The Philippine

Constitutions
From 1889 to 1987 Philippine Constitution
 Philippine
Constitution
 How it started?
• Philippine Independence

• Surrender of the Spanish

• On June 12, Aguinaldo issued the

Philippine Declaration of Independence
and followed that with several decrees
forming the First Philippine Republic.

• Elections were held from June 23 to

September 10, 1898 for a new national
legislature, the Malolos Congress.
 Malolos Congress
September 15, 1898 – Barasoain
Church

Pedro Gregorio
Paterno Araneta
(President (First
of the Secretary)
Congress) Pablo
Benito Ocampo
Legarda (Second
(Vice Secretary)
President)

Apolinario Mabini
President of the Cabinet
Chief Adviser of Aguinaldo
5 Major Achievements :

1. Ratified the Declaration of Philippine

Independenceheld at Kawit, Cavite on
June 12, 1898.
2. Passage of the law that allowed the
Philippines to borrow P20 million from
banks for government expenses.
3. Establishment of the University
Literatura de Filipinas and other
schools.
4. Drafting the Philippine Constitution
5. Declaring war against United States on
June 12, 1899.
• Was the basic law of the First Philippine Republic

• After the Malolos Congress was convened on 15 September

1898, a committee was selected to draft a constitution for
the republic.

• 3 Constitutional Drafts (Mabini, Paterno and Calderon)

• It was written by Felipe Calderón y Roca and Felipe

Buencamino.

• After a lengthy debate in the latter part of 1898, it was

promulgated on 21 January 1899.

• The committee was composed of Hipólito Magsalin, Basilio

Teodoro, José Albert, Joaquín González, Gregorio Araneta,
Pablo Ocampo, Aguedo Velarde, Higinio Benitez, Tomás del
Rosario, José Alejandrino, Alberto Barretto, José Ma. de la
Viña, José Luna, Antonio Luna, Mariano Abella, Juan
Manday, Felipe Calderón, Arsenio Cruz and Felipe
Buencamino.

• The Political Constitution of 1899 is written in Spanish

which was the official language of the Philippines at the
time.
• Based on the constitution of Mexico, Guatemala,
Costa Rica, Brazil, Beligium, France

• This principle was a preprocessor to the concept of

popular sovereignty.

• 14 Titles 101 Articles.

• 3 Distinctive Branches (Executive, Legislative and

Judicial)

• Legislative is superior either to the executive and

judiciary

• Unicameral Legislature

• Bill of Rights

• Aplonario Mabini’s objection

• Granting Spaniards and citizens the rights to engage in
business within the territorial boundaries of the
republic.

• Elected President has a term of 4 years

• Article 73 of the constitution established a Council of

Government (Cabinet), composed of a President and
seven Secretaries. Which he will be appointing.
Title I THE REPUBLIC
-Filipinos constitute the nation, freedom and
sovereignity

Title II THE GOVERNMENT

-The Government of the Republic , three distinct powers
(executive, legislative and judiciary), no two or more more
of these powers shall never be united in one person

Title III RELIGION

-equality of religions, separation of church and state

Title IV THE FILIPINOS AND THEIR NATIONALAND

INDIVIDUAL RIGHTS
-who are the filipinos, condition of being a Filipino,
rights of a Filipino
-Children of a Filipino father or mother, although born
outside of the Philippines
-Foreigners may freely reside in Philippine territory,
subject to legal dispositions regulating the matter; may
engage in any occupation or profession for the exercise of
which no special license is required by law to be issued by
the national authorities.
Title V THE LEGISLATIVE POWER
-The Assembly shall meet every year. The President of
the Republic has the right to convoke it, suspend and close
its sessions.
- In case of death or resignation and the new President
has not been chosen, his functions shall be exercised by
the Chief Justice of the Supreme Court
-No bill shall be approved by the Assembly until after it
has been voted upon as a whole and subsequently article
by article.

Title VI THE PERMANENT COMMISSION

-The Assembly, before adjournment, shall elect seven of
its members to form the Permanent Commission during the
period of adjournment, which shall designate at its first
session, the President and the Secretary.

Title VII THE EXECUTIVE POWER

Title VIII THE PRESIDENT OF THE REPUBLIC

-The President of the Republic shall be elected by
absolute majority of votes by the Assembly and by the
special Representatives
 -His term of office shall be four years, and may be
reelected.
- The President of the Philippines, with the prior
approval by majority vote of the Representatives, may
dissolve the Assembly before the expiration of its
legislation term. In this case, new elections shall be called
within three months.

