Evolution of the Philippine Constitution

The constitution is defined as a set of fundamental principles or established precedents according to

which a state or other organization is governed, thus, the word itself means to be a part of a whole, the
coming together of distinct entities into one group, with the same principles and ideals.

The constitution of the Philippines, has been in effect since 1987. There wete only three other
constitutions that have effectively governed the country: the 1935 Commonwealth Constitution, the
1973 Constitution, and the 1986 Freedom Constitution.

Earlier Constitutions attempted by Filipinos in the struggle to break free from the colonial yoke

1897: Constitution of Biak-na-Bato

The constitution of Biak-na-Bato was the provisionary constitution of the Philippine Republic dyring the
Philippine Revolution, and was promulgated by Philippine Revolutionary Government on November 1,
1897.

The organs of the government under the Constitution were:

1. The Supreme Council

2. Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice)

3. Asemblea de Representantes (Assembly of Representatives)

Primary Source: Preamble of the Biak-na-Bato Constitution

The separation of the Philippines from the Spanish monarchy and their formation into an independent
state with its own government called the Philippine Republic has been end sought by the Revolution
begun on August 24, 1896. The representatives of the Revolution in a meeting at Biak-na-Bato on
November 1, 1897.

1899: Malolos Constitution

After the signing of the truce, the Filipino revolutionary leaders accepted a payment from Spain and
went to exile in Hong Kong. Upon the defeat of the Spanish to the Americans in the Battle of Manila Bay
on May 1, 1898, the United States Navy transported Aguinaldo back to the Philippines. The comeback of
Aguinaldo, the newly reformed Philippine revolutionary forces reverted. The Philippine Declaration of
Independence was issued on June 12, 1898, together with several decrees that formed the First
Philippine Republic. The Malolos Congress was elected, which selected a commission to draw up a draft
constitution on September 17, 1898, which was composed of wealthy and educated men. The document
was approved by the Congress on November 29, 1898, and promulgated by Aguinaldo on January 21,
1899, was titled "The Political Constitution of 1899.

The constitution was written in Spanish that has 39 articles divided into 14 titles, with eight articles of
transitory provisions, and a final additional article.

According to Felipe Calderon, main author of the Constitution, these countries were studied because
they shared similar social, political, ethnological, and governance conditions with the Philippines.

Primary Source: Preamble of the Political Constitution of 1899

We, the representatives of the Filipino People, lawfully convened, in order to establish justice, provide
for common defense, promote the general welfare and insure the benefits of liberty, imploring the aid of
the Sovereign Legislator of the Universe for the attainment of the ends, have voted, decreed, and
solicitated the following political constitution.

The people delegated governmental functions to civil servants while they retained actual sovereignty.
The 27 articles of Title IV detail the natural rights and popular sovereignty of Filipinos, the enumeration
of which does not imply the prohibition of any other rights not expressly stated. Title III, Article V also
declares that the State recognizes the freedom and equality of all beliefs, as well as the separation of
Church and State.

The form of government, according to Title II, Article 4 is to be popular, representative, alternative, and
responsible, and shall exercise three distinct powers-legislative, executive, and judicial. The legislative
power was vested in a unicameral body called the Assembly of Representatives, members of were given
or which are elected for terms of four years. Executive power was vested in the president, and elected by
a constituent assembly of the Assembly of Representatives and special representatives. There was no
vice president, and in case of vacancy, a president was to be selected by the constituent assembly.

Thw 1899 Malolos Constitution was never enforced due to the ongoing war. The Philippines was
effectively a territory of the United States, the signing of the Treaty of Paris between Spain and the
United States, transferring sovereignty of the Philippines on December 10, 1898.

1935: The Commonwealth Constitution

Two acts of the United State Congress were passed that may be considered to have qualities of
constitutionality. First, was the Philippine Organic Act of 1902. The act specified that legislative power
would be vested in a bicameral legislature composed of the Philippine Commission as the upper house
and the Philippine Assembly as lower house. Key provisions of the act included a bill of rights for
Filipinos and the appointment of the two non-voting Filipino Resident Commissioners of the Philippines
as representative to the United States House of Representatives. The second act of that functioned as a
constitution was the Philippine Autonomy Act of 1916, commonly referred to as "Jones Law", which
modified the structure of the Philippine through the removal of the Philippine Commission replacing it
with the Senate that served as the upper house and its members elected by the Filipino voters, the first
truly elected national legislature.

