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The Constitution of the Philippines (
Filipino Filipino may refer to: * Something from or related to the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the Philippines ( fil, Republika ng Pilipinas), * bik, Republika kan Filipinas * ceb, ...
: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'',
Spanish Spanish may refer to: * Items from or related to Spain: **Spaniards, a nation and ethnic group indigenous to Spain **Spanish language **Spanish cuisine Other places * Spanish, Ontario, Canada * Spanish River (disambiguation), the name of several ...

Spanish
: ''Constitución de la República de Filipinas'') is the
constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

constitution
or supreme law of the Republic of the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...

Philippines
. Its final draft was completed by the
Constitutional Commission Many entities have been called a Constitutional Commission with the general purpose of reviewing a constitution A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity ...
on October 12, 1986, and was ratified by a nationwide plebiscite on February 2, 1987. Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The earliest constitution establishing a "Philippine Republic", the 1899
Malolos Constitution The Political Constitution of 1899 ( es, Constitución Política de 1899), informally known as the Malolos Constitution, was the constitution of the First Philippine Republic. It was written by Felipe Calderón y Roca and Felipe Buencamino as a ...
, was never fully implemented throughout the Philippines and did not establish a state that was internationally recognized, due in great part to the eruption of the Philippine–American War following its adoption.


Background of the 1987 Constitution

Ruling by decree during the early months of her tenure as a president installed via the
People Power Revolution The People Power Revolution, also known as the EDSA Revolution or the February Revolution, was a series of popular demonstrations in the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the ...
, President
Corazon Aquino Maria Corazon "Cory" Sumulong Cojuangco Aquino (, 25 January 1933 – 1 August 2009) was a Filipina Filipinos ( fil, Mga Pilipino; Baybayin: ᜋᜅ ᜉᜒᜎᜒᜉᜒᜈᜓ) are the people who are native to or citizens of the country of ...
was granted three options: restore the 1935 Constitution, retain and make reforms to the 1973 Constitution, or pass a new constitution. She decided to draft a new constitution and issued Proclamation No. 3 on March 25, 1986, abrogating many of the provisions of the 1973 Constitution adopted during the Marcos regime, including the
unicameral legislature In government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, Executiv ...
(the
Batasang Pambansa The Batasang Pambansa ( en, National Assembly; ; often referred to simply as the Batasan) was the former parliament In modern politics and history, a parliament is a legislature, legislative body of government. Generally, a modern par ...
), the office of
Prime Minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpar ...
, and provisions which gave the President legislative powers. Often called the "Freedom Constitution", this constitution was intended as a transitional constitution to ensure democracy and the freedom of the people. The Freedom Constitution provided for an orderly transfer of power while a
Constitutional Commission Many entities have been called a Constitutional Commission with the general purpose of reviewing a constitution A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity ...
was drafting a permanent constitution. The Constitutional Commission was composed of forty-eight members appointed by Aquino from varied backgrounds, including several former members of the
House of Representatives House of Representatives is the name of legislative bodies A legislature is a deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure is ...
, former justices of the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

Supreme Court
, a Roman Catholic bishop, and political activists against the Marcos regime. Aquino appointed
Cecilia Muñoz-Palma Cecilia Muñoz-Palma (November 22, 1913 – January 2, 2006) was a Filipino Filipino may refer to: * Something from or related to the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the Philip ...
, a former Associate Justice of the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

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 Clark is an English language surname, ultimately derived from the Latin language, Latin with historical links to England and Ireland ''clericus'' meaning "scribe", "secretary" or a scholar within a religious order, referring to someone who was educ ...
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 8, 1987. The constitution provided for three governmental branches, namely the
executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, a senior management role in an organization ** Chief exec ...
,
legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure i ...
, 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.


Attempts to amend or change the 1987 Constitution

There are three possible methods by which the
Constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

Constitution
can be amended: a
Constituent assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution A constitution is an aggregate of fundamental ...

Constituent assembly
(Con-Ass), Constitutional Convention (Con-Con), or
People's Initiative People's Initiative (or "PI") is a common appellative in the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the Philippines ( fil, Republika ng Pilipinas), * bik, Republika kan Filipinas * ce ...
. All three methods require
ratification Ratification is a principal Principal may refer to: Title or rank * Principal (academia) The principal is the chief executive and the chief academic officer of a university A university ( la, universitas, 'a whole') is an educational insti ...

ratification
by majority vote in a national
referendum A referendum (plural: referendums or less commonly referenda) is a direct DIRECT was a late-2000s proposed alternative super heavy lift launch vehicle A super heavy-lift launch vehicle (SHLLV) is a launch vehicle capable of lifting more than ...

referendum
. Following the administration of
Corazon Aquino Maria Corazon "Cory" Sumulong Cojuangco Aquino (, 25 January 1933 – 1 August 2009) was a Filipina Filipinos ( fil, Mga Pilipino; Baybayin: ᜋᜅ ᜉᜒᜎᜒᜉᜒᜈᜓ) are the people who are native to or citizens of the country of ...
, succeeding administrations made several attempts to amend or change the 1987 Constitution. The first attempt was in 1995. A constitution was drafted by then-Secretary of
National Security Council#REDIRECT National security council A National Security Council (NSC) is usually an executive branch The executive is the branch of government exercising authority in and holding Moral responsibility, responsibility for the governance of a State ...
Jose Almonte, but was never completed because it was exposed to the media by different non-government organizations. They saw through a potential change regarding the protection of the people's interests in the constitutional draft. In 1997, the Pedrosa couple created a group called PIRMA followed with an attempt to change the constitution through a People's Initiative by way of gathering signatures from voters. Many prominent figures opposed the proposition, including Senator
Miriam Defensor-Santiago
Miriam Defensor-Santiago
, who brought the issue all the way to the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

Supreme Court
and eventually won the case. The Supreme Court ruled that the initiative not continue, stating that a People's Initiative requires an enabling law for it to push through. During his presidency,
Joseph Ejercito Estrada Joseph Ejercito Estrada (, born José Marcelo Ejército; April 19, 1937), also known by the nickname Erap, is a Filipino politician and former actor who served as the 13th president of the Philippines The president of the Philippines ( f ...

