Evolution of

the Philippine
constitution
 The second most important book after
the Bible is the CONSTITUTION.
 The Constitution serves as the protector
against any violation of individual rights
committed by the government and other
entities and the medium to assert faithful
compliance of the government on its
obligations to the citizenry.
 The Philippine Constitution has
undergone several revisions and
amendments to:
Improve the lives of the
people
Promote their welfare
1898
CONSTITUTION
(MALOLOS
CONSTITUTION)
 After the declaration of independence on
June 12, 1898, President Aguinaldo
established a revolutionary government and
called on foreign governments to recognize
the independence of the Philippines.
 He also started reorganizing the local
government and the judiciary then upon the
advise of Apolinario Mabini, election of
delegates to revolutionary congress shall take
place.
 September 15, 1898 – first session
of revolutionary congress was held
in Malolos where they elected their
set of officers.
 January 21, 1899 – the constitution
was eventually approved and
promulgated
 The 1899 Constitution or the Malolos
Constitution is the first constitution drafted by
Filipino lawmakers.
 It established the Republic of the Philippines
with a government that was “popular,
representative, and responsible”.
It made the Philippines the first in Asia to
establish a republican system of government.
One of the most controversial provision that
was included in the Constitution is the
principle of separation of church and state.
Salient
features of
the 1899
constitution
1. The government was composed of three
branches; executive, legislative, and
judiciary. The executive power was vested to
the President who was elected by the
Assembly of Representatives (Legislature).
Legislative power was vested in the
Assembly of Representatives who were
elected by the people. It was a unicameral
legislature. Judicial power was vested to the
Supreme Court and such other courts as
may be created by law.
2. The legislature was more powerful than
the executive department. It elected the
President and the Chief Justice of the
Supreme Court.
3. The Assembly of Representatives, when
not in session, legislative power is exercised
by a Permanent Commission composed of
seven assemblymen.
4. The cabinet secretaries were responsible
to the legislature and not to the President.
 PREAMBLE
“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 Legislature of the
Universe for the attainment of these ends,
have voted, decreed, and sanctioned the
following:”
Philippine republic
 Section 1 provides that the
official name of the country is
“Philippine Republic”
 SOVEREIGNTY RESIDES
ON THE PEOPLE
 Although the Preamble provides
that the system of the government is
representative, the sovereign power
resides on the people.
 GOVERNMENT
Section 4 provides that the
government is popular,
representative, alternative
WHO ARE FILIPINOS?
 Article 6 of the 1899 Constitution enumerates “who are Filipinos” and the
section did not use the word “citizens of the Philippines”.
 All persons born in the Philippine
territory;
 Children of a Filipino father or mother,
although born outside of the Philippines;
 Foreigners who have obtained
certification of naturalization;
 Those who have acquired a domicile
(2yrs) in any town within the Philippine
territory;
 RIGHTS GUARANTEED BY THE
1899 CONSTITUTION
 No Filipino or foreigner shall be detained nor imprisoned
except for the commission of a crime (Title IV, Article 7)
 All persons detained shall be discharged or delivered to the
judicial authority within 24 hours following the act of
detention (Title IV, Article 8)
 No Filipino shall be imprisoned except by virtue of an order by
a competent court (Title IV, Article 9).
 No one shall enter the dwelling house of any Filipino or a
foreigner residing in the Philippines without his consent (Title
IV, Article 10)
 No Filipino shall be compelled to change his residence or
domicile except by virtue of a final judgment (Title IV, Article
11)
 No correspondence confided to the post office be detained or
opened by government authorities, nor any telegraphic or
telephonic messages.
 All orders of imprisonment, of search of a dwelling house, or
detention of written correspondence, telegraph or telephone,
must be justified (Title IV, Article 13).
 No Filipino shall be prosecuted or sentenced, except by a judge
or court of proper jurisdiction (Title IV, Article 14)
 All persons detained or imprisoned not in accordance with legal
formalities shall be released upon his own petition or upon
petition of another person (Title IV, Article 15).
 No one shall be deprived of his property by expropriation
except on grounds of public necessity and benefit (Title IV,
Article 17)
 No one shall be obliged to pay any public tax which had not
been approved by the National Assembly or by local popular
governments (Title IV, Article 18).
 No Filipino shall be deprived of his/her right to freely
express his/her ideas or opinions, orally or in writing,
through the use of the press or other similar means (Title IV,
Article 20)
 No Filipino shall be deprived of his/her right of association
for purposes of human life and which are not contrary to
public morals (Title IV, Article 20)
 No Filipino shall be deprived of his/her right to send
petitions to the authorities, individually or collectively (Title
IV, Article 20)
 Any Filipino may establish and maintain institutions of
learning, in accordance with the laws authorizing them.
Public education shall be free and obligatory in all schools of
the nation (Title IV, Article 23).
 Foreigners may freely reside in Philippines territory, subject
to legal dispositions regulating the matter; may engage in
any occupation or profession for the exercise of which no
special license is required by law to be issued by the national
authorities (Title IV, Article 24)
 No Filipino shall be impeded in his right to travel freely
abroad or in his right to transfer his residence or possessions
to another country (Title IV, Article 25)
 Powers of the
three branches of
the government
under 1899
constitution
 Legislative power
 Elect the President of the Republic
 Act as Tribunal of Tribunal of Justice to
hear and determine crimes committed
against the security of the State by the
President of the Republic and members
of the Council of Government, by the
Chief Justice of the Supreme Court, and
by the Solicitor General of the Nation.
 Promulgate its own Rules
 Examine the legality of the
elections and the legal
qualifications of its elected
members
 Override the veto of the President.
Executive Power
 Initiate the introduction of bills
 Promulgate and execute laws
 Convoke the National Assembly
 Veto power
 Declare war and make and ratify treaties with the prior consent of the
National Assembly
 Supervise civil and military employees in accordance with the laws
 Appoint the Secretaries of the
Government
Direct the diplomatic and commercial
relations with foreign powers.
 Grant Pardon
Preside over all national functions and
receive ambassadors and accredited
representatives of foreign powers.
 The President may be authorized by special
law to:
 Alienate, transfer or exchange any portion of Philippine
territory
 Incorporate any other territory to the Philippine
territory
 Admit the stationing of foreign troops in Philippine
territory
 Ratify of alliance, defensive as well as offensive, special
treaties of commerce
 Grant general amnesties and pardons
 Coin money
 With the prior approval by
majority vote of its members, the
President may dissolve the National
Assembly.
 JUDICIAL POWER
 In the absence of the President,
his functions shall be exercised
by the Chief Justice of the
Supreme Court.
 AMENDMENTS TO THE
CONSTITUTION
Article 89 provides, “The Assembly , on its own
initiative or that of the President of the Republic
, may propose amendments to the Constitution,
indicating what article or articles are to be
amended.” The provision authorizes the
legislature and the President to propose
amendments to the constitution.
 UNIQUE
PROVISIONS IN
THE 1899
CONSTITUTION
1. Official name of the country is specified.
2. Freedom of religion is guaranteed
including separation of church and state.
3. Jus soli as the principle used in the
acquisition of Philippine citizenship.
4. Basic civil and political rights are not
arranged according to their value and
importance.
5. In the absence of the President, his functions shall be
exercised by the Chief Justice of the Supreme Court.
6. Permanent Commission is created during the
adjournment of the Assembly.
7. Chief Justice of the Supreme Court and the Solicitor-
General is chosen by the National Assembly with the
concurrence of the President and the Secretaries of the
Government.
8. The President can dissolve the Assembly.
 1935
CONSTITUTION
 Philippine Commonwealth
 The provisions of the constitution is similar to the
constitution of the United States of America.
 The Constitution was amended twice: first, it was on
October 24, 1939, when the Filipino people ratified
an amendment to the Ordinance appended to the
constitution. The amendment was made because of the
changes in the economic provisions of the Tydings-
McDuffie Act made by the Philippine Economic
Readjustment Act that was enacted by the United
States Congress on August 7, 1939.
 Second, it was in 1940 when three amendments were
ratified by the people in the plebiscite held on June 18,
1940.
 The amendments are the following:
Change in the term of office of the President and
Vice President
The establishment of the bicameral legislature
namely, Senate and House of Representatives
The creation of Commission on Elections, General
Auditing Office, and Civil Service.
 SALIENT FEATURES OF THE
1935 CONSTITUTION

