The Society of Honor by Joe America

By Karl Garcia

---

The 1987 Constitution of the Philippines stands as a pivotal document in the nation’s political and social history. Enacted after the People Power Revolution of 1986, which ended the authoritarian rule of Ferdinand Marcos, it is both a response to the abuses of martial law and a blueprint for democratic governance. Its creation reflects centuries of historical struggle—from colonial subjugation under Spain and the United States to the nationalist movements of the 20th century. This essay examines the Constitution article by article, highlighting historical context, key provisions, and illustrative examples, serving as a mini-thesis on Philippine constitutional evolution.

---

Historical Context of the 1987 Constitution

The constitutional history of the Philippines traces back to the Malolos Constitution of 1899, the 1935 Commonwealth Constitution, and the 1973 Constitution during Marcos’ martial law. Each reflects the nation’s prevailing political, social, and economic conditions:

• Malolos Constitution (1899): Asia’s first republican constitution emphasized civil liberties and the separation of powers, but it was curtailed by the Philippine-American War.
• 1935 Constitution: Modeled after the U.S., it introduced a presidential system with checks and balances, guiding the transition to independence in 1946.
• 1973 Constitution: Drafted under Marcos, it allowed for concentrated executive power and parliamentary forms, ultimately facilitating authoritarian rule.

The 1987 Constitution was crafted by the Constitutional Commission of 1986, composed of scholars, former officials, and civil society leaders. It was informed by historical abuses, the demand for social justice, and the need for a government accountable to its citizens. Its guiding principles include sovereignty, democracy, social justice, and human rights.

---

Article-by-Article Analysis

Article I: National Territory

Article I defines the Philippines’ territorial boundaries, including islands, waters, airspace, and submarine areas.

• Historical Example: The ongoing Spratly Islands dispute demonstrates the constitutional protection of territorial integrity.
• Implication: It safeguards sovereignty, recalling infringements during Spanish, American, and Japanese occupations.

Article II: Declaration of Principles and State Policies

Article II lays out the philosophical and political framework: democracy, social justice, national sovereignty, and human rights.

• Key Provisions:
  • The Philippines is a democratic and republican state.
  • Emphasis on social justice and self-reliance.
  • Commitment to independent foreign policy.
• Historical Example: Land reform policies were emphasized to redress inequalities from Spanish haciendas and Marcos’ crony capitalism.

Article III: Bill of Rights

Guarantees fundamental freedoms: liberty, due process, and protection against arbitrary arrest or torture.

• Historical Context: Marcos’ martial law (1972-1981) saw widespread human rights abuses. Article III directly addresses these violations.
• Key Cases:
  • Javellana v. Executive Secretary (1986): Judicial review of governmental acts protecting civil liberties.
  • Oposa v. Factoran (1993): Established environmental rights as part of human rights.

Article IV: Citizenship

Defines Filipino citizenship via jus sanguinis and naturalization.

• Historical Note: American colonial rule complicated nationality laws; the Constitution now ensures citizenship for children of Filipinos abroad.

Article V: Suffrage

Guarantees voting rights for qualified citizens.

• Historical Example: Post-Marcos elections emphasized electoral integrity and participatory democracy.
• Contemporary Relevance: Automated elections, overseas voting, and accessibility issues.

Article VI: Legislative Department

Establishes a bicameral Congress: Senate and House of Representatives.

• Historical Context: Prevents legislative dominance by the executive, correcting Marcos-era abuses.
• Examples: Legislative oversight of post-Marcos reforms; economic and digital governance legislation.

Article VII: Executive Department

Defines the powers and term limits of the President and Vice President.

• Historical Significance: Term limits prevent indefinite rule.
• Example: Anti-dynasty provisions (Article II, Section 26) aim to limit familial consolidation of power.

Article VIII: Judicial Department

Creates the Supreme Court and lower courts, ensuring judicial independence.

• Historical Example: Martial law undermined judicial independence; Article VIII restores it.
• Landmark Case: Javellana v. Executive Secretary (1986) confirmed the judiciary’s role in upholding constitutional governance.

Article IX: Constitutional Commissions

Establishes independent commissions: Civil Service, Elections, and Audit.

