Lesson 4

• • Defined as a set of fundamental principle or established precedent according to which a state or other organization is governed, thus the word itself means o be part of a whole, the coming together of distinct entities into one group with the same principles and ideals.
  • These define the nature and extent of government.

  Constitution
• • A provisionary Constitution during the Philippine Revolution.
  • Promulgated on November 1, 1897
  • Written in Spanish by Isabelo Artacho and Felix Ferrer.

  The Constitution of Biak-na-Bato
• Three organs of the government:

  • Headed by president and 4 department secretaries(interior, foreign affairs, treasury, and war);
  • Make decisions and affirm/disprove sentences by other courts and dictate rules for administration of justice.
  • Be convened after the revolution to create new constitution and to elect a new Council of Government and Representatives of the people.

  1. Supreme Council
  2. Supreme Council of Grace and Justice
  3. Assembly of Representatives
• • The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the revolution in the existing war.

  Preamble of the Biak-na-Bato Constitution
• • Philippine Declaration of Independence was issued along with several decrees that formed the First Philippine Republic
  • Is the first important Filipino document ever produced by the people's representatives.
  • It is anchored in democratic traditions that ultimately had their roots in American soil.

  The Malolos Constitution (1899)
• • "The State recognizes the freedom and equality of all beliefs, as well as the separation of Church and State."

  Title III, Article 5 of the Malolos Constitution
• • Dec. 10, 1898 to March 24, 1934 Philippines was a US colony.
  • Passed (2) acts: Philippine Organic Act of 1902 and Philippine Autonomy Act of 1916
  • Informally acts as Philippine Constitutions as they defined fundamental political principles: structure, procedures, powers and duties of the Philippine government
  • The third act was Tydings-McDuffie Act of 1934

  Act of the US Congress (1902-1934)
• • Also known as "Philippine Bill of 1902" provided for the creation of a popularly elected Philippine Assembly
  • Specified that legislative power vested in a bicameral legislature: Philippine Commission and Philippine Assembly
  • Provisions included bill of rights for the Filipinos and appointment of two non-voting Filipino Resident Commissioner in the US House of Representatives.

  Philippine Organic Act of 1902
• • Also known as "Jones Law" which removed the Philippine Commission replacing it with a Senate elected by Filipino .
  • Also explicitly stated that Philippine independence would be granted as soon as a stable government can be established.

  Philippine Autonomy Act of 1916
• • Provided authority and defined mechanisms for the establishment of a formal constitution via constitutional convention

  Tydings-Mcduffie Act (1934)
• • Created the Commonwealth of the Philippines, an administrative body from 1935 to 1946 Transitional to prepare for eventual independence
  • Provided for a unicameral National Assembly with president and vice-president elected for six-year term with no re-election
  • Amended in 1940 to have bicameral Congress composed of a Senate and a House of Representatives.
  • Created independent electoral commission
  • Granted women suffrage two years after adoption

  The Commonwealth Constitution (1935)
• • Approving the adoption of Tagalog as the language of the Philippines, and declared and proclaimed the national language based on the Tagalog dialect as the national language of the Philippines.

  Exec. Order No. 134
• • The Filipino people imploring the divine providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution.

  1935 Preamble
• • Drafted by the Preparatory Committee for Philippine Independence appointed by Philippine Executive Commission
  • Premier Hideki Tojo promised independence in 1942
  • Ratified in 1943 by an assembly of appointed, provincial representatives of Kalibapi.
  • Jose P. Laurel was appointed president by the National Assembly, declared a state of war against US and British Empire.
  • Macapagal administration officially recognized Laurel as a former president.

  The 1943 Constitution
• • The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their independence, and in order to establish a government that shall promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the creation of a world order based on peace, liberty, and moral justice, do ordain this Constitution.

  Preamble of the 1943 Constitution
• • Amended four times .
  • Dec. 30, 1965, Marcos was inaugurated president .
  • 1967 Philippine Congress passed a resolution calling for a Con-Con to change the 1935 constitution .
  • Instituted electoral reforms.

  The 1973 Constitution (1973-1886)
• • Amended four times .
  • Dec. 30, 1965, Marcos was inaugurated president .
  • 1967 Philippine Congress passed a resolution calling for a Con-Con to change the 1935 constitution .
  • Instituted electoral reforms.

  The 1973 Constitution (1973-1886)
• • We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a Government that shall embody our ideals, promote the general welfare, conserve and develop the patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.

  1973 Preamble
• • 1986 People power Revolution ousted Marcos
  • Pres. Corazon C. Aquino issued Proclamation No. 3 as a provisional constitution
  • Granted broad powers to reorganize government and remove officials, mandating the president to appoint a commission to draft a new Constitution.
  • Intended as a temporary constitution to ensure freedom of the people and the return to democratic rule.

  The Freedom Constitution (1986)
• • Ratified by a nationwide plebiscite on February 8, 1987.
  • Begins with preamble with 18 articles
  • A "democratic republican State", sovereignty resides in the people and all government authority emanates from them"
  • Allows martial law in times of emergency only for 60 days
  • Congress can revoke by majority vote or extend.
  • Congress may declare a state of war thru 2/3 votes in upper and lower houses

  The 1987 Constitution
• • We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, equality, and peace, do ordain and promulgate this Constitution.

  Preamble 1987