PHILIPPINE CONSTITUTION

The Philippines has had a total of six constitutions since the Proclamation of Independence on June 12, 1898. In 1899, the Malolos Constitution, the
first Philippine Constitution—the first republican constitution in Asia—was drafted and adopted by the First Philippine Republic, which lasted from
1899 to 1901.

During the American Occupation, the Philippines was governed by the laws of the United States of America. Organic Acts were passed by the
United States Congress for the administration of the Government of the Philippine Islands. The first was the Philippine Organic Act of 1902, which
provided for a Philippine Assembly composed of Filipino citizens. The second was the Philippine Autonomy Act of 1916, which included the first
pledge of Philippine independence. These laws served as constitutions of the Philippines from 1902 to 1935.

In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters for the creation of a constitution for the
Philippines. The Act mandated the Philippine Legislature to call for an election of delegates to a Constitutional Convention to draft a Constitution for
the Philippines. The 1934 Constitutional Convention finished its work on February 8, 1935. The Constitution was submitted to the President of the
United States for certification on March 25, 1935. It was in accordance with the Philippine Independence Act of 1934. The 1935 Constitution was
ratified by the Filipino people through a national plebiscite, on May 14, 1935 and came into full force and effect on November 15, 1935 with the
inauguration of the Commonwealth of the Philippines. Among its provisions was that it would remain the constitution of the Republic of the
Philippines once independence was granted on July 4, 1946.

In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines. The legislature was changed from a unicameral assembly
to a bicameral congress. The amendment also changed the term limit of the President of the Philippines from six years with no reelection to four
years with a possibility of being reelected for a second term.

During World War II the Japanese-sponsored government nullified the 1935 Constitution and appointed Preparatory Committee on Philippine
Independence to replace it. The 1943 Constitution was used by the Second Republic with Jose P. Laurel as President.

Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect. The Constitution remained unaltered until 1947 when the
Philippine Congress called for its amendment through Commonwealth Act No. 733. On March 11, 1947 the Parity amendment gave United States
citizens equal rights with Filipino citizens to develop natural resources in the country and operate public utilities. The Constitution, thereafter,
remained the same until the declaration of martial law on September 23, 1972.

Before President Marcos declared Martial Law, a Constitutional Convention was already in the process of deliberating on amending or revising the
1935 Constitution. They finished their work and submitted it to President Marcos on December 1, 1972. President Marcos submitted it for
ratification in early January of 1973. Foreseeing that a direct ratification of the constitution was bound to fail, Marcos issued Presidential Decree No.
86, s. 1972, creating citizens assemblies to ratify the newly drafted constitution by means of a Viva Voce vote in place of secret ballots. Marcos
announced that it had been ratified and in full force and effect on January 17, 1973. Although the 1973 Constitution had been “ratified” in this
manner, opposition against it continued. Chief Justice Roberto V. Concepcion in his dissenting opinion in the case of Javellana v. Executive
Secretary, exposed the fraud that happened during the citizen’s assembly ratification of the 1973 Constitution on January, 10 – 15, 1973. However,
the final decision of this case was that the ratification of the 1973 Constitution was valid and was in force.

When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3, suspending certain provisions of the 1973
Constitution and promulgating in its stead a transitory constitution. A month later, President Aquino issued Proclamation No. 9, s. 1986, which
created a Constitutional Commission tasked with writing a new charter to replace the 1973 Constitution. The commission finished its work at 12:28
a.m. of October 16, 1986. National Plebiscite was held on February 2, 1987, ratifying the new constitution. On February 11, 1987, by virtue of
Proclamation No. 58, President Aquino announced the official canvassing of results and the ratification of the draft constitution. The 1987
Constitution finally came into full force and effect that same day with the President, other civilian officials, and members of the Armed Forces
swearing allegiance to the new charter.

MALOLOS CONSTITUTION (1899-1901)

The Malolos constitution is the first important Filipino document ever produced by the people's representatives. It is anchored in democratic traditions that ultimately
had their roots in American soil. It created a Filipino state whose government was "popular, representative and responsible" with three distinct branches -- the
executive, the legislative and the judicial. The constitution specifically provided for safeguards against abuses, and enumerated the national and individual rights not
only of the Filipinos and of the aliens.

The legislative powers were exercised by the Assembly of Representatives composed of delegates elected according to law. To make the function of Congress
continuous, the document provided for a Permanent Commission which would sit as a law-making body when Congress was not in session. The assembly elected the
President of the Republic. The Cabinet, composed of the Secretaries of the different Departments of the government, was responsible not to the President, but to the
Assembly. The administration of justice was vested in the Supreme Court and in inferior courts to be established according to law. The Chief Justice of the Supreme
Court was to be elected by the Assembly with the concurrence of the President and the Cabinet.

