The evolution of thePhilippine Constitution

(Social, Political, Enomic, and Cultural Issiues)

Mr. Justin Jeffrey C. Boquiron
Faculty
Cavite State University Naic
 Concept of the Constitution
The role of the Constitution cannot be overlooked. It is through the
Constitution that the fundamental powers of government are established, limited
and defined, and by which these power are distributed among the several
departments. The Constitution is the basic paramount law to which all other laws
must conform and to which all persons, including the highest officials of the land,
must defer.
The Constitution can simply defined as the fundamental law of the land which
is composed of rules and principles that will design the framework of the
government and define the relationship between the state and its people.
 The existence of the Constitution
1. Mandate of the Filipino people
2. Cannot be simply enacted by the congress without following strict
rules prescribed by article 17 of the Constitution and without
ratification by the people
3. Cannot be easily amended or revised by congress without following
strict compliance with article 17 of the Constitution and without
ratification coming from the people
 Evolution of the Philippine Constitution
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.
 Evolution of the Philippine Constitution
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.
 Evolution of the Philippine Constitution
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.
 Evolution of the Philippine Constitution
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.
 Evolution of the Philippine Constitution
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.
 The first republic of the Philippines
The first Republic of the Philippines was established after the declaration of
the Philippine independence inn Kawit, Cavite and after the ratification of the
Malolos Constitution. Emilio Aguinaldo was considered as the President of the
First Republic and it was established in spite of the presence of the American
forces in different part s of the country. The first republic did not realize its aims
because the Filipino-American started on February 4, 1899 and the inauguration
of the First Republic on January 23, 1899.
 The first republic of the Philippines
After the execution of Andres Bonifacio and the downfall of the Filipino forces
in Cavite, President Emilio Aguinaldo decided to travel to Biak-na-bato, San
Miguel de Mayumo Bulacan because he thought that it was the safest place to
hide. On November 1, 1897, they established the Biak-na-Bato republic and
Emilio Aguinaldo was the President however on December 12-15, 1897, the
Filipino forces headed by Aguinaldo had the agreement with Spaniards known as
the treaty of Biak-na-Bato.
 The content of Biak-na-Bato
1. The group of Emilio Aguinaldo would leave the Philippines to Hongkong as
voluntary exile
2. The Spanish government would pay 800,000 to the Filipinos in three
installments, the first payment was 400,00 upon the departure of the group of
Aguinaldo, second payment was 200,000 when the revolutionist surrendered
their arms and third was 200,000.
3. The Spanish government would pay an additional of 900,000 to the families
of the Filipinos who were not part of the revolution
 The content of Biak-na-Bato
The group of Aguinaldo left the country on December 27, 1897 for Hongkong
upon receiving the 400,000 from the Spaniards. However, the other Filipinos did
not recognize the treaty and continued their struggle against the Spaniards and
did not recognize the Treaty of Biak-na-Bato. And the others did not surrender
their weapon because they did not trust the Spaniards.
 The American Intervention
On April 23, 1898, Howard Bray, an American who stayed in the Philippines for a
long time informed Emilio Aguinaldo about the request of the American Consul
for a conference with him. And because Aguinaldo had hesitation of having
communication with Americans, Bray assured him that Americans had no
intention of colonizing the Philippines since they did not colonize Cuba, a country
which was nearer to them. So Emilio Aguinaldo with two companions travelled to
Singapore and met the American Consul Spencer Pratt. The American Consul
encouraged Aguinaldo to cooperate with commodore George Dewey in their
attack with the forces of the Spanish in the Philippines. Emilio Aguinaldo then
expressed that he wanted to return to Manila so Commodore George Dewey……
 The American Intervention
…….gave him instruction that he should go back to Hongkong because they would
sail to Manila, however, when Aguinaldo arrived in Hongkong, the ship of Dewey
already sailed to Philippines.
The American forces headed by Commodore George Dewey arrived at Manila
Bay on May 1, 1898 and faced the Spanish forces headed by Patricio Montojo.
