SALIENT FEATURES and PROVISIONS

Features and Provisions
Incorporated in the
Philippine Constitution
SALIENT FEATURES OF 1935, 1973 AND 1987
PHILIPPINE CONSTITUTIONS
The Philippines has a long history of democratic

constitutional development.
The Malolos Constitution of
1898-99 reflected the aspirations of educated
Filipinos to create a polity as enlightened as any in
the world.
• That first constitution was modelled on those of France, Belgium, and
some of the South American republics.
• Powers were divided, but the legislature was supreme.
• A bill of rights guaranteed individual liberties.
• The church was separated from the state.

1897 CONSTITUTION OF BIAK-NA-
BATO
On November 1, 1897. the Representatives of the people of
the Philippine Islands, assembled for the purpose of
modifying the Constitution of this Republic of the
Philippines, drawn up and proclaimed in the town of
Naic. province of Cavite, on the March 22 of this year, in
accordance with the provisions of Decree No. 29 of current year
after a long discussion.
Ratifying : Tejeros Government and Central Executive

Committee
Ratified by: President, Emilio Aguinaldo
 A charter based on the Cuban Constitution was also conceived by Felix
Ferrer and Isabelo Artacho and signed on November 18, 1897.
 The Biak-na-Bato Constitution provided for the creation of a Supreme

Council.
 Emilio Aguinaldo and Mariano Trias were elected respectively President of

the Supreme Council and Vice-President.
 The Biak-na-Bato pact Pedro Paterno, a Spaniard born in the Philippines

volunteered to be a negotiator between Aguinaldo and Governor Primo de
Rivera to end the clashes.
 On 23 December 1897, Generals Celestino Tejero and
Ricardo Monet of the Spanish Army arrived in Biak-na-Bato
and became hostages of the rebels.
 Both sides have declared a ceasefire and an agreement

that has been reached between Aguinaldo and the Spanish
armed forces for the Spanish government to self-govern in
the Philippines in three years, when Aguinaldo goes into
exile and surrenders his weapons.
AIM AND PURPOSE OF THIS CONSTITUTION:
 The aim of this constitution is for the government to be governed

by a Supreme Council, consisting of a president, a vice-president
and four secretaries empowered to govern.
1899 Malolos Constitution
The Political Constitution of 1899 , informally
known as the Malolos Constitution, was
the constitution of the First Philippine Republic.
It was written by Felipe Calderó n y Roca and Felipe

Buencamino as an alternative to a pair of proposals to
the Malolos Congress by Apolinario Mabini and Pedro Paterno. The
constitution placed limitations on unsupervised
freedom of action by the chief executive which would
have hampered rapid decision making
Ratifying : Malolos Congress
Ratified by: President Emilio Aguinaldo

The 1899 Malolos Constitution Salient Features were:
 To established a democratic, republication government with the

three branches.
 EXECUTIVE BRANCHES
- were to be exercised by the President of the republic with the
help of his cabinet.
 LEGISLATIVE BRANCHES
- were exercise by the Assembly of Representatives composed
of delegates elected according to the law.
 JUDICIAL BRANCHES
- were given to the Supreme Court and other courts
to be created by the law.
 The Chief Justice of the Supreme Court

- was to be elected by the legislature with the
concurrence of the President.
 The Malolos Constitution is the first important Filipino document ever
produced by the people's representatives.
 It is anchored in democratic traditions that ultimately had their roots in

American soil.
 It created a Filipino state whose government was "popular, representative

and responsible" with three distinct branches.
 The constitution specifically provided for safeguards against abuses and

enumerated the national and individual rights not only for the Filipinos.
1935 Philippine Commonwealth Constitution
• The President is to be elected to a four-year term together with the

Vice-President without
• Rights of suffrage by male citizens of the Philippines who are twenty-one

years of age or over and are able to read and write;
• Extension of the right of suffrage to women within two years after the
adoption of the constitution.
• Becomes the legal basis of the commonwealth government.

1943 Philippine CONSTITUTION
 Composed of a preamble and twelve articles, created by a Republican which state with a
powerful executive branch and subordinate legislative and judicial branches.
 The President is the head government, and commander-in-chief of the armed forces.
 The powers of the President are:

 To veto any bill of the assembly,
 To promulgate regulations when the assembly is not in session and in times of
war or national emergency.
 To declare martial law.
 To suspend the privilege of the writ of habeas corpus;
 And to appoint the members of the Council of State and Officials of the local
government.
 Legislative power is exercised by the unicameral National
Assembly whose members whose members, like the
President, are not directly elected by the people.
Enumerates the duties and right of the citizens.
It was recognized as legitimate and binding only in

Japanese-controlled areas of the Philippines but was
ignored by the United States government.
1973 Philippine Constitution
• Prime Minister would retain his powers unless the assembly made it
known that they had lost their confidence with him or the President
nominated a successor.
• Legislative power is also given to president in enacting law to

prevent insurgency of NPA.
• There is an emphasis of duties and obligations for citizens especially

in joining military.
• The exercise absolute power over the laws of the land.

● Gives the president the power.
● Separate the powers between the executive, legislative and judicial

branches of the government.
● Established three independent Constitutional Commissions,
● The Civil Service Constitution, a central agency in charge of government

personnel; *The Commission on Elections, mandated to enforce and
administer all election laws and regulations.
● It established a representative democracy with power divided among three
separate and independent branches of government : the Executive, a
bicameral Legislature, and the Judiciary.
● There were three independent constitutional commissions as well: the

Commission on Audit, the Civil Service Commission, and the
Commission on Elections.
● It has declared a National Policy to carry out the reforms demanded by the
people.

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Features and Provisions

The Philippines has a long history of democratic

• Powers were divided, but the legislature was supreme.

• A bill of rights guaranteed individual liberties.

• The church was separated from the state.

Ratifying : Tejeros Government and Central Executive

 The Biak-na-Bato Constitution provided for the creation of a Supreme

 Emilio Aguinaldo and Mariano Trias were elected respectively President of

 The Biak-na-Bato pact Pedro Paterno, a Spaniard born in the Philippines

 Both sides have declared a ceasefire and an agreement

 The aim of this constitution is for the government to be governed

It was written by Felipe Calderó n y Roca and Felipe

Ratifying : Malolos Congress

Ratified by: President Emilio Aguinaldo

 To established a democratic, republication government with the

 The Chief Justice of the Supreme Court

 It is anchored in democratic traditions that ultimately had their roots in

 It created a Filipino state whose government was "popular, representative

 The constitution specifically provided for safeguards against abuses and

• The President is to be elected to a four-year term together with the

• Rights of suffrage by male citizens of the Philippines who are twenty-one

• Becomes the legal basis of the commonwealth government.

 The powers of the President are:

Enumerates the duties and right of the citizens.

It was recognized as legitimate and binding only in

• Legislative power is also given to president in enacting law to

• There is an emphasis of duties and obligations for citizens especially

• The exercise absolute power over the laws of the land.

● Gives the president the power.

● Separate the powers between the executive, legislative and judicial

● Established three independent Constitutional Commissions,

● The Civil Service Constitution, a central agency in charge of government

● There were three independent constitutional commissions as well: the

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