Constitutional history of the Philippines

Introduction
The Republic of the Philippines sits on an archipelago in Southeast Asia and consists of 7,107 islands with a total area of 300,000 square kilometres. It is located
at the intersection of several bodies of water: it is bounded by the Pacific Ocean in the north, the South China Sea in the west, the Sulu and Celebes Seas in the
south, and the Philippine Sea in the east. Over 90 million people live on the islands, some 12 million of whom live in the capital region, Metro Manila. Most of the
people on the islands are of the same racial stock as the Malays and the Indonesians, but a Chinese minority (around 1.5%) make up an influential part of the
Philippine economy. There are eight major languages and close to a hundred dialects.

Constitutional history
The Philippines had long been used as a trading port in Asia, and this led to their colonization by the Spanish and later by the Americans. The Spanish converted
most of the population to Catholicism and the religion remains the dominant one in the country. During the later part of more than 300 years of Spanish rule,
nationalist sentiment began to grow among groups of Indios (which was how the Spanish referred to the Filipinos), fuelled in large measure by the writings of
national hero Jose Rizal (later executed by the Spanish authorities) and other ilustrados (the Filipino intellegensia). A revolution was launched against Spain and
the revolutionaries declared Philippine independence in Kawit, Cavite on June 12, 1898. 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. In the Spanish-American War of 1898, the revolutionaries sided with the Americans, hoping that, with the defeat of Spain, independence would
be granted by the US to the Philippines. This, however, did not happen. After Spain ceded (or sold) the islands to the United States in the Treaty of Paris, the US
immediately proceeded to brutally suppress the Philippine independence movement.

In 1916, the US passed the Jones Act which specified that independence would only be granted upon the formation of a stable democratic government modelled
on the American model, not the French model as the previous constitution had been. The US approved a ten-year transition plan in 1934 and drafted a new
constitution in 1935. World War II and the Japanese invasion on December 8, 1941, however, interrupted that plan. After heroic Filipino resistance against
overwhelming odds finally ended with the fall of Bataan and Corregidor in 1942, a Japanese republic was established, in reality, a period of military rule by the
Japanese Imperial Army. A new constitution was ratified in 1943 by Filipino collaborators who were called the Kapisanan sa Paglilingkod ng Bagong Pilipinas
(Kalibapi). An active guerilla movement continued to resist the Japanese occupation. The Japanese forces were finally defeated by the Allies in 1944 and this sorry
chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution, which featured a political system virtually identical to the American one,
became operative. The system called for a President to be elected at large for a 4-year term (subject to one re-election), a bicameral Congress, and an
independent Judiciary.

Independence to martial law

From the moment of independence, Filipino politics have been plagued by the twin demons of corruption and scandal. Notwithstanding, Presidents Ramon
Magsaysay (1953-57), Carlos Garcia (1957-61), and Diosdado Macapagal (1961-65) managed to stabilize the country, implement domestic reforms, diversify the
economy, and build Philippine ties not only to the United States, but also to its Asian neighbours.

Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first president to be so re-elected. Desirous of remaining in power beyond his
legal tenure, he declared martial law in 1972, just before the end of his second and last term, citing a growing communist insurgency as its justification. He then
manipulated an ongoing Constitutional Convention and caused the drafting of a new constitution the 1973 Constitution which allowed him to rule by decree
until 1978 when the presidential system of the 1935 Constitution was replaced with a parliamentary one. Under this new system, Marcos held on to power and
continued to govern by decree, suppressing democratic institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but Marcos continued to
rule by the expedient of being re-elected in a farce of an election to a new 6-year term. He continued to suppress dissent and thousands of vocal objectors to his
rule either mysteriously disappeared or were incarcerated. Despite economic decline, corruption allowed Marcos and his wife Imelda to live extravagantly, causing
resentment domestically and criticism internationally.

The peoples choice

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983, widespread outrage forced Marcos to hold snap elections a year
early. The election was marked by fraud on the part of Marcos and his supporters but Marcos had himself declared the winner constitutionally, amidst international
condemnation and nationwide domestic protests. A small band of military rebels tried to mount a coup, which failed because of its discovery, but this triggered what
became internationally celebrated as the People Power revolution, when droves of people spilled out onto the streets to protect the rebels, eventually numbering
well over a million. Under pressure from the United States, Marcos and his family fled into exile. His election opponent, Benigno Aquino Jr.s widow Corazon, was
installed as president on February 25, 1986.

The 1987 Constitution

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people for so long. In March, she issued a unilateral proclamation
establishing a provisional constitution. This constitution gave the President broad powers and great authority, but Aquino promised to use them only to restore
democracy under a new constitution. This new constitution was drafted in 133 days by an appointed Constitutional Commission of 48 members and ratified by the
people in a plebiscite held on February 2, 1987. It was largely modelled on the American Constitution which had so greatly influenced the 1935 Constitution, but it
also incorporated Roman, Spanish, and Anglo law.

