SALIENT FEATURES

OF THE 1935,
1973 AND 1987
PHILIPPINE
CONSTITUTIONS

Group 1:
Bangsara, Ulyssis
Calsiyao, Ghisleen
Falisong Norman
Padcayan, Mark
Quimson, Ellaine
Vallejo, Mars
INTRODUCTION

Constitution based on the latin word Constitutio which means established, fixed, or settled.
It is the body of rules and principles in accordance with which the powers of sovereignty is regularly
exercised.
Supreme law
It is binding to all individual citizens and all organs of the government.
It is the law to all the laws must conform.
It is the Charter creating the government.
Establishes the basic framework and underlying principles of government
Prescribes the permanent framework of the system of government, and assigns to the different
department or branches, their respective power and duties.
THE 1935 CONSTITUTION

Established the Commonwealth Government

Pursuant to an act of the United States Congress on March 23, 1934, commonly known as the Tydings-McDuffie
Law, the Commonwealth Government was established.
Among other things, the law provided for a transition period of ten years during which the Philippine
Commonwealth would operate and at the expiration of said period on July 4, 1946, the independence of
the Philippines would be proclaimed and established.
The new government was inaugurated on November 15, 1935, following the first national election under the
1935 Constitution held on September 12, 1935, with Manuel L. Quezon and Sergio Osmea, as President
and Vice- President, respectively.
The Commonwealth Government of the Philippines was republican in form under the presidential type.
Legislative power
It was first vested in a unicameral National Assembly and later in a bicameral Congress composed
of the Senate and the House of Representatives.
Judicial power
It was vested in the Supreme Court and lower courts provided by law.
The Commonwealth Government was very autonomous.
The Filipinos had almost complete control over the domestic affairs, the United States retaining control
only over matters involving foreign affairs.

Provided a Democratic and Republican Government

Democracy refers to the system of masses, a political system dominated by citizens of the country. Under this
system, the general public possess a certain degree of power and authority and takes part in the decision making
process of the state.
Republic refers to the state wherein the ultimate power lies in the hands of the people and their elected
representatives.

BASIS FOR COMPARISON DEMOCRACY REPUBLIC

Meaning Democracy typically The republic is the form of government in which the people
means, people's system. choose representatives to represent them.

Rule By majority By law

BASIS FOR COMPARISON
Origin
Minority rights
Sovereignty rests with
Revenue through
Mobocracy
Inclusion of Bill of Rights
Comparison of Bill of Rights 1987, 1973, 1935 Philippine Constitutions and US Constitution
1987
Article III
1987
Section 1. No person shall be
deprived of life, liberty, or
property without due process
of law, nor shall any person be
denied the equal protection of
the laws.
DEMOCRACY REPUBLIC
Greek language Latin language
Overridden by majority Inalienable
The population (all the The people (individuals)
people taken together)
Illegitimate taxes, fees, Legitimate taxes and fees
fines and licenses
Prevails Does not prevails
Bill of Rights
1973 1935 US
Article IV (Article III was about Article III
Citizenship)
Due Process of Law; Equal Protection
1973 1935 US
SECTION 1. No person shall be SECTION 1. (1) No person shall Article [V] (Amendment 5 -
deprived of life, liberty, or be deprived of life, liberty, or Rights of Persons)
property without due process property without due process No person shall be held to
of law, nor shall any person be of law, nor shall any person be answer for a capital, or
denied the equal protection of denied the equal protection of otherwise infamous crime,
the laws. the laws. unless on a presentment or
indictment of a Grand Jury,
except in cases arising in the
land or naval forces, or in the
Militia, when in actual service in
time of War or public danger;
nor shall any person be subject
for the same offence to be twice
put in jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness
against himself, nor be deprived
of life, liberty, or property,
without due process of law; nor
shall private property be taken
for public use, without just
compensation.
xxx

Article XIV (Amendment 14 -

Rights Guaranteed: Privileges
and Immunities of Citizenship,
Due Process, and Equal
Protection)
1: All persons born or
naturalized in the United States,
and subject to the jurisdiction
thereof, are citizens of the
United States and of the State
wherein they reside. No State
shall make or enforce any law
which shall abridge the privileges
or immunities of citizens of the
United States; nor shall any State
deprive any person of life,
liberty, or property, without due
process of law; nor deny to any
person within its jurisdiction the
equal protection of the laws.

