Learning Objectives:  was promulgated by the Philippine Upon the defeat of the Spanish

 To analyze social, political, economic, Revolutionary Government on 1 to the Americans in the Battle of Manila
and cultural issues in the Philippines November 1897 Bay, the United States Navy transported
using the lens of history.  borrowed from Cuba Aguinaldo bank to the Philippines. The
 To recognize that the problems of
 was written by Isabelo Artacho and newly reformed Philippine revolutionary
today are consequences of decisions
and events that happened in the past. Félix Ferrer in Spanish, and later forces reverted to the control of
To understand several enduring issues on, translated into Tagalog. Aguinaldo, and the Philippine
in Philippine society through history. Declaration of Independence was issued
 To propose recommendations or The organs of the Government under the on 12 June 1898, together with several
solutions to present-day problems Constitution are: decrees that formed the First Philippine
based on the understanding of the past (1) Supreme Council Republic.
and anticipation of the future through which is vested with the power
the study of history.
of the Republic, headed by the The Malolos Congress was elected,
 president and which selected a commission to draw up
This chapter is dedicated to enduring
 four department secretaries; a draft constitution on 17 September
issues in Philippine society, which
1. interior 1898, which was composed of
history could lend a hand in
2. foreign affairs  wealthy & educated men.
understanding, and hopefully, proposing
3. treasury
solutions. These topics include the
4. war The Political Constitution of 1899
mandated discussion on the Philippine
 document they came up with
constitution, policies on agrarian reform,
(2) Supreme Council of Grace and  approved by the Congress on 29
and taxation.
Justice November 1898
It is hoped that these discussions will
(Consejo Supremo de Gracia Y Justicia)  promulgated by Aguinaldo on 21
help us propose recommendations or
which is given the authority to January 1899,
solutions to present-day problems based
 make decisions  written in Spanish.
on our understanding of root causes and
 affirm or disprove the  has
how we anticipate future scenarios in the
sentences rendered by other o 39 articles divided into 14 titles
Philippine setting.
courts o 8 articles of transitory provisions
 to dictate rules for the o a final additional article
Evolution of the Philippine
administration of justice  was patterned after the Spanish
Constitution
(3) Assembly of Representatives Constitution of 1812, with
(Asamblea de Representantes) influences from the charters of
Constitution o Belgium, Mexico, Brazil,
which was to be convened after
 a set of fundamental principles or Nicaragua, Costa Rica, and
the revolution
established precedents according to Guatemala, and the French
 to create a new Constitution
which a state or other organization Constitution of 1793.
 to elect a new Council of
is governed
Government and Felipe Calderon (main author)
 thus, the word itself, constitution,
Representatives of the people. these countries were studied
means to be a part of a whole, the
coming together of distinct entities because they shared similar conditions
The Constitution of Biak-na-Bato was with the Philippines
into one group, with the same
never fully implemented, since a truce,  social,
principles and ideals.
the Pact of Biak-na-Bato, was signed  political,
 These principles define the nature
between the Spanish and the Philippine  ethnological,
and extent of government.
Revolutionary Army.  governance
The Constitution of the Philippines  Prior constitutional projects in the
Primary Source:
 the supreme law of the Republic of Philippines also influenced the
Preamble of the Biak-na-Bato Constitution
the Philippines, has been in effect Malolos Constitution, namely,
since 1987. The separation of the Philippines from the o Kartilya
 There are only three other Spanish monarchy and their formation into an o Sanggunian Hukuman
constitutions that have effectively independent state with its own government o Charter of laws and morals of the
governed the country: called the Philippine Republic has been the end Katipunan written by Emilio
sought by the Revolution in the existing war, Jacinto in 1896
1. 1935 Commonwealth
begun on the 24th of August, 1896; and, o Biak-na-Bato Constitution of 1897
Constitution
therefore, in its name and by the power planned by Isabelo Artacho
2. 1973 Constitution delegated by the Filipino people, interpreting o Mabini's Constitutional Program of
3. 1986 Freedom Constitution faithfully their desires and ambitions, we the the Philippine Republic of 1898
representatives the Revolution, in a meeting at o Provisional constitution of Mariano
However, there were earlier Biak-na-bato. November 1, 1897 unanimously Ponce in 1898 that followed the
constitutions attempted by Filipinos in adopted the following articles for the Spanish constitutions
the struggle to break free from the constitution of the State. o Autonomy projects of Paterno in
colonial yoke. 1898.
