The Constitution of the Republic of the Philippines

• Constitution


  • The highest law of the land
  • The body of doctrines and practices that form the fundamental organizing principle of a political state
  • The foundation of the system of government
  • Creates the branches, powers, and responsibilities of the government
  • Defines the branches of the government; tells its power and its limitations
• Government is a group of people, for the people, and by the people
• Purpose of the Constitution

  • Organizing and dispersing powers
  • Expressing identity
  • Limiting and directing state powers
  • Recognizing international law
• Dispersing powers


  • Check and balance
  • Separation of powers
• Identity of the Philippines

  Democratic and republic
• Pillars of Philippine Foreign Policy

  • National security
  • Economic security
  • OFW security
• Importance of the Constitution

  • Maintain law and order
  • Impose rules and regulations
  • Protect individual rights and freedom
  • Limits the power of the government
• Well crafted constitution


  • Broad - comprehensive and must cover all areas
  • Brief - less open to subjective interpretation, short, and not wordy
  • Definite - must be final
• How constitutions are made, changed, and replaced

  1. Constitutional convention writes the constitution

  2. Draft constitution or amendments/revisions submitted to a plebiscite for ratification

  3. Results considered and followed by the government
• Constitutions of the Philippines

  • 1899 Malolos Constitution
  • Acts of the United States Congress (1901-1935)
  • 1935 Commonwealth Constitution
  • 1943 Japanese-Sponsored Constitution
  • 1973 Constitution
  • 1986 Freedom Constitution
  • 1987 Constitution
• 1899 Malolos Constitution


  • Approved on May 1899
  • Inspired by constitutions of Mexico, Belgium, Guatemala, Costa Rica, Brazil, and France
  • Headed by 1st president Emilio Aguinaldo
  • Installed the First Philippine Republic
  • First Republican constitution in Asia
  • Not widely used, not spread, short-lived, not so clear
• Main Provisions of 1899 Malolos Constitution

  • Sovereignty resides exclusively in the people
  • Stated Basic Civil Rights
  • Separated the Church and State
  • Called for the creation of an assembly of representatives to act as a legislative body
  • Called for a Parliamentary Republic as the form of the government
  • President was elected for a term of four years by a majority of the assembly
• Acts of the United States Congress (1901-1935)


  • The Philippine Organic Act of 1902 - Cooper Act: Provided for the creation of a popularly elected Philippine Assembly
  • The Philippine Autonomy Act of 1916 - Jones Law: Stated that the purpose of the United States is to renounce their sovereignty over the Philippine Island, modified the structure of the Philippine government legislature
• 1935 Commonwealth Constitution


  • Framing was a momentous event for the Filipino people
  • Manuel Quezon was elected as the president of the Commonwealth
• Main Provisions of 1935 Commonwealth Constitution


  • Provided for a unicameral legislature composed of a president and a vice president elected for a six year term without reelection; later changed to 4 years with 2 terms
  • Amended in 1940 to provide for a bicameral legislature composed of a Senate and a House of Representatives
  • The creation of an independent Electoral Commission
• 1943 Japanese-Sponsored Constitution


  • Recognized as legitimate and binding only in Japanese controlled areas of the Philippines
  • It created a Republic with three offices, the power of government was concentrated with the President, and Tagalog was declared the national language
  • Ignored by the US, and was abolished upon the liberation of the PH by American forces in 1945 and the reestablishment of the Commonwealth in the Philippines
• Presidents under the 1935 Constitution

  • Manuel L. Quezon
  • Sergio Osmeña
  • Manuel A. Roxas
  • Elpidio Quirino
  • Ramon Magsaysay
  • Carlos P. Garcia
  • Diosdado Macapagal
  • Ferdinand Marcos Sr.
• 1973 Constitution


  • Provided for the shift from a presidential to a parliamentary system of government
  • In the 1980 amendment, the retirement age of the members of the judiciary was extended to 70 years
  • Promulgated after Marcos declared martial law
  • Legislative power was vested in a unicameral National Assembly whose members were elected for six years terms
• 1986 Freedom Constitution


  • The Transitional Constitution that would last a year while the new constitution was being drafted
  • Shortest of all the Philippine Constitutions
• Main Provisions of 1986 Freedom Constitution

  • Granted the President broad powers to reorganize government and remove officials
  • Establishes the Philippines as a "democratic and republican state" where "sovereignty resides in the people and all government authority emanates from them"
  • Adopted some provisions of the 1973 Constitution, especially the Bill of Rights
• 1987 Constitution


  • Restores the bicameral Congress of the Philippines composed of a Senate and House of Representatives
  • A modified Bill of Rights (Article III) detailed the rights of every Filipino citizen
  • The creation of a Commission on Human Rights
  • The recognition of an ARMM (BARMM now)
  • The Local Government Code was established
• Presidents under the 1987 Constitution

  • Corazon C. Aquino
  • Fidel V. Ramos
  • Joseph Estrada
  • Gloria M. Arroyo
  • Benigno Aquino III
  • Rodrigo R. Duterte
  • Ferdinand Marcos Jr. (BBM)
• 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.'
• Articles of the 1987 Constitution

  • 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 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