Constitution of the Philippines

It mandates a democratic and republican form of government and includes a bill of rights that guarantees entrenched freedoms and protections against governmental overreach.

3 on March 25, 1986, abrogating many provisions in the 1973 Constitution adopted by the Marcos regime, including the unicameral legislature (the Batasang Pambansa), the office of Prime Minister, and additional legislative powers for the President.

Several issues were of particular contention during the commission's sessions, including the form of government to adopt, the abolition of the death penalty, the retention of U.S. bases in Clark and Subic, and the integration of economic policies into the constitution.

Lino Brocka, a film director and political activist who was a member of the commission, walked out before the constitution's completion, and two other delegates dissented from the final draft.

The Supreme Court is granted the power to hear any cases that deals with the constitutionality of law, about a treaty or decree of the government.

A constitution was drafted by then-Secretary of National Security Council Jose Almonte, but was never completed because it was exposed to the media by different non-government organizations.

In 1997, the Pedrosa couple created a group called PIRMA followed with an attempt to change the constitution through a People's Initiative by way of gathering signatures from voters.

Many prominent figures opposed the proposition, including Senator Miriam Defensor-Santiago, who brought the issue all the way to the Supreme Court and eventually won the case.

[4] During his presidency, Joseph Ejercito Estrada created a study commission for a possible charter change regarding the economic and judiciary provisions of the constitution.

However, due to political controversies surrounding Arroyo's administration,[citation needed] including the possibility of term extension, the proposal was rejected by the Supreme Court.

Law expert Michael Henry Yusingco commented that Romualdez should show there is clear public support to amend it because without any such proof, plans will encounter hitches like before.

The preamble reads:[11]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 truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.

Article II lays out the basic social and political creed of the Philippines, particularly the implementation of the constitution and sets forth the objectives of the government.

While the Cabinet was mentioned several times in the article, the Constitution did not expressly provide for the creation of such body or to specifically enumerate its ordinary powers and duties.

However, in cases where public safety necessitates it, the President is authorized to declare a state of martial law throughout the entire Philippines or in specific areas, or to suspend the privilege of the writ of habeas corpus.

Article XII lays down the goals and objectives of the Philippine government in terms of wealth distribution, division of goods and services and to offer job opportunities to elevate the lives of Filipino people.

This section also provides important provisions such as: Article XIII divulge the utmost responsibility of the Congress to give the highest priority in enactments of such measures which protects and enhances the rights of all the people to human dignity through affirming that present social, economic and political inequalities as well as cultural inequities among the elites and the poor shall be reduced or removed in order to secure equitable welfare and common good among Filipino people.

Moreover, this section also lays down salient provisions such as: Article XV establishes the recognition of the state on the Filipino family as the basic foundation of the nation as it shall reinforce and bolster its solidarity and steadily promote its development.

Alongside with this, it also states important provisions such as: Article XVI contains several general provisions, such as a general description of the national flag, the establishment of the Armed Forces of the Philippines and a police force (presently the Philippine National Police), the regulation of mass media and advertising industries, the doctrine of sovereign immunity, and others.

This includes provisions for directing the elections of the first members of the new Congress and of the President and the Vice President, specifying the current courts and the term limits of judges, specifying the initial salary for key members of government, mandating the newly elected Congress to pass laws to fulfill obligations set by these transitory provisions, and defining grace periods and limitations for previous treaties, laws, orders, and other instruments.

(Section 19.1, Article XIV) Whether these provisions may, by themselves, be the source of enforceable rights without accompanying legislation has been the subject of considerable debate in the legal sphere and within the Supreme Court.

The Court, for example, has ruled that a provision requiring that the State "guarantee equal access to opportunities to public service" could not be enforced without accompanying legislation, and thus could not bar the disallowance of so-called "nuisance candidates" in presidential elections.

[23] The organs of the government under the Constitution consisted of three divisions: (1) the Supreme Council, which was authorized with the power of the Republic in which it was headed by the President and the four different secretaries which was the interior, foreign affairs, treasury, and war; (2) the Consejo Supremo de Garcia Y Justicia (Supreme Council of Grace and Justice), which has the authority to create decisions and validate and refute the sentences given by the other courts and to command rules for the administration of justice; and (3) the Asamblea de Representantes (Assembly of the Representatives), which was to be assembled after the revolution to create a new constitution and to choose a new Council of Government and Representatives of the people.

The Preamble reads: "The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

In mid-1942, Japanese Premier Hideki Tōjō promised the Filipinos "the honor of independence" which meant that the commission would be supplanted by a formal republic.

Their draft for the republic to be established under the Japanese occupation, however, would be limited in duration, provide for indirect, instead of direct, legislative elections, and an even stronger executive branch.

In late 1944, President Laurel declared war on the United States and the British Empire and proclaimed martial law, essentially ruling by decree.

The Preamble reads: "The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national existence, do hereby proclaim their independence, and in order to establish a government that shall promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the creation of a world order based on peace, liberty, and moral justice, do ordain this Constitution.

From October 16–17, 1976, a majority of barangay voters (also called "Citizens' Assemblies") approved that martial law should be continued and ratified the amendments to the Constitution proposed by President Marcos.

While the 1973 Constitution ideally provided for a true parliamentary system, in practice, Marcos made use of subterfuge and manipulation in order to keep executive powers for himself, rather than devolving these to the Assembly and the cabinet headed by the Prime Minister.

José P. Laurel, President of the Second Philippine Republic, addresses the National Assembly in what is now the Old Legislative Building to approve the 1943 Constitution.