2. Constitutions of the Republic of the Philippines
a. Malolos Constitution (1st Republic)
b. 1935 Constitution (Commonwealth Constitution)
c. 1973 Constitution (Marcos or Martial Law Constitution)
d. 1987 Constitution (Freedom Constitution)
3. The 1987 Constitution
President Corazon Aquino in April
1986 created – through Proclamation
No. 9 – the 1986 Constitutional
Commission (ConCom), which was
responsible for drafting a replacement
for the 1973 Constitution.
The new constitution, she said, should
be “truly reflective of the aspirations
and ideals of the Filipino people.”
4. The 1987 Constitution
The 1986 ConCom was composed of 48 individuals who represented all sectors in the country,
including:
• Bishop Teodoro Bacani
• former Supreme Court chief justice Roberto Concepcion
• former labor minister (and eventually senator and foreign affairs secretary) Blas Ople
• Ateneo De Manila University president Father Joaquin Bernas SJ
• University of the Philippines Student Council Chairperson (now Commission on Human
Rights chair) Chito Gascon
The first session of the commission was held on June 2, 1986 when Cecilia Muñoz-Palma, the
first woman appointed to the Supreme Court in 1973, was elected president of ConCom.
5. Several issues were the subject of heated
discussions within ConCom
The proceedings in relation to the drafting of the 1987 Philippine Constitution – just like other
important legal documents in the country – were in no doubt not without conflict.
According to accounts, members of the ConCom engaged in heated debates during the various
sessions on many issues, including the death penalty, economic policies, land reform, form of
government, and even the retention of American military bases in Clark and Subic, among
others.
The ConCom was able to finish its work after more or less 111 days, according to Palma. On
October 12, 1986, the draft constitution was passed – with 44 delegates voting for it and two
against – and was presented to Aquino 3 days after.
6. More than ¾ of votes were in favor of the
ratification of the 1987 Philippine Constitution
On February 2, 1987, a National Plebiscite was held after a nationwide information campaign on the
draft constitution.
The question voters had to answer was: "Do you vote for the ratification of the proposed Constitution
of the Republic of the Philippines with the ordinance appended thereto?"
7. Number of votes
Affirmative votes 16,622,111 (76.30%)
Negative votes 4,953,375 (22.74%)
Abstentions 209,730 (0.96%)
On February 11, 1987, through Proclamation No. 58, Aquino announced
the results of the plebiscite and proclaimed the 1987 Philippine
Constitution ratified. It took effect the same day.
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:
8. 1987 Constitution
ARTICLE I National Territory
ARTICLE II Declaration of Principles
& State Policies
ARTICLE III Bill of Rights
ARTICLE IV Citizenship
ARTICLE V Suffrage
ARTICLE VI Legislative Department
ARTICLE VII Executive Department
ARTICLE VIII Judiciary Department
9. 1987 Constitution
ARTICLE IX Constitutional Commissions
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
10. Basic Principles Underlying
the New Constitution
1. Recognition of the Aid of Almighty
God
2. Sovereignty of the People
3. Renunciation of war as an
instrument of national policy
4. Supremacy of civilian authority over
the military
5. Separation of Church and State
11. Basic Principles Underlying the New
Constitution
6. Recognition of the importance of the family
as basic social institution and of the vital role of
youth in nation building
7. Guarantee of human rights
8. Government through suffrage
9. Separation of Power
10. Independence of Judiciary
12. Basic Principles Underlying the
New Constitution
11. Guarantee of local autonomy
12. High sense of public service
morality and accountability
13. Nationalization of natural
resources and certain private
enterprises affected by public
interest
14. Non – suability of the state
15. Rule of the majority; and
16. Government of laws and not
men.