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The Philippine Constitution

The document summarizes key Philippine constitutions: 1) The 1899 Malolos Constitution established the first Philippine Republic and was the first republican constitution in Asia. It established a unicameral government. 2) The 1935 Commonwealth Constitution established a bicameral legislature. It was drafted according to the Tydings-McDuffie Act, which approved a 10-year Commonwealth period before independence. 3) The 1935 Constitution differed from the 1899 Constitution in having a bicameral rather than unicameral legislature and allowing the President to declare emergency rule. It provided a framework for government until 1973.

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26 views5 pages

The Philippine Constitution

The document summarizes key Philippine constitutions: 1) The 1899 Malolos Constitution established the first Philippine Republic and was the first republican constitution in Asia. It established a unicameral government. 2) The 1935 Commonwealth Constitution established a bicameral legislature. It was drafted according to the Tydings-McDuffie Act, which approved a 10-year Commonwealth period before independence. 3) The 1935 Constitution differed from the 1899 Constitution in having a bicameral rather than unicameral legislature and allowing the President to declare emergency rule. It provided a framework for government until 1973.

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jasmine subida
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE PHILIPPINE CONSTITUTION:

1899 (Malolos) Constitution, 1935 Constitution, 1973 Constitution, 1987 Constitution


THE 1899 MALOLOS CONSTITUTION

>Emilio Aguinaldo issued a proclamation on July 18, 1898, requesting the selection of
representatives to the revolutionary congress.
- Emilio Aguinaldo was a Filipino revolutionary, statesman, and military leader who is
the youngest president of the Philippines (1899–1901) and became the first president of the
Philippines and of an Asian constitution. Emilio Aguinaldo fought for a free and independent
Philippines, first against Spain and then against the United States. When the Philippines declared
itself an independent republic in 1898 and Aguinaldo became its president, a significant
milestone was reached in the struggle against colonial rule in Asia.

>The Malolos Constitution of 1899 served as the First constitution in Philippine Republic's
founding document. In 1899, the Malolos Constitution, the first Philippine Constitution—the
first republican constitution in Asia—was drafted and adopted by the First Philippine Republic,
which lasted from 1899 to 1901. During the American Occupation, the Philippines was governed
by the laws of the United States of America.

On January 21, 1899, the first Philippine Republic was proclaimed in Malolos, Bulacan.
The first Philippine Constitution—the first republican constitution in Asia—was drafted and
adopted by the First Philippine Republic, which lasted from 1899 to 1901. During the American
Occupation, the Philippines was governed by the laws of the United States of America.
Full electoral authority rests with the National Assembly and the Special Representatives. The
Malolos Constitution specifically provided for safeguards against abuses, and enumerated the
national and individual rights not only of the Filipinos and of the aliens. The legislative powers
were exercised by the Assembly of Representatives composed of delegates elected according to
law.The constitution provided for three branches of government; an Executive, headed by the
President and composed of department secretaries; a Legislature, headed by a Prime Minister and
composed of delegates from provinces of the Philippines; and a Judiciary, headed by the
President of the Supreme Court and its Justices.

We, the Representatives of the


Filipino People, legally convened to
establish justice, provide for the
common defense, promote the
general welfare and ensure the
blessings of liberty, imploring the
aid of the Sovereign Lawgiver of the
Universe in order to obtain these
objectives, have voted, decreed and
approved the following: POLITICAL CONSTITUTION
TITLE I: THE REPUBLIC

TITLE II: THE GOVERNMENT

TITLE III: RELIGION

TITLE IV: THE FILIPINOS AND THEIR NATIONAL AND INDIVIDUAL RIGHTS

TITLE V: THE LEGISLATIVE POWER

TITLE VI: THE PERMANENT COMMISSION

TITLE VII: THE EXECUTIVE POWER

TITLE VIII: THE PRESIDENT OF THE REPUBLIC

TITLE IX: THE SECRETARIES OF GOVERNMENT

TITLE X: THE JUDICIAL POWER

TITLE XI: PROVINCIAL AND POPULAR ASSEMBLIES

TITLE XII: ADMINISTRATION OF THE STATE

TITLE XIII: AMENDMENT OF THE CONSTITUTION

TITLE XIV: CONSTITUTIONAL OBSERVANCE, OATH, AND LANGUAGE

• Unicameral government
> A unicameral system is a government with one legislative house or chamber. Unicameral is the
Latin word that describes a single-house legislative system.

• All people born on Philippine soil are eligible for citizenship.

THE 1935 COMMONWEALTH CONSTITUTION

The Tydings-McDuffie Act of 1934 was passed.


