Why the Philippines Needed the 1987 Constitution: Advantages Over Its Predecessors

By: Justin 6/4/2025

The 1987 Constitution of the Republic of the Philippines was born out of a historic turning point in the country’s political life — the People Power Revolution of 1986, which peacefully ended the Marcos dictatorship. The nation needed a new charter to reflect the people's desire for democracy, accountability, and human rights after years of authoritarian rule.

This article explores why the 1987 Constitution was necessary, and what advantages and improvements it made over the 1935 and 1973 Constitutions.

🇵🇭 Why a New Constitution Was Needed

1. To Restore Democracy After Dictatorship

The 1973 Constitution allowed for authoritarian rule by enabling a shift to parliamentary government, which Marcos later manipulated through amendments. The 1987 Constitution was drafted to restore true democratic governance.

2. To Prevent Abuse of Power

It reintroduced clear checks and balances and limited the term and powers of the President to prevent the rise of another dictatorship.

3. To Protect Human Rights

After years of repression and censorship, the 1987 Constitution prioritized civil liberties, freedom of expression, and due process.

4. To Reflect the Will of the People

The 1987 Constitution was drafted by a diverse Constitutional Commission, appointed by President Corazon Aquino and ratified in a national plebiscite — making it a people-backed Constitution.

⚖️ Key Advantages of the 1987 Constitution

  • Stronger Bill of Rights
    Includes more specific protections for free speech, press freedom, due process, and against torture and illegal detention.

  • Restored Presidential System
    Clearly separates the powers of the Executive, Legislative, and Judiciary; limits the President to a single 6-year term with no re-election.

  • Independent Judiciary
    Empowers courts with judicial review and ensures protection from political interference.

  • Constitutional Commissions
    Establishes independent offices like the Civil Service Commission (CSC), Commission on Elections (COMELEC), and Commission on Audit (COA).

  • Creation of the Office of the Ombudsman
    A new body dedicated to investigating corruption and misconduct in government.

  • Local Autonomy
    Empowers local governments and encourages decentralization.

  • Social Justice and Pro-Poor Policies
    Emphasizes agrarian reform, labor rights, accessible education, and equitable development.

  • Sectoral and Party-List Representation
    Introduces mechanisms to give marginalized groups a voice in legislation.

🆚 How It Improved on the 1935 and 1973 Constitutions

Here is a comparison of some major features:

  • Form of Government

    • 1935: Presidential
    • 1973: Parliamentary (later modified)
    • 1987: Presidential

  • Term of the President

    • 1935: 6 years, with re-election allowed (amended to 4 years with one re-election)
    • 1973: Initially 6 years, but extended under amendments
    • 1987: Single 6-year term, no re-election

  • Martial Law Provisions

    • 1935: Present, limited scope
    • 1973: Enabled prolonged and unchecked martial law
    • 1987: Martial law is time-limited and subject to judicial and congressional review

  • Judicial Power

    • 1935: Present
    • 1973: Weakened
    • 1987: Strengthened and protected

  • Civil Liberties

    • 1935: Guaranteed
    • 1973: Suppressed under martial law
    • 1987: Reinforced and expanded

  • People’s Participation

    • 1935 and 1973: Minimal
    • 1987: Allows for initiatives, referendums, and party-list systems

  • Anti-Corruption Measures

    • 1935 and 1973: No Ombudsman
    • 1987: Establishes the Office of the Ombudsman as a constitutional body

  • Focus on Social Justice

    • 1935 and 1973: Limited provisions
    • 1987: Integrates social justice and human rights throughout the document

🧭 Final Thoughts

The 1987 Philippine Constitution was not merely a legal document — it was a symbol of national rebirth. Drafted after years of dictatorship, it corrected the flaws of previous charters and created a framework that puts human rights, democratic governance, accountability, and people's participation at the center.

It remains a living testament to the Filipino people's commitment to never again tolerate tyranny, and to continually build a just, humane, and democratic society.

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