Readings in Philippine History

John Ercel Lozada

Lesson 7 – The Constitution and The Republic

Constitution
The structure, authority, and duties of the government, as well as the rights and
liberties of the populace, are all outlined in the constitution, a collection of
fundamental concepts or regulations governing a country or organization.
The legislative, executive and judicial departments of government are often
established in a constitution, with a description of their roles and authority. Also, it
describes the procedure for revising the constitution and could include a bill of
rights that safeguards personal freedoms, including the right to free speech, the
right to practice one's religion, and the right to assemble.
Constitutions may be written or unwritten, and they are often regarded as the
nation's highest law, requiring compliance with all other laws and government
activities.
Philippine Constitutions
During its history, the Philippines has had a number of different constitutions. The
"1987 Constitution" is the name of the current constitution, which was passed in that
year. Below is a quick summary of the Philippines' different constitutions:
The Malolos Constitution (1899), which was created under Emilio Aguinaldo's
direction during the First Philippine Republic, served as the country's first
constitution.
The 1935 Constitution was passed during the Commonwealth era, with President
Manuel Quezon serving as its chief proponent. It created a presidential system of
government and granted the president extensive authority.
The 1973 Constitution was passed in the midst of President Ferdinand Marcos'
tyranny. The Batasang Pambansa, a unicameral parliament, was founded in its place
of the bicameral Congress. Moreover, it provided Marcos a wide range of authority,
including the capacity to impose laws.
The 1987 Constitution was created in the wake of the People Power Revolution,
which removed Marcos from office. It reinstated a bicameral Legislature and
constrained the president's authority. Moreover, a panel to study and suggest
constitutional changes was created.
The Philippines' present constitution was ratified in 1987 and has undergone several
revisions since then. It is seen as a progressive constitution that upholds individual
liberties and rights and establishes a system of checks and balances to guard against
the misuse of authority.
Check and Balance: Philippine Government System
Like the United States and other democratic countries, the Philippines is a democracy
that runs on a system of checks and balances. The legislative, executive, and judicial
departments of the Philippine government are each intended to serve as a check on
the other's authority and have independent and unique authorities and duties.

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Readings in Philippine History
John Ercel Lozada
Lesson 7 – The Constitution and The Republic

The system of checks and balances is a principle of government that aims to prevent
any one branch or person from having too much power. It is designed to ensure that
no branch of government or individual can become too powerful and abuse their
authority. This system is commonly used in democratic countries, including the
United States, to prevent authoritarianism and protect individual liberties.
Under the system of checks and balances, each branch of government - the
legislative, executive, and judicial - has separate and distinct powers and
responsibilities. These powers are defined by the constitution, which also establishes
the rules and procedures for how the branches interact with each other.
Each branch is also given certain powers to check and balance the powers of the
other branches. For example, the legislative branch (Congress) has the power to
impeach the president and remove them from office, while the executive branch (the
president) has the power to veto laws passed by Congress. The judicial branch
(Supreme Court) has the power to interpret the constitution and strike down laws or
executive actions that are found to be unconstitutional.
Legislative branch - The Philippine Congress is a bicameral body consisting of the
Senate and the House of Representatives. Congress has the power to make laws,
approve the national budget, and investigate government officials. It can also check
the power of the executive branch through the power of the purse (controlling
government funds) and the power of impeachment (removing the president or other
high-ranking officials from office).
Executive branch - The Philippine president is the head of the executive branch and
is responsible for implementing the laws passed by Congress. The president has the
power to veto bills passed by Congress, but Congress can override a presidential
veto with a two-thirds vote in both houses. The president is also subject to
impeachment by Congress.
Judicial branch - The Philippine judiciary is headed by the Supreme Court and is
responsible for interpreting the laws and the constitution. The courts have the power
of judicial review, which means they can declare laws or executive actions
unconstitutional. This power helps to check the power of the legislative and
executive branches.
The State and Nation
A state is a political entity that exercises authority and control over a defined
territory and population. It is typically characterized by a centralized government
that has the power to make and enforce laws, levy taxes, and maintain order and
security. A state may have various political institutions, such as a legislature,
executive branch, and judiciary, which work together to govern the country and
uphold the rule of law.
A state can be sovereign, which means that it has complete control over its own
affairs and is not subject to external authority. Sovereign states are recognized as
independent entities by other states in the international community, and they have

