THE PHILIPPINE

CONSTITUTIONS
A CONSTITUTION is a set of fundamental principles or established precedents
according to which a state or other organization is governed. It symbolizes the
country’s freedom and independence. The Philippine Constitution has evolved
since 1897: the 1987 Constitution of Biak-na-Bato, the 1899 Malolos
Constitution, Acts of the United States Congress (Philippine Organic Act of 1902,
Philippine Autonomy Act of 1916, and Tydings-Mcduffie Act of 1934), the 1935
Constitution, the 1943 constitution, the 1973 Constitution, the 1986 freedom
Constitution, and the 1987 Constitution.
THE 1987 CONSTITUTION OF BIAK-NA-BATO

The Tejeros Convention held at San Francisco de Malabon in Cavite on March 22,
1897 was the result of the Katipunan Revolution. In this convention, the first
president and vice president (of the Philippines) were elected by the members of
the Katipunan. The elected president was Emilio Aguinaldo, and the vice
president was Mariano Trias.

It was November 1, 1987 that the republic of Biak na Bato (Republica de

Biak-na-Bato) was established during a meeting held at Biak-na-Bato in the town
of San Miguel de Mayumo in Bulacan.
The 1899 Malolos Constitution or the Political Constitution of 1899
(Constitución Política de 1899) was the basic law of the First philippine republic
whose form of government was unitary semi-presidential constitutional.

-The first republican constitution in asia written by Felipe Calderon Y Roca and
felipe buencamino after the declaration of Philippine independence from Spain
on June 12, 1898.

The preamble of the 1899 Malolos Constitution reads, “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.”
The acts of the United States Congress was in operation from December 10,
1898 to March 24,1934, since the Philippines was a territory of the United States
during these periods because of the Treaty of Paris which transferred the
sovereignty from Spain to the United States.

Philippine Organic Act of 1902, also known as the “Philippine Bill of 1902”, was
the first organic law enacted by the US Congress for the Philippines. It provided
for the creation of the Philippine Assembly, and a bicameral legislature
composed of a Philippine Commission (upper house) and the Philippine
Assembly (lower house) were the lawmaking power was vested.
Philippine Autonomy Act of 1916, also known as the “Jones Law”, amended the
structure of the philippine government that was provided for in the Philippine Bill
of 1902. It removed the Philippine Commission (upper house) and replaced it
with the Senate whose members were elected by the Filipino voters.
TYDINGS-MCDUFFIE ACT OF 1934

On March 24, 1934 the united States passed the Tydings-mcduffie Act that
allowed the Filipino nation to have a self-government. A ten-year transition period
was granted by this Act so that Filipinos could be prepared for self-government
and full independence.
THE 1935 PHILIPPINE CONSTITUTION

This constitution was written in 1934 with the goal of meeting the United States’
expectation of political maturity among Philippine leaders so that a full and real
independence could be granted by the US. yis constitution was promulgated by
the 1934 Constitutional Convention and was in operation during the
Commonwealth era (1935-1946), until the Third Republic (July 4, 1946-January
16, 1973). The Third republic started with the granting of Philippine
independence from US domination on July 4, 1946 to Roxas Administration
(1946-1948) Quirino Administration (1948-53), Magsaysay Administration
(1953-57), Garcia Administration (1957-61), and Macapagal Administration
(1961-65).
1943 CONSTITUTION

The Preparatory Committee for Philippine Independence (PCPI) promulgated the

1943 Philippine Constitution during the Japanese occupation of the country.
Mostly of the members of the PCPI were delegates to the convention of the
KALIBAPI in Manila on September 7, 1943.

The 1943 Constitution was in operation in japanese-controlled areas of the

Philippines from October 14, 1943 to August 17, 1945. However, the United
States and the Commonwealth government which was in exile did not recognize
the said constitution. Laurel formally dissolved the Second Philippine Republic
following the surrender of Japan in World War II.
The 1973 Constitution was promulgated by the 1973 Constitutional Convention,
after Marcos declared martial law. The 1973 Constitution ruled the Fourth
Philippine Republic from January 17, 1973 to February 22, 1986. A unicameral
legislature was established during this period, whose members were elected for
a six year term of office.

The 1973 Constitution amended on four occasions.

(1) In the 1976 amendments, the Interim National Assembly was replaced by
the Interim Batasang Pambansa, the president would also become the
Prime Minister and would exercise legislative powers until the lifting of the
martial law, the President can legislate on his own on an “emergency” basis.
(2) In the 1980 amendment, the retirement age of the members of the judiciary
was extended to 70 years.
(3)In the 1981 amendments, the false parliamentary system was formally
modified into a french-style semi-presidential system were: executive power
was restored to the President, direct election of the President was restored,
an Executive Committee composed of the Prime Minister and not more than
14 members was created to “assist the President in the exercise of his
powers and functions and in the performance of his duties as he may
prescribe,”

(4) The 1984 amendment abolished the Executive Committee and restored
the position of Vice-president.
THE 1986 FREEDOM CONSTITUTION

Right after the 1986 People Power Revolution that compelled President Marcos
to step down from power, president Corazon Aquino issued Proclamation No. 3
to serve as a provisional constitution. Powers such as government
reorganization, removal of officials, appointment of a commission to draft a new
and more formal Constitution, which upon ratification, would supplant the
Freedom Constitution.
 PROCLAMATION NO. 3

DECLARING A NATIONAL POLICY TO IMPLEMENT REFORMS MANDATED BY THE PEOPLE

PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING

FOR AN ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW CONSTITUTION

WHEREAS, the new government was installed through a direct exercise of the power of the Filipino

people assisted by units of the New Armed Forces of the Philippines;

WHEREAS, the heroic action of the people was done in defiance of the provisions of the 1973

Constitution, as amended;
WHEREAS, the direct mandate of the people as manifested by their extraordinary action demands the

complete reorganization of the government, restoration of democracy, protection of basic rights,

rebuilding of confidence in the entire government system, eradication of graft and corruption,

restoration of peace and order, maintenance of the supremacy of civilian authority over the military,

and the transition to government under a New Constitution in the shortest time possible;

WHEREAS, during the period of transition to a New Constitution it must be guaranteed that the

government will respect basic human rights and fundamental freedoms;

WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the power vested in me

by the sovereign mandate of the people; do hereby promulgate the following Constitution:
THE 1987 PHILIPPINE CONSTITUTION
The 1987 Philippine Constitution was drafted by a constitutional assembly that
was mandated in proclamation No 3. The commission composed fifty members
appointed by President Corazon Aquino from various backgrounds: former
members of the House of Representatives, former justices of the Supreme Court,
A Roman catholic bishop, and political activists against the Marcos regime.
Cecilia Muñoz-Palma, who was a former associate Chief Justice of the Supreme
court was elected by the commission as its president. The final draft of the 1987
Constitution was finished on October 12, 1986 and was presented to President
Aquino on October. The constitution was ratified on February 8, 1987 through a
nationwide plebiscite.
 PREAMBLE

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.