1987
Section 2. The right of the
people to be secure in their
persons, houses, papers, and
effects against unreasonable
searches and seizures of
whatever nature and for any
purpose shall be inviolable, and
no search warrant or warrant
of arrest shall issue except
upon probable cause to be
determined personally by the
judge after examination under
oath or affirmation of the
complainant and the witnesses
he may produce, and
particularly describing the
place to be searched and the
persons or things to be seized.
Searches, Seizures and Arrests
1973 1935 US
SEC. 3. The right of the people Section 1. (3) The right of the Article [IV] (Amendment 4 -
to be secure in their persons, people to be secure in their Search and Seizure)
houses, papers, and effects persons, houses, papers, and The right of the people to be
against unreasonable searches effects against unreasonable secure in their persons, houses,
and seizures of whatever searches and seizures shall not papers, and effects, against
nature and for any purpose be violated, and no warrants unreasonable searches and
shall not be violated, and no shall issue but upon probable seizures, shall not be violated,
search warrant or warrant of cause, to be determined by the and no Warrants shall issue,
arrest shall issue except upon judge after examination under but upon probable cause,
probable cause to be oath or affirmation of the supported by Oath or
determined by the judge, or complainant and the witnesses affirmation, and particularly
such other responsible officer he may produce, and describing the place to be
as may be authorized by law, particularly describing the searched, and the persons or
after examination under oath place to be searched, and the things to be seized.
or affirmation of the persons or things to be seized.
complainant and the witnesses
he may produce, and
particularly describing the
place to be searched, and the
persons or things to be seized.

Privacy of Communication and Correspondence (E)

1987 1973 1935 US
Section 3. (1) The privacy of SEC. 4. (1) The privacy of Section 1. (5) The privacy of
communication and communication and communication and
correspondence shall be correspondence shall be correspondence shall be
inviolable except upon lawful inviolable except upon lawful inviolable except upon lawful
order of the court, or when order of the court, or when order of the court or when
public safety or order requires public safety and order require public safety and order require
otherwise, as prescribed by law. otherwise. otherwise.

(2) Any evidence obtained in (2) Any evidence obtained in

violation of this or the preceding violation of this or the preceding
section shall be inadmissible for section shall be inadmissible for
any purpose in any proceeding. any purpose in any proceeding.

1987
Section 4. No law shall be
passed abridging the freedom
of speech, of expression, or of
the press, or the right of the
people peaceably to assemble
and petition the government
for redress of grievances.
Freedom of Expression
1973 1935 US
SEC. 9. No law shall be passed Section 1. (8) No law shall be Article [I] (Amendment 1 -
abridging the freedom of passed abridging the freedom Freedom of expression and
speech, or of the press, or the of speech, or of the press, or religion)
right of the people peaceably the right of the people Congress shall make no law
to assemble and petition the peaceably to assemble and respecting an establishment of
Government for redress of petition the Government for religion, or prohibiting the free
grievances. redress of grievances exercise thereof; or abridging
the freedom of speech, or of
the press; or the right of the
people peaceably to assemble,
and to petition the Government
for a redress of grievances.

