PHILIPPINE CONSTITUTION

RICHARD O. NUNEZ
Teacher
 “Ignorance of
the law excuses
NOONE”.
DEFINITION

Constitution is defined as the fundamental law of a

nation or state. It is the body of rules and principles in
accordance with which the powers of sovereignty are
regularly exercised (De Leon and De Leon, 2014).
 In the Philippines, the Constitution serves as the
highest law of the land and basis of governmental
powers as it is distributed and exercised among several
departments or branches in the government for the
benefit of the people.
 THE EVOLUTION OF THE PHILIPPINE
CONSTITUTION

1899 MALOLOS 1935 1973

CONSTITUTION COMMONWEALTH CONSTITUTION
CONSTITUTION
 THE EVOLUTION OF THE PHILIPPINE
CONSTITUTION

1986 FREEDOM 1987

CONSTITUTION CONSTITUTION
01

1899 MALOLOS
CONSTITUTION
▪ The Political Constitution of 1899, colloquially referred to as the Malolos
Constitution, was the First Philippine Republic's constitution.
▪ It was written by Felipe Calderón y Roca and Felipe Buencamino as a response to
Apolinario Mabini and Pedro Paterno's Malolos Congress proposals. It was
promulgated on 21 January 1899 following a lengthy debate in the latter part of
1898.
▪ The constitution-imposed restrictions on the chief executive's unsupervised
discretion, which would have hampered rapid decision-making.
▪ During the struggle for Philippine independence from Spain, article 99 guaranteed
unrestricted executive authority during times of war. Executive governance
remained unsupervised throughout the Philippine-American War that erupted
shortly after the proclamation.
 02
1935 COMMONWEALTH
CONSTITUTION
Commonwealth in the Philippines
▪ It was the administrative body that governed the Philippines
from 1935 to 1946, except for a period of exile during World
War II, when Japan occupied the country from 1942 to 1945.

▪ Following the Tydings-McDuffie Act, a 1935 constitution was

established to replace the Insular Government, a United
States territorial government. The Commonwealth was
established as a transitional administration in order to prepare
the country for full independence. Its foreign affairs were
continued to be managed by the US.
Commonwealth in the Philippines
▪ The Commonwealth had a strong executive and a Supreme
Court during its more than a decade of existence. Its
unicameral legislature, dominated by the Nacionalista Party,
was initially bicameral before becoming unicameral.

▪ The government chose Tagalog-the language of Manila and

its surrounding provinces as the basis for the national
language in 1937, though its widespread use would take
many years. Prior to the Japanese occupation in 1942,
women's suffrage was adopted, and the economy
recovered to its pre-depression level.

▪ The Commonwealth ceased to exist in 1946, and the

Philippines asserted full sovereignty in accordance with
Commonwealth in the Philippines

▪ The Commonwealth ceased to exist in 1946, and the

Philippines asserted full sovereignty in accordance with
Article XVIII of the 1935 Constitution.
 03
1973
CONSTITUTION
 The 1973 Constitution, which consists of a preamble and
seventeen articles, provides for the transition of government from a
presidential to a parliamentary system. The Constitution vests the
National Assembly with legislative authority. A Prime Minister is
chosen by the National Assembly from among its members and
serves as the head of government and commander-in-chief of the
Philippine Armed Forces.

❑ A president is elected by National Assembly members and serves

as the country's symbolic head of state for a six-year term. The
Supreme Court, which is composed of a Chief Justice and 14
Justices, has judicial authority.
❑ The National Assembly has the authority to define,
prescribe, and apportion lower court jurisdiction. The Prime
Minister appoints all Supreme Court justices and lower
court judges.

❑ This Constitution safeguards the Commission on Elections'

independence and establishes two independent
constitutional bodies, the Civil Service Commission, and
the Commission on Audit, as well as the National Economic
Development Authority [NEDA]. Congress enacted RA No.
6132, also known as the Constitutional Convention Act, on
24 August 1970, to convene a Constitutional Convention.
From June 1971 to 30 November 1972, the 320 delegates met
and approved the draft of the new Charter. On 21 September
1972, President Ferdinand Marcos declared martial law while
drafting a new Constitution. Between January 10 and 17, 1973,
the draft Constitution was presented to the Citizen's
Assemblies for ratification.

President Marcos issued Proclamation No. 1102, on 17

January 1973, announcing the ratification of the Philippine
Constitution. The constitution referenced above was amended
in 1976, 1980, and 1981. In 1984, minor amendments were
made. This text incorporates these amendments.
 1986 FREEDOM
04 CONSTITUTION
The 1986 Provisional "Freedom"
Constitution of the Republic of the
Philippines.
05 1987 CONSTITUTION
The ratified new 1987 Constitution was
promulgated on February 2, 1987, and
the provisional or interim 1986
constitution ceased.
PRINCIPLES THE 1987 CONSTITUTION THE CONSTITUTION OF
THE REPUBLIC OF THE PHILIPPINES PREAMBLE

The preamble introduces the constitution and the

source of sovereignty, the people. It follows the pattern in past
constitutions, including an appeal to God.

