THE VARIOUS CONSTITUTION

OF THE PHILIPPINES
HISTORY 101
By: Amando S. Robillo III
 INTRODUCTION
Every state has had a constitution of some kind whether it be an elaborate
document or just a collection of rules. It is inconceivable how a state could
exist or survive without a constitution of some form. The foundation of the
system of government of the Philippines is the constitution.
 ELEMENTS OF A STATE
• Under the Montevideo Convention on the Rights and Duties of States of
1936, a state has four essential elements;
1. Population
2. Territory
3. Sovereignty
4. Government
The concurrent presence of this four essential elements, a State is created.
 WHAT IS A CONSTITUTION?
In its broad sense, the term constitution refers to the “body of rules
and principles in accordance with which the powers of sovereignty is regularly
exercised.”
The constitution is also defined as the fundamental law of the state, containing
the principles upon which government is founded, regulating the division of
the sovereign powers and directing to what persons each of these powers is to
be exercised
Etymology: Latin word “CONSTITUO” which means “fixed”, “established”, or
“settled”
 TYPOLOGY OF CONSTITUTION
• Constitution may be classified as follows:
• 1) As to origin and history:
• a) Conventional or enacted—one which is enacted by
• a constituent assembly or granted by a monarch to
• his subjects (e.g. Constitution of Japan)
• b) Cumulative of evolved—one which is a product of a
• long period of development originating in customs,
• traditions, judicial decisions etc, rather than from
• deliberate and formal enactment. (e.g. English
• Constitution)
 TYPOLOGY OF CONSTITUTION
• Constitution may be classified as follows:
• 2) As to form:
• a) Written Constitution—one which has been given
• definite form at a particular time, usually by a
• specially constituted authority called a
• “constitutional convention” or “constitutional
• commission”.
• b) Unwritten Constitution—one which is entirely a
• product of political evolution, consisting largely of a
• mass of customs, usages, and judicial decisions.
 TYPOLOGY OFCONSTITUTION
• Constitution may be classified as follows:
• 3) As to manner of amending them:
• a) Rigid or inelastic—one regarded as a document of
• special sanctity, which can not be amended or
• altered except by some special machinery other
• than ordinary legislative process.
• b) Flexible or elastic—one which possesses no higher
• legal authority than ordinary laws and which may
• be altered in the same way as other laws.
 NATURE AND PURPOSE
• 1. Serves as the supreme or fundamental law.
• It is the Charter creating the government.
• It is binding to all individual citizens and all organs of the government.
• It is the law to which all other laws must conform.
• It is the test of the legality of all governmental actions.
 NATURE AND PURPOSE
• 2. Establishes the basic framework and underlying principles of government.
• Prescribes the permanent framework of the system of government, and
assigns to the different department or branches, their respective powers and
duties. (Art.I)
• To establish certain basic principles on which the government is founded.
(Preamble, Art.I)
• Designed to preserve and protect the rights of the citizen against the
Powers of the State. (Art III)
 THE 1899 MALOLOS CONSTITUTION
• On January 21, 1899, President Emilio Aguinaldo promulgated what is now known as
the Malolos Constitution.
• The Malolos constitution is the first important Filipino document ever produced by
the people's representatives. It is anchored in democratic traditions that ultimately
had their roots in American soil. It created a Filipino state whose government was
"popular, representative and responsible" with three distinct branches -- the
executive, the legislative and the judicial. The constitution specifically provided for
safeguards against abuses, and enumerated the national and individual rights not
only of the Filipinos and of the aliens.
• The legislative powers were exercised by the Assembly of Representatives
composed of delegates elected according to law. To make the function of
Congress continuous, the document provided for a Permanent Commission which
would sit as a law-making body when Congress was not in session.
 THE 1899 MALOLOS CONSTITUTION

• The assembly elected the President of the Republic. The Cabinet,

composed of the Secretaries of the different Departments of the
government, was responsible not to the President, but to the
Assembly. The administration of justice was vested in the Supreme
Court and in inferior courts to be established according to law. The
Chief Justice of the Supreme Court was to be elected by the
Assembly with the concurrence of the President and the Cabinet.
• The constitution as a whole is a monument to the capacity of the
Filipinos to chart their own course along democratic lines. In a period
of storm and stress, it symbolized the ideals of a people who had
emerged from the Dark Ages into the Light of Reason.
 KNOWN AS THE 1ST REPUBLIC OF
THE PHILIPPINES
• though short-lived, the First Republic of the Philippine, nonetheless catapulted the
Filipino nation onto the world’s consciousness carving not only a place among the
family of nations but also a distinct niche as the first republic in Asia. While much of
the world was oblivious to its birthing, the First Republic proved that Filipinos were
capable of self-rule and deserved their longed-for freedom after more than 300
years of colonial bondage- a bondage shaken time and again by sporadic revolts,
whose disparateness precluded ultimate victory.
• After the failure of the reformist movement led by Rizal and Del Pilar, Andres the
1896-98 Philippine Revolution, culminated with the inauguration of the Republic on
January 23, 1899 at Barasoain Church in Malolos, Bulacan. Though besieged and
eventually thwarted by the United States army, the Republic had earned the loyalty
of the Filipino people and deserved the recognition of foreign nations.

