Professional Documents
Culture Documents
The constitution is defined as a set of fundamental The newly reformed Philippine revolutionary forces
principles or established precedents according to reverted to the control of Aguinaldo, and the
which a state or other organization is governed. Philippine Declaration of Independence was issued
on 12 June 1898, together with several decrees
The Constitution of the Philippines, the supreme that formed the First Philippine Republic
law of the Republic of the Philippines, has been in
effect since 1987. There were only three other
constitutions that have effectively governed the The Dictatorial Government
country: the 1935 Commonwealth Constitution, the
1973 Constitution, and the 1986 Freedom He was to establish a dictatorial form of government
Constitution. because such a government was very effective in a
critical period such as what the country was
1897: Constitution of Biak-na-Bato experiencing. (May 24, 1898)
Aguinaldo made it that this form of government was
The Constitution of Biak-na-Bato was the temporary in nature and that in the future the
provisionary Constitution of the Philippine people may modify.
Republic during the Philippine Revolution, and
was promulgated by the Philippine
Revolutionary Government on 1 November Mabini Enters the Scene
1897.
He was according to the informant, a bright young
The constitution, borrowed from Cuba, was man who could be relied upon times of crisis.
written by Isabelo Artacho and Felix Ferrer in Mabini was brought before Aguinaldo in his office.
Spanish, and later on, translated into Tagalog. He was thin and obviously sick. (paralyzed from the
waist down to his lower limbs)
The organs of the government under the When Aguinaldo heard Mabini's voice, he smiled.
Constitution of Biak-na-Bato were: Mabini's voice was firm, had a deep conviction and
it had a courage.
1. The Supreme Council, which was vested with the
power of the Republic, headed by the president and The Declaration of Independence
four department secretaries: the interior, foreign
affairs, treasury, and war; On June 5, Aguinaldo ordered that June 12 be set
aside for the proclamation of independence. He
2. The Consejo Supremo de Gracia Y Justicia asked Julian Felipe to compose a march which
(Supreme Council of Grace and Justice), which was would be played during the independence day
given the authority to make decisions and affirm or ceremonies.
disprove the sentences rendered by other courts It was entitled "Marcha Filipina Magdalo"
and to dictate rules for the administration of justice; June 12, The Philippine flag designed by Aguinaldo
and
and sewn in Hong Kong by Mrs. Marcela Agoncillo
was officially hoisted for the first time to the
3. The Asamblea de Representantes (Assembly accompaniment of the "Marcha Filipina".
of Representatives), which was to be convened The Act of the Declaration of Independence was
after the revolution to create a new Constitution and prepared and read in Spanish by Ambrosio
to elect a new Council of Government Rianzares Bautista.
andRepresentatives of the people.
The Declaration of Independence was signed by
ninety-eight persons.
Colonel L. M. Johnson attended the ceremonies on
Dewey's behalf.
Local Government Reorganized They believed that necessary to have a modern
constitution where Congress functioned as an equal
Mabini prepared the decree of June 18 which branch of executive charged with legislative power.
provided for the reorganization of the government in
provinces that were already taken from the The Malolos Constitution
Spaniards.
Mabini prepared a draft of the constitution called
The right to vote was given to men of high moral Constitutional Plan of the Philippine Republic and
character and good standing in his community. submitted it to Congress.
They bwere the ones who would elect the town Felipe G. Calderon prepared his version of the
head, the cabeza of each barrio, and the delegate constitution with the advice of Cayetano Arellano.
for justice and civil registry, and the delegate for
taxes and property. The final version of the Constitution was
promulgated by Aguinaldo on January 21, 1899.
The town chief acted as president of the Assembly:
the cabeza of the poblacion or town proper as the The document they came up with, approved by the
vice president; and the delegate for justice and civil Congress on 29 November 1898, and promulgated
registry as the secretary. by Aguinaldo on 21 January 1899, was titled The
Political Constitution of 1899 and written in
Mabini thought that there should be a Revolutionary Spanish.
Congress.
The constitution has 39 articles divided into 14
The main function of the Congress was "to titles, with eight articles of transitory provisions,
propose...measures concerning the preservation of and a final additional article.
internal order and external security of these
islands." The document was patterned after the Spanish
Constitution of 1812, with influences from the
The Revolutionary Government charters of Belgium, Mexico, Brazil, Nicaragua,
Costa Rica, and Guatemala, and the French
The decree, prepared by Mabini, changed the title Constitution of 1793.
of the Chief of State from Dictator to President.
