DISTINCTION BETWEEN THE 1935, 1973 AND 1987 PHIL.

CONSTITUTION

1935 Constitution 1973 Constitution 1987 Constitution

SUFFRAGE:  Only male citizens  By citizens of the Philippines  By all citizens of the Philippines
 At least 21 years of age  At least 18 years of age  At least eighteen (18) years of age
 Able to read and write  No literacy, property or other substantive  Residence for at least one year and six months in the
 Residence for at least one year and six months in requirement on the exercise of suffrage place propose to vote preceding the elections
the place propose to vote preceding the elections  Residence for at least one year and six months in  No literacy, property or other substantive requirement
 Extend right to vote for women after voting the place propose to vote preceding the elections on the exercise of suffrage
affirmatively in a plebiscite for that purpose and at  The Batasang Pambansa shall provide a system for  The congress shall provide a system for securing the
least voted by three hundred thousand women the purpose of securing the secrecy and sanctity of secrecy and sanctity of the ballot as well as the system
possessing the necessary qualifications the vote for absentee voting by qualified Filipinos abroad
 The congress shall also design a procedure for the
disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be
allowed to vote under existing laws and such rules as the
commission on elections may promulgate to protect the
secrecy of the ballot.
KIND OF CONGRESS  National Assembly  Batasang Pambansa  Congress
COMELEC:  One chairman and two commissioners  One chairman and eight commissioners  One chairman and six commissioners
COMPOSITION
APPOINTED BY  By the president with the consent of commission  By the prime minister  By the president with the consent of commission on
on appointments appointments
QUALIFICATIONS OF MEMBERS  None  Natural-born citizens  Natural-born citizens
 At least 35 years of age at the time of appointment  At least 35 years of age at the time of appointment
 Holder of college degree but majority, including the  Holder of college degree but majority, including the
chairman, shall be members of the Philippine bar chairman, shall be members of the Philippine bar and
and engaged in the practice of law for at least ten engaged in the practice of law for at least ten years
years  Must not have been candidates for any elective positions
in the immediately preceding elections
IN CASES OF VACANCY  None  Appointments to any vacancy shall be only for the  Appointments to any vacancy shall be only for the
unexpired portions of the term of the predecessor unexpired term of the predecessor
 In no case shall any member be appointed or designated
in a temporary or acting capacity.

NUMBER OF MEMBERS AND TERM OF OFFICE Three (3) members nine (9) members seven (7) members
(chairman and two commissioners) (chairman and eight commissioners) (chairman and six commissioners)

