Chapter 12- The Philippine

Constitution
 Constitution
•Basic principles and law of a nation, state or social
group that determine the power and duties of
government and guarantee rights to the people
•Written instrument embodying rules of political or
social organization
•Fundamental and entrenched rules governing
conduct of an organization or state and establishing
its concept, character and structure
•Short document, general in nature, embodying
aspirations and value to writers and subjects
•Set of fundamental principles or precedents
according to which state or organization is governed
•Written constitution- principles written to a single
document or set of legal documents
•Codified Constitution- set of fundamental
principles written down in single comprehensive
document
•US- first written national constitution
•UK- constitution are uncodified but written in
numerous fundamental Acts of a legislature, court
cases or treaties
•India Constitution- longest written constitution in
the world, has 444 articles in 22 parts, 12
schedules and 118 amendments with 146,385
words in English-language version
•Monaco Constitution- shortest written
constitution with 10 chapters with 97
articles and total of 3,814 words
•Treaty establish an international
organization
•Define principles which state is based,
laws are made by whom
•Codified Constitution- act as limiters of
state power by establishing lines which
state rulers cannot cross like
fundamental rights
 1897 Constitution of Biak-na-Bato
•March 22,1897 at San Francisco de Malabon, Cavite-
first presidential and vice-presidential elections in
Philippine history were held
•November 1,1897 at Biak-na-Bato in San Miguel de
Mayumo, Bulacan- Republic of Biak-na-Bato was
establish
•Biak-na-Bato Republic- had a constitution drafted by
Isabelo Artacho and Felix Ferrer based on Cuban
Constitution
•Known as “Constitucion Provisional de la Republica de
Filipinas” (Provisional Constitution of the Philippines)
•Written and promulgated in Spanish and Tagalog
language
 1899 Malolos Constitution (1899-1901)
•January 20, 1899 at Barasoain Church in
Malolos, Bulacan
•Malolos Congress- proclaimed, enacted
and ratified “Constitucion politica”
(Political Constitution)
•Document written in Spanish
•First Republican constitution in Asia
Elected for a term of 4 years by Assembly
majority
A. Declared sovereignty resides
exclusively in the people
B. Stated basic civil rights
C. Separated church and state
D. Called for creation of Assembly of
Representatives to act as
legislative body
E. Called for parliamentary republic
as form of government. President
was
 Acts of the United States Congress (1902-
1934)
•December 10, 1898-March 24,1934- Philippines was a
United States Colony
•Under the jurisdiction of Federal Government of United
States of America
•US Congress- passed 2 acts; (Philippine Organic Act of
1902
•Considered informally as Philippine Constitution
•Acts defined fundamental political principles of the land
•Establish structure, procedure, powers and duties of
Philippine government
•The 3rd act of the US Congress ( Tydings-Mc Duffie Act of
1934)- provide mechanism towards creation and
establishment of a formal constitution
 Philippine Organic Act of 1902
•Known as Philippine Bill of 1902
•First organic law for Philippine Island enacted by US
Congress
•Provide creation of a popularly elected Philippine
Assembly
•Legislative power be vested in a bicameral
legislature composed of Philippine Commission
(upper house) and Philippine Assembly (lower
house)
•Include bill of rights for the Filipino and
appointment of two non-voting Filipino Resident
Commissioner of the Philippines to represent the
Philippines in the US House of Representative
 Philippine Autonomy Act of 1916
•Known as Jones Law
Modified structure of Philippine government by
removing Philippine Commission as legislative
upper house and replace it with a Senate
elected by Filipino voters creating the
Philippines first fully elected national legislature
•Stated it was and had always been the purpose
of the people of the US to end their
sovereignty over Philippine Island
•To recognized Philippine independence as soon
as a stable government establish
 Tydings-Mc Duffie Act (1934)

