Lesson 4
Lesson 4
CONSTITUTION
It was a provisionary Constitution of the Philippine Republic during the Philippine Revolution,
and was promulgated by the Philippine Revolutionary Government on November 1, 1897. This
Constitution was borrowed from Cuba and written by Isabelo Artacho and Felix Ferrer in Spanish.
Emilio Aguinaldo established the Biak-na-Bato Republic on his headquarters in Biak-na-Bato in
Bulacan province. It also outlined certain basic human rights, such as freedom of religion, freedom of
the press, and the right to education. Emilio Aguinaldo and Mariano Triad were elected Supreme
Council president and vice president, respectively. The news immediately spread throughout the
country, and the revolutionaries were once more in high spirits.
A revolution was launched against Spain and the revolutionaries declared Philippine
independence in Kawit, Cavite on June 12, 1898. What became known as the Malolos Congress
was convened on September 15, 1898 and the first Philippine Constitution, called the Malolos
Constitution, was approved on January 20, 1899, ushering what is called the First Philippine
Republic. In the Spanish-American War of 1898, the revolutionaries sided with the Americans,
hoping that, with the defeat of Spain, independence would be granted by the US to the Philippines.
This, however, did not happen. After Spain sold the islands to the United States in the Treaty of
Paris, the US immediately proceeded to brutally suppress the Philippine independence movement.
This is also known as the ―Political Constitution of 1899‖ and the historical highlights are as
follows:
� It was promulgated by Aguinaldo on January 21, 1899 and was written in Spanish by Felipe
Calderon.
� It is consists of 39 articles, divided into 14 titles, with 8 articles of transitory provisions, and
a final additional article and was patterned after the Spanish Constitution.
� The recognition of freedom and equality of all beliefs, as well as the separation of Church
and State was declared.
� It also declares that the form of government shall exercise three distinct powers:
Government
Judicial Power
THE 1935 COMMONWEALTH CONSTITUTION
The 1935 Constitution, which featured a political system virtually identical to the American
one, became operative. The system called for a President to be elected at large for a 4-year term
(subject to one re-election), a bicameral Congress, and an independent Judiciary.
During the American colonial period two acts of the US Congress were passed that may
be considered to have potentials of constitutionality:
Organic Act of 1902 Philippine Autonomy Act of 1916
� provided for the creation of a
� referred to as ―Jones Law‖ which
popularly elected Philippine
modified the structure of the Philippine
Assembly. government by removing the
� specified that legislative power Philippine Commission, replacing it
would be vested in a bicameral with a Senate (upper house) and its
legislature composed of the members elected by the Filipino
Philippine Commission as the voters, the first truly elected national
upper house and the Philippine legislature.
Assembly as lower house. � It also declared the purpose of the
� included a bill of rights for Filipinos U.S. to end their sovereignty over the
and the appointment of two non- Philippines and grant Philippine
voting Filipino Resident independence soon as a stable
Commissioners of the Philippines government can be established.
as representative to the U.S.
House of Representatives.
In 1932, the US Congress passed the Hare-Hawes-Cutting Act with the promise of
granting Filipinos’ independence through the efforts of Sergio Osmena and Manuel Roxas.
Unfortunately, the bill was opposed by then Senate President Manuel L. Quezon and thus, rejected
by the Philippine Senate.
THE 1973 PHILIPPINE CONSTITUTION
In 1965 Marcos, who was a prominent member of the Liberal Party founded by Roxas, broke
with it after failing to get his party’s nomination for president. He then ran as the Nationalist
Party candidate for president against the Liberal president, Diosdado Macapagal. The campaign was
expensive and bitter. Marcos won and was inaugurated as president on December 30, 1965. In 1969
he was reelected, becoming the first Philippine president to serve a second term. During his first term
he had made progress in agriculture, industry, and education. Yet his administration was troubled by
increasing student demonstrations and violent urban guerrilla activities.
On September 21, 1972, Marcos imposed martial law on the Philippines. Holding that
communist and subversive forces had precipitated the crisis, he acted swiftly; opposition politicians
were jailed, and the armed forces became an arm of the regime. Opposed by political leaders—
notably Benigno Aquino, Jr., who was jailed and held in detention for almost eight years—Marcos
was also criticized by church leaders and others. In the provinces Maoist communists (New People’s
Army) and Muslim separatists (notably of the Moro National Liberation Front) undertook guerrilla
activities intended to bring down the central government. Under martial law the president assumed
extraordinary powers, including the ability to suspend the writ of habeas corpus. Marcos announced
the end of martial law in January 1981, but he continued to rule in an authoritarian fashion under
various constitutional formats. He won election to the newly created post of president against token
opposition in June 1981.
