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Topic 8
 Philippine Constitutions

Learning Outcome:
 Propose recommendation or solution to socio-political, economic and cultural
problems through understanding their root causes and their anticipation of future
scenarios (Philippine Constitution)

Number of Weeks to be Taught:

 2

Background

The first and the oldest written constitution ever made was that of the United States
of America. The people of the United States ratified their first Constitution and instituted
it as the supreme law of the land in July 1789. The most able men like Thomas Jefferson,
George Washington, Benjamin Franklin, James Madison, and Alexander Hamilton led the
crafting of this document to help “preserve and strengthen their young Republic, forestall
anarchy and ensure security of life and property against dangerous uprisings, create
political structure that would endure, and design a firm, dignified, strong, and respected
government that would be recognized by countries abroad.”

Constitutions may be classified as written or unwritten or codified or uncodified.

The First Philippine Republic was given birth following the tradition of having a codified
rules for countries around the globe to recognize our independence. Like America, our
Constitution adopts, for example, the system of checks and balances to prevent any one
branch of government from wielding too much power.

In the following section, the evolution of the Philippine constitution will be

presented. The present Philippine Constitution has been in effect since 1987. The other
constitutions that have effectively governed the country are the 1935 Commonwealth
Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. However, there
were earlier constitutions attempted by Filipinos in the struggle to break free from the
colonial yoke. Try to notice how they function and the inadequacies of such that led to
periodic amendment and transformation.

GUIDE CARD
Definition of a Constitution

In general, a Constitution “sets out the formal structure of the state, specifying the
powers and institutions of central government, and its balance with central authority.” It
gives voice of the fundamental values and aspirations of a democratic people. Its main
purpose, therefore, is to establish the basic rights of citizens and in so doing create limits
on and duties for government. Here are some very good definitions: A Constitution…

 is the fundamental principles and laws of a nation, state, or social group that
determine the powers and duties of the government and guarantee certain rights
to the people. Generally, it is a written instrument embodying the rules of a political
organization.

 is a set of fundamental principles or established precedents according to which a

state or other organization is governed, thus, it means to be a part of a whole, the
coming together of distinct entities into one group, with the same principles and
ideals.

 is a Thing antecedent to Government, and a Government is only the Creature of a

Constitution. The Constitution of a Country is not the act of its Government, but
of the People constituting a Government. It is the Body of Elements to which you
can refer and quote article by article; and which contains the principles upon which
the Government shall be established, the manner in which it shall be organized,
the powers it shall have, the Mode of Elections, the Duration of Parliaments, or by
what other name such Bodies may be called.

The Evolution of Philippine Constitution

A. The Constitution of Biak-na-Bato (1897)

 A provisionary Constitution during the Philippine Revolution

 Promulgated on November 1, 1897
 Written in Spanish by Isabelo Artacho and Felix Ferrer
 Three organs of the government: (1) Supreme Council headed by president
and 4 department secretaries( interior, foreign affairs, treasury, and war);
 (2) Supreme Council of Grace and Justice - make decisions and affirm/disprove
sentences by other courts and dictate rules for administration of justice
  (3)Assembly of Representatives – be convened after the revolution to create
new constitution and to elect a new Council of Government and
Representatives of the people
 Never implemented since the Pact of Biak-na-Bato was signed between
Spanish and Philippine Revolutionary Army

Preamble of the Biak-na-Bato Constitution

The separation of the Philippines from the Spanish monarchy and

their formation into an independent state with its own government called
the Philippine Republic has been the end sought by the revolution in the
existing war, begun on the 24th of August 1896; and, therefore, in its name
and by the power delegated by the Filipino people, interpreting faithfully
their desires and ambitions, we the representatives of the Revolution, in
a meeting at Biak-na-Bato, November 1, 1897, unanimously adopted the
following articles for the constitution of the State.

