Evolution of the Philippine Constitution

Introduction

• Speaker: Maria Luiz Ruperis
• Topic: Evolution of the Philippine Constitution

Definition of a Constitution

• A constitution is a set of rules for a country/state/organization.
• Functions of a constitution:
  • Guides government operations.
  • Defines branches, powers, and responsibilities of government.
  • Contains citizens' rights.
  • Supreme law of the land; all laws must comply with it.
  • Violations of the constitution by the government are punishable by law.

Importance of a Constitution

1. Maintains Law and Order
   • Prevents chaos and anarchy.
2. Imposes Rules and Regulations
   • Guides government officials in governance.
3. Protects Rights and Freedoms
   • Example: Freedom of expression on social media.
4. Limits Government Powers
   • Prevents abuse and ensures accountability.

Timeline of Philippine Constitutions

• Total of six constitutions:
  1. 1899 Malolos Constitution
  2. 1935 Constitution
  3. 1943 Constitution
  4. 1973 Constitution
  5. 1986 Freedom Constitution
  6. 1987 Philippine Constitution
• Only three effectively governed:
  • 1935, 1973, and 1987 Constitutions.

Historical Context of Each Constitution

1899 Malolos Constitution

• First Philippine Republic; first Republican Constitution in Asia.
• Salient features:
  • Popular representative government.
  • Unicameral legislature (Assembly).
  • Separation of church and state.
  • Bill of rights.
  • Compulsory and free basic education.
• Not fully implemented due to the Philippine-American War.

1935 Constitution

• Established during American colonization.
• Salient features:
  • Bicameral legislature (Senate and House of Representatives).
  • President elected for a four-year term.
  • Right to vote extended to women.
• Fully implemented until interrupted by Japanese occupation.

1943 Constitution

• Established during Japanese occupation; short-lived.
• Salient features:
  • Strong executive powers.
  • Unicameral National Assembly (anti-US).
• Recognized only in Japanese-controlled areas.

1973 Constitution

• Developed under President Marcos.
• Salient features:
  • Parliamentary government with a prime minister.
  • Unicameral national assembly.
  • Legalized presidential decrees.
• Criticism: Created under martial law conditions.

1986 Freedom Constitution

• Established after the EDSA People Power revolution.
• Features:
  • Verbatim copy of the 1973 Constitution minus certain provisions.
  • Temporary governance; served for one year.

1987 Philippine Constitution

• Anti-Marcos constitution focused on:
  1. Upholding national sovereignty.
  2. Democratic governance and preventing dictatorship.
  3. Respect for human rights and civil liberties.
  4. Promotion of social justice.
• Provides separation of powers:
  • Executive, legislative, and judicial branches.
  • System of checks and balances to prevent any branch from becoming too powerful.

Conclusion

• The constitution is essential for governance and protecting citizens' rights.
• Understanding the evolution of the Philippine Constitution highlights its importance in shaping the country's political landscape.