Evolution of the Philippine Constitution

The constitution is defined as a set of fundamental principles or established precedents according

to which a state or other organization is governed, thus, the word itself means to be a part of a
whole, the coming together of distinct entities into one group, with the same principles and
ideals. These principles define the nature and extent of government.

The Constitution of the Philippines, the supreme law of the Republic of the Philippines, has been
in effect since 1987. There were only three other constitutions that have effectively governed the
country: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom
Constitution. However, there were earlier constitutions attempted by Filipinos in the struggle to
break free from the colonial yoke.

1897: Constitution of Biak-na-Bato

The Constitution of Biak-na-Bato was the provisionary Constitution of the Philinnine Renuhlic
during the Philinnine Revolution, and was promulgated by the Philippine Revolutionary
Government on 1 November 1897. The constitution, borrowed from Cuba, was written by Isabelo
Artacho and Félix Ferrer in Spanish, and later on, translated into Tagalog.

The organs of the government under the Constitution were: (1) the Supreme Council, which was
vested with the power of the Republic, headed by the president and four department secretaries:
the interior, foreign affairs, treasury, and war; (2) the Consejo Supremo de Gracia Y Justicia
(Supreme Council of Grace and Justice), which was given the authority to make decisions and
affirm or disprove the sentences rendered by other courts and to dictate rules for the
administration of justice; and (3) the Asamblea de Representantes (Assembly of Representatives),
which was to be convened after the revolution to create a new Constitution and to elect a new
Council of Government and Representatives of the people.

The Constitution of Biak-na-Bato was never fully implemented, since a truce, the Pact of Biak-na-
Bato, was signed between the Spanish and the Philippine Revolutionary Army.

Primary Source: Preamble of the Biak-na-Bato Constitution

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 Biak-na-bato, November
1, 1897, unanimously adopted the following articles for the constitution of the State.

1899: Malolos Constitution

After the signing of the truce, the Filipino revolutionary leaders accepted a payment from Spain
and went to exile in Hong Kong. Upon the defeat of the Spanish to the Americans in the Battle of
Manila Bay on 1 May 1898, the United States Navy transported Aguinaldo back to the Philippines.
The newly reformed Philippine revolutionary forces reverted to the control of Aguinaldo, and the
Philippine Declaration of Independence was issued on
12 June 1898, together with several decrees that formed the First Philippine Republic. The
Malolos Congress was elected, which selected a commission to draw up a draft constitution on 17
September 1898, which was composed of wealthy and educated men.

The document they came up with, approved by the Congress on 29

November 1898, and promulgated by Aguinaldo on 21 January 1899, was titled "The Political
Constitution of 1899" and written in Spanish. The constitution has 39 articles divided into 14
titles, with eight articles of transitory provisions, and a final additional article. The document was
patterned after the Spanish Constitution of 1812, with influences from the charters of Belgium,
Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, and the French Constitution of 1793.
According to Felipe Calderon, main author of the constitution, these countries were studied
because they shared similar social, political, ethnological, and governance conditions with the
Philippines. Prior constitutional projects in the Philippines also influenced the Malolos
Constitution, namely, the Kartilya and the Sanggunian-Hukuman, the charter of laws and morals
of the Katipunan written by Emilio Jacinto in 1896; the Biak-na-Bato Constitution of 1897 planned
by Isabelo Artacho; Mabini's Constitutional Program of the Philippine Republic of 1898; the
provisional constitution of Mariano Ponce in 1898 that followed the Spanish constitutions; and
the autonomy projects of Paterno in 1898.

Primary Source: Preamble of the Political Constitution of 1899

We, the Representatives of the Flipino People, lawfully convened, 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 political constitution.

