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PHILIPPINES
Principles
PREAMBLE
SEC. 1.
We, the sovereign Filipino people, imploring the aid of Almighty God,
1. in order to build a just and humane society and The Philippines is a
2. establish a Government that shall embody our ideals and
aspirations, 1. democratic and
3. promote the common good, 2. republican State.
4. conserve and develop our patrimony, and
5. secure to ourselves and our posterity
6. the blessings of independence and Sovereignty resides in the people and all government authority
7. democracy under the rule of law and emanates from them.
8. a regime of
a. truth, SEC. 2.
b. justice,
c. freedom, The Philippines renounces war as an instrument of national policy,
d. love, adopts the generally accepted principles of international law as part
e. equality, and of the law of the land and adheres to the policy of peace, equality,
f. peace, justice, freedom, cooperation, and amity with all nations.
do ordain and promulgate this Constitution.
SEC. 3.
ARTICLE I
Civilian authority is, at all times, supreme over the military. The
National Territory 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 national territory comprises the integrity of the national territory.
1. the Philippine archipelago,
2. with all the islands and waters embraced therein, and SEC. 4.
3. all other territories over which the Philippines has
sovereignty or jurisdiction, The prime duty of the Government is to serve and protect the
4. consisting of its terrestrial, fluvial, and aerial domains, people. The Government may call upon the people to defend the
5. including its territorial sea, the seabed, the subsoil, the State and, in the fulfillment thereof, all citizens may be required,
insular shelves, and other submarine areas. under conditions provided by law, to render personal military or civil
6. The waters around, between, and connecting the islands of service.
the archipelago,
7. regardless of their breadth and dimensions, SEC. 5.
8. form part of the internal waters of the Philippines.
The maintenance of peace and order, the protection of life, liberty,
ARTICLE II and property, and the promotion of the general welfare are essential
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for the enjoyment by all the people of the blessings of democracy. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It
SEC. 6. 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
The separation of Church and State shall be inviolable. in the rearing of the youth for civic efficiency and the development
of moral character shall receive the support of the Government.
State Policies
SEC. 13. (The Youth)
SEC. 7. (Foreign Policy)
The State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual,
The State shall pursue an independent foreign policy. In its relations intellectual, and social well-being. It shall inculcate in the youth
with other states the paramount consideration shall be national patriotism and nationalism, and encourage their involvement in
sovereignty, territorial integrity, national interest, and the right to public and civic affairs.
self-determination.
SEC. 14. (Women)
SEC. 8. (Nuclear Weapons)
The State recognizes the role of women in nation-building, and shall
The Philippines, consistent with the national interest, adopts and ensure the fundamental equality before the law of women and men.
pursues a policy of freedom from nuclear weapons in its territory.
SEC. 15. (Health)
SEC. 9. (Social Policies)
The State shall protect and promote the right to health of the people
The State shall promote a just and dynamic social order that will and instill health consciousness among them.
ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and SEC. 16. (Ecology)
an improved quality of life for all.
The State shall protect and advance the right of the people to a
SEC. 10. (Social Justice) balanced and healthful ecology in accord with the rhythm and
harmony of nature.
The State shall promote social justice in all phases of national
development. SEC. 17. (Education)
SEC. 11. (Human Rights) The State shall give priority to education, science and technology,
arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
The State values the dignity of every human person and guarantees development.
full respect for human rights.
SEC. 18. (Labor)
SEC. 12. (The Family)
The State shall develop a self-reliant and independent national SEC. 27. (Anti-Graft and Corruption Measures)
economy effectively controlled by Filipinos.
The State shall maintain honesty and integrity in the public service
SEC. 20. (Private Sector) and take positive and effective measures against graft and
corruption.
The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed SEC. 28. (Public Disclosure)
investments.
Subject to reasonable conditions prescribed by law, the State adopts
SEC. 21. (Agrarian) and implements a policy of full public disclosure of all its
transactions involving public interest.
The State shall promote comprehensive rural development and
agrarian reform. ARTICLE VI
The State recognizes and promotes the rights of indigenous cultural SECTION 1. (Legislative Power)
communities within the framework of national unity and
development. The legislative power shall be vested in the
SEC. 23. (People Organizations) 1. Congress of the Philippines which shall consist of a Senate
and a House of Representatives,
The State shall encourage non-governmental, community- based, or 2. except to the extent reserved to the people by the provision
sectoral organizations that promote the welfare of the nation. on
1. natural-born citizen of the Philippines, and, ii. on the basis of a uniform and progressive ratio,
2. on the day of the election, is at least thirty-five years of age, and
3. able to read and write, 3. those who, as provided by law, shall be elected through a
party-list system of registered
4. a registered voter, and
a. national,
5. a resident of the Philippines for not less than two years
immediately preceding the day of the election. b. regional, and
The term of office of the Senators shall be (2) The party-list representatives shall constitute
1. 6 years and shall commence, unless otherwise provided by 1. 20% of the total number of representatives including those
law, at 12 PM on June 30 next following their election. under the party list.
2. No Senator shall serve for more than two consecutive terms. 2. For 3 consecutive terms after the ratification of this
Constitution, ½ of the seats allocated to party-list
3. Voluntary renunciation of the office for any length of time representatives shall be filled, as provided by law, by
shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected. a. selection or
1. natural-born citizen of the Philippines and, The salaries of Senators and Members of the House of
2. on the day of the election, is at least 25 years of age, Representatives
SEC. 7. (Term of Office of Members of the House of A Senator or Member of the House of Representatives shall, in all
Representatives) offenses punishable by not more than 6 years imprisonment (prision
coreccional below),
The Members of the House of Representatives shall be elected for a
1. be privileged from arrest while the Congress is in session.
1. term of 3 years which shall begin, unless otherwise provided 2. No member shall be questioned nor be held liable in any
by law, at 12 PM on the June 30 next following their election. other place for any speech or debate in the Congress or in
2. No member of the House of Representatives shall serve for any committee thereof.
more than 3 consecutive terms.
SEC. 12. (Matters Needed to be Disclosed to the Public)
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All Members of the Senate and the House of Representatives shall, a. contract with, or
upon assumption of office,
b. in any franchise or
1. make a full disclosure of their financial and business
interests. c. special privilege granted by
2. They shall notify the House concerned of a potential conflict
of interest that may arise from the filing of a proposed i. the Government, or
legislation of which they are authors.
ii. any subdivision,
SEC. 13. (Prohibitions on Members of Congress)
iii. agency, or
No Senator or a Member of the House of Representatives may hold
any other office or employment in
iv. instrumentality thereof,
1. the Government, or
2. any subdivision, v. including any government-owned or controlled
corporation, or
3. agency, or
vi. its subsidiary, during his term of office.
4. instrumentality thereof,
3. He shall not intervene in any matter before any
5. including government-owned or controlled corporations or
a. office of the Government for his pecuniary benefit or
6. their subsidiaries,
b. where he may be called upon to act on account of his
during his term without forfeiting his seat. Neither shall he be office.
appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was SEC. 15. (Congressional Sessions)
elected.
The Congress shall convene
SEC. 14. (Prohibitions on Members of Congress - the Practice
of their Profession) 1. once every year on the 4th Monday of July for its regular
session,
No Senator or Member of the House of Representatives may 2. unless a different date is fixed by law, and
1. personally appear as counsel before any court of justice or 3. shall continue to be in session for such number of days as it
before the Electoral Tribunals, or quasi-judicial and other may determine until 30 days before the opening of its next
administrative bodies. regular session,
2. Neither shall he, directly or indirectly, be interested
financially in any 4. exclusive of Saturdays, Sundays, and legal holidays.
