1899 Constitution

 After the declaration of independence on June 12, 1898, President

Aguinaldo established a revolutionary government and called on the
foreign governments to recognize the independence of the
Philippines.
 On September 15, 1898, the first session of revolutionary congress
was held in Malolos, where it was decided to draft a constitution
 The constitution was eventually approved and promulgated on
January 21, 1899.
 The first constitution drafter by Filipino lawmakers. A “popular,
representative, and responsible” constitution. It made the Philippines
the first in Asia to establish a republican system of government.

Salient Features

1. There are three branches of the government: executive,

legislative, and judiciary. The executive power was vested to
the President who was elected by the Assembly of
Representatives (Legislature). The legislative power was
vested in the unicameral Assembly of Representatives who
is elected by the people. Judicial power was vested to the
Supreme Court and other courts as may be created by law.
2. The legislature was more powerful than the executive
department as it elected the President and the Chief Justice.
3. When the Assembly of Representatives is not in session, the
legislative power is exercised by a Permanent Commission
composed of seven assemblymen.
4. The cabinet secretaries were responsible to the legislature
and not to the President.
5. Even if the system of government is representative, the
sovereignty resides on the people.
 

Name: Philippine Republic (Section 1)

Religious Freedom

 The constitution guarantees freedom of religion and laid

down the “separation of church and state” principle.
Who are Filipinos?

 Under Article 6, Filipinos are: (i) all persons born in the

Philippine territory. A vessel of Philippine registry is
considered, for this purpose, as part of Philippine territory;
(ii) children of a Filipino mother or father, although born
outside of the Philippines; (iii) foreigners who have obtained
certification of naturalization; and (iv) those who have
acquired a domicile in any town within
Philippine territory
Amendments to the Constitution

 Under Article 89, “The Assembly, on its own initiative or that

of the President, may propose amendments to the
Constitution, indicating what article/s are to be amended.”
 The provision authorizes the legislature or the President to
propose amendments to the Constitution.
Unique Provisions

1. The official name of the country is specified.

2. Freedom of religion is guaranteed including the separation of
church and state.
3. Jus soli (citizenship by soil) is the principle in the acquisition
of Philippine citizenship.
4. Basic civil and political rights are not arranged according to
value and importance.
5. In the absence of the President, his functions are exercised
by the Chief Justice.
6. Permanent Commission is created during the adjournment of
the Assembly
7. The Chief Justice and the Solicitor-General are chosen by
the National Assembly with the concurrence of the
President and Secretaries.
8. The President can dissolve the Assembly.

1935 Constitution
  The constitution both for the Philippine Commonwealth and the
future Republic of the Philippines; and is similar in provisions of the
Constitution of the United States of America.
 Amended twice; first, on October 24, 1949, for the changes in
economic provisions of the Tydings-Mcduffie Act; and second, on
June 18, 1940, when the following amendments were ratified: (i)
change in the term of office of the President and Vice President; (ii)
the establishment of a bicameral legislature (Senate and House of
Representatives); and (iii) the creation of Commission on Elections,
General Auditing Office, and Civil Service.

Salient Features

 Contains a new article on national territory.

 Has more enumerated rights under the Bill of Rights.
 The government was divided into three coequal branches –
the legislative, executive, and judiciary. Executive power was
vested in the President elected through popular suffrage
that will serve for a term of four years (for a maximum of
two consecutive terms). Legislative power was vested in a
bicameral legislature, called the Senate and the House of
Representatives, who was directly elected by the people.
Judicial power resides in the Supreme Court and other lower
courts.
 The right to suffrage can only be exercised by males, females
were not allowed.
 

State Principles

 The Philippines is a republican state

 Defense of the State as the prime duty of the government
 Renunciation of war
 Natural right and duty of parents in the rearing of the youth
 Promotion of social justice
 
Who are Citizens of the Philippines?

 Under Article IV, the following are citizens of the Philippines:

(i) those who are citizens of the Philippine Islands (PI) at the
time of the adoption of the Constitution; (ii) those born in
the PI of foreign parents who, before the adoption of this
Constitution, had been elected to public office in the PI; (iii)
those whose fathers are citizens of the Philippines; (iv) those
whose mothers are citizens of the Philippines and, upon
reaching the age of majority elect Philippine citizenship; and
(v) those who are naturalized under the law.

Qualifications of Elected and Appointed Officials

Qualifications Legislative Executive Judiciary

Natural-
Citizen for Citizen for
Citizenship born
five years five years
citizen

At least 30 At least 40 At least 40

Age
years old years old years old

Voter Qualified Qualified

None
Registration elector elector

Resident
Resident
of the
of
province
The
Residency for not None
Philippines
less
for at least
than 1
10 years
year
 10 years or
more as a
judge of the
court or
Others None None
engaged in
law practice
in the
Philippines.

