THE PHILIPPINE CONSTITUTION

CONSTITUTION

- Defined as the fundamental law of a nation or state.

- It is the constitution that establishes the character and

basic principles of the government.

The 1987 Constitution

- Limited political autonomy for local government units like
the provinces, cities, municipalities and barangays and
instructing the Congress to establish a Local Government
Code.

The current constitution

Parts of the 1987 Constitution
The Constitution is divided into 18 parts, excluding the
Preamble, which are called Articles. The Articles are as
follows:

PURPOSES
 It prescribes the kind of government that will exist
in the state.
 It creates the different department and specifies
their respective functions and duties.
 It is the source of the sovereign powers of a
government by establishing the fixed, first or basic
principles.
 It promotes public welfare. The constitution
establishes the rights of the people which the
government is obligated to protect.

STEPS
 The constitution is written by a constitutional
convention which is a body assembled for the
express purpose of framing or writing a
constitution, revising an existing one, or proposing
amendments to it.
 After writing the constitution, the draft
constitution or its amendments/revisions are
submitted to a plebiscite for ratification in which
the people will decide whether it is acceptable to
become a law of the land.
 The results are then considered and followed by
the government.
Biak – Na - Bato Republic Constitution (1897)
(Adopt from the provisions of the Constitution framed in
Jimaguayu, Cuba.)
- In order to consolidate the forces still fighting in the other
provinces, Aguinaldo met with his leaders to establish a
recognized government.
- Its preamble reiterated the objective of the Revolution
which was “the separation of the Philippines from the
Spanish monarchy and their formation into an
independent state with its own government."

BIYAK NA BATO
SA POOK NA ITO ITINATAG NG MGA MARONHIMAGSIK SA PAMUMUNO NI RENERAL EMILIO
AGUINALOO ANG REPUBLIKA NG LEYAKKABATO MOONG IKA-SI NO MATO, 1827 ARE
SALIGANG - DATAS NG REPUBLIKA AY PINAGTIBAY SA POOK OING ITO NOONG UNANG
ARAW NG NOBYEMBRE, 1807

Malolos Republic Constitution (1899)

(The first republican constitution in Asia.)
- It was based on democratic traditions in which the
government formed was “popular, representative and
responsible" with three distinct branches (executive,
legislative, and judicial).
- It called for a presidential form of government with the
president elected for a term of four years by a majority of
the Assembly convened as a constituent assembly.
- It recognized the freedom of religion and the separation
of the Church and State.
- It emphasized and safeguarded the basic civil rights of not
only Filipinos but foreigners, through a Bill of Rights.

The 1935 Constitution

(The fundamental law of the land from 1935 to 1972.),
- The 1935 Constitution enumerated the composition,
powers, and duties of the three branches of government
(executive, legislative, and judicial) and created the
General Auditing Office and laid down the framework in
the establishment of the civil service in the country.

Bill of Rights
- Provision of women's suffrage
- The development of a national language
- The creation of a Philippine Armed Forces for national
defense

The 1943 Constitution

(Condensed version of the 1935 Constitution.),
- Recognized as legitimate and binding only in Japanese –
controlled areas of the Philippines but was ignored by the
United States government and the Philippine
Commonwealth government – in – exile.

Bill of Rights
- Enumerated the citizen's duties and obligations rather
than their constitutional rights.
- Tagalog was declared the national language.
The 1973 Constitution
- The 1973 Constitution provided for a parliamentary form
of government in which the President was the symbolic
head of state and the Prime Minister was the head of
government. The Prime Minister, who was nominated by
the President, acted as head of the Cabinet.
Establishment of the following:
 Civil Service Commission
 Commission of Elections
 Commission of Audit

The 1986 Constitution

"THE FREEDOM CONSTITUTION”
- Setting aside the 1973 Constitution thereby recognizing
the new Aquino administration as a temporary
revolutionary government until the framing of new
constitution.
- The President continued to exercise legislative powers
until a legislature was convened under a new constitution.

