The period between 1971-1972 stands as one of the most tumultuous and defining moments in modern Philippine history. At its heart lay the Philippine Constitutional Convention of 1971 (ConCon), an ambitious undertaking born from widespread public clamor for systemic change and reform of the aging 1935 Constitution. Envisioned as a vehicle for national renewal, addressing deep-seated issues of inequality, foreign influence, and the concentration of power, the ConCon instead became ensnared in the complex political machinations of the time. Ultimately, rather than ushering in a new era of democratic vitality, it served, tragically, as the prelude to Martial Law. This article delves into the historical context, proceedings, controversies, and ultimate subversion of the 1971 Constitutional Convention, analyzing how an assembly aimed at reform became intrinsically linked to the imposition of authoritarian rule under President Ferdinand Marcos and the establishment of his New Society (Bagong Lipunan). We will explore the key figures, pivotal events like the Plaza Miranda bombing, allegations of delegate corruption, and the eventual drafting of the 1973 Constitution under the shadow of dictatorship, ultimately curtailing civil liberties for over a decade.
The Road to the Convention: Cracks in the Old Order
The convening of the 1971 Constitutional Convention was not a sudden decision but the culmination of years, even decades, of growing dissatisfaction with the prevailing political and socio-economic system enshrined in the 1935 Constitution.
Limitations of the 1935 Constitution
Drafted under American colonial supervision, the 1935 Constitution had served the Philippines through its transition to independence and the early decades of the Republic. However, by the late 1960s, many Filipinos felt it was inadequate to address the nation’s evolving challenges. Key criticisms included:
- Perceived Colonial Hangover: Provisions, particularly regarding economic parity rights granted to Americans (which expired in 1974 but were a source of nationalist critique), were seen as vestiges of colonialism.
- Concentration of Power: The presidential system was criticized for concentrating excessive power in the executive branch, potentially leading to abuses.
- Failure to Address Inequality: The constitution was seen as insufficient in tackling deep-rooted issues like landlessness, poverty, and the dominance of economic oligarchs and entrenched political dynasties.
- Weak Political Party System: The system encouraged personality politics and political turncoatism rather than strong, ideologically-based parties.
These limitations fueled calls for fundamental constitutional amendments or, more radically, a complete overhaul of the charter.
The Turbulent Late 1960s and Early 1970s
The period leading up to the ConCon was marked by unprecedented social and political ferment. The Philippines was grappling with:
- Rising Nationalism: A surge in nationalist sentiment demanded greater economic independence and a foreign policy less subservient to the United States.
- Student Activism: Campuses became hotbeds of activism, exemplified by the First Quarter Storm of 1970 – massive, often violent demonstrations protesting against the Marcos administration, imperialism, feudalism, and bureaucrat capitalism. Students demanded radical change and often clashed with state forces.
- Agrarian Unrest: Land reform issues remained unresolved, fueling peasant discontent and providing fertile ground for insurgency movements in the countryside.
- Communist Insurgency: The re-establishment of the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA), in 1968 and 1969, respectively, presented a growing challenge to the government.
- Economic Difficulties: Inflation, unemployment, and foreign debt were significant concerns, exacerbated by government spending, particularly during election campaigns.
- Growing Dissatisfaction with Marcos: President Ferdinand Marcos, first elected in 1965 and re-elected in a controversial and costly election in 1969 (becoming the first Filipino president to win a second term), faced increasing criticism for alleged corruption, cronyism, and authoritarian tendencies. His second term was constitutionally mandated to be his last under the 1935 Constitution.
This volatile atmosphere created a fertile ground for the idea that only fundamental constitutional change could steer the nation away from crisis.
Calls for Reform and Marcos’s Position
Various sectors – students, intellectuals, civic groups, and even some politicians – advocated strongly for a constitutional convention. The sentiment was that piecemeal amendments were insufficient; a new charter was needed. Congress eventually passed Republic Act No. 6132, the Constitutional Convention Act, in August 1970, calling for an election of delegates and the convening of the convention the following year.
