2. Constitution
• the basic principles and laws of a nation, state, or social group that
determine the powers and duties of the government and guarantee
certain rights to the people in it
• a written instrument embodying the rules of a political or social
organization
3. Panatang
Makabayan
Iniibig ko ang Pilipinas, aking lupang sinilangan,
Tahanan ng aking lahi, kinukupkop ako at tinutulungang
Maging malakas, masipag at marangal
Dahil mahal ko ang Pilipinas,
Diringgin ko ang payo ng aking magulang,
Susundin ko ang tuntunin ng paaralan,
Tutuparin ko ang mga tungkulin ng isang mamamayang
makabayan,
Naglilingkod, nag-aaral at nagdarasal nang buong
katapatan.
Iaalay ko ang aking buhay, pangarap, pagsisikap
Sa bansang Pilipinas.
4. Ang Panunumpa ng
Katapatan sa
Watawat ng
Pilipinas
Ako ay Pilipino
Buong katapatang nanunumpa
Sa watawat ng Pilipinas
At sa bansang kanyang sinasagisag
Na may dangal, katarungan at kalayaan
Na pinakikilos ng sambayanang
Maka-Diyos
Maka-tao
Makakalikasan at
Makabansa.
5. Short Background
• Battle of Manila Bay (1 May 1898) where Commodore George Dewey
engaged and defeated the Spanish Pacific Squadron
• Philippines attained independence from Spain on the 12th of June 1898
• Treaty of Paris (signed 10 Dec 1898)
6. The 1899 Constitution
• Also known as the Malolos Constitution
• Chartered by several members of Katipunan in
hopes of making our country an independent
nation
• Tried to gain the support of other countries,
however it was not recognized internationally
• Composed of 93 articles, divided into 14 titles,
8 transitory provisions, and 1 unnumbered
article
7. The 1899 Constitution
• Issue about the extranjero (foreigner) who
signed the Acta de la Proclamación de
Independencia del Pueblo Filipino (Minutes of
the Declaration of Independence of the Filipino
People)
• US Col. L. M. Johnson instead of Rear Admiral
George Dewey
• L. M. Johnson is not really a military personnel
but, in fact, a cinematograph operator
• https://www.officialgazette.gov.ph/constitutions/t
he-1899-malolos-constitution/
8. Preamble
We, the Representatives of the Filipino people,
lawfully convened, in order to establish justice,
provide for common defense, promote the
general welfare, and insure the benefits of
liberty, imploring the aid of the Sovereign
Legislator of the Universe for the attainment of
these ends, have voted, decreed, and sanctioned
the following:
9. Constitution Articles
I. The Republic (articles 1 to 3)
• Defines what the Philippine Republic is
II. The Government (article 4)
• Details the description of the Philippine
Government as the face of the masses, and the
branches it contains, as well as the limitations of
those who hold these positions
III. Religion (article 5)
• Focuses on religious freedom, and the
separation of church and state
10. Constitution Articles
IV. The Filipinos and their National and Individual
Rights (articles 6 to 32) [sample]
• Details the Civil Rights of the Filipinos and,
by extension, foreigners (extranjeros)
V. The Legislative Power (articles 33 to 53) [sample]
• Details the extent of power of the Legislative
branch and its duties
VI. The Permanent Commission
(articles 54 to 55) [sample]
• Details the responsibilities of the Permanent
Commission
11. Constitution Articles
VII. The Executive Power (articles 56 to 57) [sample]
• Details the extent of power of the Executive
Branch and its duties
VIII. The President of the Republic
(articles 58 to 72) [sample]
• Details the criteria for being a President of
the Government, the length of the term, and his or her
duties
IX. The Secretaries of the Government
(articles 73 to 76) [sample]
• Focuses on the formation of the Cabinet and
their duties
12. Constitution Articles
X. The Judicial Power (articles 77 to 81) [sample]
• Details the extent of power of the Judicial
Branch and its duties
XI. Provincial and Popular Assemblies (article 82)
• Details the duties and functions of provincial