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5. The President may call a special session at any time. of the members present, be entered in the Journal.
SEC. 16. (Officers of Congress) 5. Each House shall also keep a Record of its proceedings.
(1) The Senate shall elect its President and the House of (5) Neither House during the sessions of the Congress shall, without
Representatives its Speaker, by a majority vote of all its respective the consent of the other,
Members.
1. adjourn for more than 3 days, nor
Each House shall choose such other officers as it may deem 2. to any other place than that in which the two Houses shall be
necessary. sitting.
(2) A majority of each House shall constitute a quorum to do SEC. 17. (Electoral Tribunal)
business,
The Senate and the House of Representatives shall each have an
1. but a smaller number may adjourn from day to day and Electoral Tribunal
2. may compel the attendance of absent Members in such
manner, and under such penalties, as such House may
provide.
1. which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective
Members.
(3) Each House may determine
2. Each Electoral Tribunal shall be composed of 9 Members,
1. the rules of its proceedings,
a. 3 of whom shall be Justices of the Supreme Court to be
2. punish its Members for disorderly behavior, and,
designated by the Chief Justice, and
3. with the concurrence of 2/3 of all its Members, suspend or
b. the remaining 6 shall be Members of the Senate or the
expel a Member.
House of Representatives, as the case may be,
4. A penalty for suspension, when imposed, shall not exceed 60
c. who shall be chosen on the basis of proportional
days.
representation from the political parties and the
parties or organizations registered under the party-list
(4) Each House system represented therein.
1. shall keep a Journal of its proceedings, and d. The senior Justice in the Electoral Tribunal shall be it
2. from time to time publish the same, Chairman.
3. excepting such parts as may, in its judgment, affect national SEC. 18. (Commission on Appointments)
security; and
There shall be a Commission on Appointments consisting of the
4. the yeas and nays on any question shall, at the request of 1/5
1. within 30 days after the Senate and the House of appear before and be heard by such House on any matter pertaining
Representatives shall have been organized with the election to their departments.
of the President and the Speaker.
2. The Commission on Appointments shall meet only 1. Written questions shall be submitted to the President of the
Senate or the Speaker of the House of Representatives at
a. while the Congress is in session, least 3 days before their scheduled appearance.
2. Interpellations shall not be limited to written questions, but
b. at the call of its Chairman or may cover matters related thereto.
c. a majority of all its Members, to discharge such 3. When the security of the State or the public interest so
powers and functions as are herein conferred upon it. requires and the President so states in writing, the
appearance shall be conducted in executive session.
SEC. 20. (Records and books of accounts of Congress)
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SEC. 23. (War Power of Congress) (1) The Congress may not increase the appropriations recommended
by the President for the operation of the Government as specified in
(1) The Congress, the budget. The form, content, and manner of preparation of the
budget shall be prescribed by law.
1. by a vote of 2/3 of both Houses in joint session assembled,
2. voting separately, (2) (Prohibition on Riders) No provision or enactment shall be
embraced in the general appropriations bill unless it relates
3. shall have the sole power to declare the existence of a state specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the
of war.
appropriation to which it relates.
(2) In times of war or other national emergency, the Congress may,
(3) The procedure in approving appropriations for the Congress shall
by law,
strictly follow the procedure for approving appropriations for other
departments or agencies.
1. authorize the President,
2. for a limited period and subject to such restrictions as it may
(4) A special appropriations bill shall specify
prescribe,
1. tariff rates, (1) No money shall be paid out of the Treasury except in pursuance
2. import and export quotas, of an appropriation made by law.
7. other religious teacher, or No law granting a title of royalty or nobility shall be enacted.
a. when such priest, The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby
b. preacher, the people can directly
ARTICLE VII
(3) All money collected on any tax levied for a special purpose shall
SEC. 30. (Congress – Supreme Court) No person may be elected President unless he is a
No law shall be passed increasing the appellate jurisdiction of the 1. natural-born citizen of the Philippines,
Supreme Court as provided in this Constitution without its advice 2. a registered voter,
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3. able to read and write, such for more than 4 years shall be qualified for election to
the same office at any time.
4. at least 40 years of age on the day of the election, and
No Vice-President shall serve for more than two consecutive terms.
5. a resident of the Philippines for at least 10 years immediately
preceding such election. Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of the service for
SEC. 3. (Qualifications of the Vice-President) the full term for which he was elected.
There shall be a Vice-President who shall have the (Elections Held) Unless otherwise provided by law, the regular
election for President and Vice-President shall be held on the 2 nd
1. same qualifications and Monday of May.
2. term of office and
(Canvassing of Votes) The returns of every election for President and
Vice-President,
3. be elected with and in the same manner as the President.
1. duly certified by the board of canvassers of each province or
4. He may be removed from office in the same manner as the city, shall be transmitted to the Congress, directed to the
President. President of the Senate.
2. Upon receipt of the certificates of canvass, the President of
The Vice-President may be appointed the Senate shall, not later than 30 days after the day of the
election,
1. as a Member of the Cabinet.
2. Such appointment requires no confirmation. 3. open all certificates in the presence of the Senate and the
House of Representatives in joint public session, and the
SEC. 4. (Election, Term of VP and President)
4. Congress, upon determination of the authenticity and due
(Election & Term) The President and the Vice-President shall be execution thereof in the manner provided by law, canvass the
votes.
1. elected by direct vote of the people
2. for a term of 6 years which The person having the highest number of votes shall be proclaimed
elected, but in case two or more shall have an equal and highest
3. shall begin at 12 PM on June 30 following the day of the number of votes, one of them shall forthwith be chosen by the vote
election and of a majority of all the Members of the Congress, voting separately.
4. shall end at 12 PM of the same date 6 years thereafter. (Rules of Congress) The Congress shall promulgate its rules for the
canvassing of the certificates.
5. The President shall not be eligible for any reelection.
(Contests) The Supreme Court, sitting en banc, shall be the sole
6. No person who has succeeded as President and has served as judge of all contests relating to the election, returns, and
SEC. 5. (Oath of Office) SEC. 7. (No President has Taken an Oath of Office)
Before they enter on the execution of their office, the President, the The President-elect and the Vice-President-elect shall assume office
Vice-President, or the Acting President shall take the following oath at the beginning of their terms.
or affirmation :
1. If the President-elect fails to qualify, the Vice-President-
"I do solemnly swear (or affirm) that elect shall act as President until the President-elect shall
have qualified.
1. I will faithfully and conscientiously fulfill my duties as 2. If a President shall not have been chosen, the Vice-
President (or Vice-President or Acting President) of the President-elect shall act as President until a President shall
Philippines, have been
2. preserve and defend its Constitution,
a. chosen and
3. execute its laws,
b. qualified.
4. do justice to every man, and
3. If at the beginning of the term of the President, the
5. consecrate myself to the service of the Nation. President-elect shall have
(In case of affirmation, last sentence will be omitted.) b. have become permanently disabled,
c. No increase in said compensation shall take effect c. where both shall have died or
until after the expiration of the term of the incumbent
during which such increase was approved.
d. become permanently disabled,
1. been chosen and The Congress shall, by law, provide who shall serve as President in
case of
2. qualified.
1. death,
The Congress shall provide for the manner in which one who is to 2. permanent disability, or
act as President shall be selected until a President or a Vice-
President shall have qualified, in case of 3. resignation of the Acting President (Speaker and President
of Senate).
1. death,
2. permanent disability, or He shall serve until the President or the Vice-President shall have
been elected and qualified, and be subject to the same restrictions of
3. inability of the officials mentioned in the next preceding powers and disqualifications as the Acting President.
paragraph (Senate President & Speaker of the HOR).
