words.
The Constitution of the United
What is a
Constitution?
A constitution is an aggregate of
fundamental principles or
established precedents that constitute
the legal basis of a polity, organization, or
another type of entity, and commonly
determine how that entity is to be governed.
In short, it is the fundamental framework
that governs the fundamental aspects of
the state specifying
the territory, the people, the government,
and the sovereignty, the four basic
elements of statehood.
The term constitution comes
through French from
the Latin word constitutio, used for
regulations and orders, such as
the imperial enactments (constitutiones
principis: edicta, mandata, decreta,
rescripta). Later, the term was widely used
in canon law for an important
determination, especially a decree issued
by the Pope, now referred to as
an apostolic constitution.
When these principles are written down into
a single document or set of legal
documents, those documents may be said
to embody a written constitution; if they are
written down in a single comprehensive
document, it is said to embody a codified
constitution. Some constitutions (such
as that of the United Kingdom) are
uncodified or unwritten but written in
numerous fundamental Acts of a legislature,
court cases or treaties.
The Constitution of India is
the longest written constitution of any
country in the world, containing 444 articles
in 22 parts, 12 schedules, and 124
amendments, with 146,385 words in
its English-
language version. The Constitution
of Monaco is the shortest written
constitution, containing 10 chapters with 97
articles, and a total of 3,814
States is the world's oldest continuously-
active codified constitution, having been in
force since 1789.
The Philippine
Constitution through
the Years
How about our very own constitution? What
do you know about our fundamental law of
the land? Our own constitution has a very
colorful history too. Let us begin our
learning journey by looking at the evolution
of the Philippine Constitution.
Malolos Congress in 1898. Image courtesy of
http://en.wikipedia.org/wiki/Image:Malolos_congress.j
pg
The Philippines has had a total of six
constitutions since the Proclamation of
Independence on June 12, 1898. In 1899,
the Malolos Constitution, the first
Philippine Constitution—the first
republican constitution in Asia—was
drafted and adopted by the First Philippine
Republic, which lasted from 1899 to 1901.
During the American Occupation, the
Philippines was governed by the laws of the
United States of America. Organic Acts
were passed by the United States Congress
for the administration of the Government of
the Philippine Islands. The first was
the Philippine Organic Act of 1902, which
provided for a Philippine Assembly
composed of Filipino citizens. The second
was the Philippine Autonomy Act of 1916,
which included the first pledge of Philippine
independence. These laws served as
constitutions of the Philippines from 1902 to
1935.
In 1934, the United States Congress passed
the Philippine Independence Act, which set
the parameters for the creation of a
constitution for the Philippines. The Act
mandated the Philippine Legislature to call
for an election of delegates to
a Constitutional Convention to draft a
Constitution for the Philippines. The 1934
Constitutional Convention finished its work
on February 8, 1935. The Constitution was
submitted to the President of the United
States for certification on March 25, 1935. It
was in accordance with the Philippine
Independence Act of 1934. The 1935
Constitution was ratified by the Filipino
people through a national plebiscite, on May
14, 1935 and came into full force and effect
on November 15, 1935 with the
inauguration of the Commonwealth of the
Philippines. Among its provisions was that it
would remain the constitution of the
Republic of the Philippines once
independence was granted on July 4, 1946.
In 1940, the 1935 Constitution was
amended by the National Assembly of the
Philippines. The legislature was changed
from a unicameral assembly to
a bicameral congress. The amendment
also changed the term limit of the President
of the Philippines from six years with no
reelection to four years with a possibility of
being re-elected for a second term.
The Congress of the Philippines. Image courtesy of
CNN Philippines.com
During World War II the Japanese-
sponsored government nullified the 1935
Constitution and appointed Preparatory
Committee on Philippine Independence to
replace it. The 1943 Constitution was used
by the Second Republic with Jose P.
Laurel as President.
Upon the liberation of the Philippines in
1945, the 1935 Constitution came back into
effect. The Constitution remained unaltered
until 1947 when the Philippine Congress
called for its amendment
through Commonwealth Act No. 733. On
March 11, 1947 the Parity
amendment gave United States citizens
equal rights with Filipino citizens to develop
natural resources in the country and operate
public utilities. The Constitution, thereafter,
remained the same until the declaration of
martial law on September 23, 1972.
Before President Marcos declared Martial
Law, a Constitutional Convention was
already in the process of deliberating on
amending or revising the 1935 Constitution.
They finished their work and submitted it to
President Marcos on December 1, 1972.
President Marcos submitted it for ratification
in early January of 1973. Foreseeing that a
direct ratification of the constitution was
bound to fail, Marcos issued Presidential
Decree No. 86, s. 1972, creating citizens
assemblies to ratify the newly drafted
constitution by means of a Viva Voce vote
in place of secret ballots. Marcos
announced that it had been ratified and in
full force and effect on January 17, 1973.
Although the 1973 Constitution had
been “ratified” in this manner, opposition
against it continued. Chief Justice Roberto
V. Concepcion in his dissenting opinion in
the case of Javellana v. Executive
Secretary, exposed the fraud that
happened during the citizen’s assembly
ratification of the 1973 Constitution on
January, 10 – 15, 1973. However, the final
decision of this case was that the ratification
of the 1973 Constitution was valid and was
in force.
When democracy was restored in
1986, President Corazon C.
Aquino issued Proclamation No. 3,
suspending certain provisions of the 1973
Constitution and promulgating in its stead a
transitory constitution. A month later,
President Aquino issued Proclamation No.
9, s. 1986, which created a Constitutional
Commission tasked with writing a new
charter to replace the 1973 Constitution.
The commission finished its work at 12:28
a.m. of October 16, 1986. National
Plebiscite was held on February 2, 1987,
ratifying the new constitution. On February
11, 1987, by virtue of Proclamation No. 58,
President Aquino announced the official
canvassing of results and the ratification of
the draft constitution. The 1987
Constitution finally came into full force and
effect that same day with the President,
other civilian officials, and members of the
Armed Forces swearing allegiance to the
new charter.
Constitution Day
The Constitution Day is one of the official holidays
celebrated in the Philippines celebrated in various
dates in the past until today.
For every constitutional change the
Philippines has experienced, a
corresponding proclamation was issued in
order to celebrate the date that each charter
was put into full force and effect—with the
exception the 1943 Constitution. President
Emilio Aguinaldo issued the first
proclamation that celebrated the
effectiveness of a constitution in 1899
on January 23, 1899.
When the United States Congress
authorized the creation of a constitution for
the Philippines in accordance with the
Tydings-Mcduffie Act of 1934, a
Constitutional Convention was established
to draft a charter for the Philippines and
it finished its work on February 8, 1935. On
the inauguration of the Commonwealth of
the Philippines on November 15, 1935, the
new charter came into full force and effect.
A year later, President Manuel L. Quezon
issued Proclamation No. 36, s. 1936,
declaring the 8th of February of every year
as Constitution Day to commemorate the
completion of the 1934 Constitutional
Convention’s task. This commemoration
was observed throughout the
Commonwealth of the Philippines and the
Third Republic, up until the declaration of
martial law on September 23, 1972.
In 1973, after the declaration of martial law,
the 1935 Constitution was replaced by a
new charter, the 1973 Constitution. In
commemoration, President Marcos,
repealed President Quezon’s Proclamation
No. 36, s. 1936, by virtue of Proclamation
No. 1219, s. 1973, which moved
Constitution Day from February 8 to
January 17 of every year. This proclamation
commemorated the day when President
Marcos certified that the new Constitution
had been ratified. Constitution day was
commemorated until the end of President
Marcos term but was overshadowed by the
Proclamation making September 21st of
every year “Thanksgiving day”, the date
indicated on Presidential Proclamation No.
1081, s. 1972: Martial law, however, was
actually declared two days later when
President Marcos announced it through
nationwide television.
When democracy was restored in
1986, the 1973 Constitution was
replaced by first the freedom
constitution, also known as
Proclamation No. 3, s. 1986, then
our current constitution, the 1987
Constitution. This constitution came
into full force and effect on February
11, 1987, after President Corazon C.
Aquino issued Proclamation No. 58,
s. 1987. The proclamation issued by
President Aquino included the
results of the plebiscite held on
February 2, 1987.
After the ratification of the 1987
Constitution, President Aquino issued
Proclamation No. 211 s, 1988, which moved
the commemoration of Constitution Day
from January 17 to February 2 of every
year—a proclamation still in effect to this
day.

