Isabella Carter
The Philippine Constitution has been governed by three other constitutions in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The Preamble to the 1987 Constitution begins with We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. But who wrote these powerful words?
| Characteristics | Values |
|---|---|
| Date written | October 16-17, 1976, January 30, 1980, and April 7, 1981 |
| Author | The sovereign Filipino people |
| Purpose | To build a just and humane society and establish a government that embodies the ideals and aspirations of the Filipino people |
| Number of Articles | 18 |
| Amendments | Amended three times between 1976 and 1981 |
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What You'll Learn
The Filipino people are the source of sovereignty
The Filipino people are recognised as the source of sovereignty in the Philippine Constitution. The Preamble to the Constitution, which was amended several times between 1976 and 1981, begins with the words, "We, the sovereign Filipino people". This introduction establishes the Filipino people as the ultimate authority, with the power to create and implement their own governing document.
The recognition of the Filipino people as the source of sovereignty is a fundamental principle of democracy, where power is vested in the citizens. This democratic principle is further emphasised in the Preamble, which expresses the desire to establish a government that embodies the "ideals and aspirations" of the people, promotes the "common good", and secures the blessings of "independence and democracy" for the people and their posterity.
The inclusion of this statement in the Preamble is significant as it underscores the belief that the government's legitimacy and authority are derived from the people it governs. This concept is a departure from previous forms of government in the Philippines, such as the presidential system established by the 1935 Commonwealth Constitution or the semi-presidential system adopted in the amended 1973 Constitution.
By acknowledging the Filipino people as the source of sovereignty, the Constitution recognises their inherent rights and freedoms, as well as their role in shaping the country's future. This empowers the citizens to hold their government accountable and ensures that the government acts in the best interests of its people.
Furthermore, this statement in the Preamble sets the tone for the rest of the Constitution, which outlines the basic social and political creed of the Philippines, including the implementation of the constitution and the objectives of the government. It also establishes the framework for the protection of citizens' rights, similar to the provisions in the U.S. Constitution, such as due process, equal protection under the law, freedom of speech, and freedom of assembly.
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The constitution establishes three independent commissions
The preamble of the Philippine Constitution was written by the Filipino people. The constitution's opening text introduces the constitution and the people as the source of sovereignty, appealing to God. The final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide vote on February 2, 1987.
The 1987 Constitution establishes three independent constitutional commissions: the Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA). Each of these commissions enjoys fiscal autonomy.
The Civil Service Commission is the central personnel agency of the government. It is responsible for establishing a career service and promoting morale, efficiency, integrity, and responsiveness in the civil service. The commission is composed of a Chairman and two Commissioners, all of whom are appointed by the President with the consent of the Commission on Appointments.
The Commission on Elections is responsible for overseeing and regulating the electoral process in the Philippines. It ensures that elections are free, fair, and transparent.
The Commission on Audit has the power and duty to examine, audit, and settle all accounts pertaining to the revenue and expenditures of the government and its agencies. This includes government-owned corporations and autonomous state colleges and universities.
In addition to these three commissions, the Constitution also establishes other governmental bodies, including the Commission on Appointments, the Judicial and Bar Council, the Office of the Ombudsman, and the Commission on Human Rights (CHR). These bodies work together to ensure the effective and ethical functioning of the government.
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The Philippines has been governed by three other constitutions
The Philippines has a rich constitutional history, with the nation being governed by three constitutions prior to the current one. The first was the 1935 Commonwealth Constitution, which established the current presidential system of government. This was followed by the 1973 Constitution, which initially reintroduced a parliamentary system but was later amended to adopt a semi-presidential system. The third constitution is the 1986 Freedom Constitution, which was briefly implemented after the People Power Revolution.
The 1935 Commonwealth Constitution was a significant step in the Philippines' journey towards self-governance and democracy. This constitution laid the foundation for the country's presidential system, with an executive branch headed by a president, a bicameral legislature, and a judiciary. It also established important governmental bodies, such as the Commission on Appointments and the Commission on Elections.
The 1973 Constitution saw a shift back towards a parliamentary system, but this proved short-lived. Amendments were made to adopt a semi-presidential system, with power divided among three separate and independent branches of government: the executive, legislature, and judiciary. This constitution also retained key features from the previous one, such as the establishment of independent constitutional commissions like the Civil Service Commission and the Commission on Audit.
