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History of Philippine Constitution
History of Philippine Constitution
Apolinario Mabini opposed the proposal citing the peace and order condition of the country,
however, he submitted his "Constitutional Plan of the Philippine Republic."
A committee was created tasked to draft a constitution. It was led by Felipe G. Calderon.
Calderon set aside the draft presented by Mabini and Patemo. With the advice of Cayetano
Arellano, Calderon drew his own draft.
The Malolos Constitution was benchmarked from the Constitutions of Mexico, Belgium,
Guatemala, Costa Rica, Brazil and France.
Calderon was poised to make Catholicism a state religion. After a heated discussion, the
Congress voted on it. The result was a tie. But it was defeated on the second vote by just one
vote. The state, therefore, recognizes the separation of church and state.
On October 8, 1898, Calderon presented a draft of the Constitution. On October 21, printed
copies of the said drafts were made. Deliberations started on October 25, 1898.
Butler Hare, Harry Hawes, and Bronson Cutting Approved on January 17, 1933. This law
promised Philippines Independence after a 10-year transition period, but reserved several
military and naval bases for the United States, as well as imposing tariffs and quotas on
Philippine Exports.
Tydings Mcduffie Act – eliminated objectionable provisions of the hare hawes cutting act.
In July 1901, the Americans formally established the first civil government in the islands. During
the administration of Governor-General Francis Burton Harrison (1913-1921), Filipinos were
given a hand in running the country. In 1916, the Philippine Autonomy Act (Jones Law of 1916)
was passed resulting to an all-Filipino legislature. During the administration of Governor-
General Francis Burton Harrison (1913-1921), Filipinos were given a hand in running the
country
From 1918 to 1932 there were at least five (5) Philippine independence missions to the United
States. The efforts result to the passage of Tydings -McDuffie law on March 24, 1934. It
provided for the guidelines for a constitution for a 10-year period before the actual grant of
independence On July 10, 1934, two hundred two (202) delegates were elected to write the
Constitution. The convention opened on July 30. The draft was finished by January 31, 1935 The
Constitution was approved by US President Franklin D. Roosevelt on March 23, 1935. The
Filipinos ratified the constitution on May 14, 1935.
President Ferdinand E. Marcos envisions the new constitution to meet the myriad of challenges
faced by the Philippines since the independence in 1946. A constitutional convention was
convened at the Manila Hotel on June 1, 1971. Despite the declaration of Martial Law, the
convention pushed through, which was finished and the draft approved by November 30, 1972.
The draft was submitted to citizens' assemblies which were formed to approve or reject the new
constitution.
On January 17, 1973, Pres. Ferdinand E. Marcos signed Proclamation 1102 declaring the
ratification of the 1973 Constitution. It provided for a parliamentary form of government.
Legislative power was vested in Batasang Pambansa, Constitutional commissions include: CSC,
COMELEC, COA.
Aricle 1, 2, 3, 4, 5, 6
also known as creating barangay or citizen assemblies. Now, the barangay is considered as the
basic unit of the government and is recognized in the 1987 constitution.
Marcos issued Presidential Decree No. 86 calling for the cancellation of the plebiscite and
instituted barangays' citizens' assemblies to ratify the new constitution by a referendum from 10–
15 January 1973. Alongside the utilization of citizens' assemblies, the voting age was also
reduced to 18. Voting in citizens' assemblies took place through viva voce voting, similar to
parliamentary procedure, rather than the standard secret ballot that had been used up until that
point.
On June 2, 1986, ConCom members, led by Justice Cecilia Muñoz Palma, started their sessions
at the Batasang Pambansa By October 12, 1986, they were done with their tasks. The draft was
presented to the President on October 15, 1986.
On February 2, 1987, a plebiscite was conducted to ratify the Constitution. The Filipinos ratified
it.