Constitution (2) Pa Major Sigh Haha
Constitution (2) Pa Major Sigh Haha
BSIE 3-1
THE 1935 The 1935 Constitution of the Philippines, Salient features of the 1935 Constitution include LEGISLATIVE DEPARTMENT
CONSTITUTION ratified on May 17, 1935, establishes the the following: a bicameral legislature composed of a SECTION 1. The Legislative power shall be vested in a
(1935-1943) Commonwealth of the Philippines, defining its senate and House of Representatives. The President National Assembly. The Members of the National Assembly
powers, composition and organization as it is to be elected to a four-year term together with shall not exceed one hundred and twenty, shall be chosen
function as the Government of the Philippine the Vice-President without re-election; rights of every three years, and shall be apportioned among the
Islands. It is based on the principle of separation suffrage by male citizens of the Philippines who are several provinces as nearly as may be according to the
of powers among the three branches of twenty-one years of age or over and are able to read number of their respective inhabitants, but each province
government. Executive power is vested in the and write; extension of the right of suffrage to shall have at least one Member. The
President and shall serve for a single-six year women within two years after the adoption of the National Assembly shall by law make an apportionment
term. Legislative power is vested in a unicameral constitution. within three years after the return of every enumeration,
National Assembly, and judicial power is and not otherwise. Until such apportionment shall have
exercised by the Supreme Court. It also provides The draft of the 1935 Constitution, adopted by the been made, the National Assembly shall consist of ninety-
that upon proclamation of Philippine Philippine Constitutional Convention on 8 February eight Members, of whom eighty-seven shall be elected by
Independence, the Commonwealth of the 1935, provides for a unicameral Legislature and a the representative districts as now provided by law; and
Philippines shall be known as the Republic of the single six-year term for the President. The draft was three by theMountainProvince, and one by each of the
Philippines. submitted to US President Franklin D. Roosevelt on other eight existing special provinces. The Members of the
18 March 1935. He, in turn, certified that it National Assembly in the provinces of Sulu, Lanao, and
The 1935 Constitution of the Philippines served conforms with Public Act No. 127 which was passed Cotabato shall be chosen as may be determined by law; in
as the fundamental law of the land from 1935 to by the U.S. Congress on 23 March 1935 and all other provinces they shall be elected by the qualified
1972. It establishes the Commonwealth of the forwarded the same to the Governor General of the voters therein.
Philippines and provides that upon withdrawal of Philippine Islands for ratification of the Filipino
American sovereignty in the country and the people. The constitution was ratified on 14 May EXECUTIVE DEPARTMENT
declaration of Philippine independence, said 1935. SEC. 2. The President shall hold his office during a term of
commonwealth shall be known as the Republic of six years, and together with the Vice-President chosen for
the Philippines. The Constitution enumerates the Features: the same term, shall be elected by direct vote of the
composition, powers and duties of the three a) Established the Commonwealth Government. people. The election returns for President and Vice-
branches of government (the Executive, b) Provided a Democratic and Republican President, duly certified by the board of canvassers of each
Legislative and Judicial) and creates the General government province, shall be transmitted to the National Assembly.
Auditing Office and lays down the framework in c) Inclusion of the Bill of Rights Upon the receipt of such returns the National Assembly
the establishment of the civil service in the shall forthwith, in public session, count the votes, and
country. The Constitution vests the President proclaim the persons elected President and Vice-President.
with the veto power on legislative bills and The persons respectively having the highest number of
emergency powers in times of war and other votes for President and Vice-President shall be declared
national emergencies. Also, the Constitution elected, but in case two or more shall have an equal and
adopts the Regalian Doctrine or the Principle of the highest number of votes for either office, the National
State ownership for all its natural wealth and Assembly shall, by a majority vote of all its Members, elect
provides for the proper utilization of such wealth one of said persons as President or Vice-President.
by its citizens.
JUDICIAL DEPARTMENT
NOTES : The 1935 Constitution was amended in
1940 and in 1947. This version incorporates all SECTION 1. The Judicial power shall be vested in one
the amendments. Supreme Court and in such inferior courts as may be
established by law.
