Constitution of the

Philippines
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Constitution of the
Philippines
Created October 15, 1986
Ratified February 2, 1987
Location Legislative Archives
of the House of
Representatives,
Quezon City
Author(s)
Constitutional Commission of
1986
Signatories
Constitutional Commission of
1986
Purpose National constitution to
replacePresidential
Proclamation No. 3
Philippines

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V
T
E
The Constitution of the
Philippines (Filipino: Saligang Batas ng
Pilipinas), popularly known as the 1987
Constitution, is the constitution or the
supremelaw of the Republic of the
Philippines. It was enacted in 1987, during
the administration of President Corazon C.
Aquino.
[1]

Philippine constitutional law experts
recognise three other previous
constitutions as having effectively
governed the country the
1935Commonwealth Constitution, the 1973
Constitution, and the 1986 Freedom
Constitution.
[2][3]
Two further constitutions
were drafted and adopted during two short-
lived war-time governments, by the
revolutionary forces during thePhilippine
Revolution with Emilio Aguinaldo as
President and by the occupation forces
during the Japanese Occupation of the
Philippines during World War IIwith Jos P.
Laurel as President.
Contents
[hide]
1 Background of the 1987
Constitution
2 Parts of the 1987 Constitution
3 Preamble of the 1987
Constitution
4 Significant features of the 1987
Constitution
5 Historical constitutions
o 5.1 Constitution of Biak-na-Bato
(1897)
o 5.2 Malolos Constitution (1899)
o 5.3 Acts of the United States
Congress
5.3.1 Philippine Organic Act
of 1902
5.3.2 Philippine Autonomy Act
of 1916
5.3.3 TydingsMcDuffie Act
(1934)
o 5.4 Commonwealth and Third
Republic (1935)
o 5.5 Second Republic (1943)
o 5.6 The New Society and the
Fourth Republic (1973)
o 5.7 "Freedom Constitution"
(1986)
6 See also
7 References
o 7.1 Bibliography
8 External links
Background of the 1987
Constitution[edit]
In 1986, following the People Power
Revolution which ousted Ferdinand E.
Marcos as President, and following on her
own inauguration, Corazon C. Aquino issued
Proclamation 3, declaring a national policy
to implement the reforms mandated by the
people, protecting their basic rights,
adopting a provisional constitution, and
providing for an orderly transition to a
government under a new
constitution.
[4]
President Aquino later
issued Proclamation 9, creating
a Constitutional Commission (popularly
abbreviated "ConCom" in the Philippines) to
frame a new charter to supersede the
Marcos-era 1973 Constitution. Aquino
appointed 50 members to the Commission. The
members of the Commission were drawn from
varied backgrounds, including several
former congressmen, former Supreme Court
Chief Justice Roberto Concepcin, Roman
Catholic bishop Teodoro Bacani, and film
director Lino Brocka. Aquino also
deliberately appointed five members,
including former Labour Minister Blas Ople,
who had been allied with Marcos until the
latter's ouster. After the Commission had
convened, it elected Cecilia Muoz-Palma as
its president. Muoz-Palma had emerged as a
leading figure in the anti-Marcos
opposition movement following her
retirement as the first female Associate
Justice of the Supreme Court.
The Commission finished the draft charter
within four months after convening. Several
issues were heatedly debated during the
sessions, including on the form of
government to adopt, the abolition of
the death penalty, the continued retention
of theClark and Subic American military
bases, and the integration of economic
policies into the Constitution. Brocka
would walk out of the Commission before its
completion, and two other delegates would
dissent from the final draft. The ConCom
completed their task on October 12, 1986
and presented the draft constitution to
President Aquino on October 15, 1986. After
a nationwide information campaign, a
plebiscite for its ratification was held on
February 2, 1987. More than three-fourths
of all votes cast, or 76.37% (17,059,495
voters) favoured ratification versus 22.65%
(or 5,058,714 voters) who voted against it.
On February 11, 1987, the new Constitution
was proclaimed, ratified and made
effective, with Aquino, her government, and
the Services pledging allegiance to the It
later that day.
[5]

