Evolution of the Philippine Constitution

What is a Constitution?
Defined as a set of fundamental principle or established precedent according to which a state or other organization is
governed, thus the word itself means to be part of a whole, the coming together of distinct entities into one group with the
same principles and ideals. These define the nature and extent of government.

The Philippine Constitution

Constitution of the Philippines

Filipino: Saligang Batas ng Pilipinas o Konstitusyon ng Pilipinas

the constitution or the supreme law of the Republic of the Philippines

The Constitutional Commission finished the final draft on October 12, 1986,
and it was approved by a national referendum on February 2, 1987.
The country has also been successfully ruled by three previous constitutions during its history: the Commonwealth
Constitution of 1935, the Constitution of 1973, and the Freedom Constitution of 1986.

Treaty of Biak-na-Bato

On December 15, 1897, Emilio Aguinaldo, the leader of the Philippine Revolution, and Spanish colonial Governor-General
Fernando Primo de Rivera agreed to a truce that would put an end to the uprising.

The agreement was signed in San Miguel, Bulacan, at the home of Pablo Tecson, a brigadier general in General Gregorio
del Pilar's "Brigada Del Pilar" (military force) during the Philippine Revolution.
The main terms of the Biak-na-bato Pact, according to General Emilio Aguinaldo writing in 1899, were that he and any of
his associates who desired to go with him would be free to live in any foreign country; the entire payment was to be made to
him personally; and the remainder of the insurgent forces under Captain-General de Rivera should send two Generals of the
Spanish Army to Biak-na-bato to be held as hostages by his associates
The expulsion of the religious corporations from the Philippines and the establishment of an autonomous political and
administrative system were also agreed upon, but General Primo de Rivera specifically requested that these conditions not
be included in the Treaty because doing so would expose the Spanish Government to harsh criticism and even ridicule.
According to the first clause of the agreement, Aguinaldo and 25 other senior revolutionaries were sent away to Hong Kong
with $MXN400,000 in their possession. The remaining males each received MXN200,000. Nonetheless, the third payment was
never made.

Constitution of Biak-na-Bato

The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine Republic during the Philippine
Revolution.
During the Philippine Revolution, Emilio Aguinaldo served as the second revolutionary republican leader of the Republic of
Biak-na-Bato. It took over from the previous administration, which referred to itself as the Republic of the Philippines. The
name that is most usually used was changed by historians later to avoid confusion with the modern Republic of the
Philippines.
The Biak-na-Bato republic only survived for a little over a month, despite its
accomplishments, which included the creation of the Philippines' first ever
constitution. Aguinaldo and the Spanish Governor General, Fernando Primo
de Rivera, signed a peace deal that disestablished it and provided for
Aguinaldo and his important allies to be exiled to Hong Kong.

The Republic of Biak-na-Bato was one of several revolutionary Filipino nations that
were established to overthrow the Spanish colonial government in the Philippines
but were unable to win recognition from other countries. The Tejeros administration
and the Central Executive Committee, two other similarly unrecognized nations, came
before and after it.
Malolos Constitution

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.

The constitution explicitly detailed safeguards against abuses and listed the national and personal rights of all people, not
only Filipinos and foreigners. The Assembly of Representatives, which was consisted of representatives chosen legally,
wielded the legislative functions.
The constitution was written by Felipe Calderón y Roca and Felipe
Buencamino as an alternative to a pair of proposals to the Malolos
Congress by Apolinario Mabini and Pedro Paterno. After a lengthy
debate in the latter part of 1898, it was promulgated on 21 January
1899.

The Malolos Constitution is known as the Constitución Política de Malolos and it was written in Spanish. Following the
Declaration of Independence from Spain on June 12, 1898 and transformation of the dictatorial government to a revolutionary
government on 23 June, the constitution was convened in Barasoain Church in Malolos (now Malolos City, Bulacan).

