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Comprehensive Overview of the 1987 Philippine Constitution and Its Historical Evolution

Explore the 1987 Philippine Constitution's principles, historical background, and evolution from earlier constitutions, highlighting its role in democracy, governance, and citizen rights.

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Prepared by: Teacher Krizia Leah THE 1987 PHILIPPINE CONSTITUTI ON WEEK 4
L E A R N I N G O B J E C T I V E S • Explain how the 1987 Philippine Constitution acts as a social contract by tracing the evolution of democratic politics and analyzing the foundational values within the Preamble and Article II. • Reflect on the personal and societal value of living under a constitutional democracy where political authority flows upward from the citizens, not downward from the rulers. • Create a collaborative visual symbol or a real-life scenario representation (tableau/role-play) that illustrates how constitutional principles manifest or are violated in active governance.
WHAT IS A CONSTITUTION? • A constitution is primarily a set of rules and principles specifying how a country should be governed, how power is distributed and controlled, and what rights citizens possess.
WHAT IS A CONSTITUTION? • It is a set of fundamental principles or established precedents according to which a state or organization is governed. • The word itself means “ to be part of a whole”, the coming together of distinct
THE 1987 PHILIPPINE CONSTITUTI ON
THE 1987 CONSTITUTION • The 1987 Philippine Constitution is the supreme law of the land. • It establishes the structure of the Philippine government. • It defines the powers and limitations of the government. • It guarantees the fundamental rights and freedoms of every Filipino through the Bill of Rights (Article III). • All laws and government actions must conform to the Constitution.
HISTORICAL BACKGROUND • The current supreme law of the land was drafted in 133 days by a 48-member Constitutional Commission. It was overwhelmingly ratified by the Filipino people in a nationwide plebiscite on February 2, 1987 and it took effect on February 11, 1987. • Drafted after the 1986 People Power Revolution (EDSA Revolution), which ended the dictatorship of President Ferdinand Marcos Sr. • Created under the administration of Corazon Aquino to restore democracy and protect human rights.
PURPOSE OF THE CONSTITUTION • Establish a democratic government. • Protect the rights and freedoms of every citizen. • Ensure justice, peace, and equality. • Prevent the abuse of government power. • Promote the common good and national development.
1987 PHILIPPINE CONSTITUTION AS A SUPREME LAW • No law may contradict its provisions. • Government officials must follow it. • Courts can declare unconstitutional laws or actions that violate it. • It serves as the foundation of all
IMPORTANCE OF THE 1987 PHILIPPINE CONSTITUTION • Protects democracy. • Safeguards human rights. • Promotes the rule of law. • Limits government power. • Ensures accountability of public officials. • Guides the nation toward peace, justice, and development
MAJOR PARTS OF THE CONSTITUTION The Constitution has 18 Articles, including: • Article I – National Territory • Article II – Declaration of Principles and State Policies • Article III – Bill of Rights • Article IV – Citizenship • Article VI – Legislative Department • Article VII – Executive Department • Article VIII – Judicial Department • Article IX – Constitutional Commissions • Article X – Local Government
EVOLUTION OF PHILIPPINE CONSTITUTI ON
There were only three other constitutions that governed the country: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. However, there were earlier constitutions attempted by the Filipinos in the struggle to break free from the colonial yoke.
1897: CONSTITUTION OF THE BIAK-NA- BATO ⮚ Emilio Aguinaldo established his headquarters in Biak-na-Bato in Bulacan province. The news immediately spread throughout the country, and the revolutionaries were once more in high spirits. General llanera, who was in Nueva Ecija, declared his support for Aguinaldo. In July 1897, Aguinaldo established the Biak-na-Bato Republic and issued a proclamation stating the following demands: 1. Expulsion of the friars and the return of the friar lands to the Filipinos 2. Representation of the Philippines in the Spanish Cortes 3. Freedom of the press and of religion 4. Abolition of the government’s power to banish Filipinos 5. Equality for all before the law.
1897: CONSTITUTION OF THE BIAK-NA- BATO ⮚ • The Constitution of Biak-na-Bato was the provisionary Constitution of the Philippine • Republic during the Philippine Revolution. • It was promulgated by the Philippine Revolutionary Government on 1 November 1897. • The Constitution was written by Isabelo Artacho and Felix Ferrer in Spanish
1897: CONSTITUTION OF THE BIAK-NA- BATO ⮚ • The organs of the government under the Constitution were: 1. the Supreme Council (President, & 4 department secretaries; The Interior, the Foreign Affairs, Treasury and War) 2. the Consejo Supremo de Gracia Y Justicia (Supreme Council of Grace and Justice) 3. the Asamblea de Representantes ( Assembly of Representatives) •  The Filipino’s and the Spaniards did not trust each other. As a result, periodic clashes between the two groups still took place even after Aguinaldo’s departure from the country. The Spanish did not pay the entire agreed amount.
