Polytechnic University of the

Philippines

PART 1
What is Constitution?
• A constitution comes from the Latin word "constitutio"
meaning fixed, established or settled

• is a set of fundamental principles or established precedents

according to which a state or other organization is
governed.
Kinds of Constitution
ACCORDING TO ORIGIN OR HISTORY
1. Enacted or Conventional
One which is enacted by a constituent assembly or
granted by a monarch to his subjects.
2. Cumulative or Evolved
One which is a product of growth or a long period of
development originating in customs, traditions, judicial
decisions, etc., rather than from a deliberate or formal
enactment.
Kinds of Constitution
ACCORDING TO FORM
1. Written
One which has been given definite written form at a
particular time, usually by a specially constituted
authority called a "constitutional convention.”
2. Unwritten
One which is entirely the product of a constitutional
evolution, consisting largely of a mass of customs,
usages, and judicial decisions together with a smaller
body of statutory enactments of a constitutional
character, usually bearing different dates.
Kinds of Constitution
ACCORDING TO MANNER OF AMENDING
1. Rigid or inelastic
One regarded as a document of special which
cannot be amended or altered except by some
special machinery more cumbrous than the
ordinary legislative process.
2. Flexible or elastic
One which possesses no higher legal authority
than ordinary laws and which may be altered in
the same way as other laws.
Philippine Constitution
The Constitution of the Philippines (Filipino:
Saligang Batas ng Pilipinas) is the constitution or
supreme law of the Republic of the Philippines. Its
final draft was completed by the Constitutional
Commission on October 12, 1986 and was ratified
by a nationwide plebiscite on February 2, 1987.
The Philippine Constitution may be classified as
conventional or enacted, written, rigid or inelastic.
It was drafted by an appointive body called
"Constitutional Commission."
 BEFORE & DURING
SPANISH COLONIZATION

PART 2
Early Social Organization
• Barangay - earliest political unit, generally small consisting from 30-
100 households and headed by the chieftain called Datu.
• Datu - the most powerful person in barangay who has the legislative,
judicial and executive powers.
Social Classes:
1. Maharlika (nobles) - the highest class, composed of datu, his family
and relatives, council of elders or datu’s advisers and others who by
wealth, heredity or deeds were highly respected by society.
2. Timawa (freemen) - the second class, they are the common people
and the tax payer.
3. Alipin (dependents) - the lowest class, they are the servants and
workers of society.
Aliping Namamahay
Aliping Saguiguilid
Ayuey-alipin owned by an alipin.
Social of during Pre – Spanish Era
Pre – Spanish Era
In ancient barangays, there are two kinds of laws
such as the oral laws and written laws.
ORAL LAWS – consisted of customs which people
have to abide by, which were transmitted to them
orally from generation to generation.
WRITTEN LAWS – were promulgated by the datu in
coordination with council of elders.

Earliest Examples:
• Code of Maragtas
• Code of Kalantiyaw
• The Code of Maragtas semi-historical document
dated between 1200 to 1250 and was previously
known as the oldest written laws in the
Philippines. The Code of Maragtas or Sumakwel
Code contained laws written by Datu sumakwel,
one of the ten Bornean datus who left Borneo in
search for freedom and new territories.

• The '''Code of Kalantiaw''' was a mythical legal

code in the epic story '''Maragtas''' It said to be
written in 1433 by Datu Kalantiaw a chief on the
island of Negros in the Philippines
Several ways by which trial by ordeal was done:
• The river ordeal
• Boiling water ordeal
• Candle ordeal
• Chewing of Uncooked rice ordeal
Reasons for Colonization (3G’s)
• God
• Glory
• Gold
Miguel Lopez de Legazpi - have the most successful
expedition after Ferdinand Magellan.
• The first governor-general in the Philippines during
June 21, 1569.
 Political Institution during the
Spanish Regime
• Governor general - appointed by Spanish monarchy
as the head of Spanish colonial government in the
country.
• Alcalde mayor - headed the provincial government
or the alcaldia.
• Gobernadorcillo - headed the pueblo or towns. It is
the highest political position that a Filipino can
occupy.
• Cabeza de barangay - headed the barangay
Social Stratification during
Spanish Era

