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Name: Carlo M.

Gesta

Course: BSIT-1A

My Evolution of Philippine Constitution Summary

1987: Constitution of biak-na-bato >The Constitution of biak na bato was the provisionary Constitution
of the Philippine Republic during the Philippine Revolution.The organs of the government under the
constitution of biak na bato is following: 1. Supreme council which was vested with the power of the
republic, headed by the president and Four Departments secretaries : Interior, Foreign Affairs, Treasury,
and War. 2. Consejo Supremo de Gracia Y Justicia ( Supreme Council of Grace and Justice) which has
given the authority to make decisions and affirm or disprove the sentences rendered by other courts
and dictate rules for the administration of Justice 3. Asamblea de Representates (Assembly of the
Representatives) which has to be convened after the revolution to create a new constitution and to elect
a new council of Government and Representative of the people.

Preamble of Biak na bato 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. 1899: Malolos
COnstitutionbKnown as the Constitución Política de Malolos and it was written in Spanish Following the
declaration of independence from Spain on June 12, 1898 and transformation of the dictatorial
government to a revolutionary government on 23 June.

Preamble of malolos constitution, 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 political constitution.1935:the
Commonwealth Constitution, this was written in 1934, approved and adopted by the Commonwealth of
the Philippines ( ) and later used by the Third Republic of the Philippines ( ).

Acts of the United States Congress, The Philippines was a United States Territory from December 10,
1898 to March 24, 1934[17] and therefore under the jurisdiction of the Federal Government of the
United States. Two acts of the United States Congress passed during this period can be considered
Philippine constitutions in that those acts defined the fundamental political principles and established
the structure, procedures, powers and duties of the Philippine government. Philippine Organic Act of
1902, The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902" or the
"Cooper Act", was the first organic law for the Philippine Islands enacted by the United States Congress.
Philippine Autonomy Act of 1916

The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the structure of the
Philippine government by removing the Philippine Commission as the legislative upper house and
replacing it with a Senate elected by Filipino voters, creating the Philippines' first fully elected national
legislature.
Tydings–McDuffie Act (1934) Though not a constitution itself, the Tydings–McDuffie Act of 1934
provided authority and defined mechanisms for the establishment of a formal constitution via a
constitutional convention. Preamble of commonwealth constitution The Filipino people, imploring the
aid of Divine Providence

1987: Freedom constitution (constitution after martial Law), On February 11, 1987, the new constitution
was proclaimed ratified and took effect. Establishes the Philippines as a "democratic and republican
State", where "sovereignty resides in the people and all government authority emanates from them".
Executive branch, is headed by the President and his appointed Cabinet. The President is the head of the
state and the chief executive, but he is subject to significant checks from the other branches, especially
in times of emergency, which, given the history of the country, was obviously intended to be a safeguard
against a repeat of Marcos’ martial law despotism.

Legislative branch, The legislative power is vested in a Congress which is divided into two Houses, the
Senate and the House of Representatives. The 24 members of the Senate are elected at large by a
popular vote and can serve no more than two consecutive 6-year terms.

The House is composed of 250 elected members. Most of these Representatives are elected by district
for 3-year terms, but 20% of the total membership is chosen in proportion to party representation.
Besides the exclusive power to legislate, one of the most important powers of Congress is the ability to
declare war, which it can through a two-thirds vote in both houses.

Judicial branch, The Court system in the Philippines exercises the judicial power of government and it is
made up of a Supreme Court and lower courts created by law. The Supreme Court is a 15- member court
appointed by the President without need for confirmation by Congress. Appointment, however, is
limited to a list of nominees presented to the President by a constitutionally-specified Judicial and Bar
Council.

This Council consists of 7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a
representative from Congress, a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court, and a representative of the private sector. The first four serve for four
years, the law professor for three, the retired Justice for two, and the private sector representative for
one year.

The Supreme Court Justices may hear, on appeal, any cases dealing with the constitutionality of any law,
treaty, or decree of the government, cases where questions of jurisdiction or judicial error are
concerned, or cases where the penalty is sufficiently grave. It may also exercise original jurisdiction over
cases involving government or international officials. The Supreme Court also is charged with overseeing
the functioning and administration of the lower courts and their personnel.

Changing of the constitution, Constitutional reform in the Philippines, also known as Charter Change
(colloquially Cha-Cha) refers to the political and legal processes needed to amend the current 1987
Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can
be proposed by one of three methods: a People's Initiative, a Constituent Assembly or a Constitutional
Convention.

People's Initiative (or "PI") is a common appellative in the Philippines that refers to either a mode for
constitutional amendment provided by the 1987 Philippine Constitution or to the act of pushing an
initiative (national or local) allowed by the Philippine Initiative and Referendum Act of The appellative
also refers to the product of either of those initiatives. A Constitutional Convention, is one of the three
methods to amend the Constitution of the Philippines. The others are a People's Initiative or a
Constituent Assembly. Article XVII, Section 3 of the Constitution says, "The Congress may, by a vote of
two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members,
submit to the electorate the question of calling such a convention.

Proposed amendments or revision to the 1987 Constitution, Ramos Administration. The first attempt to
amend the 1987 Constitution was under President Fidel Ramos. Among the proposed changes in the
constitution included a shift to a parliamentary system and the lifting of term limits of public officials.
Ramos argued that the changes will bring more accountability, continuity, and responsibility to the
"gridlock"-prone Philippine version of presidential bicameral system. Some politically active religious
groups, opposition politicians, business tycoons and left-wing organizations opposed the process that
was supposed to lead to a national referendum. Critics argued that the proposed constitutional changes
for one would benefit the incumbent, Ramos. On September 21, 1997, a church-organized rally brought
in an estimated half a million people to Rizal Park.

Furthermore, on September 23, 1997, the advocates suffered a setback when the Supreme Court, under
Chief Justice Andres Narvasa, narrowly dismissed a petition filed by the People's Initiative for Reform,
Modernization and Action (PIRMA), which sought to amend the Constitution through a signature
campaign or People's Initiative.

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