SEC. 9. (Vacancy in the Vice-Presidency)
SEC. 8. (After the President or President has taken the Oath
of Office) Whenever there is a vacancy in the Office of the Vice-President
during the term for which he was elected,
1. In case of death,
2. permanent disability, 1. the President shall nominate a Vice-President from among
the Members of the Senate and the House of Representatives
3. removal from office, or 2. who shall assume office
1. In case of death, The Congress shall, at 10 AM of the 3rd day after the vacancy in the
2. permanent disability, offices of the President and Vice-President occurs,
3. removal from office, or 1. convene in accordance with its rules without need of a call
and
2. within 7 days enact a law calling for a special election to elect
4. resignation
a President and a Vice-President
5. Appropriations for the special elections shall be charged 6. the Congress shall decide the issue.
against any current appropriations and shall be exempt from
the requirements of paragraph 4, Section 25, Article VI of this 7. For that purpose, the Congress shall convene, if it is not in
Constitution (Special Appropriations). session, within 48 hours, in accordance with its rules and
without need of call.
6. The convening of the Congress cannot be suspended nor the
special election postponed. 8. If the Congress, within 10 days after receipt of the last
written declaration, or, if not in session, within 12 days after
7. No special election shall be called if the vacancy occurs it is required to assemble, determines by a 2/3 vote of both
within 18 months before the date of the next Houses, voting separately, that the President is unable to
presidential election. discharge the powers and duties of his office, the Vice-
President shall act as the President; otherwise, the
SEC. 11. (Vacancy – Incapacity on the Part of the President) President shall continue exercising the powers and duties of
his office.
1. Whenever the President transmits to the President of the
Senate and the Speaker of the House of Representatives SEC. 12. (Serious Illness of the President)
his written declaration that he is unable to discharge the
powers and duties of his office and In case of serious illness of the President,
2. until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by 1. the public shall be informed of the state of his health.
the Vice-President as Acting President. (See #4) a. The Members of the Cabinet
3. Whenever a majority of all the Members of the Cabinet i. in charge of national security and
transmit to the President of the Senate and to the
Speaker of the House of Representatives their written ii. foreign relations and
declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall
b. the Chief of Staff of the Armed Forces of the
immediately assume the powers and duties of the office
Philippines,
as Acting President. (See #4)
i. Government or any subdivision, 2 months immediately before the next presidential elections and up
to the end of his term, a President or Acting President shall not
ii. agency, or make appointments, except temporary appointments to
executive positions when continued vacancies therein
iii. instrumentality thereof,
1. will prejudice public service or
2. endanger public safety.
iv. including government-owned or controlled
corporations or their subsidiaries.
SEC. 16. (Appointing Power of the President)
They shall strictly avoid conflict of interest in the conduct of
their office. The President shall nominate and, with the consent of the
Commission on Appointments, appoint
1. The spouse and
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1. the heads of the executive department, 3. but such appointments shall be effective only until after
2. ambassadors, disapproval by the Commission on Appointments or until the
next adjournment of the Congress.
3. other public ministers and consuls,
SEC. 17. (Presidential Power of Control)
4. or officers of the armed forces from the rank of colonel or
naval captain, and The President shall have control of all the
5. other officers whose appointments are vested in him in this 1. executive departments,
Constitution. 2. bureaus and
1. He shall also appoint all other officers of the Government He shall ensure that the laws be faithfully executed.
whose appointments are not otherwise provided for by law,
and SEC. 18. (Power of the Sword)
2. those whom he may be authorized by law to appoint.
The President shall be the Commander-in-Chief of all armed forces
3. The Congress may, by law, vest the appointment of other of the Philippines and
officers lower in rank in the
1. whenever it becomes necessary, he may call out such armed
a. President alone, forces to prevent or suppress
a. lawless violence,
b. in the courts, or
b. invasion or
c. in the heads of departments,
c. rebellion.
d. agencies,
e. commissions, or
2. In case of invasion or rebellion, when the public safety
f. boards. requires it, he may,
a. Within 48 hours from the proclamation of martial law
(Ad Interim Appointments) or the suspension of the privilege of the writ of habeas
corpus, for a period not exceeding 60 days, suspend
the privilege of the writ of habeas corpus or
The President shall have the power
b. place the Philippines or any part thereof under martial
1. to make appointments during the recess of the Congress,
law.
2. whether voluntary or involuntary,
3. the President shall submit a report in person or in writing to 4. nor authorize the conferment of jurisdiction on military courts
the Congress. and agencies over civilians where civil courts are able to
a. The Congress, voting jointly, by a vote of at least a function,
majority of all its Members in regular or special
session, may revoke such proclamation or suspension, 5. nor automatically suspend the privilege of the writ.
which revocation shall not be set aside by the
President. The suspension of the privilege of the writ shall apply only to
persons judicially charged for
b. Upon the initiative of the President, the Congress may,
in the same manner, extend such proclamation or 1. rebellion or
suspension for a period to be determined by the 2. offenses inherent in or directly connected with the invasion.
Congress, if the invasion or rebellion shall persist and
public safety requires it.
During the suspension of the privilege of the writ, any person thus
arrested or detained shall be judicially charged within 3 days,
(When Congress is not in Session) otherwise he shall be released.
4. The Congress, if not in session, shall, within 24 hours SEC. 19. (Power of Executive Clemency)
following such proclamation or suspension, convene in
accordance with its rules without any need of a call.
Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant
(Role of the SC)
1. reprieves,
1. The Supreme Court may review, in an appropriate proceeding 2. commutations and pardons, and
filed by any citizen, the sufficiency of the factual basis of
a. the proclamation of martial law or
3. remit fines and forfeitures,
b. the suspension of the privilege of the writ or
after conviction by final judgment.
c. the extension thereof, and
He shall also have the power to grant amnesty with the concurrence
of a majority of all the Members of the Congress.
2. must promulgate its decision thereon within 30 days from its
filing.
SEC. 20. (Power of Borrowing Money – Shared w/ Congress)
A state of martial law
The President may contract or guarantee foreign loans on behalf of
the Republic of the Philippines
1. does not suspend the operation of the Constitution,
2. nor supplant the functioning of the civil courts or
1. with the prior concurrence of the Monetary Board, and
The Monetary Board shall, within 30 days from the end of every The judicial power shall be vested in
quarter of the calendar year, submit to the Congress a complete
report of its decisions on applications for loans 1. one Supreme Court and
2. in such lower courts as may be established by law.
1. to be contracted or guaranteed by the Government or
2. government-owned and controlled corporations Judicial power includes
which would have the effect of increasing the foreign debt, and 1. the duty of the courts of justice to settle actual controversies
containing other matters as may be provided by law. involving rights which are legally demandable and
enforceable, and
SEC. 21. (Foreign Affairs) 2. to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the
1. No treaty or part of any branch or instrumentality of the Government.
2. international agreement
SEC. 2. (Congress’ Role in the Judiciary)
shall be valid and effective unless concurred in by at least 2/3 of all
the Members of the Senate. The Congress shall have the power
The President shall address the Congress at the opening of its SEC. 3. (Fiscal Autonomy of the Judiciary)
regular session. He may also appear before it at any other time.
1. The Judiciary shall enjoy fiscal autonomy.
ARTICLE VIII 2. Appropriations for the Judiciary
a. It may sit en banc or, shall be decided with the concurrence of a majority of
the Members who actually took part in the
b. in its discretion, in divisions of deliberations on the issues in the case and voted
thereon.
i. 3,
(Cases Decided by Divisions)
ii. 5, or (3) Cases or matters heard by a division
3. all other cases which under the Rules of Court are required to SEC. 5. (Powers of the SC)
be heard en banc,
The Supreme Court shall have the following powers:
4. including those involving the constitutionality, application, or
operation of (Original Jurisdiction)
1. ambassadors, 9. regulation
2. other public ministers and consuls, and
is in question.
