EVOLUTION OF PHILIPPINE HISTORY

CONSTITUTION
● The word constitution is derived from a Latin word “contitutio” which means “state of a
thing”, “settlement founded”.
● A set of rules that guide how a country, stare, or other political organization works.
● Supreme Law of Land

IMPORTANCE OF CONSTITUTION
1.Maintain Law and Order
2.Impose Rules and Regulations
3.Protects individual Freedom and Rights
4.Limits the power of the Government

TIMELINE: Evolution of the Philippine Constitution

1.1897: Constitution of Biak Na Bato
2. 1899: Malolos Constitution
3. 1935: Commonwealth Constitution
4. 1973: Constitutional Authoritarianism
5. 1986: Freedom Constitution
6. 1987: Constitution

1897: Constitution of Biak Na Bato

● The Constitution of biak na bato was the provisionary Constitution of the Philippine
Republic during the Philippine Revolution.The Katipunan’s revolution led to the Tejeros
Convention where, at San Francisco de Malabón, Cavite, on March 22, 1897, the first
presidential and vice presidential elections in Philippine history were held—although only
Katipuneros (members of the Katipunan) were able to take part, and not the general
populace.
● In July 1897, Aguinaldo established the Biak-na-Bato Republic and issued a
proclamation entitled “To the Brave Sons of the Philippines” stating the following
revolutionary demands:
- The expulsion of the friars and the return to the Filipinos of the lands they
appropriated for themselves.
- Representation of the Philippines in the Spanish Cortes
- Freedom of the press and tolerance of all religious sectsEqual treatment and pay
for Peninsular and Insular civil servants
- Abolition of the power of the government to banish citizens
- Legal equality for all persons

● A charter based on the Cuban Constitution of Jimaguayu, almost word for word, 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 id composed of a
President, a Vice-President, a Secretary of War, and a Secretary of the Treasury.
● Emilio Aguinaldo and Mariano Trias were elected Supreme Council president and vice
president, respectively.
Its Preamble states:
The separation of the Philippines 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 24th 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-nabato,
November 1, 1897, unanimously adopted the following articles for the Constitution of the State.

