Rights
1987 Constitution with judicial review and a 60/40 foreign equity ceiling
The 1987 Constitution, adopted after the Marcos era, gives the Supreme Court expansive review powers including over grave abuse of discretion by any branch. Article XII reserves at least 60 percent Filipino ownership in land, utilities and natural resources.
Key rules
- Jurisdiction — Unitary presidential republic with one autonomous region, Bangsamoro, exercising devolved powers including Shari'ah courts over Muslim personal law.
Governing law
- 1987 Constitution of the Republic of the Philippines
- Republic Act 11659Public Service Act amendment, 2022
- Republic Act 8371Indigenous Peoples' Rights Act, 1997
In practice
The 1987 charter reacted to dictatorship by limiting presidential emergency powers: martial law is capped at sixty days, requires congressional review and is reviewable by the Supreme Court. Rights protections are extensive, and the Court developed the writs of amparo and habeas data to address enforced disappearances. The nationality restrictions in Article XII have shaped foreign investment for decades; RA 11659 narrowed the definition of public utility in 2022 so that telecommunications, shipping, airlines, railways and expressways fell outside the 40 percent cap, which is the most significant liberalisation without amending the Constitution itself.