EVOLUTION OF PHILIPPINE CONSTITUTION

by: elyza gonzaga

WHAT IS IT ALL ABOUT?

WHO? WHEN? WHY?

1. Emilio Aguinaldo July 18, 1897-
establishment of a Supreme
establishment of the council that serves as the
- established the Biak-na-Bato
Republic and issued a proclamation. Biak-na-Bato Republic highest governing body of

the Republic.
2. Felix Ferrer and November 1, 1897-
Isabelo Artacho the draft for the
outlined certain

Constitution was signed basic human rights:
- drafted the Constitution based

on Cuban Constitution. freedom of religion

President:

3. Council Members: WHERE? HOW? freedom of the press

right to education

Emilio
Aguinaldo
-mountains of Biak- convened an continue the revolution
ng-Bato at Bulacan assembly to draft a against the Spaniards
Vice President:
province provisional
Mariano Trias
constitution
Secretaries of:

replacement to the
republic that was
Interior:
Isabelo
War:
Emiliano
Treasury:
Baldomero
created at Tejeros
Artacho De Dios Aguinaldo

PACT OF BIAK-NA-BATO AND HOW IT FAILED

1. Voluntary exile of Emilio Aguinaldo

and his group to Hong Kong
2. The Spanish government would pay
P800 000 to the Filipinos in 3
installments.
3. Pay P900,000 to the Filipinos who
were not part of the revolution.
August 9, 1897
Pedro Paterno, a Filipino lawyer-activist
August 13, 1897 volunteered to the governor-general, Primo
Paterno met with Primo de Rivera to relay to de Rivera as a negotiator between
Filipinos and Spaniards.
him Aguinaldo’s demands for surrender

December 15, 1897
December 23, 1897 The Pact of Biak-na-Bato was signed

Generals Celestino Tejero and Ricardo Monet of the Spanish

army arrived in Biak-na-Bato and became hostages of the
rebels. A ceasefire was declared by both camps.

December 24, 1897
Aguinaldo and his group
February 1898 departed for Hong Kong
The revolutionaries destroyed the railroad in Laguna and the
pact of Biak-na-Bato ended as both Spaniards and Filipinos
did not fulfill their part in the pact.

April 25, 1898
May 1898
The Spanish-American war was declared.
Aguinaldo and the group returned to the
Philippines to continue the revolution.

May 1, 1898
May 28, 1898 Americans together with Filipinos, attacked the
Spaniards at the Manila harbor where the Spaniards
the Philippine Flag was unfurled for the first were defeated.
time at the battle of Alapan.

June 12, 1898

June 17, 1898 Philippine Independence was formally proclaimed.

Aguinaldo issued a proclamation formalizing the

creation of a dictatorial government responsible
for assessing the needs of the country.

EVOLUTION OF PHILIPPINE CONSTITUTION

by: elyza gonzaga

The First Philippine Republic Constitution in Asia

WHAT IS IT ALL ABOUT?

WHO? WHEN? WHERE?

Legality:
President:

Emilio
September 15, 1898
Malolos Congress was convened
Malolos,
Aguinaldo

January 20, 1899-

Bulacan
Cabinet Members: Malolos Constitution was approved

President of the
Cabinet and the
January 21, 1899
The constitution was ratified and
Barasoain
Church,
Secretary of
Foreign Affairs: proclaimed by Aguinaldo
Malolos,
Apolinario Mabini

Secretaries: January 23, 1899

The First Philippine Republic was
Bulacan
inagurated at Barasoain Church,
Malolos, Bulacan.

Interior: War: Finance:

Baldomero Welfare:
Teodoro Mariano Gracio
Sandico Aguinaldo Trias Gonzaga

The
Suffrage

Legislative
branch is higher
than the
Executive and
Division of Judiciary.
the government
into three PROVISIONS/ Legality of the
declaration of
branches. The
Executive, SALIENT independence in
Kawit, Cavite
Legislative
and Judiciary. FEATURES
Establishment Separation
of a of church
Republican and state
Government.

The Bill of
Rights of
Citizens

TREATY OF PARIS
August 12, 1898
The Spanish troops headed by Governor
General Basilio Agustin surrendered to
the American troops headed by
December 18, 1898. Commodore George Dewey.
The Treaty of Paris was signed.
Philippines, Guam, Puerto Rico, and
Cuba were ceded to the US
Government.
US Government paid $20M to the
Spanish government for the
permanent structures that the
Spanish built in four countries.

