1987 Constitution of the Philippines

1987 Constitution of the Philippines
Name	1987 Constitution of the Philippines
Date adopted	February 2, 1987
Effective	February 11, 1987
System	Presidential, unitary, republican
Branches	Executive, Legislative, Judicial
Chambers	Senate, House of Representatives
Executive	President of the Philippines
Courts	Supreme Court of the Philippines

1987 Constitution of the Philippines is the fundamental charter that reestablished democratic institutions after the 1986 People Power Revolution, replacing the 1973 charter associated with martial law. Promulgated under the presidency of Corazon Aquino, it restored civil liberties curtailed under Ferdinand Marcos and reconstituted national structures involving the Senate of the Philippines, House of Representatives of the Philippines, and the Supreme Court of the Philippines. The document frames relations among the President of the Philippines, provincial officials such as governors of Cebu, metropolitan entities like Metro Manila, and autonomous regions including the Bangsamoro Autonomous Region precursor arrangements.

Background and Drafting

The constitution arose from the aftermath of the 1986 People Power Revolution, a mass movement that toppled Ferdinand Marcos and led to the ascension of Corazon Aquino. A provisional Freedom Constitution issued by Aquino set the stage for a 1986 constitutional commission chaired by Cecilia Muñoz-Palma with commissioners such as Ambrosio Padilla and Jose D. Calderon. The commission operated in sessions at venues in Manila and produced a draft subject to a nationwide plebiscite influenced by debates involving parties like the Liberal Party (Philippines), PDP–Laban, and political figures including Benigno Aquino Jr.'s legacy allies. International observers from organizations such as the International Commission of Jurists and diplomats from the United States and Japan monitored transitions while domestic groups like the Katipunan ng mga Demokratikong Pilipino and Catholic bishops participated in civil society consultations.

Structure and Contents

The charter opens with a preamble and is divided into articles addressing national sovereignty, rights, branches, fiscal administration, social justice, and constitutional commissions. Article I on the national territory references archipelagic concepts relevant to Luzon, Visayas, and Mindanao and maritime regimes influenced by the United Nations Convention on the Law of the Sea. Article VII defines the office and powers of the President of the Philippines and Article VI sets bicameral legislature details for the Senate of the Philippines and House of Representatives of the Philippines. Article VIII concerns the Judicial and Bar Council and the Supreme Court of the Philippines, while Article IX creates constitutional commissions including the Commission on Elections (Philippines), Commission on Audit, and Civil Service Commission. Subsequent provisions deal with fiscal matters involving the Department of Finance (Philippines), local government units such as municipalities in Ilocos Norte and provinces like Palawan, and social provisions referencing agrarian reform efforts tied to laws like the Comprehensive Agrarian Reform Law debates.

Principles and Rights

The charter enshrines civil liberties including freedoms of expression, association, and religion as contested in cases before the Supreme Court of the Philippines and in advocacy by organizations like Karapatan and the National Union of Journalists of the Philippines. It articulates social justice aims affecting indigenous peoples recognized through mechanisms relating to the National Commission on Indigenous Peoples and environmental protections relevant to disputes in Palawan and urban development controversies in Quezon City. Economic provisions limit foreign ownership where debates involve entities such as San Miguel Corporation and Ayala Corporation, and social welfare clauses inform policies by the Department of Social Welfare and Development. Equality guarantees have been litigated in cases involving political figures from Davao City and activists in regions such as Mindanao.

Governmental Framework

The constitution establishes a presidential system centered on the President of the Philippines with executive functions coordinated through the Office of the President (Philippines), cabinet departments including the Department of Foreign Affairs (Philippines) and Department of National Defense (Philippines), and appointments reviewed by the Commission on Appointments. The bicameral Congress of the Philippines comprises the Senate of the Philippines with senators elected nationally and the House of Representatives of the Philippines with district representatives from areas such as Cebu City and party-list groups like Bayan Muna. The judiciary is headed by the Supreme Court of the Philippines with vetting through the Judicial and Bar Council; junior courts include the Court of Appeals of the Philippines and trial courts in provinces. Autonomous and local governance frameworks reference laws implementing decentralization affecting municipalities in Negros Occidental and barangays across Metro Manila.

Amendments and Revision Processes

Article XVII prescribes amendment and revision routes including constituent assemblies where the Congress of the Philippines convenes, constitutional conventions historically called in Philippine politics, and people's initiatives. Proposed changes have been central to debates during presidencies of Fidel V. Ramos and Gloria Macapagal Arroyo and discussed in academic forums at institutions like the University of the Philippines and Ateneo de Manila University. Efforts to shift to parliamentary systems, adopt economic liberalization amendments affecting corporations such as PLDT and San Miguel Corporation, or charter change campaigns have generated legislative proposals, referendum debates, and interventions by civil society coalitions including the Bagong Alyansang Makabayan.

Implementation and Impact

Since 1987 the constitution shaped post-authoritarian governance, influencing impeachment proceedings such as those involving Joseph Estrada and legal contests over executive power under Rodrigo Duterte. It underpins electoral administration by the Commission on Elections (Philippines), land reform disputes involving the Department of Agrarian Reform (Philippines), and peace processes with separatist groups including the Moro Islamic Liberation Front leading to frameworks that culminated in the Bangsamoro Organic Law later. Jurisprudence from the Supreme Court of the Philippines on issues like habeas corpus, human rights, and fiscal autonomy has guided policymaking by the Department of Budget and Management (Philippines) and influenced international relations with partners such as the United States and People's Republic of China. Political scholars at the Asian Development Bank and think tanks like the Philippine Institute for Development Studies continue to assess its role in democratic consolidation and socio-economic development.

Category:Constitutions of the Philippines