What Is 1973 Constitution of the Philippines

Overview

The 1973 Constitution of the Philippines was adopted during the martial law period under President Ferdinand Marcos. It officially replaced the 1935 Constitution and fundamentally restructured the government from a presidential to a parliamentary system. Designed to legitimize Marcos's extended rule, the charter was ratified through a plebiscite widely criticized for lack of transparency and voter coercion.

This constitution marked a significant shift in Philippine governance, centralizing power under Marcos while formally transitioning to a parliamentary model. Despite its structural changes, the document was used to justify prolonged authoritarian control. Its legitimacy was questioned due to the political climate of repression during its ratification.

• Approved on January 17, 1973, following a national referendum held amid martial law and limited public debate.
• Established a unicameral National Assembly, which was later suspended in favor of executive rule through decrees.
• Introduced the position of Prime Minister, first held by Ferdinand Marcos himself in 1978.
• Extended Marcos's term indefinitely through transitory provisions, allowing him to rule without elections.
• Allowed the President to legislate by decree under Article VI, Section 13, effectively bypassing legislative checks.

How It Works

The 1973 Constitution redefined the structure of the Philippine government, shifting from a presidential to a parliamentary model. While it outlined a system with separation of powers, in practice, Marcos retained control through emergency powers and constitutional loopholes. The document remained in force until the 1986 EDSA People Power Revolution.

• Term: The constitution provided for a six-year term for the President without immediate re-election, but Marcos bypassed this through martial law extensions.
• Legislative Authority: The National Assembly was supposed to convene in 1978, but Marcos delayed elections and ruled by decree until then.
• Executive Power: The President served as both head of state and Prime Minister, consolidating executive and legislative leadership.
• Judicial Independence: The Supreme Court’s authority was weakened, with justices appointed by Marcos limiting judicial review.
• Amendment Process: Amendments required a two-thirds vote of Congress or a constitutional convention, but Marcos used decrees to alter governance.
• Bill of Rights: The charter retained civil liberties, but these were suspended during martial law, undermining their enforcement.

Comparison at a Glance

The following table compares key features of the 1973 Constitution with the previous 1935 and current 1987 constitutions:

While the 1973 Constitution introduced structural changes, its implementation diverged significantly from its text. Marcos retained power until 1986, and the parliamentary system was never fully realized. The 1987 Constitution later restored democratic safeguards and limited presidential terms.

Why It Matters

The 1973 Constitution remains a critical chapter in Philippine political history, symbolizing both constitutional innovation and authoritarian manipulation. Its legacy underscores the importance of democratic checks and transparent governance. Understanding its provisions helps explain the evolution of Philippine democracy.

• Legitimized martial law by providing a constitutional basis for Marcos's extended rule after 1972.
• Centralized power in the executive, weakening legislative and judicial independence during the 1970s and 1980s.
• Spurred resistance movements, contributing to the rise of civil society and eventual People Power Revolution in 1986.
• Influenced constitutional reform debates, with later proposals referencing its parliamentary model.
• Highlighted risks of emergency powers, leading to stronger safeguards in the 1987 Constitution.
• Served as a cautionary example of how constitutions can be used to entrench authoritarian rule.

The 1973 Constitution, though no longer in force, remains a pivotal reference point in discussions about governance, human rights, and democratic resilience in the Philippines.