CONSTITUTION OF THE PHILIPPINES

THE EVOLUTION OF THE

PHILIPPINE CONSTITUTION
By:
Ian “The IT” Torres
M.A. C.h.O
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1899 CONSTITUTION
• The first republican constitution in Asia
• Also know as Malolos Constitution
• Drafted in 1898
• Promulgated on January 21, 1899
1. Influences
• Spanish Constitution of 1812
• Charters of Belgium, Mexico, Brazil, Nicaragua,
Costa Rica, and Guatemala
• French Constitution of 1793
• All have similar social, political, ethnological and governance with the
Philippines
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2. Constitutional Ideas
• Retroversion of the Sovereignty of the People
Challenged the legitimacy of the Spanish empire
Popular sovereignty
Derived from the Declaration of the Rights of Man
and Citizen of 1793
• Natural Rights and Sovereignty of the Filipino
• Separation of Church and State
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• Republican Government
 3 Branches: Legislative, Executive and Judiciary
 Separation of Powers
 Parliamentary principle
 National Assembly of Representatives
 Permanent Commission
 Malolos Republic was never internationally
recognized and Constitution was never
implemented
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1935 Constitution
1. Framing and Ratification
A. Tydings-McDuffie Law
• Philippine Independence Act
• Approved March 24, 1934
 Philippine Legislature is authorized to call for
constitutional convention
B. Constitutional Convention approved on May 5
1934
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C. Constitution was approved by convention

members on February 8, 1935
D. President Theodore Roosevelt approved the
constitution on March 23, 1945
E. Constitution was ratified by the Filipinos on
May 14, 1935
2. Limitations and Conditions
• Government must be republican in form
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• Include the bill of rights

• Must contain provisions defining the
relationship between US and Philippines
3. Sources
• US Constitution
• Malolos Constitution
• Instructions of President McKinley to the
Philippine Commission on April 4, 1900
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• Philippine Bill of July 1, 1902

• Jones Law of August 26, 1916
4. Scope
• Intended for the Commonwealth and the
Philippine Republic established after
independence is granted
5. Amendments
• Established a Bicameral legislature
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• Term for President and Vice President reduced

from 6 years to 4 years; granting 2nd term for
both
• Created a separate Commission on Election
• Parity Amendment
• Suffrage was provided to women on April 30,
1937
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1973 Constitution
The 1935 constitution reveals flaws and
inadequacies – does not meet existing
conditions
1. Framing
A. On March 16, 1967, both houses of congress
authorized the holding of constitutional
convention in 1971
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B. RA no. 6132 was approved setting elections for
delegates on November 10, 1970.
C. The rewriting of the constitution was started on
June 1, 1971
D. The constitution was signed on November 30,
1972
2. Approval by Citizen Assemblies
President Marcos declared martial law on
September 21, 1972 by issuing Proclamation 1081
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• Presidential Decree no. 86 issued on December
31, 1972 created the Citizen Assembly in each
barrio
• Presidential Decree no, 86-A issued on January
5, 1973 directed that barangays were to conduct
referendum between January 10-15, 1973.
• Do you approve of the New Constitution?
• Do you still want a plebiscite to be called to ratify the new
Constitution?
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3. Ratification by Presidential proclamation

• Proclamation no. 1102 issued on January 17,
1973 stated that majority of all the Barangays
voted for the adoption of the constitution and
that they reject the call for plebiscite.
• The proclamation certified and proclaimed
that the constitution was approved on January
17, 1973
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4. Amendments
• Making the incumbent the regular President and
regular Prime Minister
• Establishment of modified parliamentary form of
government
• Permitting natural born citizens who los their
citizenship to be transferees of private land
• Providing for urban land reform and social
housing program
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1987 Constitution
Opposition senator Benigno Aquino, Jr. was
assassinated on August 21, 1983. This event
started protests against the Marcos government
that ended with the People Power Revolution
of 1986. This event ended Marcos’ 20 year rule
as a dictator.
The widow of the senator, Corazon Aquino,
became the first Filipina to become President.
KRIS AQUINO BECAME AN ACTRESS
• AMONG THE NEGATIVE EFFECTS OF THE
AQUINO GOVERNMENT THIS IS THE WORST
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1. Framing and Ratification

A. Proclamation no. 3 issued on March 25, 1986
promulgated a provisional constitution or
“Freedom Constitution” following the installation
of a revolutionary government
B. The 1987 constitution was drafted by a
Constitutional Commission created by
Proclamation no. 9 promulgated on April 23. 1986
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• Under the proclamation the ConCom shall be
composed of not more than 50 national, regional,
and sectoral representatives who shall be
appointed by the President
• The ConCom convened on June 2, 1986 with the
Malolos constitution, the 1935 constitution, and
the 1973 constitution as working drafts in addition
to committee discussions, public hearings, plenary
sessions and public consultations
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• The proposed new Constitution was approved

by the ConCom on October 12, 1986
• It was ratified by the people in the plebiscite
held on February 2, 1987
• It superseded the Provisional Constitution
which had abrogated the 1973 charter
 THANK YOU!!!

HAVE A GREAT DAY!!!