Title page, Content, etc.

Title page, Content, etc.

権利

Copyrights 日本貿易振興機構（ジェトロ）アジア

経済研究所 / Institute of Developing

Economies, Japan External Trade Organization

(IDE-JETRO) http://www.ide.go.jp

journal or

publication title

Law and Newly Restored Democracies: The

Philippines Experience in Restoring Political

Participation and Accountability

volume

13

year

2002

IDE Asian Law Series No. 13

Law and Political Development in Asia (Philippines)

Law and Newly Restored Democracies:

The Philippines Experience

in Restoring Political Participation

and Accountability

Dr. Raul C. Pangalangan (Ed.)

Dean, College of Law

University of the Philippines

I

D

E

March 2002

JAPAN

TABLE OF CONTENTS Preface ... i Contributors ... iii Table of Contents... v Introduction ... 1 Raul C. Pangalangan Chapter One “Anointing Power with Piety”: People Power, Democracy and the Rule of Law Raul C. Pangalangan I. Organization ... 7

II. Brief Constitutional History ... 8

A. Malolos Constitution ... 8

B. U.S. “organic acts” ... 8

C. 1935 Constitution ... 9

D. 1973 Constitution ... 9

E. Cory’s Freedom Constitution ... 11

F. The current 1987 Constitution... 12

III. Institutionalization of “Direct Democracy” after EDSA 1 ... 12

IV. A Bogus People’s Initiative to Amend the Constitution ... 13

V. Factual Framework of EDSA 2 ... 15

VI. Reconciling EDSA 2 with Constitutional Traditions ... 17

VII. The State of Philippine Constitutional Discourse ... 20

Conclusion ... 21

Chapter Two Democratization of the Legislative Executive, and Judicial Departments of Government Carmelo V. Sison Introduction ... 23

I. The Legislative Department ... 23

II. The Executive Department ... 31

III. The Judicial Department... 40

Summary... 45

Chapter Three The Revolution After EDSA: Issues of Reconstruction And People Empowerment

Florin T. Hilbay

Introduction ... 49

I. The People Power Constitution ... 51

A. Proportional Representation in the House of Representatives ... 53

B. Initiative and Referendum ... 59

C. The Ombudsman... 62

II. People Power Legislation ... 67

A. The Local Government Code... 67

B. The Code of Conduct and Ethical Standards Law... 75

Conclusion ... 77

Chapter Four Human Rights in the Philippines: Restoration, Recognition and Institutionalization Ibarra M. Gutierrez III Introduction ... 79

I. Recognition and Reform... 81

II. Institutionalized Protection ... 82

III. The Limits of Hope... 85

IV. Broader Guarantees ... 89

V. Defending the Marginalized ... 93

Conclusion ... 95

CONTRIBUTORS

Ibarra M. Gutierrez III is Assistant Professor of Law at the University of the Philippines, where he is Director of the Human Rights Institute and where he teaches Criminal Law. He received his law degree from the University of the Philippines, where he was active in the democratic movement as a writer (as editor of the Philippine Collegian, historic student paper of the University) and mass organizer. He worked briefly immediately after graduation with some of the leading law firms in the Philippines, and soon thereafter worked with a leading lawyers’ NGO, the Alternative Legal Assistance Center. He has also served briefly as spokesman for the government agency which assists the housing needs of urban poor communities.

Florin T. Hilbay is Assistant Professor of Law at the University of the Philippines, where he teaches the law of Public Officers and Local Government Law. He received his law degree from the University of the Philippines; served a Supreme Court clerk with Justice Vicente V. Mendoza, himself a renowned constitutional law scholar; attended Boston College as a Fulbright Visiting Scholar; and received the highest marks nationwide in the Philippine bar examinations. With Professor Carmelo V. Sison, he co-edited the Primer on Impeachment, published by the U.P. Law Center to ensure informed public debate on the impeachment trial of President Joseph Estrada.

Raul C. Pangalangan is Dean and Professor of Law at the University of the Philippines, where he teaches Constitutional Law, Public International Law and Jurisprudence. He received his law degrees at the University of the Philippines and at the Harvard Law School, where he won the Laylin Prize in international law and the Sumner Prize for best paper relating to international peace, and where he recently taught as Visiting Professor of Law. He has published articles in the Philippine Law Journal, the European Journal of International Law, and most recently, in a volume on ethics in international law.

Carmelo V. Sison is Benito Lopez Professor at the University of the Philippines, where he is Director of the Institute for Government and Law Reform and where he teaches inter alia Constitutional Law, Jurisprudence and Torts. He has contributed the chapter in Philippine constitutional law for the International Encyclopaedia of Laws. With Professor Florin T. Hilbay, he co-edited the Primer on Impeachment, published by the U.P. Law Center to ensure informed public debate on the impeachment trial of President Joseph Estrada. He has likewise served in government, as Acting Assistant Secretary of the Department of Science and Technology and as consultant to various agencies.

List of IDE Asian Law Series

No.1 Proceedings of the Roundtable Meeting “Law, Development and Socio-Economic Changes in Asia”

No.2 China’s Judicial System and its Reform

No.3 Judicial System and Reforms in Asian Countries: The Case of India

No.4 The Malaysian Legal System, Legal Practice & Legal Education No.5 The Philippine Judicial System

No.6 The Judicial System in Thailand: An Outlook for a New Century No.7 Legal and Judicial Reforms in Vietnam

No.8 Law and Development in Changing Indonesia No.9 Modernization of Laws in the Philippines No.10 The Indonesian Law on Contracts

No.11 Proceedings of the Roundtable Meeting “Law, Development and Socio-Economic Changes in Asia II”

No.12 Political Change and Legal Reform towards Democracy and Supremacy of Law in Indonesia

No.13 Law and Newly Restored Democracies: The Philippine Experience in Restoring Political Participation and Accountability

No.14 New Legal Frameworks towards Political and Institutional Reform under the New Constitution of Thailand

No.15 Dispute Resolution Process in China No.16 Dispute Resolution Process in India No.17 Dispute Resolution Process in Malaysia

No.18 Dispute Resolution Mechanism in the Philippines No.19 Alternative Dispute Resolution in Thailand No.20 Alternative Dispute Resolution in Vietnam

Published by Institute of Developing Economies (IDE), JETRO 3-2-2 Wakaba, Mihama-ku, Chiba-shi

Chiba 261-8545, JAPAN FAX +81-(0)43-2999731 Web Site: http://www.ide.go.jp e-mail: [email protected]