3 DECLARING A NATIONAL POLICY TO IMPLEMENT THE REFORMS MANDATED BY THE PEOPLE, PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW CONSTITUTION. Section 4. Managed by EDP/IT Division of the Presidential Communications Operations Office (PCOO), Official Gazette of the Republic of the Philippines, The 1987 Constitution divided per section, Presidential Communications Operations Office (PCOO). It also establishes the role of the Commission on Human Rights which ensures appropriate legal measures for the protection of human rights of all the persons within the Philippines as well as Filipinos residing abroad. It was ratified on February 2, 1987 by a plebiscite. The newly reformed Philippine revolutionary forces returned to the control of Aguinaldo and the Philippine Declaration of Independence was issued on June 12, 1898. These Constitutional Commissions have different functions. The Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as its president. Its final draft was completed by the Constitutional Commission on October 12, 1986 and was ratified by a nationwide plebiscite on February 2, 1987. The Philippines follows a jus sanguinis system where citizenship is mainly acquired through a blood relationship with Filipino citizens. Some essential provisions are: Article III enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the U.S. Constitution. EVOLUTION OF THE PHILIPPINE CONSTITUTION BIAK NA BATO BIAK NA BATO The First Philippine Constitution. Sovereignty resides in the people and all government authority emanates from them. The original 1935 Constitution provided for a unicameral National Assembly, and the President was elected to a six-year term without the possibility re-election. Securing of the lives among the underprivileged citizens through Urban Land Reforms and Housing. SECTION 4. Sec 9 The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through 1987 Constitution; 1973 Constitution; 1935 Constitution. 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. It provides for the qualification, terms of office, election, and power and functions of the President. Jodesz Gavilan. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights. It follows the pattern in past constitutions, including an appeal to God. 10 on December 7, 2016, creating the Consultative Committee to Review the 1987 Constitution. No. All three methods require ratification by majority vote in a national referendum. Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The 1943 Constitution: as approved by the Preparatory Committee on Philippine Independence, September 4, 1943 and ratified by the KALIBAPI Convention, September 7, 1943. The Philippine Autonomy Act of 1916, sometimes known as the "Jones Law", modified the structure of the Philippine government by removing 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. Through the constitution, three independent Constitutional Commissions, namely the Civil Service Commission, Commission on Elections, and Commission on Audit, were created. I will answer a few: 1. that executive power was restored to the President; that direct election of the President was restored; for an Executive Committee composed of the Prime Minister and not more than 14 members was created to "assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe;" and the Prime Minister was a mere head of the Cabinet. Article VI provides for a bicameral legislature called the Congress composed of the Senate and the House of Representatives. Philippine constitutional law experts recognize three other previous constitutions as having effectively governed the country . members of the Katipunan) were able to take part, and not the general populace. Its final draft was completed by the Constitutional Commission on October 12, 1986 and was ratified by a nationwide plebiscite on February 2, 1987. The 1935 Constitution was written, approved and adopted in 1934 by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic (1946–1972). This was made easier by the Commonwealth government-in-exile never constituting a Supreme Court, and the formal vacancy in the position of Chief Justice for the Commonwealth with the execution of José Abad Santos by the Japanese. Philippines during Spanish times. The guiding principle on education in general shall be the protection and promotion of the right of all citizens to quality education at all levels as well as taking appropriate steps to make education accessible to all. Legislative power was vested in a unicameral National Assembly whose members were elected for six-year terms. The present Constitution of the Philippines: Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987 Constitution of the Republic of the Philippines was presented to President Corazon C. Aquino on October 15, 1986. Laurel was highly regarded by the Japanese for having openly criticized the U.S. for the way that they governed the Philippines and because he had a degree from the Tokyo International University. It also mandates a procedure for overseas and disabled and illiterate Filipinos to vote. b) Provided a Democratic and Republican government c) Inclusion of the Bill of Rights 15. The constitution also paved a way for the establishment of the Office of the Ombudsman, which has a function of promoting and ensuring an ethical and lawful conduct of the government. [15] The 1935 Constitution: as amended on June 18, 1940, and on March 11,  1947. It was amended