Lesson 13. The Philippine Constitution PDF

The Philippine Constitution Lesson 13 Review: Rizal’s Retraction Document: →Father Vicente Balaguer Accounts →Father Pio Pi Accounts →Rafael Palma’s Analysis →Austin Coates’ Analysis Objectives At the end of the discussion, the student will be able to: →Explain the importance of a co...

The Philippine Constitution Lesson 13 Review: Rizal’s Retraction Document: →Father Vicente Balaguer Accounts →Father Pio Pi Accounts →Rafael Palma’s Analysis →Austin Coates’ Analysis Objectives At the end of the discussion, the student will be able to: →Explain the importance of a constitution in a nation →Trace the development of the Philippine Constitution throughout the country’s history. →Discuss the significant features and provisions incorporated in the seven Philippine Constitution. What is a constitution? - Fundamental law of a nation or a state. - Establishes the character and basic principles of the government. - Forms the fundamental rules and principles by which an organization is managed. - Makes clear the rights of the individual and creates limitation to government power. - “highest expression of the law”. Purposes of the Constitution Democracy is a form of 1. Prescribe the kind of government in which all eligible government that will exist in citizens have an equal say in the the state. decisions that affect their lives. → Article 2 Section 1: The Philippines is a democratic The Philippines is a republic and republican State. with a presidential form of government wherein power Sovereignty resides in the is equally divided among people and all government its three branches: executive, authority emanates from legislative, and judicial. them. Purposes of the Constitution 1. Creates the different departments and specifies their respective function and duties. → Executive, legislative and judicial branches 2. Source of sovereign powers of a government by establishing the fixed, first or basic principles. 3. Promotes public welfare. Establishes the rights of the people which the government is obligated to protect. Constitutional Convention →Body assembled for the express purpose of framing or writing the constitution, revising an existing one or proposing amendments. →After writing the draft constitution, are submitted to a plebiscite for ratification in which the people will decide whether it is acceptable to become law of the land. →The results are then considered and followed by the government. History of the Philippine Constitution At least seven Philippine Constitution were framed in our history. Biak-na-Bato Republic Constitution (1897) Biak-na-Bato Republic Constitution (1897) 1897 –Philippine Revolution reached a stalemate when the revolutionary forces of Emilio Aguinaldo fled to the mountains of Biak –na – Bato in San Miguel de Mayumo, Bulacan Spanish forces led by Gen. Primo de Rivera – realized that even though they could crush the rebels in Bulacan, it did not mean the revolution would end for it was already widespread. - Soon asked for a truce with revolutionary forces. Biak-na-Bato Republic Constitution (1897) Aguinaldo- met with his leaders to establish a recognized government. - Revolutionary government was establish in March that year with Aguinaldo as the president in the Tejeros Assembly. - It was this government that was now Biak – na – Bato. Biak-na-Bato Republic Constitution (1897) - They agreed to have a republican form of government - Two Filipinos, ISABELO ARTACHO and FELIX FERRER- tasked to write the constitution and decided to adopt the provisions of the Cuban Constitution. - Biak – na – Bato Constitution was formulated. - Promulgated by the Philippine Revolutionary Government on Nov. 1, 1897 and became the provisionary constitution of the government during the Revolution against Spain. Biak-na-Bato Republic Constitution (1897) – Unique Features 1. Preamble reiterated the objective of the Revolution which was the separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government. 2. Supreme Council composed of a President, Vice President, Secretary of the Interior, Secretary of the Foreign Relations, Secretary of War, and a Secretary of Treasury. - Sweeping powers of the government which included the power to issue orders and other laws for the security of the State, impose and collect taxes, raise an army, to ratify treaties and to convene an Assembly of the Representatives. Biak-na-Bato Republic Constitution (1897) – Unique Features 3. Official language – TAGALOG 4. Supreme Council of Justice – judiciary power 5. Bill of Rights – Article XXII to XXV. - Lasted only for two years during at which, certain periods, it was superseded by laws and decrees made by Aguinaldo. Malolos Republic Constitution (1899) Malolos Constitution Spanish – American War (1898) – Spanish defeat against USA. - Filipinos began their task of creating the independent nation they valiantly fought. June 12 1898 – Philippine Independence was declared and two weeks later, Aguinaldo ordered the convening of Congress in Malolos Bulacan. - Election were held for the delegates in the provinces that were already free from the Spaniards. - Malolos Congress had its inaugural session at Barasoain Church in Malolos, Sept. 15, 1898 amidst the large coverage by both the local and foreign press. - One of the first Act was to ratify the Independence declaration in Kawit. Malolos Constitution - Was already conceived by Apolinario Mabini – the advisory body of the President - Pedro Paterno – decided to create a constitution to form a government that would recognized by foreign powers. Mabini was against this for he believed that peaceful conditions should prevail first before a constitution to be drafted. However he was overruled by Paterno and his allies. - Felipe Calderon – submitted a draft on October 25, drew inspiration from the constitution of Mexico, Belgium, Guatemala, Costa