1987
Section 5. No law shall be made
respecting an establishment of
religion, or prohibiting the free
exercise thereof. The free
exercise and enjoyment of
religious profession and
worship, without
discrimination or preference,
shall forever be allowed. No
religious test shall be required
for the exercise of civil or
political rights.
1987
Section 6. The liberty of abode
and of changing the same within
the limits prescribed by law shall
not be impaired except upon
lawful order of the court.
Neither shall the right to travel
be impaired except in the
interest of national security,
public safety, or public health,
as may be provided by law.
1987
Section 7. The right of the people
to information on matters of
public concern shall be
recognized. Access to official
records, and to documents and
papers pertaining to official acts,
transactions, or decisions, as well
as to government research data
used as basis for policy
development, shall be afforded
the citizen, subject to such
limitations as may be provided by
law.
1987
Section 8. The right of the
people, including those
employed in the public and
private sectors, to form unions,
associations, or societies for
purposes not contrary to law
shall not be abridged.
Freedom of Religion
1973 1935 US
SEC. 8. No law shall be made Section 1. (7) No law shall be Article [I] (Amendment 1 -
respecting an establishment of made respecting an Freedom of expression and
religion, or prohibiting the free establishment of religion, or religion)
exercise thereof. The free prohibiting the free exercise Congress shall make no law
exercise and enjoyment of thereof, and the free exercise respecting an establishment of
religious profession and and enjoyment of religious religion, or prohibiting the free
worship, without profession and worship, exercise thereof; or abridging
discrimination or preference, without discrimination or the freedom of speech, or of
shall forever be allowed. No preference, shall forever be the press; or the right of the
religious test shall be required allowed. No religious test shall people peaceably to assemble,
for the exercise of civil or be required for the exercise of and to petition the
political rights. civil or political rights. Government for a redress of
grievances.
Liberty of Abode and Travel
1973 1935 US
SEC. 5. The liberty of abode and Section 1. (4) The liberty of
of travel shall not be impaired abode and of changing the same
except upon lawful order of the within the limits prescribed by
court, or when necessary in the law shall not be impaired.
interest of national security,
public safety, or public health.
Right to Information
1973 1935 US
SEC. 6. The right of the people to
information on matters of public
concern shall be recognized.
Access to official records, and to
documents and papers
pertaining to official acts,
transactions, or decisions, shall
be afforded the citizen subject to
such limitations as may be
provided by law.
Right to Form Associations
1973 1935 US
SEC. 7. The right to form Section 1. (6) The right to form
associations or societies for associations or societies for
purposes not contrary to law purposes not contrary to law
shall not be abridged. shall not be abridged.

1987
Section 9. Private property shall
not be taken for public use
without just compensation.
1987
Section 10. No law impairing
the obligation of contracts
shall be passed.
1987
Section 11. Free access to the
courts and quasi-judicial bodies
and adequate legal assistance
shall not be denied to any
person by reason of poverty.
Just Compensation in Taking of Private Property
1973 1935 US
SEC. 2. Private property shall Section 1. (2) Private property Article [V] (Amendment 5 -
not be taken for public use shall not be taken for public Rights of Persons)
without just compensation. use without just compensation. No person shall be held to
answer for a capital, or
otherwise infamous crime,
unless on a presentment or
indictment of a Grand Jury,
except in cases arising in the
land or naval forces, or in the
Militia, when in actual service
in time of War or public
danger; nor shall any person be
subject for the same offence to
be twice put in jeopardy of life
or limb; nor shall be compelled
in any criminal case to be a
witness against himself, nor be
deprived of life, liberty, or
property, without due process
of law; nor shall private
property be taken for public
use, without just
compensation.
Non-Impairment Clause
1973 1935 US
SEC. 11. No law impairing the Section 1. (10) No law Article I (Article 1 - Legislative)
obligation of contracts shall be impairing the obligation of Section 10
passed. contracts shall be passed. 1: No State shall enter into any
Treaty, Alliance, or
Confederation; grant Letters of
Marque and Reprisal; coin
Money; emit Bills of Credit; make
any Thing but gold and silver
Coin a Tender in Payment of
Debts; pass any Bill of Attainder,
ex post facto Law, or Law
impairing the Obligation of
Contracts, or grant any Title of
Nobility.
Free Access to Courts
1973 1935 US
SEC. 23. Free access to the Section 1. (21) Free access to
courts shall not be denied to the courts shall not be denied
any person by reason of to any person by reason of
poverty. poverty.