Issues during the Malolos Constitution

 Separation of the church and government
 Identifying the status of each
 Free education in public elementary schools
 Protection of lives, homes and property
 Collection of taxes in accordance with the law
 Executive and Judicial power

Commonwealth Constitution (1935)

The Commonwealth of the Philippines (1935–1946) drafted, adopted, and used the 1935 Constitution, which was later used
by the Third Republic (1946–1972). It was created to comply with the demands outlined in the Tydings-McDuffie Act in
order to get the nation ready for independence. In order to get the nation ready for independence, the Commonwealth
Constitution was ratified. The Malolos Constitution, the German, Spanish, and Mexican Constitutions, the constitutions of
various South American nations, and the unwritten English Constitution all left their marks on this document, which was
mostly influenced by Americans. It originally called for a unicameral government with a president and vice president chosen for
a six-year term without the option of running for re-election. A bicameral legislature consisting of a Senate and a House of
Representatives was made possible by an amendment made in 1940. The right to vote for male citizens of the Philippines who
are twenty-one years of age or older and can read and write was protected; this protection later extended to the right of
suffrage for women two years after the adoption of the constitution. The president and vice president are elected to four-year
terms with one opportunity for re- election. On February 8, 1935, the conference accepted the draft constitution, and
President Roosevelt ratified it in Washington, D.C. at 25 March 1935. On September 16, 1935, elections were held, and
Manuel L. Quezon was chosen to serve as the Commonwealth of the Philippines' inaugural president.

The Philippine Organic Act of 1902

The United States Congress passed the Philippine Organic Act, a fundamental piece of legislation for the Insular
Government, on July 1, 1902. In honor of its creator Henry A. Cooper, it is often referred to as the Cooper Act and the
Philippine Bill of 1902. The Philippine-American War had officially ended when the measure was approved.
The Army Appropriations Act of 1901's Spooner Amendment, which came before the current law, featured the following
provisions:

"... all military, civil, and judicial powers necessary to govern the Philippine Islands ... shall until otherwise provided by
Congress be vested in such person and persons, and shall be exercised in such manner, as the President of the United
States shall direct, for the establishment of civil government, and for maintaining and protecting the inhabitants of
said Islands in the free enjoyment of their liberty, property, and religion."

On July 1, 1902, the act was signed into law, and the Philippine Commission carried out its directives. The results of a 1903
census were released on March 25, 1905. The first Philippine Legislature was sworn in in the Manila Grand Opera House
on October 16, 1907, following the July 30, 1907, elections for the 80 seats in the Philippine Assembly.

As a result of the measure, the Catholic Church consented to sell its property and gradually replace Spanish priests
with Filipinos. But it declined to send the friars back to Spain right away. Over half of the friars' holding—166,000
 hectares—which was acquired by the American administration in 1904 was in the Manila region. The land was resold to
Filipinos, the majority of whom were estate owners but some of whom were renters.

The Joneslawof1916

The United States Congress passed the Jones Law, also known as the Jones Act, the Philippine Autonomy Act, and the Act of
Congress of August 29, 1916. The law was passed in place of the Philippine Organic Act of 1902 and served as the country's
constitution until the Tydings- McDuffie Act was passed in 1934 (which in turn led eventually to the Commonwealth of the
Philippines and to independence from the United States). The first fully elected Philippine legislature was established by the
Jones Law.

On August 29, 1916, the 64th United States Congress passed the bill,

which was the first formal the federal government's commitment to granting the Philippine independence.
and official statement of

The measure also made the Philippine Legislature the country's first fully elected body, increasing its independence from the
US government. The lower house (the Philippine Assembly) was elected under the Philippine Organic Act of 1902, whilst the
upper house (the Philippine Commission) was appointed. The Philippine Assembly was renamed the House of
Representatives under the Jones Law, which also provided for the election of both houses. The governor general of the
Philippines, who was always an American, continued to serve as the head of the executive branch.

Japanese Occupation/Second Republic (1943)

The Philippine Executive Commission, a body set up by the Japanese to govern the Philippines in place of the Commonwealth
of the Philippines, which had created a government-in-exile, constituted a committee to draft the 1943 Constitution. The
Filipinos were promised "the honor of independence" by Japanese Premier Hideki Tojo in the middle of 1942, which meant
that the commission would be replaced by a formal republic.
Those with prior experience serving as delegates to the conference that wrote the 1935 Constitution made up a sizable
portion of the Preparatory Committee for Philippine Independence, which was tasked with creating a new constitution.
However, their plan for the republic to be founded during the Japanese occupation would have a short lifespan, indirect
parliamentary elections rather than direct ones, and a stronger executive branch.
The new charter was confirmed in 1943 by an assembly of selected province representatives of the KALIBAPI, the fascist
political organization founded by the Japanese to replace all prior political parties, following the committee's ratification of the text. After
the Kalibapi assembly approved it, the Second Republic was formally established (1943–1945). On October 14, 1943, José P.
Laurel was inaugurated as president following his election by the National Assembly. Laurel was well-liked by the Japanese
due to his degree from the Tokyo Imperial University and his public criticism of American policy in the Philippines.

