Simone Lawson
The Philippine Constitution has undergone several iterations since the first presidential and vice-presidential elections in Philippine history took place in 1897. The current constitution, ratified in 1987, is divided into three essential parts: the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty. These sections outline the fundamental civil and political rights of citizens, impose limitations on government powers, and establish the basic framework and underlying principles of the government.
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What You'll Learn
- The 1987 Constitution is divided into three parts: Constitution of Liberty, Constitution of Government, and Constitution of Sovereignty
- The Constitution establishes the position of Vice-President, who can serve up to two consecutive six-year terms
- The document outlines the basic social and political creed of the Philippines and sets forth the objectives of the government
- The Constitution defines the national territory of the Philippines, including its islands, waters, and territories over which it has sovereignty or jurisdiction
- The Constitution provides for the establishment of autonomous regions in Muslim Mindanao and the Cordilleras, with the President exercising general supervision
The 1987 Constitution is divided into three parts: Constitution of Liberty, Constitution of Government, and Constitution of Sovereignty
The 1987 Constitution of the Republic of the Philippines is divided into three parts: the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty. This Constitution was established to build a just and humane society and to secure the blessings of independence and democracy for the Filipino people.
Constitution of Liberty
The Constitution of Liberty guarantees various freedoms and rights for the people of the Philippines. It includes sections on the liberty of abode and the right to travel, the right to information on matters of public concern, and the right to form unions, associations, or societies. It also establishes the separation of Church and State and the renunciation of war as an instrument of national policy.
Constitution of Government
The Constitution of Government outlines the structure and functions of the government of the Philippines. It includes sections on the executive power vested in the President, the supervision of autonomous regions, and the role of Congress in enacting laws and providing for a system of initiative and referendum. It also covers the jurisdiction of the Supreme Court and the fiscal autonomy of the Judiciary.
Constitution of Sovereignty
The Constitution of Sovereignty establishes the sovereignty of the Filipino people and the integrity of the national territory, which includes the Philippine archipelago and all other territories over which the Philippines has sovereignty or jurisdiction. It outlines the duties of the government to serve and protect the people, maintain peace and order, and promote the general welfare for the enjoyment of democracy by all.
The 1987 Constitution of the Republic of the Philippines is a comprehensive document that outlines the rights, freedoms, and duties of the Filipino people, as well as the structure and functions of their government, with the ultimate goal of establishing a just and humane society.
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The Constitution establishes the position of Vice-President, who can serve up to two consecutive six-year terms
The Constitution of the Republic of the Philippines was ratified in 1943, though it was never recognised as legitimate or binding by the US, the Commonwealth of the Philippines, or guerrilla organisations loyal to them. The current constitution, which was enacted in 1987, is divided into three essential parts: the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty.
The Constitution also 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. It enumerates specific protections against the abuse of state power, including the right to due process and equal protection under the law, freedom of speech and expression, freedom of the press, and freedom of assembly.
The Constitution further outlines the key concerns addressed in the Philippine government, such as territory, principles and policies, the bill of rights, citizenship, suffrage, the legislative, executive, and judicial branches, and methods for amendment. It establishes the national territory of the Philippines, which includes the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction.
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The document outlines the basic social and political creed of the Philippines and sets forth the objectives of the government
The 1987 Constitution of the Republic of the Philippines is divided into three essential parts: the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty. The document outlines the basic social and political creed of the Philippines and sets forth the objectives of the government.
The Constitution of Liberty, found in Articles II, III, IV, V, and XII, sets forth the fundamental civil and political rights of citizens and imposes limitations on the powers of the government. Article II, the Declaration of Principles and State Policies, lays out the basic social and political creed of the Philippines and sets forth the objectives of the government. It includes 28 provisions or sections on these topics. Article III, the Bill of Rights, enumerates 22 provisions or sections outlining specific protections against the abuse of state power, including the right to due process and equal protection under the law, freedom of speech and expression, freedom of the press, freedom of assembly, and protection from searches and seizures without a warrant issued by a judge. These rights are similar to those provided in the U.S. Constitution, and their scope and limitations have largely been determined by the Supreme Court through case law. Article IV defines the citizenship of Filipinos, while Article V addresses suffrage, and Article XII covers the National Economy and Patrimony.
The Constitution of Government establishes the structure and powers of the Philippine government. It defines the qualifications and election process for the President and Vice-President, who are elected separately and may come from different political parties. It also outlines the role of the Cabinet, the legislative branch, and the judicial branch, which includes the Supreme Court and lower courts. The Constitution of Government also addresses the establishment of autonomous regions in Muslim Mindanao and the Cordilleras, with the President exercising general supervision to ensure the faithful execution of laws.
The Constitution of Sovereignty addresses national territory, asserting the Philippines' sovereignty over the Philippine archipelago and all islands, waters, and territories within its jurisdiction. It also includes provisions for political rights, such as the right to participate in the establishment or administration of the government, and the right to exercise the franchise and hold public office.
