Social, Political, Economic, and Cultural Issues in Philippine History: The Philippine Constitution PDF

# Social, Political, Economic, and Cultural Issues in Philippine History: The Philippine Constitution ## What is a Constitution? A constitution is a set of rules that seek to establish the duties, powers, and functions of the institutions of government and define the relationship between the state...

# Social, Political, Economic, and Cultural Issues in Philippine History: The Philippine Constitution ## What is a Constitution? A constitution is a set of rules that seek to establish the duties, powers, and functions of the institutions of government and define the relationship between the state and the individual (Heywood, 2013). A constitution may be classified on the basis of the status of their rules, how easily their rules can be changed, the degree to which their rules are observed in practice, and the content of their rules and the institutional structures that they establish (Heywood, 2013). ## A Good Written Constitution - Constitution of liberty - texts that provide for civil and political rights of the citizens as well limitations on the powers of government - Constitution of government - provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate - Constitution of sovereignty - provisions pointing out the mode where formal changes in the fundamental law may be brought about ## Constitution of the Philippines - Has been in effect since 1987 - Only three other constitutions have effectively governed the country: 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution > Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. ## Parts of the Government Under This Constitution - Executive - Legislative - Judiciary - Presidential System of Government ## The General Form of a Constitution - A Preamble - An organizational section that sets out the powers of government institutions - A Bill of Rights - Procedures for amendment ## Why is the Bill of Rights Important? ## The Historical Development of the Philippine Constitution 1. Biak-na-Bato/Malolos Constitution - First Republic 2. 1935 Constitution – Commonwealth Government to Third Republic 3. 1973 Constitution – Fourth Republic under Marcos Regime 4. 1986 Constitution – Transitory/Provisionary 5. 1987 Constitution – Present Constitution ## 1897: Constitution of Biak-na-Bato - This is also known as the provisional constitution during the Philippine Revolution and was signed on Nov. 1, 1897. - Based on the Cuban constitution and was written by Isabelo Artacho and Felix Ferrer ### Parts of the Government Under This Constitution: 1. Supreme Council - vested with the power of the Republic, headed by the president and four (4) department secretaries: the interior, foreign affairs, treasury, and war 2. Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice) - given the authority to make decisions and affirm or disprove the sentences rendered by other courts and to dictate rules for the administration of justice 3. Asamblea de Representantes (Assembly of Representatives) - to convene after the revolution to create a new Constitution and to elect a new Council of Government and Representatives of the people ## Preamble of the Biak-na-Bato > The separation of the Philippines from the Spanish monarchy an their formation into an independent state with its own government called 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 its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the representatives of the Revolution, in a meeting at Biak-na-bato, November 1, 1897, unanimously adopted the following articles for the constitution of the State - The constitution was never fully implemented because of the Pact of Biak-na-Bato between the Spanish and the Philippine Revolutionary Army (Candelaria & Alporha, 2018). ## 1899: Malolos Constitution - Drafted by a commission composed of wealthy and educated men on September 17, 1898. - The commission was elected by the Malolos Congress. - Approved by the Congress on Nov. 29, 1898 and was promulgated by Aguinaldo on Jan. 21, 1899. - This constitution was patterned after the Spanish Constitution of 1812 and the French Constitution of 1793. - Main author was Felipe Calderon who also said that this constitution was based on those two aforementioned constitutions from Spain and France because these countries have similarities with the social, political, ethnological, and governance conditions with the Philippines. ## Preamble (Malolos 1899 Constitution) > We, the Representatives of the Filipino people, lawfully convened, to establish justice, provide for common defense, promote the general welfare, and ensure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following: ## 1935: The Commonwealth Constitution - After the Treaty of Paris, the Philippines was subjected to the power of the United States of America, effectively the new colonizers of the country. - By 1934, the Tydings-McDuffie Act, also know as the Philippine Independence Act, was passed by the United States Congress that provided authority and defined mechanisms for the establishment of a formal constitution by a constitutional convention (Candelaria & Alporha, 2018, p. 75). - On July 30, 1934, the members of the convention were elected and had their first meeting with Claro M. Recto unanimously elected as president. - The 1935 constitution was crafted to meet the approval of the United States government. ## Preamble of the 1935 Constitution > The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy. Do ordain and promulgate this constitution. - A transitional administration to prepare the country for its “full independence”. - It provided for a unicameral National Assembly with a president and vice president elected to six-year term without re-election. - It was amended in 1940 to have a bicameral Congress composed of a Senate and a House of Representatives, as well as the creation of an independent electoral commission, and limited the term of office of the president and vice president to four years, with one re-election. - Rights to suffrage were originally afforded to male citizens who are 20 years or over and are able to read and write. This was later on extended to women within two years after the adoption of the constitution. - It was briefly interrupted by the events of the World War II, with the Japanese occupying the Philippines. - On July 4, 1946, Philippines was declared an independent republic. > “Nationalism is nourished by a sense of history. It is of its essence to know profoundly the past, so that we may be in complete openness with the men who made that history and in intimate communion with their thoughts, their deeds, and their noble lives." > -Claro M. Recto, Jr.