CHAPTER 4
SOCIAL, POLITICAL, ECONOMIC AND CULTURAL ISSUES IN PHILIPPINE HISTORY
Chapter Overview
This chapter analyzes the different social, political, economic, and cultural issues that the
Philippines encountered in the course of obtaining its independence and developing self-governance.
These issues are products of the demands made by Filipinos throughout history which were given
attention by each administration with hopes of achieving progress and maintaining order. Such issues
include the Agrarian Reform Policy and its role in Philippine development, the Constitutions of the
Philippines and their implications to development, and the tax system and the Philippine development
experience.
Learning Outcomes:
1. Effectively communicate, using various techniques and genres, historical analysis of a particular event
or issue that could help others understand the chosen topics
2. Propose recommendations or solutions to present day problems based on their understanding of root-
causes and their anticipation of future scenarios
3. Display the ability to work in a team and contribute to a group endeavour.
Lesson Outline:
1. SALIENT FEATURES OF THE PHILIPPINE CONSTITUTIONS
a. Definitions and Purposes of Constitution
b. Evolution of the Philippine Constitution
c. Salient Features
2. SALIENT FEATURES OF AGRARIAN REFORM
a. History of land reform program in the Philippines
b. Salient features of each agrarian system
c. Comprehensive Agrarian Reform Program
3. SALIENT FEATURES OF TAXATION POLICIES
a. Nature and Importance of Taxation
b. Changes in tax laws of the Philippines
c. Issues in the Philippine Tax System
DEFINITION OF TERMS
Agrarian reform – covers the restructuring of tenure and the pre- and post-production support services
structures in the agricultural sector
Amendment – in government and law, an addition or alteration made to a constitution, stature, or
legislative bill or resolution.
Bicameral System – is a reference to a government with two legislative houses or chambers.
Constitution – refers to the fundamental law of a country.
Executive Branch – carries out and enforce law
Judiciary Branch – evaluates law. It holds the power to settle controversies involving rights that are legally
demandable and enforceable.
Land reform – refers to the remedies to improve the relation between the tiller and the owner of the land
or employee and employer in a farm.
Legislative Branch –is authorized to make laws, alter, and repeal them though the power vested in the
Philippine Congress.
Plebiscite – the direct vote of all the members of an electorate on an important public questions such as a
change in the constitution.
Preamble – an introduction or prologue of a constitution.
Ratification – of a constitution describes the formal ending of a process of setting a constitution into force
by a constituent power.
Suffrage – right to vote in political elections
Taxation – a means by which the government finance their expenditure by imposing charges on citizens
and corporate entities
The Cabinet – cabinet members serve as advisors to the President.
Unicameral System – is a government with one legislative house or chamber.
Lesson 1: SALIENT FEATURES OF THE PHILIPPINE CONSTITUTIONS
LEARNING OUTCOMES
At the end of this chapter, students are expected to:
a. Analyze the context, content, and perspective of different kinds of primary sources;
b. Propose recommendations/solutions to present-day problems based on their understanding of
root causes and their anticipation of future scenarios;
c. Manifest interest in local history and concern in promoting.
LESSON OUTLINE
1. What is a Constitution?
a. Definitions of Constitution
b. Purposes of a Constitution
2. Evolution of the Philippine Constitution
3. Salient Features
a. The 1899 Malolos Constitution (1899-1901)
b. The 1935 Constitution (1935-1943, 1945-1973)
c. The 1973 Constitution (1973-1986)
d. The 1987 Constitution (1987-Present)
A Constitution is the basic principles and laws of a nation, state, or social group that determine
the powers and duties of the government and guarantee certain rights to the people in it. It is a written
instrument embodying the rules of a political or social organization. (Merriam-Webster, n.d.)
The Philippines has had a total of six constitutions since the Proclamation of Independence on
June 12, [Link] the 1899 Malolos Constitution up to the1987 Philippine Constitution.
This module covers the evolution of the Philippine Constitution and Salient features of four
constitutions: 1899 Malolos Constitution, 1935 Constitution, 1973 Constitution and the 1987 Constitution.
WHAT IS A CONSTITUTION
A. Definition
A constitution is the basic principles and laws of a nation, state, or social group that determine the powers
and duties of the government and guarantee certain rights to the people in it. It is a written instrument
embodying the rules of a political or social organization. (Merriam-Webster, n.d.)
A constitution is the fundamental and entrenched rules governing the conduct of an organization or nation
state, and establishing its concept, character, and structure. It is usually a short document, general in
nature and embodying the aspirations and values of its writers and subjects. (Business Dictionary, n. d.)
