Readings in Philippine History/ Rizal

Exercise 4.2.1
Comparative Politics

Name: Group 1/ A20

Renzo Perez Alphora
John Andrew Balancio
Jeofrey Kaneida Camarse
Adelinne De Leon
Zane Nikia Domingo
Jeremiah Eledia

Instructions: Compare the salient provisions of the different constitutions of the Philippines. Write N/A if
the category does not apply.
Form of Government and Separation of Powers
Malolos Constitution  Article 33: Legislative power shall be exercised by an Assembly of
Representatives of the Nation.

 Article 56: Executive power resides in the President of the Republic, who shall
exercise it through his secretaries

 Article 77: The courts have the exclusive power to apply the laws, on behalf of
the Nation, in civil and criminal trials.

1935 Constitution  ARTICLE VI. —LEGISLATIVE DEPARTMENT

o SECTION 1. The Legislative power shall be vested in a National
Assembly. The Members of the National Assembly shall not exceed
one hundred and twenty, shall be chosen every three years, and shall be
apportioned among the several provinces as nearly as may be according
to the number of their respective inhabitants, but each province shall
have at least one Member.

 ARTICLE VII. —EXECUTIVE DEPARTMENT

o SECTION 1. The Executive power shall be vested in a President of the
Philippines.

 ARTICLE VIII. —JUDICIAL DEPARTMENT

o SECTION 1. The Judicial power shall be vested in one Supreme Court
 and in such inferior courts as may be established by law.

1973 Constitution  ARTICLE VII. —THE PRESIDENT

o SECTION 1. The President shall be the head of state and chief
executive of the Republic of the Philippines.

 ARTICLE VIII. —BATASANG PAMBANSA

o SECTION 1. The Legislative power shall be vested in a Batasang
Pambansa.

 ARTICLE X. —JUDICIARY
o SECTION 1. The Judicial power shall be vested in one Supreme Court
and in such inferior courts as may be established by law. The Batasang
Pambansa shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts, but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in Section five hereof.
o SEC. 6. The Supreme Court shall have administrative supervision over
all courts and the personnel thereof.

1987 Constitution  ARTICLE VI. —LEGISLATIVE DEPARTMENT

o SECTION 1. The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.

 ARTICLE VII. —EXECUTIVE DEPARTMENT

o SECTION 1. The executive power shall be vested in the President of
the Philippines.

 ARTICLE VIII. —JUDICIAL DEPARTMENT

o SECTION 1. The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.

Provisions on Civil Liberties

Malolos Constitution  Article 7: No Filipino or foreigner can be detained or imprisoned except by
virtue of a crime and in accordance with the laws
  Article 8: Any detainee shall either be set free or be given to judicial authority
within the next twenty-four hours following the act of detention.

 Article 12: In no way shall any correspondence entrusted to the post office or
any message sent through telegraph or telephone be withheld or opened by
government authorities.

 Article 13: Any warrant to arrest, to search a place of residence and to withhold
written, telegraphic or telephone correspondence must be duly
justified.

 Article 16: Nobody shall be denied of his property and rights whether
temporarily or permanently, or be disturbed in the possession of the
same, except by virtue of a judicial sentence.

1935 Constitution  SECTION 1.

o (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.
o (15) No person shall be held to answer for a criminal offense without
due process of law.
o (17) In all criminal prosecutions the accused shall be presumed to be
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 and public trial, to meet
the witnesses face to face and to have compulsory process to secure the
attendance of witnesses in his behalf.

1973 Constitution  ARTICLE IV – BILL OF RIGHTS

o SEC. 20. No person shall be compelled to be a witness against himself.
Any person under investigation for the commission of an offense shall
have the right to remain silent and to counsel, and to be informed of
such a right. No force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Any confession
obtained in violation of this section shall be inadmissible in evidence.

o SEC. 22. 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 Constitution  ARTICLE II – STATE POLICIES
o SECTION 10. The State shall promote social justice in all phases of
national development.
o SECTION 11. The State values the dignity of every human person and
guarantees full respect for human rights.

 ARTICLE III – BILL OF RIGHTS

o 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.

o SECTION 12. (1) Any person under investigation for the commission
of an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel, preferably of his
own choice.

o 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. criminal offense without due process of law

o SECTION 18. (1) No person shall be detained solely by reason of his

political beliefs and aspirations.

Provisions on Taxation or Revenue Sharing

Malolos Constitution  Article 18: Nobody is required to pay any tax that has not been approved by the
Assembly or by popular Corporations legally authorized to impose the same,
and whose exaction is not made in the form prescribed by law.

 Article 82: The organization and attributes of the provincial and popular
assemblies shall be determined by their respective laws.
o (5) Establishment of their powers on matters of taxation, in a manner
that allows the provincial and municipal assemblies to avoid coming in
conflict with the tax system of the State.

1935 Constitution  ARTICLE X.—GENERAL AUDITING OFFICE

o SEC. 2. The Auditor General shall examine, audit, and settle all
accounts pertaining to the revenues and receipts from whatever source,
including trust funds derived from bond issues; and audit, in accordance
 with law and administrative regulations, all expenditures of funds or
property pertaining to or held in trust by the Government or the
provinces or municipalities thereof.

