Philippine Constitutions PDF

1897 Constitution (Biak-na-Bato Constitution) Adopted: November 1, 1897 Nature: Revolutionary constitution during the Philippine revolution against Spanish rule. Form of Government: Republic Key Features: Temporary Constitution: Meant to guide the revolutionary government. Executive Power: Veste...

1897 Constitution (Biak-na-Bato Constitution) Adopted: November 1, 1897 Nature: Revolutionary constitution during the Philippine revolution against Spanish rule. Form of Government: Republic Key Features: Temporary Constitution: Meant to guide the revolutionary government. Executive Power: Vested in the President (Emilio Aguinaldo). Legislative Power: Vested in a Supreme Council made up of four departments—Interior, Foreign Affairs, Treasury, and War. Democratic Ideals: Reflected the desire for independence and self-governance. Bill of Rights: Promoted civil liberties such as equality before the law, freedom of speech, and right to assembly. Ratification: Limited adoption within revolutionary territories. Short-lived: Replaced when the revolution ended with the signing of the Pact of Biak-na-Bato. 1899 Constitution (Malolos Constitution) Adopted: January 21, 1899 Nature: First official republican constitution of the Philippines. Form of Government: Republican government with a Parliamentary System. Key Features: Separation of Powers: Executive, Legislative, and Judicial branches. Legislature: Unicameral National Assembly. Executive Power: Vested in the President, with a term of four years. Judicial Independence: Established courts with clear independence from political influences. Bill of Rights: Ensured civil liberties including freedom of speech, religion, and assembly. Popular Sovereignty: Declared that the sovereignty resides in the people. National Language: Promotion of a national language, though Spanish remained the official language. Aimed at Independence: It was an assertion of Philippine independence against both Spain and the United States. Downfall: Constitution was dissolved after the capture of Emilio Aguinaldo and the fall of the First Republic to U.S. forces during the Philippine-American War. 1935 Constitution Adopted: Approved on February 8, 1935; ratified on May 14, 1935. Nature: Framework for the establishment of the Commonwealth of the Philippines under U.S. sovereignty. Form of Government: Presidential Republican government. Key Features: Bicameral Legislature: Consisting of the Senate and House of Representatives. Executive Power: Vested in the President, elected to a six-year term with no re-election. Strong Executive: President had strong powers, including control over the military. Judicial Power: Entrusted to an independent judiciary, headed by the Supreme Court. Bill of Rights: Enshrined civil liberties, including the protection of life, liberty, and property. Amendment Mechanism: Provided processes for constitutional amendments. Transition to Independence: Served as the framework leading to the establishment of the independent Republic of the Philippines in 1946. Women’s Suffrage: Introduced the right of women to vote through an amendment in 1937. Revised in 1940: The Constitution was amended to allow the re-election of the President (two four-year terms). 1943 Constitution (Japanese-sponsored Constitution) Adopted: Approved on September 4, 1943, during the Japanese occupation. Nature: Puppet constitution under the Japanese-sponsored government. Form of Government: Republic, but with limited sovereignty under Japanese control. Key Features: Executive Power: Vested in the President, with Jose P. Laurel as the head of the Japanese-sponsored Philippine Republic. No Vice President: No provision for the office of the vice presidency. Unicameral Legislature: The National Assembly. Limited Judicial Independence: Courts existed but were subject to Japanese supervision and control. No Bill of Rights: It did not emphasize civil liberties, as it was focused on aligning the Philippines with Japan’s wartime goals. Temporary Constitution: Ended with the defeat of Japan and the restoration of the 1935 Constitution in 1945. Viewed as Illegitimate: It was not recognized as legitimate by many Filipinos because it was imposed during the occupation. 