A constitution is a set of fundamental principles or established precedents according to which a state or
other organization is governed. These rules together make up, i.e. constitute, what entity is. When these
principles are written down into a single document or set of legal documents, these documents may be
said to embody a written constitution. (Constitution, “ 2018)
If these set of fundamental principles or established precedents are written down in a single
comprehensive document, it is said to embody a codified constitution. The oldest written national
constitution is that of the United States (1787)
Some constitutions, such as the constitution of the United Kingdom are uncodified, but written in
numerous fundamental Acts of legislature, court cases or treaties.
The constitution of India is the longest written constitution of any sovereign country in the world,
containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146, 385 words in its
English-language version. On the other hand, the Constitution of Monaco is the shortest written
constitution, containing 10 chapters with 97 articles, and a total of 3,814 words.
B. Function of a Constitution
1. Establishment of the basic framework of government.
The constitution identifies and regulates the specific powers and functions of the executive,
legislative, and judicial branches of the government. There is a need to regulate the government’s
exercise of its sovereign powers to preclude it from becoming despotic, oppressive, and tyrannical.
2. Regulation of the rights and freedom enjoyed by the individual for the common good.
This is a very important function served by a constitution. If people’s exercise of their liberties is
not regulated, there shall be chaos, anarchy and public disorder.
3. Protection of the people from government abuses.
Our constitution, for instance, protects the people from possible abuses by the government
through the following means:
By ensuring that each branch of government exercise only the powers conferred to it by the
constitution;
By prohibiting the government from exercising powers infringing the declaration of principles and
state policies; and
By specifying the basic rights of the people, which the government has to respect and safeguard.
EVOLUTION OF THE PHILIPPINE CONSTITUTION
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 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 re-election to four years with a
possibility of being re-elected 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.
When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 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.
COMMEMORATION OF CONSTITUTION DAY
For every constitutional change the Philippines has experienced, a corresponding proclamation was
issued in order to celebrate the date that each charter was put into full force and effect—with the
exception the 1943 Constitution.
President Emilio Aguinaldo issued the first proclamation that celebrated the effectiveness of a constitution
in 1899 on January 23, 1899. In the Proclamation, President Aguinaldo ordered the release of Spanish
prisoners under the custody of the Philippine revolutionary forces, to mark the inauguration of the First
Philippine Republic. No subsequent proclamations were issued because of the outbreak of the
Philippine-American War and the fall of the First Philippine Republic in 1901.
When the United States Congress authorized the creation of a constitution for the Philippines in
accordance with the Tydings-Mcduffie Act of 1934, a Constitutional Convention was established to draft a
charter for the Philippines and it finished its work on February 8, 1935. On the inauguration of the
Commonwealth of the Philippines on November 15, 1935, the new charter came into full force and effect.
A year later, President Manuel L. Quezon issued Proclamation No. 36, s. 1936, declaring the 8 th of
February of every year as Constitution Day to commemorate the completion of the 1934 Constitutional
Convention’s task. This commemoration was observed throughout the Commonwealth of the Philippines
and the Third Republic, up until the declaration of martial law on September 23, 1972. (President
Ferdinand E. Marcos reiterated President Quezon’s original proclamation by issuing Proclamation No. 10,
s. 1966.)
In 1973, after the declaration of martial law, the 1935 Constitution was replaced by a new charter, the
1973 Constitution. In commemoration, President Marcos, repealed President Quezon’s Proclamation No.
36, s. 1936, by virtue of Proclamation No. 1219, s. 1973, which moved Constitution Day from February 8
to January 17 of every year. This proclamation commemorated the day when President Marcos certified
that the new Constitution had been ratified. Constitution day was commemorated until the end of
President Marcos term but was overshadowed by the Proclamation making September 21 st of every year
“Thanksgiving day”, the date indicated on Presidential Proclamation No. 1081, s. 1972: Martial law,
however, was actually declared two days later when President Marcos announced it through nationwide
television.
When democracy was restored in 1986, the 1973 Constitution was replaced by first the freedom
constitution, also known as Proclamation No. 3, s. 1986, then our current constitution, the 1987
Constitution. This constitution came into full force and effect on February 11, 1987, after President
Corazon C. Aquino issued Proclamation No. 58, s. 1987. The proclamation issued by President Aquino
included the results of the plebiscite held on February 2, 1987.
After the ratification of the 1987 Constitution, President Aquino issued Proclamation No. 211 s, 1988,
which moved the commemoration of Constitution Day from January 17 to February 2 of every year—a
proclamation still in effect to this day.
SALIENT FEATURES OF THE PHILLIPINE CONSTITUTION
THE 1899 MALOLOS CONSTITUTION (1899-1901)
The Committee to draft the Constitution was constituted and headed by Felipe G. Calderon and
other members who belong to the Filipino intelligentia who possessed intellectual and moral
integrity.