The constitution as a whole is a monument to the capacity of the Filipinos to chart their own course along democratic lines. In a period of storm and stress, it
symbolized the ideals of a people who had emerged from the Dark Ages into the Light of Reason.
In accordance with the decrees of June 18 and 23, 1898, Aguinaldo convoked the Revolutionary Congress at Barasoain, Malolos. Peace and order conditions in some
provinces were such that Aguinaldo was compelled to appoint their delegates to Congress. Consequently, on September 4, he appointed fifty delegates to the Congress.
This number was increased by ten on September 10. The number of delegates to the Congress fluctuated from time to time.

In the morning of September 15, the basilica at Barasoain was filled with delegates and spectators. Outside, the Banda Pasig played the National Anthem. When
Aguinaldo and his officers arrived, the delegates, the cream of the Filipino intelligentsia, spread out to give way to the President. With the President seated, the
secretary read the names of the delegates, after which Aguinaldo was introduced. Cries of "Viva!" reverberated and Aguinaldo acknowledged the applause of the
throng. Then he stood up and read his message, first in Tagalog, then in Spanish. A round of applause followed Aguinaldo's speech, which Felipe Buencamino wrote.
Aguinaldo then announced that the ceremonies were over and that Congress was to convene after electing its officers.

In the afternoon, the Congress proceeded to elect its officers, namely, Pedro A. Paterno, President; Benito Legarda, Vice-President; Gregorio Araneta, First Secretary;
and Pablo Ocampo, Second Secretary.

The first significant act of the Congress was the ratification on September 29, of the independence proclaimed at Kawit on June 12, 1898. Aguinaldo, whose office and
official residence were located at the convent of Malolos Church, arrived at Barasoain, where Congress was holding its sessions, amidst the "vociferous acclamations of
he people and strains of music." The ceremonies began at 10:30am and Aguinaldo, after congratulating Paterno for having been elected to the presidency of Congress,
partly said in Tagalog:
“Now we witness the truth of what the famous President Monroe said to the effect that the United States was for the Americans; now I say that the Philippines is for the
Filipinos.”

A committee to draft the constitution was created with Felipe G. Calderon as its most prominent member. Having set Mabini's Constitutional Program aside, the
committee, under the influence of Calderon, also set aside, but in a subtle manner, Paterno's constitutional plan, which smelled strongly of the Spanish Constitution of
1869. With the advise of Cayetano Arellano, a brilliant but unreconstructed mestizo, Calderon drew up his plans for a constitution, deriving inspiration from the
constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil and France. In the session of Oct 8, Calderon presented the draft of this constitution.

A few other amendments were inserted in the draft constitution before it was sent to Aguinaldo for approval.

1935 PHILIPPINE CONSTITUTION (1935-1943, 1945-1973)

The Constitution, whether written or unwritten is recognized as the supreme law of the land as it serves as the basis for the legitimacy of any governmental acts
necessary for its existence. It is a codified law that determines the powers and duties of a government and it embodies certain rights of the people.

Right after the signing of the Treaty of Paris in Washington D.C in 1898 that ceded the Philippines to the US paying the amount of $20, 000, 000 to Spain in the
process, and the eruption of Filipino-American War in 1899, our country was placed under a military government until 1901 with the passing of the Spooner
Amendment, putting an end to the military rule in the Philippines and replacing it with a civil government with William H. Taft as the first civil governor. The
ratification of the Philippine Bill of 1902, which called for the creation of a lower legislative branch composed of elected Filipino legislators, and the Jones Law in
August 1916 gave the Filipinos the opportunity to govern themselves better. The First Philippine Assembly, which convened on October 16, 1907, was composed of
educated Filipinos from illustrious clans such as Sergio Osmeña and Manuel L. Quezon, who revived the issue of immediate independence for the Filipinos and this
was expressed by sending political missions to the US Congress.

Controversy divided the Philippine legislature with the debate on the acceptance or rejection of the Hare-Hawes-Cutting Bill brought home by Osmeña-Roxas
mission from the US Congress in 1931, which provided for a 10-year transition period before the granting of Philippine independence. The passage of the independence
bill resulted in the splitting of the Democrata Party and Nacionalista Party into two factions; the Pros and Antis. Majority in the legislature led by Quezon and Recto
rejected the said bill, thereby composing the Antis, while the Pros became the Minority under Osmena, Roxas and others.

On October 17, 1933, Quezon and others triumphed in this battle as the Philippine legislature rejected the bill. Quezon eventually brought in from the United States the
Tydings-McDuffie Act (Public Law 73-127) authored by Sen. Millard Tydings and Rep. John McDuffie, a slightly amended version of the Hare-Hawes-Cutting bill
signed by President Franklin Roosevelt on March 24, 1934. The bill set July 4 after the tenth year of the commonwealth as date of Philippine independence. This was
accepted by the Philippine Legislature on May 1, 1934.

