A Research on the Relevance of the Constitution of the Philippines in

the Social, Political, Economic, and Cultural Issues in Philippine

History.

A Research

Presented to the

School of Social Sciences and Education

Mapua University

In Partial Fulfilment

Of the Requirements for

Readings in Philippine History

By:

Felix, Lyra Isabel B.

GED103-B50

May 2022
Introduction

As a sovereign democratic and republican country, the Philippines has gone through decades of
changing political reforms that impacted the social, political, economic, and cultural aspects.
From the 1899 Constitution of Malolos to the current 1987 Constitution, this paper shall expound
on the ideas of the aspects of what relevance of the Constitutions that made the Philippine
History.

Background and Scope of the Study

The contents of the research about the Relevance of The Constitution in aspects of Social,
Political, Economic, and Cultural Issues in the Philippine History would only be covered and
limited to:

● The paper would be covering the history of each Constitution implemented in the
Philippines.
● It would only be expounding on the said aspects that focus on the different governance
that happened when each of the Constitutions was implemented.
● The Constitutions are measured on the eight indicators of good governance, revealing
the relevance of these Constitutions to the Republic of the Philippines.
● The scope of this paper is only limited to the said aspects and not to the significant
issues that follow aside from the resolved concerns from the Constitutions, which are
then proven false.

Review of Related Literature

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2022, from https://www.chronicle.com/article/is-everything-political/
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Retrieved May 1, 2022, from
http://www.ibe.unesco.org/en/geqaf/technical-notes/concept-governance
● What is governance? Law, Politics, and Philosophy. (2014, August 21). Retrieved May 1,
2022, from https://tamayaosbc.wordpress.com/2014/08/21/what-is-governance/
● Encyclopædia Britannica, inc. (n.d.). The personal is political. Encyclopædia Britannica.
Retrieved May 1, 2022, from https://www.britannica.com/topic/the-personal-is-political
● Presidential Communications Operation Office. (n.d.). Constitution Day: Evolution of the
Philippine Constitution. Official Gazette of the Republic of the Philippines. Retrieved April
29, 2022, from https://www.officialgazette.gov.ph/constitutions/constitution-day/
● The 1899 Malolos Constitution. Official Gazette of the Republic of the Philippines. (n.d.).
Retrieved May 1, 2022, from
https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/
● Encyclopædia Britannica, inc. (n.d.). Treaty of Paris. Encyclopædia Britannica. Retrieved
May 1, 2022, from https://www.britannica.com/event/Treaty-of-Paris-1898
● Declaration of Martial law. Official Gazette of the Republic of the Philippines. (n.d.).
Retrieved May 1, 2022, from
https://www.officialgazette.gov.ph/featured/declaration-of-martial-law/
● 1973 Constitution of the Republic of the Philippines. Official Gazette of the Republic of
the Philippines. (n.d.). Retrieved May 1, 2022, from
https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-p
hilippines-2/
● The Constitution of the Republic of the Philippines. Official Gazette of the Republic of the
Philippines. (n.d.). Retrieved May 1, 2022, from
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
● Constitutional history of the Philippines. ConstitutionNet. (2021, February 26). Retrieved
April 29, 2022, from https://constitutionnet.org/country/philippines
● Indicators of good governance: Developing an index of ... . (n.d.). Retrieved April 30,
2022, from https://dirp3.pids.gov.ph/ris/ris/pdf/pidsdps9904.pdf
● Proclamation no. 2, S. 1986. Official Gazette of the Republic of the Philippines. (1986,
March 2). Retrieved May 1, 2022, from
https://www.officialgazette.gov.ph/1986/03/02/proclamation-no-2-s-1986/
● Today, ~ P. L. (2016, July 12). What is "law" according to the Philippine legal system?
Philippine Law Today. Retrieved May 1, 2022, from
https://philippinelawtoday.wordpress.com/2016/06/22/what-is-law-according-to-the-philip
pine-legal-system/
● Scph. (2019, February 11). Supreme Court of the Philippines: History. Supreme Court of
the Philippines. Retrieved April 29, 2022, from https://sc.judiciary.gov.ph/387/
● Samonte, S. (2021, September 17). Sept. Memories: First national polls under the 1935
constitution. Philippine News Agency. Retrieved April 29, 2022, from
https://www.pna.gov.ph/articles/1153814
● Declaration of Martial Law. Official Gazette of the Republic of the Philippines. (n.d.).
Retrieved May 1, 2022, from
https://www.officialgazette.gov.ph/featured/declaration-of-martial-law/
● Bautista, P. S. (n.d.). Javellana v. Executive Secretary. Philippine jurisprudence - March
1973. Retrieved April 29, 2022, from
https://lawphil.net/judjuris/juri1973/mar1973/mar1973.html
● Sicat, G. P. (2005, February 2). Reform of the economic provisions of the Constitution .
UP School of Economics Discussion Papers. Retrieved May 1, 2022, from
https://ideas.repec.org/p/phs/dpaper/200510.html
● Peña, K. D. (2021, September 22). Marcos' martial law: Golden age for Corruption,
Abuses. INQUIRER.net. Retrieved May 1, 2022, from
https://newsinfo.inquirer.net/1490968/marcos-martial-law-golden-age-for-corruption-abus
es
● Tadem, E. C. (2018, December 3). Philippines : The Marcos Debt. CADTM. Retrieved
May 1, 2022, from https://www.cadtm.org/Philippines-The-Marcos-debt
 ● Scribd. (n.d.). G.R. No. 73748. Scribd. Retrieved May 1, 2022, from
https://www.scribd.com/document/448211756/G-R-No-73748?secret_password=xUrC0D
G5QXXKQMQP3mzT
● Gosgolan, M. (2022, February 25). False: 1987 constitution signed by an illegal
president. RAPPLER. Retrieved April 29, 2022, from
https://www.rappler.com/newsbreak/fact-check/constitution-signed-illegal-president/
● Pueser, P. (2022, February 25). False: Ferdinand Marcos wrote the 1973 constitution.
RAPPLER. Retrieved April 29, 2022, from
https://www.rappler.com/newsbreak/fact-check/ferdinand-marcos-wrote-1973-constitutio
n/
● Presidential Communication Operations Office. (n.d.). The 1987 constitution: A
chronological narrative. Official Gazette of the Republic of the Philippines. Retrieved
April 29, 2022, from
https://www.officialgazette.gov.ph/constitutions/constitution-25-years/?fbclid=IwAR1kjZiF
Hmfx9IKHzCD8yNu4Z3ciV3rQ-xcad-wcM4Xus2z9we6izj4H-lA