1899: Malolos Constitution

● 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.
● The only constitution ever framed by Filipinos is what is known as the Malolos
Constitution, taking its name from the then-capital of the Filipino Revolutionary
Government.
● A Filipino government was first established in the form of a dictatorship by Aguinaldo’s
proclamation of May 24, I898.
● One month later, the Dictatorial Government gave way to the Revolutionary
Government, with Aguinaldo as president. The objects of the Revolutionary Government,
according to the proclamation providing for its temporary constitution, were “ to struggle
for the independence of the Philippines, until all nations, including Spain, shall expressly
recognize it, and to prepare the country for the establishment of a real Republic.2
● The constitution specifically provided for safeguards against abuses, and enumerated
the national and individual rights not only of the Filipinos and of the aliens. The
legislative powers were exercised by the Assembly of Representatives composed of
delegates elected according to law.
● In conformity with the organic decree of June 23, I898 made effective by decrees of
September 4 and I O of the same year, the congress convened in the church of
Barasoain near Malolos, Bulacan, on September I5, I898.
● Contemporary testimony shows that the Committee on the Constitution had before it
three plans: those of Paterno, a modification of his autonomy project; of Mabini,
expounded in his True Decalogue and his Constitutional Program; and of Calderon. The
project of the latter prevailed and was reported to the congress on October 8, I898.
● Then, after printed copies had been distributed, there ensued a discussion article by
article, lasting for over a month from October 25 to November 29.
● The constitution was approved by congress on November 29 and immediately
transmitted to General Aguinaldo for promulgation
 ● The president of the Revolutionary Government, however, acting on the instigation of the
premier, Mabini, returned the proposed constitution on December I, I898, with a
message in which he recommended certain amendments.
● The congress, following the report of its committee, prepared by Calderon, refused to
accede to these amendments.3 The president thereupon gave in and approved the
constitution on December 23.
● President Aguinaldo promulgated the constitution and ordered that it should be” kept,
complied with and executed in all its parts because it is the sovereign will of the Filipino
people.”
● Due to the war, the Malolos Constitution was never actually put into force.
● Mabini vigorously contended that under the provisions of articles fifteen and sixteen of
the organic decree giving the powers of Congress, it had no legal right to adopt a
constitution.
● He (Mabini) advised Aguinaldo that “’ congress should not adopt a constitution, as it was
not a constituent assembly; nor could it enact laws, as it did not have any legislative
powers; and its principal and urgent duty was to study the best system of organizing the
military forces and obtaining the necessary funds for the maintenance of the same.”
“Moreover,” he added, “it was not the right time for framing a constitution, as the
independence of the Philippines had not as yet been recognized.”
● His advice was of no avail and was rejected by the president and the cabinet.
● •lWhile Felipe G. Calderon is entitled to the honor of being called the author of the
Malolos Constitution, that document was by no means an entirely original creation. Prior
constitutional projects in the Philippines had a molding influence:
● The Cartilla and the Sanggunian-Hukuman – the charter and code of laws and morals of
the Katipunan, drawn up by Emilio Jacinto (I896); the provisional constitution of
Biaknabato (I897) modeled after a revolutionary constitution of Cuba, planned by Isabelo
Artacho; Mabini’s Constitutional Program of the Philippipne Republic (I898); the
provisional constitution of Mariano Ponce (I898), following Spanish constitutions; and the
autonomy projects of Paterno (I898)-all contributed to the evolution of the Malolos
Constitution.
● In executing it not only has the French constitution been used, but also the constitutions
of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, as we have
considered those nations as most resembling the Filipino people.”’ The general outline of
the text was borrowed from Costa Rica, Chile, and Spain. The inspiration was always
drawn from Spanish or Spanish-American constitutions
● The constitution3 opened with a preamble reading: “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 “. The constitution then
organized a Filipino state called the Philippine Republic, sovereignty residing exclusively
in the people.

It’s Preamble states:

 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.

1935 COMMONWEALTH CONSTITUTION

● In accordance with the provisions of the independence act, the Filipinos, on July 10,
1934, elected 202 delegations to a constitutional convention tasked with the drafting of a
Philippine constitution.
● The Philippine Constitution followed the American model in structure and formal
appearance, except for a unicameral legislature and a unitary (as against a federal)
system of government.
● The Commonwealth was designed as a transitional administration in preparation for the
country’s full achievement of independence. Its foreign affairs remained managed by the
United States.
● The constitutional convention approved the constitution on February 8, 1935, and
President Roosevelt did the same on March 23.
● A plebiscite held on May 14, 1935 ratified the constitution. In September, a re-united
Nacionalista Party (composed of the Quezon and Osmena-Roxas factions) won
overwhelmingly over its rivals — General Emilio Aguinaldo and Bishop Gregorio Aglipay.
● On Friday, November 15, 1935, the Commonwealth of the Philippines was inaugurated
with Manuel L. Quezon as President and Sergio Osmena as Vice-President.
● The original 1935 Constitution provides, inter alia, for a unicameral Legislature and a
single six-year term for the President. It was amended in 1940 to have a bicameral
Congress composed of a Senate and House of Representatives, as well the creation of
an independent Commission on Elections. The Constitution limited the President to a
four-year term with a maximum of two consecutive terms in office.
● 1943 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 Philippines in 1945, the 1935 Constitution came back into effect.

The Philippines was a United States Territory from December 10, 1898 to March 24, 1934[17]
and therefore under the jurisdiction of the Federal Government of the United States. Two acts of
the United States Congress passed during this period can be considered Philippine
constitutions in that those acts defined the fundamental political principles and established the
structure, procedures, powers and duties of the Philippine government.

