In definition, a constitution is that body of rules and maxims in accordance with which the powers of

sovereignty are habitually exercised. The constitution is social contract means that it is where the people
have surrendered their sovereign powers to the state for the common good. The purpose of having a
constitution is to prescribe the permanent framework of a system of a government, to assign to the several
departments their respective powers and duties, and to establish certain first principles on which the
government is founded. This presentation aims to discuss the basic ideas on the history and features of the
different Philippine Constitutions as well as contrast them with each other.
Biak-na-Bato
Aguinaldo established the Biak-na-Bato Republic
establishment of a Supreme Council as the highest governing body
outlined certain basic human rights:
-freedom of religion
-freedom of the press
-right to education
promulgated by the Philippines Revolutionary Government
lasted just over a month, dis-established by a peace treaty between Aguinaldo and Governor General
de Rivera
Goals of the Republic:
- The removal of friars and the return of their lands to the rightful Filipinos
- Representation in the Spanish court
- Freedom of the press and of religious expression
- Equal treatment for peninsulares (those born in Spain) and insulares (those born in the
Philippines) civil servants
- Abolition of the banishment system
- Equality for all people in legal terms
Pact Provisions:
- That Spain should pay 800,000 Mexican dollars to be paid in installments in exchange of exile
for Emilio and his associates
- Payment should be made personally to Emilio, and its use will be totally in the discretion of the
group
- That Spain should give two hostages as collateral until Emilio and his group have arrived in
Hong Kong and until they are paid the first installment
- That the friars should be expelled
- That a time of peace shall be declared until February
Malolos Constitution (1899-1901)
The first Filipino Government was established during the Revolutionary Period by General Emilio Aguinaldo
on May 24, 1898. This was a dictatorial government but it was short-lived because on June 12, 1898,
General Aguinaldo proclaimed Philippine independence in Kawit, Cavite and set up the Revolutionary
Government with him at the helm. On September 15, 1898, the Members of the Congress of the
Revolutionary Government met at Barasoain Church in Malolos, Bulacan, for the main purpose of adopting
a constitution. A Calderon plan for the Constitution was presented. This was approved by General
Aguinaldo on December 23, 1898 and it was promulgated on January 21, 1899.
- The Malolos Constitution recognized that sovereign power was vested in the people. It acknowledged the
separation of powers and contained a bill of rights.
- The executive power was vested in the President of the Republic who was to elected by the Assembly of
Representatives sitting at as a Constituent Assembly.
- The legislative power was vested in the unicameral assembly of Representatives whose members were
to be elected for a term of four years.
What distinguishes the Malolos Constitution from other constitutions is the supremacy of the legislative
branch. Calderon, who had a mortal fear of the executive and the military around him, who, he thought,
might abuse their powers, insisted on the wide legislative powers in order to counteract those of the

executive.
The Malolos Constitution based on the Calderon plan was not enforced. It, however, indicated the
willingness and capacity of the Filipino people to respect a fundamental law.
1935 Constitution (1935-1943)
The United States acquired the Philippines from Spain because of the war and treaty-making powers of the
Congress of the United States. The Spanish government could validly transfer title over Philippine territory
because Spain acquired the Philippine Archipelago by virtue of discovery and occupation for a period over
three centuries.
The Americans first organized a military government, but the consolidation of executive, legislative and
judicial authority in the military governor provoked protests. As a result, steps were taken for the transition
from military to civilian rule.
General features:
- The 1935 Constitution was first amended in 1939 and then in 1940, which changed Presidents and Vice
Presidents term from six to four years, but no person shall serve as President for more than 8 years.
- It changed the unicameral to a bicameral legislature.
- Established an independent Commission on Elections
- It allowed the Americans, for a period of twenty-five years, the same priveleges as Filipinos in the
utilization and exploitation of natural resources in the Philippines.
- During the American regime, the Philippines was considered an unincorporated territory of the United
States

The Tydings-Mcduffie Act of 1934 provided for the establishment of the Commonwealth Government
and likewise provided for the calling of a constitutional convention for the drafting of the Philippine
Constitution. This promised independence to the Filipinos if they could prove their capacity for democratic
government during a ten-year transition period.

1943 Constitution (1943-1945)

On September 4, 1943, the Japanese-sponsored 1943 Constitution was signed and ratified in a general
assembly two days later by 117 members of the Kapisanan sa Paglilingkod sa Bagong Pilipinas (KALIBAPI),
the only political organization allowed during the Japanese occupation.Hence, the Second Republic (19431945) was formally proclaimed, with Jos P. Laurel Sr. appointed as President and inaugurated into office in
October 1943. Laurel was highly regarded by the Japanese for having openly criticized the United States
for the way it ran the Philippines, and because he had a degree from Tokyo International University.

Accordingly, the 1943 Constitution 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.
-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 Philippines Armed Forces. A president is elected form 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 fourteen justices.
- This Constitution retains the independence of the Commission on Elections and establishes two
independent constitution all bodies (Civil Service Commision and the Commision on Audit) as well as the
the National Economic Development Authority (NEDA).

1973 Constitution (1973-1986)

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."