Three Constitutonal Draft:1. Mabini Constitutional Plan (Constitutional Program of the Philippine
Republic) ; 2. Paterno Constitutional Plan (based on a Spanish Constitution of 1868); 3. Calderon
Plan (based on the Constitutions of Belgium, Brazil, Costa Rica, Guatemala, Mexico and France).
After a thorough examination of the different Constitutional Plan, the Committee chose the
Calderon Plan as the bet subject to amendments and submitted it to the Malolos Congress for
approval.
On January 20, 1899 at Barasoain Church in Malolos, Bulacan, the Malolos Congress
proclaimed, enacted and ratified “Constitucionpolitica” (Political Constitution). This document was
written in Spanish.
The Malolos Constitution embodied the Filipino aspirations of a government that was truly
popular, representative and responsible with three distinctive branches – the executive, the
legislative and the judicial.
The Malolos Constitution had a unicameral legislature. It is unique in the sense that the
legislature is superior to either the executive or the judicial branch.
The Malolos Constitution was the first republican constitution in Asia:
a. It declared that sovereignty resides exclusively in the people.
b. It stated basic civil rights
c. It separated the church and state
d. It called for the creation of an Assembly of Representatives to act as the legislative body.
e. It called for a parliamentary republic as the form of government. The president was elected for a
term of four years by a majority of the Assembly.
THE 1935 CONSTITUTION (1935-1943, 1945-1973)
The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the
Philippines (1935-1946) and later used by the Third Republic (1946-1972). It was written with an eye to
meeting the approval of the United States Government as well, so as to ensure that the U.S. would live up
to its promise to grant the Philippines independence and not have a premise to hold onto its possession
on the grounds that it was too politically immature and hence unready for full, real independence.
Manuel A. Roxas was the first president of the 3rd Philippine Republic.
The original 1935 Constitution provided for unicameral National Assembly and the President was elected
to a six-year term without re-election. It was amended in 1940 to have a bicameral Congress composed
of a Senate and House of Representatives, as well the creation of an independent electoral commission.
The Constitution now granted the President a four-year term with a maximum of two consecutive terms in
office.
THE 1973 CONSTITUTION (1973-1986)
Marcos established the 4th Republic during the era of martial law in the country on June 30, 1981. It
operated on the basis of the Constitution of 1973, which transformed the presidential into a parliamentary
system of government.
A Constitutional Convention was held in 1971 to write the 1935 Constitution. The Convention was stained
and with manifest bribery and corruption. Possibly the most controversial issue was removing the
presidential term limit so that Ferdinand E. Marcos could seek election for a third term, which may felt was
the true reason for which the convention was called. In any case, the 1935 Constitution was suspended in
1972 with Marcos’ proclamation of martial law, the rampant corruption of the constitutional process
providing him with one of his major premises for doing so.
The 1973 Constitution, promulgated after Marcos’ declaration of martial law, was supposed to introduce a
parliamentary-style government. Legislative power was vested in a unicameral National Assembly whose
members were elected for six-year terms. The President was ideally elected as the symbolic and purely
ceremonial head of the state chosen amongst the Members of the National Assembly for a six-year term
and could be re-elected to an unlimited number of terms. Upon election, the President was not allowed to
be a member of a political party or hold any other office.
Executive power was meant to be exercised by the Prime Minister who was also elected from amongst
the sitting Assemblymen. The Prime Minister was to be the head of government and Commander-in-Chief
of the Armed Forces. This constitution was subsequently amended four times.
From 16-17 October 1976, a majority of barangay voters (also called “Citizen Assemblies”) approved that
martial law should be continued and ratified the amendments to the Constitution proposed by President
Marcos.
The 1976 amendments were:
a. an Interim BatasangPambansa (IBP) substituting for the Interim National Assembly;
b. the President would also become the Prime Minister and he would continue to exercise legislative
powers until such time as martial law was lifted.
The Sixth Amendment authorized the President to legislate on his own on an “emergency” basis:
Whenever in the judgment of the President there exists a grave emergency or a threat or imminence
thereof, or whenever the Interim BatasangPambansa or the regular National Assembly fails or is unable
to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in
order to meet the exigency, issue the necessary decrees, orders, or letters of instructions, which shall
form part of the law of the land.
The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment, the retirement
age of the members of the judiciary was extended to 70 years. In the 1981 amendments, the false
parliamentary system was formally modified into a French-style semi-presidential system:
a. executive power was restored to the President;
b. direct election of the President was restored;
c. an Executive Committee composed of the Prime Minister and not more than 14 members was created
to “assist the President in the exercise of his powers and functions and in the performance of his duties as
he may prescribe;” and the Prime Minister was a mere head of the Cabinet.
