Philippine Constitutional Convention of 1971
Philippine Constitutional Convention of 1971
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Philippine Constitutional Convention of 1971

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Philippine Constitutional Convention of 1971

The Philippine Constitutional Convention of 1971 was called to change the 1935 Constitution of the Philippines. The delegates were elected on November 10, 1970, and the convention itself was convened on June 1, 1971. It was marked by controversies, including efforts to uphold term limits for incumbent President Ferdinand Marcos, and a bribery scandal in which 14 people, including First Lady Imelda Marcos, were accused of bribing delegates to favor the Marcoses.

Marcos declared martial law in September 1972, and had 11 opposition delegates arrested. The remaining opposition delegates were forced to go either into exile or hiding. Within two months, an entirely new draft of the constitution was created from scratch by a special committee. The 1973 constitutional plebiscite was called to ratify the new constitution, but the validity of the ratification was brought to question because Marcos replaced the method of voting through secret ballot with a system of viva voce voting by "citizens' assemblies". The ratification of the constitution was challenged in what came to be known as the Ratification Cases.

By the middle of the 1930s, the end of the American occupation of the Philippines was supposed to be in sight. In 1934 the US had approved a ten-year plan for the Philippines' transition from a commonwealth to a fully independent nation-state, based on the Jones Act of 1916. One of the preconditions for this independence was the creation of "a stable democratic government" based on the American model of governance, rather than being based on the French model as the Malolos Constitution had been.

Although World War II interfered with the transition plan and a puppet constitution was put in place by the Japanese Imperial Army from 1943 until the defeat of the Japanese forces in 1944, the Philippines was granted independence on July 4, 1946. Upon independence, the 1935 constitution came into effect, featuring a government structure very similar to that of the United States: an executive branch with a President who could be elected to a maximum of two four-year terms; a bicameral legislature consisting of a congress and a senate; and an independent judicial branch.

In 1967, the executive branch was headed by the tenth president, Ferdinand Marcos. Expressing opposition to the administration's policies and citing rising discontent over wide inequalities in society, critics of Marcos began campaigning to change a constitution which they said had been written under the dominion of the country's former colonial overlords. On March 16 of that year, the Philippine Congress constituted itself into a Constituent Assembly and passed Resolution No. 2, which called for a Constitutional Convention to change the 1935 Constitution.

Marcos surprised his critics by endorsing the move, and it was later revealed that the resulting Constitutional Convention would lay the foundation for the legal justifications Marcos would use to extend his term past the two four-year terms allowable under the 1935 Constitution.

A special election was held on November 10, 1970, to elect the delegates of the convention. Once the winners had been determined, the convention was convened on June 1, 1971, at the Manila Hotel and was later transferred in 1972 to the then-newly completed Quezon City Hall.

Former Philippine President Carlos P. Garcia was sworn in as the President of the Constitutional Convention on the day the convention was convened, but died thirteen days after taking oath. Former President Diosdado Macapagal replaced Garcia. Sotero H. Laurel served as the President Pro-Tempore of the convention.

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