Eleanor Finch
The Constitution of the Philippines is the supreme law of the Philippines. It establishes a democratic and republican form of government and includes a bill of rights that guarantees freedoms and protections against governmental overreach. The Constitution also organises the main branches of the Philippine government: a legislative department, an executive department, and a judicial department. The Constitution has been amended several times since its creation, with the most recent amendment occurring in 1981. The Philippines has a rich constitutional history, having been influenced by Spanish, American, and French models at various points in time.
| Characteristics | Values |
|---|---|
| Purpose | To establish a government that embodies Filipino ideals, promotes the common good, conserves and develops the nation's patrimony, and secures democracy, truth, justice, freedom, love, equality, and peace |
| Territory | The Philippine archipelago, including all islands, waters, and territories over which the Philippines has sovereignty or jurisdiction |
| Civilian-Military Relations | Civilian authority is supreme over the military |
| Labor Rights | Protection of labor rights, promotion of full employment and equality in employment, ensuring equal work opportunities, and regulating relations between workers and employers |
| Local Government | Promotion of local government autonomy, especially in barrios |
| Citizenship | Defines citizenship as those who are citizens at the time of the Constitution's adoption and those with Filipino parents |
| Double Jeopardy | No person shall be twice put in jeopardy for the same offense |
| Access to Courts | Free access to courts regardless of economic status |
| Duties of Citizens | Loyalty to the Republic, defense of the state, contribution to development and welfare, upholding the Constitution, obedience to laws, and cooperation with authorities |
| Powers of the President | Issuing decrees, orders, or instructions in cases of emergency or when the National Assembly cannot act; granting reprieves, commutations, pardons, and amnesty under certain conditions |
| Judicial System | The Supreme Court and lower courts exercise judicial power; the Supreme Court is appointed by the President from a list of nominees presented by the Judicial and Bar Council |
| Autonomous Regions | Creation of autonomous regions in Muslim Mindanao and the Cordilleras within the framework of the Constitution and national sovereignty |
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What You'll Learn
- The Constitution establishes a democratic and republican form of government
- It guarantees freedoms and protections against governmental overreach
- It organises the three branches of government: legislative, executive, and judicial
- It ensures civilian authority is supreme over the military
- It outlines the powers of the President
The Constitution establishes a democratic and republican form of government
The Constitution of the Philippines is the supreme law of the Philippines. It establishes a democratic and republican form of government, guaranteeing freedoms and protections against governmental overreach. The Constitution consists of a preamble and eighteen articles, outlining the ideals and aspirations of the Filipino people.
The Constitution organises the main branches of the Philippine government, establishing a legislative department, an executive department, and a judicial department. The legislative department, known as the Congress, consists of the Senate and the House of Representatives. The executive department is headed by a President, and the judicial department includes the Supreme Court and lower courts.
The Constitution outlines the powers of the President, including the ability to issue decrees, orders, or letters of instruction in cases of grave emergency or when immediate action is required. It also establishes the independence of the judiciary, with the Supreme Court appointed by the President from a list of nominees presented by a Judicial and Bar Council.
The Constitution promotes the general welfare, conservation, and development of the nation, securing the blessings of democracy, justice, peace, liberty, and equality for the Filipino people. It guarantees the rights of workers, ensures access to justice, and promotes autonomy for local government units.
The Philippines has had a complex constitutional history, influenced by Spanish, American, and Japanese rule. The current Constitution, ratified in 1987, remains unamended and serves as the foundation for the country's democratic and republican form of government.
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It guarantees freedoms and protections against governmental overreach
The Constitution of the Philippines is the supreme law of the Philippines. It guarantees freedoms and protections against governmental overreach. The Constitution consists of a preamble and eighteen articles, which outline the rights and responsibilities of citizens and the structure and function of the government.
One of the key functions of the Philippine Constitution is to establish a democratic and republican form of government. The Constitution organises the main branches of the Philippine government: a legislative department, an executive department, and a judicial department. The legislative department, known as the Congress, consists of the Senate and the House of Representatives. The executive department is headed by a president, and the judicial department includes the Supreme Court and lower courts.
The Constitution also guarantees certain freedoms and protections for the people of the Philippines. For example, it ensures free access to the courts, regardless of economic status. It also establishes the independence of the court system, with the Supreme Court appointed by the President from a list of nominees presented by a Judicial and Bar Council. This ensures that the courts are free from government interference and can provide a check on governmental power.
In addition, the Constitution provides for the creation of autonomous regions in Muslim Mindanao and the Cordilleras, with the President exercising general supervision to ensure the faithful execution of laws. It also outlines the powers of the President during a state of martial law, stating that martial law does not suspend the operation of the Constitution or the functioning of civil courts and legislative assemblies.
The Philippine Constitution has a rich history, with the first Constitution, the Malolos Constitution, being approved in 1899 after the country's independence from Spain. The US suppressed the Philippine independence movement and passed the Jones Act in 1916, specifying that independence would only be granted upon the formation of a stable democratic government. A new constitution was drafted in 1935, but World War II and the Japanese invasion interrupted the transition to independence. After the war, a Japanese "republic" was established, and a new constitution was ratified by Filipino collaborators in 1943. The current Constitution was finalised in 1986 and ratified in 1987, and it remains unamended.
