Philippine Constitution 1973 & 1987

On March 16, 1967, the Philippine Congress passed Resolution No. 2 calling
for a Constitutional Convention to change the Constitution. Election of the
delegates to the Convention were held on November 20, 1970 pursuant to
Republic Act No. 6132, otherwise known as the 1970 Constitutional
Convention Act.
The Constitutional Convention formally began on June 1, 1971. Former
President Carlos P. Garcia, a delegate from Bohol, was elected President.
Unfortunately he died on June 14, 1971 and was succeeded by another
former President, Diosdado Macapagal of Pampanga.
Before the Convention could finish its work, martial law was proclaimed.
Several delegates were placed under detention and others went into hiding
or voluntary exile. The martial law declaration affected the final outcome of
the convention. In fact, it was said, that the President dictated some
provisions of the Constitution. On November 29, 1972, the Convention
approved its Proposed Constitution of the Philippines.
On November 30, 1972, President Marcos issued Presidential Decree No.73
setting the date of the plebiscite to be held on January 15, 1973 for the
ratification or rejection of the proposed Constitution. However, on January 7,
1973, the President issued General Order No. 20 postponing indefinitely the
scheduled plebiscite. From January 10 to 15, 1973, the Citizen Assemblies
voted for (a) ratification of the 1973 Constitution; (b) the suspension of the
convening of the Interim National Assembly; (c) the continuation of martial
law; and (d) moratorium on elections for a period of at least seven years. On
January 17, 1973 the President issued Proclamation No. 1102 announcing
that the proposed Constitution has been ratified by an overwhelming vote of
the members of the Citizen Assemblies through Presidential Decree No. 86.
The 1973 Constitution would have established a parliamentary government
in the Philippines, with the President as a symbolic head of state and a Prime
Minister as the head of government. This was not implemented as a result of
the referendum-plebiscite held on January 10-15, 1972 through the Citizen
Assemblies whereby an overwhelming majority rejected the convening of a
National Assembly. From 1972 until the convening of the Interim Batasang
Pambansa
The1973 Constitution of the Republic of the Philippines, promulgated after
Marcos declaration of martial law, provides for a parliamentary form
of government. Legislative power was vested in a National Assembly whose
members were elected for six-year terms. The President was elected as the
symbolic head of state from the Members of the National Assembly for a six-
year term and could be re-elected to an unlimited number of terms. Upon
election, the President ceased to be a member of the National Assembly.
During his term, the President was not allowed to be member of a political
party or hold any other office. Executive power was exercised by the Prime
Minister who was also elected from the Members of the National Assembly. The
Prime was the head of government and Commander-in-Chief of the armed
forces. This constitution was subsequently amended three times. On 22
September 1976, President Marcos issued Presidential Decree No.
1033proposing amendments to the Constitution, which was later on ratified
and included in the 1973 Constitution. The amendments provide, among
other things, for the replacement of the National Assembly by the Batasang
Pambansa. It also states that the incumbent President of the Philippines shall
be the Prime Minister, and shall continue to exercise legislative powers until
Martial Law has been lifted. Amendments were done again in 1981 which re-
established a parliamentary form of government with a president elected by
direct vote of the people. In reality, these amendments had little effect at the
time due to the ongoing Marcos dictatorship;
however, Marcos did, at least in name, dissolve martial law at about this time
and conduct (highly questionable) elections, which he unsurprisingly "won".
Presidential Proclamation No. 3, popularly known as the 1986Constitution,
was the most far reaching set of amendments to the 1973 constitution that it
was almost a constitution in its own right. However, it is really a large set of
amendments which superseded and abolished certain provisions from the
constitution. It granted the President certain powers to remove officials from
office, reorganize the government and hold a new constitutional convention
to draft a new constitution. Following the EDSA People Power Revolution that
removed President Ferdinand Marcos from office, the new President, Aquino
issued Proclamation No.3 and the adoption of a provisional constitution that
would prepare for the next constitution which became the 1987 constitution.
Ruling by decree during the early part of her tenure and as a president
installed via the People Power Revolution, President Corazon C. Aquino issued
Proclamation No. 3 on March 25, 1986 which abrogated many of the
provisions of the then 1973 Constitution adopted during the Marcos regime
including the unicameral legislature (the Batasang Pambansa), the office of
Prime Minister, and provisions which gave the President legislative powers.
Often called the "Freedom Constitution," this constitution was only intended
as a temporary constitution to ensure the freedom of the people and the
return to democratic rule. A constitutional assembly was soon called to draft
a new constitution for the country.
The Constitutional Commission was composed of fifty members appointed by
Aquino from varied backgrounds including several former members of the
House of Representatives, former justices of the Supreme Court, a Roman
Catholic bishop, and political activists against the Marcos regime. The
Commission elected Cecilia Muoz-Palma, a former Associate Justice of the
Supreme Court, as its president. Several issues were of particular contention
during the Commission's sessions, including the form of government to
adopt, the abolition of the death penalty, the retention of the U.S. bases
in Clark and Subic, and the integration of economic policies into the
constitution. Lino Brocka, a film director and political activist who was
member of the Commission, walked out before the constitution's completion,
and two other delegates dissented from the final draft. The Commission
finished the final draft on October 12, 1986 and presented it to Aquino on
October 15. The constitution was ratified by a nationwide plebiscite on
February 2, 1987.
The constitution was ratified by a nationwide plebiscite on February 2, 1987.

1976 Amendments to the Constitution

On 22 September 1976, President Marcos issued Presidential Decree No.
1033 proposing amendments to the Constitution, which was later on ratified
and included in the 1973 Constitution.
On October 16-17, 1976 majority of barangay voters (Citizen Assemblies)
approved that martial law should be continued and ratified the amendments
to the Constitution proposed by President Marcos. The 1976 Amendments
were: an Interim Batasang Pambansa (IBP) substituting for the Interim
National Assembly, the President would also become the Prime Minister and
he would continue to exercise legislative powers until martial law should
have been lifted. The Sixth Amendment authorized the President to legislate

1981- 1984 amendments

Amendments were done again in 1981 which re-established a parliamentary
form of government with a president elected by direct vote of the people.
In reality, these amendments had little effect at the time due to the ongoing
Marcos dictatorship; however, Marcos did, at least in name, dissolve martial
law at about this time and conduct elections, which won. Presidential
Proclamation No. 3, popularly known as the 1986 Provisional Freedom
Constitution, was the most far reaching set of amendments to the 1973
constitution that it was almost a constitution in its own right.