Instructional Module: Republic of The Philippines Nueva Vizcaya State University Bayombong, Nueva Vizcaya

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Republic of the Philippines

NUEVA VIZCAYA STATE UNIVERSITY


Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.: IM-GEHIST-1STSEM-2020-2021

College of Arts and Sciences


Bayombong Campus

DEGREE PROGRAM General Education COURSE NO. GE HIST


SPECIALIZATION Philippine History COURSE TITLE Readings in Philippine History
YEAR LEVEL All level TIME FRAME 6 hrs WK NO. 11-12 IM NO. 4

I. UNIT TILE/CHAPTER TITLE:


Chapter 4: Social, Political, Economic, and Cultural Issues in
Philippine History

II. LESSON TITLE:

A. Definition of Constitution
B. The Structure of the Philippine Government
C. The Philippine Constitution
 1899 (Malolos) Constitution
 1925 Constitution
 1973 Constitution
 1987 Constitution

III. LESSON OVERVIEW:

This chapter is dedicated to enduring issues in Philippine society specifically the evolution of the
Philippine constitution. The Constitution, whether written or unwritten is recognized as the supreme law
of the land as it serves as the basis for the legitimacy of any governmental acts necessary for its
existence. It is a codified law that determines the powers and duties of a government and it embodies
certain rights of the people. Basically, the purpose is to examine the development and content of the
constitutions we adapted since the Proclamation of Independence on June 12, 1898 until the present.

IV. DESIRED LEARNING OUTCOMES:

At the end of this chapter, you should be able to:

1. Examine the context, content, and perspective of the constitutions that the Philippines adapted;
2. Determine the contribution of different constitutions in understanding Philippine history;
3. Appraise the prevailing conditions when such constitution was promulgated; and
4. To propose recommendations to present-day problems in the context of the Philippine
government in light of your understanding of the past through the lens of the different
constitutions

V. LESSON CONTENT:

THE NATURE OF A CONSTITUTION

The term constitution was derived from the word “constitutuo” which means fixed, established, or settled.
It is defined as “the body of rules and principles on which the government and its exercise of sovereignty
over its people is founded.” The constitution is the highest law of the land which purposes are:

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INSTRUCTIONAL MODULE
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1. To prescribe the permanent framework of the system of government;


2. To assign to the different departments of government their respective powers and duties; and
3. To establish the basic principles on which the government is founded.

THE STRUCTURE OF THE PHILIPPINE GOVERNMENT

Three Branches of the Government

1.Executive Branch

Its primary task is the implementation of laws. In the Philippines, the Executive power is vested in the
hands of the President together with its Cabinet members.

2.Legislative Branch

Its function is to craft or formulate laws. The exercise of Legislative power, in the Philippines, is vested in
our Congress which is composed of the Senate and the House of Representatives. The House of
Representatives is in turn composed of the District Representatives and the Party-list Representatives.

Example of District Representative: Congresswoman of the District of Nueva Vizcaya, Hon. Banti
Cuaresma; Example of Party-list: Gabriela

3.Judiciary Branch

This branch is vested with the main function of interpreting our laws. The Supreme Court is the highest
court and is tasked to exercise the Judicial power of our state.

THE EVOLUTION OF THE PHILIPPINE CONSTITUTION


Andres Bonifacio spearheaded the organization of KKK (Kataastaasan, Kagalanggalangang Katipunan
ng Mga Anak ng Bayan) which signaled the birth of the Philippine Revolution. The Katipunan served as
the first revolutionary government. Unfortuntely, the power struggle between Andres Bonifacio and Emilio
Aguinaldo divided the loyalty of the Katipuneros. It led to the emergence if two Katipunan factions – the
“Magdalo” group whose members support the leadership of Aguinaldo and the “Magdiwang” group whose
members remain loyal to the leadership of Bonifacio – and eventually, to the disintegration of the
organization.

