Chapter 4 Evolution of the Philippine Constitution and 1897: Constitution of Biak na Bato

Summary

In this video presentation, M Abdul Magid delves into the evolution of the Philippine Constitution, highlighting its significance as the supreme law guiding the nation. The discussion traverses from the 1897 Biak na Bato Constitution, which aimed for Philippine independence from Spain, through the 1935 Commonwealth Constitution that introduced voting rights and a bicameral legislature, to the 1973 Constitution that established a parliamentary system. The 1986 Freedom Constitution is noted for its transitional role, emphasizing people's sovereignty and government accountability. The video also touches on other attempted constitutions and their historical contexts, underscoring the constitution's role in defining government power, reflecting the people's will, and safeguarding rights.

Takeaways

• 📜 A constitution is defined as a set of fundamental principles that govern a state or organization, often referred to as the supreme law of the land.
• 🏛️ The Philippine Constitution, the supreme law of the Republic of the Philippines, has been in effect since 1997 and is celebrated on February 2nd.
• 📚 The 1935 Commonwealth Constitution was the first fully implemented constitution in the Philippines, introducing voting rights for male citizens and later extended to women.
• 🌍 The 1973 Constitution established a parliamentary government with a Prime Minister and a President, marking a shift from previous constitutional structures.
• 🏳️‍🌈 The 1986 Freedom Constitution aimed for a more permanent governance structure, distinguishing itself from previous temporary constitutions.
• 🏛️ The Malolos Constitution, also known as the 1899 Constitution, was the first for the first Philippine Republic and featured a popular representative government.
• 📜 The 1943 Constitution, under Japanese occupation, provided a strong executive power and a unicameral National Assembly, but was not recognized by the US and Philippine governments.
• 🌐 The purpose of the Philippine Constitution is to ground the government in the people's authority, emphasizing reason over emotions and the division of power across different branches.
• 📊 The Constitution outlines the government's organization, limits its power, sets rules for governance, guarantees public rights, and provides mechanisms for government and people's correction.
• 📜 The Biak na Bato Constitution was a provisional constitution during the Philippine Revolution, aimed at separating the Philippines from Spanish rule, but was not fully implemented due to the Treaty of Paris and the rise of American colonization.

Q & A

What is the definition of a constitution according to the video?

A constitution is defined as a set of fundamental principles established according to which a state or other organization is governed. It is a rulebook that guides how a country, state, or organization involving politics operates.

What is the significance of February 2nd in the context of the Philippine Constitution?

February 2nd is significant because it marks the day when the latest constitution of the Philippines was given formal consent in 1997. It is celebrated as Constitution Day in the Philippines.

How does the 1935 Commonwealth Constitution differ from previous attempts at a constitution in the Philippines?

The 1935 Commonwealth Constitution was the first to be fully implemented. It introduced a bicameral legislature, a president elected to a six-year term, and the right to vote for male citizens over 21 who could read and write, which was later extended to women.

What type of government system was introduced by the 1973 Constitution of the Philippines?

The 1973 Constitution introduced a parliamentary government system with a prime minister and a president. It also vested legislative power in a unicameral National Assembly elected by the people.

Why was the 1986 Freedom Constitution established?

The 1986 Freedom Constitution was established to create a more permanent form of government, aiming for a more stable and lasting constitution than the temporary constitutions that preceded it.

What was the Malolos Constitution, and why was it significant?

The Malolos Constitution, also known as the 1899 Constitution, was the first constitution for the first Philippine Republic. It was significant as it was the first in Asia and featured a popular representative government, separation of church and state, and a Bill of Rights.

What led to the creation of the Biak na Bato Constitution in 1897?

The Biak na Bato Constitution was created as a result of the Philippine Revolution against Spanish rule. It was an attempt to establish an independent state with its own government, the Philippine Republic, separate from Spanish control.

How did the Treaty of Paris affect the implementation of the Biak na Bato Constitution?

The Treaty of Paris resulted in the Philippines being sold by Spain to the United States, effectively ending the implementation of the Biak na Bato Constitution. The Filipino revolutionary leaders, including Emilio Aguinaldo, were exiled to Hong Kong, and the constitution was never fully realized.

What was the 1943 Constitution, and why was it short-lived?

The 1943 Constitution was established during the Japanese occupation of the Philippines and was known as the constitution of the Japanese-sponsored Second Republic. It was short-lived because the American forces returned and granted the Philippines independence on July 4, 1946.

What is the purpose of the Philippine Constitution as outlined in the video?

The purpose of the Philippine Constitution is to ground the government in the people's authority, ensure that government actions are guided by reason over emotions, and establish a system where power is shared among different branches and levels of government, requiring cooperation for significant progress.