The 1987 Constitution

The current constitution
- A presidential system of government restores the
bicameral Congress of the Philippines (Senate and a House
of Representatives).
- A modified Bill of Rights details the rights of every Filipino
citizen. The constitution includes the abolition of death
penalty, except when Congress provides otherwise with
regard to "heinous crimes.”
- The creation of a Commission on Human Rights which,
under Section 18, Article XIII, is tasked to investigate all
forms of human rights violations involving civil and political
rights.
- The recognition of an Autonomous Region of Muslim
Mindanao and the Cordilleras.

Article I - National Territory

Article II - Declaration of Principles and State Policies Article III -
Bill of Rights
Article IV - Citizenship
Article V - Suffrage
Article VI - Legislative Department
Article VII - Executive Department
Article VIII - Judicial Department
Article IX - Constitutional Commission
Article X - Local Government
Article XI - Accountability of Public Officers
Article XII - National Economy and Patrimony
Article XIII - Social Justice and Human Rights
Article XIV - Education, Science and Technology, Arts, Culture
and Sports
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments or Revisions
Article XVIII - Transitory Provisions
The 1987 Constitution
The current constitution
EXECUTIVE –
Headed by the President and the Cabinet

LEGISLATIVE -
SENATE ---- Senate President
House of the Representatives ---- Speaker of the House

JUDICIARY -
The Supreme Court headed by the Chief Justice, and the
lower courts.

House of the Representatives

Composed of congressmen/congresswomen

Elected to a three – year term and can be re-elected, but

cannot serve more than three consecutive terms
 Lesson 13 THE PHILIPPINE CONSTITUTION

Learning Outcomes
At the end of this lesson, you should be able to:
1. Explain the importance of a constitution in a nation
2. Trace the development of the Philippine Constitution throughout the country's history
3. Discuss the significant features and provisions incorporated in the seven Philippine Constitutions

A constitution is defined as the fundamental law of a nation or state. It is the constitution that establishes the character
and basic principles of the government. The system that runs the government is often codified in this written document
which forms the fundamental rules and principles by which an organization is managed. It is these same principles that
make clear the rights of the individual and creates limitations to government power. A constitution is also described as
“the highest expression of the law."

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The purposes of a constitution is as follows:

1. It describes the kind of government that will exist in the state
2. It creates the different departments and specifies their respective functions and duties.
3. It is the source of the sovereign powers of a government by establishing the fixed, first or basic principles.
4. It promotes public welfare. The constitution establishes the rights of the people which the government is
obligated to protect

The constitution is written by a constitutional convention which is a body assembled for the express purpose of framing
or writing a constitution, revising an existing one, or proposing amendments to it.

After writing the constitution, the draft constitution or its amendments/revisions are submitted to a plebiscite for
ratification in which the people will decide whether it is acceptable to become a law of the land. The results are then
considered and followed by the government. This is different from a referendum in which a law passed by a legislative
body is brought before the people to be voted upon. The results, however, may or may not be considered by the state.

A History of the Philippine Constitutions

At least seven Philippine Constitutions were framed in our history.

The Biak-na-Bato Republic Constitution (1897)

The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General Emilio Aguinaldo
fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan. The Spanish forces led by Gen. Miguel Primo
de Rivera realized that even though they could crush the rebels in Bulacan it did not mean the revolution would end for it
was already widespread in the other provinces. The Spaniards soon sued for a truce with the revolutionary forces.

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In order to consolidate the forces still fighting in the other provinces, Aguinaldo met with his leaders to establish
a recognized government. A revolutionary government had already been formed in March that year with Aguinaldo as
President in Tejeros, San Francisco de Malabon (now General Trias) in Cavite. It was this government that was now in Biak-
na-Bato

An assembly of Filipino rebel leaders were called and it was agreed that a republican form of government would
be formed. Two Filipinos, Isabelo Artacho and Felix Ferrer were tasked to write a constitution. Both decided to adopt the
provisions of the Constitution framed in Jimaguayu, Cuba and from this, the Constitution of Biak-na-Bato was formulated.
 The Constitution was promulgated by the Philippine Revolutionary Government on November 1, 1897, and
became the provisionary constitution of the government during the Revolution against Spain.