Joseph Ejercito Estrada
created a study commission for a possible charter change regarding the economic and judiciary provisions of the constitution. The attempt never attained its purpose after various entities opposed it due apparently to the attempt serving the personal interests of the initiators. After the Estrada presidency, the administration of
Gloria Macapagal-Arroyo Maria Gloria Macaraeg Macapagal Arroyo (, born April 5, 1947), often referred to by her initials GMA, is a academic and politician who served as the from 2001 until 2010. She is the longest serving President of the Philippines since . Before ...

Gloria Macapagal-Arroyo
endorsed constitutional changes via a Constitutional Assembly, with then-House Speaker
Jose de Venecia Jose Claveria de Venecia Jr. (), also known as JDV, Joe De V or Mikey-Mikey (born December 26, 1936), is a former Speaker of the House of Representatives of the Philippines The House of Representatives of the Philippines ( fil, Kapulungan ng m ...
leading the way. However, due to political controversies surrounding Arroyo's administration, including the possibility of term extension, the proposal was rejected by the Supreme Court. The next attempt was from then-Speaker of the House
Feliciano Belmonte JrFeliciano may refer to: People *Feliciano (name), including a list of people with the name Places

*San José de Feliciano, Argentine city *Feliciano River, river in Argentina *Estadio Feliciano Gambarte, stadium in Argentina *Dom Feliciano, m ...
. during President
Benigno Aquino III Benigno Simeon Cojuangco Aquino IIIQuezon, Manuel L.. (June 19, 2010Trivia on Aquino and Binay ABS-CBN News. Retrieved on January 23, 2012. (, born February 8, 1960), also known as "PNoy" or "Noynoy", is a politician who served as the from ...
's administration. Belmonte attempted to introduce amendments to the Constitution focusing on economic provisions aiming toward liberalization. The effort did not succeed. President
Rodrigo Roa Duterte Rodrigo Roa Duterte ( ; born March 28, 1945), also known as Digong and Rody, is a Filipino politician who is the current president of the Philippines The president of the Philippines ( fil, Pangulo ng Pilipinas, informally referred to ...

Rodrigo Roa Duterte
oversaw the possibility of implementing federalism on the country. Following his ascension as president after the
2016 presidential election This national electoral calendar for 2016 lists the national/Federation, federal direct elections that were held in 2016 in all List of sovereign states, sovereign states and their Dependent territory, dependent territories. By-elections are ex ...
, he signed Executive Order No. 10 on December 7, 2016, creating the Consultative Committee to Review the 1987 Constitution.


Structure and contents

The preamble and eighteen self-contained articles with a section numbering that resets for every article.


Preamble

The preamble introduces the constitution and the source of sovereignty, the people. It follows the pattern in past constitutions, including an appeal to God. The preamble reads:


Article I – National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines 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

Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government. Some essential provisions are: * The Philippines is a democratic republic * Renunciation of war as a form of national policy * Supremacy of civilian over military authority * Separation of church and state (inviolable) * Pursuit of an independent foreign policy * Abrogation of nuclear weaponry * Family as the basic unit of the state * Role of youth and women in nation-building * Autonomy of local governments * Equal opportunity for public services and the prohibition of political dynasties


Article III – Bill of Rights

Article III enumerates specific protections against the abuse of state power, most of which are similar to the provisions of the U.S. Constitution. Some essential provisions are: * a right to due process and equal protection of law * a right against
searches and seizures Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's ...
without a warrant issued by a judge * a
right to privacy The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy Privacy is the ability of an individual or group to seclude themselves or information about themselves, and ...
* The right to freedom of speech and expression,
freedom of the press Freedom, generally, is having the ability to act or change without constraint. Something is "free" if it can change easily and is not constrained in its present state. In philosophy and religion, it is associated with having free will and being w ...
,
freedom of assembly Janitorial workers striking in front of the MTV building in Santa Monica, California">Santa Monica Santa Monica () is a beachfront city in western Los Angeles County, California Los Angeles County, officially the County of Los Angeles, i ...
, and the
right to petition The right to petition government for redress of grievances is the right Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of ...
* The free exercise of religion * a
right of abode The right of abode is an individual's freedom from immigration control in a particular country A country is a distinct territory, territorial body or political entity. It is often referred to as the land of an individual's birth, residence o ...
and the right to travel * a
right to information Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of information act of 2002 (India), Freedom of Information Act, 2002 ...
on matters of public concern * a right to form associations * a right of free access to courts * the
right to remain silent Rights are legal Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is describe ...
and to have competent
legal counsel A lawyer or attorney is a person who practices law, as an advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English la ...
* a right to bail and against excessive bail conditions * a right to ''
habeas corpus (; from Medieval Latin Medieval Latin was the form of Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, ...
'' * the right to a speedy trial * the
right against self-incrimination The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world' ...
* the right to political beliefs and aspirations * a prohibition against cruel, degrading, or inhuman punishment * protection providing for no
imprisonment for debt A debtors' prison is a prison for Natural person, people who are unable to pay debt. Through the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.Cory, L ...
* the right against
double jeopardy Double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being Trial, tried again on the same (or similar) charges following an acquittal in the same jurisdiction. A variation in Civ ...
* prohibition of
ex post facto law An ''ex post facto'' law (from ) is a law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced ...
s and
bills of attainder A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of persons, guilty of some crime, and punishing them, often without a trial. As with attai ...
. Similar to U.S. jurisprudence and other common law jurisdictions, the scope and limitations of these rights have largely been determined by the Supreme Court through case law.


