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Module 5 - Reviewer
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Module 5 - Reviewer 1
 https://www.youtube.com/watch?v=Ec1m6AMfWgs

Evolution of Philippine Constitution (video)

Constitution

a set of rules that guides how a country, state, or other political

organization works.

creates the branches, powers, and responsibilities of the government

contains the rights of the people

the government is not allowed to not follow the constitution

Supreme Law of Land

government cannot pass a law that goes against the constitution

Importance of the Constitution

to maintain Law and Order

to avoid anarchy

impose rules and regulations

protects individual freedom and rights

limits the power of the government

Timeline of Constitution

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 Malolos Constitution

Filipinos and Spaniards do not trust each other; Spaniards didn’t pay the
agreed amount and the Filipinos did not surrendered their arms.

also called the 1899 constitution or the first constitution and the first
republican constitution of Asia

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 Salient Features of 1899 Constitution: Malolos Constitution
Unicameral

means that there is only one legislature and it is called the Assembly

has full control over the executive power

the president was elected by the assembly

Representative Government

is a type of government comprised of politicians who represent certain

individuals or groups. In most cases, these representatives are voted for
by citizens through a democratic process. The US Congress and British
Parliament, for example, are both representative governments because the
politicians represent people from different parts of the country in the
political arena.

Popular Government

signify the ideal of a democratic, or "popular," government — a

government, as Abraham Lincoln later put it, of the people, by the people,
and for the people.

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 Americans invaded the Philippines

Salient Features of 1935 Constitution: Commonwealth

Constitution
Bicameral

two legislators: senate and house of representatives

not the first constitution, but is the first one to be fully implemented

World War II broke out and the Japanese invaded the Philippines

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 After the Americans surrendered, the Japanese republic was established and
a new constitution was ratified by Filipino collaborators called Kapisanan ng
Paglilingkod ng Bagong Pilipinas or KALIBABI

Ratify

sign or give formal consent to (a treaty, contract, or agreement),

making it officially valid.

Kapisanan ng Paglilingkod ng Bagong Pilipinas or KALIBAPI

Additional Information: The Kapisanan ng Paglilingkod sa Bagong

Pilipinas (Association for Service to the New Philippines), or KALIBAPI,
was a fascist Filipino political party that served as the sole party of state
during the Japanese occupation. It was intended to be a Filipino version of
Japan's governing Imperial Rule Assistance Association

Salient features of 1943 Constitution: Japanese Government

was the constitution of the Japanese-sponsored Second Republic of the
Philippines (1943-1945).

only Anti-US can run the election

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 PROBLEM: is only considered legitimate and binding only in the Japanese-
controlled areas of the Philippines and was completely ignored by the US and
Philippine Government in-exile

Short-lived constitution because the Americans came back and freed us

the 1935 constitution was restarted

Salient Features of the 1973 Constitution: Marcos Administration

Due to martial law, the con-con or the constitutional convention was forced to
implement the new 1973 constitution in aligned to what President Marcos
wanted.

There were multiple amendments during the 1973 Constitution but the most
controversial was the 1976 amendment

The Interim Batasang Pambansa

Additional Info: The Interim Batasang Pambansa was the legislature of the
Republic of the Philippines from its inauguration on June 12, 1978 to June
5, 1984. It served as a transitional legislative body mandated by the 1973
Constitution as the Philippines shifted from a presidential to a semi-
presidential form of government.

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 Parliamentary System

democratic form of government in which the party (or a coalition of

parties) with the greatest representation in the parliament (legislature)
forms the government, its leader becoming prime minister or chancellor.
Executive functions are exercised by members of the parliament appointed
by the prime minister to the cabinet. The parties in the minority serve in
opposition to the majority and have the duty to challenge it regularly.
Prime ministers may be removed from power whenever they lose the
confidence of a majority of the ruling party or of the parliament.

Snap Elections

Additional Info: A snap election is an election that is called earlier than the
one that has been scheduled.

Generally, a snap election in a parliamentary system (the dissolution of

parliament) is called to capitalize on an unusual electoral opportunity or to
decide a pressing issue, under circumstances when an election is not
required by law or convention. A snap election differs from a recall election
in that it is initiated by politicians (usually the head of government or ruling
party) rather than voters, and from a by-election in that a completely new
parliament is chosen as opposed to merely filling vacancies in an already
established assembly.

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 Salient Features of 1986 Constitution: Freedom Constitution
Minus the provisions on the Batasang Pambansa because this was completely
abolished.

The country was in chaos after Marcos left so Aquino vested the same powers
as to what Marcos had before under the 1973 Constitution

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 Salient Features of 1987 Constitution: Anti-Marcos Constitution
Sovereignty

means that a government possesses full control over affairs within a

territorial or geographical area or limit.

Executive Branch

is like the coach who leads the team

Legislative Branch

divided into 2 groups: Senate and House of Representatives

are like the players in a game which score points against each other

Judicial Branch

is like the “Referee” of the game

glorify the rule

makes sure that each side is acting fairly

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 Historical Brief of the Constitutions
1899 Malolos Constitution
A committee headed by Felipe Calderon and aided by Cayetano Arellano, the
constitution was drafted, for the first time by representatives of the Filipino
people

established a democratic, republication government with three branches - the

Executive, Legislative and the Judicial branches

separation of church and state

Executive powers

were to be exercise by the president of the republic with the help of his
cabinet

Judicial powers

were given to the Supreme Court and other lower courts to be created by
law.

Chief justice of the Supreme Court

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 was to be elected by the legislature with the concurrence of the President
and his Cabinet.

style of the document is patterned after the Spanish Constitution of 1812,

which many Latin American charters from the same period similarly follow.

Calderon himself writes in his journal that the charters of Belgium, Mexico,
Brazil, Nicaragua, Costa Rica and Guatemala, in addition to using the French
Constitution of 1793, were also studied as these countries shared similar
social, political, ethnological and governance conditions with the Philippine
Islands

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