A History of the Evolution of the Philippine Constitution

The Philippines has had a total of six constitutions since the Proclamation of Independence on June 12,
1898.

1. 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. 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.

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 Constitution was submitted to the President of the United States for
certification on March 25, 1935. It was in accordance with the Philippine Independence Act of
1934. 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. Among its provisions was that it would remain the
constitution of the Republic of the Philippines once independence was granted on July 4, 1946.

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.

During World War II the Japanese-sponsored government nullified the 1935 Constitution and
appointed Preparatory Committee on Philippine Independence to replace it. The 1943
Constitution was used by the Second Republic with Jose P. Laurel as President.

2. 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.

3. 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.

4. President Corazon C. Aquino addressing the 1986 Constitutional Commission at its inaugural
session.

When 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.

COMMEMORATION OF CONSTITUTION DAY

For every constitutional change the Philippines has experienced, a corresponding proclamation was
issued in order to celebrate the date that each charter was put into full force and effect—with the
exception the 1943 Constitution.

President Emilio Aguinaldo issued the first proclamation that celebrated the effectiveness of a
constitution in 1899 on January 23, 1899. In the Proclamation, President Aguinaldo ordered the release
of Spanish prisoners under the custody of the Philippine revolutionary forces, to mark the inauguration
of the First Philippine Republic. No subsequent proclamations were issued because of the outbreak of
the Philippine-American War and the fall of the First Philippine Republic in 1901.

When the United States Congress authorized the creation of a constitution for the Philippines in
accordance with the Tydings-Mcduffie Act of 1934, a Constitutional Convention was established to draft
a charter for the Philippines and it finished its work on February 8, 1935. On the inauguration of the
Commonwealth of the Philippines on November 15, 1935, the new charter came into full force and
effect. A year later, President Manuel L. Quezon issued Proclamation No. 36, s. 1936, declaring the 8th
of February of every year as Constitution Day to commemorate the completion of the 1934
Constitutional Convention’s task. This commemoration was observed throughout the Commonwealth of
the Philippines and the Third Republic, up until the declaration of martial law on September 23, 1972.
(President Ferdinand E. Marcos reiterated President Quezon’s original proclamation by issuing
Proclamation No. 10, s. 1966.)
In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a new charter, the
1973 Constitution. In commemoration, President Marcos, repealed President Quezon’s Proclamation
No. 36, s. 1936, by virtue of Proclamation No. 1219, s. 1973, which moved Constitution Day from
February 8 to January 17 of every year. This proclamation commemorated the day when President
Marcos certified that the new Constitution had been ratified. Constitution day was commemorated until
the end of President Marcos term but was overshadowed by the Proclamation making September 21st
of every year “Thanksgiving Day”, the date indicated on Presidential Proclamation No. 1081, s. 1972:
Martial law, however, was actually declared two days later when President Marcos announced it
through nationwide television.

When democracy was restored in 1986, the 1973 Constitution was replaced by first the freedom
constitution, also known as Proclamation No. 3, s. 1986, then our current constitution, the 1987
Constitution. This constitution came into full force and effect on February 11, 1987, after President
Corazon C. Aquino issued Proclamation No. 58, s. 1987. The proclamation issued by President Aquino
included the results of the plebiscite held on February 2, 1987.

After the ratification of the 1987 Constitution, President Aquino issued Proclamation No. 211 s, 1988,
which moved the commemoration of Constitution Day from January 17 to February 2 of every year—a
proclamation still in effect to this day.

Credit to The Philippine Gazette

Prepared by Prof. Erlito V Ebia