1

History of Philippine Constitutions

Malolos Congress
It is known as the La Constitucin poltica de Malolos and was
written in Spanish. Following the declaration of independence from
Spain by the Revolutionary Government, a congress was held in
Malolos, Bulacan in 1899 to draw up a constitution. It was the first
republican constitution in Asia. The document declares that the
people have exclusive sovereignty. It states basic civil rights, the
separation of church and state, and calls for the creation of an
Assembly of Representatives which would act as the legislative
body. It also calls for a Presidential form of government with the
president elected for a term of four years by a majority of the
Assembly. The Malolos Constitution established Spanish as the
official language of the Philippines.
The Preamble reads:
"Nosotros los Representantes del Pueblo Filipino,
convocados legtimamente para establecer la justicia,
proveer a la defensa comn, promover el bien
general y asegurar los beneficios de la libertad,
implorando el auxili del Soberano Legislador del
Universo para alcanzar estos fines, hemos votado,
decretado y sancionado la siguiente"
(We, the Representatives of the Filipino people, lawfully convened,
in order to establish justice, provide for common defense, promote
the general welfare, and insure the benefits of liberty, imploring the
aid of the Sovereign Legislator of the Universe for the attainment of
these ends, have voted, decreed, and sanctioned the following)
Commonwealth and Third Republic (1935)
23 March 1935: Seated, left to right: George H. Dern, Secretary of
War; President Franklin D. Roosevelt, signing the Constitution of the
Commonwealth of the Philippines; Manuel L. Quezon, President,
Philippine Senate
The 1935 Constitution of the Philippines was written in 1934,
approved and adopted by the Commonwealth of the Philippines
(1935-1946) and later used by the Third Republic of the Philippines
(1946-1972). It was written with an eye to meeting the approval of
the United States Government as well, so as to ensure that the U.S.
would live up to its promise to grant the Philippines independence
and not have a premise to hold on to its "possession" on the
grounds that it was too politically immature and hence unready for
full, real independence.
The Preamble reads:
"The Filipino people, imploring the aid of
Divine Providence, in order to establish a
government that shall embody their ideals,
conserve and develop the patrimony of the
nation, promote the general welfare, and
secure to themselves and their posterity the
blessings of independence under a regime
of justice, liberty, and democracy, do ordain
and promulgate this constitution."
The original 1935 Constitution provides, inter alia, for a unicameral
Legislature and a single six-year term for the President. It was
amended in 1940 to have a bicameral Congress composed of a
Senate and House of Representatives, as well the creation of an
independent Commission on Elections. The Constitution limited the
President to a four-year term with a maximum of two consecutive
terms in office.
A Constitutional Convention was held in 1971 to rewrite the 1935
Constitution. The convention was stained with manifest bribery and
corruption. Possibly the most controversial issue was removing the
presidential term limit so that Ferdinand E. Marcos could seek
election for a third term, which many felt was the true reason for
which the convention was called. In any case, the 1935 Constitution
was suspended in 1972 with Marcos' proclamation of martial law,
the rampant corruption of the constitutional process providing him
with one of his major premises for doing so.
Second Republic (1943)
2