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The Constitution defines the national territory of the Philippines, including its islands, waters, and territories over which it has sovereignty or jurisdiction
The Constitution of the Republic of the Philippines, also known as the 1987 Constitution, outlines the national territory of the Philippines, encompassing the Philippine archipelago with all its inherent islands and waters, as well as other territories under Filipino sovereignty or jurisdiction. This includes the terrestrial, fluvial, and aerial domains, along with the territorial sea, seabed, subsoil, insular shelves, and submarine areas. The waters surrounding, lying between, and connecting the islands of the archipelago are considered internal waters of the Philippines, regardless of their breadth and dimensions.
The Constitution further establishes the creation of autonomous regions within the nation. These regions, such as Muslim Mindanao and the Cordilleras, are characterised by their unique historical and cultural heritage, economic structures, and social characteristics. The President of the Philippines maintains general supervision over these autonomous regions to ensure the faithful execution of laws.
The national territory, as defined by the Constitution, also includes the territorial sea and various submarine areas. This indicates that the Philippines has jurisdiction over a certain extent of the sea adjacent to its coast, although the exact extent is not specified in the available sources. The inclusion of these maritime areas within the national territory grants the Philippines certain rights and responsibilities under international law, such as the United Nations Convention on the Law of the Sea (UNCLOS).
The primary objective of the Constitution is to secure the sovereignty of the state and maintain the integrity of the national territory. This is evident in the establishment of autonomous regions and the delineation of territorial boundaries. The Constitution also emphasises the duty of the government to serve and protect the people, promote the general welfare, and uphold the blessings of democracy for all citizens.
In summary, the Constitution of the Republic of the Philippines clearly defines the national territory, encompassing the archipelago, its islands, waters, and other territories under Filipino sovereignty or jurisdiction. This comprehensive definition of the national territory provides a basis for the country's governance, autonomy, and international relations while also affirming the government's duty to protect and serve its citizens.
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The Constitution provides for the establishment of autonomous regions in Muslim Mindanao and the Cordilleras, with the President exercising general supervision
The 1987 Constitution of the Republic of the Philippines outlines the country's national territory, ideals, aspirations, and the establishment of autonomous regions. The Constitution provides for the creation of autonomous regions in Muslim Mindanao and the Cordilleras, each consisting of provinces, cities, municipalities, and geographical areas. These regions are intended to preserve the unique historical and cultural heritage, economic and social structures, and other relevant characteristics of the areas they encompass, while remaining within the framework of the Philippine Constitution and upholding the national sovereignty and territorial integrity of the Republic of the Philippines.
The establishment of these autonomous regions is supervised by the President of the Philippines, who exercises general supervision to ensure the faithful execution of laws. While the autonomous regions are granted a degree of legislative power, certain matters remain under the jurisdiction of the National Government. These include foreign affairs, national defence and security, postal service, coinage and fiscal policies, administration of justice, customs and tariffs, citizenship, naturalization, immigration, general auditing, national elections, transportation, communications, trademarks, foreign trade, and more.
The creation of the Autonomous Region in Muslim Mindanao was a process that spanned several years and faced some legal challenges. It was first proposed in the 1970s by President Ferdinand Marcos, but a plebiscite rejected the idea. The region was officially created on August 1, 1989, through Republic Act No. 6734, also known as the Organic Act. However, in 2008, the Supreme Court of the Philippines voided the creation of Shariff Kabunsuan, declaring unconstitutional the section of RA 9054 that granted the ARMM Regional Assembly the power to create provinces and cities. This highlighted the ongoing legal and political complexities surrounding the establishment of these autonomous regions.
The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) is the latest iteration of the autonomous region, established through the Bangsamoro Organic Law (BOL) signed by President Rodrigo Duterte in 2018. The BARMM replaced the previous Autonomous Region in Muslim Mindanao (ARMM) and is governed by the Bangsamoro Transition Authority, an interim government for the region.
The Constitution also outlines the role of Congress in supporting the establishment and functioning of these autonomous regions. Congress is responsible for enacting an organic act for each autonomous region, with the assistance of a regional consultative commission. Additionally, Congress plays a crucial role in decentralising the local government structure, allocating powers, responsibilities, and resources to different local government units, and providing for the election, appointment, and removal of local officials.
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Frequently asked questions
The 1987 Philippine Constitution is categorised into three essential parts: the Constitution of Liberty, the Constitution of Government, and the Constitution of Sovereignty.
The Philippine Constitution addresses key concerns such as territory, principles/policies, bill of rights, citizenship, suffrage, the legislative, executive and judicial branches, and methods for amendment.
Article II of the Philippine Constitution outlines the basic social and political creed of the Philippines, including the implementation of the constitution and the objectives of the government.
The President of the Philippines must be a natural-born citizen, at least 40 years old, able to read and write, and must have resided in the Philippines for at least 10 years before the election day.