1899: Malolos Constitution
Primary Source:
1897: Constitution of Biak-na-Bato
After the signing of the truce, the Preamble of the Political Constitution of
Filipino revolutionary leaders accepted 1899
Constitution of Biak-na-Bato We, the Representatives of the Filipino
payment from Spain and went to exile in
 was the provisionary Constitution People. lawfully convened, in order to
Hong Kong.
of the Philippine Republic during establish justice, provide for common
the Philippine Revolution defense, promote the general welfare and
1 May 1898 insure the benefits of liberty, imploring the
aid of the Sovereign Legislator of the
Universe for the attainment of these ends,
have voted, decreed, and sanctioned the
following political constitution
  elected by a constituent assembly the removal of the Philippine
As a direct challenge to colonial of the Assembly of Commission, replacing it with
authorities of the Spanish empire, the Representatives and special a Senate that served as the
sovereignty was retroverted to the representatives. upper house and its members
people, a legal principle underlying the  The president will serve a term of elected by the Filipino voters,
Philippine Revolution. The people four years without re-election. the first truly elected national
delegate governmental functions to civil  There was no vice president, and legislature.
servants while they retain actual in case of a vacancy, a president  It was also this Act that
sovereignty. was to be selected by the explicitly declared the purpose
constituent assembly. of the United States to end their
Direct reactions to features of the sovereignty over the
Spanish government in the Philippines, The 1899 Malolos Constitution was Philippines and recognize
where the friars were dominant agents of never enforced due to the ongoing war. Philippine independence as
the state. The Philippines was effectively a soon as a stable government
territory of the United States upon the can be established.
1. Title IV (27 articles) - detail the signing of the Treaty of Paris between
natural rights and popular Spain and the United States, transferring In 1932, Hare-Hawes-Cutting Act
sovereignty of Filipinos, the sovereignty of the Philippines on 10  with the efforts of the Filipino
enumeration of which does not December 1898. independence mission led by Sergio
imply the prohibition of any other Osmeña and Manuel Roxas, the
rights not expressly stated. 1935: The Commonwealth United States Congress passed the
Constitution act with the promise of granting
2. Title III (Article V) - also declares Filipinos independence.
that the State recognizes the  The bill was opposed by then Senate
It is worth mentioning that after the
freedom and equality of all beliefs, President Manuel L. Quezon and
Treaty of Paris, the Philippines was
as well as the separation of Church consequently, rejected by the
subject to the power of the United States
and State. Philippine Senate.
of America, effectively the new
colonizers of the country.
According to Title II (Article 4) - The By 1934, Tydings-McDuffie Act
form of government is to be popular, (Philippine Independence Act)
From 1898 to 1901,
representative, alternative, and  another law, was passed by the
Philippines would be placed
responsible, and shall exercise three United States Congress that
under a military government until a civil
distinct powers: legislative, executive, provided authority and defined
government would be put into place.
and judicial. mechanisms for the establishment of
Two acts of the United States Congress a formal constitution by a
Assembly of Representatives constitutional convention.
were passed that may be considered to
 The legislative power was vested  The members of the convention
have qualities of constitutionality.
in this unicameral body were elected and held their first
 Members of which are elected for meeting on 30 July 1934, with Claro
 Philippine Organic Act of 1902
terms of four years M. Recto unanimously elected as
 the first organic law for the
 Secretaries of the government were president.
Philippine Islands that
given seats in the assembly, which
provided for the creation of a
meet annually for a period of at The constitution was crafted to meet the
popularly elected Philippine
least three months. approval of the United States
Assembly.
 Bills could be introduced either by government, and to ensure that the
 The act specified that
the president or by a member of
legislative power would be
the assembly. Primary Source:
vested in a bicameral
 Some powers not legislative in Preamble of the 1936 Commonwealth
legislature composed of the
nature were also given to the body,
Philippine Commission as the
such as The Filipino people, imploring the aid of
upper house and the Divine Providence, in order to establish a
 right to select its own
Philippine Assembly as lower government that shall embody their ideals,
officers,
house. conserve and develop the patrimony of the
 right of censure and
 Key provisions of the act nation, promote the general welfare, and
interpellation secure to themselves and their posterity the
included a bill of rights for
 right of impeaching the blessings of independence under a regime of
Filipinos and the appointment
president, cabinet justice, liberty, and democracy, do ordain and
of two non-voting Filipino
members, the chief justice promulgate this constitution.