Consequently, a new revolutionary government was formed in the Tejeros Convention in March 1897
with the following set of elected officers:

Emilio Aguinaldo ……………………………….….. President


Mariano Trias …………………………………….… Vice President
Artemio Ricarte ………………………………...….. Captain General
Emilio Riego de Dios ……………………………… Director of War
Andres Bonifacio ……………………………...…… Director of the Interior

There would have been no issue on the reorganization of Katipunan were it not due to insult hurled by a
Magdalo member (Daniel Tirona) to Andres Bonifacio. Apparently questioning the qualification of
Bonifacio as the Director of the Interior, Tirona intimated that a lawyer’s diploma is needed for the position
and recommended another person to take Bonifacio’s place. This angered Bonifacio who went on to
declare the dissolution of the proceedings in the Tejeros Convention. Subsequently, he formed a new

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Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
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revolutionary government under the Naik Military Agreement. For so doing, he was charged with treason
and sedition, together with his brother Procopio. Aguinaldo (who went on to lead the revolutionary
government formed in the Tejeros Convention) ordered the arrest and execution of the Bonifacio
brothers. The death of Bonifacio centered the leadership of the revolution to Aguinaldo.

On November 1, 1897, a provisional constitution (which established the Biak-na-Bato Republic) was
made under the leadership of Aguinaldo.

CONSTITUION OF BIAK-NA-BATO (1897)

 a provisionary constitution made on 1 November 1897 under the leadership of Emilio Aguinaldo
 written by Isabelo Artacho and Felix Ferrer
 borrowed from Cuba
 dissolved on 15 December 1897 by the virtue of the “Pact of Biak-na-Bato”

“Pact of Biak-na-Bato” was an agreement that was entered by the Revolutionary Government and
the Governor General through the intervention of Pedro Paterno. The agreement calls for the cessation
of war between the Filipinos and the Spaniards. It was likewise stipulated that Aguinaldo and his followers
must go on a voluntary exile in Hongkong (and in return, they received ₱400,000.00 from the Governor-
General). Hence, the Spanish-Filipino War grounded to a halt in the meantime.

How was the Philippine Government Structured Under This Constitution?

LEGISLATIVE EXECUTIVE JUDICIARY

The Supreme Council


Asemblea de Consejo Supremo de
(President, Vice President Gracia Y Justicia
Representantes
Cabinet Secretaries: Foreign
Relations, War, Interior, and
Treasury.

The Biak-na-Bato Constitution provided for the establishment of a Supreme council that would serve as
the highest governing body of the Republic. It also outlined certain basic human rights, such as freedom
of religion, freedom of the press, and the right to education. Emilio Aguinaldo and Mariano Trias were
elected Supreme Council president and vice president, respectively. However, this constitution was never
fully implemented, since a truce, the Pact of Biak-na-Bato was signed between the Spanish and the
Philippine Revolutionary Army.

Primary Source: Preamble of the Biak-na-Bato Constitution


“The separation of the Philippines from the Spanish monarchy and their formation into an independent
state with its own government called the Philippine Republic has been the end sought by the
Revolution in the existing war, begun on the 24th of August, 1896; and , therefore, in its name and by
the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the
representatives of the Revolution, in a meeting at Biac-na-bato, November 1, 1897, unanimously
adopted the following articles for the constitution of the State.”

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Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.: IM-GEHIST-1STSEM-2020-2021

The outbreak of the Spanish-American on April 21, 1898 renewed the strength of the Filipinos to fight the
Spaniards for independence. Aguinaldo returned to the Philippines and established the Dictatorial
Government on May 1898. Later, on September 15, 1898, a fifty-member Revolutionary Congress was
convened at the Barasoain Church in Malolos, Bulacan. Pedro Paterno was elected as the President of
the Congress. The Congress proposed the drafting of a constitution that will establish the first Philippine
Republic.

THE MALOLOS CONSTITUTION (1899)

 a Revolutionary Congress convened at Barasoain Church, Malolos, Bulacan and proposed the
drafting of a constitution to establish the First Philippine Republic
 official title: The Political Constitution of 1899
 it is patterned after the Spanish Constitution of 1812
 Felipe Calderon was the main author
 it was drafted September 15, 1898 and promulgated on 21 January 1899
 it only lasted until 23 March 1901

How was the Philippine Government Structured Under This Constitution?

LEGISLATIVE EXECUTIVE JUDICIARY

Assembly of The President Supreme Court


Representatives

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 executive, the legislative and the judicial.

The constitution specifically provided for safeguards against abuses, and enumerated the national and
individual rights not only for the Filipinos and of the aliens such as universal and direct elections,
separation of church and state, compulsory and free education, and equal legal status for the languages
of all the Philippine nationalities.