In 1932, with the efforts of the Filipino independence mission led by Sergio Osmeña and Manuel Roxas,
the Unites State congress passed the Hare-Hawes-Cutting Act with the promise of granting Filipinos'
Independence. The bill was opposed by then Senate President Manuel L. Quezon and consequently,
rejected by the Philippine Senate.

By 1934, another law, the Tydings-McDuffie Act, also known as the Philippine Independence Act, was
passed by the United State Congress that provided authority and define mechanisms for the
establishment of a formal constitution by constitutional convention. The members of the convention
were elected and held their first meeting on July 30, 1934, with Claro M. Recto unanimously elected a
president.

The Constitution was crafted to meet the approval of the United States Government, and to ensure that
the United State would live up to its promise to grant independence to the Philippines.
Primar Source: Preamble of 1935 Commonwealth

The constitution created the Commonwealth of the Philippines an administrative body that govern the
Philippines from 1935 to 1946. It is a transitional administration to prepare the country toward its full
achievement of Independence.

The draft of the constitution was approved by the Constitutional convention on February 8, 1935, and
ratified by then U.S President Franklyn B. Roosevelt on March 25, 1935. Elections were held in
September 1935 and Manuel L. Quezon was elected President of the Commonwealth.

The Commonwealth was briefly interrupted by the events of the World War II,with the Japanese
occupying the Philippines. Afterward, upon liberation, the Philipine was declared an Independence
republic on July 4, 1946.

1973: Constitutional Authoritarianism

In 1965, Ferdinand E. Marcos was elected president, and in 1967, Philippine Congress passed a
resolution calling for a constitutional convention to change the 1935 Constitution. Marcos won the re-
election in 1969, in a bid boosted by campaign overspending and use of government funds. Elections of
the delegates to the constitutional convention were held on November 20, 1970, and the convention
began formally on June 1, 1971, with former President Carlos P. Garcia being elected as convention
President. Unfortunately, he died, and was succeeded by another former President, Diosdado
Macapagal.

Before the convention finished its work, Martial Las was declare. Marcos cited a growing communist
insurgency as reason for the Martial Law, which was provided for in the 1935 constitution. With Marcos
as dictator, the direction of the convention turned, with the account that the President himself dictated
the some provisons of the constitution, manipulating the document to be able to hold on to power for as
long as he could. On November 29, 1972, the convention approved its proposed constitution

President Marcos issuesd Presidential Decree No. 73 setting the date of the plebiscite to ratify or reject
the proposed constitution on November 30, 1973. This plebiscite was postponed later on. Instead of
plebiscite, Citizen Assemblies were held, from January 10-15, 1973, where the Citizens coming together
and voting by hand. The president, on January 17, 1973, issued a proclamation announcing that the
proposed constitution had been ratified by an overwhelming vote of the members of the highly irregular
Citizen Assemblie. The constitution wad amended several times.

After all the amendments introduced, the 1973 Constitution was merely a way for the President to keep
the executive powers, abolish the Senate, and by any means, never acted as a parliamentary system,
instead functioned as an authoritarian presidential system, with all the real power concentrated in the
hands of the president, with the backing of the constitution.

The situation in the 1980s had been very turbelent. As Marcos amassed power, discontent has also been
burgeoning. The tide turned swifly when in August 1983, Benigno Aquino Jr., opposition leader and
regarded as the most credible alternative to President Marcos, was assasinated while under military
escort immediately after his return from exile in the United States. This went cause the coming together
of the non-violent opposition against the Marcos authoritarian regime. Marcos was then forced to hold
"snap" elections a year early, and said elections were merred by widespread fraud. Marcos declared
himself winner despite international condemnation and nationwide protests. This triggered what came
to be known as EDSA People Power Revolution of 1986, as people from all walks of life spilled on the
streets. Under pressure from the United States of America, who used to support Marcos and his Martial
Law. The Marcos family fled into exile. His opponent in the snap elections, Benigno Aquino Jr. 's widow,
Corazon Aquino, was installed as president on February 25, 1986.