The United States, the Commonwealth of the Philippines, and the guerrilla groups who supported them never acknowledged
the 1943 Constitution as legal or binding, but it was still in effect in the parts of the Philippines that were under Japanese
control. President Laurel effectively ruled by decree in late 1944 when he declared war on the United States and the British
Empire. In December 1944, his administration likewise fled, first to Taiwan and later to Japan. The Second Republic was
formally dissolved by Laurel with the declaration of Japan's capitulation.
The 1943 Constitution gave the executive branch substantial autonomy. Only individuals deemed to be opposed to the United
States were eligible to run for office in the unicameral National Assembly, which served as the legislature. However, in actuality,
most members were appointed rather than elected.

Constitutional Authoritarianism (1973)

After Ferdinand Marcos proclaimed martial law, the 1973 Constitution was adopted with the intention of establishing a
parliamentary system of government. A unicameral National Assembly, whose members were chosen for six-year
terms, held the authority to enact legislation. The President was idealized as the symbolic and purely ceremonial head of
state elected from among the Members of the National Assembly for a six-year term with the option of limitless re-election.
The President was no longer a member of the National Assembly after being elected. The President was prohibited from
holding any other position or belonging to a political party while he was in office.
The Prime Minister, who was also chosen from from the Assemblymen in office, was supposed to exercise executive
authority. The Commander-in-Chief of the Armed Forces and head of state were to be the Prime Minister.
 In 1980 and 1981, the 1973 Constitution underwent more changes. The retirement age for members of the judiciary was
raised to 70 years old in the 1980 amendment. The legislative system was formally changed into a semi-presidential
system in the French manner by the reforms of 1981, which provided that:
the President once again possessed executive authority direct
presidential election was reinstated
because the Prime Minister was only the head of the Cabinet, an executive committee with no more than 14 members
was established to "help the President in the exercise of his powers and responsibilities and in the execution of his
duties as he may prescribe"
provided that a natural-born Filipino citizen who has lost his citizenship may get a transfer of private land for use
as his dwelling and for electoral changes

Freedom Constitution(1986)

President Corazon C. Aquino issued Proclamation No. 3 as a temporary constitution immediately after the People Power
Revolution of 1986 that forced Marcos from power. Some of the 1973 Constitution's provisions were adopted, while others were
repealed. It mandated the president to convene a committee to draft a new, more formal Constitution and gave the president
considerable authority to restructure the government and dismiss officials. With the approval of this document in 1987, the "Freedom
Constitution" was replaced. This was the interim constitution, which was in place for a year before the final constitution. Many of the
1973 Constitution's provisions were still in place, including—though in a modified form—the president's authority to rule by decree.
The President appoints 48 members to the Convention.
The 1986 Freedom Constitution was promulgated by Presidential Proclamation on March 25, 1986.

The 1987 Constitution

The Philippines' current Constitution.

The 1987 Constitution of the Republic of the Philippines was delivered to President Corazon C. Aquino on October 15, 1986, after
being approved by the 1986 Constitutional Commission on October 12, 1986. A plebiscite on February 2, 1987 resulted in its
approval. It became operative on February 11, 1987.

The 1987 Constitution established a representative democracy with the Executive, a bicameral Legislature, and the
Judiciary as the three distinct and independent parts of government. The Commission on Audit, the Civil Service
Commission, and the Commission on Elections were three more independent constitutional commissions. A comprehensive Bill of
Rights, which guaranteed fundamental civil and political rights and called for free, fair, and regular elections, was incorporated
into the Constitution.

Branches or Separation of Powers in the 1987 Constitution

THE EXECUTIVE BRANCH
The President and Vice President, who make up the Executive branch, are chosen directly by the people and hold office for a
period of six years. According to the Constitution, the President has the power to choose his cabinet. The government's
bureaucracy is largely composed of these departments.

