Jonah Patel
The Philippines has been governed by several constitutions throughout its history, including the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The current constitution, known as the 1987 Constitution, establishes a democratic and republican form of government with legislative, executive, and judicial branches. It includes a bill of rights that guarantees freedoms and protections against governmental overreach and outlines the basic social and political creed of the country. The constitution also defines Filipino citizenship and provides for a strong ombudsman to promote moral and ethical conduct in government. With a rich constitutional history, the Philippines has evolved its governmental structure and legal framework to meet the changing needs of its people.
| Characteristics | Values |
|---|---|
| Current constitution | Ratified in 1987 |
| Previous constitutions | 1935, 1973, 1986 |
| Type of government | Democratic and republican |
| Branches of government | Legislative, executive, judicial |
| Legislative branch | Congress, consisting of the Senate and the House of Representatives |
| Executive branch | Headed by a president |
| Judicial branch | Supreme Court and lower courts |
| Bill of rights | Yes, including protections against governmental overreach |
| Citizenship | Defined in Article IV |
| Rights | Due process, equal protection of law, freedom of speech, freedom of the press, freedom of assembly, right to petition, etc. |
| Ombudsman | Independent from other branches of government, appointed by the President for a 7-year term |
| Impeachment | Initiated by the House, tried by the Senate |
| Agricultural lands | May be leased to private corporations for up to 25 years, not exceeding 1,000 hectares |
| Natural resources | Limited to citizens of the Philippines or corporations owned by citizens |
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What You'll Learn
The 1935 Commonwealth Constitution
The 1935 Constitution was the result of the Tydings–McDuffie Act or the Philippine Independence Act, which allowed for the creation of the Commonwealth of the Philippines with a ten-year transition period to full independence. The Commonwealth of the Philippines was an unincorporated territory and commonwealth of the United States that existed from 1935 to 1946, with its foreign affairs managed by the US. During this period, the Commonwealth had a strong executive, a unicameral National Assembly, and a Supreme Court, all composed entirely of Filipinos.
The 1935 Constitution provided for the continuation of existing laws in the Philippine Islands until the inauguration of the Commonwealth, after which laws could be amended, altered, or repealed by the National Assembly or Congress. It also stipulated that all officers and employees in the existing government would remain in office until provisions were made by the National Assembly or Congress, and that the first election of officers under the new Constitution would take place as outlined in a US Congressional Act.
The 1935 Constitution also addressed the issue of language in the Philippines. Due to the diverse number of languages in the country, a provision was included for the development and adoption of a common national language based on the existing native dialects. As a result, in 1937, Tagalog was selected as the basis for the national language, and Filipino became an official language upon independence.
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The 1973 Constitution
In terms of citizenship, the 1973 Constitution stated that citizens of the Philippines included those who were citizens at the time of its adoption, those with Filipino parents, those born before January 17, 1973, of Filipino mothers who elected Philippine citizenship upon reaching the age of majority, and those who were naturalized in accordance with the law. Natural-born citizens were defined as those who possessed citizenship from birth without having to perform any additional acts to acquire or perfect their citizenship.
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The 1986 Freedom Constitution
The final draft of the permanent constitution was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. This constitution remains unamended to this day. It mandates a democratic and republican form of government and includes a bill of rights that guarantees freedoms and protections against governmental overreach.
The 1987 Constitution consists of a preamble and eighteen articles. It establishes a legislative department known as the Congress, an executive department headed by a president, and a judicial department that includes the Supreme Court and lower courts. The constitution also lays out the basic social and political creed of the Philippines and sets forth the objectives of the government. It enumerates specific protections against the abuse of state power, including rights similar to those in the U.S. Constitution, such as due process, equal protection of the law, freedom of speech and expression, and freedom of assembly.
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The 1899 Malolos Constitution
The Malolos Constitution was composed of 101 articles, which were grouped into 14 separate titles. It also included transitory provisions contained in eight additional articles that addressed temporary or transitional situations. Title IV of the constitution contains 27 articles that define the natural rights and political freedoms of Filipino citizens, including civil liberties such as freedom of speech and religion, as well as protections from abuse and unfair legal treatment. These rights were influenced by the real-life abuses committed by authorities, as documented in the Philippine Declaration of Independence on 12 June 1898.
The Malolos Constitution served as a foundation for many independence movements across Latin America and the Philippine Revolution. It challenged the legitimacy and authority of colonial rule under the Spanish Empire and introduced the idea of popular sovereignty, which is now recognised in most constitutions worldwide. Popular sovereignty asserts that political power ultimately belongs to the people, and government officials are granted powers that the people permit.
Despite being the first constitution of the Philippines, the 1899 Malolos Constitution was never fully implemented nationwide and did not lead to international recognition. This was largely due to the outbreak of the Philippine-American War and the ongoing US occupation of the Philippines following the 1898 Treaty of Paris, which transferred control of the Philippines to the United States. The First Philippine Republic formed under the Malolos Constitution was never officially recognised by foreign governments.
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The 1943 Constitution
The creation of the 1943 Constitution was influenced by the Japanese occupation and the desire for Filipino independence. Following the Japanese invasion in 1941 and the subsequent Filipino resistance, a Japanese "republic" was established in 1942, marking a period of military rule. The 1943 Constitution reflected the aspirations of Filipinos to establish a government that promoted their ideals of independence, peace, liberty, and moral justice.
It's worth noting that the 1943 Constitution was not the first attempt at a Filipino constitution. The Malolos Constitution of 1899, approved by the Malolos Congress, aimed to establish the First Philippine Republic. However, it was never fully implemented due to the outbreak of the Philippine-American War, and it did not lead to international recognition of Filipino independence.
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Frequently asked questions
The Philippines has been governed by three constitutions in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The current constitution, finalised in 1986 and ratified in 1987, is unamended.
The 1935 Commonwealth Constitution established the current presidential system of government in the Philippines.
The 1973 Constitution was drafted under Ferdinand Marcos, who was the first president to be re-elected in the Philippines. It allowed him to rule by decree and changed the system of government to a semi-presidential one.