According to Felipe Calderon, main author of
The June 23 decree also provided for the creation the constitution, these countries were studied
of Congress. because they shared similar social, political,
ethnological, and governance conditions with
the Philippines.
Provinces which could not hold any election for
delegates to Congress, because they were still
1. Assembly or the legislative branch was more
under Spaniards, would be represented by
powerful than the executive or the judicial branch.
appointive delegates to Congress.
2. It provided that when the Assembly was not in
The Malolos Congress session, a permanent commission, composed of
members of the Assembly would sit as a legislative
The Basilica of Barasoain was filled with people on body.
the morning of Sept.15, 1898.
3. The Constitution established a unicameral
In the afternoon, the members of Congress elected legislature.
the following officers:
President: Pedro A. Paterno Prior constitutional projects in the Philippines
Vice President: Benito Legarda also influenced the Malolos Constitution,
First Secretary: Gregorio Araneta namely;
Second Secretary: Pablo Ocampo
1. The Kartilya and the Sanggunian Hukuman,
The Malolos Congress was elected, which selected the charter of laws and morals of the
a commission to draw up a draft constitution on 17 Katipunan written by Emilio Jacinto in 1896;
September 1898, which was composed of wealthy 2. The Biak-na-Bato Constitution of 1897
and educated men. planned by Isabelo Artacho;
In the decrees of June 18 & 23 was for the 3. Mabini's Constitutional Program of the
Congress to function as an advisory group to the Philippine Republic of 1898;
President; he meant for it is not act as a lawmaking 4. The provisional constitution of Mariano
body. Ponce in 1898 that followed the Spanish
The members of the congress were opposed to constitutions; and
Mabini. 5. The autonomy projects of Paterno in 1898.
Primary Source: Preamble of the Political Later, it's name changed to Heraldo Filipino then to
Constitution of 1899. Indice Official, and finally to Gaceta de Filipinas.
The form of government, according to Title Il, Article The most famous of these newspapers was a La
4 is to be popular, representative, alternative, and Independencia, it's editor and part-owner was Gen.
responsible, and shall exercise three distinct Antonio Luna.
powers—legislative, executive, and judicial. The
legislative power was vested in a unicameral body Great Filipino writers in Spanish wrote in it's
called the Assembly of Representatives, members columns like Cecilio Apostol, Fernando Ma.
of which are elected for terms of four years. Guerrero, Jose Palma, Rafael, Epifanio de los
Santos, Jose Abreu, Mariano V. del Rosario,
Executive power was vested in the president and Salvador V. del Rosario, Rosa Sevilla, and
elected by a constituent assembly of the Assembly Florentina Arellano.
of Representatives and special representatives.
The president will serve a term of four years without Other nationalistic newspapers that were circulated
re-election. There was no vice president, and in were La Republica Filipina in Mandaluyong, La
case of a vacancy, a president was to be selected Libertad in Manila, Ang Kaibigan nang Bayan in
by the constituent assembly Malolos, Columnas Volantes in Lipa, Batangas. La
Federacion in Cabatuan, Iloilo, La Revolucion in
The 1899 Malolos Constitution was never enforced Jaro, Iloilo, La Oportunidad in Tagbilaran, Bohol
due to the ongoing war. and many others.
The curriculum included subjects such as Latin Guided by a set of instructions issued to it on April
grammar, universal geography, English, French, 7, 1900 by McKinley.
history, mathematics, physics, chemistry,
philosophy, and natural laws.
B. Civil Government
In October 1898, a decree was issued creating the Inaugurated on July 4, 1901.
Literary University of the Philippines. William Howard Taft as the first Civil Governor.
The Revolutionary Government founded it's official His policy "the Philippines for the Filipinos" made
organ, El Heraldo de la Revolucion, which came out him popular among the Filipinos.
on Sept.29, 1898.
Taft served until December 1903.
TAFT COMMISSION 1900 G. The Jones Law of 1916
President Mckinley sent the 2nd commission to the Signed by President Woodrow Wilson on August
Philippines headed by William Taft. It was both an 29, 1916.
executive and legislative body.
Also known as the Philippine Autonomy Act.
Created statutes Established judicial and taxation
system Established municipal governments Sponsored by U.S. Representative William Atkinson
Jones of Virginia.
Oath of loyalty was required for everyone. Governor General was in charge of the executive
branch
C. Philippine Bill of 1902 On October 3, 1916, elections were held for the
new Philippine Legislature.
also known as the Cooper Act.
