Jonah Patel
The Philippines has had several constitutions, each with their own signers, and each a product of the country's tumultuous political history. The first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, marking the beginning of the First Philippine Republic. This was followed by the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution, which is the current constitution of the Philippines.
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What You'll Learn
The 1987 Constitution
The legislative power is vested in the Congress of the Philippines, which consists of a Senate and a House of Representatives. Congress enacts laws subject to the veto power of the President. To be eligible to be a member of the House of Representatives, one must be a natural-born citizen of the Philippines, at least 25 years old, and able to read and write.
The executive power is vested in the President of the Philippines, who is both the head of state and the Commander-in-Chief of the armed forces. The President ensures the faithful execution of the laws and has the power to veto legislation passed by Congress.
Since its ratification, there have been several attempts to amend or change the 1987 Constitution. The first attempt was in 1995, but it was never completed due to opposition from non-government organizations. In 1997, a group called PIRMA sought to change the constitution through a People's Initiative by gathering signatures from voters. More recently, there have been efforts to introduce amendments focusing on economic liberalization and the implementation of federalism.
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The 1943 Constitution
Upon the liberation of the Philippines in 1945, the 1935 Constitution was reinstated. The 1943 Constitution was not taught in schools, and the laws of the 1943-44 National Assembly were never recognised as valid.
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The 1935 Constitution
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect. It remained unaltered until 1947 when the Philippine Congress called for its amendment through Commonwealth Act No. 733.
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The 1934 Constitutional Convention
The election of delegates to the 1934 Constitutional Convention was held on July 10, 1934, and there were 202 delegates in total. The Convention drafted the 1935 Constitution, which served as the basic law of the Philippines under the American-sponsored Commonwealth and the post-War, sovereign Third Republic. The 1935 Constitution was submitted to the President of the United States for certification on March 25, 1935, and it was ratified by the Filipino people through a national plebiscite on May 14, 1935. It came into full force on November 15, 1935, with the inauguration of the Commonwealth of the Philippines.
The 1935 Constitution included provisions to remain the fundamental law of the Republic of the Philippines even after independence, which was granted on July 4, 1946. Among the delegates to the 1934 Convention, three would go on to become Presidents of the Philippines: Laurel, Roxas, and Quirino. To commemorate the completion of the 1934 Constitutional Convention's task, President Manuel L. Quezon declared February 8 of each year as Constitution Day, a holiday that was observed until martial law was declared in 1972.
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The 1916 Jones Act
The Jones Act, also known as the Jones Law of 1916, was enacted into law by the United States Congress on August 29, 1916. This act specified that the Philippines would only be granted independence once a stable democratic government, modelled on the American system, was established. This was a shift from the previous constitution, which had been modelled on the French system. The US approved a ten-year transition plan in 1934 and drafted a new constitution in 1935, but World War II and the Japanese invasion interrupted that process.
The Jones Act was part of a series of laws and constitutions that have shaped the Philippines' constitutional history. The first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, following a revolution against Spain and a declaration of independence in 1898. This was followed by the Philippine Organic Act of 1902, enacted by the US Congress. The Malolos Constitution was superseded by the 1935 Constitution, which was approved by the 1934 Constitutional Convention and ratified by plebiscite on May 14, 1935.
During the Spanish-American War of 1898, Filipino revolutionaries sided with the Americans, hoping that they would be granted independence once Spain was defeated. However, Spain ceded or sold the islands to the United States in the Treaty of Paris, and the US proceeded to suppress the Philippine independence movement. This led to the passage of the Jones Act, which outlined the conditions for Philippine independence.
The Philippines' constitutional history was further interrupted by World War II and the Japanese occupation. A Japanese "republic" was established, marking a period of military rule by the Japanese Imperial Army. A new constitution was ratified in 1943 by Filipino collaborators, known as the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). This was followed by the 1973 Constitution, which was deemed ratified by Citizens' Assemblies and proclaimed in force by President Marcos in 1973.
The most recent constitution mentioned in the sources is the 1987 Constitution of the Republic of the Philippines, which was ratified by plebiscite and proclaimed in force on February 11, 1987. This constitution was preceded by the 1986 Freedom Constitution, promulgated by presidential proclamation in March 1986.
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Frequently asked questions
President Emilio Aguinaldo.
The 1935 Constitution was approved by the 1934 Constitutional Convention, certified by the President of the United States, and ratified by plebiscite.
The 1943 Constitution was approved by the Preparatory Committee on Philippine Independence and ratified by the KALIBAPI Convention.
The 1987 Constitution was approved by the 1986 Constitutional Commission and presented to President Corazon C. Aquino. It was ratified by plebiscite.
