Malcolm Rivera
The Constitution of the Philippines has gone through several iterations, with the current version being the 1987 Constitution. The constitution outlines the country's political system, including the establishment of a President, a bicameral Congress, and an independent Judiciary. It also sets out the rights and responsibilities of Filipino citizens, such as the recognition and protection of the rights of Filipino children and their parents' right to found a family in accordance with their religious convictions. Additionally, the constitution establishes the country's territory, including its islands and waters, and outlines the powers of the President and Congress in relation to autonomous regions and agreements with foreign-owned corporations. Understanding the constitution is essential for Filipino citizens to know their rights and responsibilities and to hold their government accountable to the principles of independence, democracy, and justice that the constitution enshrines.
| Characteristics | Values |
|---|---|
| To build a just and humane society | To establish a government that embodies the ideals and aspirations of the Filipino people, promotes the common good, and secures the blessings of independence and democracy |
| To promote social welfare and security | To ensure the welfare and social security of all Filipino families, protect the rights of spouses and children, and promote responsible parenthood |
| To establish a strong and independent nation | To create a government with three constitutional commissions independent of the three main branches of government, including the Civil Service Commission, the Commission on Elections, and the Commission on Audit |
| To ensure economic growth and development | To pursue a trade policy that serves the general welfare, promote the preferential use of Filipino labour and locally-produced goods, and encourage foreign investment within limits |
| To uphold the rule of law and good governance | To establish the Office of the Ombudsman, responsible for investigating and prosecuting government officials, and to outline the methods by which the Constitution may be amended |
| To protect national sovereignty and territorial integrity | To define the national territory as the Philippine archipelago and all other territories over which the Philippines has sovereignty or jurisdiction, including its terrestrial, fluvial, and aerial domains |
| To ensure religious freedom and cultural heritage | To allow for oaths to God or other deities when abiding by the Constitution and to create autonomous regions in Muslim Mindanao and the Cordilleras that preserve historical and cultural heritage |
Explore related products
What You'll Learn
The history of the Philippines' constitution
The Philippines has had a long and tumultuous history, with the country being colonized by the Spanish and later the Americans. The desire for independence and self-governance has been a recurring theme in the country's constitutional history.
The first Philippine Constitution, the Malolos Constitution, was drafted in 1899 by the Malolos Congress, which was composed of wealthy and educated men. This constitution aimed to establish the first functional parliamentary republic in Asia, modelled after the Spanish Constitution of 1812 with influences from other countries' charters and the French Constitution of 1793. However, it was never fully implemented due to the outbreak of the Philippine-American War and the subsequent suppression of the Philippine independence movement by the United States.
In 1916, the US passed the Jones Act, which specified that Philippine independence was contingent upon the formation of a stable democratic government modelled on the American system. A new constitution, the 1935 Commonwealth Constitution, was drafted and provided for a unicameral National Assembly and a President elected for a six-year term without the possibility of re-election. This constitution was amended in 1940 to establish a bicameral Congress and allow for presidential re-election.
Philippine independence was achieved on July 4, 1946, with the 1935 Constitution as the foundation of the country's political system. Despite this milestone, Filipino politics continued to be marred by corruption and scandal. The country experienced several leadership changes, and in 1972, President Ferdinand Marcos declared martial law to extend his rule beyond the legal tenure.
In 1986, following the People Power Revolution, President Corazon Aquino chose to draft a new constitution rather than restore the 1935 Constitution or retain and reform the 1973 Constitution adopted during the Marcos regime. This new constitution, known as the 1987 Constitution, remains the fundamental law of the Philippines today.
Understanding Varied Forms of Constituted Authority
You may want to see also
The powers and limitations of the President
The President of the Philippines is the highest executive office in the country's legal and political system. The President serves as the head of state, head of government, and chief executive. They are directly elected by the Filipino citizens and are one of only two nationally elected executive officials, the other being the vice president. The President's powers are derived from the 1987 Constitution, statutory laws, and jurisprudential interpretations.
Powers of the President of the Philippines
The President has the power to:
- Control all the executive departments, bureaus, and offices, and modify or nullify actions of executive subordinates.
- Make appointments during the recess of Congress, which are effective until disapproved by the Commission on Appointments or until the next adjournment of Congress.
- Declare martial law or suspend the writ of habeas corpus in cases of invasion or rebellion, subject to specific time limits and congressional and judicial review.
