Constitutions of The Philippines

1899 • 1973 • 1987
CONSTITUTIONS OF THE PHILIPPINES
Buckle up folks, we hope y’all have had your morning coffee

1899
“THE MALOLOS REPUBLIC CONSTITUTION”
w/ Sean & Zhang
BACKGROUND
During the 1890s, the Katipunan or KKK, a secret society dedicated to

achieving Philippine independence from Spain, was formed and led by Andres
Bonifacio.
On May 1, 1898, the American force defeated the Spanish in the Battle of
Manila Bay.
On June 12, Aguinaldo issued the Philippine Declaration of Independence.
Elections were held from June 23 to September 10, 1898.
 September 15, 1898 – inaugural session at Barasoain Church.
Officers:
Pedro Paterno, president;
Benito Legarda, vice president
Gregorio Araneta, First secretary
Pablo Ocampo, second secretary
 A committee was selected to draft a constitution for the republic.

 The committee was composed of Hipolito Magsalin, Basilio Teodoro, Jose
Albert, Joaquin Gonzales, Gregorio Araneta, Pablo Ocampo, Aguedo
Velarde, Higinio Benitez, Tomas del Rosario, Jose Alejndrino, Alberto
Barreto, Jose Luna, Antonio Luna, Felipe Calderon, Felipe Buencamino and
many others.
 One of its first acts was to ratify the Independence declaration in Kawit.
The union of Church and State
November 29, 1898 – the constitution was approved by

the Malolos Congress and forwarded to President
Aguinaldo for approval
The original draft of the constitution emphasized a popular

government. 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.
January 21, 1899 – the document was finally approved by

Aguinaldo
WHO DRAFTED IT?
• Three drafts presented:

1. Mabini
2. Paterno
3. Calderon
• The latter’s draft was eventually chosen

• October 25 – discussions for the constitution began
HELLO!
I am Sean San Antonio

THE MALOLOS CONSTITUTION AND ITS
DIFFERENCES AND SIMILARITIES BETWEEN THE
OTHER CONSTITUTIONS
MORE BACKGROUND
REASONS WHY WE HAD TO REDRAFT OR REVISE

THE CONSTITUTION
THE MALOLOS CONSTITUTION AND ITS
DIFFERENCES AND SIMILARITIES
BETWEEN THE OTHER CONSTITUTIONS
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 presented

elected for a term of four years by a majority of the Assembly convened
as the constituent assembly.
3. Anchored in Democratic traditions that ultimately had their roots on

American soil
4. It recognized the freedom of religion and the separation of the church
and stated
5. It emphasized and safeguarded the basic civil rights of not only

Filipino, but foreigners , through the bill of rights (Articles XIX to
XXIII).
6. The Legislative powers were exercised by the Assembly of

Representatives composed of delegates elected according to law.
7. The Cabinet, composed of the secretaries of different departments of

the Government
8. Administration of justice was vested in the Supreme Court. Inferior
courts to be established according to law.
9. Chief Justice of the Supreme Court was elected by the Assembly with
the concurrence of the President and the Cabinet.
THE MALOLOS CONSTITUTION WAS UNIQUE FOR
VARIETY OF REASONS:
 The provisions made, making the Legislative branch superior to

either the Executive or the Judicial Branch
 It provided for a Permanent Commission to sit as a legislative

body when the Assembly was not in session
 It established a unicameral legislature

PERMANENT COMMISSION
The Permanent Commission is created to make decisions when the

National Assembly is in recess. The National Assembly is empowered to
elect seven of its members to constitute the Permanent Commission, with
the obligation that the Commission choose a President and a Secretary
on its first session.The Permanent Commission powers were:
• Declare whether or not there is sufficient cause to take legal action

against the President of the Republic, the Representatives, the
Secretaries of Government, the President of the Supreme Court of
Justice, and the Solicitor General in the cases provided for in this
Constitution;
• Convene the Assembly in extraordinary session in cases when the
Court of Justice must be constituted
• Act on matters that have remained unresolved in order for them

to be taken into consideration
• Convene the Assembly in extraordinary sessions when the

exigency of the case so requires
• Substitute the National Assembly in the exercise of its powers in

accordance to the Constitution, except in the power of creating
and passing laws. The Permanent Commission shall meet
whenever it is convened by whoever presides over it in
accordance to this Constitution
MORE BACKGROUND
• The first Philippine Republic was inaugurated on January 23, 1899 at
the Barasoain Church where Emilio Aguinaldo took his oath at the
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
the 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.
Such as:
Felipe Agoncillo for the United States
Mariano Ponce & Faustino Lichauco for Japan
Antonio Regidor for the United Kingdom
Juan Luna and Pedro Roxas for France

REASONS AS TO WHY THEY HAD TO
REDRAFT OR REVISE THE
CONSTITUTION
The First Philippine Republic, despite their best efforts never
gained international recognition and the Malolos Constitution
was never fully implemented across the Philippines
The Republic was a short lived government. Its demise began

at the defeat of the Spanish against the American forces, in
the Spanish- American war.
In it’s treaty of Paris of 1898 the American acquired the