B. The Malolos Constitution (1899)

 Philippine Declaration of Independence was issued along with several decrees that
formed the First Philippine Republic
 17 September 1898 Malolos Congress elected members composed of wealthy and
educated men
 29 November 1898 approved by Congress
 21 January 1899 promulgated by Aguinaldo with title “The Political Constitution of
1899”
 Felipe Calderon patterned it after Spanish Constitution of 1812 with influences
from Belgium,Brazil, Mexico, Guatemala Costa Rica,French Constitution of 1793,
Kartilya, Biak-na-Bato Constitution, Mabini’s Constitutional Program of the Phil
Republic of 1898
 The Malolos constitution is the first important Filipino document ever produced
by the people's representatives. It is anchored in democratic traditions that
ultimately had their roots in American soil
 executive powers were to be exercise by the president of the republic with the
help of his cabinet.
 According to Title III, Article 5 of the Malolos Constitution: "The State recognizes
the freedom and equality of all beliefs, as well as the separation of Church and
State."
 Salient features:
A. Declared that sovereignty resides exclusively in the people
B. Stated basic civil rights
C. Separated the Church and State
D. Called for creation of an Assembly of Representatives to act as legislative
body
E. Called for a parliamentary republic as form of government. President was
elected for a term of four years by majority of the Assembly
F. established a democratic, republication government with three branches -
the Executive, Legislative and the Judicial branches.

Preamble of the Political Constitution of 1899

We, the Representatives of the Filipino People, lawfully

convened, in order to establish justice, provide for common defense,
promote the general welfare and insure the benefits of liberty, imploring
the aid of the Sovereign Legislator of the Universe for the attainment
of these ends, have voted, decreed, and sanctioned the following
political constitution.

C. Acts of the US Congress (1902-1934)

 Dec. 10, 1898 to March 24, 1934 Philippines was a US colony

 Passed (2) acts: Philippine Organic Act of 1902 and Philippine Autonomy Act
of 1916
 Informally acts as Philippine Constitutions as they defined fundamental political
principles: structure, procedures, powers and duties of the Philippine
government
 The third act was Tydings-McDuffie Act of 1934

1. Philippine Organic Act of 1902

 Also known as “Philippine Bill of 1902” provided for the creation of a
popularly elected Philippine Assembly
 Specified that legislative power vested in a bicameral legislature:
Philippine Commission and Philippine Assembly
  Provisions included bill of rights for the Filipinos and appointment of two
non-voting Filipino Resident Commissioner in the US House of
Representatives

2. Philippine Autonomy Act of 1916

 also known as “Jones Law” which removed the Philippine Commission

replacing it with a Senate elected by Filipino
 also explicitly stated that Philippine independence would be granted as
soon as a stable government can be established

3. Tydings-McDuffie Act (1934)

 Provided authority and defined mechanisms for the establishment of a

formal constitution via constitutional convention

D. The Commonwealth Constitution (1935)

 Created the Commonwealth of the Philippines, an administrative body from

1935 to 1946
 Transitional to prepare for eventual independence
 Provided for a unicameral National Assembly with president and vice-
president elected for six-year term with no re-election
 Amended in 1940 to have bicameral Congress composed of a Senate and
a House of Representatives
 Article VII, Sec. 11 (2) empowers President to declare martial law
 Created independent electoral commission
 Limited term of office of the president and vice president to four years, with
one re-election
 Granted women suffrage two years after adoption
 February 8, 1935 approval by Con-Con
 March 25, 1935 ratified by Pres. Franklin B. Roosevelt
 September 16, 1935 Manuel L. Quezon elected president
 On December 30, President Quezon issued Executive Order No. 134, s.
1937, approving the adoption of Tagalog as the language of the Philippines,
and declared and proclaimed the national language based on
the Tagalog dialect as the national language of the Philippines.
 1935 Preamble

The Filipino people imploring the divine providence, in order to

establish a government that shall embody their ideals, conserve and
develop the patrimony of the nation, promote the general welfare, and
secure to themselves and their posterity the blessings of independence
under a regime of justice, liberty, and democracy, do ordain and
promulgate this constitution.

