LESSON 4.

1:
Evolution of Philippine Constitution • According to Felipe Calderon, main author of the constitution,
these countries were studied because they shared similar social,
CONSTITUTION is defined as a set of fundamental principles or political, ethnological, and governance conditions with the
established precedents according to which a state or other Philippines.
organization is governed.
• Prior constitutional projects in the Philippines also influenced the
CONSTITUTION OF THE PHILIPPINES, the supreme law of the Republic of Malolos Constitution, namely:
the Philippines, has been effect since 1987.
➢ The 1935 Commonwealth Constitution; ✓ Kartilya and the Sangunian-Hukuman the charter of laws and `
➢ The 1973 Constitution morals of the Katipunan written by Emilio Jacinto in 1896.
➢ The 1986 Freedom Constitution ✓ The Biak-na-Bato Constitution of 1897 - planned by Isabelo
Artacho.
• WHAT IS THE CONSTITUTION OF THE PHILIPPINES? ✓ Mabini's Constitutional Program of the Philippine Republic of 1898.
The Constitution (1987) is the fundamental law of the land in the ✓ The Provisional Constitution of Mariano Ponce in 1898 that followed
Philippines. It establishes the structure, policies, roles and duties of the the Spanish constitutions.
Philippines' government ✓ The Autonomy Projects of Paterno in 1898
✓ Preamble of Political Constitution of 1899
1897: Constitution of Biak-Na-Bato
• The CONSTITUTION OF BIAK-NA-BATO was the provisionary We, the Representative of the Filipino People, lawfully convened, in
Constitution of the Philippine Republic during the Philippine order to establish justice, provide for common defense, promote the
Revolution and was promulgated by the Philippine general welfare and ensure the benefits of liberty, imploring the aid
Revolutionary Government on November 01, 1897. (Isabelo Artacho of the Sovereign Legislator of the Universe for the attainment of these
& Felix Ferrer) ends, have voted, decreed, and sanctioned the following political
constitution.
• The organs of the government under this 1897: Constitution of
Biak-na-Bato were: Preamble of Political Constitution of 1899
1. The Supreme Council - which was vested with the power of the • As a direct challenge of the colonial authorities of the Spanish
Republic. empire, the sovereignty was retroverted to the people, a legal
✓ The Interior principle underlying the Philippine Revolution.
✓ The Foreign Affairs
✓ The Treasury • The people delegated governmental functions to civil servant while
✓ The War they retained actual sovereignty.

What is Republic? is a form of government in which the people elect, • The 27 articles of Title IV detail the natural rights and popular
or choose, their leaders. sovereignty of Filipinos, the enumeration of which does not imply the
prohibition of any other rights not expressly stated.
2. The Consejo Supremo de Garcia Y Justicia (Supreme Council of
Grace and Justice) which was given an authority to make decisions • The Title III, Article V, also declares that the State recognizes the
and affirm or disapprove the sentences rendered by other courts and freedom and equality of all beliefs, as well as the separation of
to dictate rules for the administration of justice. Church and State
3. The Asamblea de Representantes (Assembly of
Representatives) which was to be convened after the revolution to • The form of government, according to Title II, Article IV is to be
create a new Constitution and to elect a new Council of popular, representative, alternative, and responsible, and shall
Government and Representatives of the people exercise three distinct powers:
✓ Legislative
• The Constitution of Biak-na-Bato was never fully implemented, ✓ Executive
since a truce, the Pact of Biak-na-Bato, was signed between the ✓ Judicial
Spanish and the Philippine Revolutionary Army.
• The Legislative Power was vested in a unicameral body called the
Preamble of Biak-Na-Bato Constitution Assembly of Representatives, members of which are elected for terms
• What is Preamble? of four (4) years.
➢ It is an introductory statement that sets forth the purpose and
guiding principles of a document, serving as a foundation for the • Secretaries of the government were given seats in the assembly,
legal and political framework it establishes. which meet annually for a period of at least three months.

