Malcolm Rivera
The 1987 Constitution of the Republic of the Philippines is the supreme law of the country, establishing a democratic and republican form of government. It consists of a preamble and eighteen articles, outlining the country's ideals and aspirations, promoting the common good, and securing the blessings of independence and democracy for its citizens. The constitution mandates the creation of three independent Constitutional Commissions and establishes the rights and responsibilities of public officers and employees, outlining the goals of the national economy. With attempts to amend the constitution since 1995, studying the 1987 Constitution is essential to understanding the country's current political and economic landscape, evaluating its effectiveness in addressing societal challenges, and exploring options for potential changes.
| Characteristics | Values |
|---|---|
| Source of constitutional authority | God or other deities |
| Motives for writing | To build a just and humane society, promote the common good, and secure the blessings of independence and democracy under the rule of law |
| Number of articles | 18 |
| Amendments | Three possible methods: Constituent assembly (Con-Ass), Constitutional Convention (Con-Con), or People's Initiative. All require ratification by majority vote in a national referendum |
| Form of government | Democratic and republican |
| Bill of rights | Guarantees fundamental civil and political rights, entrenched freedoms, and protections against governmental overreach |
| Branches of government | Executive, bicameral Legislature, and Judiciary |
| Constitutional commissions | Civil Service Commission, Commission on Elections, and Commission on Audit |
| Office of the Ombudsman | Promotes and ensures ethical and lawful conduct of the government |
| Economic goals | More equitable distribution of opportunities, income, and wealth; sustained increase in goods and services produced; expanding productivity to raise quality of life for all |
| Autonomous regions | Muslim Mindanao and the Cordilleras, with the President exercising general supervision |
| Territorial jurisdiction | The Philippine archipelago and all islands, waters, territories, terrestrial, fluvial, and aerial domains, including the territorial sea, seabed, subsoil, insular shelves, and submarine areas |
| Martial law | Does not suspend the operation of the Constitution, civil courts, or legislative assemblies, nor authorise military courts over civilians |
| Public office | A public trust, with officers and employees accountable to the people, serving with responsibility, integrity, loyalty, and efficiency |
| Citizenship | Public officers and employees cannot change citizenship or acquire immigrant status of another country during their tenure |
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What You'll Learn
To understand the Filipino people's values and aspirations
The 1987 Constitution of the Republic of the Philippines outlines the values and aspirations of the Filipino people. It was established following the 1986 People Power Revolution, which overthrew the oppressive Marcos regime. The Filipino people's desire for a just and humane society is reflected in the Constitution, which seeks to promote the common good, conserve and develop the country's patrimony, and secure the blessings of independence and democracy.
The Constitution establishes a representative democracy with three independent branches of government: the Executive, Legislature, and Judiciary. It also creates three independent Constitutional Commissions: the Commission on Audit, the Civil Service Commission, and the Commission on Elections. These commissions ensure ethical and lawful conduct in the government and promote the general welfare of the people.
The Filipino people's aspirations for economic equality and development are also reflected in the Constitution. It outlines the goals of the national economy, including equitable distribution of opportunities, income, and wealth, as well as sustained increases in the production of goods and services for the benefit of all citizens, especially the underprivileged. The Constitution also addresses agrarian reform and the protection of the rights of indigenous cultural communities to their ancestral lands.
The 1987 Constitution recognizes the diverse historical and cultural heritage of the Philippines by providing for the creation of autonomous regions in Muslim Mindanao and the Cordilleras. It aims to preserve peace and order within these regions while ensuring national sovereignty and territorial integrity.
The Filipino people's values and aspirations are embedded in the 1987 Constitution, which serves as a framework for building a society that embodies their ideals of truth, justice, freedom, love, equality, and peace. The Constitution remains a living document that guides the nation and protects the rights and well-being of all Filipino citizens.
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To learn about the structure of the Philippines government
The 1987 Constitution of the Republic of the Philippines established a representative democracy with power divided among three independent branches of government: the Executive, a bicameral Legislature, and the Judiciary. The Executive branch is headed by the President, who is the head of state and chief executive, and their appointed Cabinet. The President has the power to nominate and appoint heads of executive departments, ambassadors, public ministers, and consuls, as well as officers of the armed forces from the rank of colonel or naval captain. They are subject to significant checks from the other branches, especially in times of emergency.
The Legislature is bicameral, consisting of the Congress and the Senate. Congress has the power to enact laws, determine the use of public lands, and provide for a system of initiative and referendum. The Senate, on the other hand, has the power to review and decide on matters such as the proclamation of martial law, the suspension of the privilege of the writ, and the extension thereof.
The Judiciary is headed by the Supreme Court, which has the power to interpret the laws and settle legal disputes. The Supreme Court also has appellate jurisdiction, which cannot be increased without its advice and concurrence.
In addition to the three branches of government, the 1987 Constitution also established three independent constitutional commissions: the Commission on Audit, the Civil Service Commission, and the Commission on Elections. These commissions are responsible for ensuring free, fair, and periodic elections, as well as upholding fundamental civil and political rights.
The 1987 Constitution also provides for the creation of autonomous regions within the Philippines, such as in Muslim Mindanao and the Cordilleras. These regions have their own legislative powers and executive departments, but the preservation of peace and order within them is the responsibility of local police agencies, while their defence and security fall under the National Government.
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To know the economic goals of the Philippines
The 1987 Constitution of the Republic of the Philippines outlines the country's economic goals and the means to achieve them.
The constitution states that the goals of the national economy are:
- A more equitable distribution of opportunities, income, and wealth.
- A sustained increase in the amount of goods and services produced by the nation for the benefit of the people.
- An expanding productivity as the key to raising the quality of life for all, especially the underprivileged.