Discussion

The following aspects of Social, Political, Economic, and Cultural Issues in Philippine history are
discussed to explain the country's constitutions.

Social

Being socially adept equates to every action, which Carol Hanisch defines as “the personal is
the political.” Following that idea, one can connect the social aspect of the Constitution to its
political sense in the concept of Governance. Governance is one of the facets when studying
politics. The concept of “good life” and “ideal society” is correlated to the democracy of every
conscious member of the state, the citizens, arriving at the decision that meets their needs.
Later, on the Political subtopic on the history of the Constitution, governance will be explained
thoroughly.

Hence, starting from the social injustices of the Spaniards that led to the Philippine revolution,
which then transitioned to the country's independence, the First Republic of the Philippines
happened in the year 1898, supported by the first constitution drafted in Asia, the Malolos
Constitution. The salient impact of the First Republic and its 1899 Constitution is that it laid the
groundwork that would be the foundation of the laws, the state, and its citizens; the Filipinos
would follow.

However, due to the events in the Treaty of Paris, Spain ceded all of its sovereignty, passing
(emphasis on selling) the Philippines to America. When it realized the growing spirit of
independence of the Philippine citizens, the United States passed the Jones Act, where the
United States refused to give the Philippines its freedom unless it had formed a stable
democratic government. Following the draft of the American Constitution and not of the
French’s, thus weakening the desire of the Filipinos to attain independence. The United States
made a ten-year plan and approved it, creating a new constitution in 1935; however, World War
II happened, and it was abolished until the 1935 Constitution was brought back in 1946. Under
the 1935 Constitution, the term of the presidency became four years, and the political system
was compromised of a president, a bicameral Congress, and an independent Judiciary.