Resident Commissioners of
of the Supreme Court, and
the Philippines as
the solicitor-general. United States would live up to its
representative to the United
States House of Promise to grant independence to the
A permanent commission of seven, Philippines.
Representatives.
elected by the assembly, and granted Commonwealth of the Philippines
specific powers by the constitution, was  It was created by the constitution
 Philippine Autonomy Act of 1916
to sit during the intervals between  an administrative body that
(Jones Law)
sessions of the assembly. governed the Philippines from 1935
 The second act that functioned
as a constitution to 1946.
President
 modified the structure of the
 Executive power was vested in the
Philippine government through
president,
 It is a transitional administration to In 1967  was also to be elected from the
prepare the country toward its full Philippine Congress passed a National Assembly
achievement of independence. resolution calling for a  head of government and
 It originally provided for a constitutional convention to Commander-in-Chief of the
unicameral National Assembly with change the 1935 Constitution. Armed Forces
a president and vice president
elected to a six. year term without In 1969 November 30, 1973
re-election.  Marcos won the re-election, in a  President Marcos issued
bid boosted by campaign Presidential Decree No. 73 setting
It was amended in 1940 to have a overspending and use of the date of the plebiscite to ratify
bicameral Congress composed of a government funds. or reject the proposed constitution
Senate and a House of November 20, 1970 on 30 November 1973.
Representatives, as well as the  Elections of the delegates to the  This plebiscite was postponed
creation of an independent electoral constitutional convention and the later on since Marcos feared that
commission, and limited the term of convention began formally on 1 the public might vote to reject the
office of the president and vice June 1971, with former President constitution.
president to four years, with one re- Carlos P. Garcia being elected as  Instead of a plebiscite, Citizen
election. convention president. Assemblies were held, from 10-
 Unfortunately, he died, and was 15 January 1973, where the
Rights to suffrage succeeded by another former citizens coming together and
 were originally afforded to male president, Diosdado Macapagal. voting by hand, decided on
citizens of the Philippines who are whether
twenty-one years of age or over and Martial law was declared  to ratify the constitution
are able to read and write  Before the convention finished its  suspend the convening
 this was later on extended to women work, martial law was declared. of the Interim National
within two years after the adoption  Marcos cited a growing Assembly
of the constitution. communist insurgency as reason  continue Martial Law
for the martial law, which was  place a moratorium on
While the dominant influence in the provided for in the 1935 elections for a period of
constitution was American, it also bears Constitution. at least several years.
traces of the  Some delegates of the ongoing
 Malolos Constitution constitutional convention were January 17, 1973
 German, Spanish, and Mexican  placed behind bars  The President issued a
constitutions  others went into hiding proclamation announcing that the
 constitutions of several South or voluntary exile. proposed constitution had been
American countries,  With Marcos as dictator, the ratified by an overwhelming vote
 unwritten English Constitution. direction of the convention of the members of the highly
turned, with accounts that the irregular Citizen Assemblies.
February 8, 1935 president himself  The constitution was amended
 The draft of the constitution was  dictated some several times.
approved by the constitutional provisions of the
convention constitution In 1976
 manipulating the  Citizen Assemblies, once again,
March 25, 1935 document to be able to overwhelming decided to allow
 ratified by then U.S. President hold on to power for as the continuation of martial law, as
Franklin B. Roosevelt long as he can. well as approved the
amendments:
September 1935 November 29, 1972  an Interim Batasang
 Elections were held and Manuel  the convention approved its Pambansa to substitute for
L. Quezon was elected President proposed constitution. the Interim National
of the Commonwealth.  The constitution was supposed to Assembly
 The Commonwealth was briefly introduce a parliamentary-style  the president to also
interrupted by the events of the government, where legislative become the Prime Minister
World War II, with the Japanese power was vested in a unicameral and continue to exercise
occupying the Philippines. National Assembly, with legislative powers until
members being elected to a six- martial law is lifted and
July 4, 1946 year term. authorized the President to
Afterward, upon liberation, the  The president was to be elected as legislate on his own on an
Philippines was declared an the symbolic and ceremonial head emergency basis.
independent republic of state chosen from the members  An overwhelming majority
of the National Assembly. will ratify further
1973: Constitutional  The president would serve a six- amendments succeedingly.