•
• When General Emilio Famy Aguinaldo returned to the country from his exile
in Hong Kong in May 1898, the truce signed between Filipino revolutionists
and Spaniards at Biak-na-Bato, San Miguel de Mayumo, Bulacan in
December 1897 had been broken in many parts of the country. Upon
advice of Ambrosio Rianzares Bautista Aguinaldo, established a dictatorial
government of the Philippines on May 24. Four days later, the Filipino rebels
routed the Spaniards in Alapan, Cavite, a victory celebrated by Aguinaldo
with the first, albeit informal, waving of the National Flag on Philippine soil.
The event preempted the May 31st launching of the second phase of the
revolution. By July 1898, the Filipinos liberated the provinces of Cavite,
Laguna, Batangas, Pampanga, most of Bulacan and the suburbs
surrounding Manila.
 On June 12, 1898, Aguinaldo proclaimed Philippine independence from the window
of his house in Kawit, Cavite, and waved the Philippine Flag officially for the first time to
the martial strains of the new national anthem.

Mabini’s plan to establish a grassroots government was realized towards the latter half
of June 1898. Aguinaldo issued several important decrees reorganizing the
government in the liberated provinces: the decree of June 18 reorganized
municipalities and provinces, through the election of Popular Assemblies, whose
heads the town chiefs then elected the provincial councils. The decree also provided
for the election of delegates to the Revolutionary Congress by the town chiefs. To
Mabini, the latter were Aguinaldo’s direct link to the masses and on August 1, 1898,
these town officials assembled at Bacoor, then the seat of the Revolutionary
government, and ratified the newly proclaimed Philippine independence.
• On June 20, Aguinaldo issued a decree organizing the judiciary, and on June 23,
again upon Mabini’s advice, major changes were promulgated and implemented:
change of government from Dictatorial to Revolutionary; change of the Executive
title from Dictator to President; the establishment of four major departments
including that of foreign affairs, navy and commerce; war and public works, police
and internal order; and finance, agriculture and manufacture industries (this was
later expanded to six departments with addition of welfare and treasury
departments); the appointment of delegates to the Revolutionary Congress from
the non-liberated provinces, to ensure wider representation, and the creation of the
Executive Board of the Revolutionary Committee at Hong Kong, which served as the
diplomatic and international propaganda arm of the Republic. Two underlying
principles motivated the establishment of a revolutionary government: to help the
country achieve true independence and pave the way towards the formation of a
“true republic”.
 INAUGURATION
• The Repubic was inaugurated on January 23, 1899 at Barasoain Church,
Malolos, in ceremonies marked by the reading of the whole Constitution, by
Secretary Ocampo; proclamation of the Republic of the Philippines by
Congress president Paterno, followed by the proclamation of Aguinaldo as
the elected President of the new Republic, and speeches by Aguinaldo and
Paterno.
 COMPOSITION OF THE CENTRAL
GOVERNMENT
• The Central government of the new Republic was constituted in part as
follows:
• President- Emilio Aguinaldo
• Department Secretaries- War – Baldomero Aguinaldo
• Interior- Leandro Ibarra
• Foreign Affairs- Cayetano Arellano (later replaced by Mabini)
• Finance- Mariano Trias
• Justice- Gregorio Araneta
• Welfare- Felipe Buencamino
 A SHORT LIVED REPUBLIC
Post Script to the Republic. February 4, 1899, less than two weeks after the Republic’s inauguration, an
American soldier on Sociego corner Silencio Streets in Santa Mesa, Manila, fired a shot against Filipino
patrols in the area, sparking the Filipino-American War. The outbreak of hostilities between Filipino and
American forces caused the imperialist agenda in the US Senate to gain the upper hand, resulting in the
ratification of the Treaty of Paris on February 6, thus justifying the United States all-out pursuit of war against
the fledgling Philippine Republic.
On March 31 Malolos, seat of the Philippine Republic, fell into enemy hands, followed on April 26 by
Calumpit, where the Filipino forces led by over-all commander Gen. Luna were also routed.
On May 9, the Central government moved to Cabanatuan, Nueva Ecija, only four days after Congress
convened at neighboring San Isidro town. As the American army closed in on him Aguinald moved the
government to Tarlac, and then to Bayambang, Pangasinan. The latter fell on November 13. In a final bid
to swing the odds in their favor, Aguinaldo ordered the shift from regular to guerrilla warfare even as he
began his exodus to the north. It did not take long before the government of the Filipinos disintegrated with
the capture of its officials Buencamino in November and Mabini in December 1899, Paterno in April 1900.
Aguinaldo himself was captured in Palanan, Isabela, on March 23, 1901, a day after his 32nd birthday.
When he took the oath of allegiance to the United States nine days later, the First Philippine Republic came
to an end.
 THE PHILIPPINE COMMONWEALTH
ERA AND THE 1935 CONSTITUTION
On November 15, 1935, the Filipino people took the penultimate step to
independence with the inauguration of the Commonwealth of the Philippines.
Only two months prior, on September 16, a million Filipinos had trooped to the
polls to elect their two highest officials—the President and Vice President. This
was the first time in the history of the nation that a Filipino would finally sit as
Chief Executive and hold office in Malacañan Palace.
Senate President Manuel L. Quezon and his running mate Senate President pro
tempore Sergio Osmeña were elected as President and Vice President, while
voters elected representatives for the new unicameral National Assembly and
for local positions.
 INTRODUCTION

