Eleanor Finch
The Philippines has had six constitutions since the Proclamation of Independence on June 12, 1898. The first, the Malolos Constitution, was drafted and adopted by the First Philippine Republic in 1899. The most recent, the 1987 Constitution, was drafted by an appointed Constitutional Commission of 48 members and ratified by plebiscite on February 2, 1987. It established a representative democracy with power divided among three independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.
| Characteristics | Values |
|---|---|
| Date of Constitution | 1987 |
| Authors | Appointed Constitutional Commission of 48 members |
| Previous Constitutions | The Philippines has had a total of six constitutions since the Proclamation of Independence in 1898 |
| The Malolos Constitution, 1899 | |
| The 1935 Constitution | |
| The 1943 Constitution | |
| The 1973 Constitution | |
| The 1986 Freedom Constitution |
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What You'll Learn
The 1987 Constitution
Article II of the 1987 Constitution lays out the basic social and political creed of the Philippines and sets forth the objectives of the government. It includes provisions for the implementation of the constitution and the promotion of the common good. Article III 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 under the law, and freedom of speech and expression.
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Isabelo Artacho and Félix Ferrer
The provisional constitution was based on the Cuban Constitution of Jimaguayú, also known as the Jimaguayu Constitution, which was copied nearly word-for-word. It was intended to be in force for two years, with the aim of separating the Philippines from the Spanish monarchy and establishing an independent state. The constitution provided for the creation of a Supreme Council, which was formed on the same day it was adopted.
The Biak-na-Bato Republic was disestablished by a peace treaty signed by Aguinaldo and the Spanish Governor-General, Fernando Primo de Rivera, which included provisions for the exile of Aguinaldo and his associates to Hong Kong. Despite the short-lived nature of the Biak-na-Bato Republic, the work of Isabelo Artacho and Félix Ferrer laid the foundation for the future independence and governance of the Philippines.
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The 1935 Constitution
The constitution was amended in 1940 to limit the president and vice president to four-year terms with one re-election. It also extended the right of suffrage to women two years after its adoption. The 1935 Constitution was suspended in 1972 when Ferdinand Marcos declared martial law. It was replaced with a parliamentary system under the 1973 Constitution, which allowed Marcos to rule by decree.
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Emilio Aguinaldo
Aguinaldo was born into the local elite of Cavite on the Island of Luzon in the Philippines. His father was the mayor of Kawit, Cavite viejo, and Aguinaldo himself would later hold this position in 1895. That same year, Aguinaldo joined the secret, nationalist brotherhood Katipunan, which had been founded by Andrés Bonifacio. When the Philippines erupted in revolt against the Spanish in 1896, Aguinaldo led the Philippine forces to several victories in Cavite Province.
In 1897, Aguinaldo travelled to San Francisco de Malabon, where he took an oath assuming the office of Generalissimo of the Philippine Islands. Later that year, he established a headquarters in what is now called "Aguinaldo Cave" in Biak-na-Bato National Park. In October 1897, Aguinaldo convened an assembly of generals at Biak-na-Bato that decided to establish a constitutional republic. A constitution was drawn up by Isabelo Artacho and Felix Ferrer, which provided for the creation of a Supreme Council composed of a president, a vice president, a Secretary of War, and a Secretary of the Treasury. Aguinaldo was named president.
Aguinaldo returned to Manila on May 19, 1898, and declared Philippine independence on June 12. However, when it became clear that the United States had no interest in supporting Philippine independence, Aguinaldo's forces remained separate from U.S. troops. On January 1, 1899, Aguinaldo was proclaimed president of the Philippine Republic, and he subsequently declared war on U.S. forces in the islands on February 4. After his capture on March 23, 1901, Aguinaldo agreed to swear allegiance to the United States and then left public life.
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The 1943 Constitution
The draft constitution was approved by the Preparatory Committee on Philippine Independence on September 4, 1943, and ratified by an assembly of appointed, provincial representatives of the KALIBAPI, a fascist political party established by the Japanese to replace all previous political parties. The KALIBAPI assembly's ratification of the charter led to the formal proclamation of the Second Republic (1943-1945).
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Frequently asked questions
The first Philippine Constitution, also known as the Malolos Constitution, was authored by the Malolos Congress and approved on January 20, 1899. It was the first republican constitution in Asia and was in effect from 1899 to 1901.
The 1935 Constitution was drafted by a Constitutional Convention and finished on February 8, 1935. It was certified by the President of the United States on March 25, 1935, and ratified by plebiscite on May 14, 1935.
The 1987 Constitution was drafted by a 48-member Constitutional Commission and ratified by the people in a plebiscite on February 2, 1987.