The Biak-na-Bato
Constitution of 1897
The Katipunan's opening of direct skirmishes led
to an open revolution that spread like wildfire
which was very difficult for the Spanish colonial
administration to contain. Despite being placed
under martial rule, the first eight provinces that
led the revolution grew in number, and
skirmishes were reported everywhere in the
archipelago. A change of leadership in the
Spanish colonial administration struggled to
contain the tide of the nationalistic storm which
engulfed the nation.
However, the arrival of "iron-fisted" Governor-
General Camilo de Polavieja slowed down the
pace of the revolutionary war. This led to the
Tejeros Convention where, at San Francisco de
Malabón, Cavite, on March 22, 1897, the first
presidential and vice-presidential elections in
Philippine history were held although only
Katipuneros (viz., members of the Katipunan)
were able to take part, and not the
general populace. Emilio Aguinaldo, the newly-
elected President, defeating Andres Bonifacio,
started consolidating his power by eliminating
possible oppositions including the Bonifacio
brothers.
Government. The organs of the government
under the Constitution were:
1.
1. the Supreme Council, which was vested
with the power of Republic, headed by
the president and four department
secretaries: the interior, foreign affairs,
treasury and war;
2. the Consejo Supremo de Gracia Y
Justicia (Supreme Council of Grace and
Justice), which was given the authority
to make decisions and affirm or
disprove the sentences rendered by
other courts and to dictate rules for the
administration of justice; and
3. the Assemblea de
Representates (Assembly of
Representatives), which was to be
convened after the revolution to create
a new constitution and to elect a new
Council of Government and
Representatives of the people.
The Constitution of Biak-na-Bato was never fully
implemented since a truce, the Pact of Biak-na-
Bato, was signed between the Spanish and the
Philippine Revolutionary Army.

With Bonifacio gone, the wild fervor of

nationalism seemed to be grounded and the
Filipino revolutionaries begin resorting to their
"tribalistic" tendencies which led to their
successive defeats in head-to-head battles
against the better equipped and better trained
Spanish armt. Aguinaldo moved about, escaping
defeat from town to town until he reached a
remote and dense jungle in Biak-na-Bato, in San
Miguel de Mayumo, Bulacan. A later meeting of
the revolutionary government established there,
held on November 1, 1897 they established the
Republic of Biak-na-Bato. The republic had a
constitution drafted by Isabelo Artacho and Félix
Ferrer and based on the first Cuban
Constitution. It is known as the "Constitución
Provisional de la República de Filipinas", and
was originally written in and promulgated in the
Spanish and Tagalog languages.

The Constitution of Biak-na-Bato was the

provisionary Constitution of the Philippine
Republic during the Philippine Revolution and
was promulgated by the Philippine Revolutionary

