Reading

in the
Philippine History

Dangalan,Carlo John E.
BSIT-1
Sir Jonathan Jaramiel
 Social, Political, Economic, and Cultural
Issues in Philippine History
Evolution of the Philippine Constitutions

3 Constitutions that effectively governed the country:

 1935 Commonwealth constitution

 1973 Constitution
 1986 Freedom constitution

1897: Constitution of Biak-na-Bato

 The provisionary constitution of the Philippine Republic during the

Philippine Revolution.
 Promulgated by the Philippine Revolutionary Government on
November 1, 1897.
 Borrowed from Cuba
 Written by Isabelo Artacho and Felix Ferrer in Spanish

Organs of the Constitution

1. Supreme Council
2. Consejo Supremo de Gracia Y Justicia
3. Asamblea de Representantes
PREAMBLE OF THE BIAK-NA-BATO CONSTITUTION

The separation of the Philippine from the Spanish monarchy and their
formation into independent state with its own government called the
Philippine Republic has been the end sought by the Revolution in the
existing war, begun on the 24th of August, 1896; therefore in its name and
by the power delegated by the Filipino people, interpreting faithfully their
desires and ambitions, we, the representatives of the Revolution, in a
meeting at Biac-na-bato, Nov. 1 st 1897, unanimously adopt the following
articles for the Constitution of the State.

1899: Malolos Constitution

 Draft constitution by the selected commission of the elected Malolos

Congress
 Malolos Congress are composed of wealthy and educated men
 September 17, 1898(draft)
 Approved on November 29, 1898
 Promulgated on January 21, 1899 by Aguinaldo
 “The Political Constitution of 1899”
 Written in Spanish
 39 Articles, divided into 14 titles (8 of transistory provisions, and a
final additional article)
  Patterned after the Spanish Constitution of 1812 and the French
Constitution of 1793
 Feliper Calderon(Main Author)
 Sovereignty retroverted to people
 The people delegated governmental functions to civil servants
 The 27 Articles of Title IV detailed human rights and sovereignty of
Filipinos
 Title III Article 5, declares that the state recognizes the freedom and
equality of all beliefs.
 Title II Article 4, three districts – Legislative, Executive, Judicial

PREAMBLE OF THE POLITICAL CONSTITUTION OF 1899

We, the Representatives of the Filipino people, lawfully convened, in order

to establish justice, provide for common defense, promote the general
welfare, and insure the benefits of liberty, imploring the aid of the Sovereign
Legislator of the Universe for the attainment of these ends, have voted,
decreed, and sanctioned the following Political Constitution.

Philippine Organic Act of 1902

 Creation of the popularity elected Philippine Assembly.

 Legislative vested in bicameral
 Bill of Rights for Filipinos
 Appointment of two non-voting Filipino Resident Commisioners of the
Philippines

Philippine Autonomy Act of 1916

  “Jones Law”
 Removal of Philippine Commission, replacing it with a Senate
 Explicitly declared the purpose of the US
 Appointment of two non-voting Filipino Resident Commissioners of
the Phillipines

Hare-Haws-Cutting Act (1932)

 Promise of granting Filipinos Independence

 Sergio Osmeña and Manuel Roxas
 Opposed by the Senate President Manuel L. Quezon, hence rejected

Tydings-McDuffie Act (1934)

 “Philippine Independence Act”

 Provided authority and defined mechanism for the establishment of a
formal constitution
 Constitutional convention members were elected, first meeting on
July 30, 1934
 Claro M. Recto, unanimously elected as President

1935: The Commonwealth Constitution

 Crafted to meet the approval of the United States government

 To ensure that the US would live up to its promise

PREAMBLE OF THE 1935 COMMONWEALTH CONSTITUTION

The Filipino people, imploring the aid of Divine Providence, in order to

establish a government that shall embody their ideals, conserve and
develop the patrimony of the nation, promote the general welfare, and
secure to themselves and their posterity the blessings of independence
under a regime of justice, liberty, and democracy, do ordain and promulgate
this Constitution.

 Commonwealth of the Philippines

 Transitional administration
 Unicameral National Assembly
 Amended in 1940 to have a bicameral congress
 Right to suffrage
 Male, 21y/o, able to read and write
 Extended to women after two years
 Bears traces of the Malolos Constitution, the German, Spanish, and
Mexican Constitutions, Constitution of several South American
countries, and the unwritten English Constitution.
 Draft was approved by the constitutional convention on February 8,
1935
 Ratified on March 25, 1935 by US President Franklin B. Roosevelt
 Elections were held in September 1935
 Manuel L. Quezon was elected President of the Commonwealth

Was it implemented?

 In 1965, Ferdinand E. Marcos was elected as President

 In 1967, Philippine Congress passed a resolution calling for a
Constitutional Convention to change the 1935 Constitution.
 In 1969, Marcos won in re-election
 November 20,1970 was the Elections of the Delegates to the
Constitutional Convention
  June 1, 1971 when the convention formally began
 Carlos P. Garcia was elected as the Convention President
 Succeeded by Diosdado Macapagal
 Martial law was declared
 Some delegates were placed behind bars, others wend hiding or
voluntary exiled
 Marcos manipulated documents
 November 29, 1972 the convention approved its proposed
constitution.
 The constitution was supposed to introduce a parliamentary style
government
 President Marcos issued Presidential Decree No.73 on November 30,
1973
 Citizen Assemblies were held from January 10-15, 1973
 The president issued a proclamation announcing that the proposed
constitution had been ratified.

