How did the Philippine

Constitution develop?
 The Philippines has had 5
constitutions since the country’s
independence in 1898:
 The 1899 Malolos Constitution (1899-1901

The Political Constitution of 1899 was enacted upon the

declaration of independence of the Philippines from Spanish
rule, and shortly before the Philippine-American War
erupted.

It had a total of 14 titles and 102 articles, the longest titles

dealing with individual rights and the rest related to the
administration of government.
It was originally written in Spanish and was
named after the place where it was signed, in
Barasoain Church, Malolos, Bulacan.
The Malolos Constitution was never fully implemented
due to several factors, primarily the US colonial regime
under which the Philippines was placed. However, it
paved the way for the Philippines to be known as the
first republic in Asia.
 The 1935 Constitution (1935-1943, 1945-1973).
T
The 1935 Constitution established the Philippine
Commonwealth. It had a total of 17 articles, subdivided into
sections, and prepared the Philippines to establish its
complete independence from the sovereignty of the United
States
The 1935 Constitution (1935-1943, 1945-1973).
T

Key sections include the Bill of Rights,

Citizenship and Suffrage, as well as the
powers of the three branches of the
government.
 The 1943 Constitution (1943-1945).

During the Japanese Occupation of the

Philippines, a new Constitution was enacted. It
was called a “puppet government” because
decisions and actions were highly controlled by
the Japanese Military Administration. The 1943
Constitution differed from the previous
constitution in a number of ways.
 The 1943 Constitution (1943-1945).

For example, this version of the Constitution

begins with the Republic and an enumeration of
the three branches of government. The Bill of
Rights was renamed “Duties and Rights of the
Citizen.” It is also the shortest Philippine
Constitution at only 12 articles.
After the Japanese Occupation, the
Philippines reverted to the 1935
Constitution.
 The 1973 Constitution
(1973-1986). The
The 1973 Constitution shifted the system of the Philippine
national government from presidential to parliamentary. Instead
of Congress, it is the National Assembly which is vested with the
power of legislation, headed by the Prime Minister, who serves as
the Head of Government and the Commander-in-Chief of the
Armed Forces of the Philippines. The President retains being
Head of State and Chief Executive.
 The 1973 Constitution
(1973-1986). The

The 1973 Constitution has 17 articles. Many of its

provisions were given with the imprimatur of then-
dictator Ferdinand Marcos, Sr., favoring him and his
ilk and allowing him to remain in power and plunder
the country for more than twenty years. Certain
provisions were revised in 1976, 1980, and 1981.
This Constitution persisted until the promulgation of
the 1987 Constitution.
 The 1987 Constitution (1987-
present

). This Constitution reinstated the bicameral legislature,

removed the position of Prime Minister, and strengthened
certain provisions to prevent government abuse, empower the
people, and ensure the operation of republican and democratic
principles.
 The 1987 Constitution (1987-
present
It has the Preamble and 18 articles. In it, it
describes the three branches of government
and the independent constitutional
commissions: COA, COMELEC, and
CSC.The date of effectivity of the 1987
Constitution is on February 2,
1987, the date of the plebiscite, and not on
the date its ratification was proclaimed.
 How is the Philippine
Constitution interpreted?
In Francisco v. House of Representatives, the
Supreme Court stated three basic principles when
interpreting the Constitution.
 How is the Philippine
Constitution interpreted

1.Verba legis: Whenever possible, the words used in

the Constitution must be given their ordinary meaning,
except where technical terms are employed. It highlights
that the Constitution, even though it is essential to the
rule of law, is NOT primarily a lawyer’s document, and
must be understood by the average person in order to be
ever-present in the people’s consciousness.
 How is the Philippine
Constitution interpreted

2. Ratio legis est anima: In cases of

ambiguity, the words of the Constitution
should be interpreted in accordance with the
intent of the framers. It stresses that a
doubtful provision must be examined in the
light of the history of the times, and the
condition and circumstances under which
 How is the Philippine
Constitution interpreted
3. Ut magis valeat quam pereat: The Constitution
should be interpreted as a whole. This means that
certain provisions should not be taken by
themselves, especially in order to favor a specific
objective, but rather interpreted together with all
other provisio