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History of Philippine Constitutions politically immature and hence unready for full, real

independence.
Malolos Congress
The Preamble reads:
It is known as the La Constitución política de Malolos
"The Filipino people, imploring the aid of Divine
and was written in Spanish. Following the
Providence, in order to establish a government
declaration of independence from Spain by the
that shall embody their ideals, conserve and
Revolutionary Government, a congress was held in
develop the patrimony of the nation, promote
Malolos, Bulacan in 1899 to draw up a constitution.
the general welfare, and secure to themselves
It was the first republican constitution in Asia. The
and their posterity the blessings of
document declares that the people have exclusive independence under a regime of justice,
sovereignty. It states basic civil rights, the liberty, and democracy, do ordain and
separation of church and state, and calls for the promulgate this constitution."
creation of an Assembly of Representatives which
would act as the legislative body. It also calls for a The original 1935 Constitution provides, inter alia,
Presidential form of government with the president for a unicameral Legislature and a single six-year
elected for a term of four years by a majority of the term for the President. It was amended in 1940 to
Assembly. The Malolos Constitution established have a bicameral Congress composed of a Senate
Spanish as the official language of the Philippines. and House of Representatives, as well the creation
of an independent Commission on Elections. The
The Preamble reads: Constitution limited the President to a four-year
term with a maximum of two consecutive terms in
"Nosotros los Representantes del Pueblo
office. A Constitutional Convention was held in 1971
Filipino, convocados legítimamente para
to rewrite the 1935 Constitution. The convention
establecer la justicia, proveer a la defensa
was stained with manifest bribery and corruption.
común, promover el bien general y asegurar
los beneficios de la libertad, implorando el Possibly the most controversial issue was removing
auxilió del Soberano Legislador del Universo the presidential term limit so that Ferdinand
para alcanzar estos fines, hemos votado, E.Marcos could seek election for a third term, which
decretado y sancionado la siguiente" many felt was the true reason for which the
convention was called. In any case, the 1935
(We, the Representatives of the Filipino people, Constitution was suspended in 1972 with Marcos'
lawfully convened, in order to establish justice, proclamation of martial law, the rampant corruption
provide for common defense, promote the general of the constitutional process providing him with one
welfare, and insure the benefits of liberty, imploring of his major premises for doing so.
the aid of the Sovereign Legislator of the Universe
for the attainment of these ends, have voted, Second Republic (1943)
decreed, and sanctioned the following)
The 1943 Constitution of the Republic of the
Commonwealth and Third Republic (1935) Philippines was drafted by a committee appointed
by the Philippine Executive Commission, the body
23 March 1935: Seated, left to right: George H. established by the Japanese to administer the
Dern , Secretary of War; President Franklin D. Philippines in lieu of the Commonwealth of the
Roosevelt, signing the Constitution of the Philippines which had established a government-in-
Commonwealth of the Philippines; Manuel L.Quezon, exile. In mid-1942, Japanese Premier Hideki Tojo
President, Philippine Senate
had promised the Filipinos "the honor of
independence" which meant that the commission
The 1935 Constitution of the Philippines was
would be supplanted by a formal republic.
written in 1934, approved and adopted by the
Commonwealth of the Philippines (1935-1946) and
The Philippine Independence Committee tasked
later used by the Third Republic of the Philippines
with drafting a new constitution was composed, in
(1946-1972). It was written with an eye to meeting
large part, of members of the pre-war National
the approval of the United States Government as
Assembly and of individuals with experience as
well, so as to ensure that the U.S. would live up to
delegates to the convention that had drafted the
its promise to grant the Philippines independence
1935 Constitution. Their draft for the republic to be
and not have a premise to hold on to its
established under the Japanese Occupation,
"possession" on the grounds that it was too
however, would be limited in duration, provide for
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indirect, instead of direct, legislative elections, and independence, and in order to establish a
