Untitled Quiz

Philippine History Class Readings

• Course introduction: Readings in Philippine History.

Prayer

• Prayer included in class.

Puzzled Picture Activity

• Students divided into groups.
• Given a jigsaw puzzle depicting Philippine issues.
• Students arrange puzzle pieces to form a complete picture.
• Identify and elaborate on the picture's theme.

Issues in the Philippines

• Social, political, economic, and cultural issues in the Philippines are discussed.

Evolution of the Philippine Constitution

• A detailed overview of the evolution of the Philippine Constitution is provided.

Learning Objectives

• Express in-depth appreciation of Philippine social, political, economic, and cultural issues through assessment.
• Demonstrate sample topics through group reporting.
• Analyze issues using the lens of history.

Constitution Definition

• Defined as fundamental principles or precedents guiding a state or organization.
• Represents the union of distinct entities under shared principles and ideals.

1897 Constitution (Biak-na-Bato)

• Promulgated by the Philippine Revolutionary Government on November 1, 1897.
• Based on the Cuban constitution.
• Written by Isabelo Artacho and Felix Ferrer in Spanish, later translated to Tagalog.
• Not fully implemented due to the intervening Philippine Revolution.

Organs of Government

• Key Government bodies: Supreme Council (President), Consejo Supremo de Gracia Y Justicia (courts); Asemblea Representates (Assembly of Representatives).
• Authority and duties of each body.

1899 Constitution (Malolos)

• Established after the Pact of Biak-na-Bato.
• Filipino revolutionary leaders accepted payment from Spain and went into exile.
• Mock Battle in Manila Bay, Spanish defeat by the Americans, and Declaration of Philippine Independence by Emilio Aguinaldo on June 12, 1898.
• First Philippine Republic is formed.
• Malolos Congress elected.
• Constitution drafted in September 1898. Approved by Congress in November 1898.
• Promulgated by Aguinaldo on January 21, 1899.
• Based on the Spanish constitution of 1812.
• Influenced by Belgian, Mexican, Brazilian, Nicaraguan, Costa Rican, Guatemalan, and French constitutions (specifically 1793).
• Key articles and titles covered.
• Different branches (Legislative, Executive, Judicial) detailed.

1935 Constitution (Commonwealth)

• The Philippine was under the United States of America.

• Change in government from Military to Civil.

• Acts of the United States Congress that qualify as constitutional.

• Key provisions : Bill of rights, Appointment of non-voting Filipino Resident Commissioner (Representative to US Congress)

• Philippine Organic Act of 1902: First organic law, created a popularly elected Philippine Assembly and bicameral legislature.

• Philippine Autonomy Act (Jones Law) of 1916: Act to remove the Philippine Commission.

• Hare-Hawes-Cutting Act of 1932: Promised independence led by Sergio Osmena and Manuel Roxas. Rejected by Quezon.

• Tydings-Mcduffie Act of 1934: Established Philippine Independence Act; defined and provided for a constitutional convention.

• First meeting of the convention held in July 30, 1924. Claro M. Recto became president.

• Constitution created the Commonwealth of Philippines from 1935-1946.

• Transitional administration to prepare the country for complete independence.

• Provided for a unicameral National Assembly.

• President and Vice-President 6-year term without re-election (amended in 1940)

• Bicameral Congress (Senate and House of Representatives)

• President and Vice-President 4-year term with re-election.

• Right to vote for women.

• Influence of American, Malolos, German, Spanish, Mexican constitutions, South American countries, and the unwritten English constitution.

• February 8, 1935, constitutional draft approved by the convention.

• March 25, 1935, ratified by Franklin D. Roosevelt .

• September 1935, Manuel L. Quezon elected President of the Commonwealth.

• Brief interruption of the commonwealth due to World War II, Japanese occupation of the Philippines.

• Philippines declared an independent Republic on July 4, 1946.

1973 Constitution (Constitutional Authoritarianism)

• Ferdinand Marcos elected president in 1965.

• Philippine Congress passed a resolution calling for a constitutional convention in 1967.

• Marcos won reelection in 1969.

• Election of delegates to the Constitutional convention in November, 1970.

• Convention officially started on June 1, 1971, with Carlos P. Garcia as president.

• Martial law declared before convention completed its work.

• Some delegates imprisoned or exiled.

• Marcos as dictator, dictated constitutional provisions.

• November 29, 1972, convention approved its proposed constitution.

• Proposed a parliamentary style government.

• Unicameral legislature.

• 6-year terms for legislators

• President as head of state and head of government.

• Six-year term for the president and unlimited re-elections allowed.

• Executive power.

• Prime Minister as head of government.

• Commander-in-chief of the armed forces.

• November 30, 1973, Presidential Decree No. 73 (Plebiscite for ratification)

• Postponement due to fears of popular rejection among the public.

