the

the
the

1987
1987
1987
Constitution
Constitutio
n
 :
Introductio
Introduction:
Ruling by decree during the early months of her tenure as a president
n
installed via the People Power Revolution, President Corazon Aquino
was granted three options:
 
1. To revert to the 1935 constitution
2. To retain the 1973 Constitution and be granted the power to
make reforms
3. To start a new and break from the "Vestiges of a disgraced
dictatorship"
And in result, President Corazon Aquino decided to draft a new
constitution and issued Proclamation No. 3 on March 25, 1986.
 :
The new constitution, she said,
Why
?
should be “truly reflective of the
It was largely modelled on the
American Constitution which had so
aspirations and ideals of the Filipino greatly influenced the 1935
people.” Constitution, but it also incorporated
Roman, Spanish, and Anglo law.
Often called the "Freedom  
Constitution". This constitution was This new constitution was drafted in
intended as a transitional 133 days by an appointed
constitution to ensure democracy Constitutional Commission of 48
and the freedom of the people. members and ratified by the people in
  a plebiscite held on February 2, 1987.
 :
The Constitutional Commission was composed of forty-eight members appointed
by Aquino from varied backgrounds, including several former members of the
House of Representatives, former justices of the Supreme Court, a Roman Catholic
bishop, and political activists against the Marcos regime.
 
One of these appointed members includes:

1. Bishop Teodoro Bacani

2. Former Supreme Court chief justice, Roberto Concepcion
3. Former labor minister (and eventually senator and foreign
affairs secretary) Blas Ople, Ateneo De Manila University
president and Father Joaquin Bernas SJ
4. University of the Philippines Student Council Chairperson (now
Commission on Human Rights chair) Chito Gascon.
 :
CONSTITUTIONA
CONSTITUTIONA
LL COMMISSION
COMMISSION
The establishment of Constitutional Commission is clearly stipulated in the
1987 Constitution of the Republic of the Philippines in the Article IX - Section
No. 1.

"Section 1. The Constitutional Commissions, which shall be independent, are

the Civil Service Commission, the Commission on Elections, and the
Commission on Audit."

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.
 :
CHRONOLOGY
CHRONOLOGY OF OF THE
THE EVENTS
EVENTS OF
OF
THE
THE MAKING
MAKING OF
OF 1987
1987
March 25, 1986 CONSTITUTION
CONSTITUTION
- President Aquino decided to draft a new constitution and issued
Proclamation No. 3.
 
October 12, 1986
- the Commission finished the Final draft.
 
October 15, 1986
- the Commission presented it to President Corazon Aquino.
 
February 2, 1987
- a National Plebiscite was held after a nationwide information
campaign on the draft constitution.
 :
CHRONOLOGY
CHRONOLOGY OF OF THE
THE EVENTS
EVENTS OF
OF
THE
THE MAKING
MAKING OF
OF 1987
1987
February 8, 1987 CONSTITUTION
CONSTITUTION
- The constitution was ratified by a nationwide plebiscite on .

The results of the 1987 plebiscite canvassed by the Commission on

Elections based on returns from 83,288 precincts – or a total of
21,785,216 votes – across the Philippines are as follows:
Number of votes
Affirmative votes 16,622,111 (76.30%)
Negative votes 4,953,375 (22.74%)
Abstentions 209,730 (0.96%)

February 11, 1987

- Aquino announced the results of the plebiscite and proclaimed the
1987 Philippine Constitution ratified.
 1
Salient
Salient
The preamble of the 1987 Constitution
retained some of the words of the previous
constitutions. However, the word “Divine

\F
FEATURE
EATURE
of the
Providence” in the 1935 Constitution was
replaced by the word “Almighty God” and
new words were included such as “a just

1987
and humane society”, “aspirations”, “rule of
law”, “regime of truth”, “freedom”, and
“love”. The term “general welfare” was
replaced by the term “common good” and
the word “independence” which was found
CONSTITUTION in the 1935 Constitution was used again.
 2
Salient
Salient
F
FEATURE
EATURE
The provision on National Territory is
almost similar with the inclusion of
new words like “sovereignty or
\ of the
jurisdiction”, “terrestrial”
“fluvial”. The word “airspace” was
and

1987
charged to “aerial domains”. The
phrase “historic right or legal title” in
the 1973 Constitution was removed.

CONSTITUTION
 3
Salient
Salient
The 1987 Constitution has provided
mechanisms to prevent the rise again of
a new dictator.

\F
FEATURE
EATURE
oLimits the number of days in declaring martial
law.
of the oGrounds for the said declaration and suspension
is limited only to invasion and rebellion.

