GEd 105

Readings in Philippine History

Batangas State University

Unit Activity: Position Paper Presentation

Using the suggested readings and the guidelines set above on how to make a strong position
paper, submit a position paper on one of the issues assigned by your instructor

Main Topic IV: The Philippine Constitution

Intended Learning Outcomes
1. analyze the context, content and perspective of different kinds of sources
2. demonstrate the ability to formulate arguments in favor or against a particular issue

Objectives

1. Discuss the concepts and ideas regarding a constitution.

2. Recognize the purposes and classifications of the constitution.
3. Explore on the essential qualities and salient parts of a good written constitution
4. Create a topic diary using comic strip style expressing the learning acquired from this
unit of study.

Lesson Proper

Lesson 1
The Meaning of a Constitution
A. Constitution defined
A Constitution is defined as the fundamental law of a nation or state. It is the constitution
that establishes the character and basic principles of the government. The system that runs the
government is often codified in this written document, which forms the fundamental rules and
principles by which an organization is managed. It is these same principles that make clear the
rights of the individual and creates limitations to government power. A constitution is also
described as “the highest expression of the law”.
Some constitutions, such as the constitution of the United Kingdom are uncodified, but
written in numerous fundamental Acts of legislature, court cases or treaties.
The constitution of India is the longest written constitution of any sovereign country in
the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146, 585
words in its English-language version. On the other hand, the constitution of Monaco is the
shortest written constitution, containing 10 chapters with 97 articles, and a total of 3,814 words.
B. Purposes of a constitution
1. It prescribes the framework of the system or the kind of government that will exist in
the state.

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Batangas State University

2. It creates the different departments and specifies their respective functions and duties.
3. It is the source of the sovereign powers of a government by establishing the fixed, first
or basic principles on which the government is founded.
4. It promotes public welfare, which involves the safety, prosperity, health, and
happiness of the people. The constitution establishes the rights of the people which the
government is obligated to protect. It guarantees freedom of speech, freedom of the press, and
freedom of religion ( People VS Linsangan, 62 Phil 646 ,December 21, 1935).
The constitution is written by a constitutional convention which is a body assembled for
the express purpose of framing or writing a constitution, revising an existing one, or proposing
amendments to it.
After writing the constitution, the draft constitution or its amendments/revisions are
submitted to a plebiscite for ratification in which the peoole will decide whether it is acceptable
to become a law of the land. The results are then considered and followed by the government.
This is different from a referendum in which a law passed by a legislative body is brought before
the people to be voted upon. The results, however, may or may not be considered by the state.
C. Classifications of a Constitution
A constitution is classified as;
1. Written and unwritten.
A written constitution is one in which most of its provisions are embodied in a single formal
written instrument or instruments. It is a work of conscious art and the result of a deliberate
effort to lay down a body of fundamental principles under which government shall be organized
and conducted (Martin, 1960). The classic example of a written constitution is the United States
Constitution. While an unwritten constitution is one which is entirely the product of political
evolution, consisting largely of a mass of customs, usages and judicial decisions together with a
smaller body of statutory enactments of a fundamental character, usually bearing different dates
(Garner, in Cruz, 2002). The English Constitution is an example of an unwritten constitution.
2. Cumulative or evolved and conventional or enacted;
Cumulative and Conventional. A constitution is cumulative or evolved when it has its origin
mainly in custom, common law principles; decisions of courts. It is the product of historical
evolution and growth rather than of deliberate and formal enactment. It has no formal starting
point, is not struck off at a specific date, and it changes by slow gradual accretion rather than by
formal legal process. On the other hand, a conventional or enacted is one, which has been
formulated usually by a constitutional assembly or promulgated by the King (Garner, in Cruz,
2002). It is struck-off at a definite time and place
3. Rigid and flexible
Rigid and Flexible. A rigid constitution is one that can be amended only by a formal and
usually difficult process, while a flexible is one that can be altered by the same body that makes
ordinary laws of the state (Since, 1938). Examples of a rigid constitution are those of the
Philippines and United States, while flexible Constitution includes those of Great Britain,

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 GEd 105
Readings in Philippine History
Batangas State University

Hungary, Italy, and Spain. The 1987 Constitution of the Philippines is classified as written,
enacted and rigid constitution.

