CHAPTER 4: Social,

Political, Economic &

Cultural Issue in Phil.
History
Evolution of the Philippine Constitution
 Constitution
- is a set of fundamental principles or
established precedents according to which a state or
other organization is governed.
- it is a part of a whole, the coming together of
distinct entities into one group, with the same principles
and ideals.
- define the nature and extent of government.
 Constitution of the Philippines
- supreme law of the Republic of the Philippines
(1897)
 3 Constitution that govern the country:
1. 1935 Commonwealth Constitution
2. 1973 Constitution
3. 1986 Freedom Constitution
 Evolution of the Philippine Constitution

1987:
1897: 1899: 1935: The 1973: Constitution
Constitution
Malolos Commonwealth Constitutional after
of Biak na
Constitution Constitution Authoritarianism Martial
Bato
Law
 1897: Constitution of Biak na Bato
 provisionary Constitution of the Philippine Republic during the Philippine Revolution.
 November 1, 1897 (Philippine Revolutionary Government)
 the constitution borrowed from Cuba was written by Isabelo Artacho and Felix Ferrer in
Spanish.
Organs of the government under the constitution were:
1. the Supreme Council- vested the power of the Republic
*President & the 4 department secretaries (interior, foreign affairs, treasury and war)
2. the Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace & 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. the Asemblea de Representantes (Assembly of Representatives)
-which was convened 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 Constitution
The separation of the Philippines from the Spanish monarchy and
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.
 1899: Malolos Constitution
Promulgated by Aguinaldo on January 21, 1899
“The Political Constitution of 1899” and written in Spanish
It has 39 articles divided into 14 titles, with 8 articles of transitory provisions, and a
final additional title.
It was patterned from the Spanish Constitution of 1812 (charters of Belgium,
Mexico, Brazil, Nicaragua, Costa Rica and Guatemala, and the French Constitution of
1793.
 Felipe Calderon- author of the Constitution.
 they shared similar social, political, ethnological, and governance conditions with the
Philippines.
 1899: Malolos Constitution
It was influenced also by the ff:
*Kartilya and the Sanggunian-Hukuman (the charter of laws and
morals of the Katipunan written by Emilio Jacinto in 1896;
*the Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho;
*Mabini’s Constitutional Program of the Philippine Republic of 1898;
*Provisional constitution of Mariano Ponce in 1898; and
*autonomy projects of Paterno in 1898.
Preamble of the Political Constitution of 1899
We, the representatives of the Filipino people, lawfully
convened in order to established justice, provide for common
defense, promote the general welfare and insure the benefits of
liberty, imploring the aid of the Sovereign Legislature of the
Universe for the attainment of these ends, have voted, decreed
and sanction the following political constitution.
 the27 articles of Title IV detail the natural rights and
popular sovereignty of Filipinos.
 The Title III, Article V declares that the state
recognizes the freedom and equality of all beliefs, as well
as the separation of Church and the State.
 Title II, Article IV- the form of government is to be
popular, alternative and responsible and shall exercise
three distinct powers- legislative, executive and judicial.
3 Distinct Powers:
1. Legislative Power- unicameral body called the
Assembly of Representatives (term of 4yrs.)
2. Executive Power- vested in the President
(elected by a constituent assembly of the Assembly of
Representatives and special representatives.
3. Judiciary Power
Note: The 1899 Malolos Constitution was NEVER
ENFORCED due to the ongoing war.
1935: The Commonwealth Constitution

