Jonah Patel
The 1987 Constitution of the Republic of the Philippines is significant as it lays the foundation for the country's governance and outlines the fundamental rights of its citizens. It comprises a preamble and eighteen self-contained articles, each addressing different aspects of the nation's legal and governmental framework. The preamble, which begins with We, the sovereign Filipino people, sets the tone for the constitution, emphasising the sovereignty of the Filipino people and their aspirations for a just, humane, and democratic society. This constitution superseded the Freedom Constitution, marking a transition from the 1973 Constitution and introducing provisions to ensure a smooth shift in governance. The 1987 Constitution also incorporates international law, recognising the Philippines' international obligations and commitment to human rights and social justice.
| Characteristics | Values |
|---|---|
| Source of Power | The preamble states that the power to create and amend the constitution comes from the sovereign Filipino people. |
| Statement of Principles | It outlines the core values and principles that the constitution and the Filipino people uphold, including God-centeredness, national sovereignty, democracy, and social justice. |
| Historical Context | Recognizes the historical struggles and sacrifices of the Filipino people against colonial rule and dictatorial regimes, and affirms the importance of learning from history to protect freedom and democracy. |
| Declaration of State Policies | Provides an overview of the state's responsibilities and goals in areas such as national economy, social justice, labor, education, science and technology, arts and culture, environmental protection, and international relations. |
| Guiding Document for Interpretation | Serves as an interpretive guide for understanding and interpreting the constitution. It provides context and helps clarify the intentions and purposes of the constitution's provisions. |
| Inspiration and Unity | Inspires and unifies the people by articulating shared values and aspirations, and by reminding citizens of their collective history and the need to work together for a better future. |
| Foundation for Constitutional Amendments | Any proposed amendments to the constitution must be consistent with the principles outlined in the preamble, ensuring that the core values and foundations of the constitution are preserved. |
| Emphasis on Human Dignity | Recognizes the inherent dignity of the human person as a cornerstone of community and government, emphasizing the importance of protecting human rights and ensuring that the government serves the people. |
| Promotion of Common Good | The preamble expresses the commitment to promote the common good and the welfare of all the people, especially the marginalized and disadvantaged segments of society. |
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What You'll Learn
- The 1987 Constitution of the Philippines lays out the foundation for the country's governance and the fundamental rights of its people
- The preamble introduces the constitution and recognises the Filipino people as the source of sovereignty
- The constitution outlines the importance of adopting and adhering to international law and international obligations
- It establishes the nation's commitment to human rights and social justice, with a focus on improving the living conditions of the poor
- The constitution outlines the role and responsibilities of the three independent Constitutional Commissions
The 1987 Constitution of the Philippines lays out the foundation for the country's governance and the fundamental rights of its people
The 1987 Constitution of the Philippines is a foundational document that outlines the country's governance structure and the fundamental rights of Filipino citizens. It serves as a critical framework for the nation's legal and political systems, providing a set of guiding principles to ensure a just and democratic society.
The constitution-drafting process began after the 1986 People Power Revolution, which resulted in the ousting of Marcos and the installation of President Corazon C. Aquino. Recognising the need for a new constitution, Aquino issued Proclamation No. 3, which served as a provisional constitution. This document granted the President broad powers to reorganise the government and mandated the formation of a commission to draft a permanent constitution.
The Constitutional Commission, composed of 48 members from diverse backgrounds, including former lawmakers, justices, a Catholic bishop, and political activists, was tasked with crafting the new constitution. The commission faced several contentious issues, including the form of government, the death penalty, and economic policies. Despite these challenges, the commission finalised the draft constitution in October 1986, and it was ratified in 1987, replacing the transitional "Freedom Constitution".
The 1987 Constitution is comprised of a preamble and eighteen self-contained articles. The preamble emphasises the sovereignty of the Filipino people and their aspirations for a just and humane society. It invokes Almighty God and expresses the desire to establish a government that embodies these ideals, promotes the common good, and secures independence and democracy.