and/or popular assemblies, which act as local government
units
XII. Administration of the State
(articles 83 to 88) [sample]
• Focuses on the duties of the government
itself
13. Constitution Articles
XIII. Amendment of the Constitution
(articles 89 to 90) [sample]
• Focuses on reforming, or amending,
the Constitution
XIV. Constitutional Observance, Oath, and
Language
(articles 91 to 93) [sample]
• Focuses on observing and following
the Constitution
14. Transitory Provisions
• Details the gradual transition from Spanish
constitution to the 1899 constitution
• Contains emergency instructions during
wartime
• REVOLUTIONARY government, aimed for
the benefit of soldiers and able men and
women who can be of service in times of war
• Unnumbered additional article
15. Short Background
• Philippine-American War (Feb 1899 – July 1902)
• Filipinos and Pres. Emilio Aguinaldo sought independence rather change in colonial rulers
• US won and occupied the Philippines
• To gain empathy from Filipinos, US permitted a degree of self-government, introduced
social reforms, and plans for economic development
16. The 1935 Constitution
• Also known as the Commonwealth Constitution
• A constitution made by the Filipinos but ratified
by both Filipinos and Americans
• Introduced Commission on Elections
(COMELEC) and the recognition that
Philippines will be under US rule
• Made after the amended of different Acts passed
by the US Government in preparation for
government independence
• https://www.officialgazette.gov.ph/constitutions
/1935-constitution-ammended/
17. The Philippine Organic Act (1902)
• Authored by Henry A. Cooper (US Representative from Wisconsin)
• “An act temporarily to provide for the administration of the affairs of civil government in the
Philippine Islands, and for other purposes”
• Civil Governor and Vice-Governor
• Executive Departments include Interior, Commerce and Police, Finance, Justice and Public
Instruction
• US has control over taxes and commercial activities
18. The Philippine Organic Act (1902)
• Developed the bicameral standing of Philippine Legislation
(Philippine Commission as the upper house and Philippine Assembly
as lower house)
• Development of Bill of Rights for the Filipinos
• Appointment of two (2) commissioners to act as the country’s
delegates in the US House of Representatives
19. Jones Law (1916)
• Authored by William Atkinson Jones
• “An Act to declare the purpose of the people
of the United States as to the future political
status of the people of the Philippine Islands,
and to provide a more autonomous
government for those islands”
• Whereas it is, as it has always been, the
purpose of the people of the United States to
withdraw their sovereignty over Philippine
Islands and to recognize their independence
as soon as a stable government can be
established therein;”
20. Jones Law (1916)
• Also known as the Philippine Autonomy Act
• Signed into law by US Pres. Woodrow Wilson
on Aug. 29, 1916
• No exact date of independence for Philippines
was explicitly stated
• Numerous Philippine missions to US were sent
which aimed to get a well-defined agreement in
terms of independence
• Removed the Philippine Commission and
replaced by the Senate where Filipinos first
elected its officials
21. Hare-Hawes-Cutting Act
(1933)
• A Filipino-rejected law passed by three (3) US
senators ratified by the US Congress due to veto
overrule
• It laid out the ten-year process and a defined date
of Philippine independence (10 years after the
inauguration of the transitory government)
• Result of the OsRox mission (after previous
missions from 1919 to 1931)
• It required approval by the Philippine legislature
and was subsequently rejected
22. Hare-Hawes-Cutting
Act (1933)
• Some were Pros (led by Osmeña Sr. and
Roxas) and believed this is best the
Philippines could get and is the only way to
get out of US Congress
• While others were Antis (led by Senate Pres.