The Spanish will maintain their

free trade in the four countries
until the tenth (10th) year

Friars and the religious orders

will remain in the country and
their properties will remain
with them.
EVOLUTION OF PHILIPPINE CONSTITUTION
COMMONWEALTH CONSTITUTION
The 1935 Constitution provided the legal basis of the Commonwealth Government (transition government
before the granting of the Philippine independence with an American-inspired constitution); the
Philippine government would eventually pattern its government system after American government.
Spooner Amendment
After the Treaty of Paris and the
Filipino-American War in 1899, our
country was placed under a
military government until 1901 with
the passing of the Spooner
Amendment, putting an end to the
military rule in the Philippines and
replacing it with a civil government
with William H. Taft as the first civil
governor.
Hare-Hawes-Cutting Bill
Controversy divided the Philippine
legislature with the debate on the
acceptance or rejection of the
Hare-Hawes-Cutting Bill brought
home by Osmeña-Roxas mission
from the US Congress in 1931.
signed by President Franklin
Antis: Quezon and Recto
Pros: Osmena, Roxas and others.
Bicameral Legislature
composed of a senate and
House of Representatives
SALIENT
FEATURES
Right to Suffrage (Male)
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
Approval
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.
by: elyza gonzaga
Jones Act
The ratification of the
Philippine Bill of 1902, which
called for the creation of a
lower legislative branch
composed of elected Filipino
legislators, and the Jones Law
in August 1916 gave the
Filipinos the opportunity to
govern themselves better.
Tydings-McDuffie Act
On October 17, 1933, the Philippine
legislature rejected the bill.
Quezon eventually brought in the
Tydings-McDuffie Act (Public Law
73-127), a slightly amended version
of the Hare-Hawes-Cutting bill
Roosevelt on March 24, 1934. This
was accepted by the Philippine
Legislature on May 1, 1934.
4-year Term
The President is to be elected to a
four-year term together with the
Vice-President without re-election
Right to Suffrage (Female)
extension of the right of suffrage
to women within two years after
the adoption of the constitution.
Elections
Elections were held in
September 1935,
Manuel L. Quezon was
elected as the
president of the
Commonwealth.
 EVOLUTION OF PHILIPPINE CONSTITUTION
by: elyza gonzaga

Japanese-sponsored Second Republic of the Philippines

It 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

June 16, 1943

Premier Hideki Tojo promised independence to
the Philippines. The
KALIBAPI then formed the Preparatory Committee on Philippine
Independence (PCPI), led by Jose P. Laurel, composed of 20 delegates,
which was tasked with drafting a new Constitution that should conform
with the principles of the Greater East Asia Co-Prosperity Sphere.

September 4, 1943

The new Constitution was

approved by the PCPI

September 7, 1943

The new Constitution was

ratified by the KALIBAPI

October 14, 1943

In ceremonies in front of the Legislative
Building in Manila, the new Republic was
inaugurated, and Jose P. Laurel, the Chairman
of the Preparatory Committee, assumed office
as President.

Preamble Creates a Republican state with a

and 12 powerful executive branch and
subordinate legislative and judicial
articles branches.

CONTENT

One year after the termination of

Enumerates the duties and rights
the Great East Asia War or the
of the citizens and requires the
World War II, a new constitution
government to develop Tagalog
shall be formulated and adopted
as the national language
to replace this Constitution.

OTHER SALIENT FEATURES LEGISLATIVE

head of government
PRESIDENT'S POWERS
A limited legislative power is
commander-in-chief exercised by the unicameral
of the Armed Forces National Assembly whose members,
like the President, are not directly
to veto any bill of the Assembly elected by the people. Rather, the
Assembly is to be composed of
representatives from each province
to promulgate regulations when the Assembly is not in elected in Kalibapi conventions
session and in timesof war or national emergency throughout the country with
appointed governors and mayorsas
ex-officio members.
to declare martial law,

to suspend the privilege of the writ of habeas corpus JUDICIAL

to appoint the members of the Council of State and
officials of the local government.
The judicial power is
exercised by the Supreme
Court whosejustices,
together with judges of
lower courts, are to be
appointed by the President.
 EVOLUTION OF PHILIPPINE CONSTITUTION
by: elyza gonzaga

Parliamentary-style government
(Legislative power was vested in a unicameral National Assembly)

Ratified by the Proclaimed by

Citizens Assembly former President
held from January Ferdinand Marcos on
10-15, 1973 January 17, 1973

CONTENT

Provide for the

Preamble and 17 Articles -
protection and
Article IV (Bill of Rights)
preservation of Islamic
composed of 23 Sections
Concept of life

AMENDMENTS

1976 1980 1981 1984

(1st Amendment) (2nd Amendment) (3rd Amendment) (4th amendment)

Baranggay
voters Executive
approved to Retirement of power was Abolished the
continue Judiciary restored to the executive
Martial Law committee and
members was president restored the
Batasang extended up to Direct election position of vice-
pambansa to 70 years of President president
substitute for was restored
national A committee
assembly of Prime
President will minister and
become not more than
Prime 14 members
minister was created
Electoral
reforms

salient features challenges achievements

It is the first The constitution The power was There were

depicts an major reforms
time in history centralized to the in government
AUTOCRATIC
prime minister organization, in
to have a leadership to the provision of
maintain and which nullifies public
parliamentary improve the other legislative infrastructure,
system of discipline of and judiciary and in social
government every individual and economic
person authority. development.

