Salient features of 1973 Constitution

A. Establish for the first time in the Philippine history a parliamentary government, a Prime
Minister and a President. Both were elected by the National Assembly

Parliamentary form of government

Parliamentary government is a democratic form of government in which the political party that wins
the most seats in the legislature or parliament during the federal election forms the government. This
majority party chooses a leader to be the Prime Minister or Chancellor, and other high-ranking
members of the party make up the cabinet. The minority party forms the opposition, and its job is to
challenge the majority party. If no party is able to win a majority in the election, a coalition
government will be formed with a few political parties cooperating together.
It's called 'parliamentary government' because all of the power is vested in the parliament. In a
presidential system like the United States, the executive branch is separate, and the president is
popularly elected by the citizens of the nation. In a parliamentary system, the head of the government
is chosen from the parliament, and is often one of the most senior members or ministers in
parliament, which is where we get the term 'Prime Minister'. Often in a parliamentary system, the
country will have a Head of State, who is a ceremonial figure like the Queen, but does not engage in
legislating or politics.
A parliamentary system of government means that the executive branch of government has the direct
or indirect support of the parliament. This support is usually shown by a vote of confidence. The
relationship between the executive and the legislature in a parliamentary system is called
responsible government.

Article IX

Section 1

There shall be a Cabinet which shall be composed of Ministers with or without portfolio appointed by
the President. At least a majority of the Members of the Cabinet who are heads of ministries shall
come from the Regional Representatives of the Batasang Pambansa.

The Prime Minister shall be the head of the Cabinet. He shall, upon the nomination of the President
from among the Members of the Batasang Pambansa, be elected by a majority of all the Members
thereof.

SEC. 2. The Prime Minister and the Cabinet shall be responsible to the Batasang Pambansa for the
program of government approved by the President.

SEC. 3. There shall be an Executive Committee to be designated by the President, composed of the
Prime Minister as Chairman, and not more than fourteen other members, at least half of whom shall
be Members of the Batasang Pambansa. The Executive Committee shall assist the President in the
exercise of his powers and functions and in the performance of his duties as he may prescribe.
The Members of the Executive Committee shall have the same qualifications as those of the Members
of the Batasang Pambansa

B. Suspension of Human rights

Proclamation of Martial Law:On September 21, 1972, President Ferdinand E. Marcos placed the
Philippines under Martial Law. The declaration issued under Proclamation 1081 suspended the civil
rights and imposed military authority in the country. Marcos defended the declaration stressing the
need for extra powers to quell the rising wave of violence allegedly caused by communists. The
emergency rule was also intended to eradicate the roots of rebellion and promote a rapid trend for
national development. The autocrat assured the country of the legality of Martial Law emphasizing
the need for control over civil disobedience that displays lawlessness. Marcos explained citing the
provisions from the Philippine Constitution that Martial Law is a strategic approach to legally defend
the Constitution and protect the welfare of the Filipino people from the dangerous threats posed by
Muslim rebel groups and Christian vigilantes that places national security at risk during the time.
Marcos explained that martial law was not a military takeover but was then the only option to resolve
the countrys dilemma on rebellion that stages national chaos threatening the peace and order of the
country. The emergency rule, according to Marcoss plan, was to lead the country into what he calls a
New Society.

Marcos used several events to justify martial law. Threat to the countrys security was intensifying
following the re-establishment of the Communist Party of the Philippines (CPP) in 1968. Supporters of
CPPs military arm, the New Peoples Army, also grew in numbers in Tarlac and other parts of the
country. The alleged attempt to the life of then Minister of Defense Juan Ponce Enrile gave Marcos a
window to declare Martial Law. Marcos announced the emergency rule the day after the shooting
incident. Marcos also declared insurgency in the south caused by the clash between Muslims and
Christians, which Marcos considered as a threat to national security. The Muslims were defending
their ancestral land against the control of Christians who migrated in the area. The minority group
organized the Moro National Liberation Front (MNLF) in Malaysia and pushed for the autonomy of
Mindanao from the national government.

The move was initially supported by most Filipinos and was viewed by some critics as a change that
solved the massive corruption in the country. Martial law ceased the clash between the executive and
legislative branches of the government and a bureaucracy characterized by special interest. Marcos
started to implement reforms on social and political values that hindered effective modernization. To
match the accomplishments of its Asian neighbors, Marcos imposed the need for self-sacrifice for the
attainment of national welfare. His reforms targeted his rivals within the elite depriving them of their
power and patronage but did not affect their supporters (US Library of Congress, Martial Law and the
Aftermath).

Thirty-thousand opposition figures including Senator Benigno Aquino, journalists, student and labor
activists were detained at military compounds under the Presidents command (Proclamation 1081
and Martial Law). The army and the Philippine Constabulary seized weapons and disbanded private
armies controlled by prominent politicians and other influential figures (Proclamation 1081 and
Martial Law). Marcos took control of the legislature and closed the Philippine Congress (Proclamation
1081 and Martial Law). Numerous media outfits were either closed down or operated under tight
control (Proclamation 1081 and Martial Law). Marcos also allegedly funnelled millions of the countrys
money by placing some of his trusted supporters in strategic economic positions to channel resources
to him. Experts call this the crony capitalism.

The deterioration of the political and economic condition in the Philippines triggered the decline of
support on Marcos plans. More and more Filipinos took arms to dislodge the regime. Urban poor
communities in the countrys capital were organized by the Philippine Ecumenical Council for
Community and were soon conducting protest masses and prayer rallies. These efforts including the
exposure of numerous human rights violations pushed Marcos to hold an election in 1978 and 1981 in
an aim to stabilize the countrys chaotic condition. Marcos, in both events, won the election;
however, his extended term as President of the Republic of the Philippines elicited an extensive
opposition against his regime. Social unrest reached its height after former Senator Benigno Aquino
was murdered. The incident sent thousands of Filipinos to the streets calling for Marcos removal
from post. Turning again to his electoral strategy, Marcos held a snap election in 1986 but what he
hoped will satisfy the masses only increased their determination to end his rule that seated Corazon
Aquino, widow of Benigno Aquino, as President of the Philippines ousting Marcos from Malacaang
Palace and ending the twenty-one years of tyrant rule.

C. Has given Power to the Executive department

Article XVII

Section 3

(2) All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the
incumbent President shall be part of the law of the land, and shall remain valid, legal, binding, and
effective even after lifting of martial law or the ratification of this Constitution, unless modified,
revoked, or superseded by subsequent proclamations, orders, decrees, instructions, or other acts of
the incumbent President, or unless expressly and explicitly modified or repealed by the regular
National Assembly.