Social, Political, Economic and

Cultural Issues in Philippine

History
Anointing Authority with Piety
Raul C. Pangalangan
Evolution of the Philippine Constitution

• Constitution defined:
a) set of fundamental principles or established precedents
according to which a state or an organization is governed
b) to be a part of a whole
c) the coming together of distinct entities into one group, with
the same principles and ideals

* Principles = define the nature and extent of government

The Constitution of the Philippines

• the supreme law of the Republic of the Philippines

• has been in effect since 1987

• only three other constitutions that have effectively governed

the country: the 1935 Commonwealth Constitution; the 1973
Constitution; and the 1986 Freedom Constitution

• however, there were earlier constitutions attempted by

Filipinos in the struggle to break free from the colonial yoke.
1897: Constitution of Biak-na-bato
• provisionary Constitution of the Philippine Republic during the
Philippine Revolution
• was promulgated by the Philippine Revolutionary Government
on 1 November 1897
• was borrowed from Cuba, and written by Isabelo Artacho and
Felix Ferrer in Spanish and later translated in Tagalog
• never fully implemented, since a truce, the Pack of Biak-na-
Bato, signed between Spanish and the Philippine Revolutionary
Army
1897: Constitution of Biak-na-bato
• Organs of the Government:
a) Supreme Council – vested with the power of the Republic,
headed by the President and four department secretaries:
interior, foreign affairs, treasury, and war
b) Consejo Supremo de Gracia y Justicia [Supreme Council of
Grace and Justice] – given the authority to make decisions and
affirm or disprove the sentences rendered by other courts, and
to dictate rules for the administration of justice;
c) Assamblea de Representantes [Assembly of Representatives] –
to be convened after the revolution to create a new Constitution
and to elect a new Council of Government and Representatives
of the people
1899 Malolos Constitution
• After the truce signing, the revolutionary leaders accepted a
payment from Spain and went in exile in Hong Kong.
• upon the defeat of the Spanish in the battle of Manila Bay[I
May 1898] the US Navy transported Aguinaldo back to the
Philippines
• 12 June 1896 Aguinaldo declared Philippine Independence
along with other decrees that formed the First Philippine
Republic
• Malolos Congress was elected which selected a
commission[made up of wealthy and educated men] to draw up
a draft of a constitution on 17 September 1898
1899 Malolos Constitution
• approved by Congress on 29 November 1898
• promulgated by Aguinaldo on 21 January 1899
• titled “the Philippine Constitution of 1899
• written in Spanish with Felipe Calderon as main author
• patterned after the Spanish Constitution of 1812 and with
influences from charters of Belgium, Mexico, Costa Rica, Brazil,
Nicaragua, and Guatemala and the French Constitution of 1793
because these countries shared similar social, political,
ethnological and governance conditions with the Philippines
1899 Malolos Constitution
• Other constitutional projects also influenced the Malolos Constitution:
- Kartilya and the Sanggunian Hukuman – the charter of laws and
morals of the Katipunan written by Emilio Jacinto in [1896];
- the Biak-na-Bato Constitution of 1987 planned by Isabelo Artacho;
- Mabini’s Constitutional Program of the Philippine Republic of 1898
- the Provisional Constitution of Mariano Ponce in 1898 Mariano
Ponce in 1898 which followed the Spanish Constitutions
- the autonomy projects of Pedro Paterno in 1898
1899 Malolos Constitution: Features
• as a direct challenge to thecolonial authorities of the Spanish empires,
the SOVEREIGNTY was retroverted to the people – a legal principle
underlying the Philippine revolution: detailed the natural rights and
popular sovereignty of Filipinos
• declared that the State recognizes the freedom and equality as well
as the separation of Church and State
• form of government
 was to be popular, representative, alternative and responsible;
 shall exercise three distinct powers: legislative, executive and
judicial
 1899 Malolos Constitution: Legislative
• Was vested in a unicameral body called the Assembly of Representatives body
• members shall be elected for terms of four years
• Secretaries of the government = given seats in the assembly which meets annually for a
period of at least three months
• Bills could be introduced by the president or by a member of the assembly
• a permanent commission of seven – elected by the Assembly and granted specific powers by
the Constitution
• some other powers of the Assembly
 right to select its own officers
 right of censure and interpellation
 right of impeaching the president, cabinet members, the chief justice of the Supreme
Court and the Solicitor – general
1899 Malolos Constitution: Executive
• vested in the President
 who was elected by a constituent assembly of the Assembly
of Representatives and special representatives
 will serve for a term of four years without re-election
• no Vice President
• in case of vacancy, a President is to be selected by the
constitutent assembly
1899 Malolos Constitution: Judiciary
• vested in the Supreme Court
________________________________________________
P.S.
• was never enforced due to the ongoing war[Filipino-American
War]
• Philippines became territory of the United States of America
upon the signing of the Treaty of Paris between Spain and US
transferring sovereignty of the Philippines to US on 10
December 1898
1935: The Commonwealth Constitution
• after the Treaty of Paris the Philippines was subject to the
