Constitution of the Philippines

Also known as: 1987 Constitution of the Philippines · Saligang Batas ng Pilipinas · Philippine Constitution

Definition

The Constitution of the Philippines is the supreme law of the Republic of the Philippines. The country has operated under several charters in its history — the 1897 Biak-na-Bato Constitution of the revolutionary government, the 1899 Malolos Constitution of the First Philippine Republic, the 1935 Commonwealth Constitution, the 1973 Constitution of the Marcos era, the provisional 1986 Freedom Constitution, and the 1987 Constitution currently in force, which was ratified on February 2, 1987 following the People Power Revolution. (Wikipedia, LawPhil — 1987 Constitution)

As the fundamental law, the Constitution defines the structure of government, enumerates fundamental rights, and limits the powers of the state; all statutes, decrees, and executive actions inconsistent with it are void, a doctrine enforced through the power of judicial review exercised by the Supreme Court. (LawPhil — 1987 Constitution)

Identities

Source Type	Identity
Wikipedia	Constitution of the Philippines
Wikidata	Constitution of the Philippines (Q1716722)
DBpedia	Constitution_of_the_Philippines
ProductOntology	N/A
Wiktionary	N/A
Library of Congress Subject Headings (LCSH)	N/A
MeSH	N/A
NCBI Taxonomy	N/A
AGROVOC	N/A
Google Scholar	“Constitution of the Philippines” 1987 constitutional reform amendment
ConceptNet	N/A
OpenCyc	N/A

Also Known As

1987 Constitution of the Philippines
Saligang Batas ng Pilipinas
Philippine Constitution

Examples and Analogies

A frame, not a statute: The Constitution functions like the frame of a building: ordinary laws are the rooms and walls, but the frame fixes what can be built and where — which is why political battles over term limits or federalism are fought as constitutional questions rather than ordinary legislation.
Five charters, one lineage: Each charter reflects its era — the Malolos Constitution of 1899 asserted the First Republic’s independence; the 1935 Constitution created the Commonwealth and its institutions; the 1973 Constitution legitimized martial-law government; the 1987 Constitution restored checks and balances and expanded rights protections. (Wikipedia)
Rigid amendment rules: Article XVII allows amendment only by a three-fourths vote of Congress, a constitutional convention, or a people’s initiative — deliberately high barriers designed to prevent casual rewriting of the fundamental law. (LawPhil — 1987 Constitution)

Usage Scenarios

1. Judicial Review of Laws

Courts test the validity of statutes and executive actions against the Constitution; the Supreme Court’s decisions on separation of powers, free expression, and due process all rest on the 1987 text. (LawPhil — 1987 Constitution)

2. Defining Structures of Government

The Constitution distributes power among the executive, legislative, and judicial branches, creates the constitutional commissions, and authorizes autonomous regions in Muslim Mindanao and the Cordilleras. (LawPhil — 1987 Constitution)

3. Guaranteeing Fundamental Rights

The Bill of Rights (Article III) — covering due process, freedom of speech, press, and assembly, religious liberty, and privacy of communication — is the primary legal shield invoked by citizens and journalists. (LawPhil — 1987 Constitution)

4. Debating Charter Change

Recurring proposals to amend or revise the Constitution — including shifts toward a federal or parliamentary system and adjustments to economic provisions — invoke Article XVII procedures, and have been the subject of sustained public debate since 1987. (Wikipedia)

Strategies

Interpretation by the Supreme Court: The Court acts as the final interpreter of constitutional text, balancing original intent, precedent, and evolving doctrine.
Layered safeguards: Term limits, the independent constitutional commissions, and the appointed judiciary were designed as structural counterweights after the martial-law experience of concentrated power. (Wikipedia)
Public ratification: Each enduring charter entered force only after ratification — plebiscitary consent is treated as the source of constitutional legitimacy. (LawPhil — 1935 Constitution)

Security and Safety Measures

Protection of rights during emergencies: The Constitution permits suspension of the writ of habeas corpus and declaration of martial law only under narrowly defined conditions, with congressional review and judicial safeguards. (LawPhil — 1987 Constitution)
Civilian supremacy: The fundamental law subordinates the armed forces to civilian authority, a principle reinforced after 1986. (LawPhil — 1987 Constitution)
Independent institutions: Constitutional commissions on audit, elections, and civil service insulate oversight functions from partisan control. (LawPhil — 1987 Constitution)

Historical Context

The first Philippine charters emerged from revolution: the Biak-na-Bato Constitution of 1897 sketched a provisional republic, and the Malolos Constitution of 1899 established the First Philippine Republic with a legislative assembly. The American colonial period culminated in the 1935 Constitution, ratified on May 14, 1935, which established the Commonwealth of the Philippines, a presidential system, and the framework that carried the country to independence in 1946. (Wikipedia, LawPhil — 1935 Constitution)

The 1973 Constitution, ratified under martial law, shifted to a parliamentary framework and enabled the continuation of Ferdinand Marcos’s rule beyond the limits of the 1935 charter. After the People Power Revolution of 1986, the provisional Freedom Constitution restored democratic structures pending a new fundamental law; the 1987 Constitution, drafted by a constitutional commission and ratified on February 2, 1987, restored the presidential system with strong checks and balances, expanded the Bill of Rights and social-justice provisions, and created the constitutional commissions and autonomous-region framework in force today. (Wikipedia, LawPhil — 1987 Constitution)

Challenges and Controversies

Recurring Charter-Change Debates

Proposals to amend the Constitution — whether to shift to federalism, a parliamentary system, or to relax restrictions on foreign ownership of land and public utilities — have recurred since 1987, with critics warning of dilution of safeguards and proponents arguing for economic modernization. (Wikipedia)

Martial-Law Legacy

The relative ease with which the 1973 charter was used to concentrate power remains the cautionary reference in debates over emergency powers under the 1987 Constitution. (Wikipedia)

People’s Initiative Controversies

Attempts to amend the Constitution through people’s initiatives have repeatedly drawn legal challenges over the sufficiency of verification and the scope of what may be amended, including disputes litigated before the Supreme Court in recent decades. (Wikipedia)