Outlines

00:00

📜 Introduction to the Philippine Constitution

The speaker, M Abdul Magid, introduces the topic of the Philippine Constitution, explaining that a constitution is a set of fundamental principles that govern a state or organization. He emphasizes the constitution as the supreme law of the land, detailing its role in defining the powers, responsibilities, and rights of the people. The Philippine Constitution has been in effect since 1997, and its establishment is celebrated on February 2nd. The talk then transitions into the historical evolution of the Philippine Constitution, highlighting the 1935 Commonwealth Constitution, which introduced voting rights for male citizens and was later extended to women. The discussion also touches upon the 1973 Constitution, which established a parliamentary government, and the 1986 Freedom Constitution, aimed at creating a more permanent framework for governance.

05:00

🏛️ Historical Constitutions of the Philippines

This section delves into the historical constitutions of the Philippines, noting that while six were published, only three were fully implemented. The Malolos Constitution, also known as the 1899 Constitution, is highlighted as the first for the first Philippine Republic, featuring a popular representative government and separation of church and state. However, its implementation was cut short due to the Philippine-American War. The 1943 Constitution, established during the Japanese occupation, provided strong executive power and a unicameral National Assembly. Despite its features, it was not recognized by the American and Philippine governments and was short-lived, as the US returned and granted Philippine independence in 1946.

10:04

🌟 Relevance and Purpose of the Philippine Constitution

The speaker discusses the relevance and purpose of the Philippine Constitution, emphasizing its role in grounding the government in the people's authority. The constitution is described as a mechanism to ensure reason guides government actions and to distribute power across different branches and levels of government. It is also portrayed as a tool to prevent the misuse of power and to set the rules for governance. Quotes from historical figures like Thomas Jefferson and Abraham Lincoln underscore the importance of education and the people's role in upholding the constitution. The constitution's objectives are outlined, including providing government power, reflecting the people's will, organizing the government, limiting power, guaranteeing rights, and correcting government and people.

15:04

📜 The Biak na Bato Constitution

The final paragraph focuses on the Biak na Bato Constitution, a provisional constitution of the Philippine Republic during the Philippine Revolution. It was promulgated on November 1, 1897, and was influenced by the Cuban constitution. The preamble of the Biak na Bato Constitution is analyzed, revealing its intent to separate the Philippines from Spanish rule and establish an independent state. The context of the constitution is discussed, including the revolutionary government led by Emilio Aguinaldo and the eventual sale of the Philippines to the United States for 20 million dollars. The paragraph concludes by explaining the reasons why the Biak na Bato Constitution was not fully implemented: the shift of colonial power from Spain to the US and the lack of recognition by the US government.

Keywords

💡Constitution

A constitution is defined as a set of fundamental principles and rules according to which a state or other organization is governed. In the context of the video, it is presented as the supreme law of the land, guiding how a country's government operates. The Philippine Constitution, for instance, outlines the powers, responsibilities, and rights of the government and its people, as mentioned in the script when discussing the evolution of the Philippine Constitution.

💡Evolution of the Philippine Constitution

This term refers to the historical development and changes in the Philippine Constitution over time. The video discusses how the constitution has evolved through different periods, including the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. Each iteration reflects the political and social changes of its era, showing how the constitution adapts to the needs of the nation.

💡Biakan na Bato

Biakan na Bato refers to a historical event and a provisional constitution of the Philippine Republic during the Philippine Revolution against Spain. The video mentions the Biakan na Bato as a significant step towards Philippine independence, although it was not fully implemented due to the Treaty of Paris and the subsequent colonization by the United States.

💡Supreme Law of the Land

The term 'supreme law of the land' is used in the video to emphasize the ultimate authority and precedence of the constitution within a country's legal system. It underscores that all other laws must be consistent with the constitution, and any violation of its principles can result in legal consequences, as highlighted when discussing the importance of the Philippine Constitution.

💡Separation of Powers

The concept of separation of powers is a key element in many democratic constitutions, including the Philippine Constitution. It refers to the division of government responsibilities into distinct branches to prevent any one branch from gaining too much power. The video explains how the constitution divides power across different branches and levels of government, requiring cooperation for significant progress.

💡Malolos Constitution

The Malolos Constitution, also known as the 1899 Constitution, was the first constitution of the First Philippine Republic. The video describes it as a significant document that established a popular representative government and separation of church and state. It was a product of the Philippine Revolution and aimed to provide a framework for governance independent of colonial rule.

