1899: MALOLOS
CONSTITUTION
After signing of the truce, the Filipino revolutionary leaders accepted a payment from Spain and
went to exile in Hong Kong.
May 1, 1898 - upon the defeat of the Spanish to the Americans in the Battle of Manila Bay,
the United States Navy transported Aguinaldo back to the Philippines.
June 12, 1898 - the newly reformed Philippine revolutionary forces reverted to the control
of Aguinaldo, and the Philippine Declaration of Independence was issued, together with
several decrease that formed the First Philippine Republic.
September 17, 1898 - the Malolos Congress was elected, which neglected a commission to
draw up a draft constitution, which was composed of WEALTHY AND EDUCATED MEN.
November 29, 1898 – the document they came up with, approved by the Congress, and
promulgated by Aguinaldo on January 21, 1899, was titled “The Political Constitution of
1899” or “The Malolos Constitution of 1899” and written in Spanish.
The constitution has 101 articles
divided into 14 titles,
with 8 articles of transitory provisions,
and a final additional article.
The Constitution was inspired by the constitution of Mexico, Guatemala, Costa Rica,
Brazil, Belgium and France.
According to Felipe Calderon, main author of the constitution, these countries were studied
because they shared similar: social, political, ethnological, governance conditions with the
Philippines.
Prior constitutional projects in the Philippines also influenced the Malolos Constitution,
namely, the Kartilya and the Sanggunian-Hukuman, the charter of laws and morals of the
Katipunan written by Emilio Jacinto in 1896;
the Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho; Mabini’s Constitutional
Program of the Philippine Republic of 1898; the provisional constitution of Mariano Ponce in
1898 that followed the Spanish constitutions; and the autonomy projects of Paterno in 1898
The Political Constitution of 1899 established a democratic, republication government
with three branches – the executive, legislative and the judicial branches.
It called for the separation of church and state.
Executive power was vested in the PRESIDENT of the Republic with the help of his
cabinet.
Legislative power was vested in A UNICAMERAL BODY called the Assembly of
Representatives, members of which are elected for terms of four years.
Judicial Power was vested in one Supreme Court and in such lower courts as maybe
established by law.
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 sovereignty of the Philippines on
December 10, 1898.
The 1st Philippine republic lived only in two years from January 23, 1899
to March 23, 1901.
It was ended on the day when Gen. Emilio Aguinaldo captured by the
Americans.
1935 Constitution
THE COMM0NWEALTH PERIOD
Philippine Independence Act
- Tydings-McDuffie Law, was signed by U.S President Franklin D. Roosevelt on
March 24, 1934
- Approved on May 1 . 1934, by the Philippine Legislature
The Philippine Legislative Act - Enacted on May 5, 193
- May 14, 1935 – abolished and suspended by the National Assembly
1935 CONSTITUTION
(CONSTITUTION OF THE COMMONWEALTH
OF THE PHILIPPINES)
Drawn up under the terms of Public Law 73-127 or Tydings-
Mcduffie Act
Served as basis for an independent Philippine Government from
1946-1973.
Provided
the legal foundation of the Commonwealth
Government
FEAUTURES OF 1935
CONSTITUTION
Authored by the Constitutional Commission of 1934
headed by Claro M. Recto
Bicameral legislature composed of a Senate and House
Representatives
Presidentis to be elected to a 4-year term together with
Vice-President without re-election
Citizens may be required to render military or civil service
Congress is responsible for making enabling laws
FEAUTURES OF 1935
CONSTITUTION
Authors of the Commonwealth Constitution were
unable to choose what government they wanted
The 1935 Constitution became one of the reason for
the Philippines to attain independence against
American regime
A republican government with a Bill of Rights an
assertive National Assembly a strong Executive and
an Independent Judiciary.
AMENDMENTS TO THE 1935
CONSTITUTIONS
1. 1st Amendment
By virtue of the Tydings-Mcduffie Act of
August 7, 1939 the appended ordinance
was amended at a plebiscite on Oct.
341,939 and approved by President
Roosevelt on November 10, 1939
AMENDMENTS TO THE 1935
CONSTITUTIONS
2. 2nd Amendment – (1940)
Firstly, the National Assembly was abolished and in its place a Congress of
the Philippines was created to begin operating after the elections in November
1941. This body is a bicameral legislature, consisting of a Senate and a House of
representative.
Secondly the term of office of the President and Vice-President was decreased
from 6 to 4 years with reelection for the President provided the total number of
years he served in office did not exceeded 8 consecutive years.
Thirdly, an independent Commission on Elections was created
AMENDMENTS TO THE 1935
CONSTITUTIONS
2. 3rd Amendment (1947)
The amended allowed citizens of the United states and business enterprises
owned or controlled by such citizens equal rights in the disposition, exploitations,
development and utilization of natural resources and the operation of public
utilities in the country.
