MINDANAO STATE UNIVERSITY AT NAAWAN

College of Education and Social Sciences

GEC 105 – Readings in Philippine History

Evolution of The Philippine Constitution

Name: ________________________________________ Score: __________________

Year/Course:_____________________________________ Date: __________________

Learning Outcomes
At the end of this lesson, you should be able to:
1. Explain the importance of a constitution in a nation;
2. Trace the development of the Philippine Constitution throughout the country’s
history; and
3. Discuss the significant features and provisions incorporated in the seven
Philippine Constitutions.

A constitution is defined as the fundamental law of a nation or state. It is the constitution

that establishes the character and basic principles of the government. The system that runs the
government is often codified in this written document, which forms the fundamental rules and
principles by which an organization is managed. It is these same principles that make clear the
rights of the individual and creates limitations to government power. A constitution is also
described as “the highest expression of the law.”

The purposes of a constitution is as follows:

1. It prescribes the kind of government that will exist in the state.
2. It creates the different departments and specifies their respective functions and
duties.
3. It is the source of the sovereign powers of a government by establishing the fixed,
first or basic principles.
4. It promotes public welfare. The constitution establishes the rights of the people
which the government is obligated to protect.

The constitution is written by a constitutional convention which is a body assembled for

the express purpose of framing or writing a constitution, revising an existing one, or proposing
amendments to it.

After writing the constitution, the draft constitution or its amendments/revisions are
submitted to a plebiscite for ratification in which the people will decide whether it is acceptable
to become a law of the land. The results are then considered and followed by the government.
This is different from a referendum in which a law passed by a legislative body is brought before
the people to be voted upon. The results, however, may or may not be considered by the state.

A history of the Philippine Constitutions

At least seven Philippine Constitutions were framed in our history.

The Biak-na-Bato Republic Constitution (1897)

The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of
General Emilio Aguinaldo fled to the mountains of Biak-na-Batao in San Miguel de Mayumo,
Bulacan. The Spanish forces led by Gen. Miguel Primo de Rivera realized that even though they
could crush the rebels in Bulacan, it did not mean the revolution would end for it was already
widespread in the other provinces. The Spaniards soon sued for a truce with the revolutionary
forces.

In order to consolidate the forces still fighting in the other provinces, Aguinaldo met with
his leaders to establish a recognized government. A revolutionary government had already been
formed in March that year with Aguinaldo as president in Tejeros, San Francisco de Malabon
(now General Trias) in Cavite. It was this government that was now in Bika-na-Bato.

An assembly of Filipino rebel leaders were called and it was agreed that a republican form
of government would be formed. Two Filipinos, Isabelo Artacho and Felix Ferrer were tasked to
write a constitution. Both decided to adopt the provisions of the Constitution framed in
Jimaguayu, Cuba and from this, the Constitution of Biak-na-Bato was formulated.

The constitution was promulgated by the Philippine Revolutionary Government on

November 1, 1897, and became the provisionary constitution of the government during the
Revolutionary against Spain.

In spite of being a copied constitution, the Biak-na-Bato Constitution had its own unique
features: its preamble reiterated the objective of the Revolution which was “the separation of
the Philippines from the Spanish monarchy and their formation into an independent state with
its own government.” The government that was formed was a Supreme Council composed of a
President, a Vice-President, a Secretary of the Interior, a Secretary of the Foreign Relations, a
Secretary of War, and a Secretary of Treasury. This council had sweeping powers of government
which included the power to issue orders and other laws for the security of the State, to impose
and collect taxes, to raise an army, to ratify treaties, and to convene an Assembly of
Representatives. The official language was Tagalog. The judiciary power was vested in another
Supreme Council of Justice. Article XXII to XXV were essentially the Bill of Rights accorded to every
Filipino.
 This constitution was to last only for two years during which, at certain periods, it was
superseded by laws and decrees made by Aguinaldo.

The Malolos Republic Constitution (1899)

Following the defeat of Spain by the United States in the Spanish-American War in 1898,
the Filipinos began their task of creating the independent nation they valiantly fought for in 1896.
On June 12, 1898, the Philippine independence was declared and, two weeks later, Aguinaldo
ordered the covening of a Congress in Malolos, Bulacan. Elections were held for the delegates in
the provinces that were already free from Spanish forces. For the other areas where battles
against the Spaniards were still being fought, Aguinaldo appointed delegates. . the Malolos
Congress had its inaugural session at Barasoain Church in Malolos on September 15, 1898 amidst
a large celebration and coverage by both the local and foreign press. The delegates then
convened Congress and elected its officers. One of its first acts was to ratify the Independence
declaration in Kawit.