The organization of constitutional Convention that would draw up the fundamental law of the land based on the American model was one of the salient provisions
of the Tydings-McDuffie Act. Delegates to the convention were subsequently elected in 1934. In the first meeting held on July 30 at the session of the House of
Representatives, Claro M. Recto was unanimously elected as its President.

Salient features of the 1935 Constitution include the following: a bicameral legislature composed of a senate and House of Representatives. The President is to be
elected to a four-year term together with the Vice-President without re-election; rights of suffrage by male citizens of the Philippines who are twenty-one years of age
or over and are able to read and write; extension of the right of suffrage to women within two years after the adoption of the constitution.

The draft of the constitution was approved by the convention on February 8, 1935 and ratified by Pres. Roosevelt in Washington D.C on March 25, 1935. Elections
were held in September 1935, Manuel L. Quezon was elected as the president of the Commonwealth. The 1935 Constitution provided the legal basis of the
Commonwealth Government which was considered a transition government before the granting of the Philippine independence with American-inspired constitution;
the Philippine government would eventually pattern its government system after American government. It has been said that the 1935 Constitution was the best-written
Philippine charter ever.
1943 PHILIPPINE CONSTITUTION (1943-1945)
The 1943 Constitution of the Republic of the Philippines, composed of a preamble and twelve articles, creates a Republican state with a powerful executive branch and
subordinate legislative and judicial branches.

The executive power is vested in the President, who is to be elected by the members of the National Assembly from among themselves. The President is the head of
government, and commander-in-chief of the Armed Forces. The powers of the President are: to veto any bill of the Assembly, to promulgate regulations when the
Assembly is not in session and in times of war or national emergency, to declare martial law, to suspend the privilege of the writ of habeas corpus, and to appoint the
members of the Council of State and officials of the local government.

A limited legislative power is exercised by the unicameral National Assembly whose members, like the President, are not directly elected by the people. Rather, the
Assembly is to be composed of representatives from each province elected in Kalibapi conventions throughout the country with appointed governors and mayors as ex-
officio members.

The judicial power is exercised by the Supreme Court whose justices, together with judges of lower courts, are to be appointed by the President. The 1943 Constitution
enumerates the duties and rights of the citizens, requires the government to develop Tagalog as the national language, and stipulates that one year after the termination
of the Great East Asia War or the World War II; a new constitution shall be formulated and adopted to replace this Constitution.

The 1943 Constitution was the constitution of the Japanese-sponsored Second Republic of the Philippines (1943-1945). It was recognized as legitimate and binding
only in Japanese-controlled areas of the Philippines but was ignored by the United States government and the Philippine Commonwealth government in-exile. In June
1943, the Preparatory Commission for Philippine Independence (PCPI), composed of 20 delegates, was created to draft a new constitution by the Kalibapi [Kapisanan
sa Paglilingkod sa Bagong Pilipinas], the only political organization allowed at that time.

The Japanese monitored the drafting of the constitution and instructed the members of PCPI, led by Jose P. Laurel, that the constitution should conform with the
principles of the Greater East Asia Co-Prosperity Sphere. In September 1943, the draft constitution was unanimously approved by all members of the PCPI and was
submitted for ratification in a popular convention of the Kalibapi in Manila.

1973 PHILIPPINE CONSTITUTION (1973-1986)

The 1973 Constitution, composed of a preamble and 17 articles, provides for the shift from presidential to parliamentary system of government. The Constitution vests
the legislative power in the National Assembly. A Prime Minister is elected from among the members of the National Assembly and serves as the head of government
and commander-in-chief of the Philippine Armed Forces. A President is elected from among the members of the National Assembly and serves as the symbolic head of
state with a six-year term. The judicial power is vested in the Supreme Court, composed of a Chief Justice and 14 Justices.

The National Assembly exercises the power to define, prescribe and apportion the jurisdiction of the lower courts. All justices of the Supreme Court and judges of the
lower courts are appointed by the Prime Minister. This Constitution retains the independence of the Commission on Elections and establishes two independent
Constitution al bodies [Civil Service Commission and the Commission on Audit] as well as the National Economic Development Authority [NEDA].

On 24 August 1970, Congress enacted RA No. 6132, otherwise known as the Constitutional Convention Act, for the purpose of convening a Constitution al
Convention. The 320 delegates met from June 1971 until 30 November 1972, when they approved the draft of the new Charter. While in the process of drafting a new
Constitution, President Ferdinand Marcos declared Martial Law on 21 September 1972. The draft Constitution was submitted to the Citizen's Assemblies from January
10 to 17, 1973 for ratification.

