I. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The 1987 Constitution of the Philippines is the supreme law of the land. It lays the foundation of the structure and operation of the government, defines the powers of its branches, and secures the rights of the people. The Constitution was ratified on February 2, 1987, during the administration of President Corazon C. Aquino. It replaced the 1973 Constitution and reinstated democratic institutions after the authoritarian regime under Ferdinand Marcos.

The 1987 Constitution has a preamble and 18 articles, which can be broken down into their substantive parts:

A. PREAMBLE

The preamble is an introductory statement that expresses the sovereignty of the Filipino people and their aspirations. It serves as a guide in the interpretation of the Constitution, although it does not confer any rights or obligations. It reads:

"We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane 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."

B. ARTICLE I: NATIONAL TERRITORY

Article I defines the national territory of the Philippines, which includes:

The Philippine archipelago, including its terrestrial, fluvial, and aerial domains;
The territorial sea and the seabed, subsoil, insular shelves, and other submarine areas; and
The internal waters and other waters over which the Philippines has sovereignty and jurisdiction.

This article is relevant to the country's territorial disputes and its exercise of sovereign rights over its exclusive economic zone (EEZ) and continental shelf, particularly in relation to the West Philippine Sea.

C. ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES

This article outlines the fundamental principles governing the state and its policies. Some of the notable sections include:

Section 1: Sovereignty of the People – Sovereignty resides in the people and all government authority emanates from them.
Section 2: Renunciation of War – The Philippines renounces war as an instrument of national policy and adopts the principles of international law as part of its domestic law.
Section 6: Separation of Church and State – The separation of Church and State is inviolable.
Section 7: Independent Foreign Policy – The Philippines adopts an independent foreign policy, prioritizing national sovereignty, territorial integrity, and national interest.
Section 26: Prohibition of Political Dynasties – The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

The provisions of Article II are generally non-self-executory, meaning they require implementing legislation to be enforceable.

D. ARTICLE III: BILL OF RIGHTS

The Bill of Rights guarantees and protects civil, political, and individual rights from abuse by the government. Some of the key rights include:

Right to Life, Liberty, and Property (Section 1) – No person shall be deprived of life, liberty, or property without due process of law.
Equal Protection (Section 1) – Everyone is entitled to equal protection of the laws.
Freedom of Speech, Expression, and Press (Section 4) – The right to free speech, press, and peaceful assembly is guaranteed.
Freedom of Religion (Section 5) – The free exercise of religion is protected, and no religious test is required for the exercise of civil or political rights.
Right to Privacy (Section 3) – The right to privacy is guaranteed; unwarranted searches and seizures are prohibited without a valid search warrant.
Right to Due Process and Equal Protection (Section 14) – No person shall be held to answer for a criminal offense without due process, and everyone is entitled to a fair and impartial trial.

This Article is self-executory and can be invoked directly in courts to challenge laws or government actions.

E. ARTICLE IV: CITIZENSHIP

This article outlines the rules on who are considered Filipino citizens. It recognizes:

Natural-born citizens (those who are citizens of the Philippines from birth without the need to perform any act to acquire citizenship);
Citizens through naturalization or those who have undergone a legal process to acquire Philippine citizenship.

The provisions on dual allegiance of citizens are to be dealt with by law, as seen in the Citizenship Retention and Reacquisition Act of 2003 (R.A. 9225).

F. ARTICLE V: SUFFRAGE

Suffrage is the right to vote. Article V specifies that suffrage may be exercised by Filipino citizens, not otherwise disqualified by law, who are at least 18 years old and have resided in the Philippines for at least one year and in the place where they intend to vote for at least six months.

G. ARTICLE VI: THE LEGISLATIVE DEPARTMENT

This article vests legislative power in the Congress of the Philippines, which consists of:

The Senate, composed of 24 Senators elected at large for a term of six years, and
The House of Representatives, with members elected from legislative districts and party-list representatives for a term of three years.

The legislative power includes enacting laws, appropriating funds, conducting investigations, declaring a state of war, and confirming appointments.

Exclusive powers of the Senate include ratification of treaties.
Exclusive powers of the House include initiating all appropriation, revenue, and tariff bills.

H. ARTICLE VII: THE EXECUTIVE DEPARTMENT

The Executive power is vested in the President of the Philippines, who serves a six-year term with no re-election. The President is both the head of state and government and exercises control over all executive departments, bureaus, and offices.

