Explain

The history of our constitutions spans to almost a century and because of our
colonial history, there are shifts and turns to be expected. To guide you through this,
the table that follows presents a timeline of developments in our Government and
our constitution with other relevant information.
A Brief History of the Constitutions of the Philippines
1897 Biak na Bato Constitution
Felix Ferrer and Isabelo Artacho copied the Cuban Constitution of
Jimaguayu. The difference is that the Biak na Bato Constitution
proclaimed Tagalog to be the official language of the republic
President: Emilio Aguinaldo
1899 The Malolos Constitution
This is the Constitution of the First Philippine Republic
It established a unicameral legislature
The legislative branch was more powerful than the executive and
judiciary
President: Emilio Aguinaldo
The First Philippine Republic Lasted from 1899-1901
1902 Philippine Organic Act of 1902 (Cooper Law)
American Passed by the U.S. Congress
occupation Created the Philippine Assembly composed of Filipinos
Provided a bill of rights which guaranteed Filipinos rights like : free
speech, free press, and freedom to petition for the redress of grievances.
Allowed the Filipinos to send two representatives (resident
commissioners) to the US Congress only to discuss matters about the
Philippines but not to vote
Civil governor of the Philippines: William Howard Taft

1916 Philippine autonomy act of 1916 (Jones Law)

Approved by the U.S. Congress
Included the first pledge of Philippine independence
Used along with Philippine Bill of 1902 until 1935
Provided for a government patterned after the U.S government with
three branches: Executive, Legislative, Judicial
Most important provision: Bill of Rights
Governor General of the Philippines: Francis Burton Harrison
1934 Philippine independence act (Tydings-McDuffe Law) by the U.S. congress
Set the parameters for the creation of a Philippine constitution
A constitutional convention was created for the Commonwealth

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 Constitution
Signed by U.S. President Franklin D. Roosevelt
1935 Ratification of the 1935 Constitution
Inauguration of the Commonwealth of the Philippines
Condition: it would remain the constitution of the Philippines until the
granting of Independence (July 4, 1946) after which shall be known as
the Republic of the Philippines
Influenced strongly by the earlier organic acts and the United States
Constitution
President of the Commonwealth: Manuel L. Quezon
1940 Amendment of the 1935 constitution by the National Assembly of the Phil
Congress was changed from unicameral to bicameral
Changed the term limit of the President of the Philippines from 6 years
w/o reelection to 4 years with possibility of a second-term reelection
1943 1943 Constitution under the Japanese sponsored government
Japanese Second Republic lasted until 1945 after the liberation of the Philippines.
Occupation The 1935 Constitution was again in effect
President of the Second Republic: Jose P. Laurel
1946 July 4 1946 Philippine Independence from the Americans
President of the Third Republic: Manuel A. Roxas
1947 Amendment of the 1935 constitution through Commonwealth Act No.
733
Parity amendment: US citizens have equal rights with Filipino citizens to
operate public utilities and develop the country’s natural resources
The 1935 constitution remained until the Sept. 23 1972 (Declaration of
Martial Law)
1973 Ratification of the 1973 Constitution
Martial Law Amendments:
Era The Incumbent President became the regular President and Prime
Minister
Established a modified parliamentary form of government
President: Ferdinand Marcos
1981 Inauguration of the Fourth Republic
President: Ferdinand Marcos
1986 Proclamation No. 3 - Transitory constitution or “Freedom Constitution”
Creation of a Constitutional Commission
1987 Ratification of the 1987 Constitution
Post-EDSA The start of Fifth Republic
Revolution
Basic Principles of the 1987 Constitution (Sourced from Hector De Leon‘s
Book ―Textbook on the Philippine Constitution 2005 edition)

1. Preamble - Recognition of the aid of Almighty God

2. Art II Sec 1 – Sovereignty of the people
3. Art II Sec 2 – Renunciation of war as an instrument of national policy
4. Art II Sec 3 – Supremacy of civilian authority over the military
5. Art II Sec 6 – Separation of church and state

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 6. Art II Sec 12, 13, Art XV – Recognition of the importance of the family as
a basic social institution and of the vital role of the youth in nation-
building
7. Art III Sec 1-22 Guarantee of human rights
8. Art V Sec 1 – Government through suffrage
9. Art VI Sec 1 – Separation of powers
10. Article VIII Sec 1 – Independence of the judiciary
11. Art X sec 2 – Guarantee of local autonomy
12. Art XI Sec 1 – High sense of public service morality and accountability
of public officers
13. Art XII, Sec 2, 3, 17, 18 – Nationalization of natural resources and
certain private enterprises affected with public interest
14. Art XVI - Non-suability of the State
15. Rule of the majority
16. Government of laws and not of men.

Elaborate
One of the reasons why the 1987 Constitution is so significant is Article III or the Bill of
Rights which provide protection against possible abuse of power by the state. Below are
some of the essential provisions of the Bill of Rights:

Right to due process and equal protection of law

Right against searches and seizures without a warrant issued by a judge
Right to privacy
Right to freedom of speech and expression, freedom of the press, freedom of assembly,
and the right to petition
The free exercise of religion
Right of abode and the right to travel
Right to information on matters of public concern
Right to form associations
Right of free access to courts
Right to remain silent and to have competent legal counsel
Right to bail and against excessive bail conditions
Right to habeas c to a speedy trial
Right against self-incrimination
Right to political beliefs and aspirations
Prohibition against cruel, degrading, or inhuman punishment
Protection providing for no imprisonment for debt
Right against double jeopardy
Prohibition of ex post facto laws and bills of attainder.

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means, electronic, mechanical, photocopying, recording, or otherwise of any part of this document, without the prior written permission of SLU, is strictly prohibited. 60