Learning Module 4.

2 Surigao State College of Technology

MODULE 4.2

TITLE: Social, Political, Economic, and Cultural Issues in Philippine History

TOPIC: The Philippine Constitution

TIME FRAME: 3 hours

INTRODUCTION:
In every country, there is a constitution that governs it. In the Philippines, the
constitution that was being used today is the 1987 Constitution. In this chapter, we will
be delving into the evolution of the constitution way back from the 1897 Constitution
until the present. Along with these constitutions are the historical background to
understand the process of its making. Students will understand the differences of each
constitution and its importance to the specific period of time. Included also in this
chapter are the attempts to change the 1987 Constitution during the Presidency of Fidel
V. Ramos and how it becomes failed. At present, President Rodrigo Duterte advocating
federalism and create a consultative committee to review the 1987 Constitution.

INTENDED LEARNING OUTCOMES: In this lesson, learners will be able to:

a. propose recommendations/solutions to present day problems based on their
understanding of root causes and their anticipation of future scenarios.

PRE-TEST:
EXPLANATION. Direction: Answer the following questions in the space provided.
1. What do you mean by the constitution? Why it is important?

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2. What are the different constitutions in the Philippines? Give a short background in
each constitution.
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GE Hist – Readings in Philippine History

Learning Module 4.2 Surigao State College of Technology

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3. What are the similarities and differences of the constitutions?
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4. Do you agree with the amendments to the 1987 Constitution? Why?
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LEARNING ACTIVITIES:
8.2 THE PHILIPPINE CONSTITUTION
Activity 1: Video Viewing in YouTube about “The Evolution of the
Start Philippine Constitution: A Look Back into the History of Our
here! Constitution.” The video was created by the Civil Service Review TV (2020).
This is the link https://www.youtube.com/watch?v=Ec1m6AMfWg
Questions to Ponder:
1. What is the video all about?
2. What are your learnings so far?
3. Why it is important to know these facts?

Activity 2: Read-Me-Now: Read the following concepts and understand it.

Evolution of Philippine Constitution
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
169

together of distinct entities into one group, with the same principles and ideals.
These principles define the nature and extent of government.

GE Hist – Readings in Philippine History

 Learning Module 4.2 Surigao State College of Technology

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 Purpose of the Constitution

Every permanent organization of individuals, whether public or private,
must have basic rules or laws for its establishment and for the conduct of its
activities. Our entire national, state, and local government system rests on
Constitutions.
In a democracy, the construction of a Constitution is a function of the
people because the people exercise sovereignty and, as a result, decide what
rules and principles they want the government to follow. A portion of this
constituent power is delegated by the people to the legislature by allowing it to
participate in the process of amending the Constitution.
A constitution, to be successful, must be both stable and flexible. It is
rigid in that it can be formally changed only by amendment or replacement
entirely. Flexibility is achieved through decisions made by the legislature, by
the chief executive, and by the courts, all of which do introduce flexibility. Both
our national and the State Constitution are a single document and a rigid variety.
The Constitution supports statutory laws as well as regulations and
actions supported by those laws. But it does even more.
A Constitution provides for the structure of the organization. In
government, it establishes the legislative, executive, and judicial branches. The
structure of each of these branches is spelled out, e.g., for the legislature, two
houses are provided and named and the functions to be performed by each are
specified as well as on restrictions of their functions. The executive offices are
established and the functions of these offices are specified and restrictions as
well may be stated. Courts are established and their functions and restrictions
are also laid.
The methods of selection of the individuals to fill the positions in the
structure are specified. The requirements of individuals to fill those offices and
the length of terms are stated. The functions to be performed by each, the
restrictions on them, and the relationship to other functions
within the structure are provided.
A bill of rights is also included in State Constitution just
as in the National Constitution. These rights are usually stated as
restrictions on the State, although some of the rights are stated
directly, the Constitution may contain statements of various
170

Fig. 1. The Bill of Rights of the Philippines. duties of the citizens of the State or activities in which they may
From The 1987 Constitution of the Philippines:
Article III Bill of Rights, by E. Ecle,
not indulge. The methods of amending or replacing the
https://www.slideshare.net/ErnielGhrizcerEcle/a constitution are also provided by the constitution itself.
rticle-3-sec-69. Copyright 2020 by Slideshare.

GE Hist – Readings in Philippine History

Learning Module 4.2 Surigao State College of Technology

Activity 3 Thinking Out Loud! In your own opinion, why constitution is

important to us? Give specific examples to justify your answer. Refer to the
rubric in oral recitation for the giving of points.
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8.2.1 1897: Biak-na-Bato Constitution
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The Constitution of Biak-na-Bato was the provisionary
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Constitution of the Philippine Republic during the Philippine
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Revolution and was promulgated by the Philippine
Revolutionary Government on 1 November 1897. The
constitution, borrowed from Cuba, was written by Isabelo
Artacho and Félix Ferrer in Spanish, and later on, translated into
Tagalog.
The organs of the government under the Constitution
Fig. 2. The Biak-na-Bato were: (1) the Supreme Council, which was vested with the
Constitution. From Biak
na Bato pact, M. Canete- power of the Republic, headed by the president and four department secretaries:
Trinidad, the interior, foreign affairs, treasury, and war; (2) the Consejo Supremo de
https://www.slideshare.net
/MarcyTrinidad/biak-na- Gracia Y Justicia (Supreme Council of Grace and Justice), which was given the
bato-pact-slideshare.
Copyright 2020 by
authority to make decisions and affirm or disprove the sentences rendered by
Slideshare. other courts and to dictate rules for the administration of justice; and (3) 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.
The Constitution of Biak-na-Bato was never fully implemented, since a
truce, the Pact of Biak-na-Bato, was signed between the Spanish and the
Philippine Revolutionary Army.
Primary Source: Preamble of the Biak-na-Bato Constitution
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 was, begun on the 24th of August, 1896; and, therefore, in its
name and by the power delegated by the Filipino people, interpreting
171

