Readings in Philippine History Page 1 of 9

Philippine Constitution

Topic: PHILIPPINE CONSTITUTION

III. LESSON PROPER

Definition
Most independent states have a constitution, a fundamental law that organizes government
structures and sets limits on government authority, reflecting the principles of constitutionalism. Although the
terms "constitution" and "constitutionalism" are related, they differ in meaning. A constitution establishes the
foundation of a country’s governance, defining relationships between individuals and the community, while
constitutionalism emphasizes limiting government power to protect individual and collective rights.
Key points:
• The constitution is the basic law organizing government and political institutions.
• It sets limits on government authority and protects citizens' rights.
• Constitutionalism ensures the government operates within these limits, preventing
authoritarianism.

Overview of Philippine Constitution

The current Philippine Constitution, in place since 1987, is the highest law of the land. It followed
three other major constitutions that governed the country: the 1935 Commonwealth Constitution, the 1973
Constitution, and the 1986 Freedom Constitution. However, before these, Filipinos had already made several
attempts to create constitutions during their fight for independence from colonial rule. According to Malcolm
(1920), the Constitution played a key role in the rise of Filipino liberalism and nationalism, and its development
has deep historical roots. He observed that the constitutions of Spain and the United States had the greatest
influence on the formation of the Philippine Constitution, but Filipinos skillfully integrated these influences into
their indigenous customs, which remained largely unaffected by foreign contact. Examples of early Filipino
constitutional efforts include Emilio Jacinto’s Katipunan code, the Biak-na-Bato Constitution by Isabelo
Artacho, Apolinario Mabini’s Constitutional Program, and the Malolos Constitution, primarily authored by
Felipe Calderon. Although these documents were based on the Spanish Constitution, Malcolm noted that
Filipino nationalism ultimately shaped the Constitution, rejecting foreign elements incompatible with local
ideals. He believed that while the outward form of the Constitution might change, its inner spirit of nationalism
would endure.

Evolution of Philippine Constitution

1. 1897: Constitution of Biak-na-Bato
• Provisional constitution of the Philippine Republic during the Philippine Revolution.
• Promulgated by the Philippine Revolutionary Government on November 1, 1897.
• Based on Cuba's constitution; written in Spanish by Isabelo Artacho and Felix Ferrer, later
translated into Tagalog.
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• Established three government bodies:
1. Supreme Council – held the powers of the Republic, led by the president and four
department secretaries (Interior, Foreign Affairs, Treasury, War).
2. Supreme Council of Grace and Justice – had authority to affirm or reject court
decisions and set rules for justice administration.
3. Assembly of Representatives – planned to convene post-revolution to draft a new
constitution and elect government representatives.
• The constitution was never fully enforced due to the signing of the Pact of Biak-na-Bato, a
truce between the Spanish and the Philippine Revolutionary Army.
2. 1899: Malolos Constitution
• After accepting a payment from Spain, Filipino revolutionary leaders went into exile in Hong
Kong.
• Emilio Aguinaldo returned to the Philippines after the U.S. defeated Spain at the Battle of
Manila Bay (May 1, 1898).
• The Philippine Declaration of Independence was issued on June 12, 1898, forming the First
Philippine Republic.
• The Malolos Congress was elected and tasked with drafting a constitution, which was
approved on November 29, 1898, and promulgated by Aguinaldo on January 21, 1899.
• The constitution, written in Spanish, had 39 articles, 14 titles, 8 transitory provisions, and a
final additional article.
• Influenced by the Spanish Constitution of 1812, and charters of Belgium, Mexico, Brazil,
Nicaragua, Costa Rica, Guatemala, and the French Constitution of 1793.
• Prior Filipino constitutional projects, such as the Katipunan’s Kartilya and the Biak-na-Bato
Constitution, also influenced its creation.
• The constitution upheld sovereignty of the people and introduced a government system
based on legislative, executive, and judicial powers:
o Legislative Power: Held by a unicameral Assembly of Representatives, with
members elected for four-year terms. Assembly had powers beyond legislation,
including impeaching officials and electing a permanent commission of seven.
o Executive Power: Held by the president, elected for a four-year term without re-
election, by a constituent assembly. There was no vice president.
• Key Principles:
o Sovereignty rested with the people, delegating powers to government officials.
o Separation of Church and State, and recognition of freedom and equality of all
beliefs.
• The constitution was never enforced due to the outbreak of war and the Philippines
becoming a U.S. territory after the Treaty of Paris (December 10, 1898).
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Philippine Constitution