D. Essential qualities of a good written constitution

A good written constitution must be broad, brief, and definite. It is broad in the sense that it
outlines an organization of the government for the whole state. Brief, because its nature requires
that only its great outline should be marked, its important objects designated, and the minor
ingredients which composed those objects be deduced from the nature of the objects themselves.
Definite, since any vagueness resulting from the opposing interpretation of the Constitutional
provisions may.cause incalculable harm and chaos to the nation (Martin, 1960; citing Malcolm,
1936).
E. Parts of the Philippine Constitution

1. Constitution of Government. This portion of the constitution describes the framework of

government and its power; and also defines the electorate.
2. Constitution of Liberty. This part enumerates the fundamental rights of the people guaranteed
under the constitution.
3. Constitution of sovereignty. This part indicates the manner of amending or revising the
constitution

Learning Tasks
Answer these questions.
1. Why do we need a constitution? Explain in not less than 100 words.
2. Which classification of a constitution does the 1987 constitution fall? Why? Support your
answer.
3. Explain in not less than 200 words why any vagueness in the interpretation of any
provision of a constitution may cause incalculable harm and chaos to the nation? Give an
example.

Unit Activity. Creating a Topic Diary – Comic Strip Style.

Make a summary of the learning acquired from the topics presented and discussed above.
Using own sketching skills or subscribing to Make Beliefs Comix (digital or printable) create a
topic diary of the summary – comic strip style in not less than 6 panels or not more than 18
panels.

Lesson 2
The Metamorphosis of the Philippine Constitution

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 GEd 105
Readings in Philippine History
Batangas State University

Objectives

1. Compare and contrast the different constitutions that prevailed in the country.
2. Defend the veracity and truthfulness of the facts affecting the evolution of
the Philippine Constitution.
3. Compose a position paper as to which among the seven Philippine constitutions could
have provided the country with social, economic, and political stability.
4. Create a topic diary using comic strip style expressing the learning acquired from this
unit of study.

Lesson Proper

At least seven Philippine Constitutions were framed in our history.

1. The 1897 Constitution of Biak-na-Bato
The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of
General Emilio Aguinaldo fled to the mountains of Biak -na-Bato in San Miguel de Mayumo,
Bulacan. The Spanish forces led by Gen. Miguel Primo de Rivera realized that even though they
could crush the rebels in Bulacan, it did not mean the revolution would end for it was already
widespread in the other provinces. The Spaniards soon sued for a truce with the revolutionary
forces.
In order to consolidate the forces still fighting in the other provinces, Aguinaldo met with
his leaders to establish a recognized government. A revolutionary government had already been
formed in March that year with Aguinaldo as President in Tajeros, San Francisco de Malbon
(now General Trias) in Cavite. It was this government that was now in Biak-na-Bato.
An assembly of Filipino rebel leaders were called and it was agreed that a republican form
of government would be formed. Two Filipinos, Isabelo Artacho and Felix Ferrer were tasked to
write a constitution. Both decided to adopt the previsions of the Constitution framed in
Jimaguayu, Cuba and from this, the Constitution of Biak-na-Bato was formulated.
The Constitution was promulgated by the Philippine Revolutionary Government on
November 1, 1897, and became the provisionary constitution of the government during the
Revolution against Spain.
In spite of being a copied constitution, the Biak-na-Bato Constitution had its own unique
features: its preamble reiterated the objective of the Revolution which was "the seperation of the
Philippine from the Spanish monarchy and their formation into an independent state which its
own government." The government that was formed was a Supreme Council composed of a
President, a Vice- President, a Secretary of the Interior, a Secretary of Foreign Relations, a
Secretary of War, and a Secretary of the Treasury. This Council had sweeping powers of
government which included the power to issue orders and other laws for the security of the State,
to impose and collect taxes, to raise an army, to ratify treaties, and to convene an Assembly of
Representatives." The official language was Tagalog. The judiciary power was vested in another