3. over petitions for
(b) All cases involving the legality of any
a. certiorari,
1. tax,
b. prohibition, 2. impost,
c. mandamus, 3. assessment, or
(Appellate Jurisdiction of SC) (c) All cases in which the jurisdiction of any lower court is in
issue.
(2) 1.Review, 2.revise, 3.modify , or 4.affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final (d) (Automatic Review) All criminal cases in which the penalty
judgments and orders of lower courts in: imposed is reclusion perpetua or higher.
(Judicial Review) (e) All cases in which only an error or question of law is involved.
(a) All cases in which the constitutionality or validity of any (3) Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignment shall not
1. treaty, exceed 6 months without the consent of the judge concerned.
2. international or executive agreement,
(4) Order a change of venue or place of trial to avoid a miscarriage
3. law, of justice.
4. presidential decree, (5) Promulgate rules concerning the protection and enforcement of
(6) Appoint all officials and employees of the judiciary in (Composition of the Judicial and Bar Council)
accordance with the Civil Service Law.
(1) A Judicial and Bar Council is hereby created under the
SEC. 6 (Administrative Supervision of the Judiciary.) supervision of the Supreme Court composed of
The Supreme Court shall have the administrative supervision 1. the Chief Justice as ex officio Chairman,
over all courts and the personnel thereof. 2. the Secretary of Justice, and
(1) No person shall be appointed Member of the Supreme Court or (Regular Members)
any lower collegiate court unless he is
1. a representative of the Integrated Bar,
1. a natural-born citizen of the Philippines. 2. a professor of law,
2. A Member of the Supreme Court must be at least 40 years of
age and, 3. a retired Member of the Supreme Court, and
3. must have been for 15 years or more a judge of a lower court 4. a representative of the private sector.
or engaged in the practice of law in the Philippines.
(2) The regular Members of the Council shall be appointed by the
(2) The Congress shall prescribe the qualifications of judges of lower President for a term of 4 years with the consent of the
courts, but no person may be appointed judge thereof unless he is a Commission on Appointments. Of the Members first appointed,
3. the retired Justice for 2 years, and The Members of the Supreme Court and judges of lower courts shall
4. the representative of the private sector for 1 year. 1. hold office during good behavior until they reached the age of
70 years or
(3) The Clerk of the Supreme Court shall be the Secretary ex 2. become incapacitated to discharge the duties of their office.
officio of the Council and shall keep a record of its proceedings.
The Supreme Court en banc shall have the power to
(4) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court. The 1. discipline judges of lower courts, or
Supreme Court shall provide in its annual budget the 2. order their dismissal by a vote of a majority of the Members
appropriations for the Council. who actually took part in the deliberations on the issues in
the case and voted thereon.
(5) The Council shall have the principal function of
recommending appointees to the Judiciary. It may exercise such SEC. 12. (Prohibitions on Members of the SC and other
other functions and duties as the Supreme Court may assign to it. Courts)
SEC. 9. (Function of the Judicial and Bar Council) The Members of the Supreme Court and of other courts established
by law shall not be designated to any agency performing
The Members of the Supreme Court and judges of lower courts shall
be appointed by the President from a list of at least 3 nominees 1. quasi-judicial or
prepared by the Judicial and Bar Council for every vacancy. Such 2. administrative functions.
appointments need no confirmation.
SEC. 13. (Formal Requirements)
For the lower courts, the President shall issue the appointments
within 90 days from the submission of the list.
The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division
SEC. 10. (Salaries)
1. shall be reached in consultation before the case is assigned to
The salary of the a Member for the writing of the opinion of the Court.
2. A certification to this effect signed by the Chief Justice shall
1. Chief Justice and be issued and
2. of the Associate Justices of the Supreme Court, and of
3. a copy thereof attached to the record of the case and served
3. judges of lower courts shall be fixed by law. upon the parties.
No petition for review or motion for reconsideration of a decision of (4) Despite the expiration of the applicable mandatory period,
the court shall be refused due course or denied without stating the court, without prejudice to such responsibility as may have been
the legal basis therefor. incurred in consequence thereof, shall decide or resolve the case
or matter submitted thereto for determination, without further
SEC. 15. (Reglementary Period) delay.
(1) All cases or matters filed after the effectivity of this Constitution SEC. 16. (Annual Reports to the President and Congress)
must be decided or resolved
The Supreme Court shall, within 30 days from the opening of each
regular session of the Congress, submit to the President and the
1. within 24 months from date of submission for the Supreme Congress an annual report on the operations and activities of
Court, and, the Judiciary.
2. unless reduced by the Supreme Court,
(2) A case or matter shall be deemed submitted for decision or A. Common Provisions
resolution upon the filing of the last
SECTION 1. (Constitutional Commissions)
1. pleading,
2. brief, or The Constitutional Commissions, which shall be independent, are
No Member of a Constitutional Commission shall, during his tenure, SEC. 6. (Internal Rules of the Commission)
1. hold any other office or employment. Each Commission en banc may promulgate its own rules concerning
2. Neither shall he engage in the practice of any profession or pleadings and practice before it or before any of its offices. Such
rules, however, shall not diminish, increase, or modify substantive
3. in the active management or control of any business which in rights.
any way be affected by the functions of his office,
SEC. 7. (How Decisions are Made)
4. nor shall he be financially interested, directly or indirectly, in
any contract with, or in any franchise or privilege granted by 1. Each Commission shall decide by a majority vote of all its
the Members any case or matter brought before it within 60 days
from the date of its submission for decision or resolution.
a. Government, 2. A case or matter is deemed submitted for decision or
resolution upon the filing
b. any of its subdivisions,
a. of the last pleading,
c. agencies, or
b. brief, or
d. instrumentalities,
c. memorandum required by the rules of the Commission
e. including government-owned or controlled corporation or by the Commission itself.
or their subsidiaries.
3. Unless otherwise provided by this Constitution or by law, any
SEC. 3. (Salaries) decision, order, or ruling of each Commission may be brought
to the Supreme Court on certiorari by the aggrieved party
within 30 days from receipt of a copy thereof.
The salary of the Chairman and the Commissioners shall
SEC. 8. (Functions: As Provided by the Consti or Other Laws)
1. be fixed by law and
2. shall not be decreased during their tenure.
Each Commission shall perform such other functions as may be
provided by law.
SEC. 4. (Appointment of Officials and Employees)
b. integrity, No candidate who has lost in any election shall, within 1 year after
such election, be appointed to
c. responsiveness,
1. any office in the Government or
d. progressiveness, and 2. any government-owned or controlled corporations or
4. It shall strengthen the merit and rewards system, SEC. 7. (Exceptions to Appointment of Elective Officials)
5. integrate all human resources development programs for all No elective official shall be eligible for appointment or designation in
levels and ranks, and any capacity to any public office or position during his tenure.
All public officers and employees shall take an oath or affirmation to 1. Government or any subdivision,
uphold and defend this Constitution. 2. agency or instrumentality thereof,
SEC. 5. (Role of Congress with regard to CSC) 3. including government-owned or controlled corporations or
1. for the standardization of compensation of government SEC. 8. (Prohibition on Additional or Double Compensation)
officials,
2. including those in government-owned or controlled No elective or appointive public officer or employee shall receive
corporations with original charters,
unless specifically authorized by law, nor accept without the consent (2) The Chairman and the Commissioners shall
of the Congress, any present,
1. be appointed by the President with the consent of the
1. emolument, Commission on Appointments
2. office, or 2. for a term of 7 years
(1) There shall be a Commission on Elections composed of a 1. only for the unexpired term of the predecessor.