The 1987 Constitution established a representative democracy with power divided among three separate and independent branches of government: the Executive,
a bicameral Legislature, and the Judiciary. There were three independent constitutional commissions as well: the Commission on Audit, the Civil Service
Commission, and the Commission on Elections. Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil and and political
rights, and it provided for free, fair, and periodic elections. In comparison with the weak document that had given Marcos a legal fiction behind which to hide, this
Constitution seemed ideal to many Filipinos emerging from 20 years of political repression and oppression.

Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the head of the state and the chief executive, but he is subject to
significant checks from the other branches, especially in times of emergency, which, given the history of the country, was obviously intended to be a safeguard
against a repeat of Marcos martial law despotism. For example, in cases of national emergency, the President can still declare martial law, but not for a period
longer than 60 days. Congress can revoke this decision by a majority vote, or it can also extend it for a period to be determined by the Congress. Additionally, the
Supreme Court can review the declaration to decide if there were sufficient facts to justify martial law. The President can grant pardons and amnesty. He is also
empowered to make or accept foreign loans. He cannot, however, enter into treaties without the consent of the Senate. The President and Vice-President are
elected at large by a direct vote, but the President may only serve one 6-year term. The Cabinet, consisting of the Presidents advisers and heads of departments,
is appointed by the President and it assists him in his governance functions.

Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House of Representatives. The 24 members of the Senate are
elected at large by a popular vote and can serve no more than two consecutive 6-year terms. The House is composed of 250 elected members. Most of these
Representatives are elected by district for 3-year terms, but 20% of the total membership is chosen in proportion to party representation. Besides the exclusive
power to legislate, one of the most important powers of Congress is the ability to declare war, which it can through a two-thirds vote in both houses. Even the
power to legislate, however, is subject to an executive check. The President retains the power to veto a bill passed by both houses, and Congress may override
this veto only with a two-thirds vote in both houses.
Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a Supreme Court and lower courts created by law. The
Supreme Court is a 15-member court appointed by the President without need for confirmation by Congress. Appointment, however, is limited to a list of nominees
presented to the President by a constitutionally-specified Judicial and Bar Council. This Council consists of 7 members: the Chief Justice of the Supreme Court,
the Secretary of Justice, a representative from Congress, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a
representative of the private sector. The first four serve for four years, the law professor for three, the retired Justice for two, and the private sector representative
for one year. 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 also is charged with overseeing the functioning and administration of the lower courts and their
personnel.

Government oversight bodies

The Constitution also establishes three independent Constitutional Commissions. The Civil Service Commission acts as a central agency in charge of government
personnel. The Commission on Elections enforces and administers all election laws and regulations to ensure that they are free and fair for all involved. Finally, the
Commission on Audit examines all funds, transactions, and property accounts of the government and its agencies. Each of these Commissions is given governing
and financial autonomy from the other branches of government to ensure unbiased decision-making. All decisions made by these Commissions are reviewable by
the Supreme Court. To further ensure the ethical and lawful functioning of the government, the Constitution also creates an Office of the Ombudsman to investigate
complaints regarding public corruption, unlawful behaviour of public officials, and other public misconduct. The Ombudsman can then charge such misbehaving
public officials before a special court called the Sandiganbayan. The Ombudsman is also independent administratively and financially from the other branches of
government, although the President is vested with the power to appoint the Ombudsman and his Deputies (from a list also prepared by the Judicial and Bar
Council) for single 7-year terms. Only the House has the power to initiate impeachment of the President, the members of the Supreme Court, and a few other
constitutionally protected public officials like the Ombudsman. The Senate is then supposed to try the impeachment case. Each of these aforementioned
independent agencies was created for the purpose of promoting moral and ethical conduct in government.

System of Government under 1987 Constitution

Branch Hierarchy Appointment Powers Removal

Executive
President Elected by a direct vote
Nominates the Upon the
Cabinet Cabinet and other high end of 6 year
Nominated by the President officials term
and confirmed by a commission on
appointments Head of Government Upon
resignation
Ensures faithful
execution of the laws Upon
impeachment by
Commander-in-Chief the legislature
Branch Hierarchy Appointment Powers Removal

of the Armed Forces Upon

removal by the
Contracts for foreign President
loans
Upon
Declares martial law resignation

Advises the President

Legislative
Senate
Elected by a direct vote Election monitoring Upon
House of resignation
Representatives
Introduces and
passes legislation by a Upon the
Elected by districts or a majority vote end of a 6 - year
party-list system term
Conductes inquiries in
pursuit of passing legislation