The 1943 Constitution of the Republic of the Philippines was
drafted by a committee appointed by the Philippine Executive
Commission, the body established by the Japanese to administer
the Philippines in lieu of the Commonwealth of the Philippines which
had established a government-in-exile. In mid-1942, Japanese
Premier Hideki Tojo had promised the Filipinos "the honor of
independence" which meant that the commission would be
supplanted by a formal republic.
The Philippine Independence Committee tasked with drafting a new
constitution was composed, in large part, of members of the pre-war
National Assembly and of individuals with experience as delegates
to the convention that had drafted the 1935 Constitution. Their draft
for the republic to be established under the Japanese Occupation,
however, would be limited in duration, provide for indirect, instead of
direct, legislative elections, and an even stronger executive branch.
Upon approval of the draft by the Committee, the new charter was
ratified in 1943 by an assembly of appointed, provincial
representatives of the KALIBAPI, the organization established by the
Japanese to supplant all previous political parties. Upon ratification
by the Kalibapi assembly, the Second Republic was formally
proclaimed (1943-1945). Jos P. Laurel was appointed as President
by the National Assembly and inaugurated into office in October of
1943. Laurel was highly regarded by the Japanese for having openly
criticized the U.S. for the way they ran the Philippines and because
he had a degree from Tokyo International University.
The 1943 Constitution remained in force in Japanese-controlled
areas of the Philippines, but was never recognized as legitimate or
binding by the governments of the United States or of the
Commonwealth of the Philippines and guerrilla organizations loyal to
them. In late 1944, President Laurel declared that a state of war
existed with the United States and the British Empire and proclaimed
martial law, essentially ruling by decree. His government in turn went
into exile in December, 1944, first to Taiwan and then Japan. After
the announcement of Japan's surrender, Laurel formally proclaimed
the Second Republic as dissolved.
Until the 1960s, the Second Republic, and its officers, were not
viewed as legitimate or as having any standing, with the exception of
the Supreme Court whose decisions, limited to reviews of criminal
and commercial cases as part of a policy of discretion by Chief
Justice Jose Yulo continued to be part of the official records (this
was made easier by the Commonwealth never constituting a
Supreme Court, and the formal vacancy in the chief justice position
for the Commonwealth with the execution of Jose Abad Santos by
the Japanese). It was only during the Macapagal administration that
a partial, political rehabilitation of the Japanese-era republic took
place, with the recognition of Laurel as a former president and the
addition of his cabinet and other officials to the roster of past
government officials. However, the 1943 charter was not taught in
schools and the laws of the 1943-44 National Assembly never
recognized as valid or relevant.
The Preamble reads:
"The Filipino people, imploring the aid
of Divine Providence and desiring to
lead a free national existence, do
hereby proclaim their independence,
and in order to establish a government
that shall promote the general welfare,
conserve and develop the patrimony
of the Nation, and contribute to the
creation of a world order based on
peace, liberty, and moral justice, do
ordain this Constitution."
The 1943 Constitution provided strong executive powers. The
Legislature consisted of a unicameral National Assembly and only
those considered as anti-US could stand for election, although in
practice most legislators were appointed rather than elected.

Fourth Republic (1973)
The 1973 Constitution of the Republic of the Philippines,
promulgated after Marcos' declaration of martial law, provides for a
parliamentary form of government. Legislative power was vested in
a National Assembly whose members were elected for six-year
3

terms. The President was elected as the symbolic head of state from
the Members of the National Assembly for a six-year term and could
be re-elected to an unlimited number of terms. Upon election, the
President ceased to be a member of the National Assembly. During
his term, the President was not allowed to be a member of a political
party or hold any other office. Executive power was exercised by the
Prime Minister who was also elected from the Members of the
National Assembly. The Prime Minister was the head of government
and Commander-in-Chief of the armed forces. This constitution was
subsequently amended three times.
On 22 September 1976, President Marcos issued Presidential
Decree No. 1033 proposing amendments to the Constitution, which
was later on ratified and included in the 1973 Constitution. The
amendments provide, among other things, for the replacement of the
National Assembly by the Batasang Pambansa. It also states that
the incumbent President of the Philippines shall be the Prime
Minister, and shall continue to exercise legislative powers until
Martial Law has been lifted. Amendments were done again in 1981
which re-established a parliamentary form of government with a
president elected by direct vote of the people. In reality, these
amendments had little effect at the time due to the ongoing Marcos
dictatorship; however, Marcos did, at least in name, dissolve martial
law at about this time and conduct (highly questionable) elections,
which he unsurprisingly "won". Presidential Proclamation No. 3,
popularly known as the 1986 Provisional Freedom Constitution, was
the most far reaching set of amendments to the 1973 constitution
that it was almost a constitution in its own right. However, it is really
a large set of amendments which superseded and abolished certain
provisions from the constitution. It granted the President certain
powers to remove officials from office, reorganize the government
and hold a new constitutional convention to draft a new constitution.
Following the EDSA People Power Revolution that removed
President Ferdinand E. Marcos from office, the new President,
Corazon C. Aquino issued Proclamation No. 3 and the adoption of a
provisional constitution that would prepare for the next constitution
which became the 1987 constitution.
The Philippine Constitution
The Constitution of the Republic of the Philippines (In Filipino:
Ang Konstitusyon ng Republika ng Pilipinas), ratified on February 2,
1987, is the fourth fundamental law to govern the Philippines since it
became independent on July 4, 1946. First, the 1935 Constitution,
which became fully operational after the Inauguration of the Third
Philippine Republic. Second, the 1973 Constitution, which was
promulgated during Martial Law and became fully operational only
after the lifting of Martial Law in 1981. Third, the 1986 Provisional
"Freedom" Constitution, which was promulgated on March 25 by
President Corazon C. Aquino after the successful People Power
Revolution in 1986.
[Importance of the Study
The Constitution of the Republic of the Philippines provides that
"(1) All educational institutions shall include the study of the
Constitution as part of the curricula."