The congress was originally conceived by presidential adviser Apolinarion Mabini to be an

advisory body to the President. But another group led by delegate Pedro Paterno decided to
create a constitution to form a government that would be recognized by foreign powers. Mabini
was against this for he believed that peaceful conditions should first prevail before a constitution
should be drafted, he was, however, overruled by Paterno and his allies.

Discussions for the Constitution began on October after the submission of a draft by
Felipe Calderon. Calderon drew inspiration from the constitutions of Mexico, Belgium,
Guatemala, Costa Rica, Brazil, and France. One of the heated discussions focused on the issue of
the union of Church and State where Catholicism would be the state religion. The proposal was
voted on twice by the Congress. The first was a tie and the second voting session resulted in the
victory for separation by only one vote. The constitution was approved by the Malolos Congress
on November on November 29, 1898 and forwarded to President Aguinaldo for approval.

The original draft of the constitution, however, emphasized a popular government which
means supreme power is given to a legislative body since it is the representative of the people.
This means that the President as well as the judiciary including the Supreme Court would be
selected by the legislative body which, at that time, was the Malolos Congress. Mabini objected
to this proposal and the approval of the Constitution was delayed. The amendments were made
the document was finally approved by Aguinaldo on January 21.

The Malolos Constitution was the first republican constitution in Asia. Its main features
were as follows:
1. It was based on democratic traditions in which the government formed was “popular,
representative and responsible” with three distinct branches – the executive, the
legislative, and the judicial.
 2. It called for a presidential form of government with the president elected for a term
of four years by a majority of the Assembly convened as a constituent assembly;
3. It recognized the freedom of religion and the separation of the Church and State;
4. It emphasized and safeguarded the basic civil rights of not only Filipinos but
foreigners, through a Bill of Rights (Articles XIX to XXIII).

The approval of the Constitution and the creation of the Republic did not end the strife
between the Congress and Mabini. Mabini was eventually replaced as president of the Cabinet
several months later.

To see the content of the Malolos Republic Constitution 1899, you can click the link:
https://lawphil.net/consti/consmalo.html#top

The first Philippine Republic was inaugurated on July 23,

1899 at the Barasoain Church where Emilio Aguinaldo
took his oath of office as the first President of the
Republic. This was followed by the reading of the Malolos
Constitution and the taking of the oath of loyalty by the
Army.
The Malolos Republic was the first democratic
government of the country. It had a form of governance
that included the management of social services,
education, the creation of an Army, a monetary system,
and diplomatic activities. It even had a government
publication in order to spread to the foreign nations the
ideals of the new republic and to ask for support for its
recognition.
The Republic, however, was a short-lived government. Its
demise began at the start of the Philippine-American War
in February 1899 and ceased to exist with the capture of
President Aguinaldo in Palanan, Isabela in March 1901.
Figure 1. The Malolos Republic Constitution By that time, the Americans had firmly established
https://www.flickr.com/photos/28098727@N00/ themselves as the new colonizers of the Philippines
29181379144 with a military government running the country. In
July 1901, they formally established the first civil government in the islands.
The 1935 Constitution and the Commonwealth Government

For over a decade, the Americans ran the government in the Philippines with Filipinos
given a role in the legislative function when the Philippine Assembly was established in 1907. It
was only during the administration of Governor-General Francis Burton Harrison (1913-1921)
that the Filipinization policy of the government was put in place. Filipinos were given a hand in
running the country. Majority of the Philippine Commission members and civil servants were
replaced by Filipinos. Soon, the colonial administration placed much of the country’s governance
in the hands of the Filipinos. One year later, the Jones Law of 1916 also known as the Philippine
Autonomy Act was passed by the US Congress.

The Jones Law reorganized the government with an American governor-general, a

Cabinet, and an all-Filipino legislature composed of the Senate and the House o Representatives.
It also provided both the executive and legislative sectors power over domestic affairs. The new
Philippine Legislature was inaugurated on October 16, 1916 with Sergio Osmeña as House
Speaker and Manuel Quezon as Senate President. In addition to this, Harrison also formed the
Council of State as an advisory body to the governor-general.

Despite the American concession of letting the Filipinos run their own government, the
prospect of independence was not erased from the minds and hearts of the Filipinos. To address
this, the Jones Law provided the presence of two resident commissioners to the US to sit and
observe the proceedings of the US Congress. They were eventually replaced by a Commission on
Independence or parliamentary missions to the US to petition for Philippine Independence.

From 1918 to 1932, there were at least five Philippine independence missions to the
United States. The efforts paid off with the creation and approval of the Tydings-McDuffie Law
by the US Congress. This law was approved on March 24, 1934 and was known as the Philippine
Independence Act. It provided for the drafting and guidelines of a constitution for a 10-year
“transitional period” government before the granting of independence. This was known as the
Commonwealth Government.

