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1935 1973 1987

CONSTITUTION CONSTITUTION CONSTITUTION


FRAMERS
Quezon eventually brought in from Marcos manipulated an ongoing Aquino issued a unilateral proclamation
the United States the Tydings- Constitutional Convention and establishing a provisional constitution
McDuffie Act (Public Law 73-127) drafted a new constitution which repealing many of the Marcos’
authored by Sen. Millard Tydings allows him to rule by decree until regulations that had repressed the
and Rep. John McDuffie, a slightly 1978 when the presidential system people. This constitution gave the
amended version of the Hare- of the 1935 Constitutions was President broad powers ad great
Hawes-Cutting bill signed by replaced with a parliamentary one. authority.
President Franklin Roosevelt on
March 24, 1934.
RATIFICATION
The 1935 Constitution with Upon seeing that the ratification was When democracy was restored in 1986,
accordance with the Philippine bound to fail, Marcos issued Aquino issued Proclamation No. 3,
Independence Act of 1934 was Presidential Decree No. 86, creating suspending certain provisions of the 1973
ratified by the Filipino people citizens assemblies to ratify the Constitution and issued Proclamation No.
through a national plebiscite, on newly drafted constitution by means 9, which created a new Constitution. The
May 14, 1935 and came into full of a Viva Voce vote in place of secret National Plebiscite was held on February
force and effect on November 15, ballots. The 1973 Constitution was 2, 1987 to ratify the new Constitution and
1935 with the inauguration of the ratified by the virtue of Presidential upon virtue of Proclamation No. 58 the
Commonwealth of the Philippines. Proclamation No. 1102 dated 1987 Constitution finally came into effect
January 17, 1973. the day with the President and other
civilian officials.
PROVISIONS
Upon the proclamation of the There shall be an Interim Batasang The Constitution established a
President of the United States Pamabasa and shall continue until representative democracy with power
recognizing the independence of the Members of the regular divided among three independent
the Philippines- all property rights Batasang Pambansa shall have branches of government- the Executive, a
of the United States and the been elected and shall have bicameral Legislature, ad Judiciary.
Philippines shall be promptly assumed office following an election There were three independent
adjusted and settled and the called for the purpose by the Interim constitutional commissions- the
government of the Philippines will Batasang Pambansa. Except as Commission on Audit, the Civil Service
assume all continuing obligations otherwise provided in this Commission, and the Commission on
of the United States under the Constitution, the Interim Batasang Elections. Integrated into the Constitution
Treaty of Peace with Spain ceding Pambansa shall have the same was a full Bill of Rights, which guarantee
the Philippine Islands to the United powers and its Members shall have fundamental civil and political rights, and
States. the same functions, responsibilities, it provided for free, fair, and periodic
rights, priviledges, and elections.
disqualifications as the regular
Batasang Pambansa and the
Members thereof.
AMENDMENTS
The 1935 Constitution was The Constitution vests the legislative The 1987 Constitution established a
amended by the National power in the National Assembly. A representative democracy with power
Assembly of the Philippines. The Prime Minister is elected from divided among three separate and
legislature was changed from a among the members of the National independent branches of government: the
unicameral assembly to a Assembly and serves as the head of Executive, a bicameral Legislature, and
bicameral congress. And it also government and commander-in-chief the Judiciary. There were three
changed the term limit of the of the Philippine Armed Forces. A independent constitutional commissions
President of the Philippines from President is elected from among the as well: the Commission on Audit, the
six years with no reelection to four members of the National Assembly Civil Service Commission, and the
years with a possibility of being and serves as the symbolic head of Commission on Elections. Integrated into
reelected for a second term. state with a six-year term. The the Constitution was a full Bill of Rights,
judicial power is vested in the which guaranteed fundamental civil and
Supreme Court, composed of a and political rights, and it provided for
Chief Justice and 14 Justices. The free, fair, and periodic elections. In
National Assembly exercises the comparison with the weak document that
power to define, prescribe and had given Marcos a legal fiction behind
apportion the jurisdiction of the lower which to hide, this Constitution seemed
courts. All justices of the Supreme ideal to many Filipinos emerging from 20
Court and judges of the lower courts years of political repression and
are appointed by the Prime Minister. oppression.

Constitutional Convention and Constitutional Commission


CONSTITUTIONAL CONVENTION CONSTITUTION COMMISSION
The constitutional convention is composed of duly-elected In January 1942, the Philippine Executive Commission, or
delegates of the people. It has plenary powers and is PEC, was established as the temporary caretaker
capable of drafting an entirely new constitution, if need be. government of the City of Greater Manila, and eventually,
Congress may, by a vote of two-thirds of all its members, of the whole Philippines during the Japanese occupation
call a constitutional convention, or by a majority vote of all of the country during World War II. The PEC existed until
of its members, submit to the electorate the question of the Japanese-sponsored Second Philippine Republic was
calling such a convention. established in October 1943.

Proponents of a constitutional convention, argue for the In 1986, President Corazon Aquino dissolved the 1973
following: Constitution and called for its revision. From February
1. the proposed amendments are of such basic nature 1986 to February 1987, the Philippines was governed
that only a body of delegates duly-elected for the under a provisional constitution called the "Freedom
specific purpose can do the job: Constitution", which was drafted by her Executive
2. participation of the people in constitution-making is Secretary Joker Arroyo. In September 1986,
more assured in a convention: the Constitutional Commission of 1986 was set up with all
3. Congress should not do it because it would be its members appointed by Aquino. The revised Philippine
affected by the proposed changes: and Constitution was ratified by a plebiscite with 76% of votes
4. it is a more democratic, transparent ad deliberate in the affirmative.
process.
An unrelated concept is a "constitutional commission",
which is a commission created by the 1987 Constitution.
These are governmental bodies that are independent of
the three main branches of government. These
constitutional commissions are the:

 Civil Service Commission


 Commission on Audit
 Commission on Elections

The 1987 Constitution does not place upon a


constitutional commission the task of amending the
Constitution—that task falls to the Constitutional
Convention, the Constituent Assembly, or the People's
Initiative, the three constitutionally sanctioned methods of
amending the Constitution.

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