faithfully their desires and ambitions, we the representatives of the

Revolution, in a meeting at Biak-na-Bato, November 1, 1897,

GE Hist – Readings in Philippine History

Learning Module 4.2
Fig. 3. The Inauguration of
Malolos Republic. From
January 23 declared as
First Philippine Republic
Day, G.K. Cabico,
https://www.philstar.com/h
eadlines/2018/04/06/18034
53/january-23-declared-
first-philippine-republic-
day. Copyright 2020 by
PhilStar.
Surigao State College of Technology
unanimously adopted the following articles for the constitution of the
State.
8.2.2 1899: Malolos Constitution
After the signing of the truce, the Filipino revolutionary
leaders accepted a payment from Spain and went to exile in Hong
Kong. Upon the defeat of the Spanish to the Americans in the
Battle of Manila Bay on 1 May 1898, the United States Navy
transported Aguinaldo back to the Philippines. The newly
reformed Philippine revolutionary forces reverted to the control
of Aguinaldo, and the Philippine Declaration of Independence
was issued on 12 June 1898, together with several decrees that
formed the First Philippine Republic. The Malolos Congress was elected, which
selected a commission to draw up a draft constitution on 17 September 1898,
which was composed of wealthy and educated men.
The document they came up with, approved by the Congress on 29
November 1898, and promulgated by Aguinaldo on 21 January 1899, was titled
“The Political Constitution of 1899” and written in Spanish. The Constitution
has 39 articles divided into 14 titles, with eight articles of transitory provisions,
and a final additional article. The document was patterned after the Spanish
Constitution of 1812, with influences from the charters of Belgium, Mexico,
Brazil, Nicaragua, Costa Rica, and Guatemala, and the French Constitution of
1793. According to Felipe Calderon, the main author of the constitution, these
countries were studied because they shared similar social, political,
ethnological, and governance conditions with the Philippines. Prior
constitutional projects in the Philippines also influenced the Malolos
Constitution, namely, the Kartilya and the Sanggunian-Hukuman, the charter of
laws and morals of the Katipunan written by Emilio Jacinto in 1896; the Biak-
na-Bato Constitution of 1897 planned by Isabelo Artacho; Mabini’s
Constitutional Program of the Philippine Republic of 1898; the provisional
constitution of Mariano Ponce in 1898 that followed the Spanish constitutions;
and the autonomy projects of Paterno in 1898.
Primary Source: Preamble of the Political Constitution of 1899
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.
As a direct challenge to colonial authorities of the Spanish empire, the
sovereignty was retroverted to the people, a legal principle underlying the
172
Philippine Revolution. The people delegated governmental functions to civil
servants while they retained actual sovereignty. The 27 articles of Title IV detail
the natural rights and popular sovereignty of Filipinos, the enumeration of
GE Hist – Readings in Philippine History
Learning Module 4.2 Surigao State College of Technology

which does not imply the prohibition of any other rights not expressly stated.
Title III, Article V also declares that the State recognizes the freedom and
equality of all beliefs, as well as the Spanish government in the Philippines,
where the friars were dominant agents of the state.
The form of government, according to Title II, Article 4 is to be popular,
representative, alternative, and responsible, and shall exercise three distinct
power-legislative, executive, and judicial. The legislative power was vested in
a unicameral body called the Assembly of Representatives, members of which
are elected for terms of four years. Secretaries of the government were given
seats in the assembly, which meet annually for a period of at least three months.
Bills could be introduced either by the president or by a member of the
assembly. Some powers not legislative in nature were also given to the body,
such as the right to select its own officers, right of censure and interpellation,
and the right of impeaching the president, cabinet members, the chief justice of
the Supreme Court, and the solicitor-general. A permanent commission of
seven, elected by the assembly, and granted specific powers by the constitution,
was to sit during the intervals between sessions of the assembly.
Executive power was vested in the president, and elected by a
constituent assembly of the Assembly of Representatives and special
representatives. The president will serve a term of four years without re-
election. There was no vice president, and in case of a vacancy, a president was
to be selected by the constituent assembly.
The 1899 Malolos Constitution was never 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
the sovereignty of the Philippines on 10 December 1896.

