History of Philippine Constitution "possession" on the grounds that it was too

politically immature and hence unready for full,

Malolos Congress real independence.

After Spanish rule for 300 years, a revoltion started
and the Filipinos declared independence on Kawit,
Cavite June 12, 1898.
September 15, 1898, the Malolos Congress was
convened to create the first Philippine Constitution
based from the French Constitution. This is called
the Malolos Constitution and approved on January
20, 1899 ushering the First Philippine Republic.
The document declares that the people have
exclusive sovereignty. It states basic civil rights,
the separationof church and state, and calls for the
creation of an Assembly of Representativeswhich
would act as the legislative body. It also calls for a
Presidential form of government with the president
elected for a term of four years by a majority of
theAssembly. The Malolos Constitution
establishedSpanishas the official language of the
Philippines.
Preamble - “We, the Representatives of the Filipino
people, lawfully convened, in order toestablish
justice, provide for common defense, promote the
general welfare, and insure the benefits of liberty,
imploring the aid of the Sovereign Legislator of
theUniverse for the attainment of these ends, have
voted, decreed, and sanctioned the following”
Preamble – “The Filipino people, imploring the aid
of Divine Providence, in order toestablish 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
independenceunder a regime of justice, liberty, and
democracy, do ordain and promulgate this
constitution."
The original 1935 Constitution provides, inter alia,
for a unicameral Legislature and a single six-year
term for the President. It was amended in 1940 to
have a bicameral Congress composed of a Senate
and House of Representatives, as well the creation
of an independent Commission on Elections. The
Constitution limited the President to a four-year
term with a maximum of two consecutive terms in
office.
Second Republic (1943)
1943 Constitution of the Republic of the
Philippines was drafted by the committee appointed
by the Philippine Executive Commission, the body
established by the Japanese to administer the
Philippines in lieu of the Commonwealth of the
Philippines.

Commonwealth and the Third Republic The Philippine Independence Committee drafted a
new constitution. Their draft for the republic to be
Spanish-American War, Filipinos sided with
established under the Japanese Occupation,
Americans hoping they would give them
however, would be limited in duration, provide for
independence. After the Spanish ceded or sold the
indirect, instead of direct, legislative elections, and
Philippines, the Americans suppressed the
an even stronger executive branch.
independence movement.
Jose P. Laurel was appointed President by the
1916, US passed the Jones Act stating that
National Assembly and formally proclaimed the
independence would only be granted upon the
Second Republic.
formation of a stable democratic government
modelled on the American model. The 1943 Constitution remained in force in
Japanese-controlled areas of the Philippines, but
The 1935 constitution of the Philippines was
was never recognized as legitimate or binding by
written on 1934 approved and adopted by the
the governments of the United States or of the
Commonwealth of the Philippines (1935-1946) and
Commonwealth of the Philippines.
later used by the Third Republic of the Philippines
(1946-1972). It was written with an eye to meeting After Japan’s surrender, Jose Laurel declared the
the approval of the United States Government as Second Republic officially dissolved.
well, so as to ensure that the U.S. would live up to
its promise to grant the Philippines independence
and not have a premise to hold on to its
1943 charter was not taught in schools and the laws
of the 1943-1944 National Assembly never
recognized as valid or irrelevant.
Preamble – “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."
The 1943 Constitution provided strong executive
powers. The Legislature consistedof
aunicameralNational Assembly and only those
considered as anti-US couldstand for election,
although in practice most legislators were
appointed rather thanelected.
Fourth Republic (1973)
The 1973 Constitution promulgated after Marco’
declaration of Martial Law, provides for a
parliamentary form of government.
Legislative power was vested in a National
Assembly whose members were elected for six-
year terms.
The President was elected as the symbolic head of
state from the Members of the National Assembly
for a six-year term and could be re-elected to an
unlimited number of terms. Upon election, the
President ceased to be a member of the National
Assembly. During his term, the President was not
allowed to be a member of a political party or hold
any other office.
Executive power was exercised by the Prime
Minister who was also elected from the Members
of the National Assembly. The Prime Minister was
the head of government and Commander-in-Chief
of the armed forces.
22 September 1976, President Marcos issued
Presidential Decree No. 1033 proposing
amendments to the Constitution.
The amendments provide, among other things, for
the replacement of the National Assembly by the
Batasang Pambansa. It also states that the
incumbent President of the Philippines shall be the
Prime Minister, and shall continue to exercise
legislative powers until Martial Law has been
lifted.
Presidential Proclamation No. 3, popularly known
as the 1986 Provisional Freedom Constitution
superseded and abolished certain provisions from
the constitution.
It granted the president the power to remove
officials from office reorganize the government and
hold a new constitutional convention to draft a new
constitution.
After the removal of Marcos, President Corazon C.
Aquino issued Proclamation No.3 and the adoption
of a provisional constitution that would prepare for
the next constitution which became the 1987
constitution.
The 1986 Provisional Constitution
Popularly known as the Freedom Constitution,
promulgated by President Corazon C. Aquino on
March 25, 1986, was a provisional constitution
after a successful People Power Revolution. Under
the Freedom Constitution, executive and legislative
powers are exercised by the President, and shall
continue to exercise legislative powers until a
legislature is elected and convened under a new
Constitution. Furthermore, the President is
mandated to convene a Constitutional Commission
tasked to draft a new charter
The 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. There were three independent
constitutional commissions as well: the
Commission on Audit, the Civil Service
Commission, and the Commission on Elections.
Integrated into the Constitution was a full Bill of
Rights, which guaranteed fundamental civil and
and political rights, and it provided for free, fair,
and periodic elections.