Philippine Christian University
Senior High School
1648 Taft Ave. cor. Pedro Gil St., Malate, Manila
[Link]
Module 3
PHILIPPINE
POLITICS AND GOVERNANCE
(Historical Background of Philippine Democratic Politics, Introduction to the
Philippine Constitution, and the Executive Department)
PREPARED BY:
Ms. Maria Aerial M. Abawag, LPT
2022
5 HISTORICAL BACKGROUND OF PHILIPPINE DEMOCRATIC POLITICS
(Introduction to the Philippine Constitution)
At the end of the lesson, the learner should be able to:
1. Define constitution.
2. Identify the different classification of constitution.
3. Enumerate the characteristics of a good written constitution.
4. Relate the evolution of Philippine politics and governance.
5. Describe the different stages in the evolution of the Philippine politics and governance.
6. Analyze the evolution of Philippine politics and governance based on the development of the
Philippine Constitution.
The Constitution is the “supreme law” of the land and therefore holds the highest level in the
hierarchy of the laws. Every law of the Philippines must conform to the constitution.
In this lesson, we will study the history of democracy in the Philippines through the development
of our constitution.
The Constitution is the written instrument by which the fundamental powers of the government
are established, limited, and defined and by which these powers are distributed among the several
departments or branches for their safe and useful exercise for the benefit of the people.1
The Constitution is important because (1) it maintains law and order, (2) imposes rules and
regulations that everyone should obey, (3) it protects the individual freedom and rights, and (4) it limits
the power of the government.
KINDS OF CONSTITUTION
Constitutions may be classified as follows:
1. As to their origin and history2
a. Conventional is enacted by a constituent assembly or granted by a monarch to his subjects
like the Constitution of Japan in 1899.
b. Cumulative or evolved is a product of
growth or long period of development
originating in customs, traditions, judicial
decisions, etc. rather than from a deliberate
and formal enactment.
2. As to their form3
a. Written constitution is a single, formal
document that describes the arrangement 1987 Philippine Constitution. Source: [Link]
of governance in a country. It is framed in a
1
Reference: Hector S. De Leon and Hector M. De Leon Jr. (2014). Textbook on the Philippine Constitution. Quezon City. REX Printing
Company Inc. 51.
2
Hector S. De Leon and Hector M. De Leon Jr. (2014). Textbook on the Philippine Constitution. Quezon City. REX Printing Company Inc. 33
3
Telangana Today. Types of Constitution. [Link] Accessed 14January2021
2 I PAGE MMA/Politics and Governance/2022 rev.01
systematic manner, usually by a representative body called the constituent assembly after
many deliberations and discussions.
b. Unwritten Constitution is not written in a single document. It is derived from a number of
sources that are part written and part unwritten, including conventions, traditions, customs,
Acts of Parliament and the common law
3. As to manner of amending them
a. Rigid or inelastic when the constitution is regarded as a document of special sanctity which
cannot be amended or altered except by some special machinery more cumbrous that the
ordinary legislative process.
b. Flexible or elastic allow any of the rules of the constitution to be modified through the simple
procedure by which ordinary statutes are enacted.4
Therefore, our Constitution may be classified as conventional or enacted, written, and rigid or
inelastic. The Constitution was drafted by an appointive body called the Constitutional Commission.
EVOLUTION OF PHILIPPINE CONSTITUTION
The Official Gazette stated that the Philippines has had a total of six constitutions since the
Proclamation of Independence on June 12, 1898.5
1899 Malolos Constitution
“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 Malolos Congress. source:wikiwand
Act of 1916, which included the first pledge of Philippine independence. These laws served as
constitutions of the Philippines from 1902 to 1935.”
1935 Commonwealth Constitution
“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.
4
Britanica. Characteristics of Constitution. [Link] Accessed
14January2021
5
Official Gazette. Constitution Day. [Link] Accessed 14January2021
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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 reelection to four years
with a possibility of being reelected for a second term.”
1943 Constitution
“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.”
1973 Constitution
“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.”
1986 Provisional “Freedom Constitution”
“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.”
1987 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
The Constitutional Commission of 1986. source: Official Gazette allegiance to the new charter.”
The 1987 Philippine Constitution has a total of 18 Articles, excluding the Preamble, which is no
integral part of the Constitution. Preamble (Latin: preambulare) serves as the introduction of the whole
Constitution.
In this module, we will not look on all the provisions of the Constitution, but we will focus on the
basic principles underlying the 1987 Philippine Constitution.
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THE BASIC PRINCIPLES UNDERLYING THE 1987 PHILIPPINE CONSTITUTION
1. Recognition of the Aid of Almighty God
“ … imploring the aid of Almighty God …” (Preamble)
In imploring the aid of Almighty God, the Filipino people declare and affirm their belief in the existence
of a Supreme Being that guides the destinies of human and nations. The Filipino people believed that
with the help of God, we will be able to achieve the ideals and aspirations to which we are committed,
particularly in building a “just and humane society”. We, Filipino people, acknowledge that God is the
source of our authority!
2. Sovereignty of the People
“… Sovereignty resides in the people and all government authority emanates from them.”
