1973 CONSTITUTION

INTRODUCTION

It was during the second term of President Marcos that the constitutional convention was called to draft
the new constitution. It took more than two years before the delegates finally signed the draft of the
constitution, this is because martial law was declared in the country. By January 17, 1973, he issued
Proclamation No. 1102 declaring the constitution in full force and effect. It was ratified by the people in
a referendum on January 10—15, 1973.

The 1973 Constitution was a constitution designed for Marcos dictatorship. In the drafted constitution, it
gave him (President Marcos) all the powers of the President under the 1935 Constitution, including the
powers of the Prime Minister and the President under the 1973 Constitution. The constitution was not
ratified in the manner prescribed by the law but through secret balloting.

INTENDED LEARNING OUTCOMES

After having gone through the lesson, the students will be able to:

1. Narrate the history of the enactment of the 1973 Constitution.

2. Discuss the salient features of the 1973 Constitution.
3. Cite similarities and differences on the powers of the three branches of the government under
the 1973 Constitution with the 1935 Constitution; and
4. Explain some flaws and criticisms to the 1973 Constitution.

Salient features of the 1973 Constitution

1. The Preamble maintained some of the words of the 1899 and 1935 Constitution but new words
were added such as “sovereign” Filipino people “peace” and “equality”.
2. It has broader and clearer provisions of national territory.
3. The state policies include: strengthening of family as a basic social institution; role of youth in
nation building; provisions on social services in the field of education, health, housing,
employment, welfare and social security; production to labor; and autonomy of local
government units.
4. It deleted the paragraph (2) and paragraph (3) of the 1935 Constitution on citizenship. In the
aspect of suffrage, “all citizens who are at least 18 years of age” are now qualified to exercise
such right.
5. There are provisions on the duties and obligations of citizens especially in giving military services
and joining the military.
6. It adopted a parliamentary system of government wherein the President is the head of state and
chief executive, while the Prime Minister is the head of the government and the commander-in-
Chief of all armed forces. The Prime Minister and the President are both elected by the
legislature. Executive power, power of appointment, pardoning power belong to the Prime
Minister.
7. The creation of special court known as Sandiganbayan, which shall have jurisdiction over
criminal and civil cases involving graft and corrupt practices and other offenses committed by
public officers and employees. It also created the office of the Ombudsman, to be known as
Tanod-bayan.
PREAMBLE

“We the sovereign Filipino people, imploring the aid of the 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.”

NATIONAL 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 seabed, the insular shelves, and other submarine areas
over which the Philippines has sovereignty o0r 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.”
STATE PRINCIPLES

The 1973 Constitution has the following state principles and policies:

1. The Philippines as a republican state.

2. Defense of the state as prime duty of the government.
3. Renunciation of war
4. Strengthening the family as a basic social institution
5. Role of youth in the nation building
6. Promotion of social justice
7. Establishment and maintenance of adequate social services
8. Supremacy of civilian over the military
9. Protection to labor and promotion of full employment
10. Autonomy of local government units.

WHO ARE THE CITIZENS OF THE PHILIPPINES?

Article 1V of the 1973 Constitution provides that the following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those who elect Philippine citizenship pursuant to the provisions of the constitution of nineteen
hundred and thirty-five; and
(4) Those who are naturalized in accordance with law.

RIGHTS GUARANTEED BY THE 1973 CONSTITUTION

1. Right to life, liberty, and property
2. Right to due process of law
3. Right to equal protection of laws
4. Right against unreasonable searches and seizures
5. Privacy of communication and correspondence
6. Liberty of abode and travel
7. The right of the people to information on matters of public concern
8. The right to form association or societies
9. Freedom of religion
10. Freedom of speech
11. Freedom of the press
12. Right to peaceably assemble and petition the government
13. Non impairment of obligation and contracts
14. Non imprisonment for debt or non-payment of poll tax
15. Right against involuntary servitude
16. Privilege of the Habeas Corpus
17. Right to speedy disposition of cases
18. Right to bail
19. Right of a person under criminal prosecution
a. Right to presumption of innocence
b. Right to be heard by himself/herself and counsel
c. Right to be informed of the nature and cause of accusation against him/her
d. Right to speedy, impartial and, and public trial
e. Right to meet the witness face to face
f. Right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his/her behalf
20. Right against self-incrimination
21. Right against double jeopardy
22. Right against excessive fines and cruel or unusual punishment
23. Free access to the courts.

DUTIES AND OBLIGATIONS OF CITIZENS

The following are the duties and obligations of citizens

1. It shall be the duty of the citizen to be loyal to the Republic

2. It shall be the duty of the citizen to honor the Philippine flag
 3. It shall be the duty of the citizen to defend the state and contribute to its development and
welfare.
4. It shall be the duty of the citizen to uphold the Constitution and obey the laws.
5. It shall be the duty of the citizen to cooperate with the duly constituted authorities in the
attainment and preservation of a just and orderly society.
6. It shall be the duty of the citizen to exercise responsively the rights impose upon him/her with
due regard for the rights of others.
7. It shall be the duty of the citizen to engage in in gainful work to assure himself/herself and
his/her family a life worthy of human dignity.
8. It shall be the obligation of every citizen qualified to vote to register and cast his vote.