• Peninsulares
• Insulares
• Creoles
• Indios
 Government
Structure of the
Philippines under
Spain
 HISTORICAL CONSTITUTIONS

1897 (Biak-na-Bato Constitution)

1899 (The Malolos Constitution)
TIMELINE

1935 (Commonwealth and Third Republic)

1943 (Japanese Sponsored Republic)
1973 (Martial Law Constitution)
1986 (Freedom Constitution)
BIAK-NA-BATO CONSTITUTION
and
MALOLOS CONSTITUTION
PART 3
 President of the First Philippine Republic

No. in Era President Took Office Left Office Party Vice President

1 Emilio Aguinaldo January 23, 1899 March 23, 1901 Non-partisan None
Biak-na-Bato Constitution
• May 10, 1897 – Andres Bonifacio & Procopio Bonifacio died at
the Mt. Nagpatong in Maragondong mountains.
• May 17, 1897 – Governor – General Primo de Rivera extended a
decree granting pardon for those Filipinos surrendering beyond
the initial deadline.
• July 2, 1897 - Governor – General Primo de Rivera issued a
decree which prohibited inhabitants from leaving their villages
and towns.
• July 1897 – Aguinaldo established the Biak – na – Bato Republic
in Bulacan province.
• The proclamation entitled “To the Brave Sons of the
Philippines” was issued.
“To the Brave Sons of the Philippines”
( Revolutionary Demands )
• The expulsion of the Friars and the return to the Filipinos of the
lands which they had appropriated for themselves;
• Representation in the Spanish Cortes;
• Freedom of the press and tolerance of all religious aspects;
• Equal treatment and pay for Peninsular and Insular Civil
servants;
• Abolition of the power of the government to banish civil
servants;
• Legal equality of all persons.
• November 1, 1897 – Biak – na – Bato Constitution was signed.
• The Constitution of the New Republic which was plagiarized from
the Cuban Constitution of Jimaguayu was prepared by Felix Ferrer
& Isabelo Artacho.

The Officials of the Biak – na – Bato Republic

SUPRREME COUNCIL

President --------------------------------------------- Emilio Aguinaldo

Vice – President------------------------------------- Mariano Trias
Secretary of Interior-------------------------------- Isabelo Artacho
Secretary of Foreign Affairs----------------------- Antonio Montenegro
Secretary of Treasury------------------------------- Baldomero Aguinaldo
Secretary of War------------------------------------- Emiliano Riego de Dios
 The Biak – na – Bato Pact
August 9, 1897 – Pedro A. Paterno brought Primo de
Rivera’s offer of the peace to Aguinaldo’s headquarters.
• It took four months before Paterno was able to come up
with a peace agreement, called the Pact of the Biak- na –
Bato.
• Signed by Paterno as representative of the revolutionists
and Primo de Rivera for the Spanish government on
December 14 and 15 , 1897.
Principal Conditions of the Pact were:
• That I would, and any of my associates who desired to go with
me, be free to live in any foreign country. Having fixed upon
Hongkong as my place of residence, it was agreed that payment
of the indemnity of $800,000 (Mexican Peso) should be made in
three instalments, namely:
• $400,000 when all the arms in Biak – na – Bato were delivered to
the Spanish authorities;
• $200,000 when the arms surrendered amounted to eight
hundred stand;
• The final payment be made when one thousand stand of arms
shall have been handed over to the authorities and the Te Deum
sung in the Cathedral in Manila as thanksgiving for the restoration
of peace. The latter part of February was fixed as the limit of time
wherein the surrender of arms should be completed.
• The whole of the money was to be paid to me personally, leaving the
disposal of the money to my discretion and knowledge of the
understanding with my associates and other insurgents;
• Prior to evacuating Biak – na – Bato the remainder of the insurgent
forces under Captain – General Primo de Rivera should send to Biak
– na – Bato two General of the Spanish Army to be held as hostages
by my associates who remained there until I and a few of my
compatriots arrived in Hongkong and the first instalment of the
money payment (namely, four hundred thousand dollars) was paid
to me.
• It was also agreed that the religious corporations in the Philippines
be expelled and an autonomous system of government, political and
administrative, be established, though by special request of General
Primo de Rivera these conditions were not insisted on in the drawing
up of the Treaty, the General contending that such concessions
would subject the government to severe criticism and even ridicule.
 The Malolos Constitution, 1899
(The First Republic)

