DALICANO, CATHERINE RONA C.

July 5, 2019
WEEKDAY
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As to ​NATIONAL TERRITORY:
Malolos Constitution:
It is understood that all parcels of land, buildings and other properties that
religious orders used to own in these islands have been restored to the Philippine State on
the 24​th​ day of May of last year, when the Dictatorial Government of Cavite has been
constituted.
1935 Constitution:
National territory as defined by the 1935 Constitution consisted of all the territory
ceded to the United States under the Treaty of Paris of 1898 between America and Spain,
and all the islands embraced in the Washington Treaty of 1900 between America and
Spain, and the Treaty of 1930 between America and Great Britain, and all the territory
over which the government of the Philippine Islands then exercised jurisdiction.

1973 Constitution:
Comprising the Philippine archipelago, and all the other territories belonging to the
Philippines by historic or legal title, or over which the Philippines has sovereignty or
jurisdiction. It also included what came to be known under the United Nations Convention
on the Law of the Sea (Unclos) as the archipelagic waters, or the waters around, between,
and connecting the islands of the archipelago, irrespective of their breadth and
dimensions. Under the Unclos, the archipelagic waters are considered internal waters,
subject to the right of innocent passage by foreign vessels
1987 Constitution:
The deleted phrase was perceived as dropping the Philippine territorial claim over
Sabah. The 1987 Constitution defines the national territory as comprising the Philippine
archipelago, the archipelagic waters, and all other territories over which the Philippines
has sovereignty.

As to ​STRUCTURE:
1935 Constitution:
Established Commonwealth Government. Provided a democratic and Republican Government.
1973 Constitution:
Establishment of Modified Parliamentary Government
1987 Constitution:
Reinstitution of the Democratic and Republican Government

As to ​JUDICIAL POWER
Malolos Constitution:
​To the Court corresponds exclusively the power to apply the laws, in the name of the
Nation, in all civil and criminal trials. The same codes of laws shall be applied throughout the
Republic, without prejudice to certain variations according to circumstances as determined by law.
In all trials, civil, criminal, and administrative, all citizens shall be governed by one code of laws and
procedure.
 1935 Constitution:
It devolved on the Judiciary to determine whether the acts of the other two departments
were in harmony with the fundamental law.
1973 Constitution:
All cases involving the constitutionality of a treaty, executive agreement, or law shall
be heard and decided by the Supreme Court en banc, and no treaty, executive agreement,
or law may be declared unconstitutional without the concurrence of at least ten Members.
1987 Constitution:
The grant to the Judiciary of fiscal autonomy (Art. VIII, Sec. 3)
The grant of sole authority to the Supreme Court to promulgate rules of procedure for
the courts. (Art. VIII, Sec. 5[5])
To determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the government

As to ​POWER OF PRESIDENT TO DECLARE MARTIAL LAW:

1973 Constitution:
The President would also become the Prime Minister and he would continue to exercise
legislative powers until such time as martial law was lifted.
1987 Constitution:
The President shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion.

As to ​AMENDMENTS:
1935 Constitution:
Inclusion of Bill of Rights
1973 Constitution:

● Interim Batasang Pambansa​ (IBP) substituting for the Interim National Assembly;
● executive power was restored to the President;
● direct election of the President was restored;
● an Executive Committee composed of the Prime Minister and not more than 14
members was created to "assist the President in the exercise of his powers and functions and in
the performance of his duties as he may prescribe;" and the Prime Minister was a mere head of
the Cabinet.
● Further, the amendments instituted electoral reforms and provided that a natural born
citizen of the Philippines who has lost his citizenship may be a transferee of private land for use
by him as his residence.

1987 Constitution:

● ​ 976 Amendment​ (Continuation of Martial law and substitution of ​Interim Batasang

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Pambansa​ for the ​Regular Batasang Pambansa​)
● 1981 Amendment​ (Delegation of Power to the ​President​, creation of Executive
committee, establishment of ​modified parliamentary system​)