AMENDMENTS TO THE 1945
CONSTITUTION
1. Parity Rights Agreement - agreement
that gave the Americans the rights to
explore and harness the Philippine
natural resources in the same way that
the FIlipinos have the same right over
the American natural resources.
America was at advantage through:
a. Advanced technology - they
have better machinery than
the Filipinos.
b. More capital investment.
How is America richer:
a. Have bigger landmass =
more resources.
b. Produce more industrial
products from industrial
resources.
2. Change from a unicameral legislative
body to a bicameral legislative body =
unicameral to bicameral.
-Upper house (senate) is the training
ground for aspiring presidents and
vice presidents.
-1 term of 6 years for president. Two
consecutive terms of office for the
vice president. Both must be at 45
years old of age.
3. From multi-party system to a bi-party
system.
Advantages
-to implement and check the
platforms and programs per party.
-easement for representation.
Disadvantages
-brings confusion to the people.
-points of deliberation become
limited.
-minimize constant change of
parties.
THE 1973 CONSTITUTION
-implemented in January 17, 1973 under the
presidency of Edralin Marcos.
-also known as the Marcos constitution =
unicameral legislative body.
-created by Marcos for the goal to extend
his term.
-provision: the president of the Philippines
shall continue the presidency in the new
constitution.
-ratified using the barangays (from Apari to
Jolo) = 95% voted yes.
-in the barangays: Php10,000 incentive if
100% are in favor; if 50% and above,
Php4,000 = in plebiscite.
Plan A: Amend the crevice of the
constitution to allow him to run in the
next election or to retain the
leadership of the executive branch.
To do so, he tried to convince the
politicians that the 1945 constitution
is too old and not updated.
1972 Constitutional Convention
Clamor: incumbent president should be
disallowed from becoming the president if
the new constitution shall be implemented =
Malacanang was shook and took action:
-Marcos used money to persuade
the politicians.
Counter expectation:
-An expose broke: Imelda Marcos
was exposed to be bribing a
constitutional convention member to
remove the provision on having the
incumbent president removed from
office in the new constitution =
resulted to the suspicion of all the
convention members.
-they released a memo removing
Marcos as president.
PLAN B: Provoke Martial Law -
created wars or internal conflict to
provoke Martia Law; encouraged
demonstrations of vioence in the
streets where Marcos was said to
finance opposing studens and labor
leaders to go into a public strike;
made bombings to get attention.
Requisites of Martial Law
1. Rebellion
2. Insurrection
3. Invasion
4. Against public safety
Purpose: to make the police = The
Philippine Constabulary - made
appear as if the police was effective
in promoting social order.
-after 5 months, people agreed
without countenance to the Martial
Law.
-Marcos had to legitimize the Martial
Law by getting the favor of the
Supreme Court and the legislative.
-SC judiciary were his classmates =
all in favor of Marcos governance;
hence Marcos wanted them to be
retained specifically CJ Enrique
Fernando. To do so:
-Marcos amended to extend the
retiree age of judiciary from 65 years
to 70 years old (for Enrique
Fernando).
-After Enrique retired, for the first
time in history, Marcos skipped on
appointing Tejankee (the supposed
next in-line after Enrique based from
superiority; an opposition) and
appointed another CJ that is in his
favor.
Twin Objectives of the Martial Law
1. To neutralize the enemies of
the state: leftist NPA and
others.
2. To reform society = created
the Kilusang Bagong Lipunan
(KBL).
Summary Amendments:
1. SC from 65 years old to 70 years.
2. Allow the president to legislate if the
legislative body is UNABLE.
3. Allow the president to legislate if the
legislative body CANNOT.
4. Allowing the president to continue to
exercise his powers granted by the
constitution.
Other facts about the Marcoses:
-William Sunders - the name of Ferdinand
Marcos in the swiss bank.
-Jane Bryan - Imelda Marcos’ name in the
swiss bank.
-corrupted 400 million dollars in total as ill-
gotten wealth. Proven by Singapore Court,
Ph SC, and the Swiss Court).
Reasons for the Downfall of Marcos
1. Bataan Nuclear Powerplant -
double in price as compared to the
American model which was the
model for it; instrument for mass
corruption.
2. Cronyism - few of the selected
persons of Marcos in office have
privilege in finance and economics
 through legal or illegal means = -ratification of the people = voting.
more of illegal during his term; -SC decision: Lawyers Brotherhood Case =
Martial Law was an obey-and-follow constitution takes effect immediately after
dictatorship. ratification according to the LBC.
3. Military Abuses - “let the gun be”
mindset; no peace and order;
resources of the government is
becoming more strained.
4. Non-support of EU countries and
the US.
5. Assasination of Ninoy Aquino on
August 21, 1973 = the beginning of
the real downfall of Marcos.