In spite of being a copied constitution, the Biak-na-Bato Constitution had its own unique features: its preamble
reiterated the objective of the Revolution which was “the separation of the Philippines from the Spanish monarchy and
their formation into an independent state with its own government." The government that was formed was a Supreme
Council composed of a President, a Vice-President, a Secretary of the Interior, a Secretary of Foreign Relations, a Secretary
of War, and a Secretary of the Treasury. This Council had sweeping powers of government which included the power to
issue orders and other laws for the security of the State, to impose and collect taxes, to raise an army, to ratify treaties,
and to convene an Assembly of Representatives.” The official language was Tagalolog. The judiciary power was vested in
another Supreme Council of Justice. Articles XXII to XXV were essentially the Bill of Rights accorded to every Filipino.

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This constitution was to last only for two years during certain periods, which, at certain periods, it was superseded
by laws and decrees made by Aguinaldo.

The Malolos Republic Constitution (1899)

Following the defeat of Spain by the United States in the Spanish-American War in 1898, the Filipinos began their
task of creating the independent nation they valiantly fought for in, 1896. On June 12, 1898, Philippine independence was
declared and two weeks later, Aguinaldo ordered the convening of a Congress in Malolos, Bulacan. Elections were held
for the delegates in the provinces that were already free from Spanish forces. For the other areas where battles against
the Spaniards were still being fought, Aguinaldo appointed delegates. The Malolos Congress had its inaugural session at
Barasoain Church in Malolos on September 15, 1898 amidst a large celebration and coverage by both the local and foreign
press. The delegates then convened Congress and elected its officers. One of its first acts was to ratify the Independence
declaration in Kawit.

The Congress was originally conceived by presidential adviser Apolinario Mabini to be an advisory body to the
President. But another group led by delegate Pedro Paterno decided to create a constitution to form a government that
would be recognized by foreign powers. Mabini was against this for he believed that peaceful conditions should first
prevail before a constitution should be drafted. He was, however, overruled by Paterno and his allies.

Discussions for the Constitution began on October 25 after the submission of a draft by Felipe Calderon. Calderon
drew inspiration from the constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and France. One of the heated
discussions focused on the issue of the union of Church and State where Catholicism would be the state religion. This
proposal was voted on twice by the Congress. The first was a tie and the second voting session resulted in the victory for
separation by only one vote. The constitution was approved by the Malolos Congress on November 29, 1898 and
forwarded to President Aguinaldo for approval.

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The original draft of the constitution, however, emphasized a popular government which means supreme power
is given to a legislative body since it is the representative of the people. This means that the President as well as the
judiciary including the Supreme Court would be selected by the legislative body which, at that time, was the Malolos
Congress. Mabini objected to this proposal and the approval of the Constitution was delayed. The amendments were
made and the document was finally approved by Aguinaldo on January 21.

The Malolos Constitution was the first republican constitution in Asia. Its main features were as follows:

1. It was based on democratic traditions in which the government formed was “popular, representative and responsible”
with three distinct branches—the executive, the legislative, and the judicial.
2. It called for a presidential form of government with the president elected for a term of four years by a majority of the
Assembly convened as a constituent assembly;
3. It recognized the freedom of religion and the separation of the Church and State;
4. It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners, through a Bill of
Rights (Articles XIX to XXIII).

The approval of the Constitution and the creation of the Republic did not end the strife between the Congress and
Mabini. Mabini was eventually replaced as president of the Cabinet several months later.