1987
Section 13. All persons, except
those charged with offenses
punishable by reclusion
perpetua when evidence of guilt
is strong, shall, before
conviction, be bailable by
sufficient sureties, or be
released on recognizance as
may be provided by law. The
right to bail shall not be
impaired even when the
privilege of the writ of habeas
corpus is suspended. Excessive
bail shall not be required.
1987
Section 14. (1) No person shall
be held to answer for a criminal
offense without due process of
law.
(2) In all criminal prosecutions,
the accused shall be presumed
innocent until the contrary is
proved, and shall enjoy the right
to be heard by himself and
counsel, to be informed of the
nature and cause of the
accusation against him, to have
a speedy, impartial, and public
trial, to meet the witnesses face
to face, and to have compulsory
process to secure the
attendance of witnesses and the
production of evidence in his
behalf. However, after
arraignment, trial may proceed
notwithstanding the absence of
the accused provided that he
has been duly notified and his
failure to appear is unjustifiable.
Right to Bail
1973 1935 US
SEC. 18. All persons, except Section 1. (16) All persons shall Article [VIII] (Amendment 8 -
those charged with capital before conviction be bailable Further Guarantees in Criminal
offenses when evidence of by sufficient sureties, except Cases)
guilt is strong, shall, before those charged with capital Excessive bail shall not be
conviction, be bailable by offenses when evidence of required, nor excessive fines
sufficient sureties. Excessive guilt is strong. Excessive bail imposed, nor cruel and unusual
bail shall not be required. shall not be required. punishments inflicted.
Constitutional Rights of the Accused
1973 1935 US
SEC. 17. No person shall be held Section 1. (15) No person shall Article [VI] (Amendment 6 -
to answer for a criminal offense be held to answer for a Rights of Accused in Criminal
without due process of law. criminal offense without due Prosecutions)
process of law. In all criminal prosecutions,
xxx the accused shall enjoy the
xxx right to a speedy and public
SEC. 19. In all criminal trial, by an impartial jury of the
prosecutions, the accused shall (17) In all criminal State and district wherein the
be presumed innocent until the prosecutions the accused shall crime shall have been
contrary is proved, and shall be presumed to be innocent committed, which district shall
enjoy the right to be heard by until the contrary is proved, have been previously
himself and counsel, to be and shall enjoy the right to be ascertained by law, and to be
informed of the nature and heard by himself and counsel, informed of the nature and
cause of the accusation against to be informed of the nature cause of the accusation; to be
him, to have a speedy, and cause of the accusation confronted with the witnesses
impartial, and public trial, to against him, to have a speedy against him; to have
meet the witnesses face to face, and public trial, to meet the compulsory process for
and to have compulsory process witnesses face to face and to obtaining witnesses in his
to secure the attendance of have compulsory process to favor, and to have the
witnesses and the production of secure the attendance of Assistance of Counsel for his
evidence in his behalf. However, witnesses in his behalf. defence.
after arraignment, trial may
proceed notwithstanding the
absence of the accused
provided that he has been duly
notified and his failure to
appear is unjustified.

1987
Section 15. The privilege of the
writ of habeas corpus shall not
be suspended except in cases
of invasion or rebellion when
the public safety requires it.
1987
Section 16. All persons shall have
the right to a speedy disposition
of their cases before all judicial,
quasi-judicial, or administrative
bodies.
1987
Section 17. No person shall be
compelled to be a witness
against himself.
1987
Section 18. (1) No person shall be
detained solely by reason of his
political beliefs and aspirations.
Habeas Corpus
1973 1935 US
SEC. 15. The privilege of the Section 1. (14) The privilege of Article I (Article 1 - Legislative)
writ of habeas corpus shall not the writ of habeas corpus shall Section 9
be suspended except in cases of not be suspended except in
invasion, insurrection, rebellion, cases of invasion, insurrection, 2: The Privilege of the Writ of
or imminent danger thereof, or rebellion, when the public Habeas Corpus shall not be
when the public safety requires safety requires it, in any of suspended, unless when in
it. which events the same may be Cases of Rebellion or Invasion
suspended wherever during the public Safety may require
such period the necessity for it.
such suspension shall exist.
Speedy Disposition of Cases
1973 1935 US
SEC. 16. All persons shall have the
right to a speedy disposition of
their cases before all judicial,
quasi-judicial, or administrative
bodies.
Self-Incrimination
1973 1935 US
SEC. 20. No person shall be Section 1. (18) No person shall Article [V] (Amendment 5 -
compelled to be a witness be compelled to be a witness Rights of Persons)
against himself. Any person against himself. No person shall be held to
under investigation for the answer for a capital, or
commission of an offense shall otherwise infamous crime,
have the right to remain silent unless on a presentment or
and to counsel, and to be indictment of a Grand Jury,
informed of such right. No except in cases arising in the
force, violence, threat, land or naval forces, or in the
intimidation, or any other Militia, when in actual service in
means which vitiates the free time of War or public danger;
will shall be used against him. nor shall any person be subject
Any confession obtained in for the same offence to be twice
violation of this section shall be put in jeopardy of life or limb;
inadmissible in evidence. nor shall be compelled in any
criminal case to be a witness
against himself, nor be deprived
of life, liberty, or property,
without due process of law; nor
shall private property be taken
for public use, without just
compensation.
Non-Detention by Reason of Political Beliefs or Aspirations
1973 1935 US

