THE PHILIPPINE
CONSTITUTION
WHAT IS CONSTITUTION?
In general, “sets out the formal structure of the state,
specifying the powers and institutions of central
government, and its balance with central authority.” Is
the fundamental principles and laws of a nation, state, or
social group that determine the powers and duties of the
government and guarantee certain rights to the people.
CONSTITUTION COULD BE WRITTEN OR
UNWRITTEN.
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WHAT IS CONSTITUTION?
The first and the oldest written constitution ever
made was that of the United States of America.
The First Philippine Republic was given birth following
the tradition of having a codified rules for countries
around the globe to recognize our independence.
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HOW CAN A CONSTITUTION BE
CHANGE/AMEND?
PEOPLES’ INITIATIVE- THE PEOPLE
DIRECTLY PROPOSE CHANGES TO THE
CONSTITUTION. (12%)
CONSTITUENT ASSEMBLY- SIMPLE VOTE
OF MAJORITY OF MEMBERS (3/4)
CONSTITUTIONAL CONVENTION- can be
called by 2/3 of Congress. 4
THE EVOLUTION OF
PHILIPPINE ASSEMBLY
A provisionary Constitution during the
Philippine Revolution. Promulgated on
November 1, 1897
THE
Written in Spanish by Isabelo Artacho BIAK NA
BATO
and Felix Ferrer. CONSTI
It was said to derived from constitution TUTION
of Cuba called Jimaguayu.
Signed by Emilio Aguinaldo and
Fernando Primo de Rivera
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Three organs of the government:
(1) Supreme Council- headed by president
and 4 department secretaries.
(2) Supreme Council of Grace and THE
Justice- they make the decisions dictates BIAK NA
BATO
rules for administration of justice. CONSTI
(3)Assembly of Representatives- TUTION
convened after the revolution to create new
constitution.
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Never implemented since the Pact of Biak-
na-Bato was signed between Spanish and THE
Philippine Revolutionary Army. BIAK NA
BATO
CONSTI
TUTION
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17 September 1898 Malolos Congress elected
members composed of wealthy and educated men.
29 November 1898 approved by Congress
THE
MALOL 21 January 1899 promulgated by Aguinaldo
OS with title “The Political Constitution of 1899”
CONSTI
TUTION
Felipe Calderon patterned it after Spanish
Constitution of 1812
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According to Title III, Article 5 of the Malolos
Constitution: "The State recognizes the freedom and
equality of all beliefs, as well as the separation of
Church and State.“
THE
MALOL SALIENT FEATURES:
OS 1. Called for creation of an Assembly of
CONSTI
Representatives to act as legislative body
TUTION
2. President was elected for a term of 4 years.
3. established a democratic, republication
government with three branches.
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Dec. 10, 1898 to March 24, 1934
Philippines was a US colony
ACTS
Passed (2) acts: Philippine Organic Act of OF THE
1902 and Philippine Autonomy Act of 1916 US
CONG
The third act was Tydings-McDuffie Act of RESS
1934 (1902-
1934)
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1. Philippine Organic Act of 1902
Also known as “Philippine Bill of 1902” or
Cooper Act.
ACTS
OF THE
Specified that legislative power vested in a US
bicameral legislature: Philippine Commission CONG
and Philippine Assembly RESS
(1902-
Appointment of 2 Filipino resident 1934)
commissioner.
PABLO OCAMPO AND BENITO
LEGARDA 12
2. Philippine Autonomy Act of 1916
Also known as “Jones Law” which removed
the Philippine Commission replacing it with a
ACTS
Senate elected by Filipino OF THE
Sponsored by William Atkinson Jones. US
CONG
Independence can be granted as long as stable RESS
government can be established. (1902-
1934)
Wood-Forbes Mission- sent to the Philippines by
newly elected U.S. president Warren Harding in
March 1921, 13
TRANSITION TO INDEPENDENCE
BEFORE COMMONWEALTH PERIOD
ACTS
Commission on Independence- created by the OF THE
Philippine legislature. The commission US
recommend the sending of independence CONG
mission to US. RESS
The OSROX MISSION- Led by Osmena (1902-
and Roxas. 1934)
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HARE-HAWES CUTTING ACT (1933)
Granting the Philippine independence after
12 years.