The famous battle of Manila Bay was also the first encounter between Spanish
and the Americans after the war declaration of Americans against the Spanish in
February 1898. In the said battle Commodore Dewey was able to defeat the old
naval ship of the Spaniards, the Spanish Armada and between 230 casualties
came from the Filipinos who witnessed the war between the………
 The American Intervention
…… the Spaniards and the Americans. However, the battle of Manila Bay became
the front page news in America because they were able to defeat a world power.
When Aguinaldo heard the news about the battle of Manila Bay, his
eagerness to return to the Philippines increased and informed the Americans
about his plan of going back to the Philippines but George Dewey said that they
were preparing the way for his return to the country.
 The return of Emilio Aguinaldo and the
declaration of Independedce
As soon as Emilio Aguinaldo arrived, he informed the Filipinos that they would
renew their struggle against Spain. And most of the Filipinos showed their
eagerness to fight for their independence so from May 21 until June 1898 the
Filipinos fought to win different provinces of their country. And in the end of June
they were able to crush the Spanish forces and the only remaining strong force of
Spanish was in the wall city of Intramuros.
On June 12, 1898 as suggested of other revolutionists, Emilio Aguinaldo declared
the independence of the Philippines against Spain in the balcony of his house at
Kawit, Cavite even if the Spanish colonial government in Manila did not surrender
yet.
 Malolos Congress
In the proclamation of Emilio Aguinaldo on July 28, 1898, he gave the Malolos
Congress the power to advise the president however during the meeting of the
Congress on September 15, 1898 they decided to create a Constitution which
would be the framework of the government of Emilio Aguinaldo. The Malolos
Constitution was the first Constitution in Asia and it was based on the proposed
framework of Felipe Calderon which he based from the Constitution of the
countries in Latin America.
 Malolos Congress
The Constitution was ratified on January 21, 1899 and had the following important
provisions:
1. The legality of the declaration of independence in Kawit, Cavite
2. The separation of church and state
3. The establishment of a Republican Government
4. The division of the government into three branches, the Executive, Legislative, and
Judiciary
5. The legislative branch is higher than the Executive and Judiciary
6. The Unicameral legislature
7. The Bill of rights of the citizens
8. The suffrage
 The Treaty of Paris
The Treaty of Paris was signed on December 10, 1898. According to the treaty the
Spanish government ceded the Philippines, Guam Puerto Rico, and Cuba to US government,
the US government will pay $20,000,000 to Spanish government as payment for the
permanent structures.
The Filipinos became suspicious of the true motives of the United States in coming to the
Philippines. In fact, they were prevented by the Americans from entering Manila after its fall.
Their suspicious were confirmed by the Treaty of Paris under which Spain ceded the
Philippines to the US. Felipe Agoncillo, Aguinaldo’s special Envoy, was not even given the
chance to air the wishes of the Filipinos at the Paris Peace Talks. Suspicion turned to hostility,
and war between the two sides became inevitable. The Filipinos were outraged when they
learned that Spain, which no longer controlled the Philippines, had ceded the country to the
US.
 The Filipino-American War
On December 21, 1898, President William Mckinley announced his decision to keep the
Philippines as an American colonial possession. This proclamation, known as Benevolent
Assimilation Proclamation was announced in the Philippines on January 4, 1899. Through
this proclamation, the US made its clear intention of imposing its sovereignty over the
Philippines.
 The end of the Filipino-American war
The Filipino-American war ended upon the captivity of Emilio Aguinaldo in Palanan,
Isabela on March 23, 1899 with the help of the revolutionist from Macabebe, Pampanga.
Upon captivity, Emilio Aguinaldo was brought to Malacañang palace and William Howard
Taft convinced him to cooperate with the American government and in return he would
receive the Hacienda de Imus. And on April 1, 1901, Emilio Aguinaldo pledge alliance to the
Americans. With the end of the war, the US started concentrating its attention and efforts
towards establishing the machinery for governing the country as an American colony.