Quezon) due to its objectionable features and
that the act didn’t truly grant Philippines the
independence that it deserves
• This led to Senate Pres. Quezon to embark on
another mission seeking for a better alternative
23. Tydings-McDuffie Act (1934)
• Senate Pres. Quezon was able to get the
support of Sen. Tydings and Rep. McDuffie
• Similar to Hare-Hawes-Cutting Act (1933)
• One key difference is instead of maintaining
military forces in the Philippines, it will be
U.S. naval reservations and fueling stations
• Mandated U.S. recognition of the
independence of Philippines as a separate
and self-governing nation after a ten-year
transition
24. Tydings-McDuffie Act
(1934)
• The Commonwealth Government was
established (Pres. Manuel Quezon and Vice
President Sergio Osmeña Sr.)
• During the transition period, US jurisdiction is
still in effect in terms of Defense and Foreign
Affairs
• Paved the way for the development of the
constitutional convention which helped in
establishing a formal constitution to the country
(subject to the approval of the US President)
• Signed into law on March 24, 1934 by US Pres.
Franklin Roosevelt
25. 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 blessings of
independence under a régime of
justice, liberty, and democracy, do
ordain and promulgate this
Constitution.
26. Constitution
Articles
I. The National Territory
• Describes the country as a
ceded nation to the United States due
to the Treaty of Paris conformed by
both the US and Spain, effectively
making the Philippines a US territory
II. Declaration of Principles
• Details the observance
and compliance of the principles
established, which are as follows: …
27. Constitution
Articles
III. Bill of Rights
• Details the rights of the
citizens, with the following civil
rights listed: …
IV. Citizenship
• Details the qualifications
of being a Filipino citizen [sample]
V. Suffrage
• Details on the right to
vote [sample]
28. Constitution
Articles
VI. Legislative Department[sample]
• Details the duties,
responsibilities, and limitations of the
legislative branch of government
VII. Executive Department [sample]
• Details the duties,
responsibilities, and limitations of the
executive branch of government
VIII. Judicial Department [sample]
• Details the duties,
responsibilities, and limitations of the
judicial branch of government
29. Constitution
Articles
IX. Impeachment [sample]
• Details the candidates,
conditions, and the court proceedings of
impeachment
X. Commission on Elections [sample]
• Details the institution,
function, and regulation of COMELEC
XI. General Auditing Office [sample]
• Details the responsibilities
and general procedures of the General
Accounting Office
30. Constitution
Articles
XII. Civil Service [sample]
• Details the description, criteria,
and scope of the Philippine civil service
XIII. Conservation and Utilization of
Natural Resources [sample]
• Details the criteria, scope, and
usage of natural resources, and corrective
measures to those deemed guilty of
violating these provisions
XIV. General Provisions
• Details all provisions not
merited in the previous articles, which are:
…
31. Constitution
Articles
XV. Amendments [sample]
• Focuses on the
proceedings of the Legislation should
there be any provisions that need
amendments
XVI. Transitory Provisions [sample]
• Details the transitory
period between the American
intervention (military government)
up to the establishment of the
Commonwealth, when the Filipinos
inaugurated Manuel L. Quezon
32. Constitution
Articles
XVII. Special Provisions Effective
upon the Proclamation of Philippine
Independence
• Focuses on the United
States’ grounds of intervention and
influence over the developing Philippines
XVIII. The Commonwealth and the
Republic
• Details the recognition of the
Philippines as a Commonwealth nation
under the supervision of the United States
33. Ordinances
Appended to the
Constitution
• Details the overall control of the
United States over the Philippines
due to the agreement made by the
two nations, including the usage of
every natural resources of the
country and the free establishment of
foreign businesses in the country.
Amendments from the original 1935:
• Added the formation of COMELEC
as the new Article X from the original
35. IV. The Filipinos and their National and
Individual Rights
Article 6 The following are Filipinos:
1. All persons born in Philippine territory.
2. Children of a Filipino father or mother, even though they were born
outside the Philippines.
3. Foreigners who have obtained the certificate of naturalization.
4. Those who, without such certificate, have acquired domicile in any
town within Philippine territory.
36. V. The Legislative Power
Article 33 Legislative power shall be exercised by an Assembly of
Representatives of the Nation. This Assembly shall be organized in the
form and conditions determined by the law enacted for such purpose.
