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Readings in Philippine History

Finals

Philippines as a State vs. Nation Reasons:

• We are archipelago, we are far from each
has the necessary force, power, and authority
other
(Philippines is a notion-state)
• Corruption
(Philippines as a nation because many supported it)
• The ARMM region
Elements of a state
Three (3) Branches of the Government
1. Sovereignty- political independence
1. Executive- President, Vice President, Cabinet
(its like isolating but you are still giving
(Secretaries)
alliance)
(90% of the power is within the president to
2. People- the Filipino citizen
execute the law)
3. Territory- where we live in
2. Legislative- Congress, 24 senators, 250 house
(The territory should accommodate the
of representatives
number of people)
(To create the law)
4. Government
3. Judiciary- Supreme Court
(To make sure that the executive and
(The people should be not all girls for the next
legislative are limit with their powers only)
generation should be sustain it should be both male
and female to have balance)
(There is no hierarchy, the three branches of the
government are all equal power)
State has force exercised in the name of law, force
becomes power, and the recognition of this power
Principle of Checks and Balances
implies our obligation to submit to these rules which
1. Executive- veto power, pardon to set aside the
creates authority
judgment of judiciary, power to appoint
judiciary
• Democratic government- it’s the will of the
2. Legislative- override the veto of the president,
people
reject the appointments of the president,
(It is your right to vote, voting is a privilege)
power to impeach, revoke or amend decision
(Choices of person, NOT political dynasty)
of the judiciary by enacting, amending laws
• Republic government
3. Judiciary- SC as the final arbiter may declare
• Presidential- we have president, NOT prime
the acts of both legislature and executive as
minister
unconstitutional as long as there is grave
(the prime minister both holds the executive and
abuse of discretion resulting to a lack or
legislative)
excess in jurisdiction
• National government- 80% of the power is in
Malacañang and 20% to the local
Federal- 80% to local, 20% to Malacañang
(Federal government is great but it is not applicable in
the Philippines)
Philippines’ Constitution
Constitution- it refers to that body of rules and
principles in accordance with which the powers of
sovereignty are regularly exercised (Cooley)
- It is also defined as written instrument by
which the fundamental powers of the
government are established, limited and
defined and by which these powers are
distributed among the several departments or
branches for their safe and useful exercise for
the benefit of the people. (2011, Hector S. De
Leon)
- Supreme Law of the Land
3 Powers of the Government
1. Taxation- the tax is proportional to persons
income
2. Police power- the rules and regulation
3. Eminent domain- the power to take away
property
(Those power are established since the 1987
Constitution to prevent abuse of power)
Kinds of Constitution
1. Conventional or enacted – formally struck off
at a definite time and place following a
conscious or deliberate effort taken by a
constituent body or ruler
- (It is established, what is written cannot be
changed)
2. Cumulative or evolved – results from a political
evolution, not inaugurated at any specific time
but changing by accretion rather than by a
systematic method
- (On the contrary, the constitution is changing)
As to their Form
1. Written – one which has been given definite
written form at a particular time, usually by a
special constituted authority. Precepts are
embodied in one document or set of
documents
- (Having document is the best evidence)
- (Physical and hardbound)
2. Unwritten – consists of rules which have not
been integrated into a single, concrete form
but are scattered in various sources
3. Rigid or inelastic – one regarded as a
document of special sanctity which cannot be
amended or altered except by some special
machinery more cumbrous than the ordinary
legislative process
- (It is compact and hard to change)
4. Flexible or elastic – one which possesses no
higher legal authority than ordinary laws and
which may be altered in the same way as
other laws
- (It is flexible)
- (It is connected to cumulative or evolved)
The Philippine Constitution is WRITTEN,
CONVENTIONAL, and RIGID
3 Ways to change the constitution
1. Constitutional Assembly (Con Ass)
• Legislative will draft a proposal
• All will vote
• Its like a national election
• 3 months to decide for the people
2. Constitutional Convention (Con Con)
• The members of the congress only
3. Referendum
• The people will directly propose
Revisions- broadly implies a change that alters a
basic principle in the constitution, like altering the
principle of separation of powers or the system of
checks-and-balances. There is also a revision if the
change alters the substantial entirety of the
constitution, as when the change affects substantial
provisions of the constitution
- (the change is greater, altering the principle[le
and almost the whole paper)
Amendment- broadly refers to aa change that adds,
reduces, or deletes without altering the basic
principle involved. It generally affects the specific
provision being amended
- (it just simply add or delete without altering
the principle)
3 ways of Interpretation of the Constitution
1. Verba Legis- whenever possible, the words
used in the Constitution must be given their
ordinary meaning, except where technical
terms are employed
- (what you see is what you get)
- (ordinary words and meanings)
2. Ratio legisest anima- where there is
ambiguity, the words of the Constitution
should be interpreted in accordance with the
intent of the framers
- (when there is not clear provisions)
- (REMEMBER: there is no perfect law but there
is good law)
Purpose of Constitution
According to Heywood, “the objective of constitutions
is to lay down certain meta-rules for the political
system… The purpose of a constitution is to bring
stability, predictability, and order to the actions of
government.” In other words, a constitution is a code
of rules that provides guidance for the conduct of
government.
1. Meta- most supreme, highest
- Meta-rules
2. Stability- the constitution is not changing
3. Predictability- since the constitution is stable
you can predict it