 The 1935 Constitution
The establishment of the Republican Government
The Presidential election in 1935 was the first National election in the
Philippines. The candidates were veteran Emilio Aguinaldo, the leader of the
Iglesia Filipina Indipindiente Gregorio Aglipay, and the handsome and full of
charm Manuel L. Quezon. However, the tight competition was between Aguinaldo
and Quezon.
 The 1935 Constitution
Branches of Government
1. The government of the Philippines was divided into the branches, the
Executive, Legislative, and Judiciary
2. The Bicameral legislature, the senate and the House of Representatives
Other Provision
1. The Bill of Rights
2. The definition of the Filipino Citizenship
3. The suffrage for women and the political rights for them
4. The Filipina who was 21 years old and above, could understand and speak
either Spanish or English, well educated could register to vote
 The 1935 Constitution
5. The parity rights which stated the equal rights between the Filipinos and the
Americans to utilized the natural resources of the Philippines
6. The establishment of the Commonwealth Government that would train the
Filipinos for self government in 10 years for the future granting of independence.
 The Commonwealth
On November 15, 1935, Manuel L. Quezon and Sergio Osmena had their
oath-taking as the president and the vice president of the Commonwealth
government. Their administration enjoyed the internal sovereignty but not
external sovereignty so the government had the power to implement rules and
programs for the welfare of the citizens, however, the relationship towards the
other countries and the treaties was still under the control of America.
 Japanese era in the Philippines
The preparation being made by the Commonwealth government for the
independence of the country were interrupted when the country was drawn into
World War II. The Japanese treacherously invaded the Philippines.
Roots of War
Prior to 1939, the democratic nations in the world witnessed how Germany,
Italy and Japan committed aggression against small and weak nations owing to
their imperialistic ambitions. Adolf Hitler wanted to unite under his third Reich
people of Aryan descent. He tested his realm. Benito Mussolini, the facist dictator
of Italy who desired to transform under his realm. Benito Mussolini, the Fcist
dictator of Italy who desired to transform the Mediterranean sea into……
 Japanese era in the Philippines
Roots of War
…….. An Italian lake, invaded Ethiopa. On the Other hand, to fulfill Emperor
Hirohito’s dream of establishing his Greater East Asia Co-Prosperity Sphere,
Japan invaded Manchria in 1931 and by 1938 was able to take control of many
Chinese cities and ports. These three aggressor countries even signed a Tripartite
which came to be more popularly known as the Rome-Berlin-Tokyo Axis. Thus,
when the war broke out, Japan, Italy, and Germany came to be called as Axis
Powers.
 Japanese era in the Philippines
The Outbreak of the War
In the morning of December 7, 1941, Japan attacked the American naval base
in Pearl Harbor in Hawaii without a formal declaration of war. In response to the
attack on the main base and headquarters of the US Pacific Fleet Roosvelt asked
the US Congress to declare war against Japan. Soon, Germany and Italy declared
war against United States on December 11, 1941. US, therefore declared war on
Germany and Italy on the same day.
 Japanese era in the Philippines
The war comes to Philippines
Four hours after the surprise attack on Pearl Harbor the Japanese began
bombing Davao, Tuguegarao, Iba Zambales, Pampanga and Tarlac in the morning
of December 8, 1941. Two hours before that General Douglas Mac Arthur was
officially notified that war with Japan had begun, and was ordered to defend the
Philippines. By then Japanese planes had devastated Clark Field, destroying
ground. The Japanese began landing on some of the islands. In the next two days
the Japanese air force attacked Cavite naval base and Nichols Field near Manila,
killing about eighty Americans while they lost only seven pursuit planes.
 Japanese era in the Philippines
Declaration of Manila as an Open City
On December 26, MacArthur declared Manila as an open city to protect the
civilians, withdrawing guns in accord with international law. Nevertheless
Japanese bombed the city in spite of this declaration.
