THE PHILIPPINE CONSTITUTION

TIMELINE

A constitution is defined as the fundamental law of nation or state. It is the constitution that
establishes the character and basic principles of the government. The system that runs the
government is often codified in this written document, which forms the fundamental rules and
principles by which an organization is managed.

►The Biak-na-Bato Republic Constitution (1897)

The Philippines Revolution reached a stalemate in 1987 when the revolutionary forces
of General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo,
Bulacan. The Spanish forces led by Gen. Miguel Primo de Rivera realized that even though
they could crush the rebels in Bulacan, it did not mean the revolution would end for it was
already widespread in other provinces.
In order to consolidate the forces still fighting in the other provinces, Aguinaldo met with
his leaders to established an organized government. A revolutionary government had already
been formed in March that year with Aguinaldo as President in Tejeros, San Francisco de
Malabon (now General Trias) in Cavite. It was this government that was now in Biak-na-Bato.
The Constitution was promulgated by the Philippines Revolutionary Government on
November 1, 1897, and became the provisionary constitution of the government during the
Revolution against Spain.
In spite of being a copied constitution, the Biak-na-Bato Constitution had its own unique
features: its preamble reiterated the objective of the Revolution which was “the separation of
the Philippines from the Spanish monarchy and their formation into an independent state with
its own government.”
This constitution was to last only for two years during which, at certain point, it was
superseded by law and decrees made by Aguinaldo.
►The Malolos Republic Constitution (1899)
Following the defeat of Spain by the United States in the Spanish-American War in
1898, the Filipinos began their task od creating the independent nation they valiantly fought for
in 1896. On June 12, 1898, Philippine’s independence was declared and, two weeks later,
Aguinaldo ordered the convening of a Congress in Malolos, Bulacan. Elections were held for
the delegates in the provinces that were already free from Spanish forces. The Malolos
Congress had its inaugural session at Barasoain Church in Malolos on September 15, 1898
amidst a large celebration and coverage both the local and foreign press. The delegates then
convened Congress and elected its officers. One of its first acts was to ratify the Independence
declaration in Kawit.
The Congress was originally conceived by presidential adviser Apolinario Mabini to be
an advisory body to the President. But another group led by delegate Pedro Paterno decided
to create a constitution to form a government that would be recognized foreign powers. Mabini
was against this for he believed that peaceful conditions should first prevail before a
constitution should be drafted. He was, however, overruled by Paterno and his allies.
Discussions for the Constitution began on October 25 after the submission of a draft by
Felipe Calderon. Calderon, drew inspiration from the constitutions of Mexico, Belgium,
Guatemala, Costa Rica, Brazil, and France. One of the heated discussions focused on the
issue of the union of Church and State where Catholicism would be the state religion.
The original draft of the constitution, however, emphasized a popular government which
means supreme power is given to a legislative body since it is the representative of the people.
This means that the President as well as the judiciary including the Supreme Court would be
selected by the legislative body which, at that time, was the Malolos Congress. Mabini
objected to this proposal and the approval of the Constitution was delayed. The amendments
were made and the document was finally approved by Aguinaldo on January 21.
The Malolos Constitution was the first republican constitution in Asia. Its main features
were as follows:
1. It was based on democratic traditions in which the government formed was
“popular, representative and responsible” with three distinct branches — the
executive, the legislative, and the judicial.
2. It called for a presidential form of government with the president elected for a
term of four years by a majority of the Assembly convened as a constituent
assembly:
3. It recognized the freedom of religion and the separation of the Church and
State;
4. It emphasized and safeguarded the basic civil right of not only Filipinos but
foreigners, through a Bill of Rights (Articles XIX to XXIII).