- Negotiate and enter into treaties and international agreements, although treaties require the concurrence of at least two-thirds of all Members of the Senate.
- Appoint ambassadors, consuls, and other public ministers, typically with the consent of the Commission on Appointments.
- Grant reprieves, commutations, and pardons, and remit fines and forfeitures after conviction, except in cases of impeachment.
- Grant amnesty with the concurrence of the majority of all the members of Congress.
- Contract or guarantee foreign loans on behalf of the country, with the prior concurrence of the Monetary Board and subject to limitations provided by law.
- Exercise the power of eminent domain.
- Direct escheat or reversion proceedings and reserve lands of the public and private domain of the government.
- Give executive issuances, such as executive orders, administrative orders, proclamations, and memorandum orders.
Limitations of the President of the Philippines
The President's powers are balanced by constitutional checks and safeguards to prevent abuses. These include:
- Article III, Section 9 of the Constitution, which provides that no person shall be deprived of their life, liberty, or property without due process of law, and that private property shall not be taken.
- The requirement that the President's actions must conform to constitutional limitations.
- The Supreme Court's power to invalidate executive measures that restrict rights, as seen in the "Calibrated Preemptive Response" policy.
- The need for sufficient factual circumstances to justify the President's calling-out powers, as in the declaration of a "state of rebellion."
- The requirement for congressional and judicial review when the President declares martial law or suspends the writ of habeas corpus.
- The need for the concurrence of the Commission on Appointments for certain appointments made by the President.
- The limitation on the President's power to contract or guarantee foreign loans, which is subject to the concurrence of the Monetary Board and legal limitations.
What Are Filtration Membranes Made Of?
You may want to see also
The role of foreign investors in the country
The Philippine Constitution has undergone several iterations, with the country's history of Spanish and American colonisation influencing its development. The current constitution, established in 1987, outlines the country's democratic system of government, including its three branches and their respective roles and responsibilities.
The role of foreign investors in the Philippines is significant, as they contribute to the country's economic growth and development. The country has liberalised policies and regulations, easing business registration and compliance processes, and offering incentives for foreign enterprises, particularly in special economic zones. The Philippines offers diverse business opportunities for foreign investors across various sectors, including business process outsourcing (BPO), information technology, software development, manufacturing, real estate, renewable energy, tourism, and financial services.
Foreign investors can benefit from lower operational costs in the Philippines compared to neighbouring countries, including employee wages, office space rentals, and overhead expenses. The country's laws treat foreign investors the same as domestic investors, except in sectors reserved for Filipino citizens by the Constitution and outlined in the Foreign Investment Negative List (FINL). The minimum investment requirement for foreign retailers is USD 500,000, and foreign banks can establish up to six branches, owning up to 100% of the voting stock of local subsidiaries.
The Philippines offers investment visas, such as the Special Investor's Resident Visa (SIRV), which grants indefinite residency and multiple-entry privileges to foreign nationals investing at least US$75,000. The Cagayan Economic Zone Authority (CEZA) provides permanent residency and visas to foreign investors establishing businesses within its special economic zone with a capital investment of at least US$150,000. The Subic Bay Metropolitan Authority (SBMA) offers the Subic-Clark Investor's Visa (SCIV) for foreign nationals investing at least US$250,000 in the Subic Bay Freeport, granting permanent residency status.
The Philippines has amended its Foreign Investment Act (FIA) to eliminate restrictions on foreign ownership of export enterprises, opening up most areas except those subject to nationality requirements. The Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act reduced corporate income tax rates and mandated performance-based fiscal incentives, improving the business environment. These legislative changes aim to attract foreign investments, expand livelihood opportunities, enhance the value of agricultural products, increase exports, and supplement Filipino capital and technology.
Founding Fathers' Fears: Democracy's Early Days
You may want to see also
Explore related products
$9.99 $9.99
$1.99
The rights and welfare of Filipino families
The Constitution of the Philippines is a document that outlines the rights and responsibilities of the government and the people. It establishes the country's fundamental laws and principles, which are designed to promote the general welfare and secure the blessings of independence, justice, liberty, and democracy for all Filipinos.