The Malolos Constitution
of 1899
The 1899 Philippine Constitution informally
known as the Malolos Constitution, was the
constitution of the First Philippine Republic, also
know as Malolos Republic. It was written
by Felipe Calderón y Roca and Felipe
Buencamino as an alternative to a pair of
proposals to the Malolos Congress
by Apolinario Mabini and Pedro Paterno. After
a lengthy debate in the latter part of 1898, it was
promulgated on 21 January 1899.
The document was patterned after
the Spanish Constitution of 1812, with
influences from the charters of Belgium, Mexico,
Brazil, Nicaragua, Costa Rica, and Guatemala,
and the French Constitution of 1793. The
Malolos Constitution was likewise influenced by
the Kartilya, the charter of laws and morals of
the Katipunan written by Emilio Jacinto in 1896;
the Biak-na-Bato Constitution of 1897 planned
by Isabelo Artacho and Felix Ferrer; Mabini's
Constitutional Program of the Philippine
Republic of 1898; the provisional constitution of
Mariano Ponce in 1898 that followed the
Spanish constitutions; and the autonomy
projects of Paterno in 1898.
The Malolos Constitution was
the first republican constitution in Asia. It
declared that sovereignty resides exclusively in
the people, stated basic civil rights, separated
the church and state, and called for the creation
of an Assembly of Representatives to act as the
legislative body. It also called for
a parliamentary republic as the form of
government. The president was elected for a
term of four years by a majority of the Assembly.
It was titled "Constitución política", and was
written in Spanish following the declaration of
independence from Spain, proclaimed on
January 20, 1899, and was enacted and ratified
by the Malolos Congress, a congress held
in Malolos, Bulacan.
Legacy of the 1899 Philippine
Constitution
The First Philippine Republic never
gained international recognition and the Malolos
Constitution was never fully implemented across
the Philippines.
Following Spain's defeat in the Spanish–
American War, the United States in the Treaty of
Paris of 1898 acquired the Philippines from
Spain, along with several other territories. On
February 4, 1899, the Philippine–American War
started with the Battle of Manila of 1899. On
March 23, 1901, Aguinaldo was captured. On
April 19, he issued a Proclamation of Formal
Surrender to the United States, telling his
followers to lay down their weapons and give up
the fight. General Miguel Malvar took over the
leadership of the Filipino government, or what
remained of it. Malvar surrendered, along with
his sick wife and children and some of his
officers, on April 13, 1902.
Isagani Giron, a past president of the historical
society of Bulacan (Sampaka), described the
Malolos Constitution as "the best Constitution
the country ever had".
The original copy of the Malolos Constitution is
located in the historical archives of the Batasang
Pambansa Complex, the seat of the House of
Representatives of the Philippines, though it isn't
available for public viewing.
General Aguinaldo (seated, center) and the delegates to the
first assembly that passed the constitution, in Barasoain
Church, Malolos. (Taken December 8, 1929). Image
courtesy of U.S. National Archives and Records
Administration
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 but
also for those of the aliens.
The legislative powers were exercised by the
Assembly of Representatives composed of
delegates elected according to law. To make the
function of Congress continuous, the document
provided for a Permanent Commission which
would sit as a law-making body when Congress
was not in session. The assembly elected the
President of the Republic. The Cabinet,
composed of the Secretaries of the different
departments of the government, was responsible
not to the President, but to the Assembly. The
administration of justice was vested in the
Supreme Court and in inferior courts to be
established according to law. The Chief Justice
of the Supreme Court was to be elected by the
Assembly with the concurrence of the President
and the Cabinet.
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.
The 1899 Malolos Constitution was never
enforced due to the on-going Filipino American
War. The Philippines was effectively a territory of
the United States of America upon the signing of
the Treaty of Paris between Spain and the
United States, transferring the sovereignty of the
Philippines on December 10, 1898, and from
1898 to 1901, the Philippines would be under a
military government until a civil government
would be put into place.
The Philippines was a United States
Territory from December 10, 1898, to March
24, 1934, and therefore was under the
jurisdiction of the Federal Government of
the United States. It started on December
10, 1898, by virtue of the conclusion of the
Treaty of Paris between the US government
and the dwindling Spanish empire until the
inauguration of the Philippine
Commonwealth government in 1935. This
period led to the enactment of a series of
laws that served as the basis for the
promulgation of future constitutions of the
country.
There are acts (laws) passed by the United
States Congress during this period which
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. There are the
following:
1. Philippine Organic Act of
1902
The Philippine Organic Act of 1902,
sometimes known as the "Philippine Bill of
1902" or the "Cooper Act", (US
Congressman Henry A. Cooper, the author,
is depicted on the right) was the first organic
law for the Philippine Islands enacted by the
United States Congress. It provided for the
creation of a popularly elected Philippine
Assembly and specified that legislative
power would be vested in
a bicameral legislature composed of
the Philippine Commission (upper house)
and the Philippine Assembly (lower
house). Its key provisions included a bill of
rights for the Filipinos and the appointment
of two non-voting Filipino Resident
Commissioner of the Philippines to
represent the Philippines in the United
States House of Representatives.
The Philippine Organic Act provided for the
creation of an elected Philippine
Assembly after the following conditions
were met:
1. the cessation of the existing insurrection
in the Philippine Islands;
2. completion and publication of a census;
and
3. two years of continued peace and
recognition of the authority of the United
States of America after the publication
of the census.
After the convening of the
Assembly, legislative power shall then be
vested in a bicameral legislature composed
of the Philippine Commission as the upper
house and the Philippine Assembly as the
lower house. Supervision of the islands was
assigned to the War Department's Bureau
of Insular Affairs.
Other key provisions included:
• a bill of rights for the Filipinos,
• the appointment of two Filipino
nonvoting Resident Commissioners to
represent the Philippines in the United
States Congress, and
• the disestablishment of the Roman
Catholic Church.
• conservation of natural resources for the
Filipinos
• exercise of executive power by the civil
governor who would have several
executive departments
• establishment of the Philippine
Assembly to be elected by the Filipinos
two years after the publication of a
census and only after peace had been
restored completely in the country
This act was superseded by the Philippine
Autonomy Act, or the Jones Law, enacted
on August 29, 1916. You can read the full
text of the Philippine Organic Act of
1902 here.
2. Philippine Autonomy Act
of 1916
The Jones Law, also known as
the Jones Act, (authored by Congressman
William Atkinson Jones, depicted on the
right) the Philippine Autonomy Act, and
the Act of Congress of August 29, 1916)
was an Organic Act passed by the United
States Congress. The law replaced
the Philippine Organic Act of 1902 and
acted as a constitution of the
Philippines from its enactment until 1934
when the Tydings–McDuffie Act was passed
(which in turn led eventually to
the Commonwealth of the Philippines and
to independence from the United States).
The law also changed the Philippine
Legislature into the Philippines' first fully
elected body and therefore made it more
autonomous of the U.S. Government. The
1902 Philippine Organic Act provided for an
elected lower house (the Philippine
Assembly composed of Filipinos), while
the upper house (the Philippine Commission
composed of Americans) was
appointed. The Jones Law provided for both
houses to be elected and changed the
name of the Assembly to the House of
Representatives. The executive
branch continued to be headed by an
appointed Governor-General of the
Philippines, always an American.
Elections were held on October 3, 1916, to
the newly created Philippine Senate.
Elections to the Philippine Assembly
had already been held on June 6, 1916, and
those elected in that election were made
members of the House of Representatives
by the law.
The ultimate goal for the Philippines was
independence. U.S. President Theodore
Roosevelt said as early as 1901, "We hope
to do for them what has never been done
for any people of the tropics—to make them
fit for self-government after the fashion of
really free nations." The American public
tended to view America's presence in the
Philippines as unremunerative and
expensive, so Roosevelt had concluded by
1907, "We shall have to be prepared for
giving the island's independence of a more
or less complete type much sooner than I
think advisable."
You can read the entire text of the
Philippine Autonomy Act of 1916 here.
3. Hare–Hawes–Cutting Act
(1932)
The Hare–Hawes–Cutting Act passed to
law by the US Congress was authored by
Congressman Butler B. Hare, Senator Harry
B. Hawes, and Senator Bronson M. Cutting
and was enacted January 17, 1933. The
Hare-Hawes-Cutting Act was the first US
law passed setting a process and
a date for the Philippines to gain
independence from the United States. It
was the result of the OsRox Mission led
by Sergio Osmeña and Manuel Roxas. The
law promised Philippine independence
after 10 years but reserved several
militaries and naval bases for the United
States, as well as imposed tariffs and
quotas on Philippine imports.
Though not a constitution itself, the Hare–
Hawes–Cutting Act of 1932 was the
precursor of the Tydings–McDuffie Act,
which laid down the promise of
independence to the Philippines after 10
years of the transition period and other
provisions. It passed by the United States
Congress in December 1932 but was
vetoed by U.S. President Herbert
Hoover. Congress overrode the veto on
January 17, 1933. The Philippine
Senate was required to ratify the law. With
leaders such as Manuel L. Quezon being
the Senate President opposing it, the
Philippine Senate rejected the bill.
4. Tydings–McDuffie Act
(1934)
The Tydings–McDuffie Act, officially
the Philippine Independence Act enacted
March 24, 1934), is a United States federal
law that established the process for
the Philippines, then an American colony, to
become an independent country after a ten-
year transition period. Under the act,
the 1935 Constitution of the
Philippines was written and
the Commonwealth of the
Philippines was established, with the first
directly elected President of the
Philippines.
The act was authored in the 73rd United
States Congress by Senator Millard E.
Tydings (Dem.)
of Maryland and Representative John
McDuffie (Dem.) of Alabama, (pictured on
the left) and signed into law
by President Franklin D. Roosevelt.
Though also not a constitution itself,
the Tydings–McDuffie Act of 1934 provided
for autonomy and defined mechanisms for
the establishment of a formal constitution
via a constitutional convention.
In 1934, Manuel L. Quezon, the President of
the Senate of the Philippines, headed a
"Philippine Independence mission" to
Washington, D.C. after the rejection of the
Hare-Hawes-Cutting Act of 1932 by the
OsRox Mission. It successfully lobbied
Congress and secured the act's passage. In
1935, under the provisions of the act,
the 1935 Constitution of the Philippines was
drafted and became law, establishing
the Commonwealth of the Philippines with
an elected executive, Manuel L. Quezon, as
the President of the Philippines.
In accordance with the act, President Harry
S. Truman issued Proclamation 2695
of July 4, 1946, officially recognizing the
independence of the Philippines
 L. Quezon was elected as the first President
The Commonwealth and Sergio Osmeña as Vice-President of the
Constitution of 1935 Commonwealth of the Philippines.

