short essay about philippine constitution

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WEEK 7: 1898 Declaration of Philippine Independence, The Malolos Constitution and First Philippine Republic LEARNING CONTENT

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This section consists of lesson materials for students related to the Philippines and its role in American History. This information about Philippine independence and how it links the Philippines and the United States is intended for students in middle school, chiefly eighth grade, and are aligned with the North Carolina Standard Course of Study. This project helps to fill gaps in American History and its connection to the Philippines. Additionally, adding depth and cultural awareness to existing American History curriculum provides a clearer, more balanced, and deeper understanding of history topics and how our nation’s past and present are intertwined with other nations. This section is part of The Philippines in American History, which includes teacher guides, found at https://www.academia.edu/87754439/The_Philippines_in_American_History Section published November 2022

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In this essay, I talk about the "history" of changing the day of Philippine independence from 04 July to 12 June. I discussed how postcolonial anti-Americanism, Macapagal's crabbiness towards Washington, and the Philippine Historical Association had interwoven involvement in such a historical event in our recognition of freedom and independence every 12 June. I cited some interesting points from Joseph Scalice, Leloy Claudio, and Rey Ileto. I wrote this essay as a reflection last 12 June after witnessing online the ceremonial flag-raising and wreath-laying at Luneta Park, led for the first time by President Ferdinand Marcos Jr., and the less celebrated Republic Day every 04 July.

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FAST FACTS: 1987 Philippine Constitution

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This is AI generated summarization, which may have errors. For context, always refer to the full article.

MANILA, Philippines – Did you know that for every change in the constitution in the Philippines, the President released a proclamation to commemorate the date when the new charter took effect? This day is called Constitution Day.

Of all the constitutional changes the country went through, it’s only the 1943 Constitution which did not have a corresponding proclamation.

President Corazon C. Aquino, through Proclamation No. 211 of 1988, assigned February 2 of each year as Constitution Day to mark the new 1987 Constitution.

How well do you know the supreme law of the land? We’re listing down some vital information concerning one of the country’s most important legal documents.

The Philippines has had 6 constitutions

The 5 constitutions started with the country’s independence in 1898:

• The 1899 Malolos Constitution (1899-1901)
• The 1935 Constitution (1935-1943, 1945-1973)
• The 1943 Constitution (1943-1945)
• The 1973 Constitution (1973-1986)
• The 1987 Constitution (1987-present)

The 1973 Constitution, according to former Aquino spokesman Teodoro Locsin Jr, was never ratified as the process conducted by then president Ferdinand Marcos Jr met strong opposition.

The Aquino government had 3 options  with regard to the law of the land:

• To revert to the 1935 Constitution. But because Marcos abolished the bicameral legislature they had to resort to general elections.
• To retain the 1973 Constitution and be granted the power to make reforms. This was shot down by Aquino as “she did not want to derive legitimacy and power from the very institutions that she fought.”
• To start anew and break from the “vestiges of a disgraced dictatorship.”

The 1986 Constitutional Commission drafted the Philippine Constitution we now know

President Corazon Aquino in April 1986 created – through Proclamation No. 9 – the 1986 Constitutional Commission (ConCom), which was responsible for drafting a replacement for the 1973 Constitution.

The new constitution, she said, should be “truly reflective of the aspirations and ideals of the Filipino people.”

The 1986 ConCom was composed of 48 individuals who represented all sectors in the country, including, among others, Bishop Teodoro Bacani, former Supreme Court chief justice Roberto Concepcion, former labor minister (and eventually senator and foreign affairs secretary) Blas Ople, Ateneo De Manila University president Father Joaquin Bernas SJ, and University of the Philippines Student Council Chairperson (now Commission on Human Rights chair) Chito Gascon.

The first session of the commission was held on June 2, 1986 when Cecilia Muñoz-Palma, the first woman appointed to the Supreme Court in 1973, was elected president of ConCom.

Several issues were the subject of heated discussions within ConCom

The proceedings in relation to the drafting of the 1987 Philippine Constitution – just like other important legal documents in the country – were in no doubt not without conflict.

According to accounts, members of the ConCom engaged in heated debates during the various sessions on many issues, including the death penalty, economic policies, land reform, form of government, and even the retention of American military bases in Clark and Subic, among others.

The ConCom was able to finish its work after more or less 111 days, according to Palma . On October 12, 1986, the draft constitution was passed – with 44 delegates voting for it and two against – and was presented to Aquino 3 days after.

More than ¾ of votes were in favor of the ratification of the 1987 Philippine Constitution

On February 2, 1987, a National Plebiscite was held after a nationwide information campaign on the draft constitution.

The question voters had to answer was: “Do you vote for the ratification of the proposed Constitution of the Republic of the Philippines with the ordinance appended thereto?”

