The 1987 Constitution: Annotations and Legal Updates*
The 1987 Constitution: Annotations and Legal Updates*
The Philippine Constitution, the social contract of the Filipino people, ideally reflects the Will of the People as a democratic and republic State and Nation. It binds a country of people, now renewed with hope from its past, to its present, and even for its future.
In presenting the text of the present constitution of the Filipino people with the annotations and legal updates, the author likewise hope to rekindle the understanding of the social contract of the Filipino people--in heart and mind. The foundation of our republic, the Republic of the Philippines is built on the provisions found in the 1987 Constitution--the result of evolving changes in the many constitutions of our past. In it forms our national treasure, the idea of a home for our people, tales of our histories, and keeper of our heritage as Filipinos. Likewise, the present constitution holds the key to our future--as people, country, nation and republic.
Hence, the right words are necessary to say what are meant to invoke reason, logic and emotions that will benefit the common good. It is a task of many years of study, critical thinking and discernment.
Only the test of time and challenges of trials will show the relevance and resilience of the 1987 Constitution through the passing of times.
*Draft, work in progress, selected pages
The 1987 Constitution is divided into: the Preamble and 18 Articles.
Article I - National Territory
Article II - Declaration of Principles and State Policies
Article III - Bill of Rights
Article IV - Citizenship
Article V - Suffrage
Article VI - Legislative Department
Article VII - Executive Department
Article VIII - Judicial Department
Article IX - Constitutional Commissions
Article X - Local Government
Article XI - Accountability of Public Officers
Article XII - National Economy and Patrimony
Article XIII - Social Justice and Human Rights
Article XIV - Education, Science and Technology, Arts, Culture, and Sports
Article XV - The Family
Article XVI - General Provisions
Article XVII - Amendments or Revisions
Article XVIII - Transitory Provisions
Whether or not the 1987 Constitution can be considered a living constitution is only in so far as that the construction in the interpretation of the text, strict or liberal, is breathed and formed by the letter and spirit of the highest law of the land itself, the reflection of the Will of the People, nothing more.
February 2 of every year is Constitution Day in the Philippines. It is also the Feast of Our Lady of Candles (Nuestra Señora de la Candelaria) in Jaro, Iloilo City. For the people of Iloilo City, this day is memorable as a Catholic practice and tradition, as well as, as a commemoration of the present constitution, the 1987 Constitution.*
Our Constitution is the embodiment of our Will as a Filipino People. We have six constitutions since the proclamation of the Philippine Independence on June 12, 1898 and through the many years under our own republic, which is now the Republic of the Philippines.
The first was the 1899 Malolos Constitution, the first of firsts--the first of all Philippine constitutions, the first constitution formed by a republican state in Asia, adopted by the first Philippine Republic (1899-1901) and the first constitution brought about by the Will of the People as written by the Representatives of the Filipino People ("Nosotros, los Representantes del Pueblo Filipino xxx", 1899 Malolos Constitution).
Delegates of the Philippine Independence Mission traveled to the United States of America several times for the U.S. Government to grant full independence and sovereignty to the Philippines. The effort towards independence, for almost ten years, was later realized with the second constitution of the Philippines, the long overdue 1935 Constitution, when it was certified by then President of the United States and ratified by plebiscite.
The third was the 1943 Constitution.
The letter and spirit of the 1987 Constitution, our present constitution, revealed as to its purpose, significance and consequent effects, the necessity of strengthening the system of checks and balances and institutionalization of separation of powers between the legislative, executive and judicial departments. It made the Legislative, Executive and Judicial Departments co-equal and interdependent with each other; in all departments (law-making, law-enforcing, law-interpreting), the Will of the People is symbolically represented.
The transfer of the symbolic representations of the Will of the People must be in accordance with the mandate of the Constitution, at that point in time. It is the continuity of the Will of the People since the time of its inception when representatives of the Filipino People drafted the Malolos Constitution and became the foundation for the First Republic of the Philippines. It is the continuity of our Republic, where sovereignty resides in the people.
