EASTERN SAMAR STATE UNIVERSITY

College of Criminal Justice System

BS CRIMINOLOGY
CLJ 211 – Human Rights Education

SWOT Analysis in 1987 Constitution

of The Republic of the Philippines

Submitted by:

NAME: ABOGADO, CHRISTIAN JADE D.

BS Criminology 2C

Submitted to:

ALMER E. BALISE, RCRIM., CSP, MSCJ(c)

Lecturer
SUMMARY:
The 1987 Philippine Constitution is the supreme law of the Philippines that was ratified
on February 2, 1987. It is the fourth and current constitution of the country, and it
replaced the 1973 Constitution that was enacted during the martial law regime of
Ferdinand Marcos. The 1987 Constitution was drafted by a constitutional commission
appointed by President Corazon Aquino, who came to power after the 1986 People
Power Revolution that ousted Marcos .The 1987 Constitution establishes a presidential,
representative, and unitary form of government, with power divided among three
separate and independent branches: the executive, the legislative, and the judicial. The
executive branch is headed by the president, who is elected by direct popular vote for a
single six-year term. The legislative branch consists of a bicameral Congress, composed
of the Senate and the House of Representatives, whose members are elected by the
people for six-year and three-year terms, respectively. The judicial branch is composed
of the Supreme Court and lower courts, whose members are appointed by the president
with the consent of the Commission on Appointments. The 1987 Constitution also
provides for a bill of rights that guarantees the civil and political rights of the people, such
as freedom of expression, religion, assembly, and petition; due process of law; equal
protection of the law; and presumption of innocence. The Constitution also upholds the
principles of democracy, human rights, social justice, and national sovereignty. It
renounces war as an instrument of national policy, and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations. The Constitution also
promotes the development of local autonomy and decentralization, and recognizes the
role of civil society, non-governmental organizations, and people’s organizations in
nation-building and public participation. The 1987 Constitution is not a static document,
but a living and evolving one, that can be amended or revised by the people through a
constitutional convention, a constituent assembly, or a people’s initiative, subject to
ratification by a majority of the voters in a plebiscite. The Constitution has been amended
once, in 2001, to allow the impeachment of the president by a vote of one-third of the
House of Representatives, instead of the previous requirement of one-fourth. The
Constitution has also been interpreted and applied by the Supreme Court in various
cases, such as those involving the declaration of martial law, the validity of executive
agreements, the distribution of powers among the branches of government, and the
protection of human rights. The 1987 Constitution is a product of the people’s struggle
for democracy and freedom from dictatorship. It embodies the aspirations and values of
the Filipino nation, and provides a blueprint for its development and progress. However,
the Constitution also faces various challenges and limitations, both internal and external,
that require constant vigilance and action from the people and their representatives. The
Constitution is not an end in itself, but a means to an end, which is the attainment of a
just and humane society for all.
INTRODUCTION:
The 1987 Philippine Constitution is the supreme law of the land that governs the
Philippines, a democratic and republican state with a presidential system of government.
It is the product of the People Power Revolution that toppled the dictatorship of
Ferdinand Marcos in 1986 and restored democracy in the country. It is also the first
constitution in the world to include a Bill of Rights that protects the rights of the people
against the state, as well as a provision that recognizes the role of civil society in nation-
building. The 1987 Constitution is divided into 18 articles that cover various aspects of
the Philippine political, economic, social, and cultural life, such as the national territory,
the citizenship, the sovereignty, the separation of powers, the decentralization, the
human rights, the social justice, the national economy, the national patrimony, the
education, the culture, the family, the amendments, and the transitory provisions. The
1987 Constitution is considered a landmark document that reflects the aspirations and
values of the Filipino people, as well as a source of pride and inspiration for many
Filipinos. However, it is also a subject of criticism and debate, as some of its provisions
are seen as outdated, restrictive, or problematic by various sectors and groups. Some of
the issues and challenges that the 1987 Constitution faces are the economic
development, the political stability, the public service delivery, the law enforcement, and
the constitutional reform. These are some of the topics that will be discussed in this
paper, as well as the possible solutions and recommendations that can be proposed to
address them;

