The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines

the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties. History of Philippine Constitutions
Malolos Congress:
It is known as the La Constitucin pol tica de !alolos and was written in "panish. #ollowing the declaration of independence from "pain b$ the %evolutionar$ &overnment, a congress was held in !alolos, 'ulacan in ()** to draw up a constitution. It was the first republican constitution in +sia. The document declares that the people have e,clusive sovereignt$. It states basic civil rights, the separation of church and state, and calls for the creation of an +ssembl$ of %epresentatives which would act as the legislative bod$. It also calls for a -residential form of government with the president elected for a term of four $ears b$ a ma.orit$ of the+ssembl$. The !alolos Constitution established "panish as the official language of the -hilippines.

Commonwealth and Third Republic (19 !":

The (*/0 Constitution of the -hil was written in(*/1, approved and adopted b$ the Commonwealth of the -hilippines 2(*/03(*145 and later used b$ theThird %epublic of the -hilippines 2(*143(*675. It was written with an e$e to meeting the approval of the 8nited "tates &overnment as well, so as to ensure that the 8.". would live up to its promise to grant the -hilippines independence and not have a premise to hold on to its 9possession9 on the grounds that it was too politicall$ immature and hence unread$ for full, real independence. The original (*/0 Constitution provides, inter alia, for a unicameral Legislature and a single si,3$ear term for the -resident. It was amended in (*1: to have a bicameralCongress composed of a "enate and ;ouse of %epresentatives, as well the creation of an independent Commission on <lections. The Constitution limited the -resident to a four3$ear term with a ma,imum of two consecutive terms in office. + Constitutional Convention was held in (*6( to rewrite the (*/0 Constitution. The convention was stained with manifest briber$ and corruption. -ossibl$ the most controversial issue was removing the presidential term limit so that #erdinand <. !arcos could seek election for a third term, which man$ felt was the true reason for which the convention was called. In an$ case, the (*/0 Constitution was suspended in (*67 with !arcos= proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his ma.or premises for doing so.

#econd Republic (19$ ":

The (*1/ Constitution of the %epublic of the -hilippines was drafted b$ a committee appointed b$ the

-hilippine <,ecutive Commission, the bod$ established b$ the >apanese to administer the -hilippines in lieu of the Commonwealth of the -hilippines which had established a government3in3e,ile. In mid3 (*17, >apanese -remier ;ideki To.o had promised the #ilipinos 9the honor of independence9 which meant that the commission would be supplanted b$ a formal republic. The -hilippine Independence Committee asked with drafting a new constitution was composed, in large part, of members of the pre3war ?ational +ssembl$ and of individuals with e,perience as delegates to the convention that had drafted the (*/0Constitution. Their draft for the republic to be established under the >apanese @ccupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger e,ecutive branch. 8pon approval of the draft b$ the Committee, the new charter was ratified in (*1/ b$ an assembl$ of appointed, provincial representatives of the A+LI'+-I, the organiBation established b$ the >apanese to supplant all previous political parties. 8pon ratification b$ the Aalibapi assembl$, the "econd %epublic was formall$ proclaimed 2(*1/3(*105. >osC -. Laurel was appointed as -resident b$ the ?ational +ssembl$ and inaugurated into office in @ctober of (*1/. Laurel was highl$ regarded b$ the >apanese for having openl$ criticiBed the 8.". for the wa$ the$ ran the -hilippines and because he had a degree from Tok$o International 8niversit$. The (*1/ Constitution remained in force in >apanese3controlled areas of the -hilippines, but was never recogniBed as legitimate or binding b$ the governments of the 8nited "tates or of the Commonwealth of the -hilippines and guerrilla organiBations lo$al to them. In late (*11, -resident Laurel declared that a state of war e,isted with the 8nited "tates and the 'ritish <mpire and proclaimed martial law, essentiall$ ruling b$ decree. ;is government in turn went into e,ile in December, (*11, first to Taiwan and then >apan. +fter the announcement of >apan=s surrender, Laurel formall$ proclaimed the "econd %epublic as dissolved. 8ntil the (*4:s, the "econd %epublic, and its officers, were not viewed as legitimate or as having an$ standing, with the e,ception of the "upreme Court whose decisions, limited to reviews of criminal and commercial cases as part of a polic$ of discretion b$ Chief >ustice >ose Eulo continued to be part of the official records 2this was made easier b$ the Commonwealth never constituting a "upreme Court, and the formal vacanc$ in the chief .ustice position for the Commonwealth with the e,ecution of >ose +bad "antos b$ the >apanese5. It was onl$ during the !acapagal administration that a partial, political rehabilitation of the >apanese3era 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. ;owever, the (*1/ charter was not taught in schools and the laws of the (*1/311 ?ational+ssembl$ never recogniBed as valid or relevant. The (*1/ Constitution provided strong e,ecutive powers. The Legislature consisted of a unicameral ?ational +ssembl$ and onl$ those considered as anti38" could stand for election, although in practice most legislators were appointed rather than elected.

