The highest law of the land in the Philippines is the Constitution.
This foundational document serves as the fundamental and supreme law from which all other laws and government actions derive their legitimacy.
The Supremacy of the Philippine Constitution
The 1987 Constitution of the Republic of the Philippines stands as the ultimate legal authority, binding all branches of government and every citizen. Its supremacy means that any law, ordinance, executive order, or act inconsistent with its provisions is considered unconstitutional and, therefore, void.
- Source of Authority: It establishes the framework of the Philippine government, defining the powers, responsibilities, and limitations of the executive, legislative, and judicial branches.
- Protection of Rights: It enshrines the fundamental rights and freedoms of the people, such as due process, freedom of speech, and privacy, ensuring these rights cannot be arbitrarily violated.
- Foundation for Legislation: All statutes, including Acts of Congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules, and presidential issuances, must conform to the principles and provisions set forth in the Constitution.
Hierarchy of Laws in the Philippines
To illustrate its supreme position, consider the general hierarchy of laws in the Philippine legal system:
| Level of Law | Description | Examples |
|---|---|---|
| I. The Constitution | The supreme and fundamental law of the land. It defines the structure of government, distributes powers, and declares basic principles and rights. All other laws must adhere to it. | The 1987 Constitution of the Republic of the Philippines |
| II. Statutes | Laws passed by the Legislature (Congress). These include general laws, specific acts, and codes. They must not contradict the Constitution. | Republic Acts (e.g., the Family Code of the Philippines, the Labor Code), Batas Pambansa |
| III. Treaties and | International agreements entered into by the Philippines. Once ratified, they generally have the force of law. However, they are subordinate to the Constitution. | Vienna Convention on the Law of Treaties, United Nations Convention on the Law of the Sea (UNCLOS) |
| International Law | ||
| IV. Executive Orders, | Rules and regulations issued by the Executive branch to implement or interpret laws. They must be consistent with statutes and the Constitution. | Executive Orders from the President, Department Administrative Orders, implementing rules and regulations (IRR) of specific laws |
| Administrative Rules | ||
| V. Local Ordinances | Laws passed by local government units (LGUs) such as provinces, cities, municipalities, and barangays. They apply only within their jurisdiction and must conform to national laws and the Constitution. | City Ordinances (e.g., traffic regulations), Provincial Ordinances (e.g., environmental protection policies), Barangay Resolutions |
Practical Implications
The principle of constitutional supremacy has significant practical implications:
- Judicial Review: The Supreme Court of the Philippines, as the guardian of the Constitution, has the power of judicial review. This allows it to declare acts of the legislative and executive branches unconstitutional.
- Protection Against Abuse: It serves as a check and balance, preventing potential abuses of power by government officials and ensuring that governance remains within legal bounds.
- Basis for Rights Protection: Citizens can invoke constitutional provisions to challenge laws or government actions that infringe upon their fundamental rights.
For further reading on the Philippine legal system, you can refer to authoritative sources such as the Official Gazette of the Republic of the Philippines.
