Constitution of the Republic of the Philippines

Constitution of the Republic of the Philippines
Philippine Supreme Court Public Information Office · Public domain · source
Name	Republic of the Philippines
Constitution	1987 Constitution of the Republic of the Philippines
Adopted	February 2, 1987
Ratified	February 2, 1987
System	Unitary presidential constitutional republic

Constitution of the Republic of the Philippines

The Constitution of the Republic of the Philippines is the supreme law that established the political framework of the Philippines, delineated state powers among the President of the Philippines, Congress of the Philippines, and the Supreme Court of the Philippines, and enshrined fundamental rights for citizens and residents. Originating from historical charters including the Malolos Constitution, the 1935 Constitution of the Philippines, and the 1973 Constitution of the Philippines, it emerged amid the political upheaval following the People Power Revolution and the fall of the Ferdinand Marcos regime. The document shapes relations among national institutions such as the Philippine Senate, the House of Representatives of the Philippines, the Department of Justice (Philippines), and local governments under the Local Government Code of 1991.

History and Drafting

Drafting of the current constitution followed the 1986 EDSA Revolution that removed Ferdinand Marcos and restored the Corazon Aquino administration, prompting the proclamation of a Transitional Government of the Philippines and the convening of the 1986 Constitutional Commission (Philippines), chaired by Cesar Virata and composed of members like Raul Roco, Ambeth Ocampo, Jose Nolledo, and Christian Monsod. The commission’s work drew on prior texts such as the Malolos Constitution (1899), the 1935 Constitution of the Philippines, and comparative models from the United States Constitution, the 1982 Constitution of Spain, the Weimar Constitution, and the Japanese Constitution. Drafting debates addressed experiences from the Martial Law (Philippines), the New Society, and policies under the Batasang Pambansa; commissioners negotiated provisions on the Bill of Rights (Philippines), the Presidency of the Philippines, and the structure of the Judicial and Bar Council. Ratification occurred via a nationwide plebiscite on February 2, 1987, after campaigning by movements including the Lakas–CMD, Liberal Party (Philippines), and civil society groups such as the Kilusan ng mga Anak ng Lipi.

Structure and Major Provisions

The constitution is organized into a preamble and 18 articles defining state principles, citizenship, rights, the National Economy and Patrimony, social justice, the Armed Forces of the Philippines, and amendments. Article VII establishes the President of the Philippines as head of state and government and prescribes election and removal via mechanisms including impeachment handled by the House of Representatives of the Philippines and trial by the Senate of the Philippines. Article VI delineates the Congress of the Philippines bicameral structure and legislative powers, while Article VIII empowers the Judiciary of the Philippines, specifies the Supreme Court of the Philippines composition, and creates the Judicial and Bar Council for judicial appointments. Provisions regulate Commission on Elections (Philippines), fiscal institutions like the Bangko Sentral ng Pilipinas, and administrative entities including the Commission on Audit and the Civil Service Commission (Philippines). The constitution also affirms regional autonomy instruments influencing the Bangsamoro Autonomous Region in Muslim Mindanao and interactions with the Department of the Interior and Local Government.

Bill of Rights and Civil Liberties

Article III comprises the Fundamental Liberties and safeguards modeled partially on the United States Bill of Rights, guaranteeing rights such as freedom of speech protected in cases like decisions from the Supreme Court of the Philippines and interpreted against statutes like the Anti-Terrorism Act of 2020. Protections include freedom of religion relevant to institutions like the Catholic Bishops' Conference of the Philippines and religious minorities including the Moro National Liberation Front and the Iglesia ni Cristo. Provisions on due process and equal protection shape jurisprudence in landmark rulings involving parties such as the Department of Justice (Philippines), non-governmental organizations like Legal Network for Truthful Elections, and litigants in cases heard at the International Criminal Court contextually. Rights to information, free assembly, and press freedom intersect with media entities including ABS-CBN Corporation, Philippine Daily Inquirer, and Rappler in constitutional litigation and public discourse.

Governmental Framework and Separation of Powers

The constitution establishes a presidential system with separation among executive, legislative, and judicial branches, prescribing checks and balances through mechanisms like the Commission on Appointments (Philippines)],] impeachment, judicial review by the Supreme Court of the Philippines, and administrative oversight by the Commission on Audit. It delineates powers for departments such as the Department of Foreign Affairs (Philippines), Department of National Defense (Philippines), Department of Finance (Philippines), and institutions handling security like the Armed Forces of the Philippines and Philippine National Police. The document shapes civil-military relations in contexts like the Oakwood Mutiny and regional security cooperation with partners such as the United States Armed Forces, the Association of Southeast Asian Nations, and agreements like the Mutual Defense Treaty (United States–Philippines). Legislative-executive interactions frequently surface in budgetary disputes, treaty ratification, and oversight involving committees of the Senate of the Philippines.

Amendment and Revision Processes

Article XVII provides amendment procedures via a constituent assembly convened from the Congress of the Philippines, a constitutional convention, or a nationwide plebiscite on people's initiative, reflecting debates involving political parties such as PDP–Laban and civil society advocates like Akbayan. Past proposals for Charter Change have referenced models like the 1991 Russian constitutional reform and the 1988 Brazilian Constitution to argue for federalism or parliamentary shifts; such proposals have faced contestation from groups including the National Citizens' Movement for Free Elections and regional actors like the Bangsamoro Transition Commission. The constitution prescribes timelines and supermajority requirements for amendments, and amendment attempts often trigger judicial scrutiny from the Supreme Court of the Philippines and public mobilizations reminiscent of the People Power II demonstrations.

Impact, Interpretation, and Constitutional Jurisprudence

Since ratification, constitutional interpretation by the Supreme Court of the Philippines has produced landmark decisions shaping administrative law, human rights, and electoral disputes, including cases addressing executive privilege, habeas corpus, and proportionality standards applied against entities such as the Commission on Elections (Philippines), Philippine National Police, and the Office of the Ombudsman (Philippines). Jurisprudence has engaged with international law bodies like the International Court of Justice and influenced domestic policy in areas involving the Bangsamoro Autonomous Region in Muslim Mindanao, economic regulation affecting entities like the National Economic and Development Authority, and environmental rulings involving the Department of Environment and Natural Resources. Constitutional debates continue to involve scholars from institutions like the University of the Philippines College of Law, Ateneo de Manila University, and De La Salle University, and shape political contests among parties including Lakas–CMD, Nacionalista Party, and reform movements. The constitution remains central to civic education promoted by groups such as the Commission on Human Rights of the Philippines and activism by organizations like Bayan.

Category:Law of the Philippines