In terms of the following former presidents, namely Magsaysay, Garcia, and Macapagal, they
had developed and followed the 1935 Constitution, which enabled the Philippines to build ties
with other countries, improving the economic slate of the country. Yet when former president
Marcos was elected president in 1965 and re-elected in 1969, he declared Martial Law under
the guise of justifying the communist extremities as a reason. He manipulated the Constitutional
Convention, allowing the 1973 Constitution to be drafted as his way of remaining in his seat of
power. Under the 1973 Constitution, the presidential system was changed into a parliamentary,
with Marcos monopolizing the three divisions of the government. He abolished the Congress
and ruled with degrees that suppressed the State’s democratic freedom.

Gaining the criticism and opposition from Marcos’ dictatorship, a year earlier, he held snap
elections against the widow of Benigno Aquino (a senator); Corazon Cojuangco Aquino won
despite the blatant display of cheating in the elections. 25th of February 1986, former president
Cory Aquino began her term by annulling several sections of the 1973 Constitution, erasing the
ideology left by the Marcos administration by establishing a provisional constitution.

The 1987 Constitution, which is used until the present time, guarantees the president broad
powers and authority, a Bill of rights, and most importantly, democracy. Under this Constitution,
the government is divided into three; the executive, legislative, and judicial.

From the following events that led to the six (6) Constitutions that have been implemented in the
country, what one can see from these events are the societal notion that the State and its
citizens are participants in the involvement and interest of enabling a free, unrestricted, and
lawful environment where one can practice recognition of governance.

Political

From the previous social aspect, the concept of governance was introduced as a foundation of
the thought “the personal is the political” by Carol Hanisch. As it is a fundamental factor in
politics, according to Tamayo (2014), “the exercise of power or authority by political leaders for
the well-being of their country’s citizens or subjects.” As a definitive set of rules implemented in
the State, the Constitution conducts, prohibits, imposes duties, repeals, and modifies the law.
Following the connection of governance in the socio-political system of the Philippines with the
events that led to the current constitution, the 1987 Constitution should be measured how
politics interfere with the social structure of the State of the Philippines.
First, governance is divided into three (3) structures, the public sector, the private sector, and
civil society. The public sector is those who are State actors who wield power, those who enact
and promulgate the state policies and exercise the use of authority for the well-being of the
society. The Private sector is those in the households and businesses, primarily those who
contribute to the social and economic development of the country. Lastly, Civil society is those
who are compromised of non-government organizations tasked to help communities affected by
natural disasters, humanitarian needs, and issues.

In governance, two processes go hand in hand; the decision-making and the implementation of
the decision. Decision-making pertains to the process where the persons involved decide based
on their needs and wants, whether personal or for the good of all. Subsequently, the
implementation of the decision comes after that, with the goal that those ideals are followed and
are in the process of actualization.

The three sectors take some roles from the said governance process. An actor is the one who is
involved in making and implementing a decision. At the same time, those in the structure are
mediums used to implement the said decisions that the actors decide. The government would
always be the leading actor; thus, they are called the Public sector. The mediums such as the
actors that are not in the government are called Civil society, where they are the structure where
the decisions are implemented. On the other hand, the private sector comprises the different
groups or individuals that help in the economic and financial development of the country.

Eight (8) indicators of good governance would be used to measure the different constitutions if
they had been relevant socio-politically in the Philippines.

The first indicator of good governance is Participation. Under this indicator, there are two (2)
types of systems, the horizontal and vertical systems. Under this tenet of eight (8) indicators of
good governance, participation is when the actors and the structure are active in participating in
the decision-making process. The vertical system (top to bottom) can be represented by a
pyramid that places the Government on the top, monopolizing the power. The horizontal system
is where the Government is at the center of all activities. In the horizontal system, the
government leads the other sectors of the society and works hand in hand as partners where
they share equal powers and responsibilities.

In the second indicator, the Rule of Law, the government is of the law and no one else above it.
Hence democracy, an essential part of the Rule of Law, makes the civil society adhere to the
obedience of the law such as it is the response to the societal needs. As law seeks to promote
justice, it should be the stronghold of a State’s order and security that enables men to obtain
peace and order.

From the third indicator, the Effectiveness and Efficiency, the government should be able to
deliver to the needs of the society. At the same time, in the best interests, the funds or
resources used are spent or utilized to their maximum extent without wasting their potential.
Both cannot go alone as placing the needs without using the said resources would be in vain
and vice versa. In public service, the needs of the society should be met with proper allocation
of the resources; otherwise, if not, it would be detrimental on the part of those who take part in
civil service as it generates tedious procedures and becomes the start of corruption.
Transparency's fourth indicator means that the public is informed and can access information
about the decision-making process and implementation. Legally, the matters concerning the
people are made available to the citizens, and transactions involved in the citizens' public
interests are disclosed.