in 1940 to provide for a bicameral legislature composed of a Senate and a House of Representatives. The Supreme Court is granted the power to hear any cases that deals with the constitutionality of law, about a treaty or decree of the government. Though not a constitution itself, the Hare–Hawes–Cutting Act of 1932 was the precursor the Tydings–McDuffie Act, which laid down the promise of independence to the Philippines after 10 years of transition period and other provisions; however, because of infighting within the Philippine Congress, it was not ratified and only became the basis for the creation of the Tydings–McDuffie Act. The constitution was ratified by a nationwide plebiscite on February 8, 1987. "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 present Constitution of the Philippines: Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987 Constitution of the Republic of the Philippines was presented to President Corazon C. Aquino on October 15, 1986. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. Recognition of the rights of women in workplace for the realization of their full potential in providing service to its nation. Though also not a constitution itself, the Tydings–McDuffie Act of 1934 provided for autonomy and defined mechanisms for the establishment of a formal constitution via a constitutional convention. The 1935 Constitution: as approved by the 1934 Constitutional Convention on February 8, 1935, certified by the President of the United States on March 25, 1935, and ratified by plebiscite on May 14, 1935. This constitution was dominantly influenced by the Americans, but possess the traces of the Malolos Constitution, the German, Spanish, and Mexican Constitution, constitutions of several South American countries, and the unwritten English Constitution. 1987 constitution Philippines: Summary 1. (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The 1943 Constitution provided for strong executive powers. Its key provisions included a bill of rights for the Filipinos and the appointment of two non-voting Filipino Resident Commissioner of the Philippines to represent the Philippines in the United States House of Representatives. The legislative power consists of the Senate and the House of Representatives. 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This act also explicitly stated that it was and always had been the purpose of the people of the United States to renounce their sovereignty over the Philippine Islands and to recognize Philippine independence as soon as a stable government can be established therein. What became known as the Malolos Congress was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering what is called the First Philippine Republic. A later meeting of the revolutionary government established there, held on November 1, 1897 at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan, established the Republic of Biak-na-Bato. The 1973 Constitution , composed of a preamble and 17 articles, provides for the shift from presidential to parliamentary system of government. Its final draft was completed by the Constitutional Commission on October 12, 1986 and was ratified by a nationwide plebiscite on February 2, 1987. Th… It is a codified law that determines the powers and duties of a government and it embodies certain rights of the people. A constitution was drafted by then-Secretary of National Security Council Jose Almonte, but was never completed because it was exposed to the media by different non-government organizations. The Filipino revolutionary leaders accepted a payment from Spain and went to exile in Hong Kong. THE CONSTITUTION OF THE PHILIPPINE COMMONWEALTH by: Quennie Ann J. Palafox The Constitution, whether written or unwritten is recognized as the supreme law of the land as it serves as the basis for the legitimacy of any governmental acts necessary for its existence. Natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect Philippine citizenship. Constitutions of the Countries of the World, 2010-08, Flanz, G.H., Oceana Publ., Dobbs Ferry, NY, USA, ISBN: 978-0-379-00467-0, 244 p. (DOC.NORMES) Constitution on-line Supreme Court Elibrary, Philippines PDF (DOC.NORMES) (consulted on 2010-04-12) Constitution on-line Asian Legal Information Institute (AsianLII) (consulted on 2010-04-12) The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds, including several former members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. SECTION 5. It was largeley modelled on the The Commission finished the final draft on October 12, 1986 and presented it to Aquino on October 15. Full text of 1987, 1973, 1935 and 1899 Constitutions of the Republic of the Philippines. Moreover, this section also lays down salient provisions such as: Article XV establishes the recognition of the state on the Filipino family as the basic foundation of the nation as it shall reinforce and bolster its solidarity and steadily promote its development. 