Parts of the 1987
Constitution[edit]
The Constitution is divided into 18 parts
(excluding the Preamble) which are called
Articles.
Article I - National
Territory
Article II - Declaration of
Principles and State Policies
Article III - Bill of Rights
Article IV - Citizenship
Article V - Suffrage
Article VI- The Legislative
Department
Article VII - Executive
Department
Article VIII - Judicial
Department
Article IX - Constitutional
Commission
Article X - Local Government
Article XI - Accountability
of Public Officers
Article XII - National
Economy and Patrimony
Article XIII - Social Justice
and Human Rights
Article XIV - Education,
Science and Technology, Arts,
Culture and Sports
Article XV - The Family
Article XVI - General
Provisions
Article XVII - Amendments or
Revisions
Article XVIII - Transitory
Provisions
Preamble of the 1987
Constitution[edit]
The Preamble reads:

Preamble
We, the sovereign Filipino
people, imploring the aid of the
Almighty God, in order to build a
just and humane society, and
establish a Government that shall
embody our ideals and
aspirations, promote the common
good, conserve and develop our
patrimony, and secure to
ourselves and our posterity, the
blessings of independence and
democracy under the rule of law
and a regime of truth, justice,
freedom, love, equality, and
peace, do ordain and promulgate
this Constitution.
[1]

Significant features of the
1987 Constitution[edit]

Wikisource has original text
related to this article:
Constitution of the Philippines
(1987)
The Constitution establishes the
Philippines as a "democratic and republican
State", where "sovereignty resides in the
people and all government authority
emanates from them". (Section 1, Article
II) Consistent with the doctrine
of separation of powers, the powers of the
national government are exercised in main
by three branches the legislative
branch composed of Congress, the executive
branch headed by the President, and
the judicial branch with the Supreme
Court occupying the highest tier of the
judiciary. The President and the members of
Congress are directly elected by the
people, while the members of the Supreme
Court are appointed by the President from a
list formed by the Judicial and Bar
Council. As with the American system of
government, it is Congress which enacts
the laws, subject to the veto power of the
President which may nonetheless be
overturned by a two-thirds vote of Congress
(Section 27(1), Article VI). The President
has the constitutional duty to ensure the
faithful execution of the laws (Section 17,
Article VII), while the courts are
expressly granted the power of judicial
review (Section 1, Article VIII), including
the power to nullify or interpret laws. The
President is also recognized as
the commander-in-chief of the armed
forces (Section 18, Article VII).
The Constitution also establishes limited
political autonomy to the local government
units that act as the municipal governments
for provinces, cities, municipalities,
and barangays. (Section 1, Article X) Local
governments are generally considered as
falling under the executive branch, yet
local legislation requires enactment by
duly elected local legislative bodies. The
Constitution (Section 3, Article X)
mandated that the Congress would enact a
Local Government Code. The Congress duly
enacted Republic Act No. 7160, The Local
Government Code of 1991, which became
effective on January 1, 1992.
[6]
The Supreme
Court has noted that the Bill of Rights
"occupies a position of primacy in the
fundamental law".
[7]
The Bill of Rights,
contained in Article III, enumerates the
specific protections against State power.
Many of these guarantees are similar to
those provided in the American
constitution and other democratic
constitutions, including the due
process andequal protection clause, the
right against unwarranted searches and
seizures, the right to free speech and
the free exercise of religion, the right
against self-incrimination, and the right
to habeas corpus. The scope and limitations
to these rights have largely been
determined by Philippine Supreme
Court decisions.
Outside of the Bill of Rights, the
Constitution also contains several other
provisions enumerating various state
policies including, i.e., the affirmation
of labor "as a primary social economic
force" (Section 14, Article II); the equal
protection of "the life of the mother and
the life of the unborn from conception"
(Section 12, Article II); the "Filipino
family as the foundation of the nation"
(Article XV, Section 1); the recognition
of Filipino as "the national language of
the Philippines" (Section 6, Article XVI),
and even a requirement that "all
educational institutions shall undertake
regular sports activities throughout the
country in cooperation with athletic clubs
and other sectors." (Section 19.1, Article
XIV) Whether these provisions may, by
themselves, be the source of enforceable
rights without accompanying legislation has
been the subject of considerable debate in
the legal sphere and within the Supreme
Court. The Court, for example, has ruled
that a provision requiring that the State
"guarantee equal access to opportunities to
public service" could not be enforced
without accompanying legislation, and thus
could not bar the disallowance of so-called
"nuisance candidates" in presidential
elections.
[8]
But in another case, the Court
held that a provision requiring that the
State "protect and advance the right of the
people to a balanced and healthful ecology"
did not require implementing legislation to
become the source of operative rights.
[9]

