The Evolution of

Philippine Constitution

GROUP 4
 CONSTITUTION
a body of fundamental principles
or established precedents
according to which a state or
other organization is
acknowledged to be governed.
 1899: Malolos Constitution
by: Tijulan, Herthel Diadem N.

1935: The Commonwealth Constitution

by: Mapalad, Jannice

1973: Constitutional Authoritarianism

by: Domincil, Novie

1986: Freedom Constitution

by: Paloga, Jenkins Alan

1987: Current Constitution

by: Dime, Josh Michael
1899: Malolos Constitution
Brief Overview About Malolos Congress
By the name itself, Malolos Congress was
derived from where this historic event took place.
The document they came up with, approved by
the Congress on 29 November 1898, and
promulgated by Aguinaldo at Barasoain Church
in Malolos, Bulacan on 21 January 1899 was
titled “The Political Constitution of 1899” and
written in Spanish. The constitution has 39
articles divided into 14 titles, with eight articles
of transitory provisions, and a final additional
article.
Two Critical Facts Established by the Malolos Congress
1. Malolos Constitution is the first republican
constitution in Asia

Spearheaded by Felipe Calderon and supported by

Cayetano Arellano, they created the Malolos
Constitution. It is also known as the first constitution
drafted by the representatives of the Filipino people. It
was inspired by the constitutions of Brazil, Belgium,
Costa Rica, France, Guatemala, and Mexico. Then, the
final draft was presented to Emilio Aguinaldo after
minor revisions due to some objections from Apolinario
Mabini. As a result, it led the way to the launch of the
first Philippine Republic.
Two Critical Facts Established by the Malolos Congress
2. On January 21, 1899, the first Philippine Republic was established at
Malolos, Bulacan. Emilio Aguinaldo then took his oath to the office after being
proclaimed President. Furthermore, Apolinario Mabini became the Prime
Minister and Foreign Affairs Secretary. The cabinet secretaries are:

• Gen. Mariano Trias, for War

• Baldomero Aguinaldo, Finance
• Teodoro Sandico, for Interior
• Gracio Gonzaga, for Welfare
• Maximo Paterno, for public works and communications
• Leon Maria Guerrero, for agriculture, trade, and commerce
The most significant achievements of the Malolos Congress are:
1. Ratification of the Philippines' Independence
Day, which was held at Kawit, Cavite, on June
12, 1898
2. Passage of law allowing the country to borrow
money from banks for government expenditures
3. Building of schools primarily establishing the
Universidad Literatura de Filipinas
4. Drafting of the constitution of the Philippines
5. War declaration against the United States of
America
The first Philippine Republic comprises a democratic and
republic government with three (3) distinct branches and
functions. These are:
Executive. This branch exercises the power of the republic president along with
the help of his cabinet secretaries.

Legislative. This branch functions as the law-making body to elect the Chief
Justice of the Supreme Court with the concurrence of the President and the
cabinet.

Judicial. This branch is given to the Supreme Court and other lower courts to be
created by law.
1935: The Commonwealth Constitution
 What is commonwealth?
•  It is an independent country or
community, especially a democratic
republic.
• A nation, state, or other political unit
such as one founded on law and united
by income or tacit agreement of the
people for the common good.
BACKGROUND
• The 1935 Commonwealth Constitution- provided the legal basis of the
commonwealth government which wars considered a transition government
before the granting of the Philippine independence with American inspired
constitution.

• The 1935 constitution was written in 1934 approve adapted by the

commonwealth of the Philippines 1935 to 1946 and later used by the third
republic 1946 to 1972.

• 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.

KEY PROVISIONS:

• Bill of Rights for Filipinos

• Appointment of two non-voting Filipino resident commissioners as
representative to the United States house of representatives.
 Two acts of the United States Congress
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 a Senate
that served as the upper house and its members elected by the
Filipino voters, the first truly elected national legislature.
• -is it explicit declared the purpose of the United States to an end
there's heredity over the Philippines and recognized Philippine
independence as soon as stable government can be established.
 In 1932, with efforts of the
Filipino independence mission led
by Sergio Osmeña and Manuel
Roxas, the United States Congress
passed the Hare-Hawes-Cutting
Act 1932 With the promise of
grating Filipino’s Independence.
 By 1934, another law, the Tydings-McDuffie
Act, also known as the Philippine
Independence Act 1934 was passed by the
United States Congress that provided authority
and defined mechanisms for the
establishments of a formal constitution by a
constitutional convention.