Title IX THE SECRETARIES OF GOVERNMENT

-The Council of Government is composed of one
President and seven secretaries

Title X THE JUDICIAL POWER

-The Chief Justice of the Supreme Court and the
Solicitor-General shall be chosen by the National Assembly
in concurrence with the President of the Republic and the
Secretaries of the
Government, and shall be absolutely independent of the
Legislative and Executive Powers.

Title XI PROVINCIAL AND POPULAR ASSEMBLIES

-provincial assemblies
Title XII ADMINISTRATION OF THE STATE
-The Government shall submit every year to the
Assembly a budget of expenditures and income.

Title XIII AMENDMENT OF THE CONSTITUTION

-The Assembly, on its own initiative or that of the
President of the Republic, may propose amendments to the
Constitution, indicating what article or articles are to be
amended.

Title XIV CONSTITUTIONAL OBSERVANCE,OATH, AND

LANGUAGE
-The use of languages spoken in the Philippines shall be
optional.

ADDITIONAL ARTICLE
-All the estates, edifices, and other property possessed
by the religious corporations in these islands shall be
deemed restored to the Philippine State as of May 24, 1898
when the Dictatorial Government has been constituted in
Cavite.
 How the
Malolos
Constitution
ended?
The Republic lived only for two years
(January 23, 1899-March 23, 1901)
1935 Philippine
Constitution
1935 Philippine Constitution
• 23 March 1935 :
Seated, left to right:
George H. Dern,
Secretary of War;
President Franklin D.
Roosevelt, signing
the Constitution of
the Commonwealth
of the Philippines;
Manuel L. Quezon,
President, Philippine
Senate
 Main Features
• Established the Commonwealth Government

• Provided a Democratic and Republican Government

• Inclusion of the Bill of Rights

• The 1935 Constitution of the Philippines was written in 1934,
approved and adopted by the Commonwealth of the
Philippines (1935-1946) and later used by the Third Republic of
the Philippines (1946-1972).

• It was written with an eye to meeting the approval of the

United States Government through the Tydings-McDuffie Act.

• Led by Manuel L. Quezon and Sergio Osmena

The Preamble reads:
“The Filipino people, imploring the aid of Divine Providence, in
order to establish a government that shall embody 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 regime of justice, liberty, and
democracy, do ordain and promulgate this constitution.”
• The Commonwealth was meant to lay down the foundations for an
independent, fully-functional state. Its priorities could be seen in
the first laws enacted by the new National Assembly:
Commonwealth Act No. 1 established the Philippine Army and a
national defense policy;
Commonwealth Act No. 2 established the National Economic Council;
Commonwealth Act No. 3 created the Court of Appeals.
• The 1935 Constitution was amended in 1940 to permit the
reelection of the president and the vice president, to restore the
Senate and thus shift the legislature back to the bicameral system,
and to establish a national electoral authority, the Commission on
Elections. The proposed amendments were ratified in a plebiscite
held on June 18, 1940.
 Articles under 1935 Constitution
ARTICLE I: The National ARTICLE VI: Legislative
Territory Department
ARTICLE II: Declaration of ARTICLE VII: Executive
Principles Department
ARTICLE III: Bill of Rights ARTICLE VIII: Judicial
ARTICLE IV: Citizenship Department
ARTICLE V: Suffrage ARTICLE IX: Impeachment
ARTICLE X: Commission on
Elections
 Other articles in 1935 Constitution
ARTICLE XI: General Auditing Office
ARTICLE XII: Civil Service
ARTICLE XIII: Conservation and Utilization of Natural Resources
ARTICLE XIV: General Provisions
ARTICLE XV: Amendments
ARTICLE XVI: Transitory Provisions
ARTICLE XVII: Special Provisions Effective upon the Proclamation
of the Independence of the Philippines
ARTICLE XVIII: The Commonwealth and the Republic
• The original 1935 Constitution provides, inter alia, for a
unicameral Legislature and a single six-year term for the
President. It was amended in 1940 to have a bicameral
Congress composed of a Senate and House of Representatives,
as well the creation of an independent Commission on
Elections. The Constitution limited the President to a four-year
term with a maximum of two consecutive terms in office.
• A Constitutional Convention was held in 1971 to rewrite the
1935 Constitution. The convention was stained with manifest
bribery and corruption. Possibly the most controversial issue
was removing the presidential term limit so that Ferdinand E.
Marcos could seek election for a third term, which many felt
was the true reason for which the convention was called. In
any case, the 1935 Constitution was suspended in 1972 with
Marcos' proclamation of martial law, the rampant corruption
of the constitutional process providing him with one of his
major premises for doing so.
1943 Constitution
THE 1943 CONSTITUTION Ratified on September 7, 1943 during the
Japanese Occupation
• The 1943 Constitution is composed of a preamble and twelve
articles.
• The 1943 Constitution creates a Republican state with a powerful
executive branch and subordinate legislative and judicial branches.
• The 1943 Constitution enumerates the duties and rights of the
citizens, requires the government to develop Tagalog as the
national language, and stipulates that one year after the
termination of the Great East Asia War or the World War II; a new
constitution shall be formulated and adopted to replace this
Constitution.
The 1973 Philippine
Constitution
 Constitution of the Republic of the
Philippines
• The 1973 Constitution
• Ratified on January 17, 1973

