CONSTITUTIONS OF THE PHILIPPINES

Learning Objectives

 CONSTITUTION 1899 (Malolos)

 CONSTITUTION 1935
 CONSTITUTION 1973
 CONSTITUTION 1987

 THE POLITICAL CONSTITUTION OF 1899 (MALOLOS CONSTITUTION)

- also known as "Constitución Politica de 1899" informally knowing αs Malolos constitution. It is the first constitution of
the FIRST PHILIPPINE REPUBLIC.

- It was written by Felipe Calderón y Roca and Felipe Buencamino as an alternative pair of Malolos Congress by
Apolinario Mabini and Pedro Paterno.

How was the Malolos Constitution formed?

 THE TRUCE SIGNED BY THE REVOLUTIONARY LEADERS AND SPANIARDS

- after signing of the truce, the Filipino revolutionary leaders accepted the payment from Spain and went to exile in Hong
Kong.

- The story behind the signing of the truce and why the Filipino exile in Hong Kong was because of the revolt of
Katipunan against the Spain. The Katipunan forces retreated into the mountains. due to the Spanish attacks, but soon
enough, Aguinaldo entered an agreement with the Spaniards or a truce, which is the Pact of BIAK-NA-BATO it is an
agreement to and the Philippine revolutionary against the Spain. And also, they agreed to exile in Hong Kong in
exchange for 400,000 pesos.

 THE BATTLE OF SPANISH AND AMERICANS AT MANILA BAY ON

MAY 1, 1898
- The defeat of Spanish to American. United States Navy transported Aguinaldo back to the Philippines. The declaration
of Philippine independence was issued on June 12, 1898.
- Upon the defeat of the Spanish to the Americans, the United States Navy transported Aguinaldo back to the Philippines.
The US hoped that Aguinaldo would help lend his troops to it against the Spain, so, Aguinaldo returned to Manila on
May 19, 1898. And he took control of the newly formed Philippines revolutionary forces. And soon enough he declared
the Philippine Independence on June 12, 1898.

 DRAFT CONSTITUTION ON SEPTEMBER 17, 1898

- Together with several decrees that formed the First Philippine Republic. The Malolos Constitution was elected, which
selected a commission to draw up a draft constitution on September 17, 1898, which was composed of wealthy and
educated men.
- After Aguinaldo declared the independence of the Philippines, he followed it with several orders forming the First
Philippine Republic elections were held from June 23 to September 10, 1898 and the Malolos Congress was elected,
which selected a commission to draw to draw up a draft constitution on September 17, 1898, which was composed of
wealthy and educated men.

 THE PROMULGATION OF THE DRAFT CONSTITUTION ON

JANUARY 21, 1899
- The draft constitution was approved was approved by the congress on November 29, 1989. The draft constitution was
promulgated by Emilio Aguinaldo on January 21, 1899. “The Political Constitution of 1899” and written in Spanish.
- The draft constitution that they came up with was approved by the Congress on November 29, 1898. However, President
Aguinaldo returned it for amendments and for minor changes on December 1, 1898. On December 23, 1898, President Aguinaldo
finally approved the draft constitution and was adopted by the Malolos Congress on January 20, 1899 and was promulgated by
President Aguinaldo on January 21, 1899. The document was titled the Political Constitution of 1899 and was written in Spanish.
It was written in Spanish because Spanish is the official language of the Philippines at that time.
 PREAMBLE

We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common defense,
promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for
the attainment of these ends, have voted, decreed, and sanctioned the following:

The Constitution has 93 Articles Divided into 14 Titles, with 8 transitory provisions, and 1 unnumbered article. The
President of the council is Apolinario Mabini.

TITLE I TITLE III

The Republic Religion

- It is composed of Articles 1 to 3, it is about the Philippine - Consists only Article 5, it is about the equality of all religions
Republic being free, independent and sovereignty resides into and the separation of the church and the state.
the people.

