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GROUP 3 ART 6-9 :

MEMBERS: (1)DAYANNARA ALI , (2)PAULA FRANCISCO ,(3) ROVELYN PAMOTONGAN , (4)LEAYZA C. IYOG

1935 CONSTITUTION 1973 CONSTITUTION 1987 CONSTITUTION


Key Points
ART. VI ART VII. ART. VI
Legislative Department The National Assembly Legislative Department
Section 1. Section 1. SEC 1. Term used in 1973
Constitution is
The legislative power shall be national assembly
vested in the Congress of the
The Legislative power shall be vested in a The Legislative power shall instead of congress.
Philippines which shall consist of a
Congress of the Philippines, which shall be vested in a National Senate and a House of 1973 constitution
consist of a Senate and a House of Assembly. Representatives, except to the vaguely defines the
Representatives. extent reserved to the people by number of members
Section 2.
the provision on initiative and in the Senate while
The National Assembly shall referendum. 1987 and 1935
Section 2. be composed of as many clearly specified the
Members as may be SEC. 2. number of members
The Senate shall be composed of twenty- provided by law to be The Senate shall be composed of
four Senators who shall be chosen at appointed among the 1973 Constitution did
large by the qualified electors of the twenty-four Senators who shall be not specify limit in
provinces, representative elected at large by the qualified
Philippines, as may be provided by law. districts, and cities in composition of its
voters of the Philippines, as may members. 1987 and
accordance with the number be provided by law.
of their respective 1935 clearly
inhabitants and on the basis determined the limit
of a uniform and progressive Salaries are specifically
ratio. Each district shall determined in
comprise, as far as amounts in 1973
practicable, contiguous, and 1935. 1987
Section 3. compact, and adjacent generally states that
territory. Representative it shall be
districts or provinces already
created or existing at the determined by law.
time of the ratification of
The term of office of Senators shall be six this Constitution shall have SEC. 3. 1973 refers the
years and shall begin on the thirtieth day President as prime
at least one Member each. No person shall be a Senator
of December next following their minister
election. The first Senators elected under Section 3. (1) The Members unless he is a natural-born citizen
of the Philippines, and, on the day
this Constitution shall, in the manner of the National Assembly
provided by law, be divided equally into shall be elected by the of the election, is at least thirty-
five years of age, able to read and
three groups, the Senators of the first qualified electors in their
group, to serve for a term of six years; respective districts for a write, a registered voter, and a
resident of the Philippines for not
those of the second group, for four term of six years which shall
years; and those of the third group, for begin, unless otherwise less than two years immediately
preceding the day of the election.
two years. provided by law, at noon on
the thirtieth day of June
next following their election.
SEC. 4.
Section 4. No person shall be a Senator
unless he be a natural born citizen of the The term of office of the Senators
Philippines and, at the time of his shall be six years and shall
election, is at least thirty-five years of commence, unless otherwise
age, a qualified elector, and a resident of provided by law, at noon on the
the Philippines for not less than two (2) In case the National thirtieth day of June next following
years immediately prior to his election. Assembly is dissolved, the their election. No Senator shall
newly elected Members serve for more than two
shall serve the unexpired consecutive terms. Voluntary
portion of the term from the renunciation of the office for any
time the Prime Minister length of time shall not be
convenes the Assembly, considered as an interruption in
Section 5. which shall not be later than the continuity of his service for the
thirty days immediately full term for which he was elected.
following the elections.
The House of Representatives shall be SEC. 5.
composed of not more than one
(1) The House of Representatives
hundred and twenty Members who shall
be apportioned among the several shall be composed of not more
Section 4. than two hundred and fifty
provinces as nearly as may be accorded
to the number of their respective members, unless otherwise fixed
by law, who shall be elected from
inhabitants, but each province shall have
No person shall be a legislative districts apportioned
at least one Member. The Congress shall
Member of the National among the provinces, cities, and
by law make an apportionment within
Assembly unless he is a the Metropolitan Manila area in
three years after the return of every
natural-born citizen of the accordance with the number of
enumeration, and not otherwise. Until
Philippines and, on the day their respective inhabitants, and
such apportionment shall have been
of the election, is at least on the basis of a uniform and
made, the House of Representatives
twenty-five years of age, progressive ratio, and those who,
shall have the same number of Members
able to read and write, a as provided by law, shall be
as that fixed by law for the National
registered voter in the elected through a party-list system
Assembly, who shall be elected by the
district in which he shall be of registered national, regional,
qualified electors from the present
elected, and a resident and sectoral parties or
Assembly districts. Each representative
thereon for a period of not organizations.
district shall comprise, as far as
less than one year
practicable, contiguous and compact
immediately preceding the
territory.
day of the election.

(2) The party-list representatives


shall constitute twenty per centum
of the total number of
representatives including those
Section 6. under the party list. For three
consecutive terms after the
ratification of this Constitution,
one-half of the seats allocated to
The term of office of the Members of the Section 5. party-list representatives shall be
House of Representatives shall be four filled, as provided by law, by
years and shall begin on the thirtieth day selection or election from the
of December next following their (1) Unless otherwise labor, peasant, urban poor,
election. provided by law, the regular indigenous cultural communities,
election of Members of the women, youth, and such other
National Assembly shall be sectors as may be provided by law,
held on the second Monday except the religious sector.
of May every six years
thereafter.
Section 7.

(3) Each legislative district shall


comprise, as far as practicable,
No person shall be a Member of the
contiguous, compact, and
House of Representatives unless he be a
adjacent territory. Each city with a
natural born citizen of the Philippines, (2) In case a vacancy arises
population of at least two hundred
and, at the time of his election, is at least in the National Assembly
fifty thousand, or each province,
twenty-five years of age, a qualified one year or more before a
shall have at least one
elector, and a resident of the province in regular election, the
representative.
which he is chosen for not less than one Commission on Elections
year immediately prior to his election. shall call a special election to
be held within sixty days
after the vacancy occurs.
(4) Within three years following
the return of every census, the
Congress shall make a
Section 8. reappointment of legislative
districts based on the standards
provided in this section.
(1) Elections for Senators and Members Section 6.
of the House of Representatives shall be
held in the manner and on the dates
fixed by law. SEC. 6.
The National Assembly shall
convene once every year on No person shall be a Member of
the fourth Monday of July the House of Representatives
for its regular session, unless unless he is a natural-born citizen
a different date is fixed by of the Philippines and, on the day
law, and shall continue to be of the election, is at least twenty-
(2) In case of vacancy in the Senate or in in session until thirty days five years of age, able to read and
the House of Representatives, a special before the opening of its write, and, except the party-list
election may be called to fill such next regular session, representatives, a registered voter
vacancy in the manner prescribed by exclusive of Saturdays, in the district in which he shall be
law, but the Senator or Member of the Sundays, and legal holidays. elected, and a resident thereof for
House of Representatives thus elected It may recess for periods not a period of not less than one year
shall serve only for the unexpired term. exceeding thirty days each, immediately preceding the day of
and not more than ninety the election.
days during the year.
However, it may be called to
session at any time by the
Prime Minister to consider
such subjects or legislation
Section 9. as he may designate.
SEC. 7.