%ourth Republic (19& ":

The (*6/ Constitution of the %epublic of the -hilippines, promulgated after !arcos= declaration of martial law, provides for a parliamentar$ form of government. Legislative power was vested in a ?ational +ssembl$ whose members were elected for si,3$ear terms. The -resident was elected as the

s$mbolic head of state from the !embers of the ?ational +ssembl$ for a si,3$ear term and could be re3 elected to an unlimited number of terms. 8pon election, the -resident ceased to be a member of the ?ational +ssembl$. During his term, the -resident was not allowed to be a member of a political part$ or hold an$ other office. <,ecutive power was e,ercised b$ the -rime !inister who was also elected from the !embers of the ?ational+ssembl$. The -rime !inister was the head of government and Commander3in3Chief of the armed forces. This constitution was subseFuentl$ amended three times. @n 77 "eptember (*64, -resident !arcos issued -residential Decree ?o. (:// proposing amendments to the Constitution, which was later on ratified and included in the (*6/ Constitution. The amendments provide, among other things, for the replacement of the ?ational +ssembl$ b$ the 'atasang -ambansa. It also states that the incumbent -resident of the -hilippines shall be the -rime !inister, and shall continue to e,ercise legislative powers until !artial Law has been lifted. +mendments were done again in (*)( which re3established a parliamentar$ form of government with a president elected b$ direct vote of the people. In realit$, these amendments had little effect at the time due to the ongoing !arcos dictatorshipG however, !arcos did, at least in name, dissolve martial law at about this time and conduct 2highl$ Fuestionable5 elections, which he unsurprisingl$ 9won9. -residential -roclamation ?o. /, popularl$ known as the (*)4 -rovisional #reedom Constitution, was the most far reaching set of amendments to the (*6/ constitution that it was almost a constitution in its own right. ;owever, it is reall$ a large set of amendments which superseded and abolished certain provisions from the constitution. It granted the -resident certain powers to remove officials from office, reorganiBe the government and hold a new constitutional convention to draft a new constitution. #ollowing the <D"+ -eople -ower %evolution that removed -resident #erdinand <. !arcos from office, the new -resident,CoraBon C. +Fuino issued -roclamation ?o./ and the adoption of a provisional constitution that would prepare for the ne,t constitution which became the (*)6 constitution.

The Philippine Constitution:

The Constitution of the %epublic of the -hilippines 2In#ilipinoH +ng Aonstitus$onng %epublika ng -ilipinas5, ratified on #ebruar$ 7, (*)6, is the fourth fundamental law to govern the -hilippines since it became independent on >ul$ 1, (*14. #irst, the (*/0 Constitution, which became full$ operational after the Inauguration of the Third -hilippine %epublic. "econd, the (*6/ Constitution, which was promulgated during!artial Law and became full$ operational onl$ after the lifting of !artial Law in (*)(. Third, the (*)4 -rovisional 9#reedom9 Constitution, which was promulgated on !arch 70 b$ -resident CoraBon C. +Fuino after the successful -eople -ower %evolution in (*)4. '(mportance of the #tudy) The Constitution of the %epublic of the -hilippines provides that 9 2(5 +ll educational institutions shall include the stud$ of the Constitution as part of the curricula.9 +s the basic and fundamental law of the land, the Constitution of the %epublic of the -hilippines is the sole instrument that affects the ver$ core of #ilipino nationhood, for sovereignt$ resides in the people and all government authorit$ emanates from them. In this light, it is imperative that ever$ #ilipino, regardless of status and profession, should learn the foundation and operation of his government in order to guarantee a successful -hilippine %epublic.

