Constitution Day commemoration and the National Reform Association

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ODAY, February 2, is the official “Constitution Day.” On this day, the national plebiscite was held to ratify the 1987 Constitution. In 1988, then President Corazon C. Aquino issued Proclamation 211 which moved the commemoration of Constitution Day from January 17 to February 2 of every year.

The Philippines has had a total of six constitutions since the proclamation of independence on June 12, 1898. In 1899, the Malolos Constitution — the first Philippine constitution and the first republican constitution in Asia — was drafted and adopted by the First Philippine Republic, which lasted from 1899 to 1901.

During the American Occupation before the 1935 Constitution, it was the US Constitution that ultimately served as our own. However, organic acts or laws were passed by the United States Congress for the administration of the government of the Philippine Islands. The first was the Philippine Organic Act of 1902, which provided for a Philippine Assembly composed of Filipino citizens. The second was the Philippine Autonomy Act of 1916, which included the first pledge of Philippine independence. These laws served as the functioning constitution of the Philippines from 1902 to 1935. In 1934, the United States Congress passed the Philippine Independence Act, which set the parameters for the creation of a constitution for the Philippines. The act mandated the Philippine legislature to call for an election of delegates to a constitutional convention to draft a constitution for the Philippines. The 1934 Constitutional Convention finished its work on Feb. 8, 1935. The Constitution was submitted to the president of the United States for certification on March 25, 1935. It was in accordance with the Philippine Independence Act of 1934. The 1935 Constitution was ratified by the Filipino people through a national plebiscite on May 14, 1935, and came into full force and effect on Nov. 15, 1935, with the inauguration of the Commonwealth of the Philippines. Among its provisions was that it would remain the constitution of the Republic of the Philippines once independence was granted on July 4, 1946.

In 1940, the 1935 Constitution was amended by the National Assembly of the Philippines. The legislature was changed from a unicameral assembly to a bicameral congress. The amendment also changed the term of office of the President of the Philippines from six years with no reelection to four years with the possibility of reelection to a second term.

During World War 2 the Japanese-sponsored government nullified the 1935 Constitution and appointed a preparatory committee on Philippine independence to replace it. The 1943 Constitution was used by the Second Republic with then President Jose P. Laurel.

Upon the liberation of the Philippines in 1945, the 1935 Constitution came back into effect. The Constitution remained unaltered until 1947 when the Philippine Congress called for its amendment through Commonwealth Act 733. On March 11, 1947, the parity amendment gave United States citizens equal rights with Filipino citizens to develop natural resources in the country and operate public utilities. The Constitution, thereafter, remained the same until the declaration of martial law on Sept. 23, 1972.

Before President Ferdinand E. Marcos declared martial law, a constitutional convention was already in the process of deliberating on amendments or revisions to the 1935 Constitution. They finished their work and submitted it to President Marcos on Dec.1, 1972. He submitted it for ratification in early January of 1973. Marcos also issued Presidential Decree 86, s. 1972, creating citizens assemblies to ratify the newly drafted constitution by means of a viva voce vote in place of secret ballots. Marcos announced that the constitution had been ratified and in full force and effect on Jan. 17, 1973.

In 1986, then President Aquino issued Proclamation 3, suspending certain provisions of the 1973 Constitution and promulgating in its stead a transitory constitution. A month later, President Aquino issued Proclamation 9, s. 1986, which created a Constitutional Commission tasked with writing a new charter to replace the 1973 Constitution. The commission finished its work at 12:28 a.m. of Oct. 16, 1986. A national plebiscite was held on Feb. 2, 1987, to ratify the new constitution. On Feb. 11, 1987, by virtue of Proclamation 58, President Aquino announced the official canvassing of results and the ratification of the draft constitution. The 1987 Constitution finally came into full force and effect that same day with the president, other civilian officials and members of the Armed Forces swearing allegiance to the new charter.

Although our current constitution is difficult to amend, history shows that our constitution has undergone several amendments, more specifically the 1935 Constitution. In the United States, they’ve only had one constitution from the very start but with several amendments. There were unsuccessful attempts also by nationloving citizens in the US which almost added to the amendments to their constitution. One very interesting group was a group of reformers which aimed at having God acknowledge and introduce a Christian amendment to the US Constitution to make the United States a Christian state. This group called the National Reform Association (NRA) was formed in 1864 by representatives from 11 Christian churches in the US. These nationalists are deeply religious Christian people from different sectors of society who have advocated for the restoration of spiritual values that would manifest in practical societal gains as well as peace and prosperity.

Although the many ideas in the Philippine Constitution were beautifully done, I do believe that there are still a lot of improvements that could be introduced to it, especially with the changes and development in Philippine society. Following the mindset, logic, and example of the NRA, freedom-loving and God-loving Filipinos should likewise be prepared to articulate in the public sphere the amendments that they seek to introduce in case constitutional change would once again take center stage.

As I have discussed in previous articles, many of our legal and governmental concepts — such as the rule of law, limited government, property rights, inalienable rights, natural law, institutional separation of Church and State, and federalism or covenant, to highlight a few — have been culled from the Christian and biblical worldview. There are still more biblical principles that we can make use of in crafting our Constitution, laws and policies today.

Portions of the preamble of our current Constitution rightfully expressed that, “We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.” Even in our present disposition, the framers of the latest Constitution acknowledged God to the source and enabler for “a just and humane society” and “a regime of truth, justice, freedom, love, equality, and peace,” thus affirming the unction and authority of God’s Word and principles.

Happy Constitution Day, everyone.