Learning Targets:

1. Explain the importance of a

constitution in a nation.
2.Trace the development of the
Philippine Constitution throughout the
country’s history.
3.Discuss the significant features and
provisions incorporated in the seven
Philippine Constitutions.
A constitution serves as the foundational legal document of
a nation or state, establishing its character and fundamental
principles of governance. It codifies the system of
government and delineates the fundamental rules by which
the organization operates. It ensures clarity regarding
individual rights and imposes constraints on government
authority. Described as "the highest expression of the law,"
a constitution embodies the fundamental values and
principles upon which a society is built and governed.

• Constitutions are crafted by constitutional
conventions, tasked with framing new
constitutions, revising existing ones, or
proposing amendments. Following drafting,
the constitution or its revisions undergo a
plebiscite for public ratification. Unlike
referendums where laws are directly voted
on, plebiscites determine the constitution's
acceptance as law, with governmental
adherence to the outcome.
• A history of the Philippine Constitution- At
least seven Philippine Constitutions were
framed in our history
.
• The Biak -na-Bato Republic Constitution (1897)
-emerged during the Philippine Revolution's critical phase. As General
Emilio Aguinaldo's forces retreated to Biak -na-Bato in Bulacan, a truce
was negotiated with the Spanish, prompting the need for a recognized
government. A constitutional assembly convened, drafting a constitution
heavily influenced by the Cuban model. Promulgated on November 1,
1897, it articulated revolutionary goals, established a Supreme Council
with broad powers, and enshrined fundamental rights. Despite its brief
existence of two years, it represented a significant milestone in the
quest for Philippine independence. emerged during the Philippine
Revolution's critical phase. As General Emilio Aguinaldo's forces
retreated to Biak -na-Bato in Bulacan, a truce was negotiated with the
Spanish, prompting the need for a recognized government. A
constitutional assembly convened, drafting a constitution heavily
influenced by the Cuban model. Promulgated on November 1, 1897, it
articulated revolutionary goals, established a Supreme Council with
broad powers, and enshrined fundamental rights. Despite its brief
existence of two years, it represented a significant milestone in the
quest for Philippine independence.
 The Malolos Constitution was the first republican constitution in Asia. Its
• After the Spanish-American War in 1898, Filipinos embarked on
main featureswere as follows:
establishing their independent nation. On June 12 of the same year,
Philippine independence was proclaimed, leading to the convening
1. It was based on democratic traditions in which the government formed
of a Congress in Malolos, Bulacan, two weeks later. The Malolos
was “popular, representative and responsible” with three distinct
Congress, inaugurated at Barasoain Church on September 15, 1898,
branches – the executive, the legislative, and the judicial.
aimed to create a government recognized by foreign powers.
Despite initial plans for a purely advisory body, led by Apolinario
2. It called for a presidential form of government with the president elected
Mabini, delegate Pedro Paterno advocated for a constitution,
for a term of four years by a majority of the Assembly convened as a
ultimately prevailing in the decision-making process.
constituent assembly;
• The drafting of the constitution began in October, inspired by
3. It recognized the freedom of religion and the separation of the Church
various global models. Discussions centered on contentious issues
and State;
like the separation of Church and State, eventually resulting in the
approval of the constitution by the Malolos Congress on November
4. It emphasized and safeguarded the basic civil rights of not only Filipinos
29, 1898. However, disagreements persisted, particularly regarding
but foreigners, through a Bill of Rights (Articles XIX to XXIII).
the structure of government. Mabini's advocacy for a popular
government, where legislative bodies held supreme power, delayed
The approval of the Constitution and the creation of the Republic did not
the constitution's approval until January 21, when President
end the strife between the Congress and Mabini. Mabini was eventually
Aguinaldo finally ratified it.
replaced as president of the Cabinet several months later.
• The first Philippine Republic, inaugurated on
July 23, 1899, saw Emilio Aguinaldo taking his
• During American rule, Filipinos gradually gained
oath as the inaugural president at Barasoain
Church. Operating under the Malolos
Constitution, it symbolized the country's initial
foray into democratic governance, overseeing
a range of functions including social services,
education, military affairs, monetary policy,
and diplomacy. Despite its promising start, the
republic's existence was cut short by the onset
of the Philippine-American War in February
1899. Aguinaldo's capture in March 1901
marked the end of the republic, paving the
way for the establishment of American
colonial rule and the subsequent formation of
the first civil government in the islands in July
1901.
The 1935 Constitution and the Commonwealth Government
