Evolution of the Philippine Constitution

Presented by: Sir Roland C. Robles

What is the importance of studying the
evolution of the Philippine constitution?

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 Studying the evolution of the Philippine
constitution…

1.
traces the development of self-
rule in the country and situates
the freedom we enjoy today.

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 Studying the evolution of the Philippine
constitution…

2.
forms the basis of our rights as
citizens and celebrates the
hard-won victories of the
Filipino people

Exhibit 1. Malolos Congress

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 Studying the evolution of the Philippine
constitution…

3.
allows us to become better
citizens who know their rights
and know when these rights
are being abused.

Exhibit 1. Malolos Congress

5
Constitution stems from Latin
constituere, meaning "to cause to
stand, set up, fix, place, establish, set
in order; form something new;
resolve."

The constitution is defined as a set

of fundamental principles or
established precedents according
to which a state or organization is
governed.
 Evolution of the
Philippine Constitution

1.The Constitution of Biak-na-Bato in 1897

2.The Malolos Constitution of 1899
3.1935: The Commonwealth Constitution
4. 1973 Constitution
5.The 1986 Freedom Constitution
6.The 1987 Philippine Constitution

Presentation Title
 The Constitution of Biak-na-Bato in 1897

A provisional Written by Isabelo This constitution was

constitution of the Artacho and Felix inspired by Cuba.
Philippine Republic Ferrer in Spanish, and
during the Philippine later on, translated into
Revolution and was tagalog.
promulgated by the
Philippine Revolutionary
Government on
November 1, 1897.

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 The Constitution of Biak-na-Bato form of government.

Supreme Council Consejo Supremo de Asemblea de

Gracia y Justicia Representantes
President
(Supreme Council of (Assemby of
Secretary of Interior
Grace and Justice) Representatives)
Secretary of Foreign Affairs

Secretary of Treasury

Secretary of War

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 The Malolos Constitution of 1899

Approved by the Congress on The constitution was drafted by Title III, Article V, also, declares
November 29, 1898 and Felipe Calderon together that the State recognizes the
promulgated by Aguinaldo on with Pedro Paterno and Cayetano freedom and equality of all beliefs,
January 21, 1899, was titled “The Arellano. as well as the separation of
Political Constitution of 1899” It was patterned after the Spanish Church and State.
and was written in Spanish. Constitution of 1812, with
influences from the charters of
Belgium, Mexico, Brazil,
Nicaragua, Costa Rica,
Guatemala, and the French
Constitution of 1793.

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 The Malolos Constitution form of government.

PRESIDENT CHIEF JUSTICE ASSEMBLY OF

REPRESENTATIVES

- elected by a constituent assembly - legislative power

of the Assembly of
- unicameral body
Representatives
- secretaries of the
- will serve a term of four year government were given
without re-election seats
- Bill could be introduced
by the president or by
members of the assembly

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 The Commonwealth Constitution of 1935
Philippine Organic Act of 1902 Philippine Autonomy Act of 1916
or “Jones Law”
- Removal of the Philippine Commission replace it
- Creation of a popularly elected Philippine
with Senate that served as the upper house and
Assembly
its members elected by elected by Filipino
- specified the legislative power would be vested voters.
in a bicameral legislature composed of the
- This Act declared the purpose of the United
Philippine Commission as the upper house and
States to end their sovereignty over the
the Philippine Assembly as the lower house.
Philippines and recognize Philippine
independence as soon as stable government can
be established.

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 The Commonwealth Constitution of 1935
Hare-Hawes-Cutting Act Tydings-McDuffie Act

- Having the Americans to establish a Military - Establishing the commonwealth government

Base in the Philippines.
- Prohibiting the Filipinos that want to immigrate
in the America.
- Ten year commonwealth government
- Electing of the Constitutional Convention that
will make a constitution or law (Saligang Batas
in Filipino)
- Making a manifestation of independence after
the 10 years of quasi - self government.
- Electing leaders of the quasi - self government.

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 The Commonwealth Constitution of 1935

- The constitution created the commonwealth of - It was amended in 1940 to have a bicameral
Congress composed of a Senate and House of
the Philippines, an administrative body that
representatives, as well as the creation of an
governed the Philippines from 1935 to 1946. It is
independent electoral commission. It limited the
a transitional administration to prepare the
office of the president and vice-president to four
country toward its full achievement of
years, with one re-election.
independence.
- It initially provided for a unicameral National - Right to suffrage was initially afforded to male
citizens of the Philippines who were 21 years of
Assembly with a president and vice president
age or over and were able to read and write; this
elected to a six-year term without re-election.
was later extended to include women within two
- The constitution was crafted by the members of years after the adoption of the constitution.
the constitutional convention headed by Claro M.
Recto

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 The Constitution of 1973
- In, 1965, Ferdinand E. Marcos was elected
president, and in 1967, the Philippine Congress
passed a resolution calling for a constitutional
convention to amend the 1935 Constitution.
- Election of the delegates to the constitutional
convention were held on November 20, 1970
and the convention formally began on June 1,
1971.
- Before the convention finished its work, martial
law was declared. Martial law was provide in the
1935 constitution.
- Some delegates of the ongoing constitution were
placed behind bars while others went into hiding
or voluntary exile.
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- The constitution was supposed to introduce a
parliamentary style of government.
Parliament
(elected to a term of six years, legislative
power)
Prime Minister
(executive power, head of the government,
commander and chief. Elected from the
national assembly
President
(symbolic and ceremonial head chosen from
the members of the national assembly)
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 The Constitution of 1973
- President Marcos issued Presidential Decree
No. 73, setting the date of the plebiscite to ratify
or reject the proposed constitution on November
30, 1973 but was postponed.
- Instead of plebiscite, Citizens Assemblies were
held, for 10 – 15 of January 1973.
- The president on January 17, 1973, issued a
proclamation announcing that that the proposed
constitution has been ratified by an
overwhelming vote of the highly irregular
Citizen Assemblies.
- The constitution was amended several times to
consolidate all the power to the president.

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 The Freedom Constitution of 1986
- President Corazon’s Aquino’s government had three options regarding the constitution:
1. Revert to the 1935 constitution,
2. Retain the 1973 constitution and be granted to make reforms,
3. Start anew and break from the verge of dictatorship.
- In March 1986, President Aquino proclaimed a transitional constitution to last for a year while a
Constitutional Commission drafted a permanent constitution.

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 The Constitution of 1987

1987 Constitution Preamble

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.

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 The Constitution of 1987
-It allocate governmental powers among the
executive, legislative and judicial branches of
the government.
-The executive branch is headed by president,
and his cabinets, 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 co-equal
branches of government, especially during
times of emergency.

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 The Constitution of 1987
-The legislative power resides in a Congress divided
into two Houses: the Senate and the House of
representatives. The 24 senators are elected by popular
vote and can serve no more than two consecutive terms
- The House is composed of district representatives
representing a geographic area and legislative districts.
- The 1987 Constitution created a party-list system to
provide spaces for the participation of underrepresented
community sectors or groups.

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 The Constitution of
1987
-The Philippine Court system is vested
with the power of judiciary and
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 confirmed by
Congress

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 The Constitution of 1987

Civil Service Commission Commission on Ombudsman

Commission on Audit Election
- created to investigate
- in charge of - examines all - mandated to complaints of
government funds, enforce and corruption, unlawful
personnel. transactions administer all behavior of public
election laws and officials, and other
regulations. public misconduct

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Reference:

Candelaria, J.P., Alporha, V.C., & Kunting, A.F. (2021). A Course Module for Readings in Philippine
History. Manila: REX Bookstore, pp. 218-231

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