The constitution was crafted to meet the

approval of the United States government, and
to ensure that the United States would live up
to its promise to grant independence to the
Philippines.
 The Draft of the Constitution was
approved by the constitutional
convention on February 8, 1935 and
ratified by the us President Franklin D.
Roosevelt on 25 March 1935.
Elections were held in September 1935
and Manuel L. Quezon was elected as
President of the Commonwealth.
 Sergio Osmeñia was elected as Vice president of the
Commonwealth.
Program Under Manuel Quezon and Sergio Osmeñia:
• National Defense Act the purpose of this act was to
create independent Philippine military.
• Women’s Suffrage Act women have the right to vote in
political electrons.
• Katarungang Panlipunan it is the responsibility of the
government to safeguard the welfare of the peel of the
people against the abusive citizens and give the people
what they deserve.
• Pagtatag Ng Pambansang Wika
• Homestead Act
1973: Constitutional Authoritarianism
• On 24 August 1970, congress enacted
RA No. 6132, otherwise known as the
constitutional convention Act, for the
purpose of convening a constitutional
convention.
• While in the process of drafting a new
constitution, President Ferdinand Marcos
declared Martial Law on 21 September
1972.
 The 1973 constitution, promulgated after Marco’s declaration of
martial law, was supposed to introduce a parliamentary style
government. Legislative power was vested in a unicameral National
assembly whose members were elected for six year term. The
president as 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. Upon election, the president ceased to be a member
of the national assembly. During his term, the president was not
allowed to be a member of a political party or hold any other office.
Ferdinand Marcos was a elected
president -1965
1967- Philippine Congress passed a
resolution calling for a
constitutional convention-1935
constitution
In 1969- Marcos won the re-
election
November 20, 1970 Election of
the delegates were held
June 1, 1971 convention was formally
began president Carlos P. Garcia elected as a
convention president but he died and was
succeeded by former predident, Diosdado
Macapagal

Before the convention finished its work.

Martial Law was declared.

The growing communist insurgency is cited

as the reason for Martial Law. Delegates of
constitutional convention were imprisoned,
went hiding or were voluntary exiled.
• January 17, 1973 the president announced that the proposed
constitution had been ratified by an overwhelming vote of the
members of the highly irregular citizen assemblies.

• In 1976, Citizen Assemblies once again decided to allow the

continuation of Martial Law as well as approved the
amendments: an interim Batasang Pambansa to substitute for
the interim National Assembly.

• The president would also become the prime minister and he

would continue to exercise legislative powers until such time
as martial law was lifted and the president is authorized to
legislative on his on an emergency basis.
• 1973 Constitution never acted as parliamentary
system, instead it functioned as authoritarian presidential
system.

• August 1983, the tide turned swiftly as Benigno Aquino

Jr., opposition leader and regarded as most credible
alternative to Marcos, assassinated while under military
escort after his return from exile in the US.

• Military rebels attempted stage coup but failed, this

trigger what came to be known as EDSA people Power
Revolution of 1986.
• Marcos Family fled into exile because of
the pressure from United States of America,
that used to support Marcos and this Martial
Law.

• Benigno Aquino Jr.’s widow Corazon

Aquino was installed as president
onFebruary25, 1986.
1986: Freedom Constitution
What is FREEDOM?
• The power or right to act, speak, or
think a one wants without any
hindrance or restriction.
• Absence of subjection to foreign
domination or despotic
government.
What is DEMOCRACY?
• Control of an organization or group by
the majority of its members.
• A democratic country has a system of
government in which the people have
the power to participate in decision-
making. Each democracy is unique and
works on different ways.
 BACKGROUND
• The 1986 Freedom Constitution was intended as a transitional
basic law to ensure democracy, freedom of the people, and an orderly
transfer of power as the constitutional commission was drafting a
permanent charter.

