Eleanor Finch
The Philippines has had six constitutions, starting with the country's independence in 1898. The 1935 Constitution, approved by the 1934 Constitutional Convention, was the first. It was followed by the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution, which is the current constitution of the Philippines. Each constitution has undergone amendments and revisions to reflect the changing ideals and aspirations of the Filipino people, with the exception of the 1943 Constitution, which did not have a corresponding proclamation.
| Characteristics | Values |
|---|---|
| Date of approval | February 8, 1935 |
| Date of ratification | May 14, 1935 |
| Date of effect | May 14, 1935 |
| Type of government | unicameral legislature composed of a president and vice president |
| President's term length | six years without re-election |
| Amendments | amended in 1940 to provide for a bicameral legislature composed of a Senate and a House of Representatives |
| Date of approval | October 12, 1986 |
| Date of ratification | February 2, 1987 |
| Date of effect | February 11, 1987 |
| Type of government | N/A |
| President's term length | N/A |
| Amendments | N/A |
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What You'll Learn
The 1935 Constitution
The draft of the constitution was approved by the convention on February 8, 1935, and was ratified by President Roosevelt in Washington, D.C., on March 25, 1935. Elections were held on September 16, 1935, and Manuel L. Quezon was elected as the first President of the Commonwealth of the Philippines. The 1935 Constitution originally provided for a unicameral legislature composed of a president and vice president elected for a six-year term without re-election. It was amended in 1940 to provide for a bicameral legislature composed of a Senate and a House of Representatives. The President was to be elected to a four-year term, together with the vice-president, with one re-election.
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The 1943 Constitution
The constitution begins with an invocation of "Divine Providence" and a proclamation of independence. It establishes the Philippines as a republican state and outlines the government's structure. The executive power is vested in the President of the Republic of the Philippines, who is elected by a majority of all the members of the National Assembly.
The National Assembly is the legislative body and is responsible for choosing its Speaker, secretary, sergeant-at-arms, and other officers. It is required to convene in a regular session once a year and can also be called for a special session by the President. The Assembly also holds the power of impeachment, which can be levied against the President and the Justices of the Supreme Court for culpable violation of the Constitution, treason, bribery, or other high crimes. The Supreme Court tries all impeachments and requires three-fourths of all Justices to concur for a conviction.
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The 1973 Constitution
The 1981 amendments to the 1973 Constitution modified the parliamentary system into a French-style semi-presidential system, restoring executive power to the President and providing for their direct election. It created an Executive Committee to assist the President, headed by the Prime Minister. However, the 1984 amendments abolished the Executive Committee and restored the position of Vice-President.
In 1986, following the ousting of Marcos, President Corazon Aquino issued Proclamation No. 3 as a provisional constitution. This document adopted certain provisions from the 1973 Constitution while abolishing others, such as the unicameral legislature, the office of Prime Minister, and additional legislative powers for the President. The 1973 Constitution served as a transitional basic law to ensure democracy, freedom, and an orderly transfer of power while a new constitution was drafted.
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The 1986 Freedom Constitution
The Freedom Constitution adopted certain provisions from the 1973 Constitution while abolishing others. It granted the President broad powers to reorganize the government and remove officials, as well as mandated the President to appoint a commission to draft a new Constitution. The Constitutional Commission, also known as the 1986 ConCom, was composed of 48 members from diverse backgrounds, including former members of the House of Representatives, former justices of the Supreme Court, a Catholic bishop, and political activists against the Marcos regime. Aquino appointed Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as president of the commission.
The Freedom Constitution abrogated many provisions in the 1973 Constitution adopted by the Marcos regime, including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and additional legislative powers for the President. It maintained other provisions of the 1973 Constitution, including the presidential right to rule by decree.
The Freedom Constitution was a transitional document that lasted for a year before being supplanted by the 1987 Constitution, which was presented to President Aquino on October 15, 1986, and ratified on February 2, 1987, by a plebiscite.
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The 1987 Constitution
> I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.
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