10.1 1987 Philippine Constitution

The Structure of the 1987 Constitution

The 1987 Philippine Constitution is the fundamental law of the land. It was drafted by the 1986 Constitutional Commission and ratified by the people in a plebiscite held on February 2, 1987 — the date the Supreme Court fixed as its effectivity. It replaced the 1973 Constitution and the 1986 "Freedom Constitution" that followed the People Power (EDSA) Revolution. Every statute, executive order, and government act must conform to it; a conflicting law is void. On the CSE-PPT Professional exam, General Information items rarely ask for legal theory — they ask which article houses a right or power, how many officials sit in a body, and how long they serve. Memorize the structure, not just the ideas.

The Constitution opens with a Preamble ("We, the sovereign Filipino people, imploring the aid of Almighty God..."). The Preamble states the nation's ideals but grants no enforceable rights — a favorite trick question. It is followed by 18 Articles.

Article-and-topic map

Articles XII, XIV–XVIII cover National Economy and Patrimony, Education/Science/Arts, the Family, General Provisions, Amendments or Revisions (Article XVII), and Transitory Provisions. Amendments may be proposed by Congress acting as a constituent assembly (a three-fourths vote), by a Constitutional Convention, or by a people's initiative, and take effect only when ratified in a plebiscite.

The Bill of Rights (Article III)

Article III guarantees civil and political rights against government abuse — it protects persons from the State, not from private individuals. Frequently tested provisions: Section 1 — no person shall be deprived of life, liberty, or property without due process, nor be denied the equal protection of the laws; Section 2 — the right against unreasonable searches and seizures (warrants require probable cause); Section 4 — freedom of speech, expression, the press, and peaceable assembly; Section 5 — free exercise of religion and non-establishment; Section 12 — Miranda/custodial-investigation rights (to remain silent and to competent counsel); Section 14 — presumption of innocence; and Section 22 — no ex post facto law or bill of attainder. The classic trap swaps Article II (Declaration of Principles) for Article III; enumerated personal rights live in Article III.

The Three Branches and Checks and Balances

Power is divided among three co-equal branches to prevent tyranny.

• Legislative (Article VI) — Congress makes the laws. It is bicameral: the Senate has 24 senators elected nationwide for 6-year terms (maximum two consecutive terms), and the House of Representatives has up to 250 members for 3-year terms (maximum three consecutive terms). Congress holds the power of the purse — no public money is spent except by law.
• Executive (Article VII) — the President enforces the laws, serving a single 6-year term with no re-election. The President must be a natural-born citizen, at least 40 years old, a registered voter, able to read and write, and a resident of the Philippines for at least 10 years. The Vice-President serves 6 years (maximum two consecutive terms). Presidential powers include commander-in-chief, appointment, veto, and pardon.
• Judicial (Article VIII) — the Supreme Court (a Chief Justice and 14 Associate Justices, 15 members) and the lower courts interpret the laws and exercise judicial review, the power to strike down an act as unconstitutional.

How the branches check one another

• The President may veto a bill; Congress can override the veto by a two-thirds vote of each house.
• The Supreme Court can void unconstitutional acts of either branch (judicial review).
• Congress impeaches erring officials, confirms key appointments, and controls the national budget.

Term limits at a glance

Exam items frequently pair an office with its term. Fix these in memory: President — one 6-year term, no re-election; Vice-President, Senators — 6 years, maximum two consecutive terms; Representatives and local elective officials — 3 years, maximum three consecutive terms; Constitutional Commission members — 7 years, no reappointment. A common trap offers "six years, renewable once" for the President — that describes the Vice-President, not the President.

Suffrage, Commissions, and Accountability

Suffrage (Article V) belongs to citizens at least 18 years old, resident in the Philippines for at least one year and in the place where they vote for at least six months. No literacy, property, or other substantive requirement may be imposed.

Constitutional Commissions (Article IX) are three independent bodies: the Civil Service Commission (CSC) — the central personnel agency that administers your CSE examination; the Commission on Elections (COMELEC); and the Commission on Audit (COA). Each is headed by a chairman and commissioners serving 7-year terms without reappointment.

Accountability of Public Officers (Article XI) declares that "Public office is a public trust." Impeachable officers are the President, Vice-President, Justices of the Supreme Court, members of the Constitutional Commissions, and the Ombudsman. Grounds for impeachment include culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust. The Ombudsman and the anti-graft court, the Sandiganbayan, enforce accountability. Exam tip: the Commission on Human Rights (CHR) is created by Article XIII, not Article IX — do not list it among the three Constitutional Commissions.