Lesson 5 Evolution of Philippine Constitution (1)
Lesson 5 Evolution of Philippine Constitution (1)
LESSON 5:
Social, Political,
Economic, and Cultural
Issues in Philippine
History
PREPARED BY:
Dr. Micko Jay Manuel
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To analyze social, political, To recognize that the To understand several To propose
economic, and cultural problems of today are enduring issues in recommendations or
issues in the Philippines consequences of decisions Philippine society through solutions to present-day
using the lens of history. and events that happened history. problems based on the
in the past. understanding of the past
and anticipation of the
future through the study
of history.
PART 1:
Evolution of
the Philippine
Constitution
Evolution of the
Philippine Constitution
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 part of a whole.
2 representation in
the Spanish Cortes;
abolition of the power of the
government to banish civil
citizens;
5
1897 Constitution
The separation of the Philippines from the Spanish monarchy and their
Preamble
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, Nov. 1st. 1897, unanimously adopt the following articles
for the Constitution of the State.
1897 Constitution:
Biak na Bato
By the end Republic
of 1897, Governor-General
Primo de Rivera accepted the
impossibility of quelling the revolution by
force of arms. In a statement to the Cortes
Generales, he said, "I can take Biak-na-
Bato, any military man can take it, but
I can not answer that I could crush the
rebellion." Desiring to make peace with
Aguinaldo, he sent emissaries to Aguinaldo
seeking a peaceful settlement. Ironically,
nothing was accomplished until Pedro A.
Paterno, a known turncoat and a lawyer
from Manila, volunteered to act as
1897 Constitution:
Biak na Bato
On August Republic
9, 1897, Paterno Paterno's efforts led to a peace
proposed a peace based on agreement called the Pact of
reforms and amnesty to Biak-na-Bato. This consisted of
Aguinaldo. In succeeding three documents, the first two
months, practicing shuttle being signed on December 14,
diplomacy, Paterno travelled 1897, and the third being signed
back and forth between Manila on December 15; effectively
and Biak-na-Bato carrying ending the Republic of Biak-
proposals and counterproposals. na-Bato.
1897 Constitution:
Biak na Bato
On December 23, Republic
1897, In exchange, Aguinaldo will
Generals Celestino Tejero and receive P800,000
Ricardo Monet of the Spanish (Mexican Pesos) as
army arrived in Biak-na-Bato and remuneration to the
became hostages of the rebels. A revolutionaries and an amnesty.
ceasefire was declared by After receiving a
both camps and an agreement partial payment of P400,000,
between Aguinaldo and the Aguinaldo left for Hong
Spanish forces was made -that Kong on December 27, 1897.
the Spanish government will The constitution of Biak-na-Bato
grant self-rule to the would have been the
Philippines in 3 years if revolutionary government that
Aguinaldo went to exile and followed Bonifacio’s Katipunan.
1899
Malolos
Constitution
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 Philippine 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.
1899: Malolos
Constitution
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.)
The document they came up
with, approved by the Congress
on 29 November 1898, and
promulgated by Aguinaldo on
21 January 1899, was titled
"The Political Constitution of
1899" and written in Spanish.
MALOLOS CONSTITUTION
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SALIENT FEATURES
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1899: Malolos
Constitution
The constitution has 39 articles divided into 14 titles, with
eight articles of transitory provisions, and a final additional article.
The document was patterned after the Spanish Constitution of
1812, with influences from the charters of Belgium, Mexico,
Brazil, Nicaragua, Costa Rica, and Guatemala, and the
French Constitution of 1793.
According to Felipe Calderon, main author of the constitution, these countries
were studied because they shared similar social, political, ethnological, and
governance conditions with the Philippines. Prior constitutional projects in the
Philippines also influenced the Malolos Constitution, namely, the Kartilya
and the Sanggunian- Hukuman, the charter of laws and morals of the
Katipunan written by Emilio Jacinto in 1896; the Biak-na-Bato
Constitution of 1897 planned by Isabel Artacho; Mabini's Constitutional
Program of the Philippine Republic of 1898; the provisional constitution
of Mariano Ponce in 1898 that followed the Spanish constitutions; and the
1899 Constitution
Malolos Preamble
We, the Representatives of the Filipino People, lawfully convened, in
order to establish justice, provide for common defense, promote the
general welfare and insure the benefits of liberty, imploring the aid of
the Sovereign Lawgiver of the Universe in order to obtain these
objectives, have voted, decreed, and sanctioned the following political
constitution.
1899 Malolos
Constitution
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.
1899 Constitution
Malolos Republic
The 27 articles of Title IV 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
1899 Constitution
Malolos Republic
The form of government, according to Title
Il, Article 4 is to be popular,
representative, alternative, and
responsible, and shall exercise three
distinct powers- legislative, executive,
and judicial. The legislative power was
vested in a unicameral body called the
Assembly of Representatives, members of
which are elected for terms of four years.
Secretaries of the government were given
seats in the assembly, which meet annually
for a period of at least three months
1899 Constitution
Malolos Republic
Bills could be introduced either by the
president or by a member of the assembly.
