Module 4 1.

the Supreme Council, which was vested

with the power of Republic, headed by the
4.1 1897 Biak-na-Bato Constitution president and four department secretaries:
the interior, foreign affairs,
treasury and war;
2. the Consejo Supremo de Gracia Y
Justicia (Supreme Council of Grace and
Justice), which was given the authority to
make decisions and affirm or disprove the
sentences rendered by other courts and to
dictate rules for the administration of
justice; and
Good day dear students! For today's topic, we are 3. the Assemblea de Representates (Assembly
going to discuss the evolution of the Philippine of Representatives), which was to be
Constitution as a result of the Filipinos' wanting for convened after the revolution to create a
freedom after three centuries of Spanish domination. new constitution and to elect a new Council
of Government and Representatives of the
Our intended learning outcomes for this lesson are people.
the following:
The Constitution of Biak-na-Bato was never fully
1. Discuss the circumstances that led the Filipinos implemented since a truce, the Pact of Biak-na-Bato,
to draft a constitution. was signed between the Spanish and the Philippine
2. Analyze the salient features of the 1897 Revolutionary Army.
Constitution of Biak-na-Bato
4.2 1899 Malolos Constitution
The 1897 Constitution of Biak-na-Bato In 1899, the Malolos Constitution, the first Philippine
The Katipunan's revolution led to the Tejeros Constitution—the first republican constitution in
Convention where, at San Francisco de Malabón, Asia—was drafted and adopted by the First Philippine
Cavite, on March 22, 1897, the first presidential and Republic, which lasted from 1899 to 1901. The
vice presidential elections in Philippine history were Philippines has had a total of six constitutions since
held although only Katipuneros (viz., members of the the Proclamation of Independence on June 12, 1898.
Katipunan) were able to take part, and not the
general populace. A later meeting of the
revolutionary government established there, held on
November 1, 1897 at Biak-na-Bato in the town of San
Miguel de Mayumo in Bulacán, established the
Republic of Biak-na-Bato. The republic had a
constitution drafted by Isabelo Artacho and Félix
Ferrer and based on the first Cuban Constitution. It is
known as the "Constitución Provisional de la
República de Filipinas", and was originally written in
and promulgated in the Spanish and Tagalog
languages.

The Constitution of Biak-na-Bato was the provisionary

Constitution of the Philippine Republic during the
Philippine Revolution and was promulgated by the
Philippine Revolutionary Government. The organs of
the government under the Constitution were:

1.
 The iconic photograph of 1899 Malolos Congress over the Philippines, as well as the Philippine
Executive Commission, composed of several pre-war
- digitally colored, based on written accounts and the Filipino political leaders. The KALIBAPI (Kapisanan ng
restoration of the Barasoian Church for the 1998 Paglilingkod sa Bagong Pilipinas) was also organized,
Centennial. President Aguinaldo sits at the center, as designed to be the sole and exclusive political
a gentleman reads a document to his left. organization in the Philippines.

On June 16, 1943, Premier Hideki Tojo promised

independence to the Philippines. The KALIBAPI would
4.3 1935 Philippine Commonwealth Constitution
then form the Preparatory Committee on Philippine
The 1935 Constitution of the Philippines served as Independence (PCPI), which was tasked with drafting
the fundamental law of the land from 1935 to 1972. a new Constitution. The new Constitution was
It establishes the Commonwealth of the Philippines approved by the Preparatory Committee on
Philippine Independence on September 4, 1943 and
and provides that upon withdrawal of American
ratified by the KALIBAPI on September 7, 1943.
sovereignty in the country and the declaration of
Philippine independence, said commonwealth shall The KALIBAPI then proceeded to elect part of the
be known as the Republic of the Philippines. The new National Assembly, which also included
Constitution enumerates the composition, powers appointed members; in turn, the National Assembly
and duties of the three branches of government (the elected its Speaker and then elected Jose P. Laurel as
Executive, Legislative and Judicial) and creates the President. On October 14, 1943, in ceremonies in
General Auditing Office and lays down the framework front of the Legislative Building in Manila, the new
in the establishment of the civil service in the Republic was inaugurated, and Jose P. Laurel, the
Chairman of the Preparatory Committee, assumed
country. The Constitution vests the President with
office as President.
the veto power on legislative bills and emergency
powers in times of war and other national On September 21, 1944, President Laurel proclaimed
emergencies. Also, the Constitution adopts the martial law in the Philippines (it came into effect on
Regalian Doctrine or the Principle of State ownership September 22). On September 23, 1944, Laurel
for all its natural wealth and provides for the proper proclaimed that the Philippines was “in a state of
utilization of such wealth by its citizens. war” with the Allied Powers—but this was never
ratified by the National Assembly. In large part,
Japanese dissapointment with Laurel led to the
Republic under Laurel being superseded by the
4.4 The 1943 Second Republic Constitution Makapili, organized in December, 1944 to more
militantly oppose the returning American forces and
Filipino guerrillas. The Japanese brought the Laurel
government to Baguio in December, 1944, and a
small remnant of that government was taken to
Tokyo in March, 1945. Laurel formally dissolved the
Second Republic on August 17, 1945, two days after
Japan surrendered to the Allies.

