1987 Constitution

ARTICLE VIII.
Tagalog shall be the official language of the Republic

➢​ In Article 8 of the 1897 Constitution, they used Tagalog in drafting and

assembling the constitution."

Article IX
The decisions of the Council of Government shall be determined by a majority vote,
and all the members of the same shall take part in its deliberations.

➢​ In December 1897, Aguinaldo’s Supreme Council debated and voted on the

Spanish peace offer known as the Pact of Biak-na-Bato. Following Article IX of the
1897 Constitution, the decision to accept the truce was made by majority vote.
Aguinaldo went into exile, but Spain later broke its promises, leading to renewed
war in 1898.

ARTICLE V.
The President. Vice-President, Secretary, and Sub-Secretary can hold no other office
in the Republic.

➢​ Emilio Aguinaldo served solely as President, relinquishing his military command,

while Mariano Trías acted only as Vice-President. Secretaries such as Isabelo
Artacho focused exclusively on their assigned roles, maintaining a clear separation
of powers and preventing the concentration of authority.

https://sibika.ph/Module/module-2-philippine-revolution
Biak-na-Bato Government Appointments List (1897) in Philippine Revolutionary
Records

Aguinaldo's Memoirs of the Revolution (Chapter on Biak-na-Bato period)

Guevara, S. (1972). The Laws of the First Philippine Republic

https://thecorpusjuris.com/constitutions/1897-constitution.php

https://nhcp.gov.ph/the-first-philippine-republic/
1899 Malolos Constitution​

Article 69. To the President belongs the power to issue regulations for the compliance and
application of the laws in accordance with the requisites prescribed in said laws

➢​ Emilio Aguinaldo applied this power during his presidency to manage

revolutionary forces, establish a national treasury, and regulate military and civil
affairs. These regulations helped ensure the effective implementation of laws,
especially amid the challenges of war and nation-building.

Article 4. The Government of the Republic is popular, representative, alternative, and

responsible, and shall exercise three distinct powers: namely, the legislative, the executive, and
the judicial. Any two or more of these three powers shall never be united in one person or
cooperation, nor the legislative power vested in one single individual.

➢​ Article 4 of the 1899 Malolos Constitution established a system of government

with three distinct powers: legislative, executive, and judicial. It emphasized the
separation of these powers to prevent any individual or group from holding
multiple roles. While the executive was led by President Aguinaldo, the legislative
power rested with the Malolos Congress, and the judiciary was meant to handle
legal matters. However, the full implementation of this separation faced challenges
due to the ongoing revolution.

Article 5. The State recognizes the freedom and equality of all religions, as well as the separation
of the Church and the State.

➢​ Article 5 of the Malolos Constitution guaranteed religious freedom and the

separation of church and state. This was a response to the Catholic Church's
influence during Spanish rule. The Malolos Republic aimed to prevent religious
institutions from interfering with government affairs and promoted a secular state,
though full separation was challenging during the early years. This principle laid
the foundation for future religious equality in the Philippines.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/365
https://nhcp.gov.ph/articles/la-primera-the-1899-philippine-constitution/
https://www.jstor.org/stable/2142663

1935 Philippine Constitution

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all
government authority emanates from them.
➢​ In 1941, the Philippine national elections were a key moment where the people
exercised their sovereignty as outlined in Section 1. The elections allowed Filipinos
to choose their representatives, including the President, which was an exercise of
their power to determine government leadership.

Section 1. The Philippines comprises all the territory ceded to the United States by the Treaty of
Paris concluded between the United States and Spain on the tenth day of December, eighteen
hundred and ninety-eight, the limits which are set forth in Article III of said treaty, together
with all the islands embraced in the treaty concluded at Washington between the United States
and Spain on the seventh day of November, nineteen hundred, and the treaty concluded
between the United States and Great Britain on the second day of January, nineteen hundred
and thirty, and all territory over which the present Government of the Philippine Islands
exercises jurisdiction.

➢​ In 1946, when the Philippines gained full independence from the United States,
the application of Section 1 was evident. The territorial boundaries outlined in the
Treaty of Paris and other agreements were recognized by both the Philippine
government and international bodies. The sovereignty over these territories,
including the Sulu Archipelago, the Spratly Islands, and other disputed territories,
remained a subject of political and legal discussions.

Section 5. No person shall serve as President for more than eight consecutive years. The period
of such service shall be counted from the date he shall have commenced to act as President.
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service of the incumbent for the full term for which he was
elected.