ACTS
OF THE
TYDINGS-MCDUFFIE ACT (1934) US
Provided authority and defined CONG
mechanisms for the establishment of a formal RESS
constitution via constitutional convention. (1902-
Provided for a 10-year transition period to 1934)
independence.
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Created the Commonwealth of the Philippines,
an administrative body from 1935 to 1946
Transitional to prepare for eventual
THE independence.
COMMO Granted women suffrage two years after
NWEALT adoption
H Provided for a unicameral National Assembly
CONSTI
with president and vice-president elected for six-year
TUTION
(1935) term with no re-election
Amended in 1940 to have bicameral Congress
composed of a Senate and a House of
Representatives.
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Limited term of office of the president and vice
president to four years, with one re-election.
February 8, 1935 approval by Con-Con
THE March 25, 1935 ratified by Pres. Franklin B.
COMMO Roosevelt
NWEALT September 16, 1935 Manuel L. Quezon elected
H president
CONSTI
On December 30, President Quezon issued
TUTION
(1935) Executive Order No. 134, s. 1937, approving the
adoption of Tagalog as the language of the
Philippines,
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Drafted by the Preparatory Committee for
Philippine Independence appointed by
Philippine Executive Commission.
Premier Hideki Tojo promised
independence in 1942. 1943
Ratified in 1943 by an assembly of CONSTI
appointed, provincial representatives of TUTION
Kalibapi. (Kapisanan sa Paglilingkod sa Bayan)
The second republic came into being.
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Jose P. Laurel was appointed president by
the National Assembly, declared a state of war
against US and British Empire.
Macapagal administration officially 1943
recognized Laurel as a former president CONSTI
TUTION
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Dec. 30, 1965 Marcos was inaugurated
president.
1967 Philippine Congress passed a resolution
calling for a Con-Con to change the 1935
constitution.
THE 1973 1969 Marcos was re-elected with allegations of
CONSTI overspending and use of government funds during
TUTION
campaign period.
June 1, 1971 Con-Con began with Carlos P.
Garcia as convention president
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Presidential Decree 1081 was proclaimed
declaring on September 21, 1972 martial law.
November 30, 1972, the draft of 1973 constitution
was finally approved.
THE 1973 1973 constitution introduced parliamentary style
CONSTI government.
TUTION
The constitution vests the legislative power in
National Assembly. The president and prime minister
was elected.
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Amended four times.
16-17 October 1976 “Citizen Assemblies”
martial law be continued and ratified the amendments
1. From National Assembly to Batasang
Pambansa.
THE 1973 2. President would also become Prime
CONSTI Minister and continue exercise legislative
TUTION
powers until such time martial law was lifted.
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The final form was the abolition of the Senate.
House of Representatives became known as
THE 1973 Batasang Pambansa, Departments became
CONSTI “Ministries”, cabinet secretaries to “cabinet
TUTION
ministers”, Executive Secretary to “Prime Minister”.
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1986 People power Revolution ousted
Marcos.
Pres. Corazon C. Aquino issued
Proclamation No. 3 as a provisional THE
constitution. FREEDO
Also called “Freedom Constitution” M
CONSTI
Intended as a temporary constitution to TUTION
ensure freedom of the people and the return to (1986)
democratic rule.
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Constitutional Commission was established
composed of 50 members
1. Civil Service Commission
2. Commission on Election
3. Commission on Audit
1987 Cecilia Muñoz Palma the Commission president.
CONSTI
TUTION
Draft finished on October 12, 1986
Ratified by a nationwide plebiscite on February
8, 1987
Begins with preamble with 18 articles
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A “democratic republican State”, sovereignty
resides in the people and all government authority
emanates from them”
Presidential system with three branches as check
and balance
1987 Allows martial law in times of emergency only
CONSTI for 60 days
TUTION
Legislative powers in the Congress: Senate and
House of Representatives (234 districts)
Congress may declare a state of war thru 2/3
votes in upper and lower houses
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PREAMBLE
We, the sovereign Filipino people, imploring the
aid of the almighty god, in order to build a just
and humane society, and establish a government
that shall embody our ideals and aspirations,
1987 promote the common good, conserve and develop
CONSTI our patrimony, and secure to ourselves the
TUTION
blessing of independence and democracy, under
the rule of law and a regime of truth, justice,
freedom, equality, and peace, and do ordain and
promulgate this constitution.
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