Historical constitutions[edit]

This section needs
additional citations
for verification. Please
help improve this
article by adding citations
to reliable sources.
Unsourced material may be
challenged and
removed. (February 2013)
Constitution of Biak-na-Bato
(1897)[edit]

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related to this article:
Provisional Constitution of the
Philippines (1897)


The Memorial at Biak-na-Bato National Park
The Katipunan revolution led to the Tejeros
Convention where, at San Francisco de
Malabn, Cavite, on March 22, 1897, the
first presidential and vice presidential
elections in Philippine history were held
although only the Katipuneros (members of
the Katipunan) were able to take part, and
not the general populace. A later meeting
of the revolutionary government established
there, held on November 1, 1897 at Biak-na-
Bato in the town ofSan Miguel de
Mayumo in Bulacn, established the Republic
of Biak-na-Bato. The republic had a
constitution drafted by Isabelo Artacho and
Flix Ferrer and based on the first Cuban
Constitution.
[citation needed]
It is known as the
"Constitucin Provisional de la Repblica
de Filipinas", and was originally written
in and promulgated in the Spanish and
Tagalog languages.
[10]

Malolos Constitution (1899)[edit]
Main article: Malolos Constitution

Wikisource has original text
related to this article:
Constitution of the Philippines
(1899)
The Malolos Constitution was the first
republican constitution in Asia.
[11]
It
declared that sovereignty resides
exclusively in the people, stated basic
civil rights, separated the church and
state, and called for the creation of an
Assembly of Representatives to act as the
legislative body. It also called for a
parliamentary republic as the form of
government. The president was elected for a
term of four years by a majority of the
Assembly.
[12]
It was titled "Constitucin
poltica", and was written in Spanish
following the declaration of independence
from Spain,
[13]
proclaimed on January 20,
1899, and was enacted and ratified by
the Malolos Congress, a Congress held
in Malolos, Bulacan.
[14][15]

The Preamble reads:

"Nosotros los Representantes del
Pueblo Filipino, convocados
legtimamente para establecer la
justicia, proveer a la defensa

