Law- Related Studies

Lesson 4: NOTES ON THE CONSTITUTIONS IN PHILIPPINE HISTORY

A. The Katipunan
o Katipunan: A secret Society Aimed to make the Philippines separate from the Spanish
Monarchy and to become an Independent nation
o Magdiwang (Andres Bonifacio’s Faction)/ Magdalo (Emilio Aguinaldo’s Faction)
 Tejeros Convention: March 22, 1897
o Outcome: To dissolve the Katipunan and establish a revolutionary government
o The first election happened: Aguinaldo won, Bonifacio established his own government
o Treason: When a Filipino citizen levies war against the government or adheres to her
enemies by giving them comfort within the Philippines or elsewhere
o Bonficacio was arrested and was sentenced to death in Maragondon, Cavite
o Spanish forces continued to pursue Aguinaldo- caused his retreat to the mountains of
Biak-na-Bato in Bulacan
o November 1, 1897, convened a citizens assembly to draft a provisional constitution and
establish a new government

B. The Biak-na-Bato Constitution

o General Emilio Aguinaldo (1897) , Felix Ferrer, Isabelo Artacho
o Known as the Biak-na-Bato Constitution / “Constitucion Provisional de la Republica de
Filipinas”
o which created the Biak-na -Bato Republic on November 1, 1897 in San Miguel de
Mayumo in Bulacan
o Lasted until the republic was dissolved on December 15, 1897
o Aguinaldo entered into a negotiation with Spain
o Pact of Biak-na-Bato: to end the revolution, surrender arms in exchange of monetary
indemnities and pardons
o Aguinaldo was exiled to HongKong (Dec. 1897), established a junta to continue the
revolution
 April 21, 1898: U.S declared war against Spain
o The HK junta returned (May 1898)
o June 12, 1898: Aguinaldo declared independence
o September 15, 1898: convened to draft a constitution in Malolos

C. The Malolos Constitution (1899)

o First formal Philippine Constitution which had a significant impact on the creation
of the Philippine state
o established the revolutionary government of General Emilio Aguinaldo in 1899
o This constitution was created by a revolutionary Congress by virtue of
presidential proclamations of Emilio Aguinaldo who declared himself as the new
president of the First Philippine Republic
 Law- Related Studies
Lesson 4: NOTES ON THE CONSTITUTIONS IN PHILIPPINE HISTORY

o It made the Philippines as the first democratic country in Asia and the West
Pacific.
o Executive: headed by a president/ Legislature: headed by a Prime Minister and
representatives from different provinces/ Judiciary: headed by President of
Supreme Court
o The Philippines was ceded to the US by Spain through the Treaty of peace (Paris)
on December 10, 1898
o Aguinaldo was captured during the Spanish-American War in 1901
o The Philippines was annexed to the US so the constitution ceased to operate when
the American military rule was established in April 14, 1898
o Organic Law: the body of laws that form the the foundation of a government
- Examples: Constitution, R.A 11054 (Bangsamoro Organic Law)
D. The Philippine Organic Act of 1902/ Philippine Bill of 1902/ Cooper Act
o Created the Philippine Commission by the US Congress to exercise government
powers
o Created the office of Governor (William Taft) and Vice-Governor of the Philippine
Islands
o All laws passed by the Philippine Commission shall have an a clause: “ By authority of
the United States, be it enacted by the Philippine Commission.”
o Sect 5 of the said law: guarantees Bill of Rights
o The Commission shall do a Census of inhabitants- president is satisfied, after 2 years, will
hold an election – to a Philippine Assembly- creation of 2 houses of Legislature
(Philippine Commission and Philippine Assembly)
o During the American Military and Civil rule, they were making steps to prepare the
Philippines to enact a new constitution and gain independence

E. The Jones Law of 1916 / The Philippine Autonomy Act of 1916

- Sentence 2: Whereas it is, as it has always been, the purpose of the people of
the United Staes to withdraw their sovereignty over the Philippine Isalnds and
to recognize their independce as soon as a stable government can be
established therein”

-
Law- Related Studies
Lesson 4: NOTES ON THE CONSTITUTIONS IN PHILIPPINE HISTORY

