Brief Constitutional History
the Philippines.
 Inhabitants of the Philippines originally
consisted of disparate tribes scattered
throughout its more than 700 islands.
 Tribes were generally free and each are
governed by a system of laws.
 Promulgated by Datu
 Bound also by commercial ties before being
conquered by foreign power such as
Madjapahit and Shri-Visayan Empires.
 1521 – discovery of Philippines by Magellan
 Spanish rule lasted for 300 years
 Occurrence of abuses of the government
and the friars
The Malolos Constitution
 1896 – Philippine Revolution
 June 12, 1898 – proclamation of Philippine
independence
 September 15, 1898 – Revolutionary Congress
convened at Barasoain Church, Malolos,
Bulacan.
 3 drafts submitted namely:
- Drafts of Pedro Paterno
- Apolinario Mabini
- Felipe Calderon
 October 8, 1898 – Calderon Proposal was
reported to the Congress
 November 29,1898 – Congress approved the
proposed Constitution
 December 23, 1898 – President Emilio
Aguinaldo approved the same
 January 20, 1899 – Congress ratified
 January 21, 1899 – Aguinaldo promulgated the
Constitution along with the establishment of
Philippine Republic
NOTES:
1. Rizal and the other propagandists ignited the
spirit of nationalism that fuels the Philippine
Revolution.
2. Started by Bonifacio and won under the
generalship of Emilio Aguinaldo, the Philippine
Revolution finally ended Spanish sovereignty in
3. Malolos Constitution – first republican
constitution in Asia (Democratic Constitution)
- Framed by a revolutionary convention
which included 40 lawyers, 16
physicians, 5 pharmacists, 2 engineers,
and 1 priest.
- Recognized that sovereign power was
vested in the people
- Provided for a Parliamentary
Government (President: head of
Government)
- Acknowledged separation of powers
- Contained a bill of rights
American Regime and Organic Acts
 December 10, 1898 – Treaty of Paris; entered
into between US and Spain upon the cessation
of Spanish-American War. Cession of the
Philippine Islands by Spain to the US.
 April 7, 1900 – US President Mckinley’s
Instructions.
 Transform military into a civil government.
 September 1, 1900 – authority to exercise part
of military power of the US President which is a
legislative in character was transferred from the
military government to the Philippine
Commission.
 (1. Schurman Commission; 2. Taft
Commission)
 Schurman Commission – known as the fact-
finding survey of the Philippine Islands and
submit appropriate recommendations to
the U.S Congress (1st Phil. Commission)
 Taft Commission – known as the Second
Philippine Commission which took over-all
legislative powers and some of the
executive and judicial powers of military
governor.
 March 2, 1901 – Spooner Amendment to the
Army Appropriation Bill of March 2, 1901
 Provided that all military, civil and judicial
powers necessary to govern the Philippine
Islands shall be exercised in such a manner
for the establishment of a civil government
 and for maintaining and protecting the
inhabitants in the free enjoyment of their
liberty.
 July 1, 1901 – the Office of Civil Governor was
created
 executive authority previously exercised by
the military governor was transferred to
civil governor
 July 4, 1901 – pursuant to Spooner
Amendment, civil government was established
in the Philippine Islands with William Howard
Taft as 1st governor.
 July 1, 1902 – Philippine Bill of 1902
 Continued existing civil government with
the commitment from the US Congress to
convene and organize in the Philippines a
legislative body of their own
representatives.
 October 16, 1907 – Philippine Assembly was
created to sit with the Philippine Commission in
a bicameral legislature.
 Upper: Philippine Commission
 Lower: Philippine Assembly (Sergio Osmena
elected speaker until 1916)
 August 29, 1916 – Jones Law or Philippine
Autonomy Act
 Superseded the Spooner Amendment and
the Philippine Bill of 1902
 Principal organic act until November
15,1935 when Philippine Commonwealth
was inaugurated (under 1935 Constitution)
 Contained a Preamble, bill of rights,
provisions defining the organization and
powers of the departments of government,
provisions defining the electorate and
miscellaneous provisions on finance,
franchises and salaries of important officials
 Executive Power: Governor General
 Legislative Power: bicameral legislature
- Upper: Senate
- Lower: House of Representatives
 Judicial Power: Supreme Court, Courts of
First Instance and inferior courts.
