The Philippine Constitutions
At least seven Philippine Constitutions were framed in our history.
1. The 1897 Constitution of Biak-na-Bato
The Philippine Revolution reached a stalemate in 1897 when the revolutionary forces of
General Emilio Aguinaldo fled to the mountains of Biak-na-Bato in San Miguel de Mayumo,
Bulacan. The Spanish forces led by Gen. Miguel Primo de Rivera realized that even though they
could crush the rebels in Bulacan, it did not mean the revolution would end for it was already
widespread in the other provinces. The Spaniards soon sued for a truce with the revolutionary
forces.
In order to consolidate the forces still fighting in the other provinces, Aguinaldo met with
his leaders to establish a recognized government. A revolutionary government had already been
formed in March that year with Aguinaldo as President in Tajeros, San Francisco de Malbon (now
General Trias) in Cavite. It was this government that was now in Biak-na-Bato. An assembly of
Filipino rebel leaders were called and it was agreed that a republican form of government would
be formed. Two Filipinos, Isabelo Artacho and Felix Ferrer were tasked to write a constitution.
Both decided to adopt the previsions of the Constitution framed in Jimaguayu, Cuba and from this,
the Constitution of Biak-na-Bato was formulated.
The Constitution was promulgated by the Philippine Revolutionary Government on
November 1, 1897, and became the provisionary constitution of the government during the
Revolution against Spain.
In spite of being a copied constitution, the Biak-na-Bato Constitution had its own unique
features: its preamble reiterated the objective of the Revolution which was "the seperation of the
Philippine from the Spanish monarchy and their formation into an independent state which its own
government." The government that was formed was a Supreme Council composed of a President,
a Vice-President, a Secretary of the Interior, a Secretary of Foreign Relations, a Secretary of War,
and a Secretary of the Treasury. This Council had sweeping powers of government which included
the power to issue orders and other laws for the security of the State, to impose and collect taxes,
to raise an army, to ratify treaties, and to convene an Assembly of Representatives." The official
language was Tagalog. The judiciary power was vested in another Supreme Council of Justice,
Articles XXII to XXV were essentially the Bill of Rights accorded in every Filipino.
This constitution was to last only for two years during which, at certain periods, it was
superseded by laws and decrees made by Aguinaldo.
2. The 1899 Malolos Constitution (1899-1901)
Following the defeat of Spain by the United States in the Spanish-American War in 1898,
the Filipinos began their task of creating the independent nation they valiantly fought for in 1896.
On June 12, 1898, Philippine independence was declared and two weeks later, Aguinaldo ordered
the convening of a Congress in Malolos, Bulacan. Elections were held for the delegates in the
provinces that were already free from Spanish forces. For the other areas where battles against
Spaniards were still being fought, Aguinaldo appointed delegates. The Malolos Congress had its
inaugural session at Barasoain Church in Malolos on September 15, 1898 amidst a large
celebration and coverage by both the legal and foreign press. The delegates then convened
Congress and elected its officers. One of its first acts was to ratify the Independence declaration
in Kawit.
The Congress was originally conceived by presidential adviser Apolinario Mabini to be an
advisory body to the President. but another group led by Pedro Paterno decided to create a
constitution to form a government that would be recognized by foreign powers. Mabini was against
this for he believed that peaceful conditions should first prevail before a constitution should be
drafted. He was, however, overruled by Paterno and his allies. Discussion for the Constitution
began on October 25 after the submission of a draft by Felipe Calderon. Calderon drew inspiration
from the constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil and France. One of the
heated discussions focused on the issue of the union of Church and State where Catholicism would
be the state religion. This proposal was voted on twice by the Congress. The first was a tie and the
second voting session resulted on the victory for separation by only one vote. The constitution was
approved by the Malolos Congress on November 29, 1898 and forwarded to President Aguinaldo
for approval.