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The first Philippine Republic was inaugurated on January 23, 1899 at the Barasoain Church where Emilio Aguinaldo
took his oath of office as the first President of the Republic. This was followed by the reading of the Malolos Constitution
and the taking of the oath of loyalty by the Army.

The Malolos Republic was the first democratic government of the country. It had a form of governance that
included the management of social services, education, the creation of an Army, a monetary system, and diplomatic
activities. It even had a government publication in order to spread to the foreign nations the ideals of the new republic
and to ask for support for its recognition.

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The Republic, however, was a short-lived government. Its demise began at the start of the Philippine-American
War in February 1899 and ceased to exist with the capture of President Aguinaldo in Palanan, Isabela in March 1901. By
the time, the Americans had firmly established themselves as the new colonizers of the Philippines with a military
government running the country. In July 1901, they formally established the first civil government in the islands.

The 1935 Constitution and the Commonwealth Government

For over a decade, the Americans ran the government in the Philippines with Filipinos given a role in the legislative
function when the Philippine Assembly was established in 1907. It was only during the administration of Governor-General
Francis Burton Harrison (1913–1921) that the Filipinization policy of the government was put in place. Filipinos were given
a hand in running the country. Majority of the Philippine Commission members and civil servants were replaced by
Filipinos. Soon, the colonial administration placed much of the country's governance in the hands of Filipinos. One year
later, the Jones Law of 1916 also known as the Philippine Autonomy Act was passed by the US Congress.
 Jones Law reorganized the government with an American governor-general, a Cabinet, and an all-Filipino,
legislature composed of the Senate and the House of Representatives. It also provided both the executive and legislative
sectors power over domestic affairs. The new Philippine Legislature was inaugurated on October 16, 1916 with Sergio
Osmeña as House Speaker and Manuel Quezon as Senate President. In addition to this, Harrison also formed the Council
of State as an advisory body to the governor-general.

Despite the American concession of letting the Filipinos run their own government, the prospect of independence
was not erased from the minds and hearts of the Filipinos. To address

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this, the Jones Law provided the presence of two resident commissioners to the US to sit and observe the proceedings of
the US congress. They were eventually replaced by a Commission on Independence or parliamentary missions to the US
to petition for Philippine independence.

From 1918 to 1932, there were at least five Philippine Independence missions to the United States. The efforts
paid off with the creation and approval of the Tydings-McDuffie Law by the US Congress. This law was approved on March
24, 1934 and was known as the Philippine Independence Act. It provided for the drafting and guidelines of a constitution
for a 10-year “transitional period” government before the granting of independence. This was known as the
Commonwealth Government.

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Following the signing of the Tydings-McDuffie Law, the Philippines began to ready itself for its transition from a
colonial country into a self-governing nation.

On July 10, 1934, an election was held to vote for the delegates to write a constitution for the Philippines. Two
hundred two delegates were elected and the convention was opened on July 30. The draft of the Constitution was finished
by January 31, 1935 and was approved by the convention on February 8. There was only one dissenter, Tomas Cabili of
Lanao, who felt that the Constitution did not serve the people of Mindanao.
 The Constitution was approved by US President Franklin Delano Roosevelt on March 23, 1935 and ratified by the
Filipino people in a plebiscite on May 14, 1935.

The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to 1972. It
established the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in the
country and the declaration of Philippine independence, the Commonwealth shall be known as the Republic of the
Philippines.

The 1935 Constitution enumerated the composition, powers, and duties of the three branches of government
(the executive, legislative, and judicial) and created the General Auditing Office and laid down the framework in the
establishment of the civil service in the country. The other provisions included a bill of Rights, a provision for women's
suffrage giving women the right to vote and to be a part of Philippine politics for the first time, the creation of a Philippine
Armed Forces for national defense, and the development of a national language.
The framing of the 1935 Constitution was a momentous event for the Filipino people. It showed the Americans
that Filipinos had the capability for self-government with the creation of the Commonwealth Government in 1935 that
led to the country's independence a decade later.

