I. Introduction

The Constitution serves as the supreme law of the Republic of the Philippines, embodying the fundamental principles of governance, the allocation of sovereign power, and the protection of individual rights. Since the birth of Filipino nationhood, the country has adopted no fewer than seven distinct constitutional documents, each forged in the crucible of revolution, colonial rule, occupation, dictatorship, and democratic restoration. These charters trace the evolution of Philippine constitutionalism from provisional revolutionary frameworks to a mature presidential republic under the 1987 Constitution. Their history reflects the Filipino people’s persistent struggle for self-determination, the tension between executive dominance and checks-and-balances, and the enduring commitment to popular sovereignty expressed through plebiscites and ratification.

II. The Revolutionary Constitutions (1897–1899)

A. The Biak-na-Bato Constitution (1897)
Promulgated on November 1, 1897, at Biak-na-Bato in San Miguel, Bulacan, this was the first written constitution of the Philippine Revolution. Drafted by Isabelo Artacho and Felix Ferrer and modeled after the Cuban Constitution of 1895, it established a provisional republican government under President Emilio Aguinaldo. Key features included a Supreme Council composed of a President, Vice-President, and Secretaries; a Council of State; and a rudimentary bill of rights. The document was short-lived. The Pact of Biak-na-Bato (December 1897) led to Aguinaldo’s exile in Hong Kong, rendering the constitution inoperative. Its significance lies in its symbolic assertion of Filipino sovereignty against Spanish colonial rule.

B. The Malolos Constitution (1899)
The Malolos Constitution, formally titled “The Political Constitution of the Republic,” was the first full republican charter. Approved by the Malolos Congress on January 20, 1899, and promulgated by Aguinaldo on January 21, 1899, it established the First Philippine Republic (República Filipina). Influenced by the constitutions of Spain (1869), Mexico (1857), Belgium (1831), and France (1793), it provided for a unicameral National Assembly, an executive President, and an independent judiciary. It contained a comprehensive Bill of Rights, separation of church and state (Article 5), and parliamentary responsibility of the Cabinet. The constitution was suspended with the outbreak of the Philippine-American War in February 1899 and was formally superseded by American military government. It remains the only constitution drafted and ratified entirely by Filipinos without foreign oversight.

III. The American Colonial and Commonwealth Period

A. The 1935 Constitution
Following the Jones Law (1916) and the Tydings-McDuffie Act (1934), a Constitutional Convention of 202 delegates convened in Manila from July 1934 to February 1935. The resulting Constitution was ratified by plebiscite on May 14, 1935, and took effect upon inauguration of the Commonwealth on November 15, 1935.

Salient features:

Presidential system with a bicameral Congress (Senate and House of Representatives) after 1940 amendments;
Independent judiciary headed by the Supreme Court;
Bill of Rights modeled after the U.S. Constitution;
National ownership of natural resources and parity rights for Americans (added by 1947 amendment).

The 1935 Constitution was amended three times: (1) 1939 – creation of the Commission on Elections; (2) 1940 – restoration of bicameralism and presidential re-election; (3) 1947 – Parity Amendment granting U.S. citizens equal rights in natural resources and public utilities. It survived the Japanese occupation and served as the fundamental law of the independent Republic from July 4, 1946, until 1973. Landmark jurisprudence under this charter includes Angara v. Electoral Commission (1936), establishing judicial review, and Planas v. Gil (1939), affirming emergency powers.

IV. The Japanese Occupation Constitution (1943)

On October 14, 1943, the Second Philippine Republic was inaugurated under Japanese sponsorship. A Preparatory Commission for Philippine Independence drafted the 1943 Constitution, which was ratified by a specially convened National Assembly. It established a unicameral National Assembly and a strong executive President (Jose P. Laurel). The document was essentially a wartime instrument, subordinating Philippine sovereignty to Japanese military requirements. It lasted only until the liberation of Manila in February 1945 and was never recognized by the legitimate Commonwealth government-in-exile. Its brief existence underscored the illegitimacy of collaborationist regimes under international law.

V. The Martial Law Era: The 1973 Constitution

A. Adoption and Original Text
In 1970, President Ferdinand E. Marcos convened a Constitutional Convention. After declaring martial law on September 21, 1972, Marcos issued Proclamation No. 1102 (January 17, 1973), declaring ratification through “citizens’ assemblies” rather than plebiscite. The Supreme Court in Javellana v. Executive Secretary (1973) ruled that the ratification process was irregular but allowed the Constitution to take effect.