On 11 April 1940, the [Philippine] Second SECTION 2. The National Assembly shall have the power to
National Assembly adopted Resolution No. 73 define, prescribe, and apportion the jurisdiction of the
proposing amendments to the Constitution. The various courts, but may not deprive the Supreme Court of
amendments provide for the creation of a its original jurisdiction over cases affecting ambassadors,
bicameral Congress and the establishment of a other public ministers, and consuls, nor of its jurisdiction to
Commission on Elections. It also limits the term review, revise, reverse, modify, or affirm on appeal,
of office of the President to four years, but may certiorari, or writ of error, as the law or the rules of court
continue to serve as such for a maximum of eight may provide, final judgments and decrees of inferior courts
years. in-
On 11 March 1947, a plebiscite was held for the (1) All cases in which the constitutionality or validity of any
purpose of ratifying the proposed amendment treaty, law, ordinance, or executive order or regulation is in
granting US Citizens the right to the disposition, question.
exploitation, development and utilization of
Philippine natural resources (Ordinance (2) All cases involving the legality of any tax, impost,
Appended to the Constitution). The amendment assessment, or toll, or any penalty imposed in relation
passed. thereto.
THE 1943 Jos P. Laurel, President of the Second The 1943 Constitution of the Republic of the The executive power is vested in the President, who is to
CONSTITUTION Philippine Republic, addresses the National Philippines, or the Constitution of the Second be elected by the members of the National Assembly from
(1943-1945) Assembly at what is now the Old Legislative Philippine Republic, was ratified by the general among themselves. The President is the head of
Building to approve the 1943 Constitution. assembly of the KALIBAPI. It is based on the system government, and commander-in-chief of the Armed Forces.
of separation of powers among the executive, The powers of the President are: to veto any bill of the
The 1943 Constitution was drafted by a legislative, and the judiciary. It served as a Assembly, to promulgate regulations when the Assembly is
committee appointed by the Philippine Executive temporary constitution, for it stipulated that one not in session and in times of war or national emergency, to
Commission, the body established by the year after the end of the World War II, it shall be declare martial law, to suspend the privilege of the writ of
Japanese to administer the Philippines in lieu of replaced by a new constitution. habeas corpus, and to appoint the members of the Council
the Commonwealth of the Philippines which had of State and officials of the local government.
established a government-in-exile. The 1943 Constitution provided strong executive
powers. The Legislature consisted of a unicameral Executive
In mid-1942 Japanese Premier Hideki Tj had National Assembly and only those considered to be Section 1. The Executive power shall be vested in the
promised the Filipinos "the honor of anti-US could stand for election, although in practice President of the Republic of the Philippines.
independence" which meant that the commission most legislators were appointed rather than elected A limited legislative power is exercised by the unicameral
would be supplanted by a formal republic. until 1960s. National Assembly whose members, like the President, are
not directly elected by the people. Rather, the Assembly is
The Preparatory Committee for Philippine THE 1943 CONSTITUTION (During the Japanese to be composed of representatives from each province
Independence tasked with drafting a new Occupation) elected in Kalibapi conventions throughout the country
constitution was composed in large part, of with appointed governors and mayors as ex-officio
members of the prewar National Assembly and of The 1943 Constitution of the Republic of the members.
individuals with experience as delegates to the Philippines, composed of a preamble and twelve
convention that had drafted the 1935 articles, creates a Republican state with a powerful Legislature
Constitution. Their draft for the republic to be executive branch and subordinate legislative and Section 1. The Legislative power shall be vested in the
established under the Japanese Occupation, judicial branches. National Assembly.
however, would be limited in duration, provide
for indirect, instead of direct, legislative elections, Section 2. The National Assembly shall be composed of the
and an even stronger executive branch. provincial governors and city mayors as members ex-officio,
The 1943 Constitution was the constitution of the and of delegates to be elected every three years, one from
Upon approval of the draft by the Committee, Japanese-sponsored Second Republic of the each and every province and chartered city. The date and
the new charter was ratified in 1943 by an Philippines (1943-1945). It was recognized as manner of their election and the method of filling vacancies
assembly of appointed, provincial representatives legitimate and binding only in Japanese-controlled shall be prescribed by law, which shall not be subject to
of the Kalibapi, the organization established by areas of the Philippines but was ignored by the change or modification during the Greater East Asia War.
