EVOLUTIO

N OF THE
PHILIPPINE
CONSTITU
TION
 CONSTITUTION
• Defined as a set of fundamental principles or
established precedents according to which a
state or other organization is governed, thus, the
word itself mean to be a part of a whole, the
coming together of distinct entities into one
group, with the same principles and ideals.
 1897 CONSTITUTION (BIAK-NA-BATO
CONSTITUTION

• Promulgated by the Philippine Revolutionary

Government
• November 1, 1897
• Borrowed from Cuba
• Written by Isabelo Artacho and Felix Ferrer
• Written in Spanish then later it was translated from
Tagalog.
 BRANCHES OF GOVERNMENT
4 department secretaries
1. Interior
Head 2. Foreign affairs
1. Supreme Council 3. Treasury
(President)
4. war

2. Consejo Supremo 1. The authority to make decision and

de Gracia Y Justicia affirm or disapproved sentence by other
( Supreme Council courts
of Grace and justice 2. Dictates rules for administrative justice

3. Asemblea
Representantes 1. To create new constitution
(Assembly of 2. To new elect new council or representative
Representatives) of people
The Constitution of Biak-na-Bato
was never fully implemented, since
the Pact of Biak-na-Bato, was
signed between the Spanish and the
Philippine Revolution Army.
 1899 CONSTITUTION: (MALOLOS
CONSTITUTION)

• After signing the truce, the Filipinos revolutionary leaders accepted a payment
from Spain and went to exile in Hong Kong
• Mock Battle in Manila Bay: Spaniards were defeated by the Americans
• Declaration of Philippine Independence by Emilio Aguinaldo ( June 12, 1898)
• The First Philippine Republic was formed
• The Malolos Congress was elected
• September 17, 1898- draft of constitution was made
• November 1898- Approved by the congress
• January 21, 1899- Promulgated by Aguinaldo
 1899 CONSTITUTION: (MALOLOS
CONSTITUTION)

• The Political Constitution of 1899 (Written in Spanish)

• 39 Articles divided into 14 titles with 8 articles of transitory provisions.
• Patterned from after Spanish constitution of 1812.
• Felipe Calderon author of the constitution
• Other influences of Malolos Constitution are from the charter of BELGIUM,
MEXICO, BRAIL, NICARAGUA, COSTA RICA, AND GUATEMALA, AND
FRENCH CONSTITUTIONOF 1793.
• Other influences of Malolos constitution (Philippines)- KARTILYA and
SANGGUNIAN HUKUMAN, BIAK NA BATO CONSTITUTION, MABINI’S
CONSTITUTIONAL PROGRAM OF THE PHILIPPINE REPUBLIC OF1898
 1899 CONSTITUTION: (MALOLOS
CONSTITUTION)

• Title IV- natural rights and popular sovereignty of Filipinos

• Title III, Article V- declares that the State recognizes the freedom
and equality of all beliefs, as well as the separation of the Church
and State
• Title II, Article IV- The form of government (the three distinct
powers)
• Legislative
• Executive
• Judicial
 1899 CONSTITUTION: (MALOLOS
CONSTITUTION)

• LEGISLATIVE
• Unicameral body (Assembly of Representative)
• Members were elected in four years
• Secretaries of the government were given seat in the assembly
• Bills were introduced by member of legislative or by the president
• They are given rights to select their own officers
• Right of impeaching the president, cabinet members, chief justice of
supreme court and solicitor-general
 1899 CONSTITUTION: (MALOLOS
CONSTITUTION)

• Executive
• Vested in the president
• Elected by constituent assembly (assembly of the
representative)
• Four years term without re-election
• No vice president
• In case of vacancy, a president was to be selected by the
constituent assembly.
 1899 CONSTITUTION: (MALOLOS
CONSTITUTION)

The 1899 Malolos Constitution was never

enforced due to the ongoing war. The
Philippinew was effectively a territory of the
United Sates upon signing the TREATY OF
PARIS between Spain and the United States,
transferring sovereignty of the Philippines on 10
December 1898.
1935 CONSTITUTION: (COMMONWEALTH
CONSTITUTION)

• Philippine was subject to United States Of

America
• It was placed from Military to Civil
government
• Two Act of the United States Congress were
passed that may be considered to have
qualities of constitutionality.
 1935 CONSTITUTION:
(COMMONWEALTHCONSTITUTION)