1987
Section 18.
xxx
(2) No involuntary servitude in
any form shall exist except as a
punishment for a crime
whereof the party shall have
been duly convicted.
1987
Section 19. (1) Excessive fines
shall not be imposed, nor cruel,
degrading or inhuman
punishment inflicted. Neither
shall the death penalty be
imposed, unless, for compelling
reasons involving heinous
crimes, the Congress hereafter
provides for it. Any death
penalty already imposed shall be
reduced to reclusion perpetua.
(2) The employment of physical,
psychological, or degrading
punishment against any prisoner
or detainee or the use of
substandard or inadequate penal
facilities under subhuman
conditions shall be dealt with by
law.
1987
Section 20. No person shall be
imprisoned for debt or non-
payment of a poll tax.
Involuntary Servitude
1973 1935 US
SEC. 14. No involuntary Section 1. (13) No involuntary Article XIII (Amendment 13 -
servitude in any form shall exist servitude in any form shall exist Slavery and Involuntary
except as a punishment for a except as a punishment for Servitude)
crime whereof the party shall crime whereof the party shall Neither slavery nor involuntary
have been duty convicted. have been duly convicted. servitude, except as a
punishment for crime whereof
the party shall have been duly
convicted, shall exist within the
United States, or any place
subject to their jurisdiction.
Congress shall have power to
enforce this article by
appropriate legislation.
Prohibited Punishments
1973 1935 US
SEC. 21. Excessive fines shall Section 1. (19) Excessive fines Article [VIII] (Amendment 8 -
not be imposed, nor cruel or shall not be imposed, nor cruel Further Guarantees in Criminal
unusual punishment inflicted. and unusual punishment Cases)
inflicted. Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual
punishments inflicted.
Non-Imprisonment for Debt
1973 1935 US
SEC. 13. No person shall be Section 1. (12) No person shall
imprisoned for debt or non- be imprisoned for debt or
payment of a poll tax. nonpayment of a poll tax.

1987
Section 21. No person shall be
twice put in jeopardy of
punishment for the same
offense. If an act is punished by
a law and an ordinance,
conviction or acquittal under
either shall constitute a bar to
another prosecution for the
same act.
1987
Section 22. No ex post facto
law or bill of attainder shall be
enacted.
Double Jeopardy
1973 1935 US
SEC. 22. No person shall be Section 1. (20) No person shall Article [V] (Amendment 5 -
twice put in jeopardy of be twice put in jeopardy of Rights of Persons)
punishment for the same punishment for the same No person shall be held to
offense. If an act is punished by offense. If an act is punished by answer for a capital, or
a law and an ordinance, a law and an ordinance, otherwise infamous crime,
conviction or acquittal under conviction or acquittal under unless on a presentment or
either shall constitute a bar to either shall constitute a bar to indictment of a Grand Jury,
another prosecution for the another prosecution for the except in cases arising in the
same act. same act. land or naval forces, or in the
Militia, when in actual service in
time of War or public danger;
nor shall any person be subject
for the same offence to be twice
put in jeopardy of life or limb;
nor shall be compelled in any
criminal case to be a witness
against himself, nor be deprived
of life, liberty, or property,
without due process of law; nor
shall private property be taken
for public use, without just
compensation.
Ex Post Facto Law or Bill of Attainder
1973 1935 US
SEC. 12. No ex post facto law Section 1. (11) No ex post facto Article I (Article 1 - Legislative)
or bill of attainder shall be law or bill of attainder shall be Section 9
enacted. enacted. 3: No Bill of Attainder or ex post
facto Law shall be passed.
xxx
Section 10
1: No State shall enter into any
Treaty, Alliance, or
Confederation; grant Letters of
Marque and Reprisal; coin
Money; emit Bills of Credit; make
any Thing but gold and silver
Coin a Tender in Payment of
Debts; pass any Bill of Attainder,
ex post facto Law, or Law
impairing the Obligation of
Contracts, or grant any Title of
Nobility.
 Granting Title of Royalty or Nobility
1987 1973 1935
SEC. 10. No law granting a title Section 1. (9) No law granting a
of royalty or nobility shall be little of nobility shall be
enacted. enacted, and no person holding
any office of profit or trust shall,
without the consent of the
National Assembly, accept any
present, emolument, office, or
title of any kind whatever from
any foreign state.
US
Article I (Article 1 - Legislative)
Section 9
8: No Title of Nobility shall be
granted by the United States:
And no Person holding any Office
of Profit or Trust under them,
shall, without the Consent of the
Congress, accept of any present,
Emolument, Office, or Title, of
any kind whatever, from any
King, Prince, or foreign State.
xxx
Section 10
1: No State shall enter into any
Treaty, Alliance, or
Confederation; grant Letters of
Marque and Reprisal; coin
Money; emit Bills of Credit; make
any Thing but gold and silver Coin
a Tender in Payment of Debts;
pass any Bill of Attainder, ex post
facto Law, or Law impairing the
Obligation of Contracts, or grant
any Title of Nobility.
1973 CONSTITUTION