Commander-in-Chief Powers – The President is the Commander-in-Chief of the Armed Forces and can call out the military to suppress lawless violence, invasion, or rebellion.
Emergency Powers – In times of national emergency, the President may be granted additional powers by Congress.
Appointments and Removals – The President appoints officials such as Cabinet members, ambassadors, and judges, with the consent of the Commission on Appointments.

The Vice President is the second-highest official and may assume the Presidency in case of vacancy or incapacitation of the President.

I. ARTICLE VIII: THE JUDICIAL DEPARTMENT

Judicial power is vested in one Supreme Court and such lower courts as may be established by law. The Supreme Court consists of one Chief Justice and fourteen Associate Justices.

Judicial Review – The judiciary has the power to declare acts of the executive and legislative branches unconstitutional.
Independence of the Judiciary – Justices enjoy security of tenure, fiscal autonomy, and protection from diminution of salaries.

J. ARTICLE IX: CONSTITUTIONAL COMMISSIONS

There are three independent Constitutional Commissions:

Civil Service Commission (CSC) – Oversees the merit-based recruitment and promotion of government employees.
Commission on Elections (COMELEC) – Administers elections and ensures electoral integrity.
Commission on Audit (COA) – Examines and audits government revenues and expenditures to ensure accountability.

K. ARTICLE X: LOCAL GOVERNMENT

Article X establishes the principle of local autonomy and the creation of autonomous regions in Muslim Mindanao and the Cordilleras. Local government units (LGUs) – provinces, cities, municipalities, and barangays – are vested with executive and legislative powers. This article also mandates decentralization, empowering LGUs to enact local laws, levy taxes, and deliver basic services.

L. ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS

Public officers are accountable to the people. This article covers the process of impeachment, which is the formal mechanism for removing high-ranking officials, including the President, Vice President, members of the Supreme Court, and constitutional commissions, for culpable violation of the Constitution, treason, bribery, graft, and other high crimes.

M. ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY

This article enshrines the nationalist and protectionist principles of the Constitution. The economy should be primarily controlled by Filipinos. Key provisions include:

Limits on foreign ownership of land and natural resources (60% Filipino ownership).
Promotion of Filipino investments and industry.
The State's regulation of monopolies and enterprises to promote general welfare.

N. ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS

The State is tasked with promoting social justice in all aspects of national development, with particular emphasis on improving the living conditions of the poor. The article provides:

Agrarian reform and land redistribution programs;
Labor rights, including just and humane working conditions and the right to form unions;
Promotion of human rights through the establishment of the Commission on Human Rights (CHR).

O. ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS

This article mandates the State to promote accessible education, develop scientific and technological progress, and foster Filipino culture and heritage. The State guarantees free and compulsory primary and secondary education and encourages the development of a national language (Filipino).

P. ARTICLE XV: THE FAMILY

The State recognizes the family as the foundation of the nation and vows to protect its sanctity. Marriage is considered an inviolable social institution.

**Q. ARTICLE

XVI: GENERAL PROVISIONS** This article covers various general provisions, including:

The Armed Forces of the Philippines, which must be professional and free from partisan politics.
The defense of the State and the maintenance of a national economy under Filipino control.

R. ARTICLE XVII: AMENDMENTS OR REVISIONS

Article XVII outlines the process for amending or revising the Constitution. Amendments may be proposed by:

Congress, upon a vote of three-fourths of its members;
A Constitutional Convention; or
By the people, through a petition signed by at least 12% of registered voters.

The proposed amendment must be ratified by a majority of voters in a plebiscite.

S. ARTICLE XVIII: TRANSITORY PROVISIONS

This article contains provisions ensuring a smooth transition from the 1973 Constitution to the 1987 Constitution. It also provides for certain temporary rules, including the continuation of existing laws and appointments.

Public International Law Aspects of the Constitution

The 1987 Constitution expressly incorporates the principles of international law into the legal system. It adopts international law as part of the law of the land and recognizes the binding nature of international obligations. Key principles include:

Adoption of the generally accepted principles of international law (Article II, Section 2);
Compliance with treaties and international agreements;
Respect for the sovereign equality of states and the renunciation of war;
Commitment to human rights and social justice on the international stage.

The Philippines also adheres to customary international law norms, such as the prohibition on genocide, war crimes, and crimes against humanity, further linking the Constitution with public international law.

This comprehensive overview encapsulates the essence and details of the 1987 Constitution, laying out the foundation for the governance of the Philippines and the fundamental rights of its people. Each provision must be understood in light of the judiciary’s role in interpreting and applying the Constitution in accordance with the rule of law.