The results of the 1987 plebiscite canvassed by the Commission on Elections based on returns from 83,288 precincts – or a total of 21,785,216 votes – across the Philippines are as follows:

On February 11, 1987, through Proclamation No. 58 , Aquino announced the results of the plebiscite and proclaimed the 1987 Philippine Constitution ratified. It took effect the same day.

Film director Lino Brocka was among the members who walked out from the ConCom

Lino Brocka, a filmmaker known for his films which explored social realities, was part of the ConCom. 

However, the heated discussions and disapprovals of certain provisions led him and other ConCom members to walk out of the sessions .

Brocka eventually sent a letter on August 28, 1986 to the commission stating that he had informed President Cory Aquino of his irrevocable resignation. “The 48 was reduced by one,” Palma said during her closing remarks  at the closing session of the ConCom.

The late filmmaker, posthumously recognized as National Artist for Film in 1997, is credited for inserting the freedom of expression clause in Article III, Section 4 as the word “freedom” is “more expansive, it has a wider scope, and it would refer to means of expression other than speech.” – Rappler.com

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Essay About Philippine Constitution

The essay sample on Essay About Philippine Constitution dwells on its problems, providing a shortened but comprehensive overview of basic facts and arguments related to it. To read the essay, scroll down.

A community of individuals more or less legion. for good busying a definite part of district. independent of external control. and possessing an organized authorities to which the great organic structure of its dwellers render accustomed obeisance ( De Leon. 2000 ) .

The Philippines is a province. Elementss of a State

The Constitution The United

The first component of a province is the people.

which is known to be the most indispensable and indispensable component of a province. This is the mass of the population. or the figure of people populating within the province. There is no specific figure of people required life within a province so that it could be called a province.

The 2nd component is the district. which is the constituted country that justly belongs to the people of the province.

This is the aerial ( air ) . tellurian ( land ) . fluvial ( stream/river ) . and maritime ( H2O ) domains of the province.

The 3rd component is the authorities. which is the bureau to which the will of the province is expressed. created and administered. This is a group of people or establishments which run and rule the society.

The 4th component is the sovereignty. which is known as the supreme power of the province to command and implement obeisance its will from the people.

Harmonizing to Article One. National Territory.

Proficient in: Constitution

“ Rhizman is absolutely amazing at what he does . I highly recommend him if you need an assignment done ”

of The 1987 Constitution of the Republic of the Philippines: “The national district comprises the Philippine archipelago. with all the islands and Waterss embraced therein. and all other districts over which the Philippines has sovereignty or legal power. consisting of its terrestrial. fluvial and aerial spheres. including its territorial sea. the ocean floor. the undersoil. the insular shelves. and other pigboat countries. The Waterss around. between. and linking the islands of the archipelago. regardless of their comprehensiveness and dimensions. organize portion of the internal Waterss of the Philippines. ”

This means that all the country that is encompassed by 185 kilometres ( 100 maritime stat mis ) from the Philippine shore. under the seabed even. is a district of the Philippines. This is sometimes besides known as the “Philippine Area of Responsibility” . a term used by PAG-ASA and other conditions bureaus to find for illustration. if a typhoon or a Low Pressure Area has entered our district.

Fundamental law of the Philippines

The fundamental law of the Philippines is the most of import portion of a province. The national district and all the cardinal laws- the set of regulations and principles- can be found here. The Constitution besides enunciates province rules and policies. Among the rules and policies embodied in the Fundamental law are:

( 1 ) Sovereignty of the people ;

( 2 ) Repudiation of war as an instrument of national policy ;

( 3 ) Domination of civilian authorization over the military ;

( 4 ) Service and protection of the people as the premier responsibility of the Government ;

( 5 ) Separation of Church and State ;

( 6 ) Guarantee of human rights ;

( 7 ) Separation of power among the assorted subdivisions of authoritiess ; and

( 8 ) Autonomy for local authorities units.

One of the cardinal constituents of the Constitution is the Bill of Rights. which declares and enumerates the basic rights and autonomies of the people which the authorities ( or any individual ) is out to go against or infringe upon. Among the rights granted by the Fundamental law are:

( 1 ) Due procedure of jurisprudence and equal protection ;

( 2 ) Right against unreasonable hunt and ictus ;

( 3 ) Right of privateness ;

( 4 ) Freedom of address. of look. and of the imperativeness ;

( 5 ) Freedom of faith ;

( 6 ) Autonomy of residence and travel ;

( 7 ) Right to information on affairs of public concern ;

( 8 ) Right to organize associations for intents non contrary to jurisprudence ;

( 9 ) Right to a merely compensation when private belongings is taken for public usage ;

( 10 ) Right against damage of contract ;

( 11 ) Freedom of entree to the tribunals ;

( 12 ) Rights refering to individuals under probe ;

( 13 ) Right against inordinate bond ;

( 14 ) Rights of the accused in condemnable instances ; and

( 15 ) Right to speedy temperament of instances.