comn, promover el bien general y
asegurar los beneficios de la
libertad, implorando el auxilio
del Soberano Legislador del
Universo para alcanzar estos
fines, hemos votado, decretado y
sancionado la siguiente"
(We, the Representatives of
the Filipino people,
lawfully convened in order
to establish justice,
provide for common defence,
promote the general
welfare, and insure the
benefits of liberty,
imploring the aid of the
Sovereign Legislator of the
Universe for the attainment
of these ends, have voted,
decreed, and sanctioned the
following)
Acts of the United
States Congress[edit]
The Philippines was a United
States Territory from
December 10, 1898 to March
24, 1934
[16]
and therefore
under the jurisdiction of
the Federal Government of the
United States. Two acts of
the United States Congress
passed during this period can
be considered Philippine
constitutions in that those
acts defined the fundamental
political principles and
established the structure,
procedures, powers and duties
of the Philippine government.
Philippine Organic Act of
1902[edit]
The Philippine Organic Act of
1902, sometimes known as the
"Philippine Bill of 1902",
was the first organic law for
the Philippine Islands
enacted by the United States
Congress. It provided for the
creation of a popularly
elected Philippine Assembly,
and specified that
legislative power would be
vested in a bicameral
legislature composed of
the Philippine
Commission (upper house) and
the Philippine Assembly
(lower house). Its key
provisions included a bill of
rights for the Filipinos and
the appointment of two non-
voting Filipino Resident
Commissioner of the
Philippines to represent the
Philippines in the United
States House of
Representatives.
Philippine Autonomy Act of
1916[edit]
The Philippine Autonomy Act
of 1916, sometimes known as
"Jones Law", modified the
structure of the Philippine
government by removing the
Philippine Commission as the
legislative upper house and
replacing it with
a Senate elected by Filipino
voters, creating the
Philippines' first fully
elected national legislature.
This act also explicitly
stated that it was and had
always been the purpose of
the people of the United
States to end their
sovereignty over the
Philippine Islands and to
recognise Philippine
independence as soon as a
stable government can be
established therein.
TydingsMcDuffie Act
(1934)[edit]
Though not a constitution
itself, the TydingsMcDuffie
Act of 1934 provided
authority and defined
mechanisms for the
establishment of a formal
constitution via
a constitutional convention.
Commonwealth and Third
Republic (1935)[edit]

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related to this article:
Constitution of the Philippines
(1935)
The 1935 Constitution was
written in 1934, approved and
adopted by the Commonwealth
of the Philippines (1935
1946) and later used by the
Third Republic (19461972).
It was written with an eye to
meeting the approval of
the United States
Government as well, so as to
ensure that the U.S. would
live up to its promise to
grant the Philippines
independence and not have a
premise to hold onto its
possession on the grounds
that it was too politically
immature and hence unready
for full, real independence.
The Preamble reads:

"The Filipino people, imploring
the aid of Divine Providence,
in order to establish a
government that shall embody
their ideals, conserve and
develop the patrimony of the
nation, promote the general
welfare, and secure to
themselves and their posterity
the blessings of independence
under a regime of justice,
liberty, and democracy, do
ordain and promulgate this
constitution."

The original 1935
Constitution provided for
unicameral National Assembly
and the President was elected
to a six-year term without
re-election. It
was amended in 1940 to have a
bicameral Congress composed
of a Senate and House of
Representatives, as well the
creation of an
independent electoral
commission. The Constitution
now granted the President a
four-year term with a maximum
of two consecutive terms in
office.
A Constitutional
Convention was held in 1971
to rewrite the 1935
Constitution. The convention
was stained with manifest
bribery and corruption.
Possibly the most
controversial issue was
removing the presidential
term limit so that Ferdinand
E. Marcos could seek election
for a third term, which many
felt was the true reason for
which the convention was
called. In any case, the 1935
Constitution was suspended in
1972 with Marcos'
proclamation of martial law,
the rampant corruption of the
constitutional process
providing him with one of his
major premises for doing so.
Second Republic
(1943)[edit]

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related to this article:
Constitution of the Philippines
(1943)