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The Japanese Occupation and the Second Philippine Republic (1943 Constitution)
The Commonwealth Government was interrupted by the Second World War and the Japanese Occupation of the
Philippines. The Commonwealth under President Manuel Quezon went into exile in the United States. As part of their
policy of attraction in their Greater East Asia Co-Prosperity Sphere program, the Japanese offered to grant the Philippines
its independence.

Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod sa Bagong Pilipinas or KALIBAPI, a
Filipino political party that served as the political party during the Japanese occupation, convened and elected a Philippine
Commission for Philippine Independence (PCPI) to write a new constitution. This was finished and signed on September
4, 1943 in a public ceremony and ratified by the KALIBAPI a few days later. On October 14, 1943, as provided for in the
new constitution, the Second Philippine Republic was inaugurated with Jose P. Laurel as President.

The 1943 Constitution was basically a condensed version of the 1935 Constitution consisting only of a preamble
and 12 articles. It was transitory in nature as it was only effective during the duration of the war. It created a Republic with
three offices (executive, legislative, and judicial) but owing to the war, no legislature was convened. Instead, the powers
of government were concentrated with the President. The Bill of Rights basically enumerated the citizen's duties and
obligations rather than their constitutional rights and Tagalog was declared the national language.

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The 1943 Constitution was recognized as legitimate and binding only in Japanese-controlled areas of the
Philippines but was ignored by the United States government and the Philippine Commonwealth government in-exile. It
was abolished eventually along with the Second Republic upon the liberation of the Philippines by American forces in 1945
and the re-establishment of the Commonwealth in the Philippines.

The 1973 Constitution and the Marcos Dictatorship

On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel. Its purpose was to write a new
constitution that would meet the new challenges confronting the Philippine Republic that developed since it was formed
in 1946. It was during the second term of President Ferdinand Marcos that the convention opened.

Almost immediately, the convention became controversial. The delegates concentrated more on speeches and
giving themselves allowances before actually sitting down to discuss the provisions of the new constitution. Meanwhile,
the peace and order situation brought about by the First Quarter Storm deteriorated with student rallies and other
protests rocking the metropolis. The biggest scandal came when Leyte delegate Eduardo Quintero accused Marcos of
bribing delegates to vote for a provision to extend the presidential term of office and to change the form of government.

But the convention's activities soon came to a temporary halt when President Marcos declared martial law on
September 21, 1972. He abolished Congress and reorganized the government. Several days later, the convention was
reconvened and a draft constitution was finally finished and approved on November 30. Instead of being ratified by a
plebiscite, however, Marcos submitted it to “citizen assemblies” that was formed to approve or reject the new
constitution. The plebiscite was held from January 10–15, 1972 and the constitution was overwhelmingly approved. On
January 17, 1973, President Marcos - signed Proclamation No. 1102 declaring the 1973 Constitution ratified.

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The 1973 Constitution provided for a parliamentary form of government in which the President was the symbolic
head of state and the Prime Minister was the head of government. The Prime Minister, who was nominated by the
President, acted as head of the Cabinet

Legislative power was vested in the Batasang Pambansa. The constitution also provided for the establishment of
the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

196

In 1981, amendments were made to the 1973 Constitution and the President was restored from a symbolic head
of state to its original status as the head of state and chief executive of the country. The amended Constitution also granted
the President several powers and functions which were originally vested in the Prime Minister and the Cabinet.

The 1973 Constitution remained in force until the February 22–25 EDSA People Power Revolution of 1986 which
toppled the Marcos administration. It was abolished with the adoption of the 1986 Freedom Constitution by the
administration of President Corazon Aquino.
197

The Freedom Constitution (1986)

On March 24, 1986, President Aquino signed Proclamation No.3 entitled “Declaring a National Policy to Implement
the Reforms Mandated by the People, Protecting their Basic Rights, Adopting a Provisional Constitution, and Providing for
an Orderly Transition to a Government under New Constitution.”
The provisional constitution, later called the “Freedom Constitution," was proclaimed, setting aside the 1973 Constitution
thereby recognizing the new Aquino administration as a temporary revolutionary government until the framing of a new
constitution. It basically adopted some provisions of the 1973 Constitution especially the Bill of Rights.

