Constitution of the Philippines


The Constitution of the Philippines is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
The Constitution consists of a preamble and eighteen articles. It mandates a democratic and republican form of government and includes a bill of rights that guarantees entrenched freedoms and protections against governmental overreach. The Constitution also organizes the main branches of the Philippine government: a legislative department known as the Congress, which consists of the Senate and the House of Representatives; an executive department headed by a president; and a judicial department, which includes the Supreme Court and lower courts. It also establishes three independent constitutional commissions—Civil Service Commission, the Commission on Elections, and the Commission on Audit —each enjoying fiscal autonomy. Other governmental bodies created under the Constitution include the Commission on Appointments, the Judicial and Bar Council, the Office of the Ombudsman, and the Commission on Human Rights.
Throughout its history, the Philippines has been governed by three other constitutions: the 1935 Commonwealth Constitution, which established the current presidential system of government; the 1973 Constitution, initially reintroducing the parliamentary system but later amended to adopt a semi-presidential system; and the 1986 Freedom Constitution, briefly implemented after the People Power Revolution.
The constitution of the then-First Philippine Republic, the 1899 Malolos Constitution, which aimed to establish the first functional parliamentary republic in Asia, was never fully implemented nationwide and did not lead to international recognition, largely due to the outbreak of the Philippine–American War.

Background of the 1987 Constitution

Ruling by decree in the early months of her presidency following the 1986 People Power Revolution, President Corazon Aquino was presented with three options: restore the 1935 Constitution; retain and reform the 1973 Constitution; or pass a new constitution. She decided to have a new constitution and issued Proclamation No. 3 on March 25, 1986, abrogating many provisions in the 1973 Constitution adopted by the Marcos regime, including the unicameral legislature, the office of Prime Minister, and additional legislative powers for the President. Often called the "Freedom Constitution", it was intended as a transitional basic law to ensure democracy, freedom of the people, and an orderly transfer of power as the Constitutional Commission was drafting a permanent charter.
The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds, including several former members of the House of Representatives, former justices of the Supreme Court, a Catholic bishop, and political activists against the Marcos regime. Aquino appointed Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as president of the commission. Several issues were of particular contention during the commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of U.S. bases in Clark and Subic, and the integration of economic policies into the constitution. Lino Brocka, a film director and political activist who was a member of the commission, walked out before the constitution's completion, and two other delegates dissented from the final draft. The Commission finished the final draft on October 12, 1986, and presented it to Aquino on October 15. The constitution was ratified by a nationwide plebiscite on February 2, 1987.
The constitution provided for three governmental branches, namely the executive, legislative, and judicial branches. The executive branch is headed by the president and his appointed cabinet members. The executive, same with the other two co-equal branches, has limited power. This is to ensure that the country will be "safeguarded" if martial law is to be declared. The president can still declare martial law, but it expires within 60 days and Congress can either reject or extend it.
The task of the Supreme Court is to review whether a declaration of martial law is just. The legislative power consists of the Senate and the House of Representatives. There are twenty-four senators and the House is composed of district representatives. It also created opportunities for under-represented sectors of community to select their representative through party-list system. The judiciary branch comprises the Supreme Court and the lower courts. The Supreme Court is granted the power to hear any cases that deals with the constitutionality of law, about a treaty or decree of the government. It is also tasked to administrate the function of the lower courts.
Through the constitution, three independent Constitutional Commissions, namely the Civil Service Commission, Commission on Elections, and Commission on Audit, were created. These Constitutional Commissions have different functions. The constitution also paved a way for the establishment of the Office of the Ombudsman, which has a function of promoting and ensuring an ethical and lawful conduct of the government.

Attempts to amend or change the 1987 Constitution

There are three possible methods by which the Constitution can be amended: a Constituent assembly, Constitutional Convention, or People's Initiative. All three methods require ratification by majority vote in a national referendum. Following the administration of Corazon Aquino, succeeding administrations made several attempts to amend or change the 1987 Constitution.
The first attempt was in 1995. A constitution was drafted by then-Secretary of National Security Council Jose Almonte, but was never completed because it was exposed to the media by different non-government organizations. They saw through a potential change regarding the protection of the people's interests in the constitutional draft.
In 1997, the Pedrosa couple created a group called PIRMA followed with an attempt to change the constitution through a People's Initiative by way of gathering signatures from voters. Many prominent figures opposed the proposition, including Senator Miriam Defensor-Santiago, who brought the issue all the way to the Supreme Court and eventually won the case. The Supreme Court ruled that the initiative not continue, stating that a People's Initiative requires an enabling law for it to push through.
During his presidency, Joseph Ejercito Estrada created a study commission for a possible charter change regarding the economic and judiciary provisions of the constitution. The attempt never attained its purpose after various entities opposed it due apparently to the attempt serving the personal interests of the initiators.
After the Estrada presidency, the administration of Gloria Macapagal-Arroyo endorsed constitutional changes via a Constitutional Assembly, with then-House Speaker Jose de Venecia leading the way. However, due to political controversies surrounding Arroyo's administration, including the possibility of term extension, the proposal was rejected by the Supreme Court.
The next attempt was from then-Speaker of the House Feliciano Belmonte Jr. during President Benigno Aquino III's administration. Belmonte attempted to introduce amendments to the Constitution focusing on economic provisions aiming toward liberalization. The effort did not succeed.
President Rodrigo Duterte oversaw the possibility of implementing federalism on the country. Following his ascension as president after the 2016 presidential election, he signed Executive Order No. 10 on December 7, 2016, creating the Consultative Committee to Review the 1987 Constitution.
A year after Bongbong Marcos was proclaimed president, his first cousin Speaker Martin Romualdez told an economic forum on December 11, 2023 that legislators from the House of Representatives will renew efforts at changing the 1987 charter for them to regulate economic sectors that can be opened for foreign investors, but this time through People's Initiative. Law expert Michael Henry Yusingco commented that Romualdez should show there is clear public support to amend it because without any such proof, plans will encounter hitches like before.

Structure and contents

The Constitution comprises the preamble and eighteen self-contained articles with a section numbering that resets for every article.

Preamble

The opening text introduces the constitution and the people as the source of sovereignty. It follows past constitutions, including an appeal to God. The preamble reads:

Article I – National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Article II – Declaration of Principles and State Policies

Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government. Some essential provisions are:
  • The Philippines is a democratic republic
  • Renunciation of war as a form of national policy
  • Supremacy of civilian over military authority
  • Separation of church and state
  • Pursuit of an independent foreign policy
  • Abrogation of nuclear weaponry
  • Family as the basic unit of the state
  • Role of youth and women in nation-building
  • Autonomy of local governments
  • Equal opportunity for public services and the prohibition of political dynasties
  • Protection and advancement of the right of the people to a balanced and healthful ecology