The 1987 Philippine Constitution serves as the supreme law of the Republic of the Philippines. Promulgated following the historic EDSA People Power Revolution, it was designed to prevent the recurrence of authoritarian rule while establishing a government founded on social justice, human rights, and the rule of law.
I. The Preamble and National Sovereignty
The Preamble acts as the "soul" of the Constitution, identifying the Filipino people as the authors of the document. Unlike previous iterations, it explicitly mentions the "rule of law" and "regime of truth, justice, freedom, love, equality, and peace."
Fundamental Principle:
- Sovereignty: "Sovereignty resides in the people and all government authority emanates from them" (Article II, Section 1). This establishes the Philippines as a democratic and republican State.
II. Declaration of Principles and State Policies (Article II)
Article II functions as the ideological framework of the State. It contains the mandatory directives for the government.
- Renunciation of War: The Philippines renounces war as an instrument of national policy and adopts generally accepted principles of international law.
- Civilian Supremacy: Civilian authority is, at all times, supreme over the military.
- Separation of Church and State: The separation of Church and State is declared inviolable.
- Social Justice: The State is mandated to promote a just and dynamic social order to ensure the prosperity and independence of the nation.
- State Policies: These include the protection of the family as a basic social institution, the promotion of the youth's well-being, the empowerment of women, and the protection of the environment (the "Right to a Balanced and Healthful Ecology").
III. The Bill of Rights (Article III)
The Bill of Rights is the "charter of liberties" that protects individuals against the overreach of government power.
| Key Right | Description |
|---|---|
| Due Process and Equal Protection | No person shall be deprived of life, liberty, or property without due process of law. |
| Freedom of Expression | Prohibits laws abridging the freedom of speech, of expression, or of the press. |
| Right against Unreasonable Searches | Requires a warrant based on probable cause for searches and seizures. |
| Right to Privacy | Protects the privacy of communication and correspondence. |
| Miranda Rights | Rights of a person under investigation (right to remain silent, right to counsel). |
| Writ of Habeas Corpus | The privilege of the writ shall not be suspended except in cases of invasion or rebellion. |
IV. Structure of Government: Separation of Powers
The Constitution establishes a presidential system with three co-equal branches, governed by the principle of Checks and Balances.
1. The Legislative Department (Article VI)
Vested in the Congress of the Philippines, consisting of the Senate (upper house) and the House of Representatives (lower house).
- Power of the Purse: Congress controls the national budget.
- Legislative Inquiry: Power to conduct inquiries in aid of legislation.
2. The Executive Department (Article VII)
Vested in the President, who serves as the Head of State and Government.
- Term: Single six-year term with no reelection.
- Commander-in-Chief: The President heads all armed forces.
- Executive Check: The President may veto bills passed by Congress.
3. The Judicial Department (Article VIII)
Vested in the Supreme Court and lower courts.
- Judicial Review: The power to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether there has been a grave abuse of discretion by any branch of government.
V. Safeguards Against Authoritarianism
Learning from the martial law era (1972–1981), the 1987 Constitution installed specific limitations on emergency powers:
- Duration: Martial law cannot exceed 60 days unless extended by Congress.
- Review: The Supreme Court may review the factual basis of the proclamation of martial law.
- Legislative Override: Congress may revoke the proclamation at any time.
VI. Independent Constitutional Commissions (Article IX)
To ensure integrity in governance, three independent commissions were created:
- Civil Service Commission (CSC): The central personnel agency of the government.
- Commission on Elections (COMELEC): Enforces and administers all laws relative to the conduct of elections.
- Commission on Audit (COA): Examines, audits, and settles all accounts pertaining to government funds and property.
VII. Social Justice and the National Economy
The Constitution is often described as "pro-poor" and "nationalistic" due to the following provisions:
- Article XII (National Economy and Patrimony): Establishes the Regalian Doctrine, stating all natural resources belong to the State. It enforces the 60/40 Rule, limiting foreign ownership of land and public utilities to 40%.
- Article XIII (Social Justice and Human Rights): Mandates Congress to give highest priority to the enactment of measures that protect and enhance the right of all people to human dignity. This includes agrarian reform, labor protections, and the creation of the Commission on Human Rights (CHR).
VIII. Accountability of Public Officers (Article XI)
The Constitution maintains that "Public office is a public trust." It establishes mechanisms for accountability:
- Impeachment: Applicable to the President, Vice-President, Members of the Supreme Court, Members of Constitutional Commissions, and the Ombudsman.
- The Ombudsman: Known as the "Tanodbayan," this office acts as the "champion of the people" to investigate government corruption.
- Sandiganbayan: The special anti-graft court.
IX. Amendments or Revisions (Article XVII)
Changes to the Constitution can be proposed through three methods:
- Constituent Assembly (Con-Ass): Congress, upon a vote of three-fourths of all its members.
- Constitutional Convention (Con-Com): A body of delegates elected by the people.
- People’s Initiative (PI): A petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein.
Note: All proposed changes must be ratified by a majority of the votes cast in a national plebiscite.