Political Law and Public International Law

I. The 1987 Constitution of the Republic of the Philippines

A. Nature and Concept of a Constitution

1. Definition of a Constitution

A Constitution is the fundamental and supreme law of the land. It establishes the framework for the organization of the government, defines its powers and duties, and outlines the rights of the people. It is the source of authority from which all laws and executive actions must derive their legality and legitimacy.

In the Philippines, the 1987 Constitution is the current Constitution, which was ratified by the Filipino people in a plebiscite held on February 2, 1987. It replaced the 1973 Constitution and was drafted in response to the end of Martial Law under Ferdinand Marcos.

2. Classifications of Constitutions

Constitutions can be classified in various ways, and these classifications are relevant in understanding the nature of the 1987 Philippine Constitution:

Written vs. Unwritten Constitution:
- A written constitution is codified in a formal document (e.g., the 1987 Philippine Constitution), whereas an unwritten constitution relies on customs, judicial decisions, and legal precedents.
Rigid vs. Flexible Constitution:
- A rigid constitution is one that requires a special procedure for amendment (e.g., the 1987 Constitution), while a flexible constitution can be amended through ordinary legislative action.
Constitutional vs. Statutory Law:
- Constitutional law governs the structure and powers of government, whereas statutory laws are laws passed by the legislature within the framework of the Constitution.

3. Purpose and Functions of a Constitution

The Constitution serves the following primary functions:

Establishment of Government Structure: It creates the framework of government by dividing it into three branches:
- Legislative: Enacts laws.
- Executive: Implements laws.
- Judiciary: Interprets laws.
Distribution of Powers: The Constitution allocates powers among the different branches of government (legislative, executive, and judicial) and establishes a system of checks and balances to prevent abuse of power.
Limitation of Government Power: The Constitution places limits on governmental powers to protect individual rights and liberties. In the Philippine context, the Bill of Rights (Article III of the 1987 Constitution) is a key feature.
Expression of National Ideals and Aspirations: It reflects the fundamental principles and aspirations of the nation, such as the promotion of democracy, social justice, and human rights.

4. Supremacy of the Constitution

The Constitution is supreme, meaning it takes precedence over all other laws, policies, and governmental acts. Any law or executive act that is inconsistent with the Constitution is void. This principle of constitutional supremacy is enshrined in Article II, Section 1, which states that sovereignty resides in the people and all government authority emanates from them.

Moreover, under Article VIII, Section 5(2)(a), the Supreme Court has the power of judicial review, which allows it to declare acts of the government (laws, executive orders, or even treaties) unconstitutional.

5. Amendment and Revision of the Constitution

The 1987 Constitution provides for its amendment or revision in Article XVII:

Amendment refers to a change that is specific and limited, while revision implies a more comprehensive or substantial alteration.
The Constitution may be amended or revised by:
- Congress, through a vote of three-fourths of all its Members, or
- A Constitutional Convention, or
- People’s Initiative, where a petition signed by at least 12% of the total registered voters nationwide is required, with at least 3% of voters in every legislative district.

Once a proposed amendment or revision is approved by the appropriate body, it must be ratified by a majority of votes cast in a national referendum.

6. Fundamental Principles of the 1987 Constitution

The following principles are foundational to the 1987 Constitution:

Republicanism: The Philippines adopts a republican form of government, where sovereignty resides in the people, and public officials are accountable to them. This is emphasized in Article II, Section 1 of the Constitution.
Democracy: The Constitution upholds democratic ideals, allowing for the participation of citizens in governance, including through elections and referendums.
Separation of Powers: The Constitution provides for the separation of powers among the legislative, executive, and judicial branches to prevent the concentration of authority.
Checks and Balances: Each branch of government has the ability to check the actions of the other branches, ensuring no one branch becomes too powerful.
Rule of Law: The Constitution upholds the principle that laws govern the nation, and no person or institution is above the law.
Social Justice and Human Rights: The Constitution emphasizes the promotion of social justice and human rights, particularly in Articles II and III (Declaration of Principles and Bill of Rights).
Autonomy of Local Governments: The Constitution guarantees the autonomy of local government units, allowing them to govern their own affairs to a certain extent, within the framework set by the national government (Article X).

7. Entrenchment of Human Rights

The Constitution is deeply committed to the protection of human rights. Article III, or the Bill of Rights, outlines the civil and political rights of individuals, including:

The right to life, liberty, and property (Section 1).
Freedom of speech, expression, and the press (Section 4).
The right to due process and equal protection under the law (Sections 1, 14).
The right to privacy (Section 3).
The right against unreasonable searches and seizures (Section 2).

These rights are fundamental and are protected from government encroachment.

Conclusion

The 1987 Constitution is the fundamental law of the Philippines. It establishes the government’s structure, defines the relationship between the state and its citizens, and serves as the supreme legal authority. Its supremacy, commitment to democratic principles, respect for human rights, and mechanisms for amendment ensure its adaptability and relevance to the nation’s evolving needs.