Establish for the first time in the Philippine history a parliamentary government, a Prime Minister and a President. Both
were elected by the National Assembly

Parliamentary form of government

Parliamentary government is a democratic form of government in which the political party that wins the most
seats in the legislature or parliament during the federal election forms the government. This majority party chooses a
leader to be the Prime Minister or Chancellor, and other high-ranking members of the party make up the cabinet. The
minority party forms the opposition, and its job is to challenge the majority party. If no party is able to win a majority in
the election, a coalition government will be formed with a few political parties cooperating together.

It's called 'parliamentary government' because all of the power is vested in the parliament. In a presidential
system like the United States, the executive branch is separate, and the president is popularly elected by the citizens of
the nation. In a parliamentary system, the head of the government is chosen from the parliament, and is often one of the
most senior members or ministers in parliament, which is where we get the term 'Prime Minister'. Often in a
parliamentary system, the country will have a Head of State, who is a ceremonial figure like the Queen, but does not
engage in legislating or politics.

A parliamentary system of government means that the executive branch of government has the direct or indirect
support of the parliament. This support is usually shown by a vote of confidence. The relationship between the executive
and the legislature in a parliamentary system is called responsible government.

Article IX

Section 1. There shall be a Cabinet which shall be composed of Ministers with or without portfolio appointed by the
President. At least a majority of the Members of the Cabinet who are heads of ministries shall come from the Regional
Representatives of the Batasang Pambansa.

The Prime Minister shall be the head of the Cabinet. He shall, upon the nomination of the President from among
the Members of the Batasang Pambansa, be elected by a majority of all the Members thereof.

Section 2. The Prime Minister and the Cabinet shall be responsible to the Batasang Pambansa for the program of
government approved by the President.

Section 3. There shall be an Executive Committee to be designated by the President, composed of the Prime Minister as
Chairman, and not more than fourteen other members, at least half of whom shall be Members of the Batasang
Pambansa. The Executive Committee shall assist the President in the exercise of his powers and functions and in the
performance of his duties as he may prescribe.

The Members of the Executive Committee shall have the same qualifications as those of the Members of the
Batasang Pambansa

Suspension of Human rights

Proclamation of Martial Law:On September 21, 1972, President Ferdinand E. Marcos placed the Philippines under
Martial Law. The declaration issued under Proclamation 1081 suspended the civil rights and imposed military authority in
the country. Marcos defended the declaration stressing the need for extra powers to quell the rising wave of violence
allegedly caused by communists. The emergency rule was also intended to eradicate the roots of rebellion and promote a
rapid trend for national development. The autocrat assured the country of the legality of Martial Law emphasizing the
need for control over civil disobedience that displays lawlessness. Marcos explained citing the provisions from the
Philippine Constitution that Martial Law is a strategic approach to legally defend the Constitution and protect the welfare
of the Filipino people from the dangerous threats posed by Muslim rebel groups and Christian vigilantes that places
national security at risk during the time. Marcos explained that martial law was not a military takeover but was then the
only option to resolve the countrys dilemma on rebellion that stages national chaos threatening the peace and order of
the country. The emergency rule, according to Marcoss plan, was to lead the country into what he calls a New Society.