Sponsored by U.S. Representative Henry A. It was formally inaugurated on October 16, 1916.
Cooper of Wisconsin.
On July 1, 1902, the Philippine Bill of 1902 was Sergio Osmeña was elected Speaker of the House
passed by Congress. It created the Philippine of Representatives.
Assembly.
Manuel L. Quezon became President of the Senate.
D. Philippine Assembly
Two acts of the United States Congress were
On July 30, 1907, the first free national elections passed that may be considered to have qualities of
were held in the Philippines for members of all the constitutionality.
Filipino lawmaking body.
1. The Philippine Organic Act of 1902, the first organic
Hundreds of candidates campaigned under many law for the Philippine Islands that provided for the
new political parties. creation of a popularly elected Philippine Assembly.
80 delegates won, most of them came from the 2. The Philippine Autonomy Act of 1916, commonly
Nacionalista Party. referred to as "Jones Law," which modified the
structure of the Philippine government through the
removal of the Philippine Commission, replacing it
Inaugurated on October 16, 1907 at the Manila with a Senate that served as the upper house and
Grand Opera House. its members elected by the Filipino voters, the first
truly elected national legislature.
The Commonwealth was briefly interrupted by the The Filipino people were satisfied by his performance
events of the World War Il, with the Japanese during his first term and in 1969 elections, Marcos won his
occupying the Philippines. Afterward, upon second term. He was the only President of our country
to win re-election unlike his predecessors who ran for re-
election and lost. 4. Alleged assassination attempts on President
Marcos and other key national leaders such as the
Unfortunately, his second term was commenced by residence of Congressman Eduardo Cojuangco and
massive economic problems and opposition from radical Senator Jose Roy and the car ambush of Defense
groups and new-emerged political enemies. Marcos Secretary Juan Ponce Enrile resulting the death
extended his term beyond the 8-year constitutional of his driver.
declaration. His political maneuvering finally took the
government through military means. September 21, 1972 - Marcos secretly signed
Proclamation No. 1081 placing the entire archipelago under
Martial Law.
1973 Constitutional Authoritarianism Before the convention finished its work, Martial Law
was declared.
In 1965, Ferdinand E. Marcos was elected
president, and in 1967, Philippine Congress passed ✔ Marcos cited a growing communist insurgency as reason
for the Martial Law, which was provided for in the 1935
a resolution calling for a constitutional convention to
Constitution. Some delegates of the ongoing constitutional
change the 1935 Constitution. convention were placed behind bars and others went into
Marcos won the re-election in 1969, in a bid hiding or were Voluntary exiled
boosted by campaign overspending and use of
government funds ✔ With Marcos as dictator, the direction of the convention
turned with accounts that the President himself dictated
✔ Elections of the delegates to the constitutional some provisions of the Constitution, manipulating the
convention were held on 20 November 1970, document to be able to hold power for as long as he could.
✔ The Constitutional convention began formally on 1 June ✔ On 29 November 1972, the convention approved its
proposed constitution.
1971, with former President Carlos P. Garcia being elected
as convention president. The constitution was supposed to introduce a
parliamentary-style government, where legislative
✔ Unfortunately, he died, and was succeeded by another power was vested in a unicameral National
former president, Diosdado Macapagal. Assembly, with members being elected to a six-
year term
The debates in the convention focused mainly on
the issue of shifting the form of government from President Marcos issued Presidential Decree No.
presidential to parliamentary system. 73 setting the date of the plebiscite to ratify or reject
Pro Marcos delegates mandated parliamentary the proposed constitution on 30 November 1973.
form.
This plebiscite was postponed later on since
Under the 1935 constitution, the tenure of the Marcos feared that the public might vote to reject
president was limited to two terms or a maximum of the constitution.
8 years
The situation in the 1980s had been very turbulent.
Terrible incidents which were enough reasons for President As Marcos amassed power, discontent has also
Marcos to put the country into Martial Law: been burgeoning.
1. The Bombing of Plaza Miranda (August 21, 1971) The tide turned swiftly when in August 1983,
Benigno Aquino Jr., opposition leader and regarded
2. Demonstrations and rallies conducted by militant as the most credible alternative to President
students, intellectuals and religious groups. One Marcos, was assassinated while under military
escort immediately after his return from exile in the
shocking event occured on the night of January 30,
United States.