*The Blessed Virgin Mary, Mother of God, dutifully accepted God's call with her saying, "Be it done to me according to your word." February 2 honors her feast day as Our Lady of Candles in line with the celebration on the same day of the Feast of the Presentation of Lord (also known as Candlemas for customarily using lighted candles). Thy Will be done was her reply to God to become the mother of Christ and gave birth to the Son of Man, Jesus the light of humanity.
*For the Ilonggos, the historical background of the present Constitution can be traced back to the time of Graciano Lopez Jaena, national hero, patriot (makabayan), orator (mananalumpati), journalist-writer and founder of La Solidaridad, and beloved son of Iloilo.
*The Propaganda Movement in the Philippines, whose members were Jose Rizal, Graciano Lopez Jaena, Marcelo del Pilar among others, laid the very foundation of our [concept of ] nationalism and paved the way in later years to our becoming a Republic. These reformists along with the many recognized in our historical books planted the seeds of thought, introduced the idea, however radical, and changed the perspective of the people and their understanding of sovereignty and sovereign, to form our national consciousness---that the sovereigns of our nation are the Filipino people.
*currently reading official and historical records of the 1943 Constitution up to 1987 Constitution
We, the sovereign Filipino People, imploring the aid of the 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 overselves 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.
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The sovereigns of our Republic of the Philippines are the Filipino People. It is clear in Section 1, Article II of the 1987 Constitution and declared as our most important principle, that "Sovereignty resides in the people and all government authority emanates from them."
It is written [in the Preamble], "We, the sovereign Filipino People, imploring the aid of the Almighty God". The words, "imploring the aid of the Almighty God" is a recognition that God is Supreme and Almighty, above His People, and religious faiths exist in the social contract of the People. As sovereigns, we the Filipino People implore His aid in our common purpose--that is "in order to build a just and humane society".
To establish a Government, in the name of the sovereign Filipino People, "that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony" is the call to action, the aim to fulfill our purpose, the consequent of our sovereignty so that we may govern ourselves as a people. Our first principle that the Philippines is a democratic and republican State is the mechanism for our governance as a sovereign Filipino people, and our elections determine such representation in our democracy.
*For James Madison, a Founding Father, fourth President and Father of the Constitution of the United States, the Universal Sovereign precedes civil authority and that every man who becomes a member [in our today's world, citizen of our republic], he must do it with allegiance to the Universal Sovereign [or God]. I find this timely to explain "imploring the aid of the Almighty God" in our Preamble.
*The Preamble reflected the context [of the times] when it was written.
*The Filipino People created as an idea, conceptualized the form and structure, birthed to take shape, established the Government and intended to be continuously so by the 1987 Constitution. The Government has been there since the beginning of our Republic. It is a creation of the Filipino People and its main purpose is to serve the public for the benefit of the public and Republic. The very reason for this is---the sovereign Filipino People aims to build a just and humane society, and in order to do so, as the Preamble of the 1987 Constitution states, [it is] "to establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony." The Government is a representation of the sovereign Filipino People.
Section 1. 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. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
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Our national territory defines the extent of our sovereignty; the dominion of the Filipino people where we, as a people, have supreme power or authority. Article I describes the islands and waters of the Philippine archipelago, and all other territories over which the Philippines has sovereignty or jurisdiction. It refers, not just a place to live for our people, but to the [fundamental ideas of] national sovereignty, territorial integrity, and our identity as a republic, state and nation.
*Granting any territory of the Philippine their own separate legislature, executive and judiciary or independent form and structure of government from the Republic is a grave violation of our 1987 Constitution for it threatens our national sovereigty and territorial integrity [as protected by the provision found in Article 1 of the same Constitution]. It takes for granted the many years of reforms, struggle and revolutions our predecessors made just so we can achieve long-lasting peace, independence, liberty and freedom as a republic and nation. The idea of autonomy rather than independence, for the purpose of unity in diversity among the people, and under the coverage [and application of the concept] of one Supreme Court having the power of judicial review, is a well crafted legislation signed into law in 2018 in the case of the creation of the Bangsamoro Autonomous Region and preserves the sovereignty and jurisdiction of the Republic to our territories.