The Commonwealth era is the 10 year transitional period in Philippine history from 1935
to 1945 in preparation for independence from the United States as provided for under
the Philippine Independence Act or more popularly known as the Tydings-McDuffie
Law. Manuel L. Quezon, the 1st president of the commonwealth republic of the
Philippines. The Commonwealth era was interrupted when the Japanese occupied
the Philippines in January 2, 1942. The Commonwealth government, lead by Manuel L.
Quezon and Sergio S. Osmeña went into exile in the U.S., Quezon died of tuberculosis
while in exile and Osmeña took over as president. At the same time, the Japanese
forces installed a puppet government in Manila headed by Jose P. Laurel as
president. This government is known as the Second Philippine Republic. On October
20, 1944, the Allied forces led by Gen. Douglas MacArthur landed on the island of
Leyte to liberate the Philippines from the Japanese. Japan formally surrendered in
September 2, 1945.
 INAUGURATION OF THE
COMMONWEALTH OF THE PHILIPPINES
The Commonwealth was the culmination of efforts to secure a definitive timetable for
the withdrawal of American sovereignty over the Philippines.
Early on, at the start of the American occupation, the United States had established
local governments with local elected town and provincial officials. Afterward came a
gradual expansion of national legislative representation, beginning with the Philippine
Assembly (or Lower House) in 1907.
It was not until the Jones Law of 1916 that the pledge of eventual independence—
once Filipinos were ready for self-governance—was made. The Jones Law led to the
creation of an all-Filipino legislature composed of the Philippine Senate and House of
Representatives. However, the position of Chief Executive—the Governor-General—
and what was considered the most important cabinet portfolio—Public Instruction
(precursor to the Department of Education)—were reserved for American officials
appointed by the President of the United States. Half of the Philippine Supreme Court
was reserved for Americans as well.
 THE PHILIPPINE BILL OF 1902 -
COOPER ACT

• United States Congressman Henry Allen Cooper sponsored the Philippine Bill
of 1902, also known as the Cooper Act. The bill proposed the creation and
administration of a civil government in the Philippines. President Theodore
Roosevelt signed it into law in July 2, 1902
 PURPOSE
• The bill contained 3 provisions that had to be fulfilled first before the
Philippine Assembly could be establishing these were the:

• ▪ Complete restoration of peace and order in the Philippines

• ▪ Accomplishment of a Nationwide census

• ▪ Two years of peace and order after the publication of the census
 IMPORTANT PROVISIONS
Here are some of the more important provisions of the Cooper Act:
▪ Ratification of all changes introduced in the Philippine government by the president of the U.S., such
as the establishment of the Philippine Commission, the office of the civil governor and the Supreme
court
▪ Extension of the American Bill of Rights to the Filipinos except the right of trial by jury
▪ Creation of bicameral legislative body, with the Philippine Commission as the upper house and a
still-to-be-elected Philippine Assembly as the Lower House
▪ Retention of the executive powers of the civil governor, who was also president of the Philippine
Commission
▪ Designation of the Philippine Commission as the legislating authority for non-Christian tribes
▪ Retention of the Judicial powers of the Supreme court and other lower courts
▪ Appointment of two Filipino resident commissioners who would represent the Philippines in the US
Congress but would not enjoy voting rights
▪ Conservation of Philippine natural resources
 THE PHILIPPINE ASSEMBLY AND THE
RESIDENT COMMISSIONER
• The Philippine Assembly
• The assembly was inaugurated on October 16, 1907 at the Manila Grand Opera
House, with US secretary of War William Howard Taft as guest of honor. Sergio
Osmeña was elected Speaker while Manuel Quezon was elected Majority Floor
leader. The Recognition of the Philippine Assembly paved the way for the
establishment of the bicameral Philippine Legislature. The Assembly functioned as
the lower House, while the Philippine Commission served as the upper house.
• Resident Commissioners
• Benito Legarda and Pablo Ocampo were the first commissioners. Other Filipinos who
occupied this position included Manuel Quezon, Jaime de Veyra, Teodoro Yangco,
Isaro Gabaldon, and Camilo Osias.
• The commissioner can attend and speak out for or against the bill but they cannot
vote.
 THE JONES LAW

• To further train the Filipinos in the art of government, the U.S. Congress
enacted the Jones Law on August 29, 1916. It was the first official document
that clearly promised the Philippine independence, as stated in its preamble,
as soon as a stable government was established. The Jones Law or the
Philippine Autonomy act, Replace the Philippine bill of 1902 as the
framework of the Philippine government. It provide for the creation of the
executive powers. The vice governor general, assisted by his Cabinet, would
exercise executive powers. The vice governor would act concurrently as the
Secretary of Education.
 CREATION OF THE COUNCIL OF STATE

• Upon the recommendation of Manuel L. Quezon and Sergio Osmeña,

Governor General Francis Burton Harrison issued an executive order on
October 16, 1891, creating the first Council of State in the Philippines. It was
the Council’s duty to advise the governor general on matters such as the
creation of policies for administering government offices.