The legislative powers were exercised by the Assembly of Representatives composed of delegates
elected according to law. To make the function of Congress continuous, the document provided for a
Permanent Commission which would sit as a law-making body when Congress was not in session. The
assembly elected the President of the Republic. The Cabinet, composed of the Secretaries of the
different Departments of the government, was responsible not to the President, but to the Assembly.
The administration of justice was vested in the Supreme Court and in inferior courts to be established
according to law. The Chief Justice of the Supreme Court was to be elected by the Assembly with the
concurrence of the President and the Cabinet.

The constitution as a whole is a monument to the capacity of the Filipinos to chart their own course along
democratic lines. In a period of storm and stress, it symbolized the ideals of a people who had emerged
from the Dark Ages into the Light of Reason. But because of the war against the Philippine Republic
launched by the USA in February 1899 and the subsequent seizure of the Philippines by the USA, the
constitution never became widely effective. However it left a profound mark on the consciousness of the

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Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.: IM-GEHIST-1STSEM-2020-2021

people, and when the US introduced a law in 1902 on the governance of the Philippines, several
provisions from the Malolos Constitution relating to civil rights had to be adopted.
Primary Source: Preamble of the Malolos Constitution

“We, the Representatives of the Filipino people, lawfully convened, in order to establish justice,
provide for common defense, promote the general welfare, and insure the benefits of liberty, imploring
the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted,
decreed, and sanctioned the following Political Constitution.”

By virtue of the Treaty of Paris (where Spain ceded the Philippines to the United States in consideration
of the amount of US$ 20 million), the American annexation of the Philippines was legalized. Filipinos who
were then eager to live free from foreign colonizers met this with opposition. The desire of the Filipinos
for freedom and the determination of the Americans to annex the Philippines resulted to the Filipino-
American hostilities.

The Filipino-American War did not stop the United States from extending its sovereignty over these
islands. Then US President McKinley, in his capacity as the commander-in-chief of the US Armed Forces,
instructed his military commander in the Philippines to assume the control of the Philippine Government.
Consequently, a military government was established, under which the American Military Governor was
authorized to exercise all the basic powers of government throughout the entire duration of the Filipino-
American War.

The capture of Aguinaldo resulted to the termination of the American Military Government, paving the
way to the inauguration of the Civil Government in July 1901. Under the American Civil Government, the
executive power was vested to the Civil Governor who likewise served as the President of the Philippine
Commission, the lawmaking body of the Philippines from 1901 – 1907. The Philippine Commission (which
was predominantly American), in turn, acted as the Cabinet members of the Governor.

In 1907, the lawmaking body of the Philippines became bicameral with the creation of the Philippine
Assembly. This chamber of the Philippine Legislature was intended for the Filipino lawmakers
(particularly the Filipino elite group known as the “illustrados”) to create an impression that the Filipinos
are given an opportunity to actively participate in the administration of the government. The Philippine
Assembly was later baptized as the “lower house” of the Philippine Legislature, while the Philippine
Commission was designated as the “upper house”.

In 1916, the Jones Law was passed by the US Congress resulting to the reorganization of the
government. Pursuant to its provisions, the Governor-General was authorized to exercise executive
power, while the exercise of legislative power was vested in the Philippine Legislature. The latter was
composed of a 24-member Senate and a House of Representatives. All the members of the Philippine
Legislature were elected. However, the Governor-General was authorized to appoint two senators from
the non-Christian sector. Except for the Governor-General, the Philippine Government was gradually
“Filipinized”.

The trend of “Filipinization” in the Philippine Government was primarily credited to the
administration of the Democratic Governor-General Francis Burton Harrison. Even the judiciary was not
spared from this trend. The growing number of Filipino lawyers eventually led to the displacement of
American judges in the judiciary. Thanks to Justice George Malcolm of the Philippine Supreme Court
who took the initiative to put up the College of Law of the University of the Philippines.

On March 24, 1934, the US Congress passed the Tydings-McDuffie Law, otherwise known as the
Philippine Independence Act. Under its precepts, the Philippine Legislature was authorized to call a
constitutional convention that will draft a constitution for the Philippines. Thus, the Philippine Legislature
created a constitutional convention preside by Claro M. Recto. The draft prepared by the convention was

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Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.: IM-GEHIST-1STSEM-2020-2021

approved by the US Government and was ratified by the Filipino electorate on May 14, 1935. This
became the 1935 Constitution.
Also, the Tydings-McDuffie Law provided for a 10-year transition period during which the Commonwealth
Government become operative. The Commonwealth Government moved the 1935 Constitution in its
experimental operation, where the Filipinos gained control over their internal affairs (except foreign affairs
which remained under the control of the Americans).

