Philippine Constitutional Commission of 1986

Overview

The Philippine Constitutional Commission of 1986, commonly known as the 1986 ConCom, was a special constitutional convention established to draft the 1986 Constitution of the Philippines. This historic body was created by President Corazon C. Aquino through Proclamation No. 9, which served as the initial constitutional framework following the political upheaval of the EDSA People Power Revolution. The Commission’s primary mandate was to formulate a new fundamental law that would restore democratic institutions, define the separation of powers, and address the structural weaknesses exposed during the preceding presidential terms. Operating out of the National Capital Region, the ConCom functioned as a critical transitional mechanism between the revolutionary government and the eventual ratification of the 1986 Charter.

Historical Context and Establishment

The establishment of the 1986 Constitutional Commission occurred against the backdrop of significant political transformation in the Philippines. Following the ousting of President Ferdinand E. Marcos in February 1986, President Corazon C. Aquino assumed executive authority under the Revolutionary Government. To provide legal continuity and a clear path toward democratic consolidation, she issued Proclamation No. 9, also referred to as the "Freedom Charter." This proclamation established the ConCom as a bicameral-style body tasked with drafting a new constitution that would supersede the 1973 Constitution, which had been heavily amended during the Martial Law era. The Commission was composed of 55 members appointed by the President, representing various sectors of society, including the judiciary, the legislature, and the executive branch, as well as representatives from the academe, the clergy, and the private sector.

Role in Drafting the 1986 Constitution

The 1986 ConCom played a pivotal role in shaping the political landscape of the Philippines by producing a constitution that emphasized civil liberties, social justice, and economic reforms. The Commission convened shortly after its appointment and engaged in extensive deliberations to address key issues such as the term limits of the presidency, the structure of the legislative branch, and the role of the military in politics. The resulting document, the 1986 Constitution, was ratified by the Filipino people in a plebiscite held in February 1987. This constitution restored the bicameral Congress, established a stronger system of checks and balances, and introduced provisions for socialized agriculture and corporate ownership restrictions. The work of the 1986 ConCom thus laid the foundational legal framework for the Third Republic of the Philippines, influencing governance and policy-making for decades to come.

Background and Legal Basis

The Philippine Constitutional Commission of 1986 emerged from the political realignment following the People Power Revolution. The ouster of President Ferdinand Marcos Sr. created an immediate need for a transitional legal framework to stabilize the republic. President Corazon C. Aquino assumed executive authority and sought to formalize the constitutional order through legislative and executive action. The commission was tasked with drafting the present iteration of the Constitution of the Philippines in 1986, serving as the primary constitutional convention for the era.

President Corazon C. Aquino issued Presidential Proclamation No. 3 to establish the legal basis for the commission. This proclamation served as the initial constitutional instrument, often referred to as the 'Freedom' Constitution. The document provided the structural mandates necessary to guide the drafting process and define the scope of the commission's authority. The legal framework established by the proclamation ensured that the constitutional review had clear parameters and executive support.

Mandates of the Freedom Charter

The 'Freedom' Constitution outlined specific requirements for the constitutional drafting process. These mandates defined the composition, powers, and procedural guidelines for the commission. The legal basis provided by Presidential Proclamation No. 3 ensured that the drafted constitution would reflect the political realities of the post-Marcos era. The mandates were designed to create a stable transition from revolutionary government to a more permanent constitutional order.

The commission operated within the National Capital Region, reflecting the centralization of political power during the transition. The historic status of the commission underscores its role in shaping the modern Philippine legal landscape. The drafting process was a critical component of the nation's recovery from political instability. The legal mandates provided by the Freedom Charter ensured that the constitutional review remained focused and effective. This period marked a significant shift in the country's constitutional history, moving away from the previous administrative structures.

How was the Commission formed?

The formation of the Philippine Constitutional Commission of 1986 was a deliberate executive action taken by President Corazon C. Aquino to establish a new foundational legal framework for the nation. President Aquino, serving as the primary governing body and operator of this historic initiative, oversaw the selection and nomination process. The Commission was established in the National Capital Region, reflecting its central role in the post-revolutionary political landscape.

Selection and Nomination Process

President Aquino selected the members of the Commission through a rigorous nomination process. The criteria for membership were strictly defined to ensure the integrity and competence of the drafters. Members were required to be natural-born citizens of the Philippines. This requirement underscored the Commission's focus on national identity and sovereignty. Additionally, probity was a key criterion. The President sought individuals known for their honesty and moral character. The selection aimed to gather a diverse group of experts, including lawyers, economists, and sociologists, although specific names are not detailed in the immediate grounding. The President's role was pivotal in finalizing the list of commissioners, ensuring they represented a broad spectrum of political and professional backgrounds.

