2. Philippine Constitution

Page 1: Introduction to CTE and Constitutional History

• CTE: Center of Excellence

• Affiliation: University of the Cordilleras, Baguio City

• Historical Context:

  • 1935: The Commonwealth Constitution

  • 1973: Constitution Authoritarianism

  • 1986: Constitution

• Prepared by: Ms. Palaroan

Page 2: Overview of Constitutional History

• CTE: Center of Excellence

• Affiliation: University of the Cordilleras, Baguio City

• Key focus:

  • 1935: The Commonwealth Constitution

• Prepared by: Ms. Palaroan

Page 3: The Commonwealth Constitution (1935)

• Treaty of Paris:

  • Established the Philippines as subject to USA authority (1898-1901)

  • Transitioned to military governance

• U.S. Congressional Acts:

  • The Philippine Organic Act of 1902

  • The Philippine Autonomy Act of 1916

Page 4: Philippine Organic Act of 1902

• Significance: First organic law of the Philippines

• Legislative structure:

  • Bicameral legislature:

    • Philippine Commission (Upper House)

    • Philippine Assembly (Lower House)

• Included a Bill of Rights for Filipinos

Page 5: Philippine Autonomy Act of 1916

• Known as "Jones Law"

• Changes to government structure:

  • Replaced the Philippine Commission with a Senate

• Declared the intent of the U.S.

  • Promote Philippine independence and stable governance

Page 6: Hare-Hawes-Cutting Act (1932)

• Efforts by Sergio Osmeña & Manuel Roxas

• Proposed granting Filipinos independence

• Opposition:

  • Senate President Manuel L. Quezon rejected it in the Senate

Page 7: Tydings-McDuffie Act (1934)

• Also known as the Philippine Independence Act

• Established mechanisms for a formal constitution

• Convention meeting on July 30, 1934, with Claro M. Recto elected as a key figure

Page 8: Adoption of the Commonwealth Constitution

• Draft approval: February 8, 1935

• Ratification by U.S. President Franklin B. Roosevelt on March 25, 1935

• Presidential elections held in September 1935; Manuel L. Quezon elected as President of the Commonwealth

Page 9: Constitution's Role

• Crafted to gain approval from the U.S. government

• Aimed at ensuring eventual U.S. granted independence

Page 10: Governance under Commonwealth

• Established the Commonwealth of the Philippines for 1935-1946

• Governance preparatory towards independence

• Proposed a unicameral National Assembly with an elected vice president for a 6-year term without reelection

Page 11: Amendments of 1940

• Constitution amended to adopt a bicameral Congress

• Creation of independent electoral commission

• Limitations placed on vice president's term (4 years with one reelection)

Page 12: Suffrage Rights

• Initially limited to:

  • Male citizens, 21+, literate

• Extension of suffrage rights to women within two years of constitution's adoption

Page 13: World War II Impact

• Commonwealth interrupted by Japanese occupation

• Philippines declared independent Republic on July 4, 1946, marking Filipino-American Friendship Day

Page 14: Preamble of the 1935 Constitution

• Seeks divine blessing to establish a government reflecting national ideals and values, aiming to conserve national patrimony and promote justice, liberty, and democracy.

Page 15: Structure of the 1935 Constitution

• Comprised of 17 articles

• Key Articles:

  • National Territory (Treaty of Paris)

  • Declaration of Principles:

    • Sovereignty resides in the people

    • Natural rights

    • Parent's duty in youth upbringing

  • Bill of Rights: Guarantees to life, liberty, and property

Page 16: Citizenship and Suffrage

• Citizenship:

  • Born in the Philippines or parents are Filipino

  • Naturalization according to law

• Suffrage rights described:

  • Initially to male citizens only

Page 17: Government Structure

• Executive Department:

  • Led by the President of the Philippines

• Judicial Department:

  • Engaged in all legal cases, with power vested in the Supreme Court

• Impeachment: Covering serious violations for key positions

Page 18: Administrative Oversight

• General Auditing Office: Financial record audits

• Civil Service implications for management

• Conservation of natural resources: Management of agriculture, timber, and minerals