On 17 January 1973, President Marcos issued Proclamation No. 1102, announcing the ratification of the Constitution of the Republic of the Philippines. The above
constitution was amended in 1976, 1980 and in 1981. There were minor amendments done in 1984. The text provided here incorporates these amendments.

1987 PHILIPPINE CONSTITUTION (1987-Present)

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people for so long. In March, she issued a unilateral proclamation
establishing a provisional constitution. This constitution gave the President broad powers and great authority, but Aquino promised to use them only to restore
democracy under a new constitution. This new constitution was drafted in 133 days by an appointed Constitutional Commission of 48 members and ratified by the
people in a plebiscite held on February 2, 1987. It was largely modelled on the American Constitution which had so greatly influenced the 1935 Constitution, but it also
incorporated Roman, Spanish, and Anglo law.

The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive, a
bicameral Legislature, and the Judiciary. There were three independent constitutional commissions as well: the Commission on Audit, the Civil Service Commission,
and the Commission on Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil and and political rights, and it provided
for free, fair, and periodic elections. In comparison with the weak document that had given Marcos a legal fiction behind which to hide, this Constitution seemed ideal
to many Filipinos emerging from 20 years of political repression and oppression.
FAST FACTS
MANILA, Philippines – Did you know that for every change in the constitution in the Philippines, the President released a proclamation to commemorate the date
when the new charter took effect? This day is called Constitution Day.

Of all the constitutional changes the country went through, it's only the 1943 Constitution which did not have a corresponding proclamation.

President Corazon C. Aquino, through Proclamation No. 211 of 1988, assigned February 2 of each year as Constitution Day to mark the new 1987 Constitution.

How well do you know the supreme law of the land? We're listing down some vital information concerning one of the country's most important legal documents.

The Philippines has had 6 constitutions

The 5 constitutions started with the country's independence in 1898:

The 1899 Malolos Constitution (1899-1901)

The 1935 Constitution (1935-1943, 1945-1973)
The 1943 Constitution (1943-1945)
The 1973 Constitution (1973-1986)
The 1987 Constitution (1987-present)
The 1973 Constitution, according to former Aquino spokesman Teodoro Locsin Jr, was never ratified as the process conducted by then president Ferdinand Marcos Jr
met strong opposition.

The Aquino government had 3 options with regard to the law of the land:

To revert to the 1935 Constitution. But because Marcos abolished the bicameral legislature they had to resort to general elections.
To retain the 1973 Constitution and be granted the power to make reforms. This was shot down by Aquino as "she did not want to derive legitimacy and power from
the very institutions that she fought."
To start anew and break from the "vestiges of a disgraced dictatorship."

The 1986 Constitutional Commission drafted the Philippine Constitution we now know
President Corazon Aquino in April 1986 created – through Proclamation No. 9 – the 1986 Constitutional Commission (ConCom), which was responsible for drafting a
replacement for the 1973 Constitution.

The new constitution, she said, should be “truly reflective of the aspirations and ideals of the Filipino people.”

The 1986 ConCom was composed of 48 individuals who represented all sectors in the country, including, among others, Bishop Teodoro Bacani, former Supreme
Court chief justice Roberto Concepcion, former labor minister (and eventually senator and foreign affairs secretary) Blas Ople, Ateneo De Manila University president
Father Joaquin Bernas SJ, and University of the Philippines Student Council Chairperson (now Commission on Human Rights chair) Chito Gascon.

The first session of the commission was held on June 2, 1986 when Cecilia Muñoz-Palma, the first woman appointed to the Supreme Court in 1973, was elected
president of ConCom.

Several issues were the subject of heated discussions within ConCom

The proceedings in relation to the drafting of the 1987 Philippine Constitution – just like other important legal documents in the country – were in no doubt not without
conflict.

According to accounts, members of the ConCom engaged in heated debates during the various sessions on many issues, including the death penalty, economic policies,
land reform, form of government, and even the retention of American military bases in Clark and Subic, among others.

The ConCom was able to finish its work after more or less 111 days, according to Palma. On October 12, 1986, the draft constitution was passed – with 44 delegates
voting for it and two against – and was presented to Aquino 3 days after.

More than ¾ of votes were in favor of the ratification of the 1987 Philippine Constitution
On February 2, 1987, a National Plebiscite was held after a nationwide information campaign on the draft constitution.

The question voters had to answer was: "Do you vote for the ratification of the proposed Constitution of the Republic of the Philippines with the ordinance appended
thereto?"

The results of the 1987 plebiscite canvassed by the Commission on Elections based on returns from 83,288 precincts – or a total of 21,785,216 votes

On February 11, 1987, through Proclamation No. 58, Aquino announced the results of the plebiscite and proclaimed the 1987 Philippine Constitution ratified. It took
effect the same day.