 One – for nine (9) years  Three – for seven (7) years  Three – for seven (7) years
 One – for six (6) years  Three – for five (5) years  Two – for five (5) years
 One – for three (3) years  Three – for three (3) years  Two – for three (3) years
REMOVAL OF OFFICE  Only by impeachment  Only by impeachment  Only by impeachment
SALARY (ANNUAL)  Chairman – twelve (12) thousand pesos  Chairman – sixty (60) thousand  The salary of the chairman and the commissioners shall
 Commissioners – ten (10) thousand pesos  Commissioners – fifty (50) thousand be fixed by law and shall not be decreased during their
tenure.
POWERS AND FUNCTIONS  Exclusive charge of the enforcement and  Enforce and administer all laws relative to the  Enforce and administer all laws and regulations relative
administration of all laws relative to the conduct of conduct of elections. to the conduct of an election, plebiscite, initiative,
elections referendum, and recall.
 Exercise all other functions which may be  Be the sole judge of all contests relating to the  Exercise exclusive original jurisdiction over all contests
conferred upon it by law elections, returns, and qualifications of all members relating to the elections, returns, and qualifications of all
 Decide, save those involving the right to vote, all of the national assembly and elective provincial and elective regional, provincial, and city officials, and
administrative questions affecting elections, city officials. Provincial and city officials. appellate jurisdiction over all contests involving elective
including:  Decide, save those involving the right to vote, municipal officials decided by trial courts of general
 The determination of the number and location of administrative questions affecting elections, jurisdiction, or involving elective barangay officials
polling places including the determination of the number and decided by trial courts of limited jurisdiction.
 The determination of the number and location of location of polling places, the appointment of  Decisions, final orders, or rulings of the commission on
polling places, and the appointment of election election officials and inspectors, and the registration election contests involving elective municipal and
inspectors and of other election officials of voters. barangay offices shall be final, executory, and not
appealable.
 Deputize, with the consent or at the instance of the
prime minister, law enforcement agencies and  Decide, except those involving the right to vote, all
instrumentalities of the government, including the questions affecting elections, including determination of
armed forces of the Philippines, for the purpose of the number and location of polling places, appointment
ensuring free, orderly, and honest elections. of election officials and inspectors, and registration of
voters.
 Register and accredit political parties subject to the  Deputize, with the concurrence of the president, law
provisions of section eight hereof. enforcement agencies and instrumentalities of the
 Recommend to the national assembly effective government, including the armed forces of the
measures to minimize election expenses and Philippines, for the exclusive purpose of ensuring free,
prohibit all forms of election frauds and orderly, honest, peaceful, and credible elections.
malpractices, political opportunism, guest or  Register, after sufficient publication, political parties,
nuisance candidacy, or other similar acts. organizations, or coalitions which, in addition to other
requirements, must present their platform or program
 Submit to the president, prime minister, and the
of government; and accredit citizens' arms of the
national assembly a report on the conduct and
commission on elections. Religious denominations and
manner of each election.
sects shall not be registered. Those which seek to
 Perform such other functions as may be provided by achieve their goals through violence or unlawful means,
law. or refuse to uphold and adhere to this Constitution, or
 The commission may recommend to the prime which are supported by any foreign government shall
likewise be refused registration.
minister the removal of, or any other disciplinary
 Financial contributions from foreign governments and
action against, any officer or employee it has their agencies to political parties, organizations,
deputized, for violation or disregard of, or coalitions, or candidates related to elections, constitute
disobedience to its decision, order, or directive. interference in national affairs, and, when accepted,
shall be an additional ground for the cancellation of their
 Section 3. The commission on elections may sit en
registration with the commission, in addition to other
banc or in three divisions. All election cases may be penalties that may be prescribed by law.
heard and decided by divisions, except contests  File, upon a verified complaint, or on its own initiative,
involving members of the national assembly, which petitions in court for inclusion or exclusion of voters;
shall be heard and decided en banc. Unless investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions
otherwise provided by law, all election cases shall
constituting election frauds, offenses, and malpractices.
be decided within ninety days from the date of their  Recommend to the congress effective measures to
submission for decision. minimize election spending, including limitation of