Philippine Organic Act of 1902

The Philippine Organic Act of 1902, sometimes known as the “Philippine Bill of 1902” or the
“Cooper Act”, was the first organic law for the Philippine Islands enacted by the United States
Congress. It provided for the creation of a popularly elected Philippine Assembly, and specified
that legislative power would be vested in a bicameral legislature composed of the Philippine
Commission (upper house) and the Philippine Assembly (lower house). Its key provisions
included a bill of rights for the Filipinos and the appointment of two non-voting Filipino Resident
Commissioner of the Philippines to represent the Philippines in the United States House of
Representatives.

Philippine Autonomy Act of 1916

The Philippine Autonomy Act of 1916, sometimes known as “Jones Law”, modified the structure
of the Philippine government by removing the Philippine Commission as the legislative upper
house and replacing it with a Senate elected by Filipino voters, creating the Philippines’ first fully
elected national legislature. This act also explicitly stated that it was and had always been the
purpose of the people of the United States to end their sovereignty over the Philippine Islands
and to recognise Philippine independence as soon as a stable government can be established
therein.

Tydings–McDuffie Act (1934)

Though not a constitution itself, the Tydings–McDuffie Act of 1934 provided authority and
defined mechanisms for the establishment of a formal constitution via a constitutional
convention.

Preamble of 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.

1973 CONSTITUTIONAL AUTHORITARIANISM

● When martial law was declared, the Constitutional Convention, which had been meeting
since the first week of June 1971 in order to frame a new constitution to replace that of
1935, met on September 25, 1972, and “voted unanimously” to “continue deliberations
on vital issues.”
● A motion was presented in the Convention to adjourn the plenary meeting until the lifting
of martial law. The proposal was defeated.
● When the new charter was finished, President Marcos referred it to the Citizens
Assemblies numbering 26,000 all over the country.
In view of the results of the referendum, President Marcos, signed three resolutions before the
Kapulungan:
(1) Proclamation No. 1102 which announced the ratification by the Filipino people of the 1973
Constitution as of noon of January 17, 1973;
(2) Proclamation No. 1103 which declared the interim National Assembly, provided for in
Article XVII of the new Constitution, not convened; and
(3) Proclamation No. 1104 which declared the continuation of martial law.
The taking into effect of the new Constitution resulted in
(1) the official abolition of the legislative body;
(2) the exercise by President Marcos of the powers of the President and of the Prime Minister;
(3) the change of the form of government from presidential to parliamentary; and
(4) the exercise by the President of the power to call the interim Assembly.
Preamble of 1973 Constitution
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.

AMMENDMENTS IN THE 1935 AND 1973 CONSTITUTIONS

1.The 1935 Constitution
The Malolos Constitution was ratified on 4 May 1935. This Constitution founded the
Commonwealth Republic of the Philippines and later on the Third Republic. The following are
the amendment Constitution.

A.First Amendment
The 24 October 1935 amendment provided a change in the ordinance annexed to the
Constitution. The amendment on the apportionment of seats in Congress to different legislative
districts of the country.
B.Second Amendment
The amendment took place on 18 June 1940. First, providing for a bicameral structure in the
legislative department. A departure from a unicameral system. Second the mandate for re-
election of the President and Vice-President for another four-year term in office. And thirdly, a
provision for a separate Constitutional Commission, the Commission on Elections (COMELEC).
C.Third Amendment
Pursuant to the amendment on 11 May 1947, parity agreements were extended to American
citizens in the disposition and management of national and economic resources in the
Philippines.”

2.The 1973 Constitution

The 1973 Constitution was promulgated on 17 January 1973 through barangay assemblies. The
voting system was made oral via the raising of hands of the electorate in the barangay halls.
The 1973 Constitution was amended over 20 times. Some of the highlights are as follows:

A.October 1976 Amendment

The creation of a temporary Batasang Pambansa that made the incumbent President, President
of the legislative under a parliamentary type;
B.January 1980 Amendment:
Retirement age for the judges and justices in the judiciary was placed at 70 years old;
C.April 1981 amendment:
1. Parliamentary form;
2. Constitutional reform for election process; and
3. Permission was granted to former natural born citizens to be transferees of private lands for
residential purposes
D. June 1984 Amendment
1. The creation of the Office of the Vice President;
2. Land reform to qualified citizens;
3. Cabinet officials in their majority must be appointed from the ranks of the elected Assembly
man; and
4. Social housing for the people in urban areas.