2. In no case shall any Member be appointed or designated
1. Chairman and in a temporary or acting capacity.
2. 6 Commissioners who shall be
SEC. 2. (Powers and Functions of the Comelec)
a. natural-born citizens of the Philippines and,
The Commission on Elections shall exercise the following powers
b. at the time of their appointment, at least 35 years of and functions:
age,
(1) Enforce and administer all laws and regulations relative to the
c. holders of a college degree, and conduct of an
3. qualifications of all 3. Armed Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and credible
a. elective regional, elections.
1. all questions affecting elections, 3. which are supported by any foreign government shall likewise
The Commission may, during the election period, supervise or SEC. 6. (Party System)
regulate the enjoyment or utilization of all franchises or permits for
the operation of A free and open party system shall be allowed to evolve according
1. transportation and other public utilities, 1. to the free choice of the people,
2. media of communication or information, 2. subject to the provisions of this Article.
3. all grants, special privileges, or concessions granted by the SEC. 7. (Registration Requisites)
Government or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled No votes cast in favor of a
corporation or its subsidiary.
1. political party,
Such supervision or regulation shall aim to 2. organization, or
4. including reasonable, equal rates therefor, SEC. 8. (Prohibitions on Registered Political Parties)
for public information campaigns and forums among candidates in Political parties, or organizations or coalitions registered under the
connection with the objective of holding free, orderly, peaceful, and party-list system, shall not be represented in
credible elections.
1. the voters' registration boards,
SEC. 5. (Comelec and the Executive Clemency) 2. boards of election inspectors,
No 3. boards of canvassers, or
Funds certified by the Commission as necessary to defray the e. At no time shall all Members of the Commission
expenses for holding belong to the same profession.
1. regular and special elections, (2) The Chairman and the Commissioners
2. plebiscites,
1. shall be appointed by the President with the consent of the
3. initiatives, Commission on Appointments
2. for a term of 7 years
4. referenda, and
3. without reappointment.
5. recalls,
Of those first appointed,
shall be provided in the regular or special appropriations and, once
approved, shall be released automatically upon certification 1. the Chairman shall hold office for 7 years,
by the Chairman of the Commission. 2. 1 Commissioner for 5 years, and
a. temporary or (2) The Commission shall have exclusive authority, subject to the
limitations in this Article,
b. acting capacity.
1. to define the scope of its audit and examination,
SEC. 2. (Functions of COA) 2. establish the techniques and methods required therefor, and
(1) The Commission on Audit shall have the power, authority and 3. promulgate accounting and auditing rules and regulations,
duty to
4. including those for the prevention and disallowance of
1. examine, audit, and settle all accounts pertaining to the irregular, unnecessary, inexpensive, extravagant, or
revenue and receipts of, and unconscionable expenditures, or
2. expenditures or uses of funds and property, owned or held in
trust by, or pertaining to, the Government, or any of its 5. uses of government funds and properties.
subdivisions, agencies, or instrumentalities, including
government-owned and controlled corporations with original SEC. 3. (Jurisdiction of the COA)
charters, and on a post-audit basis:
No law shall be passed exempting
a. (a) constitutional bodies, commissions and offices that
have been granted fiscal autonomy under this 1. any entity of the Government or
Constitution; 2. its subsidiary in any guise whatever, or
b. (b) autonomous state colleges and universities; 3. any investment of public funds,
c. (c) other government-owned or controlled from the jurisdiction of the Commission on Audit.
corporations and their subsidiaries; and
SEC. 4. (COA – Congress & the President)
d. (d) such non-governmental entities receiving subsidy
or equity, directly or indirectly, from or through the The Commission shall submit to the President and the Congress,
government, which are required by law of the granting
within the time fixed by law, an annual report covering the financial
institution to submit to such audit as a condition of
condition and operation of the Government, its subdivisions,
subsidy or equity.
agencies, and instrumentalities, including government-owned or
controlled corporations, and non-governmental entities subject to its
However, where the internal control system of the audited agencies audit, and recommend measures necessary to improve their
is inadequate, the Commission may adopt such measures, effectiveness and efficiency. It shall submit such other reports as
including temporary or special pre-audit, as are necessary and may be required by law
appropriate to correct the deficiencies.
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ARTICLE X 4. allocate among the different local government units their
powers, responsibilities, and resources, and
Local Government
5. provide for the qualifications, election, appointment and
General Provisions removal, term, salaries, powers and functions and duties of
local officials, and
SECTION 1. (Political Subdivisions)
6. all other matters relating to the organization and operation of
local units.
The territorial and political subdivisions of the Republic of the
Philippines are the
SEC. 4. (Executive Supervision)
1. provinces,
2. cities, 1. The President of the Philippines shall exercise general
supervision over local governments.
3. municipalities, and 2. Provinces with respect to component cities and
municipalities, and
4. barangays.
3. cities and municipalities with respect to component
There shall be autonomous regions in barangays
1. Muslim Mindanao and shall ensure that the acts of their component units are within
2. the Cordilleras as hereinafter provided. the scope of their prescribed powers and functions.
The territorial and political subdivisions shall enjoy local Each local government unit shall have the power
autonomy.
1. to create its own sources of revenues and
SEC. 3. (Local Government Code) 2. to levy taxes, fees, and charges
The Congress shall enact a local government code which shall 3. subject to such guidelines and limitations as the Congress
provide may provide,
1. for a more responsive and accountable local government 4. consistent with the basic policy of local autonomy.
structure
2. instituted through a system of decentralization Such taxes, fees, and charges shall accrue exclusively to the
local governments.
3. with effective mechanisms of recall, initiative, and
referendum, SEC. 6. (Internal Revenue Allotment)
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Local government units shall have a just share, as determined by SEC. 11. (Special Metropolitan Political Subdivisions)
law, in the national taxes which shall be automatically released to
them. The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof.
SEC. 7. (Fund Sources of Local Gvernments)
The component cities and municipalities shall
Local governments shall be entitled to an equitable share in the
proceeds of the utilization and development of the national wealth 1. retain their basic autonomy and
within their respective areas, in the manner provided by law, 2. shall be entitled to their own local executives and legislative
including sharing the same with the inhabitants by way of direct assemblies.
benefits.
The jurisdiction of the metropolitan authority that will hereby be
SEC. 8. (Term of Office of Local Officials) created shall be limited to basic services requiring
coordination.
The term of office of elective local officials, except barangay officials,
which shall be determined by law, SEC. 12. (Kinds of Cities)
1. shall be 3 years and 1. Cities that are highly urbanized, as determined by law, and
2. no such official shall serve for more than 3 consecutive terms. 2. component cities whose charters prohibit their voters from
voting for provincial elective officials, shall be independent
3. Voluntary renunciation of the office for any length of time of the province.
shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected. 3. The voters of component cities within a province, whose
charters contain no such prohibition, shall not be deprived of
SEC. 9. (Sanggunians) their right to vote for elective provincial officials.
Legislative bodies of local governments shall have sectoral SEC. 13. (LGU Coordination)
representation as may be prescribed by law.
Local government units may
SEC. 10. (Reapportionment)
1. group themselves,
No province, city, municipality, or barangay may be created, divided, 2. consolidate or coordinate their efforts, services, and
merged, abolished, or its boundary substantially altered, except in resources
accordance with
3. for purposes commonly beneficial to them in accordance with
1. the criteria established in the local government code and law.