The Constitution of the Philippines is the supreme law of the Philippines. The
Constitution currently in effect was enacted in 1987, during the administration of
President Corazon C. Aquino, and is popularly known as the "1987 Constitution―.
Philippine constitutional law experts recognize three other previous constitutions as
having effectively governed the country — the 935 Commonwealth Constitution, the
1973 Constitution, and the 1986 Freedom Constitution. Constitutions for the Philippines
were also drafted and adopted during the short lived governments of Presidents Emilio
Aguinaldo (1898) and José P. Laurel (1943).

Nature and purpose of Constitution

1. It serves as the supreme or fundamental law
2. It establishes basic framework and underlying principles of government Constitutional
Law Body of law derived from country's written constitution. It lays down and guides the
duties and powers of the government, and the duties and rights of its citizens and
residents.

Kind of Constitution
1. As to their origin and history
a. Conventional or enacted b. Cumulative or evolved
2. As to their form
a. Written b. Unwritten
3. As to manner of amending them
a. Rigid or inelastic b. Flexible or elastic
5. Constitution distinguished from Statute

1. Constitution is a legislation direct from the people

2. Constitution merely states the general framework of the law
3. Constitution is intended not merely to meet existing conditions but to govern the future
4. Constitution is the supreme or fundamental law Statute

1. Is a legislation from the people’s representatives.

2. It provides the details of the subject of which it treats
3. Is intended primarily to meet existing conditions only
4. Statute conforms to Constitution.

Parts of the 1987 Constitution The Constitution is divided into 18 parts, excluding the
Preamble, which are called Articles. The Articles are as follows:

Article I - National Territory

Article II - Declaration of Principles and State Policies
Article III - Bill of Rights
Article IV – Citizenship
Article V - Suffrage
Article VI - Legislative Department
Article VII - Executive Department
Article VIII - Judicial Department
Article IX - Constitutional Commission
Article X - Local Government
Article XI - Accountability of Public Officers
Article XII - National Economy and Patrimony
Article XIII - Social Justice and Human Rights
Article XIV - Education, Science and Technology, Arts, Culture and Sports
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments or Revisions
Article XVIII - Transitory Provisions

Preamble of the 1987 Constitution The Preamble reads: “We, the sovereign Filipino
people, imploring the aid of Almighty God, in order to build a just and humane society,
and establish a Government that shall embody our ideals and aspirations, promote the
common 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, love, equality, and peace, do ordain and promulgate
this Constitution.”

Significant features of the 1987 Constitution, The Constitution establishes the Philippines
as a "democratic and republican State", where "sovereignty resides in the people and all
government authority emanates from them". (Section 1, Article II) Consistent with the
doctrine of separation of powers, the powers of the national government are exercised in
main by three branches — the executive branch headed by the President, the legislative
branch composed of Congress and the judicial branch with the Supreme Court
occupying the highest tier of the judiciary. Section 1. Article 2. The Philippines is a
democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them.
STRENGTHS:
Article III of the Philippine Constitution is the Bill of Rights. The 1987 Constitution
enhanced the rights-based foundation of the country's constitutional order when it
introduced a separate article on social justice, which emphasized social, economic and
cultural rights in contrast with the usual emphasis on political and civil rights in a typical
bill of rights.

The Bill of Rights in the 1987 Philippine Constitution serves as a critical component of
the constitution, and it plays a crucial role in protecting the rights and freedoms of
Filipino citizens. Here's how it strengthens the constitution:

1.Individual Rights: The Bill of Rights enumerates and protects a wide range of individual
rights, including freedom of speech, freedom of religion, the right to due process, the
right to a fair trial, and the right to privacy. These rights are essential for safeguarding the
liberty and dignity of Filipino citizens.