power of the US, effectively the new colonizer of the country
• from 1898 to 1901 – under American military rule
• two acts of the US that have qualities of constitutionality
 Philippine Organic Act of 1902
 Philippine Autonomy Act of 1916 – also known as Jones
Law
1935: The Commonwealth Constitution
• two acts of the US that have qualities of constitutionality
 Philippine Organic Act of 1902 – first organic act for the
country to provide for the creation of a popularly elected
Philippine Assembly and specified that the Legislative power
would be vested in a bicameral legislature
 Philippine Commission – upper house
 Philippine Assembly – lower house
1935: The Commonwealth Constitution
• Philippine Organic Act of 1902 – first organic act for the
country to provide for the creation of a popularly elected
Philippine Assembly and specified that the Legislative power
would be vested in a bicameral legislature
 Philippine Commission – upper house
 Philippine Assembly – lower house
 Key provision: included
 a Bill of Rights for Filipinos
 the appointment of two non-voting Resident Commissioners
of the Philippines as representatives to the US Congress
1935: The Commonwealth Constitution
• Philippine Autonomy Act of 1916 – also known as Jones
Law
 modified the structure of the Philippine Government
through the removal of the Philippine Commission,
replacing it with Senate which will serve as the upper
house and its members elected by the Filipino voters
 explicitly
 declared the purpose of the USA to end their sovereignty
over the Philippines,
 recognize the Philippine independence as soos as a
stable government can be established
1935: The Commonwealth Constitution
• in 1932, through the efforts of theOsRox mission [Filipino
independence mission] led by Sergio Osmena and Manuel
Roxas, the US Congress passed the Hare-Hawes-Cutting Act
with the premise of granting Philippine independence
 Hare-Hawes-Cutting Act – was opposed by Senate
President Manuel Luis Quezon and consequently opposed
by the Philippine Senate
• In 1934, another law [Tydings-McDuffie Law] was passed by
the US Congress; it was the Philippine Independent Act
1935: The Commonwealth Constitution
• Tydings – MCDuffie Law
passed by the US Congress;
 provided authority and
 defined the mechanisms for the establishment of a formal
constitutional convention whose members will be elected
• members of the Constitutional convention [ConCon] held their
first meeting of the 30th of July 1934 with Claro M. Recto as the
unanimously elected as president of the ConCon.
• the constitution was crafted to meet the approval of the US
government and to ensure that the US would live upo to its
promise to grant the Philippine independence
1935: The Commonwealth Constitution
• created the Commonwealth of the Philippines which was
 an administrative body that governed the Philippines from
1936 to 1946
 a transitional administration to prepare the Philippines
toward its full achievement of independence
 originally provided for a unicameral National Assembly with
a president and a vice president elected for a six-year term
without re-election
 1935: The Commonwealth Constitution
• was amended in 1940 to have the following
 a bicameral Congress composed of a Senate and a House of
Representatives
 the creation of an independent electoral commission
 limited the term of office of the president and vice president to a
four-year term with one re-election
• the right to suffrage originally was afforded to male citizens of the
Philippines who were 21 years oldor over and are able to read and
write
• within two years after the adoption of the Commonwealth Constitution,
the right to suffrage was extended to women
1935: The Commonwealth Constitution
• While the dominant influence in the constitution was American,
it also bears traces of the Malolos Constitution, the German,
Spanish, and Mexican constitutions, and constitutions of several
South American countries and the unwritten English constitution
• draft was approved by the constitutional convention on 8
February 1935 and ratified by the US President Franklin D.
Roosevelt on 25March 1935
1935: The Commonwealth Constitution
• Elections were heal in September 1935 and Manuel L. Quezon
was elected President of the Commonwealth
• was briefly interrupted by the events of World War II with the
Japanese occupying the Philippines
• Afterward, upon liberation, the Philippines as declared an
independent republic on 4 July1946
 1973: Constitutional Authoritarianism
• in 1965, Ferdinand E. Marcos was elected president
• in 1967, Philippine Congress passed a resolution calling for a
constitutional convention [ConCon] to change the 1935 Constitution
• in 1969, Marcos won the reelection in a bid boosted by campaign
overspending and use of government funds.
• elections of delegates to the ConCon was held on 20 November 1970
• Concon formally began on 1 June 1971, with former President Carlos
P. Garcia as elected ConCon President;
• because Garcia died, he was succeeded by another former Philippine
president, Diosdado M. Macapagal
1973: Constitutional Authoritarianism
• Before the ConCon finished its work, Marcos declared martial law
because of a growing communist insurgency
• The President declaring martial law was provided for by the 1935
Constitution
• some delegates of the ConCon were placed behind bars and others
went into hiding or voluntary exile
• with Marcos as a dictator the direction of the ConCon turned, with
accounts that the president himself dictated some provisions of the
constitution, manipulating the document to be able to hold on to
power as long as he can.
