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1987 CONSTITUTION OF THE Sovereignty resides in the people and

REPUBLIC OF THE PHILIPPINES all government authority emanates


from them.

Section 2. The Philippines renounces


PREAMBLE war as an instrument of national
policy, adopts the generally accepted
We, the sovereign Filipino people, principles of international law as part
imploring the aid of Almighty God, in of the law of the land and adheres to
order to build a just and humane the policy of peace, equality, justice,
society, and establish a Government freedom, cooperation, and amity with
that shall embody our ideals and all nations.
aspirations, promote the common
good, conserve and develop our Section 3. Civilian authority is, at all
patrimony, and secure to ourselves times, supreme over the military. The
and our posterity, the blessings of Armed Forces of the Philippines is the
independence and democracy under protector of the people and the State.
the rule of law and a regime of truth, Its goal is to secure the sovereignty of
justice, freedom, love, equality, and the State and the integrity of the
peace, do ordain and promulgate this national territory.
Constitution.
Section 4. The prime duty of the
Government is to serve and protect
the people. The Government may call
ARTICLE I upon the people to defend the State
NATIONAL TERRITORY and, in the fulfillment thereof, all
citizens may be required, under
The national territory comprises the conditions provided by law, to render
Philippine archipelago, with all the personal, military or civil service.
islands and waters embraced therein,
and all other territories over which Section 5. The maintenance of peace
the Philippines has sovereignty or and order, the protection of life,
jurisdiction, consisting of its liberty, and property, and promotion
terrestrial, fluvial and aerial domains, of the general welfare are essential for
including its territorial sea, the the enjoyment by all the people of the
seabed, the subsoil, the insular blessings of democracy.
shelves, and other submarine areas.
The waters around, between, and Section 6. The separation of Church
connecting the islands of the and State shall be inviolable.
archipelago, regardless of their
breadth and dimensions, form part of
the internal waters of the Philippines.
STATE POLICIES
ARTICLE II
DECLARATION OF PRINCIPLES Section 7. The State shall pursue an
AND STATE POLICIES PRINCIPLES independent foreign policy. In its
relations with other states, the
Section 1. The Philippines is a paramount consideration shall be
democratic and republican State. national sovereignty, territorial
integrity, national interest, and the Section 14. The State recognizes the
right to self-determination. role of women in nation-building, and
shall ensure the fundamental equality
Section 8. The Philippines, consistent before the law of women and men.
with the national interest, adopts and
pursues a policy of freedom from Section 15. The State shall protect
nuclear weapons in its territory. and promote the right to health of the
people and instill health
Section 9. The State shall promote a consciousness among them.
just and dynamic social order that
will ensure the prosperity and Section 16. The State shall protect
independence of the nation and free and advance the right of the people to
the people from poverty through a balanced and healthful ecology in
policies that provide adequate social accord with the rhythm and harmony
services, promote full employment, a of nature.
rising standard of living, and an
improved quality of life for all. Section 17. The State shall give
priority to education, science and
Section 10. The State shall promote technology, arts, culture, and sports
social justice in all phases of national to foster patriotism and nationalism,
development. accelerate social progress, and
promote total human liberation and
Section 11. The State values the development.
dignity of every human person and
guarantees full respect for human Section 18. The State affirms labor
rights. as a primary social economic force. It
shall protect the rights of workers and
Section 12. The State recognizes the promote their welfare.
sanctity of family life and shall protect
and strengthen the family as a basic Section 19. The State shall develop a
autonomous social institution. It shall self-reliant and independent national
equally protect the life of the mother economy effectively controlled by
and the life of the unborn from Filipinos.
conception. The natural and primary
right and duty of parents in the Section 20. The State recognizes the
rearing of the youth for civic efficiency indispensable role of the private
and the development of moral sector, encourages private enterprise,
character shall receive the support of and provides incentives to needed
the Government. investments.

Section 13. The State recognizes the Section 21. The State shall promote
vital role of the youth in nation- comprehensive rural development and
building and shall promote and agrarian reform.
protect their physical, moral,
spiritual, intellectual, and social well- Section 22. The State recognizes and
being. It shall inculcate in the youth promotes the rights of indigenous
patriotism and nationalism, and cultural communities within the
encourage their involvement in public framework of national unity and
and civic affairs. development.
Section 23. The State shall search warrant or warrant of arrest
encourage non-governmental, shall issue except upon probable
community-based, or sectoral cause to be determined personally by
organizations that promote the the judge after examination under
welfare of the nation. oath or affirmation of the complainant
and the witnesses he may produce,
Section 24. The State recognizes the and particularly describing the place
vital role of communication and to be searched and the persons or
information in nation-building. things to be seized.
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Section 25. The State shall ensure
the autonomy of local governments. Section 3.

Section 26. The State shall guarantee 1. The privacy of communication


equal access to opportunities for and correspondence shall be
public service and prohibit political inviolable except upon lawful
dynasties as may be defined by law. order of the court, or when
public safety or order requires
Section 27. The State shall maintain otherwise, as prescribed by law.
honesty and integrity in the public 2. Any evidence obtained in
service and take positive and effective violation of this or the preceding
measures against graft and section shall be inadmissible for
corruption. any purpose in any proceeding.

Section 28. Subject to reasonable Section 4. No law shall be passed


conditions prescribed by law, the abridging the freedom of speech, of
State adopts and implements a policy expression, or of the press, or the
of full public disclosure of all its right of the people peaceably to
transactions involving public interest. assemble and petition the government
for redress of grievances.

Section 5. No law shall be made


ARTICLE III respecting an establishment of
BILL OF RIGHTS religion, or prohibiting the free
exercise thereof. The free exercise and
enjoyment of religious profession and
worship, without discrimination or
Section 1. No person shall be preference, shall forever be allowed.
deprived of life, liberty, or property No religious test shall be required for
without due process of law, nor shall the exercise of civil or political rights.
any person be denied the equal
protection of the laws. Section 6. The liberty of abode and of
changing the same within the limits
Section 2. The right of the people to prescribed by law shall not be
be secure in their persons, houses, impaired except upon lawful order of
papers, and effects against the court. Neither shall the right to
unreasonable searches and seizures travel be impaired except in the
of whatever nature and for any interest of national security, public
purpose shall be inviolable, and no
safety, or public health, as may be except in writing and in the
provided by law. presence of counsel.
2. No torture, force, violence,
Section 7. The right of the people to threat, intimidation, or any
information on matters of public other means which vitiate the
concern shall be recognized. Access to free will shall be used against
official records, and to documents and him. Secret detention places,
papers pertaining to official acts, solitary, incommunicado, or
transactions, or decisions, as well as other similar forms of detention
to government research data used as are prohibited.
basis for policy development, shall be 3. Any confession or admission
afforded the citizen, subject to such obtained in violation of this or
limitations as may be provided by law. Section 17 hereof shall be
inadmissible in evidence
Section 8. The right of the people, against him.
including those employed in the 4. The law shall provide for penal
public and private sectors, to form and civil sanctions for violations
unions, associations, or societies for of this Section as well as
purposes not contrary to law shall not compensation to the
be abridged. rehabilitation of victims of
torture or similar practices, and
Section 9. Private property shall not their families.
be taken for public use without just
compensation. Section 13. All persons, except those
charged with offenses punishable by
Section 10. No law impairing the reclusion perpetua when evidence of
obligation of contracts shall be guilt is strong, shall, before
passed. conviction, be bailable by sufficient
sureties, or be released on
Section 11. Free access to the courts recognizance as may be provided by
and quasi-judicial bodies and law. The right to bail shall not be
adequate legal assistance shall not be impaired even when the privilege of
denied to any person by reason of the writ of habeas corpus is
poverty. suspended. Excessive bail shall not be
required.
Section 12.
Section 14.
1. Any person under investigation
for the commission of an 1. No person shall be held to
offense shall have the right to answer for a criminal offense
be informed of his right to without due process of law.
remain silent and to have 2. In all criminal prosecutions, the
competent and independent accused shall be presumed
counsel preferably of his own innocent until the contrary is
choice. If the person cannot proved, and shall enjoy the
afford the services of counsel, right to be heard by himself and
he must be provided with one. counsel, to be informed of the
These rights cannot be waived nature and cause of the
accusation against him, to have
a speedy, impartial, and public hereafter provides for it. Any
trial, to meet the witnesses face death penalty already imposed
to face, and to have compulsory shall be reduced to reclusion
process to secure the perpetua.
attendance of witnesses and the 2. The employment of physical,
production of evidence in his psychological, or degrading
behalf. However, after punishment against any
arraignment, trial may proceed prisoner or detainee or the use
notwithstanding the absence of of substandard or inadequate
the accused: Provided, that he penal facilities under
has been duly notified and his subhuman conditions shall be
failure to appear is dealt with by law.
unjustifiable.
Section 20. No person shall be
Section 15. The privilege of the writ imprisoned for debt or non-payment
of habeas corpus shall not be of a poll tax.
suspended except in cases of invasion
or rebellion, when the public safety Section 21. No person shall be twice
requires it. put in jeopardy of punishment for the
same offense. If an act is punished by
Section 16. All persons shall have a law and an ordinance, conviction or
the right to a speedy disposition of acquittal under either shall constitute
their cases before all judicial, quasi- a bar to another prosecution for the
judicial, or administrative bodies. same act.

Section 17. No person shall be Section 22. No ex post facto law or


compelled to be a witness against bill of attainder shall be enacted.
himself.

Section 18.
ARTICLE IV
1. No person shall be detained CITIZENSHIP
solely by reason of his political
beliefs and aspirations. Section 1. The following are citizens
2. No involuntary servitude in any of the Philippines:
form shall exist except as a
punishment for a crime whereof 1. Those who are citizens of the
the party shall have been duly Philippines at the time of the
convicted. adoption of this Constitution;
2. Those whose fathers or mothers
Section 19. are citizens of the Philippines;
3. Those born before January 17,
1. Excessive fines shall not be 1973, of Filipino mothers, who
imposed, nor cruel, degrading elect Philippine Citizenship
or inhuman punishment upon reaching the age of
inflicted. Neither shall death majority; and
penalty be imposed, unless, for 4. Those who are naturalized in
compelling reasons involving the accordance with law.
heinous crimes, the Congress
Section 2. Natural-born citizens are The Congress shall also design a
those who are citizens of the procedure for the disabled and the
Philippines from birth without having illiterates to vote without the
to perform any act to acquire or assistance of other persons. Until
perfect their Philippine citizenship. then, they shall be allowed to vote
Those who elect Philippine citizenship under existing laws and such rules as
in accordance with paragraph (3), the Commission on Elections may
Section 1 hereof shall be deemed promulgate to protect the secrecy of
natural-born citizens. the ballot.

Section 3. Philippine citizenship may


be lost or reacquired in the manner
provided by law. ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 4. Citizens of the Philippines
who marry aliens shall retain their Section 1. The legislative power shall
citizenship, unless by their act or be vested in the Congress of the
omission they are deemed, under the Philippines which shall consist of a
law to have renounced it. Senate and a House of
Representatives, except to the extent
Section 5. Dual allegiance of citizens reserved to the people by the
is inimical to the national interest and provision on initiative and
shall be dealt with by law. referendum.