the Japanese to supplant all previous political United States government and the Philippine
parties. Upon ratification by the Kalibapi Commonwealth government in-exile. The judicial power is exercised by the Supreme Court
assembly, the Second Republic was formally whose justices, together with judges of lower courts, are to
proclaimed (19431945). Jos P. Laurel was In June 1943, the Preparatory Commission for be appointed by the President. The 1943 Constitution
appointed as President by the National Assembly Philippine Independence (PCPI), composed of 20 enumerates the duties and rights of the citizens, requires
and inaugurated into office in October 1943. delegates, was created to draft a new constitution the government to develop Tagalog as the national
Laurel was highly regarded by the Japanese for by the Kalibapi [Kapisanan sa Paglilingkod sa Bagong language, and stipulates that one year after the termination
having openly criticised the US for the way they Pilipinas], the only political organization allowed at of the Great East Asia War or the World War II; a new
ran the Philippines, and because he had a degree that time. constitution shall be formulated and adopted to replace
from Tokyo International University. this Constitution.
The Japanese monitored the drafting of the
The 1943 Constitution remained in force in constitution and instructed the members of PCPI, Judiciary
Japanese-controlled areas of the Philippines, but led by Jose P. Laurel, that the constitution should
was never recognized as legitimate or binding by conform with the principles of the Greater East Asia Section 1. The Judicial Power shall be vested in the
the governments of the United States or of the Co-Prosperity Sphere. In September 1943, the draft Supreme Court and such inferior courts as may be
Commonwealth of the Philippines and guerrilla constitution was unanimously approved by all established by law.
organizations loyal to them. In late 1944, members of the PCPI and was submitted for
President Laurel declared a state of war existed ratification in a popular convention of the Kalibapi in Section 2. The National Assembly shall have the power to
with the United States and the British Empire and Manila. define, prescribe, and apportion the jurisdiction of the
proclaimed martial law, essentially ruling by various courts, but may not deprive the Supreme Court of
decree. His government in turn went into exile in its original Jurisdiction over cases affecting ambassadors,
December 1944, first to Taiwan and then Japan. diplomatic ministers and consuls, nor of its jurisdiction to
After the announcement of Japan's surrender, review, revise, reverse, modify, or affirm on appeal,
Laurel formally dissolved the Second Republic. certiorari, or writ of error, as the law or the rules of court
may provide, final judgments and decrees of inferior courts
Until the 1960s, the Second Republic and its in all cases in which the constitutionality of any law,
officers, were not viewed as a legitimate ordinance, or executive order or regulation is in question,
Philippine government or as having any standing, or in which the jurisdiction of any court is in issue or where
with the exception of the Supreme Court, whose only errors or questions of law are involved.
decisions, limited to reviews of criminal and
commercial cases as part of a policy of discretion
by Chief Justice Jos Yulo continued to be part of
the official records.
THE 1973 The 1973 Constitution of the Republic of the 1973 Constitution of the Philippines The
CONSTITUTION Philippines, (In Filipino: Ang Saligang Batas ng Constitution of the Philippines ( Saligang Batas ng The President and Vice-President
(1973-1986) Pilipinas), ratified by the Citizens Assemblies on Pilipinas in Filipino) is the supreme law of the Section 1. The President shall be the head of state and chief
January 17, 1973, provides for a shift from a Philippines. executive of the Republic of the Philippines.
presidential form of government to a
parliamentary system. The President serves as a The 1973 Constitution , composed of a preamble The judicial power is vested in the Supreme Court,
symbolic head of State, executive power is and 17 articles, provides for the shift from composed of a Chief Justice and 14 Justices. The National
exercised by the Prime Minister with the presidential to parliamentary system of government. Assembly exercises the power to define, prescribe and
assistance of the Cabinet, and legislative power is apportion the jurisdiction of the lower courts. All justices of
vested in a unicameral National Assembly. In the Supreme Court and judges of the lower courts are
1976, the National Assembly was replaced by the appointed by the Prime Minister.
