The Philippine

Constitutions: its Salient

Features
Over the course of Philippine history, six constitutions have
governed the country's politics and society. Each constitution
reflects the unique challenges and aspirations of its time.

by Chander Caster Ubalde

What is a Constitution?
A constitution is a fundamental set of principles and rules that
that govern a nation or an organization.

It serves as a framework for the government, providing guidelines

guidelines on the system of governance, rights and freedoms of
freedoms of citizens, and the distribution of power within the
the country.

In the case of the Philippines, the 1987 Constitution outlines the

structure of the government, the rights of the people, and the
process for amending the constitution itself.
 Importance
of Constitution
It provides a solid foundation for a nation's legal
and political systems.
It ensures stability, prevents abuse of power,
and guarantees the protection of individual
rights.
Constitution serves to establish
the separation of powers and
provide a system of checks and
balances within the government.
It also serves as a symbol of national unity and
identity, as it articulates the shared values and
aspirations of the people.

Overall, a constitution is crucial in maintaining

the rule of law and fostering a stable and
democratic society.
Historical Background of Philippine Constitutions

1 Malolos Constitution
First constitution of the
Philippines, drafted during the
1935 Philippine Constitution 2 First Philippine Republic in 1898
Established the Commonwealth
of the Philippines under
American sovereignty 3 1973 Philippine Constitution
A product of martial law era,
abolished in 1981 by President
Ferdinand Marcos. But the
1987 Philippine Constitution 4 authoritarian regime continued
The current constitution of the until he was deposed by a
Republic of the Philippines which peaceful revolution.
was the product of the world-
renowned EDSA People Power
Revolution.
Malolos Constitution
The first constitution of the Philippines, it reflected the aspirations of the Filipino
people for independence from Spanish colonial rule.

It established a republican government with a separation of powers and a bill of rights

that guaranteed civil liberties. The Malolos Constitution also laid the groundwork for a
democratic system and served as a testament to the determination of the Filipino
people to govern themselves.

The drafting of the Malolos Constitution was a significant milestone in the country's
history, as it marked the first time that the Philippines had a formally established
framework for self-governance. Despite the challenges faced during its inception, the
Malolos Constitution remains a symbol of Filipino resilience and the pursuit of national
identity.
1935 Philippine Constitution
Under American sovereignty, this constitution
established the Commonwealth of the Philippines.
The 1935 Philippine Constitution granted the
country greater autonomy and set the stage for the
Philippines' eventual transition to independence. It
implemented a presidential system of government
and outlined the rights and responsibilities of
Filipino citizens. This constitution also paved the
way for the establishment of a legislative assembly
and a Supreme Court.
War, Occupation, and Resistance

The Japanese Resistance and Changes and

Occupation Revolution Challenges
During WWII, the Philippines The liberation of the Philippines The aftermath of war and the
was occupied by Japan, and from Japan led to a resurgence social order that emerged
new constitutions were put of democracy, culminating in resulted in fresh debates
forward under its rule. the 1946 ratification of the about what kind of
1935 Constitution to herald a constitution would best serve
new republic. the needs of the Philippines in
the postwar era.
Philippine Independence

1934: A New Constitution 1935: Self-Governance 1935-1940: Years of

for a New Country Achieved Progress and Change

In 1934, the United States Congress The 1935 Constitution was ratified The first Philippine Commonwealth
passed the Philippine and came into full force and effect government took shape, cementing
Independence Act, enabling on November 15, 1935, when the the nation's status as an
Filipinos to draft a constitution for Commonwealth of the Philippines independent republic while dealing
their country for the first time. was inaugurated, with the same with new challenges brought on by
constitution to remain in force war and social unrest.
upon independence in 1946.
1973 Philippine Constitution
An era of authoritarian rule, this constitution
solidified the power of the late President Ferdinand
Marcos.

The 1973 Philippine Constitution granted President

Ferdinand Marcos extensive powers, leading to a
centralized form of governance. It abolished the
presidential term limit and allowed for the declaration
of Martial Law. This constitution also replaced the
bicameral Congress with a unicameral legislature
known as the Batasang Pambansa.
Marcos and Martial Law
1 A Time of Turmoil 2 The Marcos 3 Prosperity and
Constitution Discord
The 1970s in the
President Ferdinand The Trump era saw the
Philippines witnessed
Marcos's presidency development of a new
social unrest and political
was marked by Philippine society amid
turmoil, as financial and
numerous reforms, a mix of economic
social issues came to a
including a new growth and crimes
head.
constitution that was against human rights.
controversially
ratified in 1973.
 People Power and the 1987 Constitution

