N T E N

T
CO
VS.
VS.
VS.
5. THE 1935 CONSTITUTION
AND THE
COMMONWEALTH
GOVERNMENT
THE 1935 CONSTITUTION
 4. JAPANESE OCCUPATION
AND THE SECOND PHILIPPINE
REPUBLIC (1943
CONSTITUTION)
KALIBAPI
 KALIBAPI
KAPISANAN NG PAGLILINGKOD SA BAGONG PILIPINAS
1943 CONSTITUTION
1943 CONSTITUTION
5. The 1973
Constitution and the
Marcos Dictatorship
"The 1973 Constitution under
Marcos was like rewriting the
rulebook so he could stay
captain of the team forever—
because why play fair when
you can just change the
game?"
 FERDINAND EMMANUEL EDRALIN MARCOS
Tenth President
Sixth President of The Third Republic
1965-1986

“This nation can be great again. This I have said over

and over. It is my articles of faith and Divine
Providence has willed that you and I can now
translate this faith into deed."

In 1949, he said;
"Elect me your congressman now and I'll give you an
Ilokano President in 20 years"
CONSTITUTIONAL CONVENTION
June 1, 1971
A Constitutional Convention was
convened in 1971 to rewrite the 1935
Constitution at the Manila Hotel to
address challenges the Philippines
was facing. This happened in 1946
during the second term of President
Ferdinand E. Marcos.
CONSTITUTIONAL CONVENTION
June 1, 1971
The convention was stained with
manifest bribery and corruption.
President Ferdinand E. Marcos proposed
to remove the presidential term limit.
This change would have allowed
President Ferdinand E. Marcos to run
for a third term. Many believed that this
was the true purpose behind calling the
convention.
 What is a presidential term limit?
A) A rule that restricts how many terms a president can serve.
B) A rule that determines the length of each presidential term.
C) A rule that allows a president to serve indefinitely as long as they
continue winning elections.
D) A law that sets a maximum age for a president to serve in office.
 What is a presidential term limit?
A) A rule that restricts how many terms a president can serve.
B) A rule that determines the length of each presidential term.
C) A rule that allows a president to serve indefinitely as long as they
continue winning elections.
D) A law that sets a maximum age for a president to serve in office.
CONSTITUTIONAL CONVENTION
The convention became controversial,
focusing on speeches and allowances
rather than actual discussions. The
First Quarter Storm led to protests
and student rallies, and delegate
Eduardo Quintero accused Marcos of
bribing delegates to extend the
presidential term and change the
government form.
 Marcos declared martial law, abolished Congress,
SEPTEMBER 21, and reorganized the government, halting the
1972: convention temporarily.
Martial law is a situation in which military authorities
assume control over normal civilian functions, usually
in response to emergencies such as war, civil unrest, or
natural disasters. Under martial law, civil rights may
be suspended, military personnel enforce laws, and
military courts may replace civilian courts. It is
typically a temporary measure, but can lead to
significant debate regarding its necessity and potential
for abuse of power.
The Marcos dictatorship, which lasted from 1972 to
1986, was characterized by widespread human rights
violations, including:
Extrajudicial Killings
Enforced Disappearances
Torture
Arbitrary Detention
Suppression of Free Speech
Economic Mismanagement
 Victims
PACITA ARMANDA, 64 GEORGE OBEDOSA, 74 CARMENCITA FLORENTINO, 72
 Several days later, the convention
was reconvened and a draft
constitution was finally finished and
approved on November 30.
January 10-15,
1973
A plebiscite was held, with overwhelming
approval for the constitution through
“citizen assemblies.”
On January 17, 1973, President Marcos signed Proclamation No. 1102, officially declaring the
1973 Constitution ratified. Its primary goal was to introduce a parliamentary-style government in
the country.
Legislative Power Three Key Role of the
in the National Commissions President
Assembly
1. Civil Service Commission The President, under the 1973
Legislative power was (CSC) – Manages government Constitution, was envisioned to be a
placed in a unicameral employees. symbolic and purely ceremonial head
National Assembly, meaning 2. Commission on Elections of state. The President would be
(COMELEC) – Oversees selected from among the Members of
there was only one
elections. the National Assembly and serve a six-
legislative body (no Senate).
3. Commission on Audit year term. Notably, there was no limit
Members of the Assembly
(COA) – Audits government to the number of times the President
were elected for six-year finances. could be re-elected.
terms.
 President’s Role and Executive Power and the Role
Restrictions of the Prime Minister