3. Utmagisvaleat quam pereat- the Constitution Importance of a Constitution

has to be interpreted 1. The constitution empowers the state.
- (it must be presented as whole)
- (The country must first define as state)
2. The constitution establishes value and goals.
Framers- the 50 persons who make the constitutions
- (The law is the reflection of the whole Filipinos)
- Not contextualize by your interpretation
3. The constitution provides a government
stability.
Nature and Purpose
4. The constitution protects freedom.
1. Serves as the supreme or fundamental law of
- (We don’t have unlimited freedom)
the land – it is the charter creating the
- (Be cautious)
government. It is binding on all individual
- (Have empathy toward others)
citizens and all organs of the government. It is
5. The constitution legitimizes the regime
the law to which all other laws must conform.
2. Establishes basic framework and underlying
principles of government – the purpose of a
constitution is to prescribe the permanent
Constitutions of the Republic of the
framework of the system of government and to
Philippines
assign to the different departments their
Malolos Constitution of 1899
respective powers and duties and to establish
- June 12, 1898- Philippine Independence
certain basic principles on which the
- January 20, 1899-freedom from Spaniards
government is founded. It is primarily
and gaining independence through having
designed to preserve and protect the rights of
our own constitution enacted by the Malolos
individuals against arbitrary actions of those
Congress held in Malolos, Bulacan
in authority. Likewise, it limits the actions of
- First democratic constitution ever to be
every individual citizen.
promulgated in whole of Asia
- Known as Constitucion Politica- this was the
first important Filipino document produced by
 people’s representatives. Reflected the (We have the three branches of the government)
aspirations of educated Filipinos to create a (Legislature separate into 2 (Bicameral legislature))
polity as enlightened as any in the world -upper house (senate), lower house (house of
representatives)

(This is the first ever Constitution of the Philippines)

(The president that time was EMILIO AGUINALDO)
• JONES LAW or Philippine Autonomy Act which
established a Philippine Legislature
Important Provisions
consisting of Senate and HOR. Quezon and
o The sovereignty resided exclusively in the
Osmena were elected President and Speaker,
people
respectively
(Political independence- we are democratic)
o Stated basic civil rights
• Jones Law continued until 1935, when it was
o Separated the church and state
supplanted by the Tydings-Mcduffie Act,
(The state should not discriminate and
which authorized the establishment of the
deprived the religion, gender, people)
Commonwealth of the Philippines. A
o Called for the creation of Assembly of
constitutional convention framed the
representatives
constitution of 1935, which was ratified on
(The Filipino citizen are the one who made the
May 14 of that year and led to inauguration of
law for the first time)
the Commonwealth Government on November
o Called for parliamentary republic as the form
15, 1935. Quezon was the first President, with
of government
Osmena as vice-president.
(There is no three branches of the
government, its all in the president)
(We have commonwealth)
o Majority of the assembly elected the president
(Tydings Mcduffie Act- 10 years—then the Philippines
for a term of 4 years
is free, the promise of US)

