Chapter 12- The

Philippine
Constitution
 Constitution

Basic principles and law of a

nation, state or social group that
determine the power and duties
of government and guarantee
rights to the people
Written instrument embodying
rules of political or social
organization
Fundamental and entrenched rules
governing conduct of an
organization or state and
establishing its concept, character
and structure
Short document, general in nature,
embodying aspirations and value to
writers and subjects
Set of fundamental principles or
precedents according to which
state or organization is governed
Written constitution- principles
written to a single document or
set of legal documents
Codified Constitution- set of
fundamental principles written
down in single comprehensive
document
US- first written national
constitution
UK- constitution are uncodified
but written in numerous
fundamental Acts of a legislature,
court cases or treaties
India Constitution- longest written
constitution in the world, has 444
articles in 22 parts, 12 schedules
and 118 amendments with 146,385
words in English-language version
Monaco Constitution- shortest
Written constitution with 10 chapters
with 97 articles and total of 3,814
words
Treaty establish an international
organization
Define principles which state is
based, laws are made by whom
Codified Constitution- act as
limiters of state power by
establishing lines which state rulers
cannot cross like fundamental rights
 1897 Constitution of Biak-na-
Bato
March 22,1897 at San Francisco de
Malabon, Cavite- first presidential
and vice-presidential elections in
Philippine history were held
November 1,1897 at Biak-na-Bato
in San Miguel de Mayumo,
Bulacan- Republic of Biak-na-Bato
Was establish
Biak-na-Bato Republic- had a
constitution drafted by Isabelo
Artacho and Felix Ferrer based on
Cuban Constitution
Known as “Constitucion Provisional
de la Republica de Filipinas”
(Provisional Constitution of the
Philippines)
Written and promulgated in Spanish
and Tagalog language
 1899 Malolos Constitution
(1899-1901)
January 20, 1899 at Barasoain
Church in Malolos, Bulacan
Malolos Congress- proclaimed,
enacted and ratified “Constitucion
politica” (Political Constitution)
Document written in Spanish
First Republican constitution in Asia
A. Declared sovereignty resides
exclusively in the people
B. Stated basic civil rights
C. Separated church and state
D. Called for creation of Assembly
of Representatives to act as
legislative body
E. Called for parliamentary
republic as form of
government. President was
Elected for a term of 4 years by
Assembly majority
 Acts of the United States
Congress (1902-1934)
December 10, 1898-March 24,1934-
Philippines was a United States
Colony
Under the jurisdiction of Federal
Government of United States of
America
US Congress- passed 2 acts;
(Philippine Organic Act of 1902
And Philippine Autonomy Act of
1916)
Considered informally as
Philippine Constitution
Acts defined fundamental
political principles of the land
Establish structure, procedure,
powers and duties of Philippine
government
The 3rd act of the US Congress
( Tydings-Mc Duffie Act of 1934)-
provide mechanism towards
creation and establishment of a
formal constitution
 Philippine Organic Act of
1902
Known as Philippine Bill of 1902
First organic law for Philippine
Island enacted by US Congress
Provide creation of a popularly
elected Philippine Assembly
Legislative power be vested in a
bicameral legislature composed of
Philippine Commission (upper
house) and Philippine Assembly
(lower house)
Include bill of rights for the
Filipino and appointment of two
non-voting Filipino Resident
Commissioner of the Philippines
to represent the Philippines in
the US House of Representative
 Philippine Autonomy Act of
1916
Known as Jones Law
Modified structure of Philippine
government by removing
Philippine Commission as
legislative upper house and
replace it with a Senate elected
by Filipino voters creating the
Philippines first fully elected
national legislature
Stated it was and had always
been the purpose of the people
of the US to end their
sovereignty over Philippine Island
To recognized Philippine
independence as soon as a stable
government establish
Tydings-Mc Duffie Act (1934)

Provided authority and defined

mechanism for establishment of a
formal constitution via
constitutional convention
1935 Constitution (1935-1943,
1945-1973)
Written in 1934, approved and
adopted by Commonwealth of the
Philippines (1935-1946) and later
used by the Third Republic (1946-
1972)
Written with an eye to meeting
the approval of US Government to
Ensure that US will live up to its
promise to grant the Philippine
Independence and not a premise
onto its possession that it was
politically immature and unready
to full, real independence
Provide for unicameral National
Assembly
President elected to 6 years
term without re-election
Amended in 1940 to have
bicameral Congress composed of
Senate and House of
Representative as well as
creation of independent electoral
commission
It grants the President 4 years
term with maximum of 2
consecutive terms in office
1943 Constitution (1943-1945)

