Malcolm Rivera
The Philippines has had a long and tumultuous history, with various constitutions being drafted, ratified, and implemented since the Spanish-American War of 1898. The country's constitutional evolution has been influenced by foreign powers, revolutions, and internal political shifts. The current constitution of the Philippines, the 1987 Constitution, was ratified in 1987 and established the country as a sovereign nation with a democratic government. This constitution outlines the powers of the president, the court system, citizenship, and other fundamental principles that govern the country. Previous constitutions, such as the 1899 Malolos Constitution, the 1935 Constitution, and the 1973 Constitution, have also played significant roles in shaping the country's political landscape. This topic explores the evolution of the Philippines' constitutions and the impact they have had on the nation's history and present-day governance.
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What You'll Learn
The 1899 Malolos Constitution
The Malolos Constitution aimed to establish the first functional parliamentary republic in Asia. However, it was never fully implemented nationwide due to the outbreak of the Philippine-American War and the US occupation of the Philippines following the 1898 Treaty of Paris. The US suppressed the Philippine independence movement and, after Spain ceded control of the Philippines to them in the Treaty of Paris, the US proceeded to rule the Philippines for several decades. The First Philippine Republic was never officially recognized by foreign governments, and the 1899 Malolos Constitution was never fully enforced across the entire Philippine archipelago.
The Malolos Constitution also enshrined the principle of popular sovereignty, which holds that ultimate political power belongs to the people and that government officials only carry out duties that the people permit. This idea, drawn from the French Declaration of the Rights of Man and Citizen of 1793, would go on to become a historical predecessor to the modern concept of popular sovereignty, now recognized in most constitutions worldwide.
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The 1935 Constitution
Under this constitution, the legislative power was vested in a National Assembly, with members chosen every three years. Suffrage was initially limited to male citizens over 21 years of age who could read and write and had resided in the Philippines for at least one year. However, the National Assembly was given the power to extend the right of suffrage to women if a sufficient number voted affirmatively in a plebiscite.
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The 1943 Constitution
The National Assembly was to convene in a regular session at least once a year, with a maximum duration of 60 days (excluding Sundays). The assembly could also be called for a special session by the President to address specific subjects or general legislation. The National Assembly would choose its own officers, including a Speaker, a secretary, and a sergeant-at-arms. A majority of all members constituted a quorum for conducting business.
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The 1973 Constitution
The Constitution included provisions such as the right to free access to the courts, regardless of poverty, and the prohibition of double jeopardy, ensuring that no person shall be twice put in jeopardy of punishment for the same offense.
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The 1987 Constitution
The Constitution also addresses citizenship, stating that natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect their citizenship. It also outlines the requirements for naturalization and the conditions for revoking citizenship.
The judicial power of the government is exercised by the Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by the President from a list of nominees presented by the Judicial and Bar Council. The Court can hear cases on the constitutionality of any law, treaty, or decree of the government.
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Frequently asked questions
The current constitution of the Philippines is the 1987 Constitution of the Republic of the Philippines.
The 1987 Constitution establishes the position of the President of the Philippines, who is elected directly for a single six-year term. It also establishes the position of Vice-President, who can serve for up to two consecutive six-year terms. The President serves as the commander-in-chief of all armed forces and can declare a state of martial law if public safety necessitates it. The constitution also outlines the structure of the court system, which includes a 15-member Supreme Court appointed by the President.
Previous constitutions of the Philippines include the 1899 Malolos Constitution, the 1935 Constitution, the 1943 Constitution, and the 1973 Constitution. The 1899 Malolos Constitution, approved by the Malolos Congress and promulgated by President Emilio Aguinaldo, was the first Philippine Constitution. However, it was never fully implemented nationwide due to the outbreak of the Philippine-American War.