Philippines from Spanish rule and the start of the Philippine-
American war in February 1899 and the Republic ceased to
exist with the capture of President Aguinaldo in Palanan
Isabela in March 1901.
By that time the Americans had firmly established
themselves as the new colonizers of the Philippines
with a military government running the country
In July 1901, they formally established the first civil

government in the islands
THE 1973 CONSTITUTION
w/ Roaina & Joshua
(cue change of slide theme because Roaina used Canva. SANA ALL)
Basin diay mugawas sa quiz namo na nigamit mi ug Canva
THE 1987 CONSTITUTION
w/ Gillianne & Clariza
(back to the old slide theme)

MATA PA MO MGA PEPOL???????? #hapitNA
EVOLUTION OF THE PHILIPPINE
CONSTITUTION (FROM 1935-1987)
• The Philippines has

had a total of 6
constitutions since
the proclamation
of Independence of
June 12, 1898
• Delegate Manuel Roxas signs the Constitution. He
was the leading member of the Committee on Style,
also known as the Seven Wise Men, who had a
significant impact on the final draft of the 1935
Constitution.
• The 1935 constitution was ratified by the Filipino people

through a national plebiscite on May 14, 1935 and came
into full force on May 14, 1935 with the inauguration of the
Commonwealth of the Philippines
• In 1940, the said constitution was amended by the National
Assembly of the Philippines
• During World War II, the 1935 Constitution was nullified
and replaced by the 1943 Constitution used by the 2nd
Republic with Jose P. Laurel as President and came back to
effect again in 1945
• In 1972, before Martial Law was declared, the 1935 Constitution was already in the process
of deliberating on amending and revising the mentioned Constitution
• The 1973 Constitution has been “ratified”—where there happened a ‘fraud’ that was
exposed but later on the Constitution became valid and was in full force
• When democracy was restored in 1986,

President Corazon C. Aquino issued a
proclamation suspending certain provisions of
the 1973 Constitution and promulgating in its
stead a transitory constitution– and a month
later led to writing a new charter to replace
the said constitution
• On February 11, 1987, the 1987

constitution finally came into full
force and effect the same day with
the president, other civilian officials,
and members of the Armed Forces
swearing allegiance to the new
charter
COMPARING THE 3 MAIN
CONSTITUTIONS
https://batasnatin.com/law-library/political-and-public-international-
law/constitutional-law/1334-1987-1973-1935-philippines-constitution-
compared-comparison-matrix.html
or look up: “comparing and contrasting the philippine constitutions”
on Google
COMPARING THE CONSTITUTIONS
1987 1973 1935

• Preamble: “…imploring the aid of • Preamble: “…imploring the aid of • Preamble: “…imploring the aid of
Almighty God.” Divine Providence.”
Divine Providence.”
• Article II, Section 1: “The Philippines • Article II, Section 1: “The Philippines
is a democratic and republican is a republican State.” • Article II, Section 1: “The
State.” Philippines is a democratic and
• Article II has 10 sections
• Article II has 28 sections republican State.”
• Article VIII: The National Assembly
• Article VI: Legislative Department • has a national assembly with as many • Article II has 4 sections
• implements House of Representatives people as possible
• Article VI: Legislative Department
• implements HoR

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What was the Malolos Republic Constitution?

What was the Malolos Republic Constitution?

Who drafted the Malolos Republic Constitution?

Who drafted the Malolos Republic Constitution?

1899 • 1973 • 1987

CONSTITUTIONS OF THE PHILIPPINES

Buckle up folks, we hope y’all have had your morning coffee

During the 1890s, the Katipunan or KKK, a secret society dedicated to

 A committee was selected to draft a constitution for the republic.

November 29, 1898 – the constitution was approved by

The original draft of the constitution emphasized a popular

January 21, 1899 – the document was finally approved by

• Three drafts presented:

• The latter’s draft was eventually chosen

I am Sean San Antonio

REASONS WHY WE HAD TO REDRAFT OR REVISE

1. It was based on democratic traditions in which the government formed

2. It called for a presidential form of government with the presented

3. Anchored in Democratic traditions that ultimately had their roots on

5. It emphasized and safeguarded the basic civil rights of not only

6. The Legislative powers were exercised by the Assembly of

7. The Cabinet, composed of the secretaries of different departments of

 The provisions made, making the Legislative branch superior to

 It provided for a Permanent Commission to sit as a legislative

 It established a unicameral legislature

The Permanent Commission is created to make decisions when the

• Declare whether or not there is sufficient cause to take legal action

• Act on matters that have remained unresolved in order for them

• Convene the Assembly in extraordinary sessions when the

• Substitute the National Assembly in the exercise of its powers in

• The Malolos Republic was the first democratic government of the

Felipe Agoncillo for the United States

Mariano Ponce & Faustino Lichauco for Japan

Antonio Regidor for the United Kingdom

Juan Luna and Pedro Roxas for France

The Republic was a short lived government. Its demise began

In it’s treaty of Paris of 1898 the American acquired the

In July 1901, they formally established the first civil

(back to the old slide theme)

• The Philippines has

• The 1935 constitution was ratified by the Filipino people

• When democracy was restored in 1986,

• On February 11, 1987, the 1987

1987 1973 1935

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