 Sergio Osmena – Speaker
 Manuel Quezon – President
 March 24, 1934 – Tydings-McDuffie Act or
Philippine Independence Act
 Authorized the drafting of a Constitution for
the Philippines
 Established a Commonwealth Government
 May 14, 1935 – ratification of the Constitution
framed by Constitutional Convention
 November 15, 1935 – inauguration of
Commonwealth Government
 Quezon : President
 Osmena : Vice-President
NOTES:
1. Tydings-McDuffie Act promised independence
to the Filipinos if they could prove their capacity
for democratic government during a 10-yr
transition period. As if turned out, they were to
demonstrate this competence not only in the
councils of peace but also in the barricades of
WWII and no less gallantly in the 2nd Republic of
the Philippines during the Japanese Occupation
of our country.
The 1935 Constitution
 May 26, 1934 – Philippine Legislature passed
Act No. 4125 (May 26, 1934) calling for the
election of delegates to the constitutional
convention pursuant to the authority of
Tydings-McDuffie Act
 July 10, 1934 – Election of delegates
 July 30, 1934 – Constitutional Convention
inaugural
 February 8, 1935 – draft constitution approved
by the Constitutional Convention
 March 18, 1935 – brought to Washington
 March 23, 1935 – US President Franklin Delano
Roosevelt certified that the draft constitution
conformed substantially with the Tydings-
McDuffie Law.
 May 14, 1935 – constitution was ratified in a
plebiscite
 November 15, 1935 – inauguration of Philippine
Commonwealth established under Constitution
 1939 – amendment of Constitution
  Ordinance appended to the Constitution in
accordance with the Tydings-Kocialkowski
Act of August 7, 1939
 September 15, 1939 – Resolution of
Congress
 October 24, 1939 - plebiscite
 1940 – amended again >> Constitution
 Changed President’s term from 6 to 4 yrs
but no person shall serve as President for
more than 8 years
 Changed the unicameral to bicameral
legislature
 Established an independent Commission on
Elections
 April 11, 1940 – Resolution
 June 8, 1940 – Plebiscite
 1947 – another amendment was adopted
 July 4, 1949 – Parity Amendment
- granting to Americans for a period of 25
years the same privileges as Filipinos in
the utilization and exploitation of
natural resources in the Philippines
- September 18, 1946 – Resolution
- March 11, 1947 – Plebiscite
Japenese (Belligerent) Occupation
 January 2, 1942 – Commander in Chief of
Manila proclaimed the military administration
over the territory occupied by the army
 Ordered that all laws now in force in the
Commonwealth as well as executive and
judicial institutions shall continue to be
effective for the time being as in the past;
and
 All public officials shall remain in their
present posts and carry on faithfully their
duties as before
 January 23, 1942 – Order No. 1 of the Japanese
Commander in Chief organized the Philippine
Executive Commission
 January 30 and February 6, 1942 – Executive
Orders Nos. 1 and 4 are dated, continued the
Supreme Court, Court of Appeals, Courts of First
Instance and Justices of the Peace Courts, with
the same jurisdiction in conformity with later
instruction given by the Commander in Chief of
the Japanese Imperial Army in Order No. 3,
dated February 20, 1942.
 October 14, 1943 – 2nd Philippine Republic was
inaugurated with Jose P. Laurel as President
The 1973 Constitution
 March 16, 1967 – Resolution of Both Houses
No. 1 which increases the membership of the
House of Representative from 120 to 180.
 March 16, 1967 – RBH No.2 which calls for a
Constitution Convention to revise the 1935
Constitution
 March 16, 1967 – RBH No. 3 which allows
members of Congress to sit as delegates in the
Constitutional Convention without forfeiting
their seats in Congress
 November 1967 – RBH 1 AND 3 were submitted
to the people in a plebiscite simultaneously
with local elections in November 1967 but both
were rejected by people
 June 17, 1969 – RBH NO. 4 amending RBH No. 2
and authorizing that specific apportionment of
delegates to the Constitutional Convention and
other details relating to the election of
delegates embodies in an implementing
legislation
 Republic Act No. 6132: Constitutional
Convention Act of 1970 (See: Imbong v.
COMELEC)
 November 10, 1970 – Election of delegates
 June 1, 1971 – Inauguration of Constitutional
Convention (See: Tolentino v. COMELEC)
 September 21, 1972 – Presidential
Proclamation No. 1081; Declaration of Martial
Law by Marcos
 November 29, 1972 – Constitutional
Convention approved the draft Constitution
 November 30 ,1972 – Marcos issued a decree
setting the plebiscite for the ratification of the
new Constitution on January 15, 1973
 December 17, 1972 – Marcos issued an order
suspending the effects of Presidential
Proclamation 1081 in order to allow free and
open debate on the proposed Constitution.