Article 1 - National Territory

The national territory consists of the Philippine archipelago,

including all its islands and waters, and all other territories over
which the Philippines exercises sovereignty or jurisdiction,
including its terrestrial, fluvial, and aerial domains, as well as
its territorial sea, seabed, subsoil, insular shelves, and other
submarine areas.
Article II - Declaration of Principles and State Policies

It establishes the Philippines' fundamental social and political

creeds, particularly regarding the constitution's implementation,
and outlines the government's objectives.

Article III- Bill of Rights

It enumerates specific protections against the abuse of state

power, most of which are similar to the provisions of the U.S.
Constitution. Moreover, it specifies in this bill that Filipinos have
natural, constitutional (such as political, civil, social, and economic
rights and rights of the accused), and statutory rights.
Article IV - Citizenship
It establishes the Filipinos' citizenship. It distinguishes between
two types of citizens: natural born and naturalized citizens.
Natural-born citizens are those who are citizens of the Philippines
from birth and do not require any action to acquire or perfect their
citizenship. The Philippines operates on a jus sanguinis basis, with
citizenship acquired primarily through blood relations with Filipino citizens.

Article V-Suffrage
It establishes various voting age and residency requirements, as
well as a system of secret ballots and absentee voting. Additionally, it
establishes a procedure for overseas Filipinos, disabled Filipinos, and
illiterate Filipinos to vote.
Article VI - Legislative Department

It establishes the Congress, a bicameral legislature comprised of the

Senate and the House of Representatives. Moreover, it enumerates the
classification of powers, the principle of separation of powers, principle of
check and balance, qualification to become a legislator, and special
privileges of the members of Congress.

Article VII - Executive Department

It establishes a presidential form of government in which the President

exercises executive authority and the President's qualifications, term of
office, election, and powers and functions. Additionally, it establishes a
vice president and a presidential line of succession.
Article VIII - Judicial Department

It is vested in one Supreme Court, and such other lower courts as may be
established by law with judicial authority (by Congress). The scope of
judicial powers are the following: adjudicators power, power of judicial
review, and incidental power.

Article IX - Constitutional Commissions

It establishes three constitutional commissions, which are non-partisan

government bodies distinct from the three primary branches of
government. These commissions are the Commission on Audit,
Commission on Elections, and Civil Service Commission.
Article X - Local Government
It promotes local autonomy and directs Congress to enact a local
government law, which became the Local Government Code.

Article XI - Accountability of Public Officers

It establishes the Ombudsman's Office, which is charged with
investigating and prosecuting public officials.

Article XII - National Economy and Patrimony

It establishes the Philippine government's goals and objectives in
terms of wealth distribution, division of goods and services, and job
creation to improve the lives of the Filipino people.
Article XIII - Social Justice and Human Rights
It demonstrates Congress's primary responsibility to give the
highest priority to enacting legislation that protects and enhances all
people's rights to human dignity.

Article XIV - Education, Science and Technology, Arts, Culture and

Sports
This article promotes the development of higher education,
innovations and inventions in the field of science and technology,
advancement of Filipino arts and culture, and training world class sport
Olympians.
Article XV - The Family
Establishes the state's recognition of the Filipino family as the
nation's fundamental unit, reaffirming and bolstering its solidarity and
steadily promoting its development.

Article XVI - General Provisions

Contains several general provisions, including a description of the

national flag, the establishment of the Armed Forces of the Philippines
and a police force (currently the Philippine National Police), regulation of
the mass media and advertising industries, and the doctrine of sovereign
immunity.
Article XVII - Amendments or Revisions
It establishes the procedures for, amending or revising the
Constitution.

Article XVIII - Transitory Provisions

It contains provisions that ensure a smooth transition from the
previous provisional constitution to the new Constitution.

Other Provisions
The Constitution also contains several other provisions
enumerating various state policies.
SUMMARY
✓ 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.
SUMMARY
✓ 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.
 SUMMARY
✓ 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.
 SUMMARY
✓ 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.
SUMMARY
✓ 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.
SUMMARY
✓ 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.
"Sa ilalim ng Batas, ang lahat ay pantay-pantay."
Evolution of
Philippine
Constitution
 The Constitution is essential in the existence of any
government. It provides order through the establishment
of law, organization of society and promotion of
democratic principles. In the Philippines, it provides the
basis for the establishment of just and humane society as
well as for the promotion of common good.
The constitution of the Philippines has evolved from the
1899 Constitution (Malolos), to the 1935 Constitution,
then to the 1973 Constitution until the 1987 Constitution.
The 1899 Constitution

