PHILIPPINE
CONSTITUTION
READINGS IN PHILIPPINE HISTORY
If you would be given a
chance to make a law,
what would it be?
TOPICS TO DISCUSS
Definition of Purposes of
Constitution Constitution
Parts and Qualities Metamorphosis
of Constitution of Constitution
WHAT IS A CONSTITUTION
01
• The fundamental law of a nation or state
• “The highest expression of the law”
• Establishes the character and basic
principles of the government
01
CONSTITUTIONS AROUND THE WORLD
LONGEST WRITTEN CONSTITUTION
INDIA:
containing 444 articles in 22 parts, 12 schedules and 118
amendments, with 146, 585 words in its English-language
version
SHORTEST WRITTEN CONSTITUTION
MONACO:
10 chapters with 97 articles, and a total of
3,814 words
02
PURPOSES OF
CONSTITUTION
PURPOSES OF CONSTITUTION
Prescribes the framework of the system or the kind of government
that will exist in the state.
It creates the different departments and specifies their respective
functions and duties.
Source of the sovereign powers of a government by establishing
the fixed, first or basic principles on which the government is
founded
It promotes public welfare, which involves the safety, prosperity,
health, and happiness of the people
QUALITIES AND
PARTS OF A
CONSTITUTION
03
QUALITIES OF GOOD WRITTEN
CONSTITUTION
BROAD BRIEF DEFINITE
Outlines an Only the Should be written
organization of important such a simple
the government objects be language, as
for the whole included should express its
state meaning clearly.
PARTS OF PH CONSTITUTION
CONSTITUTION OF GOVERNMENT
This portion of the constitution describes the framework of
government and its power; and also defines the electorate.
CONSTITUTION OF LIBERTY
Enumerates the fundamental rights of the
people guaranteed under the constitution.
PARTS OF A CONSTITUTION
CONSTITUTION OF SOVEREIGNTY
This part indicates the manner of amending or
revising the constitution
Article X - Local Government
Article XI -Accountability of
Public Officers
Article I - National Territory
Article XII -National Economy
Article II - Declaration of Principles
and Patrimony
and State Policies
Article XIII -Social Justice and
Article III - Bill of Rights
Human Rights
Article IV - Citizenship
Article XIV -Education, Science
Article V - Suffrage
and Technology and
Article VI -Legislative Department
Arts
Article VII - Executive Department
Article XV - The Family
Article VIII - Judicial Department
Article XVI - General Provisions
Article IX -Constitutional
Article XVII -Amendments and
Commission
Revision
Article XVIII - Transitory Provisions
METAMORPHOSIS
04 OF PHILIPPINE
CONSTITUTIONS
PHILIPPINE CONSTITUTIONS
1897 Constitution of Biak-na-Bato
1899 Malolos Constitution ( 1899-1901)
1935 Constitution and the Commonwealth Government
1943 Constitution and Japanese Occupation
1973 Constitution and the Marcos Dictatorship
1896 Freedom Constitution
1987 Constitution
1897 BIAK-NA-BATO CONSTITUTION
A revolutionary government was formed in Tajeros,
General Trias in March
Pres. Aguinaldo fled to the mountains of Biak-na-Bato
An assembly was called and agreed that a republican
form of government would be formed
1897 BIAK-NA-BATO CONSTITUTION
Isabelo Artacho and Felix Ferrer were tasked to write
the constitution
(Patterned to Cuba’s constitution)
Constitution was promulgated on November 1, 1897
and became the provisionary constitution of the
government during the Revolution against Spain
Preamble reiterated the objective of the revolution:
"the separation of the Philippine from the Spanish monarchy and
their formation into an independent state which its own government.“
Government : Supreme Council
: They had sweeping powers
Official Language: Tagalog
Duration : Two years
1899 MALOLOS CONSTITUTION
(1899-1901)
Late 1897: Aguinaldo was exiled to Hongkong
April 1898: Spanish-American war broke out
May 1898: Aguinaldo came back and liberated some towns
June 12, 1898: Philippine independence was declared
1899 MALOLOS CONSTITUTION
(1899-1901)
MALOLOS CONGRESS:
When: September 15, 1898
Where: Barasoain Church, Malolos, Bulacan
Who: Conceived by presidential adviser Apolinario Mabini
What: Elections of delegates in provinces already free
Appointment of delegates in provinces not yet free
1899 MALOLOS CONSTITUTION
(1899-1901)
PEDRO PATERNO:
Decided to create a constitution
to form a government that would
be recognized by foreign powers
1899 MALOLOS CONSTITUTION
(1899-1901)
APOLINARIO MABINI:
He was against Paterno for he believed
that peaceful conditions should first
prevail before a constitution should be
drafted. He was, however, overruled by
Paterno and his allies
DRAFTING OF CONSTITUTION
When: October 25, 1898
Who: Felipe Calderon
Issue: Separation of church and State
Emphasis: Popular government (power on legislative)
IMPLEMENTATION OF CONSTITUTION
When: January 23, 1899
Issue: The foreigner who signed the minutes of
Declaration of Independence, US Col. L.M.
