THE CONSTITUTION OF THE PHILIPPINES AND ITS IMPLICATION TO DEVELOPMENT

Before we start discussing the constitution, we will firstly discuss the concepts that we should
know before discussing the constitution.

One concept is about the state, according to Britannica, the state is a form of human association
distinguished from the other social groups by its purpose, the establishment of order and security; its
methods, the laws and their enforcement; its territory, the area of jurisdiction or geographic
boundaries; and finally by its sovereignty.

According to Pacete (2018), the state is a group of people, more or less numerous, who live
permanently on a certain portion of territory, having their own government to which the majority of the
population submits, and are free from external control.

States vary in terms of size, culture, form of governance, natural resources, language, and so on.
All states, however, have four elements: territory, government, citizens, and sovereignty. The absence of
any of these elements will not make a state be a state. The said elements of the states will be the
framework for analyzing the constitution.

For the territory, the territory is an essential component of a state. A state is a geographical unit.
Definite territory is its essential component and a state cannot exist in the air or at the sea. The size of a
State's territory may be large or small, but it must be a distinct and well-defined area of land.

For the government, the government the second essential element of a state. The government
is the state's organization, machinery, agency, or magistracy that develops, implements, enforces, and
adjudicates the rules of the state. The state's sovereign authority is exercised by its government.

For the citizen, the citizens are the county's people. They enjoy rights and freedom as citizens,
and they have responsibilities towards the state. There is no absolute limit for the size of population
essential for a State. However, it is understood that the population should not be too high or excessively
small.

For the sovereignty, the sovereignty is the most important element of a state. It is the
characteristic that sets the state apart from all other organizations. The sovereignty has two aspects
which are the internal and external. Internally, the state wields absolute control over all persons and
organizations within its defined territory. It has the power to force people to obey its rules and orders.
Externally, the state is independent of any external state or foreign rule. And this is also sometimes
referred to as independence.

So, these are the elements that will be used as a framework for analyzing the
constitutions.

For the concept of Constitution, by definition according to Merriam Webster, the constitution is
the basic principles and laws of a nation, state, or social group that determine the powers and duties of
the government and guarantee certain rights to the people in it.

Also, according to Kumar (2012), a constitution is the fundamental law according to which the
government of a state is organized and agreeable to which the relations of individuals or moral persons
of the community are determined.
 It may be written in instrument, a precise text or series of texts enacted at a given time by a
sovereign power; or it may be the more or less definite result of a legislative acts, ordinances, judicial
decisions, precedents, and customs of diverse origin and of unequal value and importance.

In the history of our country, the Philippines had framed seven constitution. (1) is “Constitution
of the Biak-na-Bato Republic, 1897”. (2) “Constitution of the Malolos Republic, 1899”. (3) “The 1935
Constitution of the Philippines”. (4) The Constitution of the Second Philippine Republic, 1943”. (5) “The
1973 Constitution”. (6) “The freedom Constitution, 1986”. (7) “The 1987 Constitution”.

For the Constitution of the Biak na Bato Republic 1897, Aguinaldo and his men had already
formed a constitutional government at Biak-na-Bato, named the Biak-na-Bato Republic, prior to July
1897. Felix Ferrer and Isabelo Artacho drafted the Republic's provisional constitution, which was nearly
word for word copied from the Cuban constitution of Jimaguayu. On November 1, 1897, the Biyak-na-
bato Constitution was signed. Its preamble states:

“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, November 1, 1897, unanimously
adopted the following articles for the constitution of the State.”

The Biak-na-Bato Constitution provided for the establishment of a Supreme council that would
serve as the highest governing body of the Republic. It also outlined certain basic human rights, such
as freedom of religion, freedom of the press, and the right to education.

For the next Constitution, the Constitution of the Malolos Republic, 1899, Aguinaldo convened
the Revolutionary Congress at Barasoain, Malolos, in compliance with the decrees of June 18 and 23,
1898. The state of peace and order in certain provinces forced Aguinaldo to name their delegates to
Congress. The basilica at Barasoain was packed with delegates and spectators on the morning of
September 15. In the afternoon, the Congress elected its officers, comprising President Pedro A.
Paterno, Vice-President Benito Legarda, First Secretary Gregorio Araneta, and Second Secretary Pablo
Ocampo.

A committee was formed to draft the constitution, with Felipe G. Calderon as the committee's
most influential member. After putting Mabini's Constitutional Program on the aside, the commission.
Calderon also set aside, but in a subtle manner, Paterno's constitutional proposal, which bore a close
resemblance to the Spanish Constitution of 1869. Calderon drafted his constitution with the assistance
of Cayetano Arellano, a visionary but unreconstructed mestizo who took inspiration from the
constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and France.