Article 48 No bill may be passed into law without being submitted into
a vote in the Assembly. The presence of at least a fourth part of the total
number of members whose election has been duly approved and have
been sworn to office is required in order to pass a law.
37. VI. The Permanent Commission
Article 48 The Permanent Commission, in the absence of the Assembly,
shall be empowered to:
1. Declare whether or not there is sufficient cause to take legal action
against the President of the Republic, the Representatives, the
Secretaries of the Government, the President of the Supreme Court of
Justice, and the Solicitor General in the cases provided for in this
Constitution;
38. VII. The Executive Power
Article 56 Executive power resides in the President of the Republic,
who shall exercise it through his Secretaries.
39. VIII. The President of the Republic
Article 58 The President of the Republic shall be elected through an
absolute majority of votes by the Assembly and the special
representatives convened as a constituent chamber. His appointment
shall be for four years and he will be eligible for re- election.
40. IX. The Secretaries of the Government
Article 73 The Council of Government shall be composed of a President and
seven Secretaries, who shall be put in charge of the portfolios of:
Foreign Relations,
Interior,
Finance,
War and the Navy,
Public Instruction,
Public Works and Communications,
Agriculture, Industries and
Commerce.
41. X. The Judicial Power
Article 73 The exercise of judicial power resides in a Supreme Court of
Justice, and in the tribunals that are to be established by law.
42. XII. Administration of the State
Article 88 The Assembly shall determine, upon the recommendation of
the President of the Republic, the military forces at sea and on land.
43. XIII. Amendment of the Constitution
Article 89 The Assembly, on its own or upon the recommendation of
the President of the Republic, can resolve to amend the Constitution,
indicating to such effect the article or articles that should be modified.
44. XIV. Constitutional Observance, Oath, and
Language
Article 91 The President of the Republic, the Government, the
Assembly and all Filipino citizens shall faithfully uphold the
Constitution.
45. Unnumbered Additional Article
It is understood that all parcels of land, buildings and other properties
that religious orders used to own in these islands have been restored to
the Philippine State on the 24th day of May of last year, when the
Dictatorial Government of Cavite has been constituted.
46. II. Declaration of Principles
• Definition of a republic state
• State defense and service
• Renunciation of war
• Parental duties in developing children for civil service
• Social justice
47. III. Bill of Rights
• Life and Liberty
• Property
• Lawful Searches
• Abode (home) and Travel
• Privacy
• Unions, associations, and societies
• Religion
• Speech
• Acceptance of Titles
• Contract Agreement
• Rights against Summary Executions
and Retroactive laws (No ex post facto
or Bill of Attainder)
• Unlawful Imprisonment due to Tax
• Involuntary Servitude
• Privilege of the writ of habeas corpus
(Unlawful Imprisonment)
• Right to Due Process
• Capital and Bailable Offenses …
48. III. Bill of Rights
• Miranda Rights / Silence
• Right Against Self-Incrimination
• Unlawful Fine Payment
• Double Jeopardy
• Free Access to court and defenses
49. XIV. General Provisions
• The Flag
• Upholding the Constitution
• Development and Promotion of the national language, science,
invention, the arts and letters
• Education
• Labor protection and Private corporations
• The National Police
• Promulgation of the Constitution
50. Objectionable Features of HHC Act
• US military bases will remain in the country indefinitely
• Tariffs and quotas in Philippine export
• Limitation of Filipino migration to US
• The powers of the High Commissioner were too indefinite
51. IV. Citizenship
• SECTION 1. The following are citizens of the Philippines:
• (1) Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution.
• (2) Those born in the Philippine Islands of foreign parents who, before the adoption
of this Constitution, had been elected to public office in the Philippine Islands.
• (3) Those whose fathers are citizens of the Philippines.
• (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of
majority, elect Philippine citizenship.
• (5) Those who are naturalized in accordance with law.