Activity 4 I Pointed It Out: What can you say about the Malolos Constitution?
Refer to the rubric in oral recitation for the giving of points.
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Learning Module 4.2
Fig. 4. Signing of the Treaty of
Paris, 1898. From Treaty of
Paris, by The Editors of
Encyclopaedia Britannica,
https://www.britannica.com/ev
ent/Treaty-of-Paris-1898.
Copyright 2020 by
Encyclopaedia Britannica.
Fig. 5. (Standing center) Sergio
Osmeña, Manuel Roxas, Pedro
Guevara, Benigno Aquino Sr.
with the American legislators
(seated) including Harry B.
Hawes and Bronson Cutting.
From Hare-Hawes-Cutting Act,
by The National Library,
https://www.flickr.com/photos/
govph/16016088037.
Surigao State College of Technology
8.2.3 1935: The Commonwealth Constitution
It is worth mentioning that after the Treaty of Paris, the
Philippines was subject to the power of the United States of
America, effectively the new colonizers of the country. From
1898 to 1901, the Philippines would be placed under a military
government until a civil government would be put into place.
Two acts of the United States Congress were passed that
may be considered to have qualities of constitutionality. First
was the Philippine Organic Act of 1902, the first organic law
for the Philippine Islands that provided for the creation of a
popularly elected Philippine Assembly. The act specified that legislative
power would be vested in a bicameral legislature composed of the Philippine
Commission as the upper house and the Philippine Assembly as the lower
house. Key provisions of the act included a bill of rights for Filipinos and the
appointment of two non-voting Filipino Resident Commissioners of the
Philippines as representative to the United States House of Representatives.
The second act that functioned as a constitution was the Philippine
Autonomy Act of 1916, commonly referred to as “Jones Law,” which
modified the structure of the Philippine government through the removal of
the Philippine Commission, replacing it with a Senate that served as the
upper house and its members elected it with a Senate that served as the upper
house and its members elected by the Filipino voters, the first truly elected
national legislature. It was also this Act that explicitly declared the purpose
of the United States to end their sovereignty over the Philippines and
recognize Philippine independence as soon as a stable government can be
established.
In 1932, with the efforts of the Filipino independence
mission led by Sergio Osmeña and Manuel Roxas, the United
States Congress passed the Hare-Hawes-Cutting Act with the
promise of granting Filipinos independence. The bill was opposed
by the Senate President Manuel L. Quezon and consequently,
rejected by the Philippine Senate.
By 1934, another law, the Tydings-McDuffie Act, also
known as the Philippine Independence Act, was passed by the
United States Congress that provided authority and defined mechanisms for
the establishment of a formal constitution by a constitutional convention. The
members of the convention were elected and held their first meeting on 30
July 1934, with Claro M. Recto unanimously elected as president.
The constitution was crafted to meet the approval of the United States
government and to ensure that the United States would live up to its promise
to grant independence to the Philippines.
174
Primary Source: Preamble of the 1935 Commonwealth
The Filipino people, imploring the aid of Divine Providence, in order to
establish a government that shall embody their ideals, conserve and develop
GE Hist – Readings in Philippine History
Learning Module 4.2 Surigao State College of Technology

the patrimony of the nation, promotes the general welfare, and secures to
themselves and their posterity the blessings of independence under a regime
of justice, liberty, and democracy, do ordain and promulgate this constitution.
The constitution created the Commonwealth of the Philippines, an
administrative body that governed the Philippines from 1935 to 1946. It is a
transitional administration to prepare the country for its full achievement of
independence. It originally provided for a unicameral National Assembly
with a president and vice president elected to a six-year without re-election.
It was amended in 1940 to have a bicameral Congress composed of a Senate
and a House of Representatives, as well as the creation of an independent
electoral commission, and limited the term of office of the president and vice
president to four years, with one re-election. Rights to suffrage were
Fig. 6. President D. originally afforded to make citizens of the Philippines who are twenty-one
Roosevelt. From U.S.
Presidents with the Most years of age or over and are able to read and write; this was later on extended
Vetoes, by M. Anderson, to women within two years after the adoption of the constitution.
https://www.britannica.com/l
ist/9-us-presidents-with-the- While the dominant influence in the constitution was American, it also
most-vetoes. Copyright 2020
by Encyclopaedia Britannica,
bears traces of the Malolos Constitution, the German, Spanish, and Mexican
Inc. constitution, constitutions of several South American countries, and the
unwritten English Constitution.
The draft of the constitution was approved by the constitutional
convention of 8 February 1935, and ratified by then U.S. President Franklin
D. Roosevelt on 25 March 1935. Elections were held in September 1935 and
Manuel L. Quezon was elected President of the Commonwealth.
The Commonwealth was briefly interrupted by the events of World War
II, with the Japanese occupying the Philippines. Afterward, upon liberation,
the Philippines was declared an independent republic on 4 July 1946.

Activity 5 It’s Time! Based on the readings, what are the important dates in
the 1935 Constitution? Refer to the rubric in oral recitation for the giving of
points.
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175

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Learning Module 4.2
Fig. 7. The declaration of
Martial Law. From OPINION:
The frailty of our Martial Law
‘education’, by J. Tirol,
https://cnnphilippines.com/life/
culture/politics/2016/11/15/mar
tial-law-education-
opinion.html. Copyright 2015
by Nine Media Corp.
Surigao State College of Technology
8.2.4 1943: Constitution During Japanese Occupation
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. The
executive power is vested in the President, who is to be elected by the
members of the National Assembly from among themselves. The President
is the head of the government, and the commander-in-chief of the Armed
Forces. The powers of the President are: to veto any bill of the Assembly,
to promulgate provisions when the Assembly is not in session and in times
of war or national emergency, to declare martial law, to suspend the
privilege of the writ of habeas corpus, and to appoint the members of the
Council of State and officials of the local government. A limited legislative
power is exercised by the unicameral National Assembly whose members,
like the President are not directly elected by the people. Rather, the
Assembly is to be composed of representatives from each province elected
in KALIBAPI conventions throughout the country with appointed
governors and mayors as ex-officio members. The Judicial power is
exercised by the Supreme Court whose justices, together with judges of
lower courts, are to be appointed by the President. The 1943 Constitution
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.
8.2.5 1973: Constitutional Authoritarianism
In 1965, Ferdinard E. Marcos was elected president, and in 1967,
Philippine Congress passed a resolution calling for a constitutional
convention to change the 1935 Constitution. Marcos won the re-election in
1969, in a bid boosted by campaign overspending and use of government
funds. Elections of the delegates to the constitutional convention were held
on 20 November 1970, and the convention began formally on
1 June 1971, with former President Carlos P. Garcia being
elected as convention president. Unfortunately, he died and
was succeeded by another former president, Diosdado
Macapagal.
Before the convention finished its work, Martial Law
was declared. Marcos cited a growing communist insurgency
as the reason for the Martial Law, which was provided for in
the 1935 Constitution. Some delegates of the ongoing constitutional
convention were placed behind bars and others went into hiding or were
voluntarily exiled. With Marcos as a dictator, the direction of the convention
176
turned, with accounts, that the president himself dictated some provisions of
the constitution, manipulating the document to be able to hold on to power
GE Hist – Readings in Philippine History
Learning Module 4.2 Surigao State College of Technology