SUFRAGE

“Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen
years of age or over, and who shall have resided in the Philippines for at least one year and in the place wherein
they propose to vote for at least six months preceding the election. No literacy, property, or other substantive
requirements shall be imposed on the exercise of suffrage. The Batasang Pambansa shall provide a system for
the purpose of surviving the secrecy and sanctity of the vote

POWERS OF THE THREE BRANCHES OF THE GOVERNMENT UNDER 1973 CONSTITUTION

Legislative/Batasang Executive/President/Prime Minister Judiciary

Pambansa
Legislative Power Executive Power Judicial Power
Power of taxation Control power Supreme court shall have the
Power to override the following powers:
veto of the President (1) Exercise original
Power to elect and jurisdiction over cases
remove Prime Minister affecting ambassadors,
Power to define, Power of appointment other public ministers,
prescribe, and apportion and consuls and other
the jurisdiction of the petitions for certiorari,
various courts prohibition, mandamus
Power to repeal, alter, or Veto power quo, warranto, and
supplement the rules, habeas corpus.
concerning pleading, (2) Review and revise,
practice and procedure reverse, modify or
and the admission to the affirm on appeal or
practice of law in the certiorari, as the law or
Philippines. the Rules of Court may
Concur treaty Diplomatic power provide, final judgments
Conduct inquiries in aid of Contract and guarantee foreign and and decrees of inferior
legislation domestic loans courts in—
Power to prescribe the Addressing power (a) All cases in which the
qualifications of judges of Formulate guidelines on national constitutionality or
interior courts policy validity of ay treaty,
Pardoning powers executive agreement,
Grant reprieves law, ordinance, or
Grant commutation of sentence executive order or
Grant pardon regulation is in
Remit fines and forfeitures question.
(b) All cases involving the
legality of any tax,
impost, assessment, or
toll, or any penalty
imposed in relation to
thereto.
(c) All cases in which the
jurisdiction of any
inferior court is in issue.
(d) All criminal cases in
which the penalty
imposed is death or life
imprisonment.
 (e) All cases in which only
an error or question of
law is involved
(3) Assign temporarily
judges of inferior courts
to other stations as
public interest may
require. Such
temporary assignment
shall not last longer
than six months without
the consent of the
judge concerned.
(4) Order a change of
venue or place of trial
to avoid a miscarriage
of justice.
(5) Promulgate rules
concerning pleading,
practice, and procedure
in all courts and the
admission to the
practice of law
(6) Appoint its officials and
employees in
accordance with the
Civil Service Law.
Prime Minister shall have the ff Power to determine the
powers: constitutionality of treaty,
Head of the Cabinet executive agreement of law
Chairman of the Executive Committee
that assists the President in the
exercise of his power, function, and
duties
Supervise all ministers
Advise to dissolve the Batasang
Pambansa
Power to appoint judge of a
particular district or designate
or transfer a judge to another
district.
Administrative supervision over
all courts and the personnel.

QUALIFICATIONS OF ELECTED AND APPOINTED OFFICIALS OF THE BRANCES OF THE GOVERNMENT

Qualifications Legislative Executive Judiciary

Citizenship requirement Natural born citizen Natural born citizen Natural born citizen
Age requirement At least 25 years old At least 50 years old At least 40 years old
Voter registration requirement Registered voter Registered voter None
Literacy requirement Able to read and write Able to read and write
Residency requirement Resident for a period of Resident of the None
not less than 1 year Philippines for at least
10 years
Other requirements None None Ten years or more
been a judge of a court
of record or engaged in
the practice of law in
the Philippines.

AMENDMENTS TO THE CONSTITUTION

Article XVI Provides:

 1. Any amendment to, or relevant of, this constitution may be proposed by the National Assembly
upon a vote of three-fourths of all its members, or by a constitutional convention.
2. The National Assembly may, by a vote of two-thirds of all its members, call a constitutional
convention, or by a majority vote of all its members, submit the question of calling such a
convention to the electorate in an election.

SOME FLAWS OR CRITICISMS TO THE 1973 CONSTITUTION

1. Suspension of the privilege of the writ of the habeas corpus and declaration of martial law have no clear
duration as to the number of days. Such suspension and declaration can be made through lawless
violence, invasion, resurrection, rebellion, imminent danger, or when public safety requires for
it.
2. Dual executive with a Vice President with no clear powers, functions, and duties . With President as head
of state and Prime Minister as head of the government, the Vice President will not be doing
anything but to receive his/her salary because the Speaker of the National Assembly succeeds as
President in the absence of the President.
3. It deprived the people the authority to elect the highest officials of the land, the authority is vested to the
National Assembly. This contradicts democratic practices.
4. Opens possibility of electing a very young Prime Minister . The age of twenty-five may be too young
for someone to run the country. He/she may lack knowledge and experience to provide
solutions to the growing numbers of social problems.
5. No body to recommend and scrutinize the competencies of the justices of the Supreme Court . There is no
screening body that will assist the President and will just rely on his/her own judgment.
6. Unicameral Legislature. Having a unicameral legislature opens possibility of hasty legislation or
hodge-podge legislation. No system of check and balances and more time to scrutinize the
legislation.