Principles
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
Section 4. The prime duty of Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.
State Policies
Section 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
Section 8. The Philippines, consistent with national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, rising standard of living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.
Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in teh rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall incalculate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
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*An analysis of the economic indicators affecting women as to gender differences in income and employment in a 2023 Nobel study in economic sciences, the findings of which based on historical data showed increased participation of married women in the service sector due to structural changes and evolving social norms. The challenge of today's times is how these structural changes and evolving social norms continue to affect the decision-making of women to balance their responsibilities for the home and family, and in particular how the provisions of Article 15 of the 1987 Constitution with regards to the milieu women are experiencing here in the Philippines vis-a-vis the global economic indicators of women labor market outcomes. The perspective is would further structural changes and evolving social norms contribute to the economic participation of women in nation-building, at the same time, allow the realization of the ideals and aspirations set forth for the Family in the 1987 Constitution. Same study but this time utilization of statistical data based on Philippine historical records to show economic trends as to participation of married women when structural changes particularly changes in economic policies, not necessarily legal reforms to affect familial norms, would be most encouraging for further studies on the Filipino family. And should evolving legal framework based on our nation's uniqueness and particularity as to our family and marriage laws be continually develop sustainably for our country and children's future.
Section 1.
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Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirements shall be imposed on the exercise of suffrage.
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Suffrage or the right to vote is a sacred act embodying the Will of the People. It transforms the Will of the People to symbolic representation. Suffrage is the soul that gives life to the Will of the Filipino People to choose who will represent the People, all sovereigns. In the Executive Department [under the 1987 Constitution of our Republic], the Will of the People is represented by the incumbent President alone.
*Upon observation and analysis, two of the highest legacies of former PRRD are the peaceful and orderly conduct of the 2022 Presidential elections and the transfer of symbolic representation of the Will of the People held by him for 6 years to the incoming President of the Philippines, all as mandated by the 1987 Constitution.
Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consists of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum
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The Republic of the Philippines has a bicameral legislature as provided for by Article VI Section 1 of the 1987 Constitution. The symbolic representation of the Will of the People as far as law-making is concerned is represented by the Senate and the House of Representatives, by the legislative power vested in them, except to the extent reserved to the people. The only process the 1987 Constitution vests legislative power directly to the Filipino People is through the provision on initiative and referendum.
Both Article VI, Section 32 and Article VII must be read in relation to the provision on initiative and referendum. Article 6, Section 32 concerns with the system of initiative and referendum for the people to directly propose and enact laws (or approve or reject them or part thereof passed by a legislative body), while Article 17, Section 2 provides the process where an amendment of the 1987 Constitution be directly proposed by the people through initiative.
Only amendment is mentioned in Article 17. Any revision of the Constitution cannot be directly proposed by the people, though sovereigns in their own right, because, first, it was not provided for by the Constitution and second, the task has been delegated either to Congress or through a constitutional convention. By not expressly including revision in Article 6 Section 2 of the 1987 Constitution, in effect, it became not the intention, the Will of the People to do so.
Any amendment or revision of the Constitution under Article 17 must go through the process of check and balance. It is the system of checks and balances that is the highlight of the 1987 Constitution---why the 1987 Constitution was formed in the first place and became the voice of the Will of the People.
Section 1. The executive power shall be vested in the President of the Philippines.
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As a Republic, legitimacy of the incumbent President must come from the Will of the People---legitimate by popular vote. The President alone holds the symbolic representation of the Will of the People in the Executive Department. The vote of the majority, the citizens of our Republic, determines who will be the President---the person who they give their trust and support to fulfill the duties and obligations set forth [as willed by the Filipino People] in the Constitution. This is democracy and what it means to be truly democratic in our Republic---legitimate by popular vote through credible and fair elections under the 1987 Constitution (and under rules and regulations as provided for by election laws).
