The Philippine Constitution

Meaning and Importance of Constitution

Constitution
A vast majority of contemporary constitutions describe:

 the basic principles of the state,

 the structures and processes of government,
 and the fundamental rights of the citizens in a higher law that cannot be unilaterally
changed by an ordinary legislative act
 Generally, this higher law is referred to as constitution.

A constitution is a set of fundamental legal-political rules that:

1. are binding on everyone in the state, including ordinary law-making institutions;

2. are concerned with the structure and operation of the institutions of government,
political principles, and citizen rights;
3. are based on widespread public legitimacy;
4. are more challenging to change than ordinary laws (e.g., a two-thirds majority
vote or a referendum is needed); and
5. meets the internationally recognized criteria for a democratic system in terms of
representation and human rights at the minimum.

“Reasons why the constitution is important:

These points will help answer why the constitution is important.

The constitution is an embodiment-

 Constitution is a written instrument that serves as the embodiment of the rules of a

political or social organization.
The constitution forms the basic structure of any government-

 its people and the governmental bodies will be governed and when foreign interactions
in the personal affairs by international organizations exist. The executive, the
legislature, and the judiciary are the main branches of the government that the
constitution has established.
The constitution governs the power distribution-

 The constitution defines the powers of each branch and lets everyone related to a
country know the powers that the governmental and legal bodies have.
 The constitution regulates the relationship between the government and the people in
such a manner that no one part can miss treating the power in any way possible.
Apex body-

 A constitution is superior to all the laws of the country, which indicates that any law or
provision that is circulated in the nation is passed down by the constitution itself.
Goals of a country –

 The constitution lays down the national goals of any country; by nation goals, we refer to
any aspiring objective that a country has.
Basic rights –

 The constitution of a country guarantees several rights and provisions for any individual
or group of people, on behalf of which they can ensure their well-being and dignity.
Power transfer at the time of national emergency-

 the constitution is an extremely important document for a country because it controls the
transfer of power at the time of national emergencies.

Evolution of the Philippine Constitution

The five constitutions in the Philippines started with the country’s independence
in 1898:

 The 1899 Malolos Constitution (1899–1901)

 The 1935 Constitution (1935–1943, 1945–1973)
 The 1943 Constitution (1943–1945)
 The 1973 Constitution (1973–1986)
 The 1987 Constitution (1987–present)

Constitutions in The Philippines

 Malolos Constitution (1899)
 1935 Commonwealth Constitution
 1943 Constitution
 1973 Philippine Constitution
 1986 Constitution (Freedom Constitution)
 1987 Philippine Constitution
 The 1899 Malolos Constitution (1899–1901)

For the first time, representatives of the Filipino people produced the constitution, which was
also Asia’s first republican constitution, led by Felipe Calderon and assisted by Cayetano
Arellano
The first Philippine Republic was founded in Malolos, Bulacan, on January 21, 1899. After
being elected president, Emilio Aguinaldo took the oath of office. The reading of the constitution,
article by article, was followed by a military parade.
The First Philippine Republic Constitution

 It was formed a democratic,

 Republican government with three branches, namely the executive, legislative,
and judicial branches,
 The separation of church and state.
 The president of the republic was to execute executive powers with the support
of his cabinet.
 Legislation has given the Supreme Court and numerous lesser courts judicial
authority.
 The Supreme Court’s Chief Justice was to be chosen by the legislature, with the
president and his cabinet’s approval.

The 1935 Constitution (1935–1943, 1945–1973)

(Ratified it on March 25, 1935, in Washington, D.C)
Quezon finally brought in the Tydings-McDuffie Act (Public Law 73-127), a significantly
altered version of the Hare-Hawes-Cutting Bill approved by President Franklin D. Roosevelt on
March 24, 1934, drafted by Senator Millard Tydings and Rep. John McDuffie.
One of the most important features of the Tydings-McDuffie Act was the establishment of a
constitutional committee to draft the nation’s fundamental legislation based on the American
model. The convention’s delegates were then elected in 1934. Claro M. Recto was
unanimously elected president of the House of Representatives at the session’s first meeting on
July 30.
The 1935 Constitution Established

 bicameral legislature consisting of the Senate and House of Representatives,

 the president and vice president are to be elected to four-year terms without the
possibility of re-election,
  male citizens of the Philippines who are 21 years of age or older and can read
and write have the right to vote, and the right to vote is to be extended.

 The 1973 Constitution (1973–1986)

The legality of the 1973 Philippine Constitution, which President Ferdinand E. Marcos’
government governs under, has been questioned by 130 of the 311 members of the
committee that produced it.

The challenge came only a week before the country was to hold a national
referendum on proposed constitutional revisions that would establish a strong president
with a six-year tenure and no term limits.

The 1973 Constitution Established

 Parliamentary
 Establish A Strong President with A Six-Year Tenure and No Term Limits
 Prime Minister and run for the new post of chief of state.
 Unicameral

1986 Constitution (Freedom Constitution)

President Corazon Aquino in April 1986 created the 1986 Constitutional Commission
(ConCom), which drafted a replacement for the 1973 Constitution, through Proclamation
No. 9.

‘The new constitution,’ she said, ‘should be truly reflective of the aspirations and
ideals of the Filipino people.’

Bishop Teodoro Bacani, former Supreme Court Chief Justice Roberto Concepcion,
former Labor Minister (and later Senator and Foreign Affairs Secretary) Blas Ople,
Ateneo De Manila University President Father Joaquin Bernas SJ, and University of the
Philippines Student Council Chairperson (now Connie) were among the 48 members of
the 1986 ConCom.
 The 1987 Constitution (1987–present)
(Ratified it on February 2,1987)

President Corazon C. Aquino declared February 2nd of each year as Constitution Day,
in accordance with Proclamation No. 211 of 1988, to commemorate the new 1987
Constitution.

According to former Aquino spokesman Teodoro Locsin Jr., the 1973 Constitution
was never adopted because then-President Ferdinand Marcos Jr.’s procedure was
faced with tremendous opposition.

The commission’s first meeting was conducted on June 2, 1986, when Cecilia Muoz-
Palma, the first woman to be nominated to the Supreme Court in 1973, was elected
president.

According to accounts, the members of the ConCom engaged in heated debates during
various sessions on many issues, including death penalty, economic policies, land
reform, form of government, and even the retention of the American military bases in
Clark and Subic.

According to Palma, the ConCom was able to complete its work in about 111 days.
The proposed constitution was passed on October 12, 1986, with 44 delegates voting in
favor and two voting against and was delivered to Aquino three days later.

In Terms of the Law of the Land, The Aquino Administration Had Three Options:

 to revert to the 1935 Constitution but they had to resort to general elections
because Marcos abolished the bicameral legislature;
 should keep the 1973 Constitution and be given the authority to amend it “She
did not want to acquire legitimacy and authority from the very institutions that she
fought,” Aquino said;” and
 to start anew and break from the ‘vestiges of a disgraced dictatorship.’