On November 29, 1972, the convention approved its proposed constitution. Here are some
of the proposed amendments of the Constitution:
� The constitution was supposed to introduce a parliamentary-style government, where
legislative power was vested in a unicameral National Assembly, with members being
elected to six-year term.
� The president was to be elected as the symbolic and ceremonial head of state chosen from
the members of the National Assembly. He would serve a six-year term and could be re-
elected to an unlimited number of terms.
� Executive power was relegated to the Prime Minister, who was also the head of government
and Commander-in-Chief of the Armed Forces who was also to be elected from the National
Assembly.
President Marcos issued then a Presidential Decree No. 73 setting the date of the plebiscite to
ratify or reject the proposed constitution on November 30, 1973. But, it was postponed and instead
of a plebiscite, Citizen Assemblies were held from January 10-15, 1973. On January 17, 1973,
Marcos issued a proclamation announcing that the proposed constitution had been ratified by an
overwhelming vote of the members of the highly irregular Citizen Assemblies. Thus, the constitution
was still amended several times:
� They allow the continuation of Martial Law.
� The president become the Prime Minister and continue to exercise legislative powers until
Martial Law was lifted and authorized the President to legislate on his own on an emergency
basis.
� The retirement age of members of the judiciary was extended to 70 years.
Obviously, given all the amendments, the 1973 Constitution was simply a way of the Marcos to
keep powers, abolish the Senate, and functioned as an authoritarian government with all the powers
concentrated to him.
Marcos’s later years in power were marred by rampant government corruption, economic
stagnation, the steady widening of economic inequalities between the rich and the poor, and the
steady growth of a communist guerrilla insurgency active in the rural areas of the Philippines’
innumerable islands.
THE 1987 PHILIPPINE CONSTITUTION
The 1980’s turbulent state caused the assassination of Benigno Aquino Jr., at Manila
International Airport in August 1983. Thus, it triggered the EDSA People Power Revolution of 1986.
The Marcos family then fled into exile and his opponent in the snap elections, Corazon Aquino was
installed as the new Philippine president on February 25, 1986.
Revert to the
1935
Constitution
President
Corazon
Aquino had
three
options
Retain the 1973 Start anew and
Constitution and break from the
be granted the “vestiges of a
power to make disgraced
reforms dictatorship"
The President decided to draft a new constitution which will ―truly reflective of the aspirations
and ideals of the Filipino people.‖ Thus, in 1986, a constitutional convention was formed, with 48
members appointed by President Aquino coming from varied backgrounds and representations. The
1986 ConCom was composed of 48 individuals who represented all sectors in the country, including,
among others, Bishop Teodoro Bacani, former Supreme Court chief justice Roberto Concepcion,
former labor minister (and eventually senator and foreign affairs secretary) Blas Ople, Ateneo De
Manila University president Father Joaquin Bernas SJ, and University of the Philippines Student
Council Chairperson (now Commission on Human Rights chair) Chito Gascon.
The convention then drew up a permanent constitution, they restore the setup abolished by
Marcos in 1972, but added new ways keeping the president in check.
The 1987 Constitution starts with a preamble and eighteen self-contained articles. It recognized
the country as a ―democratic republican State‖ which means ―sovereignty resides in the people and
all government authority emanates from them.‖ It shares governmental powers among the executive,
legislative, and judicial branches of the government. The Constitution also established three
independent Constitutional Commissions: Civil Service Commission, Commission on Elections, and
Commission on Audit.
Legislative Department
The Legislative Branch enacts legislation, confirms or rejects Presidential appointments, and
has the authority to declare war. This branch includes Congress (the Senate and House of
Representatives) and several agencies that provide support services to Congress.
� Senate (upper house) – composed of twenty-four Senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law.
� House of Representatives (lower house) – shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from legislative
districts apportioned among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected through a party -
list system of registered national, regional, and sectoral parties or organizations.
The party-list representatives shall constitute twenty per cent of the total number of
representatives including those under the party list. For three consecutive terms after the ratification
of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be provided by law, except the religious
sector.
Executive Department
The executive branch carries out and enforces laws. It includes the President, Vice
President, the Cabinet, executive departments, independent agencies, and other boards,
commissions, and committees.