an even stronger executive branch. government that shall promote the general
welfare, conserve and develop the patrimony
Upon approval of the draft by the Committee, the of the Nation, and contribute to the creation of
new charter was ratified in 1943 by an assembly of a world order based on peace, liberty, and
appointed, provincial representatives of the moral justice, do ordain this Constitution."
KALIBAPI, the organization established by the
Japanese to supplant all previous political parties. The 1943 Constitution provided strong executive
Upon ratification by the Kalibapi assembly, the powers. The Legislature consisted of a unicameral
Second Republic was formally proclaimed (1943- National Assembly and only those considered as
1945). José P. Laurel was appointed as President by anti-US could stand for election, although in practice
the National Assembly and inaugurated into office in most legislators were appointed rather than elected.
October of 1943. Laurel was highly regarded by the
Fourth Republic (1973)
Japanese for having openly criticized the U.S. for the
way they ran the Philippines and because he had a The 1973 Constitution of the Republic of the
degree from Tokyo International University. Philippines, promulgated after Marcos' declaration
of martial law, provides for a parliamentary form of
The 1943 Constitution remained in force in
government. Legislative power was vested in a
Japanese-controlled areas of the Philippines, but was
National Assembly whose members were elected for
never recognized as legitimate or binding by the
six-year terms. The President was elected as the
governments of the United States or of the
symbolic head of state from the Members of the
Commonwealth of the Philippines and guerrilla
National Assembly for a six-year term and could be
organizations loyal to them. In late 1944, President
re-elected to an unlimited number of terms. Upon
Laurel declared that a state of war existed with the
election, the President ceased to be a member of
United States and the British Empire and proclaimed
the National Assembly. During his term, the
martial law, essentially ruling by decree. His
President was not allowed to be a member of a
government in turn went into exile in December,
political party or hold any other office. Executive
1944, first to Taiwan and then Japan. After the
power was exercised by the Prime Minister who was
announcement of Japan's surrender, Laurel formally
also elected from the Members of the National
proclaimed the Second Republic as dissolved.
Assembly. The Prime Minister was the head of
Until the 1960s, the Second Republic, and its government and Commander-in-Chief of the armed
officers, were not viewed as legitimate or as having forces. This constitution was subsequently amended
any standing, with the exception of the Supreme three times.
Court whose decisions, limited to reviews of criminal
On 22 September 1976, President Marcos issued
and commercial cases as part of a policy of
Presidential Decree No. 1033 proposing
discretion by Chief Justice Jose Yulo continued to
amendments to the Constitution, which was later on
be part of the official records (this was made easier
ratified and included in the 1973 Constitution. The
by the Commonwealth never constituting a
amendments provide, among other things, for the
Supreme Court, and the formal vacancy in the chief
replacement of the National Assembly by the
justice position for the Commonwealth with the
Batasang Pambansa . It also states that the
execution of Jose Abad Santos by the Japanese). It
incumbent President of the Philippines shall be the
was only during the Macapagal administration that a
Prime Minister, and shall continue to exercise
partial, political rehabilitation of the Japanese-era
legislative powers until Martial Law has been lifted.
republic took place, with the recognition of Laurel as
Amendments were done again in 1981 which re-
a former president and the addition of his cabinet
established a parliamentary form of government
and other officials to the roster of past government
with a president elected by direct vote of the
officials. However, the 1943 charter was not taught
people. In reality, these amendments had little
in schools and the laws of the 1943-44 National
effect at the time due to the ongoing Marcos
Assembly never recognized as valid or relevant.
dictatorship; however, Marcos did, at least in name,
The Preamble reads: dissolve martial law at about this time and conduct
(highly questionable) elections, which he
"The Filipino people, imploring the aid of Divine unsurprisingly "won". Presidential Proclamation No.
Providence and desiring to lead a free national 3, popularly known as the 1986 Provisional Freedom
existence, do hereby proclaim their Constitution, was the most far reaching set of