The Tydings-McDuffie Act 1934 provided for a

creation of a constitutional convention tasked to
draft a constitution for the establishment of the
commonwealth government. Election of the 202
delegates to the 1934 Philippine Constitutional
Convention was held on July 10, 1934, with Claro
M. Recto as the President, Ruperto Montinola, and
Teodoro Sandiko as First and Second Vice-
Presidents, Narciso Pimentel as Secretary, Narciso
Diokno as Sergeant-at-Arms, and Hilario Moncado
as Timekeeper.
The 1935 Constitution also known
as Commonwealth Constitution was written,
approved, and adopted in 1934 by the
Commonwealth of the Philippines (1935–1946)
and later used by the Third Republic (1946–
1972). It was written with an eye to meeting the
approval of the United States Government as
well, so as to ensure that the U.S. would live up
to its promise to grant the Philippines
independence and not have a premise to hold
onto its possession on the grounds that it was
too politically immature and hence unready for
full, real independence.
US President Franklin D. Roosevelt signs the Tydings-
McDuffie Law which is the organic law for the establishment
of the Commonwealth of the Philippines.
It originally provided for a unicameral legislature
composed of a president and vice president
elected for a six-year term without re-election. It
was amended in 1940 to provide for
a bicameral legislature composed of a Senate
and a House of Representatives. The President
is to be elected to a four-year term, together with
the Vice-President, with one re-election; the right
of suffrage for male citizens of the Philippines
who are twenty-one years of age or over and are
able to read and write were protected; this
protection, later on, extended to the right of
suffrage for women two years after the adoption
of the constitution.
The Legislative Building where the Commonwealth
Government was inaugurated. Image courtesy of
Wikimedia.org.
Salient features
Salient features of the 1935 Constitution include
the following: a bicameral legislature composed
of a senate and House of Representatives. The
President is to be elected to a four-year term
together with the Vice-President without re-
election; rights of suffrage by male citizens of the
Philippines who are twenty-one years of age or
over and are able to read and write; extension of
the right of suffrage to women within two years
after the adoption of the constitution.
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. Elections were held in September
1935, Manuel L. Quezon was elected as the
president of the Commonwealth. 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 an
American-inspired constitution; the Philippine
government would eventually pattern its
government system after the American
government. It has been said that the 1935
Constitution was the best-written Philippine
charter ever.

The draft of the constitution was approved by the

convention on February 8, 1935 and was ratified
by President Franklin D. Roosevelt in
Washington D.C. on March 25, 1935. Elections
were held on September 16, 1935 and Manuel