governance roles, leading to the establishment of the
Philippine Assembly in 1907. Governor-General Francis
Burton Harrison initiated the Filipinization policy, replacing
Americans with Filipinos in government positions. The
Jones Law of 1916 granted Filipinos control over domestic
affairs through an all-Filipino legislature. Despite this
progress, Filipinos persisted in seeking independence,
leading to several missions to the US. The Tydings-
McDuffie Law of 1934 established a 10-year transitional
government, known as the Commonwealth Government.
The drafting of the 1935 Constitution followed, culminating
in its ratification, marking the establishment of the
Commonwealth of the Philippines. This constitution
outlined government structure, established civil service,
granted women's suffrage, and created the Philippine
Armed Forces. It demonstrated Filipino capability for self-
governance and set the stage for independence a decade
later.
• During the Second World War and Japanese
Occupation, the Philippine Commonwealth • In 1981, amendments were made to the
1973 Constitution and the President was
Government was disrupted. The Japanese offered
restored from a symbolic head of state to its
independence to the Philippines, leading to the
original status as the head of state and chief
creation of the 1943 Constitution, establishing the executive of the country. The amended
Second Philippine Republic under Jose P. Laurel. Constitution also granted the President
However, this constitution was only recognized in several powers
and functions which were originally vested in
Japanese-controlled areas and was abolished after the
the Prime Minister and the Cabinet.
war. In 1971, a Constitutional Convention was held to The 1973 Constitution remained in force until
draft a new constitution under Ferdinand Marcos. Amid the February 22-25 EDSA People Power
controversies and protests, martial law was declared in Revolution of 1986 which toppled the Marcos
administration. It was abolished with the
1972, and the 1973 Constitution was ratified,
adoption
establishing a parliamentary system with the President
of the 1986 Freedom Constitution by the
as a symbolic head and the Prime Minister as head of administration of President Corazon Aquino.
government.
On March 24, 1986, President Aquino issued Proclamation No. 3, titled "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
Transition to a Government under New Constitution." This proclamation established
the "Freedom Constitution," which served as a provisional constitution,
superseding the 1973 Constitution. It recognized the Aquino administration as a
temporary revolutionary government until a new constitution could be drafted. The
Freedom Constitution retained some provisions from the 1973 Constitution,
particularly the Bill of Rights. It empowered the President to exercise legislative
authority until a new legislature could be established. Additionally, the President
was given authority to appoint members of a Constitutional Commission tasked
with drafting a new constitution that reflected the aspirations of the Filipino
people.
President Aquino, following Sec. 1, Article 5 of the Freedom Constitution, issued
Proclamation No. 9 on April 23, 1986, establishing a Constitutional Commission
(CONCOM) tasked with drafting a new constitution by September 2, 1986. On May
26, 1986, she appointed 50 CONCOM members representing various sectors. Led by
former Justice Cecilia Muñoz Palma, CONCOM commenced sessions on June 2,
1986, completing its task on October 12. The draft constitution was presented to
President Aquino on October 15. After a nationwide information campaign, a
plebiscite on February 2, 1987, saw overwhelming ratification with 17,059,495 votes
in favor and 5,058,714 against. On February 11, 1987, the New Constitution was
proclaimed ratified, and President Aquino, government officials, and the military
pledged allegiance to it.
The 1987 Constitution consists of 18 articles with a preamble. Among its significant
provisions are as follows:
1. A presidential system of government restores the bicameral Congress of the
Philippines, composed of a Senate and a House of Representatives.
2. A modified Bill of Rights (Article III) details the rights of every Filipino citizen. Much
emphasis was placed on the writing of this provision after the violations committed
during the Marcos dictatorship. In addition, the constitution includes the abolition of
death penalty, except when Congress provides otherwise with regard to “heinous
crimes.”
3. The creation of a Commission on Human Rights which, under Section 18, Article XIII,
is tasked to investigate all form of human rights violations involving civil and political
rights. It provides appropriate legal measures for the protection of human rights of all
persons within the Philippines, and several other powers in relation to the protection
of human rights.
4. The recognition of an Autonomous Region of Muslim Mindanao and the Cordilleras.
5. Limited political autonomy for local government units like the provinces, cities,
municipalities and barangays and instructing the Congress to establish a Local
Government Code.
Preamble
Article I: National Territory
Article II: Declaration of Principles Article X: Local Government
and State Policies Article XI: Accountability of Public Officers

