1987 Philippine Constitution

By:
Atty: Edwin C. Dumalogdog
 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:
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.
 Article 1. 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 2. Declaration of Principles and
State Policies
Article 2 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:
1. the Philippines is a democratic republic
2. renunciation of war as a form of national policy
3. supremacy of civilian over military authority
4. separation of church and state
5. pursuit of an independent foreign policy
6. abrogation of nuclear weaponry
7. family as the basic unit of the state
8. role of youth and women in nation-building
9. autonomy of local governments
10.equal opportunity for public services and the prohibition of political
dynasties
 Article 3. Bill of Rights
• Article 3 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:
1. a right to due process and equal protection of law
2. a right against searches and seizures without a warrant
issued by a judge
3. a right to privacy
4. The right to freedom of speech and expression, freedom of
the press, freedom of assembly, and the right to petition
5. The free exercise of religion
6. a right of abode and the right to travel
7. a right to information on matters of public concern
8. a right to form associations
9. a right of free access to courts
10. the right to remain silent and to have competent legal
counsel
11. a right to bail and against excessive bail conditions
12. a right to habeas corpus
13. the right to a speedy trial
14. the right against self-incrimination
15. the right to political beliefs and aspirations
16. a prohibition against cruel, degrading, or inhuman
punishment
17. protection against imprisonment for debt
18. the right against double jeopardy
19. prohibition of ex post facto laws and bills of attainder.
- 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 4. Citizenship
Article 4 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 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 5. Suffrage
• Article 5 provides for the qualification to vote
and for a system of the secrecy of the ballot
and absentee voting, and mandates a
procedure for the disabled and illiterate to
vote.
 Article 6. Legislative Department
Article 6 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,[1]
 the power to declare the existence of a state
of war,[2] the power of the purse,[3] the power
of taxation,[4] and the power of eminent
domain
 Article 7. Executive Department
Article 7 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 8. Judicial Department
Article 8 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 may only
appoint nominees pre-selected by the Judicial and Bar
Council, a body composed of the Chief Justice of the
Supreme Court, the Secretary of Justice, the Chairs of
the Senate and House Committees on Justice, and
representatives from the legal profession.
Article 9 establishes three constitutional commissions:
the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.
Article 10. Local Government
Article 10 pursues for local autonomy and mandates
Congress to enact a law for the local government, now
currently the Local Government Code.
Article 11. Accountability of Public Officers
Article 11 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 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