Section 2. The Senate shall be


composed of twenty-four Senators
ARTICLE V who shall be elected at large by the
SUFFRAGE qualified voters of the Philippines, as
may be provided by law.
Section 1. Suffrage may be exercised
by all citizens of the Philippines, not Section 3. No person shall be a
otherwise disqualified by law, who are Senator unless he is a natural-born
at least eighteen years of age, and citizen of the Philippines and, on the
who shall have resided in the day of the election, is at least thirty-
Philippines for at least one year and five years of age, able to read and
in the place wherein they propose to write, a registered voter, and a
vote, for at least six months resident of the Philippines for not less
immediately preceding the election. than two years immediately preceding
No literacy, property, or other the day of the election.
substantive requirement shall be
imposed on the exercise of suffrage. Section 4. The term of office of the
Senators shall be six years and shall
Section 2. The Congress shall provide commence, unless otherwise provided
a system for securing the secrecy and by law, at noon on the thirtieth day of
sanctity of the ballot as well as a June next following their election. No
system for absentee voting by Senator shall serve for more than two
qualified Filipinos abroad. consecutive terms. Voluntary
renunciation of the office for any
length of time shall not be considered
as an interruption in the continuity of 4. Within three years following the
his service for the full term of which return of every census, the
he was elected. Congress shall make a
reapportionment of legislative
Section 5. districts based on the
standards provided in this
1. The House of Representatives section.
shall be composed of not more
than two hundred and fifty Section 6. No person shall be a
members, unless otherwise Member of the House of
fixed by law, who shall be Representatives unless he is a
elected from legislative districts natural-born citizen of the Philippines
apportioned among the and, on the day of the election, is at
provinces, cities, and the least twenty-five years of age, able to
Metropolitan Manila area in read and write, and, except the party-
accordance with the number of list representatives, a registered voter
their respective inhabitants, in the district in which he shall be
and on the basis of a uniform elected, and a resident thereof for a
and progressive ratio, and those period of not less than one year
who, as provided by law, shall immediately preceding the day of the
be elected through a party-list election.
system of registered national,
regional, and sectoral parties or Section 7. The Members of the House
organizations. of Representatives shall be elected for
2. The party-list representatives a term of three years which shall
shall constitute twenty per begin, unless otherwise provided by
centum of the total number of law, at noon on the thirtieth day of
representatives including those June next following their election. No
under the party list. For three Member of the House of
consecutive terms after the Representatives shall serve for more
ratification of this Constitution, than three consecutive terms.
one-half of the seats allocated Voluntary renunciation of the office
to party-list representatives for any length of time shall not be
shall be filled, as provided by considered as an interruption in the
law, by selection or election continuity of his service for the full
from the labor, peasant, urban term for which he was elected.
poor, indigenous cultural
communities, women, youth, Section 8. Unless otherwise provided
and such other sectors as may by law, the regular election of the
be provided by law, except the Senators and the Members of the
religious sector. House of Representatives shall be
3. Each legislative district shall held on the second Monday of May.
comprise, as far as practicable,
contiguous, compact, and Section 9. In case of vacancy in the
adjacent territory. Each city Senate or in the House of
with a population of at least two Representatives, a special election
hundred fifty thousand, or each may be called to fill such vacancy in
province, shall have at least one the manner prescribed by law, but the
representative. Senator or Member of the House of
Representatives thus elected shall Section 14. No Senator or Member of
serve only for the unexpired term. the House of Representatives may
personally appear as counsel before
Section 10. The salaries of Senators any court of justice or before the
and Members of the House of Electoral Tribunals, or quasi-judicial
Representatives shall be determined and other administrative bodies.
by law. No increase in said Neither shall he, directly or indirectly,
compensation shall take effect until be interested financially in any
after the expiration of the full term of contract with, or in any franchise or
all the Members of the Senate and the special privilege granted by the
House of Representatives approving Government, or any subdivision,
such increase. agency, or instrumentality thereof,
including any government-owned or
Section 11. A Senator or Member of controlled corporation, or its
the House of Representatives shall, in subsidiary, during his term of office.
all offenses punishable by not more He shall not intervene in any matter
than six years imprisonment, be before any office of the Government
privileged from arrest while the for his pecuniary benefit or where he
Congress is in session. No Member may be called upon to act on account
shall be questioned nor be held liable of his office.
in any other place for any speech or
debate in the Congress or in any Section 15. The Congress shall
committee thereof. convene once every year on the fourth
Monday of July for its regular session,
Section 12. All Members of the unless a different date is fixed by law,
Senate and the House of and shall continue to be in session for
Representatives shall, upon such number of days as it may
assumption of office, make a full determine until thirty days before the
disclosure of their financial and opening of its next regular session,
business interests. They shall notify exclusive of Saturdays, Sundays, and
the House concerned of a potential legal holidays. The President may call
conflict of interest that may arise from a special session at any time.
the filing of a proposed legislation of
which they are authors. Section 16.

Section 13. No Senator or Member of 1. The Senate shall elect its


the House of Representatives may President and the House of
hold any other office or employment Representatives, its Speaker, by
in the Government, or any a majority vote of all its
subdivision, agency, or respective Members. Each
instrumentality thereof, including House shall choose such other
government-owned or controlled officers as it may deem
corporations or their subsidiaries, necessary.
during his term without forfeiting his 2. A majority of each House shall
seat. Neither shall he be appointed to constitute a quorum to do
any office which may have been business, but a smaller number
created or the emoluments thereof may adjourn from day to day
increased during the term for which and may compel the attendance
he was elected. of absent Members in such
manner, and under such organizations registered under the
penalties, as such House may party-list system represented therein.
provide. The senior Justice in the Electoral
3. Each House may determine the Tribunal shall be its Chairman.
rules of its proceedings, punish
its Members for disorderly Section 18. There shall be a
behavior, and, with the Commission on Appointments
concurrence of two-thirds of all consisting of the President of the
its Members, suspend or expel Senate, as ex officio Chairman, twelve
a Member. A penalty of Senators, and twelve Members of the
suspension, when imposed, House of Representatives, elected by
shall not exceed sixty days. each House on the basis of
4. Each House shall keep a proportional representation from the
Journal of its proceedings, and political parties and parties or
from time to time publish the organizations registered under the
same, excepting such parts as party-list system represented therein.
may, in its judgment, affect The chairman of the Commission
national security; and the yeas shall not vote, except in case of a tie.
and nays on any question shall, The Commission shall act on all
at the request of one-fifth of the appointments submitted to it within
Members present, be entered in thirty session days of the Congress
the Journal. Each House shall from their submission. The
also keep a Record of its Commission shall rule by a majority
proceedings. vote of all the Members.
5. Neither House during the
sessions of the Congress shall, Section 19. The Electoral Tribunals
without the consent of the and the Commission on Appointments
other, adjourn for more than shall be constituted within thirty days
three days, nor to any other after the Senate and the House of
place than that in which the Representatives shall have been
two Houses shall be sitting. organized with the election of the
President and the Speaker. The
Section 17. The Senate and the Commission on Appointments shall
House of Representatives shall each meet only while the Congress is in
have an Electoral Tribunal which session, at the call of its Chairman or
shall be the sole judge of all contests a majority of all its Members, to
relating to the election, returns, and discharge such powers and functions
qualifications of their respective as are herein conferred upon it.
Members. Each Electoral Tribunal
shall be composed of nine Members, Section 20. The records and books of
three of whom shall be Justices of the accounts of the Congress shall be
Supreme Court to be designated by preserved and be open to the public
the Chief Justice, and the remaining in accordance with law, and such
six shall be Members of the Senate or books shall be audited by the
the House of Representatives, as the Commission on Audit which shall
case may be, who shall be chosen on publish annually an itemized list of
the basis of proportional amounts paid to and expenses for
representation from the political each Member.
parties and the parties or
Section 21. The Senate or the House resolution of the Congress,
of Representatives or any of its such powers shall cease upon
respective committees may conduct the next adjournment thereof.
inquiries in aid of legislation in
accordance with its duly published Section 24. All appropriation,
rules of procedure. The rights of revenue or tariff bills, bills authorizing
persons appearing in, or affected by, increase of the public debt, bills of
such inquiries shall be respected. local application, and private bills,
shall originate exclusively in the
Section 22. The heads of House of Representatives, but the
departments may, upon their own Senate may propose or concur with
initiative, with the consent of the amendments.
President, or upon the request of
either House, as the rules of each Section 25.
House shall provide, appear before
and be heard by such House on any 1. The Congress may not increase
matter pertaining to their the appropriations
departments. Written questions shall recommended by the President
be submitted to the President of the for the operation of the
Senate or the Speaker of the House of Government as specified in the
Representatives at least three days budget. The form, content, and
before their scheduled appearance. manner of preparation of the
Interpellations shall not be limited to budget shall be prescribed by
written questions, but may cover law.
matters related thereto. When the 2. No provision or enactment shall
security of the State or the public be embraced in the general
interest so requires and the President appropriations bill unless it
so states in writing, the appearance relates specifically to some
shall be conducted in executive particular appropriation
session. therein. Any such provision or
enactment shall be limited in its
Section 23. operation to the appropriation
to which it relates.
1. The Congress, by a vote of two- 3. The procedure in approving
thirds of both Houses in joint appropriations for the Congress
session assembled, voting shall strictly follow the
separately, shall have the sole procedure for approving
power to declare the existence appropriations for other
of a state of war. departments and agencies.
2. In times of war or other 4. A special appropriations bill
national emergency, the shall specify the purpose for
Congress may, by law, which it is intended, and shall
authorize the President, for a be supported by funds actually
limited period and subject to available as certified by the
such restrictions as it may National Treasurer, or to be
prescribe, to exercise powers raised by a corresponding
necessary and proper to carry revenue proposal therein.
out a declared national policy. 5. No law shall be passed
Unless sooner withdrawn by authorizing any transfer of
appropriations; however, the enactment to meet a public
President, the President of the calamity or emergency. Upon
Senate, the Speaker of the the last reading of a bill, no
House of Representatives, the amendment thereto shall be
Chief Justice of the Supreme allowed, and the vote thereon
Court, and the heads of shall be taken immediately
Constitutional Commissions thereafter, and the yeas and
may, by law, be authorized to nays entered in the Journal.
augment any item in the
general appropriations law for Section 27.
their respective offices from
savings in other items of their 1. Every bill passed by the
respective appropriations. Congress shall, before it
6. Discretionary funds becomes a law, be presented to
appropriated for particular the President. If he approves
officials shall be disbursed only the same he shall sign it;
for public purposes to be otherwise, he shall veto it and
supported by appropriate return the same with his
vouchers and subject to such objections to the House where it
guidelines as may be prescribed originated, which shall enter
by law. the objections at large in its
7. If, by the end of any fiscal year, Journal and proceed to
the Congress shall have failed reconsider it. If, after such
to pass the general reconsideration, two-thirds of
appropriations bill for the all the Members of such House
ensuing fiscal year, the general shall agree to pass the bill, it
appropriations law for the shall be sent, together with the
preceding fiscal year shall be objections, to the other House
deemed re-enacted and shall by which it shall likewise be
remain in force and effect until reconsidered, and if approved
the general appropriations bill by two-thirds of all the
is passed by the Congress. Members of that House, it shall
become a law. In all such cases,
Section 26. the votes of each House shall be
determined by yeas or nays,
1. Every bill passed by the and the names of the Members
Congress shall embrace only voting for or against shall be
one subject which shall be entered in its Journal. The
expressed in the title thereof. President shall communicate
2. No bill passed by either House his veto of any bill to the House
shall become a law unless it where it originated within thirty
has passed three readings on days after the date of receipt
separate days, and printed thereof, otherwise, it shall
copies thereof in its final form become a law as if he had
have been distributed to its signed it.
Members three days before its 2. The President shall have the
passage, except when the power to veto any particular
President certifies to the item or items in an
necessity of its immediate appropriation, revenue, or tariff
bill, but the veto shall not affect institution, or system of
the item or items to which he religion, or of any priest,
does not object. preacher, minister, other
religious teacher, or dignitary
Section 28. as such, except when such
priest, preacher, minister, or
1. The rule of taxation shall be dignitary is assigned to the
uniform and equitable. The armed forces, or to any penal
Congress shall evolve a institution, or government
progressive system of taxation. orphanage or leprosarium.
2. The Congress may, by law, 3. All money collected on any tax
authorize the President to fix levied for a special purpose
within specified limits, and shall be treated as a special
subject to such limitations and fund and paid out for such
restrictions as it may impose, purpose only. If the purpose for
tariff rates, import and export which a special fund was
quotas, tonnage and wharfage created has been fulfilled or
dues, and other duties or abandoned, the balance, if any,
imposts within the framework shall be transferred to the
of the national development general funds of the
program of the Government. Government.
3. Charitable institutions,
churches and personages or Section 30. No law shall be passed
convents appurtenant thereto, increasing the appellate jurisdiction of
mosques, non-profit cemeteries, the Supreme Court as provided in this
and all lands, buildings, and Constitution without its advice and
improvements, actually, concurrence.
directly, and exclusively used
for religious, charitable, or Section 31. No law granting a title of
educational purposes shall be royalty or nobility shall be enacted.
exempt from taxation.
4. No law granting any tax Section 32. The Congress shall, as
exemption shall be passed early as possible, provide for a system
without the concurrence of a of initiative and referendum, and the
majority of all the Members of exceptions therefrom, whereby the
the Congress. people can directly propose and enact
laws or approve or reject any act or
Section 29. law or part thereof passed by the
Congress or local legislative body after
1. No money shall be paid out of the registration of a petition therefor
the Treasury except in signed by at least ten per centum of
pursuance of an appropriation the total number of registered voters,
made by law. of which every legislative district must
2. No public money or property be represented by at least three per
shall be appropriated, applied, centum of the registered voters
paid, or employed, directly or thereof.
indirectly, for the use, benefit,
or support of any sect, church,
denomination, sectarian
ARTICLE VII the service for the full term for which
EXECUTIVE DEPARTMENT he was elected.