1. Philippine Organic Act of 1902

a. The first organic law for the Philippines Island
b. It provide the creation of the a popularly
elected Philippine Assembly.
c. Legislative power would be vested in
bicameral legislature (upper house & lower
house)
 1935 CONSTITUTION:
(COMMONWEALTHCONSTITUTION)

d. Key provisions
 Bill of rights
Appointment of two non-voting Filipino
Resident Commissioner of the Philippines
( Representative to US congress)
 1935 CONSTITUTION:
(COMMONWEALTHCONSTITUTION)

2. Philippine Autonomy Act of 1916 (Jones Law)

a. Removal of Philippine Commission (replacing by
Senate)
b. It was an act that declare the the purpose of the
United States o end their sovereignty over the
Philippines
c. It recognize Philippine independence as son as a
stable government can be established.
 1935 CONSTITUTION:
(COMMONWEALTHCONSTITUTION)

3. Hare-Hawes-Cutting Act of 1932

a. It is the promise of granting Filipinos
independence
b. Led by Sergio Osmena and Manuel Roxas
(Filipino Independence Mission)
c. Rejected by Senate President Manuel L. Quezon
 1935 CONSTITUTION:
(COMMONWEALTHCONSTITUTION)

4. Tydings-Mcduffie Act of 1934

a. Also known as the Philippine Independence Act
b. It provide authority and defined mechanisms for
the establishment of a formal constitution by a
constitutional convention.
c. First meeting was held on July 30, 1924
d. Claro M. Recto was unanimously elected as a
president
1935 CONSTITUTION: (COMMONWEALTH
CONSTITUTION)

 The constitution created the Commonwealth of the

Philippines from 1935-1946
It is a transitional administration to prepare the
country towards its full achievement of
independence.
It was originally provided for a unicameral National
Assembly
1935 CONSTITUTION: (COMMONWEALTH
CONSTITUTION)

President and Vice President- 6 year term without

re-lection
Amended in 1940
 Bicameral Congress (Senate and House of
representative)
 President and Vice President- 4 years with one re-
election
 Right to vote for women
1935 CONSTITUTION: (COMMONWEALTH
CONSTITUTION)

Influences of the Constitution

American
Malolos Constitution
German
Spanish
Mexican Constitution
South American countries
Unwritten English Constitution
1935 CONSTITUTION: (COMMONWEALTH
CONSTITUTION)

February 8, 1935- The draft of the

constitution was approved by the
constitutional convention
March 25, 1935- Ratified by the U.S
President Franklin B. Roosevelt
September 1935- Manuel L. Quezon was
elected as President of the Commonwealth
1935 CONSTITUTION: (COMMONWEALTH
CONSTITUTION)

The commonwealth was briefly

interrupted by the evens of the World
War II, with the Japanese occupying the
Philippines. Afterwards, upon liberation,
the Philippines was declared an
independent Republic on July 4, 1946.
1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

 1965- Ferdinand Marcos was elected

as President
1967- Philippine Congress passed a
resolution calling for a
CONSTITUTIONAL
CONVENTION
1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

1969- Marcos won the re-election

November 20 1970- election of delegates
to the Constitutional convention
June 1, 1971- The convention began
formally ( Carlos P. Garcia elected
Convention Preseident)
1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

Before the convention finished the work,

Martial Law was declared.
Some delegates of the convention were
placed behind the bars and other were
voluntary exiled.
1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

With Marcos as dictator, the direction

of convention turned and dictated
some provision of the constitution.
On November 29 1972- the
convention approved its proposed
constitution.
1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

 The constitution supposed to

introduce a parliamentary-style of
government.
Legislative
Unicameral
6 years terms of the member
 1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

 The president- head of State

Six year term
Could be re-elected
Unlimited number of terms
Executive Power
Prime Minister- Head of the Government
Commander in chief of the Armed Forces
1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

November 30 1973- Presidential Decree No.

73 (Plebiscite to ratify or reject the proposed
constitution)
It was postponed because Marcos feared
that public might reject the constitution
Citizen Assembly was held- voting by hand
to ratify the constitution
1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

 Topics of the Voting:

Ratify constitution
Continue Martial Law
Place a moratorium on election for a
periodof at least several years
 1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

1976- citizen Assemblies once again,

decided to allow the continuation of Martial
Law.
The president also become the prime
Minister and continue to exercise the legislative
powers until Martial Law was lifted.
 1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

1980- retirement age of members of the

judiciary was extended to 70 years
1981- parliamentary system was modified to
French style (semi-presidential)
1984- the executive committee was
abolished and the position of the vice president
was restored
 1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORITARIANISM)