• on 29 November 1972, the ConCon approved its proposed
constitution
1973: Constitutional Authoritarianism
• was supposed a parliamentary style of government where
 where legislative power was vested in a unicameral National
Assembly with members being elected for a period of six years
 the president was to be elected as the symbolic head and ceremonial
head of state chosen from the members of the National Assembly
and would serve a six – year term and could be reelected to an
unlimited number of terms
 Executive power was relegated to the Prime Minister who was the
head of government, Commander in Chief of the Armed Force of the
Philippines who was able to be elected from the National Assembly
1973: Constitutional Authoritarianism
• Marcos issued Presidential Decree No. 73 setting the date for
plebiscite to ratify or reject the proposed constitution on 30
November 1972 but was postponed because Marcos feared that the
public might vote to reject the constitution
• Instead of a plebiscite, Citizen Assemblies were held from 10-15
January 1973
• Citizen Assemblies - where citizens coming together and voting by
hand [viva voce] , decided whether to
 ratify the constitution
 suspend the convening of the interim National Assembly
 continue martial law
 place a moratorium on elections for a period of several years
1973: Constitutional Authoritarianism
• on 17January 1973, President Marcos issued a proclamation
announcing that the proposed constitution has been ratified by
an overwhelming vote of the members of the highly irregular
Citizen Assembly
• was amended several time
 in 1976, Citizen Assemblies, once again, overwhelmingly
decided to allow
•
1973: Constitutional Authoritarianism
• was amended several times
 in 1976, Citizen Assemblies, once again, overwhelmingly
 decided to allow the continuation of martial law
 approved the amendments:
 an Interim Batasang Pambansa to substitute for the interim
National Assembly
 the president to become the Prime minister and continue to
exercise legislative powers until martial law is lifted
 authorized the president to legislate on his own on an
emergency basis
 1973: Constitutional Authoritarianism
• other amendments include:
• In 1980, the retirement age of the members of the judiciary was
extended to 70 years
• In 1981
 the parliamentary system was formally modified to a French–style,
semi-Presidential system where executive power was restored to
the president who was once again to be directly elected
 an Executive committee was to be created, composed of the Prime
Minister and fourteen others, will serve as the President’s cabinet
• in 1984, the Executive Committee was abolished and the position of
the vice president was restored
1973: Constitutional Authoritarianism
• After all amendments introduced,
 the 1973 Constitution was merely a way for the President
to keep executive powers, abolish the Senate, and
 by no means, never acted as a parliamentary system;
 instead functioned as an authoritarian presidential system
with all real power concentrated in the hands of the
President, with the backing of the Constitution
1973: Constitutional Authoritarianism
• The situation of the 1908’s have been very turbulent.
 as Marcos amassed power, discontent has also been burgeoning
 in August 1983, Benigno Aquino Jr, opposition leader and regarded as
the most credible alternative to Marcos was assassinated.
 this event [Aquino’s death] caused the coming together of the non-
violent opposition making Marcos call for a “snap” election a year early
 the election was marred by widespread fraud
 despite international condemnation and nationwide protests, Marcos
declared himself winner
 a small group of military rebels[RAM] attempted to stage a coup but
failed; however triggered what came to be known as the EDSA People
Power Revolution in 1986
1973: Constitutional Authoritarianism
• Under the pressure of the US who used to support Marcos and
his martial law, the Marcos family fled into exile
• Corazon Aquino, Benigno Aquino’s widow was installed as
president of the Philippines on 25 February 1986
1987: Constitution After Martial Law
• President Aquino’s government had three options regarding the
constitution:
 revert to the 1935 Constitution;
 retain the 1973 Constitution and be granted the power to
make reforms; or
 start anew and break from the “vestiges of a disgraced
dictatorship”
• opted to make a new constitution that should be “truly
reflective of the aspirations and ideals of the Filipino people
1987: Constitution After Martial Law
• In March 1986, President Cory proclaimed a constitution to
last for a year [Freedom Constitution – the transitional
constitution] while a Constitutional Commission drafted a
permanent Constitution.
• Freedom Constitution: Its features
 maintained many provisions of old one including in
rewritten form the presidential right to rule by decree
• in 1986, a constitutional commission was created, composed
of 48 members appointed by President Aquino from varied
backgrounds and representations
1987: Constitution After Martial Law
• the convention drew up
 a permanent Constitution,
 largely restoring the set-up abolished by Marcos in 1972,
but
 with new ways to keep the president in check, a reaction to
the experience of Marcos rule
• the Constitution was officially adopted on 2 February 1987
1987 Constitution: Provisions
• begins with a preamble and 18 self-contained articles
• established the Philippines as a “democratic republican State”
where “sovereignty resides in the people and all government
authority emanates from them.”
• allocates governmental powers among the executive,
legislative, and judicial branches of the government

