CONTENT 1973 CONSTITUTION
Preamble We, the sovereign Filipino
people, imploring the aid of
Divine Providence, in order to
establish a Government that
shall embody our ideals,
promote the general welfare,
conserve and develop the
patrimony of our Nation, and
secure to ourselves and our
posterity the blessings of
democracy under a regime of
justice, peace, liberty, and
equality, do ordain and
promulgate this Constitution.
Article 17 Articles
Head of Government Prime Minister and a President
Type of Government Mixed
(Parliamentary&Presidential)
Type of Congress Unicameral
Powers and Function The head of govt can exercise
legislative power and power is
concentrated
Territory The national territory comprises
the Philippine archipelago, with
all the islands and waters
embraced therein, and all the
other territories belonging to
the Philippines by historic right
or legal title, including the
territorial sea, the air space, the
subsoil, the sea-bed, the insular
shelves, and the other
submarine areas over which the
Philippines has sovereignty or
jurisdiction. The waters around,
between, and connecting the
islands of the archipelago,
irrespective of their breadth and
dimensions, form part of the
internal waters of the
Philippines.
1987 CONSTITUTION
We, the sovereign Filipino
people, imploring the aid of
Almighty God, in order to build
a just and humane society and
establish a Government that
shall embody our ideals and
aspirations, promote the
common good, conserve and
develop our patrimony, and
secure to ourselves and our
posterity the blessings of
independence and democracy
under the rule of law and a
regime of truth, justice,
freedom, love, equality, and
peace, do ordain and
promulgate this Constitution.
18 Articles
President
Purely Presidential
bicameral
Head of govt has a semi-
legislative power and power is
divided
The national territory comprises
the Philippine archipelago, with
all the islands and waters
embraced therein, and all other
territories over which the
Philippines has sovereignty or
jurisdiction, consisting of its
terrestrial, fluvial, and aerial
domains, including its territorial
sea, the seabed, the subsoil, the
insular shelves, and other
submarine areas. The waters
around, between, and
connecting the islands of the
archipelago, regardless of their
breadth and dimensions, form
part of the internal waters of
the Philippines.
Head of Government:

 In the 1973, supposedly, a parliamentary government would be formed. The National

Assembly, supposed to be created by the Interim Batasang Pambansa now known as
Interim National Assembly, would be electing a Prime Minister that would lead the
Government and a President from its members to govern the state for 6 years.
 In 1987, solely the President is the head of the govt.

Type of Government:

 Presidential system of government - The presidential system is a form of government in which

the president is the chief executive and is elected directly by the people.

 Parliamentary system of government - In Parliamentary System, the political party winning the
majority seats in the parliament makes the government and elects a person from among
themselves as the Prime Minister who is the head of the Government. A system of government
having the real executive power vested in a cabinet composed of members of the legislature who
are individually and collectively responsible to the legislature

The late President Marcos never convened the INA and therefore the regular NA never actually
existed and operated and parliamentarism under the 1973 Constitution never actually came to be. So a
prime minister did not happen and a mixed government style was formed because even though a prime
minister did not happen, the government was the same as one of a parliamentary government.

In 1987, it became purely presidential.

Type of Congress:

 In 1973, they only had 1 congress which was the Interim Batasang Pambansa
 In 1987, there are 2 congress the upper house which is the Senate, and the House of
Representatives the lower house, although colloquially, the term "Congress" commonly refers to
just the latter

Powers and Function:

 In 1973, although legislative power was with the Interim Batasang Pambansa, the President can
also exercise legislative power. All the proclamations, presidential decrees, executive orders and
letters of instruction he issued were made “part of the law of the land” and he was given the
continuing power to make new laws that would modify, revoke, or supersede his previous laws.
Power is within the Interim Batasang Pambansa, the President and the Supreme Court exercising
Judicial Power.
 In 1987, the President can only issue proclamations and orders. His legislative power isn’t the
same with that of the 1973 constitution.
The 1987 Constitution established a representative democracy with power divided among three
separate and independent branches of government:

 the Executive, The Executive branch is headed by the President and his appointed Cabinet. The
President is the head of the state and the chief executive, but he is subject to significant checks
from the other branches, especially in times of emergency, which, given the history of the country,
was obviously intended to be a safeguard against a repeat of Marcos’ martial law despotism. For
example, in cases of national emergency, the President can still declare martial law, but not for a
period longer than 60 days. Congress can revoke this decision by a majority vote, or it can also
extend it for a period to be determined by the Congress. Additionally, the Supreme Court can
review the declaration to decide if there were sufficient facts to justify martial law. The President
can grant pardons and amnesty. He is also empowered to make or accept foreign loans. He cannot,
however, enter into treaties without the consent of the Senate. The President and Vice-President
are elected at large by a direct vote, but the President may only serve one 6-year term. The Cabinet,
consisting of the President’s advisers and heads of departments, is appointed by the President and
it assists him in his governance functions.

 a bicameral Legislature, The legislative power is vested in a Congress which is divided into
two Houses, the Senate and the House of Representatives. The 24 members of the Senate are
elected at large by a popular vote and can serve no more than two consecutive 6-year terms.
The House is composed of 250 elected members. Most of these Representatives are elected by
district for 3-year terms, but 20% of the total membership is chosen in proportion to party
representation. Besides the exclusive power to legislate, one of the most important powers of
Congress is the ability to declare war, which it can through a two-thirds vote in both houses.
Even the power to legislate, however, is subject to an executive check. The President retains
the power to veto a bill passed by both houses, and Congress may override this veto only with
a two-thirds vote in both houses.

 the Judiciary. The Court system in the Philippines exercises the judicial power of
government and it is made up of a Supreme Court and lower courts created by law. The
Supreme Court is a 15-member court appointed by the President without need for
confirmation by Congress. Appointment, however, is limited to a list of nominees presented to
the President by a constitutionally-specified Judicial and Bar Council. This Council consists of
7 members: the Chief Justice of the Supreme Court, the Secretary of Justice, a representative
from Congress, a representative of the Integrated Bar, a professor of law, a retired member of
the Supreme Court, and a representative of the private sector. The first four serve for four
years, the law professor for three, the retired Justice for two, and the private sector
representative for one year. The Supreme Court Justices may hear, on appeal, any cases dealing
with the constitutionality of any law, treaty, or decree of the government, cases where
questions of jurisdiction or judicial error are concerned, or cases where the penalty is
sufficiently grave. It may also exercise original jurisdiction over cases involving government or
international officials. The Supreme Court also is charged with overseeing the functioning and
administration of the lower courts and their personnel.
 There were three independent constitutional commissions as well:
 the Commission on Audit, The Commission on Audit shall have the power, authority, and
duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or instrumentalities, including government-
owned or controlled corporations with original charters, and on a post-audit basis: (a)
constitutional bodies, commissions and offices that have been granted fiscal autonomy under
the Constitution; (b) autonomous state colleges and universities; (c) other government-owned
or controlled corporations and their subsidiaries; and (d) such non-governmental entities
receiving subsidy or equity, directly or indirectly, from or through the Government, which are
required by law or the granting institution to submit to such audit as a condition of subsidy or
equity. However, where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the
Government and, for such period as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
 the Civil Service Commission, is a government agency that is constituted by legislature to
regulate the employment and working conditions of civil servants, oversee hiring and
promotions, and promote the values of the public service. Its role is roughly analogous to
that of the human resources department in corporations. Civil service commissions are often
independent from elected politicians.
 the Commission on Elections, The Commission on Elections (COMELEC) is the premier
guardian of the ballot. Its principal role is to enforce and administer all laws and regulations
relative to the conduct of elections, plebiscites, initiatives, referendums and recalls. As protector
of the people’s right of suffrage, the COMELEC endeavors to faithfully and evenly discharge its
solemn constitutional responsibility of ensuring the sanctity of elections.

Integrated into the Constitution was a full Bill of Rights, which guaranteed fundamental civil
and and political rights, and it provided for free, fair, and periodic elections.