The original draft of the constitution, however, emphasized a popular government which
means supreme power is given to a legislative body since it is representative of the people. This
means that the President as well as the judiciary including the Supreme Court would be selected
by the legislative body which, at that time, was the Malolos Congress. Mabini objected to this
proposal and the approval of the Constitution was delayed. The amendments were made and the
document was finally approved by Aguinaldo on January 21. The Malolos Constitution was the
first republican constitution in Asia. Its main features were as follows:
• It was based on democratic traditions in which the government formed was “popular,
representative and responsible” with three distinct branches--the executive, the legislative,
and the judicial.
• It called for a presidential form of government with the president elected for a term of four
years by the majority of the Assembly convened as a constituent assembly;
• It recognized the freedom of religion and the separation of the Church and State;
• It emphasized and safeguarded the basic civil rights of not only Filipinos but foreigners,
through a Bill of Rights (Article XIX to XIXIII)
The approval of the Constitution and the creation of the republic did not end the strife between
the Congress and Mabini. Mabini was eventually replaced as president of the Cabinet several
months later.
The first Philippine Republic was inaugurated on January 23, 1899 at Barasoain Church where
Emilio Aguinaldo took his oath of office as the first President of the Republic. This was followed
by the reading of the Malolos Constitution and the taking of the oath of loyalty by the Army.
The Malolos Republic was the first democratic government of the country. It had a form of
governance that included the management of social services, education, creation of an Army, a
monetary system, and diplomatic activities. It even had a government publication in order to spread
to the foreign nations the ideals of the new republic and to ask for support for its recognition.
The Republic, however, was a short-lived government. Its demise began at the start of the
Philippine-American War in February 1899 and ceased to exist with the capture of President
Aguinaldo in Palanan, Isabela in March 1901. By that time, the Americans had firmly established
themselves as the new colonizers of the Philippines with a military government running the
country. In July 1901, the formally established the first civil government in the islands.
3. The 1935 Constitution and the Commonwealth Government
For over a decade, the Americans ran the government in the Philippines with Filipinos
given a role in the legislative function when the Philippine Assembly was established in 1907. It
was only during the administration of Governor-General Francis Burton Harrison (1913-1921) that
the Filipinization policy of the government put in place. Filipinos were given a hand in running
the country. Majority of the Philippine Commission members and civil servants were replaced by
Filipinos. Soon, the colonial administration placed much of country’s governance in the hands of
the Filipinos. One year later, the Jones Law of 1916also known as the Philippine Autonomy Act
was passed by the US Congress.
The Jones Law reorganized the government with an American governor-general a Cabinet,
and an all-Filipino legislature composed of the Senate and the House of Representatives. It also
provided both executive and legislative sectors power over domestic affairs. The new Philippine
Legislature was inaugurated on October 16, 1916 with Sergio Osmena as House Speaker and
Manuel Quezon as Senate President. In addition to this, Harrison also formed the Council of State
as an advisory body to the governor-general.
Despite the American concession of letting the Filipinos run their own government, the
prospect of independence was not erased from the minds and hearts of the Filipinos. To address
this, the Jones Law provided the presence of two resident commissioners to the US to sit and
observe the proceedings of the US Congress. They were eventually replaced by a Commission on
Independence or parliamentary missions in the US to petition for Philippine independence.
From 1918 to 1932, there were at least five Philippine independence missions to the United
States. The efforts paid off with the creation and approval of the Tydings-McDuffie Law by the
US Congress this law was approve on March 24, 1934 and was known as the Philippines
Independence Act. It provided for the drafting and guidelines of a constitution for a 10-year
“transitional period” government before the granting of independence. This was known as the
Commonwealth Government.
Following the signings of Tydings-McDuffie Law, the Philippine began to ready itself for
its transition from colonial country into a self-governing nation. On July 10,1934, an election an
election was held to vote for the delegates to write a constitution for the Philippines. Two hundred
two delegates were elected and convention was opened on July 30. The draft of the Constitution
was finished by January 31, 1935 and was approved by the convention by February 8. There was
only one dissenter, Tomas Cabili of Lanao, who felt that the Constitution did not serve the people
of Mindanao.