2. subject to approval by a majority of the votes cast in a
plebiscite in the political units directly affected. SEC. 14. (Regional Development Council)
3. representatives from non-governmental organizations within The President shall exercise general supervision over autonomous
the region for purposes regions to ensure that the laws are faithfully executed.
SEC. 15. 1. The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional
There shall be created autonomous regions in consultative commission composed of representatives
appointed by the President from a list of nominees from
1. Muslim Mindanao and multisectoral bodies.
2. in the Cordilleras 2. The organic act shall define the basic structure of
government from the region consisting of the executive
department and legislative assembly, both of which shall be
consisting of reflective and representative of the constituent political units.
1. provinces, 3. The organic acts shall likewise provide for special courts with
2. cities, personal, family, and property law jurisdiction consistent with
the provisions of this Constitution and national laws.
3. municipalities, and
4. The creation of the autonomous region shall be effective
4. geographical areas when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose,
sharing common and distinctive provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the
1. historical and cultural heritage, autonomous region.
2. economic and social structures, and
SEC. 19. (Time Limit on the Passage of the Organic Act)
3. other relevant characteristics
Within its territorial jurisdiction and subject to the provisions of this 1. responsibility,
Constitution and national laws, the organic act of autonomous 2. integrity,
regions shall provide for legislative powers over:
3. loyalty, and
(1) Administrative organization;
(2) Creation of sources of revenues; 4. efficiency,
(3) Ancestral domain and natural resources; 5. act with patriotism and justice, and
1. The preservation of peace and order within the regions shall 1. culpable violation of the Constitution,
be the responsibility of the local police agencies which shall 2. treason,
be organized, maintained, supervised, and utilized in
accordance with applicable laws. 3. bribery,
2. The defense and security of the regions shall be the
responsibility of the National Government.
4. graft and corruption,
1. any Member of the House of Representatives or 3. No person shall be convicted without the concurrence of 2/3
2. by any citizen upon a resolution of endorsement by any of all the Members of the Senate.
Member thereof,
(7) Judgment in cases of impeachment shall not extend further than
3. which shall be included in the Order of Business within 10
session days, and 1. removal from office and
2. disqualification to hold any office under the Republic of the
4. referred to the proper Committee within 3 session days Philippines,
thereafter.
3. but the party convicted shall nevertheless be liable and
5. The Committee, after hearing, and by a majority vote of all its subject to prosecution, trial, and punishment according to
Members, shall submit its report to the House within 60 law.
session days from such referral, together with the
corresponding resolution. (8) The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
6. The resolution shall be calendared for consideration by the
House within 10 session days from receipt thereof. SEC. 4. (Sandiganbayan)
(3) A vote of at least 1/3 of all the Members of the House shall be The present anti-graft court known as the Sandiganbayan shall
necessary either to affirm a favorable resolution with the Articles of continue to function and exercise its jurisdiction as now or hereafter
Impeachment of the Committee, or override its contrary may be provided by law.
resolution. The vote of each Member shall be recorded.
SEC. 5. (Office of the Ombudsman)
(4) In case the verified complaint or resolution of impeachment is
filed by at least 1/3 of all the Members of the House, the same shall There is hereby created the independent Office of the Ombudsman,
constitute the Articles of Impeachment, and trial by the composed of
Senate shall forthwith proceed.
1. the Ombudsman to be known as Tanodbayan,
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2. 1 overall Deputy, and immediately preceding election.
3. at least 1 Deputy each for 6. The Ombudsman must have for 10 years or more been
a. Luzon, a. a judge or
1. to furnish it with copies of documents relating to contracts The right of the State to recover properties unlawfully acquired by
and transactions entered into by his office involving the public officials and employees, from them or from their nominees or
disbursement or use of public funds or properties, and transferees, shall not be barred by prescription, laches, or estoppel.
2. report any irregularity to the Commission on Audit for
appropriate action. SEC. 16. (Prohibition on Financial Assistance)
(5) Request any government agency for assistance and information No loan, guaranty, or other form of financial accommodation
necessary in the discharge of its responsibilities, and to examine, if for any business purpose may be granted, directly or indirectly, by
necessary, pertinent records and documents. any government-owned or controlled bank or financial institution to
In the case of the 3. an expanding productivity as the key raising the quality of life
for all, especially the underprivileged.
1. President,
2. the Vice-President, The State shall promote
6. the Constitutional Commissions and other constitutional c. which are competitive in both domestic and foreign
offices, and markets.
7. officers of the armed forces with general or flag rank, d. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
the declaration shall be disclosed to the public in the manner
provided by law. In the pursuit of these goals, all sectors of the economy and all
regions of the country shall be given optimum opportunity to
develop. Private enterprises, including corporations, cooperatives,
SEC. 18.
and similar collective organizations, shall be encouraged to broaden
the base of their ownership.
Public officers and employees owe the State and this Constitution
allegiance at all times, and any public officer or employee who
SEC. 2.
seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure shall be dealt
with by law. (Public Domain)
7. all forces of potential energy, ii. renewable for not more than 25 years, and
8. fisheries, iii. under such terms and conditions as may be
provided by law.
9. forests or timber,
iv. In cases of water rights for
10. wildlife,
1. irrigation,
11. flora and fauna, and
2. water supply,
12. other natural resources
3. fisheries, or
are owned by the State.
4. industrial uses other than the
With the exception of agricultural lands, all other natural resources development of water power, beneficial
shall not be alienated. use may be the measure and limit of
the grant.
The exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State. The State shall protect the nation's marine wealth in its
3. joint venture, or reserve its use and enjoyment exclusively to Filipino citizens.
4. production-sharing agreements with The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming,
a. Filipino citizens, or with priority to subsistence fishermen and fishworkers in rivers,
lakes, bays, and lagoons.
b. corporations or
The President may enter into agreements with foreign-owned
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corporations involving either technical of financial assistance 3. Alienable lands of the public domain shall be limited to
agricultural lands.
1. for large-scale exploration,
2. development, and Private corporations or associations may not hold such
alienable lands of the public domain except by lease,
3. utilization of
1. for a period not exceeding 25 years,
a. minerals, 2. renewable for not more than 25 years, and
b. petroleum, and 3. not to exceed 1,000 hectares in area.
c. other mineral oils Citizens of the Philippines may
b. forest or timber, The Congress shall, as soon as possible, determine by law the
specific limits of forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter, such forest lands and
c. mineral lands, and national parks.
national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for such
2. Agricultural lands of the public domain may be further period as it may determine, measures to prohibit logging in
classified by law according to the uses which they may be endangered forests and watershed areas.
devoted.
SEC. 5. (Ancestral Lands)
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The State, subject to the provisions of this Constitution and national The Congress may establish an independent economic and planning
development policies and programs, shall protect the rights of agency headed by the President, which shall, after consultations
indigenous cultural communities to their ancestral lands to ensure with the appropriate public agencies, various public sectors, and
their economic, social, and cultural well-being. local government units, recommend to Congress, and implement
continuing integrated and coordinated programs and policies for
The Congress may provide for the applicability of customary laws national development.
governing property rights and relations in determining the
ownership and extent of ancestral domain. Until the Congress provides otherwise, the National Economic and
Development Authority shall function as the independent planning
SEC. 6. agency of the government.
The use of property bears a social function, and all economic agents SEC. 10.
shall contribute to the common good. Individuals and private groups,
including corporations, cooperatives, and similar collective The Congress shall, upon recommendation of the economic and
organizations, shall have the right to own, establish, and operate planning agency, when the national interest dictates, reserve to
economic enterprises, subject to the duty of the State to promote citizens of the Philippines or to corporations or associations at least
distributive justice and to intervene when the common good so 60 % of whose capital is owned by such citizens, or such higher
demands. percentage as Congress may prescribe, certain areas of investments.