• The Council held meetings once a week and whenever the governor
general called for one. It was composed of the governor general, the
department secretaries, the speaker of the Lower House, and the Senate
president. During Harrison’s term, the executive and legislative branches of
government worked harmoniously with each other.
 THE OS-ROX MISSION

• One delegation, however, that met with partial success was the Os-Rox Mission, so
called because it was headed by Sergio Osmeña and Manuel Roxas. The Os-Rox
group went to the United States in 1931 and was able to influence the U.S. Congress
to pass a pro-independence bill by Representative Butter Hare, Senator Henry
Hawes, and Senator Bronso Cutting. The Hare-Hawes-Cutting Law provided for a 10-
year transition period before the United States would recognize Philippine
independence. U.S. President Herbert Hoover did not sign the bill; but both Houses of
Congress ratified it. When the Os-Rox Mission presented the Hare-Hawes-Cutting Law
to the Philippine Legislature, it was rejected by a the American High Commissioner
representing the US president in the country and the Philippine Senate, specifically
the provision that gave the U.S. president the right to maintain land and other
properties reserved for military use. Manuel Quezon was tasked to head another
independence mission to the united States.
 THE TYDINGS-MCDUFFIE LAW

• In December 1933, Manuel L. Quezon returned to the Philippines from the

United States with a slightly amended version of the Hare-Hawes-Cutting bill
authored by Senator Milliard Tydings and representative McDuffie. President
Franklin Delano Roosevelt, the new U.S. president, signed it into law on
March 24, 1934. The Tydings-McDuffie Act (officially the Philippine
Independence Act of the United States Congress; Public Law 73-127) or
more popularly known as the The Tydings-McDuffie Law provided for the
establishment of the Commonwealth government for a period of ten years
preparatory to the granting of Independence.
 THE 1935 COMMONWEALTH
CONSTITUTION
• The Tydings-McDuffie Act established the parameters for the preparatory period. Some powers of
supervision were reserved to the United States, as well as foreign diplomacy and currency. In all
other respects, the Philippines became self-governing.
• Among the provisions was the election in 1934 of a Constitutional Convention to draft the
constitution of the incoming commonwealth government. Its was presided over by Claro M. Recto
with 202 elected Filipino delegates who decided that the constitution to be written would cover not
only the transitional Commonwealth, but would apply to the Republic as well. The convention
finished its work on February 8, 1935 and submitted it to the President of the United States for
certification that its provisions complied with the Philippine Independence Act. It was certified on
March 25, 1935 and it was subsequently ratified by the Filipino people in a plebiscite on May 14,
1935.
• Aside from the certification by the President of the United States of the draft constitution for the
Commonwealth of the Philippines, the United States government also reserved certain powers:
currency, coinage, imports, exports, and immigration laws would require the approval of the
President of the United States. The United States could also intervene in the processes of the
Commonwealth of the Philippines via Proclamation by President of the United States. All decisions
of the courts of the Philippines were also subject to review by the Supreme Court of the United
States. However, these powers were exercised rarely.
 THE 1935 COMMONWEALTH
CONSTITUTION
• The Constitution of the Commonwealth of the Philippines provided for a presidential
system of government with a unicameral legislature. It had the power to enact laws
for the Philippines, known as Commonwealth Acts, through the National Assembly.

• The Commonwealth was meant to lay down the foundations for an independent,
fully-functional state. Its priorities could be seen in the first laws enacted by the new
National Assembly: Commonwealth Act No. 1 established the Philippine Army and a
national defense policy; Commonwealth Act No. 2 established the National
Economic Council; Commonwealth Act No. 3 created the Court of Appeals.The
1935 Constitution was amended in 1940 to permit the reelection of the president
and the vice president, to restore the Senate and thus shift the legislature back to
the bicameral system, and to establish a national electoral authority, the
Commission on Elections. The proposed amendments were ratified in a plebiscite
held on June 18, 1940.
•
 PRE-WAR GOVERNMENT
• With war looming over the world following German aggression in Europe and
the Japanese annexation of Manchuria, the National Assembly conferred
emergency powers on the government. The Philippine Army was placed
under the command of the United States Armed Forces Far East (USAFFE),
headed by Field Marshal Douglas MacArthur, who was recalled to active
service after having served as military adviser to the Commonwealth since
1935.

