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The Evolution of The Philippine Consti

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11 views35 pages

The Evolution of The Philippine Consti

Uploaded by

Katrina Legarde
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1897:

Constitution of
BIAK-NA-BATO
• a revolutionary government
established by Emilio Aguinaldo
and his forces during the
Philippine Revolution against
Spain.

• The Biak-na-Bato Constitution was


drafted during this period,
outlining the principles of the
revolutionary government and
establishing a provisional
government under Aguinaldo.
The republic was short-lived, as Aguinaldo and his forces were
eventually forced to surrender to the Spanish authorities under the
Pact of Biak-na-Bato. This agreement led to Aguinaldo's exile to
Hong Kong and a temporary cessation of hostilities.
The Malolos Constitution (1899)

The first Philippine This constitution established a It was in effect from 1899 to
Constitution, also the first democratic, representative 1901, until the fall of the First
republican constitution in government with a Philippine Republic under
Asia, was drafted and president as head of state. American occupation.
adopted by the First Philippine
Republic..
• drafted by Felipe Calderón and Felipe Buencamino,
• established a republican government with three branches:
executive, legislative, and judicial,
• enshrined the separation of church and state and guaranteed
basic civil rights
American Rule and the
Philippine Organic Act

Philippine Organic Act (also

01 known as the Philippine Bill)


was enacted by the United
States Congress, establishing a
civil government in the
• established on July 1, 1902
Philippines

02 Philippine Organic Act of 1902


introduced a bicameral
legislature and provided for a
gradual transition towards self-
governance
American Rule and the
Philippine Organic Act

• a bill of rights for the Filipinos,


the appointment of two Filipino nonvoting Resident
Commissioners to represent the Philippines in the United States
Congress, and
the disestablishment of the Roman Catholic Church.
conservation of natural resources for the Filipinos
exercise of executive power by the civil governor who would
have several executive departments
establishment of the Philippine Assembly to be elected by the
Filipinos two years after the publication of a census and only
after peace had been restored completely in the country
THE KEY PROVISIONS:
• a bill of rights for the Filipinos,
• the appointment of two Filipino nonvoting
Resident Commissioners to represent the
Philippines in the United States Congress, American Rule
and the
and
• the disestablishment of the Roman
Catholic Church.
• conservation of natural resources for the
Filipinos
• exercise of executive power by the civil
Philippine
governor who would have several
executive departments
Organic Act
• establishment of the Philippine Assembly
to be elected by the Filipinos two years
after the publication of a census and only
after peace had been restored completely
in the country
Jones Laws

• also known as the Jones Act, the Philippine Autonomy


Act, and the Act of Congress of August 29, 1916
• was an Organic Act passed by the United States
Congress
• acted as a constitution of the Philippines from its
enactment until 1934, when the Tydings–McDuffie Act
was passed (which in turn led eventually to the
Commonwealth of the Philippines and to
independence from the United States). The Jones Law
created the first fully elected Philippine legislature.
Jones Laws

• also known as the Jones Act, the Philippine Autonomy Act,


and the Act of Congress of August 29, 1916
• was an Organic Act passed by the United States Congress
• acted as a constitution of the Philippines from its
enactment until 1934, when the Tydings–McDuffie Act was
passed (which in turn led eventually to the Commonwealth
of the Philippines and to independence from the United
States). The Jones Law created the first fully elected
Philippine legislature.
American Colonial Period

Establishment of the Passage of the Drafting of the Jones


Philippine Commission Philippine Organic Act Law

Established by the United Granted limited self- Promised eventual


States to govern the government and established independence and expanded
Philippines during the colonial the Philippine Assembly. the powers of the Philippine
period. legislature.
The 1935
Commonwealth
Constitution

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 Act to prepare the country
for its independence.
Drafting and Adoption
Convening of the Constitutional Convention
The 1935 Constitution was drafted by a Constitutional Convention
convened in 1934.

Incorporation of American Influences


The 1935 Constitution incorporated elements of the U.S.
presidential system.

Ratification by the Filipino People


The 1935 Constitution was ratified by the Filipino people through a
plebiscite.
Key Features

01 02
Outlined the structure and
03
Established a presidential powers of the executive, Granted suffrage to women
system legislative, and judicial
branches.

04 05 06
Expanded political Included a Bill of Rights Ensured protection of
participation and individual liberties and
representation. freedoms.
Amendments and Revisions

Strengthened Increased Legislative Centralized


Presidency Control Government

Expanded executive powers Congress gained more Reduced autonomy of local


and authority. oversight and approval rights. governments.
The 1943 Japanese-
Sponsored
Constitution
The 1943 Constitution was the
constitution of the Japanese-
sponsored Second Republic of the
Philippines (1943-1945). It was
recognized as legitimate and binding
only in Japanese-controlled areas of
the Philippines but was ignored by
the United States government and
the Philippine Commonwealth
government in-exile.
The 1943 Japanese-
Sponsored
Constitution

The 1943 Constitution was the constitution of the Japanese-sponsored Second Republic of the
Philippines (1943-1945). It was recognized as legitimate and binding only in Japanese-
controlled areas of the Philippines but was ignored by the United States government and the
Philippine Commonwealth government in-exile.
After the fall of Bataan and Corregidor in 1942, the
01
Philippines was under Japanese control.