The separation of the Philippines form Spanish monarchy and their • Bills could be introduced either by the president or by a member of
formation into an independent state with its own government called the assembly.
the Philippine Republic has been the end sought by the revolution in
the existing war, begun on the 24th of August 1896; and, therefore, in • Some powers not legislative in nature were also given to the body,
its name and by the power delegated by the Filipino people, such as the right to select its own officers, right of censure and
interpreting faithfully their desires and ambitions, we the interpretation, and the right of impeaching the president, cabinet
representatives of the Revolution, in a meeting at Biak-na-Bato, members, the chief justice of the Supreme Court, and the
November 1, 1897, unanimously adopted the following articles for the solicitor-general.
constitutions of the state.
• A permanent commission of seven, elected by the assembly, and
1899: Malolos Constitution granted specific powers by the constitution was to sit during the
• Upon the defeat of the Spanish to the Americans in the Battle of intervals between sessions of the assembly.
Manila Bay on May 1, 1898, the United States Navy transported • The Executive Power was vested in the president and elected by a
Aguinaldo back to the Philippines. constituent assembly of the Assembly of Representatives and special
representatives.
• The newly reformed Philippine revolutionary forces reverted to the
control of Aguinaldo, and the Philippine Declaration of • The President will serve a term of four (4) years without re-
Independence was issued on June 12, 1898, together with several election.
decrees that formed the First Philippine Republic.
• There was no vice president, and in case of a vacancy, a president
• The Malolos Congress was elected, with selected a was to be selected by the constituent assembly Preamble of Political
commission to draw up a draft constitution on September 17, 1898, Constitution of 1899
which was composed of wealthy and educated men.
• The document they came up with, approved by the Congress on • The Malolos Constitution was never enforced due to the ongoing
November 29, 1898, and promulgated by President Emilio Aguinaldo war. The Philippines was effectively a territory of the United States
on January 21, 1899, was titled "The Political Constitution of 1899" and upon the signing of the Treaty of Paris between Spain and the United
written in Spanish. States, transferring sovereignty of the Philippines on December 10,
1898.
• The constitution has 39 articles divided into 14 titles, with eight
articles of transitory provisions, and a final additional article. 1935: The Commonwealth Constitution
• It is worth mentioning that after the Treaty of Paris, the Philippines
• The document was patterned after the Spanish Constitution of was subject to the power of the United States of America, effectively
1812, with influences from the charters of Belgium, Mexico, Brazil, the new colonizers of the country.
Nicaragua, Costa Rica, and Guatemala, and the French Constitution
of 1793. • From 1898-1901, the Philippines would be placed under a military
government until a civil government would be put into place.
• The draft of the constitution was approved by the constitutional
• Two acts of the United States Congress were passed that maybe convention on February 8, 1935, and ratified by then U.S. President
considered to have qualities of constitutionality. Franklin B. Roosevelt on March 25, 1935.

✓ Philippine Organic Act of 1902; and • Elections were held in September 1935 and Manuel L. Quezon was
✓ Philippine Autonomy Act of 1916. elected President of the Commonwealth.

• Philippine Organic Act of 1902, it is the first organic law for the • The draft of the constitution was approved by the constitutional
Philippine Islands that provided for the creation of a popularly convention on February 8, 1935, and ratified by then U.S. President
elected Philippine Assembly. Franklin B. Roosevelt on March 25, 1935.

• This act specified that legislative power would be vested in a • Elections were held in September 1935 and Manuel L. Quezon was
bicameral legislature composed of the Philippine Commission as the elected President of the Commonwealth.
upper house and the Philippine Assembly as lower house
• The Commonwealth was briefly interrupted by the events of the
• The key provisions of the act included a bill of rights for Filipinos and World War II, with the Japanese occupying the Philippines.
the appointment of two non-voting Filipino Resident Commissioners of
the Philippines as representative to the United States House of • Afterwards, upon liberation, the Philippines was declared and
Representatives. independent republic on July 4, 1946.

