Jonah Patel
The Constitution of the Philippines is the supreme law of the Philippines. The final draft of the current constitution was completed by the Constitutional Commission on October 12, 1986, and was ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended and consists of a preamble and eighteen articles. 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 first Philippine Constitution, called the Malolos Constitution, was approved on January 20, 1899, but was never fully implemented nationwide.
| Characteristics | Values |
|---|---|
| Date of final draft | October 12, 1986 |
| Date of ratification | February 2, 1987 |
| Date of proclamation | February 11, 1987 |
| Number of amendments | 0 |
| Number of articles | 18 |
| Type of government | Democratic and republican |
| Number of branches of government | 3 |
| Legislative branch | Congress, consisting of the Senate and the House of Representatives |
| Executive branch | Headed by a President |
| Judicial branch | Supreme Court and lower courts |
| Number of Supreme Court justices | 15 |
| Requirements for Supreme Court appointment | Appointed by the President without need for confirmation by Congress, from a list of nominees presented by the Judicial and Bar Council |
| Number of islands in the Philippines | 7,107 |
| Total area of the Philippines | 300,000 square kilometres |
| Basis | Spanish Constitution of 1812, Belgian, Mexican, Brazilian, Nicaraguan, Costa Rican, and Guatemalan charters, French Constitution of 1793, Kartilya and Sanggunian-Hukuman, Emilio Jacinto's charter of laws and morals of the Katipunan, Biak-na-Bato Constitution of 1897, Mabini's Constitutional Program of the Philippine Republic of 1898, Mariano Ponce's provisional constitution of 1898, Paterno's autonomy projects of 1898 |
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What You'll Learn
The 1899 Malolos Constitution
The Malolos Constitution aimed to establish the first functional parliamentary republic in Asia. It was approved on 20 January 1899 and promulgated on 21 January, but it was never fully implemented nationwide and did not lead to international recognition. This was largely due to the outbreak of the Philippine-American War, which began on 4 February 1899, just over two weeks after the approval of the Malolos Constitution.
The Malolos Constitution included an amendment guaranteeing religious freedom, which was approved by one vote on 28 November 1898. It also gave the president, Emilio Aguinaldo, the power to rule by decree "during the time the country may struggle for its independence."
The underlying legal principle of the Malolos Constitution was the retroversion of sovereignty to the people, which challenged the legitimacy of the colonial authorities of the Spanish Empire. This principle, derived from the French Declaration of the Rights of Man and Citizen of 1793, forms the basis for Article 4 of the Malolos Constitution and echoes the American Declaration of Independence and the United States Constitution.
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The 1935 Constitution
Upon the outbreak of World War II and the Japanese invasion in December 1941, the transition to independence was interrupted. A Japanese "republic" was established, marking a period of military rule by the Japanese Imperial Army. A new constitution was ratified in 1943 by Filipino collaborators, leading to the proclamation of the Second Republic (1943–1945).
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The 1943 Constitution
The Philippines had previously been under the rule of the US, which had passed the Jones Act in 1916. This act specified that independence would only be granted upon the formation of a stable democratic government modelled on the American system. In 1934, the US approved a ten-year transition plan and drafted a new constitution in 1935, which featured a political system virtually identical to that of the US. However, World War II and the Japanese invasion interrupted this plan for independence.
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The 1973 Constitution
One key feature of the 1973 Constitution was its establishment of a unicameral legislature, known as the Batasang Pambansa. This legislature consisted of no more than 120 members, including the incumbent President, representatives from different regions, and sectoral representatives. The President was also granted significant powers, including the ability to contract and guarantee loans, formulate national policy guidelines, and immunity from prosecution during their tenure.
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The 1987 Constitution
The legislative department, known as the Congress, consists of the Senate and the House of Representatives. The executive department is headed by the President of the Philippines, who is the head of state and government. The President is required to take an oath or affirmation to "preserve and defend [the] Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation". The judicial department includes the Supreme Court and lower courts. The Supreme Court is a 15-member court appointed by the President, with the advice of a Judicial and Bar Council, and has the power to hear cases dealing with the constitutionality of any law, treaty, or decree of the government.
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Frequently asked questions
The written constitution of the Philippines is the supreme law of the Philippines. It consists of a preamble and eighteen articles. It was written, approved and adopted in 1935, and has been amended several times since. The most recent amendment was in 1987.
The written constitution of the Philippines is based on the need to establish a democratic and republican form of government. It includes a bill of rights that guarantees freedoms and protections against governmental overreach.
The three branches of the Philippine government are the legislative department (Congress), the executive department (headed by a president), and the judicial department (including the Supreme Court and lower courts).
The first written constitution of the Philippines was the 1899 Malolos Constitution, which aimed to establish the first functional parliamentary republic in Asia. It was approved by the Malolos Congress on November 29, 1898, and formally adopted on January 20, 1899.
The most recent written constitution of the Philippines is the 1987 Constitution, which was presented to President Corazon C. Aquino on October 15, 1986, and ratified on February 2, 1987, by a plebiscite.
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