•
1987 Constitution: Provisions
Executive branch
• headed by the President and his cabinet whom he appoints
• president and vice president are voted at large by a direct vote, serving for a single 6year term
• President is head of state and the chief executive but his power is limited by significant checks
from the two co-equal branches of government, especially in times of emergency
 In case of national emergency, the president still declares martial law; but not longer than a
period of sixty days
 Congress, through a vote of majority and voting separately can revoke this decision or
extend it for a period that they determine
 Supreme Court may also review the declaration of Martial law and decide if there were
sufficient justifying facts for the act.
 1987 Constitution: Provisions
Legislative Power
• resides in a bicameral Congress: Senate and the House of Representatives
 24 Senators elected at large by popular vote and can serve no more than two
consecutive six year terms
 House of Representatives – composed of district representatives area, representing a
particular geographic and make up around 80% of the total number of representatives
[234 legislative districts] and 20% party list system which provide spaces for participation
of underrepresented community sectors or groups.
• Congress may declare war, through a two-thirds vote in both upper and lower houses
• Power of legislation is subject to an executive check[power to veto by the president] but
Congress may override the veto by a two thirds vote of both houses voting separately.
 1987 Constitution:
1987: Provisions
Constitution After Martial Law
Judicial system: Supreme Court
• Supreme Court and lower courts as created by law.
• is a 15-member court appointed by the President without need to be confirmed by
the Congress
• oversees the functioning and administration of the lower courts and their personnel
• The appointment the President makes is limited to the list of nominees provided by
a constitutionally specified by the Judicial and Bar Council
• may hear, on appeal, any cases
 dealing with the constitutionality of any law, treaty, or decree of the
government
 where the penalty is sufficiently grave
 involving government anf international officials
1987 Constitution: Provisions
Three independent constitutional commissions:
• Civil Service Commission – a central agency in charge of
government personnel
• Commission on Elections – mandated to enforce and
administer all election laws and regulations
• Commission on audit – examines all funds, transactions, an
property accounts of the government and its agencies
 1987 Constitution: Provisions
To further promote the ethical and lawful conduct of the government,
• the office of the Ombudsman = investigate complaints that pertain
to public corruption, unlawful behavior of public officials, and other
public misconduct; charge public officials before the
Sandiganbayan – special court created for that purpose
• Only the House of Representatives can initiate the impeachment of
the president, members of the Supreme Court, and other
constitutionally protected public officials such as the Ombudsman
• The Senate will then try the impeachment case.
 1987 Constitution: Provisions
• Three ways by which the Constitution can be amended: [all
requiring ratification by a majority vote in a national referendum]
a) Constituent Assembly
b) People’s Initiative
c) Constitutional Convention
• Efforts to amend the 1987 Constitution
Efforts to attempt to amend
1st attempt: in 1995 during President Fidel V. Ramos
administration with the Secretary of the National Security
Council Jose Almonte drafted a constitution, but it was
exposed to media and it never prospered
2nd attempt: in 1997, when a group called PIRMA hoped to
gather signatures from voters to change the constitution
through people’s initiative. – contested by Senator Miriam
Defensor Santiago who brought the matter to the Supreme
Court who judged that a people’s initiative cannot push
through without an enabling law
 Efforts to attempt to amend
Succeeding attempts:
a) President Joseph Estrada – formed a study commission to investigate the issue
surrounding charter change focusing on the economic and judiciary provisions; failed
because blocked
b) President Gloria Arroyo – through House Speaker Jose de Venecia who endorsed
constitutional change through a Constituent Assembly
c) President Benigno Aquino III – had no marked interest but Speaker Feliciano
Belmonte Jr attempted to introduce amendments concering economic provisions
d) President Rodrigo Duterte – advocates federalism [a compound mode of government
combining a central or federal government with regional governments in single
political system