The Constitution plays a crucial role in protecting the rights and welfare of Filipino families. It provides a framework for policies and programs that ensure social security and promote the common good. Here are some key ways in which the Constitution upholds the rights and welfare of Filipino families:
Recognition and Protection of Rights
The Constitution recognises and protects the rights of every Filipino child and spouse. It ensures that spouses have the right to found a family in accordance with their religious convictions and promotes responsible parenthood. Additionally, it establishes the Commission on Human Rights, which ensures legal measures to protect the human rights of all persons within the Philippines and Filipinos residing abroad.
Promotion of Full Employment and Equal Opportunities
The Constitution emphasises the importance of labour as a primary social and economic force. It aims to protect the rights of workers, promote their welfare, and ensure full employment and equal opportunities for all. This includes support for independent Filipino farmers and fishermen, as well as the promotion of local labour and businesses.
Wealth Distribution and Elevation of Living Standards
The document outlines the goals of the Philippine government in terms of wealth distribution, division of goods and services, and the creation of job opportunities. It aims to reduce social, economic, political, and cultural inequalities to secure equitable welfare for all. The State is also tasked with pursuing a trade policy that serves the general welfare and promotes the preferential use of Filipino labour, domestic materials, and locally produced goods.
Health and Social Services
The Constitution addresses the importance of health and social services for the welfare of Filipino families. It encourages the adoption and integration of affordable and competent medical care to ensure the well-being of all citizens.
Education and Information Access
The Constitution recognises the vital role of communication and information in nation-building. It aims to elevate the lives of Filipino people through education and access to information.
In conclusion, the Constitution of the Philippines is a fundamental document that safeguards the rights and welfare of Filipino families. By providing a framework for policies and programs, it ensures social security, promotes full employment, protects the rights of individuals, and strives for equitable welfare and improved quality of life. Studying and understanding the Constitution empowers Filipino citizens to know their rights and hold the government accountable for upholding the values and principles enshrined in this document.
Lockdown Legality: Is the Stay-at-Home Order Constitutional?
You may want to see also
The structure of the government
The Philippines is a democratic and republican country, with a government structure that comprises three distinct branches: the Executive, the Legislative, and the Judiciary. This separation of powers ensures that no single branch becomes too powerful and acts as a check on the others, maintaining the system of checks and balances essential to a healthy democracy.
The Executive branch is led by the President, who is the head of state, the leader of the national government, and the Commander-in-Chief of the Armed Forces. The President and Vice President are elected separately by popular vote for a term of six years, and the President cannot be re-elected. The President appoints the Cabinet and heads all executive departments, carrying out and enforcing laws. The Vice President supports the President and assumes their role if they are unable to serve.
The Legislative branch, responsible for making laws, is bicameral, consisting of the Senate and the House of Representatives. The Senate comprises 24 Senators elected by the Filipino people to serve six-year terms, while the House of Representatives includes about 250 members representing legislative districts and sectors of society. This structure ensures a diverse range of perspectives in lawmaking.
The Judiciary, an independent branch, holds the power to interpret and apply laws and determine if they violate the Constitution. It comprises the Supreme Court and lower courts, with the Justices of the Supreme Court appointed by the President and confirmed by the Senate. The Judicial branch can review executive actions and overturn unconstitutional laws, ensuring a balance of power.
Additionally, the 1987 Constitution establishes three independent constitutional commissions: the Civil Service Commission, responsible for employment and work environment in the civil service sector; the Commission on Elections, which administers and enforces election-related laws and regulations; and the Commission on Audit, tasked with examining and settling revenues and expenditures of public funds. These commissions further support the structure of the Philippine government and ensure the proper functioning of its democratic processes.
The Constitution's Role in the Civil War
You may want to see also
Frequently asked questions
The Philippine Constitution outlines the rights and responsibilities of Filipino citizens, including the recognition and protection of the rights of Filipino families and children, and the welfare and social security provided to them. It also establishes the structure and powers of the government, including the creation of autonomous regions and the powers of the President.
The Philippine Constitution establishes three branches of government: the executive, the legislative, and the judicial. It also outlines the powers and responsibilities of each branch, including the creation of constitutional commissions that are independent of the three main branches. The Constitution also mandates Congress to enact laws for local governments.
The Philippine Constitution guarantees certain rights and freedoms, including the right to build a just and humane society, promote the common good, and secure the blessings of independence and democracy. It also outlines the responsibilities of the government in promoting the general welfare and economic growth of the country, including the preferential use of Filipino labour, domestic materials, and locally produced goods.