WHAT DOES THE
DOCUMENT/ARTIFACT SAY?
CONSTITUTION OF THE PHILIPPINES
The
Filipino people, imploring the aid of Divine Providence, in order to
establish a government that shall embody their ideals, conserve and
develop the patrimony of the nation, promote the general welfare, and
secure to themselves and their posterity the blessings of independence
under a régime of justice, liberty, and democracy, do ordain and
promulgate this Constitution.
WHAT DOES THE
DOCUMENT/ARTIFACT SAY?
Article I.—THE NATIONAL TERRITORY
ARTICLE II.—DECLARATION OF PRINCIPLES
ARTICLE III.—BILL OF RIGHTS
ARTICLE IV.—CITIZENSHIP
ARTICLE V.—SUFFRAGE
WHAT DOES THE
DOCUMENT/ARTIFACT SAY?
ARTICLE VI.—LEGISLATIVE DEPARTMENT
ARTICLE VII.—EXECUTIVE DEPARTMENT
ARTICLE VIII.—JUDICIAL DEPARTMENT
ARTICLE IX.—IMPEACHMENT
ARTICLE X.—GENERAL AUDITING OFFICE
WHAT DOES THE
DOCUMENT/ARTIFACT SAY?
ARTICLE XI.—CIVIL SERVICE
ARTICLE XII.—CONSERVATION AND UTILIZATION OF NATURAL
RESOURCES
ARTICLE XIII.—GENERAL PROVISIONS
ARTICLE XIV.—AMENDMENTS
ARTICLE XV.—TRANSITORY PROVISIONS
WHAT DOES THE
DOCUMENT/ARTIFACT SAY?
ARTICLE XVI.—SPECIAL PROVISIONS EFFECTIVE UPON THE
PROCLAMATION OF THE INDEPENDENCE OF THE PHILIPPINES.
ARTICLE XVII.—THE COMMONWEALTH AND THE REPUBLIC
SOURCES:
LEGAL RESEARCH BY RUFUS RODRIGUEZ
STUDOCU
WIKIPEDIA
1973 Constitution
PARLIAMENTARY FORM | DIFFERENCES FROM 1935 | REFERENCES FOR LEGAL
RESEARCH |PRESIDENT AND THE BATASANG BAYAN | 1973 AMENDMENTS
Parliamentary form of government
replaced the presidential
What constitute a parliamentary government?
President – Head of the state
Prime Minister – Head of the government
National Assembly
Differences from 1935 Constitution
Form of government
Term Limits
Bill of Rights
Legislative Branch
Provision on Martial Law
Judiciary
References for Legal Research
PRIMARY SOURCES
Official Gazette
Constitutional Convention Archives
Vicente V Mendoza’s From Mckinely’s Instruction to the Constitution
SECONDARY SOURCES
Enrique m Fernando, Consitution o the Philippines, Centarl Book
Neptali Gonzales, Philippone Consitutional Law, 4th edition
President and the Batasang Bayan
is a quasi-legislative machinery set up in compliance with the mandate expressed
in the referendum of July 1973
composed of members o the Executive Committee of the Katipunan ng mga
Sanggunian, one representative each 13 regions
Amendments tot the 1973 Constitution
The Constitution was amended in 1976 to allow Marcos to run for re-election and
to grant him emergency powers to address the country's economic problems.
Dissolution of National Assembly
Appointment o Prime Minister
Extension of the term of President
Re-election
THE PROVISIONAL
“FREEDOM”
CONSTITUTION
What is the Freedom Constitution?
This was a provisional constitution, in place during the transitional period until a
comprehensive new constitution could be drafted and ratified.
When was the Freedom Constitution
Created?
It was promulgated by President Corazon C. Aquino upon Presidential
Proclamation no. 03 on March 25, 1986
The Legitimacy of the Cory Administration and the Freedom
Constitution
In re: Saturnino v Bermudez, GR no. 76180:
The court said, in part: “For the legitimacy of the Aquino
government is not a justiciable matter. It belongs to the
realm of politics where only the people of the Philippines
are the judge. And the people have made the judgment; they
have accepted the government of President Corazon C.
Aquino which is in effective control of the entire country so
that it is not merely a de facto government but is in fact and
law a de jure government. Moreover, the community of
nations has recognized the legitimacy of the present
government.”
De Jure and De Facto Governments
A de jure government (government of A de facto government (government of
law) is an organized government of a fact) is a government which actually
state which has the general support of the exercises power or control but without
people. legal title.