1897: CONSTITUTION OF THE BIAK-NA- BATO ⮚ The separation of the Philippines from the Spanish monarchy and their formation into an independent state with its own government called the Philippine Republic has been the end sought by the Revolution in the existing war, begun on the 24th of August, 1896; and therefore, in its name and by the power delegated by the Filipino people, interpreting faithfully their desires and ambitions, we the representatives of the Revolution, in a meeting at Biak-na-Bato, November 1, 1897, unanimously adopted the following articles for the constitution of the Preamble of the Biak-na-Bato Constitution
1899: Malolos Constitution Emilio Aguinaldo issued a decree on July 18, 1898 asking for the election of delegates to the revolutionary congress, another decree was promulgated five days later, which declared that Aguinaldo would appoint representatives of congress because holding elections is not practical at that time. The following were among the most important achievements of the Malolos Congress: 1. In September 29, 1898, ratified the declaration of Philippine independence held at Kawit, Cavite on June 12, 1898 2. Passage of a law that allowed the Philippines to borrow P 20 million from banks for government expenses 3. Establishment of the Universidad Literatura de Filipinas and other schools 4. Drafting of the Philippine Constitution
1899: Malolos Constitution • The newly reformed Philippine revolutionary forces reverted to the control of Aguinaldo, and the Philippine Declaration of Independence was issued on 12 June 1898, together with several decrees that formed the First Philippine Republic. •  The Malolos Congress was elected, which selected a commission to draw up a draft constitution on 17 September 1898, which was composed of wealthy and educated men •  The document was approved by the Congress on 29 November 1898, and promulgated by Aguinaldo on 21 January 1899 and was titled “The Political Constitution of 1899” written in Spanish •  The document was patterned after the Spanish Constitution of 1812, with influences from the charters of Belgium, Mexico, Brazil, Nicaragua, Costa Rica, Guatemala, and the French Constitution of 1793.
We, the Representatives of the Filipino People, lawfully convened, in order to establish justice, provide for common defense, promote the general welfare and insure the benefits of liberty, imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have voted, decreed, and sanctioned the following political constitution. Preamble of the Political Constitution of 1899 1899: Malolos Constitution
KEY POINTS • Promulgated: January 21, 1899 • Principal Author: Felipe Calderón • Government: Democratic Republic • Legislature: Unicameral Assembly of Representatives • President: Four-year term, no Vice President • Recognized: Popular sovereignty, civil rights, and separation of Church and State • Not fully implemented because of the Philippine-American War and American occupation.
1935: THE COMMONWEALTH Constitution • The Commonwealth era is the 10-year transitional period in Philippine history from 1935 to 1945 in preparation for independence from the United • States as provided for under the Philippine Independence Act or more popularly known as the Tydings-McDuffie Law. The Commonwealth government was headed by Manuel L. Quezon and Sergio S. Osmeña.
1935: THE COMMONWEALTH Constitution Before the Tydings-McDuffie Act, several acts were first passed; 1. The Philippine Organic Act of 1902 which created the Philippine Assembly and that the legislative power be vested in the bicameral legislature (Philippine Commission as the upper house &Philippine Assembly as the lower house) 2. Philippine Autonomy Act ( Jones Law) – removal of the Philippine Commission and replacing it with a Senate, where the members are elected by Filipino voters. This act also explicitly declared the purpose of the U.S to end their sovereignty and recognize the Philippine independence as soon a stable government can be established.
1935: THE COMMONWEALTH Constitution • 1932 - many efforts of the Filipino independence mission led by Sergio Osmeña and Manuel Roxas, the United States Congress passed the Hare-Hawes-Cutting Act with the promise of granting Filipino's independence. - was opposed by then Senate President Manuel L. Quezon and consequently rejected by the Philippine Senate. • 1934 - Tydings - McDuffie Act, also known as the Philippine Independence Act, was passed by the United States Congress that provided authority and defined mechanisms for the establishment of a formal constitution by a constitutional convention, members of which were elected and held their first meeting on July 30, 1934, with Claro M. Recto unanimously elected as president.
1935: THE COMMONWEALTH Constitution • The Constitution was crafted to meet the approval of the United States government, and to ensure that the United States would live up to its promise to grant independence to the Philippines. •  Commonwealth is a traditional administration to prepare the country toward its full achievement of independence. It originally provided for a unicameral National Assembly with a President and Vice President elected to a six-year term without re-election. It was amended in 1940 to have a bicameral congress (a Senate and a House of Representatives. •  The draft of the constitution was approved by the constitutional convention on 8 February 1935, and ratified by then U.S. President Franklin B. Roosevelt on 25 March 1935. •  The Commonwealth was briefly interrupted by the events of the World War II, with the Japanese occupying the Philippines.
