Simone Lawson
The 1987 Constitution of the Republic of the Philippines outlines the country's commitment to establishing a just and humane society, promoting the common good, and securing independence and democracy for its citizens. This constitution contains several innovations, including provisions for the protection of intellectual property rights, the recognition of indigenous cultural communities' rights, and the promotion of education and research. It also establishes the national language as Filipino and outlines the country's independent foreign policy, including a stance of freedom from nuclear weapons. The constitution further emphasizes the importance of social justice, human dignity, and respect for human rights, while also detailing the responsibilities of public office and the role of the state in promoting economic and social well-being.
| Characteristics | Values |
|---|---|
| Territorial jurisdiction | The Philippines has sovereignty over the Philippine archipelago, with all its islands and waters, as well as other territories where it has sovereignty or jurisdiction, including its territorial sea, seabed, subsoil, insular shelves, and submarine areas. |
| Legislative powers of autonomous regions | The organic act of autonomous regions provides for legislative powers over matters such as the preservation of peace and order, which is the responsibility of local police agencies, while defense and security remain under the National Government. |
| Public office | Public office is a public trust, and public officers and employees must be accountable, serve with integrity and efficiency, act with patriotism and justice, and lead modest lives. |
| Indigenous cultural communities | The State shall protect the rights of indigenous cultural communities to their ancestral lands and ensure their economic, social, and cultural well-being. |
| Property rights | The use of property has a social function, and all economic agents shall contribute to the common good. Individuals and private groups have the right to own and operate economic enterprises, while the State promotes distributive justice. |
| Foreign policy | The State shall pursue an independent foreign policy with a focus on national sovereignty, territorial integrity, national interest, and the right to self-determination. |
| Nuclear weapons | The Philippines adopts a policy of freedom from nuclear weapons within its territory. |
| Social order | The State shall promote a just and dynamic social order, aiming to eradicate poverty, provide social services, promote full employment, and improve the quality of life for all. |
| Social justice | The State shall promote social justice in all phases of national development. |
| Human rights | The State values the dignity of every human person and guarantees full respect for human rights. |
| National language | The national language of the Philippines is Filipino, and the Constitution shall be promulgated in Filipino and English, with translations in major regional languages, Arabic, and Spanish. |
| Science and technology | Science and technology are prioritized for national development, with a focus on research and development, invention, and innovation. |
| Cultural preservation | The State shall protect the country's artistic and historic wealth, recognize and protect the rights of indigenous cultural communities, and promote equal access to cultural opportunities. |
| Education | The State shall enhance academic freedom, support the right to education and profession choices, prioritize education in budgeting, and provide training in civics and vocational skills for adults and youth. |
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What You'll Learn
The rights of indigenous cultural communities
The 1987 Constitution of the Republic of the Philippines outlines the rights of indigenous cultural communities and the responsibilities of the State in preserving and promoting their cultural well-being.
The Constitution recognises the importance of protecting the rights of these communities to their ancestral lands, ensuring their economic, social, and cultural prosperity. The State is tasked with upholding these rights and considering them when formulating national plans and policies. This includes the potential application of customary laws to determine the ownership and extent of ancestral domains.
The Constitution also grants indigenous cultural communities the right to preserve and develop their cultures, traditions, and institutions. This is further supported by the State's commitment to promoting equal access to cultural opportunities through education, scholarships, grants, and community cultural centres.
Additionally, the Constitution emphasises the value of science and technology for national development and progress. It prioritises research and development, invention, and innovation, with a focus on supporting indigenous capabilities in these areas.
Overall, the 1987 Constitution of the Republic of the Philippines recognises the importance of preserving and promoting the rights of indigenous cultural communities, ensuring their well-being, and empowering them to preserve and develop their cultural heritage.
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Prioritising research and development
The 1987 Constitution of the Republic of the Philippines outlines the country's commitment to prioritising research and development, as well as its recognition of the importance of science and technology for national progress and development.
Article XIV, Sections 10-13 of the Constitution specifically address intellectual property rights and the priority given to research and development. It recognises that science and technology are essential for national development and progress, and that the State should give priority to research and development, invention, innovation, and their utilisation. This includes supporting indigenous scientific and technological capabilities and applying them to the country's productive systems and national life.
The Constitution also establishes the role of the Congress in promoting research and development. Section 9 of Article XIV states that Congress shall establish a national language commission to undertake, coordinate, and promote research for the development, propagation, and preservation of Filipino and other languages. This includes the promotion of science and technology education, training, and services.
Furthermore, the Constitution outlines the importance of education in relation to research and development. Section 13 of Article XIV states that the State shall assign the highest budgetary priority to education, recognising that academic freedom is essential in institutions of higher learning. It also emphasises the right of every citizen to select a profession or course of study, and the State's role in enhancing the right of teachers to professional advancement.
