Constitution of the Philippines
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon
ng Pilipinas, Spanish: Constitución de la República de Filipinas) is the constitution or supreme law of
the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on
October 12, 1986 and was ratified by a nationwide plebiscite on February 2, 1987.
Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth
Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.
The earliest constitution establishing a "Philippine Republic," the 1899 Malolos Constitution, was never
fully implemented throughout the Philippines and did not establish a state that was internationally
recognized, due in great part to the ongoing American invasionduring the time of its adoption.
Background of the 1987 Constitution
Ruling by decree during the early part of her tenure and as a president installed via the People
Power Revolution, President Corazon Aquino issued Proclamation No. 3 on March 25, 1986 which
abrogated many of the provisions of the then 1973 Constitution adopted during the Marcos regime
including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and
provisions which gave the President legislative powers. Often called the "Freedom Constitution," this
constitution was only intended as a temporary constitution to ensure the freedom of the people and the
return to democratic rule. A constitutional commission was soon called to draft a new constitution for
the country.
The Constitutional Commission was composed of fifty members appointed by Aquino from varied
backgrounds including several former members of the House of Representatives, former justices of
the Supreme Court, a Roman Catholic bishop, and political activists against the Marcos regime. The
Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as its
president. 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 the 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 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 Corazon Aquino on October 15. The constitution was
ratified by a nationwide plebiscite on February 8, 1987.
Structure and contents
The preamble and eighteen self-contained articles with a section numbering that resets for every article.
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:
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.