Authoritarianism year term and could be re-elected
to an unlimited number of terms. In 1980
In 1965  the retirement age of members of
 Ferdinand E. Marcos was elected Prime Minister the judiciary was extended to 70
president  Executive power was relegated to years.
him
In 1981
  the parliamentary system was support Marcos and his martial law,  The Executive branch is headed by
formally modified to a French- the Marcos family fled into exile. whom he appoints
style  His opponent in the snap elections,  president
 semi-presidential system where Benigno Aquino Jr.'s widow.  his cabinet
executive power was restored to Corazon Aquino, was installed as The president is the head of the
the president, who was, once president on 25 February 1986. state and the chief executive, BUT
again, to be directly elected, his power is limited by significant
 an Executive Committee was to be 1987: Constitution After Martial checks from the two other co-equal
created, composed of the Law branches of government, especially
 Prime Minister and during times of emergency.
fourteen others, that President Corazon Aquino's government
served as the president's had three options regarding the This is put in place to safeguard
Cabinet constitution: the country from the experience of
 some electoral reforms 1. revert to the 1935 Constitution martial law despotism during the
were instituted. 2. retain the 1973 Constitution and be presidency of Marcos.
In 1984 granted the power to make reforms  In cases of national emergency,
 the Executive Committee was 3. start a new and break from the the president may still declare
abolished and the position of the "vestiges of a disgraced martial law, but not longer than a
vice president was restored. dictatorship." period of sixty days.
 Congress, through a majority
After all the amendments introduced, the They decided to make a new constitution vote, can revoke this decision, or
1973 Constitution was merely a way for that, according to the president herself, extend it for a period that they
the President should be "truly reflective of the determine.
 to keep executive powers aspirations and ideals of the Filipino  The Supreme Court may also
 abolish the Senate, people." review the declaration of martial
 by no means, never acted as a law and decide if there were
parliamentary system, but March 1986 sufficient justifying facts for the
instead, functioned as an  President Aquino proclaimed a act.
authoritarian presidential transitional constitution to last for  The president and the vice
system, with all the real power a year while a Constitutional president are elected at large by a
concentrated in the hands of Commission drafted a permanent direct vote, serving a single six-
the president, with the backing constitution. year term.
of the constitution.  This transitional constitution,
called the Freedom Constitution, The legislative power resides in a
The situation in the 1980s has been very maintained many provisions of the Congress divided into two Houses:
turbulent. As Marcos amassed power, old one, including in rewritten 1. Senate
discontent has also been burgeoning. form the presidential right to rule  The 24 senators are elected
 The tide turned swiftly when in by decree. at large by popular vote,
August 1983, Benigno Aquino Jr., and can serve no more than
opposition leader and regarded as In 1986 two consecutives six-year
the most credible alternative to  a constitutional convention was terms.
President Marcos, was assassinated created, composed of 48 members 2. House of Representatives
while under military escort appointed by President Aquino  The House is composed of
immediately after his return from from varied backgrounds and district representatives
exile in the United States. representations. representing a particular
 There was widespread suspicion  The convention drew up a geographic area and makes
that the orders to assassinate Aquino permanent constitution, largely up around 80% of the total
came from the top levels of the restoring the setup abolished by number of representatives.
government and the military. Marcos in 1972, but with new  There are 234 legislative
 This event caused the coming ways to keep the president in districts in the Philippines
together of the non-violent check, a reaction to the experience that their representatives to
opposition to the Marcos of Marcos's rule. serve three-year terms.
authoritarian regime.  The 1987 Constitution
 Marcos was then forced to hold New Constitution created a party-list system
"snap" elections a year early, and  was officially adopted on 2 to provide spaces for the
said elections were marred by February 1987 participation of under.
widespread fraud.  begins with a preamble and represented community
 Marcos declared himself winner, eighteen self-contained. articles. sectors or groups. Party-list
despite international condemnation  It established the Philippines as a representatives may fill up
and nationwide protests. "democratic republican State" not more than 20% of the
 A small group of military rebels where "sovereignty resides in the seats in the House.
attempted to stage a coup, but people and all government
failed; however, this triggered what authority emanates from them." Congress
came to be known as the EDSA  It allocates governmental powers  Aside from the exclusive power of
People Power Revolution of 1896, among the executive, legislative, legislation, Congress may also
as people from all walks of life and judicial branches of the declare war, through a two-thirds
spilled onto the streets. government. vote in both upper and lower
 Under pressure from the United houses.
