THE 1987

CONSTITUTION
INTRODUCTION

After the 1986 EDSA Revolution , the newly installed President Corazon
Aquino issued a Proclamation No. 9 creating the Constitutional
Commission of 1986 to draft a new constitution. On May 25, 1986, she
appointed the 48 members of the Constitutional Commision from a list of
persons nominated by various groups and individuals representing
different sectors of the society. After more the 110 days, the
Commission finally finish its task. On October 12, 1896, the
commissioners approved the draft constitution with a vote of 45 in favor
against 2 who are not in favor . On the same day, they presented it to the
President. February 2,1987, the draft if the new constitution was
submitted to the people for ratification in a plebiscite. Of the 25 million
registered voters, the “yes” votes garnered 17,059,495 while the “no”
had 5,058,714. On February 11, 1987, President Aquino issued
Proclamaton No. 58 declaring the new constitution has been ratified by
the Filipino people and is therefore effective and in full force and effect.
 Salient Features of the 1987 Constitution
1. The Preamble of the 1987 Constitution retained some of the words of the previous constitutions.
However, the word “Divine Providence” in the 1935 and 1987 Constitution was replaced by the “
Almighty God” and new words were included such as “ a just 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 in the 1935 Constitution
was used again.
2. The provision on National Territory is almost similar with the inclusion of new words like “ sovereighty
or jurisdiction” , “terrestrial” and “ fluvial”. The word “ airspace” was change to “ aerial domains”. The
phrase “ historic right of legal title” in the 1973 Constitution was removed.
3. The 1987 Constituion has provided mechanics to prevent the rise again of a new dictator. It limits the
number of days in declaring martial law or suspending the privilege of the writ of habeas corpus. The
grounds for the said declaration and suspension is limited only to invasion and rebellion. It also
empowers the Congress to revoke the proclamation of martial law or suspension of the privilege of
the writ habeas cospus. It also empowers the Supreme Court to determine the sufficiency of the
grounds of the said proclamation and suspension by the President. It also included provisions against
degrading punishment, torture, secret detention places, and freedom from detendtion by reason of
political belief. It created the Commission on Human Rights to prevent violations of human right.
4. It included a provision on “ initiative and referendum” wherein the people may directly propose or
enact laws.
5. It also provides a more democratic representation in the lower house ( House of representatives)
through the Party-List System.
PREAMBLE
“ 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 thruth,
justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.”
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 sovereighty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its
territorial sea , 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”.
State Principles and Policies
The 1987 Constitution has the following stafe principles and policies:

1.The Philippines as a democratic and republician State

2. Renounciation of war

3.Supermacy of civilian over military

4. Prime duty of the government

5.Essential blessings of democracy

6.Separation of Church and State

7. Independent foreign policy

8.Freedom from nuclear weapons

9.Just and dynamic social order

10. Promotion of social justice

11. Dignity of every human person and guarantees full respect for human rights

12.Santity of family life

13. Vital role of the youth in nation building

14.Role of women in nation building

15.Promotionof the right to health of the people

16. Balanced and healthful ecology

17.Education, science, and technology, arts, culture,and sports

18.Labor as a primary social economic force

19. Self-reliant and independent national economy

20. Indispensable role of the private sector

22. Promotion of the rights of indigenous cultural communities

23. Encouragement on non-governmental, community-based, or sectoral organizations

24. Vital role of communication and information in nation-building

25. Autonomy of local governments

26. Equal access to opportunities for public service

28. Policy of full public disclosure of all its transactions involving public interest

Who are Citizens of the Philippines?

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution.

2. Those whose father or mother are citizens of the Philippines.

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

4. Those who are naturalized in accordance with law

2. Right to due process of law

3. Right to equal protection of the laws

4. Right against unreasonable searches and seizures

5. Privacy of communication and correspondence

6. Freedom of speech

7. Freedom of expression

8. Freedom of the press

9. Right to peaceably assemble and petition the government

10. Freedom of religion

11. Liberty of abode and travel

12. Right to information on matters of public concern

13. Right to form unions, associations, or societies

14. Non-impairment of obligations of contracts

15. Free access to courts and quasi-judicial bodies

16. Miranda Rights

a. Right to be informed of his/her right to remain silent

b. Right to be informed of his/her right to have competent and independent counsel

c. Right to be informed that ig he/she cannot afford the services of a counsel, he/she will be
provided with one
d. Right to remain silent

e. Right to have competent and independent counsel

f. Right to be provided with a counsel, if he/she cannot afford the services counsel

g. Right to waive his/her right to remain silent

h. Right to waive his/her right to competent and independent counsel

i.Right against waive his/her right to be provided with a counsel, if he/she cannot afford the services of a counsel

