1973 Constitution: Social, Political, Economic, and

Cultural Issues in Philippine History

Pamantasan ng Lungsod ng Maynila

College of Humanities and Social Sciences
Bachelor of Arts in Communication 1-2

Submitted to:
Mr. Glenn S. Oliva

A.Y. 2022-2023 First Semester

Readings in Philippine History 0004-4

Ebreo, Ma. Angela S.

Larin, Fonia Chzaristh M.
Martinez, Katrin P.
Moratillo, Precious Jem F.

December 2022
History and Background of the 1973 Constitution

The Philippines' Constitution (Saligang Batas ng Pilipinas) is the country's supreme law.
The 1973 Constitution, which consists of a preamble and 17 articles, calls for the transition from
a presidential to a parliamentary form of government. President Ferdinand E. Marcos issued
Proclamation No. 1081 on September 21, 1972, declaring martial law throughout the Philippines.
Shortly after, in November 30, 1972, the draft of the 1973 Philippine Constitution was formally
approved by the constitutional convention and was submitted to the citizen assembly for
ratification. President Marcos issued Proclamation No. 1102 on January 17, 1973, announcing that
the 1973 Constitution had been ratified by an overwhelming majority of the people and was thus
in effect.

The Marcos constitution, also known as constitutional authoritarianism, differs from the
previous constitution in several ways. Several amendments were introduced during the Marcos
regime, including suffrage, the form of congress, and the power and function of the government.
The fate of the country under the 1973 Constitution was rather uncertain during the presidency of
Marcos, who came to power following the EDSA Revolution of 1986.

Additional Information / Background of the 1973 Constitution

• Ferdinand E. Marcos envisions the new constitution to address the Philippines' numerous
challenges since its independence in 1946.
- As we all know, the Philippines has never had a proper and independent
constitution before because the previous constitutions, like the Malolos
Constitution and the 1935 Constitution, were made during the colonial period
of the country. For example, before this 1973 constitution existed, during
Marcos' time, the existing constitution was the 1935 constitution. And as far as
we remember, the Philippines was not yet free from colonialism at that time.
Hence, Marcos decided to make revisions and amendments in the existing
constitution.

P a g e 2 | 13
 • Declaration of Martial Law on September 21, 1972, before his last term.
• Marcos manipulated the Conventional Constitution, which led to the drafting of a new
constitution, the 1973 Constitution, on November 30, 1972.
- The late President Ferdinand Marcos was elected in 1965, but then got re-
elected in 1969, which makes him the first president to be re-elected in the
country. To extend his legal tenure, he declared martial law in 1972, just before
the end of his second and final term, citing a growing communist insurgency as
justification.
- And on June 1, 1971, a constitutional convention was called at the Manila
Hotel. Despite the declaration of Martial Law, the convention was completed
and the draft was approved by November 30, 1972.
• The draft was sent to citizen assemblies, which were formed to vote on whether the new
constitution should be approved or rejected.
- During this time, the 1973 constitution was not ratified by the Filipino people
through a national plebiscite or referendum. But instead, the Filipinos were
consulted through citizen assemblies or barangay assemblies. Thus, it was said
that the citizen assemblies approved or ratified the 1973 constitution.

The Preamble and the 17 Articles under the 1973 Constitution of the Philippines

THE PREAMBLE
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.

THE 17 ARTICLES

ARTICLE I - National Territory

ARTICLE II - Declaration of Principles and State Policies
ARTICLE III - Citizens

P a g e 3 | 13
ARTICLE IV - Bill of Rights
ARTICLE V - Duties and Obligations of Citizens
ARTICLE VI - Suffrage
ARTICLE VII - The President and The Vice President
ARTICLE VIII - The National Assembly
ARTICLE IX - The Prime Minister, The Cabinet, and The Executive Committee
ARTICLE X - The Judiciary
ARTICLE XI - Local Government
ARTICLE XII - The Constitutional Commissions
ARTICLE XIII - Accountability of Public Officers
ARTICLE XIV - The National Economy and The Patrimony of the Nation
ARTICLE XV - General Provisions
ARTICLE XVI - Amendments
ARTICLE XVII - Transitory Provision

Social Issues of the 1973 Constitution of the Philippines

The 1973 Constitution's ratification was ultimately determined to be legal and in effect.
And when the Marcos forces eventually took control of it, it became a tool for the government to
maintain its grip on power.