Once elected, the President Under the 1973 Constitution, executive power was
meant to be exercised by the Prime Minister, who
would no longer be a Member of
would be elected from among the sitting members
the National Assembly. During of the National Assembly. The Prime Minister was
their term, the President was intended to be the head of government, responsible
for the administration of the country, and also
prohibited from being a member
served as the Commander-in-Chief of the Armed
of any political party or holding Forces.
any other governmental office.
The 1973 Constitution was amended four times in after its enactment. These amendments further
strengthened the power of Marcos and the system he had set up under martial law.
MAIN TOPIC IV | THE PHILIPPINE CONSTITUTION | LESSON 2

On October 16-17, 1976, a

majority of voters from the
barangays (neighborhood units),
also known as Citizen Assemblies,
approved the continuation of
martial law. During this time, these
assemblies also ratified the
amendments to the Constitution
proposed by Marcos, which
effectively kept him in power and
allowed for the continuation of
martial law.
1976 AMENDMENTS TO THE
CONSTITUTION
Creation of the Interim Batasang Pambansa
(IBP):
This amendment substituted the Interim National
Assembly with the Interim Batasang Pambansa (IBP),
a new legislative body that would take over the
legislative functions during the period of martial law.

President Becomes the Prime Minister:

Another amendment granted President Marcos the
dual role of both President and Prime Minister. This
allowed him to continue holding executive power,
while also assuming the functions of the head of
government. Marcos would maintain control over
legislative powers until martial law was lifted.
The Sixth Amendment 1976 amendments created the
gave the President the Interim Batasang Pambansa
power to legislate during (IBP), replacing the Interim
emergencies, issuing National Assembly, and
allowed Marcos to hold both
decrees, orders, or letters the President and Prime
of instruction that would Minister roles, consolidating
become law if the executive and legislative
National Assembly powers as long as martial law
couldn’t act or if there was was in effect.
a grave threat.
 1980 Amendment: Judicial Retirement Age
Extended the retirement age for judiciary members, including judges and
justices, to 70 years, allowing longer tenure.
1981 Amendments: Shift to a Semi-Presidential System
Restoration of Executive Direct Election of the Creation of the Executive Committee:
Power to the President: President: Formed an Executive Committee,
Reinstituted the including the Prime Minister and up to
Returned executive authority
popular vote for 14 members, to assist the President;
to the President, making him electing the reduced the Prime Minister’s role to a
the central governing figure. President. mostly symbolic Cabinet head.
Other Changes:
Electoral Reforms: Introduced measures to
improve the election process.
Land Ownership Provision: Allowed
natural-born Filipinos who lost citizenship to
own private land for residential purposes.
 1984 Amendments
Abolition of the Executive Committee: The 1984 amendments
eliminated the Executive Committee and reinstated the position
of Vice President, which had been a central role in the 1935
Constitution but was absent in the 1973 version. This
restoration marked a return to a more familiar political
structure, as the Vice Presidency served as a check and
successor to the President.
Although the 1973 Constitution aimed to establish a parliamentary system,
with executive powers intended for the Prime Minister and the National
Assembly (Batasang Pambansa), President Marcos maintained his control
through manipulative tactics.

Subterfuge and Manipulation:

Instead of transferring power to the Assembly and
Prime Minister, Marcos used methods that
allowed him to retain control, making the
parliamentary system largely theoretical.
 Final Form of the 1973 Constitution
After multiple amendments, the 1973 Constitution ultimately became a modified
authoritarian presidential system rather than a true parliamentary model.

Elimination of the Cosmetic Rewording: While the Authoritarian Presidential System: In

