CHAPTER 9

THE CONSTITUTION OF THE

PHILIPPINES
“The Constitution is a document that should only be
amended with great caution”
 Constitution is like a social
contract between the ruler
and the ruled.
 MALOLOS CONSTITUTION

“Laws limiting the power of Governor General, extending Filipino

individual liberties through recognition in the Spanish Constitution,
granting Filipino representation in the Spanish Cortes, and establishing a
system of the competitive examinations for civil servant of colonial
government”
 Malolos Constitution
also known as Political Constitution 1899
First Philippine Republic

- Felipe Calderon “Father of the Malolos Constitution”

- Barasoain Church in Malolos, Bulacan
- Congress: 64 members
40 Lawyers
16 Physicians
5 Pharmacists
2 Engineers
1 Priest
 Power of Government

Judicial
Legislative Executive
branches
EARLY DEATH OF MALOLOS REPUBLIC
CAUSES:
• The military inferiority of the Filipino and with no foreign
assistance discipline and was no match to the Americans
• The Americans were well – equipped with superior
armaments, military discipline and strategy
• By the time the Filipino – American war broke out were
already exhausted after several year of fighting with the
Spaniards.
 Person Position Positions held under the U.S.
colonial Administration

Dr. T.H. Pardo de Tavera Member of Foreign Department in Member of Philippine Commission
Aguinaldo’s First Cabinet under Taft

Cayetano Arellano Member of Foreign Department in Chief Justice of the Philippine

Aguinaldo’s First Cabinet Supreme Court

Don Gregorio Araneta Secretary of Justice in the Malolos Associate Justice of the Supreme
Government Court, later Attorney-General,
1’908 Commissioner and Secretary
of Finance and Justice

Don Benito Legarda Official in the Department of Member of Taft Commission later a
Revenue Resident Commissioner in
Washington

Florentino Torres A Commissioner in Aguinaldo’s Judge appointed by General Otis,

Peace Commission before the and a founder of the Federelista
outbreak of Hostilities Party
1935 CONSTITUTION
After the end of Filipino resistance, American initially implemented rule to pacify Filipinos
and eventually the restoration of civil government with William H. Taft as the first civil
governor in the Philippines.

Organized Central & Local Government Through:

• Establishment of Public Schools;
• Creation of Judiciary Department;
• Implementation of Filipinization policy;
• And placing of all municipal officers in hands of popularly elected Filipinos
• The ratification of the Philippine Bill of 1902, which called for the creation of a lower
legislative branch composed of elected Filipino legislators, and the Jones Law in August
1916 gave the Filipinos the opportunity to govern themselves better.
• Political Parties
US Congress granted Jones Law or Philippines Autonomy Act of
1916 for setting up all Filipino Legislatives:
• Senate in six years
• House of Representatives for three years

Some Filipinos elected as Resident Commissioner in US Congress;

• Manuel as Senate President, and;
• Sergio Osmeña as Speaker of the House
1935 Constitution
-accordance with Tydings Mcduffie Act of 1934

The draft of 1935 Constitution was finished in February 8, 1935

and was inaguarated in November 15, 1935.

A year later, President Manuel L. Quezon issued Proclamation No

36 s. 1936 declaring February 8 as Constitution Day
 HISTORICAL DEVELOPMENT OF 1935
CONSTITUTION
• After the end of Filipino resistance the American
initially implemented military rule to pacify the
Filipinos and eventually restoration of civilian
government in the Philippines.
• American establishes Public school, Judiciary
department
• Political parties and the Philippine Bill of 1902
 THE 1973 CONSTITUTION
• On March 16,1967 passed a resolution of both houses No. 2
authorizing the holding of a constitutional convention in
1971 shifting presidential the parliamentary form of
government. In revising the 1935 constitution.
• On August 24, 1970, Republic Act. No. 6132 approved
November 10, 1970 for a constitutional convention
composed of 320 delegates were President Marcos issued
proclamation No. 10 placing the entire country under
martial law.
• 1965 to 1969 his first term then the second term from 1969 to
his declaration of martial law in 1972 and dictatorship from
1972 until his downfall in 1986
THE 1987 CONSTITUTION
- The people exercised their right to rebel and rose in a
peaceful rebellion in 1986 as it is formally called People Power
now, rejected not only the Marcos dictatorship but also the
replacement of the 1973 constitution.
- President Corazon Aquino declared revolutionary
government and mandated the drafting of a new constitution
was ratified in a plebiscite in February 1987.
 BASIC PRINCIPLES UNDERLYING THE NEW
CONSTITUTION
• Recognition of the aid of Almighty God
• Sovereignty of the people
• Renunciation of war as an instrument of national policy
• Supremacy of civilian authority over the military
• Separation of church and state
• Recognition of the importance of the family as a basic social institution and the vital
role of the youth in nation
• Guarantee of human rights
• Government through suffrage
• Separation of powers
• Independence of the judiciary
• Guarantee of local autonomy
• High sense of public service morality and accountability of public officers
• Nationalization of natural resources and certain private enterprises affected with the
public interests
• Non-suability of the State
• Government of laws and not of men