A few other amendments were inserted in the draft constitution before it was sent to Aguinaldo
for approval. On January 21, 1899, Aguinaldo promulgated what is now known as the Malolos
Constitution.

The Malolos constitution is the first significant document created by the people's
representatives in the history of the Philippines. It is rooted in political values that originated in
American soil. It established a Filipino state with a "popular, representative, and accountable"
government composed of three distinct branches: the executive, legislative, and judicial. The
constitution had protections against violence and enumerated national and individual rights for all
citizens. The constitution as a whole is a testament to the Filipinos' capacity to chart their own political
path. It symbolized the aspirations of a people emerging from the Dark Ages into the Light of Reason at
a time of storm and stress.

For the 1935 Constitution of the Philippines, or also called “The Constitution of the Philippine
Commonwealth”, The approval of the Philippine Bill in 1902, which formed a lower legislative branch
consisting of elected Filipino representatives, and the Jones Law on the August 1916 provided the
Filipinos with the opportunity to govern themselves. The First Philippine Assembly, which convened on
October 16, 1907, was composed of educated Filipinos such as Sergio Osmena and Manuel L. Quezon,
who resurrected the question of immediate independence for the Filipinos through diplomatic missions
to the United States Congress.

The Tydings-Mcduffie Law was enacted on March 24, 1934, as a result of these measures. It
established requirements for a constitution for a ten-year period preceding the Philippines' actual
independence. 202 delegates were chosen to draft the constitution on July 10, 1934. And The
conference officially began on July 30. And The draft was then completed by January 31, 1935.

The convention accepted the draft constitution on February 8, 1935, and President Roosevelt
ratified it in Washington, D.C. on March 25, 1935. The 1935 Constitution established the Commonwealth
Government as the legislative foundation for the Commonwealth Government, which served as a
transitional government until the Philippines gained independence with an American-inspired
constitution; the Philippine government would gradually model its government structure after the
American government.

The next constitution is the 1943 constitution, during the 10 year period practice, wherein the
country was practicing to be a so called state. The country was interrupted by the arrival of the Japanese
in 1941. But in 1943 just before the Japanese left the country, there was a constitution of the second
Philippine Republic, that was actually ordered by the Japanese imperial government.

The Kapisanan ng Paglilingkod sa Bagong Pilipinas (KALIBAPI) convened and elected for
Philippine Commission for Philippine Independence (PCPI) to write a new constitution which was
finished on September 4, 1943.

The next constitution is the 1973 constitution, The Marcos Administration government system
and structure, as recorded in the 1973 Constitution, was highly known for the creation of the National
Assembly or Batasang Pambansa.

The President—head of the State and chief executive—and Vice President, will be elected
among the members of the National Assembly by a majority vote of all its members for a term of six
years, as stated in Article VII, Section 2 of the 1973 Constitution. The President’s duties and functions, as
stated in Section 6 of the same article include:

“1. Address the National Assembly at the opening of its regular session.

2. Proclaim the election of the Prime Minister.

3. Dissolve the National Assembly and call for a general election as provided herein.
4. Accept the resignation of the Cabinet as provided herein.

5. Attest to the appointment or cessation from office of Members of the Cabinet, and of other officers as
may be provided by law.

6. Appoint all officers and employees in his office in accordance with the Civil Service Law.

7. Perform such other duties and functions of State as may be provided by law.” Another difference
between the former Constitution and now, in terms of presidency, is that in the case of permanent
disability, death, removal from office or resignation, it is the Speaker of the National Assembly who will
succeed as acting President, and not the Vice President, that is until the election of a new successor.

The National Assembly or Batasang Pambansa is the unicameral legislature instituted under the
1973 Constitution, it is composed of elected representatives among provinces, representative districts
and cities in accordance with the number of the area’s inhabitants, as well as uniform and progressive
ratio. Their duties, as stated in Sections 6 – 20 of Article VIII include creating bills, electing the Speaker,
President and Prime Minister, convening once every year, withdraw its confidence from the Prime
Minister by electing a successor by a majority vote of all its members, concur treaties, evolve a
progressive system of taxation, and—by a vote of two-thirds of all its member—declare the existence of
a state of war.