Section 1. The executive power shall Unless otherwise provided by law, the
be vested in the President of the regular election for President and
Philippines. Vice-President shall be held on the
second Monday of May.
Section 2. No person may be elected
President unless he is a natural-born The returns of every election for
citizen of the Philippines, a registered President and Vice-President, duly
voter, able to read and write, at least certified by the board of canvassers of
forty years of age on the day of the each province or city, shall be
election, and a resident of the transmitted to the Congress, directed
Philippines for at least ten years to the President of the Senate. Upon
immediately preceding such election. receipt of the certificates of canvass,
the President of the Senate shall, not
Section 3. There shall be a Vice- later than thirty days after the day of
President who shall have the same the election, open all the certificates
qualifications and term of office and in the presence of the Senate and the
be elected with, and in the same House of Representatives in joint
manner, as the President. He may be public session, and the Congress,
removed from office in the same upon determination of the
manner as the President. authenticity and due execution
thereof in the manner provided by
The Vice-President may be appointed law, canvass the votes.
as a Member of the Cabinet. Such
appointment requires no The person having the highest
confirmation. number of votes shall be proclaimed
elected, but in case two or more shall
Section 4. The President and the have an equal and highest number of
Vice-President shall be elected by votes, one of them shall forthwith be
direct vote of the people for a term of chosen by the vote of a majority of all
six years which shall begin at noon on the Members of both Houses of the
the thirtieth day of June next Congress, voting separately.
following the day of the election and
shall end at noon of the same date, The Congress shall promulgate its
six years thereafter. The President rules for the canvassing of the
shall not be eligible for any re- certificates.
election. No person who has
succeeded as President and has The Supreme Court, sitting en banc,
served as such for more than four shall be the sole judge of all contests
years shall be qualified for election to relating to the election, returns, and
the same office at any time. qualifications of the President or Vice-
President, and may promulgate its
No Vice-President shall serve for more rules for the purpose.
than two successive terms. Voluntary
renunciation of the office for any Section 5. Before they enter on the
length of time shall not be considered execution of their office, the President,
as an interruption in the continuity of the Vice-President, or the Acting
President shall take the following oath Where no President and Vice-
or affirmation: President shall have been chosen or
shall have qualified, or where both
"I do solemnly swear (or affirm) that I shall have died or become
will faithfully and conscientiously permanently disabled, the President
fulfill my duties as President (or Vice- of the Senate or, in case of his
President or Acting President) of the inability, the Speaker of the House of
Philippines, preserve and defend its Representatives, shall act as
Constitution, execute its laws, do President until a President or a Vice-
justice to every man, and consecrate President shall have been chosen and
myself to the service of the Nation. So qualified.
help me God." (In case of affirmation,
last sentence will be omitted.) The Congress shall, by law, provide
for the manner in which one who is to
Section 6. The President shall have act as President shall be selected until
an official residence. The salaries of a President or a Vice-President shall
the President and Vice-President shall have qualified, in case of death,
be determined by law and shall not be permanent disability, or inability of
decreased during their tenure. No the officials mentioned in the next
increase in said compensation shall preceding paragraph.
take effect until after the expiration of
the term of the incumbent during Section 8. In case of death,
which such increase was approved. permanent disability, removal from
They shall not receive during their office, or resignation of the President,
tenure any other emolument from the the Vice-President shall become the
Government or any other source. President to serve the unexpired term.
In case of death, permanent disability,
Section 7. The President-elect and removal from office, or resignation of
the Vice President-elect shall assume both the President and Vice-
office at the beginning of their terms. President, the President of the Senate
or, in case of his inability, the
If the President-elect fails to qualify, Speaker of the House of
the Vice President-elect shall act as Representatives, shall then act as
President until the President-elect President until the President or Vice-
shall have qualified. President shall have been elected and
qualified.
If a President shall not have been
chosen, the Vice President-elect shall The Congress shall, by law, provide
act as President until a President who shall serve as President in case of
shall have been chosen and qualified. death, permanent disability, or
resignation of the Acting President. He
If at the beginning of the term of the shall serve until the President or the
President, the President-elect shall Vice-President shall have been elected
have died or shall have become and qualified, and be subject to the
permanently disabled, the Vice same restrictions of powers and
President-elect shall become disqualifications as the Acting
President. President.
Section 9. Whenever there is a them a written declaration to the
vacancy in the Office of the Vice- contrary, such powers and duties
President during the term for which shall be discharged by the Vice-
he was elected, the President shall President as Acting President.
nominate a Vice-President from
among the Members of the Senate Whenever a majority of all the
and the House of Representatives who Members of the Cabinet transmit to
shall assume office upon confirmation the President of the Senate and to the
by a majority vote of all the Members Speaker of the House of
of both Houses of the Congress, Representatives their written
voting separately. declaration that the President is
unable to discharge the powers and
Section 10. The Congress shall, at duties of his office, the Vice-President
ten o'clock in the morning of the third shall immediately assume the powers
day after the vacancy in the offices of and duties of the office as Acting
the President and Vice-President President.
occurs, convene in accordance with
its rules without need of a call and Thereafter, when the President
within seven days, enact a law calling transmits to the President of the
for a special election to elect a Senate and to the Speaker of the
President and a Vice-President to be House of Representatives his written
held not earlier than forty-five days declaration that no inability exists, he
nor later than sixty days from the shall reassume the powers and duties
time of such call. The bill calling such of his office. Meanwhile, should a
special election shall be deemed majority of all the Members of the
certified under paragraph 2, Section Cabinet transmit within five days to
26, Article V1 of this Constitution and the President of the Senate and to the
shall become law upon its approval on Speaker of the House of
third reading by the Congress. Representatives, their written
Appropriations for the special election declaration that the President is
shall be charged against any current unable to discharge the powers and
appropriations and shall be exempt duties of his office, the Congress shall
from the requirements of paragraph 4, decide the issue. For that purpose,
Section 25, Article V1 of this the Congress shall convene, if it is not
Constitution. The convening of the in session, within forty-eight hours, in
Congress cannot be suspended nor accordance with its rules and without
the special election postponed. No need of call.
special election shall be called if the
vacancy occurs within eighteen If the Congress, within ten days after
months before the date of the next receipt of the last written declaration,
presidential election. or, if not in session, within twelve
days after it is required to assemble,
Section 11. Whenever the President determines by a two-thirds vote of
transmits to the President of the both Houses, voting separately, that
Senate and the Speaker of the House the President is unable to discharge
of Representatives his written the powers and duties of his office,
declaration that he is unable to the Vice-President shall act as
discharge the powers and duties of President; otherwise, the President
his office, and until he transmits to
shall continue exercising the powers elected President, within ninety days
and duties of his office. from his assumption or reassumption
of office.
Section 12. In case of serious illness
of the President, the public shall be Section 15. Two months immediately
informed of the state of his health. before the next presidential elections
The members of the Cabinet in charge and up to the end of his term, a
of national security and foreign President or Acting President shall not
relations and the Chief of Staff of the make appointments, except
Armed Forces of the Philippines, shall temporary appointments to executive
not be denied access to the President positions when continued vacancies
during such illness. therein will prejudice public service or
endanger public safety.
Section 13. The President, Vice-
President, the Members of the Section 16. The President shall
Cabinet, and their deputies or nominate and, with the consent of the
assistants shall not, unless otherwise Commission on Appointments,
provided in this Constitution, hold appoint the heads of the executive
any other office or employment during departments, ambassadors, other
their tenure. They shall not, during public ministers and consuls, or
said tenure, directly or indirectly, officers of the armed forces from the
practice any other profession, rank of colonel or naval captain, and
participate in any business, or be other officers whose appointments are
financially interested in any contract vested in him in this Constitution. He
with, or in any franchise, or special shall also appoint all other officers of
privilege granted by the Government the Government whose appointments
or any subdivision, agency, or are not otherwise provided for by law,
instrumentality thereof, including and those whom he may be
government-owned or controlled authorized by law to appoint. The
corporations or their subsidiaries. Congress may, by law, vest the
They shall strictly avoid conflict of appointment of other officers lower in
interest in the conduct of their office. rank in the President alone, in the
courts, or in the heads of
The spouse and relatives by departments, agencies, commissions,
consanguinity or affinity within the or boards.
fourth civil degree of the President
shall not, during his tenure, be The President shall have the power to
appointed as Members of the make appointments during the recess
Constitutional Commissions, or the of the Congress, whether voluntary or
Office of the Ombudsman, or as compulsory, but such appointments
Secretaries, Undersecretaries, shall be effective only until
chairmen or heads of bureaus or disapproved by the Commission on
offices, including government-owned Appointments or until the next
or controlled corporations and their adjournment of the Congress.
subsidiaries.
Section 17. The President shall have
Section 14. Appointments extended control of all the executive
by an Acting President shall remain departments, bureaus, and offices. He
effective, unless revoked by the
shall ensure that the laws be thereon within thirty days from its
faithfully executed. filing.

Section 18. The President shall be A state of martial law does not
the Commander-in-Chief of all armed suspend the operation of the
forces of the Philippines and Constitution, nor supplant the
whenever it becomes necessary, he functioning of the civil courts or
may call out such armed forces to legislative assemblies, nor authorize
prevent or suppress lawless violence, the conferment of jurisdiction on
invasion or rebellion. In case of military courts and agencies over
invasion or rebellion, when the public civilians where civil courts are able to
safety requires it, he may, for a period function, nor automatically suspend
not exceeding sixty days, suspend the the privilege of the writ.
privilege of the writ of habeas corpus
or place the Philippines or any part The suspension of the privilege of the
thereof under martial law. Within writ shall apply only to persons
forty-eight hours from the judicially charged for rebellion or
proclamation of martial law or the offenses inherent in or directly
suspension of the privilege of the writ connected with invasion.
of habeas corpus, the President shall
submit a report in person or in During the suspension of the privilege
writing to the Congress. The of the writ, any person thus arrested
Congress, voting jointly, by a vote of or detained shall be judicially charged
at least a majority of all its Members within three days, otherwise he shall
in regular or special session, may be released.
revoke such proclamation or
suspension, which revocation shall Section 19. Except in cases of
not be set aside by the President. impeachment, or as otherwise
Upon the initiative of the President, provided in this Constitution, the
the Congress may, in the same President may grant reprieves,
manner, extend such proclamation or commutations, and pardons, and
suspension for a period to be remit fines and forfeitures, after
determined by the Congress, if the conviction by final judgment.
invasion or rebellion shall persist and
public safety requires it. He shall also have the power to grant
amnesty with the concurrence of a
The Congress, if not in session, shall, majority of all the Members of the
within twenty-four hours following Congress.
such proclamation or suspension,
convene in accordance with its rules Section 20. The President may
without need of a call. contract or guarantee foreign loans on
behalf of the Republic of the
The Supreme Court may review, in an Philippines with the prior concurrence
appropriate proceeding filed by any of the Monetary Board, and subject to
citizen, the sufficiency of the factual such limitations as may be provided
basis of the proclamation of martial by law. The Monetary Board shall,
law or the suspension of the privilege within thirty days from the end of
of the writ or the extension thereof, every quarter of the calendar year,
and must promulgate its decision submit to the Congress a complete
report of its decision on applications any branch or instrumentality of the
for loans to be contracted or Government.
guaranteed by the Government or
government-owned and controlled Section 2. The Congress shall have
corporations which would have the the power to define, prescribe, and
effect of increasing the foreign debt, apportion the jurisdiction of the
and containing other matters as may various courts but may not deprive
be provided by law. the Supreme Court of its jurisdiction
over cases enumerated in Section 5
Section 21. No treaty or international hereof.
agreement shall be valid and effective
unless concurred in by at least two- No law shall be passed reorganizing
thirds of all the Members of the the Judiciary when it undermines the
Senate. security of tenure of its Members.

Section 22. The President shall Section 3. The Judiciary shall enjoy
submit to the Congress, within thirty fiscal autonomy. Appropriations for
days from the opening of every regular the Judiciary may not be reduced by
session as the basis of the general the legislature below the amount
appropriations bill, a budget of appropriated for the previous year
expenditures and sources of and, after approval, shall be
financing, including receipts from automatically and regularly released.
existing and proposed revenue
measures. Section 4.

