TITLE PAGE

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 24 th 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.

LEARNING ACTIVITIES

Activity 1
Direction: Write the feature/s of every constitution which you think is peculiar only to
such political document.

Name of Constitution Distinct Feature

- The first presidential and vice-

Pact of Biak-na-Bato Constitution presidential elections in Philippine
History were held.
- The Constitution of Biak-na-Bato was
never fully implemented and was
overtaken by the Pact of Biak-na-Bato
between the Spanish and the
Philippine Revolutionary Army.
- The basic law of the First
Malolos Constitution Philippine Republic. It was created
during the fight for the Philippine
independence from Spain.
Created the Commonwealth of the
1935 Constitution Philippines, an administrative body from
1935 to 1946.

1943 Constitution
- Composed
of a
preamble and
twelve
articles,
creates a
Republican
state with a
 powerful
executive
branch and
subordinate
legislative
and
judicial
branches.
- Composed of a preamble and
twelve articles, creates a Republican
state with a powerful executive branch
and subordinate legislative and
judicial branches.
- 1973 Constitution introduced
1973 Constitution parliamentary-style government;
Suspension of the Bill of rights

It adopted certain provisions from

Freedom Constitution the 1973 Constitution while abolishing
others. It granted the President broad
powers tore organize government
and remove officials, as well as
mandating the president to appoint a
commission to draft anew, formal
Constitution.
The 1987 Constitution established a
1987 Constitution representative democracy with three
distinct and independent branches of
government: The Executive, a
bicameral Legislature, and the
Judiciary.
Activity 2

Direction: Answer the questions below.

1. Why do you believe the Constitution hold such political relevance in the formation
of the Philippines as an independent nation?
It is the underlying principles and rules of a nation, state, or social organization
that dictate the powers and duties of the government and guarantee
certain rights to citizens, and it is the voice of a democratic people's core ideals
and ambitions.

2. Why did the Filipino leaders place a high value on the Constitution?

To make it nearly impossible to change them by normal laws

3. Do you think Filipino citizens believe that a Constitution is important? How?

Yes, because first, it establishes a national government with three
branches: legislative, executive, and judiciary, as well as a system of checks and
balances between them. Second, it establishes a power balance
between the federal government and state governments. Finally, it safeguards
American individuals' distinct individual freedom.
4. How does our 1987 Constitution impact its citizens and the world today?

There are citizens that are against it because it has remained unchanged
for three decades, the 1987 Constitution is regarded one of the world's
most durable constitutions. This is an unusual quality given that most
constitutional academics will agree that a constitution is never infallible
or immortal, even as they argue the optimal lifespan of a nation-charter
state's.

ASSESSMENT
Direction: Write the answer before the number.

6 Constitutions 1. How many constitutions are there in the history of the Philippines?

The Malolos Constitution 2. How was the 1899 Constitution called?

The 1973 Constitution 3. Which constitution first called for a parliamentary form of
government?

Executive, Legislative and Judicial branches 4. What salient feature of 1899

Constitution was carried over until 1987 Constitution?

The Commonwealth Constitution 5. The 1935 Constitution is also known as ________.

State Responsibility 6. It is the constitutional organ exercising authority in and holding

responsibility for the governance of a state.

Republic of the Philippines 7. The government after the Commonwealth of the

Philippines and after the proclamation of Philippine Independence, shall be known as
_______________.

Communist Threat 8. It was one of the reasons cited by Marcos for his declaration of
Martial Law.

“Citizen Assemblies” Martial Law 9. The process used in Oct. 1976 in the amendment of
the 1973 Constitution was through the _________.
Four Times 10. How many times had the 1973 Constitution been amended?

ENRICHMENT

Activity 1
Direction: There are many ways in the past in which Filipinos have shown and
expressed the special influences of the 1987 Constitution on the political
culture of the Philippines. Identify events, activities, celebrations, etc. that
show the influence of our Constitution.

Event Description

1. February 2nd Constitution Day Setting the date recognizes the

significance of the Constitution in
modern times
2. Freedom of Religion in The separation of Church and State
the Philippines shall be inviolable. (Article II,
Section 6), and, no law shall be
made respecting an
establishment of religion, or
prohibiting the free exercise
thereof.

3. February 8, 1987 Ratified by a nationwide plebiscite.

The legislative power shall be

4. The 1987 constitution of the vested in the Congress of the
republic of the Philippines – Philippines which shall consist of a
article vi; the legislative Senate and a House of
department Representatives, except to the
extent reserved to the people by the
provision on initiative and
referendum.
The framers of the
5. People Power (1987) 1987Constitution and the people
who ratified it made sure that
provisions institutionalizing people
power were incorporated in the
fundamental law, briefly discuss
at least two such provisions.

6. February 11, 1987 This constitution came into full force

and effect, after President Corazon
C. Aquino issued Proclamation No.

7. 1986–1990 Philippine coup There were six plots to

attempts overthrow Philippine President
Corazon Aquino involving various
members of the Armed Forces
of the Philippines
 8. February 25 – 1986 EDSA The People Power Revolution, also
Revolution known as the EDSA Revolution or
the February Revolution, was a
series of popular demonstrations in
the Philippines, mostly in Metro
Manila, from February 22–25, 1986.

9. June 12th Independence Day An annual national holiday in

(Philippines) the Philippines observed on
June 12, commemorating the
declaration of Philippine
independence from Spain in 1898.

Activity 2

Direction: There are other countries who have dedicated days for the founding of their
Constitution. Identify such nations and indicate the mark (√) or (x) if the
following elements are being practiced like celebrate Independence Day,
produce printed copies of their constitution and locations where citizens and
visitors can view their constitution. An example is given below.

Celebrate Location/place
Countries Independence Day Printed copies where to view

Philippines √ √ √

Ghana √ √ √

√ √ √
Indonesia
√ √ √
France

√ √ √
Mexico

Peru √ √ √
 India √ √ √

REFERENCES

https://constitutioncenter.org/blog/a-quick-look-at-thomas-jeffersons-constitutional-
legacy

https://millercenter.org/president/jefferson/life-in-brief

https://billofrightsinstitute.org/educate/educator-resources/lessons-plans/current-
events/the-constitution-and-culture/

https://www.merriam-webster.com/dictionary/constitution

https://supreme.findlaw.com/documents/consthist.html

https://www.lexico.com/definition/constitution

https://quod.lib.umich.edu/e/ecco/004780831.0001.000/1:2?rgn=div1;view=fulltext