Key roles of the executive branch include:
� President – The President leads the country. He/she is the head of state, leader of the
national government, and Commander in Chief of all armed forces of the Philippines. The
President serves a six-year term and cannot be re-elected.
� Vice President – The Vice President supports the President. If the President is unable to
serve, the Vice President becomes President. He/she serves a six-year term.
� The Cabinet – Cabinet members serve as advisors to the President. They include the Vice
President and the heads of executive departments. Cabinet members are nominated by the
President and must be confirmed by the Commission of Appointments.
Judicial Department
The judicial branch interprets the meaning of laws, applies laws to individual cases, and
decides if laws violate the Constitution. The judicial power shall be vested in one Supreme Court and
in such lower courts as may be established by law. Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights which are legally demandable and enf orceable,
and to determine whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the Government. The judicial
branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate
the Constitution.
Each branch of government can change acts of the other branches as follows:
• SPANISH PERIOD
“United we stand, divided we fall”
When the Spaniards came to the Philippines,
the concept of encomienda (Royal Land Grants)
was introduced. This system grants that
Encomienderos must defend his encomienda
from external attack, maintain peace and order
within, and support the missionaries. In turn,
the encomiendero acquired the right to collect
tribute from the indios (native).
The system, however, degenerated into abuse
of power by the encomienderos The tribute
soon became land rents to a few powerful
landlords. And the natives who once cultivated
the lands in freedom were transformed into
mere share tenants.
• Commonwealth Period
“Government for the Filipinos”
President Manuel L. Quezon espoused the
"Social Justice" program to arrest the
increasing social unrest in Central Luzon.
Significant legislation enacted during
Commonwealth Period:
1935 Constitution – "The promotion of
social justice to ensure the well-being and
economic security of all people should be
the concern of the State"
Commonwealth Act No. 178 (An
Amendment to Rice Tenancy Act No.
4045), Nov. 13, 1936 – Provided for
certain controls in the landlord-tenant
relationships
• National Rice and Corn Corporation
(NARIC), 1936 – Established the price of
rice and corn thereby help the poor
tenants as well as consumers.
Commonwealth Act. No. 461, 1937 –
Specified reasons for the dismissal of
tenants and only with the approval of the
Tenancy Division of the Department of
Justice.
Rural Program Administration, created
March 2, 1939 – Provided the purchase
and lease of haciendas and their sale and
lease to the tenants.
Commonwealth Act No. 441 enacted on
June 3, 1939 – Created the National
Settlement Administration with a capital
stock of P20,000,000.
• Japanese Occupation
“The Era of Hukbalahap”
The Second World War II started in
Europe in 1939 and in the Pacific in 1941.
Hukbalahap controlled whole areas of
Central Luzon; landlords who supported
the Japanese lost their lands to peasants
while those who supported the Huks
earned fixed rentals in favor of the
tenants.
Unfortunately, the end of war also
signaled the end of gains acquired by the
peasants.
Upon the arrival of the Japanese in the
Philippines in 1942, peasants and workers
organizations grew strength. Many
peasants took up arms and identified
themselves with the anti-Japanese group,
the HUKBALAHAP (Hukbo ng Bayan Laban
sa Hapon).
Philippine Republic
� It is the process by which the sovereign, through its law making body, races revenues use
to defray expenses of givernment.
� It is a means of government in increasing its revenue under the authority of the law,
purposely used to promote welfare and protection of its citizenry.
� It is the collection of the share of individual and organizational income by a government
under the authority of the law.
Primary Sources: generates funds or revenues use to defray expenses incureed by the government
in promoting the general welfare of its citizenry. Public expenditure.
1. The normal tax of three percent and the surtax on income was
replaced by a single tax and progressive rate.
2. Personal exemptions were reduced
3. Corporation income tax slightly increased by introducing taxes on
inherited estates or gifts donated in the name of the dead persons.
4. The culminative sales tax was replaced by a single turnover tax of 10%
on luxuries.
5. Taxes on liquors, cigarettes, forestry products and mining were
increased.
6. Dividends were made taxable.
The introduced tax structure was an improvement of the earlier system introduced by the
Americans, but still remained unequitable. As World War II reached the Philippine shores,
economic activity put to stop and the Philippines bowed to a new administrators, the
Japanese. The expenditure of the Japanese military government grew greatly, and they
issued military notes in order to cover the costs of war.