EXECUTIVE DEPARTMENT - 1973 CONSTITUTION
1. Provide the original context of Executive Department under 1973 Constitution.
2. Highlight the qualifications and term of office of the President.
3. Identify the Presidents under the 73 Constitution and check whether each of them met
the qualifications by providing details.
President Ferdinand E. Marcos
THE PRESIDENT
(Ferdinand E. Marcos’ qualifications)
SECTION 1. The President shall be the head of state and chief executive of the Republic
of the Philippines.
- He was elected President of the Philippines in 1965 and was reelected in 1969.
(https://legacy.senate.gov.ph/)
SEC. 2. No person may be elected President unless he is a natural-born citizen of the
Philippines. a registered voter, able to read and write, at least fifty years of age on the
day of election for President, and a resident of the Philippines for at least ten years
immediately preceding such election.
- Ferdinand E. Marcos was born on September 11, 1917 in Sarrat, Ilocos Norte.
(https://legacy.senate.gov.ph/senators/former_senators/ferdinand_marcos.htm) 52 y/o
during the 1969 elections
SEC. 3. The President shall be elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June following the day of the election
and shall end at noon of the same date six years thereafter when the term of his
successor shall begin.
The returns of every election for President, duly certified by the board of canvassers of
each province or city, shall be transmitted to the Speaker at the Batasang Pambansa,
who shall, not later than thirty days after the day of the election, and in the presence of
the Batasang Pambansa open all the certificates, and the votes shall then be counted.
The person having the highest number of votes shall be proclaimed elected; but in case
two or more shall have an equal and the highest number of votes, one of them shall
forthwith be chosen by a vote of a majority of all the Members of the Batasang
Pambansa in session assembled.
- Marcos defeated Macapagal and was sworn in as the sixth President of the
Republic on December 30, 1965.
(https://www.newworldencyclopedia.org/entry/Ferdinand_Marcos)
SEC 4. If, at the time fixed for the beginning of his term, the President-elect shall have
died or shall have failed to qualify or if the President shall not have been chosen, the
Executive Committee, headed by the Prime Minister, as hereinafter provided, shall
exercise the powers and discharge the duties of the President until a President shall
have been elected and qualified. If the Batasang Pambansa withdraws its confidence in
the Prime Minister, the Speaker shall preside over the Executive Committee. In the
absence of an Executive Committee, the Speaker of the Batasang Pambansa shall act
as President until a President shall have been elected and qualified.
In the event of death or failure to qualify as herein provided, the Batasang Pambansa
shall call a special election in the manner prescribed in Section 7 hereof.
SEC. 5. The President, on assuming office, shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties
as President of the Philippines, preserve and defend its Constitution, execute its laws,
do justice to every man and consecrate myself to the service of the Nation. So help me
God.” (In case of affirmation, the last sentence is omitted.)
- https://www.youtube.com/watch?v=XNquGlTqldI (SYND 31-12-69 MARCOS
INAUGURATION CEREMONY)
SEC. 6. (1) The President shall have an official residence and shall receive a
compensation to be fixed by law, which shall not be increased or decreased during his
term of office. He shall not receive during his tenure any other emolument from the
Government or any other source. Until the Batasang Pambansa shall provide otherwise,
the President shall receive an annual salary of one hundred thousand pesos.
(2) The President shall not, during his tenure, hold any other office, practice any
profession, participate directly or indirectly in the management of any business, or be
financially interested directly or indirectly in any contract with, or in any franchise or
special privilege granted by, the Government or any subdivision, agency or
instrumentality thereof, including any government-owned or controlled corporation.
SEC. 7. In case of permanent disability, death, removal from office or resignation of the
President, the Executive Committee headed by the Prime Minister as hereinafter
provided shall exercise the powers of the President until a President shall have been
elected and qualified. If the permanent disability, death, removal from office or
resignation of the President occurs earlier than eighteen (18) months before the
expiration of his term, the Batasang Pambansa shall, within thirty days from the time the
vacancy occurs, call a special election to be held not earlier than forty-five days nor later
than sixty days from the time of such call, to elect a President to serve the unexpired
term.
In the absence of an Executive Committee, the Speaker shall act as President until the
President shall have been elected and qualified.
SEC. 8. The President shall have control of the ministries.
SEC. 9. The President shall be 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, insurrection, or rebellion. In case of invasion,
insurrection, or rebellion, or imminent danger thereof, when the public safety requires it,
he may suspend the privilege of the writ of habeas corpus, or place the Philippines or
any part thereof under martial law.
- On September 21, 1972, Marcos imposed martial law and he stayed in power until
1986 (https://legacy.senate.gov.ph/senators/former_senators/ferdinand_marcos.htm)
- On September 21, 1972, Marcos imposed martial law on the Philippines. Holding
that communist and subversive forces had precipitated the crisis, he acted swiftly;
opposition politicians were jailed, and the armed forces became an arm of the regime.
