Evolution of

Philippine
Constitution
 CONSTITUTION
Defined as a set of fundamental principles
or established precedents according to
which a state or other organization is
governed, thus the word itself mean to be a
part of a whole, the coming together of
distinct entities into one group, with the
same principles and ideals.
 1987 constitution (biak-na-
bato constitution)
 Promulgated by the Philippine Revolutionary
Government
 November 1, 1897
 Barrowed from Cuba
 Written by Isabelo Artacho and Felix Ferrer
 Written in Spanish then later it was
translated from tagalog
 The Constitution of Biak-na Bato
was never fully implemented, since
the pact of Biak-na-Bato, was
signed between the Spanish and
the Philippine Revolution Army
Preamble of the biak-na-bato
constitution
The Preamble of the 1897 Constitution of Biak-na-Bato reads, “The
separation of the Philippines from the Spanish monarchy and their
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 Biac-na-
bato, Nov. 1st. 1897, unanimously adopt the following articles for
the Constitution of the State”.
 1899 Constitution:(malolos
 After signing the truce, the Filipinos revolutionary leaders
constitution)
accepted a payment from spain and went to exile in Hongkong
 Mock battle in Manila Bay: Spaniards were defeated by the
Americans
 Declaration of Philippine Independence by Emilio Aguinaldo
(June 12, 1898)
 The first Philippine Republic was formed
 The Malolos Congress was elected
 September 17, 1898- draft of constitution was made
 November 1898- approved by the congress
 January 21, 1899- Promulgated by Aguinaldo
 The political constitution of 1899 (Written in Spanish )
 39 Articles divided into 14 titles with 8 articles of transitory
previsions.
 Patterned from after Spanish constitution of 1812.
 Felipe Calderon author of the constitution
 Other influences of Malolos Constitution are from the charter of
BELGIUM, MEXICO, BRAIL, NICARAGUA, COSTA RICA, and
GUATEMALA, and FRENCH CONSTITUTION OF 1793.
 Other influences of Malolos constitution (Philippines)- KARTILYA
and SANGGUNIAN HUKUMAN, BIAK-NA-BATO CONSTITUTION,
MABINI’S CONSTITUTIONAL PROGRAM OF THE PHILIPPINE
REPUBLIC OF 1898.
 1899 Constitution:(malolos
 Title IV- natural rights and popular sovereignty of Filipinos
constitution)
 Title III, Article V- declares that the states recognizes the
freedom and equality of all beliefs, as well as the separation of
the Church and State
 Title II, Article IV- the form of government (the three distinct
powers).

 Legislative
 Executive
 Judicial
 1899 Constitution:(malolos
 LEGISLATIVE


constitution)
Unicameral body (Assembly of the Representative)
 Members were elected in four years
 Secretaries of the government were given seat in the assembly
 Bills were introduced by member of legislative or by the
president
 They are given rights to select their own officers
 Right of impeaching the president, cabinet members, chief
justice of supreme court and solicitor-general.
 1899 Constitution:(malolos
 EXECUTIVE
constitution)
 Vested in the president
 Elected by the constituent assembly (Assembly of the
Representative)
 Four years term without re-election
 No vice president
 In case of vacancy, a president was to be selected by the
constituent assembly.
 Preamble of the political
We, the Representatives of the Filipino people, lawfully convened, in order to
establish justice, provide for common defense, promote the general welfare and
constitution of 1899
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.
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. The 27 articles of Title IV detail the
natural rights and popular sovereignty of Filipinos, the enumerations of which does
not imply the prohibition of any other rights not expressly stated. Title, 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 dominant
agents of the state.
The 1899 Malolos Constitution
was never enforced due to the
ongoing war. The Philippines
was effectively a territory of the
United States upon the signing
of the Treaty of Paris between
Spain and the United States,
transferring the sovereignty of
 1935: The Commonwealth
 After the Treaty ofConstitution
Paris, the US became the new colonizer of
the Philippines, placing it under military rule from 1898-
1901 before a civil government was established.
 Two US Congress acts with constitutional qualities were
passed: the 1902 Philippine Organic Act, the first organic law
providing for a popularly elected Philippine Assembly, and
the 1916 Philippine Autonomy Act (Jones Law), which
modified the government structure by replacing the
Philippine Commission with an elected Senate, the first truly
elected national legislature.
 1935: The Commonwealth
Constitution
 In 1932, the US Congress passed the Hare-Hawes-Cutting-Act
promising Filipino independence, but it was opposed by
Manuel L. Quezon and rejected by the Philippine Senate.
 In 1934, the Tydings-McDuffie Act (Philippine Independence
Act) was passed, enabling a constitutional convention to
create a constitution.
 The convention members were elected, met on July
30, 1934, with Claro M. Recto as president, and the
constitution was crafted to gain US approval and ensure the
US fulfilled its promise of granting Philippine independence.
 Preamble of the 1935 Commonwealth
The 1935 constitution established the Commonwealth of the Philippines, a
transitional government from 1935 to 1946 to prepare for full independence.
It initially had a unicameral National Assembly, a president and vice
president with six-year non - renewable terms. In 1940, it was amended to a
bicameral Congress, an independent electoral commission, and four-year
terms with one re-election for the president and vice president. Initially, only
literate male citizens aged 24 and over had suffrage, later extended to
women. Influenced by American, Malolos, German, Spanish, Mexican, South
American, and English constitutions, the draft was approved in 1935, ratified
by the US President, and Manuel L. Quezon was elected president. The
Commonwealth was interrupted by Japanese occupation during World War
II, and the Philippines became an independent republic on July 4, 1946
1973: Constitutional Authoritarianism
 In 1965, Ferdinand E. Marcos was elected president.
 He won re-election in 1969 with campaign overspending and
government funds.
 In 1967, the Philippine Congress called for a constitutional
convention to change the 1935 Constitution.
 The convention began in 1971, but Marcos declared martial
law before it finished.
 He used martial law to control the convention and draft a
constitution that gave him power.
The constitution was supposed to establish a
parliamentary system, but in reality, it was an
authoritarian presidential system.
Marcos postponed the plebiscite to ratify the
constitution and used citizen assemblies instead.
He declared the constitution ratified by an
overwhelming vote, but the assemblies were highly
irregular.
The constitution was amended several times to further
consolidate Marcos's power.
In the 1980s, there was growing discontent
with Marcos's rule. The assassination of
Benigno Aquino Jr. in 1983 was a turning point.
It led to the EDSA People Power Revolution
in 1986, which forced Marcos and his family
into exile.
Corazon Aquino, Aquino's widow, became
president.
 1987: Constitution After
Martial
• President Corazon Aquino'sLaw
government had
three options regarding the constitution:
1. Revert to the 1935 Constitution
2. Retain the 1973 Constitution and be granted
the power to make reforms
3. Start anew and break from the "vestiges of a
disgrace dictatorship.“
• In March 1986, she proclaimed the Freedom
Constitution, a transitional one lasting a year
while a Constitutional Commission drafted a
permanent one.
• The 1986 convention created a new constitution,
adopted on February 2, 1987, establishing the
Philippines as a democratic republic with power
from the people and divided among executive,
legislative, and judicial branches.
• The executive branch, headed by the president and cabinet,
has limited power. The president can declare martial law for
60 days, revocable or extendable by Congress, and
reviewable by the Supreme Court. The president and vice
president are elected for a single six-year term.

