The Malolos Constitution.docx

THE MALOLOS CONSTITUTION The first Filipino government was established during the revolutionary period by Emilio Aguinaldo on May 24 1898. This was a dictatorial government but it was short-lived because on June 12, 1898, Emilio Aguinaldo proclaimed Philippine independence in Kawit Cavite and set up the Revolutionary government with him at the helm. On September 15, 1989, the members of the Congress of the Revolutionary Government met at Barasoain church in Malolos, Bulacan for the main purpose of adopting a constitution. A Calderon plan for the constitution was presented and was approved by General Aguinaldo on December 23, 1898, and then it was promulgated on January 21, 1899. The Malolos Constitution recognized that sovereign power was vested in the people. It acknowledged the separation of powers and contained a bill of rights. The executive power was vested in the President of the Republic who was to be elected by the Assembly of Representatives sitting as a constituent assembly. The legislative power was vested in the unicameral assembly of representatives whose members were to be elected for a term of four years. What distinguishes the Malolos Constitution from other constitutions is the supremacy of the legislative branch. Calderon, who had a mortal fear of the executive and the military around him because he thought that they might abuse their powers. He insisted on the wide legislative powers in order to counteract those of the executive. The Malolos Constitution based on the Calderon plan was not enforced. It, however indicated the willingness and capacity of the Filipino people to respect a fundamental law. THE 1935 CONSTITUTION Preamble The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody 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 regime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

The National Territory Section 1. The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington between the United States and Spain on the seventh day of November, nineteen hundred, and the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.

The United States acquired the Philippines from Spain because of the war and treaty-making powers of the Congress of the United States. The Spanish government could validly transfer title over Philippine territory because spain acquired the Philippine archipelago by virtue of discovery and occupation for a period over three centuries. The americans first organized a military government but with a consolidation of executive, legislative and judicial authority in the military governor provoked protests. As a result, steps were taken for the transition from military to civilian rule. The Tydings-Mcduffie Act of 1934 provided for the establishment of the commonwealth government and likewise provided for the calling of a constitutional convention for the drafting of the Philippine constitution. This promised independence to the Filipinos if they could prove their capacity for the democratic government during a ten-year transition period. The 1935 constitution was first amended in 1939 and then in 1940, which changed president’s and vice president’s term from six to four years but no person shall serve as president for more than 8 years. It changed the unicameral to a bicameral legislature, established an independent Commission on Elections and allowed the americans for a period of twenty five years, the same privileges as Filipinos in the utilization and exploitation of natural resources in the Philippines. During the American regime, the Philippines was considered an unincorporated territory of the united states.

THE 1973 CONSTITUTION Preamble 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.

Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines. After the US formally withdrew its sovereignty over the Philippines, President Manuel A. Roxas asserted the freedom of the Filipino people and proclaimed the Republic of the Philippines. The Republic of the Philippines was to pursue an erratic course that was ultimately to transform it into a near-anarchic system. Conditions continued to deteriorate until the pent-up resentment of the people erupted in a number of mass demonstrations. Some of them violent, and the so called “parliament of the streets” organized particularly by the student groups. The issue of the

validity of the 1973 constitution was later raised in what are known as the ratification cases which were dismissed by the SC.

THE 1987 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 National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Ruling by decree during the early part of her tenure and as a president installed via the People Power Revolution, President Corazon C. Aquino issued Proclamation No. 3 on March 25, 1986 which abrogated many of the provisions of the then 1973 Constitution adopted during the Marcos regime including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and provisions which gave the President legislative powers. Often called the "Freedom Constitution," this constitution was only intended as a temporary constitution to ensure the freedom of the people and the return to democratic rule. A constitutional assembly was soon called to draft a new constitution for the country. The Constitutional Commission was composed of fifty members appointed by Aquino from varied backgrounds including several former members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. The Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as its president. Several issues were of particular contention during the Commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of the U.S. bases in Clark and Subic, and the integration of economic policies into the constitution. Lino Brocka, a film director and political activist who was member of the Commission, walked out before the constitution's completion, and two other delegates dissented from the final draft. The Commission finished the final draft on October 12, 1986 and presented it to Aquino on October 15. The constitution was ratified by a nationwide plebiscite on February 8, 1987.