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1. THE PHILIPPINE CONSTITUTION
Constitution – a fundamental law of a nation or state. It is the
constitution that establishes the character and basic principles of
the government.
The system that runs the government is often codified in this written
document, which forms the fundamental rules and principles by which an
organization is managed.
A constitution is also described as “the highest expression of the
law.”
The purposes of a constitution
1. It prescribes the kind of government that will exist in the
state.
2. It creates the different departments and specifies their
respective functions and duties.
3. It is the source of the sovereign powers of a government by
establishing the fixed, first or basic principles.
4. It promotes public welfare. The constitution establishes the
rights of the people which the government is obligated to
protect.
Constitutional convention – a body assembled for the express purpose
of framing or writing a constitution, revising an existing one, or
proposing amendments to it.
After writing the constitution, the draft constitution or its
amendments/revisions are submitted to a plebiscite for ratification in
which the people will decide whether it is acceptable to become a law
of the land. This is different from a referendum in which a law passed
by a legislative body is brought before the people voted upon.
HISTORY OF THE PHILIPPINE CONSTITUTION
1. The Biak-na-Bato Republic Constitution (1897)
- The Philippine Revolution reached a stalemate in 1897 when the
revolutionary forces of Gen.Emilio Aguinaldo fled to the
mountains of Biak na Bato in San Miguel de Mayumo, Bulacan.
- In order to consolidate the forces still fighting in the other
provinces, Aguinaldo met with his leaders to establish a
recognized government. A revolutionary government had already
formed in March 1897 with Aguinaldo as President in Tejeros in
Cavite. It was this government that was now in Biak-na-Bato
- An assembly of Filipino rebel leaders were called and it was
agreed that a republican form of government would be formed.
Isabelo Artacho and Felix Ferrer were tasked to write a
constitution. Both decided to adopt the provisions of the
Constitution framed in Jumaguayu, Cuba and from this the
Constitution of Biak-na-Bato was formulated.

2. - The Constitution was promulgated by the Philippine Revolutionary
Government on November 1, 1897 and became the provisionary
constitution of the government during the Revolution against
Spain.
The Biak-na-Bato Constitution had its own unique features:
- Its preamble reiterated the objective of the Revolution.
- The government was a Supreme Council composed of a President,
Vice-President, Secretary of Interior, Foreign Relations, War
and Treasury.
- The official Language is Tagalog.
- The judiciary power was vested in another Supreme Council of
Justice
- Article XXII to XXV were the Bill of Rights accorded to every
Filipino.
This Constitution was to last only for two years.
2. The Malolos Republic Constitution 1899
- Following the defeat of Spain by the US in the Spanish-American
War in 1898, the Filipino began their task of creating the
independent nation.
- On June 12, 1898 Philippine independence was declared and two
weeks later Aguinaldo ordered the convening of a Congress in
Malolos, Bulacan.
- The Malolos Congress had its inaugural session at Barasoain
Church in Malolos on September 15, 1898. The delegates then
convened Congress and elected its officers. One of its first acts
was to ratify the Independence declaration in Kawit.
- The Congress was originally conceived by presidential adviser
Apolinario Mabini to be an advisory body to the President. But
another group led by delegate Pedro Paterno decided to create a
constitution to form a government that would be recognized by
foreign powers. Mabini was against this for he believed that
peaceful conditions should first prevail before a constitution
should be drafted. He was, however overruled By Paterno and his
allies.
- Discussions for the Constitution began on October 25 after the
submission of a draft by Felipe Calderon. One of the heated
discussions focused on the issue of the union of Church and State
were Catholicism would be the state religion.
- The constitution was approved by the Malolos Congress on November
29, 1898 and forwarded to President Aguinaldo for approval. The
amendments were made and the document was finally approved on
January 21.
The Malolos Constitution was the first republican constitution on
Asia. Its main features were as follows:

3. - It was based on democratic traditions in which the government
formed was “popular, representative and responsible” with three
distinct branches the executive, legislative and judicial.
- It called for a presidential form of government with the
president elected for a term of four years by a majority of the
Assembly convened as a constituent assembly
- It recognized the freedom of religion and the separation of the
Church and State
- It emphasized and safeguarded the basic civil rights of not only
Filipinos but foreigners through a Bill of Rights Articles XIX to
XXIII
3. The 1935 Constitution and the Commonwealth Government
- The Americans ran the government in the Philippines with
Filipinos given a role in the legislative function when the
Philippine Assembly was established in 1907.
- During the administration of Governor-General Francis Burton
Harrison 1913-1921 Filipinos were given a hand in running the
country.
- Jones Law of 1916 also known as the Philippine Autonomy Act was
passed by the US Congress.
- The Jones Law reorganized the government with an American
governor-general a Cabinet, and an all-Filipino legislature
composed of the State and the House of Representatives. The new
Philippine Legislature was inaugurated on October 16, 1916 with
Sergio Osmeña as House Speaker and Manuel Quezon as Senate
President.
- From 1918 to 1932 there were at least five Philippine
independence missions to the United States. The efforts paid off
with the creation and approval of the Tydings-McDuffie Law by the
US Congress. This law approved on March 24, 1934 and was known as
the Philippine Independence Act.
- 10 year transitional period government before the granting of
independence. This was known as the Commonwealth Government.
- On July 10,, 1934 an election was held to vote for the delegates
to write a constitution for the Philippines.
- January 31, 1935 the draft of the Constitution was finished and
was approved by the convention on February 8.
- The Constitution was approved by US President Franklin Delano
Roosevelt on March 23, 1935 and ratified by the Filipino people
in a plebiscite on May 14, 1935.
- The 1935 Constitution of the Philippines served as the
fundamental law of the land from 1935 to 1972. It established the
Commonwealth of the Philippines and provides that upon withdrawal
of American sovereignty in the country and the declaration of

4. Philippine independence, the Commonwealth shall be known as the
Republic of the Philippines.
4. The Japanese Occupation and the Second Philippine Republic 1943
Constitution
- The Commonwealth Government was interrupted by the Second World
War and the Japanese Occupation of the Philippines
- The Commonwealth under President Manuel Quezon went into exile in
the United States.
- As part of their policy of attraction in their Greater East Asia
Co-Prosperity Sphere program, the Japanese offered to grant the
Philippines its independence.
- Acting on the orders of the Japanese military, the Kapisanan ng
Paglilingkod sa Bagong Pilipinas or kilabapi, a Filipino
political party that served as the political party during the
Japanese Occupation convened and elected a Philippine Commission
for Philippine Independence (PCPI) to write new constitution.
- October 14, 1943 as provided for in the new constitution the
Second Philippine Republic was inaugurated with Jose P. Laurel as
President
- The 1943 Constitution was basically a condensed version of the
1935 Constitution consisting only of a preamble and 12 articles.
5. The 1973 Constitution and the Marcos Dictatorship
- On June 1, 1971 a Constitutional Convention was convened at the
Manila Hotel Its purpose was to write a new constitution that
would meet the new challenges confronting the Philippine Republic
that developed since it was formed in 1946. It was during the
second term of President Ferdinand Marcos that the convention
opened.
- The convention became controversial by the First quarter Storm
deteriorated with student rallies and other protest rocking the
metropolis. The biggest scandal came when Leyte delegate Eduardo
Quintero accused Marcos for bribing delegates to vote for a
provision to extend the presidential term of office and to change
the form of government.
- The convention’s activities soon came to a temporary halt when
President Marcos declared martial law on September 21, 1972. He
abolished Congress and reorganized the government. Several days
later, the convention was reconvened and a draft constitution was
finally finished and approved on November 30
- The plebiscite was held from January 10-15, 1972 and the
constitution was approved.
- On January 17, 1973 the President Marcos signed Proclamation No.
1102 declaring the 1973 Constitution ratified.

