Salient Features

GROUP 1
(1) Albon, Eyen (3) Banasan, Guilfeliko September 22, 2017

(2) Laigo, Shiela Marie (4) Magaway, John Constantine Legal Research
(5) Yapyapan, Johannes Law 1B
6:30-7:30pm, FS, U703
I. Introduction (Title): Constitution of the Republic of the Philippines
A. Subject Matter: Salient Features of the 1935 Constitution, the 1973 Constitution,
and the 1987 Constitution of the Republic of the Philippines
B. Supplementary topic: (Hi)story relevant to the Constitution
II. Body (Discussion):

A. 1935 Constitution
1. History: In 1916, the US passed the Jones Act which specified that
independence would only be granted upon the formation of a stable government
(democratic) modelled on the American Model. The US approved a 10-year
transition plan in 1934, and drafted a new Constitution in 1935. After some
issues and problems, this constitution, which had featured a political system,
virtually identical to the American one, finally became operative.
2. Salient features:
(a) It became the legal basis of the Commonwealth Government.
(b) It enumerated the composition, separation of powers, and duties of the
branches of the government
(c) It adopted the Regalian Doctrine of the Principle of State ownership for its
natural wealth utilized by every citizens.
(d) It had created the General Auditing Office.
(e) It had followed a unicameral system of government.
(f) It gives the president the powers including the emergency power in terms
of protecting the State from wars and national emergencies.
B. 1973 Constitution
1. History: Marcos, with the presence of the Constitutional Convention, amended
the 1935 Constitution into 1973 Constitution justifying the insurgency of the
Communist party during his tenure; hence, he had declared Martial law to
handle the phenomenon that time.
(a) The content of the Constitution is comprised of a preamble in contrast to
the 1935 Constitution, and 17 articles especially on duties of the netizens.
(b) It is the first time in history to have a parliamentary system of government
where there is: (b.1) the President symbolized as the head of the state, and
be voted by the people in a State; and (b.2) the Prime Minister symbolized
as the head of the government, and be voted by the ministries or what we
call today as the cabinets as well as the members of the National Assembly.
(c) Legislative powers are also given to the President in enacting laws
necessary to prevent the insurgency of New Peoples Army.
(d) There is an emphasis of the duties and obligations of the citizens especially
in giving military services and joining military forces.
(e) The Constitution depicts an autocratic leadership to maintain and improve
the discipline of every individual person.
C. 1987 Constitution
1. History: President Corazon Aquino in April 1986 created, through Proclamation
No. 9, the 1986 Constitutional Commission, which was responsible for
drafting a replacement for the 1973 Constitution.
(a) It has supplanted the "Freedom Constitution" upon its ratification in 1987.
(b) It has declared a National Policy to implement the reforms mandated by the
people, protect their Basic Rights, adopt a Provisional Constitution, and
provide for an orderly transition to a government under the new constitution.
(b) It has adopted some provisions of the 1973 Constitution provided that they
are not contrary to the proclamation such as the principle of separation of
powers, the proper way of making a bill into a law, and the bill of rights
which is comprised of our political, cultural, social, spiritual, and civil rights.
(c) It granted the President broad powers to reorganise government and remove
officials, as well as mandating the president to appoint a commission to draft
a new, more formal Constitution.
(d) It has been a document truly reflective of the ideals and aspirations of the
Filipino people.
(e) Legislative enactments again has rested in the Congress.
(f) The Republic form of government by virtue of the 1987 Constitution was the
same type of republican government prior to Martial law by virtue of the 1935
Constitution with three co-equal branches: Executive, Legislative and the
Judiciary.
III. Conclusion (with respect to our insights about the subject matter)
Since we had been discussing the 1935, the 1973, and the 1987 Constitution of the
Republic of the Philippines, in the first place, what do we mean by the Constitution per
se? Basically, constitution is a system for government, which is codified as a written
document and comprises fundamental laws and political principles establishing the
structure, procedures, power and duties of the government. Hence, taking into account
its nature and purpose, it serves technically as the fundamental law of the land
establishing the basic framework and underlying principles of the government. As such,
it emphasizes the quintessential utilization of our Constitutional Law applicable on our
recent phenomena.
Thus, we could not deny the fact that even though we knew about the provisions
written in the content under our constitution, yet we dont have the knowledge about its
nature and purpose, we could come up with a projection that it is undeniably useless.
We feel sorry for this expression, but its the reality. Some lawyers knew about the
provisions, but they do not take it into a fair and square practice, but they take the
constitution only as an advantage to their profession; thats why its also one of the
reasons why our Constitutions keep on constantly changing.
However, in the positive side, our Constitutional Law provides our freedom, rights
as individual persons, fundamental laws and principles which safeguard, protect, and
lead our country into a better place of comfort, and most especially the respect we needed
in our religion practiced by diverse communities.
*EXAMPLES OF THE CONSTITUTIONAL CONTENT WHICH HAS BEEN
AMENDED
1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTION

Preamble Preamble Preamble
The Filipino people, imploring We, the sovereign Filipino We, the sovereign Filipino
the aid of Divine Providence, in people, imploring the aid of people, imploring the aid of
order to establish a Divine Providence, in order to Almighty God, in order to build a
government that shall embody establish a government that just and humane society and
their ideals, conserve and shall embody our ideals, establish a Government that
develop the patrimony of the promote the general welfare, shall embody our ideals and
nation, promote the general conserve and develop the aspirations, promote the common
welfare, and secure to patrimony of our Nation, and good, conserve and develop our
themselves and their posterity secure to ourselves and our patrimony, and secure to
the blessings of independence posterity the blessings of ourselves and our posterity the
under a regime of justice, democracy under a regime of blessings of independence and
liberty, and democracy, do justice, peace, liberty, and democracy under the rule of law
ordain and promulgate this equality, do ordain and and a regime of truth, justice,
Constitution. promulgate this Constitution. freedom, love, equality, and
peace, do ordain and promulgate
this Constitution.
ARTICLE I ARTICLE I ARTICLE I
The National Territory The National Territory The National Territory
Section 1. The Philippines Section 1. The national territory The national territory comprises
comprises all the territory comprises the Philippine the Philippine archipelago, with
ceded to the United States by archipelago, with all the islands all the islands and waters
the Treaty of Paris concluded and waters embraced therein, embraced therein, and all other
between the United States and and all the other territories territories over which the
Spain on the tenth day of belonging to the Philippines by Philippines has sovereignty or
December, eighteen hundred historic or legal title, including jurisdiction, consisting of its
and ninety-eight, the limits the territorial sea, the air space, terrestrial, fluvial, and aerial
which are set forth in Article the subsoil, the sea-bed, the domains, including its territorial
III of said treaty, together with insular shelves, and the sea, the seabed, the subsoil, the
all the islands embraced in the submarine areas over which the insular shelves, and other
treaty concluded at Philippines has sovereignty or submarine areas. The waters
Washington between the jurisdiction. The waters around, around, between, and connecting
United States and Spain on the between, and connecting the the islands of the archipelago,
seventh day of November, islands of the archipelago, regardless of their breadth and
nineteen hundred, and the irrespective of their breadth and dimensions, form part of the
treaty concluded between the dimensions, form part of the internal waters of the
United States and Great internal waters of the Philippines.
Britain on the second day of Philippines.
January, nineteen hundred
and thirty, and all territory
over which the present
Government of the Philippine
Islands exercises jurisdiction.

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How did the constitutions of the Philippines evolve over time?

What are some of the differences between the 1935, 1973 and 1987 Constitutions?

GROUP 1

(1) Albon, Eyen (3) Banasan, Guilfeliko September 22, 2017

II. Body (Discussion):

1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTION

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