Page 19: General Provisions

• Philippine flag description

• Amendments and transitory provisions noted

• Elucidation of Commonwealth and Republic dynamics

Page 20: Transition to 1973 Constitution

• CTE: Center of Excellence

• Segue into 1973 Constitutional Authoritarianism

• Prepared by: Ms. Palaroan

Page 21: Constitutional Authoritarianism (1973)

• Ferdinand E. Marcos elected in 1965 as the 10th President

• 1967: Congressional resolution to change the 1935 Constitution via a constitutional convention

Page 22: The Convention and Political Climate

• Re-election of Marcos in 1969 amidst controversies

• Convention elections held on November 20, 1970

• Carlo P. Garcia became convention President, succeeded by Diosdado Macapagal

Page 23: Martial Law Declaration

• Martial Law instituted, shifting authority from civilian to military governance

• Responded to crises including communist insurgency

Page 24: Authoritarian Constitutional Dictation

• Marcos as a dictator influenced constitutional provisions

• Managed to retain power indefinitely

• Convention approved proposed constitution on November 29, 1972

Page 25: Plebeian Approval and Changes

• Presidential Decree No. 73 set plebiscite for ratification of the new constitution

• Shift to a parliamentary-style of government; amendments indicated

Page 26: Legislative Powers and Emergency Provisions

• Continuation of legislative powers despite martial law

• Emergency powers extended to 1980 and retirement age raised to 70

Page 27: Post-1973 Constitutional System

• 1984 abolished the executive committee, reinstated vice president position

• The 1973 Constitution facilitated Marcos's authoritarian regime

Page 28: Transition to the 1986 Constitution

• CTE: Center of Excellence

• Introduction to the Freedom Constitution post-Martial Law

• Prepared by: Ms. Palaroan

Page 29: Freedom Constitution Developments

• February 25, 1986: Corazon Aquino emerges as President following EDSA Revolution

• Options considered regarding the previous constitution:

  • Return to 1935 or maintain 1973 Constitution or reforms

Page 30: New Constitutional Drafting

• Decided to create a new constitution truly reflecting Filipino aspirations

• March 1986 declared transitional constitution in effect for one year

Page 31: Freedom Constitution Processes

• The transitional constitution called Freedom Constitution, retains many previous provisions

• Established a constitutional convention with 48 members appointed by Pres. Aquino

Page 32: Crafting the New Constitution (1987)

• Permanent constitution drafted to restore pre-authoritarian setup

• February 2, 1987: New constitution adopted, beginning with a preamble

Page 33: Key Principles of the 1987 Constitution

• Emphasizes sovereignty residing with the people

• Government authority derived from the populace

• Allocation of powers among branches (executive, legislative, and judicial)

Page 34: Executive Power Scope

• Headed by the President and cabinet

• The President, as head of state, has power checks from legislative and judicial branches

• Emergency powers allowed but limited

Page 35: Martial Law Controls

• President may declare Martial Law but limited to 60 days duration

Page 36: Legislative Structure

• Legislative Power divided into two houses:

  • Senate (24 senators)

  • House of Representatives (district representatives)

  • 234 districts with 3-year terms

Page 37: Judicial Power Structure

• Vested in the Philippine Court System, comprising Supreme Court and lower courts

• The Supreme Court has 15 members appointed by the President

Page 38: Independent Commission Features

• Three commissions established:

  • Civil Service Commission

  • Commission on Elections

  • Commission on Audit

Page 39: Ombudsman Role

• Established to promote ethical government conduct

• Investigates public corruption and can charge officials in special courts (sandiganbayan)

Page 40: Conclusion

• Thank you for your attention!

Page 41: Homework Assignment

• Read the Bill of Rights from the following articles:

  • Article III of the 1935 Constitution

  • Article IV of the 1973 Constitution

  • Article III of the 1987 Constitution