for as long as he could. On 29 November 1972, the convention approved its

proposed constitution.
The constitution was supposed to introduce a parliamentary-style
government, where legislative power was vested in a unicameral National
Assembly, with members being elected to a six-year term. The president was
to be elected as the symbolic and ceremonial head of state chosen from the
members of the National Assembly. The president would serve a six-year
term and could be re-elected to an unlimited number of terms. Executive
power was relegated to the Prime Minister, who was also the head of
government, and Commander-in-Chief of the Armed Forces who was also to
be elected from the National Assembly.
President Marcos issued Presidential Decree No. 73 setting the date of
the plebiscite to ratify or reject the proposed constitution on 30 November
1973. This plebiscite was postponed later on since Marcos feared that the
public might vote to reject the constitution. Instead of a plebiscite, Citizen
Assemblies were held, from 10-15 January 1973, where the citizens coming
together and voting by hand, decided on whether to ratify the constitution,
suspend the convening of the Interim National Assembly, continue Martial
Law, or place a moratorium on elections for a period of at least several years.
The President, on 17 January 1973, issued a proclamation announcing that
the proposed constitution had been ratified by an overwhelming vote of the
members of the highly irregular Citizen Assemblies.
The constitution was amended several times. In 1976, Citizen
Assemblies, once again, decided to allow the continuation of Martial Law,
as well as approved the amendments: an Interim Batasang Pambansa to
substitute for the Interim National Assembly, the president to also become
the Prime Minister and continue to exercise legislative powers until Martial
Law was lifted and authorized the President to legislate on his own on an
emergency basis. An overwhelming majority would ratify further
amendments succeedingly. In 1980, the retirement age of members of the
judiciary was extended to 70 years. In 1981, the parliamentary system was
formally modified to a French-style, semi-presidential system where
executive power was restored to the president, who was, once again, to be
directly elected; and Executive Committee was to be created, composed of
the Prime Minister and 14 others, that served as the president’s Cabinet; and
some electoral reforms were instituted. In 1984, the Executive Committee
was abolished and the position of the vice president was restored.
After all the amendments introduced, the 1973 Constitution was merely
a way for the President to keep executive powers, abolish the Senate, and by
any means; never acted as a parliamentary system, instead functioned as an
authoritarian presidential system, with all the real power concentrated in the
177

hands of the president, with the backing of the constitution.

GE Hist – Readings in Philippine History

 Learning Module 4.2 Surigao State College of Technology

Fig. 8. Ninoy Aquino. From
Palace posts Ninoy Aquino’s
undelivered arrival speech,
N. Gutierrez,
https://www.rappler.com/nati
on/ninoy-aquino-death-
anniversary-arrival-speech.
The situation in the 1980s had been very turbulent. As Marcos amassed
power, discontent has also been burgeoning. The tide turned swiftly when in
August 1983, Benigno Aquino Jr., opposition leader and regarded as the most
credible alternative to President Marcos, was assassinated while under
military escort immediately after his return from exile in the United States.
There was widespread suspicion that the orders to assassinate Aquino came
from the top levels of the government and the military. This event caused the
coming together of the non-violent opposition against the Marcos
authoritarian regime. Marcos was then forced to hold “snap” elections a year
early and said elections were marred by widespread fraud. Marcos declared
himself a winner despite international condemnation and nationwide
protests. A small group of military rebels attempted to stage a coup, but
failed; however, this triggered what came to be known as the EDSA People
Power Revolution of 1986, as people from all walks of life spilled onto the
streets. Under pressure from the United States of America, who used to
support Marcos and his Martial Law, the Marcos family fled into exile. His
opponent in the snap elections, Benigno Aquino Jr.’s widow, Corazon
Aquino, was installed as president on 25 February 1986.

Activity 6 Straight to the Point! Based on the readings, are you in favor of the
Martial Law declaration of President Ferdinand E. Marcos? Refer to the rubric
in oral recitation for the giving of points.
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GE Hist – Readings in Philippine History