E. The 1943 Constitution

 Drafted by the Preparatory Committee for Philippine Independence

appointed by Philippine Executive Commission
 Premier Hideki Tojo promised independence in 1942
 Ratified in 1943 by an assembly of appointed, provincial representatives of
Kalibapi
 Jose P. Laurel was appointed president by the National Assembly, declared
a state of war against US and British Empire
 Macapagal administration officially recognized Laurel as a former president

F. The 1973 Constitution (1973-1986)

 Dec. 30, 1965 Marcos was inaugurated president

 1967 Philippine Congress passed a resolution calling for a Con-Con to
change the 1935 constitution
 1969 Marcos was re-elected with allegations of overspending and use of
government funds during campaign period
 Nov. 20, 1970 elections of Con-Con delegates
 June 1, 1971 Con-Con began with Carlos P. Romulo as convention
president
 Controversial for removing presidential term limit
 Presidential Decree 1081 was proclaimed declaring on September 21, 1972
martial law (Article VII, Sec11 (2))…when public safety requires…), caused
by rampant corruption of the constitutional process, growing communist
insurgency, thus suspended 1935 constitution
 1973 Constitution introduced parliamentary-style government
 Legislative power was vested in unicameral National Assembly – elected
for six year term
 A President was chosen from National Assembly, ceremonial, could be
reelected for unlimited terms, not to hold any other office
 Executive power be exercised by the Prime Minister also elected by the
National Assembly
 Prime Minster was head of government and Commander-in-Chief of the
Armed Forces
 Amended four times
 16-17 October 1976 “Citizen Assemblies” martial law be continued and
ratified the amendments
 Interim Batasang Pambansa subtitutes for the Interim National
Assembly
 President would also become Prime Minister and continue exercise
legislative powers until such time martial law was lifted
 Sixth Amendment authorized to legislate on his own on “emergency”
basis
 1973 Constitution further amended in 1980 and 1981
 1980 amendment extended retirement age of members of judiciary
to 70 years
 1981 Amendment modified parliamentary system into French-style
semi-presidential system
 Executive power was restored to the President
 Direct election of the president restored
 Executive Committee composed of the Prime Minister and not more than
14 members was created to “assist the President in the exercise of powers
and functions and in the performance of duties as he may prescribe”
 Instituted electoral reforms
 1984 amendment abolished the Executive Committee, restored the position
of Vice-President
 1973 Constitution provided a true parliamentary system
 Marcos used manipulation to keep powers for himself
 The final form was the abolition of the Senate
 House of Representatives became known as Batasang Pambansa,
Departments became “Ministries”, cabinet secretaries to “cabinet
ministers”, Executive Secretary to “Prime Minister”
 1973 Preamble

We, the sovereign Filipino people, imploring the aid of Divine

Providence, in order to establish a Government that shall embody our
ideals, promote the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves and our posterity the
blessings of democracy under a regime of justice, peace, liberty, and
equality, do ordain and promulgate this Constitution.

G. The Freedom Constitution (1986)

 1986 People power Revolution ousted Marcos

 Pres. Corazon C. Aquino issued Proclamation No. 3 as a provisional
constitution
 Granted broad powers to reorganize government and remove officials,
mandating the president to appoint a commission to draft a new Constitution
 Also called “Freedom Constitution”
 Intended as a temporary constitution to ensure freedom of the people and
the return to democratic rule

H. The 1987 Constitution

 Constitutional Commission was established composed of 50 members

 Cecilia Muñoz Palma the Commission president
 Draft finished on October 12, 1986
 Ratified by a nationwide plebiscite on February 8, 1987
 Begins with preamble with 18 articles
 A “democratic republican State”, sovereignty resides in the people and all
government authority emanates from them”
 What is it all about? Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of the people
and the State. Its goal is to secure the sovereignty of the State and the
integrity of the national territory.
 Presidential system with three branches as check and balance
 Allows martial law in times of emergency only for 60 days
 Congress can revoke by majority vote or extend
 Supreme Court may review if justifying acts are sufficient
 President, VP elected by direct vote, serving a single six-year term
 Legislative powers in the Congress: Senate and House of Representatives
(234 districts)
 Congress may declare a state of war thru 2/3 votes in upper and lower
houses

1987 Preamble

We, the sovereign Filipino people, imploring the aid of

Almighty God, in order to build a just and humane society, and
establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves the blessings of independence
and democracy under the rule of law and a regime of truth, justice,
freedom, equality, and peace, do ordain and promulgate this
Constitution.