The Philippine

Constitution
What is Constitution?
• BASIC LAW OF THE
• LAND
SACRED AND MUST BE DEFENDED BY
PEOPLE
 British legal theorist A. V. Dicey states
three essential elements:
• The law is supreme over arbitrary and
discretionary powers

• All men are equal in the eyes of the law

• The Constitution is a result of the ordinary law of

the land
 Table of contents
01 02 03
The 1899 Malolos The 1935 The 1943
Constitution (1899- Constitution Constitution
1901) (1935-1943, 1945- (1943-1945)
04 05
1973)

The 1973 The 1987 Constitution

(1987-present).
Constitution (1973-
1986)
 MEANING:
In its broad sense, it refers to
that body of rules and
principles in accordance
with which the powers of
sovereignty are regularly
exercised.
It is also defined as written
instrument by which the
fundamental powers of the
government are
established, limited and
defined and by which these
powers are distributed
among the several
Other meanings of
Constitution
Micro meaning – a Macro meaning – the whole
document having a system of government of a
special legal status country, the collections of
which sets out the rules which establish and
framework and regulate the government. It
principal functions of is the fundamental law of
the organs of the state which contains the
government within the principles on which
government is founded, and
state and declare the
regulates the division and
The Constitution is a social
contract because people
have surrendered their
sovereign powers to the
state for the common
good. Likewise,
constitution is both a
conferment of powers and
a limitation on the
exercise of such powers,
like the provisions of the
Bill of Rights. (Judge Ed
 Kinds of
• As to their Origin and
Constitution
History • As to their Form
a. Written – one which has been
a. Conventional or enacted –
given definite written form at a
one which is enacted by a
particular time, usually by a
constitutional assembly or
special constituted authority.
granted by a monarch to his
subjects. b. Unwritten – one which is
entirely the product of political
b. Cumulative or evolved –
evolution, consisting
one which is a product of
largely of a mass of customs,
growth or a long period of
usages and judicial decisions
development originating in
together with a smaller body of
customs, traditions or judicial
statutory enactments of a
decisions rather than from a
 Kinds of
• As to the manner of
Constitution
Amending

a. Rigid or inelastic – one regarded as a

document of special sanctity which cannot be
amended or altered except by some special
machinery more cumbrous than the ordinary
legislative process.

b. Flexible or elastic – one which possesses no

higher legal authority than ordinary laws and
which may be altered in the same way as other
laws.
 Nature and Purpose

1. Serves as the supreme or 2. Establishes basic framework and

fundamental law of the land underlying principles of government
– it is the charter creating – the purpose of a constitution is to
prescribe the permanent framework
the government. It is binding
of the system of government and to
on all individual citizens and
assign to the different departments
all organs of the their respective powers and duties
government. It is the law to and to establish certain basic
which all other laws must principles on which the government
conform. is founded. It is primarily designed
to preserve and protect the rights of
individuals against arbitrary actions
of those in authority. Likewise, it
This Constitution has the following features:

It declared that sovereignty resides exclusively in the people (Title

I; Article 3);
It separated the powers of the Executive, Legislative and
Judicial branches of the government (Title II)
It separated the Church and the State (Title III)
It enumerated basic civil rights (Title IV with all of
its Articles)
It called for the creation of an Assembly of
Representatives to act as the legislative body (Title V)
It called for a Presidential form of government (Title VI &
Title VIII).
 Malolos Constitution: Background and Its Framing

AMERICAN SPANIS
S H

Admiral George General Fermin Jaudenes

Dewey

BELGIAN CONSUL

Edouard
Major General Wesley Merrit Andre
4 Department Heads aiding the President

Foreign Police and Internal

Affairs, Navy order, justice,
and Commerce education and hygiene
Finance,
War and Public agriculture and
Works manufacturing
industry
The Malolos Congress

1. Inaugurated in Barasoain Church on

September 15, 1898.
2. The delegates to Congress were to be elected and in case
provinces that had not been pacified or liberated from the
Spaniards, delegates would be appointed.
3. Powers of Congress; Watch over the General interest of the
people, and carry revolutionary laws; discuss and vote upon
said laws; discuss and approve the accounts presented
annually by the secretary of finance, as well as extraordinary
and other taxes which may hereafter imposed.
June 23, 1898- Emilio Aguinaldo
changed the Dictatorial Government
into Revolutionary Government.
The Malolos Congress
A Congressional Commission of Justice was also
provided by the decree. It was composed of nine
members:
• Vice President of Congress as Chairman
• One of the secretaries of Congress
• Seven members chosen from among the delegates to
This Commission had original watch over the general
Congress
interest of the people, and the carrying out of
revolutionary laws; to discuss and approve, prior to
their ratification, treaties and loans; to examine and
approve the accounts presented annually by the
secretary of finance, as well as extraordinary and other
 MALOLOS CONGRESS