After the United States formally withdrew its sovereignty over the Philippines, President Manuel A. Roxas
asserted the freedom of the Filipino people and proclaimed the Republic of the Philippines.
The Republic of the Philippines was to pursue an erratic course that was ultimately to transform it into a
near-anarchic system. Conditions continued to deteriorate until the pent-up resentments of the people
erupted in a number of mass demonstrations, some of them violent, and the so-called parliament of the
streets organized particularly by the student groups.
It was at the height of this unrest that the Constitutional convention of 1971 was convoked and started
deliberations on the revision of the 1935 Constitution and the fashioning of the Constitution of 1973.
On September 21, 1972, President Ferdinand E. Marcos issued Proclamation No. 1081, placing the entire
Philippines under Martial Law. Shortly thereafter, on November 30, 1972, the draft of the 1973 Constitution
was formally approved by the Constitutional Convention and was submitted to the Citizens Assemblies for
ratification. On January 17, 1973, President Marcos issued Proclamation No, 1102, in which he announced
that the Constitution of 1973 had been ratified by an overwhelming majority of the people and had thus
become effective.
The issue of the validity of the 1973 Constitution was later raised in what are known as the Ratification
Cases which were dismissed by the Supreme Court. The fate of the nation under the 1973 Constitution was
rather shaky under the imperial presidency of Marcos who fell out of power after that famous Edsa
Revolution of 1986.
1986-87 Constitution
After Marcos was ousted, one of the first acts of the Corazon Aquino as the new president was the
promulgation of a Provisional or Freedom Constitution, which was to be in force pending the adoption of a
new Constitution to be drafted by a Constitutional Commission, which she also created. This provisional
constitution pended the drafting of a permanent constitution aimed at correcting the shortcomings of the
previous constitutions and specifically elimination all the unjust vestiges of the past regime.
President Corazon Aquino, through Proclamation No. 9, created a Constitutional Commission she appointed
herself. This was composed of fifty members coming from various sectors and represented diverse
persuasions, which is probably one reason why they could not meet their deadline and were able to
approve the final draft of their handiwork only on October 15, 1986. By resolution of the Commission, it
was recommended to the President that the plebiscite on the proposed Constitution be scheduled, not
within sixty days as originally provided, but within three months, to give the people more opportunity to
study it.
The campaign for the ratification of the proposed constitution was led by President Aquino herself, whose
main argument was that it would restrict the powers of the Presidency as provided for in the Freedom
Constitution. Many people, while doubtful about some of its provisions and especially of its length, which
made it seem like a codification, nevertheless approved the proposed constitution in the end because they

felt it would provide the stability the country sorely needed at that time. When the votes were tallied, it
appeared that 76.29% of the electorate voted to ratify, with only 22.4% against.
General Features:
- Many of the original provisions of the 1935 have been restored because of the revival of the bicameral
Congress of the Philippines and the strictly presidential system.
- The independence of the judiciary has been strengthened
- The bill of rights of the Commonwealth and Marcos Constitution has been considerably improved
- The most notable flaw of the new charter is its verbosity and consequent wordiness that have dampened
popular interest in what should be the common concern of the whole nation. The sheer length of the
document has discouraged the people from reading it.
* In some portions, the new Constitution sounds like a political speech rather that a formal document
stating only basic precepts.
* There is an inclusion of certain topics that are, certainly, by any criterion, have no place in a Constitution.
Among these are sports, love, drugs, and even advertising.
* Presidential Proclamation No. 3, nicknamed the "1986 Freedom Constitution" was the most far
reaching set of amendments to the 1973 constitution that it was almost a constitution in its own right.
* However, it is really a large set of amendments which superseded and abolished certain provisions from
the constitution.
* It granted the President certain powers to remove officials from office, reorganise the government and
hold a new constitutional convention to draft a new constitution.
The 1987 Constitution
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.
Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the head of
the state and the chief executive, but he is subject to significant checks from the other branches,
especially in times of emergency, which, given the history of the country, was obviously intended to be a
safeguard against a repeat of Marcos martial law despotism. For example, in cases of national emergency,
the President can still declare martial law, but not for a period longer than 60 days. Congress can revoke
this decision by a majority vote, or it can also extend it for a period to be determined by the Congress.
Additionally, the Supreme Court can review the declaration to decide if there were sufficient facts to justify
martial law. The President can grant pardons and amnesty. He is also empowered to make or accept
foreign loans. He cannot, however, enter into treaties without the consent of the Senate. The President and
Vice-President are elected at large by a direct vote, but the President may only serve one 6-year term. The

Cabinet, consisting of the Presidents advisers and heads of departments, is appointed by the President
and it assists him in his governance functions.
Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House
of Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve no
more than two consecutive 6-year terms. The House is composed of 250 elected members. Most of these
Representatives are elected by district for 3-year terms, but 20% of the total membership is chosen in
proportion to party representation. Besides the exclusive power to legislate, one of the most important
powers of Congress is the ability to declare war, which it can through a two-thirds vote in both houses.
Even the power to legislate, however, is subject to an executive check. The President retains the power to
veto a bill passed by both houses, and Congress may override this veto only with a two-thirds vote in both
houses.
Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a
Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by
the President without need for confirmation by Congress. Appointment, however, is limited to a list of
nominees presented to the President by a constitutionally-specified Judicial and Bar Council. This Council
consists of 7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a representative
from Congress, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme
Court, and a representative of the private sector. The first four serve for four years, the law professor for
three, the retired Justice for two, and the private sector representative for one year. The Supreme Court
Justices may hear, on appeal, any cases dealing with the constitutionality of any law, treaty, or decree of
the government, cases where questions of jurisdiction or judicial error are concerned, or cases where the
penalty is sufficiently grave. It may also exercise original jurisdiction over cases involving government or
international officials. The Supreme Court also is charged with overseeing the functioning and
administration of the lower courts and their personnel.