52. V. Suffrage
• SECTION 1. Suffrage may be exercised by male citizens of the
Philippines not otherwise disqualified by law, who are twenty-one
years of age or over and are able to read and write, and who shall have
resided in the Philippines for one year and in the municipality wherein
they propose to vote for at least six months preceding the election.
53. VI. Legislative Department
• SECTION 1. The Legislative power shall be vested in a Congress of the
Philippines, which shall consist of a Senate and a House of Representatives.
• SECTION 2. The Senate shall be composed of twenty-four Senators who
shall be chosen at large by the qualified electors of the Philippines, as may
be provided by law.
• SECTION 5. The House of Representatives shall be composed of not more
than one hundred and twenty Members who shall be apportioned among the
several provinces as nearly as may be accorded to the number of their
respective inhabitants, but each province shall have at least one Member.
54. VII. Executive Department
• SECTION 1. The executive power shall be vested in a President of the
Philippines.
• SECTION 2. The President shall hold his office during a term of four
years and together with the Vice-President chosen for the same term,
shall be elected by direct vote of the people.
55. VIII. Judicial Department
• SECTION 1. The Judicial power shall be vested in one Supreme Court
and in such inferior courts as may be established by law.
• SECTION 4. The Supreme Court shall be composed of a Chief Justice
and ten Associate Justices and may sit either in banc or in two
divisions unless otherwise provided by law.
56. IX. Impeachment
• SECTION 1. The President, the Vice-President, the Justices of the
Supreme Court, and the Auditor General, shall be removed from office
on impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, or other high crimes.
• SECTION 2. The House of Representatives by a vote of two-thirds of
all its Members, shall have the sole power of impeachment.
57. X. Commission on Elections
• SECTION 1. There shall be an independent Commission on Elections
composed of a Chairman and two other Members to be appointed by
the President with the consent of the Commission on Appointments,
who shall hold office for a term of nine years and may not be
reappointed. Of the Members of the Commission first appointed, one
shall hold office for nine years, another for six years, and the third for
three years. The Chairman and the other Members of the Commission
on Elections may be removed from office only by impeachment in the
manner provided in this Constitution.
58. XI. General Auditing Office
• SECTION 1. There shall be a General Auditing Office under the direction
and control of an Auditor General, who shall hold office for a term of ten
years and may not be reappointed. The Auditor General shall be appointed
by the President with the consent of the Commission on Appointments, and
shall receive an annual compensation to be fixed by law which shall not be
diminished during his continuance in office.
• SECTION 2. The Auditor General shall examine, audit, and settle all
accounts pertaining to the revenues and receipts from whatever source,
including trust funds derived from bond issues; and audit, in accordance
with law and administrative regulations, all expenditures of funds or
property pertaining or held in trust by the Government or the provinces or
municipalities thereof.
59. XII. Civil Service
• SECTION 3. No officer or employee of the Government shall receive
additional or double compensation unless specifically authorized by
law.
• SECTION 4. No officer or employee in the Civil Service shall be
removed or suspended except for cause as provided by law.
60. XIII. Conservation and Utilization of Natural
Resources
• SECTION 2. No private corporation or association may acquire, lease,
or hold public agricultural lands in excess of one thousand and twenty-
four hectares, nor may any individual acquire such lands by purchase
in excess of one hundred and forty-four hectares, or by lease in excess
of one thousand and twenty-four hectares, or by homestead in excess
of twenty-four hectares. Lands adapted to grazing, not exceeding two
thousand hectares, may be leased to an individual, private corporation,
or association.
61. XV. Amendments
• SECTION 1. The Congress in joint session assembled, by a vote of
three-fourths of all the Members of the Senate and of the House of
Representatives voting separately, may propose amendments to this
Constitution or call a convention for that purpose.
62. XVI. Transitory Provisions
• SECTION 3. All courts existing at the time of the adoption of this
Constitution shall continue and exercise their jurisdiction, until
otherwise provided by law in accordance with this Constitution, and
all cases, civil and criminal, pending in said courts, shall be heard,
tried and determined under the laws then in force.
