Isabella Carter
The Philippines has had a long and tumultuous journey to independence, with several constitutions drafted over the years. The first Philippine Constitution, called the Malolos Constitution, was approved on 20 January 1899, after a revolution against Spain and a declaration of independence in 1898. Since then, the country has had several constitutions, including the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution. Each of these constitutions has played a role in shaping the country's government and political system, outlining the rights and responsibilities of its citizens and establishing key positions such as the President and Vice-President. The current constitution, the 1987 Constitution, was ratified by a plebiscite and proclaimed in force on 11 February 1987. It establishes the country's commitment to democracy, freedom, and justice, while also outlining the powers and limitations of the government and the protection of citizens' rights.
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What You'll Learn
The 1987 Constitution
The Constitution outlines the rights of Filipino citizens, including protections against the abuse of state power. These include the right to due process and equal protection under the law, the right against searches and seizures without a warrant, and freedom of speech, expression, press, and assembly. It also establishes that no person shall be twice put in jeopardy of punishment for the same offence.
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The 1935 Constitution
The Constitution vested legislative power in a Congress of the Philippines, consisting of a Senate and a House of Representatives. The Senate was to be composed of 24 Senators, each serving a term of six years, and the House of Representatives was limited to 120 Members apportioned among the provinces. Qualifications for Senators included being a natural-born citizen, at least 35 years old, a qualified elector, and a resident of the Philippines for a minimum of two years.
This Constitution was replaced by the 1973 Constitution of the Philippines.
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The Jones Law of 1916
The Jones Law, also known as the Jones Act, the Philippine Autonomy Act, and the Act of Congress of August 29, 1916, was passed by the United States Congress on August 29, 1916. It replaced the Philippine Organic Act of 1902 and acted as the constitution of the Philippines from its enactment until 1934 when the Tydings-McDuffie Act was passed. The Jones Law created the Philippines' first fully elected legislature, marking a significant step towards autonomy from the United States.
The law replaced the Philippine Commission, which had been dominated by Americans, with an elective Senate. It extended the franchise to all literate Filipino males who met minimum property qualifications. Additionally, it incorporated a bill of rights, which included protections for due process, eminent domain, and the rights of persons accused of crimes.
One of the key provisions of the Jones Law was its declaration of the United States' intention to "withdraw their sovereignty over the Philippine Islands as soon as a stable government can be established therein." This indicated a shift towards granting independence to the Philippines, with certain privileges reserved for the United States to protect its sovereign rights and interests.
The Jones Law also addressed the issue of citizenship in the Philippines. It stated that inhabitants of the Philippine Islands who were previously Spanish subjects and their children would be considered citizens of the Philippine Islands, except those who preserved their allegiance to Spain or became citizens of another country. The Philippine Legislature was authorised to provide a path to Philippine citizenship for natives of the islands who did not fall under these provisions.
Furthermore, the law outlined the financial responsibilities of the Government of the Philippines, specifying that expenses related to salaries of officials, internal improvements, and development of the islands would be borne by the Philippine government, except for specific cases provided by the US Congress. It also clarified that future statutory laws of the United States would not automatically apply to the Philippine Islands unless specifically stated.
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The 1899 Malolos Constitution
The Malolos Congress discussed the draft constitution article by article from October 25 to November 29, 1898. By the end of these discussions, the Congress was in general agreement, except regarding religion. An amendment adding an article guaranteeing religious freedom was approved by one vote on November 28. On January 21, Aguinaldo sent a message to the congress recommending changes to the draft. Following this, provisions were added that essentially gave Aguinaldo the power to rule by decree "during the time the country may struggle for its independence."
As amended, the draft constitution was approved by the congress on January 20, 1899, and was promulgated by President Emilio Aguinaldo on January 21, 1899. It was written in Spanish, which was the official language of the Philippines at the time. The style of the document was patterned after the Spanish Constitution of 1812, which many Latin American charters from the same period also followed.
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The President's role
The Philippines has had several constitutions throughout its history, and the role of the President has evolved with each iteration. The country gained independence from Spain in 1898, and the First Philippine Republic adopted its first constitution, the Malolos Constitution, in 1899. This was followed by the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution, which is the current constitution.
Under the current constitution, the President of the Philippines serves as the head of state and the commander-in-chief of all armed forces. This includes not only the Armed Forces of the Philippines but also other armed uniformed services such as the Philippine National Police and the Philippine Coast Guard. The President has the power to mobilize these forces to prevent or suppress lawless violence, invasions, or rebellions.
One of the key roles of the President is their ability to declare martial law throughout the entire country or in specific areas in cases of public safety concerns. However, the constitution explicitly prohibits the suspension of the constitution, the replacement of civilian courts with military courts, and the use of military courts over civilians when civilian courts are operational during a state of martial law.
The President also plays a significant role in the country's judiciary. They have the power to veto a bill passed by both houses of Congress, which can only be overridden by a two-thirds vote in both houses. Additionally, the President appoints the members of the Supreme Court, although their choices are limited to a list of nominees presented by a Judicial and Bar Council.
The President is elected separately from the Vice President, leading to the possibility of leaders from different parties or alliances. This dynamic has indeed played out in the country's political history.
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Frequently asked questions
The Philippines has had several constitutions throughout its history, including:
- The 1899 Malolos Constitution
- The 1935 Constitution
- The 1943 Constitution
- The 1973 Constitution
- The 1987 Constitution
The current constitution of the Philippines is the 1987 Constitution, which was ratified on February 2, 1987, and came into force on February 11, 1987.
The 1987 Constitution establishes the position of Vice-President, who can serve for up to two consecutive six-year terms. It also outlines the basic social and political creed of the Philippines, including the objectives of the government, and establishes three independent constitutional commissions.
The Philippine Constitution establishes the President as the commander-in-chief of all armed forces and gives them the power to declare martial law in certain situations. It also outlines the rights and protections of Filipino citizens, including due process, freedom of speech, and equal protection under the law.
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