CHAPTER 4


 
SOCIAL, POLITICAL,
ECONOMIC AND
CULTURAL
ISSUES IN THE
PHILIPPINE HISTORY
 THE EVOLUTION OF THE
PHILIPPINE CONSTITUTION

 Constitution is defined as a set of fundamental
principles or established precedents according to
which a state or other organization is governed

 The constitution of the Philippines is the supreme

law of the republic of the Philippines has been in
effect since 1897

 There were only 3 constitution that have effectively

governed the Philippines: the 1935, 1973 and 1987
constitution.
 1897 CONSTITUTION

The constitution of the Biak na Bato
Promulgated by the Philippine
Revolutionary Government on November
01, 1897
The constitution borrowed in Cuba is written
by Isabelo Artach and Felix Ferrer in Spanish
and later on translated into Tagalog
 THE ORGANS OF THE
GOVERNMENT UNDER THIS
CONSTITUTION

SUPREME
COUNCIL
(president and 4
cabinet secretaries)

SUPREME THE ASSEMBLY

COUNCIL OF OF
GRACE AND REPRESENTATIVE
JUSTICE S
This constitution was never been
 since a truce,
fully implemented
The Pact of Biak na Bato was
signed between the Spanish and
the Philippine revolutionary
army.
 1899 MALOLOS
CONTITUTION

 On June 12, 1898 together with the several decree
that formed the 1st Philippine republic, the Malolos
congress was elected, which selected a commission
to draw up a draft constitution on September 17 1898
which was composed of wealthy and educated men.

 The document they came up with was approved by

the congress on November 29, 1898 and promulgated
by Aguinaldo on January 21, 1899 entitled the
political constitution of 1899 written in Spanish
 It consist of 39 articles divided into 14 titles with 8
articles of transitory provisions and a final additional
article


 It was patterned after the Spanish constitution of 1812
 Felipe Calderon is the main author of the constitution
 Prior constitutional projects in the Philippines also
influenced the Malolos constitution, namely the Kartilya
and the Sanguniang- Hukuman, the charter of laws and
morals of the katipunna written by Emilio Jacinto in
1896; the constitution planned by Isabelo Artacho;
Mabini’s Constitutional Program of the Philippine
Republic of 1898; The provisional Constituion of
Mariano Ponce in 1898 that followed the Spanish
constitution; and the autonomy project of Paterno in
1898.
 1935 THE COMMON
WEALTH CONSTITUTION

 After the Treaty of Paris . happened on December
10, 1898, the Philippine was subjected to the power
of U.S.A, the new colonizer of the country.
 From 1898 to 1901, (3 years) the Philippines will be
placed under a military government until a civil
government would be put into place.
 There are 2 acts of the U.S congress that were passed
that may be consider to have qualities of
constitutionality.
The 1st one is the Philippine Organic Act Of 1902- it is
provided for the creation of a popularly elected
Philippine Assembly.

This act specify that the legislative power would be
vested in a bicameral legislature composed of the
Philippine Commission as the upper house and the
Philippine Assembly as the lower house

Provisions of the act include the Bill Of Rights of

Filipino and the appointment of 2 non voting Filipino
Resident Commissioners of the Philippines as a
representative to the United States House of
Representatives
Philippine Organic Act Of 1902

UPPER HOUSE
Philippine
Commission

LOWER HOUSE
Philippine
Assembly


Benito Tuazon
Legarda

Pablo
Ocampo y de
Leon
The 2nd act that functioned as a constitution was
the Philippine Autonomy Act Of 1916 or so
called the Jones Law

It modified the structure of the Philippine
government through the removal of the
Philippine Commission, replacing it with Senate
that served as the upper house and its members
elected by Filipino voters, the first truly elected
national legislature.
This act also declares the purpose of the United
States to end the sovereignty over the
Philippines and recognize Philippine
independence as soon as stable government can
be established
Philippine Autonomy Act Of 1916

UPPER HOUSE
Philippine
(#13)Commission Senate
(#14)
LOWER HOUSE
Philippine
Assembly
In 1932 through the joint effort of the two
Filipinos headed by Sergio Osmania and

Manuel Roxas. The U.S congress passed
the Hare-Hawes Cutting Act that promise
the granting of Filipino Independence.