The 1986 Freedom Constitution emerged from the People Power Revolution, a pivotal moment in Philippine history. This constitution was implemented to uphold the ideals of democracy, freedom, and human rights. It included a full Bill of Rights, guaranteeing fundamental civil and political rights to the Filipino people, and provided for free and fair elections.
The current constitution of the Philippines builds upon the foundations laid by these previous iterations. It comprises a preamble and eighteen self-contained articles, with a structure that organises the main branches of the government. The constitution establishes three independent constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. Additionally, it creates other governmental bodies, such as the Office of the Ombudsman, tasked with investigating and prosecuting government officials.
The constitutions of the Philippines have evolved over time, reflecting the nation's journey towards self-governance and its commitment to democracy and human rights. Each constitution has played a pivotal role in shaping the country's political landscape and the lives of its citizens.
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Article II lays out the basic social and political creed
The Philippine Constitution has been governed by three other constitutions in its history: the 1935 Commonwealth Constitution, which established the current presidential system of government; the 1973 Constitution, which was amended to adopt a semi-presidential system after initially reintroducing the parliamentary system; and the 1986 Freedom Constitution, which was briefly implemented after the People Power Revolution. The 1899 Malolos Constitution, which aimed to establish the first functional parliamentary republic in Asia, was never fully implemented.
The current constitution of the Philippines comprises a preamble and eighteen self-contained articles. Article II lays out the fundamental social and political principles that guide the nation, outlining the implementation of the constitution and the objectives of the government.
Article II establishes the following core tenets:
- The recognition of the Filipino people as the source of sovereignty, with an appeal to God.
- The aspiration to build a just and humane society, promoting the common good, conserving and developing the nation's patrimony.
- The commitment to secure the blessings of independence and democracy, upholding values such as truth, justice, freedom, love, equality, and peace.
- The definition of the national territory, encompassing the Philippine archipelago and all other territories under Philippine sovereignty or jurisdiction, including terrestrial, fluvial, and aerial domains, as well as their internal waters.
Article II sets the tone for the rest of the constitution, providing a framework for the rights, responsibilities, and governance outlined in subsequent articles. It reflects the values and beliefs that underpin the Filipino nation and informs the interpretation and application of the constitution's legal provisions.
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Article III enumerates protections against abuse of state power
The Philippine Constitution was drafted by the Constitutional Commission and ratified by a nationwide plebiscite on 2 February 1987. It consists of a preamble and eighteen self-contained articles. Article III of the Philippine Constitution enumerates protections against the abuse of state power. These protections include:
- The right to due process and equal protection under the law.
- The right to be secure against unreasonable searches and seizures without a warrant issued by a judge.
- The right to freedom of speech and expression, freedom of the press, freedom of assembly, and the right to petition.
These rights are similar to those found in the U.S. Constitution and other common law jurisdictions. The scope and limitations of these rights have largely been determined by the Supreme Court through case law.
In addition to Article III, other provisions in the Philippine Constitution also provide protections against abuse of state power. For example, the Constitution mandates a democratic and republican form of government, with a legislative department (Congress), an executive department headed by a President, and a judicial department that includes the Supreme Court and lower courts. This separation of powers helps to prevent the concentration of power in a single branch of government.
The Constitution also establishes three independent constitutional commissions: the Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA). These commissions enjoy fiscal autonomy and help to ensure that the government functions effectively and transparently.
Furthermore, the Philippine Constitution includes a bill of rights, which guarantees entrenched freedoms and protections against governmental overreach. This bill of rights affirms the rights of citizens and outlines the responsibilities of the state, such as protecting the life, liberty, and property of its citizens, maintaining peace and order, and promoting the general welfare.
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Frequently asked questions
The preamble of the Philippine Constitution was written by the Filipino people.
A preamble serves as an introduction or an opening statement to a formal document like a country's constitution.
The Preamble reads: "We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution."
The Constitution comprises the preamble and eighteen self-contained articles with a section numbering that resets for each article.
Yes, throughout its history, the Philippines has been governed by three other constitutions: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution.