•Provided authority and defined

mechanism for establishment of a
formal constitution via constitutional
convention
 1935 Constitution (1935-1943, 1945-1973)
•Written in 1934, approved and adopted by
Commonwealth of the Philippines (1935-
1946) and later used by the Third Republic
(1946-1972)
•Written with an eye to meeting the
approval of US Government to ensure that
US will live up to its promise to grant the
Philippine Independence and not a premise
onto its possession that it was politically
immature and unready to full, real
independence
•Provide for unicameral National
Assembly
•President elected to 6 years term
without re-election
•Amended in 1940 to have bicameral
Congress composed of Senate and
House of Representative as well as
creation of independent electoral
commission
•It grants the President 4 years term
with maximum of 2 consecutive
terms in office
 1943 Constitution (1943-1945)
•Drafted by a committee appointed by Philippine
Executive Commission, body established by the
Japanese to administer the Philippine in lieu of
Philippine Commonwealth that establish a
government-in-exile
•Japanese Premier Hideki Tojo- promise the
Filipinos “the honor of independence”
•Preparatory Committee for Philippine
Independence- task to draft new constitution
compose of members of prewar National
Assembly and individuals with experience as
delegates to convention that draft the 1935
Constitution
•Draft is limited in duration, provide
indirect legislative elections and
stronger executive branch
•New charter was ratified in 1943 by
an assembly of appointed, provincial
representatives of Kalibapi,
organization establish by the Japanese
to supplant all previous political
parties
•Second Republic-proclaimed (1943-
1945)
•Jose P. Laurel- appointed as President by
National Assembly; highly regarded by
Japanese for openly criticized the US for
the way they ran the Philippines; he had
degree from Tokyo International
University
•Remained in force in Japanese-
controlled areas of the Philippines but
never recognized as legitimate or
binding by the Government of US or
Philippine Commonwealth and guerilla
organization loyal to them
•1944- Laurel declare state of war with US
and British Empire and declare martial law
•December 1944- his government went to
exile in Taiwan the Japan
•After Japanese surrender, Laurel dissolve
the Second Republic
•Provide strong executive power
•Legislature- consist of unicameral National
Assembly and those consider to be anti-US
would stand for election
•Second Republic- not viewed as legitimate
Philippine government or having standing
except Supreme Court, whose decision is
limited to reviews of criminal and
commercial cases as part of policy of
discretion continued to be part of official
records
•Jose Yulo- Supreme Court Chief Justice in
1943 Constitution
•Made easier for Commonwealth
government-in-exile never constituting
Supreme Court
•Jose Abad Santos- executed Chief
Justice by the Japanese
•Macapagal administration- partial
political rehabilitation of Japanese era
republic took place with official
recognition of Laurel as former
president
•This constitution is not taught in
school
•Laws of 1943-1944 National
assembly- never recognized as valid
or relevant
 1973 Constitution
•1971- Constitutional Convention was held to
rewrite 1935 Constitution
•Constitutional Convention manifest bribery
and corruption
•The most controversial issue was removing
the presidential term limit so Ferdinand
Marcos could seek election for a third term
which felt a true reason which convention is
called
•1935 Constitution- suspended in 1972
with Marcos proclamation of martial
law
•Promulgated after Marcos declaration
of martial law
•Supposed to introduce parliamentary-
style government
•Legislative power- vested in
unicameral National Assembly whose
members were elected for 6 years
term
•President- elected as symbolic and
purely ceremonial head of state
chosen among the member of
National Assembly for 6 years term
and could be re-elected to an
unlimited number of terms
Upon election, President ceased to be
a member of National Assembly
•President- during his term, not
allowed to be member of a political
party or hold any other office
•Executive power- exercised by Prime
Minister who was also elected among
sitting Assemblymen
•Prime Minister- head of government
and Commander-in- Chief of Armed
Forces
•October 16-17, 1976- majority of
barangay voters (called Citizen’s
Assembly) approved that martial law
should be continued and ratified the
amendments to the Constitution
proposed by President Marcos
•1976 amendments:
A. An Interim Batasang Pambansa
(IBP) substituting Interim National
Assembly
B. President would also be the Prime
Minister and continue to exercise
legislative powers until martial law is
lifted
•Sixth Amendment- authorize
President to legislate his own on an
emergency basis (grave emergency,
threat)
1973 Constitution- further amended in 1980
and 1981
•1980 Amendment- retirement age of
judiciary member is 70
•1981 Amendments- false parliamentary
system was modified to French-style semi-
presidential system:
A. Executive power was restored to the
President
B. Direct election of President was restored
C. Executive Committee composed of
Prime Minister and
More than 14 members was created to
“assist the President in the exercise of
his power”
•Prime Minister- head of the Cabinet
•Amendments instituted electoral
reforms and provide that natural born
citizen of the Philippines who lost his
citizenship maybe a transferee of
private land for use by him as
residence
•1984 Amendments- abolished
Executive Committee and restored
position of Vice-President (did not
exist in original unamended 1973
constitution)
•Final form of 1973 Constitution-
abolition of the Senate
•House of Representatives- known as
Batasang Pambansa or National
Assembly
•Department- become Ministries
•Cabinet Secretaries- become Cabinet
Ministers
•Executive Secretary- President’s
Assistant become Prime Minister
•Marcos parliamentary system function
as authoritarian presidential system
with all real power in the hands of the
President
 1986 Freedom Constitution (1986-1987)
•President Corazon C. Aquino- issue
Proclamation No. 3 as provisional constitution
•Granted President’s broad power to
reorganize government and remove officials
as well as mandating the President to appoint
a commission to draft a new, more formal
constitution
•Called Freedom Constitution
•Intended as temporary constitution to ensure
freedom of the people and return to
democratic rule
 1987 Constitution (1987-Present)

