The Constitutions of the Philippines PDF

The CONSTITUTION of the Philippines and its Implications to Development  I HISTORICAL BACKGROUND OF THE ARTICLE/DOCUMENT  Historical Background of the Article/document ✣ The Philippines has had a total of six (6) constitutions since the Proclamatio...

The CONSTITUTION of the Philippines and its Implications to Development  I HISTORICAL BACKGROUND OF THE ARTICLE/DOCUMENT  Historical Background of the Article/document ✣ The Philippines has had a total of six (6) constitutions since the Proclamation of Independence on June 12. 1899. ✣ The present constitution of the Philippines is regarded as the most polished and most responsive to the needs of the Filipino people but amendments and changes are still recommended. 3  II ANALYSIS OF THE IMPORTANT HISTORICAL INFORMATION FOUND IN THE DOCUMENT Constitution is a codified list of provisions that identifies the limitations of the power of the government and enumerates its responsibilities to the people. It is the highest law of the land. 5  The Philippines has had 6 constitutions: 1899 Malolos 1943 1986 Provisional Constitution Constitution “Freedom” (1899-1901) (1943-1945) Constitution (1986) 1935 1973 1987 Constitution Constitution Constitution (1935-1943, (1973-1986) (1987- 1945-1973) present) 6  1899 Malolos Constitution (1899-1901) ✣ Drafted after the Congress of the Aguinaldo Revolutionary Gov’t convened on Sept. 15, 1898 at the Barasoain Church in Malolos, Bulacan ✣ Three (3) initial drafts of the Malolos Constitution: (1) the True Decalogue and Constitutional Program of Apolinario Mabini; (2) the Pedro Paterno Vesion; (3) the Felipe Calderon version, which prevailed among the three drafts. 7  1899 Malolos Constitution (1899-1901) ✣ Majority of the arguments on the discussions and debates regarding the draft was centered on the provision stipulating the separation of church and state ✣ Took into account constitutions of other countries such as those of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala ✣ The overall structure was borrowed from Costa Rica, Chile, and Spain 8  1899 Malolos Constitution (1899-1901) ✣ Provided three significant features: ⨳ Provision for an independent Republic of the Philippines consisting of three independent powers distributed to the executive led by the president with a term of 4 years and not eligible for re-election, a unicameral legislative and the judicial ⨳ The Bill of Rights ⨳ The Separation of Church and State 9  1935 Constitution (1935-1943, 1945-1973) ✣ The 1935 Constitution was written, approved and adopted in 1934 by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic (1946–1972). ✣ It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence. 10  1935 Constitution (1935-1943, 1945-1973) ✣ This constitution was dominantly influenced by the Americans, but possess the traces of the Malolos Constitution, the German, Spanish, and Mexican Constitution, constitutions of several South American countries, and the unwritten English Constitution. ✣ The original 1935 Constitution provided for a unicameral National Assembly, and the President was elected to a six-year term without the possibility re-election. It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission and to grant the President a four-year term with a maximum of two consecutive terms in office. 11  1943 Constitution (1943-1945) ✣ The 1943 Constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile. ✣ In mid-1942, Japanese Premier Hideki Tōjō promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic. 12  1973 Constitution (1973-1986) ✣ The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a unicameral National Assembly whose members were elected for six-year terms. ✣ The President was ideally elected as the symbolic and purely ceremonial head of state chosen from amongst the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a Member of the National Assembly. During his term, the President was not allowed to be a member of a political party or hold any other office. 13  1986 Provisional “Freedom” Constitution (1986) ✣ Immediately following the 1986 People Power Revolution that ousted Marcos, President Corazon C. Aquino issued Proclamation № 3 as a provisional constitution. ✣ It adopted certain provisions from the 1973 Constitution while abolishing others. It granted the President broad powers to reorganize government and remove officials, as well as mandating the president to appoint a commission to draft a new, more formal Constitution. 14  1987 Constitution (1987-present) ✣ Ruling by decree during the early months of her tenure as a president installed via the People Power Revolution, President Corazon Aquino was granted three options: restore to 1935 Constitution, retain and make reforms to the 1973 Constitution, or pass a new constitution. ✣ She decided to draft a new constitution and issued Proclamation No. 3 on March 25, 1986, abrogating many of the provisions of th 1973 Constitution adopted during the Marcos regime, including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and provisions which gave the President legislative powers. 15  iii CONTRIBUTION AND RELEVANCE OF THE DOCUMENT IN UNDERSTANDING THE GRAND NARRATIVE OF THE PHILIPPINE HISTORY  CONTRIBUTION AND RELEVANCE OF THE DOCUMENT IN UNDERSTANDING THE GRAND NARRATIVE OF THE PHILIPPINE HISTORY ✣ The evolution of our constitution shows how the Philippines have grown from the occupation of foreign countries. ✣ Having our own Constitution and have it grow towards the years back then shows that the Philippines can build up its government even back then. 17  iv Relevance of the Document  RELEVANCE OF THE DOCUMENT ✣ It contains the basic set of laws, rights, and principles that the Philippines has. ✣ It provides for a system for governance of a country in order to establish a stable government and rule of law, and which must be abided by in all situations. 19