Omar Bennett
The 1987 Constitution of the Philippines outlines the country's national territory, government structure, and citizen rights. It establishes the Philippine archipelago as the national territory, including all islands, waters, and other areas under Filipino sovereignty. The constitution emphasizes the ideals of a just and humane society, promoting independence, democracy, truth, justice, freedom, equality, and peace. It grants the President of the Philippines supervision over local governments, ensuring their acts are within prescribed powers. The constitution empowers local government units to generate revenue and levy taxes, and receive a share of national taxes. It also defines Filipino citizenship, protects against double jeopardy, and prohibits ex post facto laws. The document further addresses metropolitan political subdivisions, voter rights, and the grouping of local government units for mutual benefit.
| Characteristics | Values |
|---|---|
| Sovereignty | The constitution is ordained and promulgated by the sovereign Filipino people. |
| 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. |
| Government | The President of the Philippines shall exercise general supervision over local governments. |
| Local Autonomy | Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. |
| Citizenship | The constitution outlines who are citizens of the Philippines. |
| Justice | No person shall be twice put in jeopardy of punishment for the same offense. |
| Legislation | The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite. |
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What You'll Learn
The role of the President of the Philippines
The 1987 Constitution of the Philippines outlines the role of the President of the Philippines, who is vested with the country's executive power. The President is tasked with the general supervision of local governments, ensuring that the acts of their component units are within the scope of their prescribed powers and functions. This includes provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays.
The President of the Philippines plays a crucial role in the country's governance, with the power to create their own revenue sources and levy taxes, fees, and charges, subject to the guidelines and limitations set by Congress. These taxes, fees, and charges accrue exclusively to the Office of the President. The President also has a role in determining the just share of local government units in national taxes, which are automatically released to them.
In addition to financial matters, the President is responsible for ensuring that local governments receive an equitable share in the proceeds of the utilization and development of national wealth within their respective areas. This includes the territorial sea, seabed, subsoil, insular shelves, and other submarine areas that fall under the Philippines' sovereignty or jurisdiction.
The 1987 Constitution also grants the President broad powers to reorganize the government and remove officials. This includes the power to appoint a commission to draft a new Constitution, as was the case with President Corazon C. Aquino, who issued Proclamation No. 3 as a provisional constitution following the 1986 People Power Revolution.
Furthermore, the President of the Philippines has a role in filling the seats of party-list representatives. For three consecutive terms after the ratification of the 1987 Constitution, half of these seats were filled by selection or election from various sectors, including labor, peasant, urban poor, indigenous cultural communities, women, and youth.
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Local government units' powers
The 1987 Constitution of the Republic of the Philippines outlines the powers of local government units, which include provinces, cities, municipalities, and barangays.
Section 4 of the Constitution states that the President of the Philippines shall exercise general supervision over these local governments, ensuring that their acts are within the scope of their prescribed powers and functions. This includes provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays.
Local government units are granted significant fiscal autonomy. Section 5 gives each unit the power to create its own sources of revenue and to levy taxes, fees, and charges, subject to guidelines and limitations set by Congress. These taxes, fees, and charges accrue exclusively to the local governments. Local government units are also guaranteed a just share of national taxes, as determined by law, which shall be automatically released to them.
In terms of regional development, the President is tasked with providing for regional development councils or similar bodies, composed of local government officials, regional heads of departments, and representatives from non-governmental organizations. These bodies are intended to strengthen the autonomy of local government units and accelerate their economic and social growth and development.
The Constitution also provides for the creation of autonomous regions in Muslim Mindanao and the Cordilleras, consisting of provinces, cities, municipalities, and geographical areas with shared historical, cultural, and economic characteristics. These regions are granted legislative powers over matters pertaining to the welfare of the people within their territorial jurisdiction, while peace and order are maintained by local police agencies.
Additionally, local government units may group themselves and coordinate their efforts, services, and resources for purposes that are commonly beneficial. This allows for greater collaboration and consolidation among local governments to achieve shared goals.
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Citizenship
The 1987 Constitution of the Philippines outlines the following provisions regarding citizenship:
Firstly, it defines who is considered a natural-born citizen of the Philippines. These include:
- Those who are citizens at the time of the adoption of the Constitution.
- Those whose fathers or mothers are citizens of the Philippines.
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
- Those who are naturalized in accordance with the law.
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship according to the above provisions shall be deemed natural-born citizens.
Philippine citizenship may be lost or reacquired as outlined by law. Citizens of the Philippines who marry aliens shall retain their citizenship unless they are deemed to have renounced it by act or omission. Additionally, a natural-born citizen of the Philippines who has lost their citizenship may still be a transferee of private lands, subject to limitations provided by law.
Public officers and employees owe allegiance to the State and the Constitution at all times. Any public officer or employee who seeks to change their citizenship or acquire immigrant status in another country during their tenure shall be dealt with according to the law.
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Criminal law
The 1987 Constitution of the Philippines contains several provisions related to criminal law and the rights of accused persons.
Section 13 of the Constitution guarantees the right to bail for all persons, except those charged with offenses punishable by reclusion perpetua (life imprisonment) when there is strong evidence of guilt. Even in such cases, the accused has the right to be released on recognizance. The Constitution also prohibits excessive bail.
Section 14 outlines further rights of accused persons, stating that no person shall be held to answer for a criminal offense without due process of law. This includes the right to a presumption of innocence, the right to counsel, the right to a speedy and public trial, the right to confront witnesses, and the right to compulsory process to secure the attendance of witnesses and evidence.
Section 21 of the Constitution protects against double jeopardy, stating that no person shall be twice put in jeopardy of punishment for the same offense. This means that an acquittal or conviction under one law or ordinance will bar another prosecution for the same act.
The Constitution also prohibits the enactment of ex post facto laws or bills of attainder, which are laws that retroactively change the legal consequences of actions that were taken before the law was passed.
In addition to these specific provisions, the 1987 Constitution also outlines the jurisdiction of courts in criminal cases. It states that the Supreme Court shall have original jurisdiction in all criminal cases where the penalty imposed is reclusion perpetua or higher, and where only a question of law is involved.
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National territory
The 1987 Constitution of the Philippines outlines the country's national territory and asserts the country's sovereignty and jurisdiction over its lands and waters.
The constitution establishes that the national territory of the Philippines comprises the Philippine archipelago, encompassing all the islands and waters within it. This includes the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago are considered internal waters of the Philippines, regardless of their breadth and dimensions.
In addition to the archipelago, the national territory also includes all other territories over which the Philippines has sovereignty or jurisdiction. This extends to the country's terrestrial, fluvial, and aerial domains.
The constitution further addresses the creation of autonomous regions within the Philippines, specifically in Muslim Mindanao and the Cordilleras. These regions consist of provinces, cities, municipalities, and geographical areas that share a common and distinctive historical, cultural, economic, and social context. The establishment of these autonomous regions is intended to occur within the framework of the constitution and respect for the national sovereignty and territorial integrity of the Republic of the Philippines.
The natural resources within the national territory, such as lands of the public domain, waters, minerals, petroleum, and other mineral oils, are owned by the State and are subject to exploration, development, and utilization controlled and supervised by the State.
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Frequently asked questions
The 1987 Constitution establishes the Philippines as a democratic and republican state. It provides for a separation of powers among the legislative, executive, and judicial branches.
The 1987 Constitution states that the President of the Philippines is the chief of state, head of government, and Commander-in-Chief of the armed forces. The President holds executive power and is responsible for ensuring the faithful execution of the laws. The President also exercises general supervision over local governments.
The 1987 Constitution includes provisions on intellectual property rights, protecting the exclusive rights of scientists, inventors, and artists. It also promotes arts and culture, recognising and protecting the rights of indigenous cultural communities. Additionally, the Constitution states that no person shall be twice put in jeopardy of punishment for the same offence.
The 1987 Constitution defines the national territory of the Philippines as comprising the Philippine archipelago, with all the islands and waters embraced therein. This includes the territorial sea, seabed, subsoil, insular shelves, and other submarine areas. The Constitution also states that the waters around, between, and connecting the islands of the archipelago form part of the internal waters of the Philippines.