President Marcos publicly supported the call for a convention, framing it as a necessary step for national progress. However, observers and critics suspected ulterior motives. With his term limit approaching in 1973, a constitutional change offered potential pathways to retain power – perhaps by shifting to a parliamentary system where he could become Prime Minister, or by altering the term limits altogether. While he pledged neutrality, his administration’s shadow would loom large over the convention from its inception.
Convening the 1971 Constitutional Convention
The election of delegates and the inauguration of the convention were initially met with cautious optimism, representing a potential avenue for peaceful, systemic reform.
The Election of Delegates (November 1970)
On November 10, 1970, Filipinos elected 320 delegates to the Constitutional Convention. The election was mandated to be non-partisan, meaning candidates ran as individuals rather than under party affiliations, ostensibly to free the convention from traditional politics. The elected body was diverse, comprising former presidents, senators, congressmen, judges, academics, activists, and relative newcomers. This mix generated hope that fresh perspectives could challenge the status quo dominated by political dynasties. However, many delegates still had strong ties to existing political and economic interests.
Inauguration and Initial Leadership
The Philippine Constitutional Convention of 1971 was formally inaugurated on June 1, 1971. While initial sessions or committee meetings might have occurred at various locations, including considerations related to the future Batasang Pambansa Complex site in Quezon City, the main plenary sessions and much of the crucial work took place at the historic Manila Hotel.
The convention faced an early setback. Former President Carlos P. Garcia, a respected elder statesman elected as the Convention President, died of a heart attack just days after taking office, on June 14, 1971. Subsequently, another former President, Diosdado Macapagal, was elected to lead the convention. Macapagal, who had been defeated by Marcos in the 1965 presidential election, was seen by some as a figure who could potentially steer the convention independently.
Inside the Convention: Ideals Meet Reality (1971)
As the delegates settled into their task, the initial optimism began to wane as deep divisions emerged and external pressures mounted. The convention became a battleground for competing ideologies, vested interests, and, increasingly, the political ambitions of Ferdinand Marcos.
Key Issues and Debates
The delegates tackled a wide array of fundamental issues concerning the structure of government, the economy, and social justice. Major points of debate included:
- Form of Government: Perhaps the most contentious issue was whether to retain the presidential system or shift to a parliamentary form. Proponents of the parliamentary system argued it would promote party discipline and responsiveness, while opponents feared it could be manipulated to keep Marcos in power as Prime Minister.
- Economic Provisions: Debates raged over economic nationalism, foreign investment regulations, land reform, and provisions aimed at dismantling oligarchic control and promoting broader economic opportunity.
- Social Justice and Human Rights: Delegates discussed strengthening provisions on civil liberties, social justice, education, and cultural identity.
- Term Limits: The question of presidential term limits was inevitably linked to Marcos’s future, making it a highly sensitive topic. Proposed constitutional amendments related to this were closely watched.
Allegations of Corruption and Interference: The Quintero Exposé
The integrity of the convention suffered a massive blow in May 1972 with the delegate corruption scandal, often referred to as the “payola” scandal. Delegate Eduardo Quintero from Leyte exposed an alleged systematic bribery scheme, claiming that he and other delegates had received money originating from Malacañang Palace, allegedly orchestrated by First Lady Imelda Marcos, to vote in favor of provisions desired by President Marcos, particularly those related to the shift to parliamentarism and transitional provisions that would benefit him.
Quintero presented envelopes containing cash (the “payola”) during a privilege speech, rocking the convention and the nation. While Malacañang vehemently denied the allegations and launched counter-attacks against Quintero, the exposé severely damaged the credibility of the convention. It fueled public cynicism and confirmed fears that the process was being manipulated by the President to perpetuate his rule. This scandal highlighted the pervasive issue of cronyism and corruption that many hoped the ConCon would address, but which seemed to be infecting the convention itself.
