Evolution of Philippine Constitution

Evolution of Philippine Constitution

• A constitution is a set of fundamental principles or precedents that guide a state or organization.
• The word "constitute" means to be part of a whole, where different entities come together under shared principles and ideals. These principles determine the extent and nature of government.
• The current Philippine Constitution has been in effect since 1987.
• There have been three other Philippine constitutions: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.

1897: Biak-na-Bato Constitution

• The Biak-na-Bato Constitution was a provisional constitution of the Philippine Republic during the Philippine Revolution.
• It was promulgated by the Philippine Revolutionary Government on November 1, 1897.
• The constitution, based on the Cuban model, was written in Spanish by Isabelo Artacho and Felix Ferrer, later translated to Tagalog.
• The Biak-na-Bato Constitution outlined the following organs of government:
  • The Supreme Council, holding the power of the republic, headed by the president and four department secretaries.
  • The Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice). This council made decisions on judgments and managed the administration of justice.
  • The Asemblea de Representantes (Assembly of Representatives), planned to meet after the revolution to form a new constitution and elect a new governing council.
• The constitution's preamble aimed to establish the Philippines into an independent state, separate from Spanish monarchy.
• It was never fully implemented due to a truce signed between Spain and the Philippine Revolutionary Army.

1899: Malolos Constitution

• The Malolos Congress elected a commission to write a draft of a constitution.
• The draft was composed of educated, wealthy members
• The document was titled "The Political Constitution of 1899" and written in Spanish.
• The constitution is comprised of 39 articles in 14 titles and 8 articles for transitory provisions.
• It was influenced by the Spanish Constitution of 1812, as well as charters of countries like Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and the French Constitution of 1793.
• Filipino revolutionary leaders agreed to a payment from Spain and went to exile in Hong Kong after a truce.
• The United States Navy transported Aguinaldo back to the Philippines, after the defeat of the Spanish in the Battle of Manila Bay.
• The Malolos Constitution set the stage for a popularly elected Philippine Republic after the Philippine Revolution.
• The Constitution was never fully enforced due to the ongoing war and the subsequent Treaty of Paris, transferring sovereignty of the Philippines to the United States.

1935: The Commonwealth Constitution

• The Treaty of Paris transferred the Philippines to the United States, placing the country under military government from 1898 to 1901.
• The Philippine Organic Act of 1902 established a popularly elected Philippine Assembly.
• The Philippine Autonomy Act of 1916 modified the structure of the Philippines, and, for the first time, created a bicameral structure, with separate Senate and Representatives.
• A unicameral National Assembly was originally established, with a president and vice-president elected to a six-year term without re-election.
• In 1940, The constitution was amended to include a bicameral Congress, a Senate, House of Representatives and the establishment of an independent electoral commission. The term of office for president and vice-president was limited to four years, with one re-election allowed.
• Filipino male citizens aged 21 and older who could read and write, and women later on , were eligible to vote.
• The constitution was influenced by American, Spanish and other charters, and the Philippine Revolution.
• Elections were held, Manuel L. Quezon was elected President of the Commonwealth.
• The Commonwealth was interrupted by World War II and Japanese occupation.
• The Philippines was declared an independent republic on July 4, 1946.

1973: Constitutional Authoritarianism

• Ferdinand Marcos was elected president in 1965.
• Marcos was re-elected in 1969.
• A constitutional convention was called to change the 1935 Constitution.
• Marcos cited communist insurgency as the reason for Martial Law which was declared before convention finished.
• Delegates were detained or exiled.
• Marcos was accused of manipulating the constitution to maintain power.
• The convention approved a new constitution in 1972.
• The 1973 constitution introduced a parliamentary-style government.
• The president was the symbolic head of state, with the legislative power vested in a unicameral National Assembly.
• President Marcos appointed a prime minister for executive power.
• The constitution was amended several times under Martial Law.
• A plebiscite held to ratify the constitution was postponed, and replaced with Citizen Assemblies.
• Marcos was forced to hold early, fraudulent elections.
• An act of defiance caused the EDSA People Power uprising.
• Marcos was forced into exile in 1986.

1987: Constitution After Martial Law

• President Corazon Aquino's government had three options regarding the constitution: to revert to the 1935 Constitution, retain the 1973 constitution with reforms, or start a new constitution.
• A new constitution was drafted by the 1986 constitutional convention.
• The new constitution, called the Freedom Constitution, kept many provisions from the old constitution.
• The new constitution established the Philippines as a "democratic republic State", with sovereignty residing in the people.
• Power was divided among the Executive, Legislative, and Judicial branches.
• The Executive branch was headed by the president, with limited power and checks and balances.
• Martial Law, though possible in emergency, was limited to 60 days.
• The Supreme Court oversaw the lower courts and could review government decrees.
• The constitution created independent commissions to deal with government personnel, elections, and auditing.
• The Ombudsman was created to investigate public officials.
• The House of Representatives impeached the president and, if necessary, the Supreme Court.
• The Senate tried the impeachment case.
• The Constitution included three methods of amendment: Constituent Assembly, Constitutional Convention, and People's Initiative.
• The convention was composed of members appointed by President Aquino.

Attempts to Amend the 1987 Constitution

• Various presidents attempted to amend the constitution.
• Efforts were made through Constituent Assembly, Constitutional Convention, and People's Initiatives.
• These attempts were often blocked by different entities.
• Some attempted changes were focused on economic provisions or the judiciary.
• Presidential Rodrigo Duterte attempted to review the Constitution in 2016.

Explore the development of the Philippine Constitution from its colonial origins to the current document effective since 1987. This quiz covers key historical constitutions including the Biak-na-Bato Constitution of 1897 and other significant laws that shaped the nation. Test your knowledge and understanding of the principles that govern the Philippines.