MODULE14: THE PHILIPPINE CONSTITUTIONS

“I would rather have a country run like hell by Filipinos than a country run like heaven
by the Americans, because however bad a Filipino government might be, we can
always change it.”
- Manuel L. Quezon

OBJECTIVES. What will you learn from this module?

At the end of this module, you should be able to:

1. Understand the concept and importance of Constitutions and the role of

government
2. Outline the changes in Philippine Constitution
3. Internalize the rights and responsibilities of the value of freedom

INTRODUCTION.

Studying Philippine History should always include when and how its constitution
was formed. Constitution is a set of fundamental principles and it is important because it
symbolizes the county’s freedom and independence. Today’s lesson will teach you how
our constitution has made and changed through time. Critical thinking skills and
information literacy skills are some of the skills you will need to enjoy our lesson for today.
Learn more and have fun!

ANALYSIS. Who Got the Power?

Let us check prior knowledge before we study this lesson. Tick the box for your
answer. Have fun!

Branch of Government
Power
Executive Legislative Judicial
1. Introduces laws
2. Declares laws as unconstitutional
3. Signs bills into law
4. Vetoes Bills
5. Impeaches/Removes the President
6. Serves as the commander in chief of the
country
7. Interprets the laws
8. Issues a pardon
9. Overrides a presidential veto
10. Nominated Supreme Court Justice

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 Answer Key

Branch of Government
Power
Executive Legislative Judicial
1. Introduces laws 
2. Declares laws as unconstitutional 
3. Signs bills into law 
4. Vetoes Bills 
5. Impeaches/Removes the President 
6. Serves as the commander in chief of the

country
7. Interprets the laws 
8. Issues a pardon 
9. Overrides a presidential veto 
10. Nominated Supreme Court Justice 

LESSON14: THE PHILIPPINE CONSTITUTIONS

ABSTRACTION

A constitution is a set of fundamental principles or established precedents

according to which a state or other organization is governed. It symbolized the county’s
freedom and independence. The Philippine Constitution has evolved since 1897: the
1897 Constitution of Biak-na-Bato , the 1899 Malolos Constitution, Acts of the United
States Congress (Philippine Organic Act of 1902,Philippine Autonomy Act of 1916, and
Tydings- McDuffie Act of 1934),the 1935 Constitution, the 1943 Constitution, the 1973
Constitution, the 1986 Freedom Constitution, and the 1987Constitution.

THE 1897 CONSTITUTION OF BIAK-NA-BATO

The Tejeros Convention held at San Francisco de Malabon in Cavite on March 22,
1897 was the result of the Katipunan revolution. In this convention, the first president and
vice president (of the Philippines) were elected by the members of the Katipunan. The
elected president was Emilio Aguinaldo, and the vice president was Mariano Trias.

It was on November 1, 1897 that the Republic of Biak-na-Bato (Republica de

Biac-na-Bato) was established during a meeting held at Biak-na-Bato in the town of San
Miguel de Mayumo in Bulacan. This was a De Facto Constitutional Republic. In this
meeting, the constitution written by Isabelo Artacho and Felix Ferrer was promulgated by
the Katipunan, which acted as Constitutional Assembly. The Constitution of Biak-na-Bato
known as the “Constitution Provisional de la Republica de Filipinas” was short-lived as it
operated only from November 1, 1897 to December 14, 1897.

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 The Preamble of the 1897 Constitution of Biak-na-Bato reads ,”The separation of
the Philippines from the Spanish monarchy and their formation into an independent state
with its own government from the Spanish monarchy and their formation into an
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 24 th of August, 1896;and
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. 1st .1897 unanimously adopt the following articles for the
Constitution of the State.”

The 1899 Malolos Constitution or the Pilotical Constitution of 1899 (Constitution

Politica de 1899) was the basic law of the First Philippine Republic whose form of
government was unitary semi-presidential constitutional. The Malolos Constitution was the
first republican constitution in Asia (Tucker 2009) written by Felipe Calderon y Roca and
Felipe Buencamino after the declaration of Philippine independence from Spanion 12
June 1898 . It was signed into law by the Malolos Congressand promulgated on January
21, 1899. The Malolos Constitution was in operation from January 23, 1899 to March 23,
1901.

The salient features of the 1899 Malolos Constitution include the declaration of
sovereignty of the people, the enumeration of the basic civil rights, the separation of the
Church and State, it provided for the creation of creation of an Assembly of
Representatives to act as the legislative body, and a parliamentary republic as the form
of government.

