CHAPTER 7: Philippine Constitution
Broad: comprehensive, must cover all
"Don't interfere with anything in the
Constitution.
That must be maintained, for it is the only
safeguard of our liberties."
- Abraham Lincoln -
The Constitution
• body of doctrines and practices that
form the fundamental organizing
principle of a political state
• the foundation of the system of
government
• the highest law of the land
• Any law-making body cannot make
laws if these do not correspond with the
constitution.
• It creates the branches, powers, and
responsibilities of the government.
• It defines the executive, legislative and
judiciary branches.
• It tells what powers each of this
branch can do or cannot do - limitations.
The Importance of a Constitution
1. Maintain law and order
2. Impose rules and regulations
3. Protect individual rights and freedom
4. Limits the power of the government
A Well-crafted Constitution is:
1.
areas, otherwise there will be many
loopholes
2. Brief: less open to subjective
interpretation, short not wordy
3. Definite: must be final/sure
Evolution of the Philippine Constitution
The 1897 Constitution of Biak-na-Bato
• Known as Constitución Provisional de la
República de Filipinas
• Drafted by Isabelo Artacho and Félix
Ferrer and was based on the first Cuban
Constitution
The 1897 Constitution of Biak-na-Bato
Division of the Government:
1. The Supreme Council - headed by the
President and the four different
secretaries which was the interior, foreign
affairs, treasury, and war
2. Supreme Council of Grace and Justice -
create decisions, validate and refute the
sentences given by the other courts and to
command rules for the administration of
justice
3. Assembly of the Representatives -
assembled after the revolution to create
a new constitution and choose a new
Council of Government and
Representatives of the people.
Today, the secretary of war is the same
as the National of Defense and Armed
Forces;
the secretary of interior is same as DILG;
and
the supreme council of grace and justice is
similar to today’s supreme court.
The 1899 Malolos Constitution
• Made after the independence of the
Philippines
• Installed the First Republic
• was the first republican constitution in
Asia
• Not widely used, not spread, short-
lived, not so clear - All because the
Spanish regime had ended.
Main Declarations
1. Sovereignty resides exclusively in the
people
2. Stated basic civil rights
3. Separated the church and the state
4. Called for the creation of an
assembly of representatives to act as the
legislative body
5. Called for a parliamentary republic as
the form of government
6. President was elected for a term of
four years by a majority of the Assembly
Malolos and Biak na Bato
Constitutions have similar provisions
because they got a lot of inspiration
from the Cuban Constitution.
Malolos was also short-lived because
the Americans came. The Americans did
not welcome/honor any specific
constitution because they thought that
the Filipinos were not ready yet.
Acts of the United States Congress
The Philippine Organic Act of 1902 -
Cooper Act: The first organic law for the
Philippine Islands enacted by the United
States Congress
• Provided for the creation of a
popularly elected Philippine Assembly
• Legislative power would be vested in
a bicameral legislature composed of the
Philippine Commission (upper house)
and the Philippine Assembly (lower
house)
The Philippine Autonomy Act of 1916 -
Jones Law
• Modified the structure of the
Philippine government legislature
• Removed Philippine Commission as
the legislative upper house and replacing
it with a Senate elected by Filipino voters
• Stated that it was and always had been
the purpose of the people of the United
States to renounce their sovereignty
over the Philippine Islands
1935 Commonwealth Constitution
• Written, approved and adopted in
1934 by the Commonwealth of the
Philippines (1935-1946)
• Ratified to prepare the country for its 1973 Marcos Constitution
independence
Ferdinand Marcos declared Martial Law
• Provided for a unicameral legislature on 21 September 1972
composed of a president and vice
• Congress enacted RA No. 6132,
president elected for a six-year term
otherwise known as the Constitutional
without re-election; later changed to 4
Convention Act, for the purpose of
years with 2 terms
convening a Constitutional Convention
• Amended in 1940 to provide for a
• In the 1980 amendment, the
bicameral legislature composed of a
retirement age of the members of the
Senate and a House of Representatives
judiciary was extended to 70 years
• The creation of an independent electoral
• Promulgated after Marcos' declaration
commission
of martial law
• A controversial Constitutional
• Provided for the shift from presidential
Convention was held in 1971 to rewrite
to parliamentary system of government
the 1935 Constitution
• Legislative power was vested in a
• Removed the presidential term limit so
unicameral National Assembly whose
that Ferdinand E. Marcos could seek re-
members were elected for six-year
election for a third term
terms
• At this time, the US has lesser hold of
• The president was the head of state
the Philippines.
• Executive power was meant to be
• Similar system we have today.
exercised by the Prime Minister

1943 Japanese-Sponsored Constitution

• Recognized as legitimate and binding
1973 Marcos Constitution
only in Japanese controlled areas of the
Philippines AMENDMENTS
1976 That the President would
• Ignored by the United States
become Prime Minister and
government and the Philippine continue to exercise
Commonwealth government in-exile legislative powers until
• The constitution conformed with the such time as martial law
principles of the Greater East Asia Co- was lifted
Prosperity Sphere (Japan's attempt to
1981 That executive power was
form an economic and military bloc restored to the President;
consisting of nations within East and that direct election of the
Southeast Asia against Western President was restored
colonization and manipulation)
1984 Restored the position of
Vice-President (which did
 not exist in the original,
unamended 1973
Constitution)

1986 Freedom Constitution

• Followed the People Power Revolution
which ousted Ferdinand Marcos as
president
• Granted the President broad powers
to reorganize government and remove
officials
• Establishes the Philippines as a
"democratic and republican state"
where "sovereignty resides in the
people and all government authority
emanates from them."

1987 Constitution
• Also known as “Anti-Marcos”
Constitution
• Upholds national sovereignty
• Gives Philippines a Democratic
Governance and the b
• Secures respect for human rights and
civil liberties
• Formulated the 3 branches of
government: Executive, Legislative and
Judiciary