3. 1935: The Commonwealth Constitution

• After the Treaty of Paris (1898), the Philippines became a colony of the United States, first
under a military government (1898-1901) and then a civil government.
• Two key U.S. Congress acts with constitutional relevance:
1. Philippine Organic Act of 1902: Established a bicameral legislature (Philippine
Commission as upper house, Philippine Assembly as lower house), introduced a bill
of rights for Filipinos, and appointed two non-voting Filipino Resident
Commissioners to the U.S. House of Representatives.
2. Philippine Autonomy Act (Jones Law) of 1916: Replaced the Philippine
Commission with a Senate, creating the first elected national legislature, and
declared U.S. intent to grant Philippine independence once a stable government
was formed.
• 1932 Hare-Hawes-Cutting Act: A U.S. bill proposing Filipino independence, opposed by
Senate President Manuel L. Quezon and rejected by the Philippine Senate.
• 1934 Tydings-McDuffie Act: Passed by the U.S. Congress, it authorized the establishment
of a Philippine Constitution through a constitutional convention.
• A constitutional convention was formed in 1934, led by Claro M. Recto as president.
• The constitution was designed to meet U.S. approval and ensure Philippine independence.
• Created the Commonwealth of the Philippines (1935-1946), a transitional government to
prepare for independence:
o Originally unicameral, it became bicameral after 1940 amendments (Senate and
House of Representatives).
o The president and vice president were elected for a six-year term without re-
election, later amended to four years with one re-election.
o Voting rights were initially limited to literate males over 21, later extended to women.
• Influences: Predominantly American, but also drew from the Malolos Constitution, German,
Spanish, Mexican, South American, and unwritten English constitutions.
• Ratified by U.S. President Franklin D. Roosevelt on March 25, 1935.
• Manuel L. Quezon was elected the first president of the Commonwealth in September 1935.
• The Commonwealth was interrupted by World War II and Japanese occupation but resumed
until the Philippines gained full independence on July 4, 1946.
4. 1973: Constitutional Authoritarianism
• 1965: Ferdinand E. Marcos elected president; re-elected in 1969 amid campaign
overspending and use of government funds.
• 1967: Philippine Congress passed a resolution calling for a constitutional convention to
revise the 1935 Constitution.
• 1970: Delegates to the constitutional convention were elected; the convention began in 1971
with Carlos P. Garcia as president (later replaced by Diosdado Macapagal after Garcia's
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death).
• 1972: Marcos declared martial law, citing a communist insurgency as the reason. Martial
law was provided for in the 1935 Constitution. Some convention delegates were imprisoned
or exiled, and Marcos influenced the constitutional drafting process.
• 1972 Constitution Approval: The convention approved the constitution on November 29,
1972. It proposed a parliamentary system:
o Legislative power was vested in a unicameral National Assembly with members
elected for six-year terms.
o The president became a symbolic figure, with executive power held by the Prime
Minister (also head of government and Commander-in-Chief).
• Presidential Decree No. 73: Marcos scheduled a plebiscite to ratify the constitution for
November 30, 1973, but postponed it, fearing rejection.
• 1973 Ratification: Instead of a plebiscite, Citizen Assemblies were held from January 10-
15, 1973, where citizens, through voting by hand, ratified the constitution.
• 1976 Amendments:
o Martial law continuation approved by Citizen Assemblies.
