Definition of Constitution
Definition of Constitution
the basic principles and laws of a nation, state, or social group that determine the
powers and duties of the government and guarantee certain rights to the people in it. A
written instrument embodying the rules of a political or social organization. A body of
fundamental principles or established precedents according to which a state or other
organization is acknowledged to be governed.
Old Constitution
The Philippines has had a total of six constitutions since the Proclamation of
Independence on June 12, 1898. In 1899, the Malolos Constitution, the first Philippine
Constitution—the first republican constitution in Asia—was drafted and adopted by the First
Philippine Republic, which lasted from 1899 to 1901.
During the American Occupation, the Philippines was governed by the laws of the United
States of America. Organic Acts were passed by the United States Congress for the
administration of the Government of the Philippine Islands. The first was the Philippine Organic
Act of 1902, which provided for a Philippine Assembly composed of Filipino citizens. The
second was the Philippine Autonomy Act of 1916, which included the first pledge of Philippine
independence. These laws served as constitutions of the Philippines from 1902 to 1935.
In 1934, the United States Congress passed the Philippine Independence Act, which set
the parameters for the creation of a constitution for the Philippines. The Act mandated the
Philippine Legislature to call for an election of delegates to a Constitutional Convention to draft a
Constitution for the Philippines. The 1934 Constitutional Convention finished its work on
February 8, 1935. The Constitution was submitted to the President of the United States for
certification on March 25, 1935. It was in accordance with the Philippine Independence Act of
1934. The 1935 Constitution was ratified by the Filipino people through a national plebiscite, on
May 14, 1935 and came into full force and effect on November 15, 1935 with the inauguration of
the Commonwealth of the Philippines. Among its provisions was that it would remain the
constitution of the Republic of the Philippines once independence was granted on July 4, 1946.
In 1940, the 1935 Constitution was amended by the National Assembly of the
Philippines. The legislature was changed from a unicameral assembly to a bicameral congress.
The amendment also changed the term limit of the President of the Philippines from six years
with no reelection to four years with a possibility of being reelected for a second term.
During World War II the Japanese-sponsored government nullified the 1935 Constitution
and appointed Preparatory Committee on Philippine Independence to replace it. The 1943
Constitution was used by the Second Republic with Jose P. Laurel as President.
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into
effect. The Constitution remained unaltered until 1947 when the Philippine Congress called for
its amendment through Commonwealth Act No. 733. On March 11, 1947 the Parity amendment
gave United States citizens equal rights with Filipino citizens to develop natural resources in the
country and operate public utilities. The Constitution, thereafter, remained the same until the
declaration of martial law on September 23, 1972.
Before President Marcos declared Martial Law, a Constitutional Convention was already
in the process of deliberating on amending or revising the 1935 Constitution. They finished their
work and submitted it to President Marcos on December 1, 1972. President Marcos submitted it
for ratification in early January of 1973. Foreseeing that a direct ratification of the constitution
was bound to fail, Marcos issued Presidential Decree No. 86, s. 1972, creating citizens
assemblies to ratify the newly drafted constitution by means of a Viva Voce vote in place of
secret ballots. Marcos announced that it had been ratified and in full force and effect on January
17, 1973. Although the 1973 Constitution had been “ratified” in this manner, opposition against it
continued. Chief Justice Roberto V. Concepcion in his dissenting opinion in the case
of Javellana v. Executive Secretary, exposed the fraud that happened during the citizen’s
assembly ratification of the 1973 Constitution on January, 10 – 15, 1973. However, the final
decision of this case was that the ratification of the 1973 Constitution was valid and was in
force.
When democracy was restored in 1986, President Corazon C. Aquino issued
Proclamation No. 3, suspending certain provisions of the 1973 Constitution and promulgating in
its stead a transitory constitution. A month later, President Aquino issued Proclamation No. 9, s.
1986, which created a Constitutional Commission tasked with writing a new charter to replace
the 1973 Constitution. The commission finished its work at 12:28 a.m. of October 16, 1986.
National Plebiscite was held on February 2, 1987, ratifying the new constitution. On February
11, 1987, by virtue of Proclamation No. 58, President Aquino announced the official canvassing
of results and the ratification of the draft constitution. The 1987 Constitution finally came into full
force and effect that same day with the President, other civilian officials, and members of the
Armed Forces swearing allegiance to the new charter.
COMMEMORATION OF CONSTITUTION DAY
For every constitutional change the Philippines has experienced, a corresponding
proclamation was issued in order to celebrate the date that each charter was put into full force
and effect—with the exception the 1943 Constitution.
President Emilio Aguinaldo issued the first proclamation that celebrated
the effectiveness of a constitution in 1899 on January 23, 1899. In the Proclamation, President
Aguinaldo ordered the release of Spanish prisoners under the custody of the Philippine
revolutionary forces, to mark the inauguration of the First Philippine Republic. No subsequent
proclamations were issued because of the outbreak of the Philippine-American War and the fall
of the First Philippine Republic in 1901.
When the United States Congress authorized the creation of a constitution for the
Philippines in accordance with the Tydings-Mcduffie Act of 1934, a Constitutional Convention
was established to draft a charter for the Philippines and it finished its work on February 8,
1935. On the inauguration of the Commonwealth of the Philippines on November 15, 1935, the
new charter came into full force and effect. A year later, President Manuel L. Quezon issued
Proclamation No. 36, s. 1936, declaring the 8th of February of every year as Constitution Day to
commemorate the completion of the 1934 Constitutional Convention’s task. This
commemoration was observed throughout the Commonwealth of the Philippines and the Third
Republic, up until the declaration of martial law on September 23, 1972. (President Ferdinand E.
Marcos reiterated President Quezon’s original proclamation by issuing Proclamation No. 10, s.
1966.)
In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a
new charter, the 1973 Constitution. In commemoration, President Marcos, repealed President
Quezon’s Proclamation No. 36, s. 1936, by virtue of Proclamation No. 1219, s. 1973, which
moved Constitution Day from February 8 to January 17 of every year. This proclamation
commemorated the day when President Marcos certified that the new Constitution had been
ratified. Constitution day was commemorated until the end of President Marcos term but was
overshadowed by the Proclamation making September 21st of every year “Thanksgiving day”,
the date indicated on Presidential Proclamation No. 1081, s. 1972: Martial law, however, was
actually declared two days later when President Marcos announced it through nationwide
television.
When democracy was restored in 1986, the 1973 Constitution was replaced by first the
freedom constitution, also known as Proclamation No. 3, s. 1986, then our current constitution,
the 1987 Constitution. This constitution came into full force and effect on February 11, 1987,
after President Corazon C. Aquino issued Proclamation No. 58, s. 1987. The proclamation
issued by President Aquino included the results of the plebiscite held on February 2, 1987.
After the ratification of the 1987 Constitution, President Aquino issued Proclamation No.
211 s, 1988, which moved the commemoration of Constitution Day from January 17 to February
2 of every year—a proclamation still in effect to this day.
New Constitution
Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987
Constitution of the Republic of the Philippines was presented to President Corazon C.
Aquino on October 15, 1986. It was ratified on February 2, 1987 by a plebiscite. It was
proclaimed in force on February 11, 1987.
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.
The first thing that a reader interested in Philippine affairs will probably inquire is
as to the nature of the Commonwealth Government which is being established. Will it be
a semi-independent state? There is no doubt that when the American Congress
adopted the name "commonwealth" it was inspired by the precedents of Anglo-
American