THE PHILIPPINE

CONSTITUTION
Readings in Philippine History
Stephen Jae G. Fontanilla
Instructor
What is a constitution?

■ A constitution is defined as a fundamental law of the

nation or state.
■ It establishes the character and basic principles of the
government.
■ Fundamental rules and principles.
■ “the highest expression of the law.”
Purposes of a constitution

■ It prescribes the kind of government that will exists in the

state.
■ It creates the different departments and specifies their
respective functions and duties.
■ It is the source of sovereign powers of government by
establishing the fixed, first or basic principles
■ It promotes public welfare. The constitution establishes the
rights of the people which the government is obligated to
protect
■ A constitutional convention writes the constitution.

■ The draft written are submitted to a plebiscite for ratification.

History of the Philippine Constitution

At least SEVEN Constitutions

were framed in Philippine History
Biak-na-Bato Republic Constitution
(1897)
■ In order to consolidate the forces still fighting in the
other provinces, Aguinaldo met with his leaders to
establish a recognized government.
■ An assembly of Filipino rebel leaders agreed that a
republican form would be formed.
■ Isabelo Artacho and Felix Ferrer were tasked to write
the constitution. Both decided to adopt the provisions
of the Constitution framed in Jimaguayu, Cuba.
■ The Constitution was promulgated on November 1, 1897 and
became the provisionary Constitution of the government
during the revolution against Spain.

■ Unique Features:
– The preamble reiterated the objective of the revolution “
the separation of the Philippines from Spanish monarchy
and their formation into an independent state with its own
government.”
– Supreme Council
– Tagalog as official language
– The judiciary power was vested in another Supreme
Council of Justice
– Article XXII to XXV were Bill of Rights.
The Malolos Republic Constitution
(1899)
■ Two weeks after the declaration of Philippine Independence,
Aguinaldo ordered the convening of a congress in Malolos,
Bulacan
■ Inaugural session at Barasoain Church on Sept 15, 1898
■ One of its first acts was to ratify the Independence declaration
in Kawit.
■ The Congress was originally conceived by Apolinario Mabini
to be an advisory body but delegate Pedro Paterno decided to
create a constitution to form a government that would be
recognized by foreign powers.
■ Discussions for the Constitution began on October 25 with a draft
submission by Felipe Calderon.
■ Calderon drew submissions from the constitution of Belgium, France,
Mexico, Guatemala, Costa Rica and Brazil.
■ The constitution was approved on November 29, 1898

■ Mabini objected to the proposal of a popular government and the

approval was delayed to January 21

■ The Malolos Constitution was the first republican constitution in Asia.

■ The First Philippine Republic was inaugurated January 23 1899 at

Barasoain Church where Aguinaldo took oath and was followed by
reading of the Malolos Constitution and taking of oath of loyalty by the
Army.
Unique features of the Malolos
Constitution
■ It was based on our democratic traditions in which the government
formed was “popular, representative and responsible” with three distinct
branches-executive, legislative, and judicial.
■ It called for a presidential form of government with the president elected
for a term of four (4) years by a majority vote of the Assembly convened
as a constituent assembly.
■ It recognized the freedom of religion and separation of Church and State.
■ It emphasized and safeguarded the basic civil rights of not only Filipinos
but foreigners, through a Bill of Rights (Article XI to XXIII).
1935 Constitution and Commonwealth
■ It was during the time of Governor General Francis Burton Harrison that
the Filipinization policy of the government was put in place.

■ In 1916, the Jones Law was passed by US Congress, which reorganized

the government with an American governor-general, a Cabinet, and an
all-Filipino legislature composed of the Senate and House of
Representatives

■ It also provided both executive and legislative sectors power over

domestic affairs

■ The new Philippine Legislature was inaugurated on October 16, 1916

with Sergio Osmena as House Speaker and Manuel Quezon as Senate
President.
■ From 1918 to 1932, at least 5 independence missions were sent to the US.

■ The efforts paid off with the creation and passing of the Tydings
McDuffie Law (Philippine Independence Act) by US Congress, approved
on March 24, 1934.

■ It provided for the drafting and guidelines of a constitution for a 10-year

“transitional period” government before granting independence

■ The draft Constitution was finished by January 31, 1935 and approved on
Feb 8. Tomas Cabili of Lanao was the only dissenter, who felt that the
Constitution did not serve the people of Mindanao.

■ Franklin D. Roosevelt approved the Constitution on March 23, 1935 and

ratified by the Filipinos through a plebiscite on May 14, 1935.
Unique Features of the 1935 Constitution

■ Enumerated the composition, powers, and duties of the three branches of

government and created the General Auditing Office and laid down the
framework in establishing of the civil service.
■ Bill of Rights
■ A provision for women’s suffrage giving women the right to vote and be
part of PH Politics
■ Creation of Philippine Armed Forces for National Defense
■ Development of National Language
The Japanese Occupation and Second
Philippine Republic (1943)
■ Acting on orders from the Japanese government, KALIBAPI, convened
and elected a PH Commission for Philippine Independence (PCPI) to
write a new Constitution.
■ This was finished and signed on Sept 4, 1943.
■ This was a condensed version of the 1935 Constitution consisting of a
Preamble and 12 Articles.
■ It was transitory in nature as it was only effective during the duration of
the war.
■ The Bill of Rights basically enumerated citizen’s duties and obligations
rather than their constitutional rights and Tagalog was declared the
national language
The 1973 Constitution and Marcos
Dictatorship
■ A Constitutional Convention was convened at Manila Hotel with the
purpose to write a new constitution that would meet the challenges
confronting the republic since it was formed in 1946.

■ The convention became controversial as delegates concentrated on

speeches and giving themselves allowances before sitting down to discuss
provisions of the new constitution.
■ Peace brought about by the First Quarter Storm was disrupted by student
rallies and other protests.

■ Leyte Delegate Eduardo Quintero accused Marcos of bribing delegates to

vote for a provision to extend the presidential term of office and to change
form of government.
■ The convention stopped due to Marcos declaration of Martial Law on
September 21, 1972

■ He abolished Congress and reorganized the government.

■ Several days later, the convention reconvened and a draft constitution
was finished and approved on November 30.

■ Instead being ratified by plebiscite, Marcos submitted to “citizen

assemblies” that was formed to approve or reject the constitution.
■ The plebiscite was held January 10-15 1972 and the constitution was
signed by President Marcos (Proclamation No 1102) on January 17,
1973.
Features of the 1973 Constitution

■ Provided for a parliamentary for of government

■ Legislative power was vested in the Batasang Pambansa
■ Establishment of CSC, COMELEC, CoA
■ Remained in force until Feb 22-25 1986 abolished by the
Freedom Constitution