TABUZO, JANELLE KRISTEN ONG

2018068841
SIL
What is the EDSA People Power of 1986 about and why do we commemorate it yearly (for the past 34 years)?
As provided for Proclamation 345, February 25 should be considered a non-working holiday in
commemoration of the EDSA People Power Revolution. This event ushered the restoration of democracy and
ushered political and economic reforms. 1 At about 34 years ago, the Philippines garnered worldwide attention for
pushing a dictator out of power in a peaceful revolution staged at Epifanio De los Santos Avenue ( EDSA). As stated
by a retired regional trial court judge, “this stage of Philippine history showed the world how the participation of all
sectors of society could effect change.”2 In effect, the EDSA people power revolution showed the world that
bloodshed didn’t have to be shed during an uprising hence there is a need to commemorate it every year.
2. What legal measures have been put in place to ensure that the lessons from the abuses during the
Marcos Martial Law days shall not be repeated?
1. THE 1987 CONSTITUTION.
The 1987 Constitution amended the 1973 constitution as a response to the brutal atrocities that happened
during the Marcos Regime. The preamble of the 1987 constitution provides that:
WE, THE SOVEREIGN FILIPINO PEOPLE, IMPLORING THE AID OF
ALMIGHTY GOD, IN ORDER TO BUILD A JUST AND HUMANE SOCIETY
AND ESTABLISH A GOVERNMENT THAT SHALL EMBODY OUR IDEALS
AND ASPIRATIONS, PROMOTE THE COMMON GOOD, CONSERVE
AND DEVELOP OUR PATRIMONY, AND SECURE TO OURSELVES AND
OUR POSTERITY THE BLESSINGS OF INDEPENDENCE AND
DEMOCRACY UNDER THE RULE OF LAW AND A REGIME OF TRUTH,
JUSTICE, FREEDOM, LOVE, EQUALITY AND PEACE, DO ORDAIN AND
PROMULGATE THIS CONSTITUTION.3
As explained by BERNAS, love is inserted as a monument to the love that prevented the bloodshed in the
February Revolution. Truth on the other hand, is a protest the deception which characterized the Marcos regime
and peace is mentioned as the fruit of the convergence of truth, justice, freedom and love. 4
The 1987 Constitution also diluted the power of the president to declare martial law. Its drafters elaborated
that the purpose of the 1987 Constitution was that it is designed to prevent a rise of another dictatorship that is akin
to the Marcos Regime. Comparing the past constitutions with the present one, the past constitutions specifically the
1935 and the 1973 constitution vested the power to declare martial law solely to the President. Hence, the Congress
had no power to interfere, the Supreme Court on the other hand is only limited to the power of judicial review, such
power to review is merely limited to determine whether the President acted with grave abuse of discretion in
proclaiming martial law.
Under the 1987 Constitution the congress is now authorized to revoke the proclamation of Martial law, and
the Supreme court’s power is not merely limited to judicial review, it may upon the petition by any citizen. Another
pertinent provision in the 1987 Constitution provides that the president is empowered to put the country under
martial law for a maximum of 60 days, and that he must submit a report to the congress within 48 hours from the
proclamation of marital law. The congress may either revoke the proclamation, or extend the period set by the

