evaluation of the Philippines constitution

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Cards (48)

  • Constitutions of the Philippines
    • Constitution of Biak na Bato (1897)
    • Malolos Constitution (1899)
    • The Commonwealth Constitution (1935)
    • Constitution Authoritarianism (1973)
    • Constitution after Martial Law (1987)
  • Constitution

    The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it; A written instrument embodying the rules of a political or social organization
  • Preamble

    The introductory part of a constitution or statute that usually states the reasons for and intent of the law
  • Charter

    A written grant by a country's legislative or sovereign power, by which a body such as a company, college, or city is founded and its rights and privileges defined
  • The constitution of the Republic of Biak-na-Bato was written by Felix Ferrer and Isabelo Artacho, who copied the Cuban Constitution of Jimaguayú nearly word-for-word
  • The Republic of Biak-na-Bato was one of a number of Filipino revolutionary states that were formed to expel the Spanish colonial regime in the Philippines and were not able to receive international recognition
  • Aguinaldo issued a proclamation from his hideout in Biak-na-Bato entitled "To the Brave Sons of the Philippines", in which he listed his revolutionary demands
  • On November 1, 1897, the provisional constitution for the Biak-na-Bato Republic was signed
  • The Pact of Biak-na-Bato effectively ended the Republic of Biak-na-Bato
  • When the Spanish–American War broke out on April 25, 1898, the United States Commodore George Dewey aboard the USS Olympia sailed from Hong Kong to Manila Bay leading the Asiatic Squadron of the U.S. Navy
  • On June 12, Aguinaldo issued the Philippine Declaration of Independence and followed that with several decrees forming the First Philippine Republic
  • Elections were held from June 23 to September 10, 1898 for a new national legislature, the Malolos Congress
  • The Malolos Congress approved the draft Constitution on November 29, 1898
  • The Malolos Constitution was formally adopted by the Malolos Congress on January 20, 1899
  • The Malolos Constitution was written in Spanish, the official language of the Philippines at the time, and was written by Felipe Calderón y Roca and Felipe Buencamino
  • The 14 Articles of the Malolos Constitution

    • The Republic
    • The Government
    • Religion
    • The Filipinos and Their National and Individual Rights
    • The Legislative Power
    • The Permanent Commission
    • The Executive Power
    • The President of the Republic
    • The Secretaries of Government
    • The Judicial Power
    • Provincial and Popular Assemblies
    • Administration of the State
    • Amendment of the Constitution
    • Constitutional Observance, Oath, and Language
  • Preamble of the 1899 Malolos Constitution: 'We, the Representatives of the Filipino people, lawfully covened, in order to establish justice, provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following:'
  • The 1935 Constitution - Also known as the Commonwealth Constitution, has been the Constitution made by the Filipinos but ratified by both Filipinos and Americans
  • The 1935 Constitution was amended in 1940 to permit the reelection of the president and the vice president, to restore the Senate and thus shift the legislature back to the bicameral system, and to establish a national electoral authority, the Commission on Elections
  • Salient features of the 1935 Constitution
    • ARTICLE I.—THE NATIONAL TERRITORY
    • ARTICLE II.—DECLARATION OF PRINCIPLES
    • 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.—IMPEACHMENT
    • ARTICLE X.—GENERAL AUDITING OFFICE
    • ARTICLE XI.—CIVIL SERVICE
    • ARTICLE XII.—CONSERVATION AND UTILIZATION OF NATURAL RESOURCES
    • ARTICLE XIII.—GENERAL PROVISIONS
    • ARTICLE XIV.—AMENDMENTS
  • The 1973 Constitution was promulgated after Ferdinand Marcos' declaration of martial law and was supposed to introduce a parliamentary-style government
  • Legislative power was vested in a unicameral National Assembly whose members were elected for six-year terms
  • The President was ideally elected as the symbolic and purely ceremonial head of state chosen from amongst the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms
  • Executive power was meant to be exercised by the Prime Minister who was also elected from amongst the Members of the National Assembly
  • 1973 Constitution

    Promulgated after Ferdinand Marcos' declaration of martial law, supposed to introduce a parliamentary-style government
  • 1973 Constitution

    • Legislative power vested in a unicameral National Assembly
    • Members of National Assembly elected for six-year terms
  • President

    Elected as the symbolic and purely ceremonial head of state, chosen from amongst the Members of the National Assembly for a six-year term, could be re-elected to an unlimited number of terms
  • Prime Minister

    Elected from among the sitting Assemblymen, head of government and Commander-in-Chief of the Armed Forces
  • 1973 Constitution was subsequently amended four times (arguably five, depending on how one considers Proclamation No. 3 of 1986)
  • From October 16–17, 1976, a majority of barangay voters (also called "Citizens' Assemblies") approved that martial law should be continued and ratified the amendments to the Constitution proposed by President Marcos
  • 1976 amendments to 1973 Constitution

    • Restored executive power to the President
    • Restored direct election of the President
    • Created an executive committee composed of the Prime Minister and not more than 14 members to "assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe"
    • Prime Minister was a mere head of the Cabinet
  • The 1973 Constitution was further amended in 1980 and 1981
  • 1980 amendment

    • Retirement age of the members of the judiciary was extended to 70 years
  • 1981 amendments

    • Formally modified the parliamentary system into a French-style semi-presidential system
  • President Corazon Aquino advocated for the creation of a new constitution to replace both the 1973 modified constitution and the 1986 provisional constitution in order to restore political stability
  • 1987 Constitution

    • Established a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary
    • Established three independent constitutional commissions: the Commission on Audit, the Civil Service Commission, and the Commission on Elections
    • Integrated a full Bill of Rights, guaranteeing fundamental civil and political rights
    • Provided for free, fair, and periodic elections
  • The 1987 Constitution established that civilian authority always reigns supreme over the military, ending the dictatorship and reinstating democratic institutions
  • The 1987 Constitution stated that the state and people of the Philippines are protected by the Armed Forces of the Philippines
  • Basic Principles Underlying the New Constitution (1987)
    • Recognition of the aid of Almighty God
    • Sovereignty of the people
    • Renunciation of war as an instrument of national policy
    • Supremacy of civilian authority over the military
    • Separation of church and State
    • Recognition of the importance of the family as a basic social institution and of the vital role of the youth in nation building
    • Guarantee of human rights
    • Government through suffrage
    • Separation of powers
    • Independence of the judiciary
    • Guarantee of local autonomy
    • High sense of public service morality and accountability of public officers
    • Nationalization of natural resources and certain private enterprises affected with public interest
    • Non usability of the State
    • Rule of the majority
    • Government of laws and not of money
  • The Ramos Administration included a shift to a parliamentary system and the lifting of term limits of public officials, arguing that the changes will bring more accountability, continuity, and responsibility to the "gridlock"-prone Philippine version of presidential bicameral system