1987
oIt empowers the Congress to revoke the
proclamation of martial law.
oIt empowers the supreme court to determine the
sufficiency of the grounds.

CONSTITUTION oProvisions against degrading punishment,

torture, secret detention places and freedom
from detention.
oCreated the Commission on Human Rights
 4
Salient
Salient
F
FEATURE
EATURE
It included a
\ of the
provision on
“initiative and
1987
CONSTITUTION
referendum”
 5
Salient
Salient
F
FEATURE
EATURE
Provides more
\ of the
democratic
representation
1987
CONSTITUTION
in the lower
house.
 198
PP RR EE AA MM BB LL EE

7
“We,
“We, the
the sovereign
sovereign Filipino
Filipino people,
people, imploring
imploring the
the aid
aid
of
of Almighty
Almighty God,
God, In
In order
order to
to build
build aa just
just and
and humane
humane
society
society and
and establish
establish aa government
government that
that shall
shall embody
embody
our
our ideals
ideals and
and aspirations,
aspirations, promote
promote the
the common
common good,
good,
conserve
conserve andand develop
develop ourour patrimony,
patrimony, andand secure
secure to to
ourselves
ourselves and and ourour posterity
posterity thethe blessings
blessings of of
independence
independence and and democracy
democracy under
under the
the rule
rule of
of law
law
and
and aa regime
regime of
of truth,
truth, justice,
justice, freedom,
freedom, love,
love, equality,
equality,
and
and peace,
peace, do do ordain
ordain andand promulgate
promulgate this this
constitution.”
constitution.”
ational 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
State Principle
The 1987 Constitution has the following state principles and policies:

and Policies
1. 3.
The Philippines as a
Supremacy of civilian over
democratic and
military
republican state

2. Renounciation of war
4. Prime duty of the
government.
State Principle
The 1987 Constitution has the following state principles and policies:

and Policies
5. Essential blessings of
democracy 7. Independent foreign
policy

6. Separation of church
and state 8. Freedom from nuclear
weapons
State Principle
The 1987 Constitution has the following state principles and policies:

and Policies
9. Just and dynamic social
order 11. Dignity of every human
person and guarantees
full respect for human
rights.
-forever-\PPTs\CL.pptx#16. PowerPoint Presentation

10. Promotion of social

justice 12. Sanctity of the family
State Principle
The 1987 Constitution has the following state principles and policies:

and Policies
13. national building 15.
Vital role of the youth on Promotion of the right to
health of the people

14. Role of women on

national building 16. Balance and healthful
ecology
State Principle
The 1987 Constitution has the following state principles and policies:

and Policies
19.
Education, science and

17. technology, arts, culture,

and sports.
Self- reliant and
independent national
economy

18. Labor as a primary

social economic force. 20. Indispensable role of the
private sector
State Principle
The 1987 Constitution has the following state principles and policies:

and Policies Encouragement on non-

21. 23.
Promotion of
comprehensive rural governmental, community-
development and based, or sectorial
agrarian reform organization.

22. 24.
Promotion of the rights Vital role of
of indigenous cultural communication and
communities. information in nation-
building.
State Principle
The 1987 Constitution has the following state principles and policies:

and Policies
25. 27.
Autonomy of local Maintenance of honesty
government and integrity in the public
service.

26. 28.
Equal access to Policy of full public
opportunities for public disclosure of all its
service. transactions involving
public interest
Who are the citizens
Of the Philippines ?
1)
1) Those
Those who
who are
are citizens
citizens ofof the
the Philippines
Philippines at
at the
the
time
time of
of the
the adoption
adoption of
of this
this constitution
constitution

2)
2) Those
Those whose
whose fathers
fathers or
or mothers
mothers are
are citizens
citizens of
of the
the
Philippines.
Philippines.

3)
3) Those
Those born
born before
before January
January 17,
17, 1973,
1973, ofof Filipino
Filipino
mothers,
mothers, who
who elect
elect Philippine
Philippine citizenship
citizenship upon
upon
reaching
reaching the
the age
age of
of majority.
majority.

4)
4) Those
Those who
who are
are naturalized
naturalized in
in accordance
accordance with
with law.
law.
 :
Rights guaranteed
by the

1987
Constitution
rights-of-1987-consti.p
ptx
 Suffrag
\
Section
Section1.
1.
e
Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law, who are at least eighteen
years of age, and who shall have resided in the Philippines
for at least one year and in the place wherein they propose
to vote for at least six months immediately preceding the
election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.
 
 Suffrag
\ e
Section
Section2.
2.

The Congress shall provide a system for securing the

secrecy and sanctity of the ballot as well as a system for
absentee voting by qualified Filipinos abroad. The Congress
shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons.
Until then, they shall be allowed to vote under existing laws
and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.
•
Legislative branch
Legislative
Legislative Power
•
•
•
branch
Power of taxation
Power to declare the existence of state war
Power to override the veto of the President
• Confirmation Power
• Power to define, prescribe, and apportion the jurisdiction of the
various courts
• Revoke or extend the proclamation of atrial law or suspension of the
privilege of the writ of habeas corpus
• Concur treaty and concur the grant of amnesty
• Conduct inquiries in aid of legislation
• Power to prescribe the qualifications of judges of lower courts
• Power of impeachment
 Executive
Executive branch
branch
• Control power • Supervision over local
• Military power government units and
a. Commander-in-Chief of the AFP
b. Declare martial law
autonomous regional
c. Suspend the privilege of the writ of the governments
habeas corpus • Pardoning power
d. Call armed forces to prevent or suppress
lawless violence, invasion, or rebellion a. Grant reprieves
b. Grant commutation of
sentence
• Power of appointment c. Grant pardon
• Veto power d. Remit fines and forfeitures
• Diplomatic power e. Grant amnesty
• Contract and guarantee foreign • Residual power
and domestic loans • Power to call Congress to a
• Addressing power special session
 Judiciary
Judiciary branch
branch
Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public
ministers, and consuls, and over petitions for certiorari, provision, mandamus
quo warranto, and habeas corpus.

(2) review and revise, reverse, modify, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide final judgments and decrees of inferior court
in-
a.) all cases in which the constitutionality or validity of any treaty, executive
agreement, law , ordinance or executive order or regulation is a question.
b.) all cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
c.) all cases in which the jurisdiction of any inferior court is in issue.
d.) all criminal cases in which the penalty imposed is death or life imprisonment.
e.) all cases in which only an error or question of law is involved.

 
 Judiciary
Judiciary branch
branch
Supreme Court shall have the following powers:
(3) Assign temporarily judges of inferior courts to other stations as public
interest may require.

(4) order to change venue or place of trial to avoid miscarriage of justice.

(5) promulgate rules concerning pleading, practice, and procedure in all courts
and the admission to the practice of law.

(6) appoints its officials and employees in accordance with the Civil Service
Law.
•Power to determine the constitutionality of treaty, international or
executive agreement or law
•Discipline/dismiss judges of lower courts
•Administrative supervision over all courts and the personnel
 
 QUALIFICATIONS LEGISLATIVE BRANCH EXECUTIVE BRANCH JUDICIARY BRANCH
Citizenship Natural-born citizen Natural-born citizen Natural-born citizen
Age Requirement  At least 35 At least 40 years of age At least 40 years of age
years of age –
for Senators
 At least 25
years of age –
for District
Representatives
and Party-list
Representatives
Voter Registration Registered voter Registered voter None
Requirement
Literacy Requirement Able to read and write Able to read and write
Residency  Resident for a Resident of the None
Requirement period of not Philippines at least 10
less than 2 years
years – for
Senators
 Resident for a
period of not
less than 1 year
– for District
Representatives
Other Requirements None None At least 15 years or
more a judge of a
lower court or engaged
in the practice of law in
the Philippines.
 Amendments to the
Constitution
There are three possible methods by which the Constitution
can be amended: a Constituent Assembly (Con-Ass),
Constitutional Convention (Con-Con), or People's Initiative. All
three methods require ratification by majority vote in a
national referendum.
 
Following the administration of Corazon Aquino, 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 Jose Almonte.
 
• The second attempt was in 1997 by the the Pedrosa couple who creates
a group called PIRMA.
 
• The third attempt was during the presidency of Joseph Ejercito Estrada.
 
• The fourth attempt was during after the Presidency of Joseph Ejercito
Estrada, under the administration of Gloria Macapagal-Arroyo.
 
• The fifth attempt was from then-Speaker of the House Feliciano Belmonte
Jr.

• The last attempt was on our country's recent administration which is

under President Rodrigo Duterte.
 AW S C
o TICIS
RI
So FL
M

:constitu
me
of
of
the
the
r
 There is no enabling law to end
1 political dynasties.

Vague provision on how to revise and

2 amend the constitution.

Revocation and extension of the

3 duration of martial law is a numbers
game.

Impeachment process is also a

4 numbers game.
 The principle “Separation of Church
5 and State” has no enabling law.

Some grounds of impeachment are vague

6 and open to abuse

The commission on Human Rights is

7 a Lame duck agency.

The judiciary is not totally

8 “independent”.
 The right of the people to information
9 on matters of public concern is not
“fully” recognized.

1 Party-list system was abused.

0
1 Vice President has no clear
powers, functions, and duties.
1