1973 Constitution Adopted: Ratified on January 17, 1973, during the presidency of Ferdinand Marcos. Nature: Constitution during Martial Law under the Marcos regime. Form of Government: Transitioned from a Presidential to a Parliamentary System. Key Features: Prime Minister: The executive power was vested in a Prime Minister, but in reality, Marcos retained both executive and legislative control. Unicameral Legislature: Batasang Pambansa, which replaced the bicameral Congress. President’s Role: While executive power was theoretically in the hands of the Prime Minister, Marcos retained the role of President with significant powers, especially under Martial Law. Bill of Rights: Retained but widely ignored during the Martial Law period. Martial Law Provisions: Allowed the President to declare Martial Law in cases of invasion, rebellion, or when public safety was endangered. Amendment Mechanism: Allowed for amendments through a referendum, often manipulated during the Marcos era. Authoritarian Rule: Marcos used the Constitution to legitimize his authoritarian rule, extending his power indefinitely. Plebiscite Controversies: The 1973 Constitution's ratification was marred by allegations of manipulation during the plebiscite process. Ended in 1986: Replaced after the People Power Revolution that ousted Marcos, leading to the adoption of the 1987 Constitution. SALIENT FEATURES 1897 Constitution (Biak-na-Bato Constitution) Executive: Headed by the President, Emilio Aguinaldo. The President had wide executive powers and controlled the revolutionary army. Legislative: Supreme Council: This body had legislative functions and was divided into departments such as Interior, Foreign Affairs, Treasury, and War. Council members were elected and held significant influence over the revolutionary movement. Judicial: Courts of Justice were established under the constitution, but their structure and functions were not as clearly defined as in later constitutions. Limited due to the ongoing revolution and unstable conditions. 1899 Constitution (Malolos Constitution) Executive: The President of the First Philippine Republic was Emilio Aguinaldo, with a four-year term. The President was the head of state and government, exercising significant executive powers. Legislative: Unicameral National Assembly: The Malolos Congress had legislative powers, with members elected by popular vote. The Assembly could enact laws, approve budgets, and ratify treaties. Judicial: Independent Supreme Court and lower courts were established. Judges were appointed by the National Assembly and were independent from political pressures, a key advancement in the establishment of judicial independence. 1935 Constitution Executive: The President was the head of state and government, serving a six-year term initially (amended to two four-year terms in 1940). The President had strong executive powers, including control over the military and the ability to veto legislation. Vice President also existed and would succeed the President in case of death or incapacity. Legislative: Bicameral Congress: Consisted of the Senate and the House of Representatives. Senate: Members were elected nationwide and served six-year terms. House of Representatives: Members were elected from legislative districts and served three-year terms. Judicial: The judicial power was vested in the Supreme Court and lower courts. The judiciary was independent, with Supreme Court justices appointed by the President but not removable at will. The judiciary had the power to interpret laws and decide constitutional issues. 1943 Constitution (Japanese-sponsored Constitution) Executive: President was the head of state, with Jose P. Laurel as the figurehead during the Japanese occupation. No Vice President was included in the government structure. The President had limited independence, as Japanese authorities had significant influence over policy and governance. Legislative: Unicameral National Assembly: Members were selected by the Japanese-controlled government. The Assembly had limited powers and was under the control of Japanese authorities, serving more as a rubber-stamp body. Judicial: A formal judicial system was maintained, with courts including the Supreme Court. However, the judiciary had limited independence and functioned under the watch of the Japanese military, which had overriding authority. 1973 Constitution Executive: The Prime Minister was the head of government, but executive power was still largely concentrated in the hands of President Ferdinand Marcos. President: Although the role of Prime Minister existed, Marcos continued to hold substantial power, especially under Martial Law. The President had the power to dissolve the legislature, declare Martial Law, and issue decrees with the force of law. Legislative: Unicameral Batasang Pambansa: Replaced the bicameral Congress with a single legislative body. Members were elected, but many were allied with Marcos, reducing legislative independence. Legislative powers were often overridden by the President through decrees during Martial Law. Judicial: The judiciary was theoretically independent, with power vested in the Supreme Court and lower courts. However, during the Marcos regime, the judiciary’s independence was undermined, especially during Martial Law when the President could influence judicial appointments and decisions. The courts had the power to review the constitutionality of laws and executive actions, but this was weakened under Marcos’ authoritarian rule.