The Philippine

Constitutions
 The Philippine Constitutions
1935: The
1899: Malolos 1 2 Commonwealth
Constitution
Constitution
1972 Constitution 3 4 1987 Constitution
Martial Law Taxation
 1899: Malolos Constitution

- First Philippine Republic The Philippine Declaration of

Independence was issued on June 12, 1898
- Malolos congress elected commission
- First draft ( September 17, 1898)
- The Malolos Constitution was approved. (November 29,
1898 )
- " The political constitution of 1899" ( January 21,1898)
- Treat of Paris between Spain and united states
(December 10, 1898)
Emilio Aguinaldo
 Felipe Calderon
According to Felipe Calderon, main author of the
constitution, these countries were studied
because they shared similar social, political,
ethnological and governance conditions with the
Philippines. Emilio Jacinto in 1896; the Biak-na-
Bato Constitution of 1897 planned by Isabelo
Artacho; Mabini's rotational program of the
Constitutional Republic of 1898; the provisional
constitution of Mariano Ponce in 1898 that
followed the Spanish constitutios; and the
autonomy projects of Paterno in 1898.
 The Political Constitution of 1899
39 articles divided into 14
titles, with 8 articles of
transitionary provisions
and a final additional
articles.
“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 27 articles of Title IV detail the Natural
rights and popular sovereignty of Filipinos.

• Title III, Article V, Declares that the state

recognizes the freedom and equality of all
beliefs.

• Title II, Article IV Exercise three distinct

powers – Legislative, Executive and Judicial.
1935: The Commonwealth Constitution

• After the Treaty of Paris, the Philippines

was subject to the power of the United
States of America.

• 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:

1. Philippine Organic Act of 1902 - the first

organic law for the Philippine Islands that
provided for the creation of a popularly elected
Philippine Assembly.

• Bicameral legislature (legislative power) -

composed of the Philippine Commission as the
upper house and the Philippine Assembly as
lower house.
Key Provisions:

• Bill of rights for Filipinos

• Appointment of two non-voting Filipino

Resident Commissioners of the Philippines
as representative to the United States
House of Representatives.
2. 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
senate that served as a upper house and its members
elected by the Filipino voters, the first truly elected
national legends nature.

• This act explicitly declared the purpose of the United

States to end their sovereignty over the Philippines and
will recognize Philippine independence as soon as
stable government can be established.
• 1932 - Sergio Osmeña and Manuel Roxas led a Filipino
Independence mission (OsRox mission) and the United
States Congress passed the Hare-Hawes-Cutting Act with
the promise of granting Filipinos' independence. However,
this act was rejected by the Philippine Senate particularly,
Senate President Manuel L. Quezon.

• Tydings–McDuffie Act of 1934 (Philippine Independence

Act) - another law passed by United States Congress that
provide authority and defined mechanisms for the
establishment of a formal constitution by a constitutional
convention. The first meeting happened on 30 July 1934,
wherein members of it were elected and Claro M. Recto
unanimously elected as president.
• The constitution was crafted to meet
the approval of United States
government, and to ensure that United
States would fulfill its promise to grant
independence of Philippines.
Preamble of the 1935 Commonwealth
The Filipino people, imploring the
aid of Divine Providence, in order to
establish a government that shall em­
body their ideals, conserve and
develop the patrimony of the nation,
promote the general welfare, and
secure to themselves and their
posterity the blessings of
independence under a régime of
justice, liberty, and democracy, do
ordain and promulgate this
• The Constitution created the Commonwealth of
the Philippines as administrative body that
governed the Philippines from 1935-1946.

• It is a transitional administration to prepare the

country toward its full achievement of
independence.

• It originally provided for a unicameral National

Assembly with a president and a vice president
elected to a six year term without re-election.
• It is amended in 1940 to have a bicameral
Congress as well as the creation of an
independent electoral commission.

• The term of the president and vice-president was

limited to 4years with one re-election.

• Right to suffrage were originally afforded to

male citizens of the Philippines who are twenty-
one (21) years of age or over and are able to read
and write.
• But, two years after the adoption of the
constitution, this was later extended to women.

• American has dominant influence in the

constitution.

• The draft of the constitution was approved by

the constitutional convention on 8 February
1935 and ratified by the 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.

• The Philippines was declared an independent

republic on 4 July 1946.
1972 CONSTITUTION MARTIAL LAW

• Proclamation no. 1081

Pres. Ferdinand E. Marcos declares
Proclamation no. 1081 on September
23, 1972, placing the Philippines under
Martial Law. He had been in office
for 7 years - and would be so until
1986.
• General Order no. 1
Marcos Assumes all powers of government.

• General Order no. 2-A

Marcos Authorizes the military to arrest a list of
personalities deemed part of "conspiracy" to
seize power.

• Letter of Instruction no.1

Marcos Authorizes the seizure and closure of
private media (papers, magazines, radio, TV)
• Letter of Instruction no.2
Marcos authorizes the takeover of public utilities
including electric, water, railway, telephone, and airline
companies.

• Letter of Instruction no.3

Marcos Orders the military to seize all privately
owned aircraft and watercraft bearing Philippine
registry.

• Letter of Instruction no.4 & 5

Marcos orders the DFA and the DOJ not to issue
travel documents and immigration clearance to any
citizen who may wish to leave the country.
1987 CONSTITUTION TAXATION
• The rule of taxation shall be uniform and
equitable. The congress shall evolve a
progressive system of taxation.

• All money collected on any tax levied for a

special purpose shall be treated as a special
fund and paid out for such purpose only. If the
purpose for which a special fund was created
has been fulfilled or abandoned, the balance, if
any, shall be transferred to the general funds of
the Government.
• The congress may, by law, authorize President to
fix within specified limits, and subject to such
limitations and restriction as it may impose
tariff, import and export quotas, tonnage and
wharfage dues, and other duties or imposts
within framework of the National development
program of the Government.

• The president shall have the power to veto any

particular item in appropriation, revenue or tariff
bill, but the veto shall not affect the item to
which he does not object.
• The Supreme court shall have the power
to review, revise, reverse, modify, or
affirm on appeal or certiorari, as the law or
the rules of court may provide, final
judgements and orders of lower courts in
all cases involving the legality of any tax,
impost, assessment, or toll or any penalty
imposed in relation thereto.
• Tax Exemptions are limited to those granted by law.
However no law granting any tax exemption shall be
passed without the concurrence of a majority of all the
members of the congress.

- charitable institutions
- churches
- parsonages or convents appurtenant thereto
- mosques
- nonprofit cemeteries
- all lands and building that are exclusively used for
religious, charitable or educational purposes.
- nonprofit educational institutions for educational purposes.
• The Local Government code
provides that all local government
units are granted general tax
powers, as well as other revenue-
raising powers like the imposition
of service fees and charges.
QUIZ: PART I
Write if TRUE or FALSE
1. Under the Constitution taxation, Only the
Congress shall have the power to veto any
particular item.

2. In the Malolos constitution, there is no vice

president.

3. Under Constitution Taxation, one of the tax

exempted institutions is Mosque.
4. "The political constitution of 1899" there is no
right for impeachment of cabinets, president
and chief of justice.

5. Philippine Autonomy Act of 1916 - commonly

referred to as "Jones Law," explicitly declared the
purpose of the United States to end their
sovereignty over the Philippines and will
recognize Philippine independence as soon as
stable government can be established.
 QUIZ: PART II
Write a one (1) paragraph reflection about the value of constitution