Batasang Pambansa, by virtue of PD 1033 issued This Constitution retains the independence of the Judiciary
by President Ferdinand Marcos. Commission on Elections and establishes two Section 1. The Judicial power shall be vested in one
independent Constitution al bodies [Civil Service Supreme Court and in such inferior courts as may be
On March 16, 1967, the Philippine Congress Commission and the Commission on Audit] as well established by law. The Batasang Pambansa shall have the
passed Resolution No. 2 calling for a as the National Economic Development Authority power to define, prescribe and apportion the jurisdiction of
Constitutional Convention to change the [NEDA]. the various courts, but may not deprive the Supreme Court
Constitution. Election of the delegates to the of its jurisdiction over cases enumerated in Section five
Convention were held on November 20, 1970 On 24 August 1970, Congress enacted RA No. thereof.
pursuant to Republic Act No. 6132, otherwise 6132, otherwise known as the Constitution al
known as the 1970 Constitutional Convention Convention Act, for the purpose of convening a The Constitution vests the legislative power in the
Act. Constitution al Convention. The 320 delegates met National Assembly. A Prime Minister is elected from among
from June 1971 until 30 November 1972, when they the members of the National Assembly and serves as the
The Constitutional Convention formally began approved the draft of the new Charter. head of government and commander-in-chief of the
on June 1, 1971. Former President Carlos P. Philippine Armed Forces. A President is elected from among
Garcia, a delegate from Bohol, was elected While in the process of drafting a new Constitution the members of the National Assembly and serves as the
President. Unfortunately he died on June 14, , President Ferdinand Marcos declared Martial Law symbolic head of state with a six-year term.
1971 and was succeeded by another former on 21 September 1972. The draft Constitution was
President, Diosdado Macapagal of Pampanga. submitted to the Citizen's Assemblies from January National Assembly
Before the Convention could finish its work, 10 to 17, 1973 for ratification. Section 1. The Legislative power shall be vested in a
martial law was proclaimed. Several delegates National Assembly.
were placed under detention and others went On 17 January 1973 , President Marcos issued
into hiding or voluntary exile. The martial law Proclamation No. 1102, announcing the ratification Section 2. The National Assembly shall be composed of as
declaration affected the final outcome of the of the Constitution of the Republic of the many Members as may be provided by law to be appointed
convention. In fact, it was said, that the President Philippines. The above constitution was amended in among the provinces, representative districts, and cities in
dictated some provisions of the Constitution. On 1976, 1980 and in 1981. There were minor accordance with the number of their respective inhabitants
November 29, 1972, the Convention approved its amendments done in 1984. and on the basis of a uniform and progressive ratio. Each
Proposed Constitution of the Philippines. district shall comprise, as far as practicable, contiguous,
Features: compact, and adjacent territory. Representative districts or
On November 30, 1972, President Marcos a) Establishment of a modified parliamentary provinces already created or existing at the time of the
issued Presidential Decree No.73 setting the date government. ratification of this Constitution shall have at least one
of the plebiscite to be held on January 15, 1973 b) Suspension of the Bill of Rights. Member each.
for the ratification or rejection of the proposed c) Has given greater power to the Executive
Constitution. However, on January 7, 1973, the Department.
President issued General Order No. 20
postponing indefinitely the scheduled plebiscite.
From January 10 to 15, 1973, the Citizen
Assemblies voted for (a) ratification of the 1973
Constitution; (b) the suspension of the convening
of the Interim National Assembly; (c) the
continuation of martial law; and (d) moratorium
on elections for a period of at least seven years.
On January 17, 1973 the President issued
Proclamation No. 1102 announcing that the
proposed Constitution has been ratified by an
overwhelming vote of the members of the Citizen
Assemblies through Presidential Decree No. 86.
