What Is 1987 Philippine Constitution

Overview

The 1987 Philippine Constitution is the supreme law of the Philippines, enacted after the fall of the authoritarian Marcos regime. It restored democratic governance and introduced safeguards against dictatorship by reestablishing a system of checks and balances.

Following the People Power Revolution of 1986, President Corazon Aquino appointed a 48-member Constitutional Commission to draft a new charter. The resulting document was overwhelmingly approved in a plebiscite on February 2, 1987, marking a return to constitutional democracy.

• Enshrines sovereignty in the people: The Constitution begins with a declaration that all government authority comes from the people, reaffirming democratic principles after years of martial law.
• Establishes a presidential system: It defines the president as both head of state and government, elected by direct vote for a single 6-year term without re-election.
• Separates powers: The government is divided into three co-equal branches—executive, legislative, and judicial—to prevent concentration of power.
• Guarantees civil liberties: The Bill of Rights includes protections for free speech, due process, and privacy, with stronger language than previous constitutions.
• Creates independent bodies: It established the Commission on Human Rights, the Constitutional Commissions, and the Office of the Ombudsman to ensure accountability.

How It Works

The 1987 Constitution structures governance through defined institutions, term limits, and citizen participation mechanisms. It balances authority across branches while empowering oversight bodies to prevent abuse.

• Term: The president serves a single 6-year term starting at noon on June 30 following the election, as specified in Article VII, Section 4. No re-election is permitted, even if non-consecutive.
• Bicameral Congress: The legislature consists of the Senate (24 members, elected nationally) and the House of Representatives (currently over 300 members, including party-list representatives).
• Independent judiciary: The Supreme Court, composed of 15 justices, has final say on constitutional matters and can nullify laws through judicial review.
• Bill of Rights: Articles III guarantees rights such as freedom of assembly, protection against unreasonable searches, and the right to legal counsel.
• Local autonomy: Local government units have constitutionally mandated powers, resources, and responsibilities under Article X to promote self-governance.
• Constitutional commissions: The Civil Service Commission, Commission on Elections (COMELEC), and Commission on Audit operate independently to ensure fairness and transparency.

Comparison at a Glance

Comparing the 1987 Constitution with earlier charters highlights key democratic reforms and structural changes.

This comparison shows the 1987 Constitution’s emphasis on accountability and human rights. Unlike the 1973 version, which enabled authoritarian rule, the 1987 charter includes structural checks and independent oversight to prevent power consolidation.

Why It Matters

The 1987 Constitution remains foundational to Philippine democracy, shaping governance, rights, and civic life. Its provisions continue to influence political stability, judicial decisions, and public expectations of government conduct.

• Restored democratic norms: After the Marcos dictatorship, it reestablished free elections, term limits, and civilian control of the military.
• Empowered citizens: The writ of amparo and habeas data protect individuals from enforced disappearances and privacy violations.
• Enabled judicial independence: The Supreme Court has used the Constitution to strike down unconstitutional laws, such as in Osmeña v. COMELEC.
• Strengthened local governance: Mandated the devolution of services to local governments under the Local Government Code of 1991.
• Protected press freedom: Article III, Section 4 guarantees press liberty, enabling a vibrant media landscape despite challenges.
• Guided constitutional debates: Ongoing discussions about federalism and charter change are framed by its provisions and amendment process.

As a living document, the 1987 Constitution continues to shape national identity and democratic resilience in the Philippines.