EVOLUTION OF THE
PHILIPPINE
CONSTITUTION
BSAC 1A
GROUP 7
CONTENT
•1897 Biac-na-Bato Constitution
•1899 Malolos Constitution
•1935 Constitution
•1943 Constitution
•1973 Constitution
•Provisional Constitution of the
Republic of the Philippines
•1987 Constitution
•Effectivity of the 1987 Constitution
CONSTITUTION
-Defined as a set of fundamental principles or
established precedents according to which a
state or other organization is governed.
1897 Constitution (Biak-na-Bato Constitution)
July 1897- Aguinaldo established the Biak-na-Bato Republic and
issued a proclamation stating the following demands:
• Expulsion of the friars and the return of the friar lands to the
Filipinos
• Representation of the Philippines in the Spanish Cortes
• Freedom of the press and of religion
• Abolition of the government’s power to banish Filipinos
• Equality for all before the law.
1897 Constitution (Biak-na-Bato Constitution)
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Promulgated by the Philippine Revolutionary Government
November 1, 1897
Borrowed from Cuba
Written by Isabelo Artacho and Felix Ferrer
Written in Spanish then later it was translated from
Tagalog.
The separation of the Philippines from the Spanish monarchy and their
formation into an independent state with its own government called the
Philippine Republic has been the end sought by the Revolution in the
existing war, begun on the 24th of August, 1896; and , therefore, in its
name and by the power delegated by the Filipino people, interpreting
faithfully their desires and ambitions, we the representatives of the
Revolution, in a meeting at Biac-na-bato, November 1, 1897,
unanimously adopted the following articles for the constitution of the
State.
The Constitution of Biak-na-Bato was never fully
implemented, since the Pact of Biak-na-Bato, was signed
between the Spanish andthe Philippine Revolution Army
1899 Malolos Constitution
• At Barasoain church in Malolos, Bulacan, President Emilio Aguinaldo called a
Revolutionary Congress.
• On September 15, 1898, the conference was held. They chose officers in the
afternoon, with Pedro A. Paterno winning the presidency of the Congress.
• The Congress was summoned to advise President Aguinaldo, but the congress
suggested that a constitution be drafted instead.
• Apolinario Mabini, who rejected the idea due to the country's peace and order
situation, submitted his "Constitutional Plan of the Philippine Republic."
• A committee was established with the purpose of drafting a constitution.
Felipe G. Calderon was in charge.
• The draft offered by Mabini and Paterno was set aside by Calderon.
Calderon designed his own draft with the help of Cayetano Arellano.
• The Constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil,
and France were used as models for the Malolos Constitution.
• Calderon was on the verge of making Catholicism the official religion of
the country. The Congress voted on it after a lengthy debate. The
outcome was a draw. However, it was lost by a single vote in the second
round. As a result, the state acknowledges the separation of church and
state.
• Calderon presented a draft of the Constitution on October 8, 1898. On
the 21st of October, printed copies of the aforementioned drafts were
made. On October 25, 1898, the deliberations began.
• On January 21, 1899, President Aguinaldo signed the Malolos
Constitution.
THE 1935 CONSTITUTION OF THE PHILIPPINES
1935 CONSTITUTIONAL CONVENTION DELEGATES
• In July 1901, Americans formally established the first civil
government after they bought the Philippines under the Treaty of
Paris
• Filipinos were given a hand in running the country during the
administration of Governor General Francis Burton Harrison
• From 1918 – 1932, at least five Philippine independence missions to
the United States which results to the passage of Tydings - McDuffie
Law on March 24, 1934
• 10-year period or the commonwealth period (1935 – 1945)
• On July 10, 1934, there were two hundred two (202) delegates
elected to write the constitution. The convention was formally
inaugurated with Claro M. Recto on July 30, 1934
• The draft or the constitution was finished and approved on
January 31, 1935
• On February 8, 1935, the constitutional convention approved
the constitution with 177 in favor and one against it – Atty.
Tomas Cabili of Lanao
• On March 23, 1935, the constitution was approved by US
President Franklin D. Roosevelt and the Filipinos ratified the
constitution on May 14, 1935.
• The government was divided into three co-equal
branches: Executive, Legislative, and Judicial
 Executive – the power vested in the President of
the Philippines
 Legislative – the power vested in the congress of
the Philippines
 Judicial – the power vested in the Supreme Court
and other inferior courts.
1943 Philippine Executive Commission
(January 01, 1943)
• THE 1943 CONSTITUTION HAS 12 ARTICLES
 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.
• Philippine Executive Commission (PEC)
was created as the temporary care-taker government of the Greater
Manila area and eventually of the whole Philippines during
the Japanese occupation of the country during World War II
• January 23, 1942
 General Masaharu Homma renamed the national government as a
Central Administrative Organization.
 General Homma appointed Jose Vargas as Chairman of the newly
created Executive Commission.
• January 29, 1942 - the Council of the State was created as an advisory
body to the Chairman of the Executive Commission.
• December 8, 1942 - The PEC formally abolished all political parties by
virtue of Proclamation No. 109 creating
the "Kapisanan sa Paglilingkod sa Bagong Pilipinas"
• June 18, 1943 – the Kapisanan ng Paglilingkod sa Bagong Pilipinas (KALIBAPI) was
tasked to form the Preparatory Commission for Philippine
Independence.
• Preparatory Commission for Philippine Independence (PCPI)
• Two days later, the Commission was organized with Jose Paciano Laurel as
President and Benigno Aquino and Ramon Avancena as Vice Presidents.
• September 04, 1943 - the Kalibapi ratified the Constitution drafted by the PCPI.
This Constitution established an independent Philippines with 3 branches of
government: the executive, legislative, and judiciary.
