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Assignment 4.2 Evolution of The Philippine Constitution

The 1897 Constitution of Biak-na-Bato and the 1899 Malolos Constitution were the first constitutions established in Philippine history following the revolution against Spanish colonial rule. The Biak-na-Bato Constitution established the first Philippine republic and was based on the Cuban constitution, while the Malolos Constitution declared sovereignty resided with the people and called for a parliamentary republic. Subsequent constitutions in 1935, 1973, 1986, and 1987 featured different systems of government and addressed the political contexts of their times, with the 1935 and 1987 constitutions establishing democratic republican systems and separation of powers based on the US model.

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255 views

Assignment 4.2 Evolution of The Philippine Constitution

The 1897 Constitution of Biak-na-Bato and the 1899 Malolos Constitution were the first constitutions established in Philippine history following the revolution against Spanish colonial rule. The Biak-na-Bato Constitution established the first Philippine republic and was based on the Cuban constitution, while the Malolos Constitution declared sovereignty resided with the people and called for a parliamentary republic. Subsequent constitutions in 1935, 1973, 1986, and 1987 featured different systems of government and addressed the political contexts of their times, with the 1935 and 1987 constitutions establishing democratic republican systems and separation of powers based on the US model.

Uploaded by

Mitch Montales
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1. The ratification of the 1897 and 1899 Constitution.

The 1897 Constitution of Biak-na-Bato


- The Katipunan's revolution led to the Tejeros Convention where, at San Francisco de Malabón,
Cavite, on March 22, 1897, the first presidential and vice presidential elections in Philippine history
were held although only Katipuneros were able to take part, and not the general populace. A later
meeting of the revolutionary government established there, held on November 1, 1897 at Biak-na-
Bato in the town of San Miguel de Mayumo in Bulacán, established the Republic of Biak-na-Bato.
The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and based on the first
Cuban Constitution.[citation needed] It is known as the "Constitución Provisional de la República de
Filipinas", and was originally written in and promulgated in the Spanish and Tagalog languages.
The 1899 Malolos Constitution
- The Malolos Constitution was the first republican constitution in Asia. It declared that sovereignty
resides exclusively in the people, stated basic civil rights, separated the church and state, and called
for the creation of an Assembly of Representatives to act as the legislative body. It also called for a
parliamentary republic as the form of government. The president was elected for a term of four years
by a majority of the Assembly. It was titled "Constitución política", and was written in Spanish
following the declaration of independence from Spain,proclaimed on January 20, 1899, and was
enacted and ratified by the Malolos Congress, a Congress held in Malolos, Bulacan

2. Compare the salient features of 1935, 1973, 1986 and 1987 Philippine Constitutions.

1935 Constitution
History: In 1916, the US passed the Jones Act which specified that independence would only be
granted upon the formation of a stable government (democratic) modelled on the American Model.
The US approved a 10-year transition plan in 1934, and drafted a new Constitution in 1935. After
some issues and problems, this constitution, which had featured a political system, virtually identical
to the American one, finally became operative.
Salient features:
 It became the legal basis of the Commonwealth Government.
 It enumerated the composition, separation of powers, and duties of the branches of the
government
 It adopted the Regalian Doctrine of the Principle of State ownership for its natural wealth
utilized by every citizens.
 It had created the General Auditing Office.
 It had followed a unicameral system of government.
 It gives the president the powers including the emergency power in terms of protecting the
State from wars and national emergencies.
1973 Constitution
History: Marcos, with the presence of the Constitutional Convention, amended the 1935 Constitution
into 1973 Constitution justifying the insurgency of the Communist party during his tenure; hence, he
had declared Martial law to handle the phenomenon that time.
Salient features:
 The content of the Constitution is comprised of a preamble in contrast to the 1935
Constitution, and 17 articles especially on duties of the netizens.
 It is the first time in history to have a parliamentary system of government where there is:
 the President symbolized as the head of the state, and be voted by the people in a State;
and
 the Prime Minister symbolized as the head of the government, and be voted by the ministries
or what we call today as the cabinets as well as the members of the National Assembly.
 Legislative powers are also given to the President in enacting laws necessary to prevent the
insurgency of New People’s Army.
 There is an emphasis of the duties and obligations of the citizens especially in giving military
services and joining military forces.
 The Constitution depicts an autocratic leadership to maintain and improve the discipline of
every individual person.

1987 Constitution
History: President Corazon Aquino in April 1986 created, through Proclamation No. 9, the 1986
Constitutional Commission, which was responsible for drafting a replacement for the 1973
Constitution.
Salient features:
 It has supplanted the "Freedom Constitution" upon its ratification in 1987.
 It has declared a National Policy to implement the reforms mandated by the people, protect
their Basic Rights, adopt a Provisional Constitution, and provide for an orderly transition to
a government under the new constitution.
 It has adopted some provisions of the 1973 Constitution provided that they are not contrary
to the proclamation such as the principle of separation of powers, the proper way of making
a bill into a law, and the bill of rights which is comprised of our political, cultural, social,
spiritual, and civil rights.
 It granted the President broad powers to reorganize government and remove officials, as
well as mandating the president to appoint a commission to draft a new, more formal
Constitution.
 It has been a document truly reflective of the ideals and aspirations of the Filipino people.
(e) Legislative enactments again has rested in the Congress. (f) The Republic form of
government by virtue of the 1987 Constitution was the same type of republican government
prior to Martial law by virtue of the 1935 Constitution with three co-equal branches:
Executive, Legislative and the Judiciary

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