The Members of the House of


The Congress shall convene in regular Representatives shall be elected
session once every year on the fourth for a term of three years which
Monday of January, unless a different shall begin, unless otherwise
date is fixed by law. It may be called in provided by law, at noon on the
special session at any time by the thirtieth day of June next following
President to consider general legislation Section 7. their election.
or only such subjects as he may
designate. No special session shall No member of the House of
(1) The National Assembly, Representatives shall serve for
continue longer than thirty days and no
regular session longer than one hundred shall, by a majority vote of more than three consecutive
all its Members, elect its terms. Voluntary renunciation of
days, exclusive of Sundays.
Speaker from the Members the office for any length of time
thereof. It shall choose such shall not be considered as an
other officers as it may interruption in the continuity of
deem necessary. his service for the full term for
which he was elected.

The election of the


President and the Prime SEC. 8.
Minister shall precede all Unless otherwise provided by law,
Section 10. other business following the the regular election of the
election of the Speaker. Senators and the Members of the
House of Representatives shall be
(1) The Senate shall elect its President
held on the second Monday of
and the House of Representatives its
May.
Speaker.

(2) A majority of the SEC. 9.


Each House shall choose such other National Assembly shall
officers as may be required. In case of vacancy in the Senate or
constitute a quorum to do
business, but a smaller in the House of Representatives, a
number may adjourn from special election may be called to
day to day and may compel fill such vacancy in the manner
the attendance of absent prescribed by law, but the Senator
Members in such manner, or Member of the House of
(2) A majority of each House shall and under such penalties, as Representatives thus elected shall
constitute a quorum to do business, but the National Assembly may serve only for the unexpired term.
a smaller number may adjourn from day provide.
to day and may compel the attendance
of absent Members in such manner and SEC. 10.
under such penalties as such House may
provide. The salaries of Senators and
Members of the House of
Representatives shall be
(3) The National Assembly determined by law. No increase in
may determine the rules of said compensation shall take
its proceedings, punish its effect until after the expiration of
Members for disorderly the full term of all the Members of
(3) Each House may determine the rule behavior, and with the Senate and the House of
of its proceedings, punish its Members concurrence of two-thirds of Representatives approving such
for disorderly behavior, and, with the all its Members, suspend or increase.
concurrence of two-thirds of all its expel a Member, but if the
Members, expel a Member. penalty is suspension, this
shall not exceed sixty days.
SEC. 11.

A Senator or Member of the


House of Representatives shall, in
all offenses punishable by not
more than six years imprisonment,
(4) Each House shall keep a Journal of its
(4) The National Assembly be privileged from arrest while the
proceedings, and from time to time
shall keep a Journal of its Congress is in session. No member
publish the same, excepting such parts
proceedings, and from time shall be questioned nor be held
as may in its judgment requires secrecy; to time publish the same, liable in any other place for any
and the yeas and nays on any question excepting such parts as may, speech or debate in the Congress
shall, at the request of one-fifth of the in its judgment, affect or in any committee thereof.
Members present, be entered into the national security; and the
Journal. yeas and nays on any
question shall, at the SEC. 12.
request of one-fifth of the
Members present, be All Members of the Senate and the
entered in the Journal. House of Representatives shall,
upon assumption of office, make a
full disclosure of their financial
(5) Neither House during the sessions of and business interests. They shall
the Congress shall, without the consent notify the House concerned of a
of the other, adjourn for more than potential conflict of interest that
three days, nor to any other place than may arise from the filing of a
that in which the two Houses shall be Section 8. proposed legislation of which they
sitting. are authors.

