Readings in Philippine History
Chapter 4:
topics:
The Evolution of the Philippine Constitution:
1935: The Commonwealth Constitution
1973: Constitutional Authoritarianism
Evolution of the Philippine Constitution: 1953: The Commonwealth Constitution;1973: Constitutional Authoritarianism
1. Evolution of the Philippine
Evolution of the Philippine
Constitution:
Constitution:
1935:The Commonwealth Constitution
1935:The Commonwealth Constitution
1973:Constitutional Authoritarianism
1973:Constitutional Authoritarianism
Presented by:
Lecobu-an, Mae Arra
BSN 1-G
3. "I would rather have a country
run like hell by Filipinos than
a country run like heaven by the
Americans, because however a bad
Filipino government might be, we
can always change it"
Manuel L. Quezon
4. What is Commonwealth?
Commonwealth is a traditional English term for a political community
founded for the common good. Historically, it has sometimes been
synonymous with "republicanism".
The Commonwealth of the Philippines (Tagalog: Komonwelt ng Pilipinas)
was the administrative body that governed the Philippines from 1935 to
1946, aside from a period of exile in the Second World War from 1942 to
1945 when Japan occupied the country. It replaced the Insular Government,
a United States territorial government, and was established by the Tydings –
McDuffie Act. The Commonwealth was designed as a transitional
administration in preparation for the country's full achievement of
independence.
5. Born on August 19, 1878 in Baler, Aurora,
Philippines
known as the "Father of the Philippine
Republic" and the "Father of the Philippine
National Language
also called the “Father of Philippine
Independence”
n 1899, Quezón cut short his law studies at
the University of Santo Tomás in Manila to
participate in the struggle for independence
against the United States, led by Emilio
Aguinaldo. During the Philippine-American
War he was an ayuda-de-campo to Emilio
Aguinaldo. He rose to the rank of Major and
fought in the Bataan sector.
Manuel Luis Molina Quezon
6. He was the first Filipino president of the Commonwealth of the Philippines
He was the first Filipino president of the Commonwealth of the Philippines
under U.S. rule in the early 20th century. However, he is considered by most
under U.S. rule in the early 20th century. However, he is considered by most
Filipinos as the second President after Emilio Aguinaldo, whose República
Filipinos as the second President after Emilio Aguinaldo, whose República
Filipina did not receive international recognition at the time and who therefore
Filipina did not receive international recognition at the time and who therefore
was not considered the first Philippine president by the United States.
was not considered the first Philippine president by the United States.
Malacanang Palace, Philippines
Malacanang Palace, Philippines
During his presidency, Quezón tackled the problem of landless peasants in the
During his presidency, Quezón tackled the problem of landless peasants in the
countryside. Other major decisions include reorganization of the islands'
countryside. Other major decisions include reorganization of the islands'
military defense, approval of recommendation for government reorganization,
military defense, approval of recommendation for government reorganization,
promotion of settlement and development in Mindanao, dealing with the
promotion of settlement and development in Mindanao, dealing with the
foreign stranglehold on Philippine trade and commerce, proposals for land
foreign stranglehold on Philippine trade and commerce, proposals for land
reform, and opposing graft and corruption within the government. He
reform, and opposing graft and corruption within the government. He
established an exiled government in the U.S. with the outbreak of the war and
established an exiled government in the U.S. with the outbreak of the war and
the threat of Japanese invasion.
the threat of Japanese invasion.
7. On
On November 15, 1935
November 15, 1935, the Filipino people took the penultimate step to
, the Filipino people took the penultimate step to
independence with the inauguration of the Commonwealth of the
independence with the inauguration of the Commonwealth of the
Philippines. Only two months prior, on September 16, a million Filipinos had
Philippines. Only two months prior, on September 16, a million Filipinos had
trooped to the polls to elect their two highest officials – the President and
trooped to the polls to elect their two highest officials – the President and
Vice President. This was the first time in the history of the nation that a
Vice President. This was the first time in the history of the nation that a
Filipino would finally sit as Chief Executive and hold office in Malacañang
Filipino would finally sit as Chief Executive and hold office in Malacañang
Palace.
Palace.
8. Pres. Manuel L. Quezon
Vice-Pres. Sergio Osmeña
• Senate President Manuel L. Quezon and his running mate Senate
President pro tempore Sergio Osmeña were elected as President and
Vice President, while voters elected representatives for the new
unicameral National Assembly and for local positions.
• The Commonwealth was the culmination of efforts to secure a
definitive timetable for the withdrawal of American sovereignty over
the Philippines.