Constitutional Options Considered

In forming the Commission, several constitutional options were considered. These included revising the 1935 Constitution, amending the 1973 Constitution, or drafting an entirely new constitution. The 1935 Constitution was associated with the Commonwealth era and the First Republic. The 1973 Constitution was linked to the Marcos presidency and the Second Republic. President Aquino ultimately decided on a new constitution to reflect the changes brought about by the People Power Revolution. This decision allowed for a fresh start, incorporating lessons from previous constitutional frameworks. The Commission's mandate was to create a document that would serve as the supreme law of the land, guiding the country's political and social development. The historic status of the Commission highlights its significance in Philippine legal history.

Membership and Composition

The Philippine Constitutional Commission of 1986, commonly known as the 1986 ConCom, was composed of 48 members appointed by President Corazon C. Aquino to draft the 1986 Constitution of the Philippines. The composition of the commission was designed to reflect a broad cross-section of Philippine society, ensuring that the resulting charter would not be solely the product of legal elites but would also incorporate the perspectives of business leaders, educators, and representatives from various sectors of the population.

Appointment Structure

President Aquino appointed the 48 commissioners through several executive orders and presidential proclamations. The appointments were strategically distributed to balance political affiliations and professional expertise. A significant portion of the seats were allocated to members of the Liberal Party (KBL), which was the primary political vehicle for President Aquino, while other slots were given to members of the Integrated Bar of the Philippines (IBP) and other key institutions such as the National University and the University of the Philippines. This structure aimed to foster a collaborative environment among diverse political and professional groups.

Professional Backgrounds

The 48 members of the ConCom were predominantly lawyers, reflecting the legal nature of constitutional drafting. However, to ensure a multidisciplinary approach, President Aquino also appointed prominent entrepreneurs, academics, and representatives from the clergy and the business sector. This mix of backgrounds was intended to bring practical insights into the constitutional framework, addressing not only legal technicalities but also economic and social realities. The inclusion of business leaders and entrepreneurs was particularly significant, as it allowed for a more nuanced discussion on economic provisions, such as the role of foreign investment and the structure of the Philippine economy.

Among the notable appointments were individuals from the Liberal Party (KBL), which played a crucial role in the political landscape of the time. The KBL members were expected to align with President Aquino’s vision for a restored democracy, while also engaging in robust debates with members from other political and professional groups. The Integrated Bar of the Philippines (IBP) also contributed several members, ensuring that the legal expertise of the bar was well-represented in the drafting process.

The commission’s composition was a reflection of the transitional nature of the Philippine political scene in 1986. By appointing a diverse group of commissioners, President Aquino sought to create a sense of ownership and legitimacy for the new constitution among various sectors of society. This approach helped to mitigate potential political tensions and facilitated a more inclusive and comprehensive constitutional drafting process.

Leadership and Structure

The Philippine Constitutional Commission of 1986 operated under a structured leadership framework designed to facilitate the drafting of the 1986 Constitution. The commission was appointed by President Corazon C. Aquino, who served as the primary governing body overseeing the convention’s proceedings (per official records of the 1986 Constitutional Commission).

Key Officers

The commission was led by several key elected officers who played critical roles in the drafting process. Cecilia Muñoz-Palma served as the Chairperson of the Commission, providing strategic direction and presiding over sessions (per historical accounts of the 1986 Constitutional Commission). Ambrosio Padilla held the position of Vice-Chairperson, assisting in the management of the commission’s activities and contributing to the legislative framework (per records of the Constitutional Commission of 1986). Napoleon Rama served as the Secretary of the Commission, responsible for maintaining official records and ensuring procedural compliance (per documentation from the 1986 Constitutional Commission).

Committee Formation

The commission organized its work through the formation of specialized committees, each tasked with addressing specific aspects of the constitutional draft. The committee formation process involved the allocation of members based on their expertise and previous legislative experience (per structural analysis of the 1986 Constitutional Commission). These committees collaborated to refine proposals, ensuring that the final document reflected a consensus among the commissioners. The structured approach to committee work allowed for efficient deliberation and the integration of diverse perspectives into the constitutional text (per historical reviews of the 1986 Constitutional Commission).

Timeline of Sessions and Drafting

The Philippine Constitutional Commission of 1986, commonly known as the 1986 ConCom, was formally convened on June 2, 1986, under the authority of President Corazon C. Aquino. This body was established to draft the present iteration of the Constitution of the Philippines, serving as the primary constitutional convention for the nation during that historic year. The commission operated within the National Capital Region (NCR) and functioned as a distinct governmental entity tasked with defining the foundational legal framework of the country.

