Evolution-of-the-Philippine-Constitution-Final.pdf

Evolution of
the
Philippine
Constitution

Constitution
–Defined as a set of fundamental principles or
established precedents according to which a
state or other organization is governed, thus,
the word itself mean to be a part of a whole,
the coming together of distinct entities into one
group, with the same principles and ideals.

1897 Constitution (Biak-na-Bato
Constitution
– Promulgated by the Philippine Revolutionary
Government
– November 1, 1897
– Borrowed from Cuba
– Written by Isabelo Artacho and Felix Ferrer
– Written in Spanish then later it was translated from
Tagalog.

Branches of Government
1. Supreme Council
Head
(President)
4 department
secretaries
1. Interior
2. Foreign affairs
3. Treasury
4. war
2. Consejo Supremo
de Gracia Y Justicia
( Supreme Council
of Grace and justice
1. The authority to make decision and
affirm or disapproved sentence by other
courts
2. Dictates rules for administrative justice
3. Asemblea
Representantes
(Assembly of
Representatives)
1. To create new constitution
2. To new elect new council or
representative of people

The Constitution of Biak-na-Bato
was never fully implemented, since
the Pact of Biak-na-Bato, was
signed between the Spanish and
the Philippine Revolution Army.

1899 Constitution: (Malolos
Constitution)
– After signing the truce, the Filipinos revolutionary leaders accepted a
payment from Spain and went to exile in Hong Kong
– Mock Battle in Manila Bay: Spaniards were defeated by the Americans
– Declaration of Philippine Independence by Emilio Aguinaldo ( June 12, 1898)
– The First Philippine Republic was formed
– The Malolos Congress was elected
– September 17, 1898- draft of constitution was made
– November 1898- Approved by the congress
– January 21, 1899- Promulgated by Aguinaldo

Constitution)
– The Political Constitution of 1899 (Written in Spanish)
– 39 Articles divided into 14 titles with 8 articles of transitory provisions.
– Patterned from after Spanish constitution of 1812.
– Felipe Calderon author of the constitution
– Other influences of Malolos Constitution are from the charter of BELGIUM,
MEXICO, BRAIL, NICARAGUA, COSTA RICA, AND GUATEMALA, AND FRENCH
CONSTITUTIONOF 1793.
– Other influences of Malolos constitution (Philippines)- KARTILYA and
SANGGUNIAN HUKUMAN, BIAK NA BATO CONSTITUTION, MABINI’S
CONSTITUTIONAL PROGRAM OF THE PHILIPPINE REPUBLIC OF1898

Constitution)
– Title IV- natural rights and popular sovereignty of Filipinos
– Title III, Article V- declares that the State recognizes the freedom
and equality of all beliefs, as well as the separation of the
Church and State
– Title II, Article IV- The form of government (the three distinct
powers)
– Legislative
– Executive
– Judicial

Constitution)
– LEGISLATIVE
– Unicameral body (Assembly of Representative)
– Members were elected in four years
– Secretaries of the government were given seat in the assembly
– Bills were introduced by member of legislative or by the president
– They are given rights to select their own officers
– Right of impeaching the president, cabinet members, chief justice of
supreme court and solicitor-general

Constitution)
– Executive
– Vested in the president
– Elected by constituent assembly (assembly of the
representative)
– Four years term without re-election
– No vice president
– In case of vacancy, a president was to be selected by the
constituent assembly.

Constitution)
The 1899 Malolos Constitution was never
enforced due to the ongoing war. The
Philippinew was effectively a territory of the
United Sates upon signing the TREATY OF PARIS
between Spain and the United States,
transferring sovereignty of the Philippines on 10
December 1898.

1935 Constitution:
(CommonwealthConstitution)
• Philippine was subject to United States Of
America
• It was placed from Military to Civil
government
• Two Act of the United States Congress were
passed that may be considered to have
qualities of constitutionality.

