1973-1987

• The former president Ferdinand E. Marcos

officially declared the 1973 Philippine
Constitution in full force and effective after
signing Proclamation No. 1102 on January
17, 1973.
• Martial law was declared.
• Presidential-Parliamentary form of
government.
• Abolish the Philippine congress and change
it into Batasan Pambansa/National
Assembly.
• The president would serve a six-year term
and could be re-elected to an unlimited
number of terms.
Parliamentary style of government, unicameral assembly
• President Corazon Aquino created a Freedom
constitution Proclamation No. 3, s.1986 and
issued Proclamation No.9 which created the
Constitutional Commission tasked to draft a
new constitution.
• Approved on February 2, 1987 through a
plebiscite and it was proclaimed in force on
February 11, 1987.
• The reinstatement of democracy, maintaining
the reliable system of checks and balances
among three branches of the government.
• Empowered the voice through strengthening
the freedom of speech and expression.

Post Martial Law and the Present Constitution in the Philippines

The President has 6 years, 1 term in office
• During the Philippine Revolution, the biak na bato
constitution served as the provisional
constitution of the Philippines.
• Emilio Aguinaldo built his headquarters at Biak na
Bato, San Miguel de Mayumo, Province of Bulacan.
• Aguinaldo founded the Biak-na-Bato Republic in
July 1897, issuing a proclamation that stated the
following demands:
• Expulsion of the friars and the return of the friar
lands to the Filipinos
• Representation of the Philippines in the Spanish
Cortes
• Freedom of the press and of religion
• Abolition of the government’s power to banish
Filipinos
• Equality for all before the law.
• On November 1, 1897 The Biak-na-Bato Constitution
provided for the establishment of a Supreme council
that would serve as the highest governing body of the
Republic.
• Emilio Aguinaldo and Mariano Trias were elected
Supreme Council president and vice president.
• Felix Ferrer and Isabelo Artacho wrote a charter that was
based on the Cuban Constitution.
• Pedro Paterno, a Spaniard born in the Philippines
volunteered to act as negotiator between Aguinaldo and
Gov. Primo de Rivera in order to end the clashes.
• Aguinaldo and the Spanish army signed an agreement
that if Aguinaldo went into exile and surrendered his
armaments, the Spanish government would grant the
Philippines (1) self-rule in three years. (2)Aguinaldo
would get P800,000 (Mexican Pesos) in compensation for
the revolutionaries as well as amnesty in exchange.
• Filipinos and Spaniards did not trust each other, the
Biak-na-Bato Pact failed.
• The separation of the Philippines from the Spanish
monarchy and their formation into an independent state
with its own government called the Philippine Republic
has been the end sought by the Revolution in the existing
war, begun on the 24th of August, 1896; and therefore,
in its name and by the power delegated by the Filipino
people, interpreting faithfully their desires and
ambitions, we, the representatives of the Revolution, in a
meeting at Biak-na-bato, Nov. 1st. 1897, unanimously
adopted the following articles for the Constitution of the
State.
• The Political Constitution of 1899.
• Basic law of the first Philippine Republic;
first republican constitution among Asian
Countries.
• It was drated by the committee headed by
Felipe Calderon, Cayetano Arellano.
• The framework of the constitution was based
on constitutions of Mexico, Guetamela, costa
Rica, Brazil, Belgium, and France.
• Malolos, a city of the province of Bulacan;
was the capital of the Filipino revolutionary
government.
• It was the fruit of the proclamation of the
Philippine independence in Kawit, Cavite on
June 12, 1898.
• We, the Representatives of the Filipino people,
lawfully convened, in order to establish justice,
provide for common defense, promote the general
welfare, and insure the benefits of liberty,
imploring the aid of the Sovereign Legislator of the
Universe for the attainment of these ends, have
voted, decreed, and sanctioned.
• The Commonwealth of the Philippines was the
administrative body that governed the
Philippines from 1935 to 1946, aside from a
period of exile in the Second World War from
1942 to 1945 when Japan occupied the
country.
• The Commonwealth was the culmination of
efforts to secure a definitive timetable for the
withdrawal of American sovereignty over the
Philippines.
• The Commonwealth Constitution of the
Philippines provided for a presidential system
of government with a unicameral legislature. It
had the power to enact laws for the Philippines,
known as Commonwealth Acts, through the
National Assembly.
• When both the Senate and the House pass a measure in the
same form, it is sent to the president for signature. The bill
becomes law if the president signs it. Acts of Congress are
another name for laws. Another word that is used
interchangeably with law is statute.
• When the president signs a law, it is assigned a number that
corresponds to the order in which it was signed. P.L.107-101
is a citation to a public legislation, with 107 denoting that it
was passed during the 107th Congress and 101 denoting its
number designation. A private law is defined similarly to a
public law, except the word "private law" is used instead of
"public law."
• Public and private laws are printed as slip laws–which are
single sheets or pamphlets containing the text of the law.
• What does the Congress do?
• Make laws
• Declare war
• Raise and provide public money and oversee its proper
expenditure
• Impeach and try federal officers
• Approve presidential appointments
• Approve treaties negotiated by the executive branch
• Oversight and investigations
• We the Filipino people ordain and promulgate this
constitution, asking Divine Providence's help to
establish a government that will embody their
ideals.
• Preserve and develop the nation's patrimony,
promote the general welfare, and secure the
blessings of independence under a régime of justice
liberty, and democracy for themselves and their
descendants
• The 1973 constitution consists of a preamble and 17 articles that provides
for the shift from presidential to parliamentary system of government.
• The presidential decree no.73 was issued by president Marcos to ratify or
reject the proposed constitution in November 1973. However this was
postponed due to the fact that president Marcos feared that the people
might go against the constitution therefore he held a citizen assembly.
January 1973 president Marcos proclaimed that the constitution was
ratified.
• The 1973 constitution was a way for the president to abolish the senate and
act as an authoritarian presidential system with all power concentrated in
him and backed by the constitution.
• The head of government and commander-in-chief of the Philippine Armed
Forces is elected by the members of the National Assembly as the Prime
Minister. The President is elected from the National Assembly's members
and acts as the country's symbolic head of state for six years.
• "We, the sovereign Filipino people, imploring the aid
of Divine Providence, in order to establish a
Government that shall embody our ideals, promote
the general welfare, conserve and develop the
patrimony of our Nation, and secure to ourselves
and our posterity the blessings of democracy under
a regime of justice, peace, liberty, and equality, do
ordain and promulgate this Constitution."
CONSTITUTION AFTER MARTIAL LAW

