1987 Cons

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Examine further the reasons why there were amendments to the:

a. Malolos Constitution,
b. 1935
c. 1973
d. Freedom constitutions.
e. And, in the 1987 constitution, cite a provision there that needs to be
changed.

Present your answers in a narrative form.

In the late 19th century, the Philippines was a country under Spanish rule. But the
Filipinos were tired of being ruled by the Spaniards, and they wanted to be free. In
1898, the Filipinos declared their independence from Spain. They also established a
new government called the First Philippine Republic. The First Philippine Republic
needed a constitution. A constitution is a set of rules that tells the government how to
work. It also protects the rights of the people. So, the First Philippine Republic drafted
the Malolos Constitution. The Malolos Constitution was a progressive document for its
time. It established several important democratic principles, such as the separation of
powers, the rule of law, and the protection of individual rights.

However, the Malolos Constitution also had some weaknesses. One of the biggest
weaknesses was that it established a weak executive branch of government. This made
it difficult for the executive branch to be effective. Some Filipinos wanted to amend the
Malolos Constitution to address these weaknesses. They proposed several
amendments, including strengthening the executive branch of government and
addressing the economic and social problems facing the Philippines. However, before
any amendments could be implemented, the Philippine-American War broke out. The
Americans defeated the First Philippine Republic in 1901, and the Philippines was
placed under American rule for the next four decades. While doing a thorough
investigation about the reasons why it failed, an article states that during this period the
Aguinaldo administration was partly to be blamed for the collapse of the Malolos Republic.

So, the Malolos Constitution was never fully implemented. But it is still an important
document in Philippine history. It is a reminder of the Filipinos' struggle for democracy
and independence.
In 1935, a constitution was born in the Philippines. It was a constitution full of promise,
with dreams of democracy and freedom for all. But the constitution was also weak. It
had been drafted in a time of turmoil and uncertainty, and it showed. The constitution
gave too much power to the president and not enough to the other branches of
government. It also made it too easy to amend, which would later prove to be its
undoing. At first, the constitution thrived. It helped the Philippines to transition from
American rule to independence. It also helped to protect the rights of the people during
the difficult years of World War II. After the war, the constitution began to weaken.
Under Marcos's rule, the constitution was silenced.

Finally, in 1986, the Filipino people revolted against Marcos and his dictatorship. They
overthrew Marcos and restored democracy to the Philippines. But the constitution was
too damaged to be saved. It had been weakened and abused.The Filipino people then
drafted a new constitution, one that was stronger and more resilient. The new
constitution was designed to protect the rights of the people and prevent the rise of
another dictator.The story of the 1935 Constitution is a reminder that democracy is a
fragile thing. It is something that must be constantly defended. It is also a reminder that
even the strongest constitutions can fail if they are not protected by the people.

The failure of 1935 made the Philippines to make a new constitution. In a country of Philippines, they
made a new set of rules in 1973 to run things smoothly – a rulebook they called a constitution.
However, things didn't go as smoothly as they hoped. Firstly, the leaders kept changing a lot,
causing a lot of confusion. This made it hard for the rules in the constitution to work properly.
People also couldn't agree on things, with different groups feeling left out and unhappy.

Money matters made things worse. The country had economic troubles, and the
constitution didn't have good answers to fix these problems. So, the leaders of the
country decided they needed to fix their rulebook. They added new parts, like making
the political system stronger and giving everyone a fair says. They also put in rules to
handle money issues better.

Years later, leaders tried to fix things with a set of rules called the "Freedom Constitution" in 1981.
They wanted fairness and balance, but it didn't work out well. Some leaders had too much
power, not everyone felt represented, and economic issues lingered. The "Freedom Constitution"
couldn't solve these problems completely, showing that making a fair and strong government
takes time and more than one try.