• Malolos Constitution was promulgated on January 21, 1899.

It was the First Republican Institution in Asia. The document
declares that people have sovereignty.
• It states basic civil rights, the separation of church and state,
and calls for the creation of an assembly of Assembly of
Representatives which would act as the legislative body.
• It also calls for a Presidential form of government with the
president elected for a term of four years by a majority of the
Assembly.
• The Malolos Constitution established Spanish as the official
language of the Philippines.
The Malolos Constitution
• Political Constitution of 1899 - informally known as the Malolos
Constitution, was the basic law of the first Philippine Republic.
• Emilio Aguinaldo - was proclaimed the president of the Philippine
Republic in Malolos.
• May 18, 1898 - Aguinaldo established Dictatorial Government.
• In September, the Congress was convoked at Malolos and a
constitution prepared to guide the government in its progress toward
republicanism.
• December 1898 – Treaty of Paris.
• May 24, 1898 – Aguinaldo issued a decree formally establishing the
Dictatorial Government which nullified the orders issued under the
authority of the Biak-na-Bato Republic.
• June 5, 1898 – Aguinaldo issued a decree setting aside June 12 as the
day for proclamation of Philippine Independence.
• June 12, 1898 - proclamation of the independence of the Philippines
at Cavite el Viejo (Kawit).
The most important achievements of the Malolos Congress:
1. In September 29, 1898, ratified the declaration of Philippine
independence held at Kawit, Cavite on June 12, 1898
2. Passage of a law that allowed the Philippines to borrow P20 million
from banks for government expenses
3. Establishment of the Universidad Literatura de Filipinas and other
schools
4. Drafting of the Philippine Constitution 5.)Declaring war against the
United States on June 12, 1899.

A committee to draft the constitution was created, with Felipe G.

Calderon as its mort prominent member.
In the session of October 8, Calderon presented the draft of his
constitution.
Printed copies of it were made on October 21, and discussions began at
October 25.
• January 21,1899 - Aguinaldo promulgated what is now known
as the Malolos Constitution.
• The Malolos Constitution: important Filipino document ever
produced by the people's representative.

The Malolos Constitution is unique for three reasons:

because of the provisions making the Assembly or the
legislative branch superior to either the executive or the judicial
branch.
because it provided for a Permanent Commission to sit as a
legislative body when the Assembly was not in session.
because it established a unicameral legislature
COMMONWEALTH AND THIRD REPUBLIC
(THE 1935 CONSTITUTION)
and
JAPANESE SPONSORED REPUBLIC

PART 4
 Commonwealth and Third Republic
(1935 Constitution)

• This constitution was drafted not for the Philippine

Commonwealth alone but for the republic of the
Philippines.
• The 1935 Constitution was written in 1934, approved
and adopted by the Commonwealth of the Philippines
(1935-1946) and later used by the Third Republic of
the Philippines (1946-1972).
• It was written with an eye to meeting the approval of
United States Government as well, so as to ensure that
the U.S. would live up to its promise to grant the
Philippines independence.
Japanese Sponsored Republic, 1943
(Second Republic)
• It was inaugurated on October 14, 1943, the exact
date when Japan proclaimed the independence of the
Philippines, with Jose P. Laurel as its president.
• It composed of a preamble and twelve
articles, creates Republican state with
a powerful executive branch and
subordinate legislative and judicial
branches.
Executive power is vested in the President.
Jose P. Laurel
• Head of government 3rd Philippine President
(1943-1945)

