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Salay Community College
Poblacion, Salay, Misamis Oriental
Philippines

General Education Department

GE 3: Readings in Philippine History
1st Semester of A.Y. 2023-2024

The Evolution of Philippine Constitution

Introduction
COURSE MODULE

In this course module, we will explore the evolution of the Philippine Constitution, from its earliest
beginnings to the present day. We will delve into the historical and social contexts that led to the creation
of each version of the Constitution and analyze the impact of these changes on Philippine society.

Rationale

Retrieve the importance of a constitution in a nation.

Intended Learning Outcomes

1. Outlining the development of the Philippine Constitution throughout the country’s history.

2. Highlight the significant features and provisions incorporated in the Philippine Constitution.

Level of Learning

Understanding: Significance of the Philippine Constitution.

Discussion
A constitution is defined as the fundamental law of a nation or state. It is the constitution that establishes the
character and basic principles of the government. The system that runs the government is often codified in this
written document, which forms the fundamental rules and principles by which an organization is managed. It
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is the same principles that make clear the rights of the individual and creates limitations to government power.
A constitution is also described as “the highest expression of the law.

The Constitution of the Philippines, the supreme law of the Republic of the Philippines, has been in effect
since 1987. There were only three other constitutions that have effectively governed the country: the 1935
Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. However, there were
earlier constitutions attempted by Filipinos in the struggle to break free from the colonial yoke.

EVOLUTION OF THE PHILIPPINE CONSTITUTION

1897 : Constitution of Biak-na-Bato

The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine Republic during the
Philippine Revolution, and was promulgated by the Philippine Revolutionary development on 1 November
1897. The constitution, borrowed from Cuba, was written by Isabelo Artacho and Felix Ferrer in Spanish, and
later on, translated into Tagalog.

The organs of the government under the Constitution were:

1) The Supreme Council which was vested with the power of the republic, headed by the president and
COURSE MODULE

four department secretaries: the interior, foreign affairs, treasury, and war;
2) The Consejo Supremo de Gracia Y Justicia, which was given the authority to make decisions and
affirm or disprove the sentences rendered by other courts and to dictate rules for the administration of
justice; and
3) The Asamblea de Representative, which was to be convened after the revolution to create a new
Constitution and to elect a new Council of Government and Representatives of the People.

The Constitution of Biak-na-Bato was never fully implemented, since a truce, the Pact of Biak-na-Bato, was
signed between the Spanish and the Philippine Revolutionary Army.

1899 : Malolos Constitution

The iconic photograph of 1899
Malolos Congress: digitally
colored, based on written
accounts and the restoration of
the Barasoian Church for the
1998 Centennial. President
Aguinaldo sits at the center, as a
gentleman reads a document to
his left.

The Philippines has had a total of

six constitutions since the
Proclamation of Independence on June 12, 1898. In 1899, the Malolos Constitution, the first Philippine
Constitution—the first republican constitution in Asia—was drafted and adopted by the First Philippine
Republic, which lasted from 1899 to 1901. 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

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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.

THE CONSTITUTION OF THE PHILIPPINE COMMONWEALTH

https://nhcp.gov.ph/the-constitution-of-the-philippine-commonwealth/#:~:text=The%201935%20Constitution
%20provided%20the,government%20system%20after%20American%20government.by: Quennie Ann J.
Palafox

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
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determines the powers and duties of a government and it embodies certain rights of the people. Right after the
signing of the Treaty of Paris in Washington D.C in 1898 that ceded the Philippines to the US paying the
amount of $20, 000, 000 to Spain in the process, and the eruption of Filipino-American War in 1899, our
country was placed under a military government until 1901 with the passing of the Spooner Amendment,
putting an end to the military rule in the Philippines and replacing it with a civil government with William H.
Taft as the first civil governor. The ratification of the Philippine Bill of 1902, which called for the creation of
a lower legislative branch composed of elected Filipino legislators, and the Jones Law in August 1916 gave
the Filipinos the opportunity to govern themselves better. The First Philippine Assembly, which convened on
October 16, 1907, was composed of educated Filipinos from illustrious clans such as Sergio Osmeña and
Manuel L. Quezon, who revived the issue of immediate independence for the Filipinos and this was expressed
by sending political missions to the US Congress.

Controversy divided the Philippine legislature with the debate on the acceptance or rejection of the Hare-
Hawes-Cutting Bill brought home by Osmeña-Roxas mission from the US Congress in 1931, which provided
for a 10-year transition period before the granting of Philippine independence. The passage of the
independence bill resulted in the splitting of the Democrata Party and Nacionalista Party into two factions; the
Pros and Antis. Majority in the legislature led by Quezon and Recto rejected the said bill, thereby composing
the Antis, while the Pros became the Minority under Osmena, Roxas and others. On October 17, 1933,
Quezon and others triumphed in this battle as the Philippine legislature rejected the bill. Quezon eventually
brought in from the United States the Tydings-McDuffie Act (Public Law 73-127) authored by Sen. Millard
Tydings and Rep. John McDuffie, a slightly amended version of the Hare-Hawes-Cutting bill signed by
President Franklin Roosevelt on March 24, 1934. The bill set July 4 after the tenth year of the commonwealth
as date of Philippine independence. This was accepted by the Philippine Legislature on May 1, 1934.

(Claro M. Recto esquiremag.ph) The organization of constitutional Convention that

would draw up the fundamental law of the land based on the American model
was one of the salient provisions of the Tydings-McDuffie Act. Delegates to the
convention were subsequently elected in 1934. In the first meeting held on July
30 at the session of the House of Representatives, Claro M. Recto was
unanimously elected as its President. Salient features of the 1935 Constitution
include the following: a bicameral legislature composed of a senate and House of
Representatives. The President is to be elected to a four-year term together with
the Vice-President without re-election; rights of suffrage by male citizens of the

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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.

The draft of the constitution was approved by the convention on February 8,

1935 and ratified by Pres. Roosevelt in Washington D.C on March 25,
1935. Elections were held in September 1935, Manuel L. Quezon was
elected as the president of the Commonwealth. The 1935 Constitution
provided the legal basis of the Commonwealth Government which was
considered a transition government before the granting of the
Philippine independence with American-inspired constitution; the
Philippine government would eventually pattern its government
system after American government. It has been said that the 1935
Constitution was the best-written Philippine charter ever. The
Commonwealth was briefly interrupted by the events of the World
War II, with the Japanese occupying the Philippines. Afterward, upon
liberation, the Philippine was declared an independent republic on 4
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July 1946.

Links & Other Additional Sources

Video links : https://www.youtube.com/watch?v=0BNjNI9PtUg

https://www.youtube.com/watch?v=m7h2CyUGHbE
https://www.youtube.com/watch?v=TSbGFx7reeU
https://www.youtube.com/watch?v=4bz6bUf2lGw
https://www.youtube.com/watch?v=Q4wG_e809WQ