CONSTITUTION OF THE PHILIPPINES OVERVIEW Year 1898 Overview The revolutionary constituent assembly, known as the Malolos Congress,

drafted the framework of the first Philippine Constitution or the Malolos Constitution on September 15, 1898 on the historical church of Barasoain in Malolos, Bulacan. After the declaration of the independence of the Philippines on June, 12, 1898 a plan was drafted by Aguinaldo and his supreme council which aims to create a new constitution that will be implemented with the foundation of the first Philippine Republic. On June 18 and 23, 1898, President Aguinaldo issued a decree ordering a new constituent assembly to be formed that will draft and ratify the planned new constitution. On September 4, 1898, Aguinaldo appointed 50 delegates from various Philippine provinces to the Malolos constitutional convention. He later added 10 more delegates to the assembly on Spetember 10, 1898. In the morning of September 15, 1898, the opening ceremony of the Malolos Congress started. The Barasoian church was filled with spectators and delegates as the Philippine National Anthem was being sung. A few minutes later, the Malolos Congress was inaugurated. The constituent secretary read the names of the chosen delegates and introduced President Emilio Aguinaldo. Aguinaldo delivered his speech to the Congress, first in Filipino (Tagalog) and later in Spanish. Felipe Buencamino prepared his speech for him. After his speech, Aguinaldo declared the end of the preliminary ceremonies and the start of the Malolos constitutional convention. The Malolos Republic was inaugurated and Emilio Aguinaldo became the first democratic president of the Philippines on January 23, 1899. TheMalolos Congress inserted some amendments to the proposed Constitution before it was submitted to President Aguinaldo who approved it on Jan. 21, 1899, paving the way for the ratification of the first Philippine Constitution. This Constitution was the first republican constitution in Asia and was composed of a preamble, 14 titles, transitory provisions and an additional article that created a Philippine republic with three separate branches, namely, the Executive, Legislative and Judiciary. On Jan. 23, 1899, Aguinaldo officially proclaimed the first Philippine Republic in the historic compound of Barasoain Church in Malolos. The1935 Constitution of the Philippines was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935-1946) and later used by the Third Republic of the Philippines (1946-1972). It was written with an eye to meeting the approval of the United States Government to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold on to its "possession" on the grounds that it was too politically immature and hence unready for full, real independence. The original 1935 Constitution provides, inter alia, for a unicameral Legislature and a single six-year term for the President. It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent Commission on Elections. The Constitution limited the President to a four-year term with a maximum of two consecutive terms in office. A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was stained with manifest bribery and

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corruption. Possibly the most controversial issue was removing the presidential term limit so that Ferdinand E. Marcos could seek election for a third term, which many felt was the true reason for which the convention was called. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so. The 1943 Constitution of the Republic of the Philippines was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines that had established a government-inexile. In mid-1942, Japanese Premier Hideki Tojo had promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic. The Philippine Independence Committee tasked with drafting a new constitution was composed, in large part, of members of the pre-war National Assembly and of individuals with experience as delegates to the convention that had drafted the 1935 Constitution. Their draft for the republic to be established under the Japanese Occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch. Upon approval of the draft by the Committee, an assembly of ratified the new charter in 1943 appointed provincial representatives of the KALIBAPI, the organization established by the Japanese to supplant all previous political parties. Upon ratification by the Kalibapi assembly, the Second Republic was formally proclaimed (1943-1945). Jos P. Laurel was appointed as President by the National Assembly and inaugurated into office in October of 1943. Laurel was highly regarded by the Japanese for having openly criticized the U.S. for the way they ran the Philippines and because he had a degree from Tokyo International University. The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States or of the Commonwealth of the Philippines and guerrilla organizations loyal to them. In late 1944, President Laurel declared that a state of war existed with the United States and the British Empire and proclaimed martial law, essentially ruling by decree. His government in turn went into exile in December, 1944, first to Taiwan and then Japan. After the announcement of Japan's surrender, Laurel formally proclaimed the Second Republic as dissolved. Until the 1960s, the Second Republic, and its officers, were not viewed as legitimate or as having any standing, with the exception of the Supreme Court whose decisions, limited to reviews of criminal and commercial cases as part of a policy of discretion by Chief Justice Jose Yulo continued to be part of the official records (this was made easier by the Commonwealth never constituting a Supreme Court, and the formal vacancy in the chief justice position for the Commonwealth with the execution of Jose Abad Santos by the Japanese). It was only during the Macapagal administration that a partial, political rehabilitation of the Japanese-era republic took place, with the recognition of Laurel as a former president and the addition of his cabinet and other officials to the roster of past government officials.

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However, the 1943 charter was not taught in schools and the laws of the 1943-44 National Assembly never recognized as valid or relevant. The 1943 Constitution provided strong executive powers. The Legislature consisted of a unicameral National Assembly and only those considered as anti-US could stand for election, although in practice most legislators were appointed rather than elected. The 1973 Constitution of the Republic of the Philippines, promulgated after Marcos' declaration of martial law, provides for a parliamentary form of government. Legislative power was vested in a National Assembly whose members were elected for six-year terms. The President was elected as the symbolic head of state from the Members of the National Assembly for a sixyear term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a member of the National Assembly. During his term, the President was not allowed to be a member of a political party or hold any other office. The Prime Minister who was also elected from the Members of the National Assembly exercised executive power. The Prime Minister was the head of government and Commander-in- Chief of the armed forces. This constitution was subsequently amended three times. On 22 September 1976, President Marcos issued Presidential Decree No. 1033 proposing amendments to the Constitution, which was later on ratified and included in the 1973 Constitution. The amendments provide, among other things, for the replacement of the National Assembly by the Batasang Pambansa. It also states that the incumbent President of the Philippines shall be the Prime Minister, and shall continue to exercise legislative powers until Martial Law has been lifted. Amendments were done again in 1981 which reestablished a parliamentary form of government with a president elected by direct vote of the people. In reality, these amendments had little effect at the time due to the ongoing Marcos dictatorship;however, Marcos did, at least in name, dissolve martial law at about this time and conduct (highly questionable) elections, which he unsurprisingly "won". Presidential Proclamation No. 3, popularly known as the 1986 Provisional 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, reorganize the government and hold a new constitutional convention to draft a new constitution. Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. 3 and the adoption of a provisional constitution that would prepare for the next constitution that became the 1987 constitution. 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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The Constitution of the Republic of the Philippines (In Filipino: Ang Konstitusyon ng Republika ng Pilipinas), ratified on February 2, 1987, is the fourth fundamental law to govern the Philippines since it became independent on July 4, 1946. First, the 1935 Constitution, which became fully operational after the Inauguration of the Third Philippine Republic. Second, the 1973 Constitution, which was promulgated during Martial Law and became fully operational only after the lifting of Martial Law in 1981. Third, the 1986 Provisional "Freedom" Constitution, which was promulgated on March 25 by President Corazon C. Aquino after the successful People Power Revolution in 1986.

References: History of the Philippine Constitution. Retrieved from: http://www.scribd.com/doc/19011969/History-of-Philippine-Constitutions Malolos Congress. (2009) All Philippines. Retrieved from: http://www.allphilippines.com/?p=469 Reyes, E.A. Another Flashback: How Our 1973 and 1987 Charters Came to Be. Retrieved from: http://www.tribo.org/history/constitution.html