As a direct challenge to colonial authorities of the Spanish empire, the sovereignty was
retroverted to the people, a legal principle underlying the Philippine Revolution. The people
delegated governmental functions to civil servants while they retained actual sovereignty. The 27
articles of Title IV detail the natural rights and popular sovereignty of Filipinos, the enumeration
of which does not imply the prohibition of any other rights not expressly stated. Title III, Article V
also declares that the State recognizes the freedom and equality of all beliefs, as well as the
separation of Church and State. These are direct reactions to features of the Spanish government
in the Philippines, where the friars were dominant agents of the state.

The form of government, according to Title II, Article 4 is to be popular, representative,

alternative, and responsible, and shall exercise three distinct powers-legislative, executive, and
judicial. The legislative power was vested in a unicameral body called the Assembly of
Representatives, members of which are elected for terms of four years. Secretaries of the
government were given seats in the assembly, which meet annually for a period of at least three
months. Bills could be introduced either by the president or by a member of the assembly. Some
powers not legislative in nature were also given to the body, such as the right to select its own
officers, right of censure and interpellation, and the right of impeaching the president, cabinet
members, the chief justice of the Supreme Court, and the solicitor-general.
A permanent commission of seven, elected by the assembly, and granted specific powers by the
constitution, was to sit during the intervals between sessions of the assembly.

Executive power was vested in the president, and elected by a constituent assembly of the
Assembly of Representatives and special representatives.
The president will serve a term of four years without re-election. There was no vice president,
and in case of a vacancy, a president was to be selected by the constituent assembly.

The 1899 Malolos Constitution was never enforced due to the ongoing war. The Philippines was
effectively a territory of the United States upon the signing of the Treaty of Paris between Spain
and the United States, transferring sovereignty of the Philippines on 10 December 1898.

1935: The Commonwealth Constitution

It is worth mentioning that after the Treaty of Paris, the Philippines was subject to the power of
the United States of America, effectively the new colonizers of the country. From 1898 to 1901,
the Philippines would be placed under a military government until a civil government would be
put into place.

Two acts of the United States Congress were passed that may be considered to have qualities of
constitutionality. First was the Philippine of 1902, the first organic law for the Philippine Islands
that provided for the creation of a popularly elected Philippine Assembly. The act specified that
legislative power would be vested in a bicameral legislature composed of the Philippine
Commission as the upper house and the Philippine Assembly as lower house. Key provisions of
the act included a bill of rights for Filipinos and the appointment of two non-voting Filipino
Resident Commissioners of the Philippines as representative to the United States House of
Representatives. The second act that functioned as a constitution was the Philippine Autonomy
Act of 1916, commonly referred to as "Jones Law," which mochfied the structure of the Philippine
government through the removal of the Philippine Commission replacing it with a Senate that
served as the upper house and its members elected by the Filipino voters, the first truly elected
national legislature. It was also this Act that explicitly declared the purpose of the United States
to end their sovereignty over the Philippines and recognize Philippine independence as soon as a
stable government can be established.

In 1932, with the efforts of the Filipino independence mission led by Sergio Osmeña and Manuel
Roxas the United States Congress passed the Hare Hawes-Cutting Act with the promise of
granting Filipinos' independence. The bill was opposed by then Senate President Manuel L
Quezon and consequently, rejected by the Philippine Senate.

By 1934, another law, the Tydings-McDuffie Act, also known as the Philippine Independence Act,
was passed by the United States Congress that provided authority and defined mechanisms for
the establishment of a formal constitution by a constitutional convention. The members of the
convention were elected and held their first meeting on 30 July 1934, with Claro M. Recto
unanimously elected as president.
The constitution was crafted to meet the approval of the United States government, and to
ensure that the United States would live up to its promise to grant independence to the
Philippines.

Primary Source: Preamble of the 1935 Commonwealth

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 secure to themselves and their posterity the blessings of independence
under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution.

