Commission on Elections, mandated to enforce and administer all election laws and
regulations, and the Commission on Audit, which examines all funds, transactions, and
property 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 complaints 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.
Excerpts of the 1987 Constitution

• Recognition of the aid of Almighty God (Preamble)

• Sovereignty of people (Art II, Sec. 32)
• Renunciation of war as an instrument of national policy (Art. II, Sec 3)
• Supremacy of civilian authority over the military (Art. II Sec 3)
• Separation of the church and state (Art II, Sec 6)
• Recognition of the importance of the family as a basic social institution and of the
vital role of the youth in nation building (Art II. Sec 12, 13; Art. XV)
• Guarantee of Human Rights (Art. III, Sex 1-22)
• Government through suffrage (Art. V, Sec 1)
• Separation of powers (Art. VI, Sec 1)
• Independence of Judiciary (Art VIII, Sec 1)
• Rule of Majority
• Government of laws and not by men

Parts of the Present Constitution

• PREAMBLE ARTICLE IX Constitutional Commissions

• ARTICLE I National Territory
• ARTICLE II Declaration of Principles and State Policies
• ARTICLE III Bill of Rights
• ARTICLE IV Citizenship
• ARTICLE V Suffrage
• ARTICLE VI Legislative Department
• ARTICLE VII Executive Department
• ARTICLE VIII Judicial Department
• ARTICLE X Local Government
• ARTICLE XI Accountability of Public Officers
• ARTICLE XII National Economy and Patrimony
• ARTICLE XIII Social Justice and Human Rights
• ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports
• ARTICLE XV The Family
• ARTICLE XVI General Provisions
• ARTICLE XVII Amendments or Revisions

Changing the Constitution

Changing the Constitution is a perennial issue that crops up, and terms such as "Cha-
Cha: "Con-Ass," and "Con" are regularly thrown around. Article XVII of the 1987
Constitution provides for three ways by which the Constitution can be changed.
Congress (House of Representatives and the Senate) may convene as a Constituent
Assembly (or Con-Ass) to propose amendments to the Constitution. It is not clear,
however, if Congress is to vote as a single 80 body or separately. How the Congress
convenes as a Con Ass is also not provided for in the Constitution.

Another method is through the Constitutional Convention (or Con-Con). where Congress,
upon a vote of twothirds of all its members, calls for a constitutional convention. They
may also submit to the electorate the question of calling a convention through a majority
vote of all its members. In a Con-Con, delegates will propose amendments or revisions to
the constitution, not Congress The 1987 Constitution does not provide for a method by
which delegates to the Con-Con are chosen.

The third method is called the People's Initiative" (or PL). In this method, amendments to
the Constitution may be proposed by the people upon a petition of at least 12% of the
total number of registered voters. All legislative districts must be represented by at least
12% of the registered votes therein. No amendment is allowed more than once every five
years.

Amendments or revision to the constitution shall be valid only when ratified by a majority
of the votes cast in a national referendum. 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
to promote moral and ethical conduct in the government.

Attempts to Amend or Change the 1987 Constitution

The 1987 Constitution provided for three methods by which the Constitution can be
amended, all requiring ratification by a majority vote in a national referendum. These
methods were Constituent Assembly, Constitutional Convention, and People's Initiative.
Using these modes there were efforts to amend or change the 1987 Constitution, starting
with the presidency of Fidel V. Ramos who succeeded Corazon Aquino. The first attempt
was in 1995, when then Secretary of National Security Council Jose Almonte drafted a
constitution, but it was exposed to the media, and it never prospered. The second effort
happened in 1997, when a group called PIRMA hoped to gather signatures from voters
to change the constitution through a people's initiative. Many were against this, including
the Senator Miriam Defensor Santiago, who brought the issue to court and won with the
Supreme Court judging that a people's initiative cannot push through without an
enabling law.

The succeeding president, Joseph Ejercito Estrada, formed a study commission to

investigate the issues surrounding charter change focusing on the economic and
judiciary provisions of the constitution. This effort was also blocked by different entities.
After President Estrada was replaced by another People Power and succeeded by his
Vice President, Gloria Macapagal Arroyo, then House Speaker Jose de Venecia
endorsed constitutional change through a Constituent Assembly, which entails a two-
thirds vote of the House to propose amendments or revision to the Constitution. This
initiative was also not successful since the term of President Arroyo was mired in
controversy and scandal, including the possibility of Arroyo extending her term as
president, which the Constitution does not allow.

The administration of the succeeding President Benigno Aquino III had no marked interest
in charter change, except those emanating from different members of Congress,
including the Speaker of the House, Feliciano Belmonte Jr., who attempted to introduce
amendments to the Constitution that concern economic provisions that aim toward
liberalization. This effort did not see the light of day.

Federalism in the Philippines was supported by President Duterte in the 2016

presidential elections, saying that it will evenly distribute wealth in the Philippines
instead of concentrating it in Manila, the capital of the country. As a form of
government, a central governing authority and constituent political units
constitutionally share sovereignty Applied to the Philippines, the country will be broken
into autonomous regions. Each region will be further divided into local government
units. The regions will have the primary responsibility of industry development, public
safety and instruction, education, healthcare, transportation, and many more. Each
region will also take charge of their own finances, plans for development, and laws
exclusive to their area. The national government, on the other hand, will only handle
matters of national interest such as foreign policy and defense, among others. In this
system, it is possible for the central government and the regions to share certain powers
Our current system is that of a unitary form, where administrative powers and resources
are concentrated in the national government Mayors and governors would have to
rely on allocations provided to them through a proposed budget that is also approved
by the national government, a system prone to abuse. There are many pros to a federal
form of government. Each region may custom fit solutions to problems brought about
by their distinct geographic, cultural, social, and economic contexts. Regions also
have more power over their finances, since they handle the majority of their income
and only contribute a small portion to the national government. They can choose to
directly fund their own development projects without asking for the national
government's go signal. A federal system could also promote specialization since the
national government could focus on nationwide concerns while regional governments
can take care of administrative issues.
A federal form of government could also solve a lot of decade old problems of the
country. It may be a solution to the conflict in Mindanao, since a separate Bangsamoro
region could be established for Muslim Mindanao, It could address the inequality in
 wealth distribution and lessen the dependence to Metro Manila, since regions con
proceed with what they have to do without needing to consider the situation in the
capital.
There are also cons to federalism. While it creates competition among regions, it could
also be a challenge to achieving unity in the country. There might be regions which
are not ready to govern themselves, or have lesser resources, which could mire them
deeper in poverty and make development uneven in the country. There could be
issues regarding overlaps in jurisdiction, since ambiguities may arise where national
ends and regional begins, or vice versa. As a proposed solution to the conflict in
Mindanao, we must also remember that the Autonomous Region in Muslim Mindanao
(ARMM) has already been created, and the conflict continues. Federalism may not be
enough for those who clamor for separation.
Any effort to shift the system of government also entails costs, and it would not be
cheap. It would cost billions to dismantle the current system and would take a long
time before the system normalizes and irons out its complications.

In an upsurge of populism, President Rodrigo Duterte won the 2016 presidential elections
in a campaign centering on law and order and proposing to reduce crime. He is also a
known advocate of federalism, a compound mode of government combining a central
or federal government with regional governments in a single political system. This
advocacy is in part an influence of his background, being a local leader in Mindanao
that has been mired in poverty and violence for decades. On December 7, 2016,
President Duterte signed an executive order creating a consultative committee to review
the 1987 Constitution.