The Growing Shadow of Marcos
Throughout 1971 and into 1972, President Marcos skillfully used the escalating national crises – real, exaggerated, or allegedly manufactured – to consolidate his power and influence the convention’s direction. The narrative of a nation on the brink of collapse due to communist insurgency, rightist conspiracies, and secessionist movements was relentlessly propagated. This created an atmosphere of fear and uncertainty that overshadowed the convention’s deliberative process. Delegates found themselves working under the immense pressure of national events and the increasingly dominant presence of the executive branch.
The Turning Point: Escalating Crisis and the Path to Authoritarianism (Late 1971 – September 1972)
Several key events dramatically escalated the national crisis, pushing the Philippines further down the path toward authoritarianism and directly impacting the fate of the Constitutional Convention.
The Plaza Miranda Bombing (August 21, 1971)
The bombing of the Liberal Party’s proclamation rally at Plaza Miranda in Manila on August 21, 1971, was a pivotal and tragic event. Two grenades exploded on the stage, killing 9 people and injuring nearly 100 others, including many prominent opposition politicians.
Marcos immediately blamed the communists and, within hours, issued Proclamation No. 889, suspending the privilege of the writ of habeas corpus. This allowed the state to arrest and detain individuals without warrant or charge, ostensibly to combat rebellion. While the perpetrators of the bombing remain debated by historians (with some theories pointing away from the communists and towards elements closer to the administration seeking to provoke a crisis), the event served Marcos’s purposes perfectly. It:
- Crippled the opposition leadership.
- Created a climate of fear and justified drastic security measures.
- Bolstered the narrative of a nation under severe threat, requiring strong leadership.
- Cast a pall over the Constitutional Convention, demonstrating the fragility of the political order it sought to reform.
The suspension of the writ was a significant curtailment of civil liberties and a clear step towards authoritarian rule, occurring while the ConCon was actively debating constitutional rights.
Marcos Tightens His Grip: Oplan Sagittarius
Following the Plaza Miranda bombing and the suspension of the writ, the Marcos administration intensified its crackdown on dissent. Arrests of activists, critics, and journalists increased. Simultaneously, rumors and alleged exposés of military plans for a takeover circulated.
One such alleged plan, revealed by opposition figures like Senator Benigno “Ninoy” Aquino Jr., was codenamed “Oplan Sagittarius“. According to Aquino, this was a secret military plan detailing the steps for imposing Martial Law (Philippines), including the arrest of opposition leaders, the shutdown of media, and the takeover of strategic installations. While the administration dismissed these claims as baseless fear-mongering, the revelation added to the sense of impending crisis and suggested that the declaration of martial law was not a spontaneous response to events but a premeditated strategy.
The Convention Under Pressure
The escalating crisis, the suspension of the writ, the payola scandal, and the ever-present threat of further instability severely hampered the Constitutional Convention’s ability to function independently. Delegates grew increasingly fearful and polarized. The deliberative atmosphere envisioned at the start was replaced by one of apprehension and political maneuvering under duress. The focus shifted from crafting an ideal charter to navigating the treacherous political landscape shaped by Marcos’s consolidating power. The period between late 1971 and mid-1972 saw the convention losing its momentum and autonomy, becoming reactive to the crises unfolding outside its halls.
The ConCon under Martial Law (Post-September 1972)
The trajectory of the Philippine Constitutional Convention of 1971 was irrevocably altered by the declaration of Martial Law (Philippines). What began as an exercise in democratic reform ended as an instrument for legitimizing authoritarian rule.
Declaration of Martial Law (September 21/23, 1972)
On September 21, 1972 (though publicly announced on September 23), President Ferdinand Marcos signed Proclamation No. 1081, placing the entire Philippines under martial law. Citing the growing communist insurgency, the Muslim secessionist movement in the south, and the general state of chaos (exacerbated by events like the Plaza Miranda bombing and an alleged, possibly staged, ambush attempt on Defense Secretary Juan Ponce Enrile), Marcos assumed extraordinary powers.
The declaration resulted in:
- The arrest and detention of thousands of opposition figures (including senators, journalists, student leaders, labor organizers, and several ConCon delegates critical of Marcos).
- The shutdown of independent newspapers, radio, and television stations.