(See: Planas v. COMELEC)
 December 23, 1972 – Marcos announced the
postponement of the plebiscite but it was only
January 7, 1973 that General Order No. 20 was
issued which directs that plebiscite scheduled
on January 15, 1973, be postponed until further
notice and withdrawing the order of December
17, 1972, suspending the effects of Presidential
Proclamation No. 1081 which allowed free and
open debate on the proposed Constitution
 December 31, 1972 – Marcos issued
Presidential Decree No. 86 which organizes the
Citizens Assemblies to be consulted on certain
public issues
 January 5, 1973 – issued Presidential Decree
No. 86-A which calls the Citizens Assemblies to
meet on January 10-15, 1973 to vote on such
questions.
 January 17, 1973 – Marcos issued Proclamation
No. 1102 declaring that the new Constitution
had been ratified by the Citizens Assemblies
(See: Javellana v. Executive Secretary)
 1976 – 1973 Constitution was amended
- Package of 10 amendments by Marcos
on September 2, 1976 without
specifying the particular provisions
being changed.
- Abovementioned package contained
the infamous Amendment No. 6.
 October 16, 1976 – the said amendments were
ratified in a plebiscite (See: Sanidad v.
COMELEC)
 January 30, 1980 – Constitution was amended
again
- Restored original retirement age of
judged to 70 years of age
 January 17, 1981 – Proclamation No. 20145 was
issued by Marcos lifting Martial law. However,
he retained what he called his standby
legislative powers under several decrees such as
National Security Code and Public Order Act
 April 7, 1981 – another amendment
 Restored the Presidential System while
retaining certain features of the
parliamentary system
 Granted natural-born Filipino who had been
naturalized in a foreign country the right to
own a limited area of residential land in the
Philippines.
 January 27, 1984 – another amendment was
made
 Provided new rules on presidential
succession
 Replaced the Executive Committee with a
revived office of the Vice President and
changed the composition of the Batasan
Pambansa.
 1986 – Snap Presidential Election (See: PBA v.
COMELEC)
 February 22-25, 1986 – EDSA People Power
Revolution
The 1987 Constitution
1. Proclamation of the Freedom Constitution
 February 22, 1986 – Defense Minister Juan
Ponce Enrile and General Fidel V. Ramos began
people power that ousted Marcos and his
replacement by Aquino with Vice-President
Laurel on February 25, 1986
 February 25, 1986 – Proclamation No. 1
announcing that Aquino and Laurel were
assuming power
 February 28, 1986 – Executive Order No. 1
 March 25, 1986 – Proclamation No. 3
announced the promulgation of Provisional
[Freedom Constitution], pending the drafting
and ratification of a new constitution.
 It adopted certain provision of 1973
Constitution
 Contained additional articles on the
executive department on government
reorganization and existing laws
 Provided for the calling of a Constitutional
Commission to be composed of 30-50
members in order to draft a new
constitution. (See: Lawyers League v.
Aquino; Republic v. Sandiganbayan)
2. Adoption of the Constitution
 Proclamation No. 9 – creating the
Constitutional Commission of 50 members
 October 15, 1986 – Approval of draft
Constitution by Constitutional Commission
 February 2, 1987 – Plebiscite
 Effectivity of the 1987 Constitution
 Proclamation No. 58 – proclaiming the
ratification of the Constitution
 May 11, 1992 – general elections were held.
Ramos as President and Estrada as Vice-
President
 1998 – Estrada was elected President but was
impeached 2 years later and forced out office
by a massive people power demonstration on
January 20, 2001.
 Arroyo took the oath on the same day as
successor
 Estrada claimed that he only left Malacanang
only to appease the demonstrators who
clamored for his resignation. The Court
dismissed his petition, ruling that his public
statements made upon and the circumstances
leading to his departure from Malacanang
clearly showed that he had resigned.
Accordingly, it considered his presidency as now
in the past tense and Arroyo’s ascendancy to
the Presidency as lawful.
 Estrada arrested for plunder
 Arroyo declared state of rebellion.
 Arroyo faced Oakwood Mutiny mounted by
disgruntled military officers on corruption
issues.
 2004 - sought another term in 2004 reneging on
an earlier promise that she would not do so.
She was proclaimed winner.
 Garci tapes
 2006 – Arroyo was besieged by yet another
challenge from military which she invoked as
justification for declaring a state of emergency
under Proclamation No. 2017 on the basis of
which several persons were arrested without
warrant and at least one newspaper
establishment was raided