A flood of international law violations and inhumane acts were unleashed during the nine-
year military rule imposed by then-President Ferdinand Marcos in 1972, including tens of
thousands of people who were arbitrarily detained and arrested, thousands of others who were
tortured, thousands of whom were killed. Throughout the period of martial law (1972–1981) and
the rest of President Marcos' administration. After martial law was implemented, President Marcos
assumed all duties. He made instructions that limited the use of these powers to the freedoms of
assembly, speech, and association. He authorized the Armed Forces of the Philippines (AFP) to
arrest and detain persons accused of crimes harming public order and national security while
suspending the right to the writ of habeas corpus. For the purpose of trying those accused of these
crimes, military tribunals that answer to the administration were established. When the

P a g e 4 | 13
"disappeared" person was discovered in a common prison facility, agents' suspicions seemed to
have been validated. The Working Group on Enforced or Forced Disappearances was founded by
the United Nations Commission on Human Rights in February 1980 with the objective to "seek
and collect information from governments, international organizations, humanitarian
organizations, and other credible sources."

Some of the Most Essential Rights that are Protected by the Human Rights Declaration
- Liberty And Security of Person (Article 3)
- Freedom from Torture (Article 5)
- Freedom from Arbitrary Arrest and Detention (Article 9)
- Right to a Fair Trial (Article 10)
- The Right to be Presumed Innocent (Article 11)
➢ It emphasizes that everyone, regardless of who they are or where they reside, is guaranteed
the fulfillment of their human rights.

Article II, Section 3.

Section 3. 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.
It is important in this constitution's dignity and national policy to promote peace, equality,
justice, freedom, collaboration, and amity with all other nations. However, it's unfortunate to
realize that this period was controlled by murders, violent crimes, and restrictions on freedom of
speech.

Political Issues of the 1973 Constitution of the Philippines

PRESIDENTIAL TO PARLIAMENTARY SHIFT OF GOVERNMENT

The 1973 Constitution established parliamentary government and combined executive and
legislative powers. The Prime Minister was elected by a majority of all members of the National

P a g e 5 | 13
Assembly from among themselves as the Chief Executive and could be removed by electing a
successor Prime Minister. The Prime Minister, on the other hand, had the authority to advise the
President to dissolve the National Assembly and call a general election. The President has been
reduced to the status of a symbolic head of state.
This parliamentary form of government was never put into effect. The Transitory
Provisions of the 1973 Constitution, which provided for a transition from the old presidential form
of government to a parliamentary system, specifically made the incumbent President's
proclamation, decrees, and acts part of the law of the land while also empowering the President to
convene the interim National Assembly, which was never convened. However, by amending the
Constitution in October 1976, the powers of the incumbent President were preserved and
expanded, and an Interim Batasang Pambansa (interim legislature) was established, with the same
powers as a legislature regular governing body.
The powers of the President and Prime Minister were merged in the then-current President
(Ferdinand E. Marcos), who immediately became a member of the Interim Batasang Pambansa. As
a result of these Amendments, he held the positions of President and Prime Minister, which
arrangement was to last only until the members of the regular legislature 'shall have been elected'.
Amendment No. 6 also gave the President the authority to continue to exercise legislative authority
until martial law is lifted. If, in his opinion, a grave emergency, threat, or imminence thereof exists,
or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to
act adequately on any matter for any reason that, in his opinion, requires immediate action, he may,
in order to meet the exigency, issue the necessary decrees, orders, or letters of instructions which
shall form part of the law of the land.

LEGISLATIVE POWERS
Article VIII, Section 1. The Legislative power shall be vested in a Batasang Pambansa.
The Batasang Pambansa has the authority to define, prescribe, and apportion the
jurisdiction of the various courts, but it may not deprive the Supreme Court of jurisdiction over
cases listed in Section 5 hereof.
The Congress, which is composed of the Senate and the House of Representatives, was
replaced by an elected unicameral National Assembly or known as the Batasang Pambansa since

P a g e 6 | 13
the presidential form of government was replaced by a modified parliamentary form with the
adoption of a new Constitution.

