Conducting a comprehensive line-by-line correspondence between the 1987 and 1935 Philippine Constitutions is a substantial undertaking due to the extensive nature of both documents. Here is a structured comparison highlighting the key similarities and differences between the two constitutions.
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## 📜 Preamble
1935 Constitution:
“The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals…” [1]
1987 Constitution:
“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society…” [2]
Comparison:
* Invocation of Deity: Both preambles invoke a higher power, with the 1935 Constitution referring to “Divine Providence” and the 1987 Constitution to “Almighty God.”
* Purpose and Aspirations: The 1935 preamble focuses on establishing a government embodying Filipino ideals, while the 1987 preamble expands on this by emphasizing the building of a just and humane society and securing the blessings of independence and democracy.[3]
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## 🗺️ Article I: National Territory
1935 Constitution:
Defines the national territory based on treaties with Spain (1898, 1900) and Great Britain (1930), encompassing areas ceded to the U.S. and those under the jurisdiction of the Philippine government. [4]
1987 Constitution:
Expands the definition to include the Philippine archipelago, all islands and waters, terrestrial, fluvial, and aerial domains, territorial sea, seabed, subsoil, insular shelves, and other submarine areas. [2]
Comparison:
* Scope: The 1987 Constitution provides a more detailed and expansive definition of the national territory, reflecting developments in international law and maritime claims.
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## 🏛️ Article II: Declaration of Principles and State Policies
1935 Constitution:
* Section 1: The Philippines is a republican state; sovereignty resides in the people. [1]
* Section 2: Defense of the state is a prime duty; citizens may be required to render military or civil service. [1]
* Section 3: Renunciation of war as an instrument of national policy. [5]
* Section 4: Support for parents in rearing youth for civic efficiency. [1]
* Section 5: Promotion of social justice for the well-being and economic security of the people. [5]
1987 Constitution:
* Section 1: The Philippines is a democratic and republican state; sovereignty resides in the people. [2]
* Section 2: Renunciation of war; adherence to international law and policy of peace. [6]
* Section 3: Civilian authority is supreme over the military; AFP as protector of the people. [6]
* Section 4: Government's prime duty is to serve and protect the people; citizens may be required to render military or civil service. [6]
* Section 5: Maintenance of peace and order, protection of life, liberty, and property, and promotion of general welfare. [6]
Comparison:
* Democratic Emphasis: The 1987 Constitution explicitly labels the state as “democratic and republican,” reinforcing the democratic framework.
* Civilian Supremacy: The 1987 Constitution introduces the principle of civilian authority being supreme over the military, a response to historical contexts.
* Expanded State Policies: The 1987 Constitution includes more detailed provisions on social justice, human rights, and the role of the Armed Forces.
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## 🧑⚖️ Article III: Bill of Rights
1935 Constitution:
* Section 1: No person shall be deprived of life, liberty, or property without due process; equal protection of the laws. [4]
1987 Constitution:
* Expands on the rights enumerated, including detailed provisions on freedoms of speech, religion, press, assembly, and association; rights of the accused; and protection against unreasonable searches and seizures.
Comparison:
* Comprehensiveness: The 1987 Constitution provides a more comprehensive and detailed enumeration of individual rights and liberties.
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## 🗳️ Article V: Suffrage
1935 Constitution:
* Section 1: Suffrage limited to male citizens who can read and write, aged 21 and above, with residency requirements.
1987 Constitution:
* Section 1: Suffrage extended to all citizens aged 18 and above, with residency requirements; no literacy, property, or other substantive requirements imposed. [2]
Comparison:
* Inclusivity: The 1987 Constitution broadens suffrage, removing gender and literacy restrictions, reflecting a more inclusive democratic process.
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## 🏛️ Structure of Government
1935 Constitution:
* Established a unicameral National Assembly, later amended to a bicameral Congress (Senate and House of Representatives).
* Executive power vested in the President. [2]
* Judicial power vested in the Supreme Court and lower courts.
1987 Constitution:
* Establishes a bicameral Congress (Senate and House of Representatives).
* Executive power vested in the President.
* Judicial power vested in the Supreme Court and lower courts.
Comparison:
* Stability: The 1987 Constitution maintains the tripartite system but strengthens checks and balances among branches.
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## ⚖️ Article XVII: Amendments or Revisions
1935 Constitution:
* Amendments proposed by the National Assembly with a three-fourths vote and ratified by the people. [2]
1987 Constitution:
* Amendments can be proposed by Congress with a three-fourths vote, a constitutional convention, or by the people through initiative; all require ratification by a majority in a plebiscite. [2]
Comparison:
* People's Initiative: The 1987 Constitution introduces the mechanism for constitutional amendments through people's initiative, enhancing direct democracy.
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