THE COMMONWEALTH CONSTITUTION (1935)

 On March 24, 1934, the US Congress passed the Tydings-McDuffie Law, otherwise known as the
Philippine Independence Act. Under its precepts, the Philippine Legislature was authorized to call
a constitutional convention that will draft a constitution for the Philippines. Thus, the Philippine
Legislature created a constitutional convention presided by Claro M. Recto
 established the Commonwealth Government of the Philippines
 influenced by the American Constitution
 inaugurated on 15 November 1935 under the presidency of Manuel L. Quezon

How was the Philippine Government Structured Under This Constitution?

 From 1935 – 1940

LEGISLATIVE EXECUTIVE JUDICIARY

National Assembly President and Vice Supreme Court


President

 From 1940 – 1946 (after its amendment)

LEGISLATIVE EXECUTIVE JUDICIARY


Congress President and Vice Supreme Court
President
Senate and House of
Representatives

The 1935 Constitution of the Philippines which created the Commonwealth of the Philippines was
based on the principle of separation of powers among the three branches of government. Executive
power is vested to the President which shall serve for a single-six year term. Legislative power is vested
in a unicameral National Assembly, and judicial power is exercised by the Supreme Court.

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.

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Republic of the Philippines
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Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.: IM-GEHIST-1STSEM-2020-2021

Accordingly, the 1935 Constitution was written with an eye to meeting the approval of the United States
Government so as to ensure that the U.S. would live up to its promise to grant the Philippines
independence. It was also on this day in 1910, that the then Commissioner (to the U.S. House of
Representatives) Manuel L. Quezon delivered an eloquent speech in the United States Congress,
pleading for Philippine independence.

Primary Source: Preamble of the 1935 Constitution

“The Filipino people, imploring the aid of Divine Providence, in order to establish a government that
shall em-body their ideals, conserve and develop the patrimony of the nation, promote the general
welfare, and secure to themselves and their posterity the blessings of independence under a régime
of justice, liberty, and democracy, do ordain and promulgate this Constitution.”

The defeat of the Japanese lead to the restoration of the Commonwealth Government which operated
for a while until July 4, 1946 when the Philippine independence was proclaimed pursuant to the provisions
of the Tydings-McDuffie Law. With the grant of the independence, the 1935 Constitution became fully
operational, thus, marking the start of the Third Republic of the Philippines.

Manuel Roxas was the President when the Third Philippine Republic began. He was succeeded by
Elpidio Quirino upon his death. Thereafter, Ramon Magsaysay, Carlos Garcia and Diosdado Macapagal
successively took the helm. Likewise, Marcos was elected under the provisions of the 1935 Constitution
in 1965. He was fully cognizant that upon his re-election in 1969, the two-term-limitation of the
Constitution will impede him from seeking another term. Hence, to perpetuate himself in office, he
promulgated Proclamation No. 1081 placing the Philippines under Martial Law. Also, he commissioned
the Constitutional Convention (CON-CON) of 1971 to draft a new constitution that will replace the 1935
Constitution – a constitution that perfectly suits the political ambition of the risen dictator. The by-product
of that CON-CON was ratified on January 17, 1973 and is now popularly known as the 1973 (or Marcos)
Constitution.

THE 1973 CONSTITUTION

 established the Fourth Republic of the Philippines or “Ang Bagong Lipunan”


 approved on 17 January 1973 under the rule of President Ferdinand Emmanuel Edralin Marcos
Sr.
 it established a Parliamentary form of government

How was the Philippine Government Structured Under This Constitution?