• Commander-in-Chief in Armed Forces

The Powers of the President are:
• to veto any bill of the Assembly
• to promulgate regulations when the Assembly
is not in session and in times of war or
emergency
• to declare martial law
• to suspend the privilege of the writ of habeas
corpus
• to appoint the members of the Council of State
and officials of the local government.
Presidents of the Philippine Commonwealth
No. in President Took Office Left Office Party Vice President
Era
1 Manuel L. Quezon November 15, 1935 August 1, 1944 Nacionalista Sergio Osmeña

2 Sergio Osmeña August 1, 1944 May 28, 1946 Nacionalista Vacant

3 Manuel A. Roxas May 28, 1946 April 15, 1948 Liberal Elpidio Quirino

President of the Second Philippine Republic

No. in President Took Office Left Office Party Vice President
Era
1 Jose P. Laurel October 14, 1943 August 17, 1945 KALIBAPI None
Presidents of the Third Philippine Republic
No. in President Took Office Left Office Party Vice President
Era
1 Manuel Roxas May 28, 1946 April 15, 1948 Liberal Elpidio Quirino

2 Elpidio Quirino April 17, 1948 December 30, Liberal Fernando

1953 Lopez
3 Ramon Magsaysay December 30, March 17, 1957 Nacionalista Carlos P. Garcia
1953
4 Carlos P. Garcia March 18, 1957 December 30, Nacionalista Diosdado
1961 Macapagal
5 Diosdado December 30, December 30, Liberal Emmanuel
Macapagal 1961 1965 Pelaez
6 Ferdinand Marcos December 30, February 25, 1986 Nacionalista/ Fernando
1965 KBL Lopez/ None
(during Martial
Law)
THE MARTIAL LAW
CONSTITUTION
(1973 Constitution)

PART 5
 Martial Law Constitution, 1973
( The Fourth Philippine Republic)

Ferdinand E. Marcos
• House of Representative Ferdinand Marcos
10th Philippine President
• Senate (1965-1986)

• 1966-1972
• 1972-1981
• 1981-1986
• President
• Constitutional Convention of 1970
Republic Act No. 6132 or Constitutional
Convention Act (August 24, 1970), tasked to
draft a new Charter to replace the 1935
Constitution of the Philippines.
• November 10, 1970 - Election of the delegates to the Convention

• June 1, 1971 - the Constitutional Convention formally began

• September 21, 1972 - Proclamation No. 1081 –Martial Law o Batas

Militar

• November 29, 1972 - the Convention approved its

proposed Constitution of the Philippines.

• November 30, 1972 - President Marcos issued Presidential Decree

No.73 setting the date of the plebiscite to be held on January 15, 1973
for the ratification or rejection of the proposed Constitution.

• December 31, 1972 - Presidential Decree No. 86, created the Barangays
(Citizen Assemblies) in order to broaden the base of citizen
participation in the democratic process and to afford ample
opportunities for the citizenry to express their views on important
• January 17, 1973 - President Ferdinand Marcos issued
Proclamation No. 1102, announcing the ratification of the 1973
Constitution.

Parliamentary system of government.

• The president was ideally elected as the symbolic and purely
ceremonial head of state chosen from amongst the Members
of the National Assembly for a six year term and could be re-
elected to an unlimited number of terms.
• Legislative power was vested in a unicameral National
Assembly whose members were elected for six-year terms.
• Prime minister is elected from among the members of National
Assembly and serves as the head of government and
commander in chief of the Philippines Armed Forces
• Prime minister exercised the executive power
1976 Amendments to the Constitution

September 22, 1976

• President Marcos issued Presidential Decree No. 1033 proposing
amendments to the Constitution.

The 1976 amendments:

• Interim Batasang Pambansa (IBP) substituting for the Interim
National Assembly
• The President would also become the Prime Minister and he would
continue to exercise legislative powers until martial law should have
been lifted.