➢​ President Manuel L. Quezon was elected in 1935 and re-elected in 1941. His second
term was intended to end in 1945, meaning he would have served exactly 10 years had
the constitutional term limits not been affected by World War II and the Japanese
occupation. However, the war disrupted the regular function of the Commonwealth
Government, and Quezon continued to serve in exile until his death in 1944.
 While Quezon’s extended presidency did not formally violate Section 5 due to
extraordinary circumstances (wartime governance in exile), this section of the
Constitution was a safeguard against long-term executive power and intended to
prevent a president from holding office beyond two full terms.

https://lawphil.net/judjuris/juri1964/may1964/gr_l-6025_1964.html
https://en.wikipedia.org/wiki/1935_Philippine_presidential_election
https://www.britannica.com/event/Treaty-of-Paris-1898
https://www.britannica.com/biography/Manuel-Quezon

1973 Philippine Constitution

Article XVII – Amendments or Revisions

➢​ In 1973, the legitimacy of the newly ratified Constitution was challenged in the
Supreme Court case Javellana v. Executive Secretary. Petitioners argued that the
Constitution was not properly ratified. However, the Court ruled that there was no
further judicial obstacle to the new Constitution being considered in force and
effect.

Article VII – The President

Scenario: President Ferdinand Marcos declared Martial Law in 1972, citing threats to
national security. Under the 1973 Constitution, the President had the authority to declare
Martial Law and suspend the writ of habeas corpus in cases of invasion or rebellion. This
led to significant changes in the political landscape of the Philippines.

Article III – Citizenship

➢​ Scenario: The 1973 Constitution allowed individuals born to either Filipino father
or mother to be considered Filipino citizens. This provision was significant in
promoting gender equality in citizenship laws, as it recognized the right of women
to pass on citizenship to their children.

https://en.wikipedia.org/wiki/Ratification_Cases?utm_source=chatgpt.com

https://www.slideshare.net/FSBTLEDNathanVince/1973-constitution-reportpptx
https://www.scribd.com/presentation/417475596/Nationality-and-Citizenship-Unde
r
1987 Philippine Constitution​
​
Article V, Section 1 – Suffrage

➢​ In 2003, the Philippines enacted the Overseas Absentee Voting Act, allowing
qualified Filipinos residing abroad to participate in national elections. This
development was rooted in Article V, Section 1 of the 1987 Constitution, which
ensures the right to vote for all citizens meeting specific residency and age
requirements.

​
Article V – Suffrage, Section 1

➢​ The 1987 Constitution lowered the voting age from 21 to 18, expanding the
electorate and empowering younger citizens to participate in the democratic
process. This change was evident in the 1987 elections, where many first-time
voters aged 18-20 exercised their right to vote, contributing to the restoration of
democratic institutions after the Marcos regime.

Article III, Section 1 – Bill of Rights

➢​ The 1987 Constitution's Bill of Rights ensures that no person shall be deprived of
life, liberty, or property without due process of law. This provision has been pivotal
in various legal cases where individuals' rights were at stake, ensuring fair treatment
under the law.

https://aceproject.org/ace-ar/topics/va/country-case-studies/the-philippines-the-first-e
xperience-of-external/mobile_browsing/onePag
https://www.slideshare.net/HollieSimmons/bill-of-rights-scenarios
1. 1897 Biak-na-Bato Constitution​
​ The 1897 Biak-na-Bato Constitution was written during the Philippine
Revolution against Spain. It was a short, simple document created by Filipino rebels
led by Emilio Aguinaldo. Its main goal was to unite the revolutionary forces and
declare the Philippines as an independent nation. The constitution set up a temporary
government with a president and a council, but it wasn’t meant to last. At the time, the
revolutionaries were more focused on fighting Spain than building a detailed
government system.
This constitution is important because it was our first step toward self-rule. It
showed that Filipinos were willing to work together for freedom, even if they were still
figuring out how to govern. Sadly, the revolutionaries and Spanish officials later signed
a peace agreement (the Pact of Biak-na-Bato), which ended the fighting but didn’t
grant independence. Aguinaldo and other leaders were sent into exile, and the
constitution was never fully used. Still, it planted the idea that Filipinos could govern
themselves, paving the way for future constitutions.