LEGISLATIVE EXECUTIVE JUDICIARY

Batasang Pambansa The President Supreme Court

Prime Minister
and
Cabinet Secretaries

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Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
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The 1973 constitution established a parliamentary government which, unlike the presidential system
posed no impediment as to presidential term (thus, enabling Marcos to cling on to power for as long as
20 years). Under its provisions, the Batasang Pambansa (the legislature) was empowered to elect, from
among its members the President and the Prime Minister. The President served as the symbolic head of
the State while the Prime Minister acted as the head of the Government. The latter exercised executive
power together with the Cabinet, majority of whom must be members of the Batasang Pambansa. It is
important to stress that under the Charter, the President may (upon the recommendation of the Prime
Minister) dissolve the Batasang Pambansa. If that happens, the Prime Minister will be authorized to
exercise legislative powers. Thus, Marcos, promulgated laws in such capacity on the form of Presidential
Decrees.

Primary Source: Preamble of the 1973 Constitution

“We, the sovereign Filipino people, imploring the aid of Divine Providence, in order to establish a
Government that shall embody our ideals, promote the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves and our posterity the blessings of democracy under
a regime of justice, peace, liberty, and equality, do ordain and promulgate this Constitution.”

In the 1935 Constitution, in effect at the time of Marcos’s first and second terms of office, limited the
Presidency to a total of 2 four-year terms.He then promulgated a change of Constitution, which included
the replacement of Congress with the single-chamber Batasang Pambansa (National Assembly). One
crucial provision was that the Prime Minister would retain his powers unless the assembly made it known
that they had lost their confidence in him or the President nominated a successor. Moreover, transitory
provisions in the 1973 Constitution assigned Marcos a term extension as President.
Even before the declaration of Martial Law, a Constitutional Convention had already been put in place
since 1971 to review and propose amendments to the existing constitution. On November 29, 1972, the
Convention approved their proposed Constitution, and the following day it was submitted by the President
for ratification by the Filipino people.
The President ordered the organization of Citizen Assemblies, wherein citizens would be asked whether
they approved of the New Society, whether they liked the reforms instituted under Martial Law, whether
Congress should be opened again, and when the Constitution should be ratified.
In Proclamation No. 1102, Marcos announced that 95% of citizens at the Citizen Assemblies approved
of the new Constitution therefore allowing the 1973 Constitution to take full effect.
After transitory provisions lived out their course, Marcos was named the Prime Minister. The 1973
Constitution allowed him to hold this position indefinitely, and he did so until 1981, at which point he
appointed his finance minister Cesar Virata to the post.

On January 17, 1981 President Marcos lifted Martial Law through Proclamation No. 2045. However, two
important events precipitated a revolution that will oust Marcos from power – the assassination of Benigno
Aquino and the hideous result of the 1986 snap election between him and Cory Aquino.

When opposition leader Benigno Aquino Jr. was assassinated upon returning from exile in 1983,
widespread outrage forced Marcos to hold “snap” elections a year early. The election was marked by
fraud on the part of Marcos and his supporters but Marcos had himself declared the winner
constitutionally, amidst international condemnation and nationwide domestic protests. A small band of
military rebels tried to mount a coup, which failed because of its discovery, but this triggered what became
internationally celebrated as the “People Power” revolution, when droves of people spilled out onto the
streets to protect the rebels, eventually numbering well over a million. Under pressure from the United
States, Marcos and his family fled into exile. His election opponent, Benigno Aquino Jr.’s widow Corazon,
was installed as president on February 25, 1986.

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INSTRUCTIONAL MODULE
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THE FREEDOM CONSTITUTION (1986)

Upon assumption of Presidency, Aquino ordered the dissolution of the 1973 Constitution and
promulgated Proclamation No. 9 which created a Constitutional Commission that will draft a new
constitution. In the meantime, Aquino promulgated a provisional constitution – The Freedom (1986)
Constitution – that will become operative pending the adoption of the new constitution.

THE 1987 PHILIPPINE CONSTITUTION

 established our present republic – The Fifth Republic of the Philippines


 officially adopted on 2 February 1987

How was the Philippine Government Structured Under this Constitution?

LEGISLATIVE EXECUTIVE JUDICIARY

Congress (Senate and


President Supreme Court
the House of
and
Representatives)
Cabinet

The 1987 Constitution 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. Integrated into the Constitution was a full Bill of
Rights, which guaranteed fundamental civil and and political rights, and it provided for free, fair, and
periodic elections. In comparison with the weak document that had given Marcos a legal fiction behind
which to hide, this Constitution seemed ideal to many Filipinos emerging from 20 years of political
repression and oppression.

Primary Source: Preamble of the 1987 Philippine Constitution

“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and
humane society and establish a Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and secure to ourselves and our posterity
the blessings of independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.”

