P HILIP PIN E C O N S TIT U TI O N {WEEK 11} THE PHILIPPINE CONSTITUTION
A CONSTITUTION is a set of fundamental
principles or established precedents according to which a state or other organization is governed. It symbolizes the country's freedom and independence. . The Philippine Constitution has evolved since 1897: the 1897 Constitution of Biak-na-Bato, the 1899 Malolos Constitution, Acts of the United States Congress (Philippine Organic Act of 1902, Philippine Autonomy Act of 1916, and Tydings-McDuffie Act of 1934), the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution. THE EVOLUTION OF THE CONSTITUTION
THE 1935 CONSTITUTION
1935
1899 1943 THE MALOLOS THE 1943 CONSTITUTION CONSTITUTION THE EVOLUTION OF THE CONSTITUTION
THE 1987 THE 1973 CONSTITUTION CONSTITUTION 1987 1973
1986 THE 1986 CONSTITUTION The 1897 Pact of Biak-Na- Bato The Tejeros Convention, held in San Francisco de Malabon in Cavite, on March 22, 1897, was a significant event in the Katipunan revolution. During this meeting, Emilio Aguinaldo was elected as the first president, and MOariano Trias as vice president of the Philippines. On November 1, 1897, the Republic of Biak-na-Bato was established in Biak-na-Bato, San Miguel de Mayumo, Bulacan. This de facto constitutional republic was based on a constitution written by Isabelo Artacho and Felix Ferrer, known as the Constitucion Provisional de la Republica de Filipinas, but the Republic lasted only from November 1 to December 14, 1897. The 1899 Malolos Constitution, also known as the Political Constitution of 1899 (Constitucion Politica de 1899), served as the fundamental law of the First Philippine Republic, establishing a unitary, semi-presidential constitutional government. It was the first republican constitution in Asia, written by Felipe Calderon y Roca and Felipe Buencamino, following the Philippine Declaration of Independence on June 12, 1898. Signed into law by the Malolos Congress, it was promulgated on January 21, 1899, and operated from January 23, 1899, to March 23, 1901. ACTS OF THE UNITED STATES CONGRESS (1898 -1934) ACTS OF THE UNITED STATES CONGRESS
PHILIPPINE PHILIPPINE TYDINGS
ORGANIC ACT AUTONOMY MCDUFFIE OF 1902 ACT OF 1916 ACT OF 1934 The Acts of the United States Congress was in operation from December 10, 1898 to March 24, 1934, since the Philippines was a territory of the United States during these periods because of the Treaty of Paris which transferred the sovereignty from Spain to the United States. The acts, such as the Philippine Organic Act of 1902, the Philippine Autonomy Act of 1916, and the Tydings-McDuffie Act of 1934, passed by the United States congress were considered as the Philippine constitutions because they provided for the fundamental political principles and established the structure, procedures, powers and duties of the Philippine government. *PHILIPPINE ORGANIC ACT OF 1902 (PHILIPPINE BILL OF 1902): First organic law enacted by the US Congress for the Philippines. Provided for the creation of the Philippine Assembly Established a bicameral legislature Upper House: Philippine Commission. Lower House: Philippine Assembly. *PHILIPPINE ORGANIC ACT OF 1902 (PHILIPPINE BILL OF 1902): Enumerated the Bill of Rights for Filipinos. .
Provided for the appointment of two non-
voting Filipino Resident Commissioners to represent the Philippines in the US House of Representatives. ILIPP IN E A UT ON OM Y PH 19 16 (JO NE S LA W) ACT OF know as (Jones Law):
Amended the government structure
established by the Philippine Bill of 1902.
Created the Senate, with members
elected by Filipino voters. ILIPP IN E A UT ON OM Y PH 19 16 (JO NE S LA W) ACT OF Introduced the Philippines' first fully elected national legislature Law Amended the government structure establishedIncluded an explicit statement of the United States' intention to grant Philippine independence once a stable government was established by the Philippine Bill of 1902. TYDINGS MCDUFFIE ACT OF 1934 March 24, 1934: The United States passed the Tydings-McDuffie Act, granting the Philippines self-government. Not considered a constitution like the earlier acts but a significant document The Act provided a 10-year transition period to prepare for full independence. July 4, 1946: The United States recognized Philippine independence through the Treaty of Manila.
Philippine-American Friendship Day is
celebrated every July 4 to commemorate this independence.
It authorized the establishment of a formal
constitution via a constitutional convention. introduction to the 1935 constitution 1. Written in 1934 to 3. Promulgated by: 1934 meet U.S. Constitutional expectations for Convention Philippine political maturity.
2. Grant full 4. Period of Operation:
independence to the Commonwealth Era Philippines after proving (1935-1946) and its governance capacity. Third Republic (1946- 1973). government during the commonwealth era 1. Form of Government: Presidential system 3. Legislature: A unicameral National Assembly. 2. President's Term: 6 years, no reelection. amendments and changes (1940) 1. Bicameral Congress: Senate and House of Representatives 2. Electoral Commission: Created for independent elections. 3. President's Term: Changed to 4 years, with a maximum of two consecutive terms The Filipino pe ople, imploring the a id of Divine Providence, in order to establish a gov ernment that shall embody t heir ideals, the 1935 conserve and patrimony of th develop the e nation, promote the ge preamble welfare, and se themselves an neral cure to d their posterity the b lessings of independence under a régime of justi ce, liberty, and democracy, do ordain and promulgate thi s Constitution. THE 1943 CONSTITUTION The 1943 Philippine Constitution was promulgated by the Preparatory Committee for Philippine Independence (PCPI) during the Japanese occupation.
It was ratified on September 7, 1943, by the KALIBAPI
convention in Manila
Proclamation of the Second Republic: The Second
Philippine Republic was established with José P. Laurel as the President. Authoritarian Government: The Second Republic was a single-party authoritarian state.
President & National Assembly:
José P. Laurel was the President.
Benigno Simeon Aquino Sr. was the Speaker of the
National Assembly. The 1943 Constitution was in The U.S. and effect only in the Japanese- Commonwealth controlled areas of the governments did not Philippines, from October 14, recognize it. 1943, to August 17, 1945.
The Second Republic was dissolved after
Japan’s surrender in World War II. OVERVIEW Promulgated by the 1973 Constitutional Convention after Marcos declared Martial Law. Ruled the Fourth Philippine Republic from January 17, 1973 to February 22, 1986. Establishes a unicameral legislature and defines the roles of the President and Prime Minister. STRUCTURE OF GOVERNMENT PRESIDENT 1. Elected by the National Assembly. 2. Six-year term. 3.Ceremonial head of state PRIME MINISTER 1. Elected from the National Assembly
2. Head of government and Commander-in-
Chief of the Armed Forces. LEGISLATURE 1. Unicameral, with members serving six-year terms AMENDMENTS Unicameral, with members serving six-year 1976 terInterim National Assembly replaced by Interim Batasang Pambansa. President becomes the Prime Minister President can legislate on an "emergency" basis.
1980 Judiciary retirement age extended to 70
years. AMENDMENTS Shift to a semi-presidential system 1981 (French-style). President regains executive power and is directly elected. Prime Minister reduced to head of the Cabinet.
Executive committee abolished.
1984 Vice-President position restored. 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 1986 FREEDOM CONSTITUTION Background Issued after the 1986 People Power Revolution. President Ferdinand Marcos was compelled to step down. Proclamation No. 3 issued by President Corazon Aquino. Served as a provisional constitution. Adopted selected provisions from the 1973 Constitution. KEY PROVISION OF Our Team PROCLAMATION N0.3 POWERS GRANTED Adopted selected provisions from the 1973 Constitution.
Harumi Removal of Mariana officials. Kimberly Kobayashi Napolitani Nguyen Appointment of a commission to draft a new formal constitution. KEY PROVISION OF Our Team PROCLAMATION N0.3 GOALS Transition to democracy.
Restoration of peace, order, and
confidence in governance Harumi Mariana Kimberly Protection ofNapolitani Kobayashi basic human rights and Nguyen freedoms. Eradication of graft and corruption. PROCLAMATION HIGHLIGHTS OPENING DECLARATION: “The new government was installed through a direct exercise of the power of the Filipino people.”
TRANSITION FOCUS: Respect for basic rights.
Supremacy of civilian authority over the
military. Swift transition to a new formal constitution. PROCLAMATION HIGHLIGHTS PRESIDENT AQUINO’S ROLE
Proclaimed as the authority under the
sovereign mandate of the Filipino people. OVERVIEW DRAFTING PROCESS: Mandated by Proclamation No. 3 (Freedom Constitution). Mandated by Proclamation No. 3 (Freedom Constitution).Drafted by a 50-member constitutional assembly appointed by President Corazon Aquino. NOTABLE MEMBERS:
Former House Representatives, Supreme Court
Justices, political activists, and religious leaders. OVERVIEW Cecilia Muñoz-Palma: Elected president of the assembly.
1992–1998: Fidel Ramos 1998–2001: Joseph Estrada 2001–2010: Gloria Macapagal- Arroyo 2010–2016: Benigno Aquino III 2016–Present: Rodrigo Duterte 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.” Thank You
