The Philippines' Finest Constitution: A Historical Review

what was the best constitution in the philippines

The Philippines has had a long and tumultuous journey towards independence and self-governance, which has resulted in several constitutions being drafted, ratified, and implemented throughout its history. The country's constitutional evolution reflects its struggle for independence and the influence of foreign powers, particularly the United States and Japan, which have left their mark on the nation's political system. With multiple constitutions having been in force, the question arises as to which one was the 'best' in terms of its impact on the nation and its people.

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The 1935 Constitution

Legislative power under the 1935 Constitution was vested in a Congress of the Philippines, consisting of a Senate and a House of Representatives. The Senate was to be composed of 24 Senators, elected at large for six-year terms. The House of Representatives was to have no more than 120 Members, chosen every three years, and apportioned among the provinces according to their population. Suffrage was initially granted to male citizens over the age of 21 who met certain residency and literacy requirements. The National Assembly was to extend the right of suffrage to women if, within two years of the adoption of the Constitution, at least 300,000 women voted affirmatively on the question in a plebiscite.

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The 1943 Constitution

This constitution was short-lived, as the Japanese forces were defeated by the Allies in 1944, and the Philippines gained independence on July 4, 1946, operating under the 1935 Constitution.

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The 1973 Constitution

The 1981 amendments formally modified the parliamentary system into a French-style semi-presidential system. It provided for the following:

  • Executive power was restored to the President.
  • Direct election of the President was restored.
  • An Executive Committee was created, composed of the Prime Minister and no more than 14 members, to assist the President.
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The 1986 Freedom Constitution

This constitution granted the president broad powers to reorganize the government and remove officials. It also mandated the appointment of a commission to draft a new constitution. The 1986 Freedom Constitution superseded the 1973 Constitution, abolishing some of its provisions while adopting others. For example, it maintained the presidential right to rule by decree, which was included in the 1973 Constitution.

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The 1987 Constitution

The Constitution sets out the structure of the government, with the executive power vested in the President of the Philippines. The President is the commander-in-chief of all armed forces, including the Armed Forces, the National Police, and the Coast Guard. The President can declare a state of martial law but cannot suspend the Constitution or replace civilian courts with military courts when dealing with civilians. The President and Vice-President are elected separately and must meet certain qualifications, including residing in the Philippines for at least ten years before election day.

The Constitution outlines the rights of citizens, including the prohibition of double jeopardy and ex post facto laws. It defines citizens as those who were citizens at the time of its adoption, those with Filipino parents, those born before January 17, 1973, of Filipino mothers who elect Philippine citizenship upon reaching the legal age, and those who are naturalized. Natural-born citizens are those who are citizens from birth without having to perform any additional acts to acquire citizenship.

Frequently asked questions

The first constitution of the Philippines was the 1899 Malolos Constitution, approved by the Malolos Congress on 20 January 1899. It aimed to establish the first functional parliamentary republic in Asia.

It is challenging to definitively state which constitution was the 'best' as this is a matter of perspective and depends on various factors. However, the 1935 Constitution, which featured a political system virtually identical to that of the United States, is notable for ushering in Philippine independence in 1946. This constitution established a presidential system of government, with a directly elected president and vice president, a bicameral Congress, and an independent judiciary.

The Philippines has been governed by four constitutions throughout its history: the 1935 Commonwealth Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution of the Republic of the Philippines.

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