THE PHILIPPINE

CONSTITUTION:
The History of our Independency
CONSTITUTION

 A set of fundamental principles or established precedents

according to which a state or other organization is governed.
 “Written instrument”
 It symbolize the country’s freedom and independence.
Philippine Constitutions
1897 CONSTITUTION OF
BIAK-NA-BATO
 Established during a meeting held at Biak-na-Bato
in the town of San Miguel de Mayumo in Bulacan.
 Written by Isabelo Artacho, Felix Ferrer acted as the
“Constitucion Constitutional Assembly.
Provisional de la  “De Facto Constitutional Republic”
Republica de  Lasted from November 1 to December 14, 1897.
Filipinas”
PREAMBLE “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
“preambulare” or to the existing war, begun on the 24th of August, 1896;
and therefore, in its name and by the power
walk before. representatives of the Revolution, in a meeting at Biac-
na-Bato, Nov. 1st, 1897, unanimously adopt the
It is the prologue of following articles for the Constitution of the State.”
the constitution.
  Basic Law of the First Philippine Republic.
1899 MALOLOS
 First Republican Constitution in Asia (Tucker, 2009)
CONSTITUTION
 Written by Felipe Calderon y Roca and Felipe
Buencamino after the declaration of Philippine
“Constitucion Politica Independence.
de 1899”
 “Unitary Semi-Presidential Constitutional”
 Signed into Law by the Malolos Congress,
promulgated on January 21, 1899.
 In operation from January 23, 1899 to March 23,
1901.
Features (1899 Malolos Constitution)

 Declaration of sovereignty of the people

 Enumeration of the Basic Civil Rights
 Separation of Church and State
 The creation of an Assembly of Representatives to act as the
legislative body, and a parliamentary republic as the form of
government
PREAMBLE “We, the Representatives of the Filipino people,
lawfully covened, in order to establish justice, provide
for common defense, promote the general welfare,
and insure the benefits of liberty, imploring the aid of
Act as the opening the Sovereign Legislator of the Universe for the
prayer on the later attainment of these ends, have voted, decreed, and
preambles. sanctioned the following.”
-Joseph Atencio
THE ACTS OF THE UNITED
STATE CONGRESS Consist of Three Acts:
Philippine Organic Act of 1902

“Treaty of Paris” Philippine Autonomy Act of 1916

Tydings-McDuffie Act of 1934
-Spain pays $20
million and In operation from December 10, 1898 to
March 24, 1934.
transferred its
sovereignty to the US.
Philippine Organic Law of 1902

 “Philippine Bill of 1902”

 First Organic Law enacted by the US Congress for the Philippines.
 Creation of the Philippine Assembly, and a bicameral legislature
composed of Philippine Commission (Upper House) and Philippine
Assembly (Lower House).
Enumerated the “Bill of Rights” for the Filipinos.
Philippine Autonomy Act of 1916

 “Jones Law”
 Amended the structure of the Philippine government from the
Philippine Bill of 1902.
 The removal of the upper house and replaced with the Senate whose
members were elected by the Filipino voters.
TYDINGS-MCDUFFIE ACT  Enacted on March 24, 1934.
OF 1934  Allowed the Filipino Nation to have a self-
government.
 A 10-year transition period were granted to prepare
for have a self-government and grant full
“The Treaty of Manila” independence.

-US recognize  Independence granted and recognize on July 4,

1946.
Philippine
 In commemoration, the Philippine-American
Independence friendship day is held every 4th of July.
  Written in 1934, with the goal of meeting the US’
expectation of political maturity among Philippine
leaders
THE 1935 CONSTITUTION  Promulgated by the 1934 Constitutional
Convention
 In operation during:
 Commonwealth Era (1935-1946)
 Third Republic
“Political Maturity  Roxas Administration (1946-1948)
among future leaders”  Quirino Administration (1948-1953)
 Magsaysay Administration (1953-1957)
 Garcia Administration (1957-1961)
 Macapagal Administration (1961-1965)
Commonwealth Era

 “Presidential System”
 President serves six-year term without reelection
 In 1940, an amendment was done establishing a Bicameral
Congress of the Philippines composed of a Senate and House of
Representative
 President serves four-year terms with two consecutive terms in office.
Third Republic

 “Unitary Presidential Constitutional Republic”

 An amendment was made again in 1947, which provided for the
provision of the Parity Rights between American and Filipino
citizens, and granted both over the Philippine natural resources
 A constitutional convention once held in 1971 to rewrite the
Constitution but late suspended by the Martial Law.
PREAMBLE “The Filipino people, imploring the aid of Divine
Providence, in order to establish a government that
shall embody their ideals, conserve and develop the
patrimony of the nation, promote the general welfare,
and secure to themselves and their posterity the
“Divine Providence is blessings of independence under a régime of justice,
liberty, and democracy, do ordain and promulgate this
too much.” Constitution.”
  Promulgated by the Preparatory Committee for
THE 1943 CONSTITUTION Philippine Independence (PCPI) during the
Japanese occupation.
 Ratified by KALIBAPI in Manila on September 7,
1943.
 In operation in Japanese-controlled areas from
“World War II” October 14, 1943 to August 17, 1945, but did not
recognize by the US and Commonwealth
government.
Second Republic

 “Single-Party Authoritarian Republic”

 Jose P. Laurel appointed as the President by the National
Assembly.
 inaugurated in office on October 14, 1943, and Benigno Simeon
Aquino Sr. was the Speaker of the National Assembly.
 Later, he dissolved the Second Republic following the surrender of
Japan in World War II.
PREAMBLE “The Filipino people, imploring the aid of Divine
Providence and desiring to lead a free national
existence, do hereby proclaim their independence,
and in order to establish a government that shall
promote the general welfare, conserve and develop
the patrimony of the Nation, and contribute to the
“A Free Puppet State” creation of a world order based on peace, liberty, and
moral justice, do ordain this Constitution.”
THE 1973 CONSTITUTION

 Promulgated by the 1973 Constitutional

Convention after Marcos declared Martial Law.
 Ruled from January 17, 1973 to February 22, 1986.
“Martial Law Era”
Fourth Republic

 Unicameral legislature was established.

 Members were elected for a six-year term in office.
 The President was elected among the members of the National
Assembly for a six-year term and eligible for reelection.
 “Purely ceremonial head of state”
 Executive power exercise by the Prime Minister (also the head of
Government and Commander-in-Chief of AFP)
Fourth Republic

 The Constitution amended on four ocations

 1976: The interim National Assembly is now interim Batasang Pambansa.
 1980: The retired age of the members was extended to 70 years.
 1981: From false parliamentary to French-style semi-presidential system, were
executive power was restored
 1984: Abolished the Executive Committee and restore the power of Vice-
President
PREAMBLE ‘We, the sovereign Filipino people, imploring the aid of
Divine Providence, in order to establish a Government
that shall embody our ideals, promote the general
welfare, conserve and develop the patrimony of our
Nation, and secure to ourselves and our posterity the
blessings of democracy under a regime of justice,
“We lived!” peace, liberty, and equality, do ordain and promulgate
this Constitution.”
THE 1986 FREEDOM
CONSTITUTION

 President Aquino issued Proclamation 3. to serve

as a provisional constitution.
 Contained some provisions adopted from 1973
Constitution.
“People Power”
 WHEREAS, the new government was installed through a direct exercise of the power of
THE 1986 FREEDOM the Filipino people assisted by units of the New Armed Forces of the Philippines;
WHEREAS, the heroic action of the people was done in defiance of the provisions of the
CONSTITUTION 1973 Constitution, as amended;
WHEREAS, the direct mandate of the people as manifested by their extraordinary action
demands the complete reorganization of the government, restoration of democracy,
protection of basic rights, rebuilding of confidence in the entire government system,
eradication of graft and corruption, restoration of peace and order, maintenance of the
supremacy of civilian authority over the military, and the transition to government under
a New Constitution in the shortest time possible;
WHEREAS, during the period of transition to a New Constitution it must be guaranteed
that the government will respect basic human rights and fundamental freedoms;

“People Power” WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the
power vested in me by the sovereign mandate of the people; do hereby promulgate the
following Constitution:

PROVISIONAL CONSTITUTION OF
THE REPUBLIC OF THE PHILIPPINES
  Drafted by a Constitutional Assembly, mandated on
THE 1987 CONSTITUTION Proclamation No. 3
 Composed of 50 members appointed by Pres.
Aquino
 The final draft was finished on October 12, 1986
and presented to Pres. Aquino in the same month.
 Ratified on February 8, 1987 through a nationwide
“Present Constitution” plebiscite.
 The Draft Constitution was composed of 109-page,
with preamble, 18 Articles, 321 Sections.
THE 1987 CONSTITUTION In operation until today’s presidency:
 Corazon Aquino (1986-1992)
 Fidel Ramos (1992-1998)
 Joseph Estrada (1998-2001)
“Present Constitution”  Gloria Macapagal-Arroyo (2001-2010)
 Benigno Simeon Aquino III (2010-2016)
 Rodrigo Roa Duterte (2016-present)
PREAMBLE “We, the sovereign Filipino people, imploring the aid
of Almighty God, in order to build a just and humane
society, and establish a Government that shall embody
our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure
to ourselves and our posterity, the blessings of
independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this
Constitution.”
Thank you!