1986 FREEDOM CONSTITUTION

● On March 25, 1986, President Corazon Aquino, through Proclamation No. 3, also
abolished the 1973 Constitution and put in place a Provisional “Freedom” Constitution.
● On February 11, 1987, the new constitution was proclaimed ratified and took
effect.Establishes the Philippines as a “democratic and republican State”, where
“sovereignty resides in the people and all government authority emanates from them”.
● President Aquino proceeded to establish a revolutionary government under the terms of
a “Freedom Constitution” which legally established the structure of government, pending
the adoption of a democratically-drafted constitution for Cory’s “Bagong Demokrasya.”
● The new leadership reorganized the government — it abolished the Batasang
Pambansa controlled largely by Marcos loyalists; it appointed new Supreme Court
justices, and it replaced Marcos appointees with officers-in-charge (OICs).
● The second step was to take over all monies, assets, properties, and valuables believed
or considered ill-gotten by the Marcos family and cronies.

1987 CONSTITUTION
● A Constitutional Commission, tasked with drafting a new charter, was created by virtue
of Proclamation No. 9, issued on April 23, 1986.
● On June 2, 1986, the commission started its work and elected Cecilia Muñoz-Palma as
President, former Senator Ambrosio B. Padilla as Vice President, and Veteran Journalist
Napoleon G. Rama as Floor Leader.
● Five months after its first session, the Con-Com of 1986 finished its work.
● On October 12, 1986, Delegate Serafin V. C. Guingona delivered his sponsorship
speech for the second reading of the entire draft of the constitution. A total of 44
delegates voted for the draft and two delegates voted against it with no abstentions.
● Three days later, the final session of the Con-Com was held. The final session of the
1986 Constitutional Commission ended at 12:28 a.m. of October 16, 1986. The body
then motioned for the approved draft to be submitted to the President for her
consideration and proper action of ratification.
● February 2,1987, the nation was asked to answer the question “Do you vote for the
ratification of the proposed Constitution of the Republic of the Philippines with the
Ordinance appended thereto?” in order to put the Constitution into effect. After the
National vote, a board of canvassers was convened on February 4, 1987 and finished its
work three days after. The results showed 76.30 percent (16,622,111 voters) of the
 population voted for the ratification of the Constitution; 22.74 percent (4,953,375 voters)
voted against it; and 0.96 percent (209,780 voters) abstained.
● President Aquino, soon after the end of canvassing, issued Proclamation No. 58, which
announced the official canvassing of results and the ratification of the draft constitution.
The 1987 Constitution finally came into full force and effect on February 11, 1987 with
the President, other civilian officials, and members of the Armed Forces swearing
allegiance to the new charter.

Salient Features
● The new constitution consist of 18 articles and is excessively long compared to the 1935
and 1973 constitutions.
● The independence of judiciary has been strengthened with the new provisions for
appointment thereto and an increase in it’s authority, which now covers even political
questions formerly beyond its jurisdiction.
● The Bill of Rights of the commonwealth and Marcos constitution has been considerably
improved in the 1987 constitution and even blustered with the creation of a Commission
of Human Rights.

References
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https://www.officialgazette.gov.ph/constitutions/constitution-day/

Malcom, G. A. (1921, March). The Malolos Constitution. Political Science Quarterly, Vol. 36(1), pp. 91-

103. https://doi.org/10.2307/2142663

Miranda, T. (n.d.). Evolution of Philippine constitution - ppt download. SlidePlayer. Retrieved November

29, 2022, from https://slideplayer.com/slide/17984344/

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https://www.officialgazette.gov.ph/constitutions/
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