The Constitution was approved by US President Franklin Delano Roosevelt on March 23,
1935 and ratified by the Filipino people in a plebiscite on May 14, 1935.
The 1935 Constitution of the Philippines served as the fundamental law of the land from
1935 to 1972. It established the Commonwealth of the Philippines and provides that upon
withdrawal of American sovereignty in the country and the declaration of Philippine
independence, the Commonwealth shall be known as the Republic of the Philippines.
The 1935 Constitution enumerated the composition, powers, and duties of the three
branches of the government (the executive, the legislative, and the judicial) and created the General
Auditing Office and laid down the framework in the establishment of the civil service in the
country. The other provisions included the Bill of Rights, a provision for women’s suffrage giving
the women the right to vote and to be part of the Philippine politics for the first time. The creation
of a Philippine Armed Forces for national defense, and the development of the national language.
The framing of the 1935 Constitution was momentous event for Filipino people. It showed
the Americans that Filipinos had the capability for self-government with the creation of the
Commonwealth Government in 1935 that led the country’s independence a decade later.
4. The Japanese Occupation and the Second Philippine Republic (1943 Constitution)
The Commonwealth Government was interrupted by the Second Word War and the
Japanese Occupation of the Philippines. The commonwealth under President Manuel Quezon went
into exile in the United States. As part of their policy of attraction in their Greater East Asia CoProsperity Sphere program, the Japanese offered to grant the Philippines its independence.
Acting on the orders of the Japanese military, the Kapisanan ng Paglilingkod sa Bagong
Pilipinas or KALIBAPI, a Filipino political party that served as the political party during the
Japanese occupation, convened and elected a Philippine commission for Philippine Independence
(PCPI) to write a new constitution. This was finished and signed on September 4, 1943 in a public
ceremony and ratified by the KALIBAPI a few days later. On October 14, 1943 as provided for in
the new constitution, the Second Philippine Republic was inaugurated with Jose P. Laurel as
President.
The 1943 Constitution was basically a condensed version of the 1935 Constitution
consisting only of a preamble and 12 articles. It was transitory in nature as it was only effective
during the duration of the war. It created a republic with three offices (executive, legislative, and
judicial) but owing to the war, no legislature was convened. Instead, the powers of government
were concentrated with the President. The Bill of Rights basically enumerated the citizen’s duties
and obligations rather than their constitutional rights and Tagalog was declared the national
language.
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. It was abolished eventually along with the Second
Republic upon the liberation of the Philippines by American forces in 1945 and the reestablishment
of the Commonwealth in the Philippines
5. The 1973 Constitution and the Marcos Dictatorship
On June 1, 1971, a Constitutional Convention was convened at the Manila Hotel. Its
purpose was to write a new constitution at the Manila Hotel. Its purpose was to write a new
constitution that would meet the new challenges confronting the Philippines Republic that
developed since it was formed in 1946. It was during the second term of President Ferdinand
Marcos that the convention opened.
Almost immediately, the convention became controversial. The delegates concentrated
more on speeches and giving themselves allowances before actually sitting down to discuss the
provisions of the new constitution. Meanwhile, the peace and order situation brought about by the
First Quarter Storm deteriorated with student rallies and other protests rocking the metropolis. The
biggest scandal came when Leyte delegate Eduardo Quintero accused Marcos of bribing delegates
to vote for a provision to extend the presidential term of office and to change the form of
government.
But the convention’s activities soon came to a temporary halt when President Marcos
declared martial law n September 21, 1972. He abolished Congress and reorganized the
government. Several days later, the convention was reconvened and a draft constitution was finally
finished and approved on November 30. Instead of being ratified by a plebiscite, however, Marcos
submitted it to “citizen assemblies” that was formed to approve or reject the new constitution. The
plebiscite was held from January 10-15, 1972 and the constitution was overwhelming approved.
On January 17, 1973, President Marcos signed Proclamation No. 1102 declaring the 1973
Constitution ratified.