The 1987 Constitution, drafted by a Constitutional Commission formed by former president Corazon
Aquino after the 1986 EDSA revolution. This is the Constitution in effect today. Aquino had a choice to
rule under the 1973 Constitution after she was installed as president, but chose to abrogate the very
same document that helped facilitate the declaration of martial law.In effect, the 1987 Constitution —
evident in its provisions limiting the declaration of martial law, among others — is a direct response
against Marcosian dictatorship and tyranny.

Aquino began her term by repealing many of the Marcos-era regulations that had repressed the people
for so long. In March, she issued a unilateral proclamation establishing a provisional constitution. This
constitution gave the President broad powers and great authority, but Aquino promised to use them only
to restore democracy under a new constitution. This new constitution was drafted in 133 days by an
appointed Constitutional Commission of 48 members and ratified by the people in a plebiscite held on

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February 2, 1987. It was largely modelled on the American Constitution which had so greatly influenced
the 1935 Constitution, but it also incorporated Roman, Spanish, and Anglo law.

Executive branch
The Executive branch is headed by the President and his appointed Cabinet. The President is the head
of the state and the chief executive, but he is subject to significant checks from the other branches,
especially in times of emergency, which, given the history of the country, was obviously intended to be a
safeguard against a repeat of Marcos’ martial law despotism. For example, in cases of national
emergency, the President can still declare martial law, but not for a period longer than 60 days. Congress
can revoke this decision by a majority vote, or it can also extend it for a period to be determined by the
Congress. Additionally, the Supreme Court can review the declaration to decide if there were sufficient
facts to justify martial law. The President can grant pardons and amnesty. He is also empowered to make
or accept foreign loans. He cannot, however, enter into treaties without the consent of the Senate. The
President and Vice-President are elected at large by a direct vote, but the President may only serve one
6-year term. The Cabinet, consisting of the President’s advisers and heads of departments, is appointed
by the President and it assists him in his governance functions.

Legislative branch
The legislative power is vested in a Congress which is divided into two Houses, the Senate and the House
of Representatives. The 24 members of the Senate are elected at large by a popular vote and can serve
no more than two consecutive 6-year terms. The House is composed of 250 elected members. Most of
these Representatives are elected by district for 3-year terms, but 20% of the total membership is chosen
in proportion to party representation. Besides the exclusive power to legislate, one of the most important
powers of Congress is the ability to declare war, which it can through a two-thirds vote in both houses.
Even the power to legislate, however, is subject to an executive check. The President retains the power
to veto a bill passed by both houses, and Congress may override this veto only with a two-thirds vote in
both houses.

Judicial branch
The Court system in the Philippines exercises the judicial power of government and it is made up of a
Supreme Court and lower courts created by law. The Supreme Court is a 15-member court appointed by
the President without need for confirmation by Congress. Appointment, however, is limited to a list of
nominees presented to the President by a constitutionally-specified Judicial and Bar Council. This Council
consists of 7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a representative
from Congress, a representative of the Integrated Bar, a professor of law, a retired member of the
Supreme Court, and a representative of the private sector. The first four serve for four years, the law
professor for three, the retired Justice for two, and the private sector representative for one year. The
Supreme Court Justices may hear, on appeal, any cases dealing with the constitutionality of any law,
treaty, or decree of the government, cases where questions of jurisdiction or judicial error are concerned,
or cases where the penalty is sufficiently grave. It may also exercise original jurisdiction over cases
involving government or international officials. The Supreme Court also is charged with overseeing the
functioning and administration of the lower courts and their personnel.

The Constitution also establishes three independent Constitutional Commissions. The Civil Service
Commission acts as a central agency in charge of government personnel. The Commission on Elections
enforces and administers all election laws and regulations to ensure that they are free and fair for all
involved. Finally, the Commission on Audit examines all funds, transactions, and property accounts of
the government and its agencies. Each of these Commissions is given governing and financial autonomy
from the other branches of government to ensure unbiased decision-making. All decisions made by these
Commissions are reviewable by the Supreme Court.