Accusations to:
a. Ferdinand Marcos
b. Imelda Marcos
c. General Fabian Ferb

Association to Marcos:
a. When ML was declared,
Ninoy Aquino was first
incarcerated.
b. Aquino was the rising star of
the opposition and was
expected to take over
Marcos in 1972.
c. Order by Marcos for Ninoy to
be imprisoned in Fort
Bonifacio.

THE 1986 SNAP ELECTIONS - special

election between the Marcos and Aquino
party; Corazon Aquino - the revolutionary
leader under the virtue of the people; led
EDSA Revolution 1.

THE 1987 CONSTITUTION

-constitution of the people.
CLASSIFICATIONS OF CONSTITUTION
Proclamation Order No 1
-constitutional commission was formed. 1. Enacted Constitution - came into
-plebiscite to the people = presented on being in one setting with the entire
February 2, 1987. process of having been completed;
 could be of different steps of
ratification.
2. Evolved Constitution - developed
in the process affected by culture,
tradition, and time under historical
circumstances.
3. Written Constitution - follows a
certain process that there is logical
arrangement of parts put into an
appropriate writing instrument.
4. Unwritten Constitution - no
system; not using logical instrument
and not in written instrument.
Amending - peace-will change in
constitution - small changes.
Revision - overhaul constitution =
intends to bring forth substantial
change to the constitution.
PARTS OF THE CONSTITUTION
1. Constitution of the Government -
covers systems, structures, and
operations of government as a
whole = local and national.
● Article 6 (legislative)
● Article 7 (executive)
● Article 8 (judiciary)
● Article 10 (local government)
2. Constitution of Liberty - intended
to protect the people from possible
abuses of the government;
provisions limiting the power of the
government.
● Article 3 (Bill of Rights)
● Article 13 (on human rights)
3. Constitution of Sovereignty -
sovereignty lies in the people;
people are supreme = salos popoli
est suprema lex.
● Article 1 Sec. 1
● Article 2 (State Policies)
○ Labor Rights
○ Participation of
people = people’s
initiative - gives
people the right to
propose laws and
changes in the
constitution.
CRITERIA OF A CONSTITUTION
1. Constitution must be
broad/comprehensive - covers all
aspects of human life to have a
ready basis for legitimacy and for
proper decision making.
● human life from erection to
resurrection.
● constitution must cover them
directly or indirectly.
2. Constitution must be brief - must
be written as sure and as short as
possible in order to encourage the
people to read and embrace it.
3. Constitution must be definite -
must be concise and clear or easily
understandable to have less
misunderstandings (in interpretation)
and to have more consensus.
RELATIVE BASIC PRINCIPLES OF THE
CONSTITUTION
1. Classification
2. Criteria of a good constitution
3. Parts of the constitution
Plebiscite - decision of the people is
determined in involving a law or a policy of
general application = voting.
Referendum - intended to gauge the
opinion or views of the people on certain
matters of public interest = opinions.
PREAMBLE rights and legal title are hard to prove and
-constitution will exist with or without the are vague.
preamble; not essential.
-provides a bird’s-eye-view of the context of 1973: divine providence = vague
the constitution. 1987: Almighty God
-givers general perspective; aide in
interpreting other provisions of the
constitution.

Functions of Preamble
1. The other subject provisions
of the constitution must be
ambiguous.
2. Reference for interpretation
among closeby provisions =
point of last resort if cannot
be interpreted.
3. Remains with ostentatious
value (decoration) =
presence of preamble simply
serves as a decoration.

-identifies the authors of the constitution.

-the Philippine preamble is the only
preamble in the world with the word “LOVE”.
-already long in Marcos’ constitution;
doubled in length in Aquino’s constitution.
-suggestion so it would be shorted: simplify
to “a democratic government”.
-to sustain the six regimes: regime of truth,
justice, freedom, love, equality and peace.

ARTICLE 1: TERRITORY
-covers terrestrial, fluvial, and aerial =
totality of territory.

1973: includes territories that Philippines

have historic rights and legal title.
1987: includes territories that has
sovereignty and jurisdiction over = historic