The 1943 Constitution
The transition period of the US government's
granting of freedom to the Philippines was
interrupted with the outbreak of the World War II
in the Pacific precipitated by the treacherous
bombing of Pearl Harbor US Naval Base by the
Japanese Imperial Navy on December 8, 1942.
With the coming of Japanese forces, the
Commonwealth Government moved to the US
while the Japanese forces attempted to establish
the Japanese-sponsored Philippine Republic
(JSPR).
Under the guise of their program called "Greater
East-Asia Co-Prosperity Sphere", the Japanese
lured some Filipino leaders to believe that their
intention is for the benefit of the Philippines.
Some Filipino leaders like Jose P. Laurel,
Narciso Ramos, and Jorge Vargas, among
others, were convinced, if not coerced, to join
and participate in this endeavor.
Philippine Executive Commission Chairman Jorge B. Vargas
reads a message to the Kalibapi in the presence of Lt. Gen.
Shigenori Kuroda and Speaker Benigno S. Aquino, in the old
Senate Session Hall in the Legislative Building, Manila.
Image courtesy of officialgazette.gov.ph
Upon the approval of the draft by the Committee,
the new charter was ratified in 1943 by an
assembly of appointed, provincial
representatives of the KALIBAPI (Kapisanan ng
Paglilingkod sa Bagong Pilipinas), the
organization established by the Japanese to
supplant all previous political parties. Upon the
ratification by the Kalibapi assembly, the Second
Republic was formally proclaimed (1943–
1945). José P. Laurel (depicted on the
right) was elected President by the National
Assembly and Benigno S. Aquino, Sr.
as Speaker of the National Assembly, was
sworn into office on October 14, 1943.
The 1943 Constitution remained in force in
Japanese-controlled areas of the Philippines but
was never recognized as legitimate or binding by
the governments of the United States, the
Commonwealth of the Philippines, or the
guerrilla organizations loyal to them. In late
1944, President Laurel declared war on the
United States and the British Empire and
proclaimed martial law, essentially ruling
by decree. When the Americans returned, his
government, in turn, went into exile in December
1944, first to Taiwan and then Japan. After the
announcement of Japan's surrender, Laurel
formally dissolved the Second Republic.

The 1943 Constitution was drafted by a

committee appointed by the Philippine
Executive Commission, the body established
by the Japanese to administer the Philippines in
lieu of the Commonwealth of the
Philippines which had established
a government-in-exile in the US. In mid-1942,
Japanese Premier Hideki Tojo promised the
Filipinos "the honor of independence" which
meant that the commission would be supplanted
by a formal republic.

The Preparatory Committee for Philippine

Independence tasked with drafting a new
constitution was composed, in large part, of
members of the prewar National Assembly and
of individuals with experience as delegates to
the convention that had drafted the 1935
Constitution. Their draft for the republic to be
established under the Japanese occupation,
however, would be limited in duration, provide
for indirect, instead of direct, legislative
elections, and an even stronger executive
branch.

