The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas), also known as the 1987 Constitution, is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
The Constitution consists of a preamble and eighteen articles. It mandates a democratic and republican form of government and includes a bill of rights that guarantees entrenched freedoms and protections against governmental overreach. The Constitution also organizes the main branches of the Philippine government: a legislative department known as the Congress, which consists of the Senate and the House of Representatives; an executive department headed by a president; and a judicial department, which includes the Supreme Court and lower courts. It also establishes three independent constitutional commissions—Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA)—each enjoying fiscal autonomy. Other governmental bodies created under the Constitution include the Commission on Appointments (CA), the Judicial and Bar Council (JBC), the Office of the Ombudsman, and the Commission on Human Rights (CHR).
Throughout its history, the Philippines has been governed by three other constitutions: the 1935 Commonwealth Constitution, which established the current presidential system of government; the 1973 Constitution, initially reintroducing the parliamentary system but later amended to adopt a semi-presidential system; and the 1986 Freedom Constitution, briefly implemented after the People Power Revolution.
The constitution of the then-First Philippine Republic, the 1899 Malolos Constitution, which aimed to establish the first functional parliamentary republic in Asia, was never fully implemented nationwide and did not lead to international recognition, largely due to the outbreak of the Philippine–American War.
Background of the 1987 Constitution
Ruling by decree in the early months of her presidency following the 1986 People Power Revolution, President Corazon Aquino was presented with three options: restore the 1935 Constitution; retain and reform the 1973 Constitution; or pass a new constitution. She decided to have a new constitution and issued Proclamation No. 3 on March 25, 1986, abrogating many provisions in the 1973 Constitution adopted by the Marcos regime, including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and additional legislative powers for the President. Often called the "Freedom Constitution", it was intended as a transitional basic law to ensure democracy, freedom of the people, and an orderly transfer of power as the Constitutional Commission was drafting a permanent charter.
The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds, including several former members of the House of Representatives, former justices of the Supreme Court, a Catholic bishop, and political activists against the Marcos regime. Aquino appointed Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as president of the commission. Several issues were of particular contention during the commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of U.S. bases in Clark and Subic, and the integration of economic policies into the constitution. Lino Brocka, a film director and political activist who was a member of the commission, walked out before the constitution's completion, and two other delegates dissented from the final draft. The Commission finished the final draft on October 12, 1986, and presented it to Aquino on October 15. The constitution was ratified by a nationwide plebiscite on February 2, 1987.
The constitution provided for three governmental branches, namely the executive, legislative, and judicial branches. The executive branch is headed by the president and his appointed cabinet members. The executive, same with the other two co-equal branches, has limited power. This is to ensure that the country will be "safeguarded" if martial law is to be declared. The president can still declare martial law, but it expires within 60 days and Congress can either reject or extend it.
The task of the Supreme Court is to review whether a declaration of martial law is just. The legislative power consists of the Senate and the House of Representatives. There are twenty-four senators and the House is composed of district representatives. It also created opportunities for under-represented sectors of community to select their representative through party-list system. The judiciary branch comprises the Supreme Court and the lower courts. The Supreme Court is granted the power to hear any cases that deals with the constitutionality of law, about a treaty or decree of the government. It is also tasked to administrate the function of the lower courts.
Through the constitution, three independent Constitutional Commissions, namely the Civil Service Commission, Commission on Elections, and Commission on Audit, were created. These Constitutional Commissions have different functions. The constitution also paved a way for the establishment of the Office of the Ombudsman, which has a function of promoting and ensuring an ethical and lawful conduct of the government.
Offices created by the constitution
Congress of the Philippines (Art VI, Sec 1)
President of the Senate (Art VI, Sec 16)
Speaker of the House (Art VI, Sec 16)
Senate Electoral Tribunal (Art VI, Sec 17)
House of Representatives Electoral Tribunal (Art VI, Sec 17)
Commission on Appointments (Art VI, Sec 18)
President of the Philippines (Art VII, Sec 1)