(1) Unless otherwise


provided by law, each SEC. 13.
Member of the National
Assembly shall receive an No Senator or a Member of the
Section 11. annual salary of sixty House of Representatives may
thousand pesos. The hold any other office or
Speaker of the National employment in the Government,
Assembly shall receive an or any subdivision, agency, or
The Senate and the House of
annual salary of seventy-five instrumentality thereof, including
Representatives shall have an Electoral
thousand pesos. No increase government-owned or controlled
Tribunal which shall be the sole judge of
in salary shall take effect corporations or their subsidiaries,
all contests relating to the election,
until after the expiration of during his term without forfeiting
returns, and qualifications of their the term of the Members of his seat. Neither shall he be
respective Members. Each Electoral the National Assembly appointed to any office which may
Tribunal shall be composed of nine approving such increase. have been created or the
Members, three of whom shall be emoluments thereof increased
Justices of the Supreme Court to be during the term for which he was
designated by the Chief Justice, and the elected.
remaining six shall be Members of the
Senate or the House of Representatives,
as the case may be, who shall be chosen SEC. 14.
(2) The records and books of
by each House, three upon nomination
accounts of the National No Senator or Member of the
of the party having the largest number
Assembly shall be open to
of votes and three of the party having House of Representatives may
the public in accordance personally appear as counsel
the second largest numbers of votes
with law, and such books
therein. The senior Justice in each before any court of justice or
shall be audited by the before the Electoral Tribunals, or
Electoral Tribunal shall be its Chairman.
Commission on Audit which quasi-judicial and other
shall publish annually the administrative bodies. Neither
itemized expenditures for shall he, directly or indirectly, be
each Member. interested financially in any
contract with, or in any franchise
or special privilege granted by the
Government, or any subdivision,
agency, or instrumentality thereof,
including any government-owned
Section 12. Section 9. or controlled corporation, or its
subsidiary, during his term of
office. He shall not intervene in
There shall be a Commission on any matter before any office of the
A Member of the National
Appointments consisting of twelve Government for his pecuniary
Assembly shall, in all
Senators and twelve Members of the benefit or where he may be called
House of Representatives, elected by offenses punishable by not upon to act on account of his
each House, respectively, on the basis of more than six years office.
proportional representation of the imprisonment, be privileged
political parties therein. The president of from arrest during his
the Senate shall be the Chairman ex attendance at its sessions, SEC. 15.
officio of the Commission, but shall not and in going to and
vote except in case of tie. returning from the same; The Congress shall convene once
but the National Assembly every year on the fourth Monday
shall surrender the Member of July for its regular session,
involved to the custody of unless a different date is fixed by
the law within twenty-four law, and shall continue to be in
hours after its adjournment session for such number of days as
for a recess or its next it may determine until thirty days
session, otherwise such before the opening of its next
privilege shall cease upon its regular session, exclusive of
failure to do so. A Member Saturdays, Sundays, and legal
Section 13. shall not be questioned or holidays. The President may call a
held liable in any other place special session at any time.
for any speech or debate in
The Electoral Tribunal and the the Assembly or in any
Commission on Appointments shall be committee thereof. SEC. 16.
constituted within thirty days after the
Senate and the House of Representatives (1) The Senate shall elect its
shall have been organized with the President and the House of
election of their President and Speaker, Representatives its Speaker, by a
respectively. The Commission on majority vote of all its respective
Appointments shall meet only while the Members.
Section 10.
Congress is in session, at the call of its Each House shall choose such
Chairman or a majority of its Members, other officers as it may deem
to discharge such powers and functions
as are herein conferred upon it. A Member of the National necessary.
Assembly shall not hold any
other office or employment (2) A majority of each House shall
constitute a quorum to do
Section 14. in the government, or any
subdivision, agency, or business, but a smaller number
may adjourn from day to day and
instrumentality thereof,
including government- may compel the attendance of
The Senators and the Members of the absent Members in such manner,
owned or controlled
House of Representatives shall, unless and under such penalties, as such
corporations during his
otherwise provided by law, receive an House may provide.
tenure except that of Prime
annual compensation of seven thousand
Minister or Member of the (3) Each House may determine the
two hundred pesos each, including per
Cabinet. Neither shall he be rules of its proceedings, punish its
diems and other emoluments or
appointed to any civil office Members for disorderly behavior,
allowances and exclusive only of
which may have been and, with the concurrence of two-
traveling expenses to and from their
created or the emoluments thirds of all its Members, suspend
respective districts in the case of
thereof increased while he or expel a Member. A penalty for
Members of the House of
was a Member of the suspension, when imposed, shall
Representatives, and to an from their
National Assembly. not exceed sixty days.
places of residence in the case of
Senators, when attending sessions of the (4) Each House shall keep a
Congress. No increase in said Journal of its proceedings, and
compensation shall take effect until after from time to time publish the
the expiration of the full term of all the same, excepting such parts as may,
Members of the Senate and of the in its judgment, affect national
House of Representatives approving such Section 11. security; and the yeas and nays on
increase. Until otherwise provided by any question shall, at the request
law, the President of the Senate and the of one-fifth of the members
Speaker of the House of Representatives No Member of the National present, be entered in the Journal.
shall each receive an annual Assembly shall appear as
compensation of sixteen thousand counsel before any court Each House shall also keep a
pesos. inferior to a court with Record of its proceedings.
appellate jurisdiction, before
any court in any civil case (5) Neither House during the
sessions of the Congress shall,
wherein the government, or
any subdivision, agency, or without the consent of the other,
adjourn for more than three days,
instrumentality thereof is
the adverse party, or before nor to any other place than that in
which the two Houses shall be
any administrative body.
Neither shall he, directly or sitting.
indirectly, be interested
Section 15. financially in any contract
with, or in any franchise or SEC. 17.
special privilege granted by,
The Senate and the House of
The Senators and Members of the House the government, or any
Representatives shall each have an
of Representatives shall in all cases subdivision, agency, or
Electoral Tribunal which shall be
except treason, felony, and breach of the instrumentality thereof,
the sole judge of all contests
peace, be privileged from arrest during including any government-
relating to the election, returns,
their attendance at the session of the owned or controlled
and qualifications of their
Congress, and in going to and returning corporation, during his term
respective Members. Each
from the same; and for any speech or of office. He shall not
Electoral Tribunal shall be
debate therein, they shall not be intervene in any matter
composed of nine Members, three
questioned in any other place. before any office of the
of whom shall be Justices of the
government for his
Supreme Court to be designated
pecuniary benefit.
by the Chief Justice, and the
remaining six shall be Members of
the Senate or the House of
Representatives, as the case may
be, who shall be chosen on the
basis of proportional
Section 12. representation from the political
parties and the parties or
Section 16. organizations registered under the
(1) There shall be a question party-list system represented
hour at least once a month therein. The senior Justice in the
No Senator or Member of the House of or as often as the rules of Electoral Tribunal shall be it
Representatives may hold any other Chairman.
the National Assembly may
office or employment in the government provide, which shall be
without forfeiting his seat, nor shall any included in its agenda,
Senator or Member of the House of during which the Prime SEC. 18.
Representatives, during the time for Minister or any Minister
which he was elected, be appointed to may be required to appear There shall be a Commission on
any civil office which may have been Appointments consisting of the
and answer questions and
created or the emoluments whereof interpellations by Members President of the Senate, as ex
shall have been increased while he was a officio Chairman, twelve Senators,
of the National Assembly.
Member of the Congress. Written questions shall be and twelve Members of the House
of Representatives, elected by
submitted to the Speaker at
least three days before a each House on the basis of
Section 17. proportional representation from
scheduled question hour.
Interpellations shall not be the political parties or
organizations registered under the
limited to the written
questions, but may cover party-list system represented
No Senator or Member of the House of
therein. The Chairman of the
Representatives shall directly or matters related thereto. The
agenda shall specify the Commission shall not vote, except
indirectly be financially interested in any
in case of a tie. The Commission
contract with the government or any subjects of the question
hour. When the security of shall act on all appointments
subdivision or instrumentality thereof, or
submitted to it within thirty
in any franchise or special privilege the State so requires and
the Prime Minister so states session days of the Congress from
granted by the Congress during his term
their submission. The Commission
of office. He shall not appear as counsel in writing, the question hour
shall be conducted in shall rule by a majority vote of all
before the Electoral Tribunals or before executive session. the Members.
any court in any civil case wherein the
Government or any subdivision or
instrumentality thereof is the adverse SEC. 19.
party, or in any criminal case wherein an
officer or employee of the government is The Electoral Tribunals and the
accused of an offense committed in Commission on Appointments
(2) The National Assembly or
relation to his office, or collect any fee shall be constituted within thirty
any of its committees may days after the Senate and the
for his appearance in any administrative
conduct inquiries in aid of
proceedings; or accept employment to House of Representatives shall
legislation in accordance have been organized with the
intervene in any cause or matter where
with its duly published rules
he may be called upon to act on account election of the President and the
of procedure. The rights of Speaker. The Commission on
of his office. No Member of the
persons appearing in such
Commission on Appointments shall Appointments shall meet only
inquiries shall be respected. while the Congress is in session, at
appear as counsel before any court
inferior to a collegiate court of appellate the call of its Chairman or a
jurisdiction. majority of all its Members, to
discharge such powers and
functions as are herein conferred
upon it.
Section 13.

