Summary
Highlights
A constitution is a set of rules guiding a country, state, or political organization, acting as a rulebook for the government. It outlines the branches, powers, and responsibilities of the government, and protects the rights of the people. It is the supreme law of the land, meaning no law, not even from the president, can go against it. February 2nd is celebrated as Constitution Day in the Philippines, commemorating the ratification of the latest constitution in 1987.
A constitution is vital for maintaining law and order, preventing chaos and anarchy, and ensuring the protection of citizens' rights and freedoms, such as freedom of expression. It imposes rules and regulations on government officials, guiding their actions and limiting their powers to prevent abuse. Without a constitution, greedy officials could take advantage, leading to a dysfunctional government.
The Philippines has had six constitutions throughout its history: the 1899 Malolos Constitution, the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Philippine Constitution. Only three of these, the 1935, 1973, and 1987 Constitutions, effectively governed the country.
After 333 years of Spanish rule, the Pact of Biak-na-Bato briefly offered self-rule, but trust issues led to its failure. Emilio Aguinaldo declared Philippine independence on June 12, 1898. However, the Treaty of Paris transferred the Philippines to the United States. In response, the Malolos Congress formed and drafted the 1899 Malolos Constitution, the first for the Philippine Republic and the first republican constitution in Asia. It featured a popular representative government, a unicameral legislature with executive control, separation of church and state, a bill of rights, and compulsory basic education. This constitution wasn't fully implemented due to the Philippine-American War.
Under American colonization, the 1935 Constitution was drafted, providing the legal basis for the Commonwealth government, a transition before independence. Key features included a bicameral legislature (Senate and House of Representatives), a four-year term for the President and Vice President with re-election, and suffrage for male citizens aged 21 or over who could read and write (later extended to women). This was the first constitution to be fully implemented, but its implementation was interrupted by the Japanese occupation.
During World War II, the Japanese invaded the Philippines. Filipino collaborators, known as KALIBAPI, ratified the 1943 Constitution for the Japanese-sponsored Second Republic. It featured strong executive powers and a unicameral National Assembly where only anti-U.S. individuals could run for election. This constitution was short-lived and only recognized in Japanese-controlled areas, being disregarded by the United States and the Philippine government-in-exile.
After gaining independence from the Americans, the Philippines adopted the 1935 Constitution until Ferdinand Marcos's presidency. Elected in 1965 and reelected in 1969, Marcos declared martial law in 1972, influencing the Constitutional Convention to draft the 1973 Constitution according to his wishes. This constitution established a parliamentary government with a Prime Minister and President, vested legislative powers in a unicameral National Assembly, and legalized all presidential decrees. Controversial amendments in 1976 replaced the National Assembly with the interim Batasang Pambansa and concentrated more power in the president, who also became prime minister.
The assassination of Benigno 'Ninoy' Aquino led to widespread outrage and the EDSA People Power Revolution, forcing Marcos into exile. Corazon Aquino became president and abolished the 1973 Constitution, replacing it with the 1986 "Freedom Constitution." This was largely a verbatim copy of the 1973 Constitution, minus the Batasang Pambansa provisions. Aquino temporarily held both executive and legislative powers. This transitional constitution lasted for a year while a new commission drafted the current 1987 Philippine Constitution.
The 1987 Philippine Constitution, often called the "Anti-Marcos Constitution," revolves around four themes: upholding national sovereignty, democratic governance and preventing dictatorship, respect for human rights and civil liberties, and promotion of social justice. It establishes three governmental powers: executive, legislative, and judicial. These branches operate with separation of powers and a system of checks and balances, ensuring no single branch becomes too powerful, much like players, coaches, and referees in a basketball game, with the people as viewers.