Overall, the 1987 Constitution of the Republic of the Philippines demonstrates the country's commitment to prioritising research and development, recognising it as a key driver of national progress and development. By establishing the role of the State and Congress in promoting research and development, as well as emphasising the importance of education, the Constitution provides a comprehensive framework for fostering innovation and scientific advancement in the country.
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Protection of intellectual property
The 1987 Constitution of the Republic of the Philippines sets out the framework for the protection of intellectual property rights in the country. Article XIV, Section 13 of the Constitution recognises the importance of intellectual property, stating:
> "The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law."
This provision forms the basis for the country's intellectual property laws and policies, which aim to create a conducive environment for innovation and creativity. The Philippine government consolidated pending intellectual property laws in 1997, leading to the enactment and enforcement of the Intellectual Property Code (Republic Act 8293) in 1998.
The Intellectual Property Code provides a comprehensive framework for the protection and enforcement of intellectual property rights in the Philippines. It recognises the vital role of intellectual property in promoting domestic and creative activity, facilitating technology transfer, attracting foreign investment, and ensuring market access for Filipino products. The Code establishes the Intellectual Property Office (IPO) as the authority responsible for implementing rules and regulations related to intellectual property, including patented inventions.
The Philippines is also a signatory to several international copyright treaties and conventions, including the Berne Convention for the Protection of Literary and Artistic Works (1951) and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1964). These international commitments further strengthen the country's intellectual property framework and promote the recognition and protection of intellectual property rights worldwide.
However, it is important to note that the enforcement of intellectual property rights in the Philippines has been characterised as irregular and inconsistent. Rights holders are responsible for registering, protecting, and enforcing their rights under local laws. The protection of intellectual property rights may differ between the Philippines and other countries, and it is crucial for companies to understand these differences when doing business in the Filipino market.
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Promotion of social justice
The 1987 Constitution of the Republic of the Philippines outlines the country's commitment to promoting social justice and the common good. This includes protecting the rights and well-being of indigenous cultural communities, ensuring equal access to cultural opportunities, and promoting the development of their cultures, traditions, and institutions.
One of the key ways in which the constitution promotes social justice is through its emphasis on education. The constitution guarantees academic freedom in institutions of higher learning and the right for every citizen to select their profession or course of study. It also assigns the highest budgetary priority to education, recognising the importance of attracting and retaining talented educators.
The constitution also recognises the importance of science and technology for national development and progress. It prioritises research and development, invention, innovation, and their utilisation, as well as science and technology education, training, and services.
In addition, the constitution outlines the social function of property ownership, stating that all economic agents shall contribute to the common good. This includes individuals and private groups, such as corporations and cooperatives, who have the right to own and operate economic enterprises. However, the state has a duty to promote distributive justice and intervene when the common good demands it.
The 1987 Constitution of the Republic of the Philippines also emphasises the importance of a just and dynamic social order, aiming to free people from poverty and improve their quality of life through policies that provide adequate social services, promote full employment, and raise living standards.
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The preservation of peace and order
The 1987 Constitution of the Republic of the Philippines outlines the responsibilities of local police agencies and the national government in maintaining peace and order within the regions.
Section 21 of the 1987 Constitution states that the preservation of peace and order within the regions is the responsibility of local police agencies. These agencies are to be organised, maintained, supervised, and utilised in accordance with applicable laws. This provision ensures that local police forces are equipped and empowered to effectively maintain peace and order in their respective regions.
The defence and security of the regions, on the other hand, fall under the responsibility of the National Government. This division of duties ensures a coordinated approach to maintaining peace and order, where local police handle day-to-day law enforcement while the national government focuses on broader security concerns.
The constitution also emphasises the accountability of public officers and employees. Section 1 states that public office is a public trust, and those holding such offices must be accountable to the people they serve. This includes serving with utmost responsibility, integrity, loyalty, and efficiency, as well as acting with patriotism and justice. Public officers and employees are expected to lead modest lives, free from corruption and with the best interests of the people at heart.
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Frequently asked questions
The 1987 Constitution is the Constitution of the Republic of the Philippines.
The 1987 Constitution outlines several key policies, including:
- The protection of the rights of indigenous cultural communities to their ancestral lands and the promotion of their economic, social, and cultural well-being.
- The promotion of distributive justice and the intervention in private enterprise for the common good.
- The pursuit of an independent foreign policy, with a focus on national sovereignty, territorial integrity, national interest, and the right to self-determination.
- The promotion of a just and dynamic social order, including the provision of social services, full employment, and an improved quality of life for all.
The 1987 Constitution contains specific provisions on intellectual property, including the protection of the exclusive rights of scientists, inventors, and artists to their intellectual property creations.
The 1987 Constitution establishes the role of the State, which includes:
- Protecting the rights and well-being of indigenous cultural communities.
- Promoting distributive justice and intervening in private enterprise for the common good.
- Pursuing an independent foreign policy and promoting national interests.
- Ensuring a just and dynamic social order, providing social services, and improving the quality of life for citizens.