Declares war with Upon

joint two-thirds vote of resignation
Congress
Upon the
end of a 3- year
term
Election monitoring

Introduces and
passes legislation

Introduces and
 Branch Hierarchy Appointment Powers Removal

passes financial legislation

Conduct inquiries in
pursuit of passing legislation

Declaring war with

joint two-thirds vote of
Congress

Judicial
Supreme Court
Appointed by the President Administrative Upon
supervision over other courts resignation

Jurisdiction over Upon

cases involving ambassadors reaching the age
and public officials of 70

Constitutional review

Issues and Challenges

Issues Challenges

Economic development how to ensure that economic growth also benefits
the poorer classes?
Minority rights how to ensure multi-ethnicity and pluralism for religious and
ethnic minorities?
Corruption
Poor law enforcement and an ineffective justice system
Lack of transparency and accountability in public office

De-concentration of power how to reduce the considerable power of the Polarization between the few who are wealthy and the many who
political and economic elites and give more actual power to the people? are poor

Better governance how to make government more effective in meeting the Weak actual protection of the human rights of vulnerable groups
Issues Challenges

nations aspirations? (women, children, minorities, journalists, political activists)

Spreading growth how to have more even regional development? Involvement of the military in political questions

Ending the Muslim insurgency in southern Mindanao

Timeline
1542 Spanish claim the islands
1898 Spain cedes the Philippines to the US
1902 US establishes civil government to replace military rule
1935 The Commonwealth of the Philippines is established under President Manuel Quezon and the US promises independence in 10 years
1941 Japanese forces invade the islands
1944 The US retakes the islands
1946 The US grants the new Republic of the Philippines full independence
1965 Ferdinand Marcos becomes President
1969 Marcos is reelected despite allegations of elections fraud, Vietnam protests begin, Muslim separatists begin guerrilla war in the south
1972 Marcos declares martial law, suspends parliaments, arrests opposition leaders, and imposes censorship regulations
1973 New constitution adopted granting Marcos broad powers
1981 Marcos wins reelection, martial law lifted
1983 Oppoisiton leader Benigno Aquino killed as he returns to the Philippines from exile
1986 Marcos opposed in elections by Aquinos widow Corazon, mass protests of election results in favour of Marcos forces him into exile
11 February 1987 New Constitution passed
1992 Aquino replaced as President by defence minister Fidel Ramos
1996 Peace agreement signed with Muslim separatist group
1998 Joseph Estrada, former film star, elected President
January 2000 Impeachment trial against Estrada suspended, leading to mass protests which replace Estrada with Vice-President Gloria Arroyo
April 2001 Estrada found guilty of stealing more than 80 million dollars of state funds during Presidency, but later pardoned
June 2004 Arroyo elected to Presidency
2005 Arroyo resists attempt to impeach her under allegations of vote-rigging, declares a state of emergency in response to an alleged military coup
2007-2009 Ethnic tensions mount between Islamic separatist groups and Christian majority
June 2010 Beningo Noynoy Aquino, son of Corazon Aquino, elected President
*Developed with input from Dr Florangel Braid (former member of the Constitutional Commission) and Rene Azurin
EVOLUTION OF THE PHILIPPINE CONSTITUTION

The Philippines has had a total of six constitutions since the Proclamation of Independence on June 12, 1898. In 1899, the Malolos Constitution, the first Philippine
Constitutionthe first republican constitution in Asiawas drafted and adopted by the First Philippine Republic, which lasted from 1899 to 1901.

During the American Occupation, the Philippines was governed by the laws of the United States of America. Organic Acts were passed by the United States
Congress for the administration of the Government of the Philippine Islands. The first was the Philippine Organic Act of 1902, which provided for a Philippine
Assembly composed of Filipino citizens. The second was the Philippine Autonomy Act of 1916, which included the first pledge of Philippine independence. These
laws served as constitutions of the Philippines from 1902 to 1935.

In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters for the creation of a constitution for the Philippines. The
Act mandated the Philippine Legislature to call for an election of delegates to a Constitutional Convention to draft a Constitution for the Philippines. The 1934
Constitutional Convention finished its work on February 8, 1935. The Constitution was submitted to the President of the United States for certification on March 25,
1935. It was in accordance with the Philippine Independence Act of 1934. The 1935 Constitution was ratified by the Filipino people through a national plebiscite, on
May 14, 1935 and came into full force and effect on November 15, 1935 with the inauguration of the Commonwealth of the Philippines. Among its provisions was
that it would remain the constitution of the Republic of the Philippines once independence was granted on July 4, 1946.

In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines. The legislature was changed from a unicameral assembly to a bicameral
congress. The amendment also changed the term limit of the President of the Philippines from six years with no reelection to four years with a possibility of being
reelected for a second term.