1986 Freedom Constitution; 1943 Constitution; 1916 Philippine Autonomy Act; 1902 Philippine Organic Act; The Malolos Constitution Natural-born citizenship forms an important part of the political system as only natural-born Filipinos are eligible to hold high offices, including all elective offices beginning with a representative in the House of Representatives up to the President. The Commonwealth Constitution was ratified to prepare the country for its independence. Their draft for the republic to be established under the Japanese occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch. It maintained many provisions of the 1973 Constitution, including in rewritten form the presidential right to rule by decree. On May 14, 1935, the Constitution of the Philippines was ratified by a large majority of the Filipino people. Constitution of the Philippines (1935) The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic (1946–1972). All amendments must be ratified in a national referendum. All content is in the public domain unless otherwise stated. We will know how to protect ourselves from enemies. Lino Brocka, a film director and political activist who was a member of the Commission, walked out before the constitution's completion, and two other delegates dissented from the final draft. Article XII lays down the goals and objectives of the Philippine government in terms of wealth distribution, division of goods and services and to offer job opportunities to elevate the lives of Filipino people. The 1973 Constitution was further amended in 1980 and 1981. The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and was based on the first Cuban Constitution. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so. FAST FACTS: 1987 Philippine Constitution. The Philippines, is a republican state. The Sixth Amendment authorized the President to legislate on his own on an "emergency" basis: Whenever in the judgement of the President there exists a grave emergency or a threat or imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land. Attempts to amend or change the 1987 Constitution, Article II – Declaration of Principles and State Policies, 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. en This setup continued until 1935, when the Philippine Independence Act or the "Tydings–McDuffie Act" was passed by the U.S. Congress which granted the Filipinos the right to frame their own constitution in preparation for their independence, wherein they established a unicameral National Assembly of the Philippines, effectively abolishing the Senate. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. [citation needed]. The Americans defeated the Spanish in the Battle of Manila Bay and Aguinaldo was transferred to the Philippines by the United States Navy. The end result was that the final form of the 1973 Constitution – after all amendments and subtle manipulations – was merely the abolition of the Senate and a series of cosmetic rewording. Article X pursues for local autonomy and mandates Congress to enact a law for the local government, now currently the Local Government Code. While the power to appoint justices and judges still reside with the President, the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy, a body composed of the Chief Justice of the Supreme Court, the Secretary of Justice, the Chairs of the Senate and House Committees on Justice, and representatives from the legal profession. Belmonte attempted to introduce amendments to the Constitution focusing on economic provisions aiming toward liberalization. Nosotros los Representantes del Pueblo Filipino, convocados legítimamente para establecer la justicia, proveer a la defensa común, promover el bien general y asegurar los beneficios de la libertad, implorando el auxilio del Soberano Legislador del Universo para alcanzar estos fines, hemos votado, decretado y sancionado la siguiente: The Philippines was a United States Territory from December 10, 1898 to March 24, 1934[26] and therefore was under the jurisdiction of the Federal Government of the United States. In late 1944, President Laurel declared war on the United States and the British Empire and proclaimed martial law, essentially ruling by decree. Philippine constitutional law experts recognize three other previous constitutions as having effectively governed the country — the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. It provided for the creation of a popularly elected Philippine Assembly, and specified that legislative power would be vested in a bicameral legislature composed of the Philippine Commission (upper house) and the Philippine Assembly (lower house). Other Past Constitutions and Organic Acts. The 1986 Freedom Constitution: promulgated by Presidential Proclamation, March 25, 1986. Article V mandates various age and residence qualifications to vote and a system of secret ballots and absentee voting. that the President would become Prime Minister and continue to exercise legislative powers until such time as martial law was lifted. The subject of science and technology was given special attention through the formulation of several provisions on development and research incentives. The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. President Rodrigo Roa Duterte oversaw the possibility of implementing federalism on the country. The preamble and eighteen self-contained articles with a section numbering that resets for every article. The Preparatory Committee for Philippine Independence tasked with drafting a new constitution was composed, in large part, of members of the prewar National Assembly and of individuals with experience as delegates to the convention that had drafted the 1935 Constitution. This section also provides important provisions such as: Article XIII divulge the utmost responsibility of the Congress to give the highest priority in enactments of such