As the fifth indicator, Responsiveness means that the actors and structure of the government
act to the people's will with genuine intent promptly. The interests of the citizens of the State
should be protected and valued for them to be able to participate in the process of governance.
Next is the sixth indicator, Equity, and Inclusiveness, which means that all members of society,
especially those in the vulnerable sectors, should be considered in governance. Social equity is
based on the principle that those who have less should have more inclusion in the right of law.
Following that, everyone has a stake in society; no one should be isolated.

The seventh indicator of governance is Consensus oriented. Since the public is given consent,
the government can act and mediate impartially on the different viewpoints and mechanisms
that involve the decision-making and implementation process that serves the citizens' best
interests. Accountability is the last indicator of governance. Accountability is the responsibility
for one’s actions. In the country, most politicians run away from their actions that led to the
corruption of the people’s taxes and funds. To say that the law makes them face their
punishment is commendable as it provides the people the public trust between them and the
government.

To measure the 1899 Constitution using the eight indicators of governance, one should first
realize that in the drafting of the 1899 Constitution, the people have ratified the decision to make
the First Republic, declaring the country’s independence from Spain. The people’s vocal
decision on independence paved the way for dividing the government into three, aligned with
the democratic concept of governance. Following that, the 1935 Consitution can also be said to
be aligned with the eight indicators of governance. In 1935, Filipinos gained the right to elect the
first government officials in the Philippines. The first election was held in accordance with the
1935 Constitution, which Franklin Roosevelt signedFranklin Roosevelt signed. It was then that
the Japanese invaded the country that the constitution was replaced with the 1943 Constitution.
Then after the American and Japanese occupation, the presidents, namely Magsaysay, Garcia,
and Macapagal, under the reinstated 1935 Constitution, they have used their terms to raise the
spirits of the nation after the devastating impact of World War II by opening economic
relationships and connection through the countries in Asia and of the United States.

Moreover, with the ratification of the 1935 Constitution, “in one Supreme Court and such inferior
courts as may be established by law.” On this, power was placed under the judiciary division of
the government with the authorities to determine whether the actions of the Legislative and the
Executive align with the law. The judiciary division has one Chief Justice and ten associate
justices that may sit en banc unless otherwise provided by the law.
To say that the following 1973 Constitution has failed the eight indicators of governance can be
discussed from how Marcos declared Martial Law against the communist parties that
endangered the State. From the Participation of the civil society in drafting the 1973
Constitution, it is clear that the “ratification” of the said constitution is a fraud as, according to the
case, Javellana v. Executive Secretary, the citizens have not consented to what they would be
voting of. Yet, despite the evidence gathered, the case’s final decision was the ratification of the
Constitution is running in force and cannot be withdrawn.

History has proven how they first monopolized power by taking advantage of the Rule of Law
without the consent, consensus, and accountability of the Marcos administration upon its
actions they implicated to the citizens. They destroyed the public trust of the Citizens in the
government by abusing their power. Thus, the nonviolent event of the EDSA People Power
Revolution took place, which ended Marcos’ dictatorship.

Under the leadership of Cory Aquino, she, together with the tasked Constitutional Commission,
has repealed and wrote the new charter that replaced the previous constitution, the 1987
Constitution, wherein they have included and emphasized that the Civilians have rights based
the Bill of Rights.

Issuing Proclamation No. 2., Aquino had lifted the suspension of Habeas Corpus, granting back
the civil society security from the unjust detainment. Presenting the Writ of Habeas Corpus,
before the court can help the alleged question the legality of their detention. Additionally, she
has also asked for the Nation's vote for the ratification of the 1987 Constitution; it is recorded
that 76.30 percent of the population has agreed upon it. The strength of the 1987 Constitution
sits with the Participation of the Civil Society. After the provisions in the law, The Local
Government Act of 1989 was implemented to decentralize the governance power.

From the said facts, it can be deduced that the eight indicators of good governance have
presented themselves well during Aquino’s time; however, there are issues for every
Constitution that are needed to address in the next subtopic.