PEDRO A. PATERNO
AMBROSIO RIANZANES BAUTISTA BENITO LEGARDA
Temporary President PRESIDEN VICE
GREGORIO T PRESIDENT
ARANETA
FIRST SECRETARY
PABLO OCAMPO
SECOND
SECRETARY
 The Malolos
01 Constitution

Where? Barasoain Church in Malolos, Bulacan.

When? promulgated on January 21, 1899
Who Drafted the Rules?
Felipe Calderón y Roca and Joaquin
Gonzales.
After the Malolos Congress was convened on September
15, 1898, a committee was selected to draft a constitution
for the republic.[5] The committee was composed of
Hipólito Magsalin, Basilio Teodoro, José Albert,
Joaquín González, Gregorio Araneta, Pablo Ocampo,
Aguedo Velarde, Higinio Benitez, Tomás del Rosario,
José Alejandrino, Alberto Barretto, José Ma. de la Viña,
José Luna, Antonio Luna, Mariano Abella, Juan Manday.
 The Malolos
01 Constitution

The Countries were the Philippine

Constitution was inspired:
elgium, Mexico, Guatemala, Costa Rica,
Brazil, France.
Felipe Calderon was assisted by
Cayetano Arellano in preparing the
Draft Plan of The Philippine
Constitution.
Arcadio Del Rosario- an appointed delegate
from Baras stressed that the Constitution
should be patterned after that of the
United States of America.
 The Malolos
01 Constitution
The Malolos Constitution was the first
important state document that the Filipino
people, speaking through their
representatives, had ever produced.
Republican in orientation, the Congress worked
hard to have a constitution for the people,
which was democratic in its aspects. It is
• unique for threeor
The Assembly reasons:
the legislative branch
was more powerful than the executive or
the judicial branch;
• It provided that when the Assembly was
not in session, a Permanent Commission,
composed of members of the Assembly,
would sit as a legislative body;
• The Constitution established a
unicameral legislature.
“The State recognizes the freedom and
equality of all religious worships, as
well as the separation of the Church
and the State”

—Article V of The
Philippine
Constitution
The 1935 CONSTITUTION
“The Philippines are
OURS, not to exploit,
but to develop, to
civilize, to educate,
to train in the
PRESIDENT
Science of self-
WILLIAM
government”
McKINLEY, in his
address to the U.S.
 SCHURMAN
COMMISSION
They arrived at
Dr. Jacob the Philippines on
Schruman March 4,
MISSI President of 1899
ON Cornell University
FAILE
D!

Major General Rear Admiral Charles Denby Dean C.

Elwell S. Otis Goerge Dewey Former American Woncester
Military Governor Commander Minister to China Professor at the
General of the Michigan
American Asiatic University
 Schurman’s Reccommendation
for the Philippines
1. Establish of territorial form of government of two houses- the
Lower house (to be elective) and the Upper House (Half
Elective, Half Appointive)
2. Removal of military Rule in the pacified areas.

3. Conservation of the natural resources of the

Philippines for the Filipinos.
4. Organization of autonomous local
governments.
5. Opening of the FREE ELEMENTARY SCHOOL.

6. Appointment of Filipino men with ability and good character

to important government offices.
 TAFT COMMISSION The Government being
established in the
Philippines is not
William designated for our
satisfaction or for the
March 16,Howard Taft expression of our
1900 theoretical views, but for
the happiness, peace and
prosperity of the people of
the Philippines. -McKinley

Dr. Luke E. Mr. Henry C. Prof. Bernard Dean C.