1970 in Mendiola causing the death of five
students. A small group of military rebels attempted to stage
a coup, but failed; however, this triggered what
3. The bombings of public properties and private came to be known as the EDSA People Power
residences which included the U.S. Embassy, Revolution of 1986, as people from all walks of life
Manila Water System in San Juan Manila, the spilled onto the streets. Under pressure from the
United States of America, who used to support
Manila City Hall, the Constitutional Convention and
Marcos and his Martial Law, the Marcos family fled
a department store in Carriedo Manila whick killed into exile
an innocent customer in August 1972. 1987 Philippine Constitution after Martial Law
Assembly, Constitutional Convention, and People's
President Corazon Aquino's government had three Initiative.
options regarding the constitution: revert to the
1935 Constitution, retain the 1973 Constitution and The second effort happened in 1997, when a group
be granted the power to make reforms or start a called PIRMA hoped to gather signatures from
new and break from the vestiges of a disgraced voters to change the constitution through a people's
dictatorship. initiative. Many were against this, including then
Senator Miriam Defensor-Santiago, who brought
In March 1986, President Aquino proclaimed a the issue to court and won—with the Supreme
transitional constitution to last for a year while a Court judging that a people's initiative cannot push
Constitutional Commission drafted a permanent through without an enabling law.
constitution. This transitional constitution, called the
Freedom Constitution, maintained many provisions The succeeding president, Joseph Ejercito Estrada,
of the old one, including in rewritten form the formed a study commission to investigate the
presidential right to rule by decree. issues surrounding charter change focusing on the
economic and judiciary provisions of the
constitution. This effort was also blocked by
The Administration and Accomplishments of different entities.
President Corazon C. Aquino (1986-1992)
February 25, 1986- Corazon Aquino was sworn into office After President Estrada was replaced by another
as the seventh President of the Republic. The first thing she People Power and succeeded by his Vice
did was the restoration of democracy by appointing a new President, Gloria Macapagal Arroyo, then House
set of Cabinet members, freeing all political prisoners and Speaker Jose de Venecia endorsed constitutional
proclaiming a "freedom constitution" to give way for a new change through a Constituent Assembly, which
path of governing the country. entails a two-thirds vote of the House to propose
amendments or revision to the Constitution. This
In 1986, a constitutional convention was created, initiative was also not successful since the term of
composed of 48 members appointed by President President Arroyo was mired in controversy and
Aquino from varied backgrounds and scandal, including the possibility of extending her
representations. term as president, which the Constitution does not
allow.
The convention drew up a permanent constitution,
largely restoring the setup abolished by Marcos in
1972, but with new ways to keep the president in The administration of the succeedin President
check, a reaction to the experience of Marcos's Benigno Aquino Ill had no marked interest in charter
rule. The new constitution was officially adopted on change, except those emanating from different
2 February 1987 members of Congress, including the Speaker of the
House, Feliciano Belmonte Jr., who attempted to
introduce amendments to the Constitution that
Attempts: Changing of Constitution concern economic provisions that aim toward
liberalization. This effort did not see the light of day.
Changing the Constitution is a perennial issue that
crops up, and terms such as "Cha-Cha," "Con-Ass,"
and "Con-Con" are regularly thrown around. Article
Federalism
WII of the 1987 Constitution provides for three ways
by which the Constitution can be changed. Federalism in the Philippines was supported by
President Duterte in the 2016 presidential elections,
saying that it will evenly distribute wealth in the
Congress (House of Representatives and the
Philippines instead of concentrating it in Manila, the
Senate) may convene as a Constituent Assembly
capital of the country
(or Con-Ass) to propose amendments to the
Constitution. It is not clear, however, if Congress is
to vote as a single body or separately. How the As a form of government, a central governing
Congress convenes as a Con-Ass is also not authority and constituent political units
provided for in the Constitution. constitutionally share sovereignty. Applied to the
Philippines, the country will be broken into
autonomous regions. Each region will be further
divided into local government units.
Attempts to Amend or Change the 1987
Philippines Current System
Constitution
• Our current system is that of a Unitary Form, where
The 1987 Constitution provided for three methods administrative powers and resources are concentrated in
by which the Constitution can be amended, all the national government. Mayors and governors would have
requiring ratification by a majority vote in a national to rely on allocations provided to them.
referendum. These methods were Constituent
1. Protect and regulate the sustainable natural
resources of the land
MODULE 8: PHILIPPINE HISTORY 2. Foreign Relations
3. Develop business strengths and potentials
AND POLITICS & 4. Determine and enforce civil laws of property and
GOVERNANCE conduct
5. Implement and regulate fair and responsible
business practices
Origins of States 6. Provide public goods and services for the well-
❖ Divine Right Theory – is the belief that God gave being of the community as a whole
Kings the right to rule.