Marcos used several events to justify martial law. Threat to the countrys security was intensifying following the
re-establishment of the Communist Party of the Philippines (CPP) in 1968. Supporters of CPPs military arm, the New
Peoples Army, also grew in numbers in Tarlac and other parts of the country. The alleged attempt to the life of then
Minister of Defense Juan Ponce Enrile gave Marcos a window to declare Martial Law. Marcos announced the emergency
rule the day after the shooting incident. Marcos also declared insurgency in the south caused by the clash between
Muslims and Christians, which Marcos considered as a threat to national security. The Muslims were defending their
ancestral land against the control of Christians who migrated in the area. The minority group organized the Moro National
Liberation Front (MNLF) in Malaysia and pushed for the autonomy of Mindanao from the national government.

The move was initially supported by most Filipinos and was viewed by some critics as a change that solved the
massive corruption in the country. Martial law ceased the clash between the executive and legislative branches of the
government and a bureaucracy characterized by special interest. Marcos started to implement reforms on social and
political values that hindered effective modernization. To match the accomplishments of its Asian neighbors, Marcos
imposed the need for self-sacrifice for the attainment of national welfare. His reforms targeted his rivals within the elite
depriving them of their power and patronage but did not affect their supporters (US Library of Congress, Martial Law and
the Aftermath).

Thirty-thousand opposition figures including Senator Benigno Aquino, journalists, student and labor activists
were detained at military compounds under the Presidents command (Proclamation 1081 and Martial Law). The army
and the Philippine Constabulary seized weapons and disbanded private armies controlled by prominent politicians and
other influential figures (Proclamation 1081 and Martial Law). Marcos took control of the legislature and closed the
Philippine Congress (Proclamation 1081 and Martial Law). Numerous media outfits were either closed down or operated
under tight control (Proclamation 1081 and Martial Law). Marcos also allegedly funnelled millions of the countrys money
by placing some of his trusted supporters in strategic economic positions to channel resources to him. Experts call this the
crony capitalism.

The deterioration of the political and economic condition in the Philippines triggered the decline of support on
Marcos plans. More and more Filipinos took arms to dislodge the regime. Urban poor communities in the countrys
capital were organized by the Philippine Ecumenical Council for Community and were soon conducting protest masses and
prayer rallies. These efforts including the exposure of numerous human rights violations pushed Marcos to hold an
election in 1978 and 1981 in an aim to stabilize the countrys chaotic condition. Marcos, in both events, won the election;
however, his extended term as President of the Republic of the Philippines elicited an extensive opposition against his
regime. Social unrest reached its height after former Senator Benigno Aquino was murdered. The incident sent thousands
of Filipinos to the streets calling for Marcos removal from post. Turning again to his electoral strategy, Marcos held a snap
election in 1986 but what he hoped will satisfy the masses only increased their determination to end his rule that seated
Corazon Aquino, widow of Benigno Aquino, as President of the Philippines ousting Marcos from Malacaang Palace and
ending the twenty-one years of tyrant rule.

Has given Power to the Executive department

Article XVII , Section 3(2)

All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the incumbent
President shall be part of the law of the land, and shall remain valid, legal, binding, and effective even after lifting of
martial law or the ratification of this Constitution, unless modified, revoked, or superseded by subsequent proclamations,
orders, decrees, instructions, or other acts of the incumbent President, or unless expressly and explicitly modified or
repealed by the regular National Assembly.
1987 CONSTITUTION

Ruling by decree during the early part of her tenure and as a president installed via the People Power Revolution,
President Corazon C. Aquino issued Proclamation No. 3 on March 25, 1986 which abrogated many of the provisions of the
then 1973 Constitution adopted during the Marcos regime including the unicameral legislature (the Batasang Pambansa),
the office of Prime Minister, and provisions which gave the President legislative powers. Often called the "Freedom
Constitution," this constitution was only intended as a temporary constitution to ensure the freedom of the people and
the return to democratic rule. A constitutional assembly was soon called to draft a new constitution for the country.

