CONSTITUTIONAL LAW
Brief History of Constitutional Law in the Philippines
The history of constitutional law in the Philippines can be traced through several key periods and documents that have shaped the nation’s legal framework.
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Spanish Colonial Period (1565-1898): The Philippines was governed under Spanish law, which was largely based on Spanish civil law and the Spanish Constitution of 1812. The 1889 Malolos Constitution marked the first attempt at a republican government in the Philippines, establishing a democratic framework, although it was short-lived due to the Philippine-American War (Noble, 1994).
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American Colonial Period (1898-1946): Following the Spanish-American War, the United States established a civil government in the Philippines. The Jones Law of 1916 provided for a more autonomous government and laid the groundwork for future constitutions. The 1935 Constitution, which created the Commonwealth of the Philippines, was significant for establishing a bill of rights and a framework for government (Llamas, 1991).
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Japanese Occupation (1942-1945): During World War II, the Japanese imposed a puppet government. The 1943 Constitution was promulgated but was not widely recognized as legitimate. It highlighted the challenges of governance under occupation (Abinales & Amoroso, 2005).
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Post-War and the 1946 Constitution: After World War II, the 1935 Constitution was reinstated until a new constitution was adopted in 1946. This marked the establishment of the Republic of the Philippines, emphasizing democratic principles and national sovereignty (Bernas, 2000).
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Martial Law Era (1972-1981): President Ferdinand Marcos declared Martial Law in 1972, leading to the suspension of the 1935 Constitution. In 1973, a new constitution was ratified, which granted extensive powers to the president and was criticized for undermining democratic institutions (Mendoza, 1997).
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1987 Constitution: Following the People Power Revolution in 1986, the current 1987 Constitution was ratified. This document restored democratic governance, reaffirmed human rights, and established mechanisms for checks and balances among branches of government (Hoffman, 1995). It remains the foundational legal document of the Philippines today.
References
Abinales, P. N., & Amoroso, D. J. (2005). State and Society in the Philippines. Rowman & Littlefield.
Bernas, J. G. (2000). The 1987 Constitution of the Republic of the Philippines: A Commentary. Rex Bookstore.
Hoffman, K. (1995). Constitutional Law in the Philippines: A Historical and Comparative Perspective. University of the Philippines Press.
Llamas, R. D. (1991). Constitutional History of the Philippines. Philippine Historical Association.
Mendoza, M. (1997). Martial Law and the Constitution: A Study of the 1973 Constitution. Philippine Center for Investigative Journalism.
Noble, J. (1994). The Malolos Constitution: The First Philippine Republic. Ateneo de Manila University Press.