• The legislative power is in Congress, divided into the Senate

(24 senators elected at large for two consecutive six-year
terms) and the House of Representatives (district
representatives serving three-year terms, with a party-list
system for under-represented sectors). Congress can declare
war and legislate, but the president can veto bills.
• The judiciary is in the Philippine Court System, with a 15-member
Supreme Court appointed by the president from a list by the Judicial and
Bar Council. The Supreme Court can hear appeals on constitutionality,
jurisdiction, and grave penalties, and has original jurisdiction over
government and international officials. It also oversees lower courts.

• Three independent Constitutional Commissions were established: the

Civil Service Commission for government personnel, the Commission on
Elections to enforce election laws, and the Commission on Audit to
examine government funds. The Office of the Ombudsman investigates
public corruption and misconduct, and can charge officials before the
Sandiganbayan. The House of Representatives can initiate impeachment
of the president, Supreme Court members, and other protected officials,
and the Senate tries the case.
Changing the Constitution is a reccuring topic, with terms like “Cha-
Cha”, “Con-Ass”, and “Con-Con” commonly used. Article XVII of the
1987 constitution outlines three methods for making amendments:

1. Constituent Assembly (Con-Ass): Congress (House and Senate) can

convene to propose amendments. However, it’s unclear how
Congress should vote either as single body or separately and the
process for convening is not specified.

2. Constitutional Convention (Con-Con): Congress can call for a

convention by a two-thirds vote of its members, or it can let the
electorate decide through a majority vote.
3. People’s Initiative (PI): This allows citizens to propose
amendments if a petition gathers at least 12% of registered
voters, with representation from all legislative districts.
Amendments can only be proposed once every five years after
a successful PI.

All proposed amendments must be ratified by a majority in a

national referendum to be valid.
• The 1987 Constitution allows for three methods to amend
it, all requiring ratification by a majority in a national
referendum: Constituent Assembly, Constitutional
Convention, and People's Initiative.
• Efforts to amend the Constitution began during Fidel V.
Ramos's presidency. The first attempt occurred in 1995
when Secretary Jose Almonte drafted a constitution, but it
was leaked and failed. In 1997, the group PIRMA sought to
change the Constitution through a People's Initiative, but
the Supreme Court ruled that such an initiative needed an
enabling law, which halted progress.
• Under President Joseph Estrada, a study commission was
formed to explore charter change, but this effort was also
blocked. After Estrada, Gloria Macapagal Arroyo's
administration saw House Speaker Jose de Venecia propose
a Constituent Assembly approach. However, this initiative
failed amid scandals surrounding Arroyo, including
concerns about her possibly extending her term.
• President Benigno Aquino III showed little interest in
charter change, although some members of Congress,
including Speaker Feliciano Belmonte Jr., attempted to
propose amendments focused on economic liberalization,
which ultimately did not advance.
• President Benigno Aquino III showed little
interest in charter change, although some
members of Congress, including Speaker
Feliciano Belmonte Jr., attempted to propose
amendments focused on economic liberalization,
which ultimately did not advance.
• Federalism in the Philippines Federalism was a
key policy of former President Rodrigo Duterte
during his 2016 presidential campaign. He
argued that it would lead to a more equitable
distribution of wealth and resources, instead of
being concentrated in Manila, the capital.
Thank You