• The Constitution of the Commonwealth of the Philippines provided
for a presidential system of government with a unicameral legislature.
It had the power to enact laws for the Philippines, known as
Commonwealth Acts, through the National Assembly.
9. • The Commonwealth was meant to lay down the foundations for an independent, fully-
• The Commonwealth was meant to lay down the foundations for an independent, fully-
functional state. Its priorities could be seen in the first laws enacted by the new National
functional state. Its priorities could be seen in the first laws enacted by the new National
Assembly:
Assembly:
• Commonwealth Act No. 1 established the Philippine Army and a national defense policy;
• Commonwealth Act No. 1 established the Philippine Army and a national defense policy;
• Commonwealth Act No. 2 established the National Economic Council;
• Commonwealth Act No. 2 established the National Economic Council;
• Commonwealth Act No. 3 created the Court of Appeals.
• Commonwealth Act No. 3 created the Court of Appeals.
• The 1935 Constitution was amended in 1940 to permit the reelection of the president
• The 1935 Constitution was amended in 1940 to permit the reelection of the president
and the vice president, to restore the Senate and thus shift the legislature back to the
and the vice president, to restore the Senate and thus shift the legislature back to the
bicameral system, and to establish a national electoral authority, the Commission on
bicameral system, and to establish a national electoral authority, the Commission on
Elections. The proposed amendments were ratified in a plebiscite held on June 18, 1940.
Elections. The proposed amendments were ratified in a plebiscite held on June 18, 1940.
10. Today’s institutions in our government trace their origins to the Commonwealth
Executive Office (1935)
Court of Appeals (1935) Philippine Charity Sweepstakes Office
Komisyon ng Wikang Filipino (1936)
National Bureau of Investigation (1936)
Department of Budget and Management (1936)
Government Service Insurance System (1936)
Department of National Defense (1939)
Department of Health (1940)
New Bilibid Prisons (1940)
Presidential Communications Operations Office (from the Department of Information and Public Relations,
1943)
Boy Scouts of the Philippines
Girl Scouts of the Philippines
National Food Authority
National Economic Development Authority (originally National Economic Council, 1936)
Bureau of Immigration and Deportation
ROTC system Bureau of Aeronautics (1936 ;now the CAAP)
Philippine Military Academy
Philippine Air Force
Articles of War (AFP)
Comelec
Chief of Staff of the Armed Forces
11. The Philippine Assembly
The Philippine Assembly
• The Philippine Assembly was the lower house of the Philippine Legislature from
1907 to 1916, during the American Colonial Period of the Philippines. Along with
the appointed Philippine Commission, the assembly comprised the Philippine
Legislature, the legislative branch of the Insular Government, established by the
Philippine Organic Act of 1902, passed by the United States Congress.
12. CONCERNS DURING THE COMMONWEALTH PERIOD
- The primary concerns in the transition period were:
1. National Security and National Defense
2. Social Justice of the country
3. Education
4. Language 5. Economic Development
ACCOMPLISHMENTS:
1. Reorganization of the government by creating offices, including Department of
National Defense, Institute of National Language and the National Council of Education,
Filipinization of the judiciary from Supreme Court to the municipal courts;
2. Granting of women suffrage;
3. Creation of new chartered cities – Cebu, Iloilo, Bacolod, Davao, Zamboanga, San
Pablo, Quezon City, Cavite and Tagaytay;
4. The adoption of national language, based on Tagalog
13. 5. Promotion of Social Justice, as shown by the Eight Hour Labor Act enacted by the
National Assembly and the appointment of public defenders (government lawyers)
6. Compulsory military training of able-bodied Filipino youths, under the supervision of Gen.
Douglas MacArthur
7. Taking of the 1939 Official Census of the Philippines
8. The improvement of the Philippine economy, as revealed by the growth of agriculture,
commerce and industries
9. Creation of Joint Preparatory Committee on Philippine Affairs (JPCPA)
10. Passing of three amendments of the 1935 Phil. Constitution a. Tenure of the President
and Vice-President was four years with re-election for another term b. Establishment of a
Bicameral Congress of the Philippines c. Creation of an Independent Commission on
Elections composed of three members to supervise
14. THE JONES LAW
THE JONES LAW
The Jones Law, enacted by the 64th Congress of the United States on August 29,
The Jones Law, enacted by the 64th Congress of the United States on August 29,
1916, contained the first formal and official declaration of the United States
1916, contained the first formal and official declaration of the United States
commitment to grant independence to the Philippines. The law provides that the
commitment to grant independence to the Philippines. The law provides that the
grant of independence would come only "as soon as a stable government can be
grant of independence would come only "as soon as a stable government can be
established", which gave the United States Government the power to determine
established", which gave the United States Government the power to determine
when this "stable government" has been achieved. It aimed at providing the
when this "stable government" has been achieved. It aimed at providing the
Filipino people (Filipinos) broader domestic autonomy, though it reserved certain
Filipino people (Filipinos) broader domestic autonomy, though it reserved certain
privileges to the United States (Americans) to protect their sovereign rights and
privileges to the United States (Americans) to protect their sovereign rights and
interests.
interests.
