Evolution[edit]

Historical Philippine Constitutions

In
Constituti Historical Promulgated
operati Form of Government Ratification Amendments
on Period by
on

Katipunan,
Novemb acting as
er 1, Constitutional
Constitutio
1897 - Republic of De Facto Constitutional Assembly,
n of Biak-
Decemb Biak-na-Bato Republic Drafted by
na-Bato
er 14, Isabelo
1897 Artacho and
Félix Ferrer

1899 constitutional
Plebiscite

Choice Votes %
January
23,
Malolos First Unitary semi-
1899 - Malolos For 98 100
Constitutio Philippine presidentialconstitutional
March Congress
n Republic republic
23,
1901
Against 0 0

Invalid/blank
–
votes
 Total 98 100

Source:The Laws of the

First Philippine Republic
(The Laws of Malolos)
1898-1899

Philippine
Organic
Act (1902)

Decemb
er 10, Philippine
1898 - Autonomy American Unincorporated territories United States
March Act of Colonial Period of the United States Congress
24, 1916
1934

Tydings–
McDuffie
Act

 1940
Novemb 1935 Philippine amendment(Esta
er 15, Commonw constitutional plebiscite
Presidentialcommonwealt blishment
1935 - ealth of the
h of Bicameral
July 4, Philippines
1935 1934 Philippine
1946
Constitutio Constitutional Choice Votes % Congress)
n Convention
July 4,
 1947
1946 - Third
Unitary presidentialConstit 1,213,0 96.4 amendment (Pro
January Philippine For
utional republic 46 3 vision of
16, Republic
the Parity Rights)
1973
 Against 44,963 3.57

Invalid/bla
–
nk votes

1,258,0
Total 100
09

Registered
1,935,9
voters/turn
72
out

Source: Direct Democracy

October
14, Preparatory
1943 Second
1943 - Single- Committee for
Constitutio Philippine
August party authoritarianrepublic Philippine
n Republic
17, Independence
1945
 1976
1973 Philippine Amendment(Cont
constitutional plebiscite inuation of
Martial law and
January e•d Summary of the 10 substitution
Unitary dominant-
17, January - 15 January of Interim
1973 Fourth partypseudo- 1973
1973 - 1973 Philippineconstitution Batasang
Constitutio Philippine parliamentary Constitutional
Februar al plebiscite results Pambansa for
n Republic republic under totalitarianc Convention
y 22, the Regular
ivic-military rule
1986 Batasang
Pambansa)
Choice Votes %
 1981
Amendment (Del
egation of Power
 to the President,
14,976,56 95. creation of
Yes Executive
1 3
committee,
establishment
of modified
No 743,869 4.7
parliamentary
system)
 1984
Total Amendment (Cre
15,720,43 79.
valid ation of the Office
0 0
votes of the Vice
President and
abolition of the
Total 19,908,76 87. Executive
votes cast 0 0 committee)

Registere 22,883,63
100
d voters 2

Source: Commission on
Elections (Philippines)

March Provisiona
President Cora
25, l
zon Aquino,
1986 – Constitutio Revolutionary
Drafted
Februar n of the Government
by Reynato
y 1, Philippine
Puno[10]
1987 s (1986)
1987 Philippine
Februar constitutional plebiscite Proposed
1987 1986
y 2, Republic of Unitary presidentialconstit Constitutional
Constitutio Constitutional
1987 – the Philippines utional republic amendments to the
n Convention Philippine constitutional
Present 1987 Constitution
plebiscite, 1987
Choic
Votes %
e

Ye 16,622,11
77.04
s 1

No 4,953,375 22.96

Valid 21,575,48
99.04
votes 6

Invali
d or
209,730 0.96
blank
votes

Total 21,785,21 100.0

votes 6 0
EVOLUTION OF THE PHILIPPINE CONSTITUTION

EVOLUTION OF THE PHILIPPINE CONSTITUTION

The Philippines has had a total of six constitutions since the Proclamation of Independence on June 12, 1898. In 1899, the
Malolos Constitution, the first Philippine Constitution—the first republican constitution in Asia—was drafted and adopted
by the First Philippine Republic, which lasted from 1899 to 1901.

During the American Occupation, the Philippines was governed by the laws of the United States of America. Organic Acts
were passed by the United States Congress for the administration of the Government of the Philippine Islands. The first
was the Philippine Organic Act of 1902, which provided for a Philippine Assembly composed of Filipino citizens. The
second was the Philippine Autonomy Act of 1916, which included the first pledge of Philippine independence. These laws
served as constitutions of the Philippines from 1902 to 1935.

In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters for the creation of
a constitution for the Philippines. The Act mandated the Philippine Legislature to call for an election of delegates to a
Constitutional Convention to draft a Constitution for the Philippines. The 1934 Constitutional Convention finished its
work on February 8, 1935. The Constitution was submitted to the President of the United States for certification on March
25, 1935. It was in accordance with the Philippine Independence Act of 1934. The 1935 Constitution was ratified by the
Filipino people through a national plebiscite, on May 14, 1935 and came into full force and effect on November 15, 1935
with the inauguration of the Commonwealth of the Philippines. Among its provisions was that it would remain the
constitution of the Republic of the Philippines once independence was granted on July 4, 1946.

In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines. The legislature was changed
from a unicameral assembly to a bicameral congress. The amendment also changed the term limit of the President of the
Philippines from six years with no reelection to four years with a possibility of being reelected for a second term.

