Evolution of Philippine Constitution

Rodrig Rodrigo o C. Awit Awit II II

BSN IV-P IV-P

Evolution of Philippine Constitution

Malolos Convention (1898)

known as the Constitución Política de Malolos and it was written in Spanish  Following the declaration of  independence from Spain on June 12, 1898 and transformation of the dictatorial government to a revolutionary government on 23 June  convened in Barasoain Church in Malolos (now Malolos City, Bulacan) Bulacan)  Pedro Paterno as president and Gregorio Araneta as vice president Mabini,  opposed by Apolinario Mabini, the Prime Minister of Minister of the revolutionary government.  ratified on November 29, 1898, signed into law on December 23, approved on January 20, 1899  sanctioned by President Emilio Aguinaldo on January 21, and  promulgated on January 22 

Commonwealth (1935) 

written with an eye to meeting the approval of the United States Government as 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 onto its “possession” on the grounds that it was too politically immature and hence unready for full, real independence and shall be known as the Republic of the Philippines..   provided for unicameral  National Assembly and the President was elected to a six-year  term without re-election.  adopts the Regalian Doctrine or  the Principle of State ownership for all its natural wealth and  provides for the proper utilization of such wealth by its citizens  ratified on 14 May 1935. amended in 1940 and in 1947. This

Ferdinand Marcos Constitution (1973)

On 24 August 1970, Congress enacted RA No. 6132, otherwise known as the Constitutional Convention Act, for the purpose of  convening a Constitutional Convention.  While in the process of drafting a new Constitution, President Ferdinand Marcos declared Martial Law on 21 September 1972.  The draft constitution was submitted to the Citizen's Assemblies from January 10 to 17, 1973 for ratification. On 17 January 1973, President Marcos issued Proclamation No. 1102, announcing the ratification of the Constitution of the Republic of the Philippines.  composed of a preamble and 17 articles, provides for the shift from  presidential to parliamentary system of government 

Freedom Constitution (1987)  following the People Power  Revolution which ousted Ferdinand Marcos as president  Corazon Aquino issued Proclamation No. 3, declaring a national policy to implement the reforms mandated by the people,  protecting their basic rights, adopting a provisional constitution, and providing for an orderly translation to a government under a new constitution.  Proclamation No. 9, creating a Constitutional Commission (popularly abbreviated "Con Com" in the Philippines) to frame a new constitution to replace the 1973 Constitution which took effect during the Marcos martial law regime  appointed 50 members to the Commission, including several former congressmen, a former 

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anchored in democratic traditions that ultimately had their  roots in American soil, modeled on the constitutions of France, Belgium, and Latin American countries  states that the people have exclusive sovereignty  It states basic civil rights, separated the church from the state, and called for the creation of  an Assembly of Representatives which 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 the Assembly  the authentic and official constitution of La Republica Filipina (Philippine Republic).  "Nosotros los Representantes del Pueblo Filipino, convocados legítimamente para establecer la  justicia, proveer a la defensa común, promover el bien general y asegurar los beneficios de la libertad, implorando el auxilió del Soberano Legislador del Universo  para alcanzar estos fines, hemos votado, decretado y sancionado la siguiente"

version incorporates all the amendments.  was submitted to US President Franklin D. Roosevelt on 18 March 1935. He, in turn, certified that it conforms with Public Act  No. 127 which was passed by the U.S. Congress on 23 March 1935 and forwarded the same to the Governor General of the Philippine Islands for ratification of the Filipino people  “The Filipino people, imploring the aid of 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.”

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retains the independence of the Commission on Elections and establishes two independent constitutional bodies [Civil [Civil Service Commission and the Commission on Audit] Audit] as well as the National the National Economic Development Authority [NEDA]. constitution was further amended in 1980 and 1981. In the 1980 amendment, the retirement age of  the members of the Judiciary was extended to 70 years

Supreme Court Chief Justice (Roberto Concepcion), Concepcion), a Catholic  bishop (Teodoro Bacani) and film director ( director (Lino Brocka) Brocka)  finished the draft charter within four months after it was convened  issues were heatedly debated during the sessions, including on the form of government to adopt, the abolition of the death penalty, penalty, the continued retention of the Clark  and Subic American military bases, and the integration of economic  policies into the Constitution  ConCom completed their task  on October 12, 1986 and presented the draft constitution to President Aquino on October 15, 1986  On February 11, 1987, the new constitution was proclaimed ratified and took effect.  establishes the Philippines as a "democratic and republican State", where "sovereignty resides in the  people and all government authority emanates from them".