The Constitutional Commission was composed of fifty members appointed by Aquino from varied backgrounds
including several former members of the House of Representatives, former justices of the Supreme Court, a Roman
Catholic bishop, and political activists against the Marcos regime. The Commission elected Cecilia Muoz-Palma, a former
Associate Justice of the Supreme Court, as its president. Several issues were of particular contention during the
Commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of the
U.S. bases in Clark and Subic, and the integration of economic policies into the constitution. Lino Brocka, a film director
and political activist who was member of the Commission, walked out before the constitution's completion, and two other
delegates dissented from the final draft. The Commission finished the final draft on October 12, 1986 and presented it to
Aquino on October 15. The constitution was ratified by a nationwide plebiscite on February 2, 1987.

Reinstitution of Democratic Government

Article II, Section 1

The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them.

Manifestation of a Democratic and Republican government

The existence of bill of rights.

The observance of the rule of majority.
The observance of the principle that our government of laws and not of men.
The presence of election .
The observance of the principal separation of powers and system of check and balances.
The observance of the principle that legislature cannot pass irreparable laws.
The observance of the law of public office .

Separation of church and state

Article II, Section 6. The separation of Church and State shall be inviolable

Principle of the separation of Church and State

Article III, Section 5 . No law shall be made respecting an establishment of religion

Article VI, Sec. 29. No public money or property shall ever be appropriated, applied, paid or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution or system of religion.
Meaning of establishment of religion clause

A wall of separation between the church and state by Thomas Jefferson

The state shall have no official religion.

The state cannot set up church, whether or not supported with public funds; nor aid one religion, aid all religion,
or prefer one religion over another.
Every person is free to profess belief or disbelief in any religion.
Every religious minister is free to practice his calling.
The state cannot punish a person for entertaining or professing religious beliefs or disbliefs.
No hostility towards religion.
Constitution and laws exempt from taxation properties devoted exclusively to religious purposes.
The use of public money is prohibited to the armed forces, or to ant penal institution.
Optional religious instruction in public and high school is by constitution mandated allowed.
Thursday and Friday of holy week, Christmas Day and Sundays are made legal holidays.
Crimes against worship are considered against the law.

Sovereignty of the people

Article II. Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.

Sovereignty

Is the supreme power to govern.

It lies in the hands of the Filipino people who have the right to choose the type government they want and to
define the powers it shall hold and exercise.
It is their right to abolish their government and form a new one ans organize it in such form as seems to them
best for their welfare and happiness.
Sovereignty is exercised indirectly.
Through public officials elected by the people.
Officials appointed by the elected ifficials.

Sovereignty is exercised directly

Suffrage
Peoples participation
Multi-party system
Party-list system
Peoples organization
System of Initiative and Referendum
Plebiscite

Renunciation of war as a national policy

Article II, Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Renunciation of war as instrument of nation policy

Philippines cannot declare war on another country.

The country can only declare an existing state of war.
Adaptation of the generally accepted principles of the international law as part of the countrys own law.
When international usage to be applied .
A treaty has force of a statute.
Constitution prevails over a treaty.

Adherence to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations

Philippines seek peace and unity with neighboring countries all over the world regardless of race, ideology, and
political system on the basis of mutual trust, respect and cooperation.

Supremacy of civilian authority over military

Article II, Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national
territory.

Supremacy of the Civilian Authority

Inherent in a republican system

Safeguard against military dictatorship

As commander in-chief (President)

Issues orders to the arm forces

Appoints high ranking officers
Determines military budget
Defines the national defense and security

Separation of powers

The principle of separation of power refers to the constitutional demarcation of the three fundamental powers of
the government.

Legislative branch of the government, through Congress, belong the power to make laws.
Executive branch of the government , through the President, belongs the power to enforce laws.
Judicial branch of the government, through the Court, belongs the power to interpret laws.

Because the three great powers have been, by constitutional design ordain in this respect each department has
exclusive cognizance of the matter within its jurisdiction, and supreme within its own sphere.

The separation of power seeks to prevent the concentration if authority in one person or group that might lead
to irreparable error or abuse in its exercise of duty.