When the Commonwealth government was restored

on Philippine soil on October 23, 1944, Field Marshal
Douglas MacArthur as military commander had
The 1943 Philippine Constitution issued a proclamation nullifying all acts of the
Philippine Executive Commission and the Second
Understanding the Second Philippine Republic Republic. The Supreme Court of the Philippines
reiterated this nullification in a decision (G.R. No. L-5)
The Second Philippine Republic was established on September 17, 1945 (and subsequent decisions),
during the Japanese occupation of the Philippines. At but pointed out President Osmeña recognized the
the outset of the occupation, the Japanese validity of some judicial acts of a non-political nature.
government established a military administration The Supreme Court categorized the Philippine
Executive Commission and the Second Republic as During the American Occupation, the
a de facto (actual, whether by right or not) Philippines was governed by the laws of the United
government, in contrast to the de jure (meaning States of America. Organic Acts were passed by the
rightful, or legitimate) status of the Commonwealth United States Congress for the administration of the
government. While this means no laws or regulations Government of the Philippine Islands. The first was
from the Second Republic are legally recognized, the Philippine Organic Act of 1902, which provided
President Laurel has been included in the roster of
for a Philippine Assembly composed of Filipino
Philippine presidents since the 1960s.
citizens. The second was the Philippine Autonomy Act
Many officials who served in the Philippine Executive of 1916, which included the first pledge of Philippine
Commission, the Second Republic and its various independence. These laws served as constitutions of
agencies were charged with treason but received an the Philippines from 1902 to 1935.
amnesty from President Manuel Roxas on January 28,
1948. In 1934, the United States Congress passed the
Philippine Independence Act, which set the
4.5 1973 Philippine Constitution parameters for the creation of a constitution for the
Philippines. The Act mandated the Philippine
The 1973 Constitution was turned into a tool by the
Legislature to call for an election of delegates to a
Marcos regime to perpetuate itself in power. Having
Constitutional Convention to draft a Constitution for
declared martial law earlier, Marcos issued
the Philippines. The 1934 Constitutional Convention
Presidential Decree No. 86 calling for the cancellation
finished its work on February 8, 1935. The
of the plebiscite and instituted barangays’ citizens’
Constitution was submitted to the President of the
assemblies to ratify the new constitution by a
United States for certification on March 25, 1935. It
referendum from 10–15 January 1973. This was
was in accordance with the Philippine Independence
challenged before the Supreme Court in what
Act of 1934. The 1935 Constitution was ratified by
became known as the ratification and plebiscite
the Filipino people through a national plebiscite, on
cases. These involved petitions assailing the proposed
May 14, 1935 and came into full force and effect on
ratification upon the grounds, among others, that the
November 15, 1935 with the inauguration of the
presidential decree “has no force and effect as law
Commonwealth of the Philippines. Among its
because the calling... of such plebiscite, the setting of
provisions was that it would remain the constitution
guidelines for the conduct of the same, the
of the Republic of the Philippines once independence
prescription of the ballots to be used and the
was granted on July 4, 1946.
question to be answered by the voters, and the
appropriation of public funds for the purpose, are, by In 1940, the 1935 Constitution was amended by
the Constitution, lodged exclusively in Congress...” the National Assembly of the Philippines. The
and “there is no proper submission to the people legislature was changed from a unicameral assembly
there being no freedom of speech, press and to a bicameral congress. The amendment also
assembly, and there being no sufficient time to changed the term limit of the President of the
inform the people of the contents thereof.” Philippines from six years with no reelection to four
years with a possibility of being reelected for a
4.6 Summary
second term.
Evolution of the Constitution of the Republic of
During World War II the Japanese-sponsored
the Philippines
government nullified the 1935 Constitution and
The Philippines has had a total of six constitutions appointed Preparatory Committee on Philippine
since the Proclamation of Independence on June 12, Independence to replace it. The 1943 Constitution
1898. In 1899, the Malolos Constitution, the first was used by the Second Republic with Jose P. Laurel
Philippine Constitution—the first republican as President.
constitution in Asia—was drafted and adopted by the
Upon the liberation of the Philippines in 1945,
First Philippine Republic, which lasted from 1899 to
the 1935 Constitution came back into effect. The
1901.
Constitution remained unaltered until 1947 when the
Philippine Congress called for its amendment through
Commonwealth Act No. 733. On March 11, 1947 the
Parity amendment gave United States citizens equal
rights with Filipino citizens to develop natural
resources in the country and operate public utilities.
The Constitution, thereafter, remained the same until
the declaration of martial law on September 23,
1972.

Before President Marcos declared Martial Law,

a Constitutional Convention was already in the
process of deliberating on amending or revising the
1935 Constitution. They finished their work and
submitted it to President Marcos on December 1,
1972. President Marcos submitted it for ratification in
early January of 1973. Foreseeing that a direct
ratification of the constitution was bound to fail,
Marcos issued Presidential Decree No. 86, s. 1972,
creating citizens assemblies to ratify the newly
drafted constitution by means of a Viva Voce vote in
place of secret ballots. Marcos announced that it had
been ratified and in full force and effect on January
17, 1973. Although the 1973 Constitution had been
“ratified” in this manner, opposition against it
continued. Chief Justice Roberto V. Concepcion in his
dissenting opinion in the case of Javellana v.
Executive Secretary, exposed the fraud that
happened during the citizen’s assembly ratification of
the 1973 Constitution on January, 10 – 15, 1973.
However, the final decision of this case was that the
ratification of the 1973 Constitution was valid and
was in force.