1973: Constitutional Authoritarianism

 The constitution was amended several times

 Citizen Assemblies allow the continuation of Martial Law
 Approved the amendments:
o Interim Batasang Pambansa
o President to become Prime Minister
 In 1980, retirement age of judiciary members was extended to
70y/o
 In 1981, parliament changed to French-style.
  In 1984, Executive Committee was abolished, position of vice
president restored
 A way for the President to keep executive powers, abolish the
senate, never acted parliament system to function as
authoritarian presidential system
 1980s had been very turbulent
 1983 Assassination of Benigno “Ninoy” Aquino Jr.
 “Snap” Election full of widespread fraud
 A small group of military rebels attempted to stage a coup, but
failed
 Triggered EDSA PEOPLE POWER Revolution of 1986
 Marcoses fled into exile
 Corazon Aquino was installed as President onn February 25,
1985

President Corazon Aquino’s Government

 Revert to 1935 Constitution

 Retain the 1973 Constitution
 Start anew
 Truly reflective of the Aspirations and ideals of the Filipino
People
 1986 proclaimed a transitional constitution (Freedom
Constitution) to last for a year
 Constitutional Commission drafted a permanent constitution
 Constitutional Convention was created composed of 48
members
  Keep the President in check
 New constitution adopted on February 2, 1987

1987: Constitution After Martial Law

 Begins with preamble and 18 self-contained articles

 “Democratic Publican State”
 Sovereignty resides in the people and government authority
emanates from them
 Executive, Legislative and Judicial branches of the government
 Established 3 independent Constitutuional Commission
o Civil Service Commission
o Commission on Election
o Commission on Audit
 Office of the Ombudsman

Changing the Constitution

Article of the 1987 Constitutio provides for three ways by which the
constitution can be changed

Evolution of the Philippine Constitutions

The Philippines has had a total of six constitutional since the Proclamation
of Independence on June 12, 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 certificaation on March 25, 1835. 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.

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.

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.

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 8th 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.)

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.

The Biak-na-Bato Constitution

Emilio Aguinaldo established his headquarters in Biak-na-Bato in Bulacan

province. The news immediately spread throughout the country, and the
revolutionaries were once more in high spirits. General llanera, who was in
Nueva Ecija, declared his support for Aguinaldo. In July 1897, Aguinaldo
established the Biak-na-Bato Republic and issued a proclamation stating
the following demands:

▪ Expulsion of the friars and the return of the friar lands to the Filipinos
▪ Representation of the Philippines in the Spanish Cortes
▪ Freedom of the press and of religion
▪ Abolition of the government’s power to banish Filipinos
▪ Equality for all before the law.

A charter based on the Cuban Constitution was also drafted by Felix Ferrer

and Isabelo Artacho. It was signed on November 1, 1897. The Biak-na-
Bato Constitution provided for the establishment of a Supreme council that
would serve as the highest governing body of the Republic. It also outlined
certain basic human rights, such as freedom of religion, freedom of the
press, and the right to education. Emilio Aguinaldo and Mariano Trias were
elected Supreme Council president and vice president, respectively.

The Pact of Biak-na-Bato

Pedro Paterno, a Spaniard born in the Philippines volunteered to act as

negotiator between Aguinaldo and Gov. Primo de Rivera in order to end the
clashes. Paterno’s effort paid off when on, December 15, 1897, the Pact he
sign the Pact as the representative of the revolutionaries, and de Rivera as
the representative of the Spanish government. The Leaders are: Emilio
Aguinaldo-President, Mariano Trias-Vice President, Antonio Montenegro-
Secretary, Baldomero Aguinaldo-Treasurer, and Emilio Riego de Dios.

On December 23, 1897, Generals Celestino Tejero and Ricardo Monet of

the Spanish army arrived in Biak-na-Bato and became hostages of the
rebels. A ceasefire was declared by both camps and an agreement
between Aguinaldo and the Spanish forces was made -that the Spanish
government will grant self-rule to the Philippines in 3 years if Aguinaldo
went to exile and surrender his arms. In exchange, Aguinaldo will receive
P800,000 (Mexican Pesos) as remuneration to the revolutionaries and an
amnesty. After receiving a partial payment of P400,000, Aguinaldo left
for Hong Kong on December 27, 1897. Some Filipino generals, however,
did not believe in the sincerity of the Spaniards. They refused to surrender
their arms. Nevertheless, the Te Deum was still sung on January 23, 1898.

The Biak-na-Bato Pact Fails

The Filipino’s and the Spaniards did not trust each other. As a result,
periodic clashes between the two groups still took place even after
Aguinaldo’s departure from the country. The Spanish did not pay the entire
agreed amount.