The constitution was merely the way for the

president to
1. keep executive powers
2. Abolished senate
3. Functioned as an authoritarian presidential
system with powers concentrated in the hands
of the president.
 1973 CONSTITUTION: (CONSTITUTIONAL
AUTHORIATIANISM)

 The year 1980 situation was very turbulent

 August 21, 1983- Benigno Aquino Jr. was
assassinated
 Marcos was then force to hold a “snap” election
 Rebel groups
 1986- EDSA REVOLUTION
 February 25, 1986- Corazon Aquino was
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 President Corazon Aquino decide to make a new

constitution
 March 1986- President Aquino proclaimed a
transitional constitution to last for a year while
constitutional commission draft a permanent
constitution
 Freedom Constitution- transitional constitution
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 In 1986, constitutional convention was created

 48 members
 Appointed by President Aquino from varied
background and representation
 They draw a permanent constitution largely
restoring the set up abolished by Marcos in 1972.
 February 2, 1987- constitution was finally adopted.
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 Constitution
 Preamble
 18 self-contained articles
 Democratic Republican State
 Sovereignty resides in the people and all government
authority emanates from them
 It allocates governmental powers (Executive,
Legislative and Judiciary)
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 Executive Branch
 Headed by President and his cabinet whom he appoints
 President is the head of state and chief executive but
his power is limited
 In case of national emergency the President may still
declare Martial Law but not longer than the period of
sixty days
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 Congress (through majority) can revoke or

extend martial law.
 The supreme court may also review the
declaration of Martial Law
 The President and Vice President are elected by
direct vote, serving single six-year term.
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 Legislative Branch
 Congress is divided into Two Houses (Senate and House of
Representatives)
 24 Senators are elected by popular vote- No more than two
consecutive six terms.)
 The House of Representative- composed of district
representatives representing particular geographic area and
makes up around 80% of the total number of
representatives
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 They serve three-year terms.

 Party-list system- to provide spaces for the participation
of under represented community sector (20% seat of the
House)
 Congress may also declare war through two-thirds vote in
both upper and lower house.
 Legislative is subject to an executive check
1. President can veto or stop the bill from becoming a law
2. Congress may over ride this power through 2/3 votes
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 Judiciary Branch
 The Supreme Court
 15 member court appointed by the president
without the need to confirmed by Congress
 Appointment Process
 List of nominees was provided (judicial and bar
council)
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

 The Supreme Court Justice

 May hear appeal any cases dealing with constitutionality of any
law, treaty or decree.
 Cases where questions of jurisdiction or judicial error is
concerned
 Cases where penalty is sufficiently grave.
 It may also exercise original jurisdiction over cases involving
government or international officials
 In charge of the functioning and administration of the lower and
 1987 CONSTITUTION: CONSTITUTION
AFTER MARTIAL LAW

The Constitution also established three independent

CONSTITUTIONAL COMMISSIONS
1. Civil Service Commission- A central agency in charge of
government personnel
2. Commission on Election- enforce and administer all
election laws and regulations
3. Commission on Audit- which examines all funds,
transactions and property accounts of the government and
 CHANGING THE CONSTITUTION

Charter Change (cha-cha)- changing of the

Constitution
3 ways of hanging the Constitution (Article XVII of
the 1987 Constitution)
• Constitutional Assembly (Con-Ass)
• Constitutional Convention (Con-Con)
• People’s Initiative
 1. CONTITUTIONAL ASSEMBLY

 Constitutional Assembly (Con-Ass)

 Congress( Senate and House of
Representative)
 Propose amendments to the constitution
 It is not clear, however, if Congress is to
vote as single body separately.
 2. CONSTITUTIONAL CONVENTION

 Constitutional Convention( Con-Con)

 Congress upon the vote of 2/3 of its
member calls for a constitutional
convention.
 Submit to electorate the question calling a
convention through a majority vote of all
 2. CONSTITUTIONAL CONVENTION

 The con-con delegates will propose

amendments or revision s to the
constitution, not congress.
 The 1987 constitution does not provide
for a method by which a delegates to
Con-con are chosen.
 3. PEOPLE’S INITIATIVE

 Amendments of the constitution may be proposed

by the people upon a petition of at least 12% of
the total number of registered votes.
 No amendments is allowed more than once every
five years since a successful PI
 The 1987 constitution directs the congress to
enact a law to implement provision of the PI,
 3. PEOPLE’S INITIATIVE

