EVOLUTION OF CONSTITUTION

EVOLUTION OF THE PHILIPPINE CONSTITUTION

The iconic photograph of 1899

Malolos Congress: digitally colored, based on written accounts and the restoration of the
Barasoian Church for the 1998 Centennial. President Aguinaldo sits at the center, as a gentleman
reads a document to his left.

The Philippines has had a total of six constitutions since the Proclamation of
Independence on June 12, 1898. In 1899, the Malolos Constitution, the first Philippine
Constitution—the first republican constitution in Asia—was drafted and adopted by the
First Philippine Republic, which lasted from 1899 to 1901.

During the American Occupation, the Philippines was governed by the laws of the United
States of America. Organic Acts were passed by the United States Congress for the
administration of the Government of the Philippine Islands. The first was the Philippine
Organic Act of 1902, which provided for a Philippine Assembly composed of Filipino
citizens. The second was the Philippine Autonomy Act of 1916, which included the first
pledge of Philippine independence. These laws served as constitutions of the
Philippines from 1902 to 1935.

In 1934, the United States Congress passed the Philippine Independence Act, which set
the parameters for the creation of a constitution for the Philippines. The Act mandated
the Philippine Legislature to call for an election of delegates to a Constitutional
Convention to draft a Constitution for the Philippines. The 1934 Constitutional
Convention finished its work on February 8, 1935. The Constitution was submitted to the
President of the United States for certification on March 25, 1935. It was in accordance
with the Philippine Independence Act of 1934. The 1935 Constitution was ratified by the
Filipino people through a national plebiscite, on May 14, 1935 and came into full force
and effect on November 15, 1935 with the inauguration of the Commonwealth of the
Philippines. Among its provisions was that it would remain the constitution of the
Republic of the Philippines once independence was granted on July 4, 1946.

In 1940, the 1935 Constitution was amended by the National Assembly of the
Philippines. The legislature was changed from a unicameral assembly to a bicameral
congress. The amendment also changed the term limit of the President of the
Philippines from six years with no reelection to four years with a possibility of being
reelected for a second term.

Philippine Executive Commission Chairman

Jorge B. Vargas reads a message to the Kalibapi in the presence of Lt. Gen. Shigenori Kuroda
and Speaker Benigno S. Aquino, in the old Senate Session Hall in the Legislative Building,
Manila. This photograph was most probably taken on September 20, 1943, when the Kalibapi
elected the members of the National Assembly from among its members.

During World War II the Japanese-sponsored government nullified the 1935 Constitution
and appointed Preparatory Committee on Philippine Independence to replace it. The
1943 Constitution was used by the Second Republic with Jose P. Laurel as President.
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into
effect. The Constitution remained unaltered until 1947 when the Philippine Congress
called for its amendment through Commonwealth Act No. 733. On March 11, 1947 the
Parity amendment gave United States citizens equal rights with Filipino citizens to
develop natural resources in the country and operate public utilities. The Constitution,
thereafter, remained the same until the declaration of martial law on September 23,
1972.

Before President Marcos declared Martial Law, a Constitutional Convention was already
in the process of deliberating on amending or revising the 1935 Constitution. They
finished their work and submitted it to President Marcos on December 1, 1972.
President Marcos submitted it for ratification in early January of 1973. Foreseeing that
a direct ratification of the constitution was bound to fail, Marcos issued Presidential
Decree No. 86, s. 1972, creating citizens assemblies to ratify the newly drafted
constitution by means of a Viva Voce vote in place of secret ballots. Marcos announced
that it had been ratified and in full force and effect on January 17, 1973. Although the
1973 Constitution had been “ratified” in this manner, opposition against it continued.
Chief Justice Roberto V. Concepcion in his dissenting opinion in the case of Javellana v.
Executive Secretary, exposed the fraud that happened during the citizen’s assembly
ratification of the 1973 Constitution on January, 10 – 15, 1973. However, the final
decision of this case was that the ratification of the 1973 Constitution was valid and
was in force.

President Corazon C. Aquino addressing the 1986

Constitutional Commission at its inaugural session.