• The constitution provided for a unicameral National Assembly.
• September 20, 1943 – delegates to the legislature were elected.
• September 25, 1943 – the legislature elected Jose Paciano Laurel as President
of the Republic of the Philippines.
• October 14, 1943 – the Second Philippine Republic, which is now known in
Philippine history as the Puppet Republic, was inaugurated and Jose P. Laurel
was sworn in as President.
• After the liberation of the Philippines and the restoration of the
Commonwealth Government, the 1943 Constitution became a mere scrap of
paper in the eyes of the Filipinos.
1973 Constitution
Constitutional convention of 1971
• NOTA BENE: THE 1973 CONSTITUTION HAS 17 ARTICLES
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November 29, 1972 – The final draft was finished
December 1, 1972 - Presentede the draft to Ferdinand Marcos.
January 17, 1973 - The scheduled ratification of the constitution.
MANNER OF RATIFICATION
• CONTROVERSIES FACED BY THE RATIFICATION
Chief Justice Roberto Conception resigned.
FEATURES OF THE 1973 CONSTITUTION:
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Established a modified parliamentary government
Suspension of the Bill of rights.
Has given great power to the Executive Department.
The right to suffrage was made compulsory .
Abolished the parity rights provision of the 1935 Constitution.
AMENDMENTS OF THE 1973 CONSTITUTION
The constitution was amended in 1976. 1980, 1981 and minor
amendments done in 1984
Provisional constitution of the Republic of the
Philippines
“Freedom Constitution”
PROCLAMATION NO. 3
Declaring a national policy to implement the reforms mandated by the people,
protecting their basic rights, adopting a provisional constitution, and providing for an
orderly transition to a government under a new constitution
ARTICLES OF PROCLAMATION NO. 3, S. 1986
ARTICLE 1
ADOPTION OF CERTAIN PROVISIONS OF THE
1973 CONSTITUTION, AS AMENDED
ARTICLE II
THE PRESIDENT,
THE VICE-PRESIDENT, AND THE
CABINET
ARTICLE III
GOVERNMENT REORGANIZATION
ARTICLE IV
EXISTING LAWS
ARTICLE V
ADOPTION OF A NEW CONSTITUTIO
ARTICLE VI
HOLDING OF ELECTIONS
ARTICLE VII
EFFECTIVE DATE
1987 CONSTITUTIONAL COMMISSION
OF 1986
• President Corazon Aquino decides to make a new constitution
• March 1986-President Aquino proclaimed a transitional constitution to
last for a year while constitutional commission draft a permanent
constitution
• In 1986, constitutional convention was created
• 48 members
• Appointed by President Aquino from varied background and
representation •They draw a permanent constitution largely restoring
the set up abolished by Marcos in 1972
• February 2, 1987-constitution was finally adopted
Features:
a) Reinstitution of a Democratic Government.
b) Separation of Church and State.
c) Sovereignty of the people.
d) Renunciation of war as a national policy.
e) Supremacy of Civilian authority over the military.
f) Separation of Powers
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God,
in order to build a just and humane society and establish a Government
that shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
ARTICLE I National Territory
ARTICLE II Declaration of Principles
and State Policies Principles
ARTICLE III Bill of Rights
ARTICLE III Bill of Rights
ARTICLE IV Citizenship
ARTICLE V Suffrage
ARTICLE VI The Legislative
Department
ARTICLE VII Executive Department
ARTICLE VIII Judicial Department
ARTICLE IX Constitutional
Commissions
ARTICLE X Local Government
ARTICLE XI Accountability of Public
Officers
ARTICLE XII National Economy and
Patrimony
ARTICLE XIII Social Justice and Human
Rights
ARTICLE XIV Education, Science and
Technology, Arts, Culture, and Sports
ARTICLE XV The Family
ARTICLE XVI General Provisions
ARTICLE XVII Amendments or
Revisions
ARTICLE XVIII Transitory Provisions
February 25, 1986
•Corazon C. Aquino was inducted as the first lady President of the
Republic of the Philippines.
January 2, 1986
• President Aquino appointed a Constitutional Commission composed of
50 members who drafted the 1987 Constitution.
February 2, 1897
• The Filipino people voted to ratify the constitution
May 27, 1987
• The first election of the members of the bicameral legislative body and
the election of local executives of the various local government units took
place.
EFFECTIVITY OF THE 1987
CONSTITUTION
• After the EDSA People Power Revolution in 1986, the new administration is
to adopt a provisional constitution – adopted the 1973 Constitution
especially the provisions on Bill of Rights
• Under the constitution the president has the power to appoint the members
of the Constitutional Commission
• On May 26, 1986, President Corazon Aquino appointed 50 constitutional
Commission members.
• On June 2, 1986, the constitutional convention sessions started at the
Batasang Pambansa which led by Cecillia Munos Palma.
• On October 15, 1986, the draft was presented to the President
• On February 2, 1987, a plebiscite was conducted to ratify the
constitution
• The provision must be deemed to have been susperseded.
References
https://msc.edu.ph/centennial/biak.html
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
https://sites.google.com/site/emersonmadayag/emers
https://en.wikipedia.org/wiki/Preparatory_Committee_for_Philippine_Independence
https://military.wikia.org/wiki/Philippine_Executive_Commission
https://www.rappler.com/newsbreak/look-back-philippine-executive-commission-japaneseoccupation
https://www.youtube.com/watch?v=-xamqLdD-v0
https://www.youtube.com/watch?v=31l3OUIp8Yk
Thank You For Your
Attention!
Prepared By:
Esperat, Marc Adriel
Alimansa, Jelaina
Elnas, Jamaira
Molegon, Gea
Sagoso, Kris Kaye