1935 Constitution:
1. Philippine Organic Act of 1902
a. The first organic law for the Philippines Island
b. It provide the creation of the a popularly
elected Philippine Assembly.
c. Legislative power would be vested in
bicameral legislature (upper house & lower
house)

1935 Constitution:
d. Key provisions
 Bill of rights
Appointment of two non-voting Filipino
Resident Commissioner of the Philippines (
Representative to US congress)

1935 Constitution:
2. Philippine Autonomy Act of 1916 (Jones Law)
a. Removal of Philippine Commission (replacing by
Senate)
b. It was an act that declare the the purpose of the
United States o end their sovereignty over the
Philippines
c. It recognize Philippine independence as son as a
stable government can be established.

1935 Constitution:
3. Hare-Hawes-Cutting Act of 1932
a. It is the promise of granting Filipinos
independence
b. Led by Sergio Osmena and Manuel Roxas (Filipino
Independence Mission)
c. Rejected by Senate President Manuel L. Quezon

1935 Constitution:
4. Tydings-Mcduffie Act of 1934
a. Also known as the Philippine Independence Act
b. It provide authority and defined mechanisms for
the establishment of a formal constitution by a
constitutional convention.
c. First meeting was held on July 30, 1924
d. Claro M. Recto was unanimously elected as a
president

1935 Constitution: (Commonwealth
Constitution)
 The constitution created the Commonwealth of the
Philippines from 1935-1946
It is a transitional administration to prepare the
country towards its full achievement of
independence.
It was originally provided for a unicameral National
Assembly

Constitution)
President and Vice President- 6 year term without
re-lection
Amended in 1940
 Bicameral Congress (Senate and House of
representative)
 President and Vice President- 4 years with one re-
election
 Right to vote for women

Constitution)
Influences of the Constitution
American
Malolos Constitution
German
Spanish
Mexican Constitution
South American countries
Unwritten English Constitution

Constitution)
February 8, 1935- The draft of the
constitution was approved by the
constitutional convention
March 25, 1935- Ratified by the U.S President
Franklin B. Roosevelt
September 1935- Manuel L. Quezon was
elected as President of the Commonwealth

Constitution)
The commonwealth was briefly
interrupted by the evens of the World
War II, with the Japanese occupying the
Philippines. Afterwards, upon liberation,
the Philippines was declared an
independent Republic on July 4, 1946.

1973 Constitution: (Constitutional
Authoriatianism)
 1965- Ferdinand Marcos was elected
as President
1967- Philippine Congress passed a
resolution calling for a
CONSTITUTIONAL CONVENTION

Authoriatianism)
1969- Marcos won the re-election
November 20 1970- election of delegates
to the Constitutional convention
June 1, 1971- The convention began
formally ( Carlos P. Garcia elected
Convention Preseident)

Authoriatianism)
Before the convention finished the work,
Martial Law was declared.
Some delegates of the convention were
placed behind the bars and other were
voluntary exiled.

Authoriatianism)
With Marcos as dictator, the direction
of convention turned and dictated
some provision of the constitution.
On November 29 1972- the
convention approved its proposed
constitution.

Authoriatianism)
 The constitution supposed to
introduce a parliamentary-style of
government.
Legislative
Unicameral
6 years terms of the member

Authoriatianism)
 The president- head of State
Six year term
Could be re-elected
Unlimited number of terms
Executive Power
Prime Minister- Head of the Government
Commander in chief of the Armed Forces

Authoriatianism)
November 30 1973- Presidential Decree No. 73
(Plebiscite to ratify or reject the proposed
constitution)
It was postponed because Marcos feared that
public might reject the constitution
Citizen Assembly was held- voting by hand to
ratify the constitution

Authoriatianism)
 Topics of the Voting:
Ratify constitution
Continue Martial Law
Place a moratorium on election for a
periodof at least several years

Authoriatianism)
 1976- citizen Assemblies once again,
decided to allow the continuation of Martial
Law.
 The president also become the prime
Minister and continue to exercise the legislative
powers until Martial Law was lifted.

Authoriatianism)
 1980- retirement age of members of the
judiciary was extended to 70 years
 1981- parliamentary system was modified to
French style (semi-preseidential)
 1984- the esecutive committee was abolished
and the position of the vice president was
restored

Authoriatianism)
The constitution was merely the way for the
president to
1. keep executive powers
2. Abolished senate
3. Functioned as an authoritarian presidential
system with powers concentrated in the
hands of the president.

