Historical Background of the 1987 Constitution
THE BACKGROUND OF THE PRESENT CONSTITUTION
Historical Background of the 1987 Constitution
The history of the 1987 Constitution began on 11 April 1899, the date when the Treaty of Paris between the United and Spain of 10 December 1898 became effective upon the exchange of instruments of ratification of both countries. But the sources of the 1987 Constitution are (i) McKinley 's Instructions to the Second Philippine Commission; (ii) Spooner Amendment; (iii) Philippine Bill of 1902; (iv) Jones Law of 1916, otherwise known as the Philippine Autonomy Act; (v) 1935 Constitution; (vi) 1973 Constitution and (vi) Freedom Constitution of 1986 and its implementing orders.
Treaty of Paris
Under the Treaty of Paris, the Philippines was ceded by Spain to the United States. Spain relinquished its sovereignty over the Philippine Islands, and with this, all laws of a political nature were automatically abrogated.
The Treaty provided that the civil and political status of all inhabitants of the islands was to be determined by the US Congress.
The Philippines in turn, was not given the status of an "incorporated territory" (as to make it a candidate for statehood) and so ex proprio vigore, the US Constitution did not apply to the Philippines unless the US Congress expressly enacted its provisions.
McKinley 's Instructions
President McKinley, legislating as Commander-in-Chief, issued on 7 April 1900 his "Letter of Instruction to the Second Philippine Commission " under Taft. It set up a "divided civil and military government" with the existing Military governor as the Executive, and a Philippine Commission, created on 1 September 1900, as the Legislative, both representing the US President as Commander-in-Chief.
It also extended to the Philippines all the rights in the Bill of Rights of the US Federal Constitution, except the right to bear arms (because the country was in rebellion) and the right to a trial by jury (because the Americans
Historical Background of the 1987 Constitution
The history of the 1987 Constitution began on 11 April 1899, the date when the Treaty of Paris between the United and Spain of 10 December 1898 became effective upon the exchange of instruments of ratification of both countries. But the sources of the 1987 Constitution are (i) McKinley 's Instructions to the Second Philippine Commission; (ii) Spooner Amendment; (iii) Philippine Bill of 1902; (iv) Jones Law of 1916, otherwise known as the Philippine Autonomy Act; (v) 1935 Constitution; (vi) 1973 Constitution and (vi) Freedom Constitution of 1986 and its implementing orders.
Treaty of Paris
Under the Treaty of Paris, the Philippines was ceded by Spain to the United States. Spain relinquished its sovereignty over the Philippine Islands, and with this, all laws of a political nature were automatically abrogated.
The Treaty provided that the civil and political status of all inhabitants of the islands was to be determined by the US Congress.
The Philippines in turn, was not given the status of an "incorporated territory" (as to make it a candidate for statehood) and so ex proprio vigore, the US Constitution did not apply to the Philippines unless the US Congress expressly enacted its provisions.
McKinley 's Instructions
President McKinley, legislating as Commander-in-Chief, issued on 7 April 1900 his "Letter of Instruction to the Second Philippine Commission " under Taft. It set up a "divided civil and military government" with the existing Military governor as the Executive, and a Philippine Commission, created on 1 September 1900, as the Legislative, both representing the US President as Commander-in-Chief.
It also extended to the Philippines all the rights in the Bill of Rights of the US Federal Constitution, except the right to bear arms (because the country was in rebellion) and the right to a trial by jury (because the Americans