Under the Freedom Constitution, the President continued to exercise legislative powers until a legislature was
convened under a new constitution. Furthermore, the President was given the power to appoint the members of a
Constitutional Commission tasked to draft a new charter “truly reflective of the ideals and aspirations of the Filipino
people.”

The 1987 Constitution

By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on April 23, 1986 Proclamation
No. 9, constituting a Constitutional Commission (CONCOM) charged with drafting a new constitution not later than
September 2, 1986. In line with this issuance, President Aquino, on May 26, 1986, appointed the 50 CONCOM members
representing the various sectors of society from politics to the arts and to religion.

On June 2 the ConCom, headed by former Justice Cecilia Muñoz Palma, commenced its sessions at the Batasang
Pambansa in Quezon City. The ConCom completed their task on October 12, 1986 and presented the draft constitution to
President Aquino on October 15. After a period of nationwide information campaign, a plebiscite for its ratification was
held on February 2, 1987. An overwhelming 17,059,495 voted to ratify the constitution while 5,058,714 voted against it.

198

On February 11, 1987, the New Constitution was proclaimed ratified and in effect. On that same day, President
Aquino, government officials, and the military pledged allegiance to the New Constitution.

The 1987 Constitution consists of 18 articles with a preamble. Among its significant provisions are as follows:
1. A presidential system of government restores the bicameral Congress of the Philippines, composed of a Senate and a
House of Representatives.

2. A modified Bill of Rights (Article III) details the rights of every Filipino citizen. Much emphasis was placed on the writing
of this provision after the violations committed during the Marcos dictatorship. In addition, the constitution includes the
abolition of death penalty, except when Congress provides otherwise with regard to “heinous crimes.”

3. The creation of a Commission on Human Rights which, under Section 18, Article XIII, is tasked to investigate all forms of
human rights violations involving civil and political rights. It provides appropriate legal measures for the protection of
human rights of all persons within the Philippines, and several other powers in relation to the protection of human rights.

4. The recognition of an Autonomous Region of Muslim Mindanao and the Cordilleras.

5. Limited political autonomy for local government units like the provinces, cities, municipalities and barangays and
instructing the Congress to establish a local Government Code.

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The complete provisions are as follows:

Preamble
Article I: National Territory
Article II: Declaration of Principles and State Policies
Article III: Bill of Rights
Article IV: Citizenship
Article V: Suffrage
Article VI: Legislative Department
Article VII: Executive Department
Article VIII: Judicial Department
Article IX: Constitutional Commissions
Article X: Local Government
Article XI: Accountability of Public Officers
Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article XIV: Education, Science and Technology, Arts, Culture, and Sports
Article XV: The Family
Article XVI: General Provisions
Article XVII: Amendments or Revisions
Article XVIII: Transitory Provisions

The Philippine government is administered by a presidential system of government with a bicameral legislature
and an independent judiciary. It has three branches of government:

1. the Executive headed by the President and Cabinet

2. the Legislative composed of the Senate headed by the Senate President and the House of Representatives headed by
the Speaker of the House
3. the Judiciary composed of the Supreme Court headed by the Chief Justice, and the lower courts

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The House of Representatives is composed of the Congressmen/women (officially called Representatives) elected
to a three-year term and can be re-elected, but cannot serve more than three consecutive terms. Sectoral representatives
are members of party-list organizations who can give “voice” to significant minorities of society that may not be
adequately represented through geographical district.
 The Senate is composed of 24 senators who are elected and serve for six-year terms with half the senators elected
every three years.

The Supreme Court is the Philippines' highest judicial court as well as the court of last resort. The court consists
of 14 associate justices and a chief justice.