Forms of Government
✔ it holds that the state is of divine creation and the
ruler is ordained by God to govern the people.
Monarchy - a form of government in which the
sovereignty or power resides in one person or ruler.
Necessity or Force Theory (conquest theory)– it
maintains that states must have been created through
Absolute Monarchy – the ruler exercises absolute
force, by some great warriors who imposed their will
sovereign powers. He is the chief executive, the legislator
upon the weak. (Battle of the Fittest).
and the judge at the same time.
Paternalistic Theory – the government is a figurative Constitutional Monarchy or Limited Monarchy – the ruler
father in which the government’s role and justification is rules in accordance or must guide by the body of rules and
by way of being a method of caring for and ensuring customs which are generally embodied in a written
good conduct by the people within its area of constitution
jurisdiction.
Aristocracy and Oligarchy – a form of the government in
✔ It attributed the origin of states to the enlargement of which the supreme power resides only to a few persons;
the family which remained under the authority of the whose privileges arises from birth, wealth, superior, wisdom
father and mother. By natural stages, the family grew or priestly functions. It can also be called as government by
into a clan, then developed into a tribe which broadened elite of the society
into a nation, and the nation became a state.
Communism – refers to the communal ownership
Social Contract Theory of all property.
✔ The agreement among individuals by which society
becomes organized and invested with the right to De Facto – government acquired by force and
secure mutual protection and welfare. used from the legally constituted power and
✔ Individuals waived their liberty or rights for protection. authority.
✔ It asserts that the early states must have been
formed by deliberate and voluntary compact among the
De Jure – it is a government by right, lawful and
people to form a society and organized government for
legitimate, with the general support of the people
their common good
and its recognition of supremacy.
State distinguish from Government
The government is only the agency through which Dictatorship – the power is centralized in the
the state articulates its will. hands of a single individual and exercise power and
authority characterized by the development and its
A state cannot exist without a government, but it is political ideology.
possible to have a government without a state.
A government may change, its form may change, Socialist – can also be considered as a semi-
but the state, as long as its essential element are democratic system and a touch of communism
present, remains the same. wherein they control the big companies for the
welfare and interest of their economic activities.
Purpose and Necessity of Government
Advancement of the public welfare
✔ Protection of society and its members Parliamentary – the government is centralized,
✔ Advancement of the physical, economic, social, and conferring to the legislature all the power and
cultural well-being of the people. authority of the State. The Chief Executive is only
titular in function; members of the Cabinet are also
Consequence of absence; Anarchy, disunity and members of the legislature and the ruling political
chaos. party in power.
Representative – the people select or choose Power of Taxation – it is the power of the state to
somebody to represent the interests of another, the impose and collect taxes for public purposes.
chosen representative derives all the powers, ✔ The state imposes taxation to attain its purpose and
directly or indirectly from the majority of the people objectives.
and is administered by person holding their offices
during pleasures, for limited period of time, or
during good behavior
The Government of the Philippines
in Transition
Definition of State
The Pre- Spanish Government
A community of persons more or less numerous,
permanently occupying a definite portion of territory, The Unit of Government- prior to the arrival of
having a government of their own to which the great the Spaniards, the Philippines was composed of
body of inhabitants render obedience, and enjoying settlement or villages, each called balangay, a
freedom from external control Malayan word meaning “boat”
Programs and Policies • Ramon Magsaysay- the Third President of the Third
1. The creation of PACSA (President's Action Republic, his campaign was massively supported by CIA,
Committee on Social Amelioration) to alleviate the both financially and through practical help in discrediting his
economic plight of the masses; political enemies.
MAPHILINDO
And organization composed of Southeast Asian
countries particularly the Malaysia, Philippines, and
Indonesia.
Purpose: to boost our country's trade with our
neighbors.
The organization also have way to the making of
the Association of Southeast Asian Nations or
"Champion of the Common Man" better known as ASEAN.
Independence Day
Through an executive order, he changed the date of
indep. From the july 4, chosen date of the The last president of the Third Republic of the Philippines
Americans, to june 12, the day when Aguinaldo was President Ferdinand E. Marcos. Prior to the events of
proclaimed the country's independence in Kawit, Martial Law, the first term of the Marcos administration, as
Cavite. emphasized in his inaugural address on December 30,
July 4 is now the Philippine-American Friendship 1965, focused on “the revival of the greatness of the
day. nation.”
GLORIA ARROYO
BENIGNO AQUINO