THE METAMORPHOSIS OF

THE PHILIPPINE
CONSTITUTION
 OUTLINE
II. THE METAMORPHOSIS OF THE PHILIPPINE
CONSTITUTION
• The 1897 Constitution of Biak-na-Bato
• The 1899 Malolos Constitution
• Acts of the United States Congress
The 1987 Constitution
• The 1935 Constitution and the Commonwealth Government
• The Japanese Occupation and the Second Philippine Republic (1943
Constitution)
• The 1973 Constitution and the Marcos Dictatorship
• The 1986 Freedom Constitution
• The 1987 Constitution
 BIAK-NA-BATO CONSTITUTION
• 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 cease-fire with the revolutionary
forces.
 BIAK-NA-BATO CONSTITUTION
• 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 Tejeros, 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.
 BIAK-NA-BATO CONSTITUTION
• 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.
 BIAK-NA-BATO CONSTITUTION
• By the end of 1897, Governor-General Fernando Primo de Rivera
accepted the impossibility of quelling the revolution by force of arms.
• Desiring to make peace with Aguinaldo, he sent emissaries to
Aguinaldo seeking a peaceful settlement. Ironically, nothing was
accomplished until Pedro A. Paterno, a known turncoat and a lawyer
from Manila, volunteered to act as negotiator.
• Paterno's efforts led to a peace agreement called the Pact of Biak-na-
Bato. This consisted of three documents, the first two being signed on
December 14, 1897, and the third being signed on December
15,ending the Republic of Biak-na-Bato.
 THE MALOLOS CONSTITUTION
• Following the defeat of Spain 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 and had its inaugural session at Barasoain Church on
September 15. The delegates then convened Congress and elected its
officers. One of its first acts was to ratify the Independence
declaration in Kawit
 THE MALOLOS CONSTITUTION
• 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.
• The constitution was approved by the Malolos Congress on
November 29, 1898 and forwarded to President Aguinaldo for
approval.
 THE MALOLOS CONSTITUTION
• 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 21,1899.
• 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 CONSTITUTION
• 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 Republic, however, was a short-lived government. Its demise
began at the start of the Philippine-American War in February 4, 1899
and ceased to exist with the capture of President Aguinaldo in
Palanan, Isabela in March 23, 1901 and in July 1902,the United States
formally established the first civil government (insular government) in
the islands.
TRIVIA
The Malolos Republic was the first democratic government of the
country and the first republican constitution in Asia
 ACTS OF THE U.S CONGRESS
• From December 10, 1898 to March 24, 1934,the Philippines was a
United States colony. Hence, the Philippines was at this period under
the jurisdiction of the Federal Government of the United States of
America.
• During this period, the U.S. congress passed two acts: Philippine Organic
Act of 1902 and Philippine Autonomy Act of 1916 which established the
structure, procedures, powers and duties of the Philippine government.
• The third act of the United States Congress, Philippine Independence
Act of 1934, provided a mechanism towards the creation and
establishment of a formal constitution.
 ACTS OF THE U.S CONGRESS
Philippine Organic Act of 1902
• “Philippine Bill of 1902” or “Cooper Act”
• Authored by Henry Cooper
• First organic law for the Philippine Islands enacted by the United
States Congress on July 1, 1902 which provided for the creation of the
Philippine Assembly
• Legislative power would be vested in bicameral legislature composed
of the Philippine Commission (upper house) and the Philippine
Assembly (lower house).
 ACTS OF THE U.S CONGRESS
Philippine Autonomy Act of 1916
• “Jones Law” or “Jones Act”
• Authored by William Jones
• Enacted by the United States Congress on August 29, 1916 which
replaced the Philippine Organic Act of 1902
• Removed the Philippine Commission as the legislative upper house
and replacing it with a Senate elected by Filipino voters, creating the
Philippines’ first fully elected national legislature
 ACTS OF THE U.S CONGRESS
Philippine Autonomy Act of 1916
• Philippine Assembly was changed and became the House of
Representatives of the Philippines.
• This act stated that it was and had always been the purpose of the
people of the United States to end their sovereignty over the
Philippine Islands and to recognize Philippine independence as soon
as a stable government can be established therein
 ACTS OF THE U.S CONGRESS
Philippine Independence Act of 1934
• “Tydings–McDuffie Act”
• Authored by Millard Tydings and John McDuffie
• Enacted by the United States Congress on March 24, 1934 which
provided for the drafting and guidelines for the establishment of a
formal constitution via a constitutional convention for a 10-year
“transitional period” government before the granting of
independence. This was known as the Commonwealth Government.
 THE 1935 CONSTITUTION
• 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 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 the same year.
 THE 1935 CONSTITUTION
• • The Constitution was approved by US President Franklin 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.
• 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 1935 CONSTITUTION
• 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.
 THE 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 Co-
Prosperity Sphere program, the Japanese offered to grant the
Philippines its independence.
 THE 1943 CONSTITUTION
• Acting on the orders of the Japanese military, the Kapisanan ng
Paglilingkod sa Bagong Pilipinas or KALIBAPI, a Filipino political party
during the Japanese occupation, convened and created the
Preparatory Committee 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, the Second Philippine Republic was inaugurated with Jose P.
Laurel as President.
 THE 1943 CONSTITUTION
• 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 no legislature was convened. These powers 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
• The 1943 Constitution was recognized as legitimate and binding only
in Japanese-controlled areas in the country. It was ignored by the
United States government and the Philippine Commonwealth
government in-exile.
• It was abolished along with the Second Republic upon the liberation
of the Philippines by the American forces in August 1945 and the re-
establishment of the Commonwealth.
• The United States government granted independence to the
Philippines on July 4, 1946, giving way for the establishment of the
Third Republic