Learning Module 4.2
Fig. 9. President Corazon C.
Aquino. From Strength &
Serenity, J. R. Ramirez,
https://www.philstar.com/oth
er-
sections/newsmakers/2015/01
/27/1417099/strength-
serenity. Copyright 2020 by
PhilStar Global.
Fig. 10. The Cabinet Members of the
Philippines. From Philippines Cabinet
Members 2018, by Bangmuin,
http://bangmuin.xyz/philippines-
cabinet-members-2018/
Fig. 11. The legislative branch of the Philippines. geographic area and makes up around 80% of the total number
From What Type of Government Does the
Philippines Have? by
https://www.worldatlas.com/articles/what-type-of-
government-does-philippines-have.html.
Copyright 2020 by WorldAtlas.
Surigao State College of Technology
8.2.6 1987: Constitution After Martial Law
President Corazon Aquino’s government had three options regarding the
constitution: revert to the 1935 Constitution, retain the 1973 Constitution and
be granted the power to make reforms, or start anew and break from the
vestiges of a disgraced dictatorship.” They decided to make a new
constitution that, according to the president herself, should be “truly
reflective of the aspirations and ideals of the Filipino people.”
In March 1986, President Aquino proclaimed a transitional constitution
to last for a year while a Constitutional Commission drafted a permanent
constitution. This transitional constitution, called the Freedom Constitution,
maintained many provisions of the old one, including in rewritten form the
presidential right to rule by decree. In 1986, a constitutional convention was
created, composed of 48 members appointed by President Aquino from
varied backgrounds and representations. The convention drew up a
permanent constitution, largely restoring the setup abolished by Marcos in
1972, but with new ways to keep the president in check, a reaction to the
experience of Marco’s rule. The new constitution was officially adopted on
2 February 1987.
The Constitution begins with a preamble and eighteen self-contained
articles. It established the Philippines as a “democratic-republican State”
where “sovereignty resides in the people and all government authority
emanates from them.” It allocates governmental powers among the
executive, legislative, and judicial branches of the government.
The Executive branch is headed by the president and his cabinet,
whom he appoints. The president is the head of the state and the chief
executive, but his power is limited by significant checks from the two
other co-equal branches of government, especially during times of
emergency. This is put in place to safeguard the country from the
experience of martial law despotism during the presidency of Marcos.
In cases of national emergency, the president may still declare martial
law, but not longer than a period of sixty days. Congress, through a
majority vote, can revoke this decision, or extend it for a period that
they determine. The Supreme Court may also review the declaration of
martial law and decide if there were sufficient justifying facts
for the act. The president and the vice president are elected at
large by a direct vote, serving a single six-year term.
The legislative power resides in a Congress divided into
two houses: the Senate and the House of Representatives. The
24 senators are elected at large by popular vote and can serve
no more than two consecutive six-year terms. The House is
composed of district representatives representing a particular
179
B. Sawe,
of representatives. There are 234 legislative districts in the
Philippines that elect their representatives to serve three-year
GE Hist – Readings in Philippine History
Learning Module 4.2
Fig. 12. The judicial branch of
the Philippines. From SC
orders probe vs. 4 judges
linked to “Ma’am Arlene”, by
C. Diola,
https://www.philstar.com/head
lines/2014/07/31/1352376/sc-
orders-probe-vs-4-judges-
linked-maam-arlene.
Copyright 2020 by PhilStar
Global.
Fig. 13. Independent
Constitutional Commissions
in the Philippines. From The
Philippine Constitutional
Commissions, by E. Tusi,
https://www.slideshare.net/er
wintusi/the-philippine-
constitutional-commissions.
Copyright 2020 by Slideshare.
Surigao State College of Technology
terms. The 1987 Constitution created a party-list system to
provide spaces for the participation of under-represented
community sectors or groups. Party-list representatives may fill
up not more than 20% of the seats in the House.
Aside from the exclusive power of legislation, Congress
may also declare war, through a two-thirds vote in both upper
and lower houses. The power of legislation; however, is also
subject to an executive check, as the president retains the power
to veto or stop a bill from becoming law. Congress may only
override this power with a two-thirds vote in both houses.
The Philippine Court system is vested with the power of
the judiciary and is composed of a Supreme Court and lower
courts as created by law. The Supreme Court is a 15-member court appointed
by the president without the need to be confirmed by Congress. The
appointment president makes, however, is limited to a list of nominees
provided by a constitutionally specified Judicial and Bar Council. The
Supreme Court Justices may hear, on appeal, any cases dealing with the
constitutionality of any law, treaty, or decree of the government, cases where
questions of jurisdiction or judicial error are concerned, or cases where the
penalty is sufficiently grave. It may also exercise original jurisdiction over
cases involving government or international officials. The Supreme Court is
also in charge of overseeing the functioning and administration of the lower
courts and their personnel
The Constitution also established three independent
Constitutional Commissions, namely, the Civil Service
Commission, a central agency in charge of government
personnel, the Commission on Elections, mandated to enforce
and administer all election laws and regulations; and the
Commission on Audit, which examines all funds, transactions,
and property accounts of the government and its agencies.
To further promote the ethical and lawful conduct of the government,
the Office of the Ombudsman was created to investigate complaints that
pertain to public corruption, unlawful behavior of public officials, and other
public misconduct. The Ombudsman can charge public officials before the
Sandiganbayan, a special court created for this purpose.
180
GE Hist – Readings in Philippine History
Learning Module 4.2
Fig. 14. President Fidel V.
Ramos. From President of
the Philippines, by A.
Gomez,
https://www.pinterest.ph/
pin/191051209168263879
/. Copyright 2020 by
Pinterest.
Surigao State College of Technology
Changing the Constitution is a perennial issue that crops up, and terms such
as “Cha-Cha,” “Con-Ass,” and “Con-Con” are regularly thrown around.
Article XVII of the 1987 Constitution provides for three ways by which the
Constitution can be changed.
Congress (House of Representatives and the Senate) may convene as a
Constituent Assembly (or Con-Ass) to propose amendments to the
Constitution. It is not clear, however, if Congress is to vote as a single body
or separately. How the Congress convenes as a Con-Ass is also not provided
for in the Constitution.
Another method is through the Constitutional Convention (or Con-Con),
where Congress, upon a vote of two-thirds of all its members, calls for a
constitutional convention. They may also submit to the electorate the
question of calling a convention through a majority vote of all its members.
In a Con-Con, delegates will propose amendments or revisions to the
constitution, not Congress. The 1987 Constitution does not provide for a
method by which delegates to the Con-Con are chosen.
The third method is called the “People’s Initiative” (or PI). In this method,
amendments to the Constitution may be proposed by the people upon a
petition of at least 12% of the total number of registered voters. All
legislative districts must be represented by at least 12% of the registered
voters therein. No amendment is allowed more than once every five years
since a successful PI. The 1987 Constitution directs Congress to enact a law
to implement provisions of the PI, which has not yet materialized.
Amendments or revisions to the constitution shall be valid only when
ratified by a majority of the votes cast in a national referendum.
Only the House of Representatives can initiate the impeachment of the
president, members of the Supreme Court, and other constitutionally protected
public officials such as the Ombudsman. The Senate will then try the
impeachment case. This is another safeguard to promote moral and ethical
conduct in the government.
 Attempts to Amend or Change the 1987 Constitution
The 1987 Constitution provided for three methods by which the
Constitution can be amended, all requiring ratification by a majority vote in a
national referendum. These methods were the Constituent Assembly, the
Constitutional Convention, and the People’s Initiative. Using these modes, there
were efforts to amend or change the 1987 Constitution, starting with the
presidency of Fidel V. Ramos who succeeded Corazon Aquino. The first
attempt was in 1995 when the Secretary of National Security Council Jose
Almonte drafted a constitution, but it was exposed to the media and it never
prospered. The second effort happened in 1997, when a group called PIRMA
hope to gather signatures from voters to change the constitution through a
181
people’s initiative. Many were against this, including then Senator Miriam
Defensor-Santiago, who brought the issue to court and won – with the Supreme
GE Hist – Readings in Philippine History
Learning Module 4.2 Surigao State College of Technology