 Section 4. The commission may recommend to the places where propaganda materials shall be posted, and
 prime minister the removal of, or any other to prevent and penalize all forms of election frauds,
offenses, malpractices, and nuisance candidacies.
disciplinary action against, any officer or employee
 Recommend to the president the removal of any officer
it has deputized, for violation or disregard of, or or employee it has deputized, or the imposition of any
disobedience to its decision, order, or directive. other disciplinary action, for violation or disregard of, or
 Section 5. The enjoyment or utilization of all disobedience to, its directive, order, or decision.
franchises or permits for the operation of  Submit to the president and the congress, a
comprehensive report on the conduct of each election,
transportation and other public utilities, media of
plebiscite, initiative, referendum, or recall.
communication, all grants, special privileges, or  Section 3. The commission on elections may sit en banc
concessions granted by the government, or any or in two divisions, and shall promulgate its rules of
subdivision, agency or instrumentality thereof, procedure in order to expedite disposition of election
including any government-owned or controlled cases, including pre- proclamation controversies. All
such election cases shall be heard and decided in
corporation, may be supervised or regulated by the division, provided that motions for reconsideration of
commission during the election period for the decisions shall be decided by the commission en banc.
purpose of ensuring free, orderly, and honest  Section 4. The commission may, during the election
elections. period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation
 Section 6. Unless otherwise fixed by the commission
of transportation and other public utilities, media of
in special cases, the election period shall commence communication or information, all grants, special
ninety days before the day of election and shall end privileges, or concessions granted by the government or
thirty days thereafter. any subdivision, agency, or instrumentality thereof,
 Section 7. No pardon, parole, or suspension of including any government-owned or controlled
corporation or its subsidiary. Such supervision or
sentence for violation of the law or rules and regulation shall aim to ensure equal opportunity, and
regulations concerning elections be granted without equal rates therefor, for public information campaigns
the recommendation of the commission. and forums among candidates in connection with the
 Section 8. A political party shall be entitled to objective of holding free, orderly, honest, peaceful, and
credible elections.
accreditation by the commission if, in the
 Section 5. No pardon, amnesty, parole, or suspension of
immediately preceding election, such party has sentence for violation of election laws, rules, and
obtained at least the third highest number of votes regulations shall be granted by the president without the
cast in the constituency to which it seeks favorable recommendation of the commission.
accreditation. No religious sect shall be registered as  Section 6. A free and open party system shall be allowed
to evolve according to the free choice of the people,
a political party and no political party which seeks to subject to the provisions of this article.
achieve its goals through violence or subversion  Section 7. No votes cast in favor of a political party,
shall be entitled to accreditation. organization, or coalition shall be valid, except for those
 Section 9. registered under the party-list system as provided in this
 Bona fide candidates for any public office shall be Constitution.
free from any form of harassment and  Section 8. Political parties, or organizations or coalitions
discrimination. registered under the party-list system, shall not be
represented in the voters' registration boards, boards of
 No party or candidate shall have membership in the election inspectors, boards of canvassers, or other
registration board, board of election inspectors, similar bodies. However, they shall be entitled to
board of canvassers, or other similar bodies. appoint poll watchers in accordance with law.
 Section 9. Unless otherwise fixed by the commission in
 Section 10. No elective public officer may change his special cases, the election period shall commence ninety
political party affiliation during his term of office
 and no candidate for any elective public office may days before the day of election and shall end thirty days
change his political party affiliation within six thereafter.
months immediately preceding or following an  Section 10. Bona fide candidates for any public office
election. shall be free from any form of harassment and
discrimination.
 Section 11. Funds certified by the commission as
necessary to defray the expenses for holding regular and
special elections, plebiscites, initiatives, referenda, and
recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released
automatically upon certification by the chairman of the
commission.
DECISIONS, ORDERS, RULINGS AND RESOLUTIONS  Subject to review by the supreme court  Maybe brought to the supreme court by certiorari  Unless otherwise provided by this Constitution or by law,
within 30 days from receipt of a copy thereof any decision, order, or ruling of each commission may be
brought to the supreme court on certiorari by the
aggrieved party within thirty days from receipt of a copy
thereof.

