LESSON 4: 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 1897 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 1897 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 on November 1, 1897 that the Republic of Biak-na-Bato (República de Biac-na-Bató) was
established during a meeting held at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan.
This was a De Facto Constitutional Republic. In this meeting, the constitution written by Isabelo Artacho
and Felix Ferrer was promulgated by the Katipunan, which acted as Constitutional Assembly. The
Constitution of Biak-na-Bato known as “Constitución Provisional de la República de Filipinas” was short-
lived as it operated only from November 1, 1897 to December 14, 1897.

The Preamble of the 1897 Constitution of Biak-na-Bato reads, “The separation of the Philippines from
the Spanish monarchy and their formation into an independent state with its own government called the
Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of
August, 1896; and therefore, in its name and by the power delegated by the Filipino people, interpreting
faithfully their desires and ambitions, we, the representatives of the Revolution, in a meeting at Biac-na-
bato, Nov. 1st. 1897, unanimously adopt the following articles for the Constitution of the State.”

The 1899 Malolos Constitution or the Political Constitution of 1899 (Constitución Politica de 1899) was
the basic law of the First Philippine Republic whose form of government was unitary semi-presidential
constitutional. The Malolos Constitution was the first republican constitution in Asia (Tucker, 2009)
written by Felipe Calderon y Roca and Felipe Buencamino after the declaration of Philippine
independence from Spain on 12 June 1898. It was signed into law by the Malolos Congress and
promulgated on January 21, 1899. The Malolos Constitution was in operation from January 23, 1899 to
March 23, 1901.

The salient features of the 1899 Malolos Constitution include the declaration of the sovereignty of the
people, the enumeration of the basic civil rights, the separation of the Church and State, it provided for
the creation of an Assembly of Representatives to act as the legislative body, and a parliamentary
republic as the form of government.

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. The acts, such as the Philippine
Organic Act of 1902, the Philippine Autonomy Act of 1916 and the Tydings-Mcduffie Act of 1934 passed
by the United States congress were considered as the Philippine Constitutions because they provided for
the fundamental political principles and established the structure, procedures, powers and duties of the
Philippine government.

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. Like other constitutions, it also
enumerated the bill of rights for the Filipinos and provided for the appointment of two non-voting
Filipino Resident Commissioners of the Philippines that would represent the Philippines in the US House
of Representatives.

Philippines Autonomy Act of 196, 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 Filipino
voters. Because of this, the Philippines’ first fully elected national legislature came into being. A notable
statement of this act was the explicit expression of the United States to grant the Philippines its
independence as soon as stable Philippine government would be established.

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. Unlike the other two acts which could be
considered constitution, the Tydins-Mcduffie Act of 1934 could not be considered as a constitution, but
still a very important document which provided authority and defined mechanisms for the
establishment of a formal constitution via a constitutional convention. The eventful day arrived on July
4, 1946, when the United States recognized Philippine independence in the Treaty of Manila. The
Philippine-American friendship day is celebrated every 4th of July to commemorate the Philippine
Independence from the United States of America.

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. This
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 (1948-1953), Magsaysay Administration
(1953-1957), Garcia Administration (1957-1961), and Macapagal Adminstration (1961-1965).

During the Commonwealth period, the form of government was Presidential system, with the president
serving a six-year term without reelection. It also provided for a unicameral National Assembly.
However, in 1940, an amendment was done establishing a Bicameral Congress of the Philippines
composed of a Senate and House of Representatives, as well as the creation of an independent electoral
commission. Moreover, the President’s term was changed from six years without reelection to a four-
year term with a maximum of two consecutive terms in office.

In the Third Republic, the 1935 Constitution was still in operation, the form of government of the
Philippines was Unitary Presidential Constitutional Republic. Again, an amendment was made in 1947,
which provided for the provision of the Parity Rights between the American and the Filipino Citizens.
The Parity Rights granted the US citizens and corporations equal rights with Filipino citizens over the
Philippine natural resources.

In 1971, a Constitutional Convention was held to rewrite or review the 1935 Constitution. However, so
much corruption marred the process. In 1972, President Ferdinand Marcos proclaimed martial law to
suppress the increasing civil strife and the threat of communist takeover of the government. The
proclamation of martial law suspended the 1935 Constitution.

The Preamble of the 1935 Constitution 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 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 that drafted the 1935 Constitution. The constitution was ratified by the
popular convention of the KALIBAPI in Manila on September 7, 1943.

Following it ratification, the Second Republic was then formally proclaimed. The Second Philippine
Republic was a single-party authoritarian republic. José P. Laurel was appointed as President by the
National Assembly and was inaugurated into office in October 14, 1943, and Benigno Simeon Aquino Sr.
was the Speaker of the National Assembly.