 This Bill opposed by the senate president

Manuel L. Quezon consequently rejected
by the Philippine Senate.
 Headed by Sergio Osmenia and Manuel
OsRox Roxas
Mission -self government
-independence

-1932

-Granting Filipinos’ Independence
-Opposed by Manuel Quezon who was then the
Hare-Hawes senate president, and rejected by Philippine
Senate because of the provisions in it that
Cutting Act. allowed the indefinite retention of U.S. military
bases in the islands.

-1934
-Also known as the Philippine Independence Act
-Provide authority and defined mechanism for the
Tidings establishment of a formal constitution by a
constitutional convention.
McDuffie Act - The members of the convention held their 1st meeting
on July 30, 1934 with Claro M. Recto unanimously
elected as the president
Why does the 1935 constitution was
crafted?

- To meet the approval of United
States government

- To ensure that the Unites States

would live up its promise to
grant the Philippine
Independence
• The 1935 constitution created the Commonwealth
Philippines (an administrative body that governed the
Philippines from 1935-1946)
• -a transitional administration to prepare the Philippines

towards its full achievement of Independence.
• Originally a UNICAMERAL National Assembly with a
president and vice president elected to a 6 years term
without re-election.
• In 1940 it was amended to have a BICAMERAL Congress
composed of Senate and House of Representative as well
as the creation of an independent electoral commission,
and limited the term of the office of the president and vice
president into 4 years term with one re-election
• Rights to suffrage were originally offered to male of 21
years of age and can be able to read and write, this was
extended to female after two years of adoption of the
constitution.
 
It was briefly interrupted by the
events of the World War II with
the Japanese occupying the
Philippines until the declaration of
independence from this colonizer
on July 4, 1946.
 1973: CONSTITUTIONAL
AUTHORITARIANISM

 1965, Ferdinand E. Marcos Sr. was elected as the
president
 1967 Philippine Congress passed a resolution calling for
a constitutional convention to change the 1935
Constitution.
 1969, Marcos won the re-election
 November 20, 1970 election of the delegates to the
constitutional convention were held on and the
convention began formally on June 1, 1971, with Carlos
P. Garcia as the convention President, unfortunately he
died and was succeeded by Diosdado Macapagal.
 Before the convention finished the constitution,
Martial was declared because Marcos cited a

growing Communist insurgency.
 Some delegates of the constitutional convention were
placed behind bars and others were into hiding or
were voluntarily exiled.
 With Marcos as dictator, the direction of the
convention turned with accounts that the president
himself dictated some provisions of the constitution,
manipulating the document to be able to hold on the
power for as long as he could.
 November 29, 1972 the convention approved its
proposed constitution.
• The constitution was supposed to introduce a
parliamentary- style government where the
legislative power was vested in a unicameral

National Assembly, with members being elected into
a 6 years term
• The president was to be elected as a symbolic and
ceremonial head of the state chosen from the
members of the National Assembly.
• The president would serve a 6 years and could be re-
elected to an unlimited number of terms.
• Executive power was relegated to a Prime Minister,
who was also the head of the government and
Commander in Chief of the Armed Forces who was
also to be elected from the National Assembly.
 November 30, 1973 Marcos used the PD No. 73
setting the date of plebiscite to ratify or reject the
proposed constitution.
 This plebiscite was postponed since Marcos feared

that public might vote to reject the constitution.
 Instead of plebiscite, Citizen Assemblies were held
from January 10-15 1973 citizens coming together
and voting by hand, decided to whether to ratify the
constitution, suspend the convening the Interim
National Assembly, continue martial Law, or place a
moratorium on election for a period of at least
several years.
 January 17, 1973 Marcos issued a proclamation
announcing that the proposed constitution had been
ratified by an overwhelming vote of the members of
the highly irregular Citizen Assembly.
• 1976 Citizen Assembly once again decided to aallow the
constitution of Martial Law, as well as approved the
amendments; an Interim Batasang Pambansa to substitute for