During World War II the Japanese-sponsored government nullified the 1935 Constitution and appointed Preparatory Committee on Philippine Independence to
replace it. The 1943 Constitution was used by the Second Republic with Jose P. Laurel as President.

Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect. The Constitution remained unaltered until 1947 when the Philippine
Congress called for its amendment through Commonwealth Act No. 733. On March 11, 1947 the Parity amendment gave United States citizens equal rights with
Filipino citizens to develop natural resources in the country and operate public utilities. The Constitution, thereafter, remained the same until the declaration of
martial law on September 23, 1972.

Before President Marcos declared Martial Law, a Constitutional Convention was already in the process of deliberating on amending or revising the 1935
Constitution. They finished their work and submitted it to President Marcos on December 1, 1972. President Marcos submitted it for ratification in early January of
1973. Foreseeing that a direct ratification of the constitution was bound to fail, Marcos issued Presidential Decree No. 86, s. 1972, creating citizens assemblies to
ratify the newly drafted constitution by means of a Viva Voce vote in place of secret ballots. Marcos announced that it had been ratified and in full force and effect
on January 17, 1973. Although the 1973 Constitution had been ratified in this manner, opposition against it continued. Chief Justice Roberto V. Concepcion in his
dissenting opinion in the case of Javellana v. Executive Secretary, exposed the fraud that happened during the citizens assembly ratification of the 1973
Constitution on January, 10 15, 1973. However, the final decision of this case was that the ratification of the 1973 Constitution was valid and was in force.
When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3, suspending certain provisions of the 1973 Constitution and
promulgating in its stead a transitory constitution. A month later, President Aquino issued Proclamation No. 9, s. 1986, which created a Constitutional Commission
tasked with writing a new charter to replace the 1973 Constitution. The commission finished its work at 12:28 a.m. of October 16, 1986. National Plebiscite was
held on February 2, 1987, ratifying the new constitution. On February 11, 1987, by virtue of Proclamation No. 58, President Aquino announced the official
canvassing of results and the ratification of the draft constitution. The 1987 Constitution finally came into full force and effect that same day with the President,
other civilian officials, and members of the Armed Forces swearing allegiance to the new charter.

COMMEMORATION OF CONSTITUTION DAY

For every constitutional change the Philippines has experienced, a corresponding proclamation was issued in order to celebrate the date that each charter was put
into full force and effectwith the exception the 1943 Constitution.

President Emilio Aguinaldo issued the first proclamation that celebrated the effectiveness of a constitution in 1899 on January 23, 1899. In the Proclamation,
President Aguinaldo ordered the release of Spanish prisoners under the custody of the Philippine revolutionary forces, to mark the inauguration of the First
Philippine Republic. No subsequent proclamations were issued because of the outbreak of the Philippine-American War and the fall of the First Philippine
Republic in 1901.

When the United States Congress authorized the creation of a constitution for the Philippines in accordance with the Tydings-Mcduffie Act of 1934, a Constitutional
Convention was established to draft a charter for the Philippines and it finished its work on February 8, 1935. On the inauguration of the Commonwealth of the
Philippines on November 15, 1935, the new charter came into full force and effect. A year later, President Manuel L. Quezon issued Proclamation No. 36, s. 1936,
declaring the 8th of February of every year as Constitution Day to commemorate the completion of the 1934 Constitutional Conventions task. This commemoration
was observed throughout the Commonwealth of the Philippines and the Third Republic, up until the declaration of martial law on September 23, 1972. (President
Ferdinand E. Marcos reiterated President Quezons original proclamation by issuing Proclamation No. 10, s. 1966.)

In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a new charter, the 1973 Constitution. In commemoration, President Marcos,
repealed President Quezons Proclamation No. 36, s. 1936, by virtue of Proclamation No. 1219, s. 1973, which moved Constitution Day from February 8 to
January 17 of every year. This proclamation commemorated the day when President Marcos certified that the new Constitution had been ratified. Constitution day
was commemorated until the end of President Marcos term but was overshadowed by the Proclamation making September 21 st of every year Thanksgiving day,
the date indicated on Presidential Proclamation No. 1081, s. 1972: Martial law, however, was actually declared two days later when President Marcos announced it
through nationwide television.

When democracy was restored in 1986, the 1973 Constitution was replaced by first the freedom constitution, also known as Proclamation No. 3, s. 1986, then our
current constitution, the 1987 Constitution. This constitution came into full force and effect on February 11, 1987, after President Corazon C. Aquino issued
Proclamation No. 58, s. 1987. The proclamation issued by President Aquino included the results of the plebiscite held on February 2, 1987.

After the ratification of the 1987 Constitution, President Aquino issued Proclamation No. 211 s, 1988, which moved the commemoration of Constitution Day from
January 17 to February 2 of every yeara proclamation still in effect to this day.