Wright Ide Moses Woncester
A civil government was established in the A
Philippines by virtue of Spooner Amendment Congressiona
l amendment
which passed the authority to govern the
to the Army
Philippines from U.S. President to U.S. Appropriation
William H. Taft became the First Civil American
Congress. Act of 1901
Governor but he continued to head the Taft
Commission. He had jurisdiction over the that called
for the end of
pacified provinces with the military rule in
the U.S.
effect in the unpacified Christian regions and Military
The Taft administration
the Moroland. had numerous problems. To address the
Government
issues, he worked for the passage of the Philippine Billinofthe
1902
and the purchase of Friar lands, which he accomplished
Philippines.
successfully. Taft made public his sentiment when he stated in
1903: “These Philippine Islands are going to be governed for the
 SEDITIO When the existence of complete
Declaring
N LAW that peace was proclaimed, political
during the parties were organized immediately
duration of the by the nationalists with the
war it was objectives of keeping alive the
treasonable for
any Filipino to independence sentiment of the
advocate Filipino people and counteracting
independence pro-American activities of the
FLAGor
publicly Federal Party established in 1900 by
privately,
Banning in
the Trinidad Pardo De Tavera, Cayetano
LAW
speech or print.
public display Arellano, Felipe Buencamino, Pedro
of Filipino Flag.
Paterno and Florentino Torres. The
Federal Party was working for
 In the elections of July 30,
Immedi 1907 the Partido
Macario
ate Nationalista won over
Adriatico
Progresista in the First
Indepen Manuel L.
Philippine Assembly. (59
dence Quezon Partido
seats out of 80)
Sergio Naciona
Party
Osmeña
TeodoroPARTIDO l
NATIONALISTA
Sandiko Progresi
Nationa Felipe
Isauro sta
Agoncillo
Gabaldon
list Rafael On October 6, 1907, The
Union Palma Philippine Assembly was
Leon Ma. inaugurated at the Manila Grand
Guerrero Opera House. Sergio Osmeña as
Pablo
 in 1912 he became the new
governor general of the
Philippines. he was liberal minded
and the aspiration of the Filipinos
for independence became not a
distant possibility. Likewise, the
party in power in the U.S. was the
Democratic Party, which was
sympathetic to the aspiration for
independence of the Filipinos.