AUTHORITARIAN CONSTITUTIONALISM (The President’s Thirst for Power)

When Ferdinand Marcos declared martial law in the Philippines, he used his
constitutionally legal powers to integrate all state authority in his own hands. However, this would
not be the last time he would use technicalities in his presidency to gain even more power. Marcos
has since ruled the nation under a system referred to as "constitutional authoritarianism" by some
of his accomplices and "authoritarian constitutionalism" by others, but it is, in fact, a military-
backed dictatorship, albeit of a less repressive variety. By seizing control of the entire government,
he placed himself in a position of absolute power over the laws of the land, with no legitimate
body to check him. The late President has been labeled a “constitutional dictator” for implementing
such a strategy during his rapid ascent to what appeared to be absolute power at the time.
Marcos had thus accomplished his goal of gaining power. Marcos was named Prime
Minister after transitory provisions ran their course. He had indeed extended his reign. The 1973
Constitution gave him the authority to hold this position indefinitely, which he did until 1981,
when he appointed his finance minister Cesar Virata to the position. Virata did not pose a threat to
Marcos' rule.

EMPHASIZED DUTIES AND OBLIGATIONS

In this constitution, there has been an emphasis in the duties and obligations of the citizens,
especially in giving military services and joining military forces.
As stated in Article V, Section 1 of the 1973 Constitution: It shall be the duty of the citizen
to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to
its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with
the duly constituted authorities in the attainment and preservation of a just and orderly society.

Economic Issues of the 1973 Constitution of the Philippines

President Ferdinand E. Marcos declared martial law in the midst of rising student
movements and an increasing number communist and socialist groups lobbying for reforms in

P a g e 7 | 13
their respective sectors. Leftists held rallies to express their frustrations to the government, this
restiveness culminating in the First Quarter Form, where activists stormed Malacañang Palace only
to be turned back by the Philippine Constabulary. This event in particular left four people dead
and many injured after heavy exchanges of gunfire. There was further unrest, and in the middle of
the disorder on September 21, 1972, Marcos issued Proclamation No. 1081, effectively installing
martial law in the Philippines, a declaration that suspended civil rights and imposed military rule
in the country.
Marcos defended his actions stressing the need for extra powers to quell the rising wave of
violence allegedly caused by the communists. He further justified the decree citing the provisions
from the Philippine Constitution that martial law is in fact a strategic approach to legally defend
the Constitution and protect the welfare of the Filipino people from the dangerous threats posed
by vigilantes that place national security at risk. The emergency rule, according to Marcos's plan,
was to lead the country into what he calls a "New Society".
The move was initially supported by most Filipinos and viewed by some critics as a change
that would solve the massive corruption in the country. Indeed, it ended the clash between the
executive and legislative branches of the government and a bureaucracy characterized by special
interests. The declaration, however, eventually proved unpopular as excesses, continued
corruption, and human rights abuses by the military emerged.
Rice, the foundation of the Philippine economy, is the country’s single most important
crop, and the staple food for much of the population. It is especially important to the country's poor
majority, as both consumers and producers.
In 1973, the martial law regime merged all coconut-related, government operations within
a single agency, the Philippine Coconut Authority (PCA). The PCA was empowered to collect a
levy of P0.55 per 100 kilograms on the sale of copra to be used to stabilize the domestic price of
coconut-based consumer goods, particularly cooking oil. In 1974, the government created the
Coconut Industry Development Fund (CIDF) to finance the development of a hybrid coconut tree.
To finance the project, the levy was increased to P20.
Also in 1974, coconut planters, led by the Coconut Producers Federation (Cocofed), an
organization of large planters, took control of the PCA governing board. In 1975 the PCA acquired
a bank, renamed the United Coconut Planters Bank, to service the needs of coconut farmers, and

P a g e 8 | 13
the PCA director, Eduardo Cojuangco, a business associate of Marcos, became its president.
Levies collected by the PCA were placed in the bank, initially interest-free.
The architects of this technology had one overriding objective: increased food production.
Proponents of the strategy expected, however, that the new rice technology would also have a
positive distributional impact on the poor. Three major benefits were taken to be virtually self-
evident:
1. Increased rice output would, ceteris paribus, lower the price of rice.
➢ Since the poor spend a larger fraction of their income on food than the rich
do, the idea is that they would benefit excessively.
2. Poor farmers would share in the gains to rice producers.
➢ The new technology was labor intensive. This would be a special advantage
to smaller growers who have lower labor costs.
3. Landless agricultural workers would benefit too.
➢ Thanks to the increased demand for labor and the resulting increased
employment and higher wages.

