Philippine Constitution 1987 by: Tina Abigail B. Purganan

What is constitution?

A constitution is a system for government, codified as written document, which contains fundamental laws and principles. It usually contains fundamental political principles and establishes the structure, procedures, powers, and duties for a government.

        The Constitution of the Philippines is the supreme law of the Philippines. The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the “1987 Constitution”. Philippine constitutional laws experts recognize three other previous constitutions as having effectively governed the country – the 935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. Constitutions for the Philippines were also drafted and adopted during the short-lived governments of Presidents Emilio Aguinaldo (1898) and Jose P. Laurel (1943).

  

Name and purpose of Constitution

1.       It serves as the supreme or fundamental law

2.       It established  basic framework and underlying principles of government

Constitutional Law

Body of law derived from country’s written constitution. It lay down and guides the duties and powers of the government, and the duties and rights of its citizens and residents.

Kind of Constitution

1.       As to their origin and history

a.       Conventional or enacted

b.      Cumulative or evolved

2.       As to their form

a.       Written

b.      Unwritten

3.       As to manner of amending them

a.       Rigid or inelastic

b.      Flexible or elastic

Constitution distinguished from Statute

1.       Constitution is a legislation direct from the people

2.       Constitution merely states the general framework of the law

3.       Constitution is intended not merely to meet existing conditions but to govern the future

4.       Constitution is the supreme or fundamental law

Statute

1.       Is legislation from the people’s representatives.

2.       It provides the details of the subject of which it treats

3.       It intended primarily to meet existing conditions only

4.       Statute conforms to Constitution.

Part of the 1987 Constitution

The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles. The Articles are as follows:

Article I – National Territory

Article II – Declaration of Principles and State Policies

Article III – Bill of Rights

Article IV – Citizenship

Article V – Suffage

Article VI – Legislative Department

Article VII – Executive Department

Article VIII – Judicial Department

Article IX – Constitutional Commission

Article X – Local Government

Article XI – Accountability of Public Officers

Article XII – National Economy and Partimony

Article XIII – Social Justice and Human Rights

Article XIV – Education, Science and Technology, Arts, Culture and Sports

Article XV – The Family

Article XVI – General Provisions

Article XVII – Amendments or Revisions

Article XVIII – Transitory Provisions

Preamble of the 1987 Constitution

The Preamble reads:

“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and human society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”

Significant features of the 1987 Constitution

The constitution established the Philippines as a “democratic and republican State”, where “sovereignty resides in the people and all government authority emanates from them”. (Section 1, Article II) Consistent with the doctrine of separation of powers, the powers of the national government are exercised in main by three branches – the executive branch headed by the President, the legislative branch composed of Congress and the judicial branch with the Supreme Court occupying the highest tier of judiciary.

Historical Constitution

• Malolos Constitution (1899)
•  Commonwealth and Third Republic (1935)
• Japanese Sponsored Republic (1943)
• Martial Law Constitution (1973) 
•  Freedom Constitution (1986)

Basic Principles Underlying the New Constitution

Recognition of the Aid of Almighty God

Sovereignty of the People

Renunciation of war as an instrument of national policy

Supremacy of civilian authority over military

Separation of Church and State

Recognition of the importance of the family as basic social institution and of the vital role of youth in nation building

Guarantee of human rights

Government through suffrage

Separation of Power

Independence of Judiciary

Guarantee of local autonomy

High sense of public service morality and accountability

Nationalization of natural resources and certain private enterprises affected by public interest

Non – suability of the state

Rule of the majority; and

Government of laws and not men.

Sources:

 "People Power: An Eyewitness History:" (1986). Kyodo Printing Co., Inc. James B. Reuter, S.J., Foundation, Manila, Philippines

Carmilo, Charmaine (2012). "Introduction to Philippine Constitution". Slideshare.net. Retrieved from http://www.slideshare.net/chariecamilo/introduction-to-philippine-constitution-1987