💡Kapisan ng Paglilingkod ng Bagong Pilipinas

This term refers to a collaborationist organization during the Japanese occupation of the Philippines in World War II, which led to the creation of the 1943 Constitution. The video discusses how this constitution was short-lived and only recognized in Japanese-controlled areas, reflecting the complex legal and political situation during the war.

💡Independence

Independence in the context of the video refers to the Philippines' struggle to free itself from colonial rule, first from Spain and then from the United States. The concept is central to understanding the motivations behind the creation of various constitutions, such as the Malolos Constitution and the Biakan na Bato, which aimed to establish a sovereign state.

💡Relevance of the Constitution

The video discusses the relevance of the constitution to the people, emphasizing its purpose to ground the government in the people's authority and to ensure that power remains with the people. It highlights the constitution's role in setting the rules for governance, guaranteeing rights, and correcting government and people when necessary.

💡Accountability

Accountability is a recurring theme in the video, particularly in relation to the people's role in upholding the constitution. It is mentioned in the context of holding leaders who misuse power accountable, reflecting the idea that the constitution is a living document that requires active participation and vigilance from the citizens to function effectively.

Highlights

A constitution is defined as a set of fundamental principles according to which a state or organization is governed.

The Philippine Constitution is considered the supreme law of the land and has been in effect since 1997.

The 1935 Commonwealth Constitution was the first fully implemented constitution in the Philippines.

The 1935 Constitution introduced the right to vote for male citizens and later extended this right to women.

The 1973 Constitution established a parliamentary government with a Prime Minister and a President.

The 1986 Freedom Constitution aimed for a more permanent constitution following a transitional government period.

The Malolos Constitution, also known as the 1899 Constitution, was the first for the first Philippine Republic and the first in Asia.

The Malolos Constitution featured a popular representative government and separation of church and state.

The 1943 Constitution, under Japanese occupation, provided a strong executive power and a unicameral National Assembly.

The Philippine Constitution's purpose is to ground the government in the people's authority and emphasize reason over emotions.

The Constitution of the Philippines ensures that power is shared among different branches and levels of government.

Thomas Jefferson emphasized that education is key for people to make better decisions in a constitutional system.

Abraham Lincoln highlighted the people's ultimate authority over the constitution and the courts.

Robert Kennedy stated that the justice and power of the law are upheld by the people in society.

The Constitution of the Philippines gives the government power and authority, reflects the people's will, and organizes the government.

The Bak na Bato Constitution was a provisional constitution during the Philippine Revolution against Spanish rule.

The Biak na Bato Constitution was not fully implemented due to the Treaty of Paris and the subsequent American colonization.

