Evolution of the
Philippine Constitution
Group 4
What we'll discuss
Biak na bato
Malolos
Common Wealth
Constitutional Authoritatianism
Constitution after Martial Law
Attempt to amend or change the
1987 Constituion
Biak na Bato
Biak-na-Bato
Biak-na-Bato is a Tagalog word for "cleft rock." It is the
name of a place in the mountains of Bulacan Province
where, in 1897, the insurgent forces under Gen. Emilio
Aguinaldo retreated from the advancing Spanish army.
Here a peace treaty was signed between the Filipino
insurgents and the Spaniards that placed the Philippine
Revolution on hold. November 1, 1897.
Biak-na-Bato
The Biak-na-Bato Constitution provided for the
establishment of a Supreme council that would serve as the
highest governing body of the Republic. It also outlined
certain basic human rights, such as freedom of religion,
freedom of the press, and the right to education.
Biak na Bato National Park is a network of more than a
hundred caves spanning 2, 117 hectares. But as of the
present, only 17 have been explored. Most of these caves
boast of crystalline mineral formations stalactites and
stalagmites that show the magnificent artistry of Mother
Nature.
Malolos
Malolos
The Philippines has had a total of six constitutions since
the Proclamation of Independence on June 12, 1898. 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.
Malolos
Organic Acts were passed by the United
States Congress for the administration of the
Government of the Philippine Islands. The
first was the Philippine Organic Act of 1902,
which provided for a Philippine Assembly
composed of Filipino citizens. The second was
the Philippine Autonomy Act of 1916, which
included the first pledge of Philippine
independence. These laws served as
constitutions of the Philippines from 1902 to
1935.
Malolos
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. The 1934 Constitutional
Convention finished its work on February 8, 1935.
The 1935 Constitution was ratified by the Filipino people
through a national plebiscite, on May 14, 1935 and came
into full force and effect on November 15, 1935 with the
inauguration of the Commonwealth of the Philippines.
Malolos
In 1940, the 1935 Constitution was amended
by the National Assembly of the Philippines.
The legislature was changed from a
unicameral assembly to a bicameral congress.
The amendment also changed the term limit
of the President of the Philippines from six
years with no reelection to four years with a
possibility of being reelected for a second
term.
Malolos
Upon the liberation of the Philippines in 1945, the 1935
Constitution came back into effect. The Constitution
remained unaltered until 1947 when the Philippine
Congress called for its amendment through
Commonwealth Act No. 733. On March 11, 1947 the Parity
amendment gave United States citizens equal rights with
Filipino citizens to develop natural resources in the country
and operate public utilities. The Constitution, thereafter,
remained the same until the declaration of martial law on
September 23, 1972.
Malolos
Before President Marcos declared Martial
Law, a Constitutional Convention was
already in the process of deliberating on
amending or revising the 1935
Constitution. They finished their work
and submitted it to President Marcos on
December 1, 1972. President Marcos
submitted it for ratification in early
January of 1973.
Common Wealth
Common Wealth
A commonwealth is a traditional English term for a political
community founded for the common good. Historically, it has
been synonymous with “republic”. The noun “commonwealth”,
meaning “public welfare, general good or advantage”, dates
from the 15th century.
The Commonwealth of the Philippines was the administrative
body that governed the Philippines from 1935 to 1946, aside
from a period of exile in the Second World War from 1942 to
1945 when Japan occupied the country.
Common Wealth
Manuel L. Quezon Manuel Roxas Franklin D. Roosevelt
First President of Last President of He established the
Common Wealth Common Wealth Common Wealth
Facts
When did Philippines become
about Common Wealth
a Commonwealth? Why is it called Commonwealth?
The Commonwealth of the It simply means they’ve
Philippines was formally adopted the British term for
established on November providing for the “common
15, 1935. good” or the “common
wealth” of its citizens.
Main purpose of the Commonwealth Acts in the
Commonwealth in the PH Philippines
The Commonwealth was the Laws enacted by the
culmination of efforts to secure a Commonwealth Congress are
definitive timetable for the denominated as “Commonwealth
withdrawal of American Acts” and are cited as “C.A. No. ___”.
sovereignty over the Philippines. It enacted a total of 733 statutes.
Constitutional
Authoritatianism
Constitutional Authoritatianism
Constitutional authoritarianism is a
conceptual category of authoritarianism,
which uses constitutional law (not the
normative concept of constitutionalism) to
stabilize governments politically and which
misuses and distorts certain constitutional
institutions (without giving them full
powers). It creates the semblance of
constitutionalism while undermining the
concept.
Constitutional Authoritatianism
This topic is all about government like how it goes or work
like in laws but the term Constitutional and
Authoritarianism don’t work in each other why? Because
what my sources says that the “Authoritarian” is not a
characteristic of constitutionalism. Constitutionalism is
also not a characteristic of authoritarianism but
authoritarianism can be constitutional.
Constitutional Authoritatianism
A concept that refers to a very sophisticated way in which
ruling elites with an authoritarian mentality exercise power
in not fully democratic states. In this case, the regime’s
liberal democratic constitution, instead of limiting the
power of the state and empowering those who would
otherwise be powerless, is used for practical and
authoritarian ideological functions. Example of this topic is
the 1973 Constitutional authoritarianism when Former
President Ferdinand Marcos is the president of our country
and it happened during the martial law.
Constitutional after
Martial Law Attempt to
amend or change the
1987 Constitution
Before President Marcos declared Martial Law, a
Constitutional Convention was already in the process of
deliberating on amending or revising the 1935 Constitution.
They finished their work and submitted it to President
Marcos on December 1, 1972. President Marcos submitted
it for ratification in early January of 1973.
Foreseeing that a direct ratification of the constitution was
bound to fail, Marcos issued Presidential Decree No. 86, s.
1972, creating citizens assemblies to ratify the newly
drafted constitution by means of a Viva Voce vote in place
of secret ballots. Marcos announced that it had been
ratified and in full force and effect on January 17, 1973.
Although the 1973 Constitution had been “ratified” in this
manner, opposition against it continued.
Chief Justice Roberto V. Concepcion in his dissenting
opinion in the case of Javellana V. Executive Secretary,
exposed the fraud that happened during the citizen’s
assembly ratification of the 1973 Constitution on January,
10 – 15, 1973. However, the final decision of this case was
that the ratification of the 1973 Constitution was valid and
was in force.
Democracy was restored in 1986, President Corazon C.
Aquino issued Proclamation No. 3, suspending certain
provisions of the 1973 Constitution and promulgating in its
stead a transitory constitution.
A month later, President Aquino issued Proclamation No.
9, s. 1986, which created a Constitutional Commission
tasked with writing a new charter to replace the 1973
Constitution. The commission finished its work at 12:28
a.m. of October 16, 1986.
National Plebiscite was held on February 2, 1987, ratifying
the new constitution. On February 11, 1987, by virtue of
Proclamation No. 58, President Aquino announced the
official canvassing of results and the ratification of the draft
constitution. The 1987 Constitution finally came into full
force and effect that same day with the President, other
civilian officials, and members of the Armed Forces
swearing allegiance to the new charter.
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