Court judging that a people’s initiative cannot push through without an enabling
law.
The succeeding president, Joseph Ejercito Estrada, formed a study
commission to investigate the issues surrounding charter change focusing on
the economic and judiciary provisions of the constitution. This effort was also
blocked by different entities. After President Estrada was replaced by another
People Power and succeeded by his Vice President, Gloria Macapagal-Arroyo,
then House Speaker Jose de Venecia endorsed constitutional change through a
Fig. 15. President Estrada.
From President Joseph Constituent Assembly, which entails a two-thirds vote of the House to propose
Ejercito-Estrada, A.
Cristobal,
amendments or revision to the Constitution. This initiative was also not
https://www.flickr.com/ph successful since the term of President Arroyo was mired in controversy and
otos/govph/14728676254
scandal, including the possibility of Arroyo extending her term as
president, which the Constitution does not allow.
The administration of the succeeding President Benigno Aquino
III had no marked interest in charter change, except those emanating
from different members of Congress, including the Speaker of the
House, Feliciano Belmonte Jr., who attempted to introduce
amendments to the Constitution that concern economic provisions
Fig. 16. President Benigno Aquino III. From
Speech of President Benigno Aquino III at the
that aim toward liberalization. This effort did not see the light of day.
2013 Independence Day celebration: Full Text,
by MC Reporter,
https://www.manilachannel.com/local/speech-
of-president-benigno-aquino-iii-at-the-2013-
independence-day-celebration-full-text/.
Copyright 2020 by Manila Channel.

Federalism in the Philippines was supported by President Duterte in the 2016

presidential elections, saying that it will evenly distribute wealth in the
Philippines instead of concentrating it in Manila, the capital of the country.
As a form of government, a central governing authority and constituent
political units constitutionally share sovereignty. Applied to the Philippines,
the country will be broken into autonomous regions. Each region will be
further divided into local government units. The regions will have the primary
responsibility of industry development, public safety and instruction,
education, healthcare, transportation, and many more. Each region will also
take charge of their own finances, plans for development, and laws exclusive
to their area. The national government, on the other hand, will only handle
matters of national interest such as foreign policy and defense, among others.
In this system, it is possible for the central government and the regions to
share certain powers.
Our current system is that of a unitary form, where administrative powers and
resources are concentrated in the national government. Mayors and governors
would have to rely on allocations provided to them through a proposed budget
that is also approved by the national government, a system prone to abuse.
There are many pros to a federal form of government. Each region may
custom-fit solutions to problems brought about by their distinct geographic,
182

cultural, social, and economic contexts. Regions also have more power over
their finances, since they handle the majority of their income and only

GE Hist – Readings in Philippine History

Learning Module 4.2 Surigao State College of Technology

contribute a small portion to the national government. They can choose to

directly fund their own development projects without asking for the national
government’s go signal. A federal system could also promote specialization
since the national government could focus on nationwide concerns while
regional governments can take care of administrative issues.
A federal form of government could also solve a lot of decade-old problems in
the country. It may be a solution to the conflict in Mindanao since a separate
Bangsamoro region could be established for Muslim Mindanao. It could
address the inequality in wealth distribution and lessen the dependence on
Metro Manila since regions can proceed with what they have to do without
needing to consider the situation in the capital.
There are also cons to federalism. While it creates competition among regions,
it could also be a challenge to achieving unity in the country. There might be
regions that are not ready to govern themselves or have lesser resources, which
could mire them deeper in poverty and make development uneven in the
country. There could be issues regarding overlaps in the jurisdiction, since
ambiguities may arise where national ends and regional begins, or vice versa.
As a proposed solution to the conflict in Mindanao, we must also remember
that the Autonomous Region in Muslim Mindanao (ARMM) has already been
created, and the conflict still continues. Federalism may not be enough for
those who clamor the separation.
Any effort to shift the system of government also entails costs, and it would
not be cheap. It would cost billions to dismantle the current system and would
take a long time before the system normalizes and irons out its kinks.
In an upsurge of populism, President Rodrigo Duterte won the
2016 presidential elections in a campaign centering on law and order,
proposing to reduce crime by killing tens of thousands of criminals. He is
also a known advocate of federalism, a compound mode of government
combining a central or federal government with regional governments in a
single political system. This advocacy is in part an influence of his
background, being a local leader in Mindanao that has been mired in
Fig. 17. President Rodrigo Duterte. From Philippine
poverty and violence for decades. On 7 December 2016, President Duterte
president Duterte revokes amnesty of political
opponent over historic attempted coup, T. Barnes, signed an executive order creating a consultative committee to review the
https://www.independent.co.uk/news/world/asia/rodri
go-duterte-philippines-antonio-trillanes-iv-amnesty-
arrest-coup-a8522526.html.
1987 Constitution.

