What Is 1987 Constitution

Overview

The 1987 Constitution of the Philippines is the supreme law of the land, restoring democratic governance after the authoritarian rule of Ferdinand Marcos. Drafted by a 48-member Constitutional Commission, it was overwhelmingly approved by Filipino voters in a February 1987 plebiscite.

Designed as a response to the abuses of the Marcos regime, the document emphasizes civil liberties, separation of powers, and accountability. It has remained in force for over three decades, serving as the foundation for governance, legal interpretation, and national development.

• February 2, 1987: The Constitution was formally ratified by a national plebiscite, with 76.3% of voters supporting its adoption.
• Constitutional Commission: A 48-member body appointed by President Corazon Aquino drafted the document from June to October 1986.
• People Power influence: The peaceful 1986 EDSA Revolution that ousted Marcos directly inspired the creation of a rights-based constitution.
• Supremacy clause: Article II, Section 1 declares the Constitution as the highest legal authority in the Philippines.
• Amendment process: Requires approval by two-thirds of all members in both the House and Senate, or a constitutional convention.

How It Works

The 1987 Constitution structures the Philippine government into three co-equal branches with checks and balances to prevent authoritarian overreach. Each branch has defined powers and responsibilities to ensure accountability and democratic governance.

• Executive Branch: Headed by the President, who serves a single 6-year term and holds command of the armed forces and foreign policy.
• Legislative Power: Vested in the Congress, a bicameral body composed of the Senate (24 members) and the House of Representatives (up to 250).
• Judicial Independence: The Supreme Court has 15 justices and the power of judicial review to nullify unconstitutional laws or actions.
• Bill of Rights: Article III guarantees freedom of speech, religion, and due process, protecting citizens from state abuse.
• Local Autonomy: Mandates decentralization through the 1991 Local Government Code, empowering regional and municipal governments.
• Term Limits: The President cannot be re-elected, while Senators are limited to two 6-year terms and House members to three.

Comparison at a Glance

Below is a comparison of the 1987 Constitution with its two predecessors in terms of structure, rights, and governance mechanisms.

The 1987 version was crafted to correct the flaws of past systems, especially the unchecked power under the 1973 Constitution. It restored democratic norms and strengthened safeguards against dictatorship, making it the most rights-protective framework in Philippine history.

Why It Matters

The 1987 Constitution remains central to Philippine democracy, shaping law, governance, and civic life. Its enduring relevance lies in its balance of power, protection of rights, and mechanisms for peaceful change.

• Checks on power: Prevents executive dominance by requiring legislative and judicial oversight in major decisions.
• Human rights protection: Enabled landmark rulings, such as the 2010 decision declaring extrajudicial killings unconstitutional.
• Accountability mechanisms: Allows impeachment of officials, including the President, for culpable violations of the Constitution.
• Public participation: Encourages civic engagement through provisions on initiative and referendum in Article XVII.
• Anti-dynasty clause: Aims to reduce political dynasties, though not yet enforced due to lack of enabling law.
• International alignment: Supports treaty ratification and compliance with human rights standards like the ICCPR.

Despite ongoing debates about federalism and charter change, the 1987 Constitution continues to serve as a resilient democratic anchor for the Philippines.