the International national Assembly, the president to also
become the Prime Minister and continue to exercise legislative
powers until Martial law was lifted and authorized the
president to legislate on his own and on emergency basis.
• 1980 the retirement age of the members of the judiciary was
extended to 70 years old
• 1981 parliamentary system was formally modified to a semi-
presidential system where executive power was restored to the
president who was once again to be directly elected.
• Executive Committee was to be created composed of the Prime
Minister and 14 president’s Cabinet
• 1984 Executive Committee was abolished and the position of
the Vice president is restored.
• As Marcos amassed power, discontent has been also
burgeoning. The tide turned swiftly when in August 1983,
Benigno Aquino Jr. opposition leader and regarded as the
most credible alternative to Marcos, was assassinated.

• There are some widespread suspicions that the orders to
asasinate Aquino came from the top level of the
government and the military.
• Marcos was then force to hold a snap election. He was
declared as the winner
• However a small military rebels attempted to stage a coup
but failed, however this triggered what came to be known
as the EDSA People Power Revolution in 1986.
• The Marcos Family fled into exile. His opponent in the snap
election, Benigno Aquino’s widow Corazon Aquino was
installed as the president on February 25, 1986.
 1987 CONSTITUTION AFTER
MARTIAL LAW

 The new president Corazon Aquino has 3 options with
regards to the constitution
 Revert to the 1935 constitution.
 Retain the 1973 constitution and to be granted to make
reforms.
 Start a new and break from the vestige of disgraced
dictatorship.
 Make a new one that according to the president it will
be trully a reflective of the aspirations and ideals of the
Filipino people
 March 1986 the president proclaimed a transitional
constitution to last for a year, while the Constitutional
Commission drafted a permanent constitution.

 It is called the Freedom Constitution, it maintain many
provisions of the old one including in rewritten form
of presidential right to rule by decree.
 Also this year a constitutional convention was created
composing of 48 members appointed by president
Aquino from varied backgrounds and representations.
 This convention drew up a permanent constitution
largely restoring the set up abolished by Marcos in
1972, but with new ways to keep the president in
check, recreation of the experience of Marcos’s rules
 This newly created constitution was officially adopted
on February 02, 1987
 
 Begins with a preamble and 18 self-contained articles
 This constitution made the country Philippines a
Democratic Republic State which means that
sovereignty resides in the people and all
government authority emanates from them.
 It allocates total power to the EXECUTIVE,
LEGISLATIVE and JUDICIAL branches of the
government
 EXECUTIVE BRANCH

 Headed by the president and his cabinets.
 Cabinets are appointed by the president
 The president is the head of the state and the chief executive, but
his power is limited by significant check from two other co-equal
branches of the government it is to safeguard the country from
experiencing martial law.
 In case of emergency, the president can still declare martial law but
not longer that a sixty days (60) congress through voting can
revoke this decision or extend in in a period that they determine.
 The officer of the executive branch like the president and the vice
president is only elected once with a six (6) year term.
 LEGISLATIVE

 The power reside in the congress
 It is divided into two (2) houses
 The Senate (24 senators, can serve in no more than 2 consecutive 6
years term)
 The House of Representative (composing of representative from
particular geographic area and make up to around 80% of the total
number of representatives, there are 234 legislative districts, these
representative can only serve up to 3 years term.
 The constitution created a party-list system to provide space for the
participation of under- represented community sectors
 This a party-list representative may fill up to not more that 20% of the
seat in the house.
 The congress has also a power to declare war through 2/3 vote of both
upper and lower houses.
 JUDICIARY

 Philippine court system is vested with the power of
judiciary
 Composed of the supreme court and lower courts as
created by law
 Supreme court is a 15 member court appointed by
the president without the need to be confirmed by
congress. s