• The new constitution was proclamed ratified and took

effect on February 11, 1987.
• establishes the Philippnes as a "democratic and
republican State", where 'sovereignty resides in the
people and all government authority emanates from
them."
• Corazon Aquino issued Proclaimation no. 3.
• The 1987 Constitution established a representative
democracy with power divided among three separate
and independent branches of government: the
Executive, a bicameral Legislature, and the Judiciary.
There were three independent constitutional
commissions as well: the Commission on Audit, the Civil
Service Commission, and the Commission on Elections.
Integrated into the Constitution was a full Bill of
Rights, which guaranteed fundamental civil and and
political rights, and it provided for free, fair, and
periodic elections.
• The President and Vice President are members of
the Executive branch, and they are chosen by direct
public vote for a six-year tenure. The President has
the power to nominate his Cabinet, according to the
Constitution. These agencies make up a significant
component of the country's bureaucracy.
• The President, Vice President, Cabinet, executive
departments, independent agencies, boards,
commissions, and committees are all part of this
structure.
• Through the power vested in the Philippine
Congress, the Legislative branch is permitted to
enact, amend, and abolish laws. The Senate and the
House of Representatives are the two branches of
this government.
• The Legislative Branch is in charge of enacting laws,
confirming or rejecting Presidential nominations, and
declaring war.
• The House of Representative.
• The Judicial branch holds the power to settle
controversies involving rights that are legally
demandable and enforceable. This branch
determines whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part and instrumentality of the
government. It is made up of a Supreme Court and
lower courts.
• The judicial branch interprets the meaning of laws,
applies laws to individual cases, and decides if laws
violate the Constitution. The judicial power shall be
vested in one Supreme Court and in such lower
courts as may be established by law.
• Constitutional reform in the Philippines, also known as
charter change, refers to the political and legal processes
needed to amend the current 1987 Constitution of the
Philippines. Under the common interpretation of the
Constitution, amendments can be proposed by one of
three methods: a People's Initiative, a Constituent
Assembly or a Constitutional Convention.
• A fourth method, by both houses passing a joint
concurrent resolution with a supermajority of at least
75%.
• Article XVII of the Constitution of the Philippines (1987)
• The first attempt to amend the 1987 Constitution was under President
Fidel Ramos. Among the proposed changes included a shift to a
parliamentary system and lifting of term limits. On September 21, 1997,
a church-organized rally brought in an estimated half a million people to
Rizal Park.
• People's Initiative for Reform, Modernization and Action (PIRMA) sought
to amend the Constitution through a signature campaign or People's
Initiative. In 1997, the Supreme Court narrowly dismissed a petition filed
by PIRMA seeking changes to the 1987 constitution. Had the petition
been successful, a national plebiscite would have been held for
proposed changes.
• A similar attempt to amend the 1987 constitution was made under
President Joseph Estrada. CONCORD, or Constitutional Correction for
Development, is the name of the process. Unlike Ramos and Arroyo's
Constitutional Reform, the CONCORD proposal, according to its
proponents, would simply change the constitution's restrictive
economic sections, which are thought to obstruct the admission of
more international capital into the Philippines.
• Opposition politicians, religious sects, and left-wing organizations
raised objections based on a variety of factors, including national
patrimony and the proposed constitutional changes being self-serving.
The government was once again accused of promoting constitutional
revision for its own benefit.
• A system of government under which significant
government powers are shared between the National
and Regional/State Governments.
• Federalism divides the country into several autonomous
states with a national government.
• The states are further divided into local government
units.
• The Federal System in the Philippines has 4 principles;
Power Sharing, Resource Sharing, Respect for all, and
Development for all (PRRD).
https://iracing.fandom.com/wiki/Republic_of_Biak-na-Bato

https://www.youtube.com/watch?v=eqVyI_8G22k&t=517s

https://www.philippine-history.org/biak-na-bato.htm

https://slideplayer.com/slide/17984344/

https://thecorpusjuris.com/constitutions/1897-constitution.php

https://www.officialgazette.gov.ph/constitutions/constitution-day/

https://en.wikipilipinas.org/view/Malolos_Constitution

https://www.lawphil.net/consti/consmalo.html

https://www.senate.gov/pagelayout/legislative/one_item_and_teasers/Laws_and_Acts_page .htm

https://www.visitthecapitol.gov/about-congress/what-congress-does

https://www.foreignaffairs.com/articles/philippines/1935-07-01/new-constitution-philippine-commonwealth?amp

https://www.slideshare.net/sameng/constitution-of-the-philippines-1973-presentation

https://www.scribd.com/presentation/426387913/1973-Constitutional-Authoritarianism

https://lawphil.net/consti/cons1973.html

https://www.gov.ph/about-the-government.html

https://en.m.wikipedia.org/wiki/Constitutional_reform_in_the_Philippines