GROUP 1

MEMBERS:

Bautista, Jamilla Kate

Dulnuan, Abbijah
Gopeng, CJ
Pascua, Hazel
Pascua, Cherry
Shawi, Deci May
Tolledo, Ronald

Salient Features of the Constitution (1935, 1973, 1987)

The Constitution serves as the fundamental law of the land. It is a system for the government, which is
codified as a written document and comprises fundamental laws and political principles establishing the
structure, procedures, powers and duties of the government.

I. The 1935 Constitution

BACKGROUND:

In 1934, the United States Congress passed the Philippines Independence Act, which set the
parameters for the creation of a constitution for the Philippines. The act mandated the Philippine
legislature to call for an election of delegates to a constitutional convention to draft a constitution for the
Philippines. The 1935 constitution was ratified by the Filipino people through a national plebiscite and
came into full force and effect on November 15, 1935 with the inauguration of the Commonwealth of the
Philippines. Among its provisions was that it would remain the constitution of the Republic of the
Philippines once independence was granted on July 4, 1946.

SALIENT FEATURES:

1) It came from a unicameral assembly to a bicameral congress.

2) It gave the President powers which includes the emergency powers on instances of national
emergencies and in protecting the State as mentioned in Sec. 11 par 2 Art. VII.
3) It provided for the separation of powers. composition, and duties of the branches of the
government.
4) Under Article X, it created the General Auditing Office.
5) Under Article XII, it adapted the Regalian Doctrine of the Principle of State ownership for its
natural wealth utilized by every citizen.
6) It is the legal basis of the Commonwealth Government
 II. The 1973 Constitution

BACKGROUND:

Before President Marcos declared Martial Law, a Constitutional Convention was already in process of
deliberating on amending or revising the 1935 Constitution. With the presence of the Constitutional
Convention, he amended the 1935 Constitution into the 1973 Constitution justifying the insurgency of the
communist party during his tenure; hence, he had declared martial law to handle the phenomenon that
time

SALIENT FEATURES:

1) It is the first parliamentary system of government in the history.

2) It gave legislative powers to the President.
3) The 1973 preamble is in contrast with the 1935 Constitution.
4) The Constitution depicts an autocratic leadership to maintain and improve the discipline of
every individual person.

III. The 1987 Constitution

BACKGROUND:

When democracy was restored in 1986, President Corazon C. Aquino issued Proclamation No. 3,
suspending certain provisions of the 1973 Constitution and promulgating in its stead a transitory
constitution. She issued a unilateral proclamation establishing a provisional constitution. This constitution
gave the President broad powers and great authority.

SALIENT FEATURES:

1) It integrated the full Bill of Rights, which guaranteed fundamental civil and political rights.
2) It provided for free, fair, and periodic elections.
3) It established a representative democratic government.
4) It divided among three separate and independent branches of government: the Executive, a
bicameral Legislature, and the Judiciary.

Sources:

https://www.officialgazette.gov.ph

https://constitutionnet.org/country/comstitutional-history-philippines