MODULE 4

“SOCIAL, POLITICAL, ECONOMIC, &

CULTURAL ISSUES IN PHILIPPINE HISTORY”
Introduction:

 The constitution is defined as a set of

fundamental principles or established
precedents according to which a state or
other organization is governed, thus, the
word itself means is to be a part of a whole,
the coming together of distant entities into
one group, with the same principles and
ideals.
 Agrarian reform is essentially the rectification
of the whole system of agriculture, an
important aspect of the Philippine economy
because nearly half of the population is
employed in the agricultural sector, most
citizens live in rural areas.
 Taxation is a reality that all citizens must

contend with the primary reason that

governments raise revenue from the people
they govern to be able to function fully.
EVOLUTION OF THE
PHILIPPINE CONSTITUTION
 Constitution – is defined as a set of
fundamental principles or established
precedents according to which a state or
other organizations is governed, thus, the
word itself means to be a part of a whole, the
coming together of distinct entities into one
group, with the same principles and ideals.
These principles define the nature and extent
of government.
The Constitution of the Philippines
 – the supreme law of the Republic of the
Philippines, has been in effect since 1987.
There were only three other constitutions that
have effectively governed the country: the
1935 Commonwealth Constitution, the 1973
Constitution, and the 1986 Freedom
Constitution. However, there were earlier
constitutions attempted by Filipinos in the
struggle to break free from the colonial yoke.
1897: Constitution of Biak-na-Bato
 The Constitution of Biak-na-Bato was the
provisionary Constitution of the Philippine
Republic during the Philippine Revolution,
and was promulgated by the Philippine
Revolutionary Government on 1 November
1897. The Constitution, borrowed from Cuba,
was written by Isabelo Artacho and Felix
Ferrer in Spanish, and later on, translated into
Tagalog.
 The Constitution of Biak-na-Bato was never
fully implemented, since a truce, the Pact of
Biak-na-Bato, was signed between the
Spanish and the Philippine Revolutionary
Army.
Primary Source: Preamble of the Biak-na-Bato Constitution

 The separation of the Philippines from the Spanish

monarchy and their formation into an independent
state with its own government called the Philippine
Republic has been the end sought by the Revolution in
the existing war, begun on the 24th of August, 1896;
and, therefore, in its name and by the power
delegated by the Filipino people, interpreting faithfully
their desires and ambitions, we the representatives of
the Revolution, in a meeting at Biak-na- Bato,
November 1, 1897, unanimously adopted the
following articles for the constitution of the States.

1899: Malolos Constitution

 After the signing of the truce, the Filipino revolutionary

leaders accepted a payment from Spain and went to exile
in Hong Kong. Upon the defeat of the Spanish to the
Americans in the Battle of Manila Bay on 1 May 1898, the
United States Navy transported Aguinaldo back to the
Philippines. The newly reformed Philippines
revolutionary forces reverted to the control of Aguinaldo,
and the Philippine Declaration of Independence was
issued on 12 June 1898, together with several decrees
that formed the First Philippine Republic. The Malolos
Congress was elected, which selected a commission to
draw up a draft constitution on 17 September 1898,
which was composed of wealthy and educated men.
Primary Source: Preamble of the Political Constitution of 1899

 As a direct challenge to colonial authorities of the

Spanish empire, the sovereignty was retroverted to
the people, a legal principle underlying the
Philippine Revolution. The people delegated
governmental functions to civil servants while they
retained actual sovereignty.

 Title IV – 27 articles included that detail the natural
rights and popular sovereignty of Filipinos, the
enumeration of which does not imply the
prohibition of any other rights not expressly
stated.
 Title III – Article V also declares that the State
recognizes the freedom and equality of all
beliefs, as well as the separation of Church
and State. These are direct reactions to
features of the Spanish government in the
Philippines, where the friars were dominant
agents of the state.

 Title II – Article IV is to be popular, representative,
alternative, and responsible, and shall exercise
three distinct powers – legislative, executive and
judicial.