The original 1973 Constitution shifted to a parliamentary system: a unicameral Batasang Pambansa, a Prime Minister chosen from its members, and a ceremonial President. It retained a Bill of Rights but introduced transitory provisions (Article XVII) granting Marcos legislative and executive powers.

B. Amendments (1976–1981)

1976 Amendments (PD 1033 and PD 1031) – created an Interim Batasang Pambansa and allowed Marcos to remain President and Prime Minister;
1980 Amendments – extended the term of incumbent officials;
1981 Amendments – restored a modified presidential system while retaining parliamentary features, lifted martial law, and allowed Marcos to run for a new six-year term.

The 1973 Constitution, as amended, facilitated authoritarian rule for fourteen years and was effectively dismantled by the EDSA People Power Revolution in February 1986.

VI. The Revolutionary Transition: The 1986 Freedom Constitution

Immediately after assuming office on February 25, 1986, President Corazon C. Aquino issued Proclamation No. 3 (March 25, 1986), promulgating the “Freedom Constitution.” This provisional charter:

Abolished the Batasang Pambansa;
Vested legislative power in the President until a new Congress was elected;
Created a Constitutional Commission to draft a permanent constitution;
Reinstated the 1935 Bill of Rights with additional safeguards.

The Freedom Constitution served as the fundamental law from March 25, 1986, to February 2, 1987, bridging the dictatorship and the restored democracy.

VII. The 1987 Constitution – The Current Charter

A. Framing and Ratification
President Aquino appointed a 50-member Constitutional Commission (ConCom) chaired by Justice Cecilia Muñoz-Palma. The Commission completed its work on October 15, 1986. The draft was ratified by plebiscite on February 2, 1987, with an overwhelming 76.37% approval. It took effect immediately upon proclamation.

B. Salient Features

Presidential system with a six-year term and no re-election;
Bicameral Congress (Senate and House of Representatives);
Independent judiciary with expanded judicial review and the power to declare acts unconstitutional;
Strengthened Bill of Rights, including social and economic rights;
Creation of independent constitutional commissions (COMELEC, CSC, COA, CHR);
Prohibitions on martial law abuse (Section 18, Article VII requires congressional approval within 48 hours and limits suspension to 60 days);
Term limits for all elective officials;
Decentralization through the Local Government Code (RA 7160) and the Autonomous Region in Muslim Mindanao;
Nationalistic provisions on economy, education, and patrimony (Articles XII, XIV).

The 1987 Constitution has withstood multiple attempts at revision. Proposed changes under Presidents Estrada, Arroyo, and Duterte—whether through Constituent Assembly, Constitutional Convention, or People’s Initiative—failed to secure ratification. As of the present, it remains the supreme law, interpreted by the Supreme Court in landmark cases such as Lambino v. COMELEC (2006) (rejecting people’s initiative for revision), Oposa v. Factoran (1993) (intergenerational responsibility), and Sereno v. Committee on Justice (2018) (judicial independence).

VIII. Comparative Analysis and Constitutional Evolution

From the revolutionary documents of 1897–1899, which asserted sovereignty in the face of colonial denial, to the 1935 framework that prepared the nation for independence, Philippine constitutionalism moved toward greater democratic institutionalization. The 1943 and 1973 charters represent periods of external imposition and internal authoritarian consolidation, respectively. The 1986–1987 transition restored and deepened democratic safeguards, emphasizing human rights, separation of powers, and civilian supremacy.

Key evolutionary themes include:

Progressive expansion of the Bill of Rights (from 1899 to 1987);
Shifting balance between presidential and legislative power;
Increasing judicial independence and review;
Recognition of social justice and people’s participation as constitutional imperatives.

The 1987 Constitution stands as the longest-surviving charter in Philippine history, embodying the lessons of past abuses and the aspirations of the Filipino people for a just and democratic society.

IX. Conclusion

The history of Philippine constitutions is inseparable from the nation’s quest for genuine independence and accountable governance. Each charter has been both a product of its time and a blueprint for the future. The 1987 Constitution, born of popular revolution and ratified by direct vote, continues to serve as the living covenant between the government and the sovereign people. Its endurance testifies to the resilience of Philippine constitutional democracy.