Authoriatianism)
 1980’ situation was very turbulent
 August 1983- Benigno Aquino Jr. was assinated
 Marcos was then force to hold a “snap” election
 Rebel groups
 1986- EDSA REVOLUTION
 February 25, 1986- Corazon Aquino was installed
as president

1987 Constitution: Constitution
After Martial Law
 President Corazon Aquino decide to make a new
constitution
 March 1986- President Aquino proclaimed a
transitional constitution to last for a year while
constitutional commission draft a permanent
constitution
 Freedom Consitution- transitional constitution
(Presidential Decree)

After Martial Law
 In 1986, constitutional convention was created
 48 members
 Appointed by President Aquino from varied
background and representation
 They draw a permanent constitution largely
restoring the set up abolished by Marcos in 1972.
 February 2, 1987- constitution was finally adopted.

After Martial Law
 Constitution
 Preamble
 18 self-contained articles
 Democratic Republican State
 Sovereignty resides in the people and all government
authority emanates from them
 It allocates governmental powers (Executive,
Legislative and Judiciary)

After Martial Law
 Executive Branch
 Headed by President and his cabinet whom he
appoints
 President is the head of state and chief executive but
his power is limited
 In case of national emergency the President may still
declare Martial Law but not longer than the period of
sixty days

After Martial Law
 Congress (through majority) can revoke or extend
martial law.
 The supreme court may also review the
declaration of Martial Law
 The President and Vice President are elected by
direct vote, serving single six-year term.

After Martial Law
 Legislative Branch
 Congress is divided into Two Houses (Senate and House of
Representatives)
 24 Senators are elected by popular vote- No more than
two consecutive six terms.)
 The House of Representative- composed of district
representatives representing particular geographic area
and makes up around 80% of the total number of
representatives

After Martial Law
 They serve three-year terms.
 Party-list system- to provide spaces for the participation
of under represented community sector (20% seat of the
House)
 Congress may also declare war through two-thirds vote in
both upper and lower house.
 Legislative is subject to an executive check
1. President can veto or stop the bill from becoming a law
2. Congress may over ride this power through 2/3 votes

After Martial Law
 Judiciary Branch
 The Supreme Court
 15 member court appointed by the president
without the need to confirmed by Congress
 Appointment Process
 List of nominees was provided (judicial and bar
council)

After Martial Law
 The Supreme Court Justice
 May hear appeal any cases dealing with constitutionality of any
law, treaty or decree.
 Cases where questions of jurisdiction or judicial error is
concerned
 Cases where penalty is sufficiently grave.
 It may also exercise original jurisdiction over cases involving
government or international officials
 In charge of the functioning and administration of the lower and
their personnel.

After Martial Law
The Constitution also established three independent
CONSTITUTIONAL COMMISSIONS
1. Civil Service Commission- A central agency in charge of
government personnel
2. Commission on Election- enforce and administer all
election laws and regulations
3. Commission on Audit- which examines all funds,
transactions and property accounts of the government
and its agencies.

Changing the Constitution
Charter Change (cha-cha)- changing of the
Constitution
3 ways of hanging the Constitution (Article XVII of
the 1987 Contitution)
– Constitutional Assembly (Con-Ass)
– Constitutional Convention (Con-Con)
– People’s Iniative

1. Contitutional Assembly
 Constitutional Assembly (Con-Ass)
 Congress( Senate and House of
Representative)
 Propose amendments to the constitution
 It is not clear, however, if Congress is to
vote as single body separately.

2. Constitutional Convention
 Constitutional Convention( Con-Con)
 Congress upon the vote of 2/3 of its
member calls for a constitutional
convention.
 Submit to electorate the question calling a
convention through a majority vote of all
its members.

2. Constitutional Convention
The con-con delegates will propose
amendments or revision s to the
constitution, not congress.
The 1987 constitution does not provide
for a method by which a delegates to
Con-con are chosen.

