Constitution of the Philippines (1987)

Constitution of the Philippines (1987)
Name	Constitution of the Philippines (1987)
Orig lang code	fil
Date ratified	February 2, 1987
System	Presidential, unitary, democratic republic
Branches	Executive, Legislative, Judicial
Executive	President of the Philippines
Legislature	Congress of the Philippines
Courts	Supreme Court of the Philippines

Constitution of the Philippines (1987) The 1987 Philippine constitution reestablished democratic institutions after the 1986 People Power Revolution that deposed Ferdinand Marcos and restored the polity led by Corazon Aquino and her allies from United Nationalist Democratic Organization and Lakas–CMD. Drafted by the 1986 Constitutional Commission convened under Proclamation No. 3 (1986), the charter framed civil liberties shaped by precedents from the 1935 Constitution and reactions to the Martial Law in the Philippines era and the Benigno Aquino Jr. assassination. It remains the supreme law interpreted by the Supreme Court of the Philippines and contested in debates involving Philippine Senate politics, House of Representatives dynamics, and executive initiatives by presidents including Fidel V. Ramos, Joseph Estrada, Gloria Macapagal Arroyo, Benigno Aquino III, Rodrigo Duterte, and Ferdinand "Bongbong" Marcos Jr..

Background and Drafting

The constitution emerged from the aftermath of the 1986 Philippine presidential election, the contested results between Ferdinand Marcos and Corazon Aquino, and the subsequent EDSA Revolution involving figures like Juan Ponce Enrile and Fidel V. Ramos. President Corazon Aquino issued Proclamation No. 3 (1986) to establish the 1986 Constitutional Commission, chaired by Cesar Bengzon successor members including Ambrosio Padilla, Edgardo Angara, Rene Saguisag, and Hilario Davide Jr., who drew upon texts from the 1935 Constitution, the 1973 Constitution (Philippine Republic), and comparative models such as the United States Constitution, Japanese Constitution, Spanish Constitution of 1978, and post-authoritarian charters of South Africa and Portugal. The commission debated over issues raised by human rights advocates from Amnesty International, labor groups like the Kilusang Mayo Uno, religious organizations including the Catholic Bishops' Conference of the Philippines, and indigenous representatives from regions such as Cordillera Administrative Region and Autonomous Region in Muslim Mindanao.

Structure and Key Provisions

The charter is organized into a preamble and 18 articles outlining state principles, civil liberties, political structures, social policies, fiscal provisions, and transitional measures; it creates institutions such as the Office of the Ombudsman, Commission on Elections, Commission on Audit, and Civil Service Commission. Key provisions impose term limits on the President of the Philippines, forbid presidential reelection, define the bicameral Congress of the Philippines composed of the Senate of the Philippines and the House of Representatives (Philippines), and establish the Judicial and Bar Council for judicial appointments to the Supreme Court of the Philippines and lower courts. Fiscal clauses constrain public indebtedness referencing principles debated in Ateneo de Manila University, University of the Philippines, and policy forums including the Asian Development Bank and World Bank; land reform directives echo past statutes such as the Comprehensive Agrarian Reform Program and rulings from the Supreme Court of the Philippines.

Bill of Rights and Civil Liberties

Article III enshrines protections against abuses associated with the Martial Law in the Philippines era, guaranteeing rights to due process, freedom from unreasonable searches and seizures, free speech protected under cases like David v. Arroyo and Lansang v. Garcia, and safeguards for political prisoners reviewed by the Commission on Human Rights (Philippines). The charter limits the imposition of martial law and declares habeas corpus suspension conditions, referencing past declarations under Ferdinand Marcos and decisions by the Supreme Court of the Philippines such as those involving Proclamation No. 1081. It also affirms socio-cultural rights for indigenous communities reflected in later measures like the Indigenous Peoples' Rights Act of 1997 and jurisprudence from justices including Conchita Carpio-Morales and Mariano Del Castillo.

Governmental Framework (Executive, Legislative, Judicial)

Executive power vests in the President of the Philippines who serves as head of state and government, with a Vice President of the Philippines and cabinet drawn from sectors including veterans groups like the Armed Forces of the Philippines leadership and civilian technocrats educated at University of Santo Tomas and De La Salle University. Legislative power resides in the Congress of the Philippines with electoral mechanisms such as party-list representation that involved groups like Akbayan and Kilusang Bagong Lipunan; procedural rules have been subject to rulings by the House of Representatives (Philippines) leadership and disputes adjudicated by the Supreme Court of the Philippines. Judicial independence is buttressed by the Judicial and Bar Council and life-tenured judges up to mandatory retirement, with landmark decisions from justices like Quisumbing and Roberto A. Abad shaping separation of powers doctrine.

Social, Economic, and Local Government Provisions

Articles on social justice articulate state obligations toward agrarian reform and labor standards influenced by movements such as Kilusan ng Manggagawang Pilipino and policies from cabinets like those of Corazon Aquino and Fidel V. Ramos. Economic provisions include national patrimony clauses affecting foreign investment debates with entities such as the Asian Development Bank and multinational firms, while local autonomy provisions empower Local Government Units (Philippines) under the framework of the Local Government Code of 1991 and initiatives in regions like Cordillera Administrative Region and Bangsamoro (later development through the Bangsamoro Organic Law).

Amendments, Revision Attempts, and Constitutional Change

Since ratification, multiple administrations pursued amendments or charter change efforts—ranging from Fidel V. Ramos's proposals to Gloria Macapagal Arroyo's calls for federalism and Rodrigo Duterte's federal reorganization initiatives debated in House of Representatives (Philippines) committees. Attempts included the 1999-2000 Charter change talks, the 2005 Signature campaign controversies, and constituent assembly proposals that raised litigation before the Supreme Court of the Philippines. Constitutional amendment mechanisms—via constituent assembly, constitutional convention, or people's initiative—have been invoked by political coalitions such as Lakas–CMD and opposed by coalitions including Akbayan and civil society networks like Bayan.

Impact and Legacy

The 1987 charter shaped post-authoritarian governance, influenced landmark rulings on executive power during crises such as the impeachment of Joseph Estrada and the verdicts concerning Proclamation No. 1017 under Gloria Macapagal Arroyo, and framed human rights remedies pursued by organizations like Amnesty International and the Commission on Human Rights (Philippines). Its provisions continue to animate debates on decentralization, economic nationalism, and constitutional reform involving stakeholders from Senate of the Philippines leaders, Supreme Court of the Philippines jurists, provincial governors in Cebu and Davao, and youth movements centered in universities like University of the Philippines Diliman. The constitution therefore remains central to Philippine political life, juridical evolution, and civic contestation.

Category:Law of the Philippines