The Preamble of the 1899 Malolos Constitution reads,” 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”

The Acts of the United States Congress was in operation from December 10, 1898
to March 24, 1934, since the Philippines was a territory of the United States during these
periods because of the Treaty of Paris which transferred the sovereignty from Spain to the
United States. The acts, such as the Philippine Organic Act of 1902, the Philippine
Autonomy Act of 1916, and the Tydings-McDuffie Act of 1934, passed by the United
States Congress were considered as the Philippine constitutions because they provided
for the fundamental political principles and established the structure, procedures, powers
and duties of the Philippine government.

Philippine Organic Act of 1902, also known as the “Philippine Bill of 1902”, was the
first organic law enacted by the US Congress for the Philippines. It provided for the
creation of the Philippine Assembly, and a bicameral legislature composed of a
Philippine Commission (upper house) and the Philippine Assembly (lower house) were the
law making power was vested. Like other constitutions, it also enumerated the bill of
rights for the Filipinos and provided for the appointment of two non-voting Filipino
Resident Commissioners of the Philippines that would represent the Philippines in the US
House of Representatives.

Philippine Autonomy Act of 1916, also known as the “Jones Law “, amended the
structure of the Philippine government that was provided for in the Philippine Bill of 1902.

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It removed the Philippine Commission (upper house) and replaced it with the Senate
whose members were elected by the Filipino voters. Because of this, the Philippines‘ first
fully elected national legislature came into being. A notable Statement of this act was
the explicit expression of the United States to grant the Philippines its independence as
soon as a stable Philippine government would be established.

TYDINGS-MCDUFFIE ACT OF 1934

On March 24, 1934 the United States passed the Tydings-McDuffie Act that
allowed the Filipino nation to have a self-government. A ten-year transition period was
granted by this Act so that the Filipinos could be prepared for self-government and full
independence. Unlike the other two acts which could be considered constitution, the
Tydings-McDuffie Act of 1934 could not be considered as the constitution, but still a very
important document which provided authority and defined mechanisms for the
establishment of a formal constitution via a constitutional convention. The eventful day
arrived on July 4, 1946, when the United States recognized Philippine independence in
the Treaty of Manila. The Philippine-American friendship day is celebrated every 4th of
July to commemorate the Philippine independence from the United States of America.

THE 1935 PHILIPPINE CONSTITUTION

This constitution was written in 1934 with the goal of meeting the United States’
expectation of political maturity among Philippine leaders so that a full and real
independence could be granted by the US. This constitution was promulgated by the
1934 Constitutional Convention and was in operation during the Commonwealth era
(1935-1946), until the Third Republic (July 4, 1946 - January 16, 1973). The Third Republic
started with the granting of Philippine independence from US domination on July 4, 1946
to Roxas Administration (1953-57), Garcia Administration (1957-61), and Macapagal
Administration (1961-65).

During the Commonwealth period, the form of government was Presidential

system, with the president serving a six-year term without reelection. It also provided for a
unicameral National Assembly. However, in 1940 an amendment was done establishing
a Bicameral Congress of the Philippines composed of a Senate and House of
Representatives, as well the creation of an independent electoral commission. Moreover,
President’s term was changed from six years without reelection to a four-year term with
the maximum of two consecutive terms in office.

In the Third Republic, the 1935 Constitution was still in operation, the form of
government of the Philippines was Unitary Presidential Constitutional Republic .Again, an
amendment was made in 1947, which provided for provision of the Parity Rights between
the American and the Filipino Citizens. The Parity Rights granted the U.S. citizens and
corporations equal rights with Filipino citizens over the Philippine natural resources.

In 1971, a Constitutional Convention was held to rewrite or revise the 1935

Constitution. However, so much for corruption marred the process. In 1972, President
Ferdinand Marcos proclaimed martial law to suppress the increasing civil strife and the

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threat of communist takeover of the government. The proclamation of martial law
suspended the 1935 Constitution.

The Preamble of the 1935 Constitution reads, “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.

THE 1943 CONSTITUTION

The Preparatory Committee for Philippine Independence (PCPI) promulgated the

1943 Philippine Constitution during the Japanese occupation of the country. Mostly of
the members of the PCPI were delegates to the convention that drafted the 1935
Constitution. The constitution was ratified by the popular convention of the KALIBAPI in
Manila on September 7, 1943.