o Creation of an Interim Batasang Pambansa (substitute for the National Assembly).
o Marcos was made both President and Prime Minister, maintaining legislative power
during martial law.
• 1980-1984 Amendments:
o 1980: Judiciary retirement age extended to 70.
o 1981: Constitution shifted to a semi-presidential system, restoring executive power
to the president and reintroducing direct elections for the presidency.
o 1984: Abolished the Executive Committee and restored the position of Vice
President.
• Function: Despite introducing parliamentary features, the constitution solidified an
authoritarian system where Marcos held all real power.
• 1980s Turmoil:
o Growing discontent as Marcos consolidated power.
o 1983: Opposition leader Benigno Aquino Jr. assassinated, sparking non-violent
opposition against Marcos.
o 1986 Snap Elections: Marcos declared himself the winner amid widespread fraud,
triggering the EDSA People Power Revolution in February 1986.
o Under pressure from the U.S., Marcos fled into exile, and Corazon Aquino was
installed as president on February 25, 1986.
5. 1987: Constitution After Martial Law
• Options considered: Revert to the 1935 Constitution, retain the 1973 Constitution with
reforms, or draft a new constitution. A new constitution was chosen to reflect the aspirations
of the Filipino people.
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Philippine Constitution
• March 1986: President Corazon Aquino proclaimed a transitional Freedom Constitution,
maintaining some old provisions while allowing the president to rule by decree.
• 1986 Constitutional Convention: Composed of 48 members appointed by Aquino, the
convention aimed to restore the pre-1972 government structure with checks on presidential
power.
• February 2, 1987: The new Constitution was adopted. It included 18 articles, allocating
powers to the executive, legislative, and judicial branches.
• Executive Branch:
o Headed by the president, who appoints the Cabinet.
o Presidential powers limited by checks from Congress and the Supreme Court,
especially regarding martial law (can only declare martial law for 60 days, with
Congress or the Supreme Court having the power to revoke or review it).
o President and vice president serve single six-year terms, elected by direct vote.
• Legislative Branch:
o Congress is bicameral: a Senate (24 senators elected at large for up to two six-year
terms) and a House of Representatives (district representatives elected for three-
year terms).
o Party-list system introduced, allowing under-represented sectors to fill up to 20% of
the seats in the House.
o Congress has the power to declare war and override presidential vetoes with a two-
thirds vote.
• Judicial Branch:
o The Supreme Court (15 justices appointed by the president from a Judicial and Bar
Council list) has the authority to review cases involving the constitutionality of laws,
government actions, and grave penalties.
o The court oversees lower courts and judicial personnel.
• Three Independent Constitutional Commissions:
o Civil Service Commission: Oversees government personnel.
o Commission on Elections (COMELEC): Enforces and administers election laws.
o Commission on Audit (COA): Audits government transactions and property.
• Office of the Ombudsman: Investigates public corruption and misconduct, with the
authority to charge officials in the Sandiganbayan (anti-graft court).
• Impeachment Process: Initiated by the House of Representatives for high-ranking officials
(e.g., president, Supreme Court members), with the Senate trying impeachment cases to
ensure accountability in government conduct.
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Philippine Constitution
Matrix of the Salient Features of Philippine Constitutions