Further, the amendments instituted electoral reforms and provided that a natural born citizen of the
Philippines who has lost his citizenship may be a transferee of private land for use by him as his
residence.
The last amendments in 1984 abolished the Executive Committee and restored the position of Vice-
President (which did not exist in the original, unamended 1973 Constitution).
While the 1973 Constitution ideally provided for a true parliamentary system, in practice, Marcos had
made use of subterfuge and manipulation in order to keep executive powers for himself, rather than
devolving these to the Assembly and the cabinet headed by the Prime Minister. The end result was that
the final form of the 1973 Constitution – after all amendments and subtle manipulations – was merely the
abolition of the Senate and a series of cosmetic rewordings. The old American-derived terminology was
replace by names more associated with parliamentary government: for example, the House of
Representatives become known as the “BatasangPambansa” (National Assembly), Departments become
“Ministries”, and their cabinet secretaries become known as “cabinet ministers,” with the President’s
Assistant – Executive Secretary – now being styled the “Prime Minister”. Marcos’ purported parliamentary
system in practice functioned as an authoritarian presidential system, with all real power concentrated in
the hands of the President but with the premise that such was now constitutional.
THE 1987 CONSTITUTION (1987-PRESENT)
The Constitutional Commission was composed of fifty members appointed by Pres. Corazon Aquino form
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.
a. Structure and Contents
The Constitution contains a preamble and eighteen self-contained articles with a section numbering that
resets for every article.
Preamble
The preamble introduces the constitution and the source of sovereignty, the people. It follows the pattern
in past constitutions, including an appeal to God.
Article I – National Territory
The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippine 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.
Article II – Declaration of Principles and State Policies
Article II lays out the basic social and political creed of the Philippines, particularly the implementation of
the constitution and sets forth the objectives of the government.
Article III – Bill of Rights
Article III enumerates specific protections against the abuse of state power, most of which similar to the
provisions of the U.S. Constitution.
Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these rights
have largely been determined by the Supreme Court through case law.
Article IV – Citizenship
Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born citizens and
naturalized citizens. Natural-born citizens are those who are citizens form birth without having to perform
any act to acquire or perfect Philippine citizenship. The Philippines follows a jus sanguinis system where
citizenship is mainly acquired through a blood relationship with Filipino citizens.
Natural-born citizenship forms an important part of the political system as only natural-born Filipinos are
eligible to hold high offices, including all elective offices beginning with a representative in the House of
Representatives up to the President.
Article V – Suffrage
Article V mandates various age and residence qualifications to vote and a system of secret ballots and
absentee voting. It also mandates a procedure for overseas and disabled and illiterate Filipinos to vote.
Article VI – Legislative Department
Article VI provides for a bicameral legislature called the Congress composed of the Senate and the House
of Representatives. It vest upon Congress, among others, the power of investigation and inquiry inquiry in
aid of legislation, the power to declare the existence of a state of war, the power of the purse, the power
of taxation, and the power of eminent domain.
Article VII – Executive Department
Article VII provides for a presidential form of government where the executive power is vested on the
President. It provides for the qualification, terms of office, election, and power and functions of the
President. It also provides for a Vice President and for the presidential line of succession.
Article VIII – Judicial Department
Article VIII vest the judicial power upon the Supreme Court and other lower courts as may be established
by law (by Congress). While the power to appoint justices and judges still reside with the President, the
President may only appoint nominees preselected by the Judicial and Bar Council, a body composed of
the Chief Justice of the Supreme Court, the Secretary of Justice, the Chairs of the Senate and House
Committees on Justice, and representatives from the legal profession.
The supreme court shall be composed of a Chief Justice and Fourteen Associate Justices.
Article IX – Constitutional Commissions
Article IX establishes three constitutional commissions: the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.
Article X – Local Government
Article X pursues for local autonomy and mandates Congress to enact a law for the local government,
now currently the Local Government Code.
Article XI – Accountability of Public Officers
Article XI establishes the Office of the Ombudsman which is responsible for investigating and prosecuting
government officials. It also vests upon the Congress the power to impeach the President, the Vice
President, members of the Supreme Court, and the Ombudsman.
Article XII – National Economy and Patrimony
Article XIII – Social Justice and Human Rights
Article XIV- Education, Science and Technology, Arts, Culture and Sports
Article XV – The Family
Article XVI – General Provisions
Article XVII – Amendments or Revisions
Article XVII – Transitory Provisions
Find a copy of the original document at this site:
[Link]
the-1987-constitution-of-the-republic-of-the-philippines-article-iii/
