Name: OBAOB, GERALD F.

LAGASCA, PRINCESS B.
OLBEROS, CHEENLYLYN C.
LCUESTA, JACKIE MAE A.

Evolution Of The Philippine Constitution

A CONSTITUTION is defined as the fundamental law of a nation or state. It is also described as

"the highest expression of the law."
The constitution is written by a Constitutional Convention which is a body assembled for the
express purpose of framing or writing a constitution, revising an existing one, or proposing
amendments to it.
After writing the constitution, the draft constitution or its amendments/revisions are submitted to
a plebiscite

7 History of the Philippine Constitutions

1. The Biak-na-Bato Republic Constitution (1897)
The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of General
Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo, Bulacan.

2 FILIPINOS WHO WERE TASKED TO WRITE THE CONSTITUTION

•Isabelo Artacho and Felix Ferrer
- Both decided to adopt the provisions of the Constitution framed in Jimaguayu, Cuba and from
this, the Constitution of Biak-na-Bato was formulated.

THE UNIQUE FEATURES OF BIAK-NA-BATO CONTITUTIONS

•its preamble reiterated the objective of the Revolution which was "the separation of the
Philippines from the Spanish monarchy and their formation into an independent state with
its own government."
 • The government that was formed was a Supreme Council composed of a President, a
Vice-President, a Secretary of the Interior, a Secretary of Foreign Relations, a Secretary of
War, and a Secretary of the Treasury.
• This Council had sweeping powers of government which included the power to issue
orders and other laws for the security of the State, to impose and collect taxes, to raise an
army, to ratify treaties, and to convene an Assembly of Representatives."
• The official language was Tagalog
• The judiciary power was vested in another Supreme Council of Justice.
• Articles XXII to XXV were essentially the Bill of Rights accorded to every Filipino.
2. The Malolos Republic Constitution (1899)

On June 12, 1898, Philippine independence was declared and, two weeks later, Aguinaldo ordered
the convening of a Congress in Malolos, Bulacan.

The Malolos Constitution was the first republican constitution in Asia. Its main features were
as follows:
~ It was based on democratic traditions in which the government formed was "popular,
representative and responsible" with three distinct branches-the executive, the legislative,
and the judicial.
~It called for a presidential form of government with the president elected for a term of
four years by a majority of the Assembly convened as a constituent assembly;
~ It recognized the freedom of religion and the separation of the Church and State;
~ It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners,
through a Bill of Rights (Articles XIX to XXIII).

3. The 1935 Constitution and the Commonwealth Government

For over a decade, the Americans ran the government in the Philippines with Filipinos given a role
in the legislative function when the Philippine Assembly was established in 1907. It was only
during the administration of Governor-General Francis Burton Harrison (1913-1921) that the
Filipinization policy of the government was put in place.
From 1918 to 1932, there were at least five Philippine independence missions to the United States.
The efforts paid off with the creation and approval of the Tydings-McDuffie Law by the US
Congress. This law was approved on March 24, 1934 and was known as the Philippine
Independence Act.
It provided for the drafting and guidelines of a constitution for a 10-year "transitional period"
government before the granting of independence. This was known as the Commonwealth
Government.
3 BRANCHES OF GOVERNMENT
•Executive. Carries out and enforces laws.
•Legislative. Authorized to make, alter, and repeal law.
•Judicial. Evaluates & interprets the meaning of laws, applies laws to individual cases, and
decides if laws violate the Constitution.
4. The Japanese Occupation and the Second Philippine Republic (1943 Constitution)
The Commonwealth Government was interrupted by the Second World War and the Japanese
Occupation of the Philippines. The Commonwealth under President Manuel Quezon went into
exile in the United States. As part of their policy of attraction in their Greater East Asia Co-
Prosperity Sphere program, the Japanese offered to grant the Philippines its independence.
KALIBAPI (Kapisanan ng Paglilingkod sa Bagong Pilipinas) a Filipino political party that served
as the political party during the Japanese occupation, convened and elected a Philippine
Commission for Philippine Independence (PCPI) to write a new constitution. This was finished
and signed on September 4, 1943 in a public ceremony and ratified by the KALIBAPI a few days
later. On October 14, 1943, as provided for in the new constitution, the Second Philippine Republic
was inaugurated with Jose P. Laurel as President.
-Tagalog declared as a national language

5. The 1973 Constitution and the Marcos Dictatorship

On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel. Its purpose was
to write a new constitution that would meet the new challenges confronting the Philippine Republic
that developed since it was formed in 1946. It was during the second term of President Ferdinand
Marcos that the convention opened.
When President Marcos declared martial law on September 21, 1972. He abolished Congress and
reorganized the government. Several days later, the convention was reconvened and a draft
constitution was finally finished and approved on November 30. Instead of being ratified by a
plebiscite, however, Marcos submitted it to “citizen assemblies” that was formed to approve or
reject the new constitution.
The amended Constitution also granted the President several powers and functions which were
originally vested in the Prime Minister and the Cabinet.
The 1973 Constitution remained in force until the February 22-25 EDSA People Power
Revolution of 1986 which toppled the Marcos administration. It was abolished with the adoption
of the 1986 Freedom Constitution by the administration of President Corazon Aquino.

6. The Freedom Constitution (1986)

On March 24, 1986, President Aquino signed Proclamation No. 3 entitled “Declaring a National
Policy to Implement the Reforms Mandated by the People, Protecting their Basic Rights, Adopting
a Provisional Constitution, and Providing for an Orderly Transition to a Government under New
Constitution.”
The provisional constitution, later called the “Freedom Constitution,” was proclaimed, setting
aside the 1973 Constitution thereby recognizing the new Aquino administration as a temporary
revolutionary government until the framing of a new constitution. It basically adopted some
provisions of the 1973 Constitution especially the Bill of Rights.

7. The 1987 Constitution

Consist of 18 Articles with Preamble
• 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
•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
3 Consecutive Terms
The Sectoral representatives are members of party-list organizations who can give “voice” to
significant minorities of society that may not be adequately represented through geographical
district.
The Senate is composed of 24 senators who are elected and serve for six-year terms with half the
senators elected every three years.
The Supreme Court is the Philippines’ highest judicial court, as well as the court of last resort.
The court consists of 14 associate justices and a chief justice.