Section 18. SEC. 20.


(1) The National Assembly
The records and books of accounts
may withdraw its confidence
of the Congress shall be preserved
from the Prime Minister
All appropriation, revenue or tariff bills, and be open to the public in
only by electing a successor
bills authorizing increase of the public accordance with law, and such
by a majority vote of all its
debt, bills of local application, and books shall be audited by the
Members. No motion for the
private bills, shall originate exclusively in Commission on Audit which shall
the House of Representatives, but the election of such successor publish annually an itemized list of
Senate may propose or concur with shall be debated and voted amounts paid to and expenses
amendments. upon until after the lapse of incurred for each Member.
three days from the
submittal of such motion.
SEC. 21.

The Senate or the House of


Representatives or any of its
Section 19. respective committees may
conduct inquiries in aid of
(2) The Prime Minister may legislation in accordance with its
(1) The President shall submit within advise the President in duly published rules of procedure.
fifteen days of the opening of each writing to dissolve the The rights of persons appearing in
regular session of the Congress a budget National Assembly or affected by such inquiries shall
of receipts and expenditures, which shall whenever the need arises be respected.
be the basis of the general for a popular vote of
appropriations bill. The Congress may confidence on fundamental
not increase the appropriations issues, but not on a matter
involving his own personal SEC. 22.
recommended by the President for the
operation of the Government as integrity. Whereupon, the The heads of departments may
specified in the Budget, except the President shall dissolve the upon their own initiative, with the
appropriations for the Congress and the National Assembly not consent of the President, or upon
Judicial Department. The form of the earlier than five days nor the request of either House, as the
Budget and the information that it later than ten days from his rules of each House shall provide,
should contain shall be prescribed by receipt of the advice, and appear before and be heard by
law. call for an election on a date such House on any matter
set by the Prime Minister pertaining to their departments.
which shall not be earlier Written questions shall be
than forty-five days nor later submitted to the President of the
(2) No provision or enactment shall be
embraced in the general appropriations than sixty days from the Senate or the Speaker of the
bill unless it relates specifically to some date of such dissolution. House of Representatives at least
particular appropriation therein; and any However, no dissolution of three days before their scheduled
such provision or enactment shall be the National Assembly shall appearance. Interpellations shall
limited in its operation to such take place within nine not be limited to written
appropriation. months immediately questions, but may cover matters
preceding a regular election related thereto. When the security
or within nine months of the State or the public interest
immediately following any so requires and the President so
general election. states in writing, the appearance
shall be conducted in executive
session.
Section 20.

SEC. 23.
(1) Every bill passed by the Congress
shall, before it becomes a law, be (3) In case of dissolution of (1) The Congress, by a vote of two-
presented to the President. If he the National Assembly or thirds of both Houses in joint
approves the same, he shall sign it; but if the termination of its session assembled, voting
not, he shall return it with his objections regular term, the incumbent separately, shall have the sole
to the House where it originated, which Prime Minister and the power to declare the existence of
shall enter the objections at large on its Cabinet shall continue to a state of war.
Journal and proceed to reconsider it. If, conduct the affairs of
after such reconsideration, two-thirds of government until the new
all the Members of such House shall National Assembly is
agree to pass the bill, it shall be sent convoked and a Prime
together, with the objections, to the Minister is elected and has (2) In times of war or other
House by which it shall likewise be qualified. national emergency, the Congress
reconsidered, and if approved by two- may, by law, authorize the
thirds of all the Members of that House, President, for a limited period and
it shall become a law. In all such cases, subject to such restrictions as it
the votes of each House shall be may prescribe, to exercise powers
determined by yeas and nays, and the necessary and proper to carry out
names of the Members voting for and Section 14. a declared national policy. Unless
against shall be entered on its Journal. If sooner withdrawn by resolution of
any bill shall not be returned by the the Congress, such powers shall
President as herein provided within cease upon the next adjournment
(1) Except as otherwise
twenty days (Sundays excepted) after it thereof.
provided in this
shall have been presented to him, the
Constitution, no treaty shall
same shall become a law in like manner
be valid and effective unless
as if he had signed it, unless the SEC. 24.
concurred in by a majority of
Congress by adjournment prevent its
all the Members of the All appropriation, revenue or tariff
return, in which case it shall become a
National Assembly.
law unless vetoed by the President bills, bills authorizing increase of
within thirty days after adjournment. public debt, bills of local
application, and private bills shall
originate exclusively in the House
of Representatives, but the Senate
may propose or concur with
(2) The National Assembly, amendments.
by a vote of two-thirds of all
(2) The President shall have the power to
its Members, shall have the
veto any particular item or items of an
sole power to declare the SEC. 25.
appropriation bill, but the veto shall not
existence of a state of war.
affect the item or items to which he does (1) The Congress may not increase
not object. When a provision of an the appropriations recommended
appropriation bill affects one or more by the President for the operation
items of the same, the President cannot of the Government as specified in
veto the provision without at the same the budget. The form, content,
time, vetoing the particular item or and manner of preparation of the
items to which it relates. The item or Section 15. budget shall be prescribed by law.
items objected to shall not take effect
except in the manner heretofore
provided as to bills returned to the In times of war or other
Congress without the approval of the national emergency, the
President. If the veto refers to a bill or National Assembly may by (2) No provision or enactment
any item of an appropriation bill which shall be embraced in the general
law authorize the Prime
appropriates a sum in excess of ten per Minister, for a limited period appropriations bill unless it relates
centum of the total amount voted in the specifically to some particular
and subject to such
appropriation bill for the general restrictions as it may appropriation therein. Any such
expenses of the Government for the provision or enactment shall be
prescribe, to exercise
preceding year, or if it should refer to a powers necessary and limited in its operation to the
bill authorizing an increase of the public appropriation to which it relates.
proper to carry out a
debt, the same shall not become a law declared national policy.
unless approved by three-fourths of all Unless sooner withdrawn by
the Members of each House. resolution of the National
Assembly, such powers shall
(3) The procedure in approving
cease upon its next
appropriations for the Congress
adjournment.
shall strictly follow the procedure
for approving appropriations for
other departments or agencies.
(3) The President shall have the power to
veto any separate item or items in a
revenue of tariff bill, and the item or
items shall not take effect except in the Section 16.
manner provided as to bills vetoed by (4) A special appropriations bill
the President. shall specify the purpose for which
it is intended, and shall be
(1) The Prime Minister shall
submit to the National supported by funds actually
Assembly within thirty days available as certified by the
from the opening of each National Treasurer, or to be raised
regular session, as the basis by a corresponding revenue
Section 21. of the general proposed therein.
appropriations bill, a budget
of receipts based on existing
and proposed revenue
(1) No bill which may be enacted into
measures, and of
law shall embrace more than one subject (5) No law shall be passed
expenditures. The form,
which shall be expressed in the title of
content, and manner of authorizing any transfer of
the bill. appropriations; however, the
preparation of the budget
shall be prescribed by law. President, the President of the
Senate, the Speaker of the House
of Representatives, the Chief
Justice of the Supreme Court, and
(2) No provision or
enactment shall be the Constitutional Commissions
(2) No bill shall be passed by either may, by law, be authorized to
embraced in the general
House unless it shall have been printed appropriations bill unless it augment any item in the general
and copies thereof in its final form appropriations law for their
relates specifically to some
furnished its Members at least three particular appropriation respective offices from savings in
calendar days prior to its passage, except other items of their respective
therein. Any such provision
when the President shall have certified or enactment shall be appropriations.
to the necessity of its immediate limited in its operation to
enactment. Upon the last reading of a the appropriation to which it
bill no amendment thereof shall be relates.
allowed, and the question upon its
passage shall be taken immediately (6) Discretionary funds
thereafter, and the yeas and nays appropriated for particular officials
entered on the Journal. shall be disbursed only for public
purposes to be supported by
appropriate vouchers and subject
to such guidelines as may be
(3) The procedure in prescribed by law.
approving appropriations for
the National Assembly shall
Section 22. strictly follow the procedure
for approving appropriations
for other departments and (7) If, by the end of any fiscal year,
agencies. the Congress shall have failed to
(1) The rule of taxation shall be uniform.
pass the general appropriations
bill for the ensuing fiscal year, the
general appropriations law for the
preceding fiscal year shall be
deemed reenacted and shall
(4) A special appropriations remain in force and effect until the
(2) The Congress may by law authorize general appropriations bill is
bill shall specify the purpose
the President, subject to such limitations passed by the Congress.
for which it is intended, and
and restrictions as it may impose, to fix,
shall be supported by funds
within specified limits, tariff rates,
actually available as certified
import or export quotas, and tonnage
to by the National Treasurer, SEC. 26.
and wharfage dues.
or to be raised by a
corresponding revenue (1) Every bill passed by the
Congress shall embrace only one
proposal included therein.
subject which shall be expressed
in the title thereof.