- The imposition of curfews and the banning of public assemblies.
- The effective suspension of the 1935 Constitution‘s guarantees of civil liberties.
The Supreme Court (Philippines) would later face challenges regarding the legality of Martial Law, but in the immediate aftermath, the executive branch held supreme power.
The “Marcos Constitution”: Finalizing the Charter
Martial law dramatically changed the dynamics within the Constitutional Convention. With many opposition delegates arrested, intimidated, or choosing to boycott the proceedings, the remaining delegates worked under the direct supervision and pressure of the Marcos regime. The convention, originally convened at the Manila Hotel, continued its work, but its independence was gone.
The final version of the constitution, largely completed by November 1972, reflected the priorities of the New Society (Bagong Lipunan) that Marcos proclaimed:
- Shift to a Parliamentary System: It formally adopted a parliamentary system, but with a crucial twist.
- Transitory Provisions: Article XVII contained transitory provisions that were key to Marcos’s consolidation of power. These provisions stated:
- The incumbent President (Ferdinand Marcos) would automatically become the interim Prime Minister.
- He would exercise legislative power until an interim Batasang Pambansa (National Assembly) was convened.
- He could rule by decree.
- This effectively concentrated executive and legislative powers in Marcos’s hands indefinitely, making the parliamentary shift largely cosmetic during the martial law period.
- Expanded Presidential Powers: Even beyond the transitory provisions, the charter granted the President/Prime Minister significant powers.
- Legitimizing Martial Law: The new constitution implicitly legitimized the declaration of martial law and the actions taken under it.
The final vote adopting the draft constitution was marred by a quorum controversy. Critics argued that many delegates were absent due to arrest, fear, or protest, and that a legitimate quorum was not present, further undermining the charter’s legitimacy.
Ratification Controversies (January 1973)
The process of ratifying the newly drafted 1973 Constitution was as controversial as its creation. Instead of the traditional plebiscite with secret balloting supervised by the Commission on Elections, Marcos decreed the creation of “Citizens’ Assemblies” (Barangays) across the country.
In January 1973, these assemblies were convened and asked to approve the new constitution, often through a simple show of hands (viva voce) or acclamation, under the watchful eyes of local officials and the military. There were no safeguards for secrecy, freedom of debate, or accurate counting. On January 17, 1973, Marcos issued Proclamation No. 1102, declaring the 1973 Constitution ratified based on the supposed overwhelming approval of the Citizens’ Assemblies.
This ratification method bypassed established legal procedures and was widely condemned as illegitimate. Cases challenging the ratification reached the Supreme Court (Philippines). In the landmark case Javellana v. Executive Secretary, the Court ultimately ruled that while there were questions about the validity of the ratification process according to the 1935 Constitution, there was “no further judicial obstacle to the new Constitution being considered in force and effect.” This complex and divided ruling effectively allowed the 1973 Constitution to stand, providing the legal scaffolding for Marcos’s authoritarian regime for the next 13 years.
Legacy of the 1971 Convention and the 1973 Constitution
The story of the Philippine Constitutional Convention of 1971 is a cautionary tale of democratic aspirations subverted by political ambition and crisis. Its legacy, intertwined with the 1973 Constitution it produced under duress, is profound and continues to inform discussions about governance and democracy in the Philippines.
A Tool for Authoritarianism
The 1973 Constitution, far from being the reformist document initially envisioned by many delegates in 1971, became the primary legal instrument legitimizing Marcos’s Martial Law (Philippines) regime. Its key features facilitated:
- Concentration of Power: The transitory provisions, and later amendments, allowed Marcos to rule by decree, control the legislature and judiciary, and command the armed forces without effective checks and balances.
- Suppression of Dissent: While paying lip service to rights, the constitution operated within the context of martial law, where civil liberties were routinely violated, dissent was suppressed, and political opposition was neutralized through arrest, exile, or co-optation.
- Economic Control and Cronyism: The regime used its vast powers to restructure the economy, often benefiting Marcos’s family and close associates – the system of cronyism flourished under the protection of the martial law framework supposedly legitimized by the new constitution.