The Japanese military administration began establishing


02
a puppet government, aiming to control the country's
resources and manpower for the war effort.

In 1943, the Japanese-sponsored Second Philippine

03 Republic was established, with Jose P. Laurel as


president.
• Preparatory Commission for Philippine
Independence (PCPI), composed of 20 delegates,
was created to draft a new constitution by the
Kalibapi (Kapisanan sa Paglilingkod sa Bagong
Pilipinas)], the only political organization allowed at
that time. The Japanese monitored the drafting of
the constitution and instructed the members of
PCPI, led by Jose P. Laurel, that the constitution
should conform with the principles of the Greater
East Asia Co-Prosperity Sphere. In September
1943, the draft constitution was unanimously
approved by all members of the PCPI and was
submitted for ratification in a popular convention of
the Kalibapi in Manila.
Martial Law and the Marcos Regime
Expanded Presidential Powers Suspension of Civil Liberties Centralization of Government

Allowed President Marcos to Resulted in widespread Weakened checks and


consolidate authority and human rights abuses and balances, concentrating
rule by decree. political repression. power in the presidency.
Amendments and
Controversies

 Expanded Presidential Powers


The 1973 Constitution granted the president expanded
executive powers, leading to concerns about authoritarian
rule.

 Martial Law Provisions


The constitution included provisions that enabled the
declaration of martial law, which was later used by
Ferdinand Marcos.
Amendments and
Controversies

Abolition of Congress
The 1973 Constitution abolished the
bicameral Congress, replacing it with
a unicameral National Assembly
under presidential control.
Transition to Democracy

Established a Expanded Allowed for a longer


parliamentary system presidential powers term

Shifted the government Granted the president Extended the president's term
structure from presidential to increased authority and from 4 to 6 years.
parliamentary. control.
The 1987
Constitution
Drafting and Adoption

Convening of the Constitutional Commission

The 1986 People Power Revolution led to the convening of


the Constitutional Commission to draft a new constitution.

Participatory Drafting Process

The drafting process involved extensive public consultations


and debates to incorporate the people's aspirations.
Drafting and Adoption

Ratification by the People

The proposed constitution was


ratified by the Filipino people
through a national referendum.
Key Features

01 02 03

Expanded Bill of Rights Separation of Powers Local Autonomy

Strengthened civil liberties Checks and balances Devolution of power to


and political rights. between branches of local government units.
government.
Subsequent
Amendments

Expanded Bill of Increased Revised Legislative


Rights Presidential Powers Structure
Strengthened civil liberties and Allowed the President to Adjusted the composition of the
political rights. appoint more officials. Senate and House.
1987:
Current
Constituti
on
The 1987 Philippine Constitution is the supreme law of the Philippines,
replacing the 1973 Constitution that was implemented under the Marcos
regime. It was drafted by a Constitutional Commission appointed by
President Corazon Aquino following the People Power Revolution of 1986
and ratified through a nationwide plebiscite on February 2, 1987.

The Philippine Constitution affirms that sovereignty, the power of the


state, resides in the people. Thus, the power to effect changes to the
Constitution lies with the people as well.
Key Features of the
1987 Constitution
Bill of Rights: The constitution enshrines a comprehensive Bill of Rights
Democratic and Republican State: The Philippines is established as a that guarantees fundamental freedoms and protections for all citizens,
01 democratic and republican state, where sovereignty resides in the
people and government authority emanates from them.
02 including the right to life, liberty, and property; freedom of speech,
expression, and the press; freedom of religion; and the right to due
process of law.

Separation of Powers: The constitution establishes a system of


03 separation of powers, dividing governmental authority among three
branches: the legislative, executive, and judicial branches.
04 Legislative Branch: The Congress, composed of the Senate and the
House of Representatives, is responsible for making laws.

05 Executive Branch: The President, elected by the people, is the head of


state and head of government. 06 Judicial Branch: The Supreme Court, with lower courts established by
law, is responsible for interpreting and applying the law.

Independent Constitutional Commissions: The constitution establishes


three independent constitutional commissions: the Civil Service Local Government Autonomy: The constitution recognizes and
07 Commission (CSC), the Commission on Elections (COMELEC), and the
Commission on Audit (COA). These commissions enjoy fiscal autonomy
08 promotes the autonomy of local governments, giving them significant
power in managing their affairs.
and are designed to ensure checks and balances within the government.
Significance of the 1987 Constitution

The 1987 Constitution is considered a landmark document in Philippine


history, representing a break from the authoritarian rule of the Marcos
regime and a commitment to democratic principles. It has served as the
foundation for a more democratic and just society, providing a framework for
governance, protecting fundamental rights, and promoting national
development.
Thank You
Thank You

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