As the basic and fundamental law of the land, the Constitution of the
Republic of the Philippines is the sole instrument that affects the
very core of Filipino nationhood, for sovereignty resides in the
people and all government authority emanates from them. In this
light, it is imperative that every Filipino, regardless of status and
profession, should learn the foundation and operation of his
government in order to guarantee a successful Philippine Republic.

History of Philippine Constitutions
The 1897 Constitution of Biak-na-Bato, or Constituciong Halal sa
Biak-na-Bato, promulgated by the Philippine Revolutionary
Government on November 1, 1897, is the provisionary Constitution
of the Philippine Republic during the Revolution against Spain. It
provides that the Supreme Council, vested with the supreme power
of government, shall conduct foreign relations, war, the interior, and
the treasury.
The 1899 Political Constitution of the Republic, known as the
Malolos Constitution, was approved by President Emilio Aguinaldo
4

on January 21, 1899 and served as the Constitution of the First
Philippine Republic. It provides for a parliamentary form of
government, but the President, and not a Prime Minister, acts as the
head of government. Legislative power is exercised by the Assembly
of Representatives of the Nation, and judicial power is lodge in a
Supreme Court.
The 1935 Constitution of the Philippines, ratified on May 17,
1935, establishes the Commonwealth of the Philippines, defining its
powers, composition and organization as it function as the
Government of the Philippine Islands. It is based on the principle of
separation of powers among the three branches of government.
Executive power is vested in the President and shall serve for a
single-six year term. Legislative power is vested in a unicameral
National Assembly, and judicial power is exercised by the Supreme
Court. It also provides that upon proclamation of Philippine
Independence, the Commonwealth of the Philippines shall be known
as the Republic of the Philippines.
The 1939 Amendment -- The amendments liberalized all laws and
made few changes on the economic provisions of the Tydings-
Mcduffie Law.
The 1940 Amendments -- The amendments, by virtue of Resolution
No. 73, provide for the establishment of a bicameral Congress,
composed of a Senate and a House of Representatives, and limits
the term of office of the President to four years, but may continue to
serve for a maximum of eight years. The amendment also provides
for the creation of a Commission on Elections.
The 1947 Amendment -- known as the Parity Amendment, gave
Americans equal rights with Filipinos in the exploitation of Philippine
Natural resources.
The 1943 Constitution of the Republic of the Philippines, or the
Constitution of the Second Philippine Republic, was ratified by the
general assembly of the KALIBAPI. It is based on the system of
separation of powers among the executive, legislative, and the
judiciary. It served as a temporary constitution, for it stipulated that
one year after the end of the World War II, it shall be replaced by a
new constitution.
The 1973 Constitution of the Republic of the Philippines, or Ang
Saligang Batas ng Pilipinas, ratified by the Citizens Assemblies on
January 17, 1973, provides for a shift from a presidential form of
government to a parliamentary system. The President serves as a
symbolic head of State, executive power is exercised by the Prime
Minister with the assistance of the Cabinet, and legislative power is
vested in a unicameral National Assembly. In 1976, the National
Assembly was replaced by the Batasang Pambansa, by virtue of PD
1033 issued by President Ferdinand Marcos.
The 1973 Constitution as amended (amended in 1981 and 1984)
provides for a semi-parliamentary form of government, where the
President, no longer acts as a symbolic head, but acts as the head
of state and the chief executive. The Office of the President has
been restored to its original status under the 1935 Constitution.
Legislative power is vested in a unicameral Batasang Pambansa.
The Prime Minister, who is subordinated to the President, acts as
the Head of the Cabinet.
The 1986 Provisional Constitution, popularly known as the
Freedom Constitution, promulgated by President Corazon C. Aquino
on March 25, 1986, was a provisional constitution after a successful
People Power Revolution. Under the Freedom Constitution,
executive and legislative powers are exercised by the President, and
shall continue to exercise legislative powers until a legislature is
elected and convened under a new Constitution. Furthermore, the
President is mandated to convene a Constitutional Commission
tasked to draft a new charter.