The Congress shall enact measures that will encourage the
SEC. 7. formation and operation of enterprises whose capital is wholly
owned by Filipinos.
Save in cases of hereditary succession, no private lands shall be
transferred or conveyed except to In the grant of rights, privileges, and concessions covering the
national economy and patrimony, the State shall give preference
1. individuals, to qualified Filipinos.
2. corporations, or
The State shall regulate and exercise authority over foreign
3. associations investments within its national jurisdiction and in accordance with
its national goals and priorities.
qualified to acquire or hold lands of the public domain.
SEC. 11. (Public Utilities)
SEC. 8.
No franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to
Notwithstanding the provisions of Section 7 of this Article, a
natural-born citizen of the Philippines who has lost its
Philippine citizenship may be a transferee of private lands, 1. citizens of the Philippines or
subject to limitations provided by law. 2. to corporations or associations organized under the laws of
the Philippines at least 60 % of whose capital is owned by
SEC. 9. such citizens,
Neither shall any such franchise or right be granted except under 3. professionals,
the condition that it shall be subject to amendment, alteration,
or repeal by the Congress when the common good so requires. 4. managers,
The State shall encourage equity participation in public utilities by 5. high-level technical manpower and skilled workers and
the general public.
6. craftsmen in all fields
The participation of foreign investors in the governing body of any
public utility enterprise shall be limited shall be promoted by the State.
1. to their proportionate share in its capital, and The State shall encourage appropriate technology and regulate its
2. all the executive and managing officers of such corporation or transfer for the national benefit.
association must be citizens of the Philippines.
The practice of all professions in the Philippines shall be
SEC. 12. limited to Filipino citizens, save in cases prescribed by law.
The State shall promote the preferential use of Filipino SEC. 15.
1. labor, The Congress shall create an agency to promote the viability and
2. domestic materials and growth of cooperatives as instruments for social justice and
economic development.
3. locally produced goods, and
SEC. 16.
4. adopt measures that help make them competitive.
The Congress shall not, except by general law, provide for the
SEC. 13. formation, organization, or regulation of private corporations.
Government-owned or controlled corporations may be created or
The State shall pursue a trade policy that serves the general welfare established by special charters in the interest of the common good
and utilizes all forms and arrangements of exchange on the basis of and subject to the test of economic viability.
equality and reciprocity.
SEC. 17.
SEC. 14.
In times of national emergency, when the public interest so
The sustained development of a reservoir of national talents requires, the State may, during the emergency and under
consisting of Filipino reasonable terms prescribed by it, temporarily take over or direct
the operation of any privately owned public utility or business
affected with public interest.
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SEC. 18. Foreign loans may only be incurred in accordance with law and the
regulation of the monetary authority. Information on foreign loans
The State may, in the interest of national welfare or defense, obtained or guaranteed by the Government shall be made available
establish and operate vital industries and, upon payment of just to the public.
compensation, transfer to public ownership utilities and other
private enterprises to be operated by the Government. SEC. 22.
SEC. 19. Acts which circumvent or negate any of the provisions of this Article
shall be considered inimical to the national interest and subject to
The State shall regulate or prohibit monopolies when the public criminal and civil sanctions, as may be provided by law.
interest so requires. No combinations in restraint of trade or
unfair competition shall be allowed. ARTICLE XVI
The Congress shall establish an independent central monetary SECTION 1. (Philippine Flag)
authority, the members of whose governing board must be
The flag of the Philippines shall be red, white, and blue, with a sun
1. natural-born Filipino citizens, and three stars, as consecrated and honored by the people and
2. of known integrity, and patriotism, recognized by law.
3. the majority of whom shall come from the private sector. SEC. 2.
4. They shall also be subject to such other qualifications and The Congress may, by law, adopt a
disabilities as may be prescribed by law.
1. new name for the country,
The authority shall provide policy direction in the areas of money, 2. a national anthem, or
banking, and credit.
3. a national seal, which shall be truly reflective and symbolic of
It shall have supervision over the operations of banks and exercise the
such regulatory powers as may be provided by law over the
operations of finance companies and other institutions performing a. ideals,
similar functions.
b. history, and
Until the Congress otherwise provides, the Central Bank of the
Philippines, operating under existing laws, shall function as the
c. traditions of the people.
central monetary authority.
Such law shall take effect only upon its ratification by the
SEC. 21.
people in a national referendum.
The Armed Forces of the Philippines shall be composed of a citizen The State shall establish and maintain one police force, which shall
armed force which shall undergo military training and serve, as may be
be provided by law. It shall keep a regular force necessary for the
security of the State. 1. national in scope and
2. civilian in character,
SEC. 5.
3. to be administered and controlled by a national police
(1) All members of the armed forces shall take an oath or affirmation commission.
to uphold and defend this Constitution.
The authority of local executives over the police units in their
(2) The State shall strengthen the patriotic spirit and nationalist jurisdiction shall be provided by law.
consciousness of the military, and respect for people's rights in the
performance of their duty. SEC. 7.
(3) Professionalism in the armed forces and adequate remuneration The State shall provide immediate and adequate care, benefits, and
and benefits of its members shall be a prime concern of the State. other forms of assistance to war veterans and veterans of military
The armed forces shall be insulated from partisan politics. campaigns, their surviving spouses and orphans. Funds shall be
provided therefor and due consideration shall be given them
No member of the military shall engage directly or indirectly in the disposition of agricultural lands of the public domain
in any partisan political activity, except to vote. and, in appropriate cases, in the utilization of natural
resources.
(4) No member of the armed forces in the active service shall, at any
time, be appointed or designated in any capacity to a civilian SEC. 8.
position in the Government including government-owned or
controlled corporations or any of their subsidiaries. The State shall, from time to time, review to upgrade the pensions
and other benefits due to retirees of both the government and the
(5) Laws on retirement of military officers shall not allow extension private sectors.
of their service.
SEC. 9.
(6) The officers and men of the regular force of the armed forces
shall be recruited proportionately from all provinces and cities as far The State shall protect consumers from trade malpractices and from
as practicable. substandard or hazardous products.
(7) The tour of duty of the Chief of Staff of the Armed forces SEC. 10.
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The State shall provide the policy environment for of the members of which shall come from such communities.
3. the balanced flow of information into, out of, and across the SECTION 1.
country,
Any amendment to, or revision of, this Constitution may be proposed
4. in accordance with a policy that respects the freedom of by:
speech and of the press.
(1) The Congress, upon a vote of three-fourths of all its Members; or
SEC. 11.
(2) A constitutional convention.
(1) The ownership and management of mass media shall be
limited to citizens of the Philippines, or to corporations,
SEC. 2.
cooperatives or associations, wholly-owned and managed by
such citizens.
Amendments to this Constitution may likewise be
The Congress shall regulate or prohibit monopolies in commercial
mass media when the public interest so requires. No combinations in 1. directly proposed by the people through initiative upon a
restraint of trade or unfair competition therein shall be allowed. petition of at least 12 % of the total number of registered
voters, of which every legislative district must be represented
by at least 3 % of the registered voters therein.
(2) The advertising industry is impressed with public interest, and
2. No amendment under this section shall be authorized within
shall be regulated by law for the protection of consumers and the
5 years following the ratification of this Constitution nor
promotion of the general welfare.
oftener than once every 5 years thereafter.
Only Filipino citizens or corporations or associations at least 70 % of
The Congress shall provide for the implementation of the
the capital of which is owned by such citizens shall be allowed to
exercise of this right.
engage in the advertising industry.