15. OSROX MISSION
OSROX MISSION
In 1931, the OsRox Mission (which stands for “Osmeña and Roxas”)
In 1931, the OsRox Mission (which stands for “Osmeña and Roxas”)
successfully lobbied for the enactment of the Hare-Hawes-Cutting Act,
successfully lobbied for the enactment of the Hare-Hawes-Cutting Act,
which was passed over President Herbert Hoover’s veto in 1932. This was,
which was passed over President Herbert Hoover’s veto in 1932. This was,
however, rejected by the Philippine Legislature. In 1934, a new mission (the
however, rejected by the Philippine Legislature. In 1934, a new mission (the
QuAquAl Mission, made up of Quezon, Benigno Aquino Sr., and Rafael Alunan)
QuAquAl Mission, made up of Quezon, Benigno Aquino Sr., and Rafael Alunan)
negotiated the Tydings-McDuffie or the Philippine Independence Act, which
negotiated the Tydings-McDuffie or the Philippine Independence Act, which
set a ten-year transition period to be known as the Commonwealth of the
set a ten-year transition period to be known as the Commonwealth of the
Philippines, followed by the recognition of the independence of the
Philippines, followed by the recognition of the independence of the
Philippines by the United States.
Philippines by the United States.
16. THE HARE-HAWES
THE HARE-HAWES
CUTTING
CUTTING ACT
ACT
The Hare–Hawes–Cutting Act was authored by South Carolina
The Hare–Hawes–Cutting Act was authored by South Carolina
Representative Butler Hare, Missouri Senator Harry Bartow Hawes and
Representative Butler Hare, Missouri Senator Harry Bartow Hawes and
New Mexico Senator Bronson M. Cutting. It was finally passed by the
New Mexico Senator Bronson M. Cutting. It was finally passed by the
United States Congress in December 1932, but was vetoed by U.S.
United States Congress in December 1932, but was vetoed by U.S.
President Herbert Hoover. Congress then overrode the veto on January 17,
President Herbert Hoover. Congress then overrode the veto on January 17,
1933.
1933.
The law promised Philippine independence after 10 years, but reserved
The law promised Philippine independence after 10 years, but reserved
several military and naval bases for the United States, as well as imposing
several military and naval bases for the United States, as well as imposing
tariffs and quotas on Philippine exports. It also required the Philippine
tariffs and quotas on Philippine exports. It also required the Philippine
Senate to ratify the law
Senate to ratify the law
17. TYDINGS -MCDUFFIE
TYDINGS -MCDUFFIE
ACT
ACT
Otherwise known as the Philippine Independence Act is a U.S. law that
Otherwise known as the Philippine Independence Act is a U.S. law that
provided for Philippine independence. It is a slightly revised version of the
provided for Philippine independence. It is a slightly revised version of the
Hare-Hawes-Cutting Bill passed by the U.S. Congress in 1933 but was vetoed
Hare-Hawes-Cutting Bill passed by the U.S. Congress in 1933 but was vetoed
by U.S. President Hoover. The U.S. Congress overrode the veto but was
by U.S. President Hoover. The U.S. Congress overrode the veto but was
rejected by the Philippine Senate upon urgings of Manuel L. Quezon. Quezon
rejected by the Philippine Senate upon urgings of Manuel L. Quezon. Quezon
wanted an amended bill. The new bill named, The Philippine Independence Act
wanted an amended bill. The new bill named, The Philippine Independence Act
was authored by Senator Milliard Tydings (Democrat) and Representative
was authored by Senator Milliard Tydings (Democrat) and Representative
John McDuffie (Democrat). The new president, Franklin D. Roosevelt, signed it
John McDuffie (Democrat). The new president, Franklin D. Roosevelt, signed it
into law on March 24, 1934.
into law on March 24, 1934.