– Article II, sec. 1
The Filipino people have the right to constitute their own government, to change it, and to define
its jurisdiction and power.
a. Exercised indirectly through public officials: People do not govern themselves directly,
but in a form of representatives, in which the public officials are accountable to the people.
b. Exercised directly through suffrage: Actual sovereignty of the people is exercised through
the electoral process. (Hector et. al. p.70)
3. Renunciation of War as an Instrument of National Policy
“The Philippines renounces war as an instrument of national policy…” – Article II, sec. 2
This is in accordance with the principle in the United Nations Charter binding all members to
“refrain in their international relations from the threat or use of force against the territorial integrity or
political independence of any state…” This declaration means the Philippines should renounce from
aggressive war BUT not war in defense of her national honor and integrity.
Under Article VI, Sec. 23(1), the Congress may declare the existence of war with the concurrence
of two-thirds from all its members, voting separately – Senate and HOR (Hector et. al. pp.72-73)
4. Supremacy of Civilian Authority Over the Military
“Civilian authority is, at all times, supreme over the military…” – Article II, sec. 3
Civilian authority is the practical implementation of a state, other than its military units, that enforces
law and order. 6 In a republican state, the President is the one who holds the highest civilian authority.
Even in the time of war, the armed forces are subordinate to civilian authority. The President of the
Philippines serves as the commander-in-chief of all armed forces of the Philippines – the army, navy, and
the air force. This principle is an important safeguard against the rise of military dictatorship (Hector et. al.
pp. 76-77)
5. Separation of Church and State
“The separation of Church and State shall be inviolable.” –
Article II, sec. 6
The Church (regardless of religion) should not interfere in purely
political matters, and the State should not interfere in matters of
religion. And with the virtue of Article III. Section 5, the State shall
have no official religion and that every person is free to profess
Separation of Church and State. source: citizens
project
6
Wikipedia. Civil Authority. [Link] Accessed 11January2021
5 I PAGE MMA/Politics and Governance/2022 rev.01
belief or disbelief in any religion (Hector et. al. pp. 82-84) Also, no public funds should be used to promote a
specific religion in the country.
“…no public money or property shall ever be appropriated, applied, pair, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution or
system of religion.” (Art. VI, sec. 29)
6. Recognition of the Importance of the Family as a
Basic Social Institution and of the Vital Role of the
Youth in Nation-Building (Refer to Article II sections
12-13, and Article XV)
The state shall recognize the sacredness of family
life and to strengthen the family. The government,
under this provision may not enact any law or initiate
measures that would break up or weaken the family as
a social unit. (Hector et. al. pp.95-96) The state shall
promote and protect the well-being of the youth to
enable them to develop physically, morally, spiritually,
Filipino Family. source:weebly
intellectually, and socially, in a wholesome and normal
manner. (Hector et. al. pp. 99-100)
YOU! Yes, you and the other youth are the nation’s most valuable resource and asset. TODAY’S
YOUTH, TOMORROW’S LEADERS.
7. Guarantee of Human Rights (Refer to Article III- Bill of Rights)
No law shall be passed that will violate the human rights of the people as stated in the Bill of Rights
under Article III of the 1987 Philippine Constitution. The State shall protect the right to life, liberty, and
property of the people.
8. Government Through Suffrage (Refer to Article V: Suffrage)
Suffrage is the right and obligation to vote for qualified citizens in the election of certain national
and local officers of the government and in the decision of public questions submitted to the people.
(Hector et. al. pp.227)
9. Separation of Powers (Refer to Article VI Sec 1)
The powers of government are divided into three (3) distinct classes: the legislative, the executive,
and the judicial power. They are distributed, respectively, among the legislative, executive, and judicial
branches or departments of the government (Hector et. al. p.244)
10. Independence of The Judiciary
“The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.” – Article VIII sec. 1
The courts enjoy independence, that is, they are free to perform their functions without interference
from the executive or legislative branch of the government. For a government of law and not of men can
be assured only by a judiciary that is independent and free, passionately devoted to the impartial
administration of justice. (Hector et. al. pp.370-371)
11. Guarantee of Local Autonomy
“The territorial and political subdivisions shall enjoy local autonomy” – Article X sec. 2
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Local autonomy is the exercise of certain basic powers by local government units so as to best serve
the interest and promote the general well-being of their inhabitants (Hector et. al. p.471)
12. High Sense of Public Service Morality and Accountability of Public Officers
“Public office is a public trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.” – Article XI sec. 1
The above provision lays stress on the well-known dictum that public office is a public trust. Public
officers are called public servants because they receive their compensation from the public – the people
who are their employer. (Hector et. al. pp. 494-495)
13. Rule of Majority
The observance of the rule of the majority is an unwritten law of popular government (democracy).
The wishes of the majority prevail over those of the minority. It does not mean that the minority is left
without rights. It is given certain fundamental rights, like the right to express their opinions, or to protest
the acts of the majority, although it is bound to abide by the decision of the latter. (Hector et. al. pp. 45-46)
14. Government of Laws and Not of Men
No man in this country – not even the government – is above or beyond the law. Every man, however
high and mighty his station may be, possesses no greater rights than every other man in the eyes of the
law. (Hector et. al. p.47)
With proper understanding of these principles, you will be able to properly understand our organic
law or the system of laws.
1. Constitution is the supreme law of the land and is the written instrument by which the fundamental
powers of the government are established, limited, and defined
2. The Constitution may be enacted or evolved, written or unwritten, and rigid or flexible.
3. The Philippines has had a total of six constitutions: 1899 Malolos Constitution, 1935
Commonwealth Constitution, 1943 Constitution, 1973 Constitution, 1986 Provisional Freedom
Constitution, and the present Constitution of the Republic, 1987 Philippine Constitution.
4. The 1987 Constitution contains 18 articles and a preamble.
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