The Vice-President is the President's spare. Likewise, the Vice-President must have the same qualifications as the President, first and foremost---legitimate by popular vote. Still, the symbolic representation of the Will of the People belongs to the President of the Republic of the Philippines.
The President, as the symbolic representation of the Will of the People, the elected representative among sovereigns of our Republic, leads the Filipino People to realize [as officially agreed upon by the sovereign people] what is written in the Philippine Constitution; for the President is head of State and head of government. The President is head of the Executive Department [being the only one vested with executive power], Commander-in-Chief of the Armed Forces of the Philippines and holds the authority from the sovereign Filipino people to decide on acts, in behalf of the Republic, with regards to the State policy "in pursuit of independent foreign policy"; all written, directly or by virtue of the executive functions, in the 1987 Constitution.
Decisions of the President for the Republic of the Philippines are the decisions of the sovereign Filipino people. The President's decisions and official acts are crucial in the continuity of our Republic and stability, growth, progress of our nation. The signature alone in official documents is testament to the democratic consent of all sovereign Filipino people symbolically represented by the President.
*108 million people in the Philippines as of 2020 statistical data and counting
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving the rights which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
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A reading of the text of Article 8, Section 1 of the 1987 Constitution revealed that the symbolic representation of the Will of the People rests to whom judicial power is vested. Unlike the President of the Philippines, members of the Senate and House of Representatives and all who are legitimate by popular vote, and by the nature of their judicial duties and responsibilities for the Republic that they remain independent, the legitimacy to whom judicial power is vested conferred to those appointed by the President upon qualifications of proven competence, probity, independence and integrity as required [to become symbolic representation of the Will of the People] by the 1987 Constitution.
The 1987 Constitution highlighted the significance of the Judicial Department as a co-equal of the Legislative Department and Executive Department, and strengthened it by expanding the scope of its judicial powers to include judicial review. Judicial review [by the courts] had never been mentioned in our previous constitutions, though it was already a generally accepted principle of law first appeared in Marbury v. Madison. The historical context of the Philippines before and during the drafting of the 1987 Constitution resulted the inclusion of the exercise of its power of judicial review in Article VIII, Section 1 and since then---the court's power of judicial review---became part of our present constitution reflecting the Will of the People.
The exercise of the court's power of judicial review even strengthened the system of checks and balances and separation of powers of the three branches of the government by determining whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. The power of judicial review is the intention of the Filipino people, as sovereigns of our Republic, included in our present Constitution and to be exercised by whom judicial power is vested as the symbolic representation of the Will of the People .
The institutionalization of [the concepts of ] one Supreme Court (as the highest tribunal, the court of last resort and ultimate arbiter in the interpretation of our Constitution and laws since the 1935 Constitution) and the power of judicial review (which had become a generally accepted principle of international law since its conception by U.S. Justice Marshall, the pivotal role it contributed to the case decision dated February 11, 1986, and its permanence in the 1987 Constitution as one of the two defining judicial power) changed the legal framework in the Philippines, proved to be remedies to emerging constitutional crises, and allow flexibility to the ever changing form and structure of our government.
The significance as the Will of the People in our 1987 Constitution of a one Supreme Court with the power of judicial review allows the system of checks and balances and separation of powers in the government. In particular is the case of an autonomous region whose form and structure of government (which is unicameral parliamentary) is different from the main system of three branches of government (Legislative, Executive and Judicial) established for the Republic of the Philippines.
Judicial review by the courts thus becomes the mechanism to determine not only a sound and working judicial system, for a whole-of-nation approach, but also reflects as a gauge and the precautionary measure, of our national sovereignty, territorial integrity, judicial independence and democratic systems.