Transcripts

assalam Alaikum warahmatullahi wakat

everyone my name is M Abdul magid and

for this video presentation We will talk

about or discuss about the evolution of

the Philippine Constitution

and 1897 constitution of the Bak na to

so let us start with the Philippine

Constitution the Philippine Constitution

um let's First talk about what What is a

constitution so A constitution is

defined as a set of fundamental

principles and it is established

according to which a

state or other organization is governed

so um basically ang constitution is we

can Look at it as a set of rules that

guides how a country Uh state or other

organizations that involves politics so

ang constitution ay isang rulebook ng

government na sinusunod ng gobyerno

so sa lahat na nakasulat sa rulebook na

ito ay sinusunod siya ng um government

and this rule book also contains the

power the responsibilities and the

rights of the people So um it is very

illegal na i-vi olate ito ng government

or else they'll be they'll be punish by

the law So basically the word

constitution itself is often called as

the The supreme law of the land and it

is the highest law in the country so the

word the word means to be a part of a h

with the same principle and ideals so

the constitution of the Philippines The

supreme law of the Philippines The

supreme law of the Republic of the

Philippines has been in effect since um

since 1997 and um a little fun fact that

on every second of the February we

celebrate our constitution since the

latest constitution of the Philippines

was given formal consent on February 2

1997 so now let we know what the

constitution is Let's move on to the

evolution of the constitution of the

philippines so it is stated here that

the there were other constitution that

were attempted um back in the philippine

history and They were on But there were

only three constitution that were fully

Ed and these are the 1935 Commonwealth

constitution So this constitution

consists of a bike camera legislature

composed of a Senate and a house

representative um the President also was

elected to a fth year term together with

the vice president without the need to

be reelected

um It also introduced the right to vote

by male citizens of the Philippines at

the age of 21 or over 21

and was able to write and read but and

luckily um This law was extended to

women as well so the

1935 Commonwealth constitution was not

the first constitution but it was the

first to be fully implemented but but

the only problem here was

the during the World War I um the

Japanese or the World War I World War II

broke out and the Japanese invaded the

Philippines causing the constitution to

be interrupted the next constitution

which is the 1973 constitution So this

constitution was established for the

first time in the philippine history um

it it consists of a parliamentary

government with prime minister and a

President so a parliamentary government

means a type of a government where the

head of the government is elected by

people and is responsible to the

legislative power so It also introduced

the legislative power and was vested in

a unak Cameral National assembly by

elected by people um this means that

there is only one house in legislative

and this National assembly has

legislative powers means it can make

laws

and legalize all decrease proclamation

and orders of the President so the last

constitution which is the 1986 Freedom

constitution the freedom constitution

was established a in a more transitional

government and it aims for a more

permanent constitution than temporary

constitutions like the past

constitutions so let's talk about the

other constitution that were attempted

um during the Philippine

History back in the day there were six

constitution that were published in

Philippine History but among the six

constitution there were only three

constitution that were um that were

successfully implemented or successfully

governed the country So um but now let's

talk about the other constitution that

were established in order to break free

from colonial yol so let's start with

the Malolos constitution So this

constitution um stated the terror

brought by the Spain

and that it is stated in our Philippine

History that we were colonized for over

333 years and most of the Filipino

thought it was hopeless but not until

the Filipino Filipino span and the

Spanish agreement came So this agreement

was called the Biak na the pct of the

biyak na

bato it was created by by Emilio

aginaldo and his group the Spanish

government agreed to self rule in

Philippines in just three years if

Aguinaldo would go to exile and

Surrender his armies so Aguinaldo

eventually agreed to this um idea and

was exiled on in Hong Kong but the

Spaniards and Filipino didn't trust each

other so they have trust issues and the

Spaniards did not pay the Uh did not pay

the agreed amount like um but and

Likewise the Filipino didn't Surrender

their armies either So this forces

Aguinaldo to declare the Philippine

Independence on June 12 1898 but the us

and Spain secret agreement came um

called the treaty of the Paris

and and the US wanted the Philippines

for a colony as so the Spain sold the

Philippines to the US and the Filipinos

and the revolutionary was not happy

being colonized by another colonizer and

this forces again Aguinaldo to form the

Malolos Congress which was the committee

Who was assigned to make the

constitution for the first Philippine

Republic So three days after the first

republic was established the Malolos

constitution was also called the 1899

constitution as as it was the first

constitution for the first republic

constitution in

asia the features of this called 1899

constitution was a popular

representative government and second it

has a unak religious treasure called the

assembly and this means that the

assembly had the complete control over

the executive power and the President

was elected by the assembly and thirdly

it there was already a separation of the

church and the

and and the state so forth There Was Uh

there was only already a Bill Bill of

Rights and it already had a compulsary

Education now the only problem of this

constitution what was it was not fully

implemented due to the eruption of

Philippine to the US war now let's talk

about the next constitution and this

happened during the World War I broke

out and the Japanese invaded the

Philippines um and even after the

Americans surrendered the Japanese

republic was eventually established and

a new constitution was ratified in 1934

by the fipino Filipino collaborations um

called the kapisan ng paglilingkod ng

bagong pilip penas and this was now

called the 1943 constitution or the

constitution of the Japanese sponsored

and sponsored in second republic of the

Philippines the features of 1943

constitution is that the this

constitution provided a strong executive

power and second the legislature was a

un Cameral National assembly and only

the anti-us can Run for elec

now there was also a problem with this

constitution it was recognized as a

legit

legitimate only in the Japanese Japanese

controlled areas of the Philippines and

was completely ignored by the american

government and the Philippine government

and this 1943 constitution was just a

short lived constitution because the

