Presentation on theme: "Evolution of Philippine constitution"— Presentation transcript:

1 Evolution of Philippine constitution

2 constitution

Defined as a set of fundamental principle or established precedent according to which a state or other
organization is governed, thus the word itself means o be part of a whole, the coming together of
distinct entities into one group with the same principles and ideals. These define the nature and extent
of government.

3 Constitution of the philippines

The Supreme law of the Republic of the Philippines

Has been in effect since 1987

There were only three other constitution that have effectively governed the country: 1935
Commonwealth Constitution, 1973 Constitution and 1986 Freedom Constitution.

4 1987: Constitution of biak-na-bato

The Constitution of biak na bato was the provisionary Constitution of the Philippine Republic during the
Philippine Revolution.

The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de Malabón, Cavite,
on March 22, 1897, the first presidential and vice presidential elections in Philippine history were held—
although only Katipuneros (members of the Katipunan) were able to take part, and not the general
populace.

A later meeting of the revolutionary government established there, held on November 1, 1897 at Biak-
na-Bato in the town of San Miguel de Mayumo in Bulacán, established the Republic of Biak-na-Bato.

The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and based on the first Cuban
Constitution. It is known as the "Constitución Provisional de la República de Filipinas", and was originally
written in and promulgated in the Spanish and Tagalog languages.

6 The organs of the government under the constitution of biak na bato

1. Supreme council which was vested with the power of the republic, headed by the president and Four
Departments secretaries : Interior, Foreign Affairs, Treasury, and War.

2. Consejo Supremo de Gracia Y Justicia ( Supreme Council of Grace and Justice) which has given the
authority to make decisions and affirm or disprove the sentences rendered by other courts and dictate
rules for the administration of Justice

3. Asamblea de Representates (Assembly of the Representatives) which has to be convened after the
revolution to create a new constitution and to elect a new council of Government and Representative of
the people.
7 Preamble of Biak na bato

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.

8 1899: Malolos COnstitution

Known as the Constitución Política de Malolos and it was written in Spanish

Following the declaration of independence from Spain on June 12, 1898 and transformation of the
dictatorial government to a revolutionary government on 23 June

Convened in Barasoain Church in Malolos (now Malolos City, Bulacan)

Pedro Paterno as president and Gregorio Araneta as vice president

Opposed by Apolinario Mabini, the Prime Minister of the revolutionary government.

Ratified on November 29, 1898, signed into law on December 23, approved on January 20, 1899

Sanctioned by President Emilio Aguinaldo on January 21, and promulgated on January 22

Anchored in democratic traditions that ultimately had their roots in American soil, modeled on the
constitutions of France, Belgium, and Latin American countries

States that the people have exclusive sovereignty

It states basic civil rights, separated the church from the state, and called for the creation of an
Assembly of Representatives which would act as the legislative body.

It also calls for a Presidential form of government with the president elected for a term of four years by
a majority of the Assembly

the authentic and official constitution of La Republica Filipina (Philippine Republic).

9 Preamble of malolos constitution

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.

10 1935:the Commonwealth Constitution

The 1935 Constitution of the Philippines was written in 1934, approved and adopted by the
Commonwealth of the Philippines ( ) and later used by the Third Republic of the Philippines ( ). It was
written with an eye to meeting the approval of the United States Government as well, so as to ensure
that the U.S. would live up to its promise to grant the Philippines independence and not have a premise
to hold on to its "possession" on the grounds that it was too politically immature and hence unready for
full, real independence.

The original 1935 Constitution provides, inter alia, for a unicameral Legislature and a single six-year term
for the President. It was amended in 1940 to have a bicameral Congress composed of a Senate and
House of Representatives, as well the creation of an independent Commission on Elections. The
Constitution limited the President to a four-year term with a maximum of two consecutive terms in
office.

11 Acts of the United States Congress

The Philippines was a United States Territory from December 10, 1898 to March 24, 1934[17] and
therefore under the jurisdiction of the Federal Government of the United States. Two acts of the United
States Congress passed during this period can be considered Philippine constitutions in that those acts
defined the fundamental political principles and established the structure, procedures, powers and
duties of the Philippine government.

Philippine Organic Act of 1902

The Philippine Organic Act of 1902, sometimes known as the "Philippine Bill of 1902" or the "Cooper
Act", was the first organic law for the Philippine Islands enacted by the United States Congress. It
provided for the creation of a popularly elected Philippine Assembly, and specified that legislative power
would be vested in a bicameral legislature composed of the Philippine Commission (upper house) and
the Philippine Assembly (lower house). Its key provisions included a bill of rights for the Filipinos and the
appointment of two non-voting Filipino Resident Commissioner of the Philippines to represent the
Philippines in the United States House of Representatives.

Philippine Autonomy Act of 1916

The Philippine Autonomy Act of 1916, sometimes known as "Jones Law", modified the structure of the
Philippine government by removing the Philippine Commission as the legislative upper house and
replacing it with a Senate elected by Filipino voters, creating the Philippines' first fully elected national
legislature. This act also explicitly stated that it was and had always been the purpose of the people of
the United States to end their sovereignty over the Philippine Islands and to recognise Philippine
independence as soon as a stable government can be established therein.

