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HISTORY

The document discusses the evolution of constitutions in the Philippines from 1897 to present day, including: 1) The Philippines has had 6 constitutions since independence in 1898, with the 1897 Constitution of Biak-na-Bato and 1899 Malolos Constitution being early attempts at self-governance. 2) The 1935 Commonwealth Constitution established the legal framework for transitional self-government before independence. 3) The 1973 Constitution formalized martial law under Ferdinand Marcos and concentrated power in the presidency. 4) The 1987 Constitution was drafted after the People Power Revolution to establish democratic checks and balances on power in response to the Marcos regime.

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Abdulhakim Mauti
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64 views

HISTORY

The document discusses the evolution of constitutions in the Philippines from 1897 to present day, including: 1) The Philippines has had 6 constitutions since independence in 1898, with the 1897 Constitution of Biak-na-Bato and 1899 Malolos Constitution being early attempts at self-governance. 2) The 1935 Commonwealth Constitution established the legal framework for transitional self-government before independence. 3) The 1973 Constitution formalized martial law under Ferdinand Marcos and concentrated power in the presidency. 4) The 1987 Constitution was drafted after the People Power Revolution to establish democratic checks and balances on power in response to the Marcos regime.

Uploaded by

Abdulhakim Mauti
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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GROUP 1

EVOLUTION OF THE PHIIPPINE CONSTITUTION

The Philippines has had a total of six constitutions since the Proclamation of
Independence on June 12, 1898. 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 to be a past of a whole, the coming together of
distinct entities into one group, with the same principles and ideals. These principles
define the nature and intent 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.

1899: Malolos Constitution

 The Malolos Constitution, also known as the “Constitution of the Revolutionary


Government of the Philippine Islands”, was a document that established the First
Philippine Republic. It was written in Spanish and enacted by President Emilio
Aguinaldo in Malolos, Bulacan on January 21, 1899. It is considered to be the
first written constitution in Asia.
 The constitution was divided into several parts. The first part declared that the
Philippine Islands were an independent state called the Filipino Republic. It also
established the government as a representative democracy with three branches:
the legislative, executive, and judicial.

 The second part outlined the rights of citizens. It stated that all citizens were
equal before the law, regardless of race, gender, or religion. It also provided
basic rights such as the right to life, liberty, and property, as well as freedom of
speech, press, assembly, and religion.

 The third part outlined the structure of the government. It established a bicameral
legislature with a Senate and a House of Representatives. It also provided for the
establishment of a Supreme Court, as well as a cabinet of executive
departments.
 The fourth part provided for the protection of public welfare. It outlined the duties
of the government and provided for the protection of public health, education,
and welfare. It also established the right of the people to petition their
government for redress of grievances.

 The fifth part outlined the responsibilities of the President and his cabinet. It
established the power of the President to make decisions, appoint public officials,
and declare war. It also provided for the election of a Vice President and the
establishment of a cabinet of executive departments.

 Finally, the sixth part outlined the amendment process. It provided for the
passage of laws by a majority vote in both houses of the legislature and
ratification by the President. It also provided for the submission of amendments
to the people for a vote.

 The Malolos Constitution is a landmark document in Philippine history. It


established the First Philippine Republic and provided for the rights of citizens,
the structure of the government, and the amendment process. It was a major
step towards the establishment of a democratic government in the Philippines
and is still remembered today.

1935: The Commonwealth Constitution

 The 1935 Constitution provided the legal basis of the Commonwealth


Government which was considered a transition government before the granting
of the Philippine independence with American-inspired constitution; the Philippine
government would eventually pattern its government system after American
government. The 1935 constitution, drawn up under the terms of the Tydings-
McDuffie Act, which created the Philippine Commonwealth, also served as a
basis for an independent Philippine government from 1946 until 1973 (see
Independence and Constitutional Government, 1945-72 , ch. 1). The framers of
the Commonwealth Constitution were not completely free to choose any type of
government they wanted, since their work had to be approved by United States
president Franklin D. Roosevelt, but as many were legal scholars familiar with
American constitutional law, they produced a document strongly modeled on the
United States Constitution. In fact, the 1935 constitution differed from the United
States document in only two important respects: Government was unitary rather
than federal, 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.

1973: Constitutional Authoritarianism

 Through Proclamation No.1081, on September 21,1972, President Ferdinand


Marcos placed the entire country under martial law. Martial law was declared in
the country because of violence of the demonstrations, disruption of classes in
Manila, clashes of students between the students and officers of the law.
Through a convention, the proposed 1973 constitution was approved on
November 29, 1972. It was supposed to ratify or reject the proposed constitution
on November 30,1973 through plebiscite. Citizen Assemblies were held from
January 10-15, 1973. On January 17, 1973, President Marcos issued a
proclamation announcing that the proposed constitution had been ratified.
Introduce a parliamentary-style government, which was vested in a Unicameral
National Assembly, with members being elected to 6-year term. The president
would serve a six-year term and could be re-elected to an unlimited number of
terms. The president was to be elected as the symbolic and ceremonial head of
state chosen from members of the National Assembly. Executive power was
relegated to the Prime Minister, who was also the head of the government and
Commander-in-Chief of the Armed Forces. The prime minister was also elected
from the National Assembly. The constitution was amended several times. In
1976, citizen assemblies, once again decided to allow the continuation of Martial
Law as well as the approved amendments: president to also become the prime
minister and to continue to exercise legislative powers until Martial law was lifted.
In 1981, the parliamentary system was formally modified to a French-style, semi-
presidential where executive power was restored to the president.

1987: Constitution After Material 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, or start anew and break from the
"vestiges of a disgraced dictatorship." They decided to make a new
constitution to that, according to the president herself, should be "truly
reflective of the aspirations and ideals of the Filipino people. “In March 1986,
President Aquino proclaimed a transitional constitution to last for a year while
a Constitutional Commission drafted a permanent constitution. This
transitional constitution, called the Freedom Constitution, maintained many
provisions of the old one, including in rewritten form the presidential right to rule
by decree. In 1986, a constitutional convention was created, composed of
48 members appointed by President Aquino from varied backgrounds and
representations. The convention drew up a permanent constitution, largely
restoring the set-up abolished by Marcos in 1972, but with new ways to keep the
president in check, a reaction to the experience of Marcos rule. The new
constitution was officially adopted on 2 February 1987.The Constitution begins
with a preamble, and eighteen self-contained articles. It established the
Philippines as a "democratic republican State where "sovereign tyre
sides in the people and all government authority emanates from them." It
allocates governmental powers among the executive, legislative, and judicial
branches of 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
People’s Initiative.
 Using these modes, there were efforts to amend or change the 1987
Constitution, starting with the presidency of Fidel V. Ramos.

 The first attempt was in 1995, when the secretary of the National Security
Council Jose Almonte drafted a constitution, but it was exposed to a media, and
it never prospered.

 Happened in 1997, when a group called PIRMA hoped to gather signatures from
voters to change the constitution through people’s initiative. Many are against
this, including Senator Miriam Defensor Santiago, who brought the issue to court
and won with Supreme Court judging that a people’s initiative cannot push
through without an enabling law.

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