To achieve these goals, the constitution outlines that all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. The state shall also promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets.
The constitution also addresses the role of the state in regulating foreign investments and promoting Filipino ownership. It states that the state shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities. The state shall also give preference to qualified Filipinos in the grant of rights, privileges, and concessions covering the national economy and patrimony.
Furthermore, the constitution addresses the importance of natural resources and the role of the state in their exploration, development, and utilization. It states that all lands of the public domain, waters, minerals, coal, petroleum, and other natural resources are owned by the state and shall not be alienated. The state may directly undertake activities related to natural resources or enter into agreements with Filipino citizens or corporations with a majority Filipino ownership. The Congress shall also determine the size of lands of the public domain that may be acquired, developed, or leased, taking into account the requirements of conservation, ecology, and development, as well as agrarian reform.
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$44.95
To understand the Philippines' approach to conservation and development
The 1987 Constitution of the Republic of the Philippines outlines the country's commitment to conservation and development. The constitution recognises the importance of building a just and humane society, promoting the common good, and conserving and developing the country's patrimony. This includes the Philippines' natural resources, such as its territorial sea, the seabed, the subsoil, and insular shelves.
The constitution also emphasises the importance of regional development and administrative decentralisation to strengthen the autonomy of local units and accelerate economic and social growth. It establishes autonomous regions in Muslim Mindanao and the Cordilleras, with the President exercising general supervision to ensure laws are executed faithfully.
In terms of conservation, the constitution mandates that Congress determine the size of lands in the public domain that can be acquired, developed, or leased, taking into account conservation, ecology, and development. Congress is also responsible for demarcating forest lands and national parks, which must then be conserved and cannot be altered except by law. Measures to prohibit logging in endangered forests and watershed areas are also to be implemented.
The constitution specifically mentions the protection of the rights of indigenous cultural communities to their ancestral lands, ensuring their economic, social, and cultural well-being. It also protects the rights of subsistence fishermen, providing them with preferential access to communal marine and fishing resources and safeguarding them from foreign intrusion.
Additionally, the constitution outlines economic goals, including equitable distribution of opportunities, income, and wealth, as well as increased productivity to raise the quality of life for all, especially the underprivileged. It promotes industrialization and full employment, making efficient use of human and natural resources to compete in domestic and foreign markets.
Overall, the 1987 Constitution of the Republic of the Philippines provides a framework for the country's approach to conservation and development, emphasising the importance of balancing economic growth with environmental protection and social welfare.
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To appreciate the historical context of the constitution
The 1987 Constitution of the Republic of the Philippines was established to build a just and humane society and promote the common good, independence, and democracy. It was drafted in 133 days by a 48-member Constitutional Commission appointed by President Corazon Aquino, who succeeded the authoritarian leader Marcos. Aquino's provisional constitution, Proclamation No. 3, granted her broad powers, which she promised to use only to restore democracy. The 1987 Constitution was ratified by a nationwide plebiscite on February 2, 1987, and established a representative democracy with three independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.
The historical context of the 1987 Constitution is rooted in the Philippines' desire to break free from its colonial past and authoritarian rule. The country had been under Spanish colonial rule for over 300 years, followed by American colonial rule in the early 20th century. The Philippines gained independence in 1946, but continued to experience political repression and oppression, including under the Marcos regime, which lasted from 1965 to 1986.
The 1987 Constitution aimed to address the shortcomings of previous constitutions, which had allowed for authoritarian rule. It incorporated a full Bill of Rights, guaranteeing fundamental civil and political rights, and provided for free, fair, and periodic elections. The new constitution also included checks and balances on the powers of the President, such as significant oversight from the other branches of government, especially during states of emergency. This was designed to prevent a repeat of Marcos' martial law despotism.
The 1987 Constitution also made provisions for autonomous regions in Muslim Mindanao and the Cordilleras, recognising their unique historical and cultural heritage within the framework of national sovereignty. It outlined the responsibilities of these regions and the national government, including the preservation of peace and order within their respective jurisdictions.
The historical context of the 1987 Constitution is significant because it reflects the Filipino people's aspirations for a just, humane, and democratic society. It represents a break from the country's colonial and authoritarian past and embodies the ideals of freedom, equality, and the rule of law. The constitution-building process was driven by a desire to empower the people, protect their rights, and promote their welfare.
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Frequently asked questions
The 1987 Constitution of the Republic of the Philippines is the supreme law of the Philippines. It was ratified by a nationwide plebiscite on February 2, 1987, and remains unamended. The Constitution establishes a representative democracy with power divided among three independent branches of government: the Executive, a bicameral Legislature, and the Judiciary.
The 1987 Constitution is important to study as it outlines the fundamental laws and principles that govern the Philippines. It establishes the rights and responsibilities of citizens and the structure and powers of the government. Understanding the Constitution is essential for promoting good governance, protecting citizens' rights, and ensuring a just and humane society.
The 1987 Constitution has several key features, including:
- The establishment of a democratic and republican form of government.
- A bill of rights that guarantees civil and political freedoms and protections.
- The organization of the three main branches of government: the Congress, the Executive, and the Judiciary.
- The creation of three independent Constitutional Commissions: the Commission on Audit, the Civil Service Commission, and the Commission on Elections.
- The promotion of economic goals, including equitable distribution of wealth and increased productivity.
Since its ratification, the 1987 Constitution has been subject to various performance assessments and debates. While it was designed to institutionalize democracy, equality, and decentralization, critics argue that the Philippines continues to face unequal development and regional conflicts. Discussions around potential amendments to the Constitution have also emerged, with politicians and citizens questioning whether it fully addresses the aspirations of the Filipino people and nation.