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Batangas State University

Supreme Council of Justice, Articles XXII to XXV were essentially the Bill of Rights accorded
in every Filipino.
This constitution was to last only for two years during which, at certain periods, it was
superseded by laws and decrees made by Aguinaldo.
2. The 1899 Malolos Constitution ( 1899-1901)
Following the defeat of Spain by the United States in the Spanish-American War in 1898,
the Filipinos began their task of creating the independent nation they valiantly fought for in
1896. On June 12, 1898, Philippine independence was declared and two weeks later, Aguinaldo
ordered the convening of a Congress in Malolos, Bulacan. Elections were held for the delegates
in the provinces that were already free from Spanish forces. For the other areas where battles
against Spaniards were still being fought, Aguinaldo appointed delegates. The Malolos Congress
had its inaugural session at Barasoain Church in Malolos on September 15, 1898 amidst a large
celebration and coverage by both the legal and foreign press. The delegates then convened
Congress and elected its officers. One of its first acts was to ratify the Independence declaration
in Kawit.
The Congress was originally conceived by presidential adviser Apolinario Mabini to be an
advisory body to the President.but another group led by Pedro Paterno decided to create a
constitution to form a government that would be recognized by foreign powers. Mabini was
against this for he believed that peaceful conditions should first prevail before a constitution
should be drafted. He was, however, overruled by Paterno and his allies.
Discussion for the Constitution began on October 25 after the submission of a draft by
Felipe Calderon. Calderon drew inspiration from the constitutions of Mexico, Belgium,
Guatemala, Costa Rica, Brazil and France. One of the heated discussions focused on the issue of
the union of Church and State where Catholicism would be the state religion. This proposal was
voted on twice by the Congress. The first was a tie and the second voting session resulted on the
victory for separation by only one vote. The constitution was approved by the Malolos Congress
on November 29, 1898 and forwarded to President Aguinaldo for approval.
The original draft of the constitution, however, emphasized a popular government which
means supreme power is given to a legislative body since it is representative of the people. This
means that the President as well as the judiciary including the Supreme Court would be selected
by the legislative body which, at that time, was the Malolos Congress. Mabini objected to this
proposal and the approval of the Constitution was delayed. The amendments were made and the
document was finally approved by Aguinaldo on January 21.
The Malolos Constitution was the first republican constitution in Asia. Its main features
were as follows:
1. It was based on democratic traditions in which the government formed was “popular,
representative and responsible” with three distinct branches--the executive, the legislative, and
the judicial.
2. It called for a presidential form of government with the president elected for a term of
four years by the majority of the Assembly convened as a constituent assembly;

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 GEd 105
Readings in Philippine History
Batangas State University

3. It recognized the freedom of religion and the separation of the Church and State;
4. It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners,
through a Bill of Rights ( Article XIX to XIXIII)
The approval of the Constitution and the creation of the republic did not end the strife
between the Congress and Mabini. Mabini was eventually replaced as president of the Cabinet
several months later.
The first Philippine Republic was inaugurated on January 23, 1899 at Barasoain Church
where Emilio Aguinaldo took his oath of office as the first President of the Republic. This was
followed by the reading of the Malolos Constitution and the taking of the oath of loyalty by the
Army.
The Malolos Republic was the first democratic government of the country. It had a form
of governance that included the management of social services, education, creation of an Army,
a monetary system, and diplomatic activities. It even had a government publication in order to
spread to the foreign nations the ideals of the new republic and to ask for support for its
recognition.
The Republic, however, was a short-lived government. Its demise began at the start of the
Philippine- American War in February 1899 and ceased to exist with the capture of President
Aguinaldo in Palanan, Isabela in March 1901. By that time, the Americans had firmly
established themselves as the new colonizers of the Philippines with a military government
running the country. In July 1901, the formally established the first civil government in the
islands.
3. The 1935 Constitution and the Commonwealth Government
For over a decade, the Americans ran the government in the Philippines with Filipinos
given a role in the legislative function when the Philippine Assembly was established in 1907. it
was only during the administration of Governor-General Francis Burton Harrison (1913-1921)
that the Filipinization policy of the government put in place. Filipinos were given a hand in
running the country. Majority of the Philippine Commission members and civil servants were
replaced by Filipinos. Soon, the colonial administration placed much of country’s governance in
the hands of the Filipinos. One year later, the Jones Law of 1916also known as the Philippine
Autonomy Act was passed by the US Congress.
The Jones Law reorganized the government with an American governor-general a
Cabinet, and an all-Filipino legislature composed of the Senate and the House of
Representatives. It also provided both executive and legislative sectors power over domestic
affairs. The new Philippine Legislature was inaugurated on October 16, 1916 with Sergio
Osmena as House Speaker and Manuel Quezon as Senate President. In addition to this, Harrison
also formed the Council of State as an advisory body to the governor-general.
Despite the American concession of letting the Filipinos run their own government, the
prospect of independence was not erased from the minds and hearts of the Filipinos. To address
this, the Jones Law provided the presence of two resident commissioners to the US to sit and
observe the proceedings of the US Congress. They were eventually replaced by a Commission
on Independence or parliamentary missions in the US to petition for Philippine independence.

