CONSTITUTIONAL LAW

The Philippine Constitutional History

Philippine Constitution
- Is that written instrument enacted by direct action of the people by which the fundamental
powers of the government are established, limited and defined, and by which those powers
are distributed among the several departments for their safe and useful exercise for the
benefit of the body politic.

Constitutional History:
1. Treaty of Paris
2. Mckinley’s Instruction
3. The Spooner Amendment
4. Bill of 1902
5. Jones law a.k.a. Ph Autonomy Act
6. Tydings- Mcduffie law
7. 1935 constitution
8. 1973 constitution
A. Treaty of Paris
1. signed on December 10, 1898 giving the sovereignty of Spain to Us and became effective
on April 11, 1899.
2. Change of sovereignty leads to all laws which are political in nature be automatically
abrogated.
3. Status of all inhabitants are now determined by US.

B. Mckinley’s Instruction (Pres. Mckinley – acting legislating commander in Chief)

1. April 1, 1900, a letter of instruction was received to set-up a divide between civil and
military government.
2. Ph Commission was established on Sept. 1, 1900 (falls under legislative department)
3. Applied the bill of rights of US except:
a. Right to bear arm
b. Right to trial by jury
4. First organic act. Organic act is a law that establishes structure and limitations of the
government.
5. Lacks amendment process that involves the people. Ratification was solely by the US Pres.
6. Established the first judiciary dept. on June 11, 1901.
a. Court of First Instance (RTC)
b. Justice of Peace Court (MTC)

C. Spooner’s Amendment (July 4, 1901)

1. Change the divided military and civil government into fully Civil under the US Congress.
2. Ph Commission always start with “be enacted by the authority of US Government.

D. Ph bill of 1902
1. Us congress ratified all organic act of the Us President.
2. First organic act of the Ph was made.
3. Significant provisions to Constitutional History:
a. Ph commission is the upper house (Senate as of now)
b. Ph Assembly is the lower house (House of Representative now)
c. Called for 1st election for lower house.
d. March 28, 1903, Census was finished.
e. July 10, 1907 election was held and Osmena was elected as the speaker.
f. Definition of the Filipino Citizen is established.
E. The Jones Law (August 29, 1916) Ph Autonomy Act
1. US Congress passed this law
2. Established a tripartite government with separation of powers
3. Prototype of our current constitution.
4. Executive – Americans, Legislative – Filipinos, Judiciary- SC, CFI, JPC

F. The Tydings-Mcduffie Law (not an organic act)

1. Enabling statute providing the mechanism whereby the Constitution of an independent Ph
could be adapted.
2. Calling for Constitutional convention to draft:
a. Constitution of the Ph with bill of rights and separation of church and state.
b. Submission of draft that PH constitution is amended in formality with Tydings-
Mcduffie law
c. Ratification through Plebiscite
d. Complete independence 10 years after its effectivity.

G. 1935 Constitution (Commonwealth Constitution)

1. July 30, 1934. Election was held to elect someone who would represent the constitutional
convention
2. Claro Recto was elected president of the Convention
3. February 8, 1935. Constitutional Conventions approved the constitutional draft.
4. March 23, 1935. Draft was certified by the pres. of US, Roosevelt
5. May 14, 1935. It was ratified by the people through a plebiscite
6. September 1935. First Election was made, Manuel Quezon as the President, and Sergio
Osmena as the vice Pres.
7. November 15, 1935. The 1935 constitution took effect, the US withdrew its sovereignty.
8. The Constitution provide tripartite- Executive which is composed of the president with 6-
year term, legislative was unicameral, and judiciary which is composed of supreme court,
CFI, and JPC.
9. 1940, it was amended
a. to provide bicameral legislative: Senate and House of Representative.
b. Presidency was diminished to 4 years but with re-election
c. Establishment of Comelec.

War ensued, failure to establish the independence on 1945.

10. April 23, 1946. Election of the 1st republic was held.
11. July 04, 1946. Republic was inaugurated and the Philippines became politically
independent on the US.
**US withdrew its sovereignty; but not economically.
1946-1954-1974 “bell trade act” was still in motion.
12. March 05,1947. Ratified.
a. Amendment through convention was accepted.
b. Increase seats was denied.
c. Allowing members of house without forfeiting their seats was also denied.
13. Election of delegates on Constitutional Convention
14. June 1, 1971
a. Amendment of the 1935 Constitution which reduced voting age from 21 to 18.
b. Plebiscite was set on Nov. 1971
c. However, 1935 constitution states that amendment should be done on election.
 • Court upheld its jurisdiction on the constitutional convention by arguing that the concon
was based on constitution, hence its powers is solely based on the constitution.
• Martial law was held.
• November 30, 1972, constitutional convention submitted its draft of a proposed
constitution to president who called for plebiscite to ratify the current constitution.
• Pres. cancel the plebiscite and held a citizen’s assembly on January 10-15, 1973.
• January 17, 1973, Proclamation. 1973 constitution will have full force and take effect by
the ratification of the people in a viva voce vote.

H. 1973 Constitution (Marcos Constitution)

1. Validity of the ratification was questioned.
a. Failure of the supreme court to come up with the necessary votes to declare
act as unconstitutional. Hence there is no more obstacle for the constitution
to be enacted.
2. Amended 4 times
b. 1976- President was given legislative powers even though Batasang
Pambansa was already operating.
c. 1980 – raised retirement of age from 65-70
d. 1980 – change of government from parliamentary to presidential.
e. 1984 – responded In problem of succession, providing Vice president.
3. August 21, 1983.
4. February 1986- snap elections
5. February 25, 1986 – Marcos was proclaimed Pres. in Malacanang by makasiar.
Aquino was proclaimed President by Teehankee.
6. Feb. 1986 – Proclamation 3 states that the snap elections or the government of
Aquino is a revolutionary one since it is a direct exercise of the power of the people.

7. March 25, 1986 – Provisional Constitution Proclamtion 3 – abrogated the legislative

provision of 1973 constitution, modified the provisions on the executive department
and eventually reorganized the government.

8. Called for Concon – 30-50 members

9. Pres. appointed 48 commissioners to work on the new Constitution on June 1 to October 15.
10. Draft was sent through referendum on 1987 to the people.
11. February 11, 1987, Proclamation 58, ratification of people and the Constitution.

Creation of the 1987 Constitution.