- Perpetuation in Power: The constitution provided mechanisms for Marcos to repeatedly secure his rule through controlled referendums and elections.
Long-Term Impact on Philippine Governance
The experience of the 1971 ConCon and the subsequent martial law era left deep scars on Philippine institutions and political culture:
- Erosion of Democratic Institutions: The judiciary, legislature, and electoral bodies were severely weakened and compromised. Rebuilding trust and independence in these institutions became a major challenge after Marcos’s downfall in 1986.
- Trauma of Authoritarianism: The period fostered a deep-seated distrust of concentrated power and heightened awareness of the importance of human rights and civil liberties. This heavily influenced the drafting of the subsequent 1987 Constitution, which included numerous safeguards against dictatorship.
- Persistence of Political Dynasties: Ironically, while intended partly to curb political dynasties, the martial law era saw the consolidation of power within the Marcos family and their allies, and the phenomenon of political dynasties remains a significant issue in the Philippines today.
Historical Interpretations
Historians and political analysts offer varying interpretations of the 1971 Convention:
- Inevitable Failure?: Some argue that given the volatile political climate, Marcos’s determination to stay in power, and the inherent weaknesses within the convention itself (including delegate corruption), its subversion was almost inevitable.
- A Missed Opportunity?: Others lament the convention as a tragic missed opportunity for genuine reform, derailed by specific events like the Plaza Miranda bombing and the manipulation by the Marcos regime.
- Prelude vs. Instrument: Was the ConCon merely the prelude to Martial Law, setting the stage, or was it actively transformed into an instrument for Martial Law? The evidence suggests it transitioned from the former to the latter, especially after September 1972.
The Philippine Constitutional Convention of 1971 remains a critical case study in constitutional politics, democratic fragility, and the ways reform movements can be co-opted during times of crisis.
Conclusion
The Philippine Constitutional Convention of 1971 began with the promise of national renewal, tasked with replacing the 1935 Constitution and addressing the nation’s pressing challenges. However, held during the deeply polarized and crisis-ridden period of 1971-1972, it quickly became entangled in the political machinations of President Ferdinand Marcos. Events like the Plaza Miranda bombing, alleged delegate corruption, and the looming threat exploited by Marcos culminated in the declaration of Martial Law (Philippines) in September 1972.
This declaration fundamentally altered the convention’s purpose and outcome. Stripped of its independence and purged of dissenting voices, the ConCon finalized the 1973 Constitution under duress. This document, ratified through questionable means, provided the legal framework for Marcos’s authoritarian New Society (Bagong Lipunan), enabling the suppression of civil liberties, the rise of cronyism, and the dismantling of democratic checks and balances for over a decade.
Therefore, the 1971 Constitutional Convention stands not as the intended catalyst for reform, but as a crucial, tragic prelude to Martial Law. Its story serves as a stark reminder of how democratic processes can be undermined from within and how the pursuit of constitutional change can be dangerously subverted in times of instability and unchecked political ambition. Understanding this pivotal chapter is essential for comprehending the complexities of Philippine political history and the enduring struggle for genuine democracy and social justice.
Key Takeaways
- The 1971 Constitutional Convention was called to replace the 1935 Constitution amid growing socio-political unrest and calls for reform in the Philippines.
- Key figures included Convention Presidents Carlos P. Garcia (who died shortly after election) and Diosdado Macapagal.
- The convention (1971-1972) was marred by internal divisions, the Plaza Miranda bombing, and allegations of delegate corruption linked to Ferdinand Marcos.
- The declaration of Martial Law (Philippines) in September 1972 drastically altered the convention, leading to the arrest or intimidation of opposition delegates.
- The resulting 1973 Constitution, drafted under duress and ratified controversially, provided the legal basis for Marcos’s authoritarian rule and the New Society (Bagong Lipunan).
- The ConCon, intended for reform, ultimately served as a prelude to Martial Law, facilitating the concentration of power and the suppression of civil liberties.