President Jose P. Laurel addresses
National Assembly to approve the
1943 Constitution
The 1943 Constitution was
drafted by a committee
appointed by the Philippine
Executive Commission, the
body established by the
Japanese to administer the
Philippines in lieu of
the Commonwealth of the
Philippines which had
established agovernment-in-
exile. In mid-1942 Japanese
Premier Hideki Tj had
promised the Filipinos "the
honor of independence" which
meant that the commission
would be supplanted by a
formal republic.
The Preparatory Committee for
Philippine
Independence tasked with
drafting a new constitution
was composed in large part,
of members of the prewar
National Assembly and of
individuals with experience
as delegates to the
convention that had drafted
the 1935 Constitution. Their
draft for the republic to be
established under the
Japanese Occupation, however,
would be limited in duration,
provide for indirect, instead
of direct, legislative
elections, and an even
stronger executive branch.
Upon approval of the draft by
the Committee, the new
charter was ratified in 1943
by an assembly of appointed,
provincial representatives of
the Kalibapi, the
organization established by
the Japanese to supplant all
previous political parties.
Upon ratification by the
Kalibapi assembly, the Second
Republic was formally
proclaimed (19431945). Jos
P. Laurel was appointed as
President by the National
Assembly and inaugurated into
office in October 1943.
Laurel was highly regarded by
the Japanese for having
openly criticised the US for
the way they ran the
Philippines, and because he
had a degree from Tokyo
International University.
The 1943 Constitution
remained in force in
Japanese-controlled areas of
the Philippines, but was
never recognized as
legitimate or binding by the
governments of the United
States or of the Commonwealth
of the Philippines and
guerrilla organizations loyal
to them. In late 1944,
President Laurel declared a
state of war existed with the
United States and the British
Empire and proclaimed martial
law, essentially ruling by
decree. His government in
turn went into exile in
December 1944, first
to Taiwan and then Japan.
After the announcement of
Japan's surrender, Laurel
formally proclaimed the
Second Republic as dissolved.
Until the 1960s, the Second
Republic, and its officers,
were not viewed as legitimate
or as having any standing,
with the exception of the
Supreme Court, whose
decisions, limited to reviews
of criminal and commercial
cases as part of a policy of
discretion by Chief
Justice Jos Yulo continued
to be part of the official
records (this was made easier
by the Commonwealth
government in exile never
constituting a Supreme Court,
and the formal vacancy in the
chief justice position for
the Commonwealth with the
execution of Chief
Justice Jos Abad Santos by
the Japanese). It was only
during the Macapagal
administration that a partial
political rehabilitation of
the Japanese-era republic
took place, with the official
recognition of Laurel as a
former president and the
addition of his cabinet and
other officials to the roster
of past government officials.
However, the 1943 charter was
not taught in schools and the
laws of the 1943-44 National
Assembly never recognized as
valid or relevant.
The Preamble reads:

"The Filipino people, imploring
the aid of Divine Providence
and desiring to lead a free
national existence, do hereby
proclaim their independence,
and in order to establish a
government that shall promote
the general welfare, conserve
and develop the patrimony of
the Nation, and contribute to
the creation of a world order
based on peace, liberty, and
moral justice, do ordain this

Constitution."
The 1943 Constitution
provided strong executive
powers. The Legislature
consisted of
a unicameral National
Assembly and only those
considered to be anti-US
could stand for election,
although in practice most
legislators were appointed
rather than elected.
The New Society and the
Fourth Republic
(1973)[edit]

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related to this article:
Constitution of the Philippines
(1973)
The 1973 Constitution,
promulgated after
Marcos' declaration of
martial law, but having been
in the planning process for
years before this, was
supposed to introduce
a parliamentary-style
government. Legislative power
was vested in
aunicameral National Assembly
whose members were elected
for six-year terms. The
President was ideally elected
as the symbolic and
purely ceremonial head of
state chosen from amongst the
Members of the National
Assembly for a six-year term
and could be re-elected to an
unlimited number of terms.
Upon election, the President
ceased to be a Member of the
National Assembly. During his
term, the President was not
allowed to be a member of
apolitical party or hold any
other office.
Executive power was meant to
be exercised by the Prime
Minister who was also elected
from amongst the sitting
Assemblymen. The Prime
Minister was to be the head
of government and Commander-
in-Chief of the Armed Forces.
This constitution was
subsequently amended four
times (arguably five,
depending on how one
considers Proclamation 3 of
1986, see below).
From 16-17 October 1976, a
majority of barangay voters
(also called "Citizen
Assemblies") approved
that martial law should be
continued and ratified the
amendments to the
Constitution proposed by
President Marcos.
[19]