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It organises the three branches of government: legislative, executive, and judicial
The Constitution of the Philippines is the supreme law of the country. It organises the three branches of government: legislative, executive, and judicial.
The legislative branch is a department known as the Congress, which consists of the Senate and the House of Representatives. The executive branch is headed by a president. The judicial branch includes the Supreme Court and lower courts. The Supreme Court is a 15-member court appointed by the President without the need for confirmation by Congress. The Constitution also establishes a system of checks and balances between these three branches of government to ensure that no one branch becomes too powerful.
The first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, ushering in what is known as the First Philippine Republic. However, the US suppressed the Philippine independence movement and passed the Jones Act in 1916, which specified that independence would only be granted upon the formation of a stable democratic government modelled on the American system. A new constitution was drafted in 1935, but World War II and the Japanese invasion interrupted the transition to independence. During this time, a Japanese "republic" was established, which was effectively a period of military rule. A new constitution was ratified in 1943 by Filipino collaborators.
The 1973 Constitution was amended in 1980 and 1981. In the 1981 amendments, the parliamentary system was modified into a French-style semi-presidential system, with executive power restored to the President and direct elections for the President restored. The final draft of the current Constitution was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. It remains unamended.
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It ensures civilian authority is supreme over the military
The Constitution of the Philippines is the supreme law of the Philippines. It consists of a preamble and eighteen articles. The Constitution mandates a democratic and republican form of government and includes a bill of rights that guarantees entrenched freedoms and protections against governmental overreach.
The Constitution organises the main branches of the Philippine government: a legislative department, an executive department, and a judicial department. The legislative department, or Congress, consists of the Senate and the House of Representatives. The executive department is headed by a president, and the judicial department includes the Supreme Court and lower courts.
The 1973 Constitution was further amended in 1980 and 1981. In the 1981 amendments, the parliamentary system was modified into a French-style semi-presidential system, restoring executive power to the President and providing for their direct election.
The Constitution ensures that civilian authority is supreme over the military. This is explicitly stated in the 1973 Constitution, which reads: "Civilian authority is at all times supreme over the military." This means that even during a state of martial law, the Constitution remains in operation, and civil courts and legislative assemblies continue to function. Military courts and agencies do not have jurisdiction over civilians when civil courts are able to function.
The Philippines has a long history of foreign rule, including more than 300 years of Spanish rule, a period of American rule, and a period of military rule by the Japanese Imperial Army during World War II. The country gained independence in 1946 and established a democratic and republican form of government under its Constitution.
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It outlines the powers of the President
The Constitution of the Philippines is the supreme law of the Philippines. It consists of a preamble and eighteen articles, outlining a democratic and republican form of government. The Constitution also organises the main branches of the Philippine government, including the legislative, executive, and judicial departments.
The President of the Philippines is the head of state, head of government, and chief executive of the Philippines. The President leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines. The President is directly elected by the citizens of the Philippines and is limited to a single six-year term.
The Constitution outlines the powers of the President, which include:
- The power to control all the executive departments, bureaus, and offices. This empowers the President to directly manage, direct, or reverse the decisions of subordinate executive officials.
- The power to appoint the heads of the executive departments, ambassadors, public ministers and consuls, officers of the armed forces, and other government officials.
- Veto Power. The President can veto any bill passed by Congress, including specific budgetary items without vetoing the entire bill.
- Power to Initiate Legislation. The President can recommend legislative measures to Congress, which can significantly influence the legislative agenda.
- Power to Call Special Sessions. The President may call Congress into a special session to address urgent national matters.
- Calling Out Powers. The President can "call out" the armed forces to prevent or suppress lawless violence, invasion, or rebellion.
- Power to Declare Martial Law and Suspend the Writ of Habeas Corpus. The President may declare martial law or suspend the writ of habeas corpus in cases of invasion or rebellion when public safety requires it. These measures are subject to time limits and congressional and judicial review.
- Power to Grant Reprieves, Commutations, and Pardons. The President may grant reprieves, commutations, and pardons, and remit fines and forfeitures after conviction by final judgment.
- Power to Grant Amnesty. The President may grant amnesty with the concurrence of a majority of all the Members of Congress.
- Power to Contract Foreign Loans. 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 legal limitations.
- Power to Supervise Local Government Units. The President exercises general supervision over local government units and autonomous regions to ensure the faithful execution of laws.
- Power to Issue Executive Issuances. The President may issue executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and general or special orders.
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Frequently asked questions
The Constitution of the Philippines is the supreme law of the Philippines. It mandates a democratic and republican form of government and includes a bill of rights that guarantees entrenched freedoms and protections against governmental overreach.
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories belonging to the Philippines by historic or legal title. The waters around, between, and connecting the islands of the archipelago form part of the internal waters of the Philippines.
The Constitution guarantees freedoms and protections against governmental overreach. For example, free access to the courts shall not be denied to any person by reason of poverty. It also outlines duties, such as the duty to be loyal to the Republic, to defend the State, and to obey the law.