• Filipinos reelected Quezon, Osmeña, and legislators to fill seats in the newly
created bicameral congress on November 11, 1941.
 WORLD WAR II
• War in Asia broke out on December 8, 1941 following the Japanese bombing of Pearl
Harbor, the American naval fortress in Hawaii, and Axis military advances throughout
Southeast Asia.
• USAFFE, composed of Filipino and American personnel, held off the Japanese war
machine that had routed the French, British, and Dutch colonial governments in the
region. But lack of reinforcements, disease, and obsolete armaments due to the “Europe
First” policy adopted by U.S. President Franklin D. Roosevelt, hampered any real progress.
• On December 24, 1941, President Quezon and his war cabinet evacuated to the island
stronghold of Corregidor in Manila Bay and two months later left for Australia, en route to
the safety of the United States. There the Commonwealth Government continued to
function in exile, gaining recognition from the world community as a member of the
United Nations. President Quezon continued to represent the Commonwealth of the
Philippines in Washington, D.C. He would serve in the same capacity, with an extended
term in 1943 by virtue of Joint Resolution No. 25 of the United States Congress, until his
death on August 1, 1944, resulting in Osmeña’s ascension to the Presidency. Osmeña
gave his inaugural address in Washington, D.C., making him the only Philippine President
thus far to deliver an inaugural address outside the Philippines.
 LIBERATION AND POST WAR
GOVERNMENT
• On October 20, 1944, Allied forces under the command of Field Marshal
Douglas MacArthur landed on the shores of Leyte and began the campaign
to liberate the Philippines. He was accompanied by President Osmeña,
whose return formally reestablished the Commonwealth Government on
Philippine soil. With the nullification of all acts of the Second Republic,
President Osmeña convened the Congress, elected in November 11, 1941,
on June 9, 1945.
 LIBERATION AND POST WAR
GOVERNMENT
• After liberation, the Commonwealth government was restored. Congress convened in its
first President Manuel A. Roxas of the Philippinesregular session on July 9, 1945. It was the
first time the people’s representatives have assembled since their election on November
11, 1941. Manuel Roxas was elected Senate President, and Elpidio Quirino was chosen
President Pro Tempore. Jose Zulueta was speaker of the house, while Prospero Sanidad
became speaker pro Tempore. The first law of this congress, enacted as commonwealth
act 672, organized the central bank of the Philippines. The commonwealth deal also
tackled the issue of collaboration. In September 1945 the counter intelligence corps
presented the people who were accused of having collaborated with, or given aid to,
the Japanese. Included were prominent Filipinos who had been active in the puppet
government that the Japanese had been established. ”A Peoples Court" was created to
investigate and decide on the issue.
• Amidst this sad state of affairs, the third commonwealth elections were held on April 23,
1946. Sergio Osmeña and Manuel Roxas vied for the Presidency. Roxas won thus
becoming the last president of the Philippine Commonwealth. The Commonwealth era
formally ended when the United States granted independence to the Philippines, as
scheduled on July 4, 1946.
 LIBERATION AND POST WAR
GOVERNMENT
• On April 23, 1946, the first postwar election was held, in which Manuel Roxas
and Elpidio Quirino were elected President and Vice President over re-
electionist Osmeña and his running mate, Eulogio Rodriguez, Sr.
• Roxas took his oath of office on May 28, 1946 as the third and last President
of the Commonwealth of the Philippines in front of the ruins of the Legislative
Building in Manila. In the succeeding weeks, pursuant to the provisions of the
Philippine Independence Act, the Commonwealth of the Philippines
became the Republic of the Philippines—the Third Republic.
 THE 1973 CONSTITUTION AND
DARK DAYS OF MARTIAL LAW
• Ferdinand Marcos was elected president in 1965 and was re-elected in 1969,
the first president to be so re-elected. Desirous of remaining in power beyond
his legal tenure, he declared martial law in 1972, just before the end of his
second and last term, citing a growing communist insurgency as its
justification. He then manipulated an ongoing Constitutional Convention
and caused the drafting of a new constitution – the 1973 Constitution –
which allowed him to rule by decree until 1978 when the presidential system
of the 1935 Constitution was replaced with a parliamentary one. Under this
new system, Marcos held on to power and continued to govern by decree,
suppressing democratic institutions and restricting civil freedoms.
 DECLARATION OF MARTIAL LAW
• President Ferdinand E. Marcos signed Proclamation No. 1081 on September
21, 1972, placing the Philippines under Martial Law. Some sources say that
Marcos signed the proclamation on September 17 or on September 22—but,
in either case, the document itself was dated September 21.
• Throughout the Martial Law period, Marcos built up the cult of September 21,
proclaiming it as National Thanksgiving Day by virtue of Proclamation No.
1180 s. 1973 to memorialize the date as the foundation day of his New
Society. The propaganda effort was so successful that up to the present,
many Filipinos—particularly those who did not live through the events of
September 23, 1972—labor under the misapprehension that martial law was
proclaimed on September 21, 1972. It was not.
 DECLARATION OF MARTIAL LAW
• The declaration issued under Proclamation 1081 suspended the civil rights and
imposed military authority in the country. Marcos defended the declaration stressing
the need for extra powers to quell the rising wave of violence allegedly caused by
communists. The emergency rule was also intended to eradicate the roots of
rebellion and promote a rapid trend for national development. The autocrat assured
the country of the legality of Martial Law emphasizing the need for control over civil
disobedience that displays lawlessness. Marcos explained citing the provisions from
the Philippine Constitution that Martial Law is a strategic approach to legally defend
the Constitution and protect the welfare of the Filipino people from the dangerous
threats posed by Muslim rebel groups and Christian vigilantes that places national
security at risk during the time. Marcos explained that martial law was not a military
takeover but was then the only option to resolve the country’s dilemma on rebellion
that stages national chaos threatening the peace and order of the country. The
emergency rule, according to Marcos’s plan, was to lead the country into what he
calls a “New Society”.
 DECLARATION OF MARTIAL LAW
• Marcos used several events to justify martial law. Threat to the country’s
security was intensifying following the re-establishment of the Communist
Party of the Philippines (CPP) in 1968. Supporters of CPP’s military arm, the
New People’s Army, also grew in numbers in Tarlac and other parts of the
country. The alleged attempt to the life of then Minister of Defense Juan
Ponce Enrile gave Marcos a window to declare Martial Law. Marcos
announced the emergency rule the day after the shooting incident. Marcos
also declared insurgency in the south caused by the clash between Muslims
and Christians, which Marcos considered as a threat to national security. The
Muslims were defending their ancestral land against the control of Christians
who migrated in the area. The minority group organized the Moro National
Liberation Front (MNLF) in Malaysia and pushed for the autonomy of
Mindanao from the national government.
 THE LAST DAYS OF DEMOCRACY
• On September 21, 1972, democracy was still functioning in the Philippines.
Senator Benigno S. Aquino Jr. was still able to deliver a privilege speech—
what would be his final one—in the Senate. Primitivo Mijares, among others,
recounted the functioning of the House of Representatives and the Senate,
with committee meetings scheduled for that night. Senate and House
leaders agreed not to adjourn on this day, as earlier scheduled. They
decided to extend their special session to a sine die adjournment on
September 23.