Section 23. The President shall 1. The Supreme Court shall be


address the Congress at the opening composed of a Chief Justice
of its regular session. He may also and fourteen Associate
appear before it at any other time. Justices. It may sit en banc or
in its discretion, in division of
three, five, or seven Members.
Any vacancy shall be filled
ARTICLE VIII within ninety days from the
JUDICIAL DEPARTMENT occurrence thereof.
2. All cases involving the
Section 1. The judicial power shall be constitutionality of a treaty,
vested in one Supreme Court and in international or executive
such lower courts as may be agreement, or law, which shall
established by law. be heard by the Supreme Court
en banc, and all other cases
Judicial power includes the duty of which under the Rules of Court
the courts of justice to settle actual are required to be heard en
controversies involving rights which banc, including those involving
are legally demandable and the constitutionality,
enforceable, and to determine application, or operation of
whether or not there has been a grave presidential decrees,
abuse of discretion amounting to lack proclamations, orders,
or excess of jurisdiction on the part of instructions, ordinances, and
other regulations, shall be
decided with the concurrence of b. All cases involving the
a majority of the Members who legality of any tax,
actually took part in the impost, assessment, or
deliberations on the issues in toll, or any penalty
the case and voted thereon. imposed in relation
3. Cases or matters heard by a thereto.
division shall be decided or c. All cases in which the
resolved with the concurrence jurisdiction of any lower
of a majority of the Members court is in issue.
who actually took part in the d. All criminal cases in
deliberations on the issues in which the penalty
the case and voted thereon, and imposed is reclusion
in no case without the perpetua or higher.
concurrence of at least three of e. All cases in which only an
such Members. When the error or question of law is
required number is not involved.
obtained, the case shall be 3. Assign temporarily judges of
decided en banc: Provided, that lower courts to other stations as
no doctrine or principle of law public interest may require.
laid down by the court in a Such temporary assignment
decision rendered en banc or in shall not exceed six months
division may be modified or without the consent of the
reversed except by the court judge concerned.
sitting en banc. 4. Order a change of venue or
place of trial to avoid a
Section 5. The Supreme Court shall miscarriage of justice.
have the following powers: 5. Promulgate rules concerning
the protection and enforcement
1. Exercise original jurisdiction of constitutional rights,
over cases affecting pleading, practice, and
ambassadors, other public procedure in all courts, the
ministers and consuls, and over admission to the practice of
petitions for certiorari, law, the integrated bar, and
prohibition, mandamus, quo legal assistance to the under-
warranto, and habeas corpus. privileged. Such rules shall
2. Review, revise, reverse, modify, provide a simplified and
or affirm on appeal or certiorari, inexpensive procedure for the
as the law or the Rules of Court speedy disposition of cases,
may provide, final judgments shall be uniform for all courts of
and orders of lower courts in: the same grade, and shall not
a. All cases in which the diminish, increase, or modify
constitutionality or substantive rights. Rules of
validity of any treaty, procedure of special courts and
international or executive quasi-judicial bodies shall
agreement, law, remain effective unless
presidential decree, disapproved by the Supreme
proclamation, order, Court.
instruction, ordinance, or 6. Appoint all officials and
regulation is in question. employees of the Judiciary in
accordance with the Civil 2. The regular members of the
Service Law. Council shall be appointed by
the President for a term of four
Section 6. The Supreme Court shall years with the consent of the
have administrative supervision over Commission on Appointments.
all courts and the personnel thereof. Of the Members first appointed,
the representative of the
Section 7. Integrated Bar shall serve for
four years, the professor of law
1. No person shall be appointed for three years, the retired
Member of the Supreme Court Justice for two years, and the
or any lower collegiate court representative of the private
unless he is a natural-born sector for one year.
citizen of the Philippines. A 3. The Clerk of the Supreme Court
Member of the Supreme Court shall be the Secretary ex officio
must be at least forty years of of the Council and shall keep a
age, and must have been for record of its proceedings.
fifteen years or more, a judge of 4. The regular Members of the
a lower court or engaged in the Council shall receive such
practice of law in the emoluments as may be
Philippines. determined by the Supreme
2. The Congress shall prescribe Court. The Supreme Court shall
the qualifications of judges of provide in its annual budget the
lower courts, but no person appropriations for the Council.
may be appointed judge thereof 5. The Council shall have the
unless he is a citizen of the principal function of
Philippines and a member of recommending appointees to
the Philippine Bar. the judiciary. It may exercise
3. A Member of the Judiciary must such other functions and duties
be a person of proven as the Supreme Court may
competence, integrity, probity, assign to it.
and independence.
Section 9. The Members of the
Section 8. Supreme Court and judges of lower
courts shall be appointed by the
1. A Judicial and Bar Council is President from a list of at least three
hereby created under the nominees preferred by the Judicial
supervision of the Supreme and Bar Council for every vacancy.
Court composed of the Chief Such appointments need no
Justice as ex officio Chairman, confirmation.
the Secretary of Justice, and a
representative of the Congress For the lower courts, the President
as ex officio Members, a shall issued the appointment within
representative of the Integrated ninety days from the submission of
Bar, a professor of law, a retired the list.
Member of the Supreme Court,
and a representative of the Section 10. The salary of the Chief
private sector. Justice and of the Associate Justices
of the Supreme Court, and of judges
of lower courts shall be fixed by law. No petition for review or motion for
During the continuance in office, their reconsideration of a decision of the
salary shall not be decreased. court shall be refused due course or
denied without stating the legal basis
Section 11. The Members of the therefor.
Supreme Court and judges of the
lower court shall hold office during Section 15.
good behavior until they reach the age
of seventy years or become 1. All cases or matters filed after
incapacitated to discharge the duties the effectivity of this
of their office. The Supreme Court en Constitution must be decided or
banc shall have the power to resolved within twenty-four
discipline judges of lower courts, or months from date of
order their dismissal by a vote of submission for the Supreme
majority of the Members who actually Court, and, unless reduced by
took part in the deliberations on the the Supreme Court, twelve
issues in the case and voted in months for all lower collegiate
thereon. courts, and three months for all
other lower courts.
Section 12. The Members of the 2. A case or matter shall be
Supreme Court and of other courts deemed submitted for decision
established by law shall not be or resolution upon the filing of
designated to any agency performing the last pleading, brief, or
quasi-judicial or administrative memorandum required by the
function. Rules of Court or by the court
itself.
Section 13. The conclusions of the 3. Upon the expiration of the
Supreme Court in any case submitted corresponding period, a
to it for the decision en banc or in certification to this effect signed
division shall be reached in by the Chief Justice or the
consultation before the case the case presiding judge shall forthwith
assigned to a Member for the writing be issued and a copy thereof
of the opinion of the Court. A attached to the record of the
certification to this effect signed by case or matter, and served
the Chief Justice shall be issued and upon the parties. The
a copy thereof attached to the record certification shall state why a
of the case and served upon the decision or resolution has not
parties. Any Member who took no been rendered or issued within
part, or dissented, or abstained from said period.
a decision or resolution must state 4. Despite the expiration of the
the reason therefor. The same applicable mandatory period,
requirements shall be observed by all the court, without prejudice to
lower collegiate court. such responsibility as may have
been incurred in consequence
Section 14. No decision shall be thereof, shall decide or resolve
rendered by any court without the case or matter submitted
expressing therein clearly and thereto for determination,
distinctly the facts and the law on without further delay.
which it is based.
Section 16. The Supreme Court Section 5. The Commission shall
shall, within thirty days from the enjoy fiscal autonomy. Their approved
opening of each regular session of the annual appropriations shall be
Congress, submit to the President and automatically and regularly released.
the Congress an annual report on the
operations and activities of the Section 6. Each Commission en banc
Judiciary. may promulgate its own rules
concerning pleadings and practice
before it or before any of its offices.
Such rules, however, shall not
ARTICLE IX diminish, increase, or modify
CONSTITUTIONAL COMMISSION substantive rights.

A. COMMON PROVISIONS Section 7. Each Commission shall


decide by a majority vote of all its
Section 1. The Constitutional Members, any case or matter brought
Commissions, which shall be before it within sixty days from the
independent, are the Civil Service date of its submission for decision or
Commission, the Commission on resolution. A case or matter is deemed
Elections, and the Commission on submitted for decision or resolution
Audit. upon the filing of the last pleading,
brief, or memorandum required by
Section 2. No member of a the rules of the Commission or by the
Constitutional Commission shall, Commission itself. Unless otherwise
during his tenure, hold any other provided by this Constitution or by
office or employment. Neither shall he law, any decision, order, or ruling of
engage in the practice of any each Commission may be brought to
profession or in the active the Supreme Court on certiorari by
management or control of any the aggrieved party within thirty days
business which, in any way, may be from receipt of a copy thereof.
affected by the functions of his office,
nor shall he be financially interested, Section 8. Each Commission shall
directly or indirectly, in any contract perform such other functions as may
with, or in any franchise or privilege be provided by law.
granted by the Government, any of its
subdivisions, agencies, or B. THE CIVIL SERVICE
instrumentalities, including COMMISSION
government-owned or controlled
corporations or their subsidiaries. Section 1.

Section 3. The salary of the 1. The civil service shall be


Chairman and the Commissioners administered by the Civil
shall be fixed by law and shall not be Service Commission composed
decreased during their tenure. of a Chairman and two
Commissioners who shall be
Section 4. The Constitutional natural-born citizens of the
Commissions shall appoint their Philippines and, at the time of
officials and employees in accordance their appointment, at least
with law. thirty-five years of age, with
proven capacity for public 4. No officer or employee in the
administration, and must not civil service shall engage,
have been candidates for any directly or indirectly, in any
elective position in the elections electioneering or partisan
immediately preceding their political campaign.
appointment. 5. The right to self-organization
2. The Chairman and the shall not be denied to
Commissioners shall be government employees.
appointed by the President with 6. Temporary employees of the
the consent of the Commission Government shall be given such
on Appointments for a term of protection as may be provided
seven years without by law.
reappointment. Of those first
appointed, the Chairman shall Section 3. The Civil Service
hold office for seven years, a Commission, as the central personnel
Commissioner for five years, agency of the Government, shall
and another Commissioner for establish a career service and adopt
three years, without measures to promote morale,
reappointment. Appointment to efficiency, integrity, responsiveness,
any vacancy shall be only for progressiveness, and courtesy in the
the unexpired term of the civil service. It shall strengthen the
predecessor. In no case shall merit and rewards system, integrate
any Member be appointed or all human resources development
designated in a temporary or programs for all levels and ranks, and
acting capacity. institutionalize a management climate
conducive to public accountability. It
Section 2. shall submit to the President and the
Congress an annual report on its
1. The civil service embraces all personnel programs.
branches, subdivisions,
instrumentalities, and agencies Section 4. All public officers and
of the Government, including employees shall take an oath or
government-owned or controlled affirmation to uphold and defend this
corporations with original Constitution.
charters.
2. Appointments in the civil Section 5. The Congress shall provide
service shall be made only for the standardization of
according to merit and fitness compensation of government officials
to be determined, as far as and employees, including those in
practicable, and, except to government-owned or controlled
positions which are policy- corporations with original charters,
determining, primarily taking into account the nature of the
confidential, or highly technical, responsibilities pertaining to, and the
by competitive examination. qualifications required for, their
3. No officer or employee of the positions.
civil service shall be removed or
suspended except for cause Section 6. No candidate who has lost
provided by law. in any election, shall within one year
after such election, be appointed to
any office in the Government or any not have been candidates for
Government-owned or controlled any elective positions in the
corporations or in any of their immediately preceding
subsidiaries. elections. However, a majority
thereof, including the
Section 7. No elective official shall be Chairman, shall be members of
eligible for appointment or the Philippine Bar who have
designation in any capacity to any been engaged in the practice of
public office or position during his law for at least ten years.
tenure. 2. The Chairman and the
Commissioners shall be
Unless otherwise allowed by law or by appointed by the President with
the primary functions of his position, the consent of the Commission
no appointive official shall hold any on Appointments for a term of
other office or employment in the seven years without
Government or any subdivision, reappointment. Of those first
agency or instrumentality thereof, appointed, three Members shall
including Government-owned or hold office for seven years, two
controlled corporations or their Members for five years, and the
subsidiaries. last Members for three years,
without reappointment.
Section 8. No elective or appointive Appointment to any vacancy
public officer or employee shall shall be only for the unexpired
receive additional, double, or indirect term of the predecessor. In no
compensation, unless specifically case shall any Member be
authorized by law, nor accept without appointed or designated in a
the consent of the Congress, any temporary or acting capacity.
present, emolument, office, or title of
any kind from any foreign Section 2. The Commission on
government. Elections shall exercise the following
powers and functions:
Pensions or gratuities shall not be
considered as additional, double, or 1. Enforce and administer all laws
indirect compensation. and regulations relative to the
conduct of an election,
C. THE COMMISSION ON plebiscite, initiative,
ELECTIONS referendum, and recall.
2. Exercise exclusive original
Section 1. jurisdiction over all contests
relating to the elections,
1. There shall be a Commission on returns, and qualifications of all
Elections composed of a elective regional, provincial, and
Chairman and six city officials, and appellate
Commissioners who shall be jurisdiction over all contests
natural-born citizens of the involving elective municipal
Philippines and, at the time of officials decided by trial courts
their appointment, at least of general jurisdiction, or
thirty-five years of age, holders involving elective barangay
of a college degree, and must
officials decided by trial courts Financial contributions from
of limited jurisdiction. foreign governments and their
agencies to political parties,
Decisions, final orders, or organizations, coalitions, or
rulings of the Commission on candidates related to elections,
election contests involving constitute interference in
elective municipal and national affairs, and, when
barangay offices shall be final, accepted, shall be an additional
executory, and not appealable. ground for the cancellation of
their registration with the
3. Decide, except those involving Commission, in addition to
the right to vote, all questions other penalties that may be
affecting elections, including prescribed by law.
determination of the number
and location of polling places, 6. File, upon a verified complaint,
appointment of election officials or on its own initiative,
and inspectors, and registration petitions in court for inclusion
of voters. or exclusion of voters;
4. Deputize, with the concurrence investigate and, where
of the President, law appropriate, prosecute cases of
enforcement agencies and violations of election laws,
instrumentalities of the including acts or omissions
Government, including the constituting election frauds,
Armed Forces of the offenses, and malpractices.
Philippines, for the exclusive 7. Recommend to the Congress
purpose of ensuring free, effective measures to minimize
orderly, honest, peaceful, and election spending, including
credible elections. limitation of places where
5. Register, after sufficient propaganda materials shall be
publication, political parties, posted, and to prevent and
organizations, or coalitions penalize all forms of election
which, in addition to other frauds, offenses, malpractices,
requirements, must present and nuisance candidacies.
their platform or program of 8. Recommend to the President
government; and accredit the removal of any officer or
citizens' arms of the employee it has deputized, or
Commission on Elections. the imposition of any other
Religious denominations and disciplinary action, for violation
sects shall not be registered. or disregard of, or disobedience
Those which seek to achieve to, its directive, order, or
their goals through violence or decision.
unlawful means, or refuse to 9. Submit to the President and the
uphold and adhere to this Congress, a comprehensive
Constitution, or which are report on the conduct of each
supported by any foreign election, plebiscite, initiative,
government shall likewise be referendum, or recall.
refused registration.
Section 3. The Commission on
Elections may sit en banc or in two
divisions, and shall promulgate its coalition shall be valid, except for
rules of procedure in order to expedite those registered under the party-list
disposition of election cases, system as provided in this
including pre- proclamation Constitution.
controversies. All such election cases
shall be heard and decided in Section 8. Political parties, or
division, provided that motions for organizations or coalitions registered
reconsideration of decisions shall be under the party-list system, shall not
decided by the Commission en banc. be represented in the voters'
registration boards, boards of election
Section 4. The Commission may, inspectors, boards of canvassers, or
during the election period, supervise other similar bodies. However, they
or regulate the enjoyment or shall be entitled to appoint poll
utilization of all franchises or permits watchers in accordance with law.
for the operation of transportation
and other public utilities, media of Section 9. Unless otherwise fixed by
communication or information, all the Commission in special cases, the
grants, special privileges, or election period shall commence ninety
concessions granted by the days before the day of election and
Government or any subdivision, shall end thirty days thereafter.
agency, or instrumentality thereof,
including any government-owned or Section 10. Bona fide candidates for
controlled corporation or its any public office shall be free from
subsidiary. Such supervision or any form of harassment and
regulation shall aim to ensure equal discrimination.
opportunity, time, and space ,and the
right to reply, including reasonable, Section 11. Funds certified by the
equal rates therefor, for public Commission as necessary to defray
information campaigns and forums the expenses for holding regular and
among candidates in connection with special elections, plebiscites,
the objective of holding free, orderly, initiatives, referenda, and recalls,
honest, peaceful, and credible shall be provided in the regular or
elections. special appropriations and, once
approved, shall be released
Section 5. No pardon, amnesty, automatically upon certification by
parole, or suspension of sentence for the Chairman of the Commission
violation of election laws, rules, and
regulations shall be granted by the D. THE COMMISSION ON AUDIT
President without the favorable
recommendation of the Commission. Section 1.