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 Preamble of the 1943 Constitution 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 1937 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 office. The President was elected from among the members of the National
Assembly for a six-year term and eligible for reelections. The elected president will serve only as purely
ceremonial head of the state. Executive power was exercised by the Prime Minister who was also
elected from amongst the members of the National Assembly. The Prime Minister was the head of
government and Commander-in-Chief of the Armed Forces.

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 in the performance of his duties as he
may prescribe,” and the Prime Minister was a mere head of the Cabinet. (4) The 1984 amendment
abolished the Executive Committee and restored the position of Vice-President.

The Preamble of the 1973 Constitution reads, “We, the sovereign Filipino people, imploring the aid of
Divine Providence, in order to establish a Government that shall embody our ideals, promote the general
welfare, conserve and develop the patrimony of our nation, and secure to ourselves and our posterity the
blessings of democracy under a regime of justice, peace, liberty and equality, do ordain and promulgate
this Constitution.”

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. The
proclamation contained some provisions adopted from the 1973 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.

The first part of Proclamation No. 3 reads:

“Whereas, the new government was installed through a direct exercise of the power of the
Filipino people assisted by the 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 governmental 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 a 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 freedom;

WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers

vested in me by the sovereign mandate of the people, do hereby promulgate the following
Provisional Constitution.”

THE 1987 CONSTITUTION

The 1987 Philippine Constitution was drafted by the 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.

The 1987 Constitution operates since 1987, during the administration of Cory Aquino (1986-1992), Fidel
Ramos (1992-1998), Joseph Estrada (1998-2001), Gloria Macapagal Arroyo (2001-2010), Benigno
Aquino III (2010-2016), and the current administration of Rodrigo Roa Duterte (2016-present).

The Preamble of the 1987 Constitution reads, “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 aspiration, 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.”

EXERCISE
Name: _____________________________________________________ Date: ____________________

Course and Year: ____________________________________________ Score:

____________________

Fill in each blank with the correct answers.

____________________1. It is a set of fundamental principles or established precedents according to

which a state or other organization is governed.

____________________2. It was the de facto constitutional republic established on November 1, 1897.

____________________3. It is described as the First Republican Constitution in Asia.

____________________4. It was in operation from December 10, 1898 to March 24, 1934, when the
Philippines was still a territory of the United States.

____________________5. It was the first organic law enacted by the US Congress for the Philippines.

____________________6. It amended the structure of the Philippine government that was provided
for in the Philippine Bill of 1902.

____________________7. It was an act that allowed the Filipino nation to have a self-government.

____________________8. It was promulgated by the 1934 Constitutional Convention and was in

operation during the Commonwealth era until the Third Republic.

____________________9. It was promulgated in 1943 by the Preparatory Committee for Philippine

Independence (PCPI) during the Japanese occupation of the country.

___________________10. It was promulgated by the 1973 Constitutional Convention, after Marcos

declared martial law.
ACTIVITY

Name: _____________________________________________________ Date: ____________________

Course and Year: ____________________________________________ Score:

____________________

A. Fill in each box with the information asked.

What Period
Promulgated Period of Form of
Constitution of Philippine Amendments
by Operation Government
History
1987
Constitution
Provisional
Constitution
of the
Philippines
1973
Constitution
1943
Constitution
1935
Constitution
Acts of the
US Congress
for the
Philippines
Malolos
Constitution
Constitution
of Biak-na-
Bato

B. Give the salient features of the following constitutions of the Philippines in terms of the powers of
the president, the functions of legislature, the bill of rights, the declaration of principles and state
policies, and the national territory.

1987 Constitution 1973 Constitution 1935 Constitution

Preamble
Powers of the
President
Functions of the
Legislature
Bill of Rights
Declaration of
Principles and State
Policies
 National Territory

CHAPTER TEST

Name: _____________________________________________________ Date: ____________________

Course and Year: ____________________________________________ Score:

____________________

Word Search. Search in the puzzle the answers of the following and encircle them. Search from any
direction.

a. the Philippine Presidents

b. leaders of the revolts against Spanish taxes in our country
c. Philippine constitutions
d. forms of taxes during the Spanish period

Z E D N M C A G A Y A N A T R E A T Y U
A C T S A O I L E D A D M M A X E R T X
N A Q U I N O U M I E I S A G E T I R O
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C A W U E T I U L L R G E C K O L U P Y
A C E R V I C I O P E R S O N A L T A A
Y A X O E T A R N R T A T S F J Y O B S
M P P Y N U L I G I U S R K A L G O S Y
O A O W T T U N A N D K A N M O A N I A
N G S C X I I O Y C J E D A A N R A R S
O A E E R O X A S E A L A X N U C E A G
T L D D O N A D A A L L Y I I N I T M A
U X A U Y A N O B B I A K N A B A T O M
A I M L O B Y N A J Z W I N G A M E S E
F R I A R S T A W K I S S U O T I N V K
O L S L R I T T S A N T O R U M M J U N
R N O A A Q U I N O I I I P A Y H J A I
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I D E A S Z T O R G A N I C A C T J A S
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