SEC. 3.
The participation of foreign investors in the governing body of
entities in such industry shall be limited to their proportionate share
in the capital thereof, and all the executive and managing officers of 1. The Congress may, by a vote of 2/3 of all its Members, call a
such entities must be citizens of the Philippines. constitutional convention, or
2. by a majority vote of all its Members, submit to the electorate
SEC. 12. the question of calling such a convention.
The Congress may create a consultative body to advise the President SEC. 4.
on policies affecting indigenous cultural communities, the majority
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1. Any amendment to, orrevision of, this Constitution under remaining twelve for three years.
Section 1 hereof
2. shall be valid when ratified by a majority of the votes cast in a SEC. 3. (Municipal Laws)
plebiscite
All existing laws, decrees, executive orders, proclamations, letters of
3. which shall be held not earlier than 60 days nor later than 90 instructions, and other executive issuances not inconsistent with this
days after the approval of such amendment or revision. Constitution shall remain operative until amended, repealed, or
revoked.
1. Any amendment under Section 2 hereof
SEC. 4. (Intrnational Agreements)
2. shall be valid when ratified by a majority of the votes cast in a
plebiscite All existing treaties or international agreements which have not
been ratified shall not be renewed or extended without the
3. which shall be held not earlier than 60 days nor later than 90 concurrence of at least 2/3 of all the Members of the Senate.
days after the certification by the Commission on Elections of
the sufficiency of the petition. SEC. 5. (1st Presidential Elections)
ARTICLE XVIII The 6-year term of the incumbent President and Vice-President
elected in the February 7, 1986 election is, for purposes of
Transitory Provisions synchronization of elections, hereby extended to noon of June 30,
1992.
SECTION 1.
The first regular elections for the President and Vice-President
The first elections of the Members of the Congress under this under this Constitution shall be held on the 2nd Monday of May,
Constitution shall be held on the 2nd Monday of May, 1987. 1992.
The first local elections shall be held on a date to be determined by SEC. 6. (The President)
the President, which may be simultaneous with the election of the
Members of the Congress. It shall include the election of all The incumbent President shall continue to exercise legislative
Members of the city or municipal councils in the Metropolitan powers until the first Congress is convened.
Manila area.
SEC. 7. (Sectoral Representatives)
SEC. 2. (1st Elections of Senators)
Until a law is passed, the President may fill by appointment from a
The Senators, Members of the House of Representatives, and the list of nominees by the respective sectors the seats reserved for
local officials first elected under this Constitution shall serve until sectoral representation in paragraph (2), Section 5 of Article VI of
noon of June 30, 1992. this Constitution.
Of the Senators elected in the election of 1992, the first twelve SEC. 8. (Metropolitan Authority)
obtaining the highest number of votes shall serve six years and the
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Until otherwise provided by the Congress, the President may SEC. 14.
constitute the Metropolitan Authority to be composed of the heads of
all local government units comprising the Metropolitan Manila area. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of
this Constitution shall apply to cases or matters filed before the
SEC. 9. (Provinces) ratification of this Constitution, when the applicable period lapses
after such ratification.
A sub-province shall continue to exist and operate until it is
converted into a regular province or until its component SEC. 15. (Constitutional Commissions)
municipalities are reverted to the mother province.
The incumbent Members of the
SEC. 10. (Courts)
1. Civil Service Commission,
All courts existing at the time of the ratification of this Constitution 2. the Commission on Elections, and
shall continue to exercise their jurisdiction, until otherwise provided
by law. The provisions of the existing Rules of Court, judiciary acts, 3. the Commission on Audit
and procedural laws not inconsistent with this Constitution shall
remain operative unless amended or repealed by the Supreme Court shall continue in office for 1 year after the ratification of this
or the Congress. Constitution, unless they are sooner removed for cause or become
incapacitated to discharge the duties of their office or appointed to a
SEC. 11. (Incumbent Members of the Judiciary) new term thereunder. In no case shall any Member serve longer than
7 years including service before the ratification of this Constitution.
The incumbent Members of the Judiciary shall continue in office until
they reach the age of 70 years or become incapacitated to discharge SEC. 16.
the duties of their office or are removed for cause.
Career civil service employees separated from the service not for
SEC. 12. (Duty of the SC and other Courts) cause but as a result of the reorganization pursuant to Proclamation
No. 3 dated March 25, 1986 and the reorganization following the
The Supreme Court shall, within one year after the ratification of ratification of this Constitution shall be entitled to appropriate
this Constitution, adopt a systematic plan to expedite the decision or separation pay and to retirement and other benefits accruing
resolution of cases or matters pending in the Supreme Court or the to them under the laws of general application in force at the
lower courts prior to the effectivity of this Constitution. A similar time of their separation.
plan shall be adopted for all special courts and quasi-judicial bodies.
In lieu thereof, at the option of the employees, they may be
SEC. 13. considered for employment in the Government or in any of its
subdivisions, instrumentalities, or agencies, including
The legal effect of the lapse, before the ratification of this government-owned or controlled corporations and their
Constitution, of the applicable period for the decision or resolution subsidiaries.
of the cases or matters submitted for adjudication by the courts,
shall be determined by the Supreme Court as soon as practicable. This provision also applies to career officers whose resignation,
tendered in line with the existing policy, had been accepted.
3. the Senators, the Members of the House of At the earliest possible time, the Government shall expropriate idle
Representatives, the Associate Justices of the Supreme or abandoned lands as may be defined by law, for distribution to the
Court, and the Chairmen of the Constitutional beneficiaries of the agrarian reform program.
Commissions, P204,000 each; and
SEC. 23. (Advertising Entitites)
4. the Members of the Constitutional Commissions,
P180,000 each. Advertising entities affected by paragraph (2), Section 11 of Article
XVI of this Constitution shall have 5 years from its ratification to
SEC. 18. (Salary Scales) comply on a graduated or proportionate basis with the minimum
Filipino ownership requirement therein.
At the earliest possible time, the Government shall increase the
salary scales of other officials and employees of the National SEC. 24. (Private Armies)
Government.
Private armies and other armed groups not recognized by duly
SEC. 19. (Properties and Assets of Abolished Offices) constituted authority shall be dismantled. All paramilitary forces
including Civilian Home Defense Forces not consistent with the
citizen armed force established in this Constitution, shall be
All properties, records, equipment, buildings, facilities, and other
dissolved or, where appropriate, converted into the regular force.
assets of any office or body abolished or reorganized under
Proclamation No. 3 dated March 25, 1986 or this Constitution shall
be transferred to the office or body to which its powers, functions, SEC. 25. (U.S. Bases)
and responsibilities substantially pertain.
After the expiration in 1991 of the Agreement between the Republic
SEC. 20. (Policy of Education) of the Philippines and the United States of America concerning
Military Bases, foreign military bases, troops, or facilities shall not
be allowed in the Philippines except under a treaty duly concurred in
The first Congress shall give priority to the determination of the
by the Senate and, when the Congress so requires, ratified by a
period for the full implementation of free public secondary
majority of the votes cast by the people in a national referendum
education.
held for that purpose, and recognized as a treaty by the other
contracting State.
SEC. 21. (Lands of the Public Domain)
SEC. 26. (Sequestration or Freeze Orders)
The Congress shall provide efficacious procedures and adequate
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The authority to issue sequestration or freeze orders under
Proclamation No. 3 dated March 25, 1986 in relation to the recovery
of ill-gotten wealth shall remain operative for not more than 18
months after the ratification of this Constitution. However, in the
national interest, as certified by the President, the Congress may
extend said period.