Professional Documents
Culture Documents
Comparison of 1973 and 1987 Constitution
Comparison of 1973 and 1987 Constitution
Comparison of 1973 and 1987 Constitution
SYNTHESIS: The goal of the 198 Constitution which is to build a just and humane
society and acknowledge the blessings of independence in our country. This
phrases are added to clearly differentiate the 1987 also called as Freedom
Constitution from the 1973 or the Marcos regime Constitution that greatly affect
and boost the desire of the people from freedom and to free ourselves from the
fear of experiencing the martial law again.
ARTICLE I: National Territory
1973 Constitution 1987 Constitution
Sec 1: The national territory The national territory compromises the
compromises the Philippine archipelago, Philippine archipelago, with all the islands
with all the islands and waters embraced and waters embraced therein, and all the
therein, and all the other territories other territories over which the Philippines
belonging to the Philippines by historic or has sovereignty or jurisdiction, consisting of
legal title, including territorial sea, the air its terrestrial, fluvial and aerial domain,
space, the subsoil, the sea-bed, the insular including its territorial sea, the sea bed, the
shelves, and the submarines areas over subsoil, the insular shelves and other
which the Philippines has sovereignty or submarine areas. The waters around,
jurisdiction. The waters around, between, between, and connecting the islands of the
and connecting the islands of the archipelago, irrespective of their breadth
archipelago, irrespective of their breadth and dimensions, form part of the internal
and dimensions, form part of the internal waters of the Philippines.
waters of the Philippines.
SYNTHESIS: In the 1973 Constitution, it says that the Philippines has sovereignty
or justification to all the territories belonging to the Philippines by historic or
legal title, including the territorial sea, the air space, the sub-soil, the sea bed,
the insular shelves and the submarine areas while in 1987 Constitution they
remove the clause “belonging to the Philippines by historic or legal title”, in that
case, it can be imply that in 1987 constitution we can lost our rights for the
Spratly Islands.
ARTICLE II: Declaration of Principles and
State Policies
Below are the Sections that are added in the 1987 Constitution:
Sec 6: The separation of Church and State shall be inviolable.
Sec 7: The State shall pursue an independent foreign policy.
In its relations with other states the paramount consideration
shall be national sovereignty, territorial integrity, national
interest, and the right of self – determination.
Sec 8: The Philippines, consistent with the national interest,
adopts and pursue a policy of freedom from nuclear weapons
in its territory.
Sec 11: The State values the dignity of every human person
and guarantees full respect for human rights.
ARTICLE II: Declaration of Principles and
State Policies
Below are the Sections that are added in the 1987 Constitution:
Sec 15: The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
Sec 16: The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
Sec 17: The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total
human liberation and development.
Sec 19: The State shall develop self – reliant and independent
national economy effectively controlled by Filipinos.
ARTICLE II: Declaration of Principles and
State Policies
Below are the Sections that are added in the 1987 Constitution:
Sec 20: The State recognizes the indispensable role of
the private sector, encourages private enterprise, and
provides incentives to needed investments.
Sec 22: The State recognizes and promote the rights of
indigenous cultural communities within the framework
of national unity and development.
Sec 23: The state shall encourage non – governmental,
community – based, or sectoral organizations that
promote the welfare of the nation.
Sec 24: The state recognizes the vital role of
communication and information in nation – building.
ARTICLE II: Declaration of Principles and
State Policies
Below are the Sections that are added in the 1987 Constitution:
Sec 26: The State shall guarantee equal access to
opportunities for public service, and prohibit political
dynasties as may be defined by the law.
Sec 27: The State shall maintain honesty and integrity in
the public service and take positive and effective
measure against graft and corruption.
Sec 28: Subject to reasonable conditions prescribed by
the law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public
interest.
ARTICLE II: Declaration of Principles and
State Policies
SYNTHESIS: The 1973 Constitution composed of 10 sections while the
1987 Constitution composed of 28 sections. Section 6, Section 7, Section
8, Section 11, Section 15, Section 16, Section 17, Section 19, Section 20,
Section 22, Section 23, Section 24, Section 26, Section 27 and Section 28
are the additional sections that are added in the 1987 Constitution. The
Section 1, Section 2, Section 3, Section 4, Section 5, Section 6, Section 7,
Section 8, Section 9 and Section 10 can still be seen in the 1987
Constitution only with minimal changes in the words used but still the
thought is the same. There is also an instances that one section in 1973 is
divided into two sections in 1987 Constitution, an example of this is the
Section 9 in 1973 Constitution and the Section 14 and Section 18 in 1987
Constitution which is both about the protection to labor, promotion of full
employment and equality in employment.
ARTICLE III: Bill of Rights
Below are the Sections that are added in the 1987 Constitution:
Sec 8: 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.
Sec 12: (1)Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are
prohibited.
(3)Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4)The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to the other rehabilitation of victims of
torture or similar practices, and their families.