2.Safeguards Against Abuses: The Bill of Rights provides safeguards against potential
abuses of power by the government. It ensures that government actions and laws are
consistent with the principles of justice, fairness, and respect for human rights.
3. Limitation on Government Power: The Bill of Rights places limits on the authority of
the government and prevents it from infringing on the fundamental rights and freedoms
of citizens. It establishes a system of checks and balances, promoting a democratic and
just society.

4. Access to Courts: It guarantees access to the courts for the protection of one's rights
and the redress of grievances. This is a fundamental aspect of the rule of law and the
justice system.

5. Social Justice: The Bill of Rights also includes provisions related to social justice,
ensuring equitable treatment for all citizens and addressing historical injustices.

6. International Standards: The Bill of Rights in the 1987 Constitution reflects many
international human rights principles, aligning the Philippines with the global community's
efforts to protect and promote human rights.
In summary, the Bill of Rights in the 1987 Philippine Constitution strengthens the
constitution by protecting individual rights, preventing government abuse, and emsuring
that the country adheres to international standards of human rights and justice. It plays a
vital role in upholding democracy and the rule of law in the Philippines.
WEAKNESSES:
Article 1 of the 1987 Philippine Constitution, titled "National Territory," defines the
country's territory and includes references to its land, water, and airspace.
Some perceived weaknesses or criticisms related to this article include:

Ambiguity: Some critics argue that the language used in the definition of the national
territory is vague and open to interpretation, potentially leading to disputes or issues
related to the country's boundaries.

Lack of Specificity: The article does not explicitly define the Philippines' boundaries with
precision, which can create disputes in territorial claims, especially in contested areas
like the South China Sea.
Historical Claims: The 1987 Constitution retains historical claims to certain territories,
which could be seen as an obstacle to diplomatic negotiations and resolutions of
territorial disputes.

Overlapping Claims: The article acknowledges territorial claims based on "historic

rights," which may overlap with claims of neighboring countries, leading to geopolitical
tensions.

Ineffectiveness in Preventing Encroachment: Some critics argue that the Constitution

has not been effective in preventing encroachment by foreign entities into Philippine
territory.

These are some of the criticisms related to Article 1 of the 1987 Philippine Constitution.
It's important to note that the interpretation and perception of these weaknesses can
vary among legal experts, scholars, and policymakers.
OPPORTUNITIES:
The 1987 Constitution of the Philippines is a product of the people power (EDSA)
revolution of 1986 which ousted the authoritarian regime of President Marcos. In the
post‐EDSA era, the primary consideration of the administration of President Corazon
Aquino was to restore democracy and to rebuild democratic institutions. This objective
underpinned the process for making the 1987 Constitution.
Democratic values were at the core of the constitutional culture of the 1987 Constitution.
The constitutional process was designed to foster the restoration of democratic rule. On
25 March1986, President Aquino, in the exercise of revolutionary powers issued
Proclamation No 3 which abrogated the 1973 Constitution of the Marcos period.
Referred as the ‘freedom constitution’, Proclamation No 3 served as the interim
constitution which abolished the unicameral legislature, the office of the Prime Minister,
and the power of the President to legislate. It called for the adoption of the new
Constitution:

ARTICLE V. ADOPTION OF A NEW CONSTITUTION

Section 1. Within sixty (60) days from date of this Proclamation, a Commission shall be
appointed by the President to draft a New Constitution. The Commission shall be
composed of not less than thirty (30) nor more than fifty (50) natural born citizens of the
Philippines, of recognized probity, known for their independence, nationalism and
patriotism. They shall be chosen by the President after consultation with various sectors
of society.
Section 2. The Commission shall complete its work within as short a period as may be
consistent with the need both to hasten the return of normal constitutional government
and to draft a document truly reflective of the ideals and aspirations of the Filipino
people.
Section 3. The Commission shall conduct public hearings to ensure that the people will
have adequate participation in the formulation of the New Constitution.
Section 4. The plenary sessions of the Commission shall be public and fully recorded.
Section 5. The New Constitution shall be presented by the Commission to the
President who shall fix the date for the holding of a plebiscite. Itshall become valid and
effective upon ratification by a majority of the votes cast in such plebiscite which shall be
held within a period of sixty (60) days following its submission to the President.