Following the signing of the Tydings-McDuffie Law, the Philippines began to ready itself
for its transition from a colonial country into a self-governing nation.

On July 10, 1934, an election was held to vote for the delegates to write a constitution for
the Philippines. Two hundred two delegates were elected and the convention was opened on
July 30. The draft of the Constitution was finished by January 31, 1935and was approved by the
convention on February 8. There was only one dissenter, Tomas Cabili of Lanao, who felt that the
Constitution did not serve the people of Mindanao.

The Constitution was approved by the US President Franklin Delano Roosevelt on March
23, 1935 and ratified by the Filipino people in a plebiscite on May 14, 1935.
 The 1935 Constitution of the Philippines served as the fundamental law of the land from
1935 to 1972. It established the Commonwealth of the Philippines and provides that upon
withdrawal of American sovereignty in the country and the declaration of Philippine
independence, the Commonwealth shall be known as the Republic of the Philippines.

The 1935 Constitution enumerated the composition, powers, and duties of the three
branches of government (the executive, legislative, and judicial) and created the General Auditing
Office and laid down the framework in the establishment of the civil service in the country. The
other provisions included of a Bill of Rights, a provision for women’s suffrage giving women the
right to vote and to be a part of Philippine politics for the first time, the creation of a Philippine
Armed Forces for national defense, and the development of a national language.

The framing of the 1935 Constitution was a momentous event for the Filipino people. It
showed the Americans that Filipinos had the capability for self-government with the creation of
the Commonwealth Government in 1935 that led to the country’s independence a decade later.

To see the the content of the 1935 Constitution and the Commonwealth Government,
you can click the link: file:///C:/Users/Me/Downloads/1935-Philippine-Constitution.pdf

The Japanese Occupation and the Second Philippine Republic (1943 Constitution)

The Commonwealth Government was interrupted by the Second World War and the
Japanese Occupation of the Philippines. The Commonwealth under President Manuel Quezon
went into exile in the United States. As part of their policy of attraction in their Greater East Asia
Co-Prosperity Sphere program, the Japanese offered to grant the Philippines its independence.

Acting on the others of the Japanese military, the Kapisanan ng Paglilingkod sa Bagong
Pilipinas or KALIBAPI, a Filipino political party that served as the political party during the
Japanese occupation, convened and elected a Philippine Commission for Philippine
Independence (PCPI) to write a new constitution. This was finished and signed on September 4,
1943 in a public ceremony and ratified by the KALIBAPI a few days later. On October 14, 1943, as
provided for in the new constitution, the second Philippine Republic was inaugurated with Jose
P. Laurel as President.

The 1943 Constitution was basically a condensed version of the 1935 Constitution
consisting only of a preamble and 12 articles. It was transitory in nature as it was only effective
during the duration of the war. It created a Republic with three offices (executive, legislative, and
judicial) but owing to the war, no legislature was convened. Instead, the powers of government
were concentrated with the President. The Bill of Rights basically enumerated the citizen’s duties
and obligations rather than their constitutional rights and Tagalog was declared the national
language.
 The 1943 Constitution was recognized as legitimate and binding only in Japanese-
controlled areas of the Philippines but was ignored by the United States government and the
Philippine Commonwealth government in-exile. It was abolished eventually along with the
Second Republic upon the liberation of the Philippines by American forces in 1945 and the re-
establishment of the Commonwealth in the Philippines.

The 1973 Constitution and the Marcos Dictatorship

On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel. Its
purpose was to write a new constitution that would meet the new challenges confronting the
Philippine Republic that developed since it was formed in 1946. It was during the second term of
President Ferdinand Marcos that the convention opened.

Almost immediately, the convention became controversial. The delegates concentrated

more on speeches and giving themselves allowances before actually sitting down to discuss the
provisions of the new constitution. Meanwhile, the peace and order situation brought about the
First Quarter Storm deteriorated with student rallies and other protests rocking the metropolis.
The biggest scandal came when Leyte delegate Eduardo Quintero accused Marcos of bribing
delegates to vote for provision to extend the presidential term of office and to change the form
of government.

But the convention’s activities soon came to a temporary halt when President Marcos
declared martial law on September 21, 1972. He abolished Congress and reorganized the
government. Several days later, the convention was reconvened and a draft constitution was
finally finished and approved on November 30. Instead of being ratified by a plebiscite, however,
Marcos submitted it to “citizen assemblies” that was formed to approve or reject the new
constitution. Te plebiscite was held from January 10-15, 1972 and the constitution was
overwhelmingly approved. On January 17, 1973, President Marcos signed Proclamation No. 1102
declaring the 1973 Constitution ratified.

The 1973 Constitution provided for a parliamentary form of government in which the
President was the symbolic head of state and the Prime Minister was the head of government.
The Prime Minister, who was nominated by the President, acted as head of the Cabinet.