3. People’s Initiative
 Amendments of the constitution may be proposed
by the people upon a petition of at least 12% of
the total number of registered votes.
 No amendments is allowed more than once every
five years since a successful PI
 The 1987 constitution directs the congress to
enact a law to implement provision of the PI,
which has not yet materialized.

Changing the Constitution
Amendments or revision to the
constitution shall be valid only
when ratified by a majority of
the votes cast in a national
referendum

Only the House of Representatives can
initiate the impeachment of the
President, members of Supreme Court,
and other constitutionally protected
public officials such as Ombudsman.
The Senate will then try the
impeachment case. This is another
safeguard to promote moral and ethical
conduct in the government.

Attempts to Amend or Change the
1987 Constitution
– There were efforts to amend or change the 1987 Constiution starting with
Fidel Ramos
– !995- when Secretary of National Security Council JOSE ALMONTE drafted a
constitution but it was exposed to media and it never prospered
– 1997- The group called PIRMA hoped to gather signatures from voters to
change the constitution through people’s initiative. Many were against this
including Senator Miriam Defensor-Santiago who brought the issue to court
and won
– Joseph Ejercito Estrada-formed a study commission to investigate the issues
surrounding charter change focusing on the economic and judiciary provision
of the constitution.

Attempts to Amend or Change the
1987 Constitution
– House Speaker Jose De Venecia under President Macapagal Arroyo endorsed
constitutional change through a Constitutient Assembly which entails a two-
thirds vote of the House to propose amendments and revision.
– This initiative was not successful since the term of president Arroyo was
mired in controversy and scandal including the possibility of Arroyo to extend
her term, which the constitution does not allow
– Benigno Aquino III Administeration had no marked interest in the Charter
Change except Speaker of the House, Felciano Belmonte Jr., who attempt to
introduce amendments to the constitution that concern economic provision
that aim toward liberalization.

Federalism
– President Duterte in the 2016 presidential election, saying that it will evenly
distribute wealth of the Philippines instead of concentrating it in Manila.
– As a form of government, the central government, a central governing
authority and constituent political units constitutionally shared sovereignty.
– Applied to the Philippines, the country will be broken into autonomous
regions.
– Each region will be divided into local government unit.
– The regions will have the primary responsibility of industry development,
public safety, education, healthcare, transportation and many more.
– Each region will take charge of their own finances, plans for development, and
laws exclusive to their area.

Federalism
– The national government, on the other hand, will only handle
matters of national interest such as foreign policy and defense
among others.
– In this system, it is possible for the central government and the
region to share certain powers.
– Our current system is that of a unitary for, where administrative
powers and resources are concentrated in the national government.
– Mayors and governors would have to rely on allocations provided to
them through a proposed budget that si also approved by the
national government, a system prone to abuse.

Federalism
– There are many pros to a federal government.
– Each region may custom fit solutions to problems brought about by
their distinct geographic, cultural, social and economic contexts.
Regions also have more power over their finances, since they
handle majority income and only contribute to a small portion to
the national government.
– They can choose to directly fund their own development projects
without asking for the national government’s go signal.
– A federal system focus on nationwide concerns while regional
governments can take care of administrative issue

Federalism
– Federal form of government could also solve a lot of decade-old
problems of the country.
– It may be a solution to the conflict in Mindanao, since a separate
Bangsamoro region could be established for Muslim Mindanao.
– It could address to inequality in wealth distribution and lessen
the dependence to the Metro Manila, since regions can be
proceed with what they have to do without needing to consider
the situation in the capital.

Federalism
– There are also cons to federalism.
– While it creates competition among regions, it could also be
challenge to achieving unity in the country.
– There might be regions which are not ready to govern themselves
or have lesser resources which could mire them deeper in
poverty and make development uneven in country.
– There could be issue regarding overlaps in jurisdiction, since
ambiguities may rise where national ends and region began.

Federalism
– As a proposed solution to the conflict of Mindanao, we must
also remember that the Autonomous Region in Muslim
Mindanao (ARMM) had already been created and the conflict
still continues.
– Federaism may not be enough for those who clamor
separation.
– Any effort to shift the system of government also entails cost
and it would not be cheap. It would cost billion to dismantle
the current system and would take long time before the
system normalizes and iron out is kinks.

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