The 1973 Constitution
A constitutional convention was called to
change the 1935 Constitution of the Philippines,
which was written to establish
the Commonwealth of the Philippines. A special
election was held on November 10, 1970, to
elect the convention's delegates, which would
convene in 1971. Former Philippine
President Carlos P. Garcia was sworn in as
the President of the Constitutional Convention
on June 1, 1971. However, he died thirteen days
after taking the oath. Former
President Diosdado Macapagal replaced
Garcia. Sotero H. Laurel served as
the President Pro-Tempore of the convention.
Former President Diosdado Macapagal presiding the 1971
Constitutional Convention. Image courtesy of Twitter.com
In September 1972, President Ferdinand
Marcos declared martial law and arrested 11
members of the convention. The convention
then re-convened and wrote a constitution in line
with what President Ferdinand Marcos wanted,
at least, according to many critics and victims of
martial law.
Anticipating rejection of his motives and eventual
loss in the plebiscite by the critics of his
administration, Marcos issued Presidential
Decree No. 86 calling for the cancellation of the
plebiscite and instituted Barangays' Citizens'
Assemblies to ratify the new constitution by
a referendum from 10–15 January 1973. On 17
January 1973, Marcos issued Proclamation No.
1102 certifying and proclaiming that the 1973
Constitution had been ratified by the Filipino
people and thereby was in effect.
These results were challenged by
the Ratification Cases heard by the Philippine
Supreme Court in 1973 but the court upheld the
results and the ratification of the 1973
Constitution.
The 1973 Constitution, promulgated after
Marcos' declaration of martial law, was
supposed to introduce a parliamentary-style
government. Legislative power was vested in
a unicameral National Assembly whose
members were elected for six-year terms. The
President was ideally elected as the symbolic
and purely ceremonial head of state chosen
from amongst the Members of the National
Assembly for a six-year term and could be re-
elected to an unlimited number of terms. Upon
election, the President ceased to be a Member
of the National Assembly. During his term, the
President was not allowed to be a member of
a political party or hold any other office.
Executive power was meant to be exercised by
the Prime Minister who was also elected from
among the sitting Assemblymen. The Prime
Minister was to be the head of
government and Commander-in-Chief of
the Armed Forces. This constitution was
subsequently amended four times (arguably
five, depending on how one considers
Proclamation No. 3 of 1986, see below).
From October 16–17, 1976, a majority
of barangay voters (also called "Citizens'
Assemblies") approved that martial law should
be continued and ratified the amendments to the
Constitution proposed by President Marcos.
The 1976 amendments provided:
• for an Interim Batasang Pambansa (IBP)
substituting for the Interim National
Assembly;
• that the President would become Prime
Minister and continue to exercise legislative
powers until such time as martial law was
lifted.
The Sixth Amendment authorized the President
to legislate on his own on an "emergency" basis:
Whenever in the judgement of the President
there exists a grave emergency or a threat or
imminence thereof, or whenever the Interim
Batasang Pambansa or the regular National
Assembly fails or is unable to act adequately on
any matter for any reason that in his judgment
requires immediate action, he may, in order to
meet the exigency, issue the necessary decrees,
orders or letters of instructions, which shall form
part of the law of the land.
A Political Cartoon depicting the 1971 Constitutional
Convention. Image courtesy of Quezon.ph
The 1973 Constitution was further amended in
1980 and 1981. In the 1980 amendment, the
retirement age of the members of the judiciary
was extended to 70 years. In the 1981
amendments, the false parliamentary system
was formally modified into a French-style semi-
presidential system and provided:
• that executive power was restored to
the President;
• that direct election of the President was
restored;
• for 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 and in the performance of his
duties as he may prescribe;" and the Prime
Minister was a mere head of the Cabinet.
• for electoral reforms and provided that a
natural-born citizen of the Philippines who
has lost his citizenship may be a
transference of private land for use by him
as his residence.
The last amendments in 1984 abolished the
Executive Committee and restored the position
of Vice-President (which did not exist in the
original, unamended 1973 Constitution) and
had Arturo Tolentino as Vice-President of
Marcos.
While the 1973 Constitution ideally provided for
a true parliamentary system, in practice, Marcos
made use of subterfuge and manipulation in
order to keep executive powers for himself,
rather than devolving these to the Assembly and
the cabinet headed by the Prime Minister. The
end result was that the final form of the 1973
Constitution – after all, amendments and subtle
manipulations – was merely the abolition of the
Senate and a series of cosmetic rewording. The
old American-derived terminology was replaced
by names more associated with a parliamentary
government: for example, the House of
Representatives became known as the
"Batasang Pambansâ" (National Assembly),
departments became "ministries", and their
cabinet secretaries became known as "cabinet
ministers", with the President's assistant – the
Executive Secretary – now being styled as the
"Prime Minister". Marcos' purported
parliamentary system in practice functioned as
an authoritarian presidential system, with all real
power concentrated in the hands of the
President but with the premise that such was
now constitutional.
The making of the 1973
Constitution
When Ferdinand Marcos declared Martial Law in
the Philippines, he used his constitutionally legal
powers to concentrate all state authority in
himself.
However, this would not be the last time Marcos
would use technicalities in his mandate as head
of state to obtain even greater power. In mere
months following September 1972, Marcos had
already set in motion an elaborate plan that
would eliminate his checks and balances from
both the other branches of government and the
Filipino people at large.
In everything he did, Ferdinand Marcos took
great pains to ensure that his actions would align
with the dictates of the law. When necessary
measures fell outside the scope of existing laws,
he changed the laws to suit his needs before
proceeding.
For implementing such a strategy his rapid
ascent to what seemed at the time like absolute
power, Marcos has been labeled a constitutional
dictator.
Absolute Power
In any democracy, checks and balances are
vital. The basic idea is that no single individual
has all the power, so that he is unable to abuse
it. Power is ideally distributed among various
bodies so that they may dispense their duties
efficiently, and balance each other’s exercise of
authority.
The Philippine government is generally divided
into three branches: the executive branch, the
legislative branch, and the judicial branch.
Following the same principle of checks and
balances, the President (executive) must thus
approve laws passed by Senate and Congress
(legislative), while the Supreme Court (judicial)
may judge the constitutionality of the President’s
actions.
Toward strengthening his dictatorial powers,
Marcos made sure to disrupt this democratic
setup. While he already had control of the
executive branch as the President, he
proceeded to take over all other functions that
the government had the mandate over. In effect,
Marcos gave himself total control over the
nation.
In General Order No. 1, signed September 22,
1972, Marcos declared:
Now, therefore, I, Ferdinand E. Marcos, President of the
Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of the Armed Forces of
the Philippines, do hereby proclaim that I shall govern the
nation and direct the operation of the entire Government,
including all its agencies and instrumentalities, in my
capacity and shall exercise all the powers and prerogatives
appurtenant and incident to my position as such
Commander-in-Chief of all the Armed Forces of the
Philippines.
By taking control of the entire government,
Marcos put himself in a position of absolute
power over the laws of the land, with no
legitimate body in existence to hold him in
check. He personally appointed every provincial
governor, city mayor, and municipal mayor
throughout the nation. Throughout his term, he
issued 1941 presidential decrees, 1331 letters of
instruction, and 896 executive orders. His word
was law.
A New Constitution
As it became clear that Marcos could indeed
exercise absolute power over the Philippine
government, one more thing had to be secured:
the indefinite extension of this power. In the
1935 Constitution, in effect at the time of
Marcos’s first and second terms of office, limited
the Presidency to a total of 2 four-year terms.
Marcos’s solution? He promulgated a change of
Constitution, which included the replacement of
Congress with the single-chamber Batasang
Pambansa (National Assembly). The new
proposed government would have a Batasang
Pambansa composed of popularly elected
legislators, a symbolic head of state in the
President, and a Prime Minister who would be
head of government, elected by the assembly.
One crucial provision was that the Prime
Minister would retain his powers unless the
assembly made it known that they had lost their
confidence in him or the President nominated a
successor. Moreover, transitory provisions in the
1973 Constitution assigned Marcos a term
extension as President.
Even before the declaration of Martial Law, a
Constitutional Convention had already been put
in place since 1971 to review and propose
amendments to the existing constitution. On
November 29, 1972, the Convention approved
their proposed Constitution, and the following
day it was submitted by the President for
ratification by the Filipino people.
This move was questioned by some legislators.
How could a Constitution be ratified by the
Filipino people in a state with neither Congress
nor free speech? Nonetheless, the President
ordered the organization of Citizen Assemblies,
wherein citizens would be asked whether they
approved of the New Society, whether they liked
the reforms instituted under Martial Law,
whether Congress should be opened again, and
when the Constitution should be ratified.
In Proclamation No. 1102, Marcos announced
that 95% of citizens at the Citizen Assemblies
approved of the new Constitution. This
announcement was also questioned, in a
landmark case known as Javellana vs.
Executive Secretary, wherein Josue
Javellana questioned the power of the President
to call for Citizen Assemblies, and the power of
the assemblies themselves to ratify the
Constitution. Others alleged that the Citizen
Assemblies themselves had been conducted
unscrupulously, with force and deception.
However, the case was dismissed by the
Supreme Court, therefore allowing the 1973
Constitution to take full effect.
Marcos had thus succeeded in fulfilling his plans
to obtain power. After transitory provisions lived
out their course, Marcos was named the Prime
Minister. He had indeed extended his stay in
power. The 1973 Constitution allowed him to
hold this position indefinitely, and he did so until
1981, at which point he appointed his finance
minister Cesar Virata to the post of Prime
Minister. However, Marcos did not consider
Virata a threat to his rule.