(3) Cemeteries, churches, and


parsonages or convents appurtenant
thereto, and all lands, buildings, and
(5) No law shall be passed (2) No bill passed by either House
improvements used exclusively for authorizing any transfer of shall become a law unless it has
religious, charitable, or educational appropriations; however, passed three readings on separate
purposes shall be exempt from taxation. the Prime Minister, the days, and printed copies thereof in
Speaker, the Chief Justice of its final form have been
the Supreme Court, and the distributed to its members three
heads of Constitutional days before its passage, except
Commissions may by law be when the President certifies to the
authorized to augment any necessity of its immediate
item in the general enactment to meet a public
Section 23.
appropriations law for their calamity or emergency. Upon the
respective offices from last reading of a bill, no
saving in other items of their amendment thereto shall be
(1) All money collected on any tax levied respective appropriations. allowed, and the vote thereon
for a special purpose shall be treated as shall be taken immediately
a special fund and paid out for such thereafter, and the yeas and nays
purpose only. If the purpose for which a entered in the Journal.
special fund was crated has been fulfilled
or abandoned, the balance, if any, shall
be transferred to the general funds of
(6) If, by the end of the fiscal SEC. 27.
the Government.
year, the National Assembly (1) Every bill passed by the
shall have failed to pass the Congress shall, before it becomes
general appropriations bill a law, be presented to the
for the ensuing fiscal year, President. If he approves the
the general appropriations same, he shall sign it; otherwise,
law for the preceding fiscal he shall veto it and return the
(2) No money shall be paid out of year shall be deemed re- same with his objections to the
Treasury except in pursuance of an enacted and shall remain in House where it originated, which
appropriation made by law. force and effect until the shall enter the objections at large
general appropriations bill is in its Journal and proceed to
passed by the National reconsider it. If, after such
Assembly. reconsideration, two-thirds of all
the Members of such House shall
agree to pass the bill, it shall be
sent, together with the objections,
(3) No public money, or property shall to the other House by which it
ever be appropriated, applied, or used, shall likewise be reconsidered, and
directly or indirectly, for the use, benefit, if approved by two-thirds of all the
or support of any sect, church, Section 17.
Members of that House, it shall
denomination, sectarian institution or become a law. In all such cases,
system of religion, for the use, benefit, the votes of each House shall be
or support of any priest, preacher, (1) The rule of taxation shall determined by yeas or nays, and
ministers, or other religious teacher or be uniform and equitable. the names of the Members voting
dignitary as such except when such The National Assembly shall for or against shall be entered in
priest, preacher, minister, or dignitary is evolve a progressive system its Journal. The President shall
assigned to the armed forces or to any of taxation. communicate his veto of any bill to
penal institution, orphanage or the House where it originated
leprosarium. within thirty days after the day of
receipt thereof; otherwise, it shall
become a law as if he had signed
it.

(2) The National Assembly


may by law authorize the
Section 24. Prime Minister to fix within
specified limits, and subject
(2) The President shall have the
to such limitations and
power to veto any particular item
restrictions as it may
The heads of departments upon their or items in an appropriation,
own initiative or upon the request of impose, tariff rates, import
revenue, or tariff bill, but the veto
and export quotas, tonnage
either House may appear before and be shall not affect the item or items
heard by such House on any matter and wharfage dues, and to which he does not object.
pertaining to their departments, unless other duties or imposts.
the public interest shall require
otherwise and the President shall so
state in writing.

SEC. 28.
Section 25. (3) Charitable institutions,
churches, personages or (1) The rule of taxation shall be
uniform and equitable. The
convents appurtenant
The Congress, shall, with the thereto, mosques and non- Congress shall evolve a
progressive system of taxation.
concurrence of two-thirds of all the profit cemeteries, and all
Members of each House, have the sole lands, buildings and
power to declare war. improvements actually,
directly, and exclusively used
for religious or charitable
(2)The Congress may, by law,
Section 26. In times of war and other purposes shall be exempt
authorize the President to fix
national emergency the Congress may by from taxation.
within specified limits, and subject
law authorize the President, for a limited to such limitations and restrictions
period, and subject to such restrictions as it may impose, tariff rates,
as it may prescribe, to promulgate rules import and export quotas,
and regulations to carry out a declared tonnage and wharfage dues, and
national policy. other duties or imposts within the
(4) No law granting any tax framework of the national
exemption shall be passed development program of the
without the concurrence of Government.
a majority of all the
Members of the National
Assembly.
(3)Charitable institutions,
churches and parsonages or
covenants appurtenant thereto,
Section 18. mosques, non-profit cemeteries,
and all lands, buildings, and
improvements, actually, directly,
and exclusively used for religious,
(1) No money shall be paid
charitable, or educational
out of the Treasury except in
purposes shall be exempt from
pursuance of an
taxation.
appropriation made by law.