• Philippine Autonomy Act of 1916, the second act that functioned 1973: Constitutional Authoritarianism
as constitution. This act is commonly referred to as Jones Law, which
modified the structure of the Philippine government through the • In 1965, Ferdinand E. Marcos, was elected president, and in 1967,
removal of the Philippine Commission, replacing it with a Senate that Philippine Congress passed a resolution calling for a constitutional
served as the upper house and its members elected by the Filipino convention to change the 1935 Constitution.
voters, the first truly elected national legislature.
• Marcos won the re-election in 1969, in a bid boosted by campaign
• It was also in this Act that explicitly declared the purpose of the overspending and use of government funds.
United States to end their sovereignty over the Philippines and
recognize Philippine independence as soon as a stable government • Elections of the delegates to the constitutional convention were
can be established. held on November 20, 1970, and the convention began formally on
June 1, 1971, with former President Carlos P. Garcia being elected as
• In 1932, with the efforts of the Filipino independence mission led by convention president.
Sergio Osmeña and Manuel Roxas, the United State Congress passed
the Hare-Hawes-Cutting-Act with the promise of granting Filipinos' • Unfortunately, he died, and was succeeded by another former
independence. president, Diosdado Macapagal.

• The bill was opposed by then Senate President Manuel L. Quezon • Before the convention finished its work, Martial Law was declared.
and consequently, rejected by the Philippine Senate. Marcos cited a growing communist insurgency as reason for the
Martial Law, which was provided for in the 1935 Constitution.
• By 1934, another law, the Tydings-McDuffie Act, also known as the
Philippine Independence Act, was passed by the United States • Some delegates of the ongoing constitutional convention were
Congress that provided authority and defend mechanisms for placed behind bars and others went into hiding or were voluntary
the establishment of a formal constitution by a constitutional exiled.
convention.
• With Marcos as dictator, the direction of the convention turned,
• The members of the convention were elected and held their first with accounts that the president himself dictated some provisions of
meeting on July 30, 1934, with Claro M. Recto unanimously elected as the constitution, manipulating the document to be able to hold on to
president. power for as long he could.

• The constitution was crafted to meet the approval of the United • The constitution was supposed to introduced a parliamentary- style
States government and to ensure that the United States would live up government, where legislative power was vested in a unicameral
to its promise to grant independence to the Philippines. National Assembly, with members being elected to a six-year term.

The Filipino people, imploring the aid of Divine Providence, in order to • The president was to be elected as the symbolic and ceremonial
establish a government that shall embody their ideals, conserve and head of state chosen from the members of the National Assembly.
develop the patrimony of the nation, promote the general welfare,
and secure to themselves and their prosperity the blessings of • The president would serve a six-year term and could be re-elected
independence under a regime of justice, liberty, and democracy, do to an unlimited number of terms.
ordain and promulgate this constitution.
• Executive power was relegated to the Prime Minister, who was also
• The constitution created the Commonwealth of the Philippines, the head of government and Commander-in-Chief of the Armed
an administrative body that governed the Philippines from 1935 Forces who was also to be elected from the National Assembly.
to 1946.
• President Marcos issued Presidential Decree No. 73 setting the date
• It is a transitional administration to prepare the country toward of the plebiscite to ratify or reject the proposed constitution on
its full achievement of independence. November 30, 1973.
Preamble of the 1935 Commonwealth
• The plebiscite was postponed later on since Marcos feared that the
• It originally provided for a unicameral National Assembly with a public might vote to reject the constitution.
president and vice president elected to six-year term without
re- election. • Instead of a plebiscite, Citizen Assemblies were held, from 10-15
January 1973, where the citizens coming together and voting by
• It was amended in 1940 to have a bicameral Congres composed hand, decided on whether to ratify the constitution, suspend the
of Senate and a House of Representatives, as well as the creation of convening Of the Interim National Assembly, continue Martial Law, or
an independent electoral commission, and limited the terms of office place a moratorium on election for a period of at least several years.
of the president and vice president to four years, with one re-election.
• The president, on January 17, 1973, issued a proclamation
• Rights to suffrage were originally afforded to male citizens of the announcing that the proposed constitution had been ratified by an
Philippines who are twenty-four years of age or over and are able to overwhelming vote for the members of the highly irregular Citizen
read and write. Assemblies.