Our one Supreme Court is the last stand of our Republic, the heart and mind of our justice system, and great defender of our democracy. By their judicial functions, the Courts interpret our Constitutions and laws, the Will of the People, for the people; confirming the Filipino spirit to live on, and the Republic to thrive and flourish under the rule of law and justice
*A parliamentary form of government, where there is a prime minister, deviates from the structure and form of government established by the 1935 Constitution (that granted the Republic of the Philippines' [as country and nation] independence and sovereignty) and adopted by the 1987 Constitution for the Republic of the Philippines. Our present structure and form of government is a three co-equal, separate but interdependent branches---the Legislative, Executive and Judicial. The concept of parliamentary sovereignty limits the system of checks and balances and contravenes the Will of the People written down in Article VIII, Section 1 of the 1987 Constitution by reducing the importance and relevance of the exercise of the court's power of judicial review. The deliberate intention and insertion of the provision on judicial review, as one of the two definition of judicial power in the 1987 Constitution, in finality resolved the constitutional crisis occurred in the history of the Philippines when our previous Constitution shifted from presidential system of government to a modified parliamentary.
*Marbury v. Madison, 5 US 137 (1803)
*Article VIII, Section 1 of the 1987 Constitution retained the definition of judicial power of the 1935 and 1973 Constitutions. The 1935 Constitution adapted the definition of judicial power in Article III, Section 1 of the U.S. Constitution which states, "The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
*As long as there is one Supreme Court with the power of judicial review, the establishment of an autonomous parliamentary government within a democratic and republican system with three branches of national government proves the observation that no one Constitution is alike, and would be, as there are diverse demographics as in any country or state, and dependent on context when a constitution is written.
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*Article 12 is related to the study of human economic behaviors [which has now become global, interconnected and evolving] and the decision-making processes [to respond to the ever changing economic indicators] that goes with it, keeping in mind the provision under the Preamble to "conserve and develop our patrimony."
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
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Unless provided for by the 1987 Constitution, the intent of the sovereign Filipino people is clearly written in Article 15 with regards to family matters. The 1987 Constitution put importance and significance to the family by recognizing the Filipino family as the foundation of the nation. This is the democratized Will of the People written in the Constitution---to place the Filipino family as the foundation, the very foundation of our nation. And Section 2 of Article 15 provided that the foundation of the family is marriage and shall be protected by the State.
Our focus should be, as understood from Sections 1 and 2, is to strengthen the family solidarity and actively promote its total development, and marriage, as an inviolable social institution, the sacredness of marriage shall be protected by the State. This is the intent of the sovereign Filipino people---the ideals and aspirations propounded by the framers of our 1987 Constitution, drafted and enacted 37 years ago---for the present and future generations. It is for the continuity of the Filipino people. It is our legacy, to live and continue living, as sovereign Filipino people in our own land or territories.
*The emerging theory of the rise of Alpha Generation of this 21st century is an awakening. Everything we know in the past about the child is changing, and the theories and perspective about child growth, development and learning are now evolving with the child as the center of it all. It certainly disrupts what we know before, and the knowledge we know now of them is crucial to our understanding and vision of our Republic's future. The disconnect in relating to the children is but part of the process, teachable moments in the midst of challenges, and unlearn, learn, relearn is probably a start, a learning strategy, to connect with the child. Most importantly, knowing that the key to the future now belongs to the child is a significant awareness we must realize. Could it be that learning the unknown about the child [of these times] is a vast frontier of evolutionary learning.
Section 1.
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The difficulty in amending or revising, or even changing the 1987 Constitution, lies not in the vagueness, incompleteness or silence of the provisions of Article 17. The provisions were worded by the framers of the 1987 Constitution that way, as it was then, as it is now; and the challenge proves a point that it cannot be done unless the system of checks and balances, and safeguards on separation of powers are in place. Only when the Senate and House of Representatives unified in their legislative will, another symbolic representation of the Will of the People, can they proceed [since the opportunity to do so is there as an entire section on amendments and revisions is found in the 1987 Constitution]---all in the best interest of the Filipino People.
