" The interest and future of the nation were the primordial consideration."
" The interest and future of the nation were the primordial consideration."
The delegates to the 1971 Constitutional Convention were young (average age was between 35 and 37), idealistic, reform-minded, and represented the intellectual, economic and political elite of the country, if not the best of the Filipino race.
They were elected in an election that today remains the cleanest and fairest in history. The interest and future of the nation were the primordial consideration.
Their mission: Craft a new Constitution that will cut the country’s umbilical cord to its colonial past of 450 years, establish rules of order and governance that befit the Philippines’ stature as Asia’s first Republic, and lay the foundation for a robust future—independent, democratic, socially and economically inclusive, and proud of its heritage that embodies the best of the West and the East.
The 1973 Constitution has “Mission Accomplished” splashed over it. The 1971 Constitutional Convention produced the Philippines’ truly free Constitution, drafted without the influence for the first time of a foreign power and audacious enough to thwart an impending domestic tyranny, to bring about a nation that is sovereign, democratic, and equal. June 1, this year marks the 50th anniversary of the historic 1971 Constitutional Convention.
With 12,875 words, the 1973 revision is 52.3 percent longer than the 8,449-word 1935 version. In this case, the verbiage is worth it.
In verbosity though, no constitution (perhaps in the world) can beat the 1987 Philippine Constitution or current version which is 21,660-word long—68 percent longer than 1973’s and 1.2x longer than the 1935 Constitution. In the case of the 1987 charter, the result of verbiage has sometimes been confusion and conflict.
In its Preamble, the 1973 basic law declares rightly that the Filipino people are sovereign, a reference to the 1935 Constitution being colonial in character. “Blessings of independence” became “blessings of democracy.” “Under a régime of justice, liberty, and democracy” became “under a régime of justice, liberty, and equality.”
So there, sovereignty, democracy, and equality—the 1973 Preamble defined the nation’s greatness in a 60-word sweep.
The 1935 Constitution limited Philippine territory to that ceded to the United States by Spain under two treaties—the Treaty of Paris in 1898 and the Treaty of Washington in 1900.
The 1973 Constitution enormously expanded Philippine territory to include the entire archipelago “with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic right or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the other submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.”
That means Sabah (“historic right or legal title”), the Kalayaan Island Group, and sovereign rights in the Exclusive Economic Zone (EEZ). In effect, the 1971 Convention future-proofed Philippine territory, including its territorial sea. The 1971 Convention antedated the 2009 nine-dash line submission by China to the United Nations of its territorial map.
The 1973 Constitution defined for the first time what is natural born—”one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.” This is an important definition. It is also in the 1987 Constitution.
In succeeding Philippine presidential elections, questions were raised of candidates who were suspected of not being natural born. It now appears a baby found at the doorstep of a church, or any doorstep for that matter, is natural born.
In the Bill of Rights, freedom of abode, which shall not be impaired, includes liberty to travel but adds exceptions—”except upon lawful order of the court, or when necessary in the interest of national security, public safety, or public health.” In effect, freedom of abode and travel could be restricted, as has been done under the current pandemic. In the 1987 Constitution, freedom of abode and travel are two separate rights but are treated under a single section (Section 6).
In the privilege of habeas corpus, which shall not be suspended, an additional exception is made—imminent danger, on top of invasion, insurrection or rebellion.
The 1973 Constitution defines the duties of citizens (this was not in the 1935 charter). These duties include, to:
— Be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society.
— Exercise rights responsibly and with due regard for the rights of others.
— Engage in gainful work to assure himself and his family a life worthy of human dignity.
— Register and cast his vote.
The term of office of the Philippines used to be six years, under the 1935 Constitution. This was amended to accommodate Manuel Quezon’s desire to extend his term—four years with reelection.
The 1973 Constitution restored the six-year presidential term, increased the minimum age to 50 (from 40 under the 1935), and set the start of his/her term to noon of June 30.
The 1987 Constitution restores the old 40 minimum age for president under the 1935 Constitution. The 1971 delegates probably thought 50 is the age of maturity for a presidential candidate. As it happens, a 70-year-old could still be a child. Or a moron.
More later.