There were observations, made then and now, that it is ironic that President Aquino, as a
champion of democracy, opted to appoint the framers of the constitution, instead of
constituting a duly elected body. President Aquino at the opening of the session of the
appointed Constitutional Commission.
You must define and protect our individual freedoms and rights; you must decide how
our different institutions of state will relate to each other. Do not be distracted by political
debates and matters of policy that do not belong within your constitution‐making
exercise. You are here appointed, by the people’s wish, to write a constitution; you are
not here as elected politicians.
The mandate of the Commission to design a ‘democratic’ and ‘freedom and rights‐
based’ constitution is unmistakable.
The reference to members of the commission not being elected politicians but appointed
by the people’s wish, reflected the trajectory of the constitutional process, which sought
to institutionalize the ends and means of the people power revolution.
Indeed, most of those appointed to the Commission, while representative of various
sectors, were known democrats who had fought against the authoritarian regime. The
central role of the Catholic Church in Philippine society, and in particular in the people
power revolution, was integral to the constitutional culture that underpinned the 1987
Constitution. Members of the Commission included a Catholic bishop, a priest‐lawyer‐
constitutionalist, and a leader of the conservative Catholic movement Opus Dei.
The constitutional culture that emerged around anti‐authoritarianism and the restoration
of democracy appeared to have been embraced by Filipinos with 77% of the electorate
ratifying the 1987 Constitution in the plebiscite.
Whether the western democratic values that were part of the constitutional culture of the
Philippine constitution are ingrained in Filipino culture is an open question.
While the Philippines is a democracy, politics and governance at all levels of government
continue to be elite or centre‐driven, personalistic and oligarchical. This has meant that
the people power revolution was perceived, not by a few, as a battle between the
Marcos and Aquino clans than a process for real reform.
The current initiative to amend the 1987 Constitution was initiated by President Duterte
who was elected on a platform of law and order, and on the promise of shifting the
country’s political system from a unitary to federal system. In the first
two years of his six‐year term, President Duterte ruled as a strongman who publicly
demonstrated his aversion to human rights and international norms and systems by
waging a bloody war against illegal drugs. President Duterte continues to be popular as
a leader who can instill discipline and order, even though this is at the expense of some
democratic values.
This raises questions about the commitment of Filipinos to democracy, human rights
and the rule of law. President Duterte appointed a consultative commission to
recommend changes to the 1987 Constitution. In response to the President’s wishes, the
Commission recommended a shift to a federal system and the redefinition of the concept
of bill of rights from that of a limitation on the police powers of the state towards a more
expansive concept that also secures the rights of state actors.

How did constitutional culture affect choices about the substantive changes to be made?
In dismantling the dictatorship and in restoring democratic institutions, the 1987
Constitution provided that civilian authority is at all times supreme over the military. It
also provided that the Armed Forces of the Philippines is the protector of the people and
the state.
The Constitution substantially limits the President’s power to exercise martial law, to
cases of actual rebellion and invasion and for not more than 60 days unless Congress,
which has review powers over martial law, decrees to extend it.
The Supreme Court also has power to review the factual basis for the declaration of
martial law.
Even under martial law, courts and Congress remain operational

Another Opportunities that can be made:

Amendments: The Constitution allows for amendments, providing an opportunity to
address weaknesses and adapt to modern challenges.
Rule of Law: The Constitution can be a basis for strengthening the rule of law and
ensuring government accountability.
Inclusivity: There is an opportunity to enhance provisions related to marginalized
communities and promote inclusivity.
Global Partnerships: It can be used as a basis for international collaborations and
partnerships, including trade agreements.

