The Evolution of the Philippine Constitution

Sep 9, 2024

Evolution of the Philippine Constitution

Introduction

  • Speaker: Maria Luiz Ruperis
  • Topic: Evolution of the Philippine Constitution
  • Definition of a Constitution:
    • Set of rules guiding governance.
    • Establishes government branches, powers, and people's rights.
    • Supreme law of the land, cannot be violated by the government.

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:
    • Citizens enjoy rights like freedom of expression.
  4. Limits Government Powers:
    • Prevents abuse of power by government officials.

Timeline of Philippine Constitutions

  • Total Constitutions: 6
  • Effectively Governed: 3 (1935, 1973, 1987)

1. Malolos Constitution (1899)

  • Significance: First Constitution for the First Philippine Republic.
  • Salient Features:
    • Popular representative government.
    • Unicameral assembly with full executive control.
    • Separation of church and state.
    • Bill of rights.
    • Free basic education.
  • Issue: Not fully implemented due to the Philippine-US War.

2. 1935 Constitution

  • Context: American period, established legal basis for Commonwealth Government.
  • Salient Features:
    • Bicameral legislature (Senate and House of Representatives).
    • President elected for a four-year term without re-election.
    • Suffrage rights for male citizens (later extended to women).
  • Issue: Implementation interrupted by Japanese occupation.

3. 1943 Constitution

  • Context: Japanese occupation during WWII.
  • Salient Features:
    • Strong executive powers.
    • Unicameral National Assembly.
  • Issue: Legitimacy limited to Japanese-controlled areas, ignored by US.

4. 1973 Constitution

  • Context: Martial law declared by President Ferdinand Marcos.
  • Salient Features:
    • Established parliamentary government.
    • Unicameral national assembly.
    • Legalized presidential decrees and orders.
  • Significant Events:
    • Marcos's re-election led to controversies and the EDSA People Power uprising.

5. 1986 Constitution (Freedom Constitution)

  • Context: Following the ousting of Marcos.
  • Salient Features:
    • Verbatim copy of the 1973 Constitution without Batasang Pambansa.
    • Transitional document, lasted for one year.

6. 1987 Philippine Constitution

  • Themes:
    1. Upholding national sovereignty.
    2. Promoting democratic governance and preventing dictatorship.
    3. Respect for human rights and civil liberties.
    4. Promotion of social justice.
  • Government Structure:
    • Branches: Executive, Legislative, and Judicial.
    • Separation of Powers: Each branch operates independently.
    • Checks and Balances: Each branch can restrain the actions of the others.

Conclusion

  • The Constitution is the highest law in the Philippines, ensuring rights and governing structure.
  • Thank you for listening!