Section 6. A free and open party 1. There shall be a Commission on


system shall be allowed to evolve Audit composed of a Chairman
according to the free choice of the and two Commissioners, who
people, subject to the provisions of shall be natural-born citizens of
this Article. the Philippines and, at the time
of their appointment, at least
Section 7. No votes cast in favor of a thirty-five years of age, Certified
political party, organization, or Public Accountants with not
less than ten years of auditing a. constitutional bodies,
experience, or members of the commissions and offices
Philippine Bar who have been that have been granted
engaged in the practice of law fiscal autonomy under
for at least ten years, and must this Constitution;
not have been candidates for b. autonomous state
any elective position in the colleges and universities;
elections immediately preceding c. other government-owned
their appointment. At no time or controlled corporations
shall all Members of the and their subsidiaries;
Commission belong to the same and
profession. d. such non-governmental
2. The Chairman and the entities receiving subsidy
Commissioners shall be or equity, directly or
appointed by the President with indirectly, from or
the consent of the Commission through the Government,
on Appointments for a term of which are required by law
seven years without or the granting institution
reappointment. Of those first to submit to such audit
appointed, the Chairman shall as a condition of subsidy
hold office for seven years, one or equity. However, where
Commissioner for five years, the internal control
and the other Commissioner for system of the audited
three years, without agencies is inadequate,
reappointment. Appointment to the Commission may
any vacancy shall be only for adopt such measures,
the unexpired portion of the including temporary or
term of the predecessor. In no special pre-audit, as are
case shall any Member be necessary and
appointed or designated in a appropriate to correct the
temporary or acting capacity. deficiencies. It shall keep
the general accounts of
Section 2. the Government and, for
such period as may be
1. The Commission on Audit shall provided by law, preserve
have the power, authority, and the vouchers and other
duty to examine, audit, and supporting papers
settle all accounts pertaining to pertaining thereto.
the revenue and receipts of, and 2. The Commission shall have
expenditures or uses of funds exclusive authority, subject to
and property, owned or held in the limitations in this Article, to
trust by, or pertaining to, the define the scope of its audit and
Government, or any of its examination, establish the
subdivisions, agencies, or techniques and methods
instrumentalities, including required therefor, and
government-owned or controlled promulgate accounting and
corporations with original auditing rules and regulations,
charters, and on a post- audit including those for the
basis: prevention and disallowance of
irregular, unnecessary, Section 3. The Congress shall enact a
excessive, extravagant, or local government code which shall
unconscionable expenditures or provide for a more responsive and
uses of government funds and accountable local government
properties. structure instituted through a system
of decentralization with effective
Section 3. No law shall be passed mechanisms of recall, initiative, and
exempting any entity of the referendum, allocate among the
Government or its subsidiaries in any different local government units their
guise whatever, or any investment of powers, responsibilities, and
public funds, from the jurisdiction of resources, and provide for the
the Commission on Audit. qualifications, election, appointment
and removal, term, salaries, powers
Section 4. The Commission shall and functions and duties of local
submit to the President and the officials, and all other matters relating
Congress, within the time fixed by to the organization and operation of
law, an annual report covering the the local units.
financial condition and operation of
the Government, its subdivisions, Section 4. The President of the
agencies, and instrumentalities, Philippines shall exercise general
including government-owned or supervision over local governments.
controlled corporations, and non- Provinces with respect to component
governmental entities subject to its cities and municipalities, and cities
audit, and recommend measures and municipalities with respect to
necessary to improve their component barangays, shall ensure
effectiveness and efficiency. It shall that the acts of their component units
submit such other reports as may be are within the scope of their
required by law. prescribed powers and functions.

Section 5. Each local government


unit shall have the power to create its
ARTICLE X own sources of revenues and to levy
LOCAL GOVERNMENT taxes, fees and charges subject to
such guidelines and limitations as the
Congress may provide, consistent
with the basic policy of local
GENERAL PROVISIONS autonomy. Such taxes, fees, and
charges shall accrue exclusively to the
Section 1. The territorial and political local governments.
subdivisions of the Republic of the
Philippines are the provinces, cities, Section 6. Local government units
municipalities, and barangays. There shall have a just share, as determined
shall be autonomous regions in by law, in the national taxes which
Muslim Mindanao and the Cordilleras shall be automatically released to
as hereinafter provided. them.

Section 2. The territorial and political Section 7. Local governments shall


subdivisions shall enjoy local be entitled to an equitable share in
autonomy. the proceeds of the utilization and
development of the national wealth component cities whose charters
within their respective areas, in the prohibit their voters from voting for
manner provided by law, including provincial elective officials, shall be
sharing the same with the inhabitants independent of the province. The
by way of direct benefits. voters of component cities within a
province, whose charters contain no
Section 8. The term of office of such prohibition, shall not be
elective local officials, except deprived of their right to vote for
barangay officials, which shall be elective provincial officials.
determined by law, shall be three
years and no such official shall serve Section 13. Local government units
for more than three consecutive may group themselves, consolidate or
terms. Voluntary renunciation of the coordinate their efforts, services, and
office for any length of time shall not resources for purposes commonly
be considered as an interruption in beneficial to them in accordance with
the continuity of his service for the law.
full term for which he was elected.
Section 14. The President shall
Section 9. Legislative bodies of local provide for regional development
governments shall have sectoral councils or other similar bodies
representation as may be prescribed composed of local government
by law. officials, regional heads of
departments and other government
Section 10. No province, city, offices, and representatives from non-
municipality, or barangay may be governmental organizations within the
created, divided, merged, abolished, regions for purposes of administrative
or its boundary substantially altered, decentralization to strengthen the
except in accordance with the criteria autonomy of the units therein and to
established in the local government accelerate the economic and social
code and subject to approval by a growth and development of the units
majority of the votes cast in a in the region.
plebiscite in the political units directly
affected. AUTONOMOUS REGIONS

Section 11. The Congress may, by Section 15. There shall be created
law, create special metropolitan autonomous regions in Muslim
political subdivisions, subject to a Mindanao and in the Cordilleras
plebiscite as set forth in Section 10 consisting of provinces, cities,
hereof. The component cities and municipalities, and geographical
municipalities shall retain their basic areas sharing common and distinctive
autonomy and shall be entitled to historical and cultural heritage,
their own local executive and economic and social structures, and
legislative assemblies. The jurisdiction other relevant characteristics within
of the metropolitan authority that will the framework of this Constitution
thereby be created shall be limited to and the national sovereignty as well
basic services requiring coordination. as territorial integrity of the Republic
of the Philippines.
Section 12. Cities that are highly
urbanized, as determined by law, and
Section 16. The President shall Section 20. Within its territorial
exercise general supervision over jurisdiction and subject to the
autonomous regions to ensure that provisions of this Constitution and
laws are faithfully executed. national laws, the organic act of
autonomous regions shall provide for
Section 17. All powers, functions, legislative powers over:
and responsibilities not granted by
this Constitution or by law to the 1. Administrative organization;
autonomous regions shall be vested in 2. Creation of sources of revenues;
the National Government. 3. Ancestral domain and natural
resources;
Section 18. The Congress shall enact 4. Personal, family, and property
an organic act for each autonomous relations;
region with the assistance and 5. Regional urban and rural
participation of the regional planning development;
consultative commission composed of 6. Economic, social, and tourism
representatives appointed by the development;
President from a list of nominees from 7. Educational policies;
multi-sectoral bodies. The organic act 8. Preservation and development
shall define the basic structure of of the cultural heritage; and
government for the region consisting 9. Such other matters as may be
of the executive department and authorized by law for the
legislative assembly, both of which promotion of the general welfare
shall be elective and representative of of the people of the region.
the constituent political units. The
organic acts shall likewise provide for Section 21. The preservation of peace
special courts with personal, family, and order within the regions shall be
and property law jurisdiction the responsibility of the local police
consistent with the provisions of this agencies which shall be organized,
Constitution and national laws. maintained, supervised, and utilized
in accordance with applicable laws.
The creation of the autonomous The defense and security of the
region shall be effective when regions shall be the responsibility of
approved by majority of the votes cast the National Government.
by the constituent units in a
plebiscite called for the purpose,
provided that only provinces, cities,
and geographic areas voting favorably ARTICLE XI
in such plebiscite shall be included in ACCOUNTABILITY OF PUBLIC
the autonomous region. OFFICERS

Section 19. The first Congress Section 1. Public office is a public


elected under this Constitution shall, trust. Public officers and employees
within eighteen months from the time must, at all times, be accountable to
of organization of both Houses, pass the people, serve them with utmost
the organic acts for the autonomous responsibility, integrity, loyalty, and
regions in Muslim Mindanao and the efficiency; act with patriotism and
Cordilleras. justice, and lead modest lives.
Section 2. The President, the Vice- 4. In case the verified complaint or
President, the Members of the resolution of impeachment is
Supreme Court, the Members of the filed by at least one-third of all
Constitutional Commissions, and the the Members of the House, the
Ombudsman may be removed from same shall constitute the
office on impeachment for, and Articles of Impeachment, and
conviction of, culpable violation of the trial by the Senate shall
Constitution, treason, bribery, graft forthwith proceed.
and corruption, other high crimes, or 5. No impeachment proceedings
betrayal of public trust. All other shall be initiated against the
public officers and employees may be same official more than once
removed from office as provided by within a period of one year.
law, but not by impeachment. 6. The Senate shall have the sole
power to try and decide all
Section 3. cases of impeachment. When
sitting for that purpose, the
1. The House of Representatives Senators shall be on oath or
shall have the exclusive power affirmation. When the President
to initiate all cases of of the Philippines is on trial, the
impeachment. Chief Justice of the Supreme
2. A verified complaint for Court shall preside, but shall
impeachment may be filed by not vote. No person shall be
any Member of the House of convicted without the
Representatives or by any concurrence of two-thirds of all
citizen upon a resolution or the Members of the Senate.
endorsement by any Member 7. Judgment in cases of
thereof, which shall be included impeachment shall not extend
in the Order of Business within further than removal from office
ten session days, and referred and disqualification to hold any
to the proper Committee within office under the Republic of the
three session days thereafter. Philippines, but the party
The Committee, after hearing, convicted shall nevertheless be
and by a majority vote of all its liable and subject to
Members, shall submit its prosecution, trial, and
report to the House within sixty punishment, according to law.
session days from such referral, 8. The Congress shall promulgate
together with the corresponding its rules on impeachment to
resolution. The resolution shall effectively carry out the purpose
be calendared for consideration of this section.
by the House within ten session
days from receipt thereof. Section 4. The present anti-graft
3. A vote of at least one-third of all court known as the Sandiganbayan
the Members of the House shall shall continue to function and
be necessary either to affirm a exercise its jurisdiction as now or
favorable resolution with the hereafter may be provided by law.
Articles of Impeachment of the
Committee, or override its Section 5. There is hereby created
contrary resolution. The vote of the independent Office of the
each Member shall be recorded. Ombudsman, composed of the
Ombudsman to be known as three nominees for every vacancy
Tanodbayan, one overall Deputy and thereafter. Such appointments shall
at least one Deputy each for Luzon, require no confirmation. All vacancies
Visayas, and Mindanao. A separate shall be filled within three months
Deputy for the military establishment after they occur.
may likewise be appointed.
Section 10. The Ombudsman and his
Section 6. The officials and Deputies shall have the rank of
employees of the Office of the Chairman and Members, respectively,
Ombudsman, other than the of the Constitutional Commissions,
Deputies, shall be appointed by the and they shall receive the same salary
Ombudsman, according to the Civil which shall not be decreased during
Service Law. their term of office.