Japanese forces entered Manila on January 2, 1942 and the next day General
Homma proclaimed that they had come to emancipate Filipinos from American
domination. During the early days many Japanese soldiers raped women, and
some Filipinos died defending their relatives.
 Japanese era in the Philippines
The imposition of Japanese Sovereignty
The Japanese started to impose their sovereignty in areas under their control
after the fall of Manila. On January 3, 1942, General Homma, the commander of
the Japanese Imperial Forces in the Philippines, announced the ending of
American sovereignty in the country. General Homma, the principal goal in
conquering the Philippines was to liberate it from the oppressive domination by
the Americans and to integrate it into their Greater East Asia Co-prosperity
Sphere.
 The Second Philippine Republic
The Second Philippine Republic or the Japanese-sponsored Republic was
inaugurated on October 14, 1943, the exact date when Japan proclaimed
independence of the Philippines, with Jose P. Laurel as its president. As the
second Philippine Republic was recognized by Japan, Italy, and Germany. The US
and other allied countries refused to recognize it. Moreover, even Filipinos refused
to acknowledge the newly-established republic.
 Japanese era in the Philippines
The Battle of the Philippine Sea
The American forces moved to step by step across the Pacific Ocean and
began the battle of the Philippine sea on June 19, 1944, by invading Gum Planes
from US carries attacked Manila on September 21. MacArthur threatened to send
high commissioner back home, and Roosevelt let the arrogant general have his
way in the Philippines. Americans landed on the beaches of Leyte on October 20,
and three days later MacArthur formally proclaimed the restoration of the
Commonwealth Government at Tacloban.
 Japanese era in the Philippines
The defeat of the Japanese in the Philippines
Osmena ordered Corregidor taken back, and three thousand Japanese died
defending it and blowing up the arsenal. MacArthur delayed the distribution of
food, clothing, supplies, causing Osmena to be blamed. The US bombed them
with the largest napalm raids in the pacific war. On July 4, 1945 MacArthur
proclaimed that the Philippines had been liberated from the Japanese. On August
17, 1945, Laurel issued a proclamation dissolving the second Philippine republic.
 Marcos’ Regime
Ferdinand E. Marcos was first elected into office in November 1965, declaring
that the Philippines can be great again. Marcos began his second term at the time
the world was experiencing economic recession. To aggravate the situation, the
country was confronted with the following problems: the prevalence of dirty
politics, widespread graft and corruption in government, widening gap between
the rich and the poor, and the rising tide of communism, subversion, and crime.
 The declaration of Martial Law
To perpetuate himself into power and to address the alledged crises in
Philippine society Marcos placed the country under Martial Law on September
21,1972, by virtue of Proclamation No. 1081. Using his martial law powers,
Marcos established a façade democracy in the country. Acting on the clamor of
the student activist on the need to change the 1935 Constitution, he orchestrated
the adoption of the 1973 Constitution. Sensing that the Constitution would be
rejected nationwide plebiscite, Marcos decreed the creation of citizens’
assemblies which anomalously ratified the Constitution.
 Marcos Martial Law Era
Under the 1973 Constitution, the country was supposed to be governed
through a modified, parliamentary system of government. In reality, the
government during martial law era in the country was constitutional
authoritarianism, with Marcos exercising both the executive and legislative
powers of the government. Marcos was therefore a virtual constitutional dictator.
This was evidenced by the numerous amendment to the 1973 charter.
 Marcos Martial Law Era
The downfall of Marcos
On February 22, 1986, the Minister of Defense Juan Ponce Enrile and the Vice
Chief of Staff of the Armed Forces of the Philippines Fidel V. Ramos withdrew their
loyalty to Marcos and encouraged the Filipino people to revolt against the
dictatorship together with Archbishop Jaime Cardinal Sin they encouraged the
people to join the revolution in EDZA and prayed for its success.