Article IV – Citizenship

Article IV defines the citizenship of Filipinos. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. Natural-born citizens are those who are citizens from birth without having to perform any act to acquire or perfect Philippine citizenship. The Philippines follows a ''
jus sanguinis ( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of th ...
'' system where citizenship is mainly acquired through a blood relationship with Filipino citizens. Natural-born citizenship forms an important part of the political system as only natural-born Filipinos are eligible to hold high offices, including all elective offices beginning with a representative in the House of Representatives up to the President.


Article V – Suffrage

Article V mandates various age and residence qualifications to vote and a system of secret ballots and absentee voting. It also mandates a procedure for overseas and disabled and illiterate Filipinos to vote.


Article VI – Legislative Department

Article VI provides for a bicameral legislature called the Congress composed of the Senate and the House of Representatives. It vests upon Congress, among others, the power of investigation and inquiry in aid of legislation, the power to declare the existence of a state of war, the power of the purse, the power of taxation, and the power of eminent domain.


Article VII – Executive Department

Article VII provides for a presidential form of government where the executive power is vested on the President. It provides for the qualification, terms of office, election, and power and functions of the President. It also provides for a vice president and for the presidential line of succession.


Article VIII – Judicial Department

Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be established by law (by Congress). While the power to appoint justices and judges still reside with the President, the President from a list of at least three nominees prepared by the
Judicial and Bar Council The Judicial and Bar Council (JBC; fil, Sangguniang Panghukuman at Pang-abogasya) of the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the Philippines ( fil, Republika ng Pilipinas), * bik, ...
for every vacancy, a body composed of the Chief Justice of the Supreme Court, the
Secretary of Justice
Secretary of Justice
, the Chairs of the Senate and House Committees on Justice, and representatives from the legal profession.


Article IX – Constitutional Commissions

Article IX establishes three constitutional commissions, which are governmental bodies that are independent of the three main branches of government. These are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.


Article X – Local Government

Article X pursues for local autonomy and mandates Congress to enact a law for the local government, now currently the
Local Government Code Codification of laws is a common practice in the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the Philippines ( fil, Republika ng Pilipinas), * bik, Republika kan Filipinas * ceb, Republik ...
.


Article XI – Accountability of Public Officers

Article XI establishes the Office of the Ombudsman which is responsible for investigating and prosecuting government officials. It also vests upon the Congress the power to impeach the President, the Vice President, members of the Supreme Court, and the Ombudsman.


Article XII – National Economy and Patrimony

Article XII lays down the goals and objectives of the Philippine government in terms of wealth distribution, division of goods and services and to offer job opportunities to elevate the lives of Filipino people. This section also provides important provisions such as: * Promote effective industrialization and aim for a full employment of its people * All natural resources within the Philippine territory shall be owned by the State * Protect the rights of the indigenous cultural communities * Businesses, organizations and other institutions shall be subject to the intervention of the State


Article XIII – Social Justice and Human Rights

Article XIII divulge the utmost responsibility of the Congress to give the highest priority in enactments of such measures which protects and enhances the rights of all the people to human dignity through affirming that present social, economic and political inequalities as well as cultural inequities among the elites and the poor shall be reduced or removed in order to secure equitable welfare and common good among Filipino people. It also establishes the role of the Commission on Human Rights which ensures appropriate legal measures for the protection of human rights of all the persons within the Philippines as well as Filipinos residing abroad. Moreover, this section also lays down salient provisions such as: * Protection of labor, be it local or overseas in order to promote full employment and equal opportunities for all. * Protection of the rights and giving of support to independent Filipino farmers and fishermen among local communities for the utilization of their resources without foreign intrusion, together with the provision and application of Agrarian and Natural Resources Reform for the development of the lives of the people. * Securing of the lives among the underprivileged citizens through Urban Land Reforms and Housing. * Adoption and integration of affordable and competent medical care and health services for the welfare of every Filipino people. * Recognition of the rights of women in workplace for the realization of their full potential in providing service to its nation. * Recognition of the role and the rights of people's organizations.


Article XIV – Education, Science and Technology, Arts, Culture and Sports

*The State shall exercise reasonable supervision and regulation of all educational institutions, whether public or private. * The guiding principle on education in general shall be the protection and promotion of the right of all citizens to quality education at all levels as well as taking appropriate steps to make education accessible to all. *The subject of science and technology was given special attention through the formulation of several provisions on development and research incentives. *The arts and letters remain under the patronage of the State which must be concerned in the protection and enrichment of our culture. *For the first time, the subject of sports is given a specific section. The citizenry should not only be mentally and morally strong but must also be physically strong.


Article XV – The Family

Article XV establishes the recognition of the state on the Filipino family as the basic foundation of the nation as it shall reinforce and bolster its solidarity and steadily promote its development. Alongside with this, it also states important provisions such as: * Protection of marriage by the state as it is recognized as the foundation of the family and is an inviolable institution. * Provision of policies and programs subject to every Filipino family assuring the people's welfare and social security. * Protection of the rights of spouses with responsible parenthood to found a family in accordance with their religious convictions. * Recognition and protection of the rights of every Filipino child.