The Prime Minister—head of the government and Cabinet—is responsible for exercising
Executive power, responsible as well to the National Assembly for the program of government and
determination of the guidelines of national policy. Its duties include the appointment of the members of
the Cabinet who will serve as heads of ministries, contract and guarantee foreign and domestic loans on
behalf of the country and commander-in-chief of all armed forces of the Philippines, giving him the
power to suspend the privilege of the writ of habeas corpus in case of invasion, rebellion or imminent
danger—the effect of which is known by our country people until today. As mentioned earlier, the Prime
Minister is elected by majority of the members of the National Assembly, and so there is no surprise that
majority of the appointed members of the Cabinet must come from the National Assembly as well. To
assist the Prime Minister in governance, it shall have the power to appoint the Deputy Prime Minister as
head of the ministry.

Lastly, the Judiciary will exercise Judicial power vested in the Supreme Court and such inferior
courts established. The Supreme Court is composed of a Chief Justice and fourteen Associate Justices,
and its members, along with the judges of inferior courts, shall be appointed by the President with the
qualifications prescribed by the National Assembly.

The interplay of this government system still provides a system of checks and balances, such as
the President’s right to attest to the appointment or cessation from office of any Cabinet member, or
the Prime Minister’s right to advise the President in writing to dissolve the National Assembly, and the
elections of the President and Prime Minister in the hands of the National Assembly.

Next Constitution is the Freedom Constitution, 1986, in the history of our country, as we all know,
President Ferdinand Marcos ruled the country for over 20 years. The Edsa revolution was held gathered
with millions of Filipinos showed exemplary courage and stood against, and peacefully overthrew, the
dictatorial regime of President Ferdinand E. Marcos.

So, after the 1986 EDSA People Power Revolution held on February 22 – 25, 1986, one of the first acts of
the new Administration under President Corazon C. Aquino is to adopt a provisional constitution, which
is the so called the freedom constitution, 1986.

The provisional constitution essentially adopted the 1973 constitution especially the provisions on bill of
Rights.

Under the constitution, the president has the power to appoint the members of the constitutional
commission. Which Corazon C Aquino Did.

Then with that, on May 26 1987, President Corazon C. Aquino appointed 50 Constitutional Commission
members representing various sectors of the society.

On June 2, 1986 ConCom members, led by Justice Cecilia Munoz Palma, started their sessions at the
Batasang Pambansa. By October 12, 1986, they were done with their tasks. The draft was presented to
the president on October 15, 1986

Then on February 2, 1987, a plebiscite was conducted to ratify the constitution. And the Filipinos
overwhelmingly ratified it.
https://www.britannica.com/topic/state-sovereign-political-entity

https://www.sunstar.com.ph/article/415286/Lifestyle/Pacete-Our-constitution-our-government (state)

https://www.yourarticlelibrary.com/essay/politics-essay/state-elements-and-necessity-of-the-
state/40323 (elements ng state)

https://www.preservearticles.com/political-science/what-are-the-important-elements-of-the-
state/12783 (sovereignty)

https://www.merriam-webster.com/dictionary/constitution

https://books.google.com.ph/books?
hl=en&lr=&id=yTAkDMtho0sC&oi=fnd&pg=PP8&dq=comparative+politics+prabir&ots=ej_eOCcp06&sig=
vwVG7uGTqrWEktt2FHLI1-mzwZg&redir_esc=y#v=onepage&q=comparative%20politics
%20prabir&f=false (Book PAGE 56)

http://msc.edu.ph/centennial/biak.html#:~:text=The%20separation%20of%20the%20Philippines,by
%20the%20power%20delegated%20by (Biak na Bato)

http://www.philippine-history.org/biak-na-bato.htm#:~:text=The%20Biak%2Dna%2DBato
%20Constitution,and%20the%20right%20to%20education. (Biak na Bato)

http://msc.edu.ph/centennial/malolos.html#:~:text=The%20constitution%20specifically%20provided
%20for,delegates%20elected%20according%20to%20law. (Malolos Constitution)

https://nhcp.gov.ph/the-constitution-of-the-philippine-commonwealth/#:~:text=The
%201935%20Constitution%20provided%20the,government%20system%20after%20American
%20government. (1935)

http://malacanang.gov.ph/5235-70th-anniversary-of-the-second-philippine-republic/#:~:text=The
%20Second%20Philippine%20Republic%20was,Japanese%20occupation%20of%20the
%20Philippines.&text=The%20new%20Constitution%20was%20approved,KALIBAPI%20on
%20September%207%2C%201943. (1947)

https://www.chanrobles.com/aquinoproclamationo3.htm#.YIkTmrUzaMo (1986)
 D TO KASAMA

Good day classmates and teacher, we are going to report the “Philippine Constitution; 1899, 1935, 1973,
and 1987.