1
Office of the President, PROCLAMATION NUMBER 865, Declaring Holidays and non-working holidays.
2
Mae Gom-os, Remembering the Lessons of Edsa 86,SUNSTAR CEBU, FEBRUARY 25,2020, available at
https://www.sunstar.com.ph/article/1845806/Cebu/Local-News/Remembering-lessons-of-edsa-
86?fbclid=IwAR1zUfYL7Ooy7g0a_vBjSZVbNIgoNZ20NH8l3WKnyB4jVpFj55B5JBVBZ3Y( last accessed February
25,2020).
3
PHIL CONST PREAMBLE.
4
JOAQUIN G. BERNAS, 1987 CONSTITUTION A COMPREHENSIVE REVIEWER (2011 ed).
president. 5Hence, this would mean that the sole prerogative of declaring martial law at present does not lie within
the president, but it is now shared between the other branches of the government. 6
2. PCGG.
Executive Order Number one was the first executive order under the Cory Administration creating the
Presidential Commission on Good Governance or the PCGG. The PCGG has the power to investigate and
prosecute ill-gotten wealth cases of the former president, his relatives, and associates, ad graft and corrupt
practices cases that may be assigned by the President to the PCGG. The power of the PCGG to investigate
includes the power to conduct preliminary investigations as provided for Sections 2(b) and 3(a) of Executive Order
No. 1 and Sections 1 and 2 of Executive Order No. 14. Therefore, the authority of the PCGG to investigate includes
the authority to conduct preliminary investigation. 7
3. THE COMMISSION ON HUMAN RIGHTS
The Commission on Human rights was created by the 1987 Constitution. It formally came into place when
Executive Order No 163, issued on May 5, 1987, in the exercise of her legislative power at the time. It superseded
the Presidential COMMITTEE on human rights 8
Recalling the deliberation of the Constitutional Commission, it is readily apparent that the delegates
envisioned a Commission on Human Rights that would focus its attention to the more severe cases of human
rights violations.
Delegate Garcia, for instance, mentioned such areas as the “(1)
protection of rights of political detainees, (2) treatment of prisoners and the
prevention of tortures, (3) fair and public trials, (4) cases of disappearances,
(5) salvaging and hamletting, and (6) other crimes committed against the
religious.” While the enumeration has not likely been meant to have any
preclusive effect, more than just expressing a statement of priority, it is,
nonetheless, significant for the tone it has set. In any event, the delegates
did not apparently take comfort in peremptorily making a conclusive
delineation of the CHR’s scope of investigatorial jurisdiction. They have thus
seen it fit to resolve, instead, that “Congress may provide for other cases of
violations of human rights that should fall within the authority of the
Commission, considering its recommendation.9
3. What is the significance of the EDSA People Power to international law and/or international affairs?
The Permanent People’s tribunal is an international option tribunal, independent from any state authorities
which examines cases pertaining to violations of people’s rights. This tribunal operates within the constitutional
framework established by the Universal Declaration of the Rights of the Peoples or most known as the Algiers
Declaration.
A complaint was filed by communist led National Democratic Front and Moro National Liberation front both
groups accused Marcos of committing political and economic crime against the Filipinos. The PPT acted on these
complains and showed that both groups have locus standi since they enjoy status under international society hence
are empowered to enforce the rights of their people by armed struggle if necessary.
The PPT later declared that Marcos is guilty for grave and numerous economic crimes against his own
people . Hence, the PPT recommended that severe punishment for his wrongs must be enacted. Some of the
violations provided for by the PPT are the following : the right to respect of its national and cultural identity; right to
retain peaceful possession of its territory; the right to break free from any colonial and foreign dominations, exclusive
right over national wealth, the right to choose its own economic and social system to pursue its own path of economic

5
Victor Avecilla, Martial law under the 1987 Constitution, MANILA STANDARD.NET, JANUARY 3,2017, available
at https://manilastandard.net/mobile/article/225687 ( last accessed February 25,2020).
6
id
7
Republic of the Philippines vs Philippine Commission on Good Governance, GR 147062-64, (2001)..
8
Simon Jr v. Commission on Human Rights, 229 SCRA 117 (1994).
9
supra
development freely without any foreign interference. The violations during the Marcos regime does not only violate
the Algiers Declaration, but also specific provision in the Universal Declaration of Human Right which the
government acknowledges as binding law since the Philippines is a signatory thereof.10
4. How do the events that gave rise to the EDSA People Power of 1986 relate to International Criminal Law?
On July 17, 1998 the International Criminal Court was established, this was in accordance with the Rome
Statute. The International Criminal Court is a permanent international criminal court for the prosecution of the
perpetrators committing the most serious crimes. However, it should be noted that the ICC is not a substitute for
national courts, it can only assume jurisdiction or intervene over most serious crimes when the state is unable to
carry out investigations and prosecute the perpetrators. In general, the ICC will assume jurisdiction over most
serious crimes subject to the acceptance of the state parties. The establishment of the ICC is also based in two
pillars. The ICC court itself is the judicial pillar and the operation pillar on the other hand, belongs to the state which
is tasked for the enforcement of the orders given by the ICC. 11
It should be noted that the International Criminal Court came into the picture half a decade after the fall of
Marcos. The Philippines became a state party to the Rome Convention on 2011. With its ratification, the Philippines
effectively consented to be bound by the Penal Jurisdiction of the International Criminal Court. 12
Looking back at the atrocities that happened during the Marcos Regime, had the Philippines been a signatory
to the Rome Statue then or consented to be bound by jurisdiction of the International Criminal Court. It should be
noted that during this time, the national state could not carry out investigations and prosecute the perpetrators
because martial law was still in effect, hence has there been an International Criminal Court, Marcos could have
been held accountable for his crimes under the same.13

10
NEWSBREAK, How the international court judged MARCOS, GMA NEWS, March 22,2007, available at
https://www.gmanetwork.com/news/news/nation/35325/newsbreak-how-the-international-tribunal-judged-marcos-
in-1980/story/ ( last accessed February 25,2020).
11
Understanding the International Criminal Court, REGISTRY INTERNATIONAL CRIMINAL COURT, available at
https://www.icc-
cpi.int/iccdocs/PIDS/publications/UICCEng.pdf?fbclid=IwAR1FR8i1zN5tA72iidwQoKthu9CF7X6Z3J55cJ9673ajitP
JTPSZENddlxI
12
id
13
Interaksyon, The Role and Effectiveness of the International Criminal Court, INTERAKSYON, September 5,
2018, available at https://www.interaksyon.com/breaking-news/2018/09/05/133381/jude-sabio-role-international-
criminal-court-philippines-duterte/( last accessed February 25, 2020).