> An act to provide for the complete independence of the Philippine Islands, to provide for the
adoption of a constitution and a form of government for the Philippine Islands, and for other
purposes.
The Constitutional Convention was established in 1934
> In 1934, the United States Congress passed the Philippine Independence Act, which set the
parameters for the creation of a constitution for the Philippines. The Act mandated the Philippine
Legislature to call for an election of delegates to a Constitutional Convention to draft a
Constitution for the Philippines.

Drafting and Ratification of the Commonwealth Constitution of 1935.


> It was in accordance with the Philippine Independence Act of 1934. The 1935 Constitution was
ratified(approved) by the Filipino people through a national plebiscite(voting)( plebiscite is an
election duly called for the people directly affected to either approve or reject a law or part
thereof enacted by the Congress or approve or reject the resolutions or ordinance enacted by the
local legislative unit.) , on May 14, 1935 and came into full force and effect on November 15,
1935 with the inauguration(the act of putting someone into an official position with a ceremony,
or an occasion when this happens: presidential inauguration.) of the Commonwealth of the
Philippines.

The distinctions between the constitutions of 1899 and 1935


> The 1899 constitution was created during the Philippine-American War, while the 1935
constitution was created during the Commonwealth period.
2. The 1899 constitution established a unicameral legislature, while the 1935 constitution
established a bicameral legislature(Bicameralism is a type of legislature that is divided into two
separate assemblies, chambers, or houses, known as a bicameral legislature.)
> Under the constitution it is stated that the
President is to be elected to a four-year term together with the Vice-President without re-
election. The candidates for the said position must have the rights of suffrage by male citizens of
the Philippines who are twenty-one years of age or over and are able to read and write.

TYDINGS-MCDUFFIE ACT OF 1934


A ten-year commonwealth transitional plan is approved by the US for the Philippines to develop
a political system.
The Tydings-McDuffie Act was enacted into law on March 24, 1934.
It is also known as the Philippine Commonwealth and Independence Act of 1934.

Passed for two main purposes:

- To guarantee the Philippine Islands’ total freedom.

- To provide provisions for the adoption of the Philippine Islands' constitution and system of
government.

CONSTITUTIONAL CONVENTION OF 1934


The US gives the Philippine Ler permission to organise a delegate election.
Constitutional Convention.
The Convention was mandated to draft a constitution for the Commonwealth of the Philippines.
202 elected Filipino delegates made up the group.
Under the leadership of Claro M. Recto (Recto presided over the assembly that drafted the
Philippine Constitution in 1934–35 in accordance with the provisions of the Tydings–McDuffie
Act and a preliminary step to independence and self-governance after a 10-year transitional
period.)

8-ARTICLE "AMERICAN-INSPIRED" CONSTITUTION (The 1935 Constitution or the


Constitution of the Commonwealth of the Philippines,
drawn up under the terms of the Public Law 73-127 or Tydings-McDuffie Act, served as a basis
for an independent Philippine government from 1946 until 1973. It provided the legal foundation
of the Commonwealth Government which was considered a transition government before the
granting of the Philippine independence with American-inspired constitution. Then,
the Philippine government would eventually base its government organization after
American administration.)

Gave the Commonwealth Philippine Republic its legal foundation.

Different only from the US. The Constitution in TWO ways


- Unitary(A unitary government is a system that has a strong central government that controls
what subnational governments do. A single central entity holds all power and authority.) rather
than the Federal government (Federal Government is composed of three distinct branches:
legislative, executive, and judicial, whose powers are vested by the U.S. )
> local governments being subject to general supervision by the president, and the president
could declare an emergency and temporarily exercise near-dictatorial power. This latter
provision was used by Marcos after September 1972, when he declared martial law.
> The 1935 constitution seemed to serve the nation well. It gave the Philippines twenty-six years
of stable, constitutional government during a period when a number of other Asian states were
succumbing to military dictatorship or communist revolution.

- Giving the President the right to impose a temporary state of emergency and exercise near-
dictatorial authority.
On February 8, 1935, the draft was completed.
On March 25, 1935, a certification request was made.

> There is no doubt that when the American Congress adopted the name "commonwealth" it
was inspired by the precedents of Anglo-American history in which "commonwealth
government" has always meant self-government or autonomy. It is probably the highest type of
self-government compatible with a colonial or dominion status. The Commonwealth of the
Philippines (Spanish: Commonwealth de Filipinas, Tagalog: Komonwelt ng Pilipinas)
was the name of the Philippines from 1935 to 1946 when it was still controlled by the
United States.

Preamble
The Filipino people, imploring the aid of Divine Providence, in order to establish a government
that shall embody their ideals, conserve and develop the patrimony of the nation, promote the
general welfare, and secure to themselves and their posterity the blessings of independence under
a regime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

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