The struggle of the Filipino for independence

eventually was rewarded with the proclamation of the
Philippine independence from the Spaniards on June 12,
1898. The newly proclaimed independent government
necessitates for a constitution that will support it hence
the 1899 Constitution. The approval of this constitution
ushered to the existence of the First Philippine Republic.
 It has the following salient features (1)The first
important document ever produced by the people’s
representatives; (2) It is anchored in democratic
traditions;(3) It created a Filipino State whose
government was “popular, representative and
responsible” with 3 distinct branches- the executive,
legislative and judicial; (4) It specifically provided for
safeguards against abuses and enumerated the
national and individual rights not only of the Filipinos
but also of the aliens.
 The said constitution is considered to be unique for 3
reasons: (1) The provision which makes the Assembly or the
legislative branch superior to either the executive or judicial
branch; (2) The provision which assigns for a Permanent
Commission to sit as a legislative body when the Assembly is
not in session; and (3) The provision which establishes for a
unicameral legislature.
Felipe Calderon offered the following justifications for
the dominance of the legislature: (1) He feared the
predominance of the ignorant military elements which were
solidly behind Aguinaldo. (2) The strong legislative arm will
counteract the strong executive in order for Aguinaldo “not be
able to create an oligarchy composed of ignoramuses”.
 The significance of the 1899 Constitution
is aptly captured “The Constitution as a whole is
a monument to the capacity of the Filipinos to
chart their own course along democratic lines.
In a period of storm and stress, it symbolized
the ideals of a people who had emerged from
the Dark Ages into the light of Reason” (T.
Agoncillo, History of the Filipino People, p. 208)
 The 1935 Constitution
The draft was prepared by the “seven wise men”-
Filemon Sotto as Chairman, and the rest as members-
Norberto Romualdez, Manuel Roxas, Vicente Singson
Encarnacion, Manuel C. Briones, Miguel Cuaderno and
Conrado Benitez (who replaced Jose P. Laurel). It
followed the American model in structure and formal
appearance except for a unicameral legislature and a
unitary (as against a federal) system of government.
 It reflected the historical experiences of the
Filipinos like the provision for the separation of
church and state and the limitation on the size of
the agricultural lands to be owned by private
individuals or corporations. It reflected certain
cultural values unique in the Philippine tradition
such as the principle of state supremacy over the
individual and the exaltation of authority.
 Historian Theodore Friend quoted one observer
described the 1935 Constitution as “flexible enough to
accommodate everything from a representative republic
to a temporary but renewable dictatorship”. Another
observer thought that the likely scenario in the
Philippines would be “an irresponsible autocracy, with
power concentrated in the President, the Speaker, and to
a much lesser degree, in a few of their intimate political
associates".
 It was approved by the Constitutional Convention
on February 8, 1935.It was approved by Pres. T. Roosevelt
on March 23, 1935. And it was ratified on May 14, 1935
 The 1973 Constitution
Following the proclamation of Martial Law, the change in
the Philippine government brought a new constitution. There
were 3 resolutions that Pres. Ferdinand Marcos signed which
brought changes in the political landscape of the Philippines.
The resolutions are as follows: (1) Proclamation No. 1102 which
announced the ratification by the Filipino people of the 1973
Constitution as of noon of January 17, 1973; (2) Proclamation
No, 1103 which declared the interim National Assembly,
provided for in Article XVII of the new Constitution, not
convened; and (3) Proclamation No, 1104 which declared the
continuation of martial law.
 The 1973 Constitution
The 1973 Constitution brought the following changes in the
Philippines: (1) The official abolition of the legislative body; (2) The
exercise by Pres. Marcos of the powers of the President and of the
Prime Minister; (3) The change of the form of government from
presidential to parliamentary; and (4) The exercise by the
President of the power to call the interim Assembly.
It was founded upon certain fundamental principles of
government which have become part and parcel of our cherished
democratic heritage as a people. Knowledge of these principles is,
therefore, essential to proper understanding of our organic law.
 The 1987 Constitution
Significant features of the 1987 Constitution (1) It includes
safeguards that will prevent a new dictatorship. Example: certain checks
on the power of the President to declare martial law, Article Vii, Sec. 18.
(2) It provides that martial law will last for not more than 60 days unless
the Congress decides to extend the period. The Congress is also given
the power to revoke the martial law proclamation of the President. Also,
private citizen may question before the Supreme Court whether or not
there were sufficient reasons for the President to declare martial law. (3) It
seeks to prevent the violation of human rights. And (4) It recognizes the
power of the people. Article VI, the people can directly propose and enact
laws or approve or reject any act or law or a part of that law passed by the
Congress or a local legislative body. This may be done in a petition
signed by at least 10% of the total number of registered voters.
 The 1987 Constitution
The Philippines, as a country has faced challenges
in different forms. One manifestation is the evolution of the
constitution by which the existence of the government is
based. The efforts of the Filipinos to change the
Constitution in different historical periods are their
response to the challenges they had experienced over
time.
ACTIVITY 1
 Thanks!

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