(https://www.britannica.com/biography/Ferdinand-E-Marcos)
SEC. 10. The President shall appoint the heads of bureaus and offices, the officers of
the armed forces of the Philippines from the rank of brigadier general or commodore,
and all other officers of the Government whose appointments are not otherwise
provided for, those whom he may be authorized by law to appoint. However, the
Batasang Pambansa may by law vest in the Prime Minister, members of the Cabinet, the
Executive Committee, courts, heads of agencies, commissions, and boards the power to
appoint inferior officers.
SEC. 11. The President may, except in cases of impeachment, grant reprieves,
commutations and pardons, remit fines and forfeitures and, with the concurrence of the
Batasang Pambansa, grant amnesty.
SEC. 12. The President may contract and guarantee foreign and domestic loans on
behalf of the Republic of the Philippines, subject to such limitations as may be provided
by law.
SEC. 13. The President shall formulate the guidelines of national policy.
SEC. 14. The President shall address the Batasang Pambansa at the opening of its
regular session. He may also appear before it at any other time.
SEC. 15. The President shall be immune from suit during his tenure. Thereafter, no suit
whatsoever shall lie for official acts done by him or by others pursuant to his specific
orders during his tenure.
The immunities herein provided shall apply to the incumbent President referred to in
Article XVII of this Constitution.
SEC. 16. All powers vested in the President of the Philippines under the 1935
Constitution and the laws of the land which are not herein provided for or conferred
upon any official shall be deemed and are hereby vested in the President unless the
Batasang Pambansa provides otherwise.
4. What were the amendments made from 1974 to 1986 in the 1973 Constitution.
Compare.
1976 AMENDMENTS
1. There shall be, in lieu of the interim National Assembly, an interim Batasang Pambansa.
Members of the interim Batasang Pambansa which shall not be more than 120, unless
otherwise provided by law, shall include the incumbent President of the Philippines,
representatives elected from the different regions of the nation, those who shall not be less than
eighteen years of age elected by their respective sectors, and those chosen by the incumbent
President from the Members of the Cabinet. Regional representatives shall be apportioned
among the regions in accordance with the number of their respective inhabitants and on the
basis of a uniform and progressive ratio, while the sector shall be determined by law. The
number of representatives from each region or sector and the manner of their election shall be
prescribed and regulated by law.
2. The interim Batasang Pambansa shall have the same powers and its Members shall have the
same functions, responsibilities, rights, privileges, and disqualifications as the interim National
Assembly and the regular National Assembly and the Members thereof.
3. The incumbent President of the Philippines shall, within 30 days from the election and
selection of the Members, convene the interim Batasang Pambansa and preside over its
sessions until the Speaker shall have been elected. The incumbent President of the Philippines
shall be the Prime Minister and he shall continue to exercise all his powers even after the
interim Batasang Pambansa is organized and ready to discharge its functions, and likewise he
shall continue to exercise his powers and prerogatives under the 1935 Constitution and the
powers vested in the President and the Prime Minister under this Constitutions.
4. The President (Prime Minister) and his Cabinet shall exercise all the powers and functions,
and discharge the responsibilities of the regular President (Prime Minister) and his Cabinet, and
shall be subject only to such disqualifications as the President (Prime Minister) may prescribe.
The President (Prime Minister), if he so desires, may appoint a Deputy Prime Minister or as
many Deputy Prime Ministers as he may deem necessary.
5. The incumbent President shall continue to exercise legislative powers until martial law shall
have been lifted.
6. Whenever in the judgment of the President (Prime Minister), there exists a grave emergency
or a threat or imminence thereof, or whenever the interim Batasang Pambansa or the regular
National Assembly fails or is unable to act adequately on any matter for any reason that in his
judgment requires immediate action, he may, in order to meet the exigency, issue the necessary
decrees, orders, or letters of instructions, which shall form part of the law of the land.
7. The Barangays and sanggunians shall continue as presently constituted but their functions,
powers and composition may be altered by law.
Referenda conducted through the barangays and under the supervision of the Commission on
Elections may be called at any time the Government deems it necessary to ascertain the will of
the people regarding any important matter, whether of national or local interest.
8. All provisions of this Constitution not inconsistent with any of these amendments shall
continue in full force and effect.
9. These amendments shall take effect after the incumbent President shall have proclaimed that
they have been ratified by a majority of the votes cast in the referendum-plebiscite.
5. What were the reasons behind the amendments? Compare.
6. Make your recommendations on what will be the most effective qualifications and term
of office (Previous or the amendments)
REFERENCES:
Official Gazette (n.d.) 1973 Constitution of the Republic of the Philippines. Retrieved from
https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-
philippines-2/
Britannica.com (n.d.) Ferdinand Marcos ruler of Philippines. Retrieved from:
https://www.britannica.com/biography/Ferdinand-E-Marcos/additional-info#history
legacy.senate.gov.ph. (n.d.). Ferdinand Edralin Marcos. Retrieved from:
https://legacy.senate.gov.ph/senators/former_senators/ferdinand_marcos.htm
New World Encyclopedia. (n.d.). Ferdinand Marcos. Retrieved from:
https://www.newworldencyclopedia.org/entry/Ferdinand_Marcos
SYND 31-12-69 MARCOS INAUGURATION CEREMONY. (n.d.). Retrieved from:
https://www.youtube.com/watch?v=XNquGlTqldI Posted: Jul 23, 2015