(The president that time is MANUEL QUEZON)

1935 CONSTITUTION
- Treaty of Paris - payment of $20 million from
United States to Spain on December 10, 1898
- Organic Law - source of Philippine laws
during the American regime which involves:
- 1. instruction of President William McKinley to
the 2nd Philippine Commission- took over all
the legislative powers and some of the
executive and judicial powers of the military
governor
- 2.Philippine Bill of July 1,1902
- 3.Jones law of August 26, 1916 – the Philippine
Assembly was created in 1907 to sit with the
Philippine Commission in a bicameral
legislature
1935 Constitution was amended three times:
1. 3 branches of government was given formal
definition
2. bicameral form of legislature: 1.senate 2. House of
representatives
3. Judicial power was exercised by Supreme court
4. Allowing the re-eligibility of the President and the
Vice- president for a second four-year term of office
5. Creating a separate Commission on Elections
6. The so called Parity Amendment which gave to
American citizens equal right with the Filipino in the
exploitation of the natural resources and the
operation off the public utilities
 • With regards to the suffrage/public votation, a
plebiscite was held on April 30, 1937 where
447, 725 voted yes and 44, 307 voted no. In
compliance, the National Assembly passed a
law which extended the right of women to
votation. Back in 1935, there was no popular
demand for women’s right to suffrage for it
was believed that it would disrupt family unity
as the woman actually engaged in politics
• Also, JONES LAW EXTENDED a. the bill of
rights, b. defined Filipino citizenship, and c.
provided for other safeguard and restrictions
1943 Constitution
- Japanese sponsored government
- 2-year effect during Japanese war occupation
from 1943-1945
- 1935 Constitution came back into effect after
WW2, the Philippines remained unicameral
until 1947 because of post-war reason effects
(Shortest constitution)
(The president that time is JOSE P. LAUREL)
(The puppet government of the Philippines)
1973 Constitution
President Marcos, what he called “Constitutional
Authoritarianism”, extended his presidency that
lasted twenty years or two decades – the longest in
Philippine history. With Martial rule, the 1971
Constitutional Convention ended with the
promulgation of the 1973 Constitution that provided
for a transitory form of government. Under it, the term
of office of all officials, starting with the president, was
extended. To effectively silence the opposition, the
Congress was padlocked, media was shut down, and
Marcos’s critics and rivals were arrested and
detained .Marcos promise a NEW SOCIETY that will
solve insurgency, criminality, and poverty
(Enacted during President MARCOS)
(Ferdinand Marcos abuse his power from executive to
judiciary)
(He also extends his presidency)
Constitutional Authoritarianism- means authority,
martial law
- September 21, 1972, President Marcos issued
Proclamation No. 1081 placing the Philippines
under Martial Law
- Presidential decree 86 of 1972- creating
citizens assembly in each barrio
municipalities and in each district in
chartered cities throughout the country.
Objective: to broaden the base of citizen’s
participation in the democratic process, and
to afford ample opportunities for the citizenry
to express their views on important matters of
local or national concern
- -under this same decree, the barangays were
to conduct a referendum on national issues
between January 10 and 15, 1973 with these
following questions:
- 1. Do you approve of the new constitution?
- 2. Do you want a plebiscite to be called to
ratify the new constitution?
(The constitution said that the martial law should only
extend only for 60 days)
Robber stock government
1. Marcos governs the legislative- the Congress
was padlock
2. The media was shut down
3. The Marcos critics and rivals was detained
(The 1973 was still patterned by 1935 Constitution)
 - Ratification by Presidential Proclamation:
according to Proclamation No. 1102 issued on
January 17, 1973, there were 14, 976, 561
members of all the barangays (citizen
assemblies) voted for the adoption of the
proposed constitution, as against 743, 869
who voted for its rejection.
- On the question as to whether or not people
would still like a plebiscite to be called to ratify
the new constitution, 14, 298, 814 answered
that there was no need for a plebiscite
- With these above results “purposively”
showing that more than 95% were in favour of
the ratification of constitution, Proclamation
No. 1102 on January 17, 1973 proclaimed that
the Constitution proposed by the 1971
Constitutional convention had been ratified by
the Filipino people and thereby come into
effect
- Plebiscite was a fraud (source: javellana vs.
executive secretary)
The results were “purposively” and “allegedly”
1. There is no single ballot ‘
2. The registered voter should be 18 years old
above (but just random people who attend the