Amendments to the Constitution

 Under Article XV, “The Congress in joint session assembled,

by a vote of three-fourths of all the members of Senate and
the House of Representatives, voting separately, may
propose amendments to the Constitution or call a
convention for the said purpose
 Amendments shall be valid as part of the Constitution when
approved by a majority of votes cast at an election at which
amendments are submitted to the people for their
ratification.
 

Some Observations

1. The Preamble is short.

2. There are no State policies
3. Impartial Trial
4. Congress has the power to declare war
5. The President can serve for eight consecutive years
6. No specified number of days in the declaration of martial
law.
 1973 Constitution

 It was during the second term of President Marcos when a

constitutional convention was  called to draft a new
constitution. It took more than two years due to martial law.
 It was ratified by the people in a referendum  on January 10-
15, 1973
 On January 17, 1973, President Marcos issued Proclamation
No. 1102 declaring the  Constitution in full force and effect.
 Designed for the Marcos dictatorship as it  gave President
Marcos all the powers of the  President under the 1935
Constitution, including the powers of the Prime Minister and
President in the 1973 Constitution.
 Not ratified in the manner prescribed by law, but through
secret balloting.

Salient Features

1. The Preamble maintains some of the words of the

1899 and 1935 Constitution, but new words were
added like “sovereign” Filipino people, “peace” and
“equality.”
2. Has broader and clearer provisions of the national
territory
3. All citizens “who are at least 18 years of age” are
now qualified to exercise the right to suffrage.
4. There are now provisions on the duties
and obligations of citizens especially in
giving military services and joining the military.
5. Adopted a parliamentary system of government,
where the President is the head of state and chief
executive, while the Prime Minister is the head of
government and commander-in-chief of all armed
forces. The Prime Minister and the President are
both elected by the legislature. Executive power,
power of appointment, pardoning power,
and borrowing power belong to the Prime Minister.
 6. The creation of a special court known
as Sandiganbayan, which shall have
jurisdiction over criminal and civil cases involving
graft and corrupt practices and other offenses
by public officers and employees.
7. Created the Office of the Ombudsman, to
be known as the Tanodbayan.
 

State Principles

 The Philippines is a republican state

 Defense of the State as prime duty of
the government
 Renunciation of war
 Strengthening the family as a basic social institution
 Role of youth in the nation-building
 Promotion of social justice
 Establishment and maintenance of adequate social
services
 Supremacy of civilian over the military
 Protection of labor and promotion of
full employment
 Autonomy of local government units
 

Who are Citizens of the Philippines?

 Under Article IV, the following are citizens of the

Philippines: (i) those who are citizens of the
Philippines at the time of the adoption of the
Constitution; (ii) those whose fathers or mothers
are citizens of the Philippines; (iii) those who elect
Philippine citizenship pursuant to the 1935
Constitution; and (iv)
those who are naturalized under law.
 Qualification Exec
Legislative Judiciary
s utive

Natur
Citize Natural-
alborn Naturalborn citizen
nship born citizen
citizen

At At
least least
At least 40
Age 25 50
years old
years year
old s old

Regis
Voter Regist
tere
Regist ered None
d
ration voter
voter

Able Able
to to
Litera
read read
cy
and and
write write

Resident of Resident of
the The
Resid
province for Philippines None
ency
not less for at least
than 1 year 10 years

10 years or more as a
Other judge of the court or
None None
s engaged in law practice in
the Philippines.

Qualifications of Elected and Appointed Officials

Amendments to the Constitution

 Under Article XVI:

 1. Any amendment to, or revision of, the Constitution
may be proposed by the National Assembly upon a
vote of three-fourths of all its members, or by a
constitutional convention.
2. The National Assembly may, by a vote of two-
thirds of all its members, call a constitutional
convention, or by a majority vote of all its
members, submit the question calling such
a convention to the electorate (the people) in an
election.
 

Some Flaws and Criticisms

1. Suspension of the privilege of the writ of habeas

corpus and declaration of martial law has no clear
duration as to the number of days.
2. A dual executive with a Vice President with
no clear powers, functions, and duties
3. It deprived the people the authority to elect the
highest officials of the land
4. Opens the possibility of electing a very
young Prime Minister
5. Nobody to recommend and scrutinize
the competencies of the justices of the
Supreme Court
6. . Unicameral Legislature
 1987 Constitution

 President Cory Aquino issued Proclamation No. 9 creating the

Constitutional Commission of 1986 to draft a new constitution.
On May 25, 1986, President Aquino appointed 48 members of
the
Constitutional Commission
 After more than 110 days, the Commission finished its task,
and on October 12, 1986, the commissioners approved the
draft constitution by a vote of 45 in favor, and 2 not in favor
 On February 2, 1987, the draft constitution was submitted to
the people for ratification in a plebiscite.
 The Proclamation No. 58 of President Aquino declared the new
Constitution as ratified and effective in full force and effect.