• The 1986 Freedom Constitution promulgated by the Presidential

Proclamation, March 25, 1986. The 1973 Constitution: as amended
in October 16-17, 1976, on January 30, 1980, and April 7, 1981.
What:
• DECLARING NATIONAL POLICY
TO IMPLEMENT THE REFORMS
MANDATED BY THE PEOPLE,
PROTECTING THER BASIC
RIGHTS, ADOPTING A
PROVSIONAL CONSTITUTION
AND PROVIDING FOR AN
ORDERLY TRANSITION.
 KEY PROVISIONS:
• A right to privacy. The right to freedom
of speech and expression, freedom of
press, freedom of assembly, and the right
to petition. The free exercise of religion.
•  Restore peace and order, settle the
problem of insurgency, and pursue
national reconciliation based on justice.
 POVISIONAL CONSTITUTION OF THE REPUBLIC
OF THE PHILLIPINES
• Article 1. Adoption of certain provisions of the 1973 constitution,
as amended
• Article 2. The president. The vice president and the Cabinet
• Article 3. Government Reorganization
• Article 4. Existing laws, treaties and contracts
• Article 5. Adoption of a new constitution
• Article 6. Holding of elections
• Article 7. Effective date
• Salient features of the freedom
constitution
• A verbatim copy of the 1973
constitution minus the
provisions on the Batasang
Pambansa
• Aquino vested in herself both
executive and legislative powers
• A transitional constitution that
lasted for a year
1987: Current Constitution
 The Current Constitution of The
Philippines
The current constitution is the 1987
Constitution which came into force on February
11, 1987. It was approved by the 1986
Constitutional Commission on October 12,
1986, and was ratified in a national plebiscite
held on February 2, 1987. The 1987 Constitution
establishes the Philippines as a democratic and
republican State (Article II, Section 1).
 key provision:
It provides for separation of powers among the legislative,
executive and judicial branches. The legislative power is vested in
the Congress of the Philippines which shall consist of a Senate and
a House of Representatives (Article VI, Section 1). Congress enacts
laws subject to the veto power of the President (Article VI, Section
27). The executive power is vested in the President who shall
ensure the faithful execution of the laws (Article VII, Sections 1 &
17).The President is both the chief of State and head of the
government and the Commander-in-Chief of the armed forces
(Article VII, Section 17). The judicial power is vested in the
Supreme Court and the lower courts (Article VIII, Section 1).
 The Supreme Court has the
power to review and revise,
reverse, and modify on appeal,
as the law or the Rules of Court
may provide final judgments
and decrees of inferior courts.
The Philippine legal system
belongs to a mix legal system
which includes both civil law
and common law traditions.
 The main sources of laws of the Philippines
are composed of:

• The Constitution
• Treaties and Conventions
• Statutes including Acts, Commonwealth Acts, Batas
Pambansa issued by the legislature • Presidential issuances
including Presidential Decrees, Executive Orders,
Memorandum Circulars, Administrative Orders,
Proclamations, etc. issued by the President
• Administrative rules and regulations issued by the
Departments, Bureaus, and other agencies of the government
 The Constitution contains specific provisions on
intellectual property such as the protection of the
exclusive rights of scientists, inventors, artists to
their intellectual property creations and the
priority given to research, development,
invention, and innovation (Article XIV, Sections
10-13), and the promotion of arts and culture,
including the recognition and protection of the
rights of indigenous cultural communities
(Article XIV, Sections 14-18).
 Principles
THE CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES

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.
 Principles
ARTICLE I National Territory ARTICLE XI Accountability of Public
Officers
ARTICLE II Declaration of Principles and State
Policies ARTICLE XII National Economy and
Patrimony
ARTICLE III Bill of Rights
ARTICLE XIII Social Justice and Human
ARTICLE IV Citizenship Rights

ARTICLE V Suffrage ARTICLE XIV Education, Science and

Technology, Arts, Culture and Sports
ARTICLE VI Legislative Department
ARTICLE XV The Family
ARTICLE VII Executive Department
ARTICLE XVI General Provisions
ARTICLE VIII Judicial Department
ARTICLE XVII Amendments or Revisions
ARTICLE IX Constitutional Commissions
ARTICLE XVIII Transitory Provisions
ARTICLE X Local Government
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REFERENCES:
• https://www.officialgazette.gov.ph/constitutions/1987-constitution/
• pdfcoffee.com_evolution-of-the-philippine-constitution-4-pdf-free
• https://youtu.be/D_AoBdSvHLg
• http://msc.edu.ph/centennial/malolos.html
• chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://
www.pssc.org.ph/wp-content/pssc-archives/Philippine%20Journal%20of
%20Public%20Administration/1986/Num%202/11_The%20Freedom
%20Constitution.pdf