• Treaty of Paris
• Philippine Organic Act of 1902- first organic law for the Phil.
Islands that provided for the creation of a popularly elected
Philippine Assembly.
-Bicameral Legislature ( Philippine Commission/Upper
house) and (Philippine Assembly /Lower House)
• Philippine Autonomy Act of 1916/Jones Law -modified the
structure of the Philippine government through the removal of
the Phipippine Commission replacing it with a Senate that served
as the upper house and ots members elected by Filipino voters,
the first TRULY ELECTED NATIONAL LEGISLATURE.
- it explicitly declared the purpose of the United
States to end their sovereignty over the Philippines.
• Hare-Hawes Cutting act- a law passed setting a process and a
date for the philippines to gain independence from the United
States.
• Tydings-McDuffie Act/Philippine
Independence Act- was passed by the
United States Congress that provided
authority and defined mechanisms for
the establishments of a formal
constitution by constitutional
convention.
 1935: The Commonwealth Constitution
 Commonwealth of the Philippines- an administrative body that governed the
Philippines from 1935-1946.
- a transitional administration to prepare the country toward its full
achievement of independence.
- originally provided a UNICAMERAL National Assembly with a President
and Vice President elected to a six-year term without re election.
- it was amended in 1940 to have a bicameral Congress (Senate and House of
Representatives), and the term of office of Pres. And VP to 4 years.
- approve by the constitutional convention on 8 February 1935.
- ratified by US Pres. Franklin Roosevelt march 25, 1935
- Manuel L. Quezon (President of the Commonwealth Government.
 1973: Constitutional
Authoritarianism
• in 1965, Ferdinand E. Marcos was elected President.

1967- Philippine
Martial Law was declared for
Congress passed a
the reason of growing
resolution calling for a
communist insurgency, which
constitutional convention
was provided for in the 1935
to change the 1935
Constitution.
Constitution.
- It was supposed to introduce a
- In 1981, French style Semi-
parliamentary government.
Presidential system.
- Unicameral National
- after all the amendments
Assembly (6 years term)
introduced, 1973 constitution was
- President (symbolic and
merely:
ceremonial head of the state)-
- 1. a way for the President to keep
6year term & could be reelected
executive powers;
for an unlimited number of
- 2. abolish the Senate;
terms.
- 3. functioned as an authoritarian
- Prime Minister (head of the
presidential system, with all the
government and Commander-in-
real power concentrated in the
Chief of the Armed Forces who
hands of the president, with the
was also to be elected from the
backing of the Constitution.
National Assembly).
• August 21 1983, assassination of Benigno Aquino Jr.-
opposition leader and the most credible alternative to
President Marcos.
• Snap Election- Marcos declared himself winner despite
international condemnation and nationwide protests.
• EDSA People Power Revolution of 1986- people from
all walks of life spilled onto the streets.
• Corazon Aquino elected as a President on February 25,
1986
 1987: Constitution after Martial Law
• President Cory Aquino’s government had three options regarding the
constitution:
1. revert to the 1935 Constitution;
2. retain the 1973 Constitution and be granted the power to make reforms;
and
3. start a new and break from the “vestiges of a disgraced dictatorship”
• A new constitution that is “ truly reflective of the aspirations and ideals of the
Filipino people”.
• Transitional constitution called Freedom Constitution.
• February 2, 1987
• The constitution begins with a preamble and 18 self-
contained articles.
• “Democratic republican state” where sovereignty
resides in the people and all government authority
emanates from them.
• It allocates 3 governmental powers among the
executive, legislative and judicial branches of
government.
 EXECUTIVE BRANCH LEGISLATIVE BRANCH JUDICIARY BRANCH

 make laws, amend or repeal them.