• This was later on extended to women within two years after the • The constitution was amended several times. In 1976, Citizen
adoption of the constitution. Assemblies, once again, decided to allow the constitution of Martial
Law, as well as approved the amendments: an Interim Batasang
• While the dominant influence in the constitution was American, it Pambansa to substitute for the Interim National Assembly, the
also bears traces of the Malolos Constitution, the German, Spanish, president to also become the Prime Minister and continue to
and Mexican constitutions, constitutions of several South American exercise legislative powers until Martial Law was lifted and authorized
countries, and the unwritten English Constitution. the President to legislate on his own on an emergency basis.
• In 1980, the retirement age of members of the judiciary was
extended to 70 years. • The president and vice president are elected at large by direct
votes, serving a single six-year term.
• In 1981, the parliamentary system was formally modified to a
French-style, semi-presidential system where executive power was • The Legislative power presides in a Congress divided into two
restored to the president, who was, once again, to be directly Houses:
elected; and Executive Committee was to be created, composed of ➢ The Senate
the Prime Minister and 14 others, that served as the president's ➢The House of Representatives
Cabinet; and some electoral reforms were instituted.
• The 24 senators are elected at large by popular vote and can serve
• In 1984, the Executive Committee was abolished, and the position no more than two consecutive six-year term.
of the vice president was restored.
• The House is composed of district representative representing a
• The 1973 Constitution was merely a way for the President to keep particular geographic area and makes up around 80% of the total
executive powers, abolish the Senate, and by any means, never number of representatives.
acted as a parliamentary system, instead functioned as an
authoritarian presidential system, with all the real power • There are 234 legislative districts in the Philippines that elect their
concentrated in the hands of the president, with the backing of the representatives to serve three-year terms.
constitution.
• The 1987 Constitution created a party-list system to provide spaces
• The situation in 1980s had been very turbulent. As Marcos amassed for the participation of under-represented community sectors or
power, discontent has also been burgeoning. groups.

• The tide turned swiftly when in August 1983, Benigno Aquino Jr., • Aside from the exclusive power of legislation, Congress may also
opposition leader and regarded as the most credible alternative to declare war, through a two-thirds vote in both upper and lower
President Marcos, was assassinated while under military escort houses.
immediately after his return form exile in the United States.
• The power of legislation, however, is also subject to an executive
• Marcos declared himself winner despite international check, as the president retains the power to veto or stop a bill from
condemnation and nationwide protests. becoming a law.

• A small group of military rebels attempted to stage a coup, but • Congress may only override this power with a two-thirds vote in
failed; however, this triggered what came to be known as the EDSA both houses.
People Power Revolution of 1986, as people from all walks of life
spilled onto the streets. • The Philippine Court System is vested with the power of the judiciary
and is composed of a Supreme Court and lower court as created by
• Under pressure from the United States of America, who used to law.
support Marcos and his Martial Law, the Marcos family fled into exile.
• The Supreme Court is a 15-member court appointed by the
• His opponent in the snap elections, Benigno Aquino Jr.'s widow, president without the need to be confirmed by Congress.
Corazon Aquino, was installed as president on February 25,1986.
• The appointment the president makes, however, is limited to a list of
1987: Constitution After Martial Law nominees provided by a constitutionally specified Judicial and Bar
• President Corazon Aquino's government had three options Council.
regarding the constitution;
• The Supreme Court Justices may hear, on appeal, any cases
1. Revert to the 1935 Constitution dealing with the constitutionality of any law, treaty, or decree of the
2. Retain the 1973 Constitution and be granted the power to make government, cases where questions of jurisdiction or judicial error are
reforms concerned, or cases where the penalty is sufficiently grave.
3. Start anew and break from the "vestiges of a disgrace
dictatorship." • It may also exercise original jurisdiction over cases involving
government or international officials.
• In March 1986, President Aquino proclaimed a transitional
constitution to last for a year while a Constitutional Commission • The Supreme Court is also in charge of overseeing the functioning
drafted a permanent constitution. and administration of the lower courts and their personnel.

