Rino, Christian Dane R.

BSBA-MGMT4

Constitutional History
Because of their lengthy history as an Asian trading port, the Philippines were first colonized
by the Spanish and then by the Americans. The majority of the populace was converted to Catholicism
by the Spanish, and the faith is still the most popular in the nation. Nationalist sentiment started to
develop among groups of Indios (the Spanish term for the Filipino people) during the latter part of the
more than 300-year Spanish rule. This sentiment was largely fueled by the writings of national hero
Jose Rizal, who was later put to death by the Spanish government, and other ilustrados, or Filipino
intellectuals. On June 12, 1898, at Kawit, Cavite, a revolt against Spain was started, and the insurgents
proclaimed the independence of the Philippines. The event that was dubbed the Malolos Congress
was dubbed the First Philippine Republic after it was established on September 15, 1898, and the first
Philippine Constitution, also known as the Malolos Constitution, was passed on January 20, 1899. The
revolutionaries supported the Americans in the 1898 Spanish-American War, believing that if Spain
was defeated, the US would grant the Philippines independence. But this was not the case. Following
Spain's sale of the islands to the US in the Treaty of Paris, the US launched an aggressive campaign to
put an end to the Philippine independence movement.

The US enacted the Jones Act in 1916, which stated that independence would only be
awarded upon the establishment of a democratic government that was stable and modeled after the
US, not the French model as the previous constitution had done. The United States produced a new
constitution in 1935 after approving a ten-year transition plan in 1934. But that strategy was derailed
by the Japanese invasion on December 8, 1941, and World War II. Following the valiant Filipino battle
against insurmountable odds, which culminated in the fall of Bataan and Corridor in 1942, a Japanese
“republic” was established, in reality, a period of military rule by the Japanese Imperial Army. A new
constitution was ratified in 1943 by Filipino collaborators who were called the Kapisanan sa
Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerrilla movement continued to resist the
Japanese occupation. The Japanese forces were finally defeated by the Allies in 1944 and this sorry
chapter came to a close.

Philippine independence was eventually achieved on July 4, 1946. The 1935 Constitution,
which featured a political system virtually identical to the American one, became operative. The
system called for a President to be elected at large for a 4-year term (subject to one re-election), a
bicameral Congress, and an independent Judiciary.
Independence to Martial Law
From the moment of independence, Filipino politics have been plagued by the twin demons
of corruption and scandal. Notwithstanding, Presidents Ramon Magsaysay (1953-57), Carlos Garcia
(1957-61), and Diosdado Macapagal (1961-65) managed to stabilize the country, implement domestic
reforms, diversify the economy, and build Philippine ties not only to the United States, but also to its
Asian neighbour.
Ferdinand Marcos was elected president in 1965 and was re-elected in 1969, the first
president to be so re-elected. Desirous of remaining in power beyond his legal tenure, he declared
martial law in 1972, just before the end of his second and last term, citing a growing communist
insurgency as its justification. He then manipulated an ongoing Constitutional Convention and caused
the drafting of a new constitution – the 1973 Constitution – which allowed him to rule by decree until
1978 when the presidential system of the 1935 Constitution was replaced with a parliamentary one.
Under this new system, Marcos held on to power and continued to govern by decree, suppressing
democratic institutions and restricting civil freedoms. In 1981, martial law was officially lifted, but
Marcos continued to rule by the expedient of being “re-elected” in a farce of an election to a new 6-
year term. He continued to suppress dissent and thousands of vocal objectors to his rule either
mysteriously disappeared or were incarcerated. Despite economic decline, corruption allowed Marcos
and his wife Imelda to live extravagantly, causing resentment domestically and criticism
internationally.
During the American Occupation, the Philippines was governed by the laws of the United
States of America. Organic Acts were passed by the United States Congress for the administration of
the Government of the Philippine Islands. The first was the Philippine Organic Act of 1902, which
provided for a Philippine Assembly composed of Filipino citizens. The second was the Philippine
Autonomy Act of 1916, which included the first pledge of Philippine independence. These laws served
as constitutions of the Philippines from 1902 to 1935.
In 1934, the United States Congress passed the Philippine Independence Act, which set the
parameters for the creation of a constitution for the Philippines. The Act mandated the Philippine
Legislature to call for an election of delegates to a Constitutional Convention to draft a Constitution
for the Philippines. The 1934 Constitutional Convention finished its work on February 8, 1935. The
Constitution was submitted to the President of the United States for certification on March 25, 1935.
It was in accordance with the Philippine Independence Act of 1934. The 1935 Constitution was ratified
by the Filipino people through a national plebiscite, on May 14, 1935 and came into full force and
effect on November 15, 1935 with the inauguration of the Commonwealth of the Philippines. Among
its provisions was that it would remain the constitution of the Republic of the Philippines once
independence was granted on July 4, 1946.
In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines.
The legislature was changed from a unicameral assembly to a bicameral congress. The amendment
also changed the term limit of the President of the Philippines from six years with no reelection to
four years with a possibility of being reelected for a second term.
During World War II the Japanese-sponsored government nullified the 1935 Constitution and
appointed Preparatory Committee on Philippine Independence to replace it. The 1943 Constitution
was used by the Second Republic with Jose P. Laurel as President.
Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect.
The Constitution remained unaltered until 1947 when the Philippine Congress called for its
amendment through Commonwealth Act No. 733. On March 11, 1947 the Parity amendment gave
United States citizens equal rights with Filipino citizens to develop natural resources in the country
and operate public utilities. The Constitution, thereafter, remained the same until the declaration of
martial law on September 23, 1972.
Before President Marcos declared Martial Law, a Constitutional Convention was already in
the process of deliberating on amending or revising the 1935 Constitution. They finished their work
and submitted it to President Marcos on December 1, 1972. President Marcos submitted it for
ratification in early January of 1973. Foreseeing that a direct ratification of the constitution was bound
to fail, Marcos issued Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify the
newly drafted constitution by means of a Viva Voce vote in place of secret ballots. Marcos announced
that it had been ratified and in full force and effect on January 17, 1973. Although the 1973
Constitution had been “ratified” in this manner, opposition against it continued. Chief Justice Roberto
V. Concepcion in his dissenting opinion in the case of Javellana v. Executive Secretary, exposed the
fraud that happened during the citizen’s assembly ratification of the 1973 Constitution on January, 10
– 15, 1973. However, the final decision of this case was that the ratification of the 1973 Constitution
was valid and was in force.
. 3, suspending certain provisions of the 1973 Constitution and promulgating in its stead a
transitory constitution. A month later, President Aquino issued Proclamation No. 9, s. 1986, which
created a Constitutional Commission tasked with writing a new charter to replace the 1973
Constitution. The commission finished its work at 12:28 a.m. of October 16, 1986. National Plebiscite
was held on February 2, 1987, ratifying the new constitution. On February 11, 1987, by virtue of
Proclamation No. 58, President Aquino announced the official canvassing of results and the
ratification of the draft constitution. The 1987 Constitution finally came into full force and effect that
same day with the President, other civilian officials, and members of the Armed Forces swearing
allegiance to the new charter.