Changing Constitutions: Judicial Review and Redemption in the Philippines

Abstract

CHANGING CONSTITUTIONS: JUDICIAL REVIEW AND REDEMPTION IN THE PHILIPPINES Dante Gatmaytan-Magno* INTRODUCTION A very tenacious campaign to change the Constitution over- shadowed all other issues in Philippine politics in 2006. The cam- paign, ostensibly an initiative launched by the people themselves, pitted the highest officials of the country against elements of civil society in a clash that raised serious constitutional issues. These issues were ultimately elevated to the Supreme Court which, by a razor thin majority, ended the drive to change the Constitution. 1 Constitutional changes strike sensitive nerves in students of Philippine law and history. The first time the Philippine Su- preme Court was involved with constitutional change in 1973, it provided the legal basis for Ferdinand Marcos' dictatorial re- gime. 2 Filipinos were understandably concerned when the drive to amend the Constitution found its way to the Supreme Court's docket again in 2006. Fortunately, the Court resisted political pressure this time and put a stop to the latest attempt to change the Constitution. The Philippine Supreme Court defined its role in the coun- try's democracy through their 1973 and 2006 decisions. This arti- cle studies the politics behind those decisions and is intended as a contribution to the literature on Philippine legal history. I be- lieve that it will also provide important lessons on the role of high courts in the development of democracy. * Associate Professor, University of the Philippines, College of Law; LL.B., University of the Philippines, 1991; M.S.E.L., Vermont Law School, 1995; LL.M., University of California, Los Angeles, 1996, dante.gatmaytan@up.edu.ph. I wish to thank Cielo D. Magno for her many useful comments on previous drafts of this paper and the staff of the UCLA Pacific Basin Law Journal for their editorial suggestions. 1. See Lambino v. Comm'n on Elections, G.R. No. 174153, 505 S.C.R.A. 160 (Oct. 25, 2006) (Phil.). 2. See Javellana v. Executive Secretary, G.R. No. L-36142, 151-A PHIL. REP. 35 (S.C., Mar. 31, 1973).