3. Learning Objectives
1. Define Constitution.
2. Discuss the earlier constitutions attempted
by Filipinos in the struggle to break free from
the colonization.
3. Understand the methods by which the
constitution can be changed or amended
5. Constitution
• A constitution is primarily a set of rules and
principles specifying how a country should
be governed, how power is distributed and
controlled, and what rights citizens
possess.
6. Constitution
• It is a set of fundamental principles or
established precedents according to which a
state or organization is governed.
• The word itself means “ to be part of a
whole”, the coming together of distinct
entities into one group, with the same
principles and ideals.
7. Preamble
• The constitution begins with a Preamble, a short statement
the purpose of which is to neatly summarize and crystallize
the values and principles a nation hopes to embody and
wishes to project to the rest of the world. They are
aspirational and often quite vague statements intended to
inspire citizens and shape a positive national identity and
political culture. In this way, a constitution goes to the
heart not only of a country’s system of government but also
to its image of itself.
9. Constitutions vary in length, the famous US Constitution of 1787 being rather
short, but will typically all contain guidance on matters such as those listed
below:
1. Rules and guidelines for conducting elections
2. Relationship between the key institutions, or branches, of government
3. The location of sovereignty (ultimate political authority) within a political
system.
4. Ways in which a constitution can be amended: a constitution must contain a
clear statement of the processes by which it can be changed
5. A statement of the rights of citizens against the state and how redress might
be gained.
6. The overall type of government.
7. What the nation stands for.
11. 1897:
Constitution of Biak-na-Bato
Emilio Aguinaldo established his headquarters in Biak-na-Bato in Bulacan province. The
news immediately spread throughout the country, and the revolutionaries were once more
in high spirits. General llanera, who was in Nueva Ecija, declared his support for
Aguinaldo. In July 1897, Aguinaldo established the Biak-na-Bato Republic and issued a
proclamation stating the following demands:
1. Expulsion of the friars and the return of the friar lands to the Filipinos
2. Representation of the Philippines in the Spanish Cortes
3. Freedom of the press and of religion
4. Abolition of the government’s power to banish Filipinos
5. Equality for all before the law
12. Facts about Biak-na-Bato Constitution
The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine
Republic during the Philippine Revolution
It was promulgated by the Philippine Revolutionary Government on 1 November 1897
The Constitution was written by Isabelo Artacho and Felix Ferrer in Spanish
The organs of the government under the Constitution were:
1. the Supreme Council (President, & 4 department secretaries; The Interior, the
Foreign Affairs, Treasury and War)
2. the Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice)
3. the Asamblea de Representantes ( Assembly of Representatives)
The Filipino’s and the Spaniards did not trust each other. As a result, periodic clashes
between the two groups still took place even after Aguinaldo’s departure from the
country. The Spanish did not pay the entire agreed amount.
13. Primary Source: 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.
14. 1899:
Malolos Constitution
Emilio Aguinaldo issued a decree on July 18, 1898 asking for the election of delegates
to the revolutionary congress, another decree was promulgated five days later, which
declared that Aguinaldo would appoint representatives of congress because holding
elections is not practical at that time. The following were among the most important
achievements of the Malolos Congress:
1. In September 29, 1898, ratified the declaration of Philippine independence
held at Kawit, Cavite on June 12, 1898
2. Passage of a law that allowed the Philippines to borrow P 20 million from
banks for government expenses
3. Establishment of the Universidad Literatura de Filipinas and other schools
4. Drafting of the Philippine Constitution
5. Declaring war against the United States on June 12, 1899
15. Facts about Malolos Constitution
The newly reformed Philippine revolutionary forces reverted to the control of
Aguinaldo, and the Philippine Declaration of Independence was issued on 12 June
1898, together with several decrees that formed the First Philippine Republic.
The Malolos Congress was elected, which selected a commission to draw up a draft
constitution on 17 September 1898, which was composed of wealthy and educated men
The document was approved by the Congress on 29 November 1898, and promulgated
by Aguinaldo on 21 January 1899 and was titled “The Political Constitution of 1899”
written in Spanish
The document was patterned after the Spanish Constitution of 1812, with influences
from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and
the French Constitution of 1793.
The 1899 Malolos Constitution was never enforced due to the ongoing war.
16. Primary Source: Preamble of the
Political Constitution of 1899
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
political constitution.
18. 1935: The Commonwealth
Constitution
The Commonwealth era is the 10-year transitional
period in Philippine history from 1935 to 1945 in
preparation for independence from the United
States as provided for under the Philippine
Independence Act or more popularly known as the
Tydings-McDuffie Law. The Commonwealth
government was headed by Manuel L. Quezon and
Sergio S. Osmeña.