 The 1899 Malolos Constitution was never enforced
due to the ongoing war. The Philippines was
effectively a territory of the United States upon the
signing of the Treaty of Paris between Spain and
the United States, transferring sovereignty of the
Philippines on 10 December 1898.

1935: The Commonwealth Constitution

 After the Treaty of Paris, the Philippines was

subject to the power of United States of
America, effectively the new colonizers of the
country. From 1898 to 1901, the Philippines
would be placed under a military government
until a civil government would be put into
place.

Two acts of the United States Congress were passed that
may be considered to have qualities of constitutionality:

 Philippine Organic Act of 1902 – the first

organic law for the Philippine Islands that
provided for the creation of a popularly
elected Philippine Assembly. The act
specified that legislative power would be
vested in a bicameral legislature composed
of the Philippine Commission as the upper
house and the Philippine Assembly as lower
house.
Philippine Autonomy Act of 1916
 – commonly referred to as “Jones Law”, which
modified the structure of the Philippine
government through the removal of the Philippine
Commission, replacing it with a Senate that served
as the upper house and its members elected by
the Filipino voters, the first truly elected national
legislature. It was also this act that explicitly
declared the purpose of the United States to end
their sovereignty over the Philippines and
recognize Philippine independence as soon as a
stable government can be established.

Hare-Hawes Cutting Act
 – in 1932, with the efforts of the Filipino
independence mission led by Sergio Osmeña
and Manuel Roxas, the United State Congress
passed this act with the promise of granting
Filipinos’ independence. The bill was opposed
by then Senate President Manuel L. Quezon
and consequently, rejected by the Philippine
Senate.
Tydings-McDuffie Act
 by 1934, another law also known as the Philippine
Independence Act, was passed by the United States
Congress that provided authority and defined
mechanisms for the establishment of a formal
constitution by a constitutional convention. The
members of the convention were elected and held their
first meeting on 30 July 1934, with Claro M. Recto
unanimously elected as president.

 The Constitution was crafted to meet the approval of
the United States government, and to ensure that the
United States would live up to its promise to grant
independence to the Philippines.
Primary Source: Preamble of the 1935 Commonwealth

 The Constitution created the Commonwealth of the

Philippines, an administrative body that governed the
Philippines from 1935 to 1946. It is a transitional
administration to prepare the country towards its full
achievement of independence.


 The draft of the Constitution was approved by the

constitutional convention on 8 February 1935, and ratified
by then U.S. President Franklin B. Roosevelt on 25 March
1935. Elections were held in September 1935 and Manuel
L. Quezon was elected President of the Commonwealth.

 The Commonwealth was briefly interrupted
by the events of the World War II, with the
Japanese occupying the Philippines.
Afterward, upon liberation, the Philippines
was declared an independent republic on 4
July 1946.
1973: Constitutional Authoritarianism

 In 1965, Ferdinand E. Marcos was elected president,

and in 1967, Philippine Congress passed a resolution
calling for a constitutional convention to change the
1935 Constitution. Marcos won the re-election in
1969, in a bid boosted by campaign overspending
and use of government funds. Elections of the
delegates to the Constitutional convention were held
on 20 November 1970, and the convention began
formally on 1 June 1971, with former president Carlos
P. Garcia being elected as convention president.
Unfortunately, he died, and was succeeded by another
former president, Diosdado Macapagal.
1987: Constitution After Martial Law

 President Corazon Aquino’s government had

three options regarding the constitution:

 Revert to the 1935 Constitution

 Retain the 1973 Constitution and be granted

the power to make reforms

 Start a new and break the “vestiges of a

disgraced dictatorship”.
 They decided to make a new constitution that,
according to the president herself, should be
“truly reflective of the aspirations and ideals of the
Filipino people.”