*Should the concept of living constitutionalism be construed to the interpretation of the entirety of a constitution, or is it possible by its parts alone, as in Article 17, Section 1 of our 1987 Constitution in so far as it is interpreted, be it a case of a [partial] living constitution?
*Would it be possible that [as an illustration of partial living constitution] a statute be passed by a legislative body interpreting the provision of Section 1 based on the context, rather than amend or revise the said provision for precise or strict interpretation, as context may change years or decades from now? The making of legislation would allow more measures for consideration by our law makers, having the symbolic representation of the Will of the People, to define said provision [which is different from implementation], as long as it is for the common good, in the best interest of the Filipino people [and not contravening or changing the principles and policies enshrined in the Constitution]. Without any legislation defining Article 17, Section 1, it would redound then to the Supreme Court, thru the exercise of its judicial power, to interpret in finality the provision guided by Article 8, Section 14 of the Constitution [which states, "No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based."].
*With Fr. Bernas fourth mode (standard legislative process) in amending the Constitution (the first being Constituent Assembly, second, Constitutional Convention and third, People's Initiative), then the possibility of other modes [aside from the four mentioned] could come into existence or proposed in the future provided they conform to the provisions found in Article 17. Section 1 of Article 17 could also be said to be complete, as to the wording of the provision, as it gives legislative measures to Congress to construe the interpretation of it.
*As a discussion of sovereignty or sovereign power in the Constitution, the addition of "unless provided by law" as an amendment is an authorization of the sovereign Filipino people, not a delegation, hence, ordinary legislation passed in pursuance thereof will be signed into law by the President; if it was a delegation, an exercise of delegated power of the sovereign people, then a referendum would be proper. Revision of any provision in the Constitution requires either proposal coming from Congress or constitutional convention, which will be presented to the Filipino people for ratification by plebiscite, or directly proposed by the people through initiative; all of which requires [at the end of the process] consent of the sovereign Filipino people to be written in the Constitution, as mandated by Article 17 of the 1987 Constitution.
*The House of Representatives' plan to transmit RBH 7 directly to Comelec seemed to be creatively a 5th mode (a modified 4th mode) in amending the Constitution, and if questioned, would present as a political question, decisions---reserved to the Filipino people as sovereigns of this Republic---delegated with full discretionary authority to the Legislative Department. Section 1 of Article 17 is a delegation by the sovereign Filipino people to Congress, hence, the requirement of ratification by plebiscite; and if issues raised under the political question doctrine, the resolution of which rests on the wisdom, rather than legality, of the acts or decisions of Congress.
The Constitution is the Will of the People as sovereign Filipino People of our Republic, The Republic of the Philippines. It is a social contract among the people, written and duly constituted, to be the most fundamental and highest law of the land.
The Constitution of the Philippines is the creation of the sovereign Filipino people so that we may, as sovereigns, govern ourselves [and course our future towards the horizon of our possibilities].
It is no one's constitution, but ours alone, as we, the Filipino People, willed it to be our Philippine Constitution. It is ours alone, the Will of the People, our Constitution--reflecting our past, present and future [as we (become more integrated to be Filipino citizens of the) wider world; for we are not just sovereigns in our national territory, we also belong to the collective humanity and the interconnectedness of the global community.].
The ideas presented in this writing are not the author's own. These are ideas that have been conceived, introduced, spread, developed for centuries, and generally accepted for the common good and greater good, and taken into great care, consideration and in agreement amongst sovereigns to be included as part of the highest law of the land, the Constitution of the Republic of the Philippines. The author merely undertook the task of understanding and explaining the meaning of the text (the letter and spirit of the law), analyzed the many context occurred, researched the historical background, applied methodologies particularly in the study of social sciences (law, psychology, history, economics among others), examined the facts, the cause and effect of events, consequential factors that shaped the history of our country---in a macro level. If anything could be attributed to the author, it is the perspective of understanding the present Constitution, the social contract of the Filipino people, after the passing of 37 years.