Rica, Brazil and France. Malolos Constitution - Debate of the separation of the Church and the State. - Catholicism is the state religion. - Proposal was voted twice in the Congress, first it was a tie and second, the separation won by one vote. - Nov 29, 1898 – approved by the Malolos Congress and forwarded to Aguinaldo for approval. Features of Malolos Constitutions Supreme power – given to the legislative body since it is the representative of the people. - Means that the President as well as the judicial body will be selected by the legislative body (the Malolos Congress). - Mabini objected this proposal and the approval was delayed. - They made amendments and the document finally approved by Aguinaldo on January 21, 1899. Features of Malolos Constitutions The Malolos Constitution was the first Republican constitution in Asia. 1. Was based on democratic tradition win which the government formed was “ popular, representative and responsible” with three distinct branches – the executive, legislative and the judicial 2. Called for a presidential form of government with the president elected for a term of four years by a majority of the Assembly convened as a constitutional assembly. 3. Recognized the freedom of religion and the separation of the Church and the State. 4. Emphasized and safeguarded the basic civil rights of not only Filipinos but also foreigners, through Bill of Rights (Article XIX to XXIII).  Congress and Mabini – did not end the strife even though the Constitution was approve. Mabini was eventually replace as president of the Cabinet several months later. First Philippine Republic - January 23, 1899 at the Barasoain Church where Emilio Aguinaldo took his oath of office as the First Philippine president of the republic. - Followed by the reading of the Malolos Constitution and the taking of oath of loyalty by the Army. - Was the FIRST DEMOCRATIC GOVERNMENT of the country. - Management of social services, creation of army, monetary system and diplomatic activities. - Government publication in order to spread to the foreign nations the ideals of the new republic and to ask for support for its recognition. First Philippine Republic - Short lived - Demise start of the Philippine – American War in February 1899 and ceased to exist with the capture of President Emilio Aguinaldo in Palanan, Isabela in March 1901. - The Americans firmly established themselves as the new colonizers of the Philippines with a military government running the country. - July 1901 – formally established the first civil government in the island. 1935 Constitution and the Commonwealth Government Filipinization Policy - The American ran the government in the Philippines, Filipinos were given a role in the legislative function when the Philippine Assembly was established in 1907. - Governor – General Francis Burton Harrison - Filipinization Policy of the government was put in place. - Filipinos were given a hand in running the country. - Majority of the Philippine Commission members and civil servants were replaced by Filipinos. - Jones Law of 1916 – Philippine Autonomy Act was passed by the US Congress. Jones Law Reorganized the government with an American governor – general, a Cabinet an all Filipino legislature composed of the Senate and the house of House of Representative. Provided both the executive and legislative sectors power over domestic affairs, Philippine Legislature – inaugurated on October 16, 1916 with Sergio Osmeña as House Speaker and Manuel Quezon as Senate President. Harrison also formed the Council of State as an advisory body to the governor – general. Jones Law Filipinos still wanted independence so this law provided two resident commissioners to the US to sit and observe the proceedings of the US congress. Eventually relaced by a Commission on Independence or parliamentary missions to the US to petition for Philippine Independence. Philippine Independent Missions to the US 1918 – 1932 The efforts paid off with the creation and approval of the Tydings – McDuffie Law by the US Congress. Approved on March 24 1934, known as Philippine Independence Act. Provided for the drafting and guidelines of a constitution for a “10 year transitional period” before granting the independence. The Philippines is getting ready for its transition from colonial country to a self – governing nation. July 10, 1934 Election was held to vote for the delegate to write a constitution for the Philippines 202 delegates were elected and the convention was opened on July 30. July 31, 1935 – the draft of the constitution was finished February 8, 1935 – approved by the convention. Tomas Cabili – the only one who felt that the Constitution does not serve the people of Mindanao. March 23, 1935 – was approved by Pres Franklin Delano Roosevelt May 14, 1935 – was ratified by the Filipinos by plebiscite 1935 Constitution Serve as the fundamental law of the land from 1935 – 1972. Established the Commonwealth of the Philippines and provides that upon the withdrawal of American sovereignty in the country and the declaration of Philippine Independence, the Commonwealth shall be known as the Republic of the Philippines. Features of 1935 Constitution Composition, powers and duties to the three branches of the government. Created the General Auditing Office and laid down the framework in the establishment of the civil service in the country. Bill of rights, provisions on women suffrage and to be part of the politics. Creation of Philippine Armed Forces for national defense. Development of the national language.  NEXT LESSONS The Japanese Occupation and the Second Philippine Republic (1943 Constitution) The 1973 Constitution and the Marcos Dictatorship Freedom Constitution 1987 Constitution  QUESTIONS - Why is the constitution considered as the highest expressions of the law? - How is constitutions made? - How important is the constitution in one’s nation?