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Readings in Philippine History
John Ercel Lozada
Lesson 7 – The Constitution and The Republic

the right to enter into diplomatic relations, sign treaties, and engage in other
activities on the global stage.
A nation is a group of people who share a common culture, language, history, and
territory. It is a social and political entity that is characterized by a sense of identity
and belonging among its members. A nation can be defined by a number of factors,
including ethnicity, religion, language, and shared historical experiences. In some
cases, a nation may also have a shared political identity and institutions, such as a
government or legal system. The concept of a nation is often closely related to the
idea of a state, which is a political entity that exercises sovereignty over a defined
territory and population. However, not all nations have their own independent state,
and some states may encompass multiple nations within their borders.
The Republic
A republic is a form of government in which the power is held by the people or their
elected representatives. In a republic, the head of state is usually a president, who is
elected by the people or by a representative body, rather than being a hereditary
monarch.
The key feature of a republic is that the government operates under a constitution
that outlines the rights and responsibilities of both the government and the citizens.
This constitution is usually established through a process of popular consent, such as
a referendum or a vote in a representative assembly.
Democracy
Democracy is a form of government in which power is held by the people, either
directly or through elected representatives. In a democratic system, citizens have the
right to participate in the decision-making process of their government, through
voting, free speech, and other means.
Democracy is often characterized by certain key features, including:
Free and fair elections - In a democratic system, citizens have the right to vote and
choose their leaders through free and fair elections.
Rule of law - Democracy is based on the principle of the rule of law, which means
that everyone, including government officials, is subject to the law and must obey it.
Protection of human rights - Democracies typically provide strong protections for
individual rights, such as freedom of speech, freedom of the press, and freedom of
assembly.
Separation of powers - In a democratic system, power is typically divided among
different branches of government, such as the legislative, executive, and judiciary, to
prevent any one branch from becoming too powerful.
Accountability - Democratic systems often have mechanisms for holding
government officials accountable, such as through elections, impeachment, or other
legal processes.

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Readings in Philippine History
John Ercel Lozada
Lesson 7 – The Constitution and The Republic

Inherent Powers of the State

The inherent powers of the state refer to the powers that are essential to the
existence and functioning of a sovereign state. These powers are not specifically
enumerated in any legal document, but are generally recognized as necessary for a
state to maintain its sovereignty and carry out its basic functions. The inherent
powers of the state include:
Police power - This refers to the power of the state to regulate and control the
conduct of individuals and businesses within its territory for the promotion of public
welfare, safety, and health. Examples of police power include the regulation of traffic,
the enforcement of building codes, and the imposition of health and safety
standards.
Power of eminent domain - This is the power of the state to take private property
for public use, as long as just compensation is provided to the property owner. This
power is often used for the construction of public infrastructure, such as highways,
airports, and public buildings.
Power of taxation - This is the power of the state to impose taxes on individuals
and businesses in order to generate revenue for public purposes, such as the
provision of public services and infrastructure.
Power of treaty-making and foreign affairs - This is the power of the state to
negotiate and enter into treaties with other states, establish diplomatic relations, and
engage in foreign affairs.
Power of national defense - This is the power of the state to protect its citizens and
territory from external threats, such as military aggression or terrorism.
Charter Change
"Charter change" or "Cha-cha" is a term used in the Philippines to refer to the
process of amending or revising the country's constitution. It involves changing the
fundamental law of the land to update, modify, or reform the structure and functions
of the government, or to address specific issues and concerns facing the nation.
The process of charter change can be initiated either by Congress or by a
constitutional convention. Congress can propose amendments to the constitution
through a three-fourths vote of all its members, while a constitutional convention is
called by a two-thirds vote of both houses of Congress and requires the election of
delegates to draft the proposed changes.