Senate: The terminology was changed to reflect a practice, real power remained concentrated
Senate was parliamentary system—renaming the
removed, a in Marcos’s hands, creating an
House of Representatives to the
departure from authoritarian presidential system under the
Batasang Pambansa, government
the American- guise of a parliamentary model. This system
influenced departments to ministries, and the
Executive Secretary as the Prime
provided a constitutional justification for
bicameral system
in the 1935 Minister—the structure remained Marcos’s rule rather than establishing
Constitution. highly centralized under Marcos. genuine parliamentary governance.
 ARTICLE I: NATIONAL TERRITORY (1 SECTION)
1973 CONSTITUTION ARTICLE II: DECLARATION OF PRINCIPLES AND STATE
POLICIES (10 SECTIONS)
Preamble ARTICLE III: CITIZENS (4 SECTIONS)
ARTICLE IV: BILL OF RIGHTS (23 SECTIONS)
We, the sovereign Filipino people, ARTICLE V: DUTIES AND OBLIGATIONS OF CITIZENS (4 SECTIONS)
imploring the aid of Divine Providence, in ARTICLE VI: SUFFRAGE (1 SECTION)
ARTICLE VII: THE PRESIDENT AND VICE-PRESIDENT (6 SECTIONS)
order to establish a government that shall ARTICLE VIII: THE NATIONAL ASSEMBLY (20 SECTIONS)
embody our ideals, promote the general ARTICLE IX: THE PRIME MINISTER AND THE CABINET
(16 SECTIONS)
welfare, conserve and develop the ARTICLE X: THE JUDICIARY (12 SECTIONS)
ARTICLE XI: LOCAL GOVERNMENT (5 SECTIONS)
patrimony of our Nation, and secure to
ARTICLE XII: THE CONSTITUTIONAL COMMISSIONS (23 SECTIONS)
ourselves and our posterity the blessings of ARTICLE XIII: ACCOUNTABILITY OF PUBLIC OFFICERS
(6 SECTIONS)
democracy under a regime of justice, peace, ARTICLE XIV: THE NATIONAL ECONOMY AND THE PATRIMONY
liberty, and equality, do ordain and OF THE NATION (15 SECTIONS)
ARTICLE XV: GENERAL PROVISIONS (16 SECTIONS)
promulgate this Constitution. ARTICLE XVI: AMENDMENTS (2 SECTIONS)
ARTICLE XVII: TRANSITORY PROVISIONS (16 SECTIONS
The 1973 Constitution remained in
effect until the February 22-25
EDSA People Power Revolution in
1986, which led to the downfall of
the Marcos administration. It was
then abolished with the adoption of
the 1986 Freedom Constitution
under the administration of
President Corazon Aquino.
FREEDOM CONSTITUTION (1986)
 CORAZON AQUINO
Eleventh President
First Female President
1986-1992

“It is true you cannot eat freedom and you cannot

power machinery with democracy. But then neither
can political prisoners turn on the light in the cells of
a dictatorship.”

In 1986, she said;

“I will not betray the trust you have reposed in me.”
On March 25, 1986, President
Corazon Aquino signed Proclamation
No. 3. This proclamation declared a
national policy focused on
implementing reforms mandated by the
people, protecting their basic rights,
adopting a provisional constitution, and
ensuring an orderly transition.
The provisional The Freedom Under the Freedom The President was
constitution was called
the "Freedom
Constitution Constitution, given the authority to
appoint members of a
Constitution." It set aside retained some President Aquino
the 1973 Constitution continued to exercise Constitutional
and recognized the provisions of the Commission tasked
legislative powers
Aquino administration as 1973 until a new legislature with drafting a new
a temporary constitution that
revolutionary Constitution, was convened under
reflected the ideals
government until a new particularly the the upcoming
and aspirations of the
constitution could be constitution.
framed. Bill of Rights. Filipino people.
 FREEDOM CONSTITUTION
PROVISIONAL CONSTITUTION
OF THE REPUBLIC OF THE PHILIPPINES

PROCLAMATION NO. 3
DECLARING A NATIONAL POLICY TO IMPLEMENT REFORMS MANDATED BY THE PEOPLE PROTECTING THEIR BASIC
RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN ORDERLY TRANSITION TO A
GOVERNMENT UNDER A NEW CONSTITUTION

ARTICLE I: ADOPTION OF CERTAIN PROVISIONS OF THE 1973 CONSTITUTION, AS AMENDED (2

Sections)
ARTICLE II: THE PRESIDENT, THE VICE-PRESIDENT, AND THE CABINET (6 Sections)
ARTICLE III: GOVERNMENT REORGANIZATION (4 Sections)
ARTICLE IV: EXISTING LAWS (2 Sections)
ARTICLE V: ADOPTION OF A CONSTITUTION (5 Sections)
ARTICLE VI: HOLDING OF ELECTIONS (2 Sections)
ARTICLE VII: EFFECTIVE DATE (2 Sections)
"The Freedom Constitution was
like finally getting the Wi-Fi
password after years of being
locked out—suddenly, everyone
was connected to democracy, and
the buffering was over!"
 Preamble Preamble
I National Territory X Local Government
II Declaration of Principles and State Policies XI Accountability of Public Officers
III Bill of Rights XII National Economy and Patrimony
IV Citizenship XIII Social Justice and Human Rights
V Suffrage XIV Education, Science and Technology and Arts
VI Legislative Department XV The Family
VII Executive Department XVI General Provisions
VIII Judicial Department XVII Amendments and Revision
IX Constitutional Commission XVIII Transitory Provisions
1.
No person shall be deprived of
life, liberty, or property
without due process of law, nor
shall any person be denied the
equal protection of the laws.
Protects individuals from unreasonable searches
and seizures by the government.
They must present a Warrant of Arrest or
Search Warrant based on probable cause, issued
by a Judge.
The warrant must specifically describe the place
to be searched and the items to be seized.
1. When the person to be arrested has
committed, is actually committing, or is
attempting to commit an offense.