THREATS:
The 1987 Philippine Constitution has faced various threats and challenges over the
years. Some of the key threats and issues include:
Constitutional Amendments: There have been attempts to amend the Constitution to
change its provisions, particularly regarding the structure of government and term limits.
These proposals have often been a source of controversy and concern.

Political Instability: Periods of political instability and attempted coups in the Philippines
have put the Constitution at risk.
The government's ability to uphold the rule of law and protect the Constitution has been
tested during these times.
Corruption: Corruption within the government and judiciary can undermine the principles
and integrity of the Constitution.
This has been a persistent issue in Philippine politics.

Martial Law: The memory of the martial law era under Ferdinand Marcos, which lasted
from 1972 to 1981, has raised concerns about the potential return of authoritarian rule
and the erosion of constitutional rights.

Regional Autonomy: The Philippines has faced challenges related to regional autonomy,
especially in areas like Mindanao, where there have been separatist movements seeking
greater self-governance or independence.
These issues have implications for the Constitution's provisions on the territorial integrity
of the country.

Human Rights: Concerns about human rights violations and extrajudicial killings have
sparked debates about the government's adherence to constitutional principles and the
protection of individual rights.

Populist Politics: Populist leaders and movements can sometimes challenge the
constitutional order by undermining democratic institutions or pursuing policies that may
be at odds with the Constitution's principle.
External Factors: Global events and pressures may impact the Constitution and its ability
to protect Philippine interests.

Civil Unrest: Social unrest or challenges to the Constitution can pose a threat to the
established order.

It's important to note that the 1987 Philippine Constitution has also been a source of
stability and democratic governance in the country, serving as a foundational document
that outlines the structure of government and the rights of Filipino citizens. While it has
faced threats, it has also been a crucial framework for the country's democratic system
CONCLUSION:
The 1987 Philippine Constitution has served as the supreme law of the land for over
three decades, there have been calls for its improvement and amendment. One of the
most significant proposals for amending the Constitution is the shift to a federal form of
government. This proposal aims to decentralize power and resources, allowing local
governments to have more autonomy and control over their respective regions. Other
proposed amendments include the abolition of the Office of the Vice President, Office of
the Ombudsman, and Judicial and Bar Council. Lawmakers have also proposed limiting
the protection for free speech.

In addition to these proposals, there have been calls to strengthen the Constitution’s
provisions on social justice, labor, agrarian reform, and natural resources. The
Constitution aspires to protect human dignity and reduce economic and cultural
inequities through the distribution of wealth and power for the common good. However,
there is a need to ensure that these provisions are enforced and implemented
effectively. Another area for improvement is the Constitution’s provisions on education,
science and technology, arts, culture, and sports. The government should ensure that
these provisions are adequately funded and implemented to promote the development of
these sectors.
Finally, there is a need to ensure that the Constitution is accessible to all Filipinos. The
Constitution is currently available in Filipino, English, and other major regional
languages. However, efforts should be made to promote awareness and understanding
of the Constitution among the general public. While the 1987 Philippine Constitution has
served as the supreme law of the land for over three decades, there is a need to ensure
that it remains relevant and effective in addressing the needs of the Filipino people. The
government should consider the proposals for amending the Constitution, strengthen its
provisions on social justice, labor, agrarian reform, and natural resources, and ensure
that it is accessible to all Filipinos.
RECOMMENDATION:
My Recommendations for making the 1987 Philippine Constitution more effective could
include various changes and reforms.
Here are some areas you might consider for improvement:
 Anti-Dynasty Provisions: Strengthen or clarify provisions aimed at preventing
political dynasties, which can help promote greater political competition and
diversity.