Philippine Presidents and Their Legacies

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Readings in Philippine History
John Ercel Lozada
Lesson 7 – The Constitution and The Republic

Emilio Aguinaldo (1899-1901) - He was the first president of the Philippines and led
the country during its struggle for independence from Spanish colonial rule. His
contributions include the establishment of a revolutionary government, the
promulgation of the Malolos Constitution, and the declaration of Philippine
independence.
Manuel Quezon (1935-1944) - He was the first president of the Commonwealth of
the Philippines and was instrumental in securing the country's independence from
the United States. His contributions include the establishment of the national
language, the promotion of public education, and the implementation of social and
economic reforms.
Sergio Osmeña (1944-1946) - He was the second president of the Commonwealth
of the Philippines and took over after the death of Manuel Quezon. His contributions
include the rehabilitation of war-torn areas and the promotion of democracy and
human rights.
Manuel Roxas (1946-1948) - He was the first president of the Third Republic of the
Philippines and oversaw the country's transition to independence from the United
States. His contributions include the establishment of the Central Bank of the
Philippines and the implementation of economic policies aimed at promoting
industrialization and foreign investment.
Elpidio Quirino (1948-1953) - He succeeded Manuel Roxas after his death and
implemented a number of social and economic reforms aimed at improving the lives
of the Filipino people. His contributions include the passage of the Agricultural
Tenancy Act, the establishment of the Social Security System, and the promotion of
public health and education.
Ramon Magsaysay (1953-1957) - He was known for his anti-corruption and anti-
communist campaigns and was popularly regarded as the "Champion of the Masses."
His contributions include the establishment of the Philippine Army, the promotion of
land reform, and the improvement of public services and infrastructure.
Carlos P. Garcia (1957-1961) - He was known for his "Filipino First" policy, which
aimed to promote Philippine industry and reduce dependence on foreign imports.
His contributions include the promotion of nationalism and cultural identity, the
implementation of fiscal reforms, and the expansion of Philippine trade and
commerce.
Diosdado Macapagal (1961-1965) - He was known for his land reform and social
justice programs, as well as his efforts to promote Philippine independence and
sovereignty. His contributions include the establishment of the Land Reform Law, the
promotion of Filipino culture and identity, and the expansion of trade and commerce
with other countries.
Ferdinand Marcos (1965-1986) - He declared martial law in 1972 and ruled the
Philippines as a dictator until he was ousted in 1986 by the People Power Revolution.
His contributions include the implementation of infrastructure projects and social

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Readings in Philippine History
John Ercel Lozada
Lesson 7 – The Constitution and The Republic

programs, as well as the establishment of the New Society Movement and the
expansion of Philippine trade and commerce.
Corazon Aquino (1986-1992) - She was the first female president of the Philippines
and was instrumental in restoring democracy and promoting human rights and
social justice. Her contributions include the establishment of the 1987 Constitution,
the implementation of agrarian reform, and the promotion of gender equality and
environmental protection.
Fidel Ramos (1992-1998) - He implemented a number of economic and political
reforms aimed at promoting peace, stability, and development in the Philippines. His
contributions include the establishment of the Philippine National Police, the
implementation of economic liberalization policies, and the promotion of peace and
cooperation with other countries.
Joseph Ejercito Estrada (1998-2001) - Estrada's legacy as President is mixed. He is
credited with launching several social programs to alleviate poverty, such as the
"Philhealth" and "Pantawid Pamilyang Pilipino Program" or 4Ps. However, his
administration was also criticized for being corrupt and incompetent, and for not
doing enough to address poverty and other social issues.
Gloria Macapagal-Arroyo (2001-2010) - She succeeded Joseph Estrada as president
and was known for her economic reforms and infrastructure development programs.
Her contributions include the expansion of the country's business process
outsourcing industry, the implementation of tax reform, and the establishment of the
Conditional Cash Transfer program for the poor.
Benigno Aquino III (2010-2016) - He focused on promoting good governance and
transparency, and was known for his anti-corruption campaigns. His contributions
include the passage of the Reproductive Health Law, the promotion of public-private
partnerships for infrastructure development, and the successful handling of the
aftermath of Typhoon Haiyan.
Rodrigo Duterte (2016-present) - He is known for his controversial policies and
leadership style, including his war on drugs and his strong stance on national
sovereignty. His contributions include the implementation of tax reform, the
promotion of infrastructure development, and the improvement of government
services and bureaucracy.