Article XVI – General Provisions

Article XVI contains several general provisions, such as a general description of the
national flag A national flag is a flag A flag is a piece of fabric A textile is a flexible material made by creating an interlocking network of yarn Yarn is a long continuous length of interlocked fibres, suitable for use in the production o ...

national flag
, the establishment of the
Armed Forces of the Philippines The Armed Forces of the Philippines (AFP) ( fil, Sandatahang Lakas ng Pilipinas; es, Fuerzas Armadas de Filipinas) are the military forces of the Philippines. It consists of the three main service branches; the Philippine Army, Army, the Philip ...
and a police force (presently the
Philippine National Police The Philippine National Police ( fil, Pambansang Pulisya ng Pilipinas, acronymed as PNP) is the armed national police force in the Philippines. Its national headquarters is located at Camp Crame Camp Rafael T. Crame () is the national headquar ...
), the regulation of
mass media Mass media refers to a diverse array of media Media may refer to: Physical means Communication * Media (communication), tools used to deliver information or data ** Advertising media, various media, content, buying and placement fo ...
and advertising industries, the doctrine of
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments ca ...
, and others.


Article XVII – Amendments or Revisions

Article XVII establishes the methods by which the Constitution may be amended or revised. Amendments may be proposed by either: a) a three-fourths vote of all Members of Congress (called a
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution A constitution is an aggregate of fundamental ...
), b) a Constitutional Convention, or c) a petition of at least twelve percent of all registered voters, and at least three percent of registered voters within each district (called a
People's Initiative People's Initiative (or "PI") is a common appellative in the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the Philippines ( fil, Republika ng Pilipinas), * bik, Republika kan Filipinas * ce ...
). All amendments must be ratified in a national
referendum A referendum (plural: referendums or less commonly referenda) is a direct DIRECT was a late-2000s proposed alternative super heavy lift launch vehicle A super heavy-lift launch vehicle (SHLLV) is a launch vehicle capable of lifting more than ...

referendum
.


Article XVIII – Transitory Provisions

Article XVIII establishes provisions to allow a clean transition from the preceding provisional constitution to the new Constitution. This includes provisions for directing the elections of the first members of the new Congress and of the President and the Vice President, specifying the current courts and the term limits of judges, specifying the initial salary for key members of government, mandating the newly elected Congress to pass laws to fulfill obligations set by these transitory provisions, and defining grace periods and limitations for previous treaties, laws, orders, and other instruments. This article also establishes that the new Constitution will take effect when ratified by a majority of votes in a plebiscite.


Other provisions

The Constitution also contains several other provisions enumerating various state policies including, i.e., the affirmation of
labor Labour or labor may refer to: * , the delivery of a baby * , or work ** , physical work ** , a socioeconomic relationship between a worker and an employer Literature * , an American quarterly on the history of the labor movement * ', an academic ...
"as a primary social economic force" (Section 14, Article II); the equal protection of "the life of the mother and the life of the unborn from conception" (Section 12, Article II); the "Filipino family as the foundation of the nation" (Article XV, Section 1); the recognition of
Filipino Filipino may refer to: * Something from or related to the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the Philippines ( fil, Republika ng Pilipinas), * bik, Republika kan Filipinas * ceb, ...
as "the national language of the Philippines" (Section 6, Article XIV), and even a requirement that "all educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors." (Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court. The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections. But in another case, the Court held that a provision requiring that the State "protect and advance the right of the people to a balanced and healthful ecology" did not require implementing legislation to become the source of operative rights.


Historical development


The 1897 Constitution of Biak-na-Bato

The
Katipunan The Katipunan, officially known as the Kataastaasan, Kagalanggalangang Katipunan ng mga Anak ng Bayan (KKK; en, Supreme and Venerable Association of the Children of the Nation; es, Suprema y Venerable Asociación de los Hijos del Pueblo), was ...
's revolution led to the
Tejeros Convention The Tejeros Convention (alternate names include Tejeros Assembly and Tejeros Congress) was the meeting held on March 22, 1897 between the ''Magdiwang'' and ''Magdalo'' factions of the Katipunan at San Francisco de Malabon (now General Trias. I ...

Tejeros Convention
where, at San Francisco de Malabón,
Cavite , officially the Province of ( tl, Lalawigan ng Kabite; Chabacano: ''Provincia de Cavite''), is a Provinces of the Philippines, province in the Philippines located in the Calabarzon Regions of the Philippines, region in Luzon. Located on the ...