TITLE IV
TITLE II The Filipinos and their National and
The Government Individual Rights

- Consists only Article 4, it is about the government of Republic - It is composed of Articles 6 to 32, it is about the Filipinos and
is popular, representative, alternative and responsible and shall their national and individual rights.
exercise the 3 distinct power namely the Legislative, Executive
and Judicial.

TITLE V TITLE X
The Legislative Power The Judicial Power

- It is composed of Articles 33 to 53, it is about the power of - It is composed of Articles 77 to 81, it is about the power and
legislative, the responsibilities and what shall and shall not do. responsibilities of Judicial.

TITLE VI TITLE XI
The Permanent Commission Provincial and Popular Assemblies

- It is composed of Articles 54 and 55, it is about the election of 7 of - Consists only Article 82, it is about the provincial and popular
its members to form a permanent commission and what they shall assembly that are governed by their own law that their law should
contribute. be in accordance or in line with the constitution in Title 12.

TITLE VII TITLE XII

The Executive Power Administration of the State

- It is composed of Articles 56 and 57, it is about the power that an - It is composed of Articles 83 to 88, it is about the responsibilities of
executive hold and also its responsibilities the government as a whole.

TITLE VIII TITLE XIII

The President of the Republic Amendments of the Constitution

- It is composed of Articles 58 to 72, it is about the President and its - It is composed of Articles 89 and 90, it is about the proposal that the
responsibilities. Assembly may proposed.

TITLE IX TITLE XIV

The Secretaries of Government Constitutional Observance, Oath, and Language

- It is composed of Articles 73 to 76, it is about the responsibilities of - It is composed of Articles 91 to 93, it is about the responsibilities of
the secretaries of the government and also it stated there are 7 the citizens to observe and have knowledge about the
secretaries. Constitution.
  1935 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Commonwealth

- traditional English term for a political community founded for the common good. Historically, it has sometimes been
synonymous with "republicanism" The commonwealth of the Philippines.

- (Tagalog: Komonwelt ng Pilipinas) was the administrative body that governed Philippines from 1935 to 1944, aside
from a period of exile in the second world war from 1942 to 1945 when Japan occupied the Country. It replaced the
Insular Government, a united states territorial government, and was established by the Tydings-McDuffie Act. The
Commonwealth was designed as a transitional administration in preparation for the country's full achievement of
independence.

- Senate President Manuel L. Quezon and his running mate Senate President Sergio Osmeña were elected as President
and Vice President, while voters erected representatives for the new unicameral National Assembly and for local
positions.

- The Commonwealth was the culmination of efforts to secure a definitive timetable for the withdrawal of American
sovereignty over the Philippines.

- The constitution of the Commonwealth of the Philippines had the power to enact laws for the Philippines, known as
Commonwealth Acts, through the National Assembly. This constitution of Commonwealth also provided for a
presidential system of government with a unicameral legislature.

- The Commonwealth was meant to lay down the foundations for an independent, fully-functional state.

Its priorities could be seen in the first laws enacted by the new National Assembly:

 Commonwealth Act. No. I established the Philippine Army and a National defense policy;
 Commonwealth Act No. 2 established the National Economic Council;
 Commonwealth Act No. 3 created the Court of Appeals

PREAMBLE

The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals,
conserve and develop the patrimony of the nation, promote the general welfare, and recuse to themselves and their prosperity the
blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

So, there are 18 articles under the 1935 Constitution:

- ARTICLE I: The National Territory

- ARTICLE II: Declaration of Principles

- 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: Impeachment

- ARTICLE X: Commission on Elections

- ARTICLE XI: General Auditing Office

- ARTICLE XII: Civil Service

- ARTICLE XIII: Conservation and Utilization of Natural Resources

- ARTICLE XIV: General Provisions

- ARTICLE XV: Amendments

- ARTICLE XVI: Transitory Provisions

- ARTICLE XVII: Serial Provisions Effective upon the Proclamation of the Republic of the Philippines

- ARTICLE XVIII: The Commonwealth and the Republic

ORDINANCE APPENDED TO THE CONSTITUTION

- during the Executive Agreement between the President of the Philippines and the President of the United States the
disposition, exploitation development and utilization of all agricultural timber and lands, waters, minerals, coal,
petroleum and other natural resources. of the Philippines, as well as the operations of public utilities, will be open to
citizens of the United States and business enterprises owned of controlled by the citizens of the Philippines.