States of America, who used to
  The power of legislation, however, Sandiganbayan - a special court  All legislative districts
is also subject to an executive created for this purpose. must be represented by at
check, as the president retains the least 12% of the registered
power to veto or stop a bill from  House of Representatives – they votes therein.
becoming a law. are the only one can initiate the  No amendment is allowed
 Congress may only override this impeachment of the more than once every five
power with a two-thirds vote in  president, years since a successful
both houses.  members of the Supreme PI.
Court  The 1987 Constitution
The Philippine Court system is vested  other constitutionally directs the Congress to
with the power of the judiciary, and is protected public officials enact a law to implement
composed of a Supreme Court and lower such as the Ombudsman provisions of the PI,
courts as created by law. which has not yet
 The Supreme Court is a 15-  The Senate will then try the materialized.
member court appointed by the impeachment case.  Amendments or revision
president without the need to be  This is another safeguard to to the constitution shall be
confirmed by Congress. promote moral and ethical conduct valid only when ratified
 The appointment the president in the government. by a majority of the votes
makes, however, is limited to a list cast in a national
of nominees provided by a referendum.
constitutionally specified Judicial Changing the Constitution is a
and Bar Council. perennial issue that crops up, and terms
 The Supreme Court Justices may such as "Cha-Cha," "Con-Ass," and
hear, on appeal, any cases dealing "Con-Con" are regularly thrown around
with the constitutionality of any Attempts to Amend or Change the
law, treaty, or decree of the Article XVII of the 1987 Constitution 1987 Constitution
government, cases where questions provides for three ways by which the
of jurisdiction or judicial error are Constitution can be changed. The 1987 Constitution provided for three
concerned, or cases where the 1. Congress (House of Representatives methods by which the Constitution can
penalty is sufficiently grave. and the Senate) may convene 18 a be amended, all requiring ratification by
 It may also exercise original Constituent Assembly (Con-Ass) to a majority vote in a national referendum.
jurisdiction over cases involving propose amendments to the These methods were
government or international Constitution. 1. Constituent Assembly
officials.  It is not clear, however, if 2. Constitutional Convention
 The Supreme Court is also in Congress is to vote as a 3. People's Initiative.
charge of overseeing the single body or separately.
functioning and administration of  How the Congress Using these modes, there were efforts to
the lower courts and their convenes as a Con-Ass is amend or change the 1987 Constitution,
personnel. also not provided for in starting with the presidency of Fidel V.
the Constitution. Ramos who succeeded Corazon Aquino.
The Constitution also established three 2. Constitutional Convention (Con- 1. The first attempt was in 1995
independent Constitutional Commissions Con)  when then Secretary of
namely  where Congress, upon a National Security Council
1. Civil Service Commission vote of two-thirds of all its Jose Almonte drafted a
 a central agency in charge of members, calls for constitution, but it was
government personnel constitutional convention. exposed to the media and it
2. Commission on Elections  They may also submit to never prospered.
 mandated to enforce and the electorate the question 2. The second effort happened in
administer all election laws and of calling a convention 1997
regulations through a majority vote of  when a group called PIRMA
3. Commission on Audit all its members. hoped to gather signatures
 which examines all funds,  In a Con-Con, delegates from voters to change the
transactions, and property accounts will propose amendments constitution through a
of the government and its agencies. or revisions to the people's initiative.
constitution, not  Many were against this,
Office of the Ombudsman Congress. including then Senator
 it was created to further promote  The 1987 Constitution Miriam Defensor-Santiago,
the ethical and lawful conduct of does not provide for a who brought the issue to
the government method by which court and won with the
 it was created to investigate delegates to the Con-Con Supreme Court judging that
complaints that pertain to are chosen. a people's initiative cannot
 public corruption 3. "People's Initiative" (PI) push through without an
 unlawful behavior of  In this method, enabling law.
