THE 1987 CONSTITUTION

THE 1987 CONSTITUTION

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:

  1. Civil Service Commission (CSC) – Oversees the merit-based recruitment and promotion of government employees.
  2. Commission on Elections (COMELEC) – Administers elections and ensures electoral integrity.
  3. 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:

  1. Congress, upon a vote of three-fourths of its members;
  2. A Constitutional Convention; or
  3. 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.

Amendments and Revisions

Amendments and Revisions of the 1987 Philippine Constitution

The process of amending or revising the Philippine Constitution is a crucial aspect of Political Law. It involves procedures and mechanisms set forth within the Constitution itself. The 1987 Constitution of the Philippines provides a specific framework for amendments and revisions, particularly in Article XVII.

Here’s a detailed breakdown of what one needs to know about amendments and revisions under this section:

I. Amendment vs. Revision

While both amendment and revision pertain to changes in the Constitution, they differ in terms of scope and nature:

  • Amendment: This refers to changes that do not affect the basic structure of the Constitution. Amendments typically deal with specific provisions or sections and are intended to improve or update certain aspects of the Constitution.

  • Revision: This involves a more substantial or fundamental change to the Constitution, potentially affecting its overall framework or structure. It may encompass multiple provisions or even the entire Constitution.

II. Modes of Amending or Revising the Constitution

The 1987 Constitution provides for three modes to propose amendments or revisions:

  1. Constituent Assembly (Con-Ass)

    • This refers to Congress (the Senate and House of Representatives) acting as a constituent assembly.
    • Congress can propose amendments or revisions by a vote of three-fourths of all its members.
    • It is important to note that this does not necessarily mean a joint session; the Senate and the House may vote separately on the proposed changes.

  2. Constitutional Convention (Con-Con)

    • Congress may also call for a Constitutional Convention for the purpose of proposing amendments or revisions.
    • A Constitutional Convention is a body of delegates elected by the people, who are tasked solely with proposing changes to the Constitution.
    • Congress can either call for a Con-Con by a two-thirds vote of all its members or submit the question of whether or not to call a Con-Con to the electorate for a majority vote.

  3. People’s Initiative

    • Under Section 2, Article XVII, the Constitution allows amendments through a People's Initiative.
    • This is a process where the people can directly propose amendments to the Constitution. It requires a petition signed by at least 12% of the total number of registered voters, with each legislative district represented by at least 3% of its registered voters.
    • Note that People's Initiative can only be used for amendments, not for revisions.

III. Ratification by the People

Once the proposed amendments or revisions are finalized through any of the modes mentioned above, they must be ratified by the Filipino people. The ratification process is outlined in Section 4, Article XVII of the Constitution:

  • Proposed amendments or revisions must be submitted to the electorate for approval in a plebiscite.
  • The plebiscite must be held not earlier than 60 days nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the Commission on Elections (COMELEC) of the sufficiency of a petition for a People’s Initiative.

The proposed amendments or revisions become part of the Constitution once they are approved by a majority of votes cast in the plebiscite.

IV. Limitations on Amendments or Revisions

  1. No specific limitations on time: The 1987 Constitution does not provide for specific limitations on when amendments or revisions can be proposed, meaning these processes can occur at any time, as long as the constitutional requirements are met.

  2. Substantive limitations: There are no explicit prohibitions within the Constitution on the types of provisions that can be amended, except for the general principle that amendments should not violate fundamental rights or be inconsistent with the Constitution's general principles.

Notable Legal Issues

  • Case Law: In Lambino v. Comelec (2006), the Supreme Court struck down an attempt to amend the Constitution via People's Initiative, holding that the petition failed to meet the requirements of Article XVII, as it sought to propose revisions (involving a shift to a parliamentary system) rather than mere amendments, which the People's Initiative process cannot lawfully undertake.

  • Separate Voting in Constituent Assembly: There has been debate over whether the Senate and the House of Representatives must vote separately or jointly when convening as a Constituent Assembly. Historically, it has been interpreted that they must vote separately, though no final ruling has been made by the Supreme Court on this issue.

V. Summary of Procedures

  1. Amendments can be proposed through:

    • Constituent Assembly: Three-fourths vote of all members of Congress.
    • Constitutional Convention: Two-thirds vote of Congress to call a convention or by public referendum.
    • People’s Initiative: Petition signed by 12% of the electorate and 3% from each district (amendments only).

  2. Revisions can be proposed through:

    • Constituent Assembly: Three-fourths vote of all members of Congress.
    • Constitutional Convention: Two-thirds vote of Congress to call a convention or by public referendum.
    • People's Initiative cannot be used to propose revisions.

  3. Ratification:

    • A national plebiscite must be conducted for the people to vote on the proposed changes.
    • A majority vote in favor is required for the amendments or revisions to take effect.

Importance of Public Participation and Awareness

Since any change to the Constitution fundamentally alters the nation's highest legal document, public participation through the plebiscite ensures that the sovereign people ultimately decide on the final adoption of proposed amendments or revisions. This ensures the legitimacy of any constitutional changes and protects the democratic foundations of the Philippines.

Nature and Concept of a Constitution

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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