Harrison’s pro-Filipino policy was

Francis Burton Harrison, a manifested when he appointed 5
Democrat, was appointed Filipinos to the Commission, thus
Governor-General of the the Filipinos had control of the
Philippines by President
 JONES
On August 29, 1916, US President
LAWsigned Public Law
Woodrow Wilson
64-240, or the Philippine
Autonomy Act. Better known as
the Jones Law, it replaced the
Philippine Organic Act of 1902 as
For basis
the theseof
conditions becomeinathe
the governance
reality, the law enunciates that the law mandated
Philippines. Philippine
greater control of Philippine
independence as soon
domestic affairs should be as "a stable
given to the Filipinos. government can be
 The law also provided for a
UPPER Bill of Rights for civil liberties
and protection from abuses
HOUSE
Philippine Commission was of power. On the other hand,
dissolved and was replaced by the law retained the existing
the Senate of the Philippines, Office of the Governor-
composed of 24 members (two General, the Supreme Court
appointive) from the 12 of the Philippines, and the
Senatorial Districts of the 2 Filipinos
Office who
of the can join
Resident
countryLOWER
for a term of 6 years. debate but had of
Commissioners nothe
right to
HOUSE vote.
Philippines to the U.S.
Philippine Assembly was The New Legislature as
renamed as the House of Congress.
specified in the Jones Law
Representatives, with 93 was inaugurated on August
members elected (nine 29, 1916. Quezon was senate
appointive) with term of 3 president and Osmeña as
 Wood was sent to the Philippines
in 1921 to replace Harrison. Not
long after, he antagonized the
Philippine Legislature and Filipino
leaders. The tension between
wood and Filipino leaders
escalated resulting in the
resignation of Quezon and
Osmeña from the council state.
He abolished the council state and
He died in 1927 while vacationing
governed the country without the
General Leonard Wood, under in US. He was succeeded by three
cooperation of the legislature.
whose administration the governor generals who held office
Cabinet Crisis of 1923 happened briefly – Henry Stimson, Dwight
because of his anti-Filipino Davis and Theodore Roosevelt.
Policies sent to Philippines by They restored the good
 The Hare–Hawes–Cutting Act passed to authors
Congress Butler B. Hare, Senator Harry B. Hawes
and Senator Bronson M. Cutting. The Hare–
Hawes–Cutting Act was the first US law passed
setting a process and a date for the Philippines
to
It gain independence
passed by the Unitedfrom the Congress
States United States.
in
December 1932, but was vetoed by U.S.
President Herbert Hoover. Congress overrode
the veto on January 17, 1933. The
The OsRox Mission Philippine Senate was required to ratify the law.
(1931) was a With leaders such as Manuel L. Quezon opposing
campaign for self- it, the Philippine
Though Senate rejected
not a constitution the bill.
itself, the
government and Hare–Hawes–Cutting Act of 1932 was the
United States precursor the Tydings–McDuffie Act, which laid
down the promise of independence to the
recognition of the
Philippines after 10 years of transition period
independence of the and other provisions; however, because of
Philippines led by infighting within the Philippine Congress, it was
Tydings-McDuffie Act,
(1934), the U.S. statute that
provided for Philippine
independence, to take effect on
July 4, 1946, after a 10-year
transitional period
of Commonwealth government.
The bill was signed by U.S. Pres.
The Philippine
Franklin Independence
D. Roosevelt on MarchAct
was authored
24, 1934, andbywas
Senator
sent Milliard
to the
Tydings (Democrat)
Philippine Senate forand
approval.
Representative John McDuffie
(Democrat).
The 1935 Constitution was written,
approved and adopted in 1934 by
the Commonwealth of the
Philippines (1935–1946) and later
used by the Third Republic (1946–
1972). It was written to meet
requirements set forth in the
Tydings–McDuffie
The Commonwealth ActConstitution
to prepare the
country for its
was ratified to independence.
prepare the country
for its independence. This
constitution was dominantly
influenced by the Americans, but
possess the traces of the Malolos
constitution, the German, Spanish,
and Mexican constitutions,
It originally provided for a
unicameral legislature
composed of a president and
vice president elected for a The draft of the constitution was
six-year term without re- approved by the convention on
election. It was amended in February 8, 1935, and was
1940 to provide for a ratified by President Roosevelt in
bicameral legislature Washington, D.C., on March 25,
composed of a Senate and a 1935. Elections were held on
House of Representatives. The September 16, 1935, and
President is to be elected to a Manuel L. Quezon was elected
four-year term, together with as the first President of the
the vice-president, with one Commonwealth of the
re-election; the right of Philippines.
suffrage for male citizens of
the Philippines who are
Executive power was meant to be
exercised by the Prime Minister who
was also elected from among the
sitting Assemblymen. The Prime
Minister was to be the
head of government and
Commander-in-Chief of the
Armed Forces. This constitution was
subsequently
From amended
October 16–17, fouratimes
1976,
(arguablyoffive,
majority depending
barangay on(also
voters how
one considers
called "Citizens'Proclamation
Assemblies")No. 3 of
1986, seethat
approved below).
martial law should be
continued and ratified the
amendments to the Constitution
[31]
The 1973 Constitution was further amended
in 1980 and 1981. In the 1980 amendment,
the retirement age of the members of the
judiciary was extended to 70 years. In the The last
1981 amendments, the parliamentary amendments in
system was formally modified into a French- 1984 abolished
style semi-presidential system and provided: the Executive
• that executive power was restored to the Committee and
President; restored the
• that direct election of the President was position of
restored; Vice-president
• for an Executive Committee composed of (which did not
the Prime Minister and not more than 14 exist in the
members was created to "assist the original,
President in the exercise of his powers and unamended
functions and in the performance of his 1973
While the 1973 Constitution ideally provided for a true
parliamentary system, in practice, Marcos made use of
subterfuge and manipulation in order to keep executive
powers for himself, rather than devolving these to the
Assembly and the cabinet headed by the Prime Minister.
The result was that the final form of the 1973
Constitution – after all amendments and subtle
manipulations – was merely the abolition of the Senate
and a series of cosmetic rewordings. The old American-
derived terminology was replaced by names more
associated with a parliamentary government: for
example, the House of Representatives became known as
the "Batasang Pambansa" (National Assembly),
departments became "ministries", and their cabinet
secretaries became known as "cabinet ministers", with
Immediately following the
1986 People Power Revolution that ousted Marcos,
President Corazon C. Aquino issued Proclamation No.
3 as a provisional constitution. It adopted certain
provisions from the 1973 Constitution while
abolishing others. It granted the President broad
powers to reorganize government and remove
officials, as well as mandating the president to
appoint a commission to draft a new Constitution.
This document, described above, supplanted the
"Freedom Constitution" upon its ratification in 1987.
This is the transitional constitution that lasted a year
and came before the constitution. It maintained
many provisions of the 1973 Constitution, including