Tydings–McDuffie Act (1934)

Though not a constitution itself, the Tydings–McDuffie Act of 1934 provided authority and defined
mechanisms for the establishment of a formal constitution via a constitutional convention.

12 Preamble of commonwealth constitution

The Filipino people, imploring the aid of 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."
13 1973: constitutional Authoritarianism

On 24 August 1970, Congress enacted RA No. 6132, otherwise known as the Constitutional Convention
Act, for the purpose of convening a Constitutional Convention.

While in the process of drafting a new Constitution, President Ferdinand Marcos declared Martial Law
on 21 September 1972

The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce
a parliamentary-style government. Legislative power was vested in a unicameral National Assembly
whose members were elected for six-year terms. The President was ideally elected as the symbolic and
purely ceremonial head of state chosen from amongst the Members of the National Assembly for a six-
year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased
to be a Member of the National Assembly. During his term, the President was not allowed to be a
member of a political party or hold any other office.

14 From 16–17 October 1976, a majority of barangay voters (also called "Citizen Assemblies")
approved that martial law should be continued and ratified the amendments to the Constitution
proposed by President Marcos.

The 1976 amendments were:

an Interim Batasang Pambansa (IBP) substituting for the Interim National Assembly;

the President would also become the Prime Minister and he would continue to exercise legislative
powers until such time as martial law was lifted.

The Sixth Amendment authorized the President to legislate on his own on an "emergency" basis:

Whenever in the judgement of the President there exists a grave emergency or a threat or imminence
thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable
to act adequately on any matter for any reason that in his judgment requires immediate action, he may,
in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall
form part of the law of the land.

15 Preamble of 1973 constitution

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.

16 1987: Freedom constitution (constitution after martial Law)

On February 11, 1987, the new constitution was proclaimed ratified and took effect.

Establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the
people and all government authority emanates from them".
Corazon Aquino issued Proclamation No. 3, 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 translation to a government under a new constitution.

The 1987 Constitution established a representative democracy with power divided among three
separate and independent branches of government: the Executive, a bicameral Legislature, and the
Judiciary. There were three independent constitutional commissions as well: the Commission on Audit,
the Civil Service Commission, and the Commission on Elections. Integrated into the Constitution was a
full Bill of Rights, which guaranteed fundamental civil and and political rights, and it provided for free,
fair, and periodic elections.

17 Executive branch

The Executive branch is headed by the President and his appointed Cabinet. The President is the head of
the state and the chief executive, but he is subject to significant checks from the other branches,
especially in times of emergency, which, given the history of the country, was obviously intended to be a
safeguard against a repeat of Marcos’ martial law despotism.

For example, in cases of national emergency, the President can still declare martial law, but not for a
period longer than 60 days. Congress can revoke this decision by a majority vote, or it can also extend it
for a period to be determined by the Congress. Additionally, the Supreme Court can review the
declaration to decide if there were sufficient facts to justify martial law.

The President can grant pardons and amnesty. He is also empowered to make or accept foreign loans.
He cannot, however, enter into treaties without the consent of the Senate. The President and Vice-
President are elected at large by a direct vote, but the President may only serve one 6-year term. The
Cabinet, consisting of the President’s advisers and heads of departments, is appointed by the President
and it assists him in his governance functions.

18 Legislative branch

The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House
of Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve
no more than two consecutive 6-year terms.

The House is composed of 250 elected members. Most of these Representatives are elected by district
for 3-year terms, but 20% of the total membership is chosen in proportion to party representation.
Besides the exclusive power to legislate, one of the most important powers of Congress is the ability to
declare war, which it can through a two-thirds vote in both houses.

Even the power to legislate, however, is subject to an executive check. The President retains the power
to veto a bill passed by both houses, and Congress may override this veto only with a two-thirds vote in
both houses.

19 Judicial branch

The Court system in the Philippines exercises the judicial power of government and it is made up of a
Supreme Court and lower courts created by law. The Supreme Court is a 15- member court appointed
by the President without need for confirmation by Congress. Appointment, however, is limited to a list
of nominees presented to the President by a constitutionally-specified Judicial and Bar Council.

This Council consists of 7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a
representative from Congress, a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court, and a representative of the private sector. The first four serve for four
years, the law professor for three, the retired Justice for two, and the private sector representative for
one year.

The Supreme Court Justices may hear, on appeal, any cases dealing with the constitutionality of any law,
treaty, or decree of the government, cases where questions of jurisdiction or judicial error are
concerned, or cases where the penalty is sufficiently grave. It may also exercise original jurisdiction over
cases involving government or international officials. The Supreme Court also is charged with overseeing
the functioning and administration of the lower courts and their personnel.

20 Changing of the constitution

Constitutional reform in the Philippines, also known as Charter Change (colloquially Cha-Cha) refers to
the political and legal processes needed to amend the current 1987 Constitution of the Philippines.
Under the common interpretation of the Constitution, amendments can be proposed by one of three
methods: a People's Initiative, a Constituent Assembly or a Constitutional Convention.