The Freedom Constitution as a
Transitional Constitution
The freedom Constitution was created after the abolishment of the 1973
Constitution within the Period known as the “Interregnum” and before the
creation of the 1987 Constitution.
Interregnum
In the Philippine setting, the interregnum occurred after the abolishment of the
1973 Constitution wherein there was no existing constitution at the time.
Purpose of the Freedom Constitution as to
Human Rights
In Republic v Sandiganbayan, GR no. 104768:
“During the interregnum, a person could not invoke any exclusionary right under
a Bill of Rights because there was neither a constitution nor a Bill of Rights
during that interregnum. However, the Universal Declaration of Human Rights
remained in effect.”
Mandate of the Freedom Constitution
DECLARING A NATIONAL POLICY TO IMPLEMENT REFORMS
MANDATED BY THE PEOPLE PROTECTING THEIR BASIC RIGHTS,
ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN
ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW
CONSTITUTION
Article 1 – Adoption of the Article 2 – The President, Vice
Provisions of the 1973 Constitution President and the Cabinet
Provisions of the 1973 Constitution Until a legislature is elected and
which are adopted in toto: convened under a New Constitution,
the President shall continue to
Art 1, Art 3, Art 5 and Art 6
exercise legislative power.
All other Articles of the 1973
Constitution was adopted and
amended in the Freedom Constitution
Art 3 - Government
Reorganization Art 4 – Existing Laws
the reorganization of the government, All existing law shall remain operative
priority shall be given to measures to unless otherwise repealed or amended
promote economy, efficiency, and the upon a new Constitution.
eradication of graft and corruption.
Art 5 – Adoption of a New Constitution
60 days after the proclamation of the Freedom Constitution, there shall be a
Constitutional Commission designated to create a new constitution.
Sources:
Legal Research by Rufus Rodriguez
Lawphil.net
Official gazette
Wikisource.org
The 1987 Philippine
Constitution
History of the 1987 Philippine
Constitution
Aquino began her term by repealing many of the Marcos-era regulations that had
repressed the people for so long. In March, she issued a unilateral proclamation
establishing a provisional constitution. This constitution gave the President broad
powers and great authority, but Aquino promised to use them only to restore
democracy under a new constitution. This new constitution was drafted in 133
days by an appointed Constitutional Commission of 48 members and ratified by
the people in a plebiscite held on February 2, 1987. It was largely modelled on the
American Constitution which had so greatly influenced the 1935 Constitution, but
it also incorporated Roman, Spanish, and Anglo law.
Highlights of the 1987 Philippine
Constitution
The 1987 Constitution established a representative democracy with power divided
among three separate and independent branches of government: the Executive, a
bicameral Legislature, and the Judiciary. There were three independent
constitutional commissions as well: the Commission on Audit, the Civil Service
Commission, and the Commission on Elections. Integrated into the Constitution
was a full Bill of Rights, which guaranteed fundamental civil and and political
rights, and it provided for free, fair, and periodic elections. In comparison with the
weak document that had given Marcos a legal fiction behind which to hide, this
Constitution seemed ideal to many Filipinos emerging from 20 years of political
repression and oppression.
Issues the 1987 Constitution aimed to
address
Economic development – how to ensure that economic growth also benefits the
poorer classes
Minority rights – how to ensure multi-ethnicity and pluralism for religious and
ethnic minorities
De-concentration of power – how to reduce the considerable power of the
political and economic elites and give more actual power to the people
Better governance – how to make government more effective in meeting the
nation’s aspirations
Spreading growth – how to have more even regional development
Challenges faced by the 1987 Philippine
Constitution
Corruption
Poor law enforcement and an ineffective justice system
Lack of transparency and accountability in public office
Polarization between the few who are wealthy and the many who are poor
Weak actual protection of the human rights of vulnerable groups (women,
children, minorities, journalists, political activists)
Involvement of the military in political questions
Ending the Muslim insurgency in southern Mindanao
The 1987 Philippine Constitution
PREAMBLE
ARTICLE I National Territory
ARTICLE II Declaration of Principles and State Policies
ARTICLE III Bill of Rights
ARTICLE IV Citizenship
ARTICLE V Suffrage
ARTICLE VI Legislative Department
ARTICLE VII Executive Department
ARTICLE VIII Judicial Department
ARTICLE IX Constitutional Commissions
The 1987 Philippine Constitution
ARTICLE X Local Government
ARTICLE XI Accountability of Public Officers
ARTICLE XII National Economy and Patrimony
ARTICLE XIII Social Justice and Human Rights
ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports
ARTICLE XV The Family
ARTICLE XVI General Provisions
ARTICLE XVII Amendments or Revisions
ARTICLE XVIII Transitory Provisions
