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The Philippine Constitution

The fundamental law of the land in the Philippines.

The 1973 Constitution and the Marcos Dictatorship

Marcos Dictatorship
On June 1,1971, a Constitutional Convention was convened at the Manila Hotel. Its purpose
was to write a new constitution that would meet the challenges confronting the Philippine
Republic that developed since it was formed in 1946.
1946, The second term of President Ferdinand Marcos that the convention opened.
September 21,1972, President Marcos declares martial law.
November 30, the convention was reconvened, and a draft constitution was finally finished
and approved.
January 10-15, 1972, the plebiscite was held, and the constitution was approved.

The 1973 Constitution


January 17,1973, President Marcos signed Proclamation No.1102, declaring the 1973
Constitution.
The 1973 Constitution provide for a parliamentary for of government in which the President
was the symbolic head of state, and the Prime Minister was the head of government.
The constitution provided for the establishment of the Civil Service Commission the
Commission on Elections, and the Commission on Audit.
The 1973 Constitution remained in force until the February 22-25 EDSA People Power
Revolution of 1986, which toppled the Marcos administration.

The Freedom Constitution (1986)


On March 24,1986, the 1986 Freedom Constitution: issued by President
Corazon Aquino after the people power revolution, it served as a Provisional
Constitution from 1986 to 1987. It was signed Proclamation No.3 entitled
“Declaring a National Policy to Implement the Reforms Mandated by the
People, Protecting their Basic Rights, Adopting a Provisional Constitution,
and Providing for an Orderly Transition to a Government under New
Constitution.”
Under the Freedom Constitution, the President continues to exercise legislative
powers until a legislature was convened under a new constitution. (1987
Constitution). They appoint the members of a Constitutional Commission tasked
to draft a new charter.

The 1987 Constitution


Provides that we should establish a Government which shall "conserve and develop our
patrimony.

By virtue of Sec. 1, Article 5 of the Freedom Constitution, President Aquino issued on


April 23, 1986 Proclamation No. 9, constituting a Constitutional Commission (CONCOM)
charged with drafting a new constitution not later than September 2, 1986.
May 26, 1986, appointed the 50 CONCOM members representing the various sectors of
society from politics to the arts and religion by President Aquino.
On June 2 the ConCom, headed by former Justice Cecilia Mao Palma, commenced its
sessions at the Batasang Pambansa in Quezon City. The ConCom completed their task President
Aquino on October 15. After a period of nationwide October 12, 1986, and presented the draft
constitution to President Aquino on October 15. After a period of nationwide information
campaign, a plebiscite for its ratification was held on February 2, 1987.
On February 11, 1987, the New Constitution was proclaimed ratified and in effect. On that
same day, President Aquino, government officials, and the military pledged allegiance to the
New Constitution.
The 1987 Constitution consists of 18 articles with preamble. Among its significant provisions
are as follows:

1. A Presidential system of government restores the bicameral Congress of the Philippines,


composed of Senate and a House of Representatives.
2. A modified Bill of Rights (Article III; details the rights of every Filipino citizen). Much
emphasis was placed on the writing of this provision after the violations committed during
the Marcos dictatorship. In addition, the constitution includes the abolition of death penalty,
except when Congress provides otherwise with regard to "heinous crimes."
3. The creation of Commission on Human Rights which, under Section 18, Article XIII,
investigate all forms of human rights violations involving civil and political rights. It
provides appropriate legal measures for the protection of human rights of all persons within
the Philippines, and several other powers in relation to the protection of rights.
4. The recognition of an Autonomous Region of Muslim Mindanao and the Cordilleras
5. Limited political autonomy for local government units like the provinces, cities,
municipalities, and barangays, and instructing the Congress to establish a Local Government
Code.

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