• This transitional constitution, called the Freedom Constitution, • The constitution also established three independent
maintained many provisions of the old one, including in rewritten form Constitutional Commission, namely:
the presidential right to rule by decree. ➢ Civil Service Commission, a central agency in charge of
government personnel.
• In 1986, a constitutional convention was created, composed of 48 ➢ Commission on Elections, mandated to enforce and administer all
members appointed by President Aquino from varied backgrounds election laws and regulations.
and representations. ➢ Commission on Audit, which examines all funds,
transactions, and property accounts of the government and its
• The convention drew up a permanent constitution, largely restoring agencies.
the setup abolished by Marcos in 1972, but with new ways to keep
the president in check, a reaction to the experience of Marco's rule. • To further promote the ethical and lawful conduct of the
The new constitution was officially adopted on February 2, 1987. government, the Office of the Ombudsman was created to
investigate complaints that pertain to public corruption, unlawful
• The Constitution begins with a preamble and eighteen self- behavior of public officials, and other public misconduct.
contained articles. It established the Philippines as a "democratic
republican State" where "sovereignty resides in the people and all • The Ombudsman can charge public officials before the
government authority emanates from them." It allocates Sandiganbayan, a special court created for this purpose.
governmental powers among the executive, legislative, and
judicial branches of the government. • Only the House of Representatives can initiate the
implementation of the president, members of the Supreme Court,
• The Executive branch is headed by the president and his cabinet, and other constitutionally protected public officials such as the
whom he appoints. Ombudsman.

• The President is the head of the state and the chief executive, but • The Senate will then try the impeachment case. This is another
his power is limited by significant check from the two other co-equal safeguard to promote moral and ethical conduct in the government.
branches of government, especially during times of emergency.
Changing the Constitution
• In case of national emergency, the president may still declare • Changing the Constitution is a perennial issue that crops up, and
martial law, but not longer than a period of sixty days. terms such as "Cha-cha,” Con-Ass," and "Con-con" are regularly
thrown around.
• Congress, through a majority vote, can revoke this decision, or
extend it for a period that they determine. • Article XVII of the 1987 Constitution provides for three ways by
which the Constitution can be changed.
• The Supreme Court may also review the declaration of martial law
and decide if there were sufficient justifying facts for the act.
 • This advocacy is in part an influence of his background, being a
• Congress (House of Representative and the Senate) may convene local leader in Mindanao that has been mired in poverty and
as a Constituent Assembly (or Con-Ass) to propose amendments to violence for decades.
the Constitution.
• On December 7, 2016, President Duterte signed an executive order
• Another method is through the Constitutional Convention (or creating a consultative committee to review the 1987 Constitution.
Con-con), where Congress, upon a vote of two-thirds of all its
members, calls for a constitutional convention. Federalism
• Federalism in the Philippines was supported by former President
• They may also submit to the electorate the question of calling a Duterte in the 20116 presidential elections, saying that it will evenly
onvention through a majority vote of all its members. distribute wealth in the Philippines instead of concentrating it in
Manila, the Capital of the country.
• In a Con-con, delegates will propose amendments or revisions to
the constitution, not Congress. • As a form of government, a central governing authority and
constituent political units constitutionally share sovereignty. Applied to
• The 1987 Constitution does not provide for a method by which the Philippines, the country will be broken into autonomous regions.
delegates to the Con-con are chosen.
• Each region will be further divided into local government units. The
• The third method is called the "People's initiative" (or PI). In this regions will have the primary responsibility of industry development,
method, amendments to the Constitution may be proposed by the public safety and instruction, education, healthcare,
people upon a petition of at least 12% of the total number of transportation, and many more.
registered voters.
• Each region will also take charge of their own finances, plans for
• All legislative districts must be represented by at least 12% of the development, and laws exclusive to their area.
registered votes therein.
• The national government, on the other hand, will only handle
• No amendments is allowed more than once every five years since matters of national interest such as foreign policy and defense,
a successful Pl. among others.