Activity 7 I’m a JUDGEr: Do you think federalism will work in the

Philippines? Refer to the rubric in oral recitation for the giving of points.
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
183

____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
GE Hist – Readings in Philippine History
____________________________________________________________
____________________________________________________________
____________________________________________________________
Learning Module 4.2 Surigao State College of Technology

The activities presented in this module will be graded for oral recitation.
Below is the rubric how the students will be graded.
Rubric for Oral Recitation
4 3 2 1 Score
Superior Adequate Minimal Inadequate
Content The speaker The speaker The speaker The speaker
provides a focuses includes some says practically
variety of types primarily on irrelevant nothing. The
of content relevant content. The speaker focuses
appropriate for content. The speaker wanders primarily on
the task, such as speaker sticks off the topic. The irrelevant
generalizations, to the topic. The speaker uses content. The
details, speaker adapts words and speaker appears
examples, and the content in a concepts which to ignore the
various forms of general way to are inappropriate listener and the
evidence. The the listener and for the situation.
speaker adapts the situation. knowledge and
the content in a experiences of
specific way to the listener (e.g.,
the listener and slang, jargon,
situation. technical
language).
Organization The message is The message is The organization The message is
overtly organized. The of the message is so disorganized
organized. The listener has no mixed up and you cannot
speaker helps the difficulty random. The understand
listener understanding listener must most of the
understand the the sequence make some message.
sequence and and assumptions
relationships of relationships about the
ideas by using among the ideas sequence and
organizational in the message. relationship of
aids such as The ideas in the ideas.
announcing the message can be
topic, outlined easily.
previewing the
organization,
using
transitions, and
summarizing.
Language The speaker uses The speaker has The speaker The speaker
grammar correct commits one or commits
correctly. The grammar and two minor multiple
speaker uses the vocabulary grammar errors. grammar errors
some advanced is most The vocabulary and uses
language and appropriate for use is too inappropriate
effectively uses the purpose and elementary or not vocabulary.
the appropriate the audience. effective.
vocabulary for
the purpose and
for the audience.
184

Total
Reference: https://www.uen.org/rubric/previewRubric.html?id=19 &
https://mcb.unco.edu/pdf/communications-rubrics/Oral-Rubric.pdf

The issue of federalism arises in the time of President Rodrigo Duterte.

To understand better this concept and if it is advantageous or not, better watch
this video on YouTube from Kabayan Radio entitled “Federal Republic of the
Philippines: Ano nga ba ang Federalismo? This video was created by the
Hugpong Federal Movement in the Philippines. This is the link
https://www.youtube.com/watch?v=_Q7OHSNLEEw

SELF-EVALUATION:
SIX-STEP PROBLEM SOLVING MODEL
Direction: In 300 to 500 words, write your proposed recommendations/solutions
if there is a need to change the 1987 Constitution. Do you think it is time to adapt the
federal style of the government? Write your answer in Microsoft Word and pass it in
the designated post in Google classroom. Find the process of the Six-Step Problem
Solving Model and the rubric in Module 4.1.
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
REVIEW__________________________________________________________________
OF CONCEPTS:
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 one
__________________________________________________________________
group, with the same principles and ideals.
__________________________________________________________________
In the Philippines, there are five constitutions that were being crafted. The first
__________________________________________________________________
one is the 1897 Constitution of Biak-na-Bato that was the provisionary Constitution of
185

the Philippine Republic during the Philippine Revolution and was promulgated by the
Philippine Revolutionary Government on 1 November 1897. The constitution,
borrowed from Cuba, was written by Isabelo Artacho and Félix Ferrer in Spanish, and

GE Hist – Readings in Philippine History

Learning Module 4.2 Surigao State College of Technology

later on, translated into Tagalog. However, this constitution was never fully
implemented, since a truce, the Pact of Biak-na-Bato, was signed between the Spanish
and the Philippine Revolutionary Army.
The second one is the 1899 Malolos Constitution that was approved by the
Malolos Congress on November 29, 1898, draft returned by President Aguinaldo on
December 1, 1898, for amendments, which the Congress refused; approved by
President Aguinaldo on December 23, 1898, and formally adopted by the Malolos
Congress on January 20, 1899, promulgated by President Emilio Aguinaldo on January
21, 1899.
The third one is the 1935 Constitution that was approved by the 1934
Constitutional Convention on February 8, 1935, certified by the President of the United
States on March 25, 1935, and ratified by plebiscite on May 14, 1935. The fourth one
is the 1943 Constitution as approved by the Preparatory Committee on Philippine
Independence, September 4, 1943, and ratified by the KALIBAPI Convention on
September 7, 1943.
The fifth one is the 1973 Constitution that was presented to President Marcos
by the 1971 Constitutional Convention on December 1, 1972, and deemed ratified by
Citizens’ Assemblies held from January 10 to 15, 1973, proclaimed in force by
Proclamation by President Marcos on January 17, 1973. This constitution was also
amended on October 16-17, 1976, on January 30, 1980, and April 7, 1981.
The last one is the 1987 Constitution which was approved by the 1986
Constitutional Commission on October 12, 1986, that was presented to President
Corazon C. Aquino on October 15, 1986. It was ratified on February 2, 1987, by a
plebiscite. It was proclaimed in force on February 11, 1987.
There are some attempts to amend or change the 1987 Constitution. At the time
of Fidel V. Ramos, the first attempt is when the Secretary of National Security Council
Jose Almonte drafted a constitution, but it was exposed to the media and it never
prospered. The second effort happened in 1997 when a group called PIRMA hope to
gather signatures from voters to change the constitution through a people’s initiative.
President Joseph Ejercito Estrada formed a study commission to investigate the
issues surrounding charter change focusing on the economic and judiciary provisions
of the constitution while President Gloria Macapagal-Arroyo, then House Speaker Jose
de Venecia endorsed constitutional change through a Constituent Assembly, which
entails a two-thirds vote of the House to propose amendments or revision to the
Constitution.
In the administration of President Benigno Aquino III, he had no interest in
charter change while President Rodrigo Duterte advocated federalism and signed an
executive order creating a consultative committee to review the 1987 Constitution.