Some powers not legislative in nature were also
given to the body, such as the right to
select its own officers, right of censure
and interpellation, and the right of
impeaching the president, cabinet
members, the chief justice of the Supreme
Court, and the solicitor-general. A
permanent commission of seven, elected by
the assembly, and granted specific powers by
the constitution, was to sit during the intervals
1899 Constitution
Malolos Republic
The 1899 Malolos Constitution
was never enforced due to the It is worth mentioning that after the
ongoing war. The Philippines was Treaty of Paris, the Philippines was
effectively a territory of the subject to the power of the United
United States upon the signing States of America, effectively the
of the Treaty of Paris between new colonizers of the country. From
Spain and the United States, 1898 to 1901, the Philippines
transferring sovereignty of the would be placed under a military
Philippines on 10 December 1898. government until a civil government
would be put be into place.
Treaty of Paris
Two acts of the United States Congress were The act specified that legislative power
passed that may be considered to have would be vested in a bicameral legislature
qualities of constitutionality. First was the composed of the Philippine Commission
Philippine Organic Act of 1902, the first as the upper house and the Philippine
organic law for the Philippine Islands that Assembly as lower house. Key provisions of
provided for the creation of a popularly the act included a bill of rights for
elected Philippine Assembly. Filipinos and the appointment of two
non-voting Filipino Resident
Commissioners of the Philippines as
representative to the United States House
The second act that functioned as a
constitution was the Philippine Autonomy It was also this Act that explicitly declared
Act of 1916, commonly referred to as the purpose of the United States to
"Jones Law." which modified the structure end their sovereignty over the
of the Philippine government through the Philippines and recognize Philippine
removal of the Philippine Commission, independence as soon as a stable
replacing it with a Senate that served government can be established.
as the upper house and its members
elected by the Filipino voters, the first
truly elected national legislature.
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.
1935
Commonwealt
h Constitution
1935 Commonwealth
Government
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 toward its full
achievement of independence. It
originally provided for a unicameral
National Assembly with a
president and vice president
elected to a six- year term
1935 Commonwealth
Government
It was amended in 1940 to have a
bicameral Congress composed of a
Senate and a House of
Representatives, as well as the
creation of an independent electoral
commission, and limited the term of
office of the president and vice president
to four years, with one re-election.
Rights to suffrage were originally
afforded to male citizens of the
Philippines who are twenty-one years
of age or over and are able to read
and write; this was later on extended
to women within two years after the
1935 Commonwealth
Government
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.
1935 Commonwealth
Government
While the dominant influence in the
constitution was American, it also bears
traces of the Malolos Constitution, the
German, Spanish, and Mexican
constitutions, constitutions of several
South American countries, and the
unwritten English Constitution.
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.
1935 Commonwealth
Government
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.
SALIENT FEATURES
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1943
Constitution
SALIENT FEATURES
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1973
Authoritarian
Constitution
SALIENT FEATURES
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SALIENT FEATURES
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1973 Authoritarian
Constitution
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.
THE CITIZEN
Supreme Court issued what
essentially amounted to a white
flag being waved at the
ASSEMBLIES
dictatorship. The majority of the
justices said that while the
approval of the Constitution via
the barangay assemblies was
improper, it was all moot and
academic because the document
was now in place, anyway—a fait
accompli.
1973 Authoritarian
Constitution
In 1976, Citizen Assemblies, once again, decided to allow the
continuation of Martial Law, as well as approved the amendments: an
Interim Batasang Pambansa to substitute for the Interim National
Assembly, the president to also become the Prime Minister and
continue to exercise legislative powers until Martial Law was lifted and
authorized the President to legislate on his own on an emergency basis.
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CIVIL SERVICE COMMISSION ON COMMISSION ON
COMMISSION ELECTIONS AUDIT
a central mandated to which examines all
agency in enforce and funds, transactions,
charge of administer all and property accounts
government election laws of the government and
personnel and regulations its agencies
1987 Democratic
Constitution
To further promote the ethical and lawful
conduct of the government, the Office of the
Ombudsman was created to investigate
complaints that pertain to public corruption,
unlawful behavior of public officials, and
other public misconduct. The Ombudsman can Congress (House of
charge public officials before the Representatives and
the Senate) may
Sandiganbayan, a special court created for convene as a
this purpose. Constituent Assembly
(or Con-Ass) to propose
Terms such as "Cha-Cha," "Con-Ass," and amendments to the
Constitution. It is not
"Con-Con" are regularly thrown around. Article clear, however, if
XVII of the 1987 Constitution provides for Congress is to vote as a
three ways by which the Constitution can be single body or separately.
1987 Democratic
Constitution
Another method is through the
Constitutional Convention (or Con-Con),
where Congress, upon a vote of two-thirds
of all its members, calls for a constitutional
convention. They may also submit to the
electorate the question of calling a convention
through a majority vote of all its members.
GLORIA MACAPAGAL
ARROYO
Estrada was replaced by another People Power and succeeded by his
Vice President, Gloria Macapagal Arroyo.
This initiative was also not successful since the term of President
Arroyo mired in controversy and scandal, including the possibility of
Attempts to Change the
Constitution
Is it
about by their distinct geographic,
cultural, social,
Balance
and economic contexts.
Regions
Sheetalso have more power over
better??
their finances, since they handle
majority of their income and only
contributes to a small portion to
the national government. They can
choose to directly fund their own
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A federal
Balance form of government could also solve a
Is it
lot of decade-old
Sheet
problems of the country. It may be
better??
a solution to the conflict in Mindanao, since a
separate Bangsamoro region could be
established for Muslim Mindanao. It could
address the inequality in wealth distribution
and lessen the dependence to Metro Manila,
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Thank
You!
FOR YOU R
AT TEN TION
PREPARED BY:
Dr. Micko Jay Manuel