Section 7. The existing Tanodbayan Section 11. The Ombudsman and his
shall hereafter be known as the Office Deputies shall serve for a term of
of the Special Prosecutor. It shall seven years without reappointment.
continue to function and exercise its They shall not be qualified to run for
powers as now or hereafter may be any office in the election immediately
provided by law, except those succeeding their cessation from office.
conferred on the Office of the
Ombudsman created under this Section 12. The Ombudsman and his
Constitution. Deputies, as protectors of the people,
shall act promptly on complaints filed
Section 8. The Ombudsman and his in any form or manner against public
Deputies shall be natural-born officials or employees of the
citizens of the Philippines, and at the Government, or any subdivision,
time of their appointment, at least agency or instrumentality thereof,
forty years old, of recognized probity including government-owned or
and independence, and members of controlled corporations, and shall, in
the Philippine Bar, and must not have appropriate cases, notify the
been candidates for any elective office complainants of the action taken and
in the immediately preceding election. the result thereof.
The Ombudsman must have, for ten
years or more, been a judge or Section 13. The Office of the
engaged in the practice of law in the Ombudsman shall have the following
Philippines. powers, functions, and duties:

During their tenure, they shall be 1. Investigate on its own, or on


subject to the same disqualifications complaint by any person, any
and prohibitions as provided for in act or omission of any public
Section 2 of Article 1X-A of this official, employee, office or
Constitution. agency, when such act or
omission appears to be illegal,
Section 9. The Ombudsman and his unjust, improper, or inefficient.
Deputies shall be appointed by the 2. Direct, upon complaint or at its
President from a list of at least six own instance, any public official
nominees prepared by the Judicial or employee of the Government,
and Bar Council, and from a list of or any subdivision, agency or
instrumentality thereof, as well 8. Promulgate its rules of
as of any government-owned or procedure and exercise such
controlled corporation with other powers or perform such
original charter, to perform and functions or duties as may be
expedite any act or duty provided by law.
required by law, or to stop,
prevent, and correct any abuse Section 14. The Office of the
or impropriety in the Ombudsman shall enjoy fiscal
performance of duties. autonomy. Its approved annual
3. Direct the officer concerned to appropriations shall be automatically
take appropriate action against and regularly released.
a public official or employee at
fault, and recommend his Section 15. The right of the State to
removal, suspension, demotion, recover properties unlawfully acquired
fine, censure, or prosecution, by public officials or employees, from
and ensure compliance them or from their nominees or
therewith. transferees, shall not be barred by
4. Direct the officer concerned, in prescription, laches, or estoppel.
any appropriate case, and
subject to such limitations as Section 16. No loan, guaranty, or
may be provided by law, to other form of financial
furnish it with copies of accommodation for any business
documents relating to contracts purpose may be granted, directly or
or transactions entered into by indirectly, by any government-owned
his office involving the or controlled bank or financial
disbursement or use of public institution to the President, the Vice-
funds or properties, and report President, the Members of the
any irregularity to the Cabinet, the Congress, the Supreme
Commission on Audit for Court, and the Constitutional
appropriate action. Commissions, the Ombudsman, or to
5. Request any government agency any firm or entity in which they have
for assistance and information controlling interest, during their
necessary in the discharge of its tenure.
responsibilities, and to
examine, if necessary, pertinent Section 17. A public officer or
records and documents. employee shall, upon assumption of
6. Publicize matters covered by its office and as often thereafter as may
investigation when be required by law, submit a
circumstances so warrant and declaration under oath of his assets,
with due prudence. liabilities, and net worth. In the case
7. Determine the causes of of the President, the Vice-President,
inefficiency, red tape, the Members of the Cabinet, the
mismanagement, fraud, and Congress, the Supreme Court, the
corruption in the Government Constitutional Commissions and
and make recommendations for other constitutional offices, and
their elimination and the officers of the armed forces with
observance of high standards of general or flag rank, the declaration
ethics and efficiency. shall be disclosed to the public in the
manner provided by law.
Section 18. Public officers and Section 2. All lands of the public
employees owe the State and this domain, waters, minerals, coal,
Constitution allegiance at all times petroleum, and other mineral oils, all
and any public officer or employee forces of potential energy, fisheries,
who seeks to change his citizenship or forests or timber, wildlife, flora and
acquire the status of an immigrant of fauna, and other natural resources
another country during his tenure are owned by the State. With the
shall be dealt with by law. exception of agricultural lands, all
other natural resources shall not be
alienated. The exploration,
development, and utilization of
ARTICLE XII natural resources shall be under the
NATIONAL ECONOMY AND full control and supervision of the
PATRIMONY State. The State may directly
undertake such activities, or it may
Section 1. The goals of the national enter into co-production, joint
economy are a more equitable venture, or production-sharing
distribution of opportunities, income, agreements with Filipino citizens, or
and wealth; a sustained increase in corporations or associations at least
the amount of goods and services 60 per centum of whose capital is
produced by the nation for the benefit owned by such citizens. Such
of the people; and an expanding agreements may be for a period not
productivity as the key to raising the exceeding twenty-five years,
quality of life for all, especially the renewable for not more than twenty-
underprivileged. five years, and under such terms and
conditions as may provided by law. In
The State shall promote cases of water rights for irrigation,
industrialization and full employment water supply, fisheries, or industrial
based on sound agricultural uses other than the development of
development and agrarian reform, waterpower, beneficial use may be the
through industries that make full of measure and limit of the grant.
efficient use of human and natural
resources, and which are competitive The State shall protect the nations
in both domestic and foreign markets. marine wealth in its archipelagic
However, the State shall protect waters, territorial sea, and exclusive
Filipino enterprises against unfair economic zone, and reserve its use
foreign competition and trade and enjoyment exclusively to Filipino
practices. citizens.

In the pursuit of these goals, all The Congress may, by law, allow
sectors of the economy and all region small-scale utilization of natural
s of the country shall be given resources by Filipino citizens, as well
optimum opportunity to develop. as cooperative fish farming, with
Private enterprises, including priority to subsistence fishermen and
corporations, cooperatives, and fish workers in rivers, lakes, bays,
similar collective organizations, shall and lagoons.
be encouraged to broaden the base of
their ownership. The President may enter into
agreements with foreign-owned
corporations involving either technical held, or leased and the conditions
or financial assistance for large-scale therefor.
exploration, development, and
utilization of minerals, petroleum, and Section 4. The Congress shall, as
other mineral oils according to the soon as possible, determine, by law,
general terms and conditions provided the specific limits of forest lands and
by law, based on real contributions to national parks, marking clearly their
the economic growth and general boundaries on the ground. Thereafter,
welfare of the country. In such such forest lands and national parks
agreements, the State shall promote shall be conserved and may not be
the development and use of local increased nor diminished, except by
scientific and technical resources. law. The Congress shall provide for
such period as it may determine,
The President shall notify the measures to prohibit logging in
Congress of every contract entered endangered forests and watershed
into in accordance with this provision, areas.
within thirty days from its execution.
Section 5. The State, subject to the
Section 3. Lands of the public provisions of this Constitution and
domain are classified into national development policies and
agricultural, forest or timber, mineral programs, shall protect the rights of
lands and national parks. Agricultural indigenous cultural communities to
lands of the public domain may be their ancestral lands to ensure their
further classified by law according to economic, social, and cultural well-
the uses to which they may be being.
devoted. Alienable lands of the public
domain shall be limited to agricultural The Congress may provide for the
lands. Private corporations or applicability of customary laws
associations may not hold such governing property rights or relations
alienable lands of the public domain in determining the ownership and
except by lease, for a period not extent of ancestral domain.
exceeding twenty-five years,
renewable for not more than twenty- Section 6. The use of property bears
five years, and not to exceed one a social function, and all economic
thousand hectares in area. Citizens of agents shall contribute to the
the Philippines may lease not more common good. Individuals and private
than five hundred hectares, or groups, including corporations,
acquire not more than twelve hectares cooperatives, and similar collective
thereof, by purchase, homestead, or organizations, shall have the right to
grant. own, establish, and operate economic
enterprises, subject to the duty of the
Taking into account the requirements State to promote distributive justice
of conservation, ecology, and and to intervene when the common
development, and subject to the good so demands.
requirements of agrarian reform, the
Congress shall determine, by law, the Section 7. Save in cases of hereditary
size of lands of the public domain succession, no private lands shall be
which may be acquired, developed, transferred or conveyed except to
individuals, corporations, or
associations qualified to acquire or The State shall regulate and exercise
hold lands of the public domain. authority over foreign investments
within its national jurisdiction and in
Section 8. Notwithstanding the accordance with its national goals
provisions of Section 7 of this Article, and priorities.
a natural-born citizen of the
Philippines who has lost his Section 11. No franchise, certificate,
Philippine citizenship may be a or any other form of authorization for
transferee of private lands, subject to the operation of a public utility shall
limitations provided by law. be granted except to citizens of the
Philippines or to corporations or
Section 9. The Congress may associations organized under the laws
establish an independent economic of the Philippines, at least sixty per
and planning agency headed by the centum of whose capital is owned by
President, which shall, after such citizens; nor shall such
consultations with the appropriate franchise, certificate, or authorization
public agencies, various private be exclusive in character or for a
sectors, and local government units, longer period than fifty years. Neither
recommend to Congress, and shall any such franchise or right be
implement continuing integrated and granted except under the condition
coordinated programs and policies for that it shall be subject to amendment,
national development. alteration, or repeal by the Congress
when the common good so requires.
Until the Congress provides The State shall encourage equity
otherwise, the National Economic and participation in public utilities by the
Development Authority shall function general public. The participation of
as the independent planning agency foreign investors in the governing
of the government. body of any public utility enterprise
shall be limited to their proportionate
Section 10. The Congress shall, upon share in its capital, and all the
recommendation of the economic and executive and managing officers of
planning agency, when the national such corporation or association must
interest dictates, reserve to citizens of be citizens of the Philippines.
the Philippines or to corporations or
associations at least sixty per centum Section 12. The State shall promote
of whose capital is owned by such the preferential use of Filipino labor,
citizens, or such higher percentage as domestic materials and locally
Congress may prescribe, certain areas produced goods, and adopt measures
of investments. The Congress shall that help make them competitive.
enact measures that will encourage
the formation and operation of Section 13. The State shall pursue a
enterprises whose capital is wholly trade policy that serves the general
owned by Filipinos. welfare and utilizes all forms and
arrangements of exchange on the
In the grant of rights, privileges, and basis of equality and reciprocity.
concessions covering the national
economy and patrimony, the State Section 14. The sustained
shall give preference to qualified development of a reservoir of national
Filipinos. talents consisting of Filipino
scientists, entrepreneurs, combinations in restraint of trade or
professionals, managers, high-level unfair competition shall be allowed.
technical manpower and skilled
workers and craftsmen in all fields Section 20. The Congress shall
shall be promoted by the State. The establish an independent central
State shall encourage appropriate monetary authority, the members of
technology and regulate its transfer whose governing board must be
for the national benefit. The practice natural-born Filipino citizens, of
of all professions in the Philippines known probity, integrity, and
shall be limited to Filipino citizens, patriotism, the majority of whom shall
save in cases prescribed by law. come from the private sector. They
shall also be subject to such other
Section 15. The Congress shall qualifications and disabilities as may
create an agency to promote the be prescribed by law. The authority
viability and growth of cooperatives as shall provide policy direction in the
instruments for social justice and areas of money, banking, and credit.
economic development. It shall have supervision over the
operations of banks and exercise such
Section 16. The Congress shall not, regulatory powers as may be provided
except by general law, provide for the by law over the operations of finance
formation, organization, or regulation companies and other institutions
of private corporations. Government- performing similar functions.
owned or controlled corporations may
be created or established by special Until the Congress otherwise
charters in the interest of the provides, the Central Bank of the
common good and subject to the test Philippines operating under existing
of economic viability. laws, shall function as the central
monetary authority.
Section 17. In times of national
emergency, when the public interest Section 21. Foreign loans may only
so requires, the State may, during the be incurred in accordance with law
emergency and under reasonable and the regulation of the monetary
terms prescribed by it, temporarily authority. Information on foreign
take over or direct the operation of loans obtained or guaranteed by the
any privately-owned public utility or Government shall be made available
business affected with public interest. to the public.

Section 18. The State may, in the Section 22. Acts which circumvent or
interest of national welfare or defense, negate any of the provisions of this
establish and operate vital industries Article shall be considered inimical to
and, upon payment of just the national interest and subject to
compensation, transfer to public criminal and civil sanctions, as may
ownership utilities and other private be provided by law.
enterprises to be operated by the
Government.