Article III: Bill of Rights Article XII: National Economy and Patrimony
Article XIII: Social Justice and Human Rights
Article IV: Citizenship
Article XIV: Education, Science and
Article V: Suffrage
Technology, Arts, Culture, and Sports
Article VI: Legislative Department
Article XV: The Family
Article VII: Executive Department
Article XVI: General Provisions
Article VIII: Judicial Department
Article XVII: Amendments or Revisions
Article XI: Constitutional
Article XVIII: Transitory Provisions
Commissions
 The Philippine government is administered by a presidential system of government with
a bicameral legislature and an independent judiciary. It has three branches of government:
1. The Executive headed by the president and Cabinet
2. The legislative composed of a Senate headed by the Senate President and the House
of Representatives headed by the Speaker of the House.
3. The Judiciary composed of the Supreme Court headed by the Chief Justice, and the
lower courts.

The House of Representatives is composed of the Congressmen/women (officially called

Representatives) elected to a three-year term and can be re-elected, but cannot serve more than
three consecutive terms. Sectoral representatives are members of party -list organizations who
can give “voice” to significant minorities of society that may not be adequately represented
through geographical district.
The Senate is composed of 24 senators who are elected and serve for six -year terms with
half the senators elected every three years.
The Supreme Court is the Philippines’ highest judicial court, as well as the court of last
resort. The court consists of 14 associate justices and a chief justice.
The Philippine government is administered by a presidential system of government
with
a bicameral legislature and an independent judiciary. It has three branches of
government:
1. The Executive headed by the president and Cabinet
2. The legislative composed of a Senate headed by the Senate President and the
House
of Representatives headed by the Speaker of the House.
3. The Judiciary composed of the Supreme Court headed by the Chief Justice, and
the
lower courts.

The House of Representatives is composed of the Congressmen/women (officially called

Representatives) elected to a three-year term and can be re-elected, but cannot serve
more than three consecutive terms.

Sectoral representatives are members of party-list organizations who can give “voice” to
significant minorities of society that may not be adequately represented through
geographical district.

The Senate is composed of 24 senators who are elected and serve for six-year terms with
half the senators elected every three years.

The Supreme Court is the Philippines’ highest judicial court, as well as the court of last
resort. The court consists of 14 associate justices and a chief justice.
The evolution of Philippine constitutions delineates the nation's journey toward
autonomy amid formidable historical contexts. From the foundational Biak-na-
Bato Republic Constitution to the transformative 1987 Constitution, each iteration
represents a significant juncture in Philippine history, shaping governance
structures and codifying fundamental rights. Despite challenges like foreign
occupation and authoritarian regimes, these constitutions embody the Filipino
people's resilience and determination for self-governance, democracy, and the
protection of civil liberties. Each constitution reflects the evolving aspirations of
the nation, reaffirming the commitment to democratic principles, justice, and
equality in the pursuit of a more inclusive and prosperous society.