(4) No law granting any tax


exemption shall be passed without
(2) No public money or the concurrence of a majority of
property shall ever be all the Members of the Congress.
appropriated, applied, paid,
or used, directly or
indirectly, for the use, SEC. 29.
benefit, or support of any
sect, church, denomination, (1) No money shall be paid out of
sectarian institution, or the Treasury except in pursuance
system of religion or for the of an appropriation made by law.
use, benefit, or support of
any priest, preacher,
minister, or other religious
teacher or dignitary as such,
except when such priest,
preacher, minister, or (2) No public money or property
shall be appropriated, applied,
dignitary is assigned to the
armed forces, or to any paid, or employed, directly or
indirectly, for the use, benefit, or
penal institution, or
government orphanage or support of any sect, church,
denomination, sectarian
leprosarium.
institution, or system of religion,
or of any priest, preacher, minister,
or other religious teacher, or
dignitary as such, except when
such priest, preacher, minister, or
dignitary is assigned to the armed
Section 19. forces, or to any penal institution,
or government orphanage or
leprosarium.
(1) Every bill shall become a
law unless it has passed
three readings on separate
days, and printed copies
thereof in its final form have (3) All money collected on any tax
been distributed to the levied for a special purpose shall
Members three days before be treated as a special fund and
its passage, except when the paid out for such purpose only. If
Prime Minister certifies to the purpose for which a special
the necessity of its fund was created has been
immediate enactment to fulfilled or abandoned, the
meet a public calamity or balance, if any, shall be transferred
emergency. Upon the last to the general funds of the
reading of a bill, no Government.
amendment thereto shall be
allowed, and the vote
thereon shall be taken SEC. 30.
immediately thereafter, and
the yeas and nays entered in No law shall be passed increasing
the Journal. the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice
and concurrence.

(2) No bill except those of SEC. 31.


local application shall be No law granting a title of royalty or
calendared without the nobility shall be enacted.
prior recommendation of
the Cabinet.

SEC. 32.

The Congress shall, as early as


possible, provide for a system of
initiative and referendum, and the
Section 20. exceptions therefrom, whereby
the people can directly propose
and enact laws or approve or
reject any act or law or part
(1) Every bill passed by the thereof passed by the Congress or
national Assembly shall, local legislative body after the
before it becomes a law, be registration of a petition therefor
presented to the Prime signed by at least ten per centum
Minister. If he approves the of the total number of registered
same he shall sign it; voters, of which every legislative
otherwise, he shall veto it district must be represented by at
and return the same with his least three per centum of the
objections to the National registered voters thereof
Assembly. The bill may be
reconsidered by the
National Assembly and, if
approved by two-thirds of
all its Members, shall
become a law. The Prime
Minister shall act on every
bill passed by the National
Assembly within thirty days
after the date of receipt
thereof; otherwise, it shall
become a law as if he had
signed it.

(2) The Prime Minister shall


have the power to veto any
particular item or items in
appropriation, revenue, or
tariff bill, but the veto shall
not affect the item or items
to which he does not object.
ARTICLE VII ARTICLE VII ARTICLE VII

Executive Department The President and Vice- Executive Department


President
Section 1. The executive power shall be Section 1. The President SEC 1.The executive power shall 1973 entitles the article
vested in a President of the Philippines. shall be the head of state be vested in the President of the as the president and
and chief executive of the Philippines. SEC. 2 No person may vice president
Section 2.The President shall hold his Republic of the Philippines be elected President unless he is instead of executice
office during a term of four years and a natural-born citizen of the department
together with the Vice-President chosen Section 2. There shall be a Philippines, a registered voter,
for the same term, shall be elected by Vice-President who shall able to read and write, at least 1973 age requirement
direct vote of the people. The returns of have the same for the president is
forty years of age on the day of
every election for President and Vice- qualifications and term of the election, and a resident of the at least 50 yrs old.
President, duly certified by the board of office as the President and 1987 and 1935 is at
Philippines for at least ten years
canvassers of each province or city, shall may be removed from immediately preceding such least 40 yrs old
be transmitted to the seat of the office in the same manner election. 1973 does nor provide
National Government, directed to the as the President as
President of the Senate, who shall, in provided in Article XIII, SEC. 3. There shall be a Vice- for the president
taking an oath
the presence of the Senate and the Section 2 of this President who shall have the
House of Representatives, open all the Constitution. The Vice- same qualifications and term of afdirmation
certificates, and the votes shall then be President may be appointed office and be elected with and in 1987 states salary of
counted. The person respectively having as a member of the Cabinet the same manner as the pres as determined
the highest number of votes for and may be nominated and President. He may be removed by law. 1935
President and Vice-President shall be elected as Prime Minister. from office in the same manner spexifically provides
declared elected, but in case two or The Vice-President shall be as the President. The Vice- dor the amount in
more shall have an equal and the elected with and in the President may be appointed as a peso
highest number of votes for their office, same manner as the Member of the Cabinet. Such
one of them shall be chosen President President. The President appointment requires no
or Vice-President, as the case may be, shall be elected from confirmation.
by a majority vote of the Members of among the Members of the
SEC. 4. The President and the
the Congress in joint session assembled. National Assembly by a
majority vote of all its Vice-President shall be elected by
Section 3. No person may be elected to direct vote of the people for a
Members for a term of six
the office of the President or Vice- years from the date he term of six years which shall
President unless he is a natural born begin at noon on the thirtieth day
takes his oath of office,
citizen of the Philippines, a qualified of June following the day of the
ARTICLE VIII.—JUDICIAL ARTICLE X ARTICLE VIII