Americans came back to us and gave as

our Independence Day on July 4

1946 So that's that's the constitution

that were attempted during during the

Philippine History And now let's talk

about the relevance of the constitution

the relevance of the constitution to the

people so let's start with the purpose

So it is stated here that the Philippine

Constitution um purpose is to ground the

government in the people's authority um

it is our reason alone rights by James

Madison and That must be placed in

control the government and Our passions

must be controlled by it um under the

constitution It takes me to do big

things we must Think before we act and

the constitution divides power across

the land and between levels branches of

government and the people and the parts

of the government must cooperate if

anything is to be done So this um this

the

purpose so that the purpose of the

Philippine Constitution explains that

the Philippine Constitution ensures that

the government is based on the authority

of the people and it emphasizes The

Reason not emotions so um that it should

guide the government

and the government's action and the

constitution also sets up a system where

power is shared among different branches

and levels of the government um this

Divisions this division requires the

cooperation between the people and the

government for any significant progress

or action to happen So it essentially it

encourage careful thinking and

collaboration to achieve big goals as a

one so Thomas Jefferson is stating here

that the power in society should always

remain with the people and if the people

are not knowledgeable enough to use that

power wisely the solution is not to take

away the power but instead they should

be educated that so that they can make a

better decisions so for Thomas Jefferson

the education is key in order to prevent

the misuse of of the power in a

constitutional

system so Abraham is stating that the

people have the ultimate authority over

constitution and the in the courts so

our role our role as a people is not to

destroy the constitution but to hold

accountable to those who misuse or

corrupt it so if the leaders abuses

their power it is our responsibility as

a people to remove them so not to and

not to get rid the constitution itself

but to make the constitution the inside

of the constitution be a better place

this Quote by Robert Kennedy um stating

that the justice and the power of the

law don't come from the don't solly come

from the constitution and the or

courts So this Quote by R Ah so this

cote by R robt Kennedy um stating that

the justice and the power of the law is

doesn't come from the constitution um

courts and The Other legal officials

instead they are upheld by the people in

society by the people in society it

means us as a people so the people both

protect the law by following it and

benefit from its protection So In other

words the strength of justice

depends on everyone working together to

respect and uphold the law or the

constitution itself objective of the

constitution is it number one It gives

the government power and authority

number two it reflects the people's will

and decisions so number three if

outlines how the government is organized

number four It also limits the

government's power to prevent um the law

abuse or the use of the constitutional

so number five it it sets the rules for

how the country is governed and number

six it guarantees certain rights to the

public that can be

enforced so number seven the last number

it corrects the government and the

people Now let's proceed to the to the

constitution of the Bak na bato so the

constitution of the Bak na bato Was A

provisionally constitution of the

philippin republic um it was during the

Philippine Revolution and that we have

to understand that This this was done

towards the end of the Spanish um

Spanish and Philippine

Revolution So it was promulgated by the

Philippine revolutionary government on

November 1 1897 so the constitution was

actually borrowed from Cuba and was

written by Isabelo art and Felix per and

it was written Spanish but Later on it

was translated into Tagalog now to

further understand the context and

concept of the unto the of this Biak

nabato Let us Look Into the preamble of

of the constitution of the Biak nabato

now the preamble of this constitution of

or the constitution of Bak nabato from

the primary primary source it stated

here that the separation of the

Philippine um from the Spanish monarchy

and the formation into dependent state

with its own government called the

Philippine Republic and has been sought

by the Revolution in next war it Began

on 24 24th of august 1896 and therefore

in It's Name by the power delegated by

the Filipino people interpreting

Faithfully their desires and Ambition We

the representatives of the Revolution in

a meeting at at the biyak na bato

was on November 1 um 1897 um adopted by

the following articles for the

constitution of the spate Uh of the

state so Upon analyzing The preamble of

the Bak na bato um ay malalaman natin

that this constitution was created to

separate the Philippines from The Hands

of the Spaniards So this definitely

speaks an independent state or a state

that is free from The Hands of The

colonizers since especially the

Spaniards since during that time we were

colonized by the Spaniards so definitely

the context and the perspective

perspective of this particular

constitution was actually based on the

revolutionary government created and

started by Andres Bonifacio Who founded

the Katipunan however this time or era

was the time of Emilio Aguinaldo and not

Andres Bonifacio and so malalaman natin

that this perspective of of constitution

is coming from the group of Aguinaldo

ngunit malalaman din natin at sa

kasamahang palad it was not fully

implemented since um In Reality because

the biyak na bato was signed between the

Spanish government and the Philippine

revolutionary army it represents by

Emilio aginaldo however all of this

happened during the Treaty of Paris of

um after the Spaniards signed the biyak

na bato the Philippines was Actually

sold by the Spaniards to the Americans

with the amount of 20 million US dollars

so the Philippines were handed over To

The Hands of the Americans so we never

really had our independent state even

after signing the truce also the b na

bato constitution the Filipino

revolutionary leaders especially the

group of Aguinaldo who led the

Revolution government accepted during

that time they accepted the payment from

the and they went to exile in Hong Kong

um Emilio aginaldo and his group were

exiled in Hong Kong because in 1987 It

was a part of the fact of biyak na b to

that an agreement with the Spanish

government and the Philippine Revolution

that to end the revol the Philippine

revolutionary temporally so Upon The

defeat of the Spanish to the Americans

in the battle of Manila Bay on May 1

1898 the us the us navy transported

Emilio aginaldo back into the

philippines so there were two reasons

why the Biak nabato was never fully

implemented so the Biak nabato was not

fully implemented because

the It ended up into a Hands of The

Spain into Into The Hands of Another

colonizers which are the um Americans

and second the US government really

never recognized the

nati That's all Thank you