Simone Lawson
The Constitution of the Philippines is the supreme law of the land and outlines the basic social and political creed of the country. It establishes the three branches of government, including the President, the Vice President, and the Supreme Court, and sets forth the objectives of the government. The Constitution also lays out specific protections against the abuse of state power, including rights similar to those in the U.S. Constitution, such as freedom of speech and protection from unreasonable searches and seizures. The Supreme Court is tasked with interpreting the Constitution and has the power to review and strike down laws that are deemed unconstitutional. The Constitution of the Philippines has a rich history, with the first constitution being drafted in 1897 and the current constitution, enacted in 1987, being established after a period of political repression and oppression.
| Characteristics | Values |
|---|---|
| Social and political creed | Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government. |
| Abuse of state power | Article III enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the U.S. Constitution. |
| Citizenship | Article IV defines the citizenship of Filipinos. |
| Martial law | The Constitution prohibits the suspension of the Constitution, the replacement of civilian courts and assemblies, and the use of military courts and agencies over civilians when civilian courts are operational during martial law. |
| Judicial power | Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be established by law (by Congress). |
| Constitutional commissions | Article IX establishes three constitutional commissions, which are governmental bodies that are independent of the three main branches of government: the Civil Service Commission, the Commission on Elections, and the Commission on Audit. |
| Local autonomy | Article X pursues local autonomy and mandates Congress to enact a law for the local government. |
| Office of the Ombudsman | Article XI establishes the Office of the Ombudsman, which is responsible for investigating and prosecuting government officials. |
| Wealth distribution | Article XII lays down the goals and objectives of the Philippine government in terms of wealth distribution, division of goods and services, and job opportunities to elevate the lives of Filipino people. |
| Presidential elections | The Constitution outlines the requirements for presidential elections, including that no person may be elected President unless they are a natural-born citizen of the Philippines, a registered voter, able to read and write, etc. |
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What You'll Learn
The Constitution cannot be suspended
The Constitution of the Philippines is the supreme law of the country. It establishes the basic principles, structures, and rules that govern the country and outlines the rights and freedoms of its citizens. One of the key tenets of the Constitution is that it cannot be suspended, even in exceptional circumstances. This is a crucial safeguard to protect the rights and liberties of Filipinos and to ensure the stability and continuity of the country's democratic system.
The Constitution explicitly prohibits the suspension of its own provisions, recognising that doing so would undermine the very foundation of the Philippine state. This safeguard is particularly important given the country's history of political repression and martial law despotism under the rule of Ferdinand Marcos. The Marcos regime highlighted the dangers of concentrating too much power in the hands of the executive and the potential for this power to be abused.
The current Constitution, enacted in 1987, includes several checks and balances to prevent the abuse of power. While the President is the head of state and the chief executive, their powers are limited and subject to oversight. For example, in cases of national emergency, the President can declare martial law, but only for a maximum of 60 days. Congress can revoke or extend this decision, and the Supreme Court can review the declaration to ensure it is justified.
The Constitution also establishes independent bodies, such as the Civil Service Commission, the Commission on Elections, and the Commission on Audit, which are separate from the three main branches of government. These bodies help to promote transparency, accountability, and good governance. The Office of the Ombudsman, for instance, is responsible for investigating and prosecuting government officials who engage in misconduct.
The Supreme Court, meanwhile, plays a crucial role in interpreting and upholding the Constitution. It has the power to review the constitutionality of laws, treaties, and decrees and to hear appeals related to constitutional rights. The Court also has administrative supervision over all courts and their personnel. The members of the Supreme Court are appointed by the President from a list of nominees presented by the Judicial and Bar Council, ensuring a degree of independence and impartiality.
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The Supreme Court's role in elections
The Constitution of the Philippines outlines the basic social and political creed of the country, including the implementation of the constitution and the objectives of the government. It also enumerates specific protections against the abuse of state power, including rights similar to those in the US Constitution, such as the right to due process, freedom of speech, and freedom of assembly.
The Supreme Court of the Philippines plays a crucial role in elections, particularly in relation to the presidency and vice presidency. According to the 1987 Constitution, the Supreme Court is the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President. This means that the Supreme Court has the power to decide on any disputes or controversies that may arise during the election process for these two offices. The Court may also promulgate its own rules for this purpose.
In addition to its role in resolving election disputes, the Supreme Court also has administrative functions, including supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. The Court can order a change of venue in a trial to avoid a miscarriage of justice and can appoint all officials and employees of the judiciary. The Court also has the power to promulgate rules for admission to the practice of law and to provide legal assistance to the underprivileged.
