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Everyone!

PREVIOUS PHILIPPINE CONSTITUTIONS

( 1 9 4 3 & 1 9 7 3 C 0 N S T I TU T I O N S )
INTENDED LEARNING OUTCOMES
At the end of the lesson, you should be able to

1. Describe the salient features of the previous Philippine Constitutions (1943

& 1973 Philippine Constitution).
HISTORICAL BACKGROUND OF THE 1943
CONSTITUTION
The 1943 Constitution was the constitution of the Japanese-sponsored Second Republic of the
Philippines (1943-1945). It was recognized as legitimate and binding only in Japanese-
controlled areas of the Philippines but was ignored by the United States government and
the Philippine Commonwealth government in-exile. In June 1943, the Preparatory Commission
for Philippine Independence (PCPI), composed of 20 delegates, was created to draft a new
constitution by the Kalibapi [Kapisanan sa Paglilingkod sa Bagong Pilipinas], the only political
organization allowed at that time. The Japanese monitored the drafting of the constitution and
instructed the members of PCPI, led by Jose P. Laurel, that the constitution should conform
with the principles of the Greater East Asia Co-Prosperity Sphere. In September 1943, the draft
constitution was unanimously approved by all members of the PCPI and was submitted for
ratification in a popular convention of the Kalibapi in Manila.

Source: https://sites.google.com/site/emersonmadayag/emers
Salient Features of the 1943 Constitution
The 1943 Constitution of the Republic of the Philippines, composed of a preamble and twelve articles,
creates a Republican state with a powerful executive branch and subordinate legislative and judicial branches.
The executive power is vested in the President, who is to be elected by the members of the National
Assembly from among themselves.
The President is the head of government, and commander-in-chief of the Armed Forces. The powers of the
President are: to veto any bill of the Assembly, to promulgate regulations when the Assembly is not in session
and in times of war or national emergency, to declare martial law, to suspend the privilege of the writ of
habeas corpus, and to appoint the members of the Council of State and officials of the local government.
A limited legislative power is exercised by the unicameral National Assembly whose members, like the
President, are not directly elected by the people. Rather, the Assembly is to be composed of representatives
from each province elected in Kalibapi conventions throughout the country with appointed governors and
mayors as ex-officio members.
The judicial powers is exercised by the Supreme Court whose justices, together with judges of lower courts,
are to be appointed by the President.
Historical Background of the 1973 Constitution

 On24 August 1970, Congress enacted RA No. 6132, otherwise

known as the Constitutional Convention Act, for the purpose of
convening a Constitutional Convention.
While in the process of drafting a new Constitution, President
Ferdinand Marcos declared Martial Law on 21 September 1972.
 Historical Background of the 1973 Constitution
The 1973 Constitution was turned into a tool by the Marcos regime to perpetuate itself in
power. Having declared martial law earlier, Marcos issued Presidential Decree No. 86 calling for
the cancellation of the plebiscite and instituted barangays’ citizens’ assemblies to ratify the
new constitution by a referendum from 10–15 January 1973. This was challenged before the
Supreme Court in what became known as the ratification and plebiscite cases.
These involved petitions assailing the proposed ratification upon the grounds, among others, that
the presidential decree “has no force and effect as law because the calling... of such plebiscite, the
setting of guidelines for the conduct of the same, the prescription of the ballots to be used and the
question to be answered by the voters, and the appropriation of public funds for the purpose, are,
by the Constitution, lodged exclusively in Congress...” and “there is no proper submission to the
people there being no freedom of speech, press and assembly, and there being no sufficient time
to inform the people of the contents thereof.”
Citizens’ Barangay Assemblies
 Salient Features of the 1973 Constitution
The Constitution of the Philippines is the supreme law of the Philippines. The 1973 Constitution , composed of a
preamble and 17 articles, provides for the shift from presidential to parliamentary system of government.
The Constitution vests the legislative power in the National Assembly. A Prime Minister is elected from among the
members of the National Assembly and serves as the head of government and commander-in-chief of the Philippine
Armed Forces.
A President is elected from among the members of the National Assembly and serves as the symbolic head of state
with a six-year term.
The judicial power is vested in the Supreme Court, composed of a Chief Justice and 14 Justices.
The National Assembly exercises the power to define, prescribe and apportion the jurisdiction of the lower courts.
All justices of the Supreme Court and judges of the lower courts are appointed by the Prime Minister.
 This Constitution retains the independence of the Commission on Elections and establishes two independent
Constitution al bodies [Civil Service Commission and the Commission on Audit] as well as the National Economic
Development Authority [NEDA].
Source: https://en.wikisource.org/wiki/Constitution_of_the_Philippines_(1973)