Salient Features

1. The Preamble retained some of the words of the previous

Constitutions. The words “Divine Providence” of the
1935 Constitution was replaced with “Almighty God” and
new words include “a just and humane society,”
“aspirations,” “rule of law,” “regime of truth,” “freedom,”
and “love.” The term “general welfare” was replaced with
“common good” and the term “general welfare” was
replaced with the term “common good.” The word
“independence” from the 1935 Constitution was used
again.
2. The provision on National Territory is almost similar, with
the inclusion of new words like “sovereignty or
jurisdiction,” “terrestrial” and “fluvial.” The word
 “airspace” was changed to “aerial domains.” The phrase
“historic right or legal title” from the 1973 Constitution
was removed.
3. Has mechanisms to prevent the rise of a new dictator.
4. Included a provision on “initiative and referendum”
wherein the people may directly propose and enact laws.
5. Also provided a more democratic representation in the
lower house (House of Representatives) through a Party-
list System.
 

State Principles and Policies

1. The Philippines as a democratic and republican State

2. Renunciation of war
3. Supremacy of civilian over the military
4. Prime duty of the government is to serve and protect the
people
5. Essential blessings of democracy
6. Separation of Church and Sate
7. Independent foreign policy
8. Freedom from nuclear weapons
9. . Just and dynamic social order
10. Promotion of social justice
11. Dignity of every human person and guarantees full
respect of human rights
12. Sanctity of family life
13. Vital role of the youth in nation-building
14. Role of women in nation-building
15. Promotion of the right to health of the people
16. Balanced and healthful ecology
17. Education, Science and Technology, Arts, Culture, and
Sports
18. Labor as a primary social economic force
19. Self-reliant and independent national economy
20. Indispensable role of the private sector
21. Promotion of comprehensive rural development and
agrarian reform
 22. Promotion of the rights of indigenous cultural
communities
23. Encouragement of non-governmental, community-based,
or sectoral organizations
24. Vital role of communication and information in nation-
building
25. Autonomy of local governments
26. Equal access to opportunities for public service
27. Maintenance of honesty and integrity in the public
service
28. Policy of full public disclosure of all its transactions
involving public interest
 

Who are Citizens of the Philippines?

 Under Article IV, the following are citizens of the

Philippines: (i) those who are citizens of the Philippines at
the time of the adoption of the Constitution; (ii) those
whose fathers or mothers are citizens of the Philippines;
(iii) those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching
the age of majority; and (iv) those who are naturalized
under the law.
Qualifications of Elected and Appointed Officials
E
J
Qu x
u
ali e
Legi di
fic c
slati ci
ati u
ve a
on ti
r
s v
y
e

Ci Nat N N
tiz ural a a
en - t t
shi bor u u
p n r r
citiz a al
 l- -
b b
o o
r r
n n
en
ci ci
ti ti
z z
e e
n n

At
leas
t 35
yea
rs
old
for A
Sen t
ator l A
s e t
a le
At s a
leas t st
t 25 4 4
Ag yea 0 0
e rs y y
old e e
for a a
Dist r rs
rict s ol
and o d
Part l
y- d
list
Rep
res
ent
ativ
es

Vo Reg R N
ter iste e o
Re red g n
gis vot is
 t
e
r
e
tra
d
tio er e
v
n
o
t
e
r

A
b
l
e
t
Abl o
e to r
Lit
rea e
er
d a
ac
and d
y
writ a
e n
d
w
ri
t
e

Re Resi R N
sid den e o
en t si n
cy for d e
a e
peri n
od t
of o
not f
less t
tha h
n2 e
yea P
rs h
for il
 Sen
ator i
s p
p
Resi i
den n
t e
for s
a f
peri o
od r
of a
not t
less l
tha e
n1 a
yea s
r t
for 1
Dist 0
rict y
Rep e
res a
ent r
ativ s
es

Ot Non N 1
he e o 0
rs n y
e e
a
rs
o
r
m
o
r
e
a
s
a
ju
d
 g
e
o
f
t
h
e
c
o
u
rt
o
r
e
n
g
a
g
e
d
in
la
w
p
r
a
c
ti
c
e
in
t
h
e
P
hi
li
p
pi
n
e
s.
Amendments to the Constitution

 Under Article XVII, any amendment to, or revision of, the

Constitution may be proposed by

1. The Congress, upon a vote of three-fourths of all its

members; or
2. A constitutional convention
 

Some Flaws and Criticisms

1. No enabling law to end political dynasties (Art. II, Sec. 26)

2. Vague provision on how to revise or amend the Constitution
3. Revocation and extension of the duration of martial law is a
numbers game
4. Impeachment process is also a numbers game
5. The principle of “Separation of Church and State” has no
enabling law
6. Some grounds for impeachment are vague and open to
abuse
7. The Commission on Human Rights is a lame-duck agency
8. The judiciary is not totally “independent”
9. The right of the people to information on matters of public
concern is not “fully” recognized
10. The Party-list system was abused
11. The Vice President has no clear powers, functions, and
duties