The 1973 Constitution provided for a parliamentary form of government in which the
President was the symbolic head of the state and the Prime Minister was the head of government.
The prime Minister, who was nominated by the president, acted as the head of the Cabinet.
Legislative power was vested in the Batasang Pambansa. The constitution also provided for the
establishment of the Civil Service commission, the Commission on Elections, and the Commission
on Audit.
In 1981, amendments were made to the 1973 Constitution and the President was restored
from a symbolic head of state to its original status as the head of the state and chief executive of
the country. The amended Constitution also granted the President several powers and functions
which were originally vested in the Prime Minister and the Cabinet.
The 1973 Constitution remained in force until the February 22-25 EDSA People Power
Revolution of 1986 which toppled the Marcos administration. It was abolished with the adoption
of the 1986 Freedom Constitution by the administration of President Corazon Aquino.
6. The Freedom Constitution (1986)
On March 24, 1986, President Aquino signed Proclamation No. 3 entitled “Declaring a
National Policy to Implements the Reforms mandated By the People, protecting their basic rights,
Adopting a Provisional Constitution, and Providing for an Orderly Transition constitution, later
called the “Freedom Constitution,” was proclaimed, setting aside the 1973 Constitution thereby
recognizing the new Aquino administration as a temporary revolutionary government until the
framing of a new constitution. It basically adopted some provisions of the 1973 Constitution
especially the Bill of Rights.
Under the Freedom Constitution, the President continued to exercise legislative powers
until a legislative power until a legislature was convened under a new constitution. Furthermore,
the President was given the power to appoint the members of a Constitutional Commission tasked
to draft a new charter “truly reflective of the ideals and aspirations of the Filipino people.”
7. The 1987 Constitution
By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on
April 23, 1986 Proclamation No. 9, consisting a Constitutional Commission (CONCOM) charged
with drafting a new constitution not later that September 2, 1986. In line with this issuance,
President Aquino, on May 26, 1986, appointed the 50 CONCOM members representing the
various sectors of society from politics to the arts and to the religion. On June 2 the ConCom,
headed by former Justice Cecilia Munoz Palma, commenced it sessions at the Batasang Pambansa
in Quezon City. The ConCom completed their task on October 12, 1986 and presented the draft
constitution to President Aquino on October 15. After a period of nationwide information
campaign, a plebiscite for its ratification was held on February 2, 1987. An overwhelming
17,059,495 voted to ratify the constitution while 5,058,714 voted against it.
On February 11, 1987, the New Constitution was proclaimed ratified and in effect. On the
same day, President Aquino, government officials, and the military pledged allegiance to the New
Constitution.
Among its significant provisions are as follows:
1. A presidential system of government restores the bicameral Congress of the Philippines,
composed of a Senate and a House of Representatives.
2. A modified Bill of Rights (Article III) details the rights of every Filipino citizen. Much emphasis
was placed on the writing of this provision after the violations committed during the Marcos
dictatorship. In addition, the constitution includes the abolition of death penalty, except when
Congress provides otherwise with regard to “heinous crimes.”
3. The creation of a Commission on Human Rights which under, Section 18, Article XIII, is tasked
to investigate all forms of human rights violation involving civil and political rights. It provides
appropriate legal measures for the protection of human rights of all person within the Philippines,
and several other powers in relation to the protection of human right
4. The recognition of Autonomous Region of Muslim Mindanao and the Cordilleras.
5. Limited political autonomy for local government units like the provinces, cities, municipalities,
and barangays and instructing the Congress to establish a Local Government Code.
The 1987 Constitution consists of 18 articles with a preamble.
Preamble
Article I - National Territory
Article II - Declaration of Principles and State Policies
Article III - Bill of Rights
Article IV - Citizenship
Article V - Suffrage
Article VI - Legislative Department
Article VII - Executive Department
Article VIII - Judicial Department
Article IX - Constitutional Commission
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 and Arts
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments and Revision
Article XVIII - Transitory Provisions