The Philippine Constitution

The Constitution is the most important law of the land. Every country at present
has its own constitution. Though it is not a prerequisite for the statehood of a nation, it
nevertheless strengthens government. The principles embodied therein have become
the government’s foundation in enforcing the power of the state.
The four aims of a constitution are (1) establishment of a government’s
framework (2) guarantee of the rights of the people (3) formation of laws needed to run
a government and (4) cooperation and unity among all government branches.
There are different ways of classifying a constitution. The most common is that
according to form – it may be written or unwritten. The Constitution of the Philippines is
a written document, whereas an unwritten constitution is a collection of government
policies that are incorporated in just one document and which originated from common
customs and traditions of the people. A good constitution must be clear and specific, to
avoid misunderstandings about the meaning of the law.

Evolution of the Philippine Constitutions

Malolos Constitution

The Malolos Constitution prepared by Felipe G. Calderon was the first

Constitution of the Philippines. It was ratified by the Malolos Congress on November 29,
1898 and promulgated by General Emilio Aguinaldo on January 21, 1899. This
constitution became the framework of the First Philippine Republic.
The Barasoin Church is the dominant historic landmark of the province of
Bulacan. It is the site of the Malolos Congress of 1898 which drafted the first Philippine
Constitution.
After the original stone structure of the Barasoin Church collapsed in an
earthquake in 1880, a new church with a neoclassical façade rose from the shambles in
1859, shortly before the short-lived Philippine Republic was established in its hallowed
grounds.
 Two months before the end of the Spanish-American War on August 12, 1898,
the Philippine Revolutionary Government, with General Emilio Aguinaldo as its leader,
proclaimed independence from the Spanish colonial power in Kawit, Cavite. A
presidential edict called for a national congress with the decrees setting up local and
provincial governments.
But, the sudden turn of events needed swifter action.
In a protocol signed in Washington, D.C. on the same day, the Spanish-American
War was terminated and Manila and its harbor were placed under the control of
American colonial forces. This vital piece of document determined the control,
disposition, and governance of the islands which had been under the Spanish Crown for
nearly 400 years.
On August 22, 1898, president Aguinaldo ordered the transfer of the seat of the
Revolutionary Government from Bacoor, Cavite to Malolos Bulacan. A few days later,
Aguinaldo issued a proclamation calling for the meeting of delegates to a national
assembly in Malolos.
In response to the President’s proclamation, 50 delegates assembled in Barasoin
Church on September 15, 898, for inaugural session of what has come to be known as
Malolos Congress.

1935 Constitution

The 1935 Constitution was an offshoot of the national leader’s campaign for
freedom among them in keeping with the Tydings-McDuffie Law. This served as the
legal framework of the Philippine Commonwealth.

1943 Constitution
The Constitution of 1943 was approved by the Kapisanan sa Paglilingkod sa
Bagong Pilipinas (KALIBAPI) during the Japanese occupation in the Philippines. After
they left the country, it was set aside, and the 1935 Constitution was once again used.
1973 Constitution

The 1973 Constitution was ratified under Martial Law. It was drafted by the
Constitutional Convention in 1971 which was composed of delegates elected by the
people. Even with the imposition of Martial Law in 1972, the delegates continued their
works on the constitution. It was submitted to the people for approval in a referendum
on January 17, 1973. The ratification process was, however, strange as it was done
through the raising of hands, and not by voting. As a result, the Supreme Court ruled
that the Constitution was not validly ratified; however, it also affirmed the legality of the
Charter since it was put in effect due to the proclamation of President Marcos.

Freedom Constitution

On March 24, 1986, President Aquino issued Proclamation No. 3 promulgating

the “Freedom Constitution,” which served as the legal basis for her provisional
government. It contained provisions that were like the 1973 Charter, except for some
amendments done in 1981. The Freedom Constitution contained the following
provisions:
1. It adopted the Bill of Rights of the 1973 Constitution.
2. It abolished the Batasang Pambansa and granted legislative powers to
President Aquino until after a new legislature is established.
3. It provided for the appointive powers of the President.
4. It declared the validity of laws, executive orders, proclamations, letters of
instruction, and rules of the previous regime, as well as treaties and contracts
previously approved, unless otherwise revoked by new president orders.
5. It provided that the Vice President would succeed the President in case of
death, incapacity or resignation, and in case the Vice President cannot
succeed, the Cabinet members will choose from among themselves a minister
with portfolio to head the government.
6. It provided for the holding of local elections after the plebiscite to ratify the
new constitution.
 7. It provided for the drafting of a new constitution within 60 days by a
Constitutional Commission.

The Constitution was finished in October 1986 and ratified by the people on
February 2, 1987.

The 1987 Constitution

The 1987 Constitution contains several principle and policies to the 1935 and
1973 Charters. These principles guide the policies of the government and mostly found
in the articles of the Declaration of Principles and State Policies (Article II). They are as
follows:

Section 1. The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority emanates
from them.
Section 2. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
Section 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the
State. Its goal is to secure the sovereignty of the State and the integrity of
the national territory.
Section 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State
and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal, military or civil service.
Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.
Section 7. The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.
Section 8. The Philippines, consistent with the national interest, adopts
and pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living, and an improved
quality of life for all.
Section 10. The State shall promote social justice in all phases of national
development.
Section 11. The State values the dignity of every human person and
guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution.
It shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic
affairs.
Section 14. The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and harmony
of nature.
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
Section 21. The State shall promote comprehensive rural development
and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
 Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.

Reference

Pagoso, Cristobal M. (2009). Frontiers. Rex Book Store, Inc.: Sampaloc Metro
Manila