The evolution of

Philippines Constitution
Introduction evolution of the philippines constitutuion

The constitution is defined as a set of fundamental principles

or established precedents according to which a state or other
organization is governed, thus, the word itself means to be a
part of a whole, the coming together of distinct entities into Constitution
one group, with the same principles and ideals. These principles
define the nature and extent of government.

The Constitution of the Philippines, the supreme law of the

Republic of the Philippines, has been in effect since 1987.
There were only three other constitutions that have
effectively governed the country: the 1935 Commonwealth
Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution. However, there were earlier constitutions
attempted by Filipinos in the struggle to break free from the
colonial yoke.
 The evolution of philippines constitution

1897 Biak-na- 1935 Commonwealth 1943 1987

bato Constitution Constitution Constitution

1899 Malolos 1973 1986 Provisional

Constitution Constitution “Freedom” Constitution
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Biak-na-Bato
A charter based on the Cuban Constitution was 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 also
outlined certain basic human rights, such as freedom of
religion, freedom of the press, and the right to education.
Emilio Aguinaldo and Mariano Trias were elected Supreme
Council president and vice president, respectively.
 Biak-na-Bato Constitution
Emilio Aguinaldo established his headquarters in Biak-na-Bato in Bulacan province. The news
immediately spread throughout the country, and the revolutionaries were once more in high spirits.
General llanera, who was in Nueva Ecija, declared his support for Aguinaldo.

In July 1897, Aguinaldo established the Biak-na-Bato Republic and issued a proclamation stating the
following demands:
1. Expulsion of the friars and the return of the friar lands to the
Filipinos
2. Representation in the Spanish Cortes
3. Freedom of the the press and of religion
4. Abolition of the government’s power to banish Filipinos
5. Equality for all before the law
 D

ORGANS OF THE GOVERNMENT

• The Supreme Council, which was vested with the power of the Republic, headed by the president
and four department secretaries: the interior, foreign affairs, treasury, and war;
• The Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice), which was
given the authority to make decisions and affirm or disprove the sentences rendered by other
courts and to dictate rules for the administration of justice; and
• The Asamblea de Representantes (Assembly of Representatives), which was to be convened after
the revolution to create a new Constitution and to elect a new Council of Government and
Representatives of the people.
 Title of your presentation.

pact of biak-na-bato

Emilio Aguinaldo pedro paterno gen. primo de rivera

volunteered to be the
negotiator between aguinaldo
and gen. de rivera
 the Did You Know?
pact of biak-na-bato
• The treaty was agreed by both parties on December 14,1897.
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Provisions;
1. Aguinaldo will be exiled in Hongkong.
2. Payment of P800,000.
3. Two generals of the the Spanish Army be taken as hostage and
P400,000 be given.
4. Another P900,00 for families who suffered because of the war.
Out of the P1,700,00 only P600,00 were given to Aguinaldo

Elected Officials On December 23, 1897, Generals Celestino Tejero and

President- Emilio Aguinaldo Ricardo Monet of the Spanish army arrived in Biak-na-
Vice Pres.- Mariano Trias Bato and became hostages of the rebels. A ceasefire was
Sec. of Foreign Affairs- Antonio declared by both camps and an agreement between
Montenegro Aguinaldo and the Spanish forces was made -that the
Sec. of Interior- Isabelo Artacho
Spanish government will grant self-rule to the Philippines
Sec. of War- Emilio Riego de Dios.
in 3 years if Aguinaldo went to exile and surrender his arms.
Sec. of Treasury- Baldomero Aguinaldo.
.
 Malolos Constitution
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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.
On September 15, 1898, the first session of the revolutionary
congress was held in Malolos where elected were elected
their set of officers, it was also in the course of the session
that it decided to draft a constitution. President
Aguinaldo sat with his cabinet facing delegates on both sides
of the aisle. The Congress adopted the parliamentary rules
of the Spanish Cortes.
malolos constitution
The committee to draft the constitution was composed of 19 members with Felipe Calderon as
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the chairman, it studied the three constitutional drafts submitted the Mabini plan, the Paterno
plan, and the Calderon plan.

The document they came up with approved by the Congress on November 29, 1898, and promulgated
by Aguinaldo on January 1899 was titled “ The Political Constitution of 1899” and written in
Spanish the constitution has 39 articles divided into 14 titles.

As direct challenge to colonial authorities of the Spanish empire, the sovereignty was
retroverted to the people , a legal principle underlying the Philippine Revolution.
malolos constitution
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Debetable discussions on draft constitution's Article 5 title III, focusing on religion and
separation of church and state, led to popular, representative, alternative, and responsible
government form.

The 1899 Malolos constitution was never found enforced due to the ongoing war. The Philippines
was effectively a territory of the United States upon the signing of the Treaty of Paris between
Spain and the United States transferring sovereignty of the Philippines on December 10, 1898.
1935 commonwealth
constitution
The 1935 Philippine Constitution, ratified by a
constitutional plebiscite, established the Philippine
Commonwealth, following the Tydings-McDuffie Act
of the United States, which detailed the steps for
Philippine independence.