PROHIBITION TO HOLD OTHER OFFICE AND  Member of the Constitutional Commission shall  No Member of the Constitutional Commission shall,  No member of a Constitutional Commission shall, during
PRACTICE OF PROFESSIONS not, during their continuance in office, engage in during his tenure in office, engage in the practice of his tenure, hold any other office or employment. Neither
the practice of any profession, or intervene, any profession or in the management of any shall he engage in the practice of any profession or in
directly or indirectly, in the management or control business, or be financially interested directly or the active management or control of any business
of any private enterprise which in any way may be indirectly in any contract with, or in any franchise or which, in any way, may be affected by the functions of
affected by the functions of their office privilege granted by, the government, or any his office, nor shall he be financially interested, directly
 Nor shall they, directly or indirectly, be financially subdivision, agency, or instrumentality, thereof, or indirectly, in any contract with, or in any franchise or
interested in any contract with the Government or including government- owned or controlled privilege granted by the Government, any of its
any subdivision or instrumentality thereof corporations subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
 SYSTEM OF GOVERNMENT UNDER 1987 CONSTITUTION

Branch Hierarchy Appointment Powers Removal

Executive
President Elected by a direct vote  Nominates the Cabinet and  Upon the end of 6
other high officials year term
Cabinet  Nominated by the President and  Head of Government  Upon resignation
confirmed by a commission on  Ensures faithful execution of  Upon impeachment
appointments the laws by the legislature
 Commander-in-Chief of the
Armed Forces
 Contracts for foreign loans  Upon removal by the
 Declares martial law President
 Upon resignation

 Advises the President

Legislative
Senate  Elected by a direct vote  Election monitoring  Upon resignation
 Introduces and passes  Upon the end of a 6 -
House of legislation by a majority vote year term
Representatives 
 Elected by districts or a party-list Conductes inquiries in pursuit
system of passing legislation
 Declares war with joint two-  Upon resignation
thirds vote of Congress  Upon the end of a 3-
year term

 Election monitoring
 Introduces and passes
legislation
 Introduces and passes financial
legislation
 Conduct inquiries in pursuit of
passing legislation
 Declaring war with joint two-
thirds vote of Congress

Judicial
Supreme Court  Appointed by the President  Administrative supervision over  Upon resignation
other courts  Upon reaching the
 Jurisdiction over cases involving age of 70
ambassadors and public
officials
 Constitutional review

Issues and Challenges

Issues Challenges
 Economic development – how to ensure that economic growth also  Corruption
benefits the poorer classes?  Poor law enforcement and an ineffective justice system
 Minority rights – how to ensure multi-ethnicity and pluralism for  Lack of transparency and accountability in public office
religious and ethnic minorities?  Polarization between the few who are wealthy and the many
 De-concentration of power – how to reduce the considerable power who are poor
of the political and economic elites and give more actual power to  Weak actual protection of the human rights of vulnerable
the people? groups (women, children, minorities, journalists, political
 Better governance – how to make government more effective in activists)
meeting the nation’s aspirations?  Involvement of the military in political questions
 Spreading growth – how to have more even regional development?  Ending the Muslim insurgency in southern Mindanao

Timeline

1542 Spanish claim the islands

1898 Spain cedes the Philippines to the US
1902 US establishes civil government to replace military rule
1935 The Commonwealth of the Philippines is established under President Manuel Quezon and the US promises independence in 10 years
1941 Japanese forces invade the islands
1944 The US retakes the islands
1946 The US grants the new Republic of the Philippines full independence
1965 Ferdinand Marcos becomes President
1969 Marcos is reelected despite allegations of elections fraud, Vietnam protests begin, Muslim separatists begin guerrilla war in the south
1972 Marcos declares martial law, suspends parliaments, arrests opposition leaders, and imposes censorship regulations
1973 New Constitution adopted granting Marcos broad powers
1981 Marcos wins reelection, martial law lifted
1983 Oppoisiton leader Benigno Aquino killed as he returns to the Philippines from exile
1986 Marcos opposed in elections by Aquino’s widow Corazon, mass protests of election results in favour of Marcos forces him into exile
11 February New Constitution passed
1987
1992 Aquino replaced as President by defence minister Fidel Ramos
1996 Peace agreement signed with Muslim separatist group
1998 Joseph Estrada, former film star, elected President
January 2000 Impeachment trial against Estrada suspended, leading to mass protests which replace Estrada with Vice-President Gloria Arroyo
April 2001 Estrada found guilty of stealing more than 80 million dollars of state funds during Presidency, but later pardoned
June 2004 Arroyo elected to Presidency
2005 Arroyo resists attempt to impeach her under allegations of vote-rigging, declares a state of emergency in response to an alleged
military coup
2007-2009 Ethnic tensions mount between Islamic separatist groups and Christian majority
June 2010 Beningo “Noynoy” Aquino, son of Corazon Aquino, elected President