Philippine Constitutions
Definition of Constitution
A constitution outlines the fundamental principles and laws that govern a nation, defining the rights of citizens, the structure of government, and the distribution of powers. It establishes a framework for governance and ensures the protection of individual liberties.
Essential components:
Citizens: Defines who the citizens are, their rights, and responsibilities.
Government: Establishes the structure, powers, and functions of the government.
Constitutional Balance: Ensures that no single entity abuses power, with checks and balances.
The constitution protects citizens from potential abuse of power by government officials, ensuring accountability and transparency. It limits the authority of the government and provides mechanisms for redressal of grievances.
Basis for Laws: The constitution serves as the supreme law of the land, providing the foundation for all other laws, such as the Data Privacy Act of 2012. It also addresses fundamental human rights and defines the national territory of the country.
History of Philippine Constitutions
Constitution of 1897 (Biak-na-Bato Constitution)
Linked to the Taherios Convention on March 22, 1897, which led to Emilio Aguinaldo's election as president. It established a revolutionary government to guide the actions of officials during the Philippine Revolution against Spanish colonial rule.
Considered the first informal or de facto constitution of the Philippines, representing an initial attempt to establish a legal framework for the revolutionary government.
Promulgated on November 1, 1897, in Biak-na-Bato, Bulacan, it aimed to provide a basic structure for the government amidst the ongoing revolution.
Malolos Constitution of 1899 (Political Constitution of 1899)
The first formal constitution in Asia, marking the establishment of the Philippines as a republic (republica filipina). It laid the groundwork for an independent Philippine state with defined territories and governance structures.
Promulgated on January 21, 1899, and in effect from January 23, 1899, to March 23, 1901, when American forces captured President Emilio Aguinaldo, effectively ending the First Philippine Republic.
Its effect ended due to American occupation, which led to the imposition of American colonial rule over the Philippines.
Salient features included:
Basic civil rights guaranteeing freedom of speech, religion, and assembly to Filipino citizens.
Separation of church and state, influenced by the trauma of Spanish occupation, which saw the Catholic Church wielding significant political influence. This provision aimed to prevent religious interference in government affairs.
1935 Constitution
From 1901 to 1934, the U.S. Constitution served as the basis for laws in the Philippines under American colonial administration. This period saw the gradual introduction of democratic institutions and the expansion of Filipino participation in governance.
Established for the Commonwealth Republic, led by President Manuel L. Quezon, to meet specific criteria set by the United States government for eventual Philippine independence. It aimed to create a stable and democratic government capable of self-rule.
Features:
Bicameral legislation: Senate (upper chamber) and Congress (House of Representatives - lower chamber) to ensure balanced representation and deliberation in lawmaking.
President and Vice President with a four-year term without reelection, limiting executive power and preventing potential abuse of authority.
Right to suffrage, initially only for males 21 years old and above, later extended to women, reflecting evolving social norms and the pursuit of gender equality.
1943 Constitution
Established under the Japanese government (puppet government) during World War II, amidst the Japanese occupation of the Philippines. It served the interests of the occupying forces and aimed to legitimize Japanese control over the country.
Promulgated by the Preparatory Committee for Philippine Independence (PCPI), a body formed by the Japanese to create a façade of independence. In reality, the constitution was crafted under Japanese supervision and served their strategic objectives.
Features:
Unicameral National Assembly (single legislative body) with representatives chosen by the Japanese-controlled government. It centralized legislative power and facilitated the enactment of laws favorable to Japanese interests.
In effect briefly in 1945 after Douglas MacArthur's return, but its legitimacy was questioned due to its association with the Japanese occupation.
1935 Constitution Reinstatement
After July 4, 1946 (Philippine independence), the 1935 Constitution was reinstated, marking the restoration of democratic governance after the end of World War II.
In use from 1946 to 1972, it provided the legal framework for the independent Philippines during the early years of its nationhood.
1973 Constitution
Initiated under Ferdinand Marcos Sr.'s regime to extend his presidency beyond the one-term reelection limit, solidifying his grip on power. It aimed to legitimize Marcos' authoritarian rule and suppress dissent.
Established a parliamentary form of government with a Prime Minister and President, concentrating power in the hands of Marcos. It dismantled the traditional checks and balances and enabled Marcos to rule by decree.
Marcos served as both a representative and Prime Minister, further consolidating his authority and undermining democratic principles.
Features:
Unicameral National Assembly elected by the people, but effectively controlled by Marcos and his allies.
Decrees, proclamations, and orders by the president became legal, bypassing the legislative process and allowing Marcos to rule unilaterally.
Associated with Marcos Sr.'s dictatorship, characterized by human rights abuses, corruption, and suppression of political opposition.
1986 Constitution (Freedom Constitution)
Established after the People Power Revolution (EDSA 1) that ousted Marcos, marking the end of his authoritarian regime and the restoration of democracy.
A provisional constitution to temporarily serve until a formal constitution could be formulated, providing a legal framework for the transition to democratic governance.
A commission was appointed to create the 1987 Constitution, tasked with drafting a new charter that would safeguard democratic principles and prevent the recurrence of authoritarian rule.
1987 Constitution
Current constitution with three branches of government, reflecting the principle of separation of powers and checks and balances.
Executive: Implements laws and policies, headed by the President.
Legislative: Creates laws through Congress, composed of the Senate and the House of Representatives.
Judiciary: Interprets laws and resolves legal disputes, headed by the Supreme Court.
Creation of Law (Basic Process)
A bill (House Bill or Senate Bill) is proposed in the legislature, initiating the lawmaking process. It reflects the legislative agenda and priorities of lawmakers.
Example: Anti-Ghosting Bill with the initial proposal of a death penalty for companies that do that.
The bill is checked by the judiciary branch for constitutionality by the Supreme Court,- ensuring that it aligns with the fundamental principles and provisions of the constitution.
Constitutional: Aligned with the constitution, upholding its principles and provisions.
Unconstitutional: Violates the constitution, infringing upon fundamental rights or exceeding the powers of government.
If deemed unconstitutional, the author can revise the bill to address the constitutional concerns raised by the judiciary.- Example: Changing the punishment from death penalty to life imprisonment to comply with constitutional provisions against cruel and unusual punishment.
Proceeds to the legislative branch (House of Representatives or Congress) for readings and investigation, where it undergoes scrutiny, debate, and amendment before being put to a vote.
If approved, it goes to the Senate (upper chamber) with the same process, ensuring bicameral approval before it can become law.
If approved by both houses, it goes to the executive branch for implementation by the President, who has the power to either approve or reject the bill.
Presidential actions:
Approve: The bill becomes law, signifying executive endorsement and enforcement.
Reject (Veto): The bill is returned to Congress, indicating executive disagreement with the bill's provisions.
Congress can override the presidential veto with a two-thirds () vote from both houses, demonstrating legislative resolve to enact the bill despite executive opposition.
If the veto is overridden, the bill becomes law without the President's approval, underscoring the balance of power between the legislative and executive branches.
1987 Constitution Details
Contains a preamble, which sets out the aspirations and principles of the Filipino people, and 18 articles covering various aspects of governance, rights, and responsibilities.
Memorization of the preamble