 Marcos Martial Law Era
The downfall of Marcos
The Generals who were loyal to Marcos threatened to attack using tanks and
artilleries. This information frightened the people in EDZA but Jaime Cardinal Sin
appealed for the prayers and supported of the people. The tanks and the military
faced the people who did not fear to lose their lives and instead of resulting to
violence they gave rosary and flowers to the military. The members of the
military refused to follow the order from their Commander-in-Chief and instead
walked revolution in the history of all nations.
 Marcos Martial Law Era
The downfall of Marcos
On February 25, 1986, Corazon Aquino took her oath of office before Justice
Claudio Teehankee at Club Filipino in Greenhill's. While Ferdinand Marcos with 89
members of his entourage were helped by the American government, left the
palace in helicopters, they travelled to Clark Air base and from Clark they
travelled to Guam and then to Honolulu, he and his family needed to face two
cases, first is because of the ill-gotten wealth which amount from 5 to 10 billion
dollars and second was because of the human rights violations.
 The 1987 Philippine Constitution
After the EDZA revolution, the Filipinos proved to the world that the peaceful
revolution was still possible to overthrow the dictatorship. The end of Marcos
regime also started the beginning of the new Republican government of the
Philippines.
Pursuant to the Proclamation No. 3, the president promulgated the
Proclamation No. 9 or the Law Governing the Constitutional Commission of 1986.
This Law set rules in the organization of the Constitutional Commission, the
framing, the ratification or the rejection of the new Constitution.
 The 1987 Philippine Constitution
The Significant Provisions
1. The Philippines adopted the republican government with three branches: The
Executive, the Legislative, and the Judiciary.
2. The separation of church and state
3. The supremacy of the civilian over the military
4. The congress had the right to cancel the declaration of martial law and in case
was declared it would only last for 60 days.
5. The creation of the Commission of Human Rights
 The 1987 Philippine Constitution
The Significant Provisions
6. The term of the President and Vice President is for 6 years however, the
President was not allowed to have a reelection.
7. The end of the Military Base Agreement
8. The suffrage was changed to 18 years old qualification and no educational
attainment needed.
9. The Bicameral legislature. The senate is composed of 24 senators who may
assumed office for 6 years with reelection and the lower house is composed of
240 representatives and 20 percent of those should come from the party list.
 The 1987 Philippine Constitution
The vital parts of the Constitution
1. Constitution of Liberty - The constitution of liberty can be found in Articles II, III, V, VI, XII of
the 1987 Constitution. Basically, the provisions of the constitution of liberty are provisions
concerning the civil and political rights of the citizens of the state. It also provides the
safeguards for the continuous enjoyment of these rights by the people.
2. Constitution of Government - This part of the Constitution outlines the basic structure of
the government. It provides for the manner of election and selection of government
officials across the edifice of government with their commensurate limitations. The
Constitution of government can be found in Articles VI, VII, VIII, IX, X, XI of the 1987
Philippine Constitution.
 The 1987 Philippine Constitution
The vital parts of the Constitution
3. Constitution of Sovereignty – the provisions for constitution of sovereignty outlines the
strict rules that need to be satisfied in order for a change in the Constitution to be allowed. It
contains provisions that involve the people in the ratification of the Constitution. Article XVII
embraces the provisions for the Constitution of sovereignty.
 The 1987 Philippine Constitution
The present constitution the we have, the 1987 Constitution according to the opinion of
some authors, is a reaction to the martial law and dictatorial regime of the Marcos
Presidency. It aims to protect the people from arbitrary flexing of the government muscles. It
serves as a safeguard to the libertarian rights of the Filipino people from which sovereign
power flow. There is also a recital of Constitutional Rights in the Bill of Rights. A directive to
change the Constitution can also be found in Article 17. There are also provisions found in
different Articles confessing fear to a dictatorial regime. This is the reason why these
provisions provide for guarantees that will ensure the people that another dictatorship is very
unlikely to happen. All in all, the 1987 Constitution can be seen as a collection of rules,
principles and maxims that will make sure that the spirit of democracy and republicanism
shall always be preserved so that the future generations can still have a taste of it.
The End!