The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this constitution. Preamble of the 1935 Commonwealth 1935: THE COMMONWEALTH Constitution • The Commonwealth was briefly interrupted by the events of World War II, with the Japanese occupying the Philippines. Afterward, upon liberation, the Philippines was declared an independent republic on July 4, 1946.
1973 CONSTITUTION In 1965, Ferdinand E. Marcos was elected President. In 1967, Congress approved a resolution to hold a Constitutional Convention to revise the 1935 Constitution. Marcos won re-election in 1969, although his campaign was criticized for excessive spending and the use of government funds. Declaration of Martial Law (1972) • Before the convention finished its work, Marcos declared Martial Law in 1972, claiming there was a growing communist insurgency. • Many convention delegates were arrested, forced into hiding, or went into exile. • Marcos heavily influenced the drafting of the new constitution to strengthen and extend his power. • On November 29, 1972, the Constitutional Convention approved the proposed 1973 Constitution.
MAIN FEATURES OF THE 1973 CONSTITUTION The new constitution introduced a parliamentary form of government. Legislative Branch—a unicameral National Assembly replaced Congress. —Members served six-year terms. President- served as the ceremonial head of state, chosen from the National Assembly. -six-year term with unlimited re-election. Prime Minister- became the head of government, held executive power. - also served as Commander-in-Chief of the Armed Forces. - lected from the National Assembly. Note: Although it was designed as a parliamentary system, it
FALL OF MARCOS REGIME Fall of the Marcos Regime • 1983: Benigno Aquino Jr. was assassinated, sparking widespread public outrage. • 1986: Marcos held a controversial snap election, which was widely viewed as fraudulent. • The People Power Revolution forced Marcos and his family into exile. • Corazon Aquino became President on February 25, 1986, ending Marcos' authoritarian regime.
1987 CONSTITUTION ( CONSTITUTION AFTER THE MARTIAL LAW Established the Philippines as a “democratic-republican state” where “sovereignty resides in the people and all government authority emanates from them”. • It allocates governmental powers among the executive, legislative and judicial branches of the government. • Legislative power resides in a Congress divided into two-houses; the Senate which is compose of 24 senators, who are elected and can serve no more than 2 consecutive 6-year term and the House which is composed of district representatives. Facts about the 1987 Constitution • The Philippine Court System is vested with power of the judiciary and is composed of a Supreme Court which is a 15- member court appointed by the President and lower courts. The 1987 Constitution was ratified on February 2, 1987.
1987 CONSTITUTION ( CONSTITUTION AFTER THE MARTIAL LAW • President Corazon Aquino’s government had three options regarding the constitution: revert to the 1935 Constitution, retain the 1973 Constitution and be granted power to make reforms, or start anew and break from the “vestiges of a disgraced dictatorship.” They decided to make a new constitution that, according to the president herself, should be “truly reflective of the aspirations and ideals of the Filipino people.” • ​ March 1986 - President Aquino proclaimed a transitional constitution to last for a year while a Constitutional Commission drafted a permanent constitution. This transitional constitution, called the Freedom Constitution, maintained many provisions of the old one, including in rewritten form the presidential right to rule by decree.
1987 CONSTITUTION ( CONSTITUTION AFTER THE MARTIAL LAW Major Features of the 1987 Constitution • Contains a Preamble and 18 Articles. • Declares the Philippines a democratic and republican State. • Sovereignty belongs to the people. • Establishes the separation of powers among the: Executive, Legislative, Judicial branches
1987 CONSTITUTION ( CONSTITUTION AFTER THE MARTIAL LAW The new Constitution begins with a preamble and eighteen self-contained articles. ​ - It established the Philippines as a “democratic republican State” where “sovereignty resides in the people and all government authority emanates from them.” ​ - It allocates government powers among the executive, legislative, and judicial branches of the government.
1987 PHILIPPINE CONSTITUTIO N AS A SOCIAL CONTRACT
WHAT IS A SOCIAL CONTRACT ? • A social contract is an agreement among people to form a society and establish a government. • People agree to give up some individual freedoms so that everyone can enjoy peace, order, and security. • In return, the government must protect the rights and welfare of the people.
WHAT IS A SOCIAL CONTRACT ? • The idea comes from the social contract theory, developed by philosophers such as Thomas Hobbes, John Locke, and Jean- Jacques Rousseau. They believed that people agree to form a government to maintain order and protect their rights. In return, the government must govern fairly and within the limits of the law.
THE 1987 CONSTITUTION AS A SOCIAL CONTRACT • The 1987 Philippine Constitution as a Social Contract means that the Constitution is an agreement between the people and the government. In this agreement, the people give the government the authority to govern, while the government promises to exercise its powers according to the Constitution, protect the rights of the people, and promote the common good.