 The 1935 Constitution has a preamble

that is almost totally different from the
1899 Constitution and contains a new
article about national territory. It has
more enumeration of rights in its Bill
of Rights.
 The government was divided into three co-equal
branches – legislative, executive, and judiciary.
Executive power was vested in the President of the
Philippines elected through popular suffrage that will
serve for a term of four years. Legislative power was
vested in a bicameral legislature called Senate and
House of Representatives who were directly elected by
the people while judicial power resides in the Supreme
Court and other lower courts. It has a clear enumeration
of rights of citizens. On the other hand, suffrage can
only be exercised by males, females are not allowed.
 1973
CONSTITUTION
 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 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 10-15, 1973.
 The 1973 Constitution was a constitution
designed for Marcos dictatorship. In the
drafted constitution, it gave him all the powers
of the President under the 1935 Constitution
including the powers of the Prime Minister
and the President under the 2973 Constitution.
The constitution was not ratified in the
manner prescribed by law but through secret
balloting.
AMENDMENTS TO THE CONSTITUTION
Article XVI provides:
 Any amendment to, or revision of, this constitution
may be proposed by the National Assembly upon a
vote of three-fourths of all its members, or by a
constitutional convention
 The National Assembly may, by a vote of two-thirds
of all its members, call a constitutional convention,
or by a majority vote of all its members, submit the
question of calling such a convention to the
electorate in an election.
 Some flaws or Criticisms to
the 1973 Constitution
 Suspension of the privilege of the writ of
habeas corpus and declaration of martial law
have no clear duration as to number of days
 Dual executive with a Vice President with no
clear powers, functions, and duties.
 It deprived the people the authority to elect
the highest officials of the land, the authority
is vested to the National Assembly.
 Opens the possibility of electing a very
young Prime Minister. (25)
 No body to recommend and scrutinize the
competencies of the justices of the Supreme
Court.
 Unicameral Legislature. No system of check
and balances and more time to scrutinize the
legislation.