Eleanor Finch
The Constitution of the Philippines is the supreme law of the Philippines. It consists of a preamble and eighteen articles. The final draft of the 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 of the Philippines was patterned after the Spanish Constitution of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, and the French Constitution of 1793. The Philippines has had several constitutions throughout its history, including the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, the 1986 Freedom Constitution, and the 1987 Constitution, which is the current constitution.
| Characteristics | Values |
|---|---|
| Influences | Spanish Constitution of 1812, charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, French Constitution of 1793, Malolos Constitution, Biak-na-Bato Constitution of 1897, Mabini's Constitutional Program of the Philippine Republic of 1898, the provisional constitution of Mariano Ponce in 1898, and the autonomy projects of Paterno in 1898. |
| Form of Government | Parliamentary republic |
| Separation of Powers | Legislative, executive, and judicial departments |
| Legislative Branch | Unicameral National Assembly or bicameral Congress, consisting of the Senate and the House of Representatives |
| Executive Branch | President of the Philippines |
| Judicial Branch | Supreme Court and lower courts |
| Citizenship | Defined in the Constitution, including those who were citizens at the time of its adoption and those with Filipino parents |
| Death Penalty | Prohibited, except for compelling reasons involving heinous crimes as determined by Congress |
| Double Jeopardy | Prohibited—an acquittal or conviction under one law or ordinance bars another prosecution for the same act |
| Ex Post Facto Laws | Prohibited |
| Title of Royalty or Nobility | Prohibited |
| Initiative and Referendum | Congress shall provide a system for the people to directly propose and enact laws or approve or reject acts passed by Congress or a local legislative body, with certain registration requirements |
| Presidential Illness or Incapacity | The public must be informed, and access granted to members of the Cabinet in charge of national security and foreign relations, as well as the Chief of Staff of the Armed Forces |
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What You'll Learn
The 1935 Constitution
The right to suffrage was originally afforded to male citizens of the Philippines who were 21 years of age or older and were able to read and write. The National Assembly extended the right of suffrage to women if, in a plebiscite held within two years after the adoption of the Constitution, not less than 300,000 women possessing the necessary qualifications voted affirmatively.
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The 1943 Constitution
The 1935 Constitution, which was drafted to meet the requirements set forth in the Tydings-McDuffie Act, was interrupted by World War II and the Japanese invasion of the Philippines in 1941. This led to the establishment of a Japanese "republic", which was a period of military rule by the Japanese Imperial Army.
In 1943, a new constitution was ratified by Filipino collaborators, Kapisanan sa Paglilingkod ng Bagong Pilipinas (Kalibapi). This was the second republic, and it was not considered legitimate until the 1960s. The 1943 Constitution provided for strong executive powers, with the executive power vested in the President of the Republic of the Philippines. The Legislature consisted of a unicameral National Assembly, and only those considered anti-US could stand for election, although most legislators were appointed rather than elected.
The National Assembly was to convene in a regular session at least once a year, for no longer than 60 days (excluding Sundays). It could also be called into a special session by the President. A majority of all the members would constitute a quorum to do business.
The President and Justices of the Supreme Court could be removed from office for impeachment and conviction of culpable violation of the Constitution, treason, bribery, or other high crimes. The National Assembly had the sole power of impeachment, and a two-thirds majority was required for this. The Supreme Court had the sole power to try all impeachments, and no person could be convicted without the concurrence of three-fourths of all the Justices of the Supreme Court.
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The 1973 Constitution
The Constitution was amended in 1980 and 1981. The 1980 amendment extended the retirement age of the members of the judiciary to 70 years, while the 1981 amendments formally modified the parliamentary system into a French-style semi-presidential system. These changes restored executive power to the President and provided for the direct election of the President. An Executive Committee was created to assist the President, and electoral reforms were implemented.
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The 1986 Freedom Constitution
The primary objective of the 1986 Freedom Constitution was to restore democracy in the Philippines, which had been severely compromised under the Marcos regime. It laid the foundation for a democratic society, emphasising transparency, accountability, and the protection of individual rights and freedoms. The constitution also included comprehensive provisions that covered various aspects of governance and citizenship, such as the delineation of national territory, the definition of citizenship, and the regulation of suffrage.
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Influences and precedents
The Philippine Constitution has gone through several iterations, each influenced by the political climate of the time. The first Philippine Constitution, the Malolos Constitution, was approved by the Malolos Congress on November 29, 1898, and formally adopted on January 20, 1899. It was the first republican constitution in Asia, declaring sovereignty to reside exclusively in the people, stating basic civil rights, separating church and state, and calling for the creation of an Assembly of Representatives as the legislative body. The Malolos Constitution was influenced by the Spanish Constitution of 1812, the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, and the French Constitution of 1793.
The 1935 Constitution, written, approved, and adopted in 1934, featured a political system virtually identical to the American one, with a President elected at large for a 4-year term (with the possibility of one re-election), a bicameral Congress, and an independent Judiciary. This was in keeping with the Jones Act of 1916, which specified that independence would be granted to the Philippines upon the formation of a stable democratic government modelled on the American system.
The 1943 Constitution, approved by the Preparatory Committee on Philippine Independence and ratified by the KALIBAPI Convention in September 1943, provided for strong executive powers. The Legislature consisted of a unicameral National Assembly, and only those considered anti-US could stand for election, although most legislators were appointed rather than elected.
The 1973 Constitution was drafted by the 1971 Constitutional Convention and deemed ratified by Citizens' Assemblies in January 1973. It was proclaimed in force by President Marcos in the same month.
The 1987 Constitution, the most recent version, was drafted by the 1986 Constitutional Commission and ratified by a nationwide plebiscite on February 2, 1987. It remains unamended.
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Frequently asked questions
The Philippine Constitution is based on the Spanish Constitution of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala, and the French Constitution of 1793.
The Constitution consists of a preamble and eighteen articles. It mandates a democratic and republican form of government, including a bill of rights that guarantees freedoms and protections against governmental overreach. It establishes three branches of government: the legislative, executive, and judicial departments.
The Philippines has had several constitutions throughout its history, including the Malolos Constitution of 1899, the 1935 Constitution, the 1943 Constitution, the 1973 Constitution, and the current 1987 Constitution. Each constitution has reflected the country's political and historical context at the time.
The 1987 Constitution is the supreme law of the Philippines and has remained unamended. It establishes a democratic and republican form of government, with a President, a bicameral Congress, and an independent Judiciary. It includes a bill of rights and outlines the territorial scope of the Philippines.
Key historical events include the Spanish-American War of 1898, the Tydings-McDuffie Act of 1934, the achievement of Philippine independence in 1946, and the declaration of martial law by President Ferdinand Marcos in 1972. These events shaped the country's path towards independence and influenced the development of its constitutional framework.