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 GEd 105
Readings in Philippine History
Batangas State University

From 1918 to 1932, there were at least five Philippine independence missions to the
United States. The efforts paid off with the creation and approval of the Tydings-McDuffie Law
by the US Congress this law was approve on March 24, 1934 and was known as the Philippines
Independence Act. It provided for the drafting and guidelines of a constitution for a 10-year
“transitional period” government before the granting of independence. This was known as the
Commonwealth Government.
Following the signings of Tydings-McDuffie Law, the Philippine began to ready itself for
its transition from colonial country into a self-governing nation.
On July 10,1934, an election an election was held to vote for the delegates to write a
constitution for the Philippines. Two hundred two delegates were elected and convention was
opened on July 30. The draft of the Constitution was finished by January 31, 1935 and was
approved by the convention by February 8. There was only one dissenter, Tomas Cabili of
Lanao, who felt that the Constitution did not serve the people of Mindanao.
The Constitution was approved by US President Franklin Delano Roosevelt on March 23,
1935 and ratified by the Filipino people in a plebiscite on May 14, 1935.
The 1935 Constitution of the Philippines served as the fundamental law of the land from
1935 to 1972. It established the Commonwealth of the Philippines and provides that upon
withdrawal of American sovereignty in the country and the declaration of Philippine
independence, the Commonwealth shall be known as the Republic of the Philippines.
The 1935 Constitution enumerated the composition, powers, and duties of the three
branches of the government (the executive, the legislative, and the judicial) and created the
General Auditing Office and laid down the framework in the establishment of the civil service in
the country. The other provisions included the Bill of Rights, a provision for women’s suffrage
giving the women the right to vote and to be part of the Philippine politics for the first time. The
creation of a Philippine Armed Forces for national defense, and the development of the national
language.
The framing of the 1935 Constitution was momentous event for Filipino people. It
showed the Americans that Filipinos had the capability for self-government with the creation of
the Commonwealth Government in 1935 that led the country’s independence a decade later.
4. The Japanese Occupation and the Second Philippine Republic (1943 Constitution)
The Commonwealth Government was interrupted by the Second Word War and the
Japanese Occupation of the Philippines. The commonwealth under President Manuel Quezon
went into exile in the United States. As part of their policy of attraction in their Greater East Asia
Co-Prosperity Sphere program, the Japanese offered to grant the Philippines its independence.
Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod sa Bagong
Pilipinas or KALIBAPI, a Filipino political party that served as the political party during the
Japanese occupation, convened and elected a Philippine commission for Philippine
Independence (PCPI) to write a new constitution. This was finished and signed on September 4,
1943 in a public ceremony and ratified by the KALIBAPI a few days later. On October 14, 1943,
as provided for in the new constitution, the Second Philippine Republic was inaugurated with
Jose P. Laurel as President.

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 GEd 105
Readings in Philippine History
Batangas State University

The 1943 Constitution was basically a condensed version of the 1935 Constitution
consisting only of a preamble and 12 articles. It was transitory in nature as it was only effective
during the duration of the war. It created a republic with three offices (executive, legislative, and
judicial) but owing to the war, no legislature was convened. Instead, the powers of government
were concentrated with the President. The Bill of Rights basically enumerated the citizen’s duties
and obligations rather than their constitutional rights and Tagalog was declared the national
language.
The 1943 Constitution was recognized as legitimate and binding only in Japanese-
controlled areas of the Philippines but was ignored by the United States government and the
Philippine Commonwealth government in-exile. It was abolished eventually along with the
Second Republic upon the liberation of the Philippines by American forces in 1945 and the re-
establishment of the Commonwealth in the Philippines.
5. The 1973 Constitution and the Marcos Dictatorship
On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel. Its
purpose was to write a new constitution at the Manila Hotel. Its purpose was to write a new
constitution that would meet the new challenges confronting the Philippines Republic that
developed since it was formed in 1946. It was during the second term of President Ferdinand
Marcos that the convention opened.
Almost immediately, the convention became controversial. The delegates concentrated
more on speeches and giving themselves allowances before actually sitting down to discuss the
provisions of the new constitution. Meanwhile, the peace and order situation brought about by
the First Quarter Storm deteriorated with student rallies and other protests rocking the
metropolis. The biggest scandal came when Leyte delegate Eduardo Quintero accused Marcos of
bribing delegates to vote for a provision to extend the presidential term of office and to change
the form of government.
But the convention’s activities soon came to a temporary halt when President Marcos
declared martial law n September 21, 1972. He abolished Congress and reorganized the
government. Several days later, the convention was reconvened and a draft constitution was
finally finished and approved on November 30. Instead of being ratified by a plebiscite,
however, Marcos submitted it to “citizen assemblies” that was formed to approve or reject the
new constitution. The plebiscite was held from January 10-15, 1972 and the constitution was
overwhelming approved. On January 17, 1973, President Marcos signed Proclamation No. 1102
declaring the 1973 Constitution ratified.
The 1973 Constitution provided for a parliamentary form of government in which the
President was the symbolic head of the state and the Prime Minister was the head of government.
The prime Minister, who was nominated by the president, acted as the head of the Cabinet.
Legislative power was vested in the Batasang Pambansa. The constitution also provided
for the establishment of the Civil Service commission, the Commission on Elections, and the
Commission on Audit.
In 1981, amendments were made to the 1973 Constitution and the President was restored
from a symbolic head of state to its original status as the head of the state and chief executive of