17. Right against torture, force, violence, threat, indimidation, or any other means which vitiate free will

18. Right to be compensarte3d and rehabilitated for the infliction of torture and other similar practices

19. Right to bail and against execessive bail

20. Right of a person under criminal prosecution

a.Right to presumption of innocence

b. Right to be heard by himself/herself and counsesl

c. Right to be informed of the nature and cause of accusation against him/her

d. Right to speedy, impartial, abnd public trial

e. Right to meet the witnesses face to face

f. Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his/her trail

g. Right not to appear during his/her trial

21. Privilage of the writ of habeas corpus

22. Right to speedy disposition of cases

23. Right against self incrimination

24. Right to political belief and aspiration

26. Right against excessive fines

27. Right against cruel, degrading, and inhuman punishment

28. Non- imprisonment for debt and non-imprisonment for non payment of poll tax

29. Right against double jeopardy

Suffrage
“ 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 substantive requirement shall be imposed on the exercise of suffrage.”
Powers of the Three Branches of the
Government under 1987 Constitution
LEGISLATIVE POWER
1. Power of taxation

2. Power to declare the existence of state of war

3. Power to override the veto of the President

4. Confirmation power

5. Power to define, prescribe, and apportion the judistiction of the various court

6. Revoke or extend the proclamation of martial law or suspension of the proivillege of the writ of habeas
corpus

7. Concur Ireaty and conscur the grant of amnesty

8. Conduct inquires in aid of registration

9. Power to prescribe the qualifications of judges of lower courts

10. Power of impeachement

EXECUTIVE/PRESIDENT POWER
11. Control Power

12. Military power

a. Commander-in-chief of the AFP

b. Declare martial law

c. Suspend the privilege of the writ of the habeas corpus

d. Call armed forces to prevent or suppress lawless violence. Invasion, or rebellion

4. Veto Power

5.Diplomatic power

6. Contract and guarantee foreign and domestic loans

7. Addressing Power

8. Supervision over local government units and autonomous regional governments

9. Pardoning power

a.Grant Reprieves

b. Grant Communication of sentence

c. Grant pardon

d.Remit times and forfeitures

e. Grant amnesty

10.Residuak Power

11.Power to call congress to a special session

1. Exercise original jurisdiction over cases affecting ambassadirs other public ministers and consults and over petitions for
certiorari prohibition, mandamus quo warranto and habeas corpus.

2. Reviewand revise, reverse, mopdify , or affirm on appeal or ceritiorari, as the law or the Rules of Court may provide ,
final judgments and decrees of interior courts in-

a. All cases in which the constitutionally or validity of any treaty, executive agreement law, ordinance, or executive order
or regulation in 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 interior court is in issue.

d. All criminal cases in which the penalty imposed is death or life imprisonment.

3. Assign temporarity judges of interior courts to other stations as public interest may require. Such temporary assignment
shall not last longer than six months without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

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

6. Appoint its officials and employees in accordance with the Civil Service Law.

7 . Power to determing the constitutionality of treaty, international or executive agreement or law.

8. Discription/ dismiss judges of lower courts/

9. Administrative supervision over all courts and the personel.

2. Age requirement

3. Voter registration requirement

4. Literacy Requirement

5. Residency requirement

6. Other requirements

LEGISLATIVE
7. Atleast 35 years of age for-Senators

8. Atleast 25 yeas of age – For district representatives and Party List Representatives

9. Registered Voter

10. Able to read and write

11. Resident for a period of not less than 2 years- For Senators

12. Resident for a period of not less than 1 year- For District Representatives
EXECUTIVE
1. Natural born citizen

2. Atleast 40 years of age

3. Registered Voter

4. Able to read and write

5. President of the Philippines for atleast 10 years

JUDICIARY
6. Natural born citizen

7. Atleast 40 years of age

8. Atleast fifteen (15) years or more a judge of a lower court or engaged in the practice of law in the Philippines

AMENDMENTS TO THE CONSTITUTION

Section 1. Any amendments to or revision of the constitution may be proposed by:

9. The Congress upon a vote of three-fourths of all its members or

10. A constitutional convention