• The 1987 Constitution directs the Congress to enact a law to • In this system, it is possible for the central government and the
implement provisions of the Pl, which has not yet materialized. regions to share certain powers.

• Amendments or revision to the constitution shall be valid only when • Our current system is that of a unitary form, where administrative
ratified by a majority of the votes cast in national referendum. powers and resources are concentrated in the national government.

Attempts to amend the 1987 Constitution • Mayors and governors would have to rely on allocations provided
• The 1987 Constitution provide for three methods by which the to them through a proposed budget that is also approved by the
Constitution can be amended, all requiring ratification by a majority national government, a system prone to abuse.
vote in a national referendum.
• There are many pros to a federal form of government. Each region
• These methods were Constituent Assembly, Constitutional may custom fit solutions to problems brought about by their distinct
Convention, and People's Initiative. geographic, cultural, social, and economic contexts.

• Using these modes, there were efforts to amend or change the • Regions also have more power over their finances, since they
1897 Constitution, starting with the presidency of Fidel V. Ramos who handle majority of their income and only contributes to a small
succeeded Corazon Aquino. portion to the national government.

• The first attempt was in 1995, when the Secretary of National • They can choose to directly fund their own development projects
Security Council Jose Almonte drafted a constitution, but it was without asking for the national government's go signal.
exposed to the media, and it never prospered.
• A federal system could also promote specialization, since the
• The second effort happened in 1997, when a group called PIRMA national government could focus on nationwide concerns while D
hope to gather signatures from voters to change the constitution regional governments can take care of administrative issues.
through a people's initiative.
• A federal form of government could also solve a lot of decade- old
• Many were against this, including then Senator Miriam Defensor- problems of the country.
Santiago, who brought the issue to court and won with the Supreme
Court judging that a people's initiative cannot push through without • It may be a solution to the conflict in Mindanao, since a separate
an enabling law. Bangsamoro region could be established for Muslim Mindanao.

• The succeeding president, Joseph Ejercito Estrada, formed a study • It could address the inequality in wealth distribution and lessen the
commission on investigate the issues surrounding charter change dependence to Metro Manila, since regions can proceed with what
focusing on the economic and judiciary provisions of the constitution. they have to do without needing to consider the situation in the
capital.
• This effort was also blocked by different entities. After President
Estrada was replaced by another People Power and • There are also cons to federalism. While it creates competition
succeeded by his Vice President, Gloria Macapagal Arroyo, then among regions, it could also be a challenge to achieving unity in the
House Speaker Jose de Venecia endorsed constitutional change country.
through a Constituent Assembly, which entails a two-thirds vote of the
House to propose amendments or revision to the Constitution. • There might be regions which are not ready to govern themselves,
or have lesser resources, which could mire them deeper in poverty
• This initiative was also not successful since the term of President and make development uneven in the country.
Arroyo was mired in controversy and scandal, including the possibility
of Arroyo extending her term as president, which the constitution • There could be issues regarding overlaps in jurisdiction, since
does not allow. ambiguities may arise where national ends and regional begins, or
vice versa.
• The administration of the succeeding President Benigno Aquino III
had no marked interest in charter change, except those emanating • As a proposed solution to the conflict in Mindanao, we must also
from different members of Congress, including the Speaker of the remember that the Autonomous Region in Muslin Mindanao (ARMM)
House, Feliciano Belmonte Jr., who attempted to introduce has already been created and the conflict still continues.
amendments to the Constitution that concern economic provisions
that aim toward liberation. This effort did not see the light of day. • Federalism may not be enough for those who clamor separation.

• In an uprising of popularism, President Rodrigo Duterte won the 2016 • Any efforts to shift the system of government also entails costs, and
presidential elections in a campaign centering on law and order, it would not be cheap.
proposing to reduce crime by killing tens of thousands of criminals.
• It would cost billions to dismantle the current system and would
• He is also a known advocate of federalism, a compound mode of take a long time before the system normalizes and irons out it Kinks.
government combining a central or federal government with
regional governments in a single political system.