Power Play- The Constitution and the People Challenging It

The supremacy clause postulates that the Constitution is the fundamental law of the land and all other laws must be in accordance to it, otherwise it is not a law. Furthermore, the Constitution adheres to the doctrine of trias politica wherein the three great government branches- the executive, legislative and judiciary are supreme in their own spheres. The executive is tasked to enforce the laws made by the legislative and the judiciary as the interpreter of the laws. Otherwise put, each of the branches has individual liberty to perform their respective functions assigned by the Constitution. Consequently, the principle of checks and balances subsist to ensure that none of them becomes excessively powerful.

However, many attempts were made to challenge the Constitution. In 2006, there was a move to amend Articles VI and VII of the Constitution changing the government form from bicameral-presidential to unicameral-parliamentary.[1] This was not successful because in 1997, RA 6735 or the Initiative and Referendum Act was declared to be insufficient to provide for mechanism to govern initiatives for constitutional amendments.[2] A charter change was also proposed during the incumbency of President Gloria Arroyo. Recently, the incumbent President Benigno Aquino expressed his openness to charter change lifting the term limitation for presidents. [3]

The Legislative was granted with the power to make laws. However, the power to amend the Constitution or to propose amendments thereto is not included in the general grant of legislative powers top Congress.[4] Nevertheless, history will tell us that the Constitution can and may be amended. But to whom does the power to amend the Constitution belong if that power is not within the Legislative- the one who is delegated to make the laws?

The 1987 Philippine Constitution made emphasis that the Philippines is a democratic and republican state.[5]  Quoting Abraham Lincoln in his speech regarding democracy, “that this nation under God, shall have a new birth of freedom...and that government of the people, by the people and for the people, shall not perish from the Earth.”

“Of the people, for the people, by the people” But what power does the Constitution grant to its people? Retrospectively, the 1987 Constitution was born out of people power. It is part of the inherent powers of the people, as the repository of sovereignty in a republican state, such as ours- to make and hence, to amend their own Fundamental Law.[6]  

Be that as it may, the amendments or the revisions to the Constitution shall be in accordance the Constitution itself. However, the Constitution does not seem to provide a clear procedure for amendments and revision.[7] Even RA 6735 is inadequate as regards mechanisms for initiatives.

Another issue surrounding constitutional amendment is the Bangsamoro Basic Law (BBL). On one hand, some are saying that it is prima facie unconstitutional, that there will be a state within a state. On the other, of course they say that it is not, that it is according to the Constitution and it is for the benefit of the people; that the incongruities in Mindanao region will already be settled.

President Aquino in one of his speeches said that he could not feel that the Constitution balances the three branches properly. The Supreme Court seems to have greater power.[8] The Constitution is continuously being challenged with regard to the separation of powers. Although the people have the inherent power to amend the Constitution, the three government branches seem to be more powerful and yet, they are not satisfied with the powers granted to them.

Shall we push through with the amendment or revision of some constitutional provisions then?

The Constitution as the Fundamental Law of the land shall remain to be fundamental. To allow such change in the fundamental law is to set adrift the Constitution in unchartered waters, to be tossed and turned by every dominant political group of the day.[9]

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[1] Lambino vs. COMELEC G.R 174153

[2] Santiago vs. Comelec 270 SCRA 106

[3] http://www.rappler.com/nation/66171-aquino-open-charter-change

[4] Gonzales vs. COMELEC 21 SCRA 774

[5] Section 1 Article II of the 1987 Philippine Constitution

[6] Id.

[7] The 1987 Philippine Constitution: A commentary by Fr. J. Bernas, 2009

[8] Id.

[9] Id.