Intro:

The Philippines has gone through a handful of changes to its highest laws over the years since it first
broke away and became its own independent country back in 1898. Its very first official constitution was
something called the Malolos Constitution, which was drawn up in 1899. That document laid out how the
new self-governing nation would be set up and operate. That initial First Philippine Republic existed from
1899 all the way up until 1901 using that Malolos Constitution as its foundational framework. So in
summary, the Philippines has had a few different versions of its fundamental governing rules pass through
as it continued to evolve and develop as a sovereign democratic state over the past century-plus since first
gaining independence from foreign rule.
1973 Constitution
President Marcos knew that directly submitting the newly drafted constitution to a vote likely wouldn't
pass. So instead he established citizens' assemblies to review and ostensibly ratify it through a viva voce
vote rather than a secret ballot. Marcos then announced it had been approved on January 17, 1973 and
was the new governing law of the land. However, opposition to how it was ratified continued. In a
dissenting court opinion, Chief Justice Concepcion pointed out fraud in the citizen assembly process. But
the ultimate court ruling was that the 1973 Constitution remained valid and in effect, despite the
questionable manner in which it was allegedly approved.
The 1973 Constitution was drafted during the presidency of Ferdinand Marcos and replaced the previous
1935 Constitution. Here are some of its salient points:
Presidential System: The 1973 Constitution established a presidential system of government, with
the President as the head of state and chief executive
Martial Law: Marcos declared martial law in 1972, just before the end of his second term. The
1973 Constitution legitimized his rule by allowing him to govern by decree until 1978
Parliamentary Shift: In 1978, the presidential system was replaced with a parliamentary one,
giving Marcos extended powers and suppressing democratic institutions
Suppression of Dissent: During Marcos' rule, dissent was suppressed, and thousands of vocal
objectors were either imprisoned or disappeared.

1987 Constitution
In February 1987, President Aquino issued a proclamation declaring that the drafting process for a new
constitution had been completed. The results of submitting the proposed constitution for public approval
were officially tallied, showing that it had been ratified. As such, on that same day the new 1987
Constitution finally took full legal effect as the governing framework for the Philippines. A swearing-in
ceremony was held where the President and other government leaders, as well as members of the Armed
Forces, pledged their allegiance to this new foundational document for the nation.
The 1987 Constitution, also known as the "People Power Constitution," was drafted after the ousting of
Marcos and the restoration of democracy. its salient points are:
 Representative Democracy: The 1987 Constitution established a representative democracy with
power divided among three separate and independent branches of government: the Executive, the
Legislature, and the Judiciary.
Checks and Balances: The President's powers were limited, and checks were put in place to
prevent a repeat of Marcos' martial law despotism. For example, Congress can revoke a declaration of
martial law, and the Supreme Court can review its justification .
Bill of Rights: The 1987 Constitution incorporated a comprehensive Bill of Rights, guaranteeing
fundamental civil and political rights to all Filipinos .
Economic Development: The 1987 Constitution aimed for a more equitable distribution of
opportunities, income, and wealth. It promoted industrialization, full employment, and protection of
Filipino enterprises against unfair foreign competition

2. Comparison of salient points of the two constitutions.

The Philippines has had two significant constitutions in recent history: the 1973 Constitution and the
1987 Constitution. we will compare the salient points of these two constitutions.
Bill of Rights:
The 1973 Constitution had a limited Bill of Rights, which guaranteed citizens' rights only during
peacetime and could be suspended during emergency situations .
The 1987 Constitution, however, has an extensive Bill of Rights that guarantees the protection of civil
liberties and human rights even during emergencies.
Legislative Department:
Both the 1973 and 1987 Constitutions vested the legislative power in the Congress of the Philippines,
consisting of a Senate and a House of Representatives.
The Senate composition in the 1973 Constitution was not specified, while the 1987 Constitution states
that it shall be composed of twenty-four Senators.
The House of Representatives in the 1973 Constitution had a fixed number of members, while the 1987
Constitution allows for a maximum of two hundred and fifty members.
Qualifications and Terms:
The qualifications for Senators in both constitutions include being a natural-born citizen, at least thirty-
five years old, able to read and write, a registered voter, and a resident of the Philippines for a certain
period.
The term of office for Senators in both constitutions is six years, with a limit of two consecutive terms.
The qualifications for Members of the House of Representatives in both constitutions include being a
natural-born citizen, at least twenty-five years old, able to read and write, a registered voter in the district,
and a resident for a certain period.
The term of office for Members of the House of Representatives in both constitutions is three years, with
a limit of three consecutive terms.
Elections and Vacancies:
Both constitutions state that the regular election of Senators and Members of the House of
Representatives shall be held on the second Monday of May.
In case of a vacancy in the Senate or the House of Representatives, a special election may be called to fill
the vacancy.
Other Provisions:
Both constitutions have provisions regarding the salaries of Senators and Members of the House of
Representatives, privileges from arrest, financial and business interests disclosure, and restrictions on
holding other government offices or employment.
The 1987 Constitution also includes provisions for the convening of Congress, the election of Senate
President and Speaker of the House, and the establishment of Electoral Tribunals and the Commission on
Appointments
the 1973 and 1987 Constitutions of the Philippines have notable differences in their Bill of Rights,
legislative composition, qualifications and terms, and other provisions. the 1973 Constitution marked a
period of authoritarian rule under Marcos, while the 1987 Constitution ushered in a new era of democracy
and protection of individual rights. These constitutions reflect the evolving needs and aspirations of the
Filipino people throughout history.