When democracy was restored in 1986, President Corazon C. Aquino issued

Proclamation No. 3, suspending certain provisions of the 1973 Constitution and
promulgating in its stead a transitory constitution. A month later, President Aquino
issued Proclamation No. 9, s. 1986, which created a Constitutional Commission tasked
with writing a new charter to replace the 1973 Constitution. The commission finished its
work at 12:28 a.m. of October 16, 1986. National Plebiscite was held on February 2,
1987, ratifying the new constitution. On February 11, 1987, by virtue of Proclamation No.
58, President Aquino announced the official canvassing of results and the ratification of
the draft constitution. The 1987 Constitution finally came into full force and effect that
same day with the President, other civilian officials, and members of the Armed Forces
swearing allegiance to the new charter.

COMMEMORATION OF CONSTITUTION DAY

For every constitutional change the Philippines has experienced, a corresponding
proclamation was issued in order to celebrate the date that each charter was put into
full force and effect—with the exception the 1943 Constitution.

Delegate Manuel Roxas signs the Constitution.

He was the leading member of the Committee on Style, also known as the Seven Wise Men, who
had a significant impact on the final draft of the 1935 Constitution.

President Emilio Aguinaldo issued the first proclamation that celebrated

the effectiveness of a constitution in 1899 on January 23, 1899. In the Proclamation,
President Aguinaldo ordered the release of Spanish prisoners under the custody of the
Philippine revolutionary forces, to mark the inauguration of the First Philippine Republic. 
No subsequent proclamations were issued because of the outbreak of the Philippine-
American War and the fall of the First Philippine Republic in 1901.

When the United States Congress authorized the creation of a constitution for the
Philippines in accordance with the Tydings-Mcduffie Act of 1934, a Constitutional
Convention was established to draft a charter for the Philippines and it finished its
work on February 8, 1935. On the inauguration of the Commonwealth of the Philippines
on November 15, 1935, the new charter came into full force and effect. A year later,
President Manuel L. Quezon issued Proclamation No. 36, s. 1936, declaring the 8 th of
February of every year as Constitution Day to commemorate the completion of the 1934
Constitutional Convention’s task. This commemoration was observed throughout the
Commonwealth of the Philippines and the Third Republic, up until the declaration of
martial law on September 23, 1972. (President Ferdinand E. Marcos reiterated President
Quezon’s original proclamation by issuing Proclamation No. 10, s. 1966.)

Referendum Bandwagon: the

Marcos era referendum was conducted by Viva Voce vote as opposed to the conventional Secret
Balloting.

In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a
new charter, the 1973 Constitution. In commemoration, President Marcos, repealed
President Quezon’s Proclamation No. 36, s. 1936, by virtue of Proclamation No. 1219, s.
1973, which moved Constitution Day from February 8 to January 17 of every year. This
proclamation commemorated the day when President Marcos certified that the new
Constitution had been ratified. Constitution day was commemorated until the end of
President Marcos term but was overshadowed by the Proclamation making September
21st of every year “Thanksgiving day”, the date indicated on Presidential Proclamation
No. 1081, s. 1972: Martial law, however, was actually declared two days later when
President Marcos announced it through nationwide television.

When democracy was restored in 1986, the 1973 Constitution was replaced by first the
freedom constitution, also known as Proclamation No. 3, s. 1986, then our current
constitution, the 1987 Constitution. This constitution came into full force and effect on
February 11, 1987, after President Corazon C. Aquino issued Proclamation No. 58, s.
1987. The proclamation issued by President Aquino included the results of the
plebiscite held on February 2, 1987.

After the ratification of the 1987 Constitution, President Aquino issued Proclamation
No. 211 s, 1988, which moved the commemoration of Constitution Day from January 17
to February 2 of every year—a proclamation still in effect to this day.
 President Corazon C. Aquino receives
the 1987 Constitution from Constitutional Commission President Cecilia Muñoz – Palma.