Frequently Asked Questions (FAQ):
1. Why was the 1971 Constitutional Convention called? The convention was called primarily due to widespread belief that the 1935 Constitution was outdated and inadequate to address contemporary Philippine problems like economic inequality, foreign influence, issues related to political dynasties, and the structure of government. There was significant public clamor, particularly from nationalist and student groups like those involved in the First Quarter Storm, for fundamental reforms.
2. Was the failure of the 1971 ConCon inevitable? Historians debate this. Some argue that given the intense political polarization, the escalating crises (like the Plaza Miranda bombing), Ferdinand Marcos‘s determination to retain power, and internal issues like delegate corruption, the convention’s subversion was highly likely. Others believe that different decisions or unforeseen events might have led to a different outcome, making it a tragic missed opportunity rather than an inevitability.
3. What happened to the delegates who opposed Marcos after Martial Law was declared? Several delegates known for their opposition to President Marcos or his proposals within the convention were among those arrested and detained shortly after the declaration of Martial Law (Philippines) in September 1972. Others went into exile, were intimidated into silence, or chose to boycott the final proceedings, contributing to the quorum controversy surrounding the adoption of the 1973 Constitution.
4. How exactly was the 1973 Constitution ratified? Instead of a national plebiscite with secret voting as prescribed by law, President Marcos decreed the use of “Citizens’ Assemblies” (Barangays). In January 1973, these assemblies purportedly ratified the constitution through public voting methods like shows of hands (viva voce), under conditions lacking freedom and transparency. Marcos then declared it ratified via Proclamation 1102. The Supreme Court (Philippines) later ruled, in Javellana v. Executive Secretary, that there was no judicial obstacle to the constitution being considered in force.
5. What constitution replaced the 1973 Constitution? The 1973 Constitution, closely associated with the Marcos dictatorship, was replaced by the current 1987 Constitution following the People Power Revolution that ousted Marcos in February 1986. The 1987 Constitution was drafted by an appointed Constitutional Commission and overwhelmingly ratified in a national plebiscite in February 1987. It restored democratic institutions and included numerous safeguards against the recurrence of authoritarian rule, directly reacting to the abuses experienced under Martial Law (Philippines) and the 1973 Constitution.
6. Where did the Constitutional Convention physically take place? The Philippine Constitutional Convention of 1971 held its main plenary sessions and conducted much of its work at the Fiesta Pavilion of the historic Manila Hotel. While other locations like the future site of the Batasang Pambansa Complex might have been considered or used for committee meetings initially, the Manila Hotel served as the primary venue for the convention’s proceedings, especially during its most critical phases.
Sources:
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- Brillantes, Alex B., Jr. Dictatorship & Martial Law: Philippine Authoritarianism in 1972. Ateneo de Manila University Press, 1987.
- Celoza, Albert F. Ferdinand Marcos and the Philippines: The Political Economy of Authoritarianism. Praeger, 1997.
- Daroy, Petronilo Bn. (Ed.). The State of the Nation After Three Years of Martial Law. Civil Liberties Union of the Philippines, 1975.
- Gleeck, Lewis E., Jr. President Marcos and the Philippine Political Culture. Loyal Printing, 1987.
- Javellana v. Executive Secretary, G.R. No. L-36142, March 31, 1973. (Supreme Court Decision on the ratification of the 1973 Constitution). Available via The LawPhil Project.
- Majul, Cesar Adib. The Contemporary Muslim Movement in the Philippines. Mizan Press, 1985. (Provides context on related secessionist issues cited by Marcos).
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- Republic Act No. 6132, “The Constitutional Convention Act of 1971”. August 24, 1970.
- Official Gazette of the Philippines. Proclamation No. 1081, s. 1972. (Declaration of Martial Law). gov.ph.
- Official Gazette of the Philippines. Proclamation No. 1102, s. 1973. (Declaration of Ratification of 1973 Constitution). gov.ph.
- Thompson, Mark R. The Anti-Marcos Struggle: Personalistic Rule and Democratic Transition in the Philippines. Yale University Press, 1995.