Working Draft –
13 December 2005
Proposed Revision of the1987 PHILIPPINE CONSTITUTION
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just andhumane society and establish a Government that shall embody our ideals and aspirations, promote thecommon good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom,equality, and peace, do ordain and promulgate this Constitution.
[Author’s Note: The word “love” has been deleted from the Preamble for the reason that it has no legal meaning.]
Article I: National Territory
The national territory comprises the Philippine archipelago, with all the islands and waters embracedtherein, and all other territories belonging to the Philippines by historic right or legal title, consisting of itsterrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction. The watersaround between, the connecting the islands of the archipelago, regardless of their breadth and dimensions,form part of the internal waters of the Philippines.
[Author’s Note: The phrase “by historic right and title” is added following the 1973 Constitution, to account for the historic title provided by such instruments as the Treaty of Paris.]
Article II: Declaration of Principles
[Author’s Note: Generally, those provisions of article II of the 1987 Constitution that were superfluous, considering the existenceof other provisions of the charter, and those that were purely declarative, were deleted; the article is reworded to be mandatoryand re-arranged in a more logical order; and certain sections are moved to separate articles.]
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and allgovernment authority emanates from them. The State shall exist solely to serve and protect the people,and shall hold in trust the powers delegated by the people under this Constitution for the sole purpose of serving the general good.
[Author’s Note: The section merges sections 1 and 4 of article II of the 1987 Constitution. The last sentence is reworded toemphasize the delegated nature of State power.]
Section 2. No public or private acts and norms, whether under municipal or international law, shall bevalid if they contradict the Constitution, without prejudice to prior and peremptory natural norms. Its provisions shall not be amended, suspended, or otherwise modified in wording or application except asexpressly stated in this Constitution.
[Author’s Note: The provision explicitly affirms the supremacy of the Constitution. See the Vienna Convention on the Law of Treaties (arts. 53, 64, 71), on peremptory norms and sovereign acts. See also the Constitution of Ireland (art. 41(1.1)).]
Minority Group Report / Consultative Commission to propose amendments to the 1987 Philippine Constitution