THE 1987 CONSTITUTION AS A SOCIAL CONTRACT • The Constitution is often described as the fundamental law of the land. In a deeper sense, it may also be understood as a social contract: a foundational political and legal covenant by which the people organize themselves into a state, define the powers of government, limit those powers, protect liberties, and express the values by which public life is to be governed. In the Philippine context, this idea has special force. Philippine constitutionalism has been shaped by colonial experience, revolution, authoritarianism, democratization, and repeated efforts to restore the principle that all government authority comes from the people and exists for the people (Respicio, 2026).
✓ The people are the source of governmental authority. • As stated in the Preamble, the Constitution is ordained and promulgated by the Filipino people. • Government officials derive their power from the consent of the governed. Key Points:
✓ The Constitution limits government power. • The government cannot act beyond the powers granted by the Constitution. • Public officials must obey the law and respect constitutional limits. Key Points:
✓ The Constitution protects the rights of citizens. Through Article III (Bill of Rights), it guarantees fundamental rights such as: • Right to life, liberty, and property • Freedom of speech, expression, religion, and peaceful assembly • Right to due process and equal protection of the laws • Protection against unreasonable searches and seizures • Rights of persons under investigation and the accused. Key Points:
✓ Citizens also have responsibilities. • Obey the law. • Respect the rights of others. • Participate responsibly in democratic processes. • Help promote peace, justice, and the common good. Key Points:
PREAMBLE OF THE 1987 CONSTITUTION
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. THE PREAMBLE TO THE CONSTITUTION
PREAMBLE AS A SOCIAL CONTRACT • The Preamble is the introduction to the Constitution. It expresses the ideals, aspirations, and purposes of the Filipino people in establishing the government. • The Preamble reflects the social contract because it shows that the Filipino people voluntarily created the Constitution, established the government, and agreed to work together to achieve justice, democracy, peace, freedom, and the common good.
WHY IS PREAMBLE A SOCIAL CONTRACT? The Preamble reflects the idea of a social contract because it shows that: • The Filipino people voluntarily established the Constitution. • Government authority comes from the people. • The Constitution is the people's agreement on how the country should be governed. • Both the government and the citizens have responsibilities to uphold the Constitution.
KEY PHRASES THAT REFLECT PREAMBLE AS A SOCIAL CONTRACT "We, the sovereign Filipino people..." — The people are the highest source of political power. Government exists because of the people's consent. "...imploring the aid of Almighty God..." — Recognizes the nation's moral and spiritual values. "...do ordain and promulgate this Constitution." — The people themselves establish and adopt the Constitution as the supreme law of the land.
GOALS OF SOCIAL CONTRACT According to the Preamble, the Constitution aims to: • Build a just and humane society • Establish a government that promotes the common good • Preserve and develop the nation's heritage • Secure the blessings of independence and democracy • Promote the rule of law • Ensure truth, justice, freedom, love, equality, and peace These are the shared goals that the people agree to
RESPONSIBILITIES UNDER A SOCIAL CONTRACT Government: • Protect the rights of the people. • Enforce laws fairly. • Exercise power within constitutional limits. • Promote justice, peace, and public welfare. Citizens: • Obey lawful rules. • Respect the rights of others. • Participate responsibly in democracy. • Help achieve the nation's common goals.
WHY DO PEOPLE NEEDS A GOVERNMENT AND A CONSTITUTION? Without rules and government: • People may act only in their own interest. • Conflicts and disorder may arise. • Rights and safety may not be protected. By agreeing to live under a Constitution: — Society becomes more peaceful and organized. Laws are followed. People's rights are safeguarded.
WHY DO PEOPLE NEEDS A GOVERNMENT AND A CONSTITUTION? It is because the Constitution sets Limits and ensures that: • Government officials cannot abuse their power. • Government actions must follow the law. • Citizens' rights are respected. • Everyone is equal before the law.
• The 1987 Philippine Constitution is the supreme law of the land, serving as the foundation of the Philippine government and legal system. • It establishes the structure of government, defines its powers, and limits its authority to prevent abuse. • It guarantees the fundamental rights and freedoms of every Filipino through the Bill of Rights (Article III). 💡 KEY IDEAS:
• The Preamble reflects the idea of a social contract, where the Filipino people collectively establish the Constitution and authorize the government to govern on their behalf. • It emphasizes that sovereignty resides in the people, making them the ultimate source of governmental authority. • The Constitution embodies the people's shared commitment to justice, democracy, peace, equality, freedom, and the common good. 💡 KEY IDEAS:
• Most importantly, the Bill of Rights (Article III) guarantees the fundamental rights and freedoms of every Filipino, protecting individuals from abuses of power while upholding the rule of law. Ultimately, the • Constitution reminds both the government and its citizens that democracy thrives when rights are respected, laws are fairly enforced, and everyone works together to promote justice, equality, peace, and the common 💡 KEY IDEAS: