The Philippine Constitutions

I. INTRODUCTION
Questions to Ponder:
 Do you know the reason why you can freely express your opinion?
 Do you know why you are considered a Filipino?
 Do you know what gives you the right to vote?

The constitution is the fundamental law of the land. It is the source of people's
rights and privileges. The protector of the realm and the guiding principle to which the
government anchors its mandate of serving people. The Philippines has undergone a
series of constitutional changes. This implies that the country was subjected to
numerous issues or conflicts in politics, economics, and sovereignty. History will tell that
it is true. Our country suffered from the hands of different colonizers, brave Filipino
patriots shed their blood to liberate this country, nationalistic comrades deliberately
detest corruption and protest government anomalies. These changes in the history of
our constitution vividly represent our desire to fully attain our vision of truth, justice,
freedom, love, equality, and peace. Now, Filipinos enjoy all the rights and privileges
stipulated and guaranteed by the constitution.

II. OBJECTIVES
 Understand the importance of the constitution.
 Compare the changes in the evolution of Philippine constitutions.
 Develop your fundamental principle in life.

III. READING
An excerpt from THE CONSTITUTIONAL HISTORY OF THE PHILIPPINES
retrieved from http://constitutionnet.org/country/constitutional-history-philippines

Constitutional History
The Philippines had long been used as a trading port in Asia, and this led to their
colonization by the Spanish and later by the Americans. The Spanish converted most of
the population to Catholicism and the religion remains the dominant one in the country.
During the later part of more than 300 years of Spanish rule, nationalist sentiment
began to grow among groups of Indios (which was how the Spanish referred to the
Filipinos), fuelled in large measure by the writings of national hero Jose Rizal (later
executed by the Spanish authorities) and other ilustrados (the Filipino intellegensia). A
revolution was launched against Spain and the revolutionaries declared Philippine
independence in Kawit, Cavite on June 12, 1898. What became known as the Malolos
Congress was convened on September 15, 1898 and the first Philippine Constitution,
called the Malolos Constitution, was approved on January 20, 1899, ushering what is
called the First Philippine Republic. In the Spanish-American War of 1898, the
revolutionaries sided with the Americans, hoping that, with the defeat of Spain,
independence would be granted by the US to the Philippines. This, however, did not
happen. After Spain ceded (or sold) the islands to the United States in the Treaty of
Paris, the US immediately proceeded to brutally suppress the Philippine independence
movement.
In 1916, the US passed the Jones Act which specified that independence would
only be granted upon the formation of a stable democratic government modelled on the
American model, not the French model as the previous constitution had been. The US
approved a ten-year transition plan in 1934 and drafted a new constitution in 1935.
World War II and the Japanese invasion on December 8, 1941, however, interrupted
that plan. After heroic Filipino resistance against overwhelming odds finally ended with
the fall of Bataan and Corregidor in 1942, a Japanese “republic” was established, in
reality, a period of military rule by the Japanese Imperial Army. A new constitution was
ratified in 1943 by Filipino collaborators who were called the Kapisanan sa Paglilingkod
ng Bagong Pilipinas (Kalibapi). An active guerilla movement continued to resist the
Japanese occupation. The Japanese forces were finally defeated by the Allies in 1944
and this sorry chapter came to a close.
Philippine independence was eventually achieved on July 4, 1946. The 1935
Constitution, which featured a political system virtually identical to the American one,
became operative. The system called for a President to be elected at large for a 4-year
term (subject to one re-election), a bicameral Congress, and an independent Judiciary.
Independence to Martial Law
From the moment of independence, Filipino politics have been plagued by the
twin demons of corruption and scandal. Notwithstanding, Presidents Ramon Magsaysay
(1953-57), Carlos Garcia (1957-61), and Diosdado Macapagal (1961-65) managed to
stabilize the country, implement domestic reforms, diversify the economy, and build
Philippine ties not only to the United States, but also to its Asian neighbors.
Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the
first president to be so re-elected. Desirous of remaining in power beyond his legal