Economic

It cannot be denied that all the Constitutions are tailored for the country's best interests, in
accordance with the needs of the citizens. Yet, from the 1899 Constitution that first provided our
country its de jure independence in the form of the First Republic, the 1935 Constitution
provisions have incorporated restrictions relating to the prohibition of foreigners from acquiring
properties such as land ownership. Despite these tight restrictions on foreign trade, it can be
said that the 1935 Constitution has preserved its nationalistic ideas of putting the Filipino people
first before other entities.
Yet when the 1973 Constitution has implemented in the will of Ferdinand Marcos, it had proved
that the country had drowned itself in debt when the Marcos administration, according to The
Inquirer, “The Martial Law Museum likewise said that from $0.36 billion in 1961, the external
debt of the Philippines “skyrocketed” to $28.26 billion in 1986.” Also, according to the UP School
of Economics report, “The foreign debt incurred by the old regime is one of the biggest
obstacles to Philippine economic recovery. The Philippines is one of the most heavily indebted
countries in the world: seventh in size of the debt, sixth in debt to exports ratio, fourth in debt to
GDP ratio, and ninth in debt service ratio.” this may even take the grandchildren of the future
generation to pay for.

Adding to that, as high as the development yields happened during Marcos’s early years, the
economic decline hit rock bottom, and the poverty rate continues to increase up to this day. Yet
while the implementation of the 1987 Constitution helped reclaim the people’s livelihood through
programs such as the Comprehensive Agrarian Reform Program, it did help the people to
recover their employment; however such laws were enacted to help the citizens for the common
good has its flaws.

Cultural Issues in Philippine History

Considering that there are events that left everyone questioning the different possibilities and
assumptions of what has happened to the events behind the drafting and implementation of the
Constitutions, one of the controversial questions that are until now was pondered upon and
used to rewrite history was, “Did Ferdinand Marcos wrote the 1973 Constitution?” and the
question, “Is the 1987 Constitution signed by an illegal president?”

To answer the former, Ferdinand Marcos did not write the 1973 Constitution. It was rather that
the constitution was written to bend in his personal interests. To keep in mind, the three hundred
twenty (320) delegates from the 1971 Constitution were the ones who drafted the Constitution
and presented the final draft which Marcos apparently “ratified” even when it was criticized as
fraudulent.

Lastly in the latter question where it was asked whether the 1987 Constitution was signed by an
illegal president, it is only an allegation proven false when the snap elections that took place in
1986 were found illicit as it has been proven that against the cheating and fraudulent as 70
percent of the votes was canvassed where it stated that Aquino won against Marcos. Due to
massive public support even from the military and several government officials in the EDSA
People Power Revolution, Marcos fled into exile and Aquino was the one recognized by the
United States as the new president.

According to the case Lawyers league v Aquino, the petition was dismissed as such that the
power to choose the person who would lead the nation lies within its citizens and not on the
petitioners who do not have merit to do so. With the nations outside our territory recognizing the
legitimacy of Aquino withholding the powers given to her by the people of the Philippines as the
judge, her government is therefore legitimate under the law.

Conclusion

At the present time, with the 1987 Constitution that still holds its bounds to the Philippines, what
one can say from the events that took place in the country’s history was momentous for
everyone’s freedom. In everyone’s mind lay that the freedom along with the rights that we enjoy
in today’s time was thanks to the sacrifices and genuine interests of the people who took lead in
providing the Philippine society the peace and order. However, the fight for the justices that
open new paths for reform in the country never stops.

The Philippines itself has a low ranking in governance. It is to be blamed for the growing distrust
of the civil societies of the government because the officials who held greater power, contribute
to a larger scale of corruption that was deeply rooted in the scene of Philippine politics.
Moreover, the ones who have sworn in front of the Lady Justice herself, those legal practitioners
are the ones who are the perpetrators in finding the loops in the implemented laws that protect
the people from injustice itself.

There are current issues that lie underneath the 1987 Constitution which concern economic
development, minority rights, governance, and nationalistic development. Along with these are
challenges that are difficult to uproot in the society; corruption, poor law enforcement, lack of
transparency, the widening gap between the social classes, the frail protection of human rights,
involvement of the military in politics, and the ending of Muslim uprisings in Mindanao.

As a citizen of the Philippines, we must uphold the preamble of the Constitution.

“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.”