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CHAPTER 1
GENERAL CONSIDERATIONS
Scope of the Study
Political Law is a branch of public law which deals with
the organization and operations of the governmental
organs of the State and defines the relations of the
State with the inhabitants of its territory
Constitutional Law I is the study of the structure and
powers of the Government of the Republic of the
Philippines. It also deals with certain basic concepts of
Political Law, such as the nature of the State, the
supremacy of the Constitution, the separation of
powers, and the rule of the majority.
Necessity for the Study
Every citizen should understand the mechanics and
motivations of his government. This must be so because
“sovereignty resides in the people and all government
authority emanates from them.” (Art. II, Sec. 1)
The fundamental law provides that “all educational shall
include the study of the Constitution as part of the
curricula.” (Art. XIV, Sec. 3)
Basis of the Study
1987 Constitution of the Philippines, adopted on
February 2, 1987, is the principal basis of Constitutional
Law 1. In addition, the student should consider
pertinent statutes, executive orders and decrees, and
judicial decisions, as well as current political events in
which the purposes of the law are applied (or
misapplied).
Particularly with regard to those of their provisions that
have been retained in toto or with modifications in the
new Constitution, the 1935 and 1973 Constitutions,
which served as its working drafts, are an integral part of
this study.
Background of the Study
In 1521, Magellan discovered the Philippines under the
common rule of Spain. This rule lasted for more than 300
years, during which the abuses of the government and
the friars gradually developed a sense of unity among the
natives. Rizal and the other propagandists were later to
ignite the spirit of nationalism that was to fuel the
Philippine Revolution.
Started by the fiery Bonifacio and won under the able
generalship of Emilio Aguinaldo, the Philippine
Revolution finally ended Spanish sovereignty in the
Philippines.
On June 12, 1898, Philippine Independence was
proclaimed; on January 21, 1899, the First Philippine
Republic was established with Aguinaldo as its President.
The Malolos Constitution was the first democratic
constitution ever to be promulgated in the whole of Asia.
Significantly, it established a parliamentary system, but
with the President and not the Prime Minister as head of
the government.
The first Republic of the Philippines was to be short-lived
because the United States was already planting the seeds
of another sovereignty in our country. Filipinos believed
that they were allies with the United States. But it was
soon revealed that United States had its own
imperialistic designs on the Philippines.
On December 10, 1898, Treaty of Paris has been
concluded, which provided for the cession of the
Philippine Islands by Spain to the United States.
The Americans first organized a military government, but
consolidation of executive, legislative and judicial
authority military governor.
Steps taken for the transition from military to civilian
rule. Schurman Commission, otherwise known as First
Philippine Commission is a fact-finding survey of the
Philippines Islands and submit appropriate
recommendations to the U.S Congress. This was
substituted later by the Taft Commission, also known as
the Second Philippine Commission, which took over all
the legislative powers and some of the executive and
judicial powers of the military governor.
On July 4, 1901, civil government was established in the
Philippine Islands with William Howard Taft as the first
governor.
By means of the Philippine Bill of 1902, the Philippine
Assembly was created in 1907 to sit with the Philippine
Commission in a bicameral legislature. Sergio Osmeña
was initially and successively elected Speaker of the
Philippine Assembly until its dissolution on 1916.
In 1916, Philippine Autonomy Act, popularly known as
Jones Law, was promulgated which established inter alia

a Philippine Legislature consisting of a Senate and a
House of Representatives. Manuel L. Quezon was the
President, and Sergio Osmeña was the Speaker.
Jones Law continued until 1935, when it was replaced by
the Tydings-McDuffie Act, which authorized the
establishment of the Commonwealth of the Philippines.
Constitutional Convention framed the 1935 Constitution.
It was ratified on May 14, 1935 and led to inauguration
of the Commonwealth Government on November 15,
1935. Quezon was the first President and Osmeña was
the Vice-President.
Tydings-McDuffie Act promised independence to the
Filipinos if they could prove their capacity for democratic
government during a 10-year transition period.
On July 4, 1946, the United States formally withdrew it
sovereignty over the Philippines.
Constitutional Convention of 1971 started deliberations
on the revision of the 1935 Constitution and the
fashioning of the Constitution of 1973.
On September 21, 1972, President Ferdinand E. Marcos
issued Proclamation No. 1081 placing the entire
Philippines under Martial Law.
On January 17, 1973, president Marcos issued
Proclamation No. 1102, in which he announced that the
constitution of 1973 had been ratified by an
overwhelming majority of the people and had thus
become effective.
On January 17, 1981, president Marcos issued
Proclamation No. 2045 lifting Martial Law.
In 1985, president Marcos submitted a questionable
resignation that was to be effective on the 10th day
following the proclamation of the winners in the “snap”
election to be called by the legislature
On February 7, 1986, the election was held and resulted,
amid charges of wholesale irregularities committed by
the ruling party. This was followed by a massive outcry
from the people who felt that the real winners were the
Opposition candidates.
On February 22, 1986, Defense Minister Juan Ponce
Enrile and General Fidel V. Ramos began the “people
power” revolution that led to the ouster of president
Marcos and his replacement by President Corazon C.
Aquino with vice-President Salvador H. Laurel, her
manning mate, were inducted on February 25, 1 986
President Cory Aquino promulgated the “ Freedom
Constitution” which was to be in force pending the
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adoption of a new Constitution to be drafted by a
Constitutional Commission. This body approved the draft
of the new charter which was submitted to the people at
a plebiscite held on February 2, 1987, and was ratified by
a vote of 16,605,425 in favor and 4,949,901 against.
On May 11, 1988, elections for the revived Congress of
the Philippines were held. For those local offices were
Scheduled later the year.
On May 11, 1992, general elections were held for The
President and Vice-President of the Philippines, 24
senators, all elective members of the House of
Representatives and local officials.
In 1998, Joseph Estrada was elected President of the
Philippines but was impeached 2 years later and forced
out of office by a massive people power demonstration
at EDSA on January 20, 2001. Vice-President Gloria
Macapagal Arroyo took the oath the same day as his
constitutional successor.
President Arroyo sought another term in 2004.
CHAPTER II
THE CONSTITUTION OF THE PHILIPPINES
The Previous Philippine Republics
1899 Malolos Constitution
1935 Commonwealth Constitution
1943 Japanese Constitution
1973 Constitution which was enforced during the
Marcos regime.
1986 Freedom Constitution
The 1987 Constitution is the 4th fundamental law to
govern the Philippines since it became independent on
July 4, 1946.