Cavite
, on March 22, 1897, the first presidential and vice presidential elections in Philippine history were held—although only ''Katipuneros'' (''
viz. The abbreviation ''viz.'' (or ''viz'' without a full stop) is short for the Latin , which itself is a contraction of the Latin phrase ''videre licet'', meaning "it is permitted to see". It is used as a synonym for "namely", "that is to say", "to ...
'' members of the Katipunan) were able to take part, and not the general populace. A later meeting of the revolutionary government established there, held on November 1, 1897, at ''Biak-na-Bato'' in the town of San Miguel de Mayumo in
Bulacan Bulacan, officially the Province of Bulacan ( tgl, Lalawigan ng Bulacan; pam, Lalawigan ning Bulacan) (PSGC031400000 ISO: PH-BUL) is a province A province is almost always an administrative division Administrative division, administra ...
, established the ''Republic of Biak-na-Bato''. The republic had a constitution drafted by Isabelo Artacho and Félix Ferrer and was based on the first Cuban Constitution. It is known as the "Constitución Provisional de la República de Filipinas", and was originally written in and promulgated in the Spanish and Tagalog languages. The organs of the government under the Constitution consisted of three divisions: (1) the Supreme Council, which was authorized with the power of the Republic in which it was headed by the President and the four different secretaries which was the interior, foreign affairs, treasury, and war; (2) the Consejo Supremo de Garcia Y Justicia (Supreme Council of Grace and Justice), which has the authority to create decisions and validate and refute the sentences given by the other courts and to command rules for the administration of justice; and (3) the Asamblea de Representantes (Assembly of the Representatives), which was to be assembled after the revolution to create a new constitution and to choose a new
Council of Government The Council of Government of Monaco Monaco (; ), officially the Principality of Monaco (french: Principauté de Monaco), is a Sovereign state, sovereign city-state and microstate on the French Riviera close to the Italian region of Liguria, ...
and Representatives of the people. The Constitution of Biak-na-Bato was never fully implemented, and was overtaken by the
Pact of Biak-na-Bato The Pact of Biak-na-Bato, signed on December 15, 1897, created a truce between Spanish colonial Governor-General Fernando Primo de Rivera Fernando Primo de Rivera y Sobremonte, 1st Marquess of Estella (24 July 1831 – 23 May 1921) was a Sp ...
between the Spanish and the
Philippine Revolutionary Army The Philippine Revolutionary Army later renamed Philippine Republican Army, (Spanish Spanish may refer to: * Items from or related to Spain , * gl, Reino de España, * oc, Reiaume d'Espanha, , , image_flag = Bandera de España.s ...
.


The 1899 Malolos Constitution

The Filipino revolutionary leaders accepted a payment from Spain and went to exile in Hong Kong. The Americans defeated the Spanish in the Battle of Manila Bay and Aguinaldo was transferred to the Philippines by the United States Navy. The newly reformed Philippine revolutionary forces returned to the control of Aguinaldo and the Philippine Declaration of Independence was issued on June 12, 1898. On September 17, 1898, the Malolos Congress was elected, which was composed of wealthy and educated men. The document was patterned after the
Spanish Constitution The Spanish Constitution (Spanish language, Spanish, Asturleonese language, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the Democracy, democratic la ...
of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, and Guatemala and the
French Constitution The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and it replaced the Constitution of the Fourth Republic, of 1946. Charles de Gaulle Charles André Joseph ...
of 1793. The Malolos Constitution, namely, the Kartilya and the Sanggunian-Hukuman, the charter of laws and morals of the Katipunan written by Emilio Jacinto in 1896; the Biak-na-Bato Constitution of 1897 planned by Isabelo Artacho; Mabini's Constitutional Program of the Philippine Republic of 1898; the provisional constitution of Mariano Ponce in 1898 that followed the Spanish constitutions; and the autonomy projects of Paterno in 1898. The
Malolos Constitution The Political Constitution of 1899 ( es, Constitución Política de 1899), informally known as the Malolos Constitution, was the constitution of the First Philippine Republic. It was written by Felipe Calderón y Roca and Felipe Buencamino as a ...
was the first republican constitution in
Asia Asia () is Earth's largest and most populous continent, located primarily in the Eastern Hemisphere, Eastern and Northern Hemisphere, Northern Hemisphere of the Earth, Hemispheres. It shares the continental landmass of Eurasia with the cont ...

Asia
. It declared that sovereignty resides exclusively in the people, stated basic civil rights, separated the church and state, and called for the creation of an Assembly of Representatives to act as the legislative body. It also called for a parliamentary republic as the form of government. The president was elected for a term of four years by a majority of the Assembly.. (English translation by Sulpicio Guevara) It was titled "Constitución política", and was written in Spanish following the declaration of independence from Spain,. proclaimed on January 20, 1899, and was enacted and ratified by the
Malolos Congress , officially the ( tl, Lungsod ng ), is a and capital of the province A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territor ...
, a congress held in
Malolos, Bulacan , officially the ( tl, Lungsod ng ), is a Cities of the Philippines#Legal classification, and capital of the Provinces of the Philippines, province of , . According to the , it has a population of people. It is the capital city of the Prov ...
.. The Preamble reads: : : (We, the Representatives of the Filipino people, lawfully convened in order to establish justice, provide for common defence, promote the general welfare, and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following:)


Acts of the United States Congress

The Philippines was a
United States Territory In the United States, a territory is any extent of region under the sovereign Sovereign is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French Old French (, , ; Modern French ...
from December 10, 1898, to March 24, 1934On December 10, 1898, the Treaty of Paris transferred
sovereignty Sovereignty is the supreme authority within a territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate a ...
from Spain to the United States. On March 24, 1934, the United States passed the
Tydings–McDuffie Act The Tydings–McDuffie Act, officially the Philippine Independence Act (), is a United States federal law that established the process for the Philippines, then an American imperialism, American colony, to become an independent country after a ten ...
that allowed the nation to have self-government through a ten-year transitional period in preparation for full independence. The United States recognized Philippine independence in the Treaty of Manila on July 4, 1946.
and therefore was under the jurisdiction of the
Federal Government of the United States The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States, a federal republic in North America, composed of 50 U.S. state, state ...
. Two acts of the United States Congress passed during this period can be considered Philippine constitutions in that those acts defined the fundamental political principles and established the structure, procedures, powers and duties of the Philippine government.