Section 19. The State shall regulate ARTICLE XIII


or prohibit monopolies when the SOCIAL JUSTICE AND HUMAN
public interest so requires. No RIGHTS
Section 1. The Congress shall give mutual compliance therewith to foster
highest priority to the enactment of industrial peace.
measures that protect and enhance
the right of all the people to human The State shall regulate the relations
dignity, reduce social, economic, and between workers and employers,
political inequalities, and remove recognizing the right of labor to its
cultural inequities by equitably just share in the fruits of production
diffusing wealth and political power and the right of enterprises to
for the common good. reasonable returns to investments,
and to expansion and growth.
To this end, the State shall regulate
the acquisition, ownership, use, and AGRARIAN AND NATURAL
disposition of property and its RESOURCES REFORM
increments.
Section 4. The State shall, by law,
Section 2. The promotion of social undertake an agrarian reform
justice shall include the commitment program founded on the right of
to create economic opportunities farmers and regular farmworkers who
based on freedom of initiative and are landless, to own directly or
self-reliance. collectively the lands they till or, in
the case of other farmworkers, to
LABOR receive a just share of the fruits
thereof. To this end, the State shall
Section 3. The State shall afford full encourage and undertake the just
protection to labor, local and distribution of all agricultural lands,
overseas, organized and unorganized, subject to such priorities and
and promote full employment and reasonable retention limits as the
equality of employment opportunities Congress may prescribe, taking into
for all. account ecological, developmental, or
equity considerations, and subject to
It shall guarantee the rights of all the payment of just compensation. In
workers to self-organization, collective determining retention limits, the State
bargaining and negotiations, and shall respect the right of small
peaceful concerted activities, landowners. The State shall further
including the right to strike in provide incentives for voluntary land-
accordance with law. They shall be sharing.
entitled to security of tenure, humane
conditions of work, and a living wage. Section 5. The State shall recognize
They shall also participate in policy the right of farmers, farmworkers, and
and decision-making processes landowners, as well as cooperatives,
affecting their rights and benefits as and other independent farmers'
may be provided by law. organizations to participate in the
planning, organization, and
The State shall promote the principle management of the program, and
of shared responsibility between shall provide support to agriculture
workers and employers and the through appropriate technology and
preferential use of voluntary modes in research, and adequate financial,
settling disputes, including production, marketing, and other
conciliation, and shall enforce their support services.
Section 6. The State shall apply the Section 9. The State shall, by law,
principles of agrarian reform or and for the common good, undertake,
stewardship, whenever applicable in in cooperation with the private sector,
accordance with law, in the a continuing program of urban land
disposition or utilization of other reform and housing which will make
natural resources, including lands of available at affordable cost, decent
the public domain under lease or housing and basic services to under-
concession suitable to agriculture, privileged and homeless citizens in
subject to prior rights, homestead urban centers and resettlement areas.
rights of small settlers, and the rights It shall also promote adequate
of indigenous communities to their employment opportunities to such
ancestral lands. The State may citizens. In the implementation of
resettle landless farmers and such program the State shall respect
farmworkers in its own agricultural the rights of small property owners.
estates which shall be distributed to
them in the manner provided by law. Section 10. Urban or rural poor
dwellers shall not be evicted nor their
Section 7. The State shall protect the dwelling demolished, except in
rights of subsistence fishermen, accordance with law and in a just and
especially of local communities, to the humane manner.
preferential use of the communal
marine and fishing resources, both No resettlement of urban or rural
inland and offshore. It shall provide dwellers shall be undertaken without
support to such fishermen through adequate consultation with them and
appropriate technology and research, the communities where they are to be
adequate financial, production, and relocated.
marketing assistance, and other
services. The State shall also protect, HEALTH
develop, and conserve such resources.
The protection shall extend to offshore Section 11. The State shall adopt an
fishing grounds of subsistence integrated and comprehensive
fishermen against foreign intrusion. approach to health development
Fishworkers shall receive a just share which shall endeavor to make
from their labor in the utilization of essential goods, health and other
marine and fishing resources. social services available to all the
people at affordable cost. There shall
Section 8. The State shall provide be priority for the needs of the under-
incentives to landowners to invest the privileged, sick, elderly, disabled,
proceeds of the agrarian reform women, and children. The State shall
program to promote industrialization, endeavor to provide free medical care
employment creation, and to paupers.
privatization of public sector
enterprises. Financial instruments Section 12. The State shall establish
used as payment for their lands shall and maintain an effective food and
be honored as equity in enterprises of drug regulatory system and
their choice. undertake appropriate health,
manpower development, and
URBAN LAND REFORM AND research, responsive to the country's
HOUSING health needs and problems.
Section 13. The State shall establish 1. There is hereby created an
a special agency for disabled person independent office called the
for their rehabilitation, self- Commission on Human Rights.
development, and self-reliance, and 2. The Commission shall be
their integration into the mainstream composed of a Chairman and
of society. four Members who must be
natural-born citizens of the
WOMEN Philippines and a majority of
whom shall be members of the
Section 14. The State shall protect Bar. The term of office and
working women by providing safe and other qualifications and
healthful working conditions, taking disabilities of the Members of
into account their maternal functions, the Commission shall be
and such facilities and opportunities provided by law.
that will enhance their welfare and 3. Until this Commission is
enable them to realize their full constituted, the existing
potential in the service of the nation. Presidential Committee on
Human Rights shall continue to
ROLE AND RIGHTS OF PEOPLE'S exercise its present functions
ORGANIZATIONS and powers.
4. The approved annual
Section 15. The State shall respect appropriations of the
the role of independent people's Commission shall be
organizations to enable the people to automatically and regularly
pursue and protect, within the released.
democratic framework, their
legitimate and collective interests and Section 18. The Commission on
aspirations through peaceful and Human Rights shall have the
lawful means. following powers and functions:

People's organizations are bona fide 1. Investigate, on its own or on


associations of citizens with complaint by any party, all
demonstrated capacity to promote the forms of human rights
public interest and with identifiable violations involving civil and
leadership, membership, and political rights;
structure. 2. Adopt its operational guidelines
and rules of procedure, and cite
Section 16. The right of the people for contempt for violations
and their organizations to effective thereof in accordance with the
and reasonable participation at all Rules of Court;
levels of social, political, and 3. Provide appropriate legal
economic decision-making shall not measures for the protection of
be abridged. The State shall, by law, human rights of all persons
facilitate the establishment of within the Philippines, as well
adequate consultation mechanisms. as Filipinos residing abroad,
and provide for preventive
HUMAN RIGHTS measures and legal aid services
to the under-privileged whose
Section 17.
human rights have been ARTICLE XIV
violated or need protection; EDUCATION, SCIENCE AND
4. Exercise visitorial powers over TECHNOLOGY, ARTS, CULTURE
jails, prisons, or detention AND SPORTS
facilities;
5. Establish a continuing program
of research, education, and
information to enhance respect EDUCATION
for the primacy of human
rights; Section 1. The State shall protect
6. Recommend to Congress and promote the right of all citizens to
effective measures to promote quality education at all levels, and
human rights and to provide for shall take appropriate steps to make
compensation to victims of such education accessible to all.
violations of human rights, or
their families; Section 2. The State shall:
7. Monitor the Philippine
Government's compliance with 1. Establish, maintain, and
international treaty obligations support a complete, adequate,
on human rights; and integrated system of
8. Grant immunity from education relevant to the needs
prosecution to any person of the people and society;
whose testimony or whose 2. Establish and maintain, a
possession of documents or system of free public education
other evidence is necessary or in the elementary and high
convenient to determine the school levels. Without limiting
truth in any investigation the natural rights of parents to
conducted by it or under its rear their children, elementary
authority; education is compulsory for all
9. Request the assistance of any children of school age;
department, bureau, office, or 3. Establish and maintain a
agency in the performance of its system of scholarship grants,
functions; student loan programs,
10. Appoint its officers and subsidies, and other incentives
employees in accordance with which shall be available to
law; and deserving students in both
11. Perform such other duties public and private schools,
and functions as may be especially to the under-
provided by law. privileged;
4. Encourage non-formal,
Section 19. The Congress may informal, and indigenous
provide for other cases of violations of learning systems, as well as
human rights that should fall within self-learning, independent, and
the authority of the Commission, out-of-school study programs
taking into account its particularly those that respond
recommendations. to community needs; and
5. Provide adult citizens, the
disabled, and out-of-school
youth with training in civics,
vocational efficiency, and other religious groups and mission
skills. boards, shall be owned solely by
citizens of the Philippines or
Section 3. corporations or associations at
least sixty per centum of the
1. All educational institutions capital of which is owned by
shall include the study of the such citizens. The Congress
Constitution as part of the may, however, require
curricula. increased Filipino equity
2. They shall inculcate patriotism participation in all educational
and nationalism, foster love of institutions. The control and
humanity, respect for human administration of educational
rights, appreciation of the role institutions shall be vested in
of national heroes in the citizens of the Philippines.
historical development of the
country, teach the rights and No educational institution shall
duties of citizenship, strengthen be established exclusively for
ethical and spiritual values, aliens and no group of aliens
develop moral character and shall comprise more than one-
personal discipline, encourage third of the enrollment in any
critical and creative thinking, school. The provisions of this
broaden scientific and sub section shall not apply to
technological knowledge, and schools established for foreign
promote vocational efficiency. diplomatic personnel and their
3. At the option expressed in dependents and, unless
writing by the parents or otherwise provided by law, for
guardians, religion shall be other foreign temporary
allowed to be taught to their residents.
children or wards in public
elementary and high schools 3. All revenues and assets of non-
within the regular class hours stock, non-profit educational
by instructors designated or institutions used actually,
approved by the religious directly, and exclusively for
authorities of the religion to educational purposes shall be
which the children or wards exempt from taxes and duties.
belong, without additional cost Upon the dissolution or
to the Government. cessation of the corporate
existence of such institutions,
Section 4. their assets shall be disposed of
in the manner provided by law.
1. The State recognizes the
complementary roles of public Proprietary educational
and private institutions in the institutions, including those
educational system and shall cooperatively owned, may
exercise reasonable supervision likewise be entitled to such
and regulation of all exemptions, subject to the
educational institutions. limitations provided by law,
2. Educational institutions, other including restrictions on
than those established by
dividends and provisions for and enriched on the basis of existing
reinvestment. Philippine and other languages.

4. Subject to conditions prescribed Subject to provisions of law and as


by law, all grants, endowments, the Congress may deem appropriate,
donations, or contributions the Government shall take steps to
used actually, directly, and initiate and sustain the use of Filipino
exclusively for educational as a medium of official
purposes shall be exempt from communication and as language of
tax. instruction in the educational system.

Section 5. Section 7. For purposes of


communication and instruction, the
1. the State shall take into official languages of the Philippines
account regional and sectoral are Filipino and, until otherwise
needs and conditions and shall provided by law, English.
encourage local planning in the
development of educational The regional languages are the
policies and programs. auxiliary official languages in the
2. Academic freedom shall be regions and shall serve as auxiliary
enjoyed in all institutions of media of instruction therein.
higher learning.
3. Every citizen has a right to Spanish and Arabic shall be promoted
select a profession or course of on a voluntary and optional basis.
study, subject to fair,
reasonable, and equitable Section 8. This Constitution shall be
admission and academic promulgated in Filipino and English
requirements. and shall be translated into major
4. The State shall enhance the regional languages, Arabic, and
right of teachers to professional Spanish.
advancement. Non-teaching
academic and non-academic Section 9. The Congress shall
personnel shall enjoy the establish a national language
protection of the State. commission composed of
5. The State shall assign the representatives of various regions and
highest budgetary priority to disciplines which shall undertake,
education and ensure that coordinate, and promote researches
teaching will attract and retain for the development, propagation, and
its rightful share of the best preservation of Filipino and other
available talents through languages.
adequate remuneration and
other means of job satisfaction SCIENCE AND TECHNOLOGY
and fulfillment.
Section 10. Science and technology
LANGUAGE are essential for national development
and progress. The State shall give
Section 6. The national language of priority to research and development,
the Philippines is Filipino. As it invention, innovation, and their
evolves, it shall be further developed utilization; and to science and
technology education, training, and Section 15. Arts and letters shall
services. It shall support indigenous, enjoy the patronage of the State. The
appropriate, and self-reliant scientific State shall conserve, promote, and
and technological capabilities, and popularize the nation's historical and
their application to the country's cultural heritage and resources, as
productive systems and national life. well as artistic creations.

Section 11. The Congress may Section 16. All the country's artistic
provide for incentives, including tax and historic wealth constitutes the
deductions, to encourage private cultural treasure of the nation and
participation in programs of basic and shall be under the protection of the
applied scientific research. State which may regulate its
Scholarships, grants-in-aid, or other disposition.
forms of incentives shall be provided
to deserving science students, Section 17. The State shall recognize,
researchers, scientists, inventors, respect, and protect the rights of
technologists, and specially gifted indigenous cultural communities to
citizens. preserve and develop their cultures,
traditions, and institutions. It shall
Section 12. The State shall regulate consider these rights in the
the transfer and promote the formulation of national plans and
adaptation of technology from all policies.
sources for the national benefit. It
shall encourage the widest Section 18.
participation of private groups, local
governments, and community-based 1. The State shall ensure equal
organizations in the generation and access to cultural opportunities
utilization of science and technology. through the educational
system, public or private
Section 13. The State shall protect cultural entities, scholarships,
and secure the exclusive rights of grants and other incentives,
scientists, inventors, artists, and and community cultural
other gifted citizens to their centers, and other public
intellectual property and creations, venues.
particularly when beneficial to the 2. The State shall encourage and
people, for such period as may be support researches and studies
provided by law. on the arts and culture.

ARTS AND CULTURE SPORTS

Section 14. The State shall foster the Section 19.


preservation, enrichment, and
dynamic evolution of a Filipino 1. The State shall promote
national culture based on the physical education and
principle of unity in diversity in a encourage sports programs,
climate of free artistic and intellectual league competitions, and
expression. amateur sports, including
training for international
competitions, to foster self-
discipline, teamwork, and implementation of policies and
excellence for the development programs that affect them.
of a healthy and alert citizenry.
2. All educational institutions Section 4. The family has the duty to
shall undertake regular sports care for its elderly members but the
activities throughout the State may also do so through just
country in cooperation with programs of social security.
athletic clubs and other sectors.