EVOLUTION OF PHILIPPINE CONSTITUTION

by: elyza gonzaga

FREEDOM (TRANSITIONAL) CONSTITUTION

The 1986 EDSA People Power Revolution came to

light, democracy was restored. President Cory
Aquino won over Ferdinand Marcos in a snap
election. Issuance of Proclamation No. 3,
suspending certain provisions of the 1973
Constitution and promulgating in its stead a
transitory constitution. In March 1986, President
Aquino proclaimed a transitional Constitution to
last for a year while a Constitution Commission
drafted a permanent constitution. This transitional
constitution is called the 1986 FREEDOM
CONSTITUTION.

REVOLUTIONARY
instituted not in accordance
with the procedure provided in
an existing Constitution.
(Proclamation No.3)
SALIENT
FEATURES
TRANSITORY
To exist for a limited period
until the ratification and
effectivity of a permanent
constitution.
CONSTITUTIONAL
A revolutionary government
governing under a provisional or
interim constitution the people
could invoke to protect their rights
and to promote their welfare
DEMOCRATIC
installed by direct action of the people
as a direct expression or manifestation
of their sovereign will, therefore, it was
based on the consent of the governed
or the approval of the people.

People
Power
Revolution
 EVOLUTION OF PHILIPPINE CONSTITUTION
by: elyza gonzaga

CURRENT CONSTITUTION

This constitution was drafted in 133

days by an appointed Constitutional
Commission of 48 members and
ratified by the people in a plebiscite
held on February 2, 1987. It was
largely modeled on the American
Constitution which had so greatly
influenced the 1935 Constitution, but it
also incorporated Roman, Spanish,
and Anglo law.

SALIENT FEATURES
Democratic and Separation
Republican State of Power

“sovereignty resides in the people and

all government authority emanates from them”

prohibits encroachment of one

branch over the other

Judicial and Veto Power and

Overriding It
Autonomy of the
Local Government
Bar Council

Veto P
o Cong
designed to preside wer - overrid ress may
to recommend n
power tial power e the veto Three Fundamental
remove politics disapp to approvaif there is an
Powers of the
appointees to from the
rov
reje e or of the ml of 2/3rds
propos ct a em
congre ber of Government:
the judicial appointment of ed law ss.

branch. justices and

judges.
Power of Taxation
Power to Eminent
Domain
Police Power
Supreme Court Chief
C Justice Declaration of Martial
Law and Suspension of
O Secretary of Justice the Privilege of the Writ
M Representative of of Habeas Corpus Staggered
P Congress Number of
Representative from Senators
O the Integrated Bar of
S the Philippines
E Invasion
a professor of Law Rebellion
D a retired member of Declaration and 24 Senators
when public suspension will not

the Supreme Court
safety exceed 60 days unless

O a representative for approved by Congress.

Private Sector requires it
F the Clerk of the
1st 12 with the all
highest votes – sh
Court of the Supreme serve for 6 ye ars
rve
Court 2nd 12 – shall se
Reason: to ensure the continuity for 3 years
of legislative process
EVOLUTION OF PHILIPPINE CONSTITUTION
by: elyza gonzaga

From the Biak-na-Bato Constitution, which sought

to establish an independent nation, to the Malolos
Constitution, which is regarded as Asia's first Republic
Constitution, to the 1935 Constitution, to the 1943
Constitution, which was enacted during Japanese
colonialism (Official Gazette, n.d.), to the 1973
Constitution, which featured the first parliamentary
government (Prezi, n.d.), to 1986 Constitution, and
lastly, to the 1987 Constitution which is the current
Constitution, these are all different versions of the
Philippine Constitution, but what exactly do we mean
by constitution per se? In essence, it’s the body of
fundamental rules that a state is recognized to be
governed by (Oxford Dictionary, n.d.). It therefore
officially functions as the fundamental and supreme
law of the land (ICJ, n.d.).

Consequently, we could not argue that even if

we were aware of the provisions in our constitution's
text but lacked understanding of their nature, we
could project that they are unquestionably "worthless.”
Apart from the fact that successive leaders have
desired to change the country's constitution, one of
the reasons our Constitutions keep changing is that
some lawyers were aware of the rules but did not
apply them fairly. Instead, they saw the constitution as
a benefit to their profession.

On the brighter side, our Constitutional Law

guarantees our freedom, rights as individuals, and
fundamental laws, and principles that safeguard our
nation. Additionally, it specifies the government of the
Philippines' structure, policies, functions, and
responsibilities, which aids in their decision-making
regarding what they might do to our nation (ICJ, n.d.).
EVOLUTION OF PHILIPPINE CONSTITUTION
by: elyza gonzaga

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