The making of the 1987
Constitution
If you recall, the works of the 1972 Constitutional
Convention was affected by the declaration of
martial law in September 1972 by
President Ferdinand Marcos. Eventually, on
November 29, 1972, the Convention approved
the new constitution. It was submitted to a vote
in the 1973 constitutional plebiscite. The results
of the plebiscite and the legality of the 1973
Constitution was questioned before
the Philippine Supreme Court in the Ratification
Cases. The constitution was upheld. Marcos
would continue to rule as a dictator until being
ousted by the People Power Revolution in 1986.
President Corazon C. Aquino addresses the 1987
Constitutional Commission. Photo courtesy of Official
Gazette.
Immediately following the 1986 People Power
Revolution that ousted Marcos,
President Corazon C. Aquino created –
through Proclamation No. 9 – the 1986
Constitutional Commission (ConCom), which
was responsible for drafting a replacement for
the 1973 Constitution. The new constitution, she
said, should be “truly reflective of the aspirations
and ideals of the Filipino people.”
The 1986 Constitutional
Commission
The 1986 Constitutional Commission (ConCom)
was composed of 48 individuals who
represented all sectors in the country, including,
among others, Bishop Teodoro Bacani, former
Supreme Court chief justice Roberto
Concepcion, former labor minister (and
eventually senator and foreign affairs secretary)
Blas Ople, Ateneo De Manila University
president Father Joaquin Bernas SJ, and
University of the Philippines Student Council
Chairperson (now Commission on Human
Rights chair) Chito Gascon. Click here to view
the 48 members of the Constitutional
Commission.
The first session of the commission was held on
June 2, 1986, when Cecilia Muñoz-Palma, the
first woman appointed to the Supreme Court in
1973, was elected president of
ConCom, Ambrosio Padilla as Vice-
President, Napoleon Rama as Floor Leader,
and Flerida Ruth P. Romero as Secretary-
General.
Several issues were the subject
of heated discussions within
ConCom
The proceedings in relation to the drafting of the
1987 Philippine Constitution – just like other
important legal documents in the country – were
in no doubt not without conflict.
According to accounts, members of the ConCom
engaged in heated debates during the various
sessions on many issues, including the death
penalty, economic policies, land reform, form of
government, and even the retention of American
military bases in Clark and Subic, among others.
The ConCom was able to finish its work after
more or less 111 days, according to Palma. On
October 12, 1986, the draft constitution was
passed – with 44 delegates voting for it
and two against – and was presented to Aquino
3 days after.
More than ¾ of votes were in
favor of the ratification of the
1987 Philippine Constitution
On February 2, 1987, a National Plebiscite was
held after a nationwide information campaign on
the draft constitution. The question voters had to
answer was: "Do you vote for the ratification of
the proposed Constitution of the Republic of the
Philippines with the ordinance appended
thereto?"
The results of the 1987 plebiscite canvassed by
the Commission on Elections based on returns
from 83,288 precincts – or a total of 21,785,216
votes – across the Philippines are as follows:
Votes Number of Votes Garnered
Affirmative (Yes) 16,622,111 (76.30%)
Negative (No) 4,953,375 (22.74%)
Abstention 209,730 (0.96%)
On February 11, 1987, through Proclamation
No. 58, Aquino announced the results of the
plebiscite and proclaimed the 1987 Philippine
Constitution ratified. It took effect the same day. The Constitution also established
President Corazon C. Aquino, through three independent Constitutional
Proclamation No. 211 of 1988, Commissions, namely:
assigned February 2 of each year
as Constitution Day to mark the new 1987 1. the Civil Service Commission, a central
Constitution. agency in charge of government personnel;
2. the Commission on Elections mandated to
Salient features of the enforce and administer all election laws and
regulations; and
1987 Philippine 3. the Commission on Audit, which examines
all funds, transactions, and property
Constitution accounts of the government and its
agencies.
The 1987 Philippine Constitution is the present
organic law. It is the fundamental law of the land
To further promote the ethical and lawful
because it lays down the principles of our
conduct of the government, the Office of the
present democratic institutions and the general
Ombudsman was created to investigate
spirit of all our laws. It is the supreme law in
complaints that pertain to public corruption,
which all laws must adhere thereto. It is
unlawful behavior of public officials, and other
permanent in a way that it should respond to the
public misconduct. The Ombudsman can
needs of present and future generations.
charge public officials before Sandiganbayan, a
In history, President Corazon Aquino's special court created for this purpose.
government decided to make a new Constitution
because they believe that it could break the
vestiges of Marcos's dictatorship. In 1986, a
constitutional convention was created,
composed of 48 members from different sectors
of society- lawyers, teachers, jurists, farmers,
etc. The convention drew up the present
Constitution, largely restoring the setup
abolished by Marcos in 1972.

The Constitution begins with a preamble and

eighteen self-contained articles. It established
the Philippines as a "democratic republican
state" where sovereignty resides in the people
and all government authority emanates from
them. It contains separation of powers between
the executive, legislative and judicial branches of
the government.

Preamble

"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 aspirations,
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."