ARTICLE XVI
ARTICLE XV GENERAL PROVISIONS
THE FAMILY
Section 1. The flag of the Philippines
Section 1. The State recognizes the shall be red, white, and blue, with a
Filipino family as the foundation of sun and three stars, as consecrated
the nation. Accordingly, it shall and honored by the people and
strengthen its solidarity and actively recognized by law.
promote its total development.
Section 2. The Congress may, by law,
Section 2. Marriage, as an inviolable adopt a new name for the country, a
social institution, is the foundation of national anthem, or a national seal,
the family and shall be protected by which shall all be truly reflective and
the State. symbolic of the ideals, history, and
traditions of the people. Such law
Section 3. The State shall defend: shall take effect only upon its
ratification by the people in a national
1. The right of spouses to found a referendum.
family in accordance with their
religious convictions and the Section 3. The State may not be sued
demands of responsible without its consent.
parenthood;
2. The right of children to Section 4. The Armed Forces of the
assistance, including proper Philippines shall be composed of a
care and nutrition, and special citizen armed force which shall
protection from all forms of undergo military training and serve as
neglect, abuse, cruelty, may be provided by law. It shall keep
exploitation and other a regular force necessary for the
conditions prejudicial to their security of the State.
development;
Section 5.
The right of the family to a
family living wage and income; 1. All members of the armed forces
and shall take an oath or
affirmation to uphold and
3. The right of families or family defend this Constitution.
associations to participate in 2. The State shall strengthen the
the planning and patriotic spirit and nationalist
consciousness of the military,
and respect for people's rights their jurisdiction shall be provided by
in the performance of their law.
duty.
3. Professionalism in the armed Section 7. The State shall provide
forces and adequate immediate and adequate care,
remuneration and benefits of its benefits, and other forms of
members shall be a prime assistance to war veterans and
concern of the State. The armed veterans of military campaigns, their
forces shall be insulated from surviving spouses and orphans.
partisan politics. No member of Funds shall be provided therefor and
the military shall engage, due consideration shall be given them
directly or indirectly, in any in the disposition of agricultural lands
partisan political activity, of the public domain and, in
except to vote. appropriate cases, in the utilization of
4. No member of the armed forces natural resources.
in the active service shall, at
any time, be appointed or Section 8. The State shall, from time
designated in any capacity to a to time, review to increase the
civilian position in the pensions and other benefits due to
Government, including retirees of both the government and
government-owned or controlled the private sectors.
corporations or any of their
subsidiaries. Section 9. The State shall protect
5. Laws on retirement of military consumers from trade malpractices
officers shall not allow and from substandard or hazardous
extension of their service. products.
6. The officers and men of the
regular force of the armed Section 10. The State shall provide
forces shall be recruited the policy environment for the full
proportionately from all development of Filipino capability and
provinces and cities as far as the emergence of communication
practicable. structures suitable to the needs and
7. The tour of duty of the Chief of aspirations of the nation and the
Staff of the armed forces shall balanced flow of information into, out
not exceed three years. of, and across the country, in
However, in times of war or accordance with a policy that respects
other national emergency the freedom of speech and of the
declared by the Congress, the press.
President may extend such tour
of duty. Section 11.

Section 6. The State shall establish 1. The ownership and


and maintain one police force, which management of mass media
shall be national in scope and civilian shall be limited to citizens of
in character, to be administered and the Philippines, or to
controlled by a national police corporations, cooperatives or
commission. The authority of local associations, wholly-owned and
executives over the police units in managed by such citizens.
The Congress shall regulate or 1. The Congress, upon a vote of
prohibit monopolies in three-fourths of all its
commercial mass media when Members; or
the public interest so requires. 2. A constitutional convention.
No combinations in restraint of
trade or unfair competition Section 2. Amendments to this
therein shall be allowed. Constitution may likewise be directly
proposed by the people through
2. The advertising industry is initiative upon a petition of at least
impressed with public interest, twelve per centum of the total number
and shall be regulated by law of registered voters, of which every
for the protection of consumers legislative district must be
and the promotion of the represented by at least three per
general welfare. centum of the registered voters
therein. No amendment under this
Only Filipino citizens or section shall be authorized within five
corporations or associations at years following the ratification of this
least seventy per centum of the Constitution nor oftener than once
capital of which is owned by every five years thereafter.
such citizens shall be allowed to
engage in the advertising The Congress shall provide for the
industry. implementation of the exercise of this
right.
The participation of foreign
investors in the governing body Section 3. The Congress may, by a
of entities in such industry vote of two-thirds of all its Members,
shall be limited to their call a constitutional convention, or by
proportionate share in the a majority vote of all its Members,
capital thereof, and all the submit to the electorate the question
executive and managing officers of calling such a convention.
of such entities must be citizens
of the Philippines. Section 4.Any amendment to, or
revision of, this Constitution under
Section 12. The Congress may create Section 1 hereof shall be valid when
a consultative body to advise the ratified by a majority of the votes cast
President on policies affecting in a plebiscite which shall be held not
indigenous cultural communities, the earlier than sixty days nor later than
majority of the members of which ninety days after the approval of such
shall come from such communities. amendment or revision.

Any amendment under Section 2


hereof shall be valid when ratified by
ARTICLE XVII a majority of the votes cast in a
AMENDMENTS OR REVISIONS plebiscite which shall be held not
earlier than sixty days nor later than
Section 1. Any amendment to, or ninety days after the certification by
revision of, this Constitution may be the Commission on Elections of the
proposed by: sufficiency of the petition.
1986 election is, for purposes of
synchronization of elections, hereby
ARTICLE XVIII extended to noon of June 30, 1992.
TRANSITORY PROVISIONS
The first regular elections for the
Section 1. The first elections of President and Vice-President under
Members of the Congress under this this Constitution shall be held on the
Constitution shall be held on the second Monday of May, 1992.
second Monday of May, 1987.
Section 6. The incumbent President
The first local elections shall be held shall continue to exercise legislative
on a date to be determined by the powers until the first Congress is
President, which may be convened.
simultaneous with the election of the
Members of the Congress. It shall Section 7. Until a law is passed, the
include the election of all Members of President may fill by appointment
the city or municipal councils in the from a list of nominees by the
Metropolitan Manila area. respective sectors, the seats reserved
for sectoral representation in
Section 2. The Senators, Members of paragraph (2), Section 5 of Article V1
the House of Representatives, and the of this Constitution.
local officials first elected under this
Constitution shall serve until noon of Section 8. Until otherwise provided
June 30, 1992. by the Congress, the President may
constitute the Metropolitan Manila
Of the Senators elected in the Authority to be composed of the
elections in 1992, the first twelve heads of all local government units
obtaining the highest number of votes comprising the Metropolitan Manila
shall serve for six years and the area.
remaining twelve for three years.
Section 9. A sub-province shall
Section 3. All existing laws, decrees, continue to exist and operate until it
executive orders, proclamations, is converted into a regular province or
letters of instructions, and other until its component municipalities are
executive issuances not inconsistent reverted to the mother province.
with this Constitution shall remain
operative until amended, repealed, or Section 10. All courts existing at the
revoked. time of the ratification of this
Constitution shall continue to
Section 4. All existing treaties or exercise their jurisdiction, until
international agreements which have otherwise provided by law. The
not been ratified shall not be renewed provisions of the existing Rules of
or extended without the concurrence Court, judiciary acts, and procedural
of at least two-thirds of all the laws not inconsistent with this
Members of the Senate. Constitution shall remain operative
unless amended or repealed by the
Section 5. The six-year term of the Supreme Court or the Congress.
incumbent President and Vice-
President elected in the February 7,
Section 11. The incumbent Members service before the ratification of this
of the Judiciary shall continue in Constitution.
office until they reach the age of
seventy years or become incapacitated Section 16. Career civil service
to discharge the duties of their office employees separated from the service
or are removed for cause. not for cause but as a result of the
reorganization pursuant to
Section 12. The Supreme Court Proclamation No. 3 dated March 25,
shall, within one year after the 1986 and the reorganization following
ratification of this Constitution, adopt the ratification of this Constitution
a systematic plan to expedite the shall be entitled to appropriate
decision or resolution of cases or separation pay and to retirement and
matters pending in the Supreme other benefits accruing to them under
Court or the lower courts prior to the the laws of general application in
effectivity of this Constitution. A force at the time of their separation.
similar plan shall be adopted for all In lieu thereof, at the option of the
special courts and quasi-judicial employees, they may be considered
bodies. for employment in the Government or
in any of its subdivisions,
Section 13. The legal effect of the instrumentalities, or agencies,
lapse, before the ratification of this including government-owned or
Constitution, of the applicable period controlled corporations and their
for the decision or resolution of the subsidiaries. This provision also
cases or matters submitted for applies to career officers whose
adjudication by the courts, shall be resignation, tendered in line with the
determined by the Supreme Court as existing policy, had been accepted.
soon as practicable.
Section 17. Until the Congress
Section 14. The provisions of provides otherwise, the President
paragraphs (3) and (4), Section 15 of shall receive an annual salary of three
Article VIII of this Constitution shall hundred thousand pesos; the Vice-
apply to cases or matters filed before President, the President of the Senate,
the ratification of this Constitution, the Speaker of the House of
when the applicable period lapses Representatives, and the Chief Justice
after such ratification. of the Supreme Court, two hundred
forty thousand pesos each; the
Section 15. The incumbent Members Senators, the Members of the House
of the Civil Service Commission, the of Representatives, the Associate
Commission on Elections, and the Justices of the Supreme Court, and
Commission on Audit shall continue the Chairmen of the Constitutional
in office for one year after the Commissions, two hundred four
ratification of this Constitution, thousand pesos each; and the
unless they are sooner removed for Members of the Constitutional
cause or become incapacitated to Commissions, one hundred eighty
discharge the duties of their office or thousand pesos each.
appointed to a new term thereunder.
In no case shall any Member serve Section 18. At the earliest possible
longer than seven years including time, the Government shall increase
the salary scales of the other officials
and employees of the National Section 24. Private armies and other
Government. armed groups not recognized by duly
constituted authority shall be
Section 19. All properties, records, dismantled. All paramilitary forces
equipment, buildings, facilities, and including Civilian Home Defense
other assets of any office or body Forces not consistent with the citizen
abolished or reorganized under armed force established in this
Proclamation No. 3 dated March 25, Constitution, shall be dissolved or,
1986 or this Constitution shall be where appropriate, converted into the
transferred to the office or body to regular force.
which its powers, functions, and
responsibilities substantially pertain. Section 25. After the expiration in
1991 of the Agreement between the
Section 20. The first Congress shall Republic of the Philippines and the
give priority to the determination of United States of America concerning
the period for the full implementation military bases, foreign military bases,
of free public secondary education. troops, or facilities shall not be
allowed in the Philippines except
Section 21. The Congress shall under a treaty duly concurred in by
provide efficacious procedures and the Senate and, when the Congress so
adequate remedies for the reversion to requires, ratified by a majority of the
the State of all lands of the public votes cast by the people in a national
domain and real rights connected referendum held for that purpose,
therewith which were acquired in and recognized as a treaty by the
violation of the Constitution or the other contracting State.
public land laws, or through corrupt
practices. No transfer or disposition of Section 26. The authority to issue
such lands or real rights shall be sequestration or freeze orders under
allowed until after the lapse of one Proclamation No. 3 dated March 25,
year from the ratification of this 1986 in relation to the recovery of ill-
Constitution. gotten wealth shall remain operative
for not more than eighteen months
Section 22. At the earliest possible after the ratification of this
time, the Government shall Constitution. However, in the national
expropriate idle or abandoned interest, as certified by the President,
agricultural lands as may be defined the Congress may extend such period.
by law, for distribution to the
beneficiaries of the agrarian reform A sequestration or freeze order shall
program. be issued only upon showing of a
prima facie case. The order and the
Section 23. Advertising entities list of the sequestered or frozen
affected by paragraph (2), Section 11 properties shall forthwith be
of Article XV1 of this Constitution registered with the proper court. For
shall have five years from its orders issued before the ratification of
ratification to comply on a graduated this Constitution, the corresponding
and proportionate basis with the judicial action or proceeding shall be
minimum Filipino ownership filed within six months from its
requirement therein. ratification. For those issued after
such ratification, the judicial action or
proceeding shall be commenced
within six months from the issuance
thereof.

The sequestration or freeze order is


deemed automatically lifted if no
judicial action or proceeding is
commenced as herein provided.

Section 27. This Constitution shall


take effect immediately upon its
ratification by a majority of the votes
cast in a plebiscite held for the
purpose and shall supersede all
previous Constitutions.

The foregoing proposed Constitution


of the Republic of the Philippines was
approved by the Constitutional
Commission of 1986 on the twelfth
day of October, Nineteen hundred and
eighty-six, and accordingly signed on
the fifteenth day of October, Nineteen
hundred and eighty-six at the Plenary
Hall, National Government Center,
Quezon City, by the Commissioners
whose signatures are hereunder
affixed.

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