Philippine Organic Act of 1902

The
Philippine Organic Act of 1902 The Philippine Organic Act (c. 1369, ) was a basic law for the Insular Government The Insular Government of the Philippine IslandsThis form of the name appeared in the titles of U.S. Supreme Court cases, but was otherwise rarely used. See Cost ...
, sometimes known as the "Philippine Bill of 1902" or the "Cooper Act", was the first
organic law An organic law is a law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, ...
for the Philippine Islands enacted by the United States Congress. It provided for the creation of a popularly elected
Philippine Assembly The Philippine Assembly (sometimes called the Philippine National Assembly) was the lower house A lower house is one of two chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Al ...
, and specified that legislative power would be vested in a bicameral legislature composed of the
Philippine Commission The Philippine Commission was the name of two bodies, both appointed by the President of the United States The president of the United States (POTUS) is the and of the . The president directs the of the and is the of the . The power ...
(upper house) and the Philippine Assembly (lower house). Its key provisions included a
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against Civil and political rights, infringement fr ...
for the Filipinos and the appointment of two non-voting Filipino
Resident Commissioner of the Philippines The Resident Commissioner of the Philippines () was a Non-voting members of the United States House of Representatives, non-voting member of the United States House of Representatives sent by the Philippines from 1907 until its internationally reco ...
to represent the Philippines in the
United States House of Representatives The United States House of Representatives is the lower house of the United States Congress, with the United States Senate, Senate being the upper house. Together they compose the national Bicameralism, bicameral legislature of the United S ...
.


Philippine Autonomy Act of 1916

The
Philippine Autonomy Act of 1916 The Jones Law (, . 416, also known as the Jones Act, the Philippine Autonomy Act, and the Act of Congress of August 29, 1916) was an Organic Act passed by the United States Congress. The law replaced the Philippine Organic Act (1902), Ph ...
, sometimes known as the "Jones Law", modified the structure of the Philippine government by removing the Philippine Commission as the legislative upper house and replacing it with a
Senate The Curia Julia in the Roman Forum ">Roman_Forum.html" ;"title="Curia Julia in the Roman Forum">Curia Julia in the Roman Forum A senate is a deliberative assembly, often the upper house or Debating chamber, chamber of a bicameral legislatu ...
elected by Filipino voters, creating the Philippines' first fully elected national legislature. This act also explicitly stated that it was and always had been the purpose of the people of the United States to renounce their sovereignty over the Philippine Islands and to recognize Philippine independence as soon as a stable government can be established therein.


Hare–Hawes–Cutting Act (1932)

Though not a constitution itself, the Hare–Hawes–Cutting Act of 1932 was the precursor the Tydings–McDuffie Act, which laid down the promise of independence to the Philippines after 10 years of transition period and other provisions; however, because of infighting within the Philippine Congress, it was not ratified and only became the basis for the creation of the Tydings–McDuffie Act.


Tydings–McDuffie Act (1934)

Though also not a constitution itself, the
Tydings–McDuffie Act The Tydings–McDuffie Act, officially the Philippine Independence Act (), is a United States federal law that established the process for the Philippines, then an American imperialism, American colony, to become an independent country after a ten ...
of 1934 provided for autonomy. Specified requirements for a formal constitution and defined mechanisms for its establishment via a constitutional convention.


The 1935 Constitution

The 1935 Constitution was written, approved and adopted in 1934 by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic (1946–1972). It was written to meet requirements set forth in the Tydings–McDuffie Act to prepare the country for its independence. This constitution was dominantly. It possesses the traces of the Malolos Constitution, the German, Spanish, and Mexican Constitution, constitutions of several South American countries, and the unwritten English Constitution. The Commonwealth Constitution was ratified to prepare the country for its independence. This constitution was dominantly influenced by the Americans, but possess the traces of the Malolos Constitution, the German, Spanish, and Mexican Constitution, constitutions of several South American countries, and the unwritten English Constitution. It originally provided for a unicameral legislature composed of a president and vice president elected for a six-year term without re-election. It was amended in 1940 to provide for a bicameral legislature composed of a Senate and a House of Representatives. The President is to be elected to a four-year term, together with the vice-president, with one re-election; the right of suffrage for male citizens of the Philippines who are twenty-one years of age or over and are able to read and write were protected; this protection, later on, extended to the right of suffrage for women two years after the adoption of the constitution. The draft of the constitution was approved by the convention on February 8, 1935, and was ratified by President Roosevelt in Washington D.C. on March 25, 1935. Elections were held on September 16, 1935, and Manuel L. Quezon was elected as the first President of the Commonwealth of the Philippines. The Preamble reads: : The original 1935 Constitution provided for a unicameral National Assembly, and the President was elected to a six-year term without the possibility re-election. It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent
electoral commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a cen ...
and to grant the President a four-year term with a maximum of two consecutive terms in office. A Constitutional Convention was held in 1971 to rewrite the 1935 Constitution. The convention was stained with manifest bribery and corruption. Possibly the most controversial issue was removing the presidential term limit so that
Ferdinand E. Marcos Ferdinand Emmanuel Edralin Marcos Sr. (, September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer and kleptocrat who served as the 10th President of the Philippines The president of the Philippines ( fil, Pangulo ...
could seek re-election for a third term, which many felt was the true reason for which the convention was called. In any case, the 1935 Constitution was suspended in 1972 with Marcos' proclamation of
martial law Martial law is the temporary imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to a temporary emergency where civil forces are overwhelmed, or in an occupied te ...
, the rampant corruption of the constitutional process providing him with one of his major premises for doing so.