 Electoral Reforms: Propose reforms in the electoral system, campaign finance

regulations, and mechanisms for ensuring free and fair elections.

 Judicial Reforms: Enhance the efficiency, transparency, and accountability of the

judiciary, and consider mechanisms to address issues like case backlog.

 Decentralization: Explore options for further decentralization of government

power to local government units, providing more autonomy and resources for
regional development.

 Economic Provisions: Review and potentially update economic provisions to

encourage foreign investment and economic growth.

 Constitutional Amendments Process: Simplify or clarify the process for amending

the constitution to make it more accessible and responsive to changing needs.

 Environmental Protections: Strengthen environmental protections and sustainable

development principles to address modern environmental challenges.

 Human Rights Protections: Evaluate and reinforce human rights provisions to

ensure their effective enforcement and protection of all citizens.
 Technology and Cybersecurity: Consider constitutional provisions related to
emerging technologies, data privacy, and cybersecurity to address the digital age.

 Constitutional Education: Promote constitutional education and awareness to

ensure that citizens are informed about their rights and responsibilities under the
constitution.

 Amend Economic Provisions: Consider relaxing or modifying restrictions on

foreign ownership to attract more foreign investment and promote economic
growth.

 Enhance Social Justice Provisions: Strengthen measures to address income

inequality and poverty, ensuring that the Constitution's provisions on social justice
are more effectively implemented.

 Clarify and Simplify Language: Simplify legal and constitutional language to make
it more accessible and understandable for the general public.

 Gender Equality: Promote gender equality by including more explicit and

comprehensive provisions for women's rights and empowerment.

 Adapt to Technological Advancements: Ensure that the Constitution can adapt to

rapid technological changes and advancements in various fields.

 Peace and Conflict Resolution: Consider provisions to address long-standing

conflicts, particularly in Mindanao, and promote peaceful conflict resolution.

 Transparency and Accountability: Enhance measures for government

transparency, accountability, and the fight against corruption.
  Review and Update Regularly: Establish a mechanism for periodic reviews and
updates to keep the Constitution relevant and adaptable to changing
circumstances.

These recommendations should be carefully considered through a democratic and

inclusive process, that any proposed changes to the constitution would need to go
through the proper legal and political processes, such as legislation or constitutional
conventions. It's important to engage with legal and political experts, as well as the
public, to build support for your recommendations and work within the framework of the
Philippine legal system to bring about any amendments

REFERENCES:
 Constitutional History of the Philippines. (2016). ConstitutionNet. Retrieved November 6,
2023, from https://constitutionnet.org/country/philippines#:~:text=The
%201987%20Constitution%20established%20a,bicameral%20Legislature%2C%20and%20the
%20Judiciary.

 (2022). Summary of the 1987 Philippines Constitution – Summary of the 1987

Philippines Constitution PREAMBLE – Studocu. Studocu. Retrieved November 6,
2023, from https://www.studocu.com/ph/document/misamis-university/college-of-
law/summary-of-the-1987-philippines-constitution/31996086

 Camilo. (2012). Introduction to Philippine Constitution 1987. PPT. Retrieved November 6,

2023, from https://www.slideshare.net/chariecamilo/introduction-to-philippine-
constitution-1987

 The publisher’s name was Charie Camilo, who makes this slideshare about the
Philippine Constitutions, followed by the publication year 2012.
 Bacani, B. (2018) ‘implications of culture for constitution making: The philippines’,
Microsoft Word - MF 2018 - Philippines Paper - FINAL - clean-formatted.docx.
Available at: https://law.unimelb.edu.au/__data/assets/pdf_file/0011/2925803/MF-
2018-Philippines-Paper-FINAL-clean-formatted.pdf (Accessed: 31 October 2023).

 The author’s last name, Benedicto Bacani, is listed first , followed by the
publication year, 2018, in parentheses.

 The title of the article is listed next, with the subtitle “The Philippines” included.