5. - The 1973 Constitution provided for a parliamentary form of
government in which the President was the symbolic head of state
and the Prime Minister was the head of government. The Prime
Minister, who was nominated by the President acted as head of the
Cabinet.
- Legislative power was vested in the Batasang Pambansa. The
constitution also provided for the establishment of the Civil
Service Commission, the Commission on Elections, and the
Commission on Audit.
- In 1981 amendments were made to the 1973 Constitution and the
President was restored from a symbolic head of state to its
original status as the head of state and chief executive of the
country.
6. The Freedom Constitution 1986
- March 24, 1986 President Aquino signed Proclamation No. 3
entitled “Declaring a National Policy to Implement the Reforms
Mandated by the People, Protecting their Basic Rights, Adopting a
Provisional Constitution and Providing for an Orderly Transition
to a Government under New Constitution”
- The provisional constitution later called the “Freedom
Constitution” was proclaimed setting aside the 1973 Constitution
thereby recognizing the new Aquino administration as a temporary
revolutionary government until the framing of a new constitution.
7. The 1987 Constitution
- By the virtue of Sec.1 Article 5 of the Freedom Constitution,
President Aquino issued on April 23, 1986 Proclamation No. 9,
constituting a Constitutional Commission CONCOM charged with
drafting a new constitution not later than September 2, 1986.
- On June 2 the ConCom headed by former Justice Cecilia Muñoz
Palma, commenced its sessions at the Batasang Pambansa in Quezon
City. The ConCom completed their task on October 12, 1986 and
presented the draft constitution to President Aquino on October
15.
- After a period of nationwide information campaign, a plebiscite
for its ratification was held on February 2, 1987. An
overwhelming 17,059,495 voted to ratify the constitution while
5,058,714 voted against it.
- On February 11, 1987 the New Constitution was proclaimed ratified
and in effect.
The 1987 Constitution consist of 18 articles with a preamble. Among
its significant provisions are as follows.
- A presidential system of government restores a bicameral Congress
of the Philippines, composed of a Senate and House of
Representatives.

6. - A modified Bill of Rights Article III details the rights of every
Filipino citizen. In addition, the constitution includes the
abolition of death penalty, except when Congress provides
otherwise with regard to heinous crimes
- The creation of a Commission on Human Rights which under Section
18, Article XIII is tasked to investigate all forms of human
rights violations involving civil and political rights.
- The recognition of an Autonomous Region of Muslim Mindanao and
the Cordilleras.
- Limited political autonomy for local government units like the
provinces, cities, municipalities and barangays and instructing
the Congress to established a Local Government Code.
The Complete provisions are as follows:
PREAMBLE
ARTICLE I NATIONAL TERRITORY
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
ARTICLE III BILL OF RIGHTS
ARTICLE IV CITIZENSHIP
ARTICLE V SUFFRAGE
ARTICLE VI LEGISLATIVE DEPARTMENT
ARTICLE VII EXECUTIVE DEPARTMENT
ARTICLE VIII JUDICIAL DEPARTMENT
ARTICLE IX CONSTITUTIONAL COMMISSIONS
ARTICLE X LOCAL GOVERNMENT
ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS
ARTICLE XII NATIONAL ECONOMY AND PATRIMONY
ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS
ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND
SPORTS
ARTICLE XV THE FAMILY
ARTICLE XVI GENERAL PROVISIONS
ARTICLE XVII AMENDMENTS OR REVISIONS
ARTICLE XVIII TRANSITORY PROVISIONS
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.

7. Three branches of government:
1. Executive headed by the President and
Cabinet
2. Legislative composed of the Senate
headed by the Senate President and
House of Representatives headed by the
Speaker of the House
3. Judiciary composed of the Supreme Court
headed by the Chief Justice and the
lower courts