DEPARTMENT THE JUDICIARY JUDICIAL DEPARTMENT

SECTION 1. The Judicialpower shall be Judicial power


vested in oneSupreme Court and in such SECTION 1. The Judicial SECTION 1. The judicial power 1987, 1973, 1935:
inferior courts as may be established by power shall be vested in shall be vested in one Supreme SC and inferior
Court and in such lower courts as
law. one Supreme Court and in courts established
may be established by law. Judicial
SEC. 2. The National Assembly shall have such inferior courts as may by law
power includes the duty of the
thepower to define, prescribe,and be established by law. The courts of justice to settle actual 2. Power to define, prescribe
apportion the jurisdictionof the various Batasang Pambansa shall controversies and apportion
courts, but maynot deprive the have the power to define, involving rights which are legally 1987-congress
SupremeCourt of its original jurisdiction prescribe, and apportion demandable and enforceable, and 1973-batasang pambansa
over cases affecting ambassadors, the jurisdiction of the to 1935-national assembly
determine whether or not there
otherpublic ministers, and consuls, nor various courts, but may not 3. Who prescribes
has been a grave abuse of
of its jurisdiction toreview, revise, deprive the Supreme Court discretion amounting to lack or qualification
reverse,modify, or affirm on appeal, of its jurisdiction over cases excess of jurisdiction on the part 1987 congress
certiorari, or writ of error, as the law or enumerated in Section five of any branch or instrumentality of 1973 batasang pambansa
the rules of court may provide, final hereof. the Government. 1935 national assembly
judgments and decrees of inferior courts SEC. 2. (1) The Supreme 4. Supervision of courts
in- Court shall be composed of SECTION 2. The Congress shall 1987 and 1973 supreme
have the power to define,
(1) All cases in which the a Chief Justice and fourteen court
prescribe, and apportion the
constitutionality or validity of Associate Justices. It may sit jurisdiction of various courts but 1935 did not specify
any treaty, law, ordinance, or en banc or in two divisions. may not deprive the Supreme 5. Age of justices
executive order or regulation Court of its jurisdiction over cases 1987, 1973, 1935 at least 40
is in question. (2) All cases involving the enumerated in Section 5 hereof yrs old
(2) All cases involving the No law shall be passed
reorganizing the Judiciary when it
legality of any tax, impost,assessment, or constitutionality of a treaty,
undermines the security of tenure
toll, or any
of its Members.
penalty imposed in relation executive agreement, or
thereto. law SECTION 3. The Judiciary shall
(3) All cases in which the enjoy fiscal autonomy.
jurisdiction of any trial courts shall be heard and decided Appropriations for the
is in issue.
Judiciary may not be reduced by
(4) All criminal cases in which by the Supreme Court en
the legislature below the amount
the penalty imposed is death appropriated for the previous year
or life imprisonment. banc, and no treaty, and, after approval, shall be
(5) All cases in which an error automatically and regularly
or question of law is involved. executive agreement, or released.
SEC. 3. Until the National law
Assembly shall provide SECTION 4. (1) The Supreme Court
shall be composed of a Chief
otherwise, the Supreme may be declared
Justice and fourteen
Court shall have such original AssociateJustices. It may sit en
and appellate jurisdiction as unconstitutional without banc or in its discretion, in
may be possessed and the divisions of three, five, or seven
exercised by the Supreme Members. Any vacancy shall be
Court of the Philippine concurrence of at least ten filled within ninety days from the
Islands at the time of the occurrence thereof.(2) All cases
involving the constitutionality of a
adoption of this Constitution. Members. All other cases,
treaty,international or executive
The original jurisdiction of the which under its rules are agreement, or law, which shall be
Supreme Court shall include heard by the Supreme Court en
all cases affecting required to be heard en banc, and all other cases which
ambassadors, other public banc, under the Rules of Court are
ministers, and consuls. required to be heard en banc,
including those involving the
SEC. 4. The Supreme Court shall be decided with the
constitutionality, application, or
shall be composed of a Chief
operation of presidential decrees,
Justice and ten Associate concurrence of at least proclamations,orders, instructions,
Justices and may sit either in eight ordinances, and other regulations,
banc or in two divisions shall be decided with the
unless otherwise provided by Members. concurrence of a
law. majority of the Members who
SEC. 5. The members of the (3) Cases heard by a actually took part in the
Supreme Court and all judges division deliberations on the issues in the
of inferior courts shall be appointed by case and voted thereon.
(3) Cases or matters heard by a
the President shall be decided with the
division shall be decided or
with the consent of the resolved with the
Commission on concurrence of at least concurrence of a majority of the
Appointments of the National fivMembers, but if such Members who actually took part
Assembly. required number is not in the deliberations on the issues
SEC. 6. No person may be obtained, the in the case and voted thereon, and
appointed member of the case shall be decided en in no
case, without the concurrence of
Supreme Court unless he has banc: Provided, that no
at least three of such Members.
been five years a citizen of doctrine or principle of law When the
the Philippines, is at least laid down by the Court in a required number is not obtained,
forty years of age, and has decision rendered en banc the case shall be decided en banc:
for ten years or more been a or in division may be Provided,that no doctrine or
judge of a court of record or modified or reversed except principle of law laid down by the
engaged in the practice of by the Court sitting en banc. court in
a decision rendered en banc or in
law in the Philippines. SEC. 3. (l) No person shall
division may be modified or
SEC. 7. No judge appointed be appointed Member of reversed except by the court
for a particular district shall the Supreme Court unless sitting en banc.
be designated or transferred he is a natural-born citizen SECTION 5. The Supreme Court
to another district without the of the Philippines, at least shall have the following powers:
approval of the Supreme forty years of age, and has (1) Exercise original jurisdiction
over cases affecting ambassadors,
Court. The National for ten years or more been
other public ministers and consuls,
Assembly shall by law a judge of a court of record
and over petitions for certiorari,
determine the residence of or engaged in the practice prohibition, mandamus, quo
judges of inferior courts. of warranto,and habeas corpus. (2)
SEC. 8. The National law in the Philippines. Review, revise, reverse,modify, or
Assembly shall prescribe the (2) The Batasang Pambansa affirm on appeal or certiorari, as
qualifications of judges of shall prescribe the the law or the Rules of Court may
inferior courts, but no person qualifications of judges of provide,
may be appointed judge of inferior courts, but no final judgments and orders of
any such courts unless he is person may be appointed lower courts in: (a) All cases in
which the constitutionality or
a citizen of the Philippines judge thereof unless he is a
validity of
and has been admitted to the natural-born citizen of the any treaty, international or
practice of law in the Philippines and a member executive agreement, law,
Philippines. of the Philippine Bar.SEC. 4. presidential decree,
SEC. 9. The members of the The Members of the proclamation, order, instruction,
Supreme Court and all judges Supreme Court and judges ordinance, or regulation is in
of inferior courts shall hold of inferior courts shall be question.