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amendments to the 1973 constitution that it was against Spain. It provides that the Supreme Council,
almost a constitution in its own right. However, it is vested with the supreme power of government,
really a large set of amendments which superseded shall conduct foreign relations, war, the interior, and
and abolished certain provisions from the the treasury.
constitution. It granted the President certain powers
to remove officials from office, reorganize the The 1899 Political Constitution of the Republic,
government and hold a new constitutional known as the Malolos Constitution, was approved by
convention to draft a new constitution. President Emilio Aguinaldo on January 21, 1899 and
served as the Constitution of the First Philippine
Following the EDSA People Power Revolution that Republic. It provides for a parliamentary form of
removed President Ferdinand E.Marcos from office, government, but the President, and not a Prime
the new President, Corazon C. Aquino issued Minister, acts as the head of government.
Proclamation No. 3 and the adoption of a provisional Legislative power is exercised by the Assembly of
constitution that would prepare for the next Representatives of the Nation, and judicial power is
constitution which became the 1987 constitution. lodge in a Supreme Court.

The Philippine Constitution The 1935 Constitution of the Philippines,


ratified on May 17, 1935, establishes the
The Constitution of the Republic of the Commonwealth of the Philippines, defining its
Philippines (In Filipino: Ang Konstitusyon ng powers, composition and organization as it function
Republika ng Pilipinas), ratified on February 2, 1987, as the Government of the Philippine Islands. It is
is the fourth fundamental law to govern the based on the principle of separation of powers
Philippines since it became independent on July 4, among the three branches of government.
1946. First, the 1935 Constitution, which became Executive power is vested in the President and shall
fully operational after the Inauguration of the Third serve for a single-six year term. Legislative power is
Philippine Republic. Second, the 1973 Constitution, vested in a unicameral National Assembly, and
which was promulgated during Martial Law and judicial power is exercised by the Supreme Court. It
became fully operational only after the lifting of also provides that upon proclamation of Philippine
Martial Law in 1981. Third, the 1986 Provisional Independence, the Commonwealth of the Philippines
"Freedom" Constitution, which was promulgated on shall be known as the Republic of the Philippines.
March 25 by President Corazon C. Aquino after the
successful People Power Revolution in 1986. The 1939 Amendment -- The amendments
liberalized all laws and made few changes on the
Importance of the Study economic provisions of the Tydings-Mcduffie Law.

The Constitution of the Republic of the The 1940 Amendments -- The amendments, by
Philippines provides that "(1) All educational virtue of Resolution No. 73, provide for the
institutions shall include the study of the establishment of a bicameral Congress, composed
Constitution as part of the curricula." of a Senate and a House of Representatives, and
limits the term of office of the President to four
As the basic and fundamental law of the land, the years, but may continue to serve for a maximum of
Constitution of the Republic of the Philippines is the eight years. The amendment also provides for the
sole instrument that affects the very core of Filipino creation of a Commission on Elections.
nationhood, for “sovereignty resides in the people
and all government authority emanates from them.” The 1947 Amendment -- known as the Parity
In this light, it is imperative that every Filipino, Amendment, gave Americans equal rights with
regardless of status and profession, should learn the Filipinos in the exploitation of Philippine Natural
foundation and operation of his government in order resources.
to guarantee a successful Philippine Republic.
The 1943 Constitution of the Republic of the
History of Philippine Constitutions Philippines, or the Constitution of the Second
Philippine Republic, was ratified by the general
The 1897 Constitution of Biak- na - Bato , or assembly of the KALIBAPI. It is based on the system
Constituciong Halal sa Biak-na-Bato, promulgated of separation of powers among the executive,
by the Philippine Revolutionary Government on legislative, and the judiciary. It served as a
November 1, 1897, is the provisionary Constitution temporary constitution, for it stipulated that one
of the Philippine Republic during the Revolution
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year after the end of the World War II, it shall be
replaced by a new constitution.

The 1973 Constitution of the Republic of the


Philippines, or Ang Saligang Batas ng Pilipinas,
ratified by the Citizens Assemblies on January 17,
1973, provides for a shift from a presidential form of
government to a parliamentary system. The
President serves as a symbolic head of State,
executive power is exercised by the Prime Minister
with the assistance of the Cabinet, and legislative
power is vested in a unicameral National Assembly.
In 1976, the National Assembly was replaced by the
Batasang Pambansa, by virtue of PD 1033 issued by
President Ferdinand Marcos.

The 1973 Constitution as amended (amended in


1981 and 1984) provides for a semi-parliamentary
form of government, where the President, no longer
acts as a symbolic head, but acts as the head of
state and the chief executive. The Office of the
President has been restored to its original status
under the 1935 Constitution. Legislative power is
vested in a unicameral Batasang Pambansa. The
Prime Minister, who is subordinated to the
President, acts as the Head of the Cabinet.

The 1986 Provisional Constitution, popularly


known as the Freedom Constitution, promulgated by
President Corazon C. Aquino on March 25, 1986,
was a provisional constitution after a successful
People Power Revolution. Under the Freedom
Constitution, executive and legislative powers are
exercised by the President, and shall continue to
exercise legislative powers until a legislature is
elected and convened under a new Constitution.
Furthermore, the President is mandated to convene
a Constitutional Commission tasked to draft a new
charter.

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Philippine-Constitutions#fullscreen:on

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