Constitution Year Salient Features

Constitution of 1897 - Provisional constitution during the Philippine Revolution.
Biak-na-Bato - Based on Cuba's constitution.
- Established three government bodies: Supreme Council (executive),
Supreme Council of Grace and Justice (judiciary), and an Assembly of
Representatives (legislature).
- Never fully enforced due to the Pact of Biak-na-Bato.
Malolos 1899 - First Filipino republican constitution.
Constitution - Established the First Philippine Republic.
- Influenced by various foreign constitutions (Spanish, Belgian, French,
etc.).
- Advocated sovereignty of the people, separation of church and state,
and equality of beliefs.
- Disrupted by the Philippine-American War.
Commonwealth 1935 - Created the Commonwealth of the Philippines, transitioning to full
Constitution independence.
- Bicameral legislature, strong executive (president), and judicial
branches.
- Voting rights limited but later expanded to women.
- Interrupted by WWII and resumed until full independence in 1946.
1973 1973 - Enacted during Ferdinand Marcos’ rule, with a shift to a parliamentary
Constitution system.
- Created a unicameral National Assembly and diminished executive
power.
- Amended several times to extend Marcos' authoritarian rule during
martial law.
- Brought about by Citizen Assemblies instead of a plebiscite.
1987 1987 - Drafted post-EDSA Revolution under Corazon Aquino.
Constitution - Restored the pre-1972 structure (presidential system, bicameral
Congress).
- Strengthened checks on executive power, particularly concerning
martial law.
- Introduced a party-list system.
- Promoted accountability through the impeachment process and
independent constitutional commissions.
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Charter Change
1. What is Charter Change:
• Refers to amending or revising the Constitution. Amendments are small changes, while
revisions are larger shifts, like moving from a presidential to a parliamentary system.
• Charter changes can be introduced through:
o Constituent Assembly: Congress proposes amendments or revisions with a three-
fourths vote.
o Constitutional Convention: A separate body elected to propose changes.
o People’s Initiative: Requires 12% of registered voters nationwide, with 3% from each
district.
2. Debate on Voting Procedures:
• There is debate on whether the House and Senate should vote jointly or separately on
amendments.
• The Senate prefers separate voting to prevent being overpowered by the larger House of
Representatives. This issue may require Supreme Court intervention.
3. Best Method for Charter Change:
• Experts, like constitutional law professor Tony La Viña, favor a constitutional convention for
being more democratic and transparent, though it is expensive.
• A constituent assembly is cheaper but viewed with suspicion since legislators would amend
provisions that affect them directly.
4. Can Changes Be Limited to Specific Provisions?:
• While proponents argue they would only modify economic provisions, critics caution that
once the Constitution is opened for amendment, any provision, including term limits, could
be changed.
5. Importance of Monitoring Charter Change:
• Constitutional changes affect governance and long-term political structures. There's concern
over possible abuse of the process to extend politicians' terms.

Attempts to Amend or Change the 1987 Constitution

1. Fidel Ramos Administration (1995–1997):
• Ramos proposed amendments to lift term limits for public officials and shift to a senatorial
system, arguing this would improve governance and accountability.
• The proposals faced strong opposition from various groups, which culminated in a massive
rally on September 21, 1997. The Supreme Court later rejected the proposals, citing
procedural flaws.
2. Joseph Estrada Administration (1999–2000):
• Estrada created the Preparatory Commission on Constitutional Reforms to propose
changes, but his impeachment in 2000 halted the process.
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3. Gloria Macapagal-Arroyo Administration (2005–2006):
• Arroyo supported the shift to a parliamentary system and created a Consultative
Commission to recommend constitutional changes.
• The "People's Initiative" attempted to bypass Congress by gathering voter signatures, but
the Supreme Court blocked this in 2006, calling it unconstitutional.
4. Benigno Aquino III Administration (2011–2015):
• There were talks of amending the Constitution to modify economic provisions, but Aquino
was opposed to any changes that would affect political terms or presidential powers. No
significant reforms were pursued.
5. Rodrigo Duterte Administration (2016–2019):
• Duterte prioritized federalism and created a Consultative Committee to draft a federal
constitution.
• Proposals were made to shift the country from a unitary to a federal republic, but they faced
strong opposition and were never fully realized due to internal disagreements and lack of
political support by 2019.
6. Bongbong Marcos Administration (2022–2024):
• President Marcos supports amending the economic provisions of the Constitution but has
expressed no strong push for changing political structures. A People's Initiative was
launched in 2024 to pursue changes, but it faced bribery allegations and controversies,
leading to the suspension of proceedings by the Commission on Elections (COMELEC).