Based on the 1987 Constitution of the Philippines, the following provisions may need to
be changed:
 Section 12: This provision on the protection of the life of the unborn from
conception has been controversial and has led to several legal challenges. Some
people believe that the provision should be amended to allow for abortion in
certain cases, such as when the mother's life is in danger or when the pregnancy
is the result of rape or incest. Others believe that the provision should be kept in
place to protect the rights of the unborn.
 Section 21: This provision on agrarian reform has been criticized for being
ineffective and for not doing enough to address the problem of landlessness in
the Philippines. Some people believe that the provision should be amended to
give the government more power to expropriate land from landowners and to
distribute it to landless farmers. Others believe that the provision should be kept
in place, but that it needs to be implemented more effectively.
 Section 26: This provision on the prohibition of political dynasties has been
criticized for being vague and difficult to enforce. Some people believe that the
provision should be amended to provide a clearer definition of what constitutes a
political dynasty and to make it easier to prosecute those who violate the
provision. Others believe that the provision should be kept in place, but that it
needs to be strengthened.

The Philippines has had a long and tumultuous history of constitutionalism. The
country's first constitution, the Malolos Constitution, was drafted in 1898, but it was
never fully implemented due to the Philippine-American War. In 1935, the Philippines
adopted a new constitution, but it was weakened by the authoritarian rule of President
Ferdinand Marcos. After Marcos was overthrown in 1986, the Philippines drafted its
current constitution, which is designed to protect the rights of the people and prevent
the rise of another dictator.

The Malolos Constitution was a progressive document for its time, establishing several
important democratic principles, such as the separation of powers, the rule of law, and
the protection of individual rights. However, it also had some weaknesses, including a
weak executive branch of government.

The 1935 Constitution was also a flawed document. It gave too much power to the
president and not enough to the other branches of government. It also made it too easy
to amend, which would later prove to be its undoing. Under Marcos's rule, the
constitution was silenced and abused.

The 1973 Constitution was another attempt to create a new constitution for the
Philippines. However, it was also flawed and ultimately unsuccessful. The leaders of the
country kept changing, causing a lot of confusion. There was also a lot of disagreement
about how to run the country, and the constitution didn't do a good job of addressing the
economic problems that the Philippines was facing.
In 1981, the leaders of the Philippines tried to fix the 1973 Constitution by creating a
new set of rules called the "Freedom Constitution." However, this attempt was also
unsuccessful. Some leaders had too much power, not everyone felt represented, and
economic issues continued to linger.

Based on the 1987 Constitution of the Philippines, the following provisions may need to
be changed:

1. Section 12: Pertaining to the protection of the unborn, this provision


has sparked controversy. Debates surround whether it should be
amended to allow for certain cases of abortion or preserved to protect
unborn rights.
2. Section 21: Criticized for ineffectiveness, this provision on agrarian
reform might require amendments to empower the government to
address landlessness more assertively.
3. Section 26: Dealing with the prohibition of political dynasties, this
provision faces criticism for vagueness. Discussions revolve around
amending to offer a clearer definition or strengthening enforcement
while preserving its essence.

These considerations reflect the evolving nature of constitutional governance


and the ongoing quest for a system that best serves the interests of the
Filipino people.

The celebration of the centennial of the Malolos Republic is a timely occasion to look back at the
factors that led to its early downfall. Teodoro Agoncillo maintained that some of the reasons that
could explain the early death of the Republic were internal in nature. Among them were the
betrayal of the "haves." Agoncillo used the term "haves" to denote the intellectuals and the
wealthy Filipinos and Spanish mestizos. This is to contrast them from the masses who were
more radical and nationalist. Among the betrayal were the tragic death of Antonio Luna, the lack
of funds and military training of the revolutionaries and the patronage and favoritism that
Aguinaldo displayed on his fellow Caviteños. Agoncillo claimed that all of these taken together
contributed to what he called "the crisis of the Re- public." An examination of the literature and
the surviving docu- ments during this period would lead to the conclusion that the Aguinaldo
administration was partly to be blamed for the collapse of the Malolos Republic. The euphoria at
the height of the revolu- tion was not sustained at the time when political organizations and
functions were being established.
From the defeat of the Spanish armada on 1 May 1898 until the end of the year, Aguinaldo tried
to consolidate the forces of the coun- try. During that time, he tried to be diplomatic and
accommodating towards the various sectors of the society in order to win the sup- port of the
people. There were even instances when he sacrificed some of his political powers in order to
broaden his political influ- ence. He even allowed the ilustrado-dominated congress to have
enormous powers at the expense of the executive. He also replaced the Mabini-led cabinet to
get rid of his radical supporters who were hated by the wealthy and the conservatives. These
decisions of Aguinaldo made it clear that in the midst of the growing dissention

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