assembly)
3. The COMELEC should handle the election (but
the executive handle it instead)
4. It needs to circulate to the media for the
people to know the content of the constitution
(The 1973 Constitution also called as the “Siopao
Constitution”)
• 1973 Constitution was Declared null and void
AMENDMENTS
a. Making the incumbent president, the regular
president and regular prime minister
(The politicians should have terms, because
this is too much power, violation of
democracy)
b. Granting concurrent law-making powers to
the President
(The law-making power should be to the
legislative)
c. Establishing a modified parliamentary form of
government
d. Permitting natural-born citizens who have lost
their citizenship to transferees of private land,
for use by them as residence
e. Allowing the “grant” of lands of the public
domain to qualified citizens
f. Providing for urban land reform and social
housing program
(The letter d, e, f was an counteract or the
benefits for the people for them to approve the
constitution)
g. Legislative became unilateral through
Batasang Pambansa parliamentary type of
government (should be executive, however,
Marcos fused legislative branch to it that led
to Marcos’ one man type of ruling
The law is important
- The law will not choose any particular political
color
- The law should not bend
1986 Constitution
- 1986 Freedom Constitution/ Provisional
Government of 1986
- On February 25, 1986, as a result of the people
power upheaval that deposed Marcos, the
Cory Aquino proclaimed a Freedom
Constitution to be effective pending the
adoption of a permanent Constitution aimed
at correcting the shortcomings of the previous
 constitutions and specially eliminating all the
iniquitous vestiges of the past regime
(this is the temporary constitution before the 1987
constitution)
Revolutionary government- government was instituted
not in accordance with the procedure provided in an
existing constitution having been installed by direct
action of the people or by “people power” deriving its
power and existence and authority directly from the
people themselves and not from the 1973 constitution
De jure- constituted or founded in accordance with
the existing constitution of the state (according to law)
(it is founded by the law wherein we voted for a
President)
De facto- not constituted or founded in the
constitution but has the general support of the people
and effective control of the territory over which it
exercises its powers
(Cory Aquino type of government, because Aquino
was not elected by voting instead she is elected
because of the people power)
Democratic- the provisional government was claimed
to be democratic because it was installed by direct
action of the people as a direct expression or
manifestation of their sovereign will, and therefore it
was based on the consent of the government or the
approval of the people
The Provisional Constitution self-destruct upon the
ratification and effectivity of the new constitution on
February 2, 1987
1987 Constitution
Preamble
• We, the sovereign Filipino people, imploring
the aid of Almighty God, in order to build a just
and humane society, and establish a
Government that shall embody our ideals and
aspirations, 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.
(The preamble is the first statement in the
constitution)
- This was drafted by the Constitutional
Commission, Objective: to organize, to provide
for the detail of its operation and establish the
procedure for the ratification or rejection of
the proposed new constitution
- President Aquino, in Proclamation No. 9,
created a Constitutional Commission
composed of fifty members appointed by her
and charged it to frame a new charter not
later than September 2, 1986. Under the
leadership of Justice Cecilia Munoz Palma,
members came from various sectors and
represented diverse persuasions, the reason
why the final draft was only approved on
October 15, 1986.
- The plebiscite for its approval was scheduled
within three months and not within 60 days to
give the people more opportunity to study it.
Opposition to the draft, was largely
disorganized and consequently ineffective.
Many people while doubtful about some of its
provisions and its length, which made it seem
like it’s a codification, nevertheless approved
the proposed constitution for they felt that it
would provide the stability of the country
sorely needed at the time. 76. 29% of the
electorate approved for its ratification, with
only 2.74% against.
- “it would seem that every one of the members
of the Constitutional Commission wanted to
put in his two centavos worth and
unfortunately succeeded, thereby ballooning
the Constitution to unseemly dimensions.”
- “the new Constitutions sounds like a political
speech rather than a formal document stating
only basic precepts preventing the legislature
from gaining more leeway in their
implementation”
- “The sheer length of the document has