The End of an Era New Beginnings A Constitution for All

Filipinos
The 1986 People Power The drafting of the 1987 The 1987 Constitution places
Revolution ended 14 years Constitution brought the utmost importance on
of Marcos dictatorship and together individuals from national and regional
set the stage for a new different backgrounds to sovereignty, integrity, and
democratic era. create a revolutionary new stability for the prosperous
framework for government. future of the Philippines.
1987 Philippine Constitution
Promulgated after the People Power Revolution, it embodies the
aspirations and values of a democratic society.
It established a system of checks and balances to prevent the abuse of
power, including term limits for the President. The 1987 Philippine
Constitution also provided for the protection of human rights and the
promotion of social justice. It restored the bicameral Congress and
established an independent judiciary.
This constitution introduced economic provisions that aimed to protect
Filipino industries and promote national development. It also recognized
the role of local government units in governance and decentralization.
Structure and Organization
• The Constitution is divided into a
preamble and eighteen articles.
• It establishes a presidential system of
government with three branches: the
executive, legislative, and judicial branches.
• The 1987 Constitution contains three essential parts,
• the Bill of Rights
• Government Organization
• Methods of Amendment or
Constitution of Sovereignty
 ARTICLE 1 - THE NATIONAL
TERRITORY
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippine has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas.

The waters around, between, and connecting the

islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the
Philippines.
 ARTICLE II - DECLARATION OF
PRINCIPLES AND STATE POLICIES
EXAMPLE OF PRINCIPLES:

• RENUNCIATION OF WAR AS INSTRUMENT OF NATIONAL POLICY

• SUPREMACY OF CIVILIAN AUTHORITY OVER THE MILITARY
• FREEDOM FROM NUCLEAR WEAPONS POLICY
• ROLE OF YOUTH & WOMEN IN NATION-BUILDING
• AUTONOMY OF LOCAL GOVERNMENT
Separation of Church and
State
• The Constitution provides for the
separation of church and state.
• Article II, Section 6 of the Constitution
states that "The separation of Church
and State shall be inviolable."
• As a rule, the State ensures and promotes
purely political matters and shall not intervene
in the affairs of the Church. Conversely, the
Church must not regret the authority of the
State and should not likewise interfere with
the matters inherent in the political powers of
the State.
Civil Liberties and Human Rights
• The Constitution guarantees civil liberties
and human rights, such as freedom of
speech, religion, and assembly.

• Article III, Section 4 of the Constitution states

that "No law shall be passed abridging the
freedom of speech, of expression, or of the
press, or the right of the people peaceably to
assemble and petition the government for
redress of grievances."
BILL OF RIGHTS
The bill of rights in the Constitution is the article that
articulates and enlists the rights of an individual that the
government is duly bound to protect, respect, and carry out.
it includes not only his constitutional rights but also his
economic, social, cultural, and political rights for the
citizens.
ARTICLE III - Bill of Rights
SOME KEY FEATURES OF THIS ARTICLE INCLUDE:

• RIGHT TO LIFE, LIBERTY,

PROPERTY, AND DUE OF
PROCESS OF LAW

• THE CONSTITUTION GUARANTEES RIGHT TO

EXIST AND THE RIGHT TO BE FREE FROM
RESTRAINT TO MOVEMENT OR SERVITUDE.

• DUE PROCESS OF LAW MEANS EQUAL • RIGHT AGAINST UNREASONABLE SEARCHES,

PROTECTION OF THE LAW GUARANTEED SEIZURE, AND UNLAWFUL ARREST
TO ALL ITS CITIZEN REGARDLESS OF THEIR
CLASS, COLOR OF SKIN, OR POSITION IN
SOCIETY. • A WARRANT ARREST TO BE VALID REQUIRES SOME
DEGREE OF REQUISITES THAT THE WARRANT
• PRESUMPTION OF INNOCENCE IS BEING ISSUED TO A PERSON SHOULD BE
PROTECTED BY THE CONSTITUTION REASONABLE, JUST AND LEGAL.
 CONT….. ARTICLE III - Bill of Rights
• RIGHT TO PRIVACY
• General Rule: The privacy of
communication and correspondence
shall be inviolable except upon lawful
order of the court. Evidence obtained in
violation of this shall be inadmissible in
court.
• FREEDOM OF SPEECH, OF
EXPRESSION, AND OF THE PRESS
• Freedom of speech is the liberty of a person • RIGHT AGAINST SELF-INCRIMINATION
to speak out his mind freely on any subject, (RIGHT TO REMAIN SILENT), RIGHT TO
without any previous restraint provided that REFUSE TO ANSWER ANY QUESTION. HIS
he should be responsible for its injurious SILENCE MAY NOT BE USED AGAINST HIM.
consequence.
• RIGHT TO COMPETENT AND
• This means that the liberty should be INDEPENDENT COUNSEL.
exercised with caution, and just within the
parameters of the law so as to protect the • NON-IMPRISONMENT FOR DEBTS
rights of another as well. • DEBT IS, UNDER THE LAW, A CIVIL OBLIGATION, NOT A
CRIMINAL LIABILITY UNLESS IT INVOLVES FRAUD AND
• Non-imprisonment for political belief DECEIT.
alone.
 ARTICLE IV
CITIZENSHIP
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching
the age of majority; and
[4] Those who are naturalized in accordance with law.
PHILIPPINE CITIZENSHIP
MODES OF ACQUIRING CITIZENSHIP