The subsequent articles address various aspects of governance and fundamental rights. They cover topics such as the national territory, principles and state policies, the Bill of Rights, citizenship, suffrage, legislative and executive departments, judicial department, constitutional commissions, local government, accountability of public officers, the national economy, social justice, human rights, education, family, and general provisions.
The constitution also incorporates the principles of international law, including the adoption of widely accepted international legal norms, compliance with treaties, respect for sovereign equality, and a commitment to human rights and social justice on the global stage. It establishes independent constitutional commissions, such as the Civil Service Commission, the Commission on Elections, and the Commission on Audit, to ensure merit-based recruitment, electoral integrity, and government accountability.
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The preamble introduces the constitution and recognises the Filipino people as the source of sovereignty
The 1987 Constitution of the Republic of the Philippines is a comprehensive document that lays the foundation for the country's governance and outlines the fundamental rights of its citizens. The preamble to this constitution is significant as it introduces the document and recognises the Filipino people as the source of sovereignty. This recognition of popular sovereignty is a powerful statement of democratic ideals, affirming that the people of the Philippines are the ultimate authority in their nation's governance.
The preamble sets the tone and provides context for the constitution's provisions, reflecting the aspirations and values of the Filipino people. It begins with the words "We, the sovereign Filipino people", acknowledging the nation's collective identity and unity. This introduction is a powerful statement of self-determination and national pride, reflecting the Filipino people's desire for a just and humane society.
The preamble also expresses the Filipino people's desire to establish a government that embodies their ideals and aspirations. It highlights the importance of promoting the common good, conserving and developing the nation's patrimony, and securing the blessings of independence and democracy for present and future generations. This section of the preamble emphasises the role of the constitution in establishing a government that is accountable to its citizens and committed to their well-being.
Recognising the Filipino people as the source of sovereignty is a crucial aspect of the preamble as it affirms the principle of popular sovereignty, which is a fundamental tenet of democratic governance. This recognition empowers the people to shape their nation's future and hold their leaders accountable. It also reinforces the legitimacy of the constitution, suggesting that it derives its authority from the will of the people themselves.
The 1987 Constitution was drafted by a Constitutional Commission appointed by President Corazon C. Aquino following the 1986 People Power Revolution. The commission consisted of individuals from diverse backgrounds, including former members of the House of Representatives, former Supreme Court justices, a Catholic bishop, and political activists against the Marcos regime. This diverse group worked together to create a constitution that reflected the aspirations and values of the Filipino people, as expressed in the preamble.
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The constitution outlines the importance of adopting and adhering to international law and international obligations
The 1987 Constitution of the Philippines is significant as it outlines the country's commitment to international law and its obligations on the global stage. This constitution came into being following the 1986 People Power Revolution that overthrew the Marcos regime. President Corazon Aquino formed a Constitutional Commission to draft this document, which was ratified in 1987.
The preamble of the 1987 Constitution is an important statement of the Filipino people's sovereignty, their desire to build a just and humane society, and to secure for themselves and their posterity "the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace".
The constitution further underscores the importance of respecting the sovereign equality of states and maintaining an independent foreign policy. This means prioritising national sovereignty, territorial integrity, and national interest. The document also establishes the principle of local autonomy and the creation of autonomous regions, with provinces, cities, municipalities, and barangays vested with executive and legislative powers.
The 1987 Constitution provides for judicial review, empowering the judiciary to declare acts of the executive and legislative branches unconstitutional. It guarantees the independence of the judiciary, with the Supreme Court enjoying security of tenure and fiscal autonomy. The constitution also establishes three independent Constitutional Commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit, each with specific roles in ensuring good governance and accountability.
