Similarities and Differences in the 1935, 1973, and 1987 Philippine Constitutions

Introduction to the Philippine Constitutional Landscape

The Philippines has had three significant constitutions in its history, each reflecting the country's evolving political and social context. The 1935, 1973, and 1987 Constitutions have shaped the nation's governance structure and civil rights framework. While each constitution has its unique responses to particular historical periods, there are certain commonalities that underscore the enduring principles of democracy and social justice.

Shared Principles: A Foundation of Democratic Governance

One of the most notable similarities among the 1935, 1973, and 1987 Constitutions lies in their shared principles of democratic governance. Each document establishes a framework for the separation of powers among the executive, legislative, and judicial branches. This structure ensures a check on the power of any one branch, fostering a balanced and stable political environment. By emphasizing the rule of law, these constitutions promote the stability and predictability that are crucial for a nation's growth and development.

Protection of Fundamental Rights: A Bill of Rights

A key similarity found in all three constitutions is the inclusion of a Bill of Rights. This section guarantees fundamental civil liberties and rights essential for the well-being of individuals. The rights protected under each constitution include freedom of speech, assembly, and religion. These provisions ensure that citizens have the freedom to express their opinions, gather to discuss common concerns, and practice their religious beliefs without undue interference from the state. The protection of these rights is a cornerstone of the democratic process and a guarantee of individual autonomy.

National Sovereignty and Social Justice

There is a strong emphasis on national sovereignty and the promotion of the common good in each of these constitutions. They reflect a sense of nationalism and the desire to protect the Filipino people from external threats. Each document also advocates for social justice, aiming to address social inequalities and support marginalized sectors. While there are varying approaches to achieving social justice, the unanimous commitment to this principle underscores the constitutional mandate to serve the welfare of the nation. This focus on social justice is crucial in ensuring that the benefits of development are shared equally among the population.

Amendment Procedures: Adapting to Evolving Needs

To ensure that the constitution remains relevant and responsive to the changing needs of society, all three constitutions provide mechanisms for amendment. These procedures allow for changes to be made in a structured and democratic manner, reflecting the dynamic nature of governance. By establishing formal mechanisms, these constitutions underscore the importance of sustained reform and the responsiveness of the legal framework to evolving societal values.

Promotion of the Family and Education: Foundational Social Institutions

Each constitution also highlights the importance of the family as a basic social institution, promoting its protection and strengthening. This recognition of family as a fundamental unit of society reflects the cultural and social values of the Philippines. Additionally, all constitutions emphasize the importance of education and the promotion of science and technology for national development. By prioritizing these areas, these constitutions aim to empower the nation through education and knowledge.

Differences: Adapting to Historical Context

While the 1935, 1973, and 1987 Constitutions share these similarities, there are also significant differences that reflect the historical and political contexts in which they were created.

1935 Constitution: A Product of U.S. Colonial Rule

The 1935 Constitution was established during the American colonial era and served as the first constitution of the Commonwealth of the Philippines. This document was shaped by the influence of U.S. governance and provided a foundational framework for the transition to independence. While it laid the groundwork for democracy, it also reflected the complexities of governance in a post-colonial state.

1973 Constitution: Centralization and Martial Law

Drafted during the period of martial law under President Ferdinand Marcos, the 1973 Constitution centralized power and incorporated provisions for a parliamentary system. This document marked a significant departure from the principles of democratic governance, as it allowed for a highly centralized and authoritarian regime. The socialist elements and strong presidential powers were hallmarks of this era, reflecting the unique challenges of governance under martial law.

1987 Constitution: A Post-Coup Document

The 1987 Constitution was enacted following the People Power Revolution, which toppled the regime of Ferdinand Marcos. This document restored democratic processes and included stronger safeguards for human rights and civil liberties. The 1987 Constitution marked a return to the ideals of democracy and civil rights, providing a solid foundation for a more stable political environment.

Conclusion: Evolving Endurance of Democratic Principles

While the 1935, 1973, and 1987 Constitutions each reflect the unique challenges and contexts of their respective eras, they all share a common commitment to democratic governance and social justice. The enduring principles of the Bill of Rights, national sovereignty, and the protection of fundamental rights highlight the fundamental values that have shaped the nation. By understanding these shared principles and the differences that reflect the nation's evolution, we can appreciate the resilience and adaptability of the Philippine Constitution.