Legislative power was vested in the Batasang Pambansa. The constitution also provided
for the establishment of the Civil Service Commission, the Commission on Elections, and the
Commission on Audit.

To see the the content of the Second Philippine Republic 1943, you can click the link:
file:///C:/Users/Me/Downloads/1973-Constitution-of-the-Republic-of-the-Philippines.pdf

In 1981, amendments were made to the 1973 Constitution and the President was
restored from a symbolic head of state to its original status as the head of state and chief
executive of the country. The amended Constitution also granted the President several powers
and functions which were originally vested in the Prime Minister and the Cabinet.
 The 1973 Constitution remained in force until the February 22-25 EDSA People Power
Revolution of 1986 which toppled the Marcos administration. It was abolished with the adoption
of the 1986 Freedom Constitution by the administration of President Corazon Aquino.

The Freedom Constitution (1986)

On March 24, 1986, President Aquino signed proclamation No. 3 entitled “Declaring a
National Policy to Implement the Reforms Mandated by the People, Protecting their Basic Rights,
Adopting a Provisional Constitution, and providing for an Orderly Transition to a Government
under New Constitution.” The provisional constitution, later called the “Freedom Constitution,”
was proclaimed, setting aside the 1973 Constitution thereby recognizing the new Aquino
administration as a temporary revolutionary government until the framing of a new constitution.
It basically adopted some provisions of the 1973 Constitution especially the Bill of Rights.

Under the Freedom Constitution, the President continued to exercise legislative powers
until a legislature was convened under a new constitution. Furthermore, the President was given
the power to appoint the members of a Constitutional Commission tasked to draft a new charter
“truly reflective of the ideals and aspirations of the Filipino people.”
The 1987 Constitution

By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on April
23, 1986 Proclamation No. 9, constituting a Constitutional Commission (CONCOM) charged with
drafting a new constitution not later than September 2, 1986. In line with this issuance, President
Aquino, on May 26, 1986, appointed the 50 CONCOM members representing the various sectors
of society from politics to the arts and religion.

On June 2 the ConCom, headed by former Justice Cecilia Muñoz Palma, commenced its
sessions at the Batasang Pambansa in Quezon City. The ConCom completed their task on October
12, 1986 and presented the draft constitution to President Aquino on October 15. After a period
of nationwide information campaign, a plebiscite for its ratification was held on February 2, 1987.
An overwhelming 17, 059, 495 voted to ratify the constitution while 5, 058, 714 voted against it.

On February 11, 1987, the New Constitution was proclaimed ratified and in effect. On that
same day, President Aquino, government officials, and the military pledged allegiance to the New
Constitution.

The 1987 Constitution consists of 18 articles with a preamble. Among its significant
provisions are as follows:
1. A presidential system of government restores the bicameral Congress of the
Philippines, composed of a Senate and a House of Representatives.
2. A modified Bill of Rights (Article III) details the rights of every Filipino citizen. Much
emphasis was placed on the writing of this provision after the violations committed
 during the Marcos dictatorship. In addition, the constitution includes the abolition of
death penalty, except when Congress provides otherwise with regard to “heinous
crimes.”
3. The creation of a Commission on Human Rights which, under Section 18, Article XIII,
is tasked to investigate all form of human rights violations involving civil and political
rights. It provides appropriate legal measures for the protection of human rights of all
persons within the Philippines, and several other powers in relation to the protection
of human rights.
4. The recognition of an Autonomous Region of Muslim Mindanao and the Cordilleras.
5. Limited political autonomy for local government units like the provinces, cities,
municipalities and barangays and instructing the Congress to establish a Local
Government Code.

The complete provisions are as follows:

Preamble
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 XI: 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

The Philippine government is administered by a presidential system of government with

a bicameral legislature and an independent judiciary. It has three branches of government:

1. The Executive headed by the president and Cabinet

2. The legislative composed of a Senate headed by the Senate President and the House
of Representatives headed by the Speaker of the House.
3. The Judiciary composed of the Supreme Court headed by the Chief Justice, and the
lower courts.
 The House of Representatives is composed of the Congressmen/women (officially called
Representatives) elected to a three-year term and can be re-elected, but cannot serve more than
three consecutive terms. Sectoral representatives are members of party-list organizations who
can give “voice” to significant minorities of society that may not be adequately represented
through geographical district.

The Senate is composed of 24 senators who are elected and serve for six-year terms with
half the senators elected every three years.

The Supreme Court is the Philippines’ highest judicial court, as well as the court of last
resort. The court consists of 14 associate justices and a chief justice.

To see the the content of the The 1987 Constitution, you can click the link:
https://www.constituteproject.org/constitution/Philippines_1987.pdf?lang=en