The constitution created the Commonwealth of the Philippines, an administrative body that
governed the Philippines from 1935 to 1946. It is a transitional administration to prepare the
country toward its fun achievement or independence. It originally provided for a unicameral
National Assembly with a president and vice president elected to a six-year term without re-
election. It was amended in 1940 to have a bicameral Congress composed of a Senate and a
House of Representatives, as well as the creation of an independent electoral commission, and
imited the term of office of the president and vice president to four years, with one re-election.
Rights to suffrage were originally afforded to male citizens of the Philippines who are twenty-one
years of age or over and are able to read and write; this was later on extended to women within
two years after the adoption of the constitution.

While the dominant influence in the constitution was American, it also bears traces of the
Malolos Constitution, the German, Spanish, and Mexican constitutions, constitutions of several
South American countries, and the unwritten English Constitution.

The draft of the constitution was approved by the constitutional convention on 8 February 1935,
and ratified by then U.S. President Franklin B. Roosevelt on 25 March 1935. Elections were held in
September 1935 and Manuel L. Quezon was elected President of the Commonwealth.
The Commonwealth was briefly interrupted by the events of the World War I, with the Japanese
occupying the Philippines. Afterward, upon liberation, the Philippines was declared an
independent republic on 4 July 1946.

1973: Constitutional Authoritarianism

In 1965, Ferdinand E. Marcos was elected president, and in 1967 Philippine Congress passed a
resolution calling for a constitutional convention to change the 1935 Constitution. Marcos won
the re-election in 1969, in a bid boosted by campaign overspending and use of government
funds. Elections of the delegates to the constitutional convention were held on 20 November
1979, and the convention began formally on ¿ June 1971, with former President Carlos P
Garcia being elected as convention presient, Dinsorunately, he died, and was succeeded by
another former resident, Diosdado Macapagal.

Before the convention fnished ite wark, Martial Law was declared. Marcos cited a growing
communist insurgency as reason for the Martial Law, which was provided for in the 1935
Constitution. Some delegates of the ongoing constitutional convention were placed behind bars
and others went into hiding or were voluntary exiled. With Marcos as dictator, the direction of
the convention turned, with accounts that the president himself dictated some provisions of the
constitution, manipulating the document to be able to hold on to power for as long as he could.
On 29 November 1972, the convention approved its proposed constitution.

The constitution was supposed to introduce a parliamentary-style government, where legislative

power was vested in a unicameral National Assembly, with members being elected to a six-year
term. The president was to be elected as the symbolic and ceremonial head of state chosen from
the members of the National Assembly. The president would serve a six-year term and could be
re-elected to an unlimited number of terms. Executive power was relegated to the Prime
Minister, who was also the head of government and Commander-in-Chief of the Armed Forces
who was also to be elected from the National Assembly.

President Marcos issued Presidential Decree No. 73 setting the date of the plebiscite to ratify or
reject the proposed constitution on 30 November 1973 This plebiscite was postponed later on
since Marcos feared that the public might vote to reject the constitution. Instead of a plebiscite,
Citizen Assemblies were held, from 10-15 January 1973, where the citizens coming together and
voting by hand, decided on whether to ratify the constitution, suspend the convening of the
Interim National Assembly, continue Martial Law, or place a moratorium on elections for a period
of at least several years. The President, on 17 January 1973, issued a proclamation announeing
that the proposed constitution had been ratified by an overwhelming vote of the members of the
highly irregular Citizen Assemblies. The constitution was amended several times. In 1976, Citizen
decided ta allow the continuation of Martial Law, Assemblies, once again, as well as approved the
amendments: an Interim Batasang Pambansa to substitute for the Interim National Assembly, the
president to also become the Prime Minister and continue to exercise legislative powers until
Martial Law was lifted and authorized the President to legislate on his own on an emergency
basis. An overwhelming majority would ratify further amendments succeedingly. In 1980, the
retirement age of members of the judiciary was extended to 70 years. In 1981, the parliamentary
system
was formally modified to a French-style, semi-presidential system where executive power was
restored to the president, who was, once again, to be directly elected; an Executive Committee
was to be created, composed of the Prime Minister and14 others, that served as the presiaents
Caomet, and some electoral reforms were instituted. In 1984, the Executive Committee was
abolished and the position of the vice orestorent was restored.