October 16-17, 1976

• majority of barangay voters (Citizen Assemblies) approved that
martial law should be continued and ratified the amendments to the
Constitution proposed by President Marcos.
• April 7, 1978 – first election for Batasang Pambansa
• January 17, 1981 President Marcos lifted martial law Proclamation No. 2045
• April 7, 1981
1981 and 1984 Amendments to the Constitution
• Presidential system of government
• President was restored from a mere symbolic head of state to its original
status--as the head of state and chief executive of the country.
• The Office of the President has been restored to its original status under the
1935 Constitution
• The Prime Minister became the Head of Cabinet.
• Legislative power is vested in a unicameral Batasang Pambansa.
• Abolished Executive Committee and restored the position of Vice- President
• June 16, 1981 the first presidential election after twelve years
• Cesar Virata (1981 - 1986) - American-educated leader and Wharton
graduate
• On August 21, 1983, opposition leader Benigno Aquino Jr. was assassinated on
the tarmac at Manila International Airport.
• February 7, 1986 – snap election
• February 25, 1986
Presidents of the Fourth Philippine Republic
No. in President Took Office Left Office Party Vice President
Era
1 Ferdinand December 30, 1965 February 25, • Nacionalista • Fernando Lopez
Marcos 1986 • KBL • None (during
Martial Law)

2 Corazon February 25, 1986 June 30, 1992 UNIDO Salvador Laurel
Aquino
THE FREEDOM CONSTITUTION
(1987)

PART 6
History:
• Benigno Aquino Jr. was assassinated
upon returning from exile in August 21,
1983.
• Led to protests rallies and clamor.
• US $ 12 Million lost of capital a day.
• Debt with US $ 24.6 Billion
• Marcos was forced to hold a Snap
Election on February 1986.
 Freedom Constitution, 1987
(The Fifth Philippine Republic)
• Following the EDSA People Power Revolution that
removed President Ferdinand E. Marcos from office,
the new President, Corazon C. Aquino issued
Proclamation No. 3 as a provisional constitution and
granted the President broad powers to reorganize
the government and remove officials from office,
and mandated that the president would appoint a
commission to draft a new constitution.

Corazon Aquino
11th Philippine President
(1986-1992)
Preamble of the 1987 Constitution
“We, the sovereign Filipino people, imploring the aid
of Almighty God, in order to build a just and humane
society, and establish a Government that shall
embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the
blessings of independence and democracy under the
rule of law and a regime of truth, justice, freedom,
love, equality, and peace, do ordain and promulgate
this Constitution.”
The 1987 Constitution established a representative
democracy with power divided among three separate and
independent branches of government:
• Executive Branch - is headed by the
President and his appointed Cabinet.

• Legislative Branch - power is

vested in a Congress which is
divided into two Houses, the
Senate and the House of
Representatives.
• Judicial Branch - Court system in the
Philippines exercises the judicial
power of government and it is made up
of a Supreme Court and lower courts
created by law.
How to amend the 1987 Constitution?

Article XVII section 1 of the 1987 Constitution provides

the procedure for its amendment or revision, viz:

Section 1. Any amendment to, or revision of, this

Constitution may be proposed by:

1. The Congress, upon a vote of three-fourths of all its

Members; or

2. A constitutional convention.
 Presidents of the Fifth Philippine Republic
No. in President Took Office Left Office Party Vice President
Era
1 Corazon Aquino February 25, 1986 June 30, 1992 UNIDO Salvador Laurel
2 Fidel Ramos June 30, 1992 June 30, 1998 Lakas-NUCD Joseph Estrada
3 Joseph Estrada June 30, 1998 January 20, 2001 LAMMP Gloria Macapagal
Arroyo
• Lakas- • Teofisto Guingona
Gloria NUCD • Noli De Castro
4 Macapagal January 20, 2001 June 30, 2010 • Lakas-
Arroyo Kampi-
CMD
5 Benigno Aquino June 30, 2010 June 30, 2016 Liberal Jejomar Binay
III
6 Rodrigo Duterte June 30, 2016 Incumbent PDP-Laban Leni Robredo