The Gross Domestic Products

The GDP of the Philippines rose during the martial law, rising from $8.0 billion to $32.5
billion in about 8 years. This growth was spurred by massive lending from commercial banks,
accounting for about 62% percent of external debt. As a developing country, the Philippines during
the martial law was one of the heaviest borrowers.
These aggressive moves were seen by critics as a means of legitimizing martial law by
purportedly enhancing the chances of the country in the global market. Much of the money was
spent on pump-priming to improve infrastructure and promote tourism. However, despite the
aggressive borrowing and spending policies, the Philippines lagged behind its Southeast Asia
counterparts in GDP growth rate per capital.
The country, in 1970–1980, only registered an average 3.4 percent growth, while its
counterparts like Thailand, Malaysia, Singapore, and Indonesia garnered a mean growth of 5.4
percent. This lag, which became very apparent at the end of the Marcos Regime, can be attributed
to the failures of economic management that was brought upon by State-run monopolies,
P a g e 9 | 13
mismanaged exchange rates, imprudent monetary policy and debt management, all underpinned
by rampant corruption and cronyism. main characteristics distinguishing the Marcos years from
other periods of our history has been the trend towards the concentration of power in the hands of
the government, and the use of governmental functions to dispense economic privileges to some
small factions in the private sector".
The most fervent of Marcos’ supporters will refer to his two-decade-long administration as
being a “golden age” for the Philippine economy. They highlight the growth during the martial
law years: From 1972 to 1981, the country grew at an average rate of 5.71%. But from 1965 to
1985, the country’s real GDP only grew at an average annual rate of 3.85%. Economists would
also argue that the authoritarian political climate, along with insecure property rights, widespread
corruption, and unproductive, fraudulent debt led to an inevitable economic collapse. During the
final years of the Marcos regime, the economy crashed with negative growth of 7.04% in 1984
and -6.86% in 1985.

Cultural Issues of the 1973 Constitution of the Philippines

MARTIAL LAW AND MUSIC

Although time under martial law has control over print and broadcast media limited the
public’s access to information and ideas, it is also renowned for the flourishing of the arts,
particularly music. Imelda Marcos, the former First Lady, is renowned for having supported artists,
acknowledged their work, and pushed for the use of music to instill joy in the people. Music was
a tool for protest and songs were used to draw attention towards national issues.
Rosalina Abejo, who wrote "Overture 1081" after Martial Law was established in 1972 and
referred to Mrs. Marcos as her "number one patroness," and Felipe Padilla De Leon, Sr., who wrote
the "Bagong Lipunan" hymn and the "Bagong Pasilang" march that were both performed in the
P a g e 10 | 13
public and private sectors, are just a few of the musicians and composers that Mrs. Marcos is
known to have supported. Mrs. Marcos commissioned a number of initiatives to create venues for
the arts, such as the Cultural Center of the Philippines, in an effort to rekindle national pride (CCP).
As per Lucrecia Kasilag, the CCP's President from 1976 to 1986 (and later National Artist for
Music),
During Martial Law was monitored by the Broadcast Media Council, social criticism that
dealt with ethical behavior and moral responsibility were not allowed. It’s true that Music Industry
has bloomed in early 70’s, in fact the popularity of Manila Sound was further supported by
Memorandum Order No. 75-31 of the Broadcast Media Council in 1975, which required all radio
stations to play at least one Filipino composition every hour, a number that increased to three by
1977, in spite of blooming limitations you should obey. You shouldn’t involve politics or anything
that is related to our country’s whereabouts.

PROTEST ART AGAINST THE MARCOS DICTATORSHIP

Protest art against the Marcos dictatorship portrayals of social and political topics by artists
and their critiques during the Ferdinand Marcos presidency. Through a variety of visual arts,
including paintings, murals, posters, editorial cartoons, and comic books, both individual artists
and art collectives expressed their opposition to the Marcos administration.
Materials used in protest rallies also included well-known protest art genres. Numerous
works of art depict the struggles of the working class, including those of laborers and the urban
poor, women, indigenous Filipinos, clergy and religious figures, as well as the antifascist, anti-
colonial, and anti-imperialist movements.
Protest art against the Marcos dictatorship began during his first presidential term in 1965-
1969. Individual artists and art groups expressed their opposition to the Marcus regime through a
variety of visual arts, including paintings, murals, posters, editorial cartoons, and comics. Popular
forums of protest art also provided the materials for protest rallies at the time because it was closely
related to journalism and its daily reporting of social and political issues.