Following its ratification, the Second Republic was then formally proclaimed. The
Second Philippine Republic was a single-party authoritarian republic. Jose P. Laurel was
appointed as President by the National Assembly and was inaugurated into office in
October14, 1943, and Benigno Simeon Aquino Sr. was the Speaker of the National
Assembly.

The 1943 Constitution was in operation in Japanese-controlled areas of the

Philippines from October 14, 1943 to August 17, 1945. However, the United States and the
Commonwealth, government which was in exile did not recognize the said constitution.
Laurel Formally dissolved the Second Philippine Republic following the surrender of japan
in World War II.

The Preamble of the 1943 Constitution reads:”The Filipino people, imploring the
aid of Divine Providence and desiring to lead a free national existence, do hereby
proclaim their independence, and develop the patrimony of the Nation, and contribute
to the creation of a world order based on peace, liberty and moral justice, do ordain this
Constitution.

The 1973 Constitution was promulgated by the 1973 Constitutional Convention,

after Marcos declared material law. The 1973 Constitution ruled the Fourth Philippine
Republic from January 17, 1973 to February 22, 1986. A unicameral legislature was
Republic from January 17, 1973 to February 22, 1986. A unicameral legislature was
established during this period, whose members were elected for a six-year term of office.
The President was elected from among the members of the national Assembly for a six-
year term and eligible for re-elections. The elected president will serve only as purely
ceremonial head of state. Executive power was exercised by the Prime Minister who was
also elected from amongst the members of the national assembly. The Prime Minister was
the head of government and Commander-in-Chief of the Armed Forces.

The 1973 Constitution amended on four occasions. (1) In the 1976 amendments,
the Interim National Assembly was replaced by the Interim Batasang Pambansa, the
President would also become the Prime Minister and would exercise legislative powers
until the lifting of the martial law, the President can legislate on his own on an

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“emergency” basis. (2) In the 1980 amendment, the retirement age of the members of
the Judiciary was extended to 70 years. (3)In the 1981 amendments, the false
parliamentary system was formally modified into a French-style semi-presidential system
were: executive power was restored to the President, direct election of the President,
direct election of the President was restored, an Executive Committee composed of the
prime Minister and not more than 14 members was created to “assist the President in the
exercise of his powers and functions and in the performance of his duties as he may
prescribe, ”and the Prime Minister was a mere head of the Cabinet.(4) The 1984
amendment abolished the Executive Committee and restored the position of Vice-
President.

The Preamble of the 1973 Constitution reads, “We, the sovereign Filipino people,
imploring the aid of Divine Providence, in order to establish a Government that shall
embody our ideals, promote the general welfare, conserve and develop the patrimony
of our Nation, and secure to ourselves and our posterity the blessings of democracy
under a regime of justice, peace, liberty, and equality, do ordain and promulgate this
Constitution.”

THE 1986 FREEDOM CONSTITUTION

Right after the 1986 People Power Revolution that Compelled President Marcos to
step down from power, President Corazon Aquino Issued Proclamation No. 3 to serve as
a provisional constitution. The proclamation contained some provisions adopted from
the 1973 Constitution. Power such as government reorganization, removal of officials,
appointment of a commission to draft a new and more formal Constitution, which upon
ratification, would supplant the Freedom Constitution.

The first part of Proclamation No. 3 reads, “whereas, the new government was
installed through a direct exercise of the power of the Filipino people assisted by units of
the new armed forces of the Philippines; whereas, the heroic action of the people was
done in defiance of the provisions of the 1973 constitution, as amended; Whereas, the
direct mandate of the people as manifested by their extraordinary action demands the
complete reorganization of the government, restoration of democracy, protection of
basic rights, rebuilding of confidence in the entire governmental system, eradication of
graft and corruption, restoration of peace and order, maintenance of the supremacy of
civilian authority over the military, and the transition to a government under a new
constitution in the shortest time possible; Whereas, during the period of transition to a
new constitution it must be guaranteed that the government will respect basic human
rights and fundamental freedoms;

WHEREFORE, I CORAZON C. AQUINO, President of the Philippines, by virtue of the

powers vested in me by the sovereign mandate of the people, do hereby promulgate
the following Provisional Constitution.”