• That afternoon, a protest march in Plaza Miranda was sponsored by the

Concerned Christians for Civil Liberties. The rally was attended by more than
30 “civic, religious, labor, student, and activist groups […] [and] a crowd of
30,000,” and received coverage from newspapers, radio, and television.
 THE ENRILE AMBUSH AS PRETEXT
FOR MARTIAL LAW
• The pretext for Martial Law was provided later in the evening of Friday, September
22, 1972, the convoy of Secretary of Defense Juan Ponce Enrile was ambushed in
Wack-Wack as he was on his way home to Dasmariñas Village in Makati before 9
p.m. Enrile recalled his convoy was driving out of Camp Aguinaldo when a car
opened fire at his convoy and sped away.
• A contrasting account came from Oscar Lopez, who lived along Notre Dame Street,
Wack Wack Village, stated that he heard a lot of shooting and that when he went
out to see what was happening, he saw an empty car riddled with bullets. Lopez’s
driver, who happened to see the incident, narrated that “there was a car that
came and stopped beside a Meralco post. Some people got out of the car, and
then there was another car that came by beside it and started riddling it with bullets
to make it look like it was ambushed.”
• This ambush, as Enrile later revealed in 1986, was staged by Marcos to justify Martial
Law.
 THE ENRILE AMBUSH AS PRETEXT
FOR MARTIAL LAW
• Marcos, in his diary entry for September 22, 1972 (time-stamped 9:55 p.m.) wrote, “Sec.
Juan Ponce Enrile was ambushed near Wack-Wack at about 8:00 pm tonight. It was a
good thing he was riding in his security car as a protective measure… This makes the
martial law proclamation a necessity.” His diary entry for September 25, 1972 mentions
conditions after two days of Martial Law, also indicating martial law in reality is dated to
September 23, 1972.
• Primitivo Mijares—a former journalist for Marcos who would later write against Marcos
and disappear without a trace in 1973—claimed that the Enrile ambush was fake as it
was made as the final excuse for Marcos to declare Martial Law.[11] Mijares also
claimed that the ammunition planted by the Presidential Guard Battalion in Digoyo
Point, Isabela—which was later confiscated by the Philippine Constabulary on July 5,
1972—was used to connect the ambush with alleged Communist terror attacks.
• In the biography of Chino Roces, Vergel Santos questioned the elements of the Enrile
ambush: “Why inside a village and not on a public street, and why in that particular
village? Possibly for easier stage-managing: the family of Enrile’s sister Irma and her
husband, Dr. Victor Potenciano, lived there, in Fordham, the next street in the
Potenciano home and got the story straight from him, as officially scripted.”
 DAY ONE OF THE MARCOS
DICTATORSHIP
• Thirty-thousand opposition figures including Senator Benigno Aquino,
journalists, student and labor activists were detained at military compounds
under the President’s command (Proclamation 1081 and Martial Law). The
army and the Philippine Constabulary seized weapons and disbanded
private armies controlled by prominent politicians and other influential figures
(Proclamation 1081 and Martial Law). Marcos took control of the legislature
and closed the Philippine Congress (Proclamation 1081 and Martial Law).
Numerous media outfits were either closed down or operated under tight
control (Proclamation 1081 and Martial Law). Marcos also allegedly
funnelled millions of the country’s money by placing some of his trusted
supporters in strategic economic positions to channel resources to him.
Experts call this the “crony capitalism.”
 DAY ONE OF THE MARCOS
DICTATORSHIP
• The second is that the arbitrary date emphasizes that the actual date for Martial Law
was not the numerologically-auspicious (for Marcos) 21st, but rather, the moment that
Martial Law was put into full effect, which was after the nationwide address of Ferdinand
Marcos as far as the nation was concerned: September 23, 1972. By then, personalities
considered threats to Marcos (Senators Benigno S. Aquino Jr., Jose Diokno, Francisco
Rodrigo and Ramon Mitra Jr., and members of the media such as Joaquin Roces,
Teodoro Locsin Sr., Maximo Soliven and Amando Doronila) had already been rounded
up, starting with the arrest of Senator Aquino at midnight on September 22, and going
into the early morning hours of September 23, when 100 of the 400 personalities targeted
for arrest were already detained in Camp Crame by 4 a.m.
• In the meantime, the military had shut down mass media, flights were canceled, and
incoming overseas calls were prohibited. Press Secretary Francisco Tatad went on air at 3
p.m. of September 23 to read the text of Proclamation No. 1081. The reading of the
proclamation was followed by Marcos going on air at 7:15 p.m. to justify the massive
clampdown of democratic institutions in the country.
• Marcos would subsequently issue General Order No. 1, s. 1972, transferring all powers to
the President who was to rule by decree.
 HUMAN RIGHTS ABUSES
• During the entire period of the martial law in the Philippines, the Philippine
military and Philippine constabulary committed serious crimes and human
rights abuses.
• Most activist and those who opposed the Marcos regime were arbitrary
detained, imprisoned or summarily executed.
• Others are unfortunate, most of them were subjected to inhumane
treatment, and some women activist were raped by the military and other