After all the amendments introduced, the 1973 Constitution was merely a way for the President
to keep executive powers, abolish the Senate, and by any means, never acted as a parliamentary
system, instead functioned as an authoritarian presidential system, with all the real power
concentrated in the hands of the president, with the backing of the constitution.

The situation in the 1980s had been very turbulent. As Marcos amassed power, discontent has
also been burgeoning. The tide turned swiftly when in August 1983, Benigno Aquino Jr.,
opposition leader and regarded as the most credible alternative to President Marcos, was
assassinated while under millitary escort immediately after his return from exile in the United
States. There was widespread suspicion that the orders to assassinate Aquino came from the top
levels of the government and the military. This event caused the coming together of the non-
violent opposition against the Marcos authoritarian regime. Marcos was then forced to hold
"snap" elections a year early, and said elections were marred by widespread fraud. Marcos
declared himself winner despite international condemnation and nationwide protests. A small
group of military rebels attempted to stage a coup, but failed; however, this triggered what came
to be known as the EDSA People Power Revolution of 1986, as people from all walks of life spilled
onto the streets. Under pressure from the United States of America, who used to support Marcos
and his Martial Law, the Marcos family fled into exile. His opponent in the snap elections,
Benigno Aquino Jr's widow, Corazon Aquino, was installed as president on 25 February 1986.

1987: Constitution After Martial Law

President Corazon Aquino's government had three options regarding the constitution: revert to
the 1935 Constitution, retain the 1973 Constitution and be granted the power to make reforms,
or start anew and break from the "vestiges of a disgraced dictatorship." They decided to make
refleconstitution that, according to the president herself, should be "truly reflective of the
aspirations and ideals of the Filipino people."

In March 1986, President Aquino proclaimed a transitional constitution to last for a year while a
Constitutional Commission drafted a permanent constitution. This transitional constitution, called
the Freedom Constitution, maintained many provisions of the old one, including in rewritten
form the presidential right to rule by decree. In 1986, a constitutional convention was created,
composed of 48 members appointed by President Aquino from varied backgrounds and
representations. The convention drew up a permanent constitution, largely restoring the setup
abolished by Marcos in 1972, but with new ways to keep the president in check, a reaction to the
experience of Marcos's rule. The new constitution was officially adopted on 2 February 1987.

The Constitution begins with a preamble and eighteen self-contained articles. It established the
Philippines as a "democratic republican State" where "sovereignty resides in the people and all
government authority emanates from them." It allocates governmental powers among the
executive, legislative, and judicial branches of the government.

The Executive branch is headed by the president and his cabinet, whom he appoints. The
president is the head of the state and the chief executive, but his power is limited by significant
checks from the two other co-equal branches of government, especially during times of
emergency. This is put in place to safeguard the country from the experience of martial law
despotism during the presidency of Marcos. In cases of national emergency, the president may
still declare martial law, but not longer than a period of sixty days. Congress, through a majority
vote, can revoke this decision, or extend it for a period that they determine. The Supreme Court
may also review the declaration of martial law and decide if there were sufficient justifying facts
for the act. The president and the vice president are elected at large by a direct vote, serving a
single six-year term.

The legislative power resides in a Congress divided into two Houses: the Senate and the House of
Representatives. The 24 senators are elected at large by popular vote, and can serve no more
than two consecutive six-year terms. The House is composed of district representatives
representing a particular geographic area and makes up around 80% of the total number of
representatives. There are 234 legislative districts in the Philippines that elect their
representatives to serve three-year terms. The 1987 Constitution created a party-list system to
provide spaces for the participation of under. represented community sectors or groups. Party-list
representatives may fill up not more than 20% of the seats in the House.

Aside from the exclusive power of legislation, Congress may also declare war, through a two
thirds vote in both upper and lower houses. The power of legislation, however, is also subject to
an executive check, as the president retains the power to veto or stop a bill from becoming a law.
Congress may only override this power with a two-thirds vote in both houses.

The Philippine Court system is vested with the power of the judiciary, and is composed of a
Supreme Court and lower courts as created by law. The Supreme Court is a 15-member court
appointed by the president without the need to be confirmed by Congress. The appointment the
president makes, however, is limited to a list of nominees provided by a constitutionally specified
Judicial and Bar Council. The Supreme Court Justices may hear, on appeal, any cases dealing with
the constitutionality of any law, treaty, or decree of the government, cases where questions of
jurisdiction or judicial error are concerned, or cases where the penalty is sufficiently grave. It may
also exercise original jurisdiction over cases involving government or international officials. The
Supreme Court is also in charge of overseeing the functioning and administration of the lower
courts and their personnel.

The Constitution also established three independent Constitutional Commissions, namely, the
Civil Service Commission, a central agency in charge of government personnel; the Commission
on Elections, mandated to enforce and administer all election laws and regulations; and the
Commission on Audit, which examines all funds, transactions, and property accounts of the
government and its agencies.

To further promote the ethical and lawful conduct of the government, the Office of the
Ombudsman was created to investigate complaints that pertain to public corruption, unlawful
behavior of public officials, and other public misconduct. The Ombudsman can charge public
officials before the Sandiganbayan, a special court created for this purpose.

Changing the Constitution is a perennial issue that crops up, and terms such as "Cha-Cha," "Con-
Ass," and "Con-Con" are regularly thrown around. Article XVII of the 1987 Constitution provides
for three ways by which the Constitution can be changed.

Congress (House of Representatives and the Senate) may convene as a Constituent Assembly (or
Con-Ass) to propose amendments to the Constitution. It is not clear, however, if Congress is to
vote as a single body de separately. How the Congress convenes as a Con-Ass is also not provided
for in the Constitution.
Another method is through the Constitutional Convention (or Con-Con), where Congress, upon a
vote of two-thirds of all its members, calls for a constitutional convention. They may also submit
to the electorate the question of callinention. They may ous a majority vote of all its members. In
a Con-Con, a convention propose amendments or revisions to the constitution, not Congress. The
1987 Constitution does not provide for a method by which delegates to the Con-Con are chosen.

The third method is called the "People's Initiative" (or PI). In this method, amendments to the
Constitution may be proposed by the people upon a petition of at least 12% of the total number
of registered voters. All legislative districts must be represented by at least 12% of the registered
votes therein. No amendment is allowed more than once every five years since a successful PI.
The 1987 Constitution directs the Congress to enact a law to implement provisions of the PI,
which has not yet materialized.

Amendments or revision to the constitution shall be valid only when ratified by a majority of the
votes cast in a national referendum.
Only the House of Representatives can initiate the impeachment of the president, members of
the Supreme Court, and other constitutionally protected public officials such as the Ombudsman.
The Senate will then try the impeachment case. This is another safeguard to promote moral and
ethical conduct in the government.

Attempts to Amend or Change the 1987 Constitution

The 1987 Constitution provided for three methods by which the Constitution can be amended, all
requiring ratification by a majority vote in a national referendum. These methods were
Constituent Assembly, Constitutional Convention, and People's Initiative. Using these modes,
there were efforts to amend or change the 1987 Constitution, starting with the presidency of
Fidel V. Ramos who succeeded Corazon Aquino. The first attempt was in 1995, when then
Secretary of National Security Council Jose Almonte drafted a constitution, but it was exposed to
the media and it never prospered. The second effort happened in 1997, when a group called
PIRMA hoped to gather signatures from voters to change the constitution through a people's
initiative. Many were against this, including then Senator Miriam Defensor-Santiago, who brought
the issue to court and won-with the Supreme Court judging that a people's initiative cannot push
through without an enabling law.

The succeeding president, Joseph Ejercito Estrada, formed a study commission to investigate the
issues surrounding charter change focusing on the economic and judiciary provisions of the
constitution. This effort was also blocked by different entities. After President Estrada was
replaced by another People Power and succeeded by his Vice President, Gloria Macapagal-
Arroyo, then House Speaker Jose de Venecia endorsed constitutional change through a
Constituent Assembly, which entails a two-thirds vote of the House to propose amendments or
revision to the Constitution. This initiative was also not successful since the term of President
Arroyo was mired in controversy and scandal, including the possibility of Arroyo extending her
term as president, which the Constitution does not allow.
The administration of the succeeding President Benigno Aquino III had no marked interest in
charter change, except those emanating from different members of Congress, including the
Speaker of the House, Feliciano Belmonte Jr., who attempted to introduce amendments to the
Constitution that concern economic provisions that aim toward liberalization. This effort did not
see the light of day.
Federalism in the Philippines was supported by President Duterte in the 2016 presidential
elections, saying that it will evenly distribute wealth in the Philippines instead of concentrating it
in Manila, the capital of the country. As a form of government, a central governing authority and
constituent political units constitutionally share sovereignty. Applied to the Philippines, the
country will be broken into autonomous regions. Each region will be further divided into local
government units. The regions will have the primary responsibility of industry development,
public safety and instruction, education, healthcare, transportation, and many more. Each region
will also take charge of their own finances, plans for development, and laws exclusive to their
area. The national government, on the other hand, will only handle matters of national interest
such as foreign policy and defense, among others. In this system, it is possible for the central
government and the regions to share certain powers.

Our current system is that of a unitary form, where administrative powers and resources are
concentrated in the national government. Mayors and governors would have to rely on
allocations provided to them throus a proposed budget that is also approved by the national
government, a system prone to abuse.

There are many pros to a federal form of government. Each region may custom fit solutions
problems brought about by their distinct geographic, cultural, social, and economic contexts.
Regions also have more power over their finances, since they handle majority of their income
and only contributes to a small portion to the national government.
They can choose to directly fund their own development projects without asking for the national
government's go signal. A federal system could also promote specialization, since the national
government could focus on nationwide concerns while regional governments can take care of
administrative issues.

A federal form of government could also solve a lot of decade-old problems of the country. It may
be a solution to the conflict in Mindanao, since a separate Bangsamoro region could be
established for Muslim Mindanao.
It could address the inequality in wealth distribution and lessen the dependence to Metro
Manila, since regions can proceed with what they have to do without needing to consider the
situation in the capital.

There are also cons to federalism. While it creates competition among regions, it could also be a
challenge to achieving unity in the country. There might be regions which are not ready to govern
themselves, or have lesser resources, which could mire them deeper in poverty and make
development uneven in the country. There could be issues regarding overlaps in jurisdiction,
since ambiguities may arise where national ends and regional begins, or vice versa. As a proposed
solution to the conflict in Mindanao, we must also remember that the Autonomous Region in
Muslim Mindanao (ARMM) has already been created, and the conflict still continues. Federalism
may not be enough for those who clamor separation.
Any effort to shift the system of government also entails costs, and it would not be cheap. It
would cost billions to dismantle the current system and would take a long time before the system
normalizes and irons out its kinks.

In an upsurge of populism, President Rodrigo Duterte won the 2016 presidential elections in a
campaign centering on law and order, proposing to reduce crime by killing tens of thousands of
criminals. He is also a known advocate of federalism, a compound mode of government
combining a central or federal government with regional governments in a single political system.
This advocacy is in part an influence of his background, being a local leader in Mindanao that has
been mired in poverty and violence for decades. On 7 December 2016, President Duterte signed
an executive order creating a consultative committee to review the 1987 Constitution.