The 1987 Constitution of the Philippines is often referred to as the "Freedom Constitution" due to its
historical context and the principles it embodies.
Transition from Dictatorship to Democracy: The 1987 Constitution was drafted and ratified following the
People Power Revolution in 1986, which led to the ousting of President Ferdinand Marcos and the end of
his authoritarian regime [2]. The revolution was a nonviolent movement that aimed to restore democracy
and uphold the rights and freedoms of the Filipino people. The adoption of the 1987 Constitution marked
a significant transition from dictatorship to democracy, hence the term "Freedom Constitution" [2].
Safeguarding Democracy and Freedom: The 1987 Constitution was designed to ensure the protection of
democratic principles and the preservation of individual rights and freedoms. It established a system of
government with three branches - executive, legislative, and judiciary - to prevent the concentration of
power and promote checks and balances [1]. The constitution also enshrined fundamental rights such as
freedom of speech, press, assembly, and religion, as well as the right to due process and equal protection
under the law [1]. These provisions aimed to safeguard the freedom and rights of the Filipino people,
further justifying the moniker "Freedom Constitution."
Transitional Nature: The 1987 Constitution was initially intended as a temporary or transitional
constitution until a permanent charter could be drafted [1]. It served as a bridge between the previous
authoritarian regime and the establishment of a more permanent democratic framework. The temporary
nature of the constitution, coupled with its focus on ensuring freedom and democracy, contributed to its
designation as the "Freedom Constitution."
So, what are some interesting aspects of article 11 of the 1987 constitution and as to why they are
noteworthy.

Article 11, Section 1 of the Philippine Constitution emphasizes the goals of the national economy,
including a more equitable distribution of opportunities, income, and wealth, as well as full employment.
It also highlights the State's role in promoting industrialization and protecting Filipino enterprises against
unfair foreign competition

Ownership of Natural Resources

Section 2 of Article 11 states that all lands of the public domain, natural resources, and marine wealth are
owned by the State. The exploration, development, and utilization of these resources are under the control
and supervision of the State. The President may enter into agreements with foreign-owned corporations
for large-scale exploration and development, with the condition of promoting the use of local scientific
and technical resources

Right to Establish a Business

Article 11, Section 6 recognizes the right of individuals, private groups, and corporations to own,
establish, and operate economic enterprises. However, this right is subject to the duty of the State to
promote distributive justice and intervene when the common good demands it

Economic Plans
Section 9 of Article 11 allows the Congress to establish an independent economic and planning agency
headed by the President. This agency recommends and implements integrated programs and policies for
national development. Until the Congress provides otherwise, the National Economic and Development
Authority functions as the independent planning agency of the government.

Right to Enjoy the Benefits of Science

Section 14 of Article 11 focuses on the development of national talents, including scientists,
entrepreneurs, professionals, and skilled workers. The State encourages appropriate technology and
regulates its transfer for the national benefit. The practice of all professions in the Philippines is limited to
Filipino citizens, except in cases prescribed by law [1].

So, the Article 11 of the 1987 Constitution of the Philippines covers a wide range of topics related to the
national economy, ownership of natural resources, the right to establish a business, economic plans, and
the promotion of science and technology. These provisions aim to ensure equitable development, protect
Filipino enterprises, and promote the welfare of the Filipino people.