 Laws- rules and regulations enacted
by the legislature which govern the
relations of the people among
themselves or between them and
 Administer and enforce laws the government.
 Interpret the laws and the final
 President- head of the State and the  Congress (bicameral legislature)
bulwark of liberty.
chief executive. 1. Senate/Upper House- 24
 Supreme Court- Chief Justice and
 Vice President members/not more than 2
14 associate Justices.
 Single 6 year term consecutive 6 yr term.
2. House of Representatives/Lower
House-250 members known as
Congressmen or Representatives/
not more than 3 consecutive 3year
term.
• Three independent Constitutional Commissions:
1. Civil Service Commission- a central agency in charge of government personnel.
2. Commission on Elections- mandated to enforce and administer all election laws and
regulations
3. Commission on Audit- examines all funds, transactions, and property accounts of
the government and its agencies.
• Office of the Ombudsman- created to investigate complaints that pertain to public
corruption, unlawful behavior of public officials, and other public misconduct.
 Changing the Constitution
• Constituent Assembly (Con-Ass)
- Congress (Senate and House of Representatives)
- propose amendments to the Constitution
• Constitutional Convention(Con-Con)
- a vote of two-thirds of the members of the Congress.
- the delegates will propose amendments or revisions to the constitution, not Congress.
• People’s Initiative (PI)
- Amendments to the constitution may be proposed by the people upon the petition of
atleast 12% of the total number of registered voters.
 FEDERALISM

• Supported by President Duterte.

• a type of government where two sets of administrative machineries share in
the administrative duties. The federal government takes care of the national
affairs (foreign policy and defense) while the state/regional/local
government handles local affairs (industry development, public safety,
education, healthcare, transportation, laws, etc).
 PROS
Each region may custom fit
solutions to problems brought
about by their distinct geographic,
cultural, social and economic
context.
More power over their finances
Can choose to directly fund their
own development projects
without asking for the national
gov’ts go signal.
Promote specialization
It could address the inequality in
wealth distribution
CONS
A challenge to achieve unity
There are some regions who
are not ready to govern
themselves, or have lesser
resources which could mire
them deeper in poverty.
Overlaps in jurisdiction and
ambiguities may aries.
 Policies on Agrarian Reform
• Agrarian Reform- essentially the rectification of the whole system of
agriculture.
- centered on the relationship between production and the
distribution of land among farmers.
 Landownership in the Philippines under Spain

• Law of the Indies, the Spanish crown awarded tracts of land to:
1. Religious orders;
2. repartamientos for Spanish military as reward for their service;
3. Spanish encomienderos
 Right granted

KING OF SPAIN
 Power to
collect taxes

They must ensure Owned vast

the people’s safety tracts of
and convert them land
into
CATHOLICISM.
 Landownership in the Philippines under
Americans
• Philippine Bill of 1902- provided regulations on the disposal of public lands. A private
individual may own 16 hectares of land while corporate landholders may have 1024 hectares.
• Act No. 496 or Land Registration Act- introduced the Torrens system to address the absence
of earlier record of issued land titles and conduct accurate land surveys.
• Sakdal or Sakdalista Uprising- a peasant rebellion in Central Luzon that lasted for two days,
May 2-3, 1935
- Sakdal means “to accuse” which is the title of the newspaper helmed by Benigno Ramos.
- Partido Sakdalista in 1933
- they demanded reforms from the government, such as the abolition of taxes and “equal or common
ownership of land among others.
 Postwar Interventions toward Agrarian
Reform
 Republic Act No. 34- established a 70-30 sharing arrangement between tenant
and landlord respectively which reduced the landowners loans to tenants.
Land Settlement Development Corporation- accelerate and expand the
resettlement program for peasants.
National Resettlement and Rehabilitation administration (NARRA)
Republic Act NO. 1199 or Agricultural Tenancy Act- governs the relationship
between landholders and tenant farmers protecting the tenurial rights of tenants
and enforced tenancy practices.
• RA No. 3844 or Agricultural Land Reform Code (Diosdado Macapagal)
Its aimed is to free tenants from tenancy and emphasized owner
cultivatorship and farmer independence, equity, productivity improvement and public
land distribution.
• Presidential Decree No. 27 or Code of Agrarian reforms of the Philippines
It became the core of agrarian reform during Marcos regime.
• RA No. 6657 or Comprehensive Agrarian Reform Law (CARL)
- Comprehensive Agrarian Reform Program (CARP)
- it enabled the redistribution of agricultural lands to tenant-farmers from
landowner, who were paid in exchange by the government through just compensation
and allowed them to retained not more than five hectares.