law enforcement agents.
 THE HUMAN RIGHTS VIOLATIONS
WERE CATEGORIZED AS FOLLOWS
• o Arrest/Detention
• o Death in evacuations
• o Demolition
• o Destruction of property
• o Disappearance
• o Divestment of property
• o Evacuation
• o Fake/forced surrender
• o Frustrated massacre
• o Frustrated salvaging
• o Hamletting
• o Harassment
• o Massacre
• o Other woundings/frustrated killings
• o Physical assault
• o Salvaging
• o Violent Dispersal
 “NEVER AGAIN”
• The deterioration of the political and economic condition in the Philippines triggered
the decline of support on Marcos’ plans. More and more Filipinos took arms to
dislodge the regime. Urban poor communities in the country’s capital were
organized by the Philippine Ecumenical Council for Community and were soon
conducting protest masses and prayer rallies. These efforts including the exposure of
numerous human rights violations pushed Marcos to hold an election in 1978 and
1981 in an aim to stabilize the country’s chaotic condition. Marcos, in both events,
won the election; however, his extended term as President of the Republic of the
Philippines elicited an extensive opposition against his regime. Social unrest reached
its height after former Senator Benigno Aquino was murdered. The incident sent
thousands of Filipinos to the streets calling for Marcos’ removal from post. Turning
again to his electoral strategy, Marcos held a snap election in 1986 but what he
hoped will satisfy the masses only increased their determination to end his rule that
seated Corazon Aquino, widow of Benigno Aquino, as President of the Philippines
ousting Marcos from Malacañang Palace and ending the twenty-one years of
tyrant rule.
 “NEVER AGAIN”
• After the declaration and imposition of Martial Law, citizens would still go on to
challenge the constitutionality of Proclamation No. 1081. Those arrested filed
petitions for habeas corpus with the Supreme Court. But Marcos, who had originally
announced that Martial Law would not supersede the 1935 Constitution, engineered
the replacement of the constitution with a new one. On March 31, 1973, the
Supreme Court issued its final decision in Javellana v. Executive Secretary, which
essentially validated the 1973 Constitution. This would be the final legitimizing
decision with on the constitutionality of Martial Law: in G.R. No. L-35546 September
17, 1974, the Supreme Court dismissed petitions for habeas corpus by ruling that
Martial Law was a political question beyond the jurisdiction of the court; and that,
furthermore, the court had already deemed the 1973 Constitution in full force and
effect, replacing the 1935 Constitution.
• Martial Law would officially end on January 17, 1981 with Proclamation No. 2045.
Marcos, however, would reserve decree-making powers for himself.
 THE EDSA PEOPLE POWER AND THE
1986 FREEDOM CONSTITUTION
The Philippines was praised worldwide in 1986, when the so-called bloodless revolution
erupted, called EDSA People Power’s Revolution. February 25, 1986 marked a
significant national event that has been engraved in the hearts and minds of every
Filipino. This part of Philippine history gives us a strong sense of pride especially that
other nations had attempted to emulate what we have shown the world of the true
power of democracy. The true empowerment of democracy was exhibited in EDSA
by its successful efforts to oust a tyrant by a demonstration without tolerance for
violence and bloodshed. Prayers and rosaries strengthened by faith were the only
weapons that the Filipinos used to recover their freedom from President Ferdinand
Marcos’s iron hands. The Epifanio de los Santos Avenue (EDSA) stretches 54 kilometers,
where the peaceful demonstration was held on that fateful day. It was a day that
gathered all Filipinos in unity with courage and faith to prevail democracy in the
country. It was the power of the people, who assembled in EDSA, that restored the
democratic Philippines, ending the oppressive Marcos regime. Hence, it came to be
known as the EDSA People Power’s Revolution.
 THE EDSA PEOPLE POWER AND THE
1986 FREEDOM CONSTITUTION
• Former President Ferdinand Marcos & Imelda Romualdez-MarcosThe revolution was
a result of the long oppressed freedom and the life threatening abuses executed by
the Marcos government to cite several events like human rights violation since the
tyrannical Martial Law Proclamation in 1972. Former Senator Benigno "Ninoy"
Aquino, Jr.In the years that followed Martial Law started the suppressive and abusive
years–incidents of assassination were rampant, particularly those who opposed the
government, individuals and companies alike were subdued. The Filipinos reached
the height of their patience when former Senator Benigno "Ninoy" Aquino, Sr. was
shot and killed at the airport in August 21, 1983, upon his return to the Philippines
from exile in the United States. Aquino’s death marked the day that Filipinos learned
to fight. His grieving wife, Corazon Cojuangco-Aquino showed the Filipinos and the
world the strength and courage to claim back the democracy that Ferdinand
Marcos arrested for his personal caprice.
 THE EDSA PEOPLE POWER AND THE
1986 FREEDOM CONSTITUTION
• . Considering the depressing economy of the country, Ninoy’s death further
intensified the contained resentment of the Filipinos. In the efforts to win
back his popularity among the people, Marcos held a snap presidential