The original 1935 Constitution provides, inter alia, for a

Unicameral Legislature and single six-year term for
the President, it was amended in 1940 to have a bicameral
Congress composed of a Senate and House
Representatives, as well as the creation of an
independent Commission on Election
1935 constitution
The government was divided into
D three branches legislative, executive, judiciary. Executive
power was vested in the president of the Philippines, legislative power as vested in a bicameral
legislature called senate and house the representative, while the judicial power resides in the
supreme court and lower court.

SECTION 1. The National Assembly, by a vote of three-fourths of all its Members, may propose
amendments to this Constitution or call a convention for that purpose. Such amendments shall
be valid as part of this Constitution when approved by a majority of the votes cast at an election
at which the amendments are submitted to the people for their ratification.

It was ratified on May 17, 1935, establishes the commonwealth of the Philippines, defining its
power, composition, and organization of the government of the Philippines Islands.
1935 constitution
Some observations in 1935
Constitution.
• The preamble is very short.
• No state policies
• Impartial trial
• Congress have the power to declare war
• President can serve for eight consecutive years.
• No specific numbers of days in the declaration of martial law.
 1943 japanese government
1943
CONSTITUTION
The 1943 Constitution was the constitution of the
Japanese-sponsored Second Republic of the
Philippines (1943-1945).
It 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.

The 1943 constitution was drafted by a appointed by the Philippine executive commission, The body
establish by the Japanese to administer the Philippines in lieu of the commonwealth of the Philippines
which had established a government-in-exile. In mid 1942 Japanese PRIMIER HIDEKI TOJO had promised
the Filipinos "the honor of independence" which meant the commission would be supplanted by a formal
republic.
The new Constitution was approved by the Preparatory
Committee on Philippine Independence on September 4, 1943.
The new Constitution was ratified by the KALIBAPI on
September
1 7, 1943. 2
On October 14, 1943, in ceremonies in front of the Legislative
Building in Manila, the new Republic was inaugurated, and Jose P.
Laurel, the Chairman of the Preparatory Committee, assumed
office as President.

3
Jose P. Laurel
4

He was the president of the Second Philippine Republic, a

Japanese puppet state when occupied during World War II,
from 1943 to 1945.
 1943 Constitution
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The 1943 Constitution provided strong executive powers. The

Legislature consisted of a unicameral National Assembly and only

those considered to be anti-US could stand for election,

although in practice most legislators were appointed rather than

elected.
 content of the constitution
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The 1943 Constitution of the Republic of the Philippines, composed of a preamble and twelve

articles, creates a Republican state with a powerful executive branch and subordinate

legislative and judicial branches.

It enumerates the duties and rights of the citizens, requires the government to develop

Tagalog as the national language, and stipulates that one year after the termination of the

Great East Asia War or the World War II; a new constitution shall be formulated and

adopted to replace this Constitution.

1943 12 articles

Article I: The Republic of the Philippines

Article II: The Executive
Article III: The Legislature
Article IV: The Judiciary
Article V: Impeachment
Article VI: Citizenship
Article VII: Duties and Rights of the Citizen
Article VIII: Conservation and Utilization of Natural
Resources
Article IX: General Provisions
Article X: Amendments
Article XI: Transitory Provisions
Article XII: Special Provisions
 1973 marcos administration
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The 1973 Constitution was a constitution designed

for Marcos dictatorship. the drafted constitution,
it gave him (President Marcos) all the power of the
President under the 1935 Constitution including
the powers of the Prime Minister and the President
under the 1973 Constitution. The constitution was
not ratified in the manner prescribed by law but
through secret balloting.
1973 constitutionCharacteristics
it was during the second term of president marcos that the
constitutional convention was called to draft the new constitution.
It took more than two years before the delegates finally signed the
1 2
draft of the constitution, this is because martial law was declared in
the country. By January 17, 1973, he issued Proclamation No. 1102
declaring the constitution in full force and effect. It was ratified by
the people in referendum on January 10-25, 1973.
What is the significance of the 1973
3 4 Constitution?
The adoption of the 1973 Constitution supposed a great improvement in
the regulation of social justice and social rights in comparison to the
previous constitutional texts, but civil and political rights continue
having a preeminent character.
what is the historical events that happened
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in 1986 ?
People Power Revolution (February 22-25, 1986): The non-
violent uprising, also known as the EDSA Revolution, saw
millions of Filipinos from diverse societal sectors
converging along Epifanio de los Santos Avenue (EDSA) in
Metro Manila. The movement, marked by mass
demonstrations and acts of civil disobedience, sought to
peacefully oust President Ferdinand Marcos, who had
been in power for over 20 years. The revolution
culminated in the departure of Marcos and the
installment of Corazon Aquino as the new president,
signifying a historic triumph of people-driven democratic
resistance.
 1986

