The Philippine Constitution

The Philippine Constitution

  • Definition

    • The Constitution is considered "the highest expression of law".

    • It is a body of rules and principles that govern the powers of the sovereign.

    • Serves as the fundamental laws that define the government’s powers and the rights of individuals.

    • Specifically for the Republic of the Philippines, it is a written document established through the direct action of the people.

  • Purpose

    • Establishes the framework of government and various departments and their functions.

    • Serves as the source of sovereign powers, ensuring public welfare and citizen rights.

Kinds of Constitution

According to Form

  • Written (Codified)

    • Includes provisions in a single formal document.

    • Example: The United States Constitution.

  • Unwritten (Uncodified)

    • Consists of rules scattered in various sources like statutes, judicial decisions, and customs.

    • Example: The English Constitution.

According to Origin

  • Enacted (Conventional)

    • Formulated at a specific time by a constituent body.

    • Example: The Japanese Constitution of 1889.

  • Evolved (Cumulative)

    • Develops over time due to political evolution.

    • Example: The English Constitution.

According to Manner of Amendment

  • Rigid (Inelastic)

    • Requires a formal and difficult amendment process.

    • Example: The Australian Constitution.

  • Flexible (Elastic)

    • Can be changed by the same body that creates ordinary laws.

    • Example: The Israeli Constitution.

Metamorphosis of the Philippine Constitution

Biak-na-Bato Constitution

  • Established during the stalemate of the Philippine Revolution in 1897.

  • The Revolutionary Government was formed with Aguinaldo as President in Tejeros.

  • The constitution was adopted from provisions established in Cuba and promulgated on November 1, 1897.

Malolos Constitution

  • Following the defeat of Spain in 1898.

  • Congress convened in Malolos, Bulacan to draft a Constitution inspired by several other countries.

  • Approved on November 29, 1898, and ratified by Aguinaldo on January 21, 1899.

U.S. Congress Acts

  • From 1898-1934, the Philippines was a U.S. colony.

    • Philippine Organic Act of 1902: Established a bicameral legislature.

    • Philippine Autonomy Act of 1916: Revised earlier acts to support self-governance.

    • Philippine Independence Act of 1934: Laid the groundwork for a formal Philippine Constitution.

1935 Constitution

  • Marked the transition to self-governance after the Tydings-McDuffie Law.

  • Provided the structure of government and laid down the Bill of Rights.

  • Established women’s suffrage and the Philippine Armed Forces.

1943 Constitution

  • Created under Japanese occupation, somewhat similar to the 1935 Constitution.

  • Formed by the KALIBAPI group, was short-lived and only recognized in Japanese-held areas.

1973 Constitution

  • Convened under President Marcos in 1971.

  • Introduced a parliamentary system but became controversial with allegations of bribery.

  • Ratified in January 1973; modified the role of President and Parliament.

1986 Constitution (Freedom Constitution)

  • Signed by President Aquino, set aside the 1973 Constitution during the transition period.

  • Included provisions for human rights and other fundamental rights.

1987 Constitution

  • Drafted by the Constitutional Commission, ratified on February 2, 1987.

  • Establishes a presidential system of government and a bicameral legislature.

Bill of Rights

  • Rights include freedom of speech, assembly, religion, and protection from unlawful detention.

Amendments and Revision Process

  • Amendments can be proposed through congressional vote or initiatives.

  • Require majority approval in plebiscites to take effect.

Conclusion

  • The Philippine Constitution reflects the evolving political landscape and the aspirations of its people for democracy and governance.