POST-TEST:
EXPLANATION.
186

Direction: Answer the following questions in the space provided. A rubric is

given for your guidance in giving the points.
1. Why there is a need to have a constitution in a country?

GE Hist – Readings in Philippine History

Learning Module 4.2 Surigao State College of Technology

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________.
2. Why there are different constitutions in the Philippines? What are these constitutions
and its characteristics?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________.
3. What are the main differences between the constitutions?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________.
4. Are you in favor of having a new constitution at present? Why or why not?
187

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

GE Hist – Readings in Philippine History

Learning Module 4.2 Surigao State College of Technology

_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________.

Rubric
1pt Answer is incorrect but there is some correct support.
2pts Answer is correct but no support is provided.
3pts Answer is correct and there is some support.
4pts Answer is correct and the support is developed.
5pts Answer is correct and the support is fully developed.

REFERENCES:

Main References:
Books
Candelaria, J. L. P., Alporha, V. C. (2018). Readings in Philippine History. Rex
Printing Company, Inc.

Umali, V., Ramos, O., Amvida, M. Maliban, N. (2018). Readings in Philippine History.
Jodeh Publishing

Martinez, R. M., Bumidang, J. G., Tayaban, D. B., Battung, J. T., Fragata, R. D.,
Viloria, M. I., Dulay, M. J., Cristobal, J. M. (2018). The Readings in Philippine
History. Mindshapers Co., Inc.

Solmerano, E., Palencia, M., & Galicia, R. (2019). Readings in Philippine History
(2nd ed.). Azes Publishing Corporation.

Supplemental References
Anderson, M. (n.d.). 9 U.S. Presidents with the Most Vetoes [Photograph].
Encyclopaedia Britannica. https://www.britannica.com/list/9-us-presidents-
with-the-most-vetoes
Barnes, T. (2018, September 4). Philippine president Duterte revokes amnesty of
political opponent over historic attempted coup [Photograph]. Independent.
https://www.independent.co.uk/news/world/asia/rodrigo-duterte-philippines-
antonio-trillanes-iv-amnesty-arrest-coup-a8522526.html
Cabico, G. K. (2018, April 6). January 23 declared as First Philippine Republic
Day [Photograph]. PhilStar Global.
188

https://www.philstar.com/headlines/2018/04/06/1803453/january-23-declared-
first-philippine-republic-day

GE Hist – Readings in Philippine History

Learning Module 4.2 Surigao State College of Technology

Canete-Trinidad, M. (2013, March 9). Biak na Bato pact [Photograph]. Slideshare.

https://www.slideshare.net/MarcyTrinidad/biak-na-bato-pact-slideshare
Civil Service Review TV. (2020, April 23). The Evolution of the Philippine
Constitution: A look back into the History of our Constitution [Video].
YouTube. https://www.youtube.com/watch?v=Ec1m6AMfWgs
Cristobal, A. (2014, July 22). President Joseph Ejercito-Estrada [Photograph]. Flickr.
https://www.flickr.com/photos/govph/14728676254
Diola, C. (2014, July 31). SC orders probe vs. 4 judges linked to “Ma’am
Arlene” [Photograph]. PhilStar Global.
https://www.philstar.com/headlines/2014/07/31/1352376/sc-orders-probe-vs-
4-judges-linked-maam-arlene
Ecle, E. (2015, November 8). The 1987 Constitution of the Philippines: Article III Bill
of Rights [Illustration]. Slideshare.
https://www.slideshare.net/ErnielGhrizcerEcle/article-3-sec-69
Gomez, A. (n.d.). President of The Philippines [Photograph]. Pinterest.
https://www.pinterest.ph/pin/191051209168263879/
Gutierrez, N. (2015, August 20). Palace posts Ninoy Aquino’s undelivered arrival
speech [Photograph]. Rappler. https://www.rappler.com/nation/ninoy-aquino-
death-anniversary-arrival-speech
Kabayan Radio. (2018, August 7). Federal Republic of the Philippines: Ano nga ba
ang Federalismo [Video]. YouTube.
https://www.youtube.com/watch?v=_Q7OHSNLEEw
MC Reporter. (2013, June 12). Speech of President Benigno Aquino III at the 2013
Independence Day celebration: Full Text [Photograph]. Manila Channel.
https://www.manilachannel.com/local/speech-of-president-benigno-aquino-iii-
at-the-2013-independence-day-celebration-full-text/
Philippines Cabinet Members 2018. (n.d.). [Illustration]. Bangmuin.
http://bangmuin.xyz/philippines-cabinet-members-2018/
Ramirez, J. R. (2015, January 27). Strength & Serenity [Photograph]. PhilStar Global.
https://www.philstar.com/other-
sections/newsmakers/2015/01/27/1417099/strength-serenity
Sawe, B. (2018, November 14). What Type of Government Does the Philippines
Have? [Photograph]. WorldAtlas. https://www.worldatlas.com/articles/what-
type-of-government-does-philippines-have.html
The Editors of Encyclopaedia Britannica. (2019, December 3). Treaty of
Paris [Illustration]. Encyclopædia Britannica.
https://www.britannica.com/event/Treaty-of-Paris-1898
189

The National Library. (2015, January 5). Hare-Hawes-Cutting Act [Photograph].

Flickr. https://www.flickr.com/photos/govph/16016088037

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Learning Module 4.2 Surigao State College of Technology

Tirol, J. (2016, November 15). OPINION: The frailty of our Martial Law
‘education’ [Illustration]. CNN Philippines.
https://cnnphilippines.com/life/culture/politics/2016/11/15/martial-law-
education-opinion.html
Tusi, E. (2016, December 22). The Philippine Constitutional
Commissions [Illustration]. Slideshare. https://www.slideshare.net/erwintusi/the-
philippine-constitutional-commissions

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