Corazon "Cory" Aquino assumed the presidency of the

Philippines on February 25, 1986. Her inauguration
marked a significant milestone in the nation's history,
symbolizing the peaceful transition to democratic
governance following the People Power Revolution. As
the 11th President of the Philippines, Aquino played a
pivotal role in guiding the country through a period of
profound political and social transformation,
embodying the aspirations of the Filipino people for
freedom, democracy, and justice.
 1986 provisional “freedom” constitution
The Provisional
D or Freedom Constitution of march 5,
1986, implemented under the administration of
President Corazon Aquino, did not contain
traditional articles like a permanent constitution.
Instead, it consisted of key provisions and principles
aimed at guiding the transitional government during
a critical period of political change. The main focus
of the Provisional Constitution was to restore
democratic governance and to provide a legal
framework for the transition from the Marcos
regime to a new era of democratic leadership. Some of
the key principles and provisions contained within the
Freedom Constitution included:
 1. Recognition of Civil Liberties: The Constitution
affirmed and upheld the civil liberties and
fundamental rights of the Filipino people, ensuring
freedom of speech, assembly, and association.

2. Dissolution of the Batasang Pambansa: The Provisional Constitution

dissolved the Batasang Pambansa (National Assembly) under the previous
regime and established a new legislative structure.
 3. Sequestration of Ill-Gotten Assets:
- The Freedom Constitution authorized the
sequestration of assets and properties that
were unlawfully acquired by public officials
and individuals connected to the previous
regime. This provision aimed to address the
issue of corruption, plundering of public
resources, and economic injustices that had
occurred during the Marcos era. It signified
a commitment to holding individuals
accountable for their ill-gotten wealth and
to rectifying past abuses of power.
 4. Commitment to Democratic Principles:
- The Freedom Constitution reaffirmed
the commitment to democratic principles,
the rule of law, justice, and human
rights. It symbolized a decisive shift
away from authoritarian rule and an
adherence to democratic norms. This
commitment set the tone for the new
government's approach to governance and
served as a guiding principle in the
restoration of democratic institutions
and practices.
 Salient features of 1986 constitution
It was a transitional constitution that lasted a year before a new
commission was formed which was the 1987 Philippines Constitution

These provisions collectively represented a critical turning point

in Philippine history, signaling the restoration of civil liberties,
the dismantling of undemocratic structures, the pursuit of
accountability, and the recommitment to democratic governance.
The 1986 Freedom Constitution provided a temporary yet essential
legal framework that laid the groundwork for the subsequent
establishment of the 1987 Constitution, which solidified the
enduring principles and institutions of democratic governance in
the Philippines.
 Constitution of
the Philippine (1987)
* After the 1986 EDSA Revolution, the newly-installed
President Corazon Aquino issued a Proclamation No. 9 creating
the Constitutional Commission of 1986 to draft a new
constitution.
* Oct 12, 1986, the commissioners approved the draft constitution
with a vote of 45 in favor againts 2 who are not in favor.
* Feb 2, 1987, the draft of the New Constitution was submitted to
the people for ratification in a plebiscite.
* On Feb 11, 1987, President Aquino issued Proclamation No. 58
declaring the new constitution has been ratified by the Filipino
people and is therefore effective and in full force and effect.
 Salient Features of the 1987 Constitution

* The Preamble of the 1987 Constitution retained some of the words of the previous
1
constitutions. 2
* The Provision on National Territory is almost similar with the inclusion of new
words like “sovereignty or jurisdiction”, “terrestrial” and “fluvial”.
* The 1987 Constitution has provided mechanism to prevent the rise again of a new
dictator. It limits the number of days in declaring martial law or suspending the
privilege of the writ of habeas corpus.
3 4
* It included a provision on “initiative and referendum” wherein the people may
directly propose or enact laws.
* It also provides a more democratic representation in the Lower house (House of
Representatives) through the Party-List System.
 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 blessing 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.”

National Territory
* The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines.
 features of 1987 constitution

Article 1: NATIONAL TERRITORY

Article 2: DECLARATION OF PRINCIPLES AND STATE POLICIES
Article 3: BILL OF RIGHTS
Article 4: CITIZENSHIPS
Article 5: SUFFRAGE
Article 6: LEGISLATIVE DEPARTMENT
Article 7: EXECUTIVE DEPARTMENT
Article 8: JUDICIAL DEPARTMENT
Article 9: CONSTITUTIONAL COMMISSIONS
 CONCLUSION
CONCLUSION
1897 Biak-na- 1935 Commonwealth 1943 1987
bato Constitution Constitution Constitution

1899 Malolos 1973 1986 Provisional

Constitution Constitution “Freedom” Constitution
T
Presented By:
SAID, FATMAH D.
AVILA, ELLAINE JOYCE
GONZALES, MA. AERIN DONITA A.
RICO, ROCHELLE
TAMPOS, STEFANIE P.
T

THANK YOU!!!