Evolution[edit]
Historical Philippine Constitutions

In
Const
oper Historica Form of Promulg
itutio Ratification Amendments
atio l Period Government ated by
n
n

Katipuna
n, acting
Nove as
mber Constituti
Consti
1, onal
tution  Repu
1897 De Assembl
of blic of
- Facto Constitutio y,
Biak- Biak-na-
Dece nal Republic Drafted
na- Bato
mber by
Bato
14, Isabelo
1897 Artacho
and Félix
Ferrer
 1899 constitutional
Plebiscite

Vot
Choice %
es

10
For 98
0

Janu
ary Against 0 0
23, Malolo
 First Unitary semi- Malolos
1899 s
Philippine presidentialconst Congres
-Mar Consti
Republic itutional republic s Invalid/b
ch tution
lank –
23,
votes
1901

10
Total 98
0

Source:The Laws of
the First Philippine
Republic (The Laws
of Malolos) 1898-
1899

Dece Philipp  Ameri Unincorporated United

mber ine can territories of the States
10, Organi Colonial United States Congres
1898 c Act Period s
- (1902)
Marc
h 24,
1934 Philipp
ine
Auton
omy
Act of
1916
 Tyding
s–
McDuf
fie Act

Nove 1935 Philippine  1940

mber constitutional amendmen
 Com
15, plebiscite t(Establish
monwealt
1935 Presidentialcom ment
h of the of Bicamer
- monwealth
Philippine al
July Vote
s Choice % Philippine
4, s
1946 Congress)

1,21 96
For 3,04 .4
6 3

44,9 3.
Against
63 57
1934
1935 Constituti
Consti onal Invalid/
tution Conventi blank –
July
on
4, votes  1947
1946  Third Unitary presiden amendmen
- Philippine tialConstitutional t (Provision
Janu Republic republic 1,25 of
ary 10 the Parity
Total 8,00
16, 0 Rights)
9
1973

Registe
1,93
red
5,97
voters/
2
turnout

Source: Direct
Democracy

Octo 1943  Seco Single-party aut Preparat

ber Consti horitarianrepubli ory
14, Committ
1943 ee for
- nd
Philippin
Augu tution Philippine c
e
st Republic
Independ
17, ence
1945
1973 Philippine
constitutional  1976
plebiscite Amendmen
t(Continuati
on of
e • d Summary of the Martial law
10 January - 15 and
January substitution
1973 Philippinecons of Interim
titutional plebiscite Batasang
results Pambansa 
for
the Regular
Batasang
Choic
Votes % Pambansa)
e
 1981
Janu Amendmen
ary t (Delegatio
Unitary dominan
17, 1973 14,976 95 n of Power
 Fourt t-partypseudo- Yes
1973 1973 Constituti ,561 .3 to
h parliamentary the Preside
- Consti onal
Philippine republic under to nt, creation
Febr tution Conventi
Republic talitariancivic- of
uary on 743,86 4.
military rule No Executive
22, 9 7
committee,
1986
establishm
ent
Total of modified
15,720 79
valid parliamenta
,430 .0
votes ry system)
 1984
Amendmen
Total
t (Creation
19,908 87 of
votes
,760 .0 the Office
cast of the Vice
President a
nd abolition
Regist of the
22,883 10
ered Executive
,632 0 committee)
voters
 Source: Commission
on Elections
(Philippines)

Marc Provisi
h 25, onal President 
1986 Consti Corazon
– tution Revolutionary Aquino,
Febr of the Government Drafted
uary Philipp by Reyna
1, ines to Puno[10]
1987 (1986)

1987 Philippine
constitutional
plebiscite

Philippine
constitutional
plebiscite, 1987

Cho
Votes %
ice

Febr
uary 1986   16,622 77. Proposed
 Repu
2, 1987 Unitary presiden Constituti Yes ,111 04 Constitutional
blic of the
1987 Consti tialconstitutional onal amendments to
Philippine
– tution republic Conventi the 1987
s
Pres on 4,953, 22.9 Constitution
ent No
375 6

Vali
d 21,575 99.0
vot ,486 4
es

Inva 209,73 0.96

lid 0
or
bla
nk
vot
es

Tot
al 21,785 100
vot ,216 .00
es