Jonah Patel
The Constitution of the Philippines is the supreme law of the Philippines. The final draft of the 1987 Constitution was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day. The Constitution consists of a preamble and eighteen articles, mandating a democratic and republican form of government, and including a bill of rights that guarantees entrenched freedoms and protections against governmental overreach. The Philippines has had several constitutions throughout its history, including the 1899 Malolos Constitution, the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution.
| Characteristics | Values |
|---|---|
| Current Constitution | 1987 Constitution of the Republic of the Philippines |
| Previous Constitutions | 1943 Constitution, 1973 Constitution, 1986 Freedom Constitution |
| First Constitution | Malolos Constitution, approved by the Malolos Congress on November 29, 1898 |
| Constitutional Commission | Approved the final draft of the 1987 Constitution on October 12, 1986 |
| Ratification | Ratified by a nationwide plebiscite on February 2, 1987 |
| Amendments | Proposed by a three-fourths vote of all Members of Congress, a Constitutional Convention, or a petition of 12% of registered voters |
| Amendment Ratification | All amendments must be ratified in a national referendum |
| Form of Government | Democratic and republican |
| Branches of Government | Legislative, Executive, and Judicial |
| Legislative Branch | Congress, consisting of the Senate and the House of Representatives |
| Executive Branch | Headed by the President of the Philippines |
| Judicial Branch | Supreme Court and lower courts |
| Bill of Rights | Guarantees freedoms and protections against governmental overreach |
| Citizenship | Defined by specific criteria, including birth, parentage, and naturalization |
| House of Representatives Requirements | Must be a natural-born citizen, at least 25 years old, able to read and write |
| Presidential Requirements | Must be a natural-born citizen, a registered voter, able to read and write |
| Ombudsman | Appointed by the President for a single 7-year term, independent from other branches of government |
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What You'll Learn
The 1987 Constitution
The Constitution establishes a democratic and republican form of government, with three main branches: the legislative, executive, and judicial departments. The legislative department, known as the Congress, consists of the Senate and the House of Representatives. The executive department is headed by the President, who is the head of state and government and is responsible for appointing heads of executive departments and other government officers. The President is also responsible for nominating ambassadors and other public ministers, with the consent of the Commission on Appointments.
The judicial department includes the Supreme Court and lower courts, which interpret and apply the law. The Constitution also establishes the Armed Forces of the Philippines and a national police force, now known as the Philippine National Police.
The Constitution provides for a system of initiative and referendum, where citizens can directly propose and enact laws or approve or reject acts passed by Congress. Amendments to the Constitution can be proposed by a three-fourths vote of all Members of Congress, a Constitutional Convention, or a petition of at least twelve percent of registered voters, with at least three percent in each district. All amendments must then be ratified in a national referendum.
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The 1943 Constitution
The committee tasked with drafting the constitution was largely composed of members of the prewar National Assembly and individuals with experience as delegates to the convention that had drafted the 1935 Constitution. The 1943 Constitution was ratified by Filipino collaborators, who were known as the Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi).
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The 1935 Constitution
The Constitution provided for a unicameral legislature composed of a president and vice president elected for a six-year term without re-election. However, in 1940, it was amended to establish a bicameral legislature, consisting of a Senate and a House of Representatives. The President would be elected for a four-year term, along with the vice president, and could be re-elected once. Suffrage was granted to male citizens of the Philippines who were 21 or older, literate, and had resided in the Philippines for at least a year. Suffrage was extended to women two years after the Constitution was adopted.
The Senate would be composed of 24 Senators chosen by the qualified electors of the Philippines. The term of office for Senators was set at six years, and the first group of Senators was divided into three groups, each serving for six, four, and two years, respectively. To be eligible to serve as a Senator, one had to be a natural-born citizen of the Philippines, at least 35 years old, a qualified elector, and a resident of the Philippines for at least two years prior to the election. The House of Representatives was to have no more than 120 members, apportioned among the provinces according to their population, with each province guaranteed at least one member.
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The 1902 Constitution
The Philippines has had six constitutions in its history, with the first being drafted in 1899. During the period of American occupation, the Philippines was governed by the laws of the United States of America. The first Organic Act passed by the United States Congress for the administration of the Government of the Philippine Islands was the Philippine Organic Act of 1902. This provided for a Philippine Assembly composed of Filipino citizens.
The 1935 Constitution was ratified by the Filipino people through a national plebiscite on May 14, 1935, and came into full force and effect on November 15, 1935, with the inauguration of the Commonwealth of the Philippines. It remained the constitution of the Republic of the Philippines until independence was granted on July 4, 1946.
The Philippines gained independence from the United States on July 4, 1946, and has since had three other constitutions: the 1973 Constitution, the 1986 Freedom Constitution, and the current 1987 Constitution. The 1987 Constitution was drafted by the Constitutional Commission and ratified by a nationwide plebiscite, and it remains unamended to this day. It mandates a democratic and republican form of government and includes a bill of rights that guarantees freedoms and protections against governmental overreach.
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The 1899 Malolos Constitution
The Malolos Constitution consisted of 101 articles, which were grouped into 14 separate titles. It included transitory provisions in eight additional articles that addressed temporary or transitional situations. Title IV of the constitution contains 27 articles that define the natural rights and political freedoms of Filipino citizens, including civil liberties like freedom of speech and religion, as well as protections from abuse and unfair legal treatment. These rights were influenced by the abuses committed by authorities, as documented in the Philippine Declaration of Independence on June 12, 1898.
The Malolos Constitution was never fully enforced across the Philippines due to the ongoing Philippine-American War and the U.S. occupation of the Philippines following the 1898 Treaty of Paris. After Spain ceded control of the Philippines to the United States in the Treaty of Paris, the U.S. proceeded to suppress the Philippine independence movement. The First Philippine Republic formed under the Malolos Constitution was never officially recognized by foreign governments.
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Frequently asked questions
The 1987 Constitution of the Republic of the Philippines.
The 1987 Constitution was ratified on February 2, 1987, by a plebiscite.
The 1987 Constitution is based on the mandate for a democratic and republican form of government. It includes a bill of rights that guarantees entrenched freedoms and protections against governmental overreach.
The 1987 Constitution organises the government into three branches: a legislative department (Congress), an executive department (headed by the President), and a judicial department (including the Supreme Court and lower courts).
Amendments can be proposed by a three-fourths vote of all Members of Congress, a Constitutional Convention, or a petition of at least 12% of all registered voters and at least 3% of registered voters within each district. All amendments must be ratified in a national referendum.
