The 1987 Philippine Constitution Is Flawed At Every Turn

Headphones - Big AvatarUnfortunately for Filipinos, the Philippine Constitutional Commission of 1986 which created the current 1987 Constitution, set up a system that has consistently produced presidents who do not have a majority mandate. The 1987 Constitution did not support the creation of a two-party system which would enable the electoral winner to emerge with an absolute majority, and instead, allows for multiple candidates to run for president. The real dilemma here is that allowing multiple candidates to run for President of the Philippines invariably results in splitting the vote in three ways or more, in which there is a big possibility that the candidate who emerges with the most number of votes merely wins with a plurality, but unfortunately does not have a majority (more than 50%) of all votes cast. A President who does not get a majority of all votes cast is a Minority President.

Having a minority president is obviously a major disadvantage and creates a crisis of governance. In fact, it is a curse. Minority Presidents are always disadvantaged, because Philippine media has always had the tendency to pander to the preferences of the public. A minority president with say, 40% of the vote, will have 60% of the electorate stacked against him as they did not vote for him, making him vulnerable to gripes, complaints, and negative articles published in the papers.

Democracy DefinitionEvery single Philippine President who came after the late President Cory C. Aquino has been a minority president. Former President Fidel Ramos only had 23.5% of the entire vote thanks to so many rival candidates running for the presidency in the 1992 elections. Ousted former President Joseph “Erap” Estrada was a minority president, having just around 40% of the entire number of votes cast. And in 2004, former President Gloria Macapagal-Arroyo was also a minority president with around 38% of all votes cast. It is no surprise, therefore, that all of them were often presented unfavorably by media during their term.

In fact, the current and outgoing president, President Benigno Simeon Aquino III is himself a minority president as his mandate was just around 42%, with roughly 58% of the electorate having voted for another candidate.

Now, lest we think that Minority Presidents are extremely common around the world, the fact is that in a majority of countries that allow for multiple candidates for President such as France, numerous countries in Latin America, countries using a presidential system in Eastern Europe, Indonesia, Afghanistan, and even East Timor, the prospect of a Minority President (a president with less than 50% of all total votes cast) is thoroughly avoided through provisions for a second round of elections called the “Run-Off.”

The dynamics for holding Two-Round elections are simple: The first round of elections pits all candidates, say, 3 or more candidates for President against each other. After they slug it out in the first round, the top 2 candidates who emerge from the first round are then pitted against each other in the Run-Off election, where a week or more after the first round, everyone goes back to the polling stations to vote in the second round “Run-Off.” Since there are only two candidates in a run-off, a clear majority-winner will emerge. It is in such an electoral system where people who voted for other candidates during the first round are then forced to “choose the lesser evil” during the “Run-Off” round. At the very least, voters can choose whom they really want during the first round, and if their favorite candidate was eliminated after the first round, it’s during the run-off where they throw their support behind one of the two candidates.

Opponents of the constitutional reform in Armenia promised round the clock protestsHere is an example: France’s 2002 Elections. The first round of elections saw numerous candidates slugging it out with Gaullist re-electionist Jacques Chirac coming out on top and with Right-wing “Neo-Nazi” and anti-immigration Front National candidate Jean-Marie Le Pen snatching second place. As there were too many candidates, Jacques Chirac did not get a majority of the vote, so a Run-Off had to be held exactly one week after, pitting the top two candidates from the first round  against each other. The Run-Off was an amazing display of solidarity among the French in order to avoid allowing a “Neo-Nazi” like Le Pen to emerge victorious. Everyone from the Left – Communists, Socialists, even people who had formerly hated the right-of-center Gaullists with a vengeance, went in all-out support for Jacques Chirac in order to ensure the defeat of far right, ultra-nationalist, anti-immigration Front National candidate Le Pen.

Alas, the 1987 Constitution made absolutely no provisions for a run-off election, nor did the Constitution’s framers find it important to avoid having a minority president. That is a major defect.

Unfortunately, this inherent defect in the 1987 Constitution cannot be fixed unless the Constitution is amended. That is exactly what a Constitutional Amendment is all about: If something is missing, needs to be removed, or changed in the Constitution (never mind if it’s a word or a punctuation mark), the Constitution needs to be amended. There is unfortunately no real way around it. The 1987 Constitution is defective and needs thorough revision, if not an overhaul.

Excerpt from: The CoRRECT Movement


Just a regular "Joe" who decided the rat-race in the states was getting to ridiculous for words, and made the move to the Asian side of life.

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