tenure, he declared martial law in 1972, just before the end of his second and last term,
citing a growing communist insurgency as its justification. He then manipulated an
ongoing Constitutional Convention and caused the drafting of a new constitution – the
1973 Constitution – which allowed him to rule by decree until 1978 when the
presidential system of the 1935 Constitution was replaced with a parliamentary one.
Under this new system, Marcos held on to power and continued to govern by decree,
suppressing democratic institutions and restricting civil freedoms. In 1981, martial law
was officially lifted, but Marcos continued to rule by the expedient of being "re-elected"
in a farce of an election to a new 6-year term. He continued to suppress dissent and
thousands of vocal objectors to his rule either mysteriously disappeared or were
incarcerated. Despite the economic decline, corruption allowed Marcos and his wife
Imelda to live extravagantly, causing resentment domestically and criticism
internationally.
The People’s Choice
When opposition leader Benigno Aquino Jr. was assassinated upon returning
from exile in 1983, widespread outrage forced Marcos to hold “snap” elections a year
early. The election was marked by fraud on the part of Marcos and his supporters but
Marcos had himself declared the winner constitutionally, amidst international
condemnation and nationwide domestic protests. A small band of military rebels tried to
mount a coup, which failed because of its discovery, but this triggered what became
internationally celebrated as the “People Power” revolution, when droves of people
spilled out onto the streets to protect the rebels, eventually numbering well over a
million. Under pressure from the United States, Marcos and his family fled into exile. His
election opponent, Benigno Aquino Jr.’s widow Corazon, was installed as president on
February 25, 1986.
The 1987 Constitution
Aquino began her term by repealing many of the Marcos-era regulations that had
repressed the people for so long. In March, she issued a unilateral proclamation
establishing a provisional constitution. This constitution gave the President broad
powers and great authority, but Aquino promised to use them only to restore democracy
under a new constitution. This new constitution was drafted in 133 days by an appointed
Constitutional Commission of 48 members and ratified by the people in a plebiscite held
on February 2, 1987. It was largely modelled on the American Constitution which had so
greatly influenced the 1935 Constitution, but it also incorporated Roman, Spanish, and
Anglo law.
The 1987 Constitution established a representative democracy with power
divided among three separate and independent branches of government: the Executive,
a bicameral Legislature, and the Judiciary. There were three independent constitutional
commissions as well: the Commission on Audit, the Civil Service Commission, and the
Commission on Elections. Integrated into the Constitution was a full Bill of Rights, which
guaranteed fundamental civil and political rights, and it provided for free, fair, and
periodic elections. In comparison with the weak document that had given Marcos a legal
fiction behind which to hide, this Constitution seemed ideal to many Filipinos emerging
from 20 years of political repression and oppression.
IV. SELF ASSESSMENT QUESTIONS (SAQ)
DIRECTIONS: Identify what is being referred to in the following statement.
_______________ 1. The Spanish converted most of the population to this religion
during their 300-year occupation.
_______________ 2. This is the first constitution of the Philippines that was approved
on January 20, 1899.
_______________ 3. A US-Spanish treaty that stipulates the cession of the Philippines
in favor to US.
_______________ 4. It is a US act in 1916 which specified that independence would
only be granted upon the formation of a stable democratic government modeled on the
American model.
_______________ 5. The constitution used during the Japanese occupation.
_______________ 6. The constitution used after Japanese occupation which featured a
political system virtually identical to the American one.
_______________ 7. The constitution used by former president Marcos during Martial
Law.
_______________ 8. The renowned peaceful revolution when droves of people spilled
out onto the streets to protect the rebels, eventually numbering well over a million.
_______________ 9. His assassination fueled the widespread outrage that forced
Marcos to hold “snap” elections a year early.
_______________ 10. The current Philippine constitution that was ratified during the
term of former president Cory Aquino.