 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

 The Philippine Constitution can be defined as a written instrument by which the fundamental power of the government
for the safe and useful exercise for the benefit of the citizens of the Philippines.

There are 3 purposes of the 1987 Constitution:

 Promote full employment.

 A rising standard of living.
 An improve quality of life for all.

Classifications:

- The 1987 Constitution established by a representative democracy with power divided among the three separate and
independent branches of government.

Three Branches of the Government

 Executive Branch
- Is composed of the President and the Vice president who are elected by direct popular vote and serve a term of six
years.

 Legislative Branch
- Is authorized to make laws, alter and repeal them through the power tested in the Philippines. This institution is divided
into the Senate and the House of Representatives.
  Judicial Branch
- This branch determines whether or not has been a grave abuse of discretion amounting to lack of excess of jurisdiction
on the part and the instrumentality of the government. It is made up for a Supreme Court and Lower Courts.

The Three Essential Parts of the 1987 Philippine Constitution

 Constitution of Liberty
- It is the quality or state of being free.

 Constitution of Government
- It is the organization, machinery, or agency which a political unit exercises authority and performs functions and which
is usually classified according to the distribution of power within it.

 Constitution of Sovereignty
- It is the Supreme Power especially over the politic or freedom from external control or controlling influence.

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.

So, there are 18 articles under the 1935 Constitution:

- 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: 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

 1973 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

 The 1973 Constitution, composed of a preamble and 17 articles, provides for the shift from presidential to
parliamentary system of government. The Constitution vests the legislative power in the National Assembly. it was
drafted by the 1971 Constitutional Convention. It was composed of 320 delegates elected on November 10, 1970 from
all around the country, and assembled on June 1, 1971.
  The Constitutional Convention adopted the final draft of the Constitution on November 29, 1972. It was then presented
to Marcos on December 1, 1972.
 After that, citizens assemblies were formed by virtue of Presidential Decree No. 86signed on December 31, 1972.
Through Presidential Decree No. 86-A, these citizens assemblies held a referendum from January 10 to 15, 1973 for the
ratification of the Constitution. On January 17, 1973, Proclamation No. 1102 deemed the 1973 Constitution ratified,
despite much opposition.

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a Government that shall embody
our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our
posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this
Constitution.

The adoption of the 1973 Constitution supposed a great improvement in the regulation of social justice and social rights in
comparison to the previous constitutional texts, but civil and political rights continue having a preeminent character. The 1973
Constitution provides seven key areas for prioritization: labor, agriculture and natural resources, health, women, among others. It
is true that Congress has enacted a good number of social Legislation in with these priority areas, but this has not been enough.

There are 17 articles with corresponding sections.:

- THE NATIONAL TERRITORY

- DECLARATION OF PRINCIPLES AND STATE POLICIES

- CITIZENSHIP

- BILL OF RIGHTS

- DUTIES AND OBLIGATIONS OF CITIZENS

- SUFFRAGE

- THE PRESIDENT

- BATASANG PAMBANSA

- THE PRIME MINISTER, THE CABINET AND THE EXECUTIVE COMMITTEE

- THE JUDICIARY

- LOCAL GOVERNMENT

- THE CONSTITUTIONAL COMMISSIONS

- A. COMMON PROVISIONS

- B. THE CIVIL SERVICE COMMISSION

- C. THE COMMISSION ON ELECTIONS

- D. COMMISION ON AUDIT

ARTICLE I: ACCOUNTABILITY OF PUBLIC OFFICERS ARTICLE ITHE NATIONAL TERRITORY

ARTICLE I

• ACCOUNTABILITY OF PUBLIC OFFICERS

• THE NATIONAL ECONOMY AND THE PATRIMONY OF THE NATION

• GENERAL PROVISIONS

• AMENDMENTS

• TRANSITORY PROVISIONS