The 1943 Constitution

The 1943 Constitution was drafted by a committee appointed by the
Philippine Executive Commission The Philippine Executive Commission (PEC; Tagalog language, Tagalog: ''Komisyong Tagapagpaganap ng Pilipinas'') was a provisional government set up to govern the Philippine archipelago during World War II. It was established with sanction from the J ...
, the body established by the Japanese to administer the Philippines in lieu of the
Commonwealth of the Philippines The Commonwealth of the Philippines ( es, Commonwealth de Filipinas or ''Mancomunidad de Filipinas''; tl, Kómonwélt ng Pilipinas or ''Malasariling Pámahalaán ng Pilipinas'') was the administrative body that governed the Philippines ...
which had established a
government-in-exile A government in exile (abbreviated as GiE) is a political group which claims to be a Sovereign state, country or Federated state, semi-sovereign state's legitimate government, but is unable to exercise legal power and instead resides in another ...
. In mid-1942, Japanese Premier
Hideki Tōjō Hideki Tojo (, ', December 30, 1884 – December 23, 1948) was a Japanese politician, general A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, or marines Marines or nav ...

Hideki Tōjō
promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic. The
Preparatory Committee for Philippine Independence Preparatory school or prep school may refer to: Schools *Preparatory school (United Kingdom) A preparatory school (or, shortened: prep school) in the United Kingdom is a fee-charging Independent school (United Kingdom), independent primary sch ...
tasked with drafting a new constitution was composed, in large part, of members of the prewar National Assembly and of individuals with experience as delegates to the convention that had drafted the 1935 Constitution. Their draft for the republic to be established under the Japanese occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch. Upon the approval of the draft by the committee, the new charter was ratified in 1943 by an assembly of appointed, provincial representatives of the
Kalibapi The Kapisanan ng Paglilingkod sa Bagong Pilipinas (''Association for Service to the New Philippines''), or KALIBAPI, was a Fascist Fascism () is a form of far-right Far-right politics, also referred to as the extreme right or right-wi ...
, the organization established by the Japanese to supplant all previous political parties. Upon the ratification by the Kalibapi assembly, the Second Republic was formally proclaimed (1943–1945). José P. Laurel was elected president by the National Assembly and sworn into office on October 14, 1943. Laurel was highly regarded by the Japanese for having openly criticized the U.S. for the way that they governed the Philippines and because he had a degree from the
Tokyo International University is a private, research-oriented liberal arts university in collaboration with Tokyo University in Greater Tokyo Area that is regarded as one of the most international institutions of higher learning in Japan. TIU was founded in 1965 with a focus on ...
. The 1943 Constitution remained in force in Japanese-controlled areas of the Philippines, but was never recognized as legitimate or binding by the governments of the United States, the Commonwealth of the Philippines, or the guerrilla organizations loyal to them. In late 1944, President Laurel declared war on the United States and the
British Empire The British Empire was composed of the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. ...

British Empire
and proclaimed
martial law Martial law is the temporary imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to a temporary emergency where civil forces are overwhelmed, or in an occupied te ...
, essentially ruling by decree. His government, in turn, went into exile in December 1944, first to
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia East Asia is the eastern region of Asia Asia () is Earth's largest and most populous continent, located primarily in the Eastern Hemisphere, Eastern and N ...

Taiwan
and then Japan. After the announcement of Japan's surrender, Laurel formally dissolved the Second Republic. The Preamble reads: : The 1943 Constitution provided for strong executive powers. The Legislature consisted of a
unicameral In government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by ...
National Assembly and only those considered to be anti-US could stand for election, although in practice most legislators were appointed rather than elected. Until the 1960s, the Second Republic and its officers were not viewed as a legitimate Philippine government or as having any standing with the exception of the Second Republic-era Supreme Court, whose decisions, limited to reviews of criminal and commercial cases as part of a policy of discretion by Chief Justice
José Yulo José Yulo Yulo (September 24, 1894 – October 27, 1976) was the Chief Justice of the Supreme Court of the Philippines (May 7, 1942 – July 9, 1945) during the Japanese Occupation and was Speaker of the Philippine House of Representatives from 1 ...
, continued to be part of official records. This was made easier by the Commonwealth government-in-exile never constituting a Supreme Court, and the formal vacancy in the position of Chief Justice for the Commonwealth with the execution of
José Abad Santos José Abad Santos (: February 19, 1886 – May 2, 1942) was the fifth Chief Justice of the Supreme Court of the Philippines The chief justice of the Philippines ( fil, Punong Mahistrado ng Pilipinas) presides over the Supreme Court of the Phi ...
by the Japanese. It was only during the Macapagal administration that a partial political rehabilitation of the Japanese-era republic took place, with the official recognition of Laurel as a former president and the addition of his cabinet and other officials to the roster of past government officials. However, the 1943 Constitution was not taught in schools, and the laws of the 1943–44 National Assembly were never recognized as valid or relevant.


The 1973 Constitution

The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. Legislative power was vested in a
unicameral In government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by ...
National Assembly whose members were elected for six-year terms. The President was ideally elected as the symbolic and purely
ceremonial A ceremony (, ) is a unified ritual A ritual is a sequence of activities involving gestures, words, actions, or objects, performed according to a set sequence. Rituals may be prescribed by the traditions of a community, including a religious ...

