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.
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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!!!