I. The President
The President of the Philippines has executive authority under Article VII, Section 1 of the 1987 Constitution. As
commander-in-chief of the Philippine Armed Forces, the President serves as both the nation's head of state and
government. The President is in charge of all executive offices, bureaus, and departments as the chief executive.

Powers of The President

1. Power of control over the executive branch

2.Power ordinance
Six issuances that the President may issue: Executive orders; Administrative Orders; Proclamations;
Memorandum Orders; Memorandum Circulars; General or Special Powers
3. Power over aliens
4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth
5. Power of appointment
6.Power of general supervision over local governments
7. Other powers
 II. The Vice President
The Vice President of the Philippines is chosen directly by the electorate for a six-year term, with one opportunity for reelection.
After a regular election is held, the vice president of the Philippines takes office at noon on June 30.

Duties of The Vice President

The vice president may simultaneously take on a cabinet position under the constitution, provided the Philippine
President offer the former one. Along with holding the vice presidential office, the vice president will also serve as
secretary. In addition to serving in the cabinet, the vice president is required to take over as president in the
event of the incumbent's decease, incapacity, or resignation.

III. Cabinet Secretaries

Cabinet secretaries serve as the president's alter ego, carrying out in their various departments the authority of the Office of
the President with his authority. Depending on an administration's needs, the number of cabinet secretaries changes from
time to time. The Administrative Code of 1987 states that the Philippine President may establish or abolish any
department as he sees suitable.

IV. Local Governments

The President of the Philippines is required to oversee local governments around the nation by Article X, Section 4 of the
constitution. The Local Government Code of 1991, also known as Republic Act No. 7160, grants local governments a certain
amount of independence from the federal government.
According to Section 17 of the Local Government Code, local governments are required to offer a variety of social services
and amenities, including the following:
facilities and research services for agriculture and fishery activities, which include seedling nurseries,
demonstration farms, and irrigation systems;
health services, which include access to primary health care, maternal and child care, and medicines,
medical supplies and equipment;
social welfare services, which include programs and projects for women, children, elderly, and persons
with disabilities, as well as vagrants, beggars, street children, juvenile delinquents, and victims of drug
abuse;
information services, which include job placement information systems and a public library; a solid waste
disposal system or environmental management system; municipal/city/provincial buildings, cultural
centers, public parks, playgrounds, and sports facilities and equipment;
infrastructure facilities such as roads, bridges, school buildings, health clinics, fish ports, water supply
systems, seawalls, dikes, drainage and sewerage, and traffic signals and road signs;
public markets, slaughterhouses, and other local enterprises; public
cemetery;
tourism facilities and other tourist attractions; and
sites for police and fire stations and substations and municipal jail.
The following is the list of local chief executives:
barangay — punong barangay (barangay chairman) municipality —
municipal mayor
city — city mayor
province — provincial governor
THE LEGISLATIVE BRANCH

Through the authority granted to the Philippine Congress, the legislative branch is empowered to enact, amend, and
abolish laws. The Senate and the House of Representatives make up this institution.

The House of Representatives shall consist of not more than 250 members (unless otherwise fixed by law), with 20% of
those members having to be Party-list representatives. The Senate shall be made up of twenty-four Senators who
shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

In addition to occasionally amending or changing the constitution itself, Congress is responsible for creating enabling
laws to ensure that the constitution's spirit is respected throughout the nation. The legislative body produces two basic
documents: bills and resolutions, which are used to create laws.
Resolutions convey principles and sentiments of the Senate or the House of Representatives.
Bills are laws in the making.

THE JUDICIAL BRANCH

The judicial branch has the authority to resolve disputes regarding legally demandable and enforceable rights.
Whether or not there has been a serious abuse of discretion amounting to a lack or excess of jurisdiction on the part
and instrumentality of the government is determined by this branch. There is a Supreme Court and several courts
inside it. The Supreme Court has the authority to declare a treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation unlawful, which is expressly granted by
the Constitution.
According to established legal precedent, the Supreme Court and the lower courts have judicial authority. Its responsibility
is to resolve actual disputes involving legally enforceable and demandable rights. The judiciary has financial independence.
The Legislature is not allowed to cut its appropriation below what was allocated the year before.