Features:
• Establishment of a modified parliamentary government
• Suspension of the Bill of Rights
• Has given greater power to the Executive Department
Philippine Constitutional Convention in 1971
-was called to change the 1935 Constitution
-1971, delegates were selected by the district
legislators (320)
-June 1971 – November 1972
-December 1, 1972 (Final Draft was submitted
to the President)
-As the convention happening throughout 1971-
1972, he declares Martial Law
-August 24 1970, congress enacted RA No. 6132
for the purpose of Constitutional Convention
The 1973 Constitution was ratified on January 17, 1973 in
accordance with the Presidential Proclamation No, 1102
issued by the President Ferdinand E. Marcos

Thanksgiving Day (Proclamation No. 1180 s. 1973)

Presidential Decree No. 86 series of 1972

(Citizens assemblies
14,976,561 votes – YES
743,869 – NO
Viva Voce Voting (January 10-15, 1973)
Reasons on the “URGENT” ratification of
the 1973 Philippine Constitution

- Juan Ponce Enrile was ambushed on his

way to his home
-New People’s Army growing population
- Citizen unrest
- To extend his Presidency once again
(revoke the 1935 Constitution)
-1971 Plaza Miranda Bombing
-shift from presidential to parliamentary
system
-parity rights agreement was abolished
-govern by decree, suppressing democratic
institution, restricting civil freedom
-total control of bureaucracy, the military
and the Supreme Court
-Amendment No. 6 (1976)
-one-man-rule
-Rubber stamp legislature (approving
what the president proposed)
-January 17,1981 (lifting of martial
law) Proclamation No. 2045
-press freedom, civil liberties, closed
down congress and media, arrest of
opposition leaders and militant activist
-writ of habeas corpus
Martial was declared in September 23,
1972
Ninoy was killed on August 21, 19830
Snap Election on February 7, 1986
1986 Freedom
Constitution
 1986 Freedom Constitution
Date created: October 12, 1986
Date presented: October 15, 1986
Commissioned by: Revolutionary Government of Corazon Aquino
1987 Philippine
Constitution
• The 1987 Constitution
• Ratified on February 2, 1987

Features:
• Reinstitution of a democratic government
• Separation of church and state
• Sovereignty of the people
• Renunciation of war as a national policy
• Supremacy of civilian authority over the military
• Separation of powers
 1987 Philippine 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.
• ARTICLE I - NATIONAL TERRITORY
• ARTICLE II - DECLARATION OF PRINCIPLES AND STATE POLICIES
• ARTICLE III - BILL OF RIGHTS
• ARTICLE IV - CITIZENSHIP
• ARTICLE V - SUFFRAGE
• ARTICLE VI - LEGISLATIVE DEPARTMENT
• ARTICLE VII - EXECUTIVE DEPARTMENT
• ARTICLE VIII - JUDICIAL DEPARTMENT
• ARTICLE IX - CONSTITUTIONAL COMMISSIONS
• ARTICLE X - LOCAL GOVERNMENT
• ARTICLE XI - ACCOUNTABILITY OF PUBLIC OFFICERS
• ARTICLE XII - NATIONAL ECONOMY AND PATRIMONY
• ARTICLE XIII - SOCIAL JUSTICE AND HUMAN RIGHTS
• ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS
• ARTICLE XV - THE FAMILY ARTICLE
• XVI - GENERAL PROVISIONS
• ARTICLE XVII - AMENDMENTS OR REVISIONS
• ARTICLE XVIII - TRANSITORY PROVISIONS