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Batangas State University

the country. The amended Constitution also granted the President several powers and functions
which were originally vested in the Prime Minister and the Cabinet.
The 1973 Constitution remained in force until the February 22-25 EDSA People Power
Revolution of 1986 which toppled the Marcos administration. It was abolished with the adoption
of the 1986 Freedom Constitution by the administration of President Corazon Aquino.
6. The Freedom Constitution (1986)
On March 24, 1986, President Aquino signed Proclamation No. 3 entitled “Declaring a
National Policy to Implements the Reforms mandated By the People, Protecting their basic
rights, Adopting a Provisional Constitution, and Providing for an Orderly Transition constitution,
later called the “Freedom Constitution,” was proclaimed, setting aside the 1973 Constitution
thereby recognizing the new Aquino administration as a temporary revolutionary government
until the framing of a new constitution. It basically adopted some provisions of the 1973
Constitution especially the Bill of Rights.
Under the Freedom Constitution, the President continued to exercise legislative powers
until a legislative powers until a legislature was convened under a new constitution. Furthermore,
the President was given the power to appoint the members of a Constitutional Commission
tasked to draft a new charter “truly reflective of the ideals and aspirations of the Filipino people.”
7. The 1987 Constitution
By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on
April 23, 1986 Proclamation No. 9, consisting a Constitutional Commission (CONCOM)
charged with drafting a new constitution not later that September 2, 1986. In line with this
issuance, President Aquino, on May 26, 1986, appointed the 50 CONCOM members
representing the various sectors of society from politics to the arts and to the religion.
On June 2 the ConCom, headed by former Justice Cecilia Munoz Palma, commenced its
sessions at the Batasang Pambansa in Quezon City. The ConCom completed their task on
October 12, 1986 and presented the draft constitution to President Aquino on October 15. After a
period of nationwide information campaign, a plebiscite for its ratification was held on February
2, 1987. An overwhelming 17,059,495 voted to ratify the constitution while 5,058,714 voted
against it.
On February 11, 1987, the New Constitution was proclaimed ratified and in effect. On
the same day, President Aquino, government officials, and the military pledged allegiance to the
New Constitution.
Among its significant provisions are as follows:
1. A presidential system of government restores the bicameral Congress of the
Philippines, composed of a Senate and a House of Representatives.
2. A modified Bill of Rights (Article III) details the rights of every Filipino citizen. Much
emphasis was placed on the writing of this provision after the violations committed during the
Marcos dictatorship. In addition, the constitution includes the abolition of death penalty, except
when Congress provides otherwise with regard to “heinous crimes.”

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Batangas State University

3. The creation of a Commission on Human Rights which under, Section 18, Article XIII,
is tasked to investigate all forms of human rights violation involving civil and political rights. It
provides appropriate legal measures for the protection of human rights of all person within the
Philippines, and several other powers in relation to the protection of human rights.
4. The recognition of Autonomous Region of Muslim Mindanao and the Cordilleras.
5. Limited political autonomy for local government units like the provinces, cities,
municipalities, and barangays and instructing the Congress to establish a Local Government
Code.
The 1987 Constitution consists of 18 articles with a preamble.

Preamble
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 Commission
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 and Technology and Arts
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments and Revision
Article XVIII - Transitory Provisions
Learning Tasks
Answer these questions.
1. What particular provision in any of the seven Philippine Constitutions do you think was
not necessary, not beneficial, and not practical to the Filipino nation? Why? Support your
answer.

2. If given the chance to contribute in the crafting of a new Philippine Constitution, what
constitution of government are you going to propose? Make your stand with supporting
arguments in not less than 250 words.

Unit Activity. Creating a Topic Diary – Comic Strip Style.

Make a summary of the learning acquired from the topics presented and discussed
above. Using own sketching skills or subscribing to Make Beliefs Comix (printable or digital),

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