The Supreme Court also has judicial functions, including the power to engage in judicial review, which allows the Court to review and interpret laws and government actions to ensure they are consistent with the Constitution. This power is outlined in Article VIII of the 1987 Constitution, which vests judicial power in "one Supreme Court and in such lower courts as may be established by law."
The Supreme Court is also involved in impeachment proceedings against the President. While the Senate has the sole power to try and decide impeachment cases, when the President is on trial, the Chief Justice of the Supreme Court shall preside, although they do not have a vote.
The Supreme Court is typically reached through an appeal from a decision made by a lower court. However, decisions of the Commission on Elections, established as a constitutional commission independent of the three main branches of government, can be elevated directly for review by the Supreme Court.
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The President's oath
The President of the Philippines is limited to a single six-year term. The President usually takes the oath of office at noon on June 30 following the presidential election. The oath or affirmation is as follows:
> "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, the last sentence is omitted.)
The Filipino text of the oath used for the inaugurations of Fidel V. Ramos, Joseph Estrada, Benigno Aquino III, and Bongbong Marcos reads:
> "Ako si (pangalan), ay taimtim kong pinanunumpaan (o pinatotohanan) na tutuparin ko nang buong katapatan at sigasig ang aking mung tungkulin bilang Pangulo (o Pangalawang Pangulo o Nanunungkulang Pangulo) ng Pilipinas, pangangalagaan at ipagtatanggol ang kanyang Konstitusyon, ipatutupad ang mga batas nito, magiging makatarungan sa bawat tao, at itatalaga ang aking sarili sa paglilingkod sa Bansa. Kasihan nawa ako ng Diyos." (Kapag pagpapatotoo, ang huling pangungusap ay kakaltasin.)
The vice president typically takes the oath first, a little before noon, and the president takes the oath last due to their supremacy. Once the president takes the oath of office, a 21-gun salute is fired to salute the new head of state, and the presidential anthem "We Say Mabuhay" is played.
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The Ombudsman's role
The Constitution of the Philippines establishes the Office of the Ombudsman, which is responsible for investigating and prosecuting government officials. The Ombudsman's role is to independently monitor all three branches of the government for political corruption. The Ombudsman may act on their own or upon complaint by any person. They investigate any act or omission by a public officer, employee, office, or agency that appears to be illegal, unjust, improper, or inefficient. This includes those in government-owned or controlled corporations.
The Ombudsman has the power to direct any government officer or employee to perform or expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties. They can also direct the officer concerned to take appropriate action against a public officer or employee at fault, including recommending their removal, suspension, demotion, fine, censure, or prosecution.
Additionally, the Ombudsman determines the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the government and makes recommendations for their elimination. They can administer oaths, issue subpoenas, and take testimony in any investigation or inquiry, including the power to examine and access bank accounts and records. They can also punish for contempt in accordance with the Rules of Court.
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The President's powers during emergencies
The President of the Philippines has a wide range of powers during emergencies. The President may declare a state of martial law throughout the Philippines or in specific areas, or suspend the privilege of the writ of habeas corpus, in cases where public safety necessitates it. The Constitution prohibits the suspension of the Constitution, the replacement of civilian courts and assemblies, and the use of military courts over civilians when civilian courts are operational during this time.
The National Emergencies Act imposes procedural requirements on the President's exercise of emergency powers. There are 150 statutory provisions available to the President during national emergencies, which are laid out in the Constitution. These provisions include the power to declare a national emergency, as demonstrated by President Donald Trump in 2019 when he declared a national emergency to secure funding for the construction of a wall along the southern US border.
The President of the Philippines also has the power to mobilize forces to prevent or suppress "lawless violence", invasions, or rebellions. The Constitution also establishes the Office of the Ombudsman, which is responsible for investigating and prosecuting government officials, including the President and Vice President.
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Frequently asked questions
The Constitution of the Philippines is the supreme law of the Republic of the Philippines. It establishes the government's basic structure and lays out the rights and freedoms guaranteed to its citizens. The Philippines' Constitution has been amended several times since its creation.
The Constitution of the Philippines consists of several articles that outline the government's structure and powers. Article II, for example, lays out the basic social and political creed of the country, while Article III enumerates specific protections against the abuse of state power, including rights similar to those in the US Constitution, such as freedom of speech and freedom of the press.
The President of the Philippines is the head of state and the chief executive. They are subject to checks from other branches of government, especially in times of emergency, to prevent a repeat of martial law despotism. The President can declare martial law for up to 60 days, but Congress can revoke or extend this decision. The Constitution also outlines the process for impeaching the President, which is led by the House and tried by the Senate.