18. THE 1935PHILIPPINE CONSTITUTION
THE 1935PHILIPPINE CONSTITUTION
The Filipino people, imploring the aid of Divine Providence, in order to establish
The Filipino people, imploring the aid of Divine Providence, in order to establish
a government that shall embody their ideals, conserve and develop the
a government that shall embody their ideals, conserve and develop the
patrimony of the nation, promote the general welfare, and secure to themselves
patrimony of the nation, promote the general welfare, and secure to themselves
and their posterity the blessings of independence under a regime of justice,
and their posterity the blessings of independence under a regime of justice,
liberty, and democracy, do ordain and promulgate this Constitution.
liberty, and democracy, do ordain and promulgate this Constitution.
Primary Source: Preamble of the 1935 Commonwealth
The 1935 Constitution was written in 1934, approved and adopted by the
The 1935 Constitution was written in 1934, approved and adopted by the
Commonwealth of the Philippines (1935–1946) and later used by the Third Republic
Commonwealth of the Philippines (1935–1946) and later used by the Third Republic
(1946–1972). It was written with an eye to meeting the approval of the United States
(1946–1972). It was written with an eye to meeting the approval of the United States
Government as well, so as to ensure that the U.S. would live up to its promise to
Government as well, so as to ensure that the U.S. would live up to its promise to
grant the Philippines independence and not have a premise to hold onto its
grant the Philippines independence and not have a premise to hold onto its
possession on the grounds that it was too politically immature and hence unready
possession on the grounds that it was too politically immature and hence unready
for full, real independence.
for full, real independence.
19. The original 1935 Constitution provided for unicameral National Assembly and
The original 1935 Constitution provided for unicameral National Assembly and
the President was elected to a six-year term without re-election. It was
the President was elected to a six-year term without re-election. It was
amended in 1940 to have a bicameral Congress composed of a Senate and
amended in 1940 to have a bicameral Congress composed of a Senate and
House of Representatives, as well the creation of an independent electoral
House of Representatives, as well the creation of an independent electoral
commission. The Constitution now granted the President a four-year term with
commission. The Constitution now granted the President a four-year term with
a maximum of two consecutive terms in office.
a maximum of two consecutive terms in office.
Dominant influence in the constitution was American, also bears traces of
Dominant influence in the constitution was American, also bears traces of
Malolos Constitution, German, Spanish and Mexican constitutions, constitution
Malolos Constitution, German, Spanish and Mexican constitutions, constitution
of several South America countries, and the unwritten English Constitutions.
of several South America countries, and the unwritten English Constitutions.
The commonwealth was briefly interrupted by events of the World War II,
The commonwealth was briefly interrupted by events of the World War II,
Japanese occupying the Philippines. The Philippines was declared
Japanese occupying the Philippines. The Philippines was declared
independent republic on July 4, 1948.
independent republic on July 4, 1948.
20. • ARTICLE I: The National Territory
• ARTICLE II: Declaration of Principles
• 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: Impeachment
• ARTICLE X: Commission on Elections
• ARTICLE X: Commission on Elections
• ARTICLE XI: General Auditing Office
• ARTICLE XII: Civil Service
Articles that are under 1935Constitution
Articles that are under 1935Constitution
• ARTICLE XIII: Conservation and Utilization
of Natural Resources
• ARTICLE XIV: General Provisions
• ARTICLE XV: Amendments
• ARTICLE XVI: Transitory Provisions
• ARTICLE XVII: Special Provisions Effective
upon the Proclamation of the
Independence of the Philippines
ARTICLE XVIII: The Commonwealth and the
Republic
23. On 24 August 1970, Congress enacted RA No. 6132, otherwise known as the
Constitutional Convention Act, for the purpose of convening a Constitutional
Convention.
While in the process of drafting a new Constitution, President Ferdinand Marcos
declared Martial Law on 21 September 1972.
The 1973 Constitution, promulgated after Marcos' declaration of martial law, was
supposed to introduce a parliamentary-style government. Legislative power was
vested in a unicameral National Assembly whose members were elected for six-year
terms. The President was ideally elected as the symbolic and purely ceremonial head
of state chosen from amongst the Members of the National Assembly for a six-year
term and could be re-elected to an unlimited number of terms. Upon election, the
President ceased to be a Member of the National Assembly. During his term, the
President was not allowed to be a member of a political party or hold any other office.
24. Ferdinand Marcos was a elected president
– 1965
1967-Philippine Congress passed a
resolution calling for a constitutional
convention - 1935 Constitution.
In 1969-Marcos won the re-election
25. November 20, 1970-Election of the delegates were held
November 20, 1970-Election of the delegates were held
June 1, 1971-convention was formally began President
June 1, 1971-convention was formally began President
Carlos P. Garcia elected as convention president but he
Carlos P. Garcia elected as convention president but he
died and was succeeded by former president, Diosdado
died and was succeeded by former president, Diosdado
Macapagal.