Sec 18: (1)No person shall be detained solely by reason of his political beliefs
and aspirations.
ARTICLE III: Bill of Rights
Below are the Sections that are included in 1973 but not in the
1987 Constitution:
Sec 10: No law granting a title of royalty or nobility shall be
enacted.
Sec 12: In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of
evidence in his behalf. However, after the arraignment, trial
may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to
appear is unjustified.
ARTICLE III: Bill of Rights
Sec 32: The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions there from, whereby the people
can directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body after the registration of
a petition there for signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.
ARTICLE VI: The Congress
SYNTHESIS: The 1987 and 1973 Constitution really differs from each other.
It is one of the three branches of government that is greatly affected by
the changes in our Constitution. The above are the sections that are not
included in one or another. We can see as we read thoroughly that the
1987 Constitution is more definite on the roles, provisions and
characteristics of the House of Representative and the Senate of the
Philippines compared to the 1973. but on the other hand 1973, Section 8
gives an exact amount of compensation for the Congress (P60,000 for the
Member and P75,000 for the Speaker) while in 1987 Constitution Section
10, it only states that the salaries of the House and Senate shall be
determined by law. There is also an instances that one of the Section in
Article IV, Section 10 of 1973 Constitution are included in the Article VI,
Section 31 of 1987 Constitution. And lastly, the Section 10 in 1973
Constitution contradicts the Section 13 in 1987 Constitution.
ARTICLE VII: The Executive
Below are some of the Sections that are added in the 1987
Constitution:
Sec 5: Before they enter on the execution of their office, the President, the Vice –
President, or the Acting President shall take the following oath or affirmation:
“I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill
my duties as President [or Vice – President or Acting President] of the Philippines,
preserve and defend its Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God.” [In case of
affirmation, last sentence will be omitted].
Sec 12: In case of serious illness of the President, the republic shall be informed of
the state of his health. The members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be
denied access to the Philippines during such illness.
Sec 14: Appointments extended by an Acting President shall remain effective,
unless revoked by the elected President, within ninety days from his assumption or
reassumption of office
Sec 15: Two months immediately before the next presidential elections and up to
the end of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety.
ARTICLE VII: The Executive
SYNTHESIS: There are three new sections added in the 1987 Constitution.
This are Section 3: the fiscal autonomy; Section 8: judicial and Bar Council;
and Section 12: the members of the Supreme Court. The Section 1 of 1973
Constitution is the combination of Section 1 and Section 2 of the 1987
Constitution. In 1987 Constitution. Section 7, the person to be appointed
as Member of the Supreme Court must have a 15 years or more
experience as a Judge of a court. It also include an additional paragraph 3.
all the not mentioned sections are the same in thought and only differs in
section numbers.
ARTICLE IX: Constitutional Commission
Below are some of the Sections that are added in the 1987
Constitution:
Common Provision:
Sec 5: The Commission shall enjoy fiscal autonomy. Their approved
annual appropriation shall be autonomically and regularly released.
Sec 6: Each Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before any of it offices. Such
rules, however, shall not diminish, increase, or modify substantive rights.
Sec 7: Each Commission shall decide by a majority vote of all its
Members, any case or matter brought before it within sixty days from the
date of its submission for decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading brief,
or memorandum required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this Constitution or by law,
any decision, order, or ruling of each Commission maybe brought to the
Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
Sec 8: Each Commission shall perform such other functions as may be
provided by law.
ARTICLE IX: Constitutional Commission
Below are some of the Sections that are added in the 1987
Constitution:
Sec 8: The State shall, from time to time, review to increase the pensions
and other benefits due to retirees of both the government and the private
sectors.
Sec 9: The State shall protect consumers from trade malpractices and from
sub standard or hazardous products.
Sec 12: The Congress may create a consultative body to advise the
President on policies affecting indigenous cultural communities, the majority of
the members of which shall come from such communities.
ARTICLE XVI: General Provisions
Below are the Sections that are included in 1973 but not in the
1987 Constitution:
Sec 5: No elective or appointive public officer or employee shall receive
additional or double compensation unless specifically authorized by law, nor
accept, without the content of the National Assembly, any present, emolument,
office or title of any kind from any foreign state.
Sec 10: It shall be the responsibility of the State to achieve and maintain
population levels most conducive to the national welfare.
Sec 12: The state shall establish and maintain an integrated national
police force whose organization, administration and operation shall be
provided by law.
ARTICLE XVI: General Provisions
Below are the Sections that are added in the 1987 Constitution:
Sec 2: Amendments to this Constitution may likewise be directly proposed
to the people through initiative upon a petition of at least twelve per centum of
the total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters therein. No
amendment under this section shall be authorized within five years following
the ratification of this Constitution nor oftener than once every five year
thereafter.
Sec 3: The Congress may, by a vote of two-thirds of all its members call a
constitutional convention, or by a majority vote of all its Members, submits to
the electorate the question of calling such a convention.
ARTICLE XVII: Amendments