History of Philippine Constitutions

The 1*9& Constitution of +ia,- na - +ato, or Constituciong ;alal sa 'iak3na3'ato , promulgated b$ the -hilippine %evolutionar$ &overnment on ?ovember (, ()*6, is the provisionar$ Constitution of the -hilippine %epublic during the %evolution against "pain. It provides that the "upreme Council, vested with the supreme power of government, shall conduct foreign relations, war, the interior, and the treasur$. The 1*99 Political Constitution of the Republic, known as the Malolos Constitution, was approved b$ -resident <milio +guinaldo on >anuar$ 7(, ()** and served as the Constitution of the #irst -hilippine %epublic. It provides for a parliamentar$ form of government, but the -resident, and not a -rime !inister, acts as the head of government. Legislative power is e,ercised b$ the +ssembl$ of %epresentatives of the ?ation, and .udicial power is lodge in a "upreme Court. The 19 ! Constitution of the Philippines, ratified on !a$ (6, (*/0, establishes the Commonwealth of the -hilippines, defining its powers, composition and organiBation as it function as the &overnment of the -hilippine Islands. It is based on the principle of separation of powers among the three branches of government. <,ecutive power is vested in the -resident and shall serve for a single3si, $ear term. Legislative power is vested in a unicameral ?ational +ssembl$, and .udicial power is e,ercised b$ the "upreme Court. It also provides that upon proclamation of -hilippine Independence, the Commonwealth of the -hilippines shall be known as the %epublic of the -hilippines. The 19 9 .mendment 33 The amendments liberaliBed all laws and made few changes on the economic provisions of the T$dings3!cduffie Law. The 19$/ .mendments 33 The amendments, b$ virtue of %esolution ?o. 6/, provide for the establishment of a bicameral Congress, composed of a "enate and a ;ouse of %epresentatives, and limits the term of office of the -resident to four $ears, but ma$ continue to serve for a ma,imum of eight $ears. The amendment also provides for the creation of aCommission on <lections. The 19$& .mendment 33 known as the -arit$ +mendment, gave +mericans eFual rights with #ilipinos in the e,ploitation of -hilippine ?atural resources.The (*1/ Constitution of the %epublic of the -hilippines, or the Constitution of the "econd -hilippine %epublic, was ratified b$ the general assembl$ of the A+LI'+-I. It is based on the s$stem of separation of powers among the e,ecutive,legislative, and the .udiciar$. It served as a temporar$ constitution, for it stipulated that one $ear after the end of theIorld Iar II, it shall be replaced b$ a new constitution. The 19& Constitution of the Republic of the Philippines, or .ng #aligang +atasng Pilipinas, ratified b$ the CitiBens +ssemblies on >anuar$ (6, (*6/, provides for a shift from a presidential form of government to a parliamentar$ s$stem. The -resident serves as a s$mbolic head of "tate, e,ecutive power is e,ercised b$ the -rime !inister with the assistance of the Cabinet, and legislative power is vested in a unicameral ?ational +ssembl$. In (*64, the ?ational +ssembl$ was replaced b$ the 'atasang -ambansa, b$ virtue of -D (:// issued b$ -resident #erdinand !arcos. The 19& Constitution as amended 2amended in (*)( and (*)15 provides for a semi3parliamentar$ form of government, where the -resident, no longer acts as a s$mbolic head, but acts as the head of state and the chief e,ecutive. The @ffice of the -resident has been restored to its original status under the (*/0 Constitution. Legislative power is vested in a unicameral 'atasang -ambansa. The -rime!inister, who is subordinated to the -resident, acts as the ;ead of the Cabinet.

The 19*0 Pro1isional Constitution, popularl$ known as the %reedom Constitution, promulgated b$ -resident CoraBon C. +Fuino on !arch 70, (*)4, was a provisional constitution after a successful -eople -ower %evolution. 8nder the #reedomConstitution, e,ecutive and legislative powers are e,ercised b$ the -resident, and shall continue to e,ercise legislative powers until a legislature is elected and convened under a new Constitution. #urthermore, the -resident is mandated to convene aConstitutional Commission tasked to draft a new charter.