Lesson 10 The Philippine Constitution PDF

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LESSON 4THE PHILIPPINE CONSTITUTIONSA 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 Constitutio...

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LESSON 4 THE PHILIPPINE CONSTITUTIONS 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 1897 CONSTITUTION OF BIAK-NA-BATO The Tejeros Convention held at San Francisco de Malabon in Cavite on March 22. 1697 was the result of the Katipunan revolution. In this convention, the first přesident cdnd vice president (of the Philippines) were elected by the members of the Katipunan. The elected p ne elected president was Emilio Aguinaldo, and the vice president was Mariano Trias. It was on November 1, 1897 that the Republic of Biak-na-Bato (República de Biac-naBató) was established during a meeting held at Biak-na-Bato in the town of San Miguel de Mayumo in Bulacan. This was a De Facto Constitutional Republic. In this meeting, the constitution written bylsabelo Artacho and Felix Ferrer was promulgated by the Katipunan, which acted as Constitutional Assembly. The Constitution of Biak-na-Bato known as the "Constitución Provisional de la República de Filipinas” was short-lived as it operated only from November 1, 1897 to December 14, 1897. The Preamble of the 1897 Constitution of Biak-na-Bato reads, "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 Biac-na-bato, Nov. 1st. 1897, unanimously adopt the following articles for the Constitution of the State." The 1899 Malolos Constitution or the Political Constitution of 1899 (Constitución Política de 1899) was the basic law of the First Philippine Republic whose form of government was unitary semi-presidential constitutional. The Malolos Constitution was the first republican constitution in Asia (Tucker, 2009) written by Felipe Calderón v Roca and Felipe Buencamino after the declaration of Philippine independence from Spainon 12 June 1898.lt was signed into law by the Malolos Congressand promulgated on January 21, 1899. The Malolos Constitution was in operation from January 23, 1899 to March 23, 1901. The salient features of the 1899 Malolos Constitution include the declaration of sovereignty of the people, the enumeration of the basic civil rights, the separation of the Church and State, it provided for the creation of creation of an Assembly of Representatives to act as the legislative body, and a parliamentary republic as the form of government. The Preamble of the 1899 Malolos Constitution reads, "We, the Representatives of the of government. Filipino 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" 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, also known as the "Philippine Bill of 1902", was the first organic law enacted by the US Congress for the Philippines. It provided for the creation of the Philippine Assembly, and a bicameral legislature composed of a Philippine Commission (upper house) and the Philippine Assembly (lower house) were the lawmaking power was vested. Like other constitutions, it also enumerated the bill of rights for the Filipinos and provided for the appointment or two non-voting Filipino Resident Commissioners of the Philippines that would represent the Philippines in the US House of Representatives. Philippine Autonomy Act of 1916, also known as the "Jones Law", amended the structure Lne Philippine government that was provided for in the Philippine Bill of 1902. It removed the Philippine Commission (upper house) and replaced it with the Senate e members were elected by the Filipino voters. Because of this, the Philippines’ first fully elected national legislature came into being. A notable statement of this act was the explicit expression of the United States to grant the Philippines its independence as soon as a stable Philippine government would be established. TYDINGS-MCDUFFIE ACT OF 1934 On March 24, 1934 the United States passed the Tydings-McDuffie Act that allowed the Filipino nation to have a self-government. A ten-year transition period was granted by this Act so that Filipinos could be prepared for self- government and full independence. Unlike the other two acts which could be considered constitution, the Tydings-McDuffie Act of 1934 could not be considered as a constitution, but still a very important document which provided authority and defined mechanisms for the establishment of a formal constitution via a constitutional convention. The eventful day arrived on July 4, 1946, when the United States recognized Philippine independence in the Treaty of Manila. The Philippine-American friendship day is celebrated every 4th of July to commemorate the Philippine independence from the United States of America. THE 1935 PHILIPPINE CONSTITUTION This constitution was written in 1934 with the goal of meeting the United States expectation of political maturity among Philippine leaders so that a full and real independence could be granted by the US. This constitution was promulgated by the 1934 Constitutional Convention and was in operation during the Commonwealth era (1935-1946), until the Third Republic July 4, 1946 January 16, 1973). The Third Republic started with the granting of Philippine independence from US domination on July 4, 1946 to Roxas Administration (1946-48), Quirino

Administration (1948-53), Magsaysay Administration (1953-57), Garcia Administration (195761), and Macapagal Administration (1961-65). During the Commonwealth period, the form of government was Presidential system, with the president serving a six-year term without reelection. It also provided for a unicameral National Assembly. However, in 1940 an amendment was done establishing a Bicameral Congress of the Philippines composed of a Senate and House of Representatives, as well the creation of an independent electoral commission. Moreover, President's term was changed from six years without reelection to a four-year term with a maximum of two consecutive terms in office. In the Third Republic, the 1935 Constitution was still in operation, the form of government of the Philippines was Unitary Presidential Constitutional Republic. Again, an amendment was made in 1947, which provided for the provision of the Parity Rights between the American and the Filipino citizens. The Parity Rights granted the U.S. citizens and corporations equal rights with Filipino citizens over the Philippine natural resources. In 1971, a Constitutional Convention was held to rewrite or revise the 1935 Constitution. However, so much corruption marred the process. In 1972, President Ferdinand Marcos proclaimed martial law to suppress the increasing civil strife and the threat of communist takeover of the government. The proclamation of martial law suspended the 1935 Constitution. Preamble of the 1935 Constitution reads, "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 1943 CONSTITUTION The Preparatory Committee for Philippine Independence (PCPI) promulgated the 1943 Philippine Constitution during the Japanese occupation of the country. Mostly of the members of the PCPI were delegates to the convention that dratted the 1935 Constitution. The constitution was ratified by the popular convention of the KALIBAPI in Manila on September 7, 1943. Following its ratification, the Second Republic was then formally proclaimed. The Second Philippine Republic was a single-party authoritarian republic. José P. Laurel was appointed as President by the National Assembly and was inaugurated into office in October 14, 1943, and Benigno Simeon Aquino Sr. was the Speaker of the National Assembly. The 1943 Constitution was in operation in Japanese-controlled areas of the Philippines from October 14, 1943 to August 17, 1945. However, the United States and the Commonwealth government which was in exile did not recognize the said constitution. Laurel formally dissolved the Second Philippine Republic following the surrender of Japan in World War II. The Preamble of the 1943 Constitution reads: "The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their...