Achievements & Contributions of the Different Constitutions

Achievements & Contributions of the Different Constitutions

• 1899 Constitution

• 1935 Constitution

• 1973 Constitution

• 1987 Constitution

Philippine System of Government and Politics

• From 1898, the Philippines has had four major constitutions:

  • 1899 Constitution: Established the first republic in Asia.

  • 1935 Constitution: Basic law during self-government under American rule and after independence in 1946.

  • 1973 Constitution: Allowed Ferdinand Marcos to continue as president.

  • 1987 Constitution: Restored institutions dismantled by Marcos.

What is a Constitution?

• A written instrument that:

  • Establishes fundamental powers of government.

  • Limits and defines these powers.

  • Distributes powers among departments for their safe and beneficial exercise.

Malolos Constitution

The Malolos Congress

• Inaugurated at Barasoain Church, Malolos, Bulacan.

• Achievements:

  1. Ratified Philippine Independence.

  2. Floated a domestic loan of $P20,000,000.00$ redeemable in 40 years.

  3. Promulgated the Malolos Constitution.

MALOLOS CONSTITUTION

• The Political Constitution of 1899, informally known as the Malolos Constitution, was the basic law of the First Philippine Republic.

• Written by Felipe Calderón y Roca and Felipe Buencamino as an alternative to proposals by Apolinario Mabini and Pedro Paterno.

• Enacted on January 21, 1899, after a lengthy debate in 1898.

The Malolos Constitution

• Mabini envisioned the Congress as an advisory body to the President.

• Mabini submitted his Constitutional Plane of the Philippine Republic, but Congress overruled him.

• Calderon, with advice from Cayettano Arellano, drew inspiration from the constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and France.

1935 CONSTITUTION

• Key Figures: Frank Murphy, George Franklin Dern, Roosevelt, Manuel Roxas, Manuel Quezon

• The Constitution of the Philippines was signed on March 23, 1935.

• Roxas was regarded as Quezon's 'heir'.

1) The 1935 Constitution

• Ratified on May 14, 1935.

• Features:

  • Established the Commonwealth Government.

  • Provided a Democratic and Republican government.

  • Included the Bill of Rights.

1935 Constitution

• March 24, 1934: Pres. Roosevelt authorized a constitutional convention to draft a constitution.

• March 23, 1935: Pres. Roosevelt approved the Constitution.

• May 14, 1935: Filipinos ratified the Constitution.

1935 Constitution

• Written by Claro M. Recto

• Created in accordance with the establishment of the Commonwealth Republic.

• Tydings-Mcduffie Law of 1934 caused the drafting of the 1935 constitution.

• Effectivity was halted during the Japanese occupation but continued from 1946 to 1972.

• Constitution had to be approved by President Franklin Roosevelt.

• Ratification included women for the first time.

1973 CONSTITUTION

2) The 1973 Constitution

• Ratified on January 17, 1973.

• Features:

  • Established a modified parliamentary government.

  • Suspended the Bill of Rights.

  • Gave greater power to the Executive Department.

Typology of Constitution

• Classified as follows:

  1. As to origin and history:

     • Conventional or enacted: Enacted by a constituent assembly or granted by a monarch (e.g., Constitution of Japan).

     • Cumulative or evolved: Product of a long period of development from customs, traditions, judicial decisions, etc. (e.g., English Constitution).

PHILIPPINE CONSTITUTION AND PRINCIPLES

• Preamble: Invoking the aid of Almighty God to build a just society and establish a government embodying ideals and aspirations, promoting the common good, conserving and developing our patrimony, and securing independence and democracy with justice, freedom, love, and equality.

3) The 1987 Constitution

• Ratified on February 2, 1987.

• Features:

  • Reinstitution of a Democratic Government.

  • Separation of Church and State.

  • Sovereignty of the people.

  • Renunciation of war as a national policy.

  • Supremacy of Civilian authority over the military.

  • Separation of Powers.

Parts of the 1987 Constitution

• Divided into 18 Articles (excluding the Preamble):

  • Article I - National Territory

  • Article II - Declaration of Principles and State Policies

  • Article III - Bill of Rights

  • Article IV - Citizenship

  • Article V - Suffrage

  • Article VI - Legislative Department

  • Article VII - Executive Department

  • Article VIII - Judicial Department

  • Article IX - Constitutional Commission

  • Article X - Local Government

  • 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

  • Article XV - The Family

  • Article XVI - General Provisions

  • Article XVII - Amendments or Revisions

  • Article XVIII - Transitory Provisions