ceremonial
head of state A head of state (or chief of state) is the public persona A persona (plural personae or personas), depending on the context, can refer to either the public image of one's personality, or the social role that one adopts, or a fictional ch ...
chosen from amongst the Members of the National Assembly for a six-year term and could be re-elected to an unlimited number of terms. Upon election, the President ceased to be a Member of the National Assembly. During his term, the President was not allowed to be a member of a
political party A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology ...
or hold any other office. Executive power was meant to be exercised by the
Prime Minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpar ...
who was also elected from among the sitting Assemblymen. The Prime Minister was to be the
head of government The head of government is either the highest or second-highest official in the executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administrat ...
and
Commander-in-Chief A commander-in-chief or supreme commander is the person who exercises supreme command and control Command and control is a "set of organizational and technical attributes and processes ... hat A collection of 18th and 19th century men' ...
of the
Armed Forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare War is an intense armed conflict between State (polity), states, governments, Society, societies, or pa ...
. This constitution was subsequently amended four times (arguably five, depending on how one considers Proclamation No. 3 of 1986, see below). From October 16–17, 1976, a majority of
barangay A barangay (; abbreviated as Brgy. or Bgy.), sometimes referred to by its archaic name barrio (abbreviated as Bo.), is the smallest administrative division Administrative division, administrative unitArticle 3(1). , country subdivision, ad ...

barangay
voters (also called "Citizens' Assemblies") approved that
martial law Martial law is the temporary imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to a temporary emergency where civil forces are overwhelmed, or in an occupied te ...
should be continued and ratified the amendments to the Constitution proposed by President Marcos. The 1976 amendments provided: * for an
Interim Batasang Pambansa The Interim Batasang Pambansa (English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon England, early medieval England, which has eventual ...
(IBP) substituting for the Interim National Assembly; * that the President would become Prime Minister and continue to exercise legislative powers until such time as martial law was lifted. The Sixth Amendment authorized the President to legislate on his own on an "emergency" basis:
Whenever in the judgement of the President there exists a grave emergency or a threat or imminence thereof, or whenever the Interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land.
The 1973 Constitution was further amended in 1980 and 1981. In the 1980 amendment, the retirement age of the members of the judiciary was extended to 70 years. In the 1981 amendments, the parliamentary system was formally modified into a French-style
semi-presidential system A semi-presidential system, or dual executive system, is a system of government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, g ...
and provided: * that executive power was restored to the President; * that direct election of the President was restored; * for an executive committee composed of the Prime Minister and not more than 14 members was created to "assist the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe;" and the Prime Minister was a mere head of the Cabinet. * for electoral reforms and provided that a natural born citizen of the Philippines who has lost his citizenship may be a transference of private land for use by him as his residence. The last amendments in 1984 abolished the executive committee and restored the position of
Vice-president A vice president (in British English: vice-president for governments and director for businesses) is an officer in government A government is the system or group of people governing an organized community, generally a State (polity), ...
(which did not exist in the original, unamended 1973 Constitution). While the 1973 Constitution ideally provided for a true parliamentary system, in practice, Marcos made use of subterfuge and manipulation in order to keep executive powers for himself, rather than devolving these to the Assembly and the cabinet headed by the Prime Minister. The result was that the final form of the 1973 Constitution – after all amendments and subtle manipulations – was merely the abolition of the Senate and a series of cosmetic rewording. The old American-derived terminology was replaced by names more associated with a parliamentary government: for example, the House of Representatives became known as the "''Batasang Pambansâ''" (National Assembly), departments became "ministries", and their cabinet secretaries became known as "cabinet ministers", with the President's assistant – the Executive Secretary – now being styled as the "Prime Minister". Marcos' purported parliamentary system in practice functioned as an
authoritarian Authoritarianism is a form of government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a mo ...
presidential system A presidential system, or single executive system, is a form of government in which a head of government (President (government title), president) leads an Executive (government), executive branch that is separate from the legislative branch in s ...
, with all real power concentrated in the hands of the President but with the premise that such was now constitutional.


The 1986 Freedom Constitution

Immediately following the
1986 People Power Revolution The People Power Revolution, also known as the EDSA Revolution or the February Revolution, was a series of popular demonstrations in the Philippines The Philippines (; fil, Pilipinas or ''Filipinas'' ), officially the Republic of the P ...
that ousted Marcos, President Corazon C. Aquino issued Proclamation No. 3 as a
provisional constitutionA provisional constitution, interim constitution or transitional constitution is a constitution intended to serve during a transitional period until a permanent constitution is adopted. The following countries currently have, or have had in the past, ...
. It adopted certain provisions from the 1973 Constitution while abolishing others. It granted the President broad powers to reorganize government and remove officials, as well as mandating the president to appoint a commission to draft a new, more formal Constitution. This document, described above, supplanted the "Freedom Constitution" upon its
ratification Ratification is a principal Principal may refer to: Title or rank * Principal (academia) The principal is the chief executive and the chief academic officer of a university A university ( la, universitas, 'a whole') is an educational insti ...

ratification
in 1987. This is the transitional constitution that lasted a year and came before the permanent constitution. It maintained many provisions of the 1973
Constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

Constitution
, including in rewritten form the presidential right to rule by decree. The Convention compose of 48 members appointed by the President.


See also

*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional ...

Constitutionalism
*
Charter Change A constitutional amendment is a modification of the constitution of a polity, organization or other type of Legal entity, entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. ...


References


Citations


General bibliography

*


External links


The 1987 Constitution

Evolution of Philippine Constitution

Cory's Proclamation No. 3
by Napoleon G. Rama, ''Philippines Free Press'', April 19, 1986
Some Readings as the Constitution turns 25
by Manuel Quezon III, January 29, 2012 {{Constitutions of Asia Constitutions of the Philippines, 1897 in law, Philippines 1897 in the Philippines 1899 in law, Philippines 1902 in law, Philippines 1916 in law, Philippines 1935 in law, Philippines 1943 in law, Philippines 1973 in law, Philippines 1987 establishments in the Philippines 1987 in law, Philippines 1987 in the Philippines