deterred people from reading it, much less
trying to understand its contents and
motivations.”
Merits and Demerits of an appointive framing
body
a. CONCON was not expensive and not time
consuming, it was practical because the
country could not afford the cost of electing
delegates because of lack of funds, to which
time was the essence because of the
instability inherent in a revolutionary
government and the need to accelerate the
restoration to full constitutional democracy
b. However, an appointive body is susceptible
and vulnerable to the charge of lack of
independence and the suspicion of pressure
and even the manipulation of the appointing
power, entrusting these people who were only
directly elected and empowered go against
the ideals and aspirations of democracy
c. Need to cure defect in the constitution- to
have a truly democratic and constitutional
government, it is absolutely necessary that the
Constitution should be initially drafted by duly
elected members of a representative
constituent assembly or constitutional
convention and later on approved by the
people through plebiscite
Important Principles and Provisions
The 1987 Constitution preserved many of the 1935
Constitution. Among its important and new
provisions include the following: 1) a single fixed
term of six years for the President; 2) the
President’s power to appoint cabinet members,
ambassadors and consuls, the Armed Forces
(from the rank of colonel and up)subject to
confirmation by the Commission on Appointments
in Congress; 3) the power of the President to
declare martial law that needs the approval of
Congress and that the President reports on
his/her action within fourty-eight (48) hours; 4) the
Senator’s term is limited to two (2) terms, the
Representative to three (3) terms and; 5) members
of the judiciary, although to be appointed by the
President, should be recommended by a Judicial
and Bar Council
Rule of the majority- the wishes of the majority
prevail over those the minority however, it does
not mean that the minority is left without rights. It
is given certain fundamental rights , like the rights
to express their opinions or to protest the acts of
the majority although it is bound to abide by the
decision of the latter
Device of majority practicable rule of law: based
on reason and experience, democracy assumes
that in a society of rational beings, the judgment
and experience of the many, in most cases, is
superior to the judgment and experience of the
few, hence, verdict of the many will more likely be
correct
Government of law and not men: same importance
as rule of law, is meant that no man in this country,
not even the government, is above or beyond the
law. Every man, however high and mighty his
station may be, possesses no greater rights than
every other man in the eyes of the law
Exercise of government powers: a government of
laws, as contrasted with a government of men, is
a limited government. It has only the powers given
it by the Constitution and laws, and it may not go
beyond the grants and limitations set forth to
therein Its authority continues only with the
consent of people in whom sovereignty resides
(safeguard against the arbitrary government)
A government that fails to enforce the law, in
effect, fails to govern
Observance of the law- the same is true of private
individual in the community, to which they are also
bound to respect the sovereignty of the law. A
person may not agree with the wisdom and
expediency of the law but it his/her duty to follow
the law so long as it remains in the statute books.
One cannot take the law into his own hands by
resorting to violence or physical force to enforce
his rights or achieve his ends without being civilly
and criminally held liable for his action
Provisions of the 1987 Constitution
Article I – National Territory
Article II – Declaration of Principles and State
Policies
Article III – Bill of Rights
Article IV - Citizenship
Article V – Suffrage
Article VI – Legislative Department
Article VII – Executive Department
Article VIII – Judicial Department
Article IX – Constitutional Commissions
Article X – Local Government
Article XI – Accountability of Public Officers
Article XII – National Economy and Patrimony
Article XIII – Social Justice and Human Rights
Article XIV – Education, Science & Technology,
Culture, Arts and Sports
Article XV – The Family
Article XVI – General Provisions
Article XVII – Amendments/Revisions
Article XVIII – Transitory Provisions

Significance of the principle: it is basic that the

law must be obeyed by all and applies to
everyone, rich or poor, lowly or powerful, without
fear or favor. The observance of the supremacy of
the rule of law by officials, individuals, and the
people as a whole is what will sustain our
democracy and assure the existence of a truly
free, orderly, and equitable society

Dura Lex Sed Lex- the law is harsh, but it is the

law
Salus Populi Suprema Lex Esto- the good of the
people shall be the supreme law