 The Constitution begins with a preamble and

eighteen self-contained articles. It established the
Philippines as a “democratic republican State”
where “sovereignty resides in the people and all
governmental powers among the executive,
legislative and judicial branches of the
government.
THREE BRANCES OF THE GOVT.
 Executive Branch – headed by the president
and his cabinet, whom he appoints. The
President is the head of the state and the
chief executive, but his power is limited by
significant checks from the two other co-
equal branches of government, especially
during times of emergency.
LEGISLATIVE BRANCH
 Legislative Power – resides in a Congress divided into two
Houses: the Senate and the House of Representatives. The
24 senators are elected at large by popular vote and can
serve no more than two consecutive six-year term. The
house is composed of district representatives representing
a particular geographic area and makes up around 80% of
the total number of representatives. There are 234
legislative districts in the Philippines that elect their
representatives to serve three-year terms. The 1987
Constitution created a party-list system to provide spaces
for the participation of under-represented community
sectors or groups. Party-list representatives may fill up not
more than 20% of the seats in the House.

JUDICIAL BRANCH
 The Philippine Court System – is vested with
the power of the judiciary, and is composed
of Supreme Court and lower courts as created
by law. The Supreme Court is a 15-member
court appointed by the president without the
need to be confirmed by Congress.
Three Independent Constitutional Commissions established by the
Constitution

 Civil Service Commission – a central agency in

charge of governmental personnel
 Commission on Elections – mandated to

enforce and administer election laws and

regulations
 Commission on Audit – examines all funds,

transactions, and property accounts of the

government and its agencies.
 Office of the Ombudsman – it was created to
further promote the ethical and lawful
conduct of the government. It was created to
investigate the complaints pertaining public
corruption, unlawful behavior of public
officials, and other public misconduct.
 Ombudsman – can charge public officials
before the Sandiganbayan (a special court
created for this purpose)

 House of Representative – can initiate the
impeachment of the president, members of
the Supreme Court, and other constitutionally
protected public officials such as
ombudsman.
 Senate – try the impeachment case, another
safeguard to promote moral and ethical
conduct in the government.

Attempts to Amend or Change the 1987 Constitution

 The 1987 Constitution provided for three

methods by which the Constitution can be
amended, all requiring ratification by a
majority vote in a national referendum. These
methods were Constituent Assembly,
Constitutional Convention, and the People’s
Initiative. Using these modes, there were
efforts to amend or change the 1987
Constitution, starting with the presidency of
Fidel V. Ramos who succeeded Corazon
Aquino.
 First Attempt – in 1995, when Secretary of National
Security Council Jose Almonte drafted a Constitution, but
it was exposed to the media and it never prospered.

 Second Attempt – happened in 1997, when a group

called PIRMA hoped to gather signatures from voters to
change the constitution through a people’s initiative.
Many were against this, including Senator Miriam
Defensor-Santiago, who brought the issue to court and
won – with the Supreme Court judging that a people’s
initiative cannot push through without an enabling law.
 Former President Joseph Ejercito Estrada –
formed a study of commission to investigate
the issue surrounding charter change
focusing on the economic and judiciary
provisions of the constitution. This effort was
also blocked by different entities.
 Former President Gloria Macapagal-Arroyo –
House Speaker Jose de Venecia endorsed
constitutional change through a Constituent
Assembly, which entails a two-thirds vote of
the House to propose amendments or
revision to the Constitution. This initiative
was also not successful since the term of
president arroyo was mired in controversy
and scandal, including the possibility of
Arroyo extending her term as president,
which the Constitution does not allow.
 Former President Benigno Aquino III – has no
marked interest in charter change, except
those emanating from different members of
the congress, including the Speaker of the
House, Feliciano Belmonte Jr., who attempted
to introduce amendments to the Constitution
that concern economic provisions that aim
toward liberalization. This effort did not see
the light of day.

 President Rodrigo Duterte – won the 2016 presidential
elections in a campaign centering on law and order,
proposing to reduce crime by killing tens of thousands
of criminals. He is also a known advocate of federalism,
a compound mode of government combining a central
or federal government with regional governments in a
single political system. This advocacy is in part an
influence of his background, being a local leader in
Mindanao that has been mired in poverty and violence
for decades. On 7 December 2016, President Duterte
signed an executive order creating consultative
committee to review the 1987 Constitution.
