PHILIPPINE

CONSTITUTION
What is a constitution?
 A written instrument by which the
fundamental of government are
established,limited and defined and by which
the powers are distributed among several
departments for their safe and useful exercise
 A written character enacted and adopted by
the people of the state.through a convention of
representatives

 Declared as “The highest expresion of Law”

 A part of country sovereignity
 Serve as the guide to the government in
making decisions 2
TYPES OF CONSTITUTION
1.Written
2.Unwritten
3.Conventional or enacted
4.Cumulative or evolved
5.Rigid or inelastic
6.Flexible or elastic
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 PARTS OF A
CONSTITUTION
Constitution of
Government

Constitution of Liberty

Constitution of
Sovereignty
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Constitution of GOVERNMENT

Provisions which set

up the governmental
structure

Articles VI, VII, VIII, IX and X

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Constitution of LIBERTY
Provisions which guarantee
individual fundamental
liberties against governmental
abuse

Articles III, IV, V, XII, XIII, XIV & XV

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Constitution of SOVEREIGNTY
Provisions which outline the
process whereby the sovereign
people may change the
constitution

Articles II, Section 1 and XVII

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 1943 the Japanese
Occupation and the
1899 Malolos second Philippine
2 Constitution Republiic
1986 Provisional
“Freedom”
4 Constitution
6 Constitution

Philippine Constitutional History

1 1935
3 Commonwealth 1973 1987
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The Biak-na-
bato Constitution Constitution and 7 Constitutio
republic Marcos n
contitution
Dictatorhip
(1897) 8
The Biak-na-bato republic contitution
(1897)
➝ Aguinaldo established the Biak-na-Bato Republic
and issued a proclamation stating the following
demands:

▪ Expulsion of the friars and the return of the friar

lands to the Filipinos
▪ Representation of the Philippines in the Spanish
Cortes
▪ Freedom of the press and of religion
▪ Abolition of the government’s power to banish
Filipinos
▪ Equality for all before the law. 9
 Promulgated by the Philippine Revolutionary Governement on
November 1, 1897
 Become the provissionary Constitution of the government during
the revolution against spain.
 A charter based on the Cuban Constitution was also drafted by
Felix Ferrer and Isabelo Artacho.
 The Biak-na-Bato Constitution provided for the establishment of
a Supreme council that would serve as the highest governing
body of the Republic.
 It also outlined certain basic human rights, such as freedom of
religion, freedom of the press, and the right to education. Emilio
Aguinaldo and Mariano Trias were elected Supreme Council
president and vice president, respectively.

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Maloslos Constitution
• The Political Constitution of 1899 
• Informally known as the Malolos Constitution
• The constitution of the First Philippine Republic.
• It was written by Felipe Calderón y Roca and Felipe
Buencamino as an alternative to a pair of proposals to
the Malolos Congress by Apolinario Mabini and Pedro
Paterno. After a lengthy debate in the latter part of
1898, it was promulgated on 21 January 1899.
• Ratification and proclamation held in Barasoian church
in Malolos
• The constitution placed limitations on unsupervised
freedom of action by the chief executive which would
have hampered rapid decision making.
• it was created during the fight for Philippine
independence from Spain, however, its Article 99 allowed
unhampered executive freedom of action during
wartime.
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The main features were as follows:

• Based on democratic traditions in which the government formed

was “ popular, representative and responsible with three distinct
branches the executive ,the legitative , and the judicial
• It called for a presidential form of government with the president
elected for a term of four years of majority of the assembly
convened as a constituent assembly
• It recognized the freedom of religion and the separation of the
church and state.
• It emphasized and safeguarded the basic civil rights of not
Filipinos but foreigners, through a bill of rights(article XIX to XXII)