2.When the person is an escape from a prison

(1) The privacy of (2) Any evidence obtained
communication and in violation of this or the
correspondence shall be preceding section shall be
inviolable except upon inadmissible for
lawful order of the court, or when any purpose in any
public safety or order requires
otherwise, as prescribed by law. proceeding
No law shall be passed abridging
the freedom of speech, of
expression, or of the press, or the
right of the people peaceably to
assemble and petition the
government for redress of
grievances.
No law shall be made respecting an
establishment of religion, or prohibiting
the free exercise thereof. The free exercise
and enjoyment of religious profession and
worship, without discrimination or
preference, shall forever be allowed. No
religious test shall be required for the
exercise of civil or political rights.
Filipinos have the right to choose where
they live and to move freely within the
country, unless restricted by a lawful order
of the court.
Filipinos have the right to travel freely
within and outside the country, with
exceptions made for national security,
public safety, or public health.
Guarantees the right of the people to access
information on matters of public concern.
Includes access to official records, documents,
and government research data.
Subject to limitations as provided by law, such
as those related to national security,
confidential diplomatic matters, Trade secrets
and banking transactions, Identity of
informants in criminal investigations.
The right of the people, including
those employed in the public and
private sectors, to form unions,
associations, or societies for
purposes not contrary to law shall
not be abridged.
Eminent Domain Protection from Unjust Seizure
The government has
the power to take Protects individuals
private property for from having their
public use, but only property taken
with just without due process
compensation. or fair compensation.
Legal duty of the contractors to fulfill the
promises stated in the contract.
Prohibits the government from passing laws
that impair the obligations of contracts.
Ensures that no one is denied
access to courts or quasi-
judicial bodies due to poverty.
Guarantees adequate legal
assistance for those who cannot
afford it.
 Right to Remain Right to Counsel Protection from Torture
Silent and Coercion

Individuals have the

right to remain silent The accused has Prohibits the use of
during an investigation the right to legal torture, force, violence,
and not incriminate representation. or intimidation during
themselves. investigations.
1. Right to be presumed innocent.
2. Bail: “ mode short of confinement which would, with reasonable
certainty, insure the attendance of the accused.”
3. Bail is not warranted if:
a. The offense is punishable by reclusion perpetua and
b. evidence of guilt is strong
1. No person shall be held 2. The accused is presumed innocent
until proven otherwise, and has the
to answer for a criminal right to be heard, informed, and have
offense without due a speedy, impartial trial. However,
process of law. trial can proceed if the accused is
notified and unjustifiable for absence.
The writ of habeas corpus protects
individuals from unlawful detention.
It can be suspended in cases of invasion or
rebellion when public safety requires it.
Guarantees the right to a timely resolution
of legal cases before judicial, quasi-judicial,
or administrative bodies.
Guarantees the right to a timely resolution
of legal cases before judicial, quasi-judicial,
or administrative bodies.
Political Beliefs: No one shall be detained solely
because of their political beliefs and aspirations.
Involuntary Servitude: Prohibits forced labor,
except as punishment for a crime.
Excessive Fines: Protects individuals from excessive fines
that are disproportionate to the offense.
Cruel and Degrading Punishment: Prohibits cruel,
degrading, or inhuman punishment.
Death Penalty: The death penalty is prohibited, except for
compelling reasons involving heinous crimes, and only as
provided by Congress.
ATIENZA CONTI EVANGELIO LARDIZABAL MAPAYE NIEVES PEREZ TOLENTINO
Krika Zyrene A. Haneh Kriszy Mae V. Kimberly Joy S. Ashlie Jannel C. Jill Reign L. Janine M. Aaliyah Nicole P. Lj E.