public officials amendments to the 3. The succeeding president, Joseph
 other public misconduct Constitution may be Ejercito Estrada
 The Ombudsman can charge proposed by the people  formed a study commission
public officials before the upon petition of at least to investigate the issue
Sandiganbayan 12% of the total number surrounding charter change
of registered voters.
 focusing on the economic executive order creating a portion to the national
and judiciary provisions of consultative committee to government.
the constitution. review the 1987  They can choose to directly fund
 This effort was also blocked Constitution. their own development projects
by different entities, After without asking for the national
President Estrada was Federalism in the Philippines was government's go signal.
replaced by another People supported by President Duterte in the  A federal system could also
Power and succeeded by his 2016 presidential elections, saying that it promote specialization, since the
Vice President will evenly distribute wealth in the national government could focus
4. Gloria Macapagal Arroyo, then Philippines instead of concentrating it in on nationwide concerns while
House Speaker Jose de Venecia Manila, the capital of the country. regional governments can take
 endorsed constitutional  As a form of government, a central care of administrative issues.
change through a governing authority and  A federal form of government
Constituent Assembly, which constituent political units could also solve a lot of decade-
entails a two-thirds vote of constitutionally share sovereignty. old problems of the country.
the House to propose  Applied to the Philippines, the  It may be a solution to the
amendments or revision to country will be broken into conflict in Mindanao, since a
the Constitution. autonomous regions. separate Bangsamoro region
 This initiative was also not  Each region will be further divided could be established for Muslim
successful since the term of into local government units. Mindanao.
President Arroyo was mired  The regions will have the primary  It could address the inequality in
in controversy and scandal, responsibility of wealth distribution and lessen the
including the possibility of  industry development dependence to Metro Manila,
Arroyo extending her term  public safety and instruction since regions can proceed with
as president, which the  education, what they have to do without
Constitution does not allow.  healthcare needing to consider the situation
5. The administration of the  transportation, in the capital.
succeeding President Benigno  many more.
Aquino III  Each region will also take charge There are also cons to federalism
 had no marked interest in of their own  While it creates competition
charter change  finances, among regions, it could also be
 except those emanating from  plans for development, a challenge to achieving unity
different members of  and laws exclusive to their in the country.
Congress, including the area.  There might be regions which
Speaker of the House,  The national government, on the are not ready to govern
Feliciano Belmonte Jr., who other hand, will only handle themselves, or have lesser
attempted to introduce matters of national interest such resources, which could mire
amendments to the as them deeper in poverty and
Constitution that concern  foreign policy and defense, make development uneven in
economic provisions that among others. the country.
aim toward liberalization.  In this system, it is possible for  There could be issues regarding
 This effort did not see the the central government and the overlaps in jurisdiction, since
light of day. regions to share certain powers. ambiguities may arise where
national ends and regional
6. In an upsurge of populism, Our current system is that of a unitary begins, or vice versa.
President Rodrigo Duterte won the form  As a proposed solution to the
2016 presidential elections in a  where administrative powers and conflict in Mindanao, we must
campaign centering on law and resources are concentrated in the also remember that the
order, proposing to reduce crime national government Autonomous Region in Muslim
by killing tens of thousands of  Mayors and governors would Mindanao (ARMM) has
criminals. have to rely on allocations already been created, and the
 He is also a known advocate provided to them through a conflict still continues.
of federalism proposed budget that is also  Federalism may not be enough
approved by the national for those who clamor
Federalism - a compound government separation
mode of government  a system prone to abuse
combining a central or Any effort to shift the system of
federal government with There are many pros to a federal form of government also entails costs, and it
regional governments in a government would not be cheap. It would cost
single political system.  Each region may custom fit billions to dismantle the current system
solutions to problems brought and would take a long time before the
 This advocacy is in part an about by their distinct geographic, system normalizes and irons out its
influence of his background, cultural, social, and economic kinks.
being a local leader in contexts.
Mindanao that has been  Regions also have more power
mired in poverty and over their finances, since they
violence for decades. handle majority of their income
 On 7 December 2016, and only contributes to a small
President Duterte signed an