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THE 1935 CONSSTITUTION AND COMMONWELTH
GOVERNMENT
 Ratified on May 14,1935
 Creation of Tydings-McDuffie Act, which
created the Philippine Commonwealth on
March 24,1934 and known as the Philippine
Independence Act.
 Provided Democratic and republican
government
 The constitution served the nation well. It
gave the Philippines twenty-six years of
stable.
 The Commonwealth was the culmination of
efforts to secure a definitive timetable for
the withdrawal of American sovereignty over
the Philippines.
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 the Japanese Occupation and
the second Philippine Republic
Constitution (1943)

 Drafted by PCPI
 This was finished and signed on September 4 1943 in a
public ceremony
 Ratified By the kapisanan ng paglilingkod sa Bagong
Pilipinas(KALIBAPI )on Oct 14 1943
 KALIBAPI- a political party that served a the political party
during the Japanese occupation.
 Inaugurated with Jose P . Laurel as president
 A condensed version of the 1935 constitution consisting of
only preamble and 12 articles

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 It was only effective during the duration of the war
 Recognized as legitimate and binding only in Japanese-controlled areas of
the Philippines
 It was abolished eventually along with the second republic upon the
liberation of Philippines by American forces in 1945

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 The 1973 constitution and
the marcos dictorship
 June 1,1971 a constitutional convention was convened at the Manila
hotel.
 September 1972,Marcos issued Proclamation 1081,placing the
Philippines under martial law and effectively extending his
presidency indefinitely
 January 10-15 A national plebiscite referendum is held among the
citizens assemblies to ratify the new constitution
 January 17,1973 President Marcos signed Proclamation no.1102
declaring the 1973 constitution ratified.
 Marcos proclaimed the ratification of new constitution base on the
parliamentary system, with himself as both president and prime
minister
 Composed of preamble and 17 articles
 The constitution vest the legislative power in the National Assembly

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 The freedom constitution (1986)
 March 24, 1986,President Aquino signed Proclamation No.3 entitled
“Declaring a national Policy to implement the reforms mandated by the
people, protecting their basic rights, Adopting a provisional
constitution and provision for an Orderly Transition to a Government
under new constitution”
 March 25,1985 Freedom Constitution was promulgated
 Recognizing the new Aquino administration as a temporary
revolutionary government
 It basically adopted some provision of the 1973 constitution(Bill of
rights)
 Under Aquino presidential he continued to exercise the legislative
power until a legislature was convened under new constitution.
 Adopted some provision of the 1973 constitutions particularly the bill
of rights

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 The 1987 constitution
 Ratification was held on February 2 ,1987
 The new constitution was Proclaimed ratified on
February 11, 1987
 Established a representative democracy with power
divided among three separate and independence
braches of government(executive ,Legislature and
Judiciary)
 Formulated by constitutional Commission led by
Cecilia Munoz Palma
 Pushed for he restoration of the presidential
government and protection of human rights

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 PREAMBLE
“We, the sovereign Filipino people, imploring the aid of

“
Almighty God, in order to build a just and humane society and
establish a government that shall embody our ideals and
aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity the
blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality and
peace, do ordain and promulgate this Constitution.”

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 • President
Executive • Vice President

• Senate (24)
Legislative • House of Representatives

• Supreme Court(14)
• Court of Tax Appeals
Judiciary/Judicial • Court of Appeals
• Sandiganbayan

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 Qualifications to be a Senator
➝Natural born citizens of the
Philippines
➝At least 35 years old on the day of
election
➝Able to read and write
➝A registered voter
➝ A resident of the Philippines for 2
years preceding the day of the
election
 Qualifications to be a
Congressman/Congresswoman
➝ Natural born citizens of the Philippines
➝ At least 25 years old on the day of
election
➝ Able to read and write
➝ A registered voter in his district (except
for party list)
➝ A resident of the Philippines for at
least a year preceding the day of the
election
 Qualifications to be a Justice
➝Natural born citizens of the
Philippines
➝At least 40 years old
➝Judge or a law practitioner for 15
years in the Philippines
➝ A person of proven competence,
integrity, probity and independence

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