 Amendments of the constitution may be proposed

by the people upon a petition of at least 12% of
the total number of registered votes.
 No amendments is allowed more than once every
five years since a successful PI
 The 1987 constitution directs the congress to
enact a law to implement provision of the PI,
 CHANGING THE CONSTITUTION

Amendments or revision to the

constitution shall be valid only
when ratified by a majority of
the votes cast in a national
Only the House of Representatives can
initiate the impeachment of the
President, members of Supreme Court,
and other constitutionally protected
public officials such as Ombudsman.
The Senate will then try the
impeachment case. This is another
safeguard to promote moral and ethical
conduct in the government.
 ATTEMPTS TO AMEND OR CHANGE THE
1987 CONSTITUTION

• There were efforts to amend or change the 1987 Constiution starting with Fidel
Ramos
• !995- when Secretary of National Security Council JOSE ALMONTE drafted a
constitution but it was exposed to media and it never prospered
• 1997- The group called PIRMA hoped to gather signatures from voters to change
the constitution through people’s initiative. Many were against this including
Senator Miriam Defensor-Santiago who brought the issue to court and won
• Joseph Ejercito Estrada-formed a study commission to investigate the issues
surrounding charter change focusing on the economic and judiciary provision of
the constitution.
 ATTEMPTS TO AMEND OR CHANGE THE
1987 CONSTITUTION

• House Speaker Jose De Venecia under President Macapagal Arroyo endorsed

constitutional change through a Constituent Assembly which entails a two-
thirds vote of the House to propose amendments and revision.
• This initiative was not successful since the term of president Arroyo was mired
in controversy and scandal including the possibility of Arroyo to extend her
term, which the constitution does not allow
• Benigno Aquino III Administration had no marked interest in the Charter
Change except Speaker of the House, Feliciano Belmonte Jr., who attempt to
introduce amendments to the constitution that concern economic provision that
aim toward liberalization.
 FEDERALISM
• President Duterte in the 2016 presidential election, saying that it will evenly
distribute wealth of the Philippines instead of concentrating it in Manila.
• As a form of government, the central government, a central governing
authority and constituent political units constitutionally shared sovereignty.
• Applied to the Philippines, the country will be broken into autonomous
regions.
• Each region will be divided into local government unit.
• The regions will have the primary responsibility of industry development,
public safety, education, healthcare, transportation and many more.
• Each region will take charge of their own finances, plans for development, and
 FEDERALISM
• The national government, on the other hand, will only handle matters
of national interest such as foreign policy and defense among others.
• In this system, it is possible for the central government and the
region to share certain powers.
• Our current system is that of a unitary for, where administrative
powers and resources are concentrated in the national government.
• Mayors and governors would have to rely on allocations provided to
them through a proposed budget that si also approved by the
national government, a system prone to abuse.
 FEDERALISM
• There are many pros to a federal government.
• Each region may custom fit solutions to problems brought about by
their distinct geographic, cultural, social and economic contexts.
Regions also have more power over their finances, since they handle
majority income and only contribute to a small portion to the national
government.
• They can choose to directly fund their own development projects
without asking for the national government’s go signal.
• A federal system focus on nationwide concerns while regional
 FEDERALISM
• Federal form of government could also solve a lot of decade-old
problems of the country.
• It may be a solution to the conflict in Mindanao, since a separate
Bangsamoro region could be established for Muslim Mindanao.
• It could address to inequality in wealth distribution and lessen the
dependence to the Metro Manila, since regions can be proceed
with what they have to do without needing to consider the
situation in the capital.
 FEDERALISM
• Federal form of government could also solve a lot of decade-old
problems of the country.
• It may be a solution to the conflict in Mindanao, since a separate
Bangsamoro region could be established for Muslim Mindanao.
• It could address to inequality in wealth distribution and lessen the
dependence to the Metro Manila, since regions can be proceed
with what they have to do without needing to consider the
situation in the capital.
 FEDERALISM
• There are also cons to federalism.
• While it creates competition among regions, it could also be
challenge to achieving unity in the country.
• There might be regions which are not ready to govern themselves
or have lesser resources which could mire them deeper in poverty
and make development uneven in country.
• There could be issue regarding overlaps in jurisdiction, since
ambiguities may rise where national ends and region began.
 FEDERALISM
• As a proposed solution to the conflict of Mindanao, we must
also remember that the Autonomous Region in Muslim
Mindanao (ARMM) had already been created and the conflict
still continues.
• Federalism may not be enough for those who clamor
separation.
• Any effort to shift the system of government also entails cost
and it would not be cheap. It would cost billion to dismantle the
current system and would take long time before the system