Summary
Highlights
The Philippines has had six constitutions, beginning with the 1899 Malolos Constitution, followed by those in 1935, 1943 (during Japanese occupation), 1973, 1986 (provisional freedom constitution), and finally the 1987 Constitution. The purpose of a constitution is to establish a permanent governmental framework, form a more perfect union, ensure justice and peace, and provide principles for government operation.
The 1899 Malolos Constitution was the first Philippine and republican constitution in Asia, drafted and adopted by the first Philippine Republic from 1899 to 1901. Its main goal was to launch the first Philippine Republic, establishing a democratic republican government with executive, legislative, and judicial branches. Emilio Aguinaldo was declared president on January 21, 1899, in Malolos, Bulacan. This constitution also mandated the separation of church and state and was written by Felipe Calderon and Felipe Buen Camino.
The 1935 Constitution established a political system similar to the American model, with a president elected for a four-year term. It provided the legal basis for the Commonwealth government, serving as a transition to Philippine independence. Drafted and approved in 1935 by a constitutional convention chaired by Claro M. Recto, it was ratified by a nationwide plebiscite on May 4, 1935. The first national election under this charter was held on March 23, 1935.
The 1943 Constitution saw Jose P. Laurel unanimously elected as president by the National Assembly. This constitution was recognized as legitimate only within Japanese-controlled areas of the Philippines and was ignored by the United States government and the Philippine Commonwealth government-in-exile. It declared that the Republic of the Philippines would exercise sovereignty over its national territory as defined by law.
The 1973 Constitution was presented to President Marcos on December 1, 1972, ratified by citizens' assemblies, and proclaimed in force on January 17, 1973. It marked a shift from a presidential to a parliamentary system of government, vesting legislative power in the National Assembly. In this system, the head of government leads an executive branch separate from the legislative branch, yet both are closely related and share powers.
In March 1986, a provisional government was proclaimed by Corazon Aquino, adopting an interim constitution informally known as the Freedom Constitution. This constitution granted her administration the power to remove and replace local government officials during the transition period. It aimed to declare a national policy to implement reforms, protect basic rights, and provide for an orderly transition to a government under a new constitution.
The 1987 Constitution promotes a just and dynamic social order to ensure the nation's prosperity and independence, freeing people from poverty through policies that provide adequate social services, full employment, rising living standards, and an improved quality of life. The Philippines is a democratic and republican state where sovereignty resides in the people. It renounces war as an instrument of national policy, adopts principles of international law, and adheres to policies of peace, equality, justice, freedom, and cooperation with all nations. Civilian authority is supreme over the military, and the armed forces protect the people and state, ensuring its sovereignty and territorial integrity. The prime duty of the government is to serve and protect the people, and the constitution officially mandates the separation of church and state.