What is a Constitution?
A constitution is an aggregate of
fundamental principles or
established precedents that constitute
the legal basis of a polity, organisation or other
type of entity, and commonly determine how that
entity is to be governed. In short, it is the
fundamental framework which governs the
fundamental aspects of the state specifying
the territory, the people, the government, and
the sovereignty, the four basic elements of
statehood.
The term constitution comes
through French from
the Latin word constitutio, used for regulations
and orders, such as the imperial enactments
(constitutiones principis: edicta, mandata,
decreta, rescripta). Later, the term was widely
used in canon law for an important
determination, especially a decree issued by
the Pope, now referred to as an apostolic
constitution.
When these principles are written down into a
single document or set of legal documents,
those documents may be said to embody
a written constitution; if they are written down in
a single comprehensive document, it is said to
embody a codified constitution. Some
constitutions (such as that of the United
Kingdom) are uncodified or unwritten but written
in numerous fundamental Acts of a legislature,
court cases or treaties.
The Constitution of India is the longest written
constitution of any country in the world,
containing 444 articles in 22 parts, 12 schedules
and 124 amendments, with 146,385 words in
its English-language version. The Constitution
of Monaco is the shortest written constitution,
containing 10 chapters with 97 articles, and a
total of 3,814 words. The Constitution of
the United States is the world's oldest
continuously-active codified constitution,
having been in force since 1789.
The Philippine
Constitution through the
Years
How about our very own constitution? What do
you know about our fundamental law of the
land? Our own constitution has a very colorful
history too. Let us begin our learning journey by
looking at the evolution of the Philippine
Constitution.
Malolos Congress in 1898. Image courtesy of
http://en.wikipedia.org/wiki/Image:Malolos_congress.jpg
The Philippines has had a total of six
constitutions since the Proclamation of
Independence on June 12, 1898. In 1899,
the Malolos Constitution, the first Philippine
Constitution—the first republican constitution
in Asia—was drafted and adopted by the First
Philippine Republic, which lasted from 1899 to
1901.
During the American Occupation, the Philippines
was governed by the laws of the United States
of America. Organic Acts were passed by the
United States Congress for the administration of
the Government of the Philippine Islands. The
first was the Philippine Organic Act of 1902,
which provided for a Philippine Assembly
composed of Filipino citizens. The second was
the Philippine Autonomy Act of 1916, which
included the first pledge of Philippine
independence. These laws served as
constitutions of the Philippines from 1902 to
1935.
In 1934, the United States Congress passed the
Philippine Independence Act, which set the
parameters for the creation of a constitution for
the Philippines. The Act mandated the Philippine
Legislature to call for an election of delegates to
a Constitutional Convention to draft a
Constitution for the Philippines. The 1934
Constitutional Convention finished its work on
February 8, 1935. The Constitution was
submitted to the President of the United States
for certification on March 25, 1935. It was in
accordance with the Philippine Independence
Act of 1934. The 1935 Constitution was ratified
by the Filipino people through a national
plebiscite, on May 14, 1935 and came into full
force and effect on November 15, 1935 with the
inauguration of the Commonwealth of the
Philippines. Among its provisions was that it
would remain the constitution of the Republic of
the Philippines once independence was granted
on July 4, 1946.
In 1940, the 1935 Constitution was amended by
the National Assembly of the Philippines. The
legislature was changed from
a unicameral assembly to
a bicameral congress. The amendment also
changed the term limit of the President of the
Philippines from six years with no reelection
to four years with a possibility of being
reelected for a second term.
Image courtesy of CNN Philippines.com
During World War II the Japanese-sponsored
government nullified the 1935 Constitution and
appointed Preparatory Committee on Philippine
Independence to replace it. The 1943
Constitution was used by the Second Republic
with Jose P. Laurel as President.
Upon the liberation of the Philippines in 1945,
the 1935 Constitution came back into effect.
The Constitution remained unaltered until 1947
when the Philippine Congress called for its
amendment through Commonwealth Act No.
733. On March 11, 1947 the Parity
amendment gave United States citizens equal
rights with Filipino citizens to develop natural
resources in the country and operate public
utilities. The Constitution, thereafter, remained
the same until the declaration of martial law on
September 23, 1972.
Before President Marcos declared Martial Law, a
Constitutional Convention was already in the
process of deliberating on amending or revising
the 1935 Constitution. They finished their work
and submitted it to President Marcos on
December 1, 1972. President Marcos submitted
it for ratification in early January of 1973.
Foreseeing that a direct ratification of the
constitution was bound to fail, Marcos
issued Presidential Decree No. 86, s. 1972,
creating citizens assemblies to ratify the newly
drafted constitution by means of a Viva
Voce vote in place of secret ballots. Marcos
announced that it had been ratified and in full
force and effect on January 17, 1973. Although
the 1973 Constitution had been “ratified” in this
manner, opposition against it continued. Chief
Justice Roberto V. Concepcion in his
dissenting opinion in the case of Javellana v.
Executive Secretary, exposed the fraud that
happened during the citizen’s assembly
ratification of the 1973 Constitution on January,
10 – 15, 1973. However, the final decision of this
case was that the ratification of the 1973
Constitution was valid and was in force.
When democracy was restored in
1986, President Corazon C. Aquino issued
Proclamation No. 3, suspending certain
provisions of the 1973 Constitution and
promulgating in its stead a transitory
constitution. A month later, President Aquino
issued Proclamation No. 9, s. 1986, which
created a Constitutional Commission tasked with
writing a new charter to replace the 1973
Constitution. The commission finished its work at
12:28 a.m. of October 16, 1986. National
Plebiscite was held on February 2, 1987,
ratifying the new constitution. On February 11,
1987, by virtue of Proclamation No. 58,
President Aquino announced the official
canvassing of results and the ratification of the
draft constitution. The 1987 Constitution finally
came into full force and effect that same day
with the President, other civilian officials, and
members of the Armed Forces swearing
allegiance to the new charter.
Constitution Day
The Constitution Day is one of the official holidays
celebrated in the Philippines celebrated in various dates in
the past until today.
For every constitutional change the Philippines
has experienced, a corresponding proclamation
was issued in order to celebrate the date that
each charter was put into full force and effect—
with the exception of the 1943
Constitution. President Emilio Aguinaldo issued
the first proclamation that celebrated the
effectiveness of a constitution in 1899
on January 23, 1899.
When the United States Congress authorized
the creation of a constitution for the Philippines
in accordance with the Tydings-Mcduffie Act of
1934, a Constitutional Convention was
established to draft a charter for the Philippines
and it finished its work on February 8, 1935. On
the inauguration of the Commonwealth of the
Philippines on November 15, 1935, the new
charter came into full force and effect. A year
later, President Manuel L. Quezon issued
Proclamation No. 36, s. 1936, declaring
the 8th of February of every year as Constitution
Day to commemorate the completion of the 1934
Constitutional Convention’s task. This
commemoration was observed throughout the
Commonwealth of the Philippines and the Third
Republic, up until the declaration of martial law
on September 23, 1972.
In 1973, after the declaration of martial law, the
1935 Constitution was replaced by a new
charter, the 1973 Constitution. In
commemoration, President Marcos, repealed
President Quezon’s Proclamation No. 36, s.
1936, by virtue of Proclamation No. 1219, s.
1973, which moved Constitution Day from
February 8 to January 17 of every year. This
proclamation commemorated the day when
President Marcos certified that the new
Constitution had been ratified. Constitution Day
was commemorated until the end of President
Marcos's term but was overshadowed by the
Proclamation making September 21st of every
year “Thanksgiving day”, the date indicated on
Presidential Proclamation No. 1081, s. 1972:
Martial law, however, was actually declared two
days later when President Marcos announced it
through nationwide television.

When democracy was restored in 1986, the

1973 Constitution was replaced by first
the freedom constitution, also known as
Proclamation No. 3, s. 1986, then our current
constitution, the 1987 Constitution. This
constitution came into full force and effect on
February 11, 1987, after President Corazon C.
Aquino issued Proclamation No. 58, s. 1987.
The proclamation issued by President Aquino
included the results of the plebiscite held on
February 2, 1987.

After the ratification of the 1987 Constitution,

President Aquino issued Proclamation No. 211
s, 1988, which moved the commemoration of
Constitution Day from January 17 to February
2 of every year—a proclamation still in effect to
this day.