Philippine Executive Commission Chairman Jorge B. Vargas reads a message to the Kalibapi in the presence of Lt. Gen.
Shigenori Kuroda and Speaker Benigno S. Aquino, in the old Senate Session Hall in the Legislative Building, Manila. This
photograph was most probably taken on September 20, 1943, when the Kalibapi elected the members of the National
Assembly from among its members.

During World War II the Japanese-sponsored government nullified the 1935 Constitution and appointed Preparatory
Committee on Philippine Independence to replace it. The 1943 Constitution was used by the Second Republic with Jose P.
Laurel as President.
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect. The Constitution remained
unaltered until 1947 when the Philippine Congress called for its amendment through Commonwealth Act No. 733. On
March 11, 1947 the Parity amendment gave United States citizens equal rights with Filipino citizens to develop natural
resources in the country and operate public utilities. The Constitution, thereafter, remained the same until the declaration
of martial law on September 23, 1972.

Before President Marcos declared Martial Law, a Constitutional Convention was already in the process of deliberating on
amending or revising the 1935 Constitution. They finished their work and submitted it to President Marcos on December
1, 1972. President Marcos submitted it for ratification in early January of 1973. Foreseeing that a direct ratification of the
constitution was bound to fail, Marcos issued Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify the
newly drafted constitution by means of a Viva Voce vote in place of secret ballots. Marcos announced that it had been
ratified and in full force and effect on January 17, 1973. Although the 1973 Constitution had been “ratified” in this manner,
opposition against it continued. Chief Justice Roberto V. Concepcion in his dissenting opinion in the case of Javellana v.
Executive Secretary, exposed the fraud that happened during the citizen’s assembly ratification of the 1973 Constitution on
January, 10 – 15, 1973. However, the final decision of this case was that the ratification of the 1973 Constitution was valid
and was in force.

When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3, suspending certain
provisions of the 1973 Constitution and promulgating in its stead a transitory constitution. A month later, President
Aquino issued Proclamation No. 9, s. 1986, which created a Constitutional Commission tasked with writing a new charter
to replace the 1973 Constitution. The commission finished its work at 12:28 a.m. of October 16, 1986. National Plebiscite
was held on February 2, 1987, ratifying the new constitution. On February 11, 1987, by virtue of Proclamation No. 58,
President Aquino announced the official canvassing of results and the ratification of the draft constitution. The 1987
Constitution finally came into full force and effect that same day with the President, other civilian officials, and members
of the Armed Forces swearing allegiance to the new charter.

COMMEMORATION OF CONSTITUTION DAY

For every constitutional change the Philippines has experienced, a corresponding proclamation was issued in order to
celebrate the date that each charter was put into full force and effect—with the exception the 1943 Constitution.

Delegate Manuel Roxas signs the Constitution. He was the leading member of the Committee on Style, also known as the
Seven Wise Men, who had a significant impact on the final draft of the 1935 Constitution.

President Emilio Aguinaldo issued the first proclamation that celebrated the effectiveness of a constitution in 1899 on
January 23, 1899. In the Proclamation, President Aguinaldo ordered the release of Spanish prisoners under the custody of
the Philippine revolutionary forces, to mark the inauguration of the First Philippine Republic. No subsequent
proclamations were issued because of the outbreak of the Philippine-American War and the fall of the First Philippine
Republic in 1901.

When the United States Congress authorized the creation of a constitution for the Philippines in accordance with the
Tydings-Mcduffie Act of 1934, a Constitutional Convention was established to draft a charter for the Philippines and
it finished its work on February 8, 1935. On the inauguration of the Commonwealth of the Philippines on November 15,
1935, the new charter came into full force and effect. A year later, President Manuel L. Quezon issued Proclamation No.
36, s. 1936, declaring the 8th of February of every year as Constitution Day to commemorate the completion of the 1934
Constitutional Convention’s task. This commemoration was observed throughout the Commonwealth of the Philippines
and the Third Republic, up until the declaration of martial law on September 23, 1972. (President Ferdinand E. Marcos
reiterated President Quezon’s original proclamation by issuing Proclamation No. 10, s. 1966.)

Referendum Bandwagon: the Marcos era referendum was conducted by Viva Voce vote as opposed to the conventional
Secret Balloting.

In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a new charter, the 1973 Constitution. In
commemoration, President Marcos, repealed President Quezon’s Proclamation No. 36, s. 1936, by virtue of Proclamation
No. 1219, s. 1973, which moved Constitution Day from February 8 to January 17 of every year. This proclamation
commemorated the day when President Marcos certified that the new Constitution had been ratified. Constitution day was
commemorated until the end of President Marcos term but was overshadowed by the Proclamation making September
21st of every year “Thanksgiving day”, the date indicated on Presidential Proclamation No. 1081, s. 1972: Martial law,
however, was actually declared two days later when President Marcos announced it through nationwide television.

When democracy was restored in 1986, the 1973 Constitution was replaced by first the freedom constitution, also known
as Proclamation No. 3, s. 1986, then our current constitution, the 1987 Constitution. This constitution came into full force
and effect on February 11, 1987, after President Corazon C. Aquino issued Proclamation No. 58, s. 1987. The proclamation
issued by President Aquino included the results of the plebiscite held on February 2, 1987.

After the ratification of the 1987 Constitution, President Aquino issued Proclamation No. 211 s, 1988, which moved the
commemoration of Constitution Day from January 17 to February 2 of every year—a proclamation still in effect to this day.