Philippine Judicial System

from 1973 - 1986

Martial Law
In Marcos Regime:
 The communist party of the Philippines formed the New
People’s Army in response to his shaky hold over the
nation
 Moro National Liberation Front continued to fight for an
independent Muslim nation in Mindanao
 On August 21, 1971 an explosion during the proclamation
rally of the Liberal Party happened and prompted
Marcos to suspend the writ of Habeas corpus but which
was restored on January 11, 1972.
Writ of Habeas Corpus
Par. 2 of Sec 11 of the 1935 Constitution provides that:

The President shall be commander-in-chief of all armed

forces of the Philippines and, whenever it becomes
necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion,
insurrection, or rebellion, or imminent danger
thereof, when the public safety requires it, he may
suspend the privileges of the writ of habeas
corpus, or place the Philippines or any part thereof
under martial law.
 On Sept. 21, 1972, Marcos declared martial law by virtue of Proclamation
No. 1081.
The press freedom and other civil liberties are
curtailed
Abolished Congress
Closed down major media establishments
Ordered the arrest of opposition leaders and militant
activists
Crime rates plunged dramatically after a curfew was
implemented
A prelude to creating a “New Society” based on new
social and political values.
Constitutional Convention
It is a gathering for the purpose of writing a
new constitution or revising an existing constitution. 

In 1970 a constitutional convention was called to

replace the colonial 1935 Constitution. After
declaration of martial law the framing of the new
constitution was continued.
The new constitution went into effect in early 1973.
The 1973 Constitution
Supposed to introduce a parliamentary style of
government
The legislative power is vested in National Assembly
The President shall be elected from among the
Members of the National Assembly by a majority vote
of all its Members for a term of six years from the date
he takes his oath of office and can be re-elected to an
unlimited number of terms
The 1973 Constitution
Executive power was meant to be exercised by
the Prime Minister who was also elected from amongst
the sitting Assemblymen.
The Prime Minister was to be the head of government
and Commander in chief of the Armed Forces
The Supreme Court is compose of a Chief Justice and
fourteen Associate Justices. (previously 10 Associates)
Amendments in 1973 Constitution
1976 amendments
- Interim Batasang Pambansa substitutes the Interim
National Assembly
- The President would also become the Prime Minister
and would continue to exercise legislative powers

Sixth Amendment
-authorized the president to legislate on his own on an
“emergency” basis. (orders, decrees, letter of
instructions)
Amendments in 1973 Constitution
1980 amendments
 the retirement age of the members of the judiciary was
extended to 70 years

1981 amendments
 The false parliamentary was modified into a French-style
semi-presidential system
French-style semi-presidential system
executive power was restored to the President;
direct election of the President was restored;
an Executive Committee composed of the Prime
Minister and not more than 14 members was created
to "assist the President in the exercise of his powers
and functions and in the performance of his duties as
he may prescribe;" and the Prime Minister was a mere
head of the Cabinet.
Amendments in 1973 Constitution
1984 amendments
 abolished the Executive Committee
 restored the position of Vice-President
Changes in 1973 Constitution
the House of Representatives became known as the
"Batasang Pambansâ" (National Assembly)
Departments became "Ministries", and their cabinet
secretaries became known as "cabinet ministers“
 President's assistant – the Executive Secretary – now
being styled the "Prime Minister"
Marcos' purported parliamentary
system in practice functioned as an 
authoritaritan presidential system,
with all real power concentrated in
the hands of the President but with
the premise that such was now
constitutional.
On January 17, 1981, Marcos officially lifted martial law.
However, he retained much of the government’s power
for arrest and detention. Corruption and nepotism as
well as civil unrest contributed to a serious decline in
economic growth and development under Marcos.