• Citizen Assembly held; voting by hand to ratify the constitution.

• Issues discussed in the Citizens Assembly included: Ratification of the constitution, Martial law continuation, moratorium on elections.

• 1976: Citizen Assemblies decided to allow Martial Law continuation.

• president also became Prime Minister and exercised legislative power until Martial Law was lifted.

• 1980: Retirement for judiciary members extended to 70 years.

• 1981: Parliamentary system modified into French Style (semi-presidential).

• 1984: Executive committee abolished; Vice-president position restored.

• Constitution was a tool to keep executive powers.

• Senate abolished.

• Authoritarian presidential system.

• 1980(s): Turbulent situation.

• August 1983: Benigno Aquino Jr. assassinated

• Marcos forced to hold a snap election.

• Rebel groups formed.

• 1986: EDSA Revolution. Corazon Aquino installed as president.

• Subsequent events after martial law ended.

1987 Constitution (After Martial Law)

• Aquino's decision to create a new constitution.

• March 1986: Aquino proclaimed a transitional constitution; constitutional commission formed to prepare a permanent constitution.

• Transitional constitution, called Freedom Constitution (Presidential Decree).

• 1986 constitutional convention created with 48 members; appointed by Aquino.

• Permanent constitution finalized and adopted on February 2, 1987.

• 18 self-contained articles, Preamble, Democratic Republican state, Sovereignty of the people.

• Allocated governmental powers to Executive, Legislative, and Judiciary.

• Executive Branch headed by President, cabinet appointed by president.

• President limited powers; declaration of martial law only limited to 60 days.

• Congress can revoke or extend martial law.

• Supreme Court reviews martial law declaration.

• President and Vice-President are elected by direct vote.

• Legislative branch: Congress divided into Senate and House of Representatives; 24 senators elected by popular vote (not more than 2 consecutive 6-term).

• House of Representatives made up of district representatives.

• Legislators serve 3-year terms.

• Party-list system to improve participation from underrepresented communities.

• Congress can declare war with ⅔ vote.

• President has veto power and legislative can override.

• Judiciary branch; Supreme Court has 15 members; appointed by the president; judiciary appointments process.

• Supreme Court Justice: hears appeals related to constitutional issues (law, treaties, decrees, jurisdiction, or judicial errors), grave penalties, and original jurisdiction over government/international officials.

• Supervision over lower courts functions.

• Three independent Constitutional Commissions: Civil Service, Commission on Elections, Commission on Audit; duties of each body.

Changing the Constitution

• Charter change (Cha-cha): amending the constitution.

• Three ways to amend the 1987 Constitution: Constitutional Assembly (Con-Ass), constitutional convention (Con-Con), and people's initiative.

• Con-Ass: Congress proposes amendments. Not clear if they vote separately or as a single body.

• Con-Con: Congress votes to call for a convention by ⅔ vote of its members; electorate votes on the initiative. Con-con delegates propose; 1987 constitution does not provide a delegate selection process.

• People's Initiative: Amendments proposed by the people via petition (at least 12% of registered voters) and ratified by a majority in a national referendum. No more amendments allowed for 5 consecutive years. Congress set a law for this process which has not materialized yet.

• Impeachment process initiated by House of Representative and tried by the Senate. (intended to promote moral and ethical conduct).

Attempts to Amend the 1987 Constitution

• Efforts have been made to amend or change the 1987 Constitution.
• Various individuals and groups proposed amendments with varying degrees of success, including but not limited to Jose Almonte, PIRMA, Senator Miriam Defensor-Santiago, Joseph Ejercito Estrada, House Speaker Jose de Venecia, and Benigno Aquino III.
• Factors and considerations around amending the constitution may include issues of economic and judicial provisions; varying views and political contexts may impact any amendment initiatives.

Federalism

• President Duterte expressed support for federalism in the 2016 election campaign.
• Federal government: central government and constituent political units sharing sovereignty.
• Philippines broken into autonomous regions; regions into local government units.
• Regions are largely responsible for industry, public safety, etc.
• Each region will govern their finances and development plans autonomously.
• National government controls foreign policy, defense, etc.
• Shared power in some areas possible between national and regional governments.
• Current system is unitary, concentrating power in the national government (prone to abuse when it comes to funding and resource distributions to regions).
• Potential benefits of federalism: addressing decades-old social problems of the country, potential solution for the conflict in Mindanao, addressing wealth inequality, and reducing reliance on the capital.
• Potential challenges of a federal system: competition between regions, and uneven development, resources unevenly distributed, and complex jurisdictional overlaps.
• Mindanao conflict and the ARMM (Autonomous Region in Muslim Mindanao), already created, exists alongside federalism potential.
• Cost of shifting away from current system would be high and take a long time to streamline any change.