21 People's Initiative (or "PI") is a common appellative in the Philippines that refers to either a mode for
constitutional amendment provided by the 1987 Philippine Constitution or to the act of pushing an
initiative (national or local) allowed by the Philippine Initiative and Referendum Act of The appellative
also refers to the product of either of those initiatives.

A Constitutional Convention, is one of the three methods to amend the Constitution of the Philippines.
The others are a People's Initiative or a Constituent Assembly. Article XVII, Section 3 of the Constitution
says, "The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or
by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

The Constituent Assembly, is a term describing one of the three methods by which amendments to the
1987 Constitution of the Philippines may be proposed. The other two modes are via People's Initiative
and Constitutional Convention. All three require a majority vote in a national referendum.

Constituent Assembly is composed of all members of the bicameral Congress of the Philippines (Senate
and the House of Representatives). It is convened by Congress to propose amendments to the 1987
constitution. Under Article XVII of the Constitution of the Philippines, amendments pass upon a vote of
three fourths of all members of Congress, but it is not clear if the Congress should vote as a single body
or as separate houses. The convention of Congress into a Constituent Assembly is not explicitly provided
for in the Constitution, since the term "Constituent Assembly" is not used in the Constitution.

22 Proposed amendments or revision to the 1987 Constitution

Ramos Administration
The first attempt to amend the 1987 Constitution was under President Fidel Ramos. Among the
proposed changes in the constitution included a shift to a parliamentary system and the lifting of term
limits of public officials. Ramos argued that the changes will bring more accountability, continuity, and
responsibility to the "gridlock"-prone Philippine version of presidential bicameral system. Some
politically active religious groups, opposition politicians, business tycoons and left-wing organizations
opposed the process that was supposed to lead to a national referendum. Critics argued that the
proposed constitutional changes for one would benefit the incumbent, Ramos. On September 21, 1997,
a church-organized rally brought in an estimated half a million people to Rizal Park.

Furthermore, on September 23, 1997, the advocates suffered a setback when the Supreme Court, under
Chief Justice Andres Narvasa, narrowly dismissed a petition filed by the People's Initiative for Reform,
Modernization and Action (PIRMA), which sought to amend the Constitution through a signature
campaign or People's Initiative. The Supreme Court dismissed the petition on the grounds that the
People's Initiative mode does not have enough enabling law for the proposed revisions or amendments
in the 1987 constitution.

23 Estrada Administration

Under President Joseph Estrada, there was a similar attempt to change the 1987 constitution. The
process is termed as CONCORD or Constitutional Correction for Development. Unlike Constitutional
Reform under Ramos and Arroyo the CONCORD proposal, according to its proponents, would amend
only the restrictive economic provisions of the constitution that are considered to impede the entry of
more foreign investments in the Philippines.

There were, once again, objections from opposition politicians, religious sects and left-wing
organizations based on diverse arguments such as national patrimony and the proposed constitutional
changes would be self-serving. Again, the government was accused of pushing constitutional reform for
its own vested interests.

Arroyo Administration

Endorsed a constitutional change through a constituent assembly, which entails a two-thirds vote of the
House to propose amendments or revision to the constitution. This initiative was alos not successful
since the term of President Arroyo was mired in controversy and scandal, including the possibility of
arroyo extending her term as president, which the constitution does not allow.

24 Aquino III administration

President Benigno Aquino III had no concrete plans regarding constitutional reform, but several
proposals were put forth by different members of Congress. Senate Resolution No. 10, by Senator
Pimentel, called for constitutional reform to convert to a federal republic. Belmonte's joint resolution on
economic provisions. They filed a bill pushing for a federal and parliamentary government, in addition to
economic liberalization.

Duterte administration

During the May 2016 election, Rodrigo Duterte stated in May 2016 that a plebiscite on the proposed
replacement of the unitary state with a federal one will be held in two years.
After winning, Duterte proposed to revive the proposed form of Nene Pimentel.On December 7, 2016,
President Duterte signed Executive Order No. 10 creating a consultative committee (ConCom) to review
the 1987 Constitution.Then on July 3, 2018, the ConCom unanimously approved the draft constitution
through voting. It was submitted to the President on or before July 9 of the same year.

Referred to as the "Bayanihan Constitution" (referring to the Filipino value of communal work) by
Duterte and the consultative committee the proposed federal charter includes an amendment that aims
to prohibit elected officials from switching political parties during the first and last two years of their
term, as a response to turncoat behavior. Also included are provisions that seek to ban political
dynasties, barring "persons related within the second civil degree of consanguinity or affinity" from
running for public office "simultaneously for more than one national and one regional or local position."

25 federalism

Federalism is a proposed type of government wherein sovereignty is constitutionally divided between

the national government and sub divisional governments (such as states or provinces). Federalism
divides the country into several autonomous states with a national government.

How federalism works?

The autonomous states are even further divided into local government units. They will have the main
responsibility over developing their local industries, public health and safety, education, transportation,
and culture. These states have more power over their finances, policies, development plans, and laws.