CONSTITUTIONAL LAW

Brief History of Constitutional Law in the Philippines

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The history of Philippine constitutional law unfolds through key periods that shaped today’s legal system. Under Spanish rule (1565–1898), governance followed Spanish civil law traditions, with early liberal influence from the Spanish Constitution of 1812.

 

The Malolos Constitution (1899) marked the country’s first republican experiment, laying down a democratic framework, though it was short-lived due to the Philippine-American War.

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During the American period (1898–1946), the Philippines transitioned toward self-government. The Jones Law of 1916 expanded autonomy, while the 1935 Constitution established a formal Bill of Rights and a clear governmental structure under the Commonwealth.

 

The Japanese occupation (1942–1945) imposed the 1943 Constitution, widely viewed as illegitimate and reflective of governance under coercion.

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After World War II, the 1935 Constitution was restored, ushering in the Republic of the Philippines and emphasizing sovereignty and democratic ideals. This was disrupted during the Martial Law era (1972–1981), when the 1973 Constitution concentrated power in the presidency and weakened democratic checks.

 

Following the 1986 People Power Revolution, the 1987 Constitution was adopted, restoring democratic governance, strengthening human rights, and reinforcing checks and balances—remaining the country’s foundational legal charter today.

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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.