Before we start discussing the constitution, we will firstly discuss the concepts that we should
know before discussing the constitution.

One concept that we should know first is the concept of the state, according to Britannica, the
state is a form of human association distinguished from the other social groups by its purpose, the
establishment of order and security; its methods, the laws and their enforcement; its territory, the area
of jurisdiction or geographic boundaries; and finally by its sovereignty.

State is a community of persons more or less numerous, permanently occupying a definite

portion of territory, independent of external control, and possessing an organized government to which
the great body of inhabitants render habitual obedience – Dugan-Listana

States vary in shapes and sizes, cultures, forms of government, natural resources, language, etc.
However, all states possess four elements: a) territory, b) government, c) citizens, and d) sovereignty.
The absence of any of these elements will not make a state be a state. The said elements of the states
will be the framework for analyzing the constitution (Constitution, 1899, 1935, 1973, 1987).

For the territory, the territory is a fixed area or surface of the earth where the inhabitants of a
state live and where they maintain a government of their own. There are three components of territory:
a) the land mass otherwise known as the terrestrial domain, b) the internal and external waters, which
make up the maritime and fluvial domain; and c) the air space above the land and waters, which is called
the aerial domain.

For government, the government is the institution or aggregate of institutions by which an

independent society makes and carries out those rules of action which are necessary to enable men to
live in a social state, or which are imposed upon the people forming that society by those who possess
the power or authority of prescribing them (Bernas, 2007). Simply, it refers to the agency through which
the will of the state is formulated, expressed and implemented.

For citizen, the citizens are the inhabitants of the state. It is the entire body of those citizens of
the state who are vested with political power for political purposes. There is no specific number of
people required in order that a state be considered as one. However, it is important that the number
must be numerous enough to be self-sufficient and to defend themselves and small enough to be
administered.

For sovereignty, is referred to as the supreme, absolute and uncontrollable power by which any
state is governed. It has two manifestations: a) internal, which is the power of the State to rule within its
territory; and b) external, which is the freedom of the State to carry out its activities without subjection
to or control by other States. And This is often called as independence.

So, these are the elements that will be used as a framework for analyzing the
constitutions.
 For the concept of Constition, by definition according to Merriam Webster, the constitution is
the basic principles and laws of a nation, state, or social group that determine the powers and duties of
the government and guarantee certain rights to the people in it.

Also, according to Kumar (2012), a constitution is the fundamental law according to which the
government of a state is organized and agreeable to which the relations of individuals or moral persons
of the community are determined.

It may be written in instrument, a precise text or series of texts enacted at a given time by a
sovereign power; or it may be the more or less definite result of a legislative acts, ordinances, judicial
decisions, precedents, and customs of diverse origin and of unequal value and importance.

In the history of our country, the Philippines had framed seven constitution. (1) is “Constitution
of the Biak-na-Bato Republic, 1897”. (2) “Constitution of the Malolos Republic, 1899”. (3) “The 1935
Constitution of the Philippines”. (4) The Constitution of the Second Philippine Republic, 1943”. (5) “The
1973 Constitution”. (6) “The freedom Constitution, 1986”. (7) “The 1987 Constitution”.

For the Constitution of the Biak na Bato Republic 1897, before July 1897, Aguinaldo and his men
had already established a republican government at Biak-na-Bato, known as the Biak-na-Bato Republic.
The provisional constitution of this Republic was prepared by Felix Ferrer and Isabelo Artacho, who
copied, almost word for word, the Cuban constitution of Jimaguayu. The Biyak-na-bato Constitution was
signed on November 1, 1897. Its preamble states:

“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, November 1, 1897, unanimously
adopted the following articles for the constitution of the State.”

The Biak-na-Bato Constitution provided for the establishment of a Supreme council that would
serve as the highest governing body of the Republic. It also outlined certain basic human rights, such
as freedom of religion, freedom of the press, and the right to education.

For the next Constitution, the Constitution of the Malolos Republic, 1899, In accordance with
the decrees of June 18 and 23, 1898, Aguinaldo convoked the Revolutionary Congress at Barasoain,
Malolos. Peace and order conditions in some provinces were such that Aguinaldo was compelled to
appoint their delegates to Congress. In the morning of September 15, the basilica at Barasoain was filled
with delegates and spectators. In the afternoon, the Congress proceeded to elect its officers, namely,
Pedro A. Paterno, President; Benito Legarda, Vice-President; Gregorio Araneta, First Secretary; and
Pablo Ocampo, Second Secretary.

