Kim Charles U.

Principe 1st Year Political Science Section 3

Development of Philippine Constitution

Philippines, from a rich culture and tradition began its period of constitutional
evolution when the Spanish colonizers arrived on Philippine shores and attempted to
homogenize the natives. During the era of Spanish colonialism in the Philippines,
organizations were formed which paved the way to the founding of a new constitution for
the Filipinos in the hope of being able to achieve equal rights amongst the Spanish. The
very first constitution passed in the Philippines was the 1897 Constitution of Biac-na-Bato.
The passage of this constitution led to the formation of a temporary government system
in which there were specifications of the different tasks and responsibilities of the
legislative, executive, and judiciary. Also, according to Sison (2014), the Biac-na-Bato
Constitution “strengthened the Filipino national identity by providing a concrete
representation of the Filipino state.” The Biac-na-Bato Constitution; however, was only
prepared to last for 2 years as a ceasefire between the Spanish and Filipino leaders.
Revolutionaries would need to come up with a new one soon.

Following this constitution was the 1899 Malolos Constitution. Two of the most
prominent articles in this constitution were the implementation of the separation of the
Church from the State and the general distribution of rights and state protection for the
Filipino people. By the time that this constitution was passed, the Filipinos were already
on the beginning stage of accumulating the foundation of a proper state and slightly
proliferating democracy. While the Filipinos were trying to shove away the control of the
Church owned by the Spanish, there were some who had also wished to separate matters
regarding religion towards politics; there was a hint of Church intolerance yet democratic
piety. The Filipino soul, according to Macapagal (1993), “is preponderantly an alloy of
Christianity and democracy. In other words, democracy is intertwined in the spirit and
body of most Filipinos”. Perhaps that is the reason why the Philippines has remained a
religious and democratic country even up to the present. Focusing on the distribution of
rights and protection for the Filipinos, the constitution offered a relief for the Filipinos who
had been intricately discriminated against by the colonizers and established a basis on
which the Filipinos indeed have rights to property, national and individual aspects. After
this, several other bills and acts were passed such as the Acts of the United States
Congress, Philippine Organic Act of 1902, Philippine Autonomy Act of 1916 and finally,
the Tydings Mcduffie Act of 1934 which paved the way for the creation of a new
constitution. The constitution after the Biac-na-Bato and Malolos was the 1935
Constitution which was the constitution passed during the arrival of the Americans in the
Philippine archipelago. The 1935 Constitution aimed to protect the right of the citizens by
elaborating civilian rights through the incorporation of the Bill of Rights and organization
of the system of elections and governance by amending the previous constitution’s
articles about the distribution of responsibilities in the government.
 Through the 1935 Constitution, the corresponding responsibilities of the three
branches of the government were defined and also established a system for a means of
impeachment if ever an individual elected from either of the mentioned branches violates
the constitution or by any other heinous reason. According to George Malcolm (1920),
“after American occupation of the Philippines, the Filipinos were permitted to assume a.
more responsible part in the government of their own country. The theory of the American
Government was, first to instruct the Filipino people in methods of free institutions and
self-government and to make a government partly of Americans and partly of Filipinos.
This policy evolved into one of a government of Filipinos assisted by a few Americans.”
From the passage of the 1935 Constitution, another thing that must be recognized from
this constitution is the Article XVII which is the “Special Provisions Effective upon the
Proclamation of the Independence of Philippines”. It is from this article that we can
undoubtedly assume the liberation of the Philippines from Spanish rule as influenced by
the Americans. Though this part may seem a bit controversial due to the fact that we
cannot fully say that the creation of this constitution was truly and entirely “Filipino-
influenced”, Article XVII is inevitable because of the Treaty of Paris in which our colony
achieved the freedom it deserves against the Spanish. It was also during this period
(specifically, during the arrival of Isabella II of Spain) where education for women began.
According to Viardo A. (1969), “the crucial concern in the in the area lies in the definition
of the nature and extent of the roles women will play in society. Only by such delineation
in Asia in the next developmental decade will the women be ready to move into the
concern for a higher and quality education.” Though the constitution, however, does not
specify that the women be given equal education until the 1987 Constitution, it is
nevertheless better to point out that among the South East Asian nations, the Philippines
was one of the earliest who gave such treatment to women. During the latter years of
American colonization and the arrival of the Japanese in the Philippines, the 1943
constitution was passed. The 1943 constitution, if I were to describe it, was the improved
version of the previous constitution. Here, the duties and rights of the citizens finally
included in its written form the duty of paying taxes and the indication of the state’s support
of legal contracts. Through the invasion of two forces, namely the Japanese and the
Americans, the Filipinos, during the passage of this constitution was able to put more
emphasis on the property rights and distribution of their lands, specifically, their natural
resources as presumed from the Article VIII of this constitution.
The next Constitution after this one was the 1973 Constitution. During the passage
of this Constitution, Martial Law became the system of governance of the Philippines. The
Filipinos were able to reclaim democracy through the election of a new president namely,
President Corazon Aquino. According to Bosworth (1986), as cited by Macapagal (1993),
“the Filipinos were able to retrieve their democracy because they draw on their collective
memory of a functioning democracy”. Succeeding the 1973 was the 1986 Freedom
Constitution. This Constitution was intended to draw the line in which democracy and
authority should be implemented. As influenced by the previous Martial law, this
constitution was made for the purpose of strengthening the “freedom” in which is
considered as the common good in our country. Ramos (1998) stated that, “even crisis
has its uses. Our times of troubles has created the movements that we must replace our
accustomed ways which no longer work”. Thus, it is here that the importance of
reformation such as indicated by the trauma caused by the Marcos dictatorship caused.
After the 1986 Constitution is the 1987 Constitution which is the present Constitution of
the Philippines. In this constitution, the participation of the youth and the Philippine
economy has given specified. In this constitution, we can see the economic approach it
plans to focus on in Article 12 as somewhat “economically competitive”, as one would
expect in a developing country. This constitution also offers a support for the Filipino
family as indicated in one of its articles, the 1987 Present Constitution, can be assumed
as the product of the historical evolution of Philippine constitutions of the past.
 References
Sison A. (2014, August). Philippine Government Constitutions. PGC class. Lecture
conducted from University of Santo Tomas, Manila, Philippines

Macapagal, D. (1993) Constitutional Democracy in the Philippines. p. 8-10. Santo Tomas

University Press: University of Santo Tomas, Manila Philippines

Malcolm, G. (1920). Constitutional history of the Philippines. American Bar Association

Journal 6(5), 109-112. Retrieved 12-08-2014 14:39 UTC from
http://www.jstor.org/stable/25700699

Viardo, A. (1969). The Educational Dilemma of Women in Asia: Selected Papers from
the Golden Anniversary Conference of the Philippine Women University on the
Education of Women in Developing Countries Held at the Local Pavilion; Manila; P.W.U.
Philippines

Ramos F (1998) Developing ass a Democracy: Reform and recovery in the Philippines.
P. 127. Macmillan publishers LTD: Houndmills, Basingstroke, Hampshire RG21 6xs and
London. Printed in Hong Kong