[Link] BIRTH
1. Jus sanguinis (right of blood)
2. Jus soli (right of soil/right of territory)

[Link] NATURALIZATION
[Link] MARRIAGE
[Link] REPATRIATION
 ARTICLE V
Suffrage
Section 1. Suffrage may be exercised by
all citizens of the Philippines not
otherwise disqualified by law, who are at
least eighteen years of age, and who
shall have resided in the Philippines for
at least one year, and in the place
wherein they propose to vote, for at
least six months immediately preceding
the election. No literacy, property, or
other substantive requirement shall be
imposed on the exercise of suffrage.
 ARTICLE VI
LEGISLATIVE
DEPARTMENT
• 24 SENATORS
• MUST BE A NATURAL-BORN FILIPINO
• AT LEAST THIRTY-FIVE YEARS OF AGE
• ABLE TO READ AND WRITE, A REGISTERED VOTER
• A RESIDENT OF THE PHILIPPINES FOR NOT LESS
THAN TWO YEARS
• 6 YEARS TERM OF OFFICE, CANNOT SERVE MORE
THAN TWO CONSECUTIVE TERMS
• ELECTED FROM LEGISLATIVE DISTRICTS APPORTIONED
AMONG THE PROVINCES, CITIES, AND METRO MANILA AEA
• MUST BE A NATURAL-BORN FILIPINO
• AT LEAST TWENTY-FIVE YEARS OF AGE
• ABLE TO READ AND WRITE
• A REGISTERED VOTER IN THE DISTRICT IN WHICH HE/SHE SHALL BE
ELECTED
• A RESIDENT OF THE DISTRICT FOR NOT LESS THAN ONE YEAR
• 3 YEARS TERM OF OFFICE, CANNOT SERVE MORE THEN 3 CONSECUTIVE
TERMS
 ARTICLE VII
THE EXECUTIVE DEPARTMENT

Executive power is the authority to enforce orders and to ensure they are
carried out as intended.
The executive power shall be vested in the President of the Philippines.

The Executive Department is composed of the President, Vice-President,

Cabinet Secretaries, the Armed Forces, and the Local Government Units.
 PRESIDENT VICE-PRESIDENT

• natural-born citizen, a registered voter, able to read • natural-born citizen, a registered voter, able to read and
and write write
• at least forty years of age on the day of the election, • at least forty years of age on the day of the election, six
six years term years term
• a resident of the Philippines for at least ten years • a resident of the Philippines for at least ten years
• not be eligible for any re-election • No Vice-President shall serve for more than two
• Head of state and of the government, commander- successive terms
in-chief of the armed forces • In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President
shall become the President to serve the unexpired term.
 ARTICLE VIII – JUDICIAL DEPARTMENT
• The Supreme Court
• The judicial shall have
power shall be administrative
vested in one supervision over all
Supreme Court courts and the
and in such lower personnel thereof.
courts as may be
established by • Must be at least 40
law. years old, natural born
• The Judiciary shall citizen, must be a
enjoy fiscal lower court judge for
autonomy fifteen years or more
or engaged in the
practice of law in the
• The Supreme Court shall be composed of a
Philippines.
Chief Justice and fourteen Associate Justices
ARTICLE XIII SOCIAL JUSTICE
AND HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right
of all the people to human dignity, reduce social, economic,
and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the
common good.

To this end, the State shall regulate the acquisition,

ownership, use, and disposition of property
and its increments.

Section 2. The promotion of social justice shall include the

commitment to create economic opportunities based on
freedom of initiative and self-reliance.
Autonomous Region in Muslim
Mindanao
• The Constitution provides for the creation of an
autonomous region in Muslim Mindanao.

• Article X, Section 15 of the Constitution states that "There

shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces,
cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage,
economic and social structures, and other relevant
characteristics within the framework of this Constitution
and the national sovereignty as well as territorial integrity
of the Republic of the Philippines."