The 1987 Philippine Constitution: Why It’s Outdated, Flawed, and Far from the World's Best
For decades, the 1987 Constitution of the Philippines has served as the nation’s fundamental law. Born out of the struggle against dictatorship, it sought to restore democracy. Yet, decades on, a chorus of experts, reformists, and citizens now argue that the charter is defective, outdated, and unfit for the dynamic challenges of the 21st century.
Entrenchment of Oligarchic Politics
While the Constitution aims to foster democracy, in reality, it has done little to break the grip of a small elite on political power. The nation's post-1986 laws have proved more successful at legislating social and economic measures than enacting genuine structural political change. Even strong-willed presidents, bolstered by supermajorities and public approval, failed to realize deep constitutional change, highlighting the document’s rigidity in the face of urgent reform needs. Rather than opening politics to ordinary Filipinos, the charter has enabled the persistence of oligarchic structures, limiting meaningful political participation.
Unaddressed Regional and Ethnic Conflicts
The 1987 Constitution has not meaningfully resolved longstanding regional struggles, especially in Mindanao. The Moro people’s demands for political autonomy and justice remain largely unmet, prolonging one of Southeast Asia’s longest internal conflicts. Failure to grant effective self-governance, alongside poor governance and persistent discrimination, has further justified separatist aspirations and fueled violence. Attempts at peace and autonomy, often rooted in constitutional provisions, have failed to deliver true empowerment and sustainable development in these regions.
Inadequate Checks and Balances
The judiciary, intended as an independent check, is in practice shaped by presidential appointments, with clear government-opposition coalitions forming within the Supreme Court. This undermines judicial impartiality and allows partisan agendas to permeate crucial legal decisions. Such flaws hinder the effective separation of powers, allowing for executive overreach or legislative gridlock.
Stagnant Political and Economic Development
Despite aspirations for good governance and progress, the Constitution leaves significant gaps in institutional performance and accountability. It does not force an overhaul of outdated laws or promote bold governance improvements. Instead, political incentives for real structural reform are weak; attempts at incremental change often fall short of the tangible results needed to tackle poverty, corruption, and inequality. Socioeconomic disparities linger, with calls for agrarian reform and alternative development models repeatedly stymied by the charter’s neoliberal framework and strongholds of elite power.
Problematic Church-State Dynamics
Although constitutional principles call for the separation of church and state, contemporary events reveal that these boundaries are often crossed. Political leaders and church authorities remain locked in conflict over issues such as reproductive health, sex education, and lawmaking. Instead of promoting a secular policy environment, the Constitution struggles to prevent profound religious influence over public affairs. This dynamic stymies social reform and undermines progress on issues like women’s health and rights.
Outdated Provisions and Language Issues
Some constitutional sections, reflecting the historical context of the late 1980s, have not aged well. For example, language policies aimed at unity or global competitiveness often fail in practice, allowing social realities and English-language dominance to persist at the expense of local languages and cultural identities. The Constitution’s ambiguous language on certain rights, governance structures, and social policies complicate effective and equitable implementation.
Persistently High Corruption and Weak Enforcement
The Constitution’s provisions against corruption have proved insufficient for eradicating deep-seated malpractices. Despite anti-corruption laws and periodic purges, corrupt practices remain endemic in the government, casting doubt on the effectiveness of constitutional safeguards. Laws designed to guarantee land reform and social justice also struggle with implementation, leaving marginalized communities with little genuine redress.
Education and Governance Failures
Philippine education reform has fallen short of its promise. Decentralization, promoted under the constitutional framework, has produced piecemeal adjustments rather than bold institutional transformation. Fundamental governance issues, such as inadequately defined functional responsibilities and lack of inclusive policymaking, go unaddressed, perpetuating inequity and administrative inefficiency.
Conclusion: Rotten at the Core?
In summary, the 1987 Philippine Constitution has failed to live up to its billing as the world’s best. It is rigid in crucial aspects yet vague where specificity is desperately needed. The document both reflects and perpetuates the fractured, elite-dominated reality it was meant to transcend. Calls for charter change, whether gradual or sweeping, reflect a common recognition: the time has come for decisive constitutional reform.