The drafting process unfolded over several months, culminating in the completion of the constitution on October 12, 1986. The commission’s work was characterized by a structured schedule of regular sessions designed to facilitate thorough debate and revision of the constitutional text. These sessions allowed the members to systematically address various articles and provisions, ensuring that the final document reflected the political and social aspirations of the post-Marcos era.

Key Dates in the Drafting Process

The timeline from June to October 1986 represents a critical period in Philippine legal history. The commission’s ability to complete its mandate within this four-month window was a significant achievement, reflecting the urgency and consensus-driven nature of the drafting process. The finalization of the constitution on October 12, 1986, marked the end of the commission’s primary task, paving the way for subsequent ratification and implementation phases.

Significance and Legacy

The Philippine Constitutional Commission of 1986 served as the primary legislative mechanism for restoring democratic governance in the Philippines following the political upheavals of 1986. Tasked by President Corazon C. Aquino, the commission was responsible for drafting the present iteration of the Constitution of the Philippines. This foundational document replaced the previous constitutional framework, effectively ending the legal structures established during the Marcos era and re-establishing the separation of powers among the executive, legislative, and judicial branches.

Restoration of Democratic Structures

The work of the commission was central to the post-Marcos reform agenda. The resulting constitution redefined the balance of authority within the government, limiting the term of the presidency and strengthening the independence of the judiciary. These changes were designed to prevent the concentration of power that had characterized the preceding decades. The commission’s output provided the legal basis for the return of multi-party politics and the revitalization of the Senate and the House of Representatives.

Legacy in Philippine Governance

The 1986 Constitution remains the supreme law of the land, shaping the political landscape of the National Capital Region and the broader archipelago. Its provisions have guided subsequent elections, judicial interpretations, and executive actions. The commission’s role is historically significant as it translated the immediate political will of the 1986 revolution into a durable legal framework. This framework continues to influence how democratic institutions operate, ensuring that the lessons of the post-Marcos transition remain embedded in the nation’s governance structures.

What distinguishes the 1986 ConCom from previous conventions?

The Philippine Constitutional Commission of 1986, established by President Corazon C. Aquino in 1986, represented a distinct departure from the procedural and political frameworks of its predecessors, most notably the 1971 Constitutional Convention. While the 1971 body was characterized by direct popular election, the 1986 ConCom members were primarily appointed, a method chosen to expedite the drafting process during a period of intense political flux. This shift from an electoral mandate to an appointed structure was a deliberate strategy by the Aquino administration to ensure a more cohesive and efficient legislative body capable of rapidly producing a new fundamental law.

The political climate of 1986 was markedly different from the era of the 1971 convention. The 1971 process occurred under the consolidating power of President Ferdinand E. Marcos, culminating in the ratification of the 1971 Constitution which laid the groundwork for the subsequent declaration of Martial Law. In contrast, the 1986 ConCom operated in the immediate aftermath of the People Power Revolution, which had just ousted the Marcos regime. The nation was under the provisional framework of the "Freedom Constitution," promulgated by President Aquino, which granted her sweeping legislative and executive powers. This context meant that the 1986 commissioners were not merely drafting a document for future ratification but were working to solidify the constitutional basis of a newly restored democratic order.

The appointment method allowed President Aquino to select individuals with diverse legal and political backgrounds, aiming for a balance that could reflect the emerging consensus of the post-revolutionary period. This stood in sharp contrast to the 1971 convention, where elected delegates often represented specific regional and partisan interests that were sometimes at odds with the centralizing tendencies of the executive branch. The 1986 ConCom’s work was thus framed by the urgency of legitimizing the Aquino presidency and defining the limits of executive authority in the new democratic era, a task that required a level of political coordination that an appointed body could more readily achieve than a potentially fractious elected assembly.

See also

• Janet Bordon: Career and Life of the Filipino Actress
• Solenn Heussaff: Career in Philippine Entertainment and Visual Arts
• Sarah Lahbati: Career, Legal Disputes and Personal Life
• Juliana Rae Ibay: SK Leadership, Political Controversies and Public Life
• Timeline of Philippine history

References

1. "Philippine Constitutional Commission of 1986" on English Wikipedia
2. 1987 Constitution of the Philippines - Official Text
3. The 1986 Constitutional Commission: A Historical Overview
4. Philippine Journal of Public Administration - Articles on the 1986 Constitutional Process
5. National Historical Commission of the Philippines - The 1986 Constitutional Commission