Salient Features

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Klaire Ira Santos BS-Psychology 1A

The 1899 Malolos Constitution Salient features:

a. It established a democratic, republication government with three branches - the Executive,


Legislative and the Judicial branches. It called for the separation of church and state.
b. The executive powers were to be exercise by the president of the republic with the help of his
cabinet.
c. Judicial powers were given to the Supreme Court and other lower courts to be created by law.
d. The Chief justice of the Supreme Court was to be elected by the legislature with the concurrence of
the President and his Cabinet.

The 1935 Constitution Salient features:

a. It became the legal basis of the Commonwealth Government.


b. It enumerated the composition, separation of powers, and duties of the branches of the
government.
c. It adopted the Regalian Doctrine of the Principle of State ownership for its natural wealth utilized by
every citizen.
d. It had created the General Auditing Office.
e. It had followed a unicameral system of government.
f. It gives the president the powers including the emergency powers in terms of protecting the State
from wars and national emergencies.

The 1943 Constitution Salient features:

a. Composed of a preamble and twelve articles, creates a Republican state with a powerful executive
branch and subordinate legislative and judicial branches.
b. The President is the head of government, and commander-in-chief of the Armed Forces. The powers
of the President are: to veto any bill of the Assembly, to promulgate regulations when the Assembly
is not in session and in times of war or national emergency, to declare martial law, to suspend the
privilege of the writ of habeas corpus, and to appoint the members of the Council of State and
officials of the local government.
c. A limited legislative power is exercised by the unicameral National Assembly whose members, like
the President, are not directly elected by the people. Rather, the Assembly is to be composed of
representatives from each province elected in Kalibapi conventions throughout the country with
appointed governors and mayors as ex-officio members.
d. The judicial power is exercised by the Supreme Court whose justices, together with judges of lower
courts, are to be appointed by the President.
e. Enumerates the duties and rights of the citizens, requires the government to develop Tagalog as the
national language, and stipulates that one year after the termination of the Great East Asia War or
the World War II; a new constitution shall be formulated and adopted to replace this Constitution.
f. It was recognized as legitimate and binding only in Japanese-controlled areas of the Philippines but
was ignored by the United States government and the Philippine Commonwealth government in-
exile.
The 1945 Constitution Salient features:

a. 1935 Constitution came back into effect. The Constitution remained unaltered until 1947
b. Philippine Congress called for its amendment through Commonwealth Act No. 733. On March 11,
1947 the Parity amendment gave United States citizens equal rights with Filipino citizens to develop
natural resources in the country and operate public utilities.
c. Remained the same until the declaration of martial law on September 23, 1972.
d. Before President Marcos declared Martial Law, a Constitutional Convention was already in the
process of deliberating on amending or revising the 1935 Constitution. They finished their work and
submitted it to President Marcos on December 1, 1972 and President Marcos submitted it for
ratification in early January of 1973.
e. Marcos issued Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify the newly
drafted constitution by means of a Viva Voce vote in place of secret ballots, foreseeing that a direct
ratification of the constitution was bound to fail.

The 1973 Constitution Salient features:

a. The content of the Constitution is comprised of a preamble in contrast to the 1935 Constitution, and
17 articles especially on duties of the netizens.
b. It is the first time in history to have a parliamentary system of government where there is: (b.1) the
President symbolized as the head of the states, and be voted by the people in a State; and (b.2) the
Prime Minister symbolized as the head of the government, and be voted by the ministries or what
we call today as the cabinets as well as the members of the National Assembly.
c. Legislative powers are also given to the President in enacting laws necessary to prevent the
insurgency of New People’s Army.
d. There is an emphasis of the duties and obligations of the citizens especially in giving military services
and joining military forces.
e. The Constitution depicts an autocratic leadership to maintain and improve the discipline of every
individual person.

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