Eleanor Finch
The 1987 Constitution of the Republic of the Philippines was ratified in 1987, following the 1986 People Power Revolution that overthrew Marcos. It was drafted by a Constitutional Commission of 48 members from varied backgrounds, appointed by President Corazon Aquino. The constitution outlines the national territory of the Philippines and establishes a government that promotes the common good, conserves and develops the country's patrimony, and secures the blessings of independence and democracy for its citizens. It also includes sections on citizenship, the rights and duties of citizens, the structure and powers of the government, and the role of the President.
| Characteristics | Values |
|---|---|
| Name | The 1987 Constitution of the Republic of the Philippines, otherwise known as the 1987 Philippine Constitution |
| Type | Comprehensive Constitution |
| Date of Ratification | February 2, 1987 |
| Key Features | - It restored democracy and civil liberties in the Philippines after the dictatorial rule of Ferdinand Marcos. - It established a unitary republican state with a presidential form of government. - It introduced a bicameral legislature, with the Senate and House of Representatives. - It provided for an independent judicial system with the Supreme Court as the highest judicial body. - It guaranteed human rights and social justice, including the rights of indigenous cultural communities. - It included provisions for citizen's rights, such as the right to vote, freedom of speech and assembly, and due process of law. - It outlined the structure and powers of local government units, providing for their autonomy. |
| Amendments | Can be amended through a national referendum or a constitutional convention. No amendment can be made within five years from the date of its ratification. |
| Significance | The 1987 Constitution is a foundational document that ensures the protection of Filipino citizens' rights and freedoms, and outlines the structure and functions of the government. It has been amended several times to adapt to the changing needs of the country. |
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What You'll Learn
The Filipino people's aims and beliefs
The 1987 Constitution of the Republic of the Philippines was created to embody the Filipino people's ideals and aspirations, promoting the common good, conserving and developing the nation's patrimony, and securing the blessings of independence and democracy. The Filipino people's aims and beliefs are reflected in the constitution's provisions, which outline the rights and responsibilities of citizens, the structure and powers of the government, and the principles that guide the nation.
One of the key aims of the Filipino people, as reflected in the constitution, is to establish a just and humane society. This includes ensuring equal protection and rights for all citizens, regardless of social status, and guaranteeing certain fundamental freedoms, such as freedom of speech, of the press, and of assembly. The constitution also outlines the right to due process and protection against unreasonable searches and seizures, reflecting the Filipino people's belief in the importance of fair and humane treatment under the law.
Another important belief held by the Filipino people is the value of democracy and good governance. The constitution establishes a republican form of government, with the executive power vested in the President of the Philippines, who must be a natural-born citizen. It also provides for a system of checks and balances, with a Congress that can propose and enact laws, and a Supreme Court that interprets the constitution and protects citizens' rights. The Filipino people's belief in the importance of transparency and accountability is reflected in the constitution's provisions for regular elections, as well as the requirement for public officials to disclose their assets and liabilities.
The Filipino people's commitment to social justice and the improvement of the quality of life for all is also evident in the constitution. It includes provisions for the protection of labour rights, the promotion of social welfare, and the development of the nation's natural resources for the benefit of all. The constitution also recognises the importance of education, health, and the environment, and outlines the government's responsibilities in these areas.
Additionally, the Filipino people's respect for the nation's history and culture is reflected in the constitution. It acknowledges the role of the Philippines' heroes and patriots in shaping the nation, and recognises the importance of the family as the foundation of the nation. The constitution also includes provisions for the protection and promotion of the nation's cultural heritage, including its indigenous cultures and languages.
Overall, the 1987 Constitution of the Republic of the Philippines reflects the Filipino people's aspirations for a just, humane, and democratic society, with a government that promotes the common good and protects the rights and freedoms of its citizens. The constitution embodies the Filipino people's beliefs and values, providing a framework for the nation's governance and the realisation of their collective aspirations.
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Citizenship requirements
The 1987 Constitution of the Republic of the Philippines outlines the following citizenship requirements:
Firstly, those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution are considered citizens. This is a standard clause included in new constitutions to establish the citizenship of those who were citizens under the previous legal framework.
Secondly, those whose fathers or mothers are citizens of the Philippines are considered citizens themselves. This is a principle of citizenship transmission by descent, which means that citizenship is acquired through one's parents.
Thirdly, those born before January 17, 1973, to Filipino mothers can elect to become citizens of the Philippines upon reaching the age of majority. This clause was included to address a change in the 1973 Constitution, which removed the requirement for children of Filipina mothers and foreign fathers to formally elect Philippine citizenship upon reaching legal age. The 1987 Constitution reinstated this requirement for those born before the date that martial law was declared in 1972.
Fourthly, those who are naturalized in accordance with the law are considered citizens. Foreign nationals may naturalize as Philippine citizens after meeting certain requirements, including a minimum residence requirement (usually 10 years), acquiring real estate, demonstrating proficiency in English or Spanish and a Philippine language, and fulfilling a good character requirement. To initiate the naturalization process, individuals must file a petition for naturalization with the Court of First Instance in the province where they have resided for at least the previous year.
It is important to note that Philippine citizenship may be lost or reacquired according to the law. For example, citizens of the Philippines who marry aliens shall retain their citizenship unless they are deemed to have renounced it by their actions or omissions. On the other hand, Philippine women who married foreign men and acquired their husband's nationality automatically lost their Philippine citizenship under previous laws.
