The evolution of the Philippine Constitution

1. CONSTITUTION OF THE PHILIPPINES
THE EVOLUTION OF THE
PHILIPPINE CONSTITUTION
By:
Ian “The IT” Torres
M.A. C.h.O

2. CONSTITUTION OF THE PHILIPPINES
1899 CONSTITUTION
• The first republican constitution in Asia
• Also know as Malolos Constitution
• Drafted in 1898
• Promulgated on January 21, 1899
1. Influences
• Spanish Constitution of 1812
• Charters of Belgium, Mexico, Brazil, Nicaragua,
Costa Rica, and Guatemala
• French Constitution of 1793
• All have similar social, political, ethnological and
governance with the Philippines

3. CONSTITUTION OF THE PHILIPPINES
2. Constitutional Ideas
• Retroversion of the Sovereignty of the People
Challenged the legitimacy of the Spanish empire
Popular sovereignty
Derived from the Declaration of the Rights of Man
and Citizen of 1793
• Natural Rights and Sovereignty of the Filipino
• Separation of Church and State

4. CONSTITUTION OF THE PHILIPPINES
• Republican Government
 3 Branches: Legislative, Executive and Judiciary
Separation of Powers
Parliamentary principle
National Assembly of Representatives
Permanent Commission
 Malolos Republic was never internationally
recognized and Constitution was never
implemented

5. CONSTITUTION OF THE PHILIPPINES
1935 Constitution
1. Framing and Ratification
A. Tydings-McDuffie Law
• Philippine Independence Act
• Approved March 24, 1934
Philippine Legislature is authorized to call for
constitutional convention
B. Constitutional Convention approved on May 5
1934

6. CONSTITUTION OF THE PHILIPPINES
C. Constitution was approved by convention
members on February 8, 1935
D. President Theodore Roosevelt approved the
constitution on March 23, 1945
E. Constitution was ratified by the Filipinos on
May 14, 1935
2. Limitations and Conditions
• Government must be republican in form

7. CONSTITUTION OF THE PHILIPPINES
• Include the bill of rights
• Must contain provisions defining the
relationship between US and Philippines
3. Sources
• US Constitution
• Malolos Constitution
• Instructions of President McKinley to the
Philippine Commission on April 4, 1900

8. CONSTITUTION OF THE PHILIPPINES
• Philippine Bill of July 1, 1902
• Jones Law of August 26, 1916
4. Scope
• Intended for the Commonwealth and the
Philippine Republic established after
independence is granted
5. Amendments
• Established a Bicameral legislature

9. CONSTITUTION OF THE PHILIPPINES
• Term for President and Vice President reduced
from 6 years to 4 years; granting 2nd term for
both
• Created a separate Commission on Election
• Parity Amendment
• Suffrage was provided to women on April 30,
1937

10. CONSTITUTION OF THE PHILIPPINES
1973 Constitution
The 1935 constitution reveals flaws and
inadequacies – does not meet existing
conditions
1. Framing
A. On March 16, 1967, both houses of congress
authorized the holding of constitutional
convention in 1971

11. CONSTITUTION OF THE PHILIPPINES
B. RA no. 6132 was approved setting elections for
delegates on November 10, 1970.
C. The rewriting of the constitution was started on
June 1, 1971
D. The constitution was signed on November 30,
1972
2. Approval by Citizen Assemblies
President Marcos declared martial law on
September 21, 1972 by issuing Proclamation
1081

12. CONSTITUTION OF THE PHILIPPINES
• Presidential Decree no. 86 issued on
December 31, 1972 created the Citizen
Assembly in each barrio
• Presidential Decree no, 86-A issued on January
5, 1973 directed that barangays were to
conduct referendum between January 10-15,
1973.
• Do you approve of the New Constitution?
• Do you still want a plebiscite to be called to ratify the
new Constitution?

13. CONSTITUTION OF THE PHILIPPINES
3. Ratification by Presidential proclamation
• Proclamation no. 1102 issued on January 17,
1973 stated that majority of all the Barangays
voted for the adoption of the constitution and
that they reject the call for plebiscite.
• The proclamation certified and proclaimed
that the constitution was approved on January
17, 1973

14. CONSTITUTION OF THE PHILIPPINES
4. Amendments
• Making the incumbent the regular President
and regular Prime Minister
• Establishment of modified parliamentary form
of government
• Permitting natural born citizens who los their
citizenship to be transferees of private land
• Providing for urban land reform and social
housing program

15. CONSTITUTION OF THE PHILIPPINES
1987 Constitution
Opposition senator Benigno Aquino, Jr. was
assassinated on August 21, 1983. This event
started protests against the Marcos
government that ended with the People
Power Revolution of 1986. This event ended
Marcos’ 20 year rule as a dictator.
The widow of the senator, Corazon Aquino,
became the first Filipina to become President.

16. KRIS AQUINO BECAME AN ACTRESS
• AMONG THE NEGATIVE EFFECTS OF THE
AQUINO GOVERNMENT THIS IS THE WORST

17. CONSTITUTION OF THE PHILIPPINES
1. Framing and Ratification
A. Proclamation no. 3 issued on March 25, 1986
promulgated a provisional constitution or
“Freedom Constitution” following the
installation of a revolutionary government
B. The 1987 constitution was drafted by a
Constitutional Commission created by
Proclamation no. 9 promulgated on April 23.
1986

18. CONSTITUTION OF THE PHILIPPINES
• Under the proclamation the ConCom shall be
composed of not more than 50 national, regional,
and sectoral representatives who shall be
appointed by the President
• The ConCom convened on June 2, 1986 with the
Malolos constitution, the 1935 constitution, and
the 1973 constitution as working drafts in
addition to committee discussions, public
hearings, plenary sessions and public
consultations

19. CONSTITUTION OF THE PHILIPPINES
• The proposed new Constitution was approved
by the ConCom on October 12, 1986
• It was ratified by the people in the plebiscite
held on February 2, 1987
• It superseded the Provisional Constitution
which had abrogated the 1973 charter

20. THANK YOU!!!
HAVE A GREAT DAY!!!