The first Philippines Republic was inaugurated on January 23, 1899 at the
Barasoain Church where Emilio Aguinaldo took his oath of office as the first President of
the Republic. This was followed by the reading of the Malolos Constitution and the
taking of the oath of loyalty by the Army.
The Malolos Republic was the first democratic government of the country. It had
a form of government that included the management of social services, education, the
creation of an Army, a monetary system, and diplomatic activities. It even had a
government publication in order to spread to the foreign nations the ideals of the new
republic and to ask for support for its recognition.
The Republic, however, was short-lived government. Its demise began at the
start of the Philippine-American War in February 1899 and ceased to exist with the
capture of President Aguinaldo in Palanan, Isabela in March 1901. By that time, the
Americans had firmly established themselves as the new colonizers of the Philippines
with a military government running the country. In July 1901, they formally established
the first civil government in the islands.
►The 1935 Constitution and the Commonwealth Government
For over a decade, the Americans ran the government in the government in the
Philippines with Filipinos given a role in the legislative function when the Philippine
Assembly was established in 1907. It was only during the administration of the
Governor-General Francis Burton Harrison (1913-1921) that the Filipinization policy of
the government was put in place. Filipinos were given a hand in running the country.
Majority of the Philippine Commission members and civil servants were replaced by
Filipinos. Soon, the colonial administration placed much of the country’s governance in
the hands of Filipinos. One year later, the Jones Law of 1916 also known as the
Philippine Autonomy Act was passed by the US Congress.
From 1918 to 1932, there were at least five Philippine independence missions to
the United States. The efforts paid off with the creation and approval of the Tydings-
McDuffie Law by the US Congress. This law was approved on March 23, 1934 and was
known as the Philippine Independence Act. It provided for the drafting and guidelines of
a constitution for the 10-year “transitional period” government before the granting of
independence. This was known as the Commonwealth Government.
Only July 10, 1934, an election was held to vote for the delegates to write a
constitution for the Philippines. Two hundred delegated were elected and the
convention was opened on July 30. The draft of the Constitution was finished by
January 31, 1935 and was approved by the convention on February 8. There was only
one dissenter, Tomas Cabili of Lanao, who felt that the Constitution did not serve the
people of Mindanao.
The 1935 Constitution enumerated the composition, powers, and duties of the
three branches of government (the executive, legislative, and judicial) and created the
General Auditing Office service in the country. The other provisions included a Bill of
Rights, a provision for women’s suffrage giving women the right to vote and to be a part
of Philippine politics for the first time, the creation of a Philippine Armed Forces for
national defense and the development of a national language.
►The Japanese Occupation and the Second Philippine Republic (1943
Constitution)
The Commonwealth Government was interrupted by the Second World War and
the Japanese Occupation of the Philippines. The Commonwealth under President
Manuel Quezon went into exile in the United States. As part of their policy of attraction
in their Greater East Asia Co-Prosperity Sphere program, the Japanese offered to grant
the Philippines its independence.
Acting on the orders of the Japanese military, the Kapisanan ng Paglingkod sa
Bagong Pilipinas, a Filipino political party that served as the political party during the
Japanese Occupation, convened and elected a Philippine Commission for the Philippine
Independence (PCPI) to write a new constitution. This was finished and signed on
September 4, 1943 in a public ceremony and ratified by the KALIBAPI a few days later.
On October 14, 1943, as provided for in the new constitution, the Second Philippine
Republic was inaugurated with Jose P. Laurel as President.
The 1943 Constitution was basically a condensed version of the 1935
Constitution consisting only of a preamble and 12 articles. It was transitory in nature as
it was only effective during the duration of the war. It created a Republic with three
offices (the executive, legislative, and judicial) but owing to the war, no legislature was
convened. Instead, the powers of government were concentrated with the President.
The Bill of Rights basically enumerated the citizen’s duties and obligation rather than
their constitutional rights and Tagalog was declared the national language.
►The 1973 Constitution and the Marcos Dictatorship
On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel.
Its purpose was to write a new constitution that would meet the new challenges
confronting the Philippine Republic that developed since it was formed in 1946. It was
during the second term of President Ferdinand Marcos that the convention opened.
But the convention’s activities soon came to a temporary halt when President
Marcos declared martial law on September 21, 1972. He abolished Congress and
reorganized the government. Several days later, the convention was reconvened and a
draft constitution was finally finished and approved on November 30. Instead of being
ratified by a plebiscite, however, Marcos submitted it to “citizen assemblies” that was
formed to approve or reject the new constitution. The plebiscite was held from January
10-15, 1972 and the constitution was overwhelmingly approved. On January 17, 1973,
President Marcos signed Proclamation No. 1102 declaring the 1973 Constitution
ratified.
In 1981, amendments were made to the 1973 Constitution and the President was
restored from a symbolic head of state to its original status as the head of state and
chief executive of the country. The amended Constitution also granted the President
several powers and function which were originally vested in the Prime Minster and the
Cabinet.
The 1973 Constitution remained in force until the February 22-25 EDSA People Power
Revolution of 1986 which toppled the Marcos administration. It was abolished with the
adoption of the 1986 Freedom Constitution by the administration of President Corazon
Aquino.
►The Freedom Constitution (1986)
On March 24, 1896, President Aquino signed Proclamation No. 3 entitled
“Declaring a National Policy to Implement the Reforms Mandared by the People,
Protecting their Basic Rights, Adopting a Provisional Constitution, and Providing for and
Orderly Transition to a Government under New Constitution.” The provisional
constitution, later called the “Freedom Constitution” was proclaimed setting aside the
1973 Constitution thereby recognizing the new Aquino administration as a temporary
revolutionary government until the framing of a new constitution. It basically adopted
some provisions of the 1973 Constitution especially the Bill of Rights.
►The 1987 Constitution
By virtue of Sex. 1, Article 5 of the Freedom Constitution, President Aquino
issued on April 23, 1986 Proclamation No. 9, constituting a Constitutional Commission
(CONCOM) charged with drafting a new constitution not later than September 2, 2986,
appointed the 50 CONCOM members representing the various sectors of society from
politics to the arts and to religion.
On June 2 the ConCom, headed by former Justice Cecilia Munoz Palma,
commenced its sessions at the Batasang Pambansa in Quezon City. The ConCom
completed their task on October 12, 1986 and presented the draft constitution to
President Aquino on October 15. After a period of nationwide information campaign, a
plebiscite for its ratifications was held on February 2, 1987. An overwhelming
17,059,495 coted to ratify the constitution while 5,058,714 coted against it.
The 1987 Constitution consists of 18 articles with a preamble. Among its
significant provision.
The Philippine government is administered by a presidential system of
government with a bicameral legislature and an independent judiciary. It has three
branches of government:

1. the Executive headed by the President and Cabinet

2. the Legislative composed of the Senate headed by the Senate President and
House of Representatives headed by the Speaker of the House
3. the Judiciary composed of the Supreme Court headed by the Chief Justice,
 and the lower courts
The House of Representative is composed of the Congressmen/women (officially called
Representatives) elected to a three-year term and can be re-elected, but cannot serve
more than three consecutive terms.
The Senate is composed of 24 senators who are elected and serve for six-year terms
with half the senators elected every three years.
The Supreme Court is the Philippines’ highest judicial court, as well as the court of last
resort. The court consists of 14 associate justices and a chief justice.