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Legislative districts
The 1987 Constitution of the Republic of the Philippines outlines the structure of the country's government, consisting of three branches: the executive, legislative, and judicial.
The legislative branch, also known as the Congress, is made up of the Senate and the House of Representatives. The Senate consists of 24 senators, while the House of Representatives is composed of district representatives.
The 1987 Constitution provides specific guidelines for legislative districts, which are outlined in Section 6. Each legislative district is to comprise, as far as practicable, contiguous, compact, and adjacent territory. This means that each city with a population of at least 250,000 or each province is to be represented by at least one member in the House of Representatives. This ensures that each area has a voice and representation in the legislative body.
Within three years of the return of every census, the Congress is tasked with reapportioning the legislative districts based on the standards provided in the Constitution. This process ensures that representation remains equitable and adapts to changes in population distribution over time.
Additionally, the Constitution sets qualifications for those seeking to become Members of the House of Representatives. To be eligible, an individual must be a natural-born citizen of the Philippines, at least twenty-five years old on the day of the election, able to read and write, and meet other requirements as outlined in Section 6.
The legislative branch, through the system of legislative districts, plays a crucial role in representing the diverse interests and needs of the Filipino people, ensuring that their voices are heard and reflected in the laws and policies enacted by the government.
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Presidential power
The 1987 Constitution of the Republic of the Philippines establishes a representative democracy with power divided among three separate and independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. The executive power is vested in the President of the Philippines.
The President of the Philippines has the power to nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain. The President also appoints all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The President has the power to make appointments during the recess of Congress, but these appointments are only effective until disapproved by the Commission on Appointments or until the next adjournment of Congress.
The President may grant reprieves, commutations, and pardons, and remit fines and forfeitures after conviction by final judgment, except in cases of impeachment. The President can also grant amnesty with the concurrence of a majority of all the Members of Congress. The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board and subject to limitations provided by law.
The President exercises general supervision over autonomous regions to ensure that laws are faithfully executed. The President, Vice-President, and Members of the Cabinet shall not hold any other office or employment during their tenure, unless otherwise provided in the Constitution.
In the case of a serious illness of the President, the public shall be informed of the state of their health. The Members of the Cabinet in charge of national security and foreign relations, and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness. If Congress determines by a two-thirds vote that the President is unable to discharge the powers and duties of their office, the Vice-President shall act as President; otherwise, the President shall continue exercising their powers.
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Amending the Constitution
The 1987 Constitution of the Philippines is the current constitution of the Republic of the Philippines. It was drafted by the Constitutional Commission of 1986, created after the People Power Revolution that overthrew the dictatorship of Ferdinand Marcos. The commission, made up of 48 members, was tasked with writing a new constitution to replace the Marcos-era constitution and restore democratic governance to the country. The final draft of the constitution was completed on October 12, 1986, and was ratified by a nationwide plebiscite on February 2, 1987.
The 1987 Constitution of the Philippines outlines a rigorous process for making amendments, demonstrating the importance placed on stability and continuity in the nation's fundamental law. There are three primary methods through which amendments can be proposed. Firstly, through a vote of three-fourths of all the members of the Congress, with Congress having the power to propose amendments by a vote of three-fourths of all its members, which equates to 216 out of 288, of both houses must concur. Secondly, a constitutional convention can be called, consisting of delegates elected for this purpose. Finally, through a people's initiative, where at least 12% of the total number of registered voters, with each legislative district being represented by at least 3% of the voters therein, can propose amendments through a petition. In all these methods, the proposed amendments must be published in newspapers of general circulation for three months before they are submitted to the voters for ratification.
Once proposed, amendments must be ratified by a majority of the votes cast in a national referendum, with the process being supervised by the Commission on Elections. Certain sections of the constitution, however, have additional requirements for amendment. For instance, any amendment to Article XVII of the constitution, which includes provisions on amendments, must be ratified by a majority of all the members of the Congress, and ratified by the people. Furthermore, no amendment to this constitution amending Article II, which includes the declaration of principles and state policies, can be made "to impair the inherent rights of the State to learn its natural resources to develop and utilize the same for the common good."
The 1987 Constitution also includes a clause that prevents amendments from being made to extend the term of any incumbent official, or to allow an official to serve more than two terms. This ensures that the constitution cannot be easily manipulated to favor those in power, and protects the democratic principles it upholds. While the process of amending the constitution is deliberately challenging, it is not impossible, and amendments have been made since its ratification. One notable example is the removal of the restrictive economic provisions, which paved the way for a more open and market-driven economy.
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Frequently asked questions
The 1987 Constitution of the Philippines is the fifth and current constitution of the Philippines. It was preceded by a provisional constitution, Proclamation No. 3, which was issued by President Corazon Aquino following the 1986 People Power Revolution that overthrew the Marcos regime.
The 1987 Constitution of the Philippines establishes a government that embodies the ideals and aspirations of the Filipino people, promoting the common good, conserving and developing the patrimony of the nation, and securing the blessings of independence and democracy. It outlines the national territory of the Philippines and establishes that the country's executive power is vested in the President. It also sets out the rights and responsibilities of Filipino citizens, including provisions on citizenship and protections against double jeopardy.
The Constitution of the Philippines can be amended through three methods: a Constituent Assembly (Con-Ass), a Constitutional Convention (Con-Con), or a People's Initiative. All three methods require ratification by majority vote in a national referendum.