A committee to draft the constitution was created with Felipe G. Calderon as its most prominent
member. Having set Mabini's Constitutional Program aside, the committee. Under the influence of
Calderon, also set aside, but in a subtle manner, Paterno's constitutional plan, which smelled strongly of
the Spanish Constitution of 1869. With the advise of Cayetano Arellano, a brilliant but unreconstructed
mestizo, Calderon drew up his plans for a constitution, deriving inspiration from the constitutions of
Mexico, Belgium, Guatemala, Costa Rica, Brazil and France. In the session of Oct 8, Calderon presented
the draft of this constitution.

A few other amendments were inserted in the draft constitution before it was sent to Aguinaldo
for approval. On January 21, 1899, Aguinaldo promulgated what is now known as the Malolos
Constitution.

The Malolos constitution is the first important Filipino document ever produced by the people's
representatives. It is anchored in democratic traditions that ultimately had their roots in American soil. It
created a Filipino state whose government was "popular, representative and responsible" with three
distinct branches - the executive, the legislative and the judicial. The constitution specifically provided
for safeguards against abuses, and enumerated the national and individual rights not only of the
Filipinos and of the aliens. The constitution as a whole is a monument to the capacity of the Filipinos to
chart their own course along democratic lines. In a period of storm and stress, it symbolized the ideals of
a people who had emerged from the Dark Ages into the Light of Reason.

For the 1935 Constitution of the Philippines, or also called “The Constitution of the Philippine
Commonwealth”, The ratification of the Philippine Bill of 1902, which called for the creation of a lower
legislative branch composed of elected Filipino legislators, and the Jones Law in August 1916 gave the
Filipinos the opportunity to govern themselves better. The First Philippine Assembly, which convened
on October 16, 1907, was composed of educated Filipinos as Sergio Osmeña and Manuel L. Quezon,
who revived the issue of immediate independence for the Filipinos and this was expressed by sending
political missions to the US Congress.

The efforts result to the passage of the Tydings-Mcduffie Law on March 24, 1934. It provided for
the guidelines for a constitution for a 10-year period before the actual grant of Philippines
independence. On July 10, 1934, 202 delegates were elected to write the constitution. The convention
opened on July 30. Then the draft was finished by January 31, 1935.

The draft of the constitution was approved by the convention on February 8, 1935 and ratified
by Pres. Roosevelt in Washington D.C on March 25, 1935. The 1935 Constitution provided the legal basis
of the Commonwealth Government which was considered a transition government before the granting
of the Philippine independence with American-inspired constitution; the Philippine government would
eventually pattern its government system after American government. It has been said that the 1935
Constitution was the best-written Philippine charter ever.

The next constitution is the 1943 constitution, during the 10 year period practice, wherein the
country was practicing to be a so called state. The country was interrupted by the coming of the
Japanese in 1941. But in 1943 just before the Japanese left the country, there was a constitution of the
second Philippine Republic, that was actually ordered by the Japanese imperial government.

The Kapisanan ng Paglilingkod sa Bagong Pilipinas (KALIBAPI) convened and elected for
Philippine Commission for Philippine Independence (PCPI) to write a new constitution which was
finished on September 4, 1943.

According to Pacete (2018), the state is a group of people, more or less numerous, who live
permanently on a certain portion of territory, having their own government to which the majority of the
population submits, and are free from external control.
 States vary in terms of size, culture, form of governance, natural resources, language, and so on.
All states, however, have four elements: territory, government, citizens, and sovereignty. The absence of
any of these elements will not make a state be a state. The said elements of the states will be the
framework for analyzing the constitution.

For the citizen, the citizens are the county's people. They enjoy rights and freedom as citizens
and they have responsibilities towards the state. There is no absolute limit for the size of population
essential for a State. However, it is understood that the population should not be too high or excessively
small.

For the territory, the territory is the states second most important component. A state is a
geographical unit. Definite territory is its essential component and a state cannot exist in the air or at
the sea. The size of a State's territory may be large or small, but it must be a distinct and well-defined
area of land.

For the government, the government the third essential element of a state. The government is
the state's organization, machinery, agency, or magistracy that develops, implements, enforces, and
adjudicates the rules of the state. The state's sovereign authority is exercised by its government.

For the sovereignty, the sovereignty is the most important element of a state. It is the
characteristic that sets the state apart from all other organizations. The sovereignty has two aspects
which are the internal and external. Internally, the state wields absolute control over all persons and
organizations within its defined territory. It has the power to force people to obey its rules and orders.
Externally, the state is independent of any external state or foreign rule.