(b) All cases involving the legality
office during good behavior,until they appointed by the President.
of any tax, impost, assessment, or
reach the age of SEC. 5. The Supreme Court toll, or any
seventy years, or become shall have the following penalty imposed in relation
incapacitated to discharge powers: thereto.
the duties of their office. They (1) Exercise original (c) All cases in which the
shall receive such jurisdiction over cases jurisdiction of any lower court is in
compensation as may be affecting ambassadors, issue.
(d) All criminal cases in which
fixed by law, which shall not other public ministers, and
the penalty imposed is reclusion
be diminished during the consuls,and over petitions perpetua or higher.
continuance in office. Until for certiorari, prohibition, (e) All cases in which only an error
the National Assembly shall mandamus quo warranto, or question of law is involved.
and habeas corpus. (3) Assign temporarily judges of
provide otherwise, the Chief (2) Review and revise, lower courts to other stations as
public interest may require. Such
Justice of the Supreme Court reverse, modify, or affirm
temporary
shall receive an annual on appeal or certiorari, as
assignment shall not exceed six
compensation of sixteen the law or the Rules of months without the consent of
thousand pesos, and each Court may provide, final the judge concerned.
Associate Justice, fifteen judgments and decrees of (4) Order a change of venue or
thousand pesos. inferior courts in– place of trial to avoid a
SEC. 10. All cases involving (a) All cases in which the miscarriage of justice.
the constitutionality of treaty constitutionality or validity (5) Promulgate rules concerning
or law shall be heard and of any treaty, executive the protection and enforcement of
decided by the Supreme agreement, law, ordinance, constitutional rights, pleading,
practice, and procedure in all
Court in banc, and no treaty or executive order or
courts, the admission to the
or law may be declared regulation is in question. (b) practice of law, the Integrated Bar,
unconstitutional without the All cases involving the and legal assistance to the
concurrence of two-thirds of legality of any tax, impost, underprivileged. Such rules shall
all the members of the Court. assessment, or toll, or any provide a simplified and
SEC. 11. The conclusions of penalty imposed in relation inexpensive procedure for the
the Supreme Court in any thereto. (c) All cases in speedy disposition of cases, shall
be uniform for all courts
case submitted to it for which thejurisdiction of any
of the same grade, and shall not
decision shall be reached in inferior court is in issue. diminish, increase, or modify
consultation before the case (d) All criminal cases in substantive rights. Rules of
is assigned to a Justice for which the penalty imposed procedure of special courts and
the writing of the opinion of is death or life quasi-judicial bodies shall remain
the Court. Any Justice imprisonment. effective unless disapproved by
dissenting from a decision (e) All cases in which only the Supreme Court.
(6) Appoint all officials and
shall state the reasons for his an error or question of law
employees of the Judiciary in
dissent. is involved. accordance with the Civil Service
SEC. 12. No decision shall be (3) Assign temporarily Law.
rendered by any court of record without judgesof inferior courts to SECTION 6. The Supreme Court
expressing other stations as public shall have administrative
therein clearly and distinctly interestmay require. Such supervision over all courts and the
personnel thereof.
the facts and the law on temporary assignment shall
which it is based. not last longer than six
SECTION 7. (1) No person shall be
SEC. 13. The Supreme Court mouths without the appointed Member of the
shall have the power to consent of the judge Supreme Court or any lower
promulgate rules concerning concerned. collegiate court unless he is a
pleading, practice, and (4) Order a change of venue natural-born citizen of
procedure in all courts, and or place of trial to avoid a the Philippines. A Member of the
the admission to the practice miscarriage of justice. Supreme Court must be at least
of law. Said rules shall be (5) Promulgate rules forty years of age,and must have
uniform for all courts of the concerning pleading, been for
fifteen years or more a judge of a
same grade and shall not practice, and procedure in
lower court or engaged in the
diminish, increase, or modify all courts, the admission to practice of law in the Philippines.
substantive rights. The the practice of law, and the (2) The Congress shall prescribe
existing laws on pleading, integration of the Bar, the qualifications of judges of
practice, and procedure are which, however, may be lower courts, but no person may
hereby repealed as statues, repealed, altered, or be appointed judge thereof unless
and are declared Rules of supplemented by the he is a citizen of the Philippines
and a member of the Philippine
Courts, subject to the power Batasang Pambansa. Such
Bar.
of the Supreme Court to alter rules shall provide a
and modify the same. The simplified and.inexpensive (3) A Member of the Judiciary
National Assembly shall have procedure for the speedy must be a person of proven
the power to repeal, alter, or disposition of cases, shall competence, integrity, probity,
supplement the rules be uniform for all courts of and independence.
concerning pleading, the same grade, and shall SECTION 8. (1) A Judicial and Bar
Council is hereby created under
practice, and procedure, and not diminish, increase, or
the supervision of the Supreme
the admission to the practice modify substantive rights. Court composed of the Chief
of law in the Philippines. (6) Appoint its officials and Justice as ex officio Chairman, the
employees in accordance Secretary of
with the Civil Service Law. Justice, and a representative of
SEC. 6. The Supreme Court the Congress as ex officio
Members, a representative of the
shall have administrative
Integrated Bar, a
supervision over all courts
professor of law, a retired Member
and the personnel thereof. of the Supreme Court, and a
SEC. 7. The Members of the representative of the private
Supreme Court and judges sector.
of inferior courts shall hold (2) The regular Members of the
office during good behavior Council shall be appointed by the
until they reach the age of President
seventy years or become for a term of four years with the
incapacitated to discharge consent of the Commission on
Appointments. Of the Members
the duties of their office.
first appointed, the representative
The Supreme Court shall of the Integrated Bar shall serve
have the power to for four years, the professor of law
discipline judges of inferior for three years, the retired Justice
courts and, by a vote of at for two years, and the
least eight Members, order representative of the private
their dismissal. sector for one year.
(3) The Clerk of the Supreme Court
SEC. 8. The conclusions of
shall be the Secretary ex officio of
the Supreme Court in any the Council and shall keep a record
case submitted to it for of its
decision en banc or in proceedings.
division shall be reached in (4) The regular Members of the
consultation before the Council shall receive such
case is assigned to a emoluments as may be
determined by the Supreme
Member for the writing of
Court. The Supreme Court shall
the opinion of the Court. provide in its annual budget the
Any Member dissenting appropriations for
from a decision shall state the Council.
the reasons for his dissent. (5) The Council shall have the
The same requirements principal function of
recommending appointees to the
shall be observed by all
Judiciary. It may exercise
inferior collegiate courts.
such other functions and duties as
SEC. 9. Every decision of a the Supreme Court may assign to
court of record shall clearly it.
and distinctly state the facts
and the law on which it is SECTION 9. The Members of the