election in February 7, 1986, where he was confronted with a strong and
potent opposition, Corazon Aquino. It was the most corrupt and deceitful
election held in the Philippine history. There was an evident trace of electoral
fraud as the tally of votes were declared with discrepancy between the
official count by the COMELEC (Commission on Elections) and the count of
NAMFREL (National Movement for Free Elections). Such blatant corruption in
that election was the final straw of tolerance by the Filipinos of the Marcos
regime.
 THE EDSA PEOPLE POWER AND THE
1986 FREEDOM CONSTITUTION
• Former Defense Minister Juan Ponce EnrileThe Fidel V. Ramosdemonstration started
to break in the cry for democracy and the demand to oust Marcos from his seat at
Malacañang Palace. The revolt commenced when Marcos' Defense Minister Juan
Ponce Enrile and the Armed Forces Vice-Chief of Staff command of Fidel V. Ramos,
both withdrew their support from the government and called upon the resignation
of then President Marcos. They responsibly barricaded Camp Crame and Camp
Aguinaldo and had their troops ready to combat against possible armed attack
organized by Marcos and his troops. The Catholic Church represented by
Archbishop Jaime Cardinal Sin along with the priests and nuns called for the support
of all Filipinos who believed in democracy. Radyo Veritas aired the message of
Cardinal Sin that summoned thousands of Filipinos to march the street of EDSA. It
was an empowering demonstration that aimed to succeed peacefully with the
intervention of faith. Nuns kneeled in front of tanks with rosaries in their hands and
uttering their prayers.
 THE EDSA PEOPLE POWER AND THE
1986 FREEDOM CONSTITUTION
• Former President Corazon Cojuangco-AquinoWith the power of prayers, the armed
marine troops under the command of Marcos withdrew from the site. Celebrities
expressed their support putting up a presentation to showcase the injustices and the
anomalies carried out by the Marcos administration. Finally, in the morning of
February 25, 1986, Corazon Aquino took the presidential oath of office, administered
by the Supreme Court Associate Justice Claudio Teehankee at Club Filipino located
in San Juan. Aquino was proclaimed as the 11th President of the Republic of the
Philippines. She was the first lady president of the country. People rejoiced over their
victory proving the success of the EDSA People’s Power Revolution, the historic
peaceful demonstration. Although in 2001, there was an attempt to revive People
Power in the efforts to oust then President Joseph Estrada, it was not as strong as the
glorifying demonstration in 1986. The bloodless, People Power Revolution in EDSA
renewed the power of the people, strengthened the meaning of democracy and
restored the democratic institutions of government.
 THE 1986 FREEDOM CONSTITUTION
• Promulgated by Presidential Proclamation, March 25, 1986 by Corazon C.
Aquino. Her rule as president began on February 25, 1986 after taking oath
at the Club Filipino in San Juan, Metro Manila. She was the 11th president of
the Philippines and the first woman to become president of the country.
• It provides a provisional (temporary) constitution in order to draft a new
constitution and provides certain powers and authority to create a new
Philippines after the tragedy of martial law.
 THE 1987 CONSTITUTION
• Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987 Constitution of the Republic of
the Philippines was presented to President Corazon C. Aquino on October 15, 1986. It was ratified on February 2,
1987 by a plebiscite. It was proclaimed in force on February 11, 1987.
• Ruling by decree during the early part of her tenure and as a president installed via the People Power
Revolution, President Corazon C. Aquino issued Proclamation No. 3 on March 25, 1986 which abrogated many
of the provisions of the then 1973 Constitution adopted during the Marcos regime including the unicameral
legislature (the Batasang Pambansa), the office of Prime Minister, and provisions which gave the President
legislative powers. Often called the "Freedom Constitution," this constitution was only intended as a temporary
constitution to ensure the freedom of the people and the return to democratic rule. A constitutional assembly
was soon called to draft a new constitution for the country.
• The Constitutional Commission was composed of fifty members appointed by Aquino from varied backgrounds
including several former members of the House of Representatives, former justices of the Supreme Court, a
Roman Catholic bishop, and political activists against the Marcos regime. The Commission elected Cecilia
Muñoz-Palma, a former Associate Justice of the Supreme Court, as its president. Several issues were of particular
contention during the Commission's sessions, including the form of government to adopt, the abolition of the
death penalty, the retention of the U.S. bases in Clark and Subic, and the integration of economic policies into
the constitution. Lino Brocka, a film director and political activist who was member of the Commission, walked
out before the constitution's completion, and two other delegates dissented from the final draft. The Commission
finished the final draft on October 12, 1986 and presented it to Aquino on October 15. The constitution was
ratified by a nationwide plebiscite on February 8, 1987.