The 1987 Philippine Constitution is the cornerstone of the Republic of the Philippines’ legal and governmental framework. Enacted after the 1986 People Power Revolution, it represents a return to democratic rule following the end of the Marcos dictatorship. More than just a legal document, the Constitution enshrines the fundamental rights and freedoms of every Filipino citizen and outlines the structure, roles, and powers of the three main branches of government. Understanding this Constitution is crucial not only for legal professionals and public servants but for every Filipino who values democratic governance and national sovereignty.
Historical Background of the 1987 Constitution
The 1987 Philippine Constitution was ratified on February 2, 1987, after the downfall of President Ferdinand Marcos. The country had experienced two previous constitutions before this: the 1935 Constitution, which was established during the Commonwealth era, and the 1973 Constitution, which was created under Martial Law. After the Marcos regime was ousted, President Corazon Aquino issued Proclamation No. 3, also known as the ‘Freedom Constitution,’ which temporarily replaced the 1973 Constitution and paved the way for the creation of a new Charter. A Constitutional Commission was formed to draft what would become the 1987 Constitution, aiming to restore democracy and ensure the protection of civil liberties.
Key Principles and Values
The 1987 Constitution is based on several foundational principles that reflect the aspirations of the Filipino people. These include:
- Democracy and Republicanism– The government is established as a democratic and republican state, where sovereignty resides in the people.
- Rule of Law– The Constitution emphasizes that laws must govern the nation, and no individual is above the law.
- Social Justice and Human Rights– It commits the state to uphold the dignity of every person and promote social justice in all phases of development.
- Checks and Balances– It ensures separation of powers among the Executive, Legislative, and Judicial branches to prevent the concentration of power.
Structure of Government
Executive Branch
The President of the Philippines is the head of state and government and exercises executive power. The President is elected by the people and serves a six-year term without re-election. The Vice President is elected separately and may be from a different political party. The President appoints members of the Cabinet who assist in the administration of the government.
Legislative Branch
The legislative power is vested in the Congress of the Philippines, which is bicameral in structure. It consists of the Senate and the House of Representatives. The Senate has 24 members elected at-large, while the House is composed of district and party-list representatives. The legislature enacts laws, approves the budget, and exercises oversight over the executive branch.
Judicial Branch
Judicial power is vested in the Supreme Court and lower courts established by law. The judiciary interprets laws and ensures justice is administered. The Supreme Court is the highest judicial body and acts as the final arbiter of constitutional issues. Judicial independence is a key feature protected by the Constitution.
Bill of Rights
One of the most important parts of the 1987 Constitution is the Bill of Rights, which guarantees civil liberties and freedoms. Among the rights protected are:
- The right to due process and equal protection under the law
- Freedom of speech, expression, and the press
- Freedom of religion and the right to freely exercise it
- Freedom of assembly and association
- The right against unlawful searches and seizures
- Protection against torture and cruel punishment
These rights ensure that the government respects and protects the dignity and autonomy of each person.
Social Justice and Human Rights
The 1987 Constitution places great emphasis on promoting social justice in all sectors of society. It mandates the State to provide equitable access to opportunities, eliminate poverty, and reduce inequality. Several topics are dedicated to ensuring the rights of laborers, farmers, urban poor, women, children, indigenous peoples, and other vulnerable groups. Additionally, the Constitution created the Commission on Human Rights, an independent body tasked with investigating violations of civil and political rights.
Autonomous Regions and Local Government
The Constitution allows for the creation of autonomous regions in Muslim Mindanao and the Cordilleras to recognize their distinct history and culture. It also mandates a system of decentralization to empower local governments. Local autonomy enables provinces, cities, municipalities, and barangays to manage their own affairs and resources, as specified in the Local Government Code.
Constitutional Commissions
To ensure transparency and accountability in governance, the Constitution establishes three independent Constitutional Commissions:
- Commission on Elections (COMELEC)– Oversees the conduct of elections, plebiscites, referenda, and recalls.
- Commission on Audit (COA)– Examines the use of public funds and ensures that expenditures are lawful and efficient.
- Civil Service Commission (CSC)– Promotes meritocracy and professionalism in the civil service system.
Amendments and Revisions
The Constitution may be amended or revised through various methods outlined in topic XVII. These include:
- Constitutional Convention – Delegates are elected or appointed to propose amendments.
- Constituent Assembly – Congress proposes amendments by a three-fourths vote of all its members.
- People’s Initiative – At least 12% of registered voters, with every legislative district represented by at least 3%, may directly propose changes.
All amendments must be ratified by a majority vote in a national plebiscite.
Impact and Continuing Relevance
The 1987 Constitution continues to play a vital role in Philippine democracy. It has empowered citizens to assert their rights, compelled government officials to operate within legal bounds, and served as a bulwark against tyranny. However, discussions about potential amendments and revisions have remained part of national discourse, especially concerning issues like economic liberalization, federalism, and political reforms.
Understanding the 1987 Philippine Constitution is essential for anyone interested in governance, law, and civil society in the Philippines. As a living document, it reflects the collective will and aspirations of the Filipino people. While it is not without its critics, the Constitution remains a powerful symbol of democracy, freedom, and the rule of law. As the Philippines continues to evolve socially, politically, and economically, the relevance of its Constitution endures as a guide for just and equitable nation-building.