• Purpose: Ensure accountability, meritocracy, and electoral integrity.
• Example: COMELEC reforms rely on Article IX to prevent electoral fraud.

Article X: Local Government

Promotes decentralization and local autonomy.

• Historical Example: The Local Government Code of 1991 operationalized Article X, granting provinces and cities more control over development and resources.

Article XI: Accountability of Public Officers

Codifies ethics, transparency, and accountability.

• Historical Note: Martial law-era corruption informed these provisions.
• Key Institution: The Ombudsman prosecutes erring officials.

Article XII: National Economy and Patrimony

Regulates ownership, economic policy, and resource exploitation.

• Historical Context: Corrects colonial-era and crony capitalist economic inequalities.
• Examples: Mining Act disputes and agrarian reform programs rely on this framework.

Article XIII: Social Justice and Human Rights

Focuses on labor rights, agrarian reform, cooperatives, health, and housing.

• Historical Example: Post-Marcos labor movements and CARP programs are grounded here.

Article XIV: Education, Science, and Culture

Guarantees accessible education and promotes culture and scientific development.

• Historical Context: Colonial education favored elites; Article XIV democratizes learning.
• Example: K-12 reforms and CHED programs.

Article XV: The Family

Recognizes the family as the foundation of society.

• Historical Note: Reflects Filipino cultural values and Catholic influence.
• Legal Examples: Family law, inheritance, and domestic relations laws.

Article XVI: General Provisions

Covers governance principles, elections, civil service, and national language.

• Historical Note: Consolidates essential governance frameworks.

Article XVII: Amendments or Revisions

Details constitutional amendment procedures.

• Historical Example: The Constitution itself replaced the 1973 Marcos Constitution, reflecting adaptability.
• Mechanisms: People’s initiative, Constituent Assembly, Constitutional Convention.

---

Summary Table of Key Articles

Article	Key Focus	Historical Context / Example
I	National Territory	Spratly Islands dispute; colonial infringements
II	Principles & State Policies	Land reform; post-Marcos social justice
III	Bill of Rights	Martial law abuses; Javellana v. Exec. Sec.
IV	Citizenship	Jus sanguinis; diaspora inclusion
V	Suffrage	Electoral reforms; overseas voting
VI	Legislative Dept.	Bicameral Congress; post-Marcos oversight
VII	Executive Dept.	Presidential term limits; anti-dynasty
VIII	Judicial Dept.	Judicial independence; landmark rulings
IX	Constitutional Commissions	COMELEC, Civil Service, Audit
X	Local Government	Local autonomy; Local Government Code
XI	Accountability	Ombudsman; anti-corruption
XII	National Economy	Filipino ownership; CARP; Mining Act
XIII	Social Justice	Labor rights; health and housing programs
XIV	Education & Culture	K-12; CHED; democratized education
XV	Family	Filipino cultural values; legal protection
XVI	General Provisions	Governance and civil service standards
XVII	Amendments	Flexibility; people’s initiative

---

Conclusion

The 1987 Philippine Constitution is a living testament to the country’s struggle for democracy, human rights, and social justice. It addresses historical abuses, consolidates democratic institutions, and promotes equitable development. From territorial integrity to judicial independence and social justice, it reflects a deliberate attempt to prevent authoritarianism, ensure accountability, and empower citizens. Its relevance today depends on faithful implementation, civic engagement, and historical awareness, ensuring that the lessons of the past guide the nation’s democratic journey.

---

References & Annotations

1. Philippine Constitution of 1987, Official Gazette, https://www.officialgazette.gov.ph/constitutions/
2. Cruz, Isagani A. Philippine Constitutional Law, Vol. 1. Rex Bookstore, 1993.
3. Tadem, Eduardo C. Democracy and Governance in the Philippines, Ateneo de Manila University Press, 2003.
4. Javellana v. Executive Secretary, G.R. No. L-63999, Supreme Court of the Philippines, 1986.
5. Oposa v. Factoran, G.R. No. 101083, Supreme Court of the Philippines, 1993.
6. Aguilar, Filomeno V. Political Development and Constitutional Reform in the Philippines, 1997.
7. Official records of the 1986 Constitutional Commission Proceedings, Manila, 1986.

---