measures which protects and enhances the rights of all the people to human dignity through affirming that present social, economic and political inequalities as well as cultural inequities among the elites and the poor shall be reduced or removed in order to secure equitable welfare and common good among Filipino people. Later on, because of this legitimation by the Supreme Court, Marcos and his supporters would claim that his regime was one of constitutional authoritarianism. Protection of labor, be it local or overseas in order to promote full employment and equal opportunities for all. Article VII provides for a presidential form of government where the executive power is vested on the President. The old American-derived terminology was replaced by names more associated with a parliamentary government: for example, the House of Representatives became known as the "Batasang Pambansâ" (National Assembly), departments became "ministries", and their cabinet secretaries became known as "cabinet ministers", with the President's assistant – the Executive Secretary – now being styled as the "Prime Minister". Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it. According to manner of amendment is the last category that comprises both flexible and rigid constitutions. 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. Article XI establishes the Office of the Ombudsman which is responsible for investigating and prosecuting government officials. It was written with an eye to meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence. The 1897 Constitution of Biak-na-Bato . However, the 1943 Constitution was not taught in schools, and the laws of the 1943–44 National Assembly were never recognized as valid or relevant. 101083)", Understanding the Second Philippine Republic, "Judicial activist faces 'Don Quixote of federalism, "Cuban Constitutionalism and Rights: An Overview of the Constitutions of 1901 and 1940", Summary: Sanidad vs. Commission on Elections (GR L-44640, 12 October 1976), Some Readings as the Constitution turns 25, National Intelligence Coordinating Agency, https://en.wikipedia.org/w/index.php?title=Constitution_of_the_Philippines&oldid=991699888, All Wikipedia articles written in American English, Articles to be expanded from February 2020, Articles with empty sections from February 2020, Articles needing additional references from February 2013, All articles needing additional references, Articles with unsourced statements from March 2016, Creative Commons Attribution-ShareAlike License. Section 2. It was proclaimed in force on February 11, 1987. The task of the Supreme Court is to review whether a declaration of martial law is just. Local Government Accountability of Public Officers National Economy and Patrimony Social Justice and Human Rights Education, Science and … the power of the purse,[12] the power of taxation,[13] and the power of eminent domain.[14]. • 1898 - the Philippines was ceded by Spain to United States by the Treaty of Paris • Provisional Constitution - By its very nature, the Provisional Constitution self-destruct upon the • The Judiciary - the Royal Audencia, established in 1853 was the Supreme Court of the ratification and effectivity of the new constitution on Feb. 2, 1987. It is also tasked to administrate the function of the lower courts. The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States, the Commonwealth of the Philippines, or the guerrilla organizations loyal to them. REPUBLIC OF THE PHILIPPINES PROCLAMATION NO. It also vests upon the Congress the power to impeach the President, the Vice President, members of the Supreme Court, and the Ombudsman. The Jones Law of 1916: enacted into law by the United States Congress on August 29, 1916. From October 16–17, 1976, a majority of barangay voters (also called "Citizens' Assemblies") approved that martial law should be continued and ratified the amendments to the Constitution proposed by President Marcos.[29]. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections. The Philippine Constitution is important because it protects our rights.It enables us to have justice and live a beautiful life. The Supreme Court ruled that the initiative not continue, stating that a People's Initiative requires an enabling law for it to push through.[5]. [19] It is known as the "Constitución Provisional de la República de Filipinas", and was originally written in and promulgated in the Spanish and Tagalog languages.[20]. Several issues were of particular contention during the Commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of U.S. bases in Clark and Subic, and the integration of economic policies into the constitution. The State shall exercise reasonable supervision and regulation of all educational institutions, whether public or private. The Prime Minister was to be the head of government and Commander-in-Chief of the Armed Forces. While the 1973 Constitution ideally provided for a true parliamentary system, in practice, Marcos made use of subterfuge and manipulation in order to keep executive powers for himself, rather than devolving these to the Assembly and the cabinet headed by the Prime Minister. Is the last category that comprises both flexible and rigid constitutions majority vote in a national referendum States.! Follows a jus sanguinis system where citizenship is mainly acquired through a relationship. 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