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 THE 1987 PHILIPPINE CONSTITUTION

The 1987 Philippine Constitution was drafted by a constitutional assembly that

was mandated in Proclamation No. 3. The commission composed fifty members
appointed by President Corazon Aquino from various Backgrounds: former members of
the House of Representatives, former justices of the Supreme Court, a Roman Catholic
bishop, and political activists against the Marcos regime. Cecilia Muñoz-Palma, who was
a former Associate Chief Justice of the Supreme Court, was elected by the commission
as its president. The final draft of the 1987 Constitution was finished on October 12, 1986
and was presented to President Aquino on October. The constitution was ratified on
February 8, 1987 through a nationwide plebiscite.

The 1987 Constitution operates since 1987, during the administration of Cory
Aquino (1986-1992), Fidel Ramos (1992-1998), Joseph Estrada (1998-2001), Gloria
Macapagal Arroyo (2001-2010), Benigno Aquino III (2010-2016), and the current
administration of Rodrigo Roa Duterte (2016-present).

The preamble of the 1987 Constitution reads, “We, the sovereign Filipino People
imploring the aid of Almighty God, in order to build a humane society and establish a
Government that shall embody our ideals and aspiration. promote the common good,
conserve and develop our patrimony, and secure to ourselves and our posterity the
blessings of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”

APPLICATION
Answer the following questions briefly.

1. What was/were the call of reforming each of the constitution?

A. THE 1897 CONSTITUTION OF BIAK-NA-BATO

________________________________________________________________________
________________________________________________________________________
_____________________________________________________________________

B. TYDINGS-MCDUFFIE ACT OF 1934

________________________________________________________________________
________________________________________________________________________
______________________________________________________________________

C. THE 1935 PHILIPPINE CONSTITUTION

________________________________________________________________________
________________________________________________________________________
______________________________________________________________________

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 D. THE 1943 CONSTITUTION

________________________________________________________________________
________________________________________________________________________
______________________________________________________________________

E. THE 1986 FREEDOM CONSTITUTION

________________________________________________________________________
________________________________________________________________________
______________________________________________________________________

F. THE 1987 PHILIPPINE CONSTITUTION

________________________________________________________________________
________________________________________________________________________
______________________________________________________________________

2. What is the relation of a constitution and having independence?

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
____________________________________________________________________________

3. What should be the responsibilities and rights of having a freedom?

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
____________________________________________________________________________

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 ASSESSMENT
I. Let’s see how far did you learn! Read the questions below then encircle your
answer. Good luck!

1. Which of the following is the meaning of frailocracy?

a. A form of government ruled by Spanish Friars

b. A form of Spanish corruptions
c. A for of government under Philippine government
d. A form of government under American period

2. Who ordered the execution of GomBurZa?

a. Governor General Tavera

b. A form of Spanish corruptions
c. A for of government under Philippine government
d. A form of government under American period

3. How did the death of GomBurZa awakened the nationalism of the Filipinos?
a. The execution frightened the Filipinos
b. The execution angered the Filipinos
c. The execution controlled the Filipinos
d. The execution weakened the Filipinos

4. Which of the following caused the defeat of the Filipinos during Cavite Mutiny?
a. The Filipinos had misunderstanding in the execution of their plan
b. The Filipinos got frightened in the execution of their plan
c. Their ammunition were limited
d. The numbers of people were limited

5. What was the cause of Cavite Mutiny?

a. The death of GomBurZa
b. The abolition of privileges of native army
c. The death of Andres Bonifacio
d. The high pay of taxes

6. Who was the Lakambini of Katipunan?

a. Melchora Aquino
b. Gabriela Silang
c. Josephine Bracken
d. Gregoria De Jesus

7. What makes Guillermo Magsangkay’s version reliable?

a. He was the son of Andres Bonifacio
b. He was an eyewitness of the event
c. He was the childhood friend of Andres Bonifacio
d. He was the record keeper of the Katipunan

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8. What makes Santiago Alvarez version controversial?
a. He was not an eyewitness
b. He wrote the event with different versions
c. He is related to Gregoria de Jesus
d. He was a traitor of Katipunan

9. What was the meaning of tearing of cedulas of the Katipuneros?

a. It was a cry pleading for independence
b. It was an act of surrender towards Spanish government
c. It was a cry for a revolution
d. It was a cry for help

10. How were the Filipinos depicted in the versions of Cry of Balintawak?
a. The Filipinos were afraid to be killed
b. The Filipinos were indolent
c. The Filipinos were ready to fight for freedom
d. The Filipinos were celebrating their freedom

REFERENCES

Readings in Philippine History, Mutya Publishing

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