It has been revised seven times. get downing from The 1899 Malolos Constitution. which was approved by so President Emilio Aguinaldo on December 23. 1898 and promulgated on January 21. 1899. and so the Philippine Organic Act of 1912 enacted into jurisprudence by the United States Congress on July 1. 1902. Next was The Jones Law of 1916. enacted into jurisprudence by the United States Congress on August29. 1916. followed by The 1935 Constitution. which was approved by the 1934 Constitutional Convention on February 8. 1935. certified by the President of the United States on March 25. 1935. and ratified by plebiscite on May 14. 1935. This was amended two times. on June 18 1940 and March 11. 1947.

The 1943 Constitution. was approved by the Preparatory Committee on Philippine Independence on September 4. 1943 and ratified by the KALIBAPI convention on September 7. 1943. Following this is The 1973 Constitution. which was proclaimed in force by Proclamation by so President Ferdinand Marcos on January 17. 1973. This was amended three times. on October 16-17. 1976. January 30. 1980 and April 7. 1981. The present fundamental law. which is The 1987 Constitution. was foremost presented to so President Cory C. Aquino as The 1986 Freedom Constitution on October 15. 1986. This was approved by the Constitutional Commission on October 12. 1986. It was ratified by a plebiscite on February 2. 1987 and proclaimed in force by February 11. 1987.

Mentions: Pacaway. J. ( 2014. July 4 ) . Filipino authorities with 1987 fundamental law. Retrieved from hypertext transfer protocol: //www. slideshare. net/anjanet2/philippine-government-with-1987-constitution

Filipino Constitutions | Official Gazette of the Republic of the Philippines. ( n. d. ) . Retrieved from hypertext transfer protocol: //www. gov. ph/constitutions/

Salinas. S. ( 2013. December 16 ) . Concepts of province and authorities. Retrieved from hypertext transfer protocol: //www. slideshare. net/sarahsalinascatwoman/concepts-of-state-and-government-29249128

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE I | Official Gazette of the Republic of the Philippines. ( n. d. ) . Retrieved from hypertext transfer protocol: //www. gov. ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-i/ The History and Evolution of the Philippine Constitution | Law | Jcmiras_03. ( 2014. August ) . Retrieved from hypertext transfer protocol: //www. pinoysites. org/jcm/item/12/

The Constitution of the Philippines: An Overview | Herald Digital Law Philippines. ( 2011. February 1 ) . Retrieved from hypertext transfer protocol: //philippineslaw. wordpress. com/2011/02/01/the-constitution-of-the-philippines-an-overview/

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Essay About Philippine Constitution. (2019, Dec 06). Retrieved from https://paperap.com/paper-on-elements-of-a-state-and-philippine-constitution-essay/

"Essay About Philippine Constitution." PaperAp.com , 6 Dec 2019, https://paperap.com/paper-on-elements-of-a-state-and-philippine-constitution-essay/

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"Essay About Philippine Constitution," PaperAp.com , 06-Dec-2019. [Online]. Available: https://paperap.com/paper-on-elements-of-a-state-and-philippine-constitution-essay/. [Accessed: 19-Apr-2024]

PaperAp.com. (2019). Essay About Philippine Constitution . [Online]. Available at: https://paperap.com/paper-on-elements-of-a-state-and-philippine-constitution-essay/ [Accessed: 19-Apr-2024]

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Constitutional Performance Assessment in the Time of a Pandemic: The 1987 Constitution and the Philippines’ COVID-19 Response

The UP Center for Integrative and Development Studies‘ Program on Social and Political Change and the International Institute for Democracy and Electoral Assistance present a new discussion paper titled “Constitutional Performance Assessment in the Time of a Pandemic: The 1987 Constitution and the Philippines’ COVID-19 Response.” Building off the “Constitutional Performance Assessment of the 1987 Philippine Constitution” project, this paper examines key constitutional issues to watch out for as the Philippines responds to COVID-19, including electoral institutions, legislative–executive relations, judiciary, accountability institutions, local governments, rights, security, economy and labor, and citizenship and equality.

Read and download the publication for free at bit.ly/3hxQKzg .

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Ateneo School of Law Publications

The constitutional basis of social rights in the philippines.

Ngina Teresa Chan-Gonzaga , Ateneo School of Law, Ateneo de Manila University Follow

Document Type

Publication date.

The adoption of the 1973 Constitution supposed a great improvement in the regulation of social justice and social rights in comparison to the previous constitutional texts, but civil and political rights continue having a preeminent character. The 1973 Constitution provides seven key areas for prioritization: labor, agriculture and natural resources, health, women, among others. It is true that Congress has enacted a good number of social legislation in with with these priority areas, but this has not been enough.

Recommended Citation

Chan-Gonzaga, N. T. (2018). The constitucional basis of social rights in the Philippine. Estudios de Deusto: revista de la Universidad de Deusto, 66(1), 81-106.

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