THE PHILIPPINE CONSTITUTION

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.

The oldest written national constitution is that of the US(1787).

India has the longest written constitution with 444 articles.

Sovereign states, companies, international organization and unincorporated associations have their own constitutions.

A treaty which established international organization has also its own constitution.

A constitution with fundamental rights for the citizens limits the power of the rulers.

THE 1897 CONSTITUTION OF BIAK-NA-BATO (REPUBLICA DE FILIPINA) The Biak-na-Bato Republic was established in the town of San Miguel de Mayumo in Bulacan, It has a provisional constitution patterned on the Cuban Constitution and drafted by Isabelo Artacho and Felix Ferrer.

THE 1899 MALOLOS CONSTITUTION (1899-1901) -REPUBLIKA DE FILIPINA OF PARLIAMENTARY GOVERNMENT

At Barasoain Church in Malolos, Bulacan, enacted and ratified on January 20, 1899. It was the first republican constitution in Asia. It called for a parliamentary form of government, creation of Assembly of Representatives; sovereignty resides in the people; with basic civil rights, separated the church and state.

ACTS OF THE US CONGRESS (1902-1934) (INFORMAL COURT) REPUBLICAN COMMONWEALTH

The Phil. Is a US colony from Dec 10, 1898 to March 24, 1934, The US enacted two laws: The Philippine Organic Act of 1902 and Phil. Autonomy Act of 1916 These two Acts can be considered as informal Philippine Constitutions because these defined the fundamental political principles of the land The third act of the US Congress (Tydings-McDuffie Act of 1934) which provided mechanism towards the creation and establishment of a formal constitution

THE 1935 CONSTITUTION (1935-1943, 1945-1973)-Unicameral Assembly Written and approved in 1934 and adopted by the Commonwealth of the Philippines (1935-1946) and later used by the Third Republic (1946-1972). It has a unicameral assembly and a President with 6 yr.term w/o re-election. Amended in 1940 creating the House of Representative and the Senate, with elected Pres. With 4-year term and with maximum two terms.

THE 1943 CONSTITUTION (1943-1945) Established during the Japanese occupation. Japanese Premier Hedeki Tojo promised the Filipinos full independence. The Pre-War members of the National Assembly drafted the Constitution and ratified in 1943 by the representatives of Kalibapi the political party with Japanese support. Jose P. Laurel was appointed president by the National Assembly and inaugurated in 1943. Filipinos described this regime as the Japanese Puppet Government. It has a strong unicameral assembly

THE 1973 CONSTITUTION (1973-1986) The 1935 Constitution was suspended in 1972 with Marcos proclamation of Martial Law. The 1973 was supposed to introduce parliamentary government with Unicameral National Assembly, with Prime Minister as Head of the Government elected by sitting Assembly men. It was amended several times restored the power of the President to legislate laws and to become the head of the executive branch, and the Prime Minister a mere head of the Cabinet. The House of Representatives became Batasang Pambansa.

THE 1986 FREEDOM CONSTITUTION (1986-1987) After the 1986 People Power Revolution, President Cory Aquino issued Proclamation No. 3, establishing a provisional government with power to re-organize the government by appointment of new set of local and national government officials, mainly members of the opposition party against Pres. Marcos.

THE 1987 CONSTITUTION (1987-PRESENT) Drafted by the Constitutional Commission of 50 members headed by Cecilia Munoz Palma appointed by Pres, Corazon Aquino. Composed of two parts preamble and 18 articles. President elected with 6 year term w/o re-election, abolition of death penalty and retention of US military bases in Clark and Subic, and with bicameral legislature. Restored the Presidential form of government.

AMENDMENTS ON 1987 PHILIPPINE CONSTITUTION On 02 March 2022 President Rodrigo Duterte Signed Republic Act No. 11647, which amended the Foreign Investment Act(FIA)also known as RA No. 7042. The amendments by allowing international investors to set up and fully own domestic enterprises (including micro and small enterprises) in the Philippines. Under the amendments, foreign nationals can own an MSME with a minimum paid-in capital of USD100,000.00, provided that the enterprises meet the following conditions:

1. Utilize advanced technology (to be determined by the Department of Science and Technology.

2. Are endorsed as startup enablers as a startup in accordance with the Innovative Startup Act,or

3. The company hires no less that 15 Filipino employees, a reduction from the previous requirement of 50.

The amendments make it easier for foreign businesses to invest in the Philippine market, with the investments expected to not only contribute to sustainable, inclusive resilient and innovative economic growth.but to increase competition in the Philippine market, resulting in lower prices and better products and services for the consumers.

CONSTITUTIONAL REFORM IN THE PHILIPPINES, also known as charter change(cha-cha)refers to the political and legal processes needed to amend the current 1987 Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: Constituent Assembly: Vote by three-fourths of all its members, with both houses voting separately.

Constitutional Convention:

Called into existence by Congress, with a vote of two-thirds of all its Members with bot/houses voting separately.

Majority vote of all the Members of Congress, with both houses voting separately, submitting to the electorate the question of calling such a convention

Ratification by Plebiscite, not earlier than sixty days no later than ninety days after the submission of the amendments or revision.

People's Initiative Petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. The Supreme Court ruled in 1997 that the People's Initiative method of amending the constitution is "fatally defective", or inoperable. Initiative methods Initiative was ruled unconstitutional by the Supreme Court.

PROPOSED FORMS OF GOVERNMENT

Pres. Joseph Estrada Executive Order No.43: Unitary presidential constitutional Republic with Free Trade Economy

Pres. Fidel Ramos: Parliamentary system and lifting of term limits of public officials Pres. Gloria Macapagal Arroyo E.O. No 453: Federal parliamentary constitutional republic

Pres. Benigno Aquino III Senate Resolution No.10 and House of Rep.

Res. No.1: Federal and parliamentary government and economic liberalization

Pres. Rodrigo Duterte E.O. No.10: Federal parliamentary constitutional republic Economic, political, and judicial reforms and federal

Pres. Ferdinand Marcos, Jr.thru several legislators: Economic, political, and judicial reforms and federal government

OTHER INFORMATION:

Republican state can feature

Majority rule

The absence of monarchy

Rule of law

The philippine is governed as a unitary states under a presidential representatives and democratic constitutional republic in which the president functions as both the head of state and the head of government of the country within a pluriform multi- party system.

Republic form of government in which the state is ruled by representatives elected by the citizens.

Representative are founded on the sides that sovereignty resides by the people

Democratic means "rule of the people"

Republic- a state in which the supreme power held in the body of citizen entitled to Political power unite with the public and their representatives.

3 Bodies Authorized to draft of constitution

1. Constitutional Convention-member appointed by the president

2. Costitutional Assembly-member are elected by the people

3. Constituent Assemby- member of the congress composed the constitutional body to draft the constitution.

National Assembly- about election of legislation or legislature

Atomic bomb- nagasaki hiroshima

Pres. McKinley's Policy" Benevolent assimilation" USAFEE

Phil scouts