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It establishes the nation's commitment to human rights and social justice, with a focus on improving the living conditions of the poor
The 1987 Constitution of the Philippines establishes the nation's commitment to human rights and social justice, with a focus on improving the living conditions of the poor. This document, which replaced the "Freedom Constitution" and served as a transition from the 1973 Constitution, outlines the fundamental rights of Filipinos and the foundation for the country's governance.
One of the key principles enshrined in the 1987 Constitution is the promotion of human rights. To this end, the Commission on Human Rights (CHR) was established. This body is tasked with ensuring that the state promotes accessible education, fosters Filipino culture and heritage, and guarantees free and compulsory primary and secondary education. The state is also encouraged to develop a national language.
The 1987 Constitution also emphasises the importance of social justice, particularly in relation to national development. It specifically mentions improving the living conditions of the poor. To achieve this, the constitution includes provisions for the state's regulation of monopolies and enterprises to promote the general welfare. Additionally, it establishes the principle of local autonomy and the creation of autonomous regions, with local government units being vested with executive and legislative powers.
The 1987 Constitution also incorporates the principles of international law into the legal system of the Philippines. This includes the adoption of widely accepted international law principles, compliance with treaties and international agreements, and respect for the sovereign equality of states. By recognising the binding nature of international obligations, the Philippines has further demonstrated its commitment to human rights and social justice on the international stage.
The creation of the 1987 Constitution was a collaborative effort involving members from diverse backgrounds, including former members of the House of Representatives, former Supreme Court justices, a Catholic bishop, and political activists against the Marcos regime. The Constitutional Commission, composed of 48 members appointed by President Corazon C. Aquino, played a crucial role in drafting this important document.
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The constitution outlines the role and responsibilities of the three independent Constitutional Commissions
The 1987 Constitution of the Philippines was established following the 1986 People Power Revolution, which overthrew the Marcos regime. President Corazon Aquino issued Proclamation No. 3 as a provisional constitution, which granted her broad powers to reorganise the government and remove officials. This provisional constitution lasted a year, during which a Constitutional Commission was formed to draft a new constitution. The commission was composed of 48 members from diverse backgrounds, including former legislators, Supreme Court justices, a Catholic bishop, and political activists.
The Constitution of the Philippines comprises a preamble and eighteen self-contained articles. The preamble introduces the constitution and asserts the people as the source of sovereignty, with an appeal to God.
The constitution outlines the role and responsibilities of three independent Constitutional Commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. These commissions are intended to perform vital government functions independently and have fiscal autonomy. The members of these commissions are appointed for fixed terms and can only be removed through impeachment.
The Civil Service Commission oversees the professionalisation of the civil service and determines the qualifications for civil service positions. The Commission on Elections ensures free and honest elections. The Commission on Audit ensures transparency and accountability in government spending. Each commission has specific qualifications, terms of office, powers, and functions stated in the constitution, emphasising the merit principle in public service.
The document also outlines the principles of accountability for public officers, emphasising integrity and responsibility. It details the impeachment process for high-ranking officials and the roles of the ombudsman and the anti-graft court in addressing corruption.
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Frequently asked questions
The 1987 Constitution is the supreme law of the Republic of the Philippines. It lays out the foundation for the governance of the Philippines and the fundamental rights of its people.
The preamble to the 1987 Constitution is important because it sets out the underlying principles and values that guide the content of the Constitution. It recognises the Filipino people as the source of sovereignty and expresses their aspirations for a just and humane society, with a government that embodies their ideals and promotes the common good.
The 1987 Constitution enshrines nationalist and protectionist principles. It emphasises that the economy should be primarily controlled by Filipinos, with limits on foreign ownership of land and natural resources. It also promotes Filipino investments and industry, and mandates the state to promote social justice, accessible education, scientific and technological progress, and the development of Filipino culture and heritage.
The 1987 Constitution expressly incorporates the principles of international law, including the adoption of generally accepted principles of international law, compliance with treaties and international agreements, respect for the sovereign equality of states, and a commitment to human rights and social justice on the international stage.