F. The Tydings McDuffie Law ( The Philippine Independence Act 1934)

o When the American Congress passed the Tydings Mc-Duffie Law on March 24, 1934, it
provided a 10-year transition for the Philippine Commonwealth to operate
o The expiration of the said operation would be on July 4, 1946, and the Philippines would
be granted its independence
o It also authorized the calling of a Constitutional Convention by the Philippine legislature
at that time for a new constitution
o March 23, 1935, president Roosevelt approved the draft and was submitted for approval
by the people .
o With a vote of 1,213,046 in favor and 44, 963 against, the 1935 Constitution was
ratified overwhelmingly.

G. 1935 Constitution
o It was heavily influenced by the US constitution
o Bicameral legislature (Senate and H.R)
o Pres and VP (4-year term with re-election)
o Government : Presidential Republican: President as head of the state and government
o Praised for its Brevity and clarity but criticized for being pro-American
o One of its provisions : Parity Amendment: allowed Americans equal rights in the
exploitation of Philippine natural resources and the operation of public utilities
o Then Marcos became president on December 30, 1965- re-elected in 1969 and
maneuvered the 1971 constitutional convention so he could continue in office
o He declared Martial Law via Proc.1081 because of the increasing number of
demonstration
H. The 1973 Constitution
o Viva Voce Plebiscite (show of hands) was the method of its ratification
o They arranged “citizen’s assemblies” of groups of people in various barangays
(voting age reduced to 15 years ) to ratify by show of hands
o Was said that mayors were given quotas for “yes” votes and “no” votes were
not recorded
o Stick and Carrot approach for Supreme court to manipulate them in upholding
martial law and the new constitution
o The SC was to declare it null and void but the court was cut off, CJ Roberto Conception
resigned 50 days before his scheduled retirement date, he argued re validity of the new
constitution
Law- Related Studies
Lesson 4: NOTES ON THE CONSTITUTIONS IN PHILIPPINE HISTORY
o This constitution was amended 4 times (1976, 1980, 1981, 1984) making it way different
from its original form in 1973 (38 amendments in 13 years) making it the most amended
constitution in the world, accordingly. Examples of controversial amendments are:
o the introduction of a parliamentary form of government following the French
type constitution , Marcos became the president and Finance Minister Cesar
Virata as PM
o Amendment 6, gave the president law-making powers , enabled him to issue
PDs outside congress (giving Pres, very strong executive and legislative powers)
o Allegedly, to cling to power he meant to extend his term and accumulate wealth
o Aquino was assassinated, Marcos called for a snap election in 1986, Cory
Aquino took the challenge
o Because of the massive manipulation of election results , people became
restless
o This was aggravated by the withdrawal of support for the president by FVR, JPE
(defense sec), Reformed Armed Forces Movement --- Marcos had them
arrested, but to prevent arrest and prevent a bloody revolution, here comes
Jaime Cardinal Sin , who on the Radio Veritas, called on the people to go and
March on EDSA with prayers and rosaries-----thus, the PPR 1
o The Marcoses flee to Hawaii thru an asylum then Cory Aquino was installed the
President
I. 1987 Constitution
o After EDSA Revolution, the 1973 constitution ceased to operate
o Aquino declared a Revolutionary Government thru a transitory government
o Freedom Constitution of 1986 :
- Presidential Proclamation No.3, 1986
- The president could make laws until a Congress is convened under a new
constitution
o Because she wanted to expedite the restoration of democracy and give up her vast
power as a revolutionary leader
- Appointed a Constitutional Commission
 50 people to draft the new constitution
 133 days , vote of 42-2, the commission approved it
 Plebiscite was done to ratify it on February 2, 1987 and proclaimed in
force February 11, 1987.

References and further readings:

officialgazette.gov.ph/constitutions/

https://www.officialgazette.gov.ph/featured/the-fall-of-the-dictatorship/

https://opinion.inquirer.net/72834/our-only-republic
Law- Related Studies
Lesson 4: NOTES ON THE CONSTITUTIONS IN PHILIPPINE HISTORY
https://nhcp.gov.ph/andres-bonifacio-and-the-katipunan/