The Philippine Constitutional History
The Philippine Constitutional History
The Philippine Constitutional History
Philippine Constitution
- Is that written instrument enacted by direct action of the people by which the fundamental
powers of the government are established, limited and defined, and by which those powers
are distributed among the several departments for their safe and useful exercise for the
benefit of the body politic.
Constitutional History:
1. Treaty of Paris
2. Mckinley’s Instruction
3. The Spooner Amendment
4. Bill of 1902
5. Jones law a.k.a. Ph Autonomy Act
6. Tydings- Mcduffie law
7. 1935 constitution
8. 1973 constitution
A. Treaty of Paris
1. signed on December 10, 1898 giving the sovereignty of Spain to Us and became effective
on April 11, 1899.
2. Change of sovereignty leads to all laws which are political in nature be automatically
abrogated.
3. Status of all inhabitants are now determined by US.
D. Ph bill of 1902
1. Us congress ratified all organic act of the Us President.
2. First organic act of the Ph was made.
3. Significant provisions to Constitutional History:
a. Ph commission is the upper house (Senate as of now)
b. Ph Assembly is the lower house (House of Representative now)
c. Called for 1st election for lower house.
d. March 28, 1903, Census was finished.
e. July 10, 1907 election was held and Osmena was elected as the speaker.
f. Definition of the Filipino Citizen is established.
E. The Jones Law (August 29, 1916) Ph Autonomy Act
1. US Congress passed this law
2. Established a tripartite government with separation of powers
3. Prototype of our current constitution.
4. Executive – Americans, Legislative – Filipinos, Judiciary- SC, CFI, JPC
10. April 23, 1946. Election of the 1st republic was held.
11. July 04, 1946. Republic was inaugurated and the Philippines became politically
independent on the US.
**US withdrew its sovereignty; but not economically.
1946-1954-1974 “bell trade act” was still in motion.
12. March 05,1947. Ratified.
a. Amendment through convention was accepted.
b. Increase seats was denied.
c. Allowing members of house without forfeiting their seats was also denied.
13. Election of delegates on Constitutional Convention
14. June 1, 1971
a. Amendment of the 1935 Constitution which reduced voting age from 21 to 18.
b. Plebiscite was set on Nov. 1971
c. However, 1935 constitution states that amendment should be done on election.
• Court upheld its jurisdiction on the constitutional convention by arguing that the concon
was based on constitution, hence its powers is solely based on the constitution.
• Martial law was held.
• November 30, 1972, constitutional convention submitted its draft of a proposed
constitution to president who called for plebiscite to ratify the current constitution.
• Pres. cancel the plebiscite and held a citizen’s assembly on January 10-15, 1973.
• January 17, 1973, Proclamation. 1973 constitution will have full force and take effect by
the ratification of the people in a viva voce vote.