Preamble
The preamble introduces the constitution and the source of sovereignty, the people. It follows the
pattern in past constitutions, including an appeal to God. The preamble reads:[2]
We, the sovereign Filipino people, imploring the aid of 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.
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 (inviolable)
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
Article III – Bill of Rights
Article III enumerates specific protections against the abuse of state power, most of which are similar
to the provisions of the U.S. Constitution. Some essential provisions are:
a right to due process and equal protection of law
a right against searches and seizures without a warrant issued by a judge
a right to privacy
The right to freedom of speech and expression, freedom of the press, freedom of assembly, and
the right to petition
The free exercise of religion
a right of abode and the right to travel
a right to information on matters of public concern
a right to form associations
a right of free access to courts
the right to remain silent and to have competent legal counsel
a right to bail and against excessive bail conditions
a right to habeas corpus
the right to a speedy trial
the right against self-incrimination
the right to political beliefs and aspirations
a prohibition against cruel, degrading, or inhuman punishment
protection providing for no imprisonment for debt
the right against double jeopardy
prohibition of ex post facto laws and bills of attainder.
Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these
rights have largely been determined by the Supreme Court through case law.
Article IV – Citizenship
Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born
citizens and naturalized citizens. Natural-born citizens are those who are citizens from birth without
having to perform any act to acquire or perfect Philippine citizenship. The Philippines follows a jus
sanguinis system where citizenship is mainly acquired through a blood relationship with Filipino
citizens.
Natural-born citizenship forms an important part of the political system as only natural-born
Filipinos are eligible to hold high offices, including all elective offices beginning with a representative
in the House of Representatives up to the President.
Article V – Suffrage
Article V mandates various age and residence qualifications to vote and a system of secret ballots
and absentee voting. It also mandates a procedure for overseas and disabled and illiterate Filipinos
to vote.
Article VI – Legislative Department
Article VI provides for a bicameral legislature called the Congress composed of the Senate and the
House of Representatives. It vests upon Congress, among others, the power of investigation and
inquiry in aid of legislation,[3] the power to declare the existence of a state of war,[4] the power of the
purse,[5] the power of taxation,[6] and the power of eminent domain.[7]
Article VII – Executive Department
Article VII provides for a presidential form of government where the executive power is vested on the
President. It provides for the qualification, terms of office, election, and power and functions of the
President. It also provides for a Vice President and for the presidential line of succession.
Article VIII – Judicial Department
Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be
established by law (by Congress). While the power to appoint justices and judges still reside with the
President, the President may only appoint nominees pre-selected by the Judicial and Bar Council, a
body composed of the Chief Justice of the Supreme Court, the Secretary of Justice, the Chairs of
the Senate and House Committees on Justice, and representatives from the legal profession.
Article IX – Constitutional Commissions
Article IX establishes three constitutional commissions: the Civil Service Commission, the
Commission on Elections, and the Commission on Audit,
Article X – Local Government
Article X pursues for local autonomy and mandates Congress to enact a law for the local
government, now currently the Local Government Code.
Article XI – Accountability of Public Officers
Article XI establishes the Office of the Ombudsman which is responsible for investigating and
prosecuting government officials. It also vests upon the Congress the power to impeach the
President, the Vice President, members of the Supreme Court, and the Ombudsman.
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 XVII establishes the methods by which the Constitution may be amended or revised.
Amendments may be proposed by either: a) a three-fourths vote of all Members of Congress (called
a Constituent Assembly), b) a Constitutional Convention, or c) a petition of at least twelve percent of
all registered voters, and at least three percent of registered voters within each district (called
a People's Initiative. All amendments must be ratified in a national referendum.
Article XVIII – Transitory Provisions
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 XIV), 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.