The establishment of artistic organizations devoted to denouncing the Marcos

administration occurred between 1970 and 1972. The group Nagkakaisang Progresibong Artista
at Arkitekto (NPAA), also known as "United Progressive Artists and Architects," was founded in
P a g e 11 | 13
1971 by artists and architects from various colleges. The ideologies of Karl Marx, Vladimir Lenin,
and Mao Tse-Tung influenced NPAA's art. Their art has the characteristic of being "art for the
masses." Members of NPAA immersed themselves in downtrodden areas to engage with the
populace and lead workshops. Others traveled to the countryside to learn about peasant life and to
teach them about politics, sometimes in conjunction with violent conflict.

“Never again, never forget!” We chant to remember, to commemorate, to fight!

If we want to elect good leaders and build a better future for the next generation, we must
never forget or intentionally erase the past that these words refer to.
We have options if we choose to educate ourselves and understand more about our history.
Younger generations have access to a variety of resources, like lesson plans from our teachers,
studying historical context, relatives who experienced martial law, and films from media outlets.
People can express understanding and solidarity without having personally experienced the
memories of anyone or anything.
Just like what Wednesday Addams said from the Netflix series Wednesday, “Those who
forget history are doomed to repeat it.”

P a g e 12 | 13
References

Amnesty International. (2022, September 21). Five things to know about Martial Law in the
Philippines. https://www.amnesty.org/en/latest/news/2022/04/five-things-to-know-about-
martial-law-in-the-philippines/
Constitution Day | GOVPH. (n.d.). Official Gazette of the Republic of the Philippines.
https://www.officialgazette.gov.ph/constitutions/constitution-day/
Constitutionnet. (n.d). Constitutional History of the Philippines.
http://www.constitutionnet.org/country/constitutional-history-philippines
Hernandez, C. (2022). CONSTITUTIONAL AUTHORITARIANISM AND THE PROSPECTS
OF DEMOCRACY IN THE PHILIPPINES on JSTOR.
https://www.jstor.org/stable/24356912
Kann, P. R. (2009, January 28). The Philippines Without Democracy. Foreign Affairs.
https://www.foreignaffairs.com/articles/philippines/1974-04-01/philippines-without-
democracy
La Viña, T. (2016). The travesty of the 1973 Constitution.
https://manilastandard.net/opinion/columns/eagle-eyes-by-tony-la-vina/216640/the-
travesty-of-the-1973-constitution.html
Neil. (2022, March 6). The economic legacy of Marcos - BusinessWorld Online. BusinessWorld
Online. https://www.bworldonline.com/opinion/2022/03/06/434082/the-economic-
legacy-of-marcos/
Nicolas, J. (2018, August 13). Constitutional change and transitory provisions: Lessons from
history - BusinessWorld Online. BusinessWorld Online.
https://www.bworldonline.com/editors-picks/2018/08/13/180152/constitutional-change-
and-transitory-provisions-lessons-from-history/
Official Gazette. Philippine Constitution: 1973 Constitution of the Republic of the Philippines.
https://mirror.officialgazette.gov.ph/
Robert John Donesa. (2021). Mga Babasahin sa Kasaysayan ng Pilipinas: Ang Mga Saligang Batas
ng 1899, 1935, 1973 at 1987. https://www.youtube.com/watch?v=-xamqLdD-v0
Rüland, J. (n.d.). CONSTITUTIONAL DEBATES IN THE PHILIPPINES From Presidentialism
to Parliamentarianism? Asian Survey, 43(3), 461–484.
https://library.fes.de/libalt/journals/swetsfulltext/17768954.pdf
Saban, B. (n.d.) MARTIAL LAW AND MUSIC
https://www.filipinaslibrary.org.ph/himig/martial-law-and-music/
WORKSTATION6A. (n.d.). The report of an Amnesty International Mission to The Republic of
the philippines. Amnesty Philippines. https://www.amnesty.org.ph/wp-
content/uploads/2014/11/asa350251982en.pdf

P a g e 13 | 13