THE 1987 Ruling by decree during the early part of her Significant features of the 1987 Constitution The Executive
CONSTITUTION tenure and as a president installed via the People Constitution establishes the Philippines as a Section 1. The executive power shall be vested in the
(1987-PRESENT) Power Revolution, President Corazon C. Aquino "democratic and republican State", where President of the Philippines.
issued Proclamation No. 3 on March 25, 1986 "sovereignty resides in the people and all
which abrogated many of the provisions of the government authority emanates from them".
then 1973 Constitution adopted during the (Section 1, Article II) Consistent with the doctrine of Judiciary
Marcos regime including the unicameral separation of powers, the powers of the national Section 1. The judicial power shall be vested in one
legislature (the Batasang Pambansa), the office of government are exercised in main by three branches Supreme Court and in such lower courts as may be
Prime Minister, and provisions which gave the the executive branch headed by the President, the established by law. Judicial power includes the duty of the
President legislative powers. Often called the legislative branch composed of Congress and the courts of justice to settle actual controversies involving
"Freedom Constitution," this constitution was judicial branch with the Supreme Court occupying rights which are legally demandable and enforceable, and
only intended as a temporary constitution to the highest tier of the judiciary. Section 1. Article 2. to determine whether or not there has been a grave abuse
ensure the freedom of the people and the return of discretion amounting to lack or excess of jurisdiction on
to democratic rule. A constitutional assembly was The Philippines is a democratic and republican State. the part of any branch or instrumentality of the
soon called to draft a new constitution for the Sovereignty resides in the people and all Government.
country. government authority emanates from them.
Legislative
The Constitutional Commission was composed Features: Section 1. The legislative power shall be vested in the
of fifty members appointed by Aquino from a) Reinstitution of a Democratic Government. Congress of the Philippines which shall consist of a Senate
varied backgrounds including several former b) Separation of Church and State. and a House of Representatives, except to the extent
members of the House of Representatives, c) Sovereignty of the people. reserved to the people by the provision on initiative and
former justices of the Supreme Court, a Roman d) Renunciation of war as a national policy. referendum.
Catholic bishop, and political activists against the e) Supremacy of Civilian authority over the military.
Marcos regime. f) Separation of Powers
The Commission elected Cecilia Muoz-Palma, The Constitution contains a preamble and eighteen
a former Associate Justice of the Supreme Court, self-contained articles with a section numbering that
as its president. Several issues were of particular resets for every article. The Constitution also
contention during the Commission's sessions, contains several other provisions enumerating
including the form of government to adopt, the various state policies including, i.e., the affirmation
abolition of the death penalty, the retention of of labor "as a primary social economic force"
the U.S. bases in Clark and Subic, and the (Section 14, Article II); the equal protection of "the
integration of economic policies into the life of the mother and the life of the unborn from
constitution. conception" (Section 12, Article II); the "Filipino
family as the foundation of the nation" (Article XV,
Lino Brocka, a film director and political activist Section 1); the recognition of Filipino as "the
who was member of the Commission, walked out national language of the Philippines" (Section 6,
before the constitution's completion, and two Article XVI), and even a requirement that "all
other delegates dissented from the final draft. educational institutions shall undertake regular
The Commission finished the final draft on sports activities throughout the country in
October 12, 1986 and presented it to Aquino on cooperation with athletic clubs and other sectors."
October 15. The constitution was ratified by a (Section 19.1, Article XIV) Whether these provisions
nationwide plebiscite on February 2, 1987. may, by themselves, be the source of enforceable
rights without accompanying legislation has been
the subject of considerable debate in the legal
sphere and within the Supreme Court. The Court, for
example, has ruled that a provision requiring that
the State "guarantee equal access to opportunities
to public service" could not be enforced without
accompanying legislation, and thus could not bar the
disallowance of so-called "nuisance candidates" in
presidential elections. But in another case, the Court
held that a provision requiring that the State
"protect and advance the right of the people to a
balanced and healthful ecology" did not require
implementing legislation to become the source of
operative rights.
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