Johnson
The first republican constitution in Asia
FEATURES
1. Democratic
2. 3 Branches of Government
3. Presidential form
4. Freedom of religion and separation of Church and State
5. Basic civil rights of Filipinos and foreigners (extranjeros)
The Republic, however, was a short-lived government. Its
collapse began at the start of the Philippine-American War in
February 1899 and ceased to exist with the capture of
President Aguinaldo in Palanan, Isabela in March 1901.
In July 1901, the America formally established the first civil
government in the Philippines.
1935 COMMONWEALTH CONSTITUTION
❑ Dec. 10, 1898: America colonized Philippines
❑ 1907 : Philippine Assembly was established
❑ Gov. Gen. Francis Burton Harrison led Filipinization
policy
1935 COMMONWEALTH CONSTITUTION
JONES LAW of 1916
Also known as Philippine Autonomy Act
All-Filipino legislature:
Senate President Manuel Quezon
House Speaker Sergio Osmeña
2 Filipino resident commissioners sent to US to observe US
Congress
1935 COMMONWEALTH CONSTITUTION
TYDINGS-MCDUFFIE LAW
Approved on March 24, 1934
Philippines Independence Act
It provided for the drafting and guidelines of a constitution for
a 10-year “transitional period” government before the
granting of independence.
This was known as the Commonwealth Government.
1935 COMMONWEALTH CONSTITUTION
July 30, 1934: Constitutional Convention
January 31, 1935: Draft of Constitution was finished
March 23, 1935: Approved by US Pres Franklin
Roosevelt
May 14, 1935: Ratified by Filipino
1935 COMMONWEALTH CONSTITUTION
FEATURES
1. Philippines is a ceded nation to US due to Treaty of
Paris
2. Established COMELEC
3. Creation of Philippine Armed Forces for national
defense
4. Development of the national language.
1943 CONSTITUTION (1943-1945)
Japan occupied Philippines in 1941
Commonwealth went into exile in the US
For Greater East Asia Co-Prosperity Sphere, Japan offered
to grant PH its independence
1943 CONSTITUTION (1943-1945)
Acting on the orders of the Japanese military, the
KALIBAPI, a Filipino political party that served as the
political party during the Japanese occupation, convened
and elected a Philippine Commission for Philippine
Independence (PCPI) to write a new constitution
On October 14, 1943, Philippine Republic was
inaugurated with Jose P. Laurel as President.
1943 CONSTITUTION (1943-1945)
FEATURES:
1. Condensed version of 1935 Constitution with only a
preamble and 12 articles
2. Transitory in nature as effective only during the war
3. Powers of gov’t were concentrated to President
4. National Language: Tagalog
In 1946, 1935
Constitution was
resumed
1973 CONSTITUTION (1973-1986)
What: Constitutional Convention
When: June 1, 1971. Second Term of Marcos Sr.
Where: Manila Hotel
Why: To write a new constitution that would meet
the new challenges confronting the
Republic that developed since it was
formed in 1946
1973 CONSTITUTION (1973-1986)
ISSUES:
● The delegates focused on speeches and giving themselves
allowances rather than discussion
● Peace and order due to protests and rallies
● Leyte delegate Eduardo Quintero accused Marcos of bribing
delegates to vote for a provision to extend the presidential
term of office and to change the form of government.
1973 CONSTITUTION (1973-1986)
FEATURES:
● Instead of plebiscite, it was approved by “citizen assemblies”
● Modified parliamentary form of government
● President: symbolic head of state
● Prime Minister: nominated by President and
acted as head of the Cabinet
Ferdinand
Marcos Sr. Cesar Virata
1973 CONSTITUTION
FEATURES:
● Legislative power was vested in the Batasang Pambansa
● Establishment of Constitutional Commissions:
■ Civil Service Commission
■ Commission on Elections
■ Commission of Audit
1986 FREEDOM CONSTITUTION
On March 24, 1986, President Aquino signed
Proclamation No. 3
Recognized the new Aquino administration as a
temporary revolutionary government until the
framing of a new constitution.
It basically adopted some provisions of the 1973
Constitution especially the Bill of Rights.
1986 FREEDOM CONSTITUTION
PRESIDENT:
continued to exercise legislative powers until a
legislative powers until a legislature was
convened under a new constitution
given the power to appoint the members of a
Constitutional Commission tasked to draft a new
charter
1987 CONSTITUTION
● Convened through Constitutional Commission at
Batasang Pambansa
● An overwhelming 17,059,495 voted to ratify the constitution
while 5,058,714 voted against it.
● On February 11, 1987, the New Constitution was proclaimed
ratified and in effect.
1987 CONSTITUTION
FEATURES
● Presidential system restoring bicameral congress
● Modified Bill of Rights, including the abolition of death penalty
● Creation of a Commission on Human Rights
● Recognition of Autonomous Region of Muslim Mindanao and
the Cordilleras
● Limited political autonomy for LGUs