Macapagal.
Before the convention finished its work.
Before the convention finished its work.
Martial Law was declared.
Martial Law was declared.
26. The growing communist insurgency is cited as the reason for Martial Law.
The growing communist insurgency is cited as the reason for Martial Law.
Delegates of constitutional convention were imprisoned, went hiding or
Delegates of constitutional convention were imprisoned, went hiding or
were voluntary exiled.
were voluntary exiled.
November 29, 1972-the convention approved its proposed
November 29, 1972-the convention approved its proposed
constitution. (parliamentary-style government).
constitution. (parliamentary-style government).
President Marcos issued Presidential decree No.73
President Marcos issued Presidential decree No.73
Citizen assemblies were held on January 10-15, 1973
Citizen assemblies were held on January 10-15, 1973 1.) Decided on whether
1.) Decided on whether
ratify the constitution 2.) Suspend the convening of the Interim National
ratify the constitution 2.) Suspend the convening of the Interim National
Assembly 3.) Continue Martial Law 4.) Place a moratorium on elections for a
Assembly 3.) Continue Martial Law 4.) Place a moratorium on elections for a
period of at-least several year
period of at-least several year
27. January 17, 1973 the President announced that the proposed
January 17, 1973 the President announced that the proposed
constitution had been ratified by an overwhelming vote of the
constitution had been ratified by an overwhelming vote of the
members of the highly irregular Citizen Assemblies.
members of the highly irregular Citizen Assemblies.
In 1976, Citizen Assemblies once again decided to allow the continuation of
In 1976, Citizen Assemblies once again decided to allow the continuation of
Martial Law as well as approved the amendments: an Interim Batasang
Martial Law as well as approved the amendments: an Interim Batasang
Pambansa to substitute for the Interim National Assembly.
Pambansa to substitute for the Interim National Assembly.
The President would also become the Prime Minister and he would
The President would also become the Prime Minister and he would
continue to exercise legislative powers until such time as martial law
continue to exercise legislative powers until such time as martial law
was lifted and the President is authorized to legislate on his on an
was lifted and the President is authorized to legislate on his on an
emergency basis.
emergency basis.
28. In 1980 retirement age of members of the judiciary was extended to 70 years
In 1980 retirement age of members of the judiciary was extended to 70 years
In 1981, parliamentary system was formally modified to French-style, semi-
In 1981, parliamentary system was formally modified to French-style, semi-
presidential system where power was restored to the president ; an Executive
presidential system where power was restored to the president ; an Executive
Committee was to be created, composed of Prime Minister & 14 others that serve
Committee was to be created, composed of Prime Minister & 14 others that serve
as president's cabinet;& electron reforms were instituted.
as president's cabinet;& electron reforms were instituted.
In 1984, the Executive Committee was abolished and position for vice
In 1984, the Executive Committee was abolished and position for vice
president was restored.
president was restored.
1973 Constitution never acted as parliamentary system, instead it
1973 Constitution never acted as parliamentary system, instead it
functioned as authoritarian presidential system.
functioned as authoritarian presidential system.
29. As Marcos amassed power, the situation in 1980s had been very
As Marcos amassed power, the situation in 1980s had been very
turbulent and discontent has also been burgeoning.
turbulent and discontent has also been burgeoning.
August 1983, the tide turned swiftly as Benigno Aquino Jr., opposition
August 1983, the tide turned swiftly as Benigno Aquino Jr., opposition
leader and regarded as most credible alternative to Marcos, assassinated
leader and regarded as most credible alternative to Marcos, assassinated
while under military escort after his return from exile in the U.S.
while under military escort after his return from exile in the U.S.
Marcos declared himself winner despite of international condemnation &
Marcos declared himself winner despite of international condemnation &
widespread protest
widespread protest
30. Military rebels attempted stage coup but failed, this trigger what came to
Military rebels attempted stage coup but failed, this trigger what came to
be known as EDSA People Power Revolution of 1986
be known as EDSA People Power Revolution of 1986
Marcos family fled into exile because of the pressure from United States
Marcos family fled into exile because of the pressure from United States
of America, that used to support Marcos and this Martial Law.
of America, that used to support Marcos and this Martial Law.
Benigo Aquino Jr.'s widow Corazon Aquino was installed as president on
Benigo Aquino Jr.'s widow Corazon Aquino was installed as president on
February 25, 1986.
February 25, 1986.
31. “ 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, peace, liberty, and equality,
do ordain and promulgate this Constitution. “
PREAMBLE