19. 1935: The Commonwealth
Constitution
Before the Tydings-McDuffie Act, several acts were
first passed;
1. The Philippine Organic Act of 1902 which created
the Philippine Assembly and that the legislative
power be vested in the bicameral legislature
(Philippine Commission as the upper house &
Philippine Assembly as the lower house)
20. 1935: The Commonwealth
Constitution
2. Philippine Autonomy Act ( Jones Law) – removal
of the Philippine Commission and replacing it with
a Senate, where the members are elected by Filipino
voters. This act also explicitly declared the purpose
of the U.S to end their sovereignty and recognize the
Philippine independence as soon a stable
government can be established.
21. Facts about Commonwealth
Constitution
The Constitution was crafted to meet the approval of the United States government, and
to ensure that the United States would live up to its promise to grant independence to the
Philippines.
Commonwealth is a traditional administration to prepare the country toward its full
achievement of independence. It originally provided for 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 (a Senate and a House of Representatives.
The draft of the constitution was approved by the constitutional convention on 8 February
1935, and ratified by then U.S. President Franklin B. Roosevelt on 25 March 1935.
The Commonwealth was briefly interrupted by the events of the World War II, with the
Japanese occupying the Philippines.
22. Primary Source: Preamble of the 1935
Commonwealth
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 regime of justice, liberty, and democracy,
do ordain and promulgate this constitution.
23. 1973 Constitution
• Parliamentary-Style Government where legislative
power is vested in a Unicameral National Assembly.
• The President (symbolic and ceremonial head of state)
is to be elected to serve a six-year team and be re-
elected to an unlimited number of terms.
• Executive power is to be vested to the Prime Minister
who is also the head of government and Commander-
in-Chief of the AFP.
26. Facts about the 1987 Constitution
• Established the Philippines as a “democratic-republican state”
where “sovereignty resides in the people and all government
authority emanates from them”.
• It allocates governmental powers among the executive, legislative
and judicial branches of the government.
• Legislative power resides in a Congress divided into two-houses;
the Senate which is compose of 24 senators, who are elected and
can serve no more than 2 consecutive 6-year term and the House
which is composed of district representatives.
27. Facts about the 1987 Constitution
• The Philippine Court System is vested with power of the
judiciary and is composed of a Supreme Court which is a 15-
member court appointed by the President and lower courts.
28. 1987 Constitution - Preamble
Approved: 02 February 1987
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.
The Constitution of the Republic of the Philippines, 1987
29.
30.
31.
32.
33.
34. Facts about the 1987 Constitution
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
35. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the
laws.
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
36. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble and petition the government for redress of
grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.
37. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall
not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be abridged.
38. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 9. Private property shall not be taken for public
use without just compensation.
Section 10. No law impairing the obligation of contracts
shall be passed.
Section 11. Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.
39. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible
in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
40. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence
in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and his failure to appear is unjustifiable.
41. Due Process
• Due process is the legal requirement that
the state must respect all legal rights that are
owed to a person.
• Due process balances the power of law of
the land and protects the individual person
from it.
42. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 15. The privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion when
the public safety requires it.
Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be compelled to be a witness
against himself.
43. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
44. THE 1987 CONSTITUTION OF THE REPUBLIC OF
THE PHILIPPINES – ARTICLE III
Section 20. No person shall be imprisoned for debt or non-payment of
a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for
the same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
45. Ex Post Facto Law
• An ex post facto law is a law that changes
the legal status of an action after it has
already been done, especially a law that
makes an action illegal after it has been
committed.
46. Methods by which the Constitution can be
changed or amended
1. Con-as (Constituent Assembly)
Congress or House of representatives and
Senate may convene as a Con-Ass to propose
amendments to the Constitution. It is not
clear, however, if Congress is to vote as a
single body or separately
47. Methods by which the Constitution can be
changed or amended
2. Con-con (Constitutional Convention)
Congress, upon a vote of three-fourths of all
its members, calls for a constitutional
convention. In a con-con, delegates will
propose amendments or revisions to the
Constitution.
48. Methods by which the Constitution can be
changed or amended
3. PI (People’s Initiative)
In this method, amendments to the
Constitution may be proposed by the people
upon a petition of at least 12% of the total
number of registered voters. No amendment
is allowed more than once every five years
since a successful PI.
49. Note: Amendments or revision to the constitution
shall be valid only when ratified by a majority of
the votes cast in a national referendum.