•Constitutional Commission- composed

of 50 members appointed by Pres.
Corazon Aquino including former
members of House of Representatives,
former Supreme Court Justices, Roman
Catholic bishop, political activist
against Marcos regime
•Cecilia Muñoz Palma- former
Associate Justice of Supreme Court as
President of Constitutional
Commission
•Several issue like form of government
to adopt, abolition of death penalty,
retention of US bases in Clark and
Subic, integration of economic policies
in constitution
•Lino Brocka- film director and political
activist, member of Commission
walked out before constitution’s
completion and 2 other delegates
dissented from the final
•October 12, 1986- final draft is finish
•October 15, 1986- constitution is
presented to Pres. Aquino
•February 8, 1987- constitution was
ratified by a plebisite
 A. Structure and Contents
•Contains preamble and 18 self-
contained articles with section
numbering that resets for every article
•Preamble- introduce the Constitution
and source of sovereignty, the people.
Follows pattern of past constitution
including an appeal to God
•Article I- National Territory
•National Territory- comprise the
Philippine archipelago, all islands and
water therein and all other territories
which Philippines has sovereignty or
jurisdiction, consisting its terrestrial,
fluvial and aerial domains including
territorial sea, seabed, subsoil,
Insular shelves and other submarine
areas. The water around, between and
connecting the islands of the
archipelago, regardless of their
breadth and dimensions, form part of
internal waters of the Philippines
•Article II- Declaration of Principles and
State Policies- lays out the basic social
and political creed of the Philippines,
particu-
Larly the constitution implementation
and set forth the objectives of the
government
•Article III- Bill of Rights- enumerates
specific protection against the abuse
of state power, similar to the
provisions of US Constitution. Scope
and limitation of these rights are
largely determine by Supreme Court
through case law
 Article IV- Citizenship

•Defines citizenship of Filipinos

•Enumerate 2 kinds of citizens: natural
born citizens and naturalized citizens
•Natural born citizens- citizens from
birth without having to perform act to
acquire or perfect Citizens
•Jus sanguinis- citizenship is mainly
acquired by blood relationship with
Filipino citizens
•Natural born citizens- important part
of political system as eligible to hold
high offices including elective offices
beginning with representatives in the
House up to President
 Article V- Suffrage

•Mandates various age and residence

qualifications to vote and a system of
secret ballots and absentee voting
•Mandates procedure for overseas and
disabled and illiterate Filipinos to vote
 Article VI- Legislative Department
•Provides a bicameral legislature called
Congress compose of Senate and House
of Representative
•Congress- power of investigation and
inquiry in aid of legislation, power to
declare existence and state of war,
power of purse, taxation and eminent
domain
•Article VII- Executive Department-
provides presidential form of
government where executive power is
vested in the President. Provides
qualification, terms of office, election,
power and function of the President.
Provides a Vice-President and
presidential line of succession
•Article VIII- Judicial Department- judicial
power on the Supreme Court and other
lower courts establish by law (Congress)
•president- has the power to appoint
justices, judges, appoint nominees pre-
elected by Judicial and Bar Council
•JBC- composed of Chief Justice of
Supreme Court, Justice Secretary, Chairs
of Senate and House Committee of
Justice and representative from legal
profession
•Article IX- Constitutional Commissions-
establish 3 Constitutional Commission:
Civil Service Commission, Commission on
Elections and Commission on Audit
•Article X- Local Government- local
autonomy and mandates Congress to
enact law for local government now Local
Government Code
•Article XI- Accountability of Public
Officers- establish Office of the
Ombudsman responsible for investigating
and prosecuting government officials
•Vested in Congress the power to
impeach President, Vice-President,
Supreme Curt members and
Ombudsman
•Article XII- National economy and
Patrimony
•Article XIII- Social Justice and Human
Rights
•Article XIV- Education, Science and
Technology, Arts, Culture and Sports
•Article XV- The Family
•Article XVI- General Provisions
•Article XVII- Amendments or Revision
•Article XVIII- Transitory Provisions