Drafted by a committee
appointed by Philippine Executive
Commission, body established by
the Japanese to administer the
Philippine in lieu of Philippine
Commonwealth that establish a
government-in-exile
Japanese Premier Hideki Tojo-
promise the Filipinos “the honor
of independence”
Preparatory Committee for
Philippine Independence- task to
draft new constitution compose
of members of prewar National
Assembly and individuals with
experience as delegates to
convention that draft the 1935
Constitution
Draft is limited in duration, provide
indirect legislative elections and
stronger executive branch
New charter was ratified in 1943 by
an assembly of appointed,
provincial representatives of
Kalibapi, organization establish by
the Japanese to supplant all
previous political parties
Second Republic-proclaimed (1943-
1945)
Jose P. Laurel- appointed as
President by National Assembly;
highly regarded by Japanese for
openly criticized the US for the
way they ran the Philippines; he
had degree from Tokyo
International University
Remained in force in Japanese-
controlled areas of the
Philippines but never recognized
as legitimate or binding by the
Government of US or Philippine
Commonwealth and guerilla
organization loyal to them
1944- Laurel declare state of war
with US and British Empire and
declare martial law
December 1944- his government
went to exile in Taiwan the
Japan
After Japanese surrender, Laurel
dissolve the Second Republic
Provide strong executive power
Legislature- consist of
unicameral National Assembly
and those consider to be anti-US
would stand for election
Second Republic- not viewed as
legitimate Philippine
government or having standing
except Supreme Court, whose
decision is limited to reviews of
criminal and commercial cases
As part of policy of discretion
continued to be part of official
records
Jose Yulo- Supreme Court Chief
Justice in 1943 Constitution
Made easier for Commonwealth
government-in-exile never
constituting Supreme Court
Jose Abad Santos- executed Chief
Justice by the Japanese
Macapagal administration-
partial political rehabilitation of
Japanese era republic took place
with official recognition of
Laurel as former president
This constitution is not taught in
school
Laws of 1943-1944 National
assembly- never recognized as
valid or relevant
 1973 Constitution

1971- Constitutional Convention

was held to rewrite 1935
Constitution
Constitutional Convention manifest
bribery and corruption
The most controversial issue was
removing the presidential term
Limit so Ferdinand Marcos could
seek election for a third term which
felt a true reason which convention
is called
1935 Constitution- suspended in
1972 with Marcos proclamation of
martial law
Promulgated after Marcos
declaration of martial law
Supposed to introduce
parliamentary-style government
Legislative power- vested in
unicameral National Assembly
whose members were elected for 6
years term
President- elected as symbolic and
purely ceremonial head of state
chosen among the member of
National Assembly for 6 years term
and could be re-elected to an
unlimited number of terms
Upon election, President ceased to
be a member of National
Assembly
President- during his term, not
allowed to be member of a
political party or hold any other
office
Executive power- exercised by
Prime Minister who was also
elected among sitting Assemblymen
Prime Minister- head of
government and Commander-in-
Chief of Armed Forces
October 16-17, 1976- majority of
barangay voters (called Citizen’s
Assembly) approved that martial
law should be continued and
ratified the amendments to the
Constitution proposed by
President Marcos
1976 amendments:

A. An Interim Batasang Pambansa

(IBP) substituting Interim
National Assembly
B. President would also be the Prime
Minister and continue to exercise
legislative powers until martial law is
lifted
Sixth Amendment- authorize
President to legislate his own on an
emergency basis (grave emergency,
threat)
1973 Constitution- further amended
in 1980 and 1981
1980 Amendment- retirement age of
judiciary member is 70
1981 Amendments- false
parliamentary system was
modified to French-style semi-
presidential system:
A. Executive power was restored to
the President
B. Direct election of President was
restored
C. Executive Committee composed
of Prime Minister and
More than 14 members was
created to “assist the President in
the exercise of his power”
Prime Minister- head of the
Cabinet
Amendments instituted electoral
reforms and provide that natural
born citizen of the Philippines
who lost his citizenship maybe a
transferee of private land for use
by him as residence
1984 Amendments- abolished
Executive Committee and
restored position of Vice-
President (did not exist in
original unamended 1973
constitution)
Final form of 1973 Constitution-
abolition of the Senate
House of Representatives- known
as Batasang Pambansa or
National Assembly
Department- become Ministries
Cabinet Secretaries- become
Cabinet Ministers
Executive Secretary- President’s
Assistant become Prime Minister
Marcos parliamentary system
function as authoritarian
presidential system with all real
power in the hands of the
President
 1986 Freedom Constitution
(1986-1987)
President Corazon C. Aquino- issue
Proclamation No. 3 as provisional
constitution
Granted President’s broad power to
reorganize government and remove
officials as well as mandating the
President to appoint a commission
to draft a
New, more formal constitution
Called Freedom Constitution
Intended as temporary
constitution to ensure freedom
of the people and return to
democratic rule
 1987 Constitution (1987-
Present)
Constitutional Commission-
composed of 50 members
appointed by Pres. Corazon Aquino
including former members of
House of Representatives, former
Supreme Court Justices, Roman
Catholic bishop, political activist
against Marcos regime
Cecilia Muñoz Palma- former
Associate Justice of Supreme
Court as President of
Constitutional Commission
Several issue like form of
government to adopt, abolition
of death penalty, retention of US
bases in Clark and Subic,
integration of economic policies
in constitution
Lino Brocka- film director and
political activist, member of
Commission walked out before
constitution’s completion and 2
other delegates dissented from the
final
October 12, 1986- final draft is finish
October 15, 1986- constitution is
presented to Pres. Aquino
February 8, 1987- constitution was
ratified by a plebisite
 A. Structure and Contents

Contains preamble and 18 self-

contained articles with section
numbering that resets for every
article
Preamble- introduce the
Constitution and source of
sovereignty, the people. Follows
pattern of past constitution
Including an appeal to God
Article I- National Territory
National Territory- comprise the
Philippine archipelago, all islands
and water therein and all other
territories which Philippines has
sovereignty or jurisdiction,
consisting its terrestrial, fluvial
and aerial domains including
territorial sea, seabed, subsoil,
Insular shelves and other
submarine areas. The water
around, between and connecting
the islands of the archipelago,
regardless of their breadth and
dimensions, form part of internal
waters of the Philippines
Article II- Declaration of
Principles and State Policies- lays
out the basic social and political
creed of the Philippines, particu-
Larly the constitution
implementation and set forth the
objectives of the government
Article III- Bill of Rights-
enumerates specific protection
against the abuse of state power,
similar to the provisions of US
Constitution. Scope and
limitation of these rights are
largely determine by Supreme
Court through case law
 Article IV- Citizenship

Defines citizenship of Filipinos

Enumerate 2 kinds of citizens:
natural born citizens and
naturalized citizens
Natural born citizens- citizens
from birth without having to
perform act to acquire or perfect
Citizens
Jus sanguinis- citizenship is
mainly acquired by blood
relationship with Filipino citizens
Natural born citizens- important
part of political system as
eligible to hold high offices
including elective offices
beginning with representatives in
the House up to President
 Article V- Suffrage

Mandates various age and

residence qualifications to vote
and a system of secret ballots and
absentee voting
Mandates procedure for overseas
and disabled and illiterate
Filipinos to vote
 Article VI- Legislative
Department
Provides a bicameral legislature
called Congress compose of Senate
and House of Representative
Congress- power of investigation
and inquiry in aid of legislation,
power to declare existence and
state of war, power of purse,
Taxation and eminent domain
Article VII- Executive
Department- provides
presidential form of government
where executive power is vested
in the President. Provides
qualification, terms of office,
election, power and function of
the President. Provides a Vice-
President and presidential line of
succession
Article VIII- Judicial Department-
judicial power on the Supreme
Court and other lower courts
establish by law (Congress)
president- has the power to
appoint justices, judges, appoint
nominees pre-elected by Judicial
and Bar Council
JBC- composed of Chief Justice
of Supreme Court, Justice
Secretary, Chairs of Senate and
House Committee of Justice and
representative from legal
profession
Article IX- Constitutional
Commissions- establish 3
Constitutional Commission: Civil
Service Commission, Commission
on Elections and Commission on
Audit
Article X- Local Government-
local autonomy and mandates
Congress to enact law for local
government now Local
Government Code
Article XI- Accountability of
Public Officers- establish Office
of the Ombudsman responsible
for investigating and
prosecuting government officials
Vested in Congress the power to
impeach President, Vice-
President, Supreme Curt
members and Ombudsman
Article XII- National economy and
Patrimony
Article XIII- Social Justice and
Human Rights
Article XIV- Education, Science
and Technology, Arts, Culture and
Sports
Article XV- The Family
Article XVI- General Provisions
Article XVII- Amendments or
Revision
Article XVIII- Transitory
Provisions