To further ensure the ethical and lawful functioning of the government, the Constitution also creates an
Office of the Ombudsman to investigate complaints regarding public corruption, unlawful behaviour of

NVSU-FR-ICD-05-00 (081220) Page 10


“In accordance with Section 185. Fair Use of a Copyrighted Work of Republic Act 8293, the copyrighted works included in
this material may be reproduced for educational purposes only and not for commercial distribution.
Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.: IM-GEHIST-1STSEM-2020-2021

public officials, and other public misconduct. The Ombudsman can then charge such misbehaving public
officials before a special court called the Sandiganbayan. The Ombudsman is also independent
administratively and financially from the other branches of government, although the President is vested
with the power to appoint the Ombudsman and his Deputies (from a list also prepared by the Judicial and
Bar Council) for single 7-year terms. Only the House has the power to initiate impeachment of the
President, the members of the Supreme Court, and a few other constitutionally protected public officials
like the Ombudsman. The Senate is then supposed to try the impeachment case. Each of these
aforementioned independent agencies was created for the purpose of promoting moral and ethical
conduct in government.

A Call for Constitutional Change

Initiatives to change a constitution are part and parcel of being a constitutional democracy. Resisting
such an initiative, provided it is supported by a rational public consensus-building process, is an integral
component of constitutional democracy as well. As a constitutional democracy, the Philippines finds itself
perfectly within this constitutional reform context.
For the 1987 constitution, there have been calls for Constitutional change (or charter change, more
known as ‘cha-cha’) as early as Fidel Ramos’ administration, which succeeded Aquino’s. Since then,
lawyers, politicians, economists, and academics have criticized it for the following: its weak provisions on
party systems, absence of a definite prohibition on political dynasties, restrictive foreign ownership, and
lack of efficiency among branches of government, among many others.
The call right now is to shift the form of government to a federal government, one where power in the
national government is shared with smaller, local governments, with local governments granted more
autonomy.

What do changes to the Constitution look like?

Proposals may come in the form of amendments or revision.

Amendment is “an alteration of one or few specific and separable provisions,” thus entailing a
Constitutional change that does not affect the whole document. An example would be a provision added
to allow same-sex marriage in the Philippines or to clearly prohibit discrimination against the LGBTQIA+
and other minorities.

Revision, on the other hand, may involve rewriting the Constitution anew, or major changes that cannot
be implemented without affecting the provisions of the Constitution as a whole. The most relevant
example is the shift to another type of government, such as federal.

NVSU-FR-ICD-05-00 (081220) Page 11


“In accordance with Section 185. Fair Use of a Copyrighted Work of Republic Act 8293, the copyrighted works included in
this material may be reproduced for educational purposes only and not for commercial distribution.
Republic of the Philippines
NUEVA VIZCAYA STATE UNIVERSITY
Bayombong, Nueva Vizcaya
INSTRUCTIONAL MODULE
IM No.: IM-GEHIST-1STSEM-2020-2021

VI. LEARNING ACTIVITIES (Learning activities are included in the answer sheet next to this page)

VII. ASSIGNMENT (Assignments are included in the answer sheet next to this page)

VIII. EVALUATION (Note: Not to be included in the student’s copy of the IM)

IX. REFERENCES

Candelaria, J. P., & Alphora, V. C. (2018). Readings in Philippine History. Manila, Philippines: Rex Book Store,
Inc

Del Rosario F. G., & Dacles, D. M. (2018). Readings in Philippine History: A Workbook. Bayombong, Nueva
Vizcaya: SMU Publishing House.

Macaraeg, Stephen. (n.d.) Ambrosio Rianzares Bautista: The Unsung Hero of the Act of Proclamation of
Independence by the Filipino People. Retrieved September 24, 2020, from https://academia.edu.
National Historical Institute Centennial Publication (n.d.). The Philippine Revolution: The Act of Declaration of
Philippine Independence. Retrieved September 24, 2020, from https://filipino.biz.ph/history/declaration.html.
Guber, A. A. Filippinskaia respublika 1898 goda i amerikanskii imperializm, 2nd ed. Moscow, 1961. (The
text of the constitution is on pp. 355-66.)

Palafox, Q.J. (2012). The Constitution of the Philippine Commonwealth. Retrieved from
http://msc.edu.ph/centennial/malolos.html

NVSU-FR-ICD-05-00 (081220) Page 12


“In accordance with Section 185. Fair Use of a Copyrighted Work of Republic Act 8293, the copyrighted works included in
this material may be reproduced for educational purposes only and not for commercial distribution.

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