The 1976 amendments were:
an Interim Batasang
Pambansa (IBP) substituting
for the Interim National
Assembly;
the President would also
become the Prime Minister
and he would continue to
exercise legislative powers
until such time as martial
law was lifted.
The Sixth Amendment
authorised the President to
legislate on his own on an
"emergency" basis:
Whenever in the judgement
of the President 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.
The 1973 Constitution was
further amended in 1980 and
1981. In the 1980 amendment,
the retirement age of the
members of the judiciary was
extended to 70 years. In the
1981 amendments, the false
parliamentary system was
formally modified into
a French-style semi-
presidential system:
executive power was
restored to the President;
direct election of the
President was restored;
an Executive Committee
composed of the Prime
Minister and not more than
14 members was created to
"assist the President in
the exercise of his powers
and functions and in the
performance of his duties
as he may prescribe;" and
the Prime Minister was a
mere head of the Cabinet.
Further, the amendments
instituted electoral
reforms and provided that a
natural born citizen of the
Philippines who has lost
his citizenship may be a
transferee of private land
for use by him as his
residence.
The last amendments in 1984
abolished the Executive
Committee and restored the
position of Vice-
President (which did not
exist in the original,
unamended 1973 Constitution).
While the 1973 Constitution ideally
provided for a true parliamentary system,
in practise, Marcos had made use of
subterfuge and manipulation in order to
keep executive powers for himself, rather
than devolving these to the Assembly and
the cabinet headed by the Prime Minister.
The end result was that the final form of
the 1973 Constitution after all
amendments and subtle manipulations was
merely the abolition of the Senate and a
series of cosmetic rewordings. The old
American-derived terminology was replaced
by terms more associated with
parliamentary government: for example, the
House of Representatives became known as
the "Batasang Pambans" (National
Assembly), Departments were called
"Ministries", and their cabinet
secretaries became known as "cabinet
ministers", with the President's assistant
the Executive Secretary now being
styled the "Prime Minister", so that
Marcos' purported parliamentary system
functioned as
an authoritaritan presidential system,
with all real power concentrated in the
hands of the President but with the
premise that such was now constitutional.
"Freedom Constitution"
(1986)[edit]

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related to this article:
Proclamation 3: Provisional
Constitution of the Philippines
(1986)
Immediately following
the 1986 People Power
Revolution that ousted
Marcos, President Corazon C.
Aquino issued Proclamation
3 as a provisional
constitution. It adopted
certain provisions from the
1973 Constitution while
abolishing others. It granted
the President broad powers to
reorganise government and
remove officials, as well as
mandating the President to
appoint a commission to draft
a new, more formal
Constitution. This document,
described above, supplanted
the "Freedom Constitution"
upon its ratification in
1987.
See also[edit]
Constitutional economics
Constitutionalism
Charter Change
References[edit]
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a

b
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Constitution of the Republic
of the Philippines: A
Commentary. Manila,
Philippines: Rex Book Store.
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23-2013-8.
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14. Jump up^ Guevara 2005,
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15. Jump up^ Tucker 2009,
pp. 364365
16. Jump up^ On December 10,
1898, the Treaty of
Paris transferredsovereignty
from Spain to the United
States. On March 24, 1934
the United States passed
the TydingsMcDuffie Actthat
allowed the nation to have
self-government through a
ten-year transitional period
in preparation for full
independence. The United
States recognized Philippine
independence in the Treaty
of Manila on July 4, 1946.
17. Jump up^ Summary: Sanidad
vs. Commission on Elections
(GR L-44640, 12 October
1976), berneguerrero.com.
18. Jump up^ G.R. No. L-44640
October 12,
1976, lawphil.net.
19. Jump up^ In Sanidad vs.
Comelec, L-44640, October
12, 1976 the Supreme Court
ruled that on the basis of
absolute necessity both the
constituent power (the power
to formulate a Constitution
or to propose amendments or
revision to the Constitution
and to ratify such proposal,
which is exclusively vested
to the National Assembly,
the Constitutional
Convention, and the
electorate) and legislative
powers of the legislature
may be exercised by the
Chief Executive.
[17][18]

Bibliography[edit]
Cruz, Isagani (1995). "The
Nature of the
Constitution". Constitution
al Law. Philippines:
Central Lawbook Publishing
Co., Inc. pp. 18
20. ISBN 971-16-0333-0.
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