1973 Constitution  ARTICLE VIII. —BATASANG PAMBANSA

o SEC. 17. (1) The rule of taxation shall be uniform and equitable. The
Batasang Pambansa shall evolve a progressive system of taxation.
 (2) The Batasang Pambansa may by law authorize the
President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import
and export quotas, tonnage and wharfage dues, and other duties
or imposts.
 (3) Institutions exclusively used for religious or charitable
purposes shall be exempt from taxation.
 (4) No law granting any tax exemption shall be passed without
the concurrence of a majority of all the Members of the
Batasang Pambansa.

 ARTICLE XI. —LOCAL GOVERNMENT

o SEC. 5. Each local government unit shall have the power to create its
own sources of revenue and to levy taxes, subject to such limitations as
may be provided by law.

 ARTICLE XV. —GENERAL PROVISIONS

o SEC. 6. No salary or any form of emolument of any public officer or
employee, including constitutional officers, shall be exempt from
payment of income tax.

1987 Constitution  ARTICLE XIV. —EDUCATION, SCIENCE AND TECHNOLOGY,

ARTS, CULTURE AND SPORTS
o SECTION 4. (1) The State recognizes the complementary roles of
public and private institutions in the educational system and shall
exercise reasonable supervision and regulation of all educational
institutions.
 (3) All revenues and assets of non-stock, non-profit educational
institutions used, directly, and exclusively for educational
purposes shall be exempt from taxes and duties. Upon the
dissolution or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the manner
provided by law.
 (4) Subject to conditions prescribed by law, all grants,
endowments, donations, or contributions used, directly, and
exclusively for educational purposes shall be exempt from tax.

o SECTION 11. Congress may provide incentives, including tax

 deductions, to encourage private participation in programs of basic and
applied scientific research. Scholarships, grants-in-aid, or other forms
of incentives shall be provided to deserving science students,
researchers, scientists, inventors, technologists, and specially gifted
citizens.

Provisions on Political Dynasty

Malolos Constitution N/A
1935 Constitution N/A
1973 Constitution N/A

1987 Constitution  ARTICLE II - DECLARATION OF PRINCIPLES AND STATE

POLICIES
o SECTION 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by law.
o The word "political dynasties" will now be a self-executing provision under
the proposed provision. It will outlaw fat and thin dynasties up to the second
degree of consanguinity and affinity, regardless of whether the relationship
is genuine, illegitimate, half-blood, or full-blood. By preventing political
dynasties from holding elective positions in government, the 1987
Constitution aims to promote equal access to public office. However, due to
a lack of enabling legislation, political dynasties have been able to thrive in
Philippine politics.

Provisions on Changing/Removing the Head of State or the President

Malolos Constitution  Article 39: The National Assembly, together with extraordinary representatives,
shall form a constituent body in order to proceed to the reform of the
Constitution and the election of a new President of the Republic.
o In case the President of the Republic dies or resigns his office, the
Assembly shall convene immediately on its own, either through the
initiative of its President, or that of the Permanent Commission.

 Article 97: The incumbent President of the Revolutionary Government shall

immediately assume the title of President of the Republic and shall perform the
duties of the office until the Constituent Assembly has been convened and
proceeds to the election of the person who shall assume the position definitively.

1935 Constitution  ARTICLE VII. —EXECUTIVE DEPARTMENT

o SEC. 9. In the event of the removal of the President from office or of
his death, resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the Vice-President, and the
National Assembly shall by law provide for the case of removal, death,
resignation, or inability, both of the President and Vice-President,
 declaring what officer shall then act as President, and such officer shall
act accordingly, until the disability be removed or a President shall be
elected.

 ARTICLE IX. —IMPEACHMENT

o SECTION 1. The President, the Vice-President, the Justices of the
Supreme Court, and the Auditor General, shall be removed from office
on impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, or other high crimes.

o SEC. 3. The National Assembly shall have the sole power to try all
impeachments. When sitting for that purpose the Members shall be on
oath or affirmation. When the President of the Philippines is on trial,
the Chief Justice of the Supreme Court shall preside. No person shall be
convicted without the concurrence of three-fourths of all the Members
who do not belong to the Commission on Impeachment.

1973 Constitution  ARTICLE VII. - THE PRESIDENT

o SEC 4. If, at the time fixed for the beginning of his term, the President-elect
shall have died or shall have failed to qualify or if the President shall not
have been chosen, the Executive Committee, headed by the Prime Minister,
as hereinafter provided, shall exercise the powers and discharge the duties
of the President until a President shall have been elected and qualified. If
the Batasang Pambansa withdraws its confidence in the Prime Minister, the
Speaker shall preside over the Executive Committee. In the absence of an
Executive Committee, the Speaker of the Batasang Pambansa shall act as
President until a President shall have been elected and qualified.

1987 Constitution  ARTICLE XI. —ACCOUNTABILITY OF PUBLIC OFFICERS

o SECTION 2. The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional Commissions, and
the Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from office as
provided by law, but not by impeachment.

o SECTION 3. (1) The House of Representatives shall have the

exclusive power to initiate all cases of impeachment.
 (6) The Senate shall have the sole power to try and decide all
cases of impeachment.