2. 1899 Malolos Constitution​

​ The 1899 Malolos Constitution was the first official constitution of the
Philippines after we declared independence from Spain in 1898. It created the First
Philippine Republic, with Emilio Aguinaldo as president. This constitution was
groundbreaking—it separated church and state, guaranteed freedoms like religion and
speech, and set up a democratic government with three branches: executive, legislative,
and judicial. It was inspired by European democracies and showed the world that
Filipinos wanted a modern, fair society.
Unfortunately, the Philippines was soon dragged into the Philippine-American
War, and the U.S. refused to recognize our independence. The Malolos Constitution
was abandoned after just a year, but its ideas lived on. It proved that Filipinos were
capable of creating a progressive government, even if foreign powers didn’t let it
survive. Today, it reminds us of our early fight for democracy and the importance of
protecting our sovereignty.

3. 1935 Constitution​
​ The 1935 Constitution was written when the U.S. promised to grant the
Philippines independence after a 10-year transition period called the Commonwealth.
It established a presidential system of government, with Manuel L. Quezon as the first
president. This constitution focused on preparing the country for full independence
by creating stable institutions, like Congress and the Supreme Court. It also
emphasized education, land reform, and national identity.
World War II disrupted the Commonwealth, and Japan occupied the Philippines from
1942 to 1945. After the war, the 1935 Constitution was restored and guided the
country until 1972. It gave Filipinos hope and a sense of pride as we moved toward
independence in 1946. However, it also had weaknesses, like allowing politicians to
stay in power for too long. Despite its flaws, it laid the foundation for the democratic
system we still use today.

4. 1973 Constitution​
​ The 1973 Constitution was created under President Ferdinand Marcos, who
declared martial law in 1972. It replaced the presidential system with a parliamentary
government, which Marcos used to keep himself in power as both president and prime
minister. This constitution weakened democratic checks and balances, allowing
Marcos to rule as a dictator. Many people were arrested, silenced, or killed during this
time, and corruption spread.
The 1973 Constitution is remembered as a dark period in Philippine history.
Marcos used it to justify his authoritarian rule, claiming it would bring “reforms.”
Instead, it led to poverty, human rights abuses, and a loss of trust in government. The
1986 People Power Revolution finally overthrew Marcos, and the 1973 Constitution
was replaced. It teaches us how easily power can be abused if we don’t protect our
democracy.

5. 1987 Constitution​
​ The 1987 Constitution was drafted after the People Power Revolution to
restore democracy and prevent another dictatorship. It brought back the presidential
system but added safeguards like term limits, a stronger Bill of Rights, and
independent constitutional bodies (e.g., the Commission on Human Rights). It also
gave more power to local governments and emphasized social justice, education, and
economic equality.
This constitution is the longest-lasting in Philippine history and remains in use
today. While it has helped protect freedoms and hold leaders accountable, problems
like political dynasties, corruption, and inequality still exist. Some people argue it needs
reforms to address modern challenges. Still, the 1987 Constitution symbolizes our
commitment to democracy and serves as a reminder that freedom requires constant
vigilance from all citizens.
1. Executive

The Executive branch is responsible for implementing and enforcing laws. It is led by the
President, who also serves as the head of state and government in the Philippines.

This branch ensures that the laws created by the legislative branch are carried out properly.
It manages national affairs such as public safety, foreign policy, national defense, and
delivery of basic services. The Executive plays a key role in day-to-day governance and
leadership.

2. Legislative

The Legislative branch is in charge of making laws. In the Philippines, it is composed of the
Senate (Upper House) and the House of Representatives (Lower House).

This branch creates laws that guide the country’s direction. It also approves the national
budget, declares war if needed, and checks the powers of the Executive. It represents the will
of the people through their elected officials.

3. Judicial

​
The Judicial branch interprets and applies the law. It includes the Supreme Court and
other lower courts in the Philippines.

The Judiciary ensures that justice is served and protects the rights of citizens. It resolves
disputes and checks whether laws or government actions are constitutional. This branch
helps maintain fairness and the rule of law in society.

4. Federalism

Federalism is a system of government where power is shared between a central government

and regional governments (also called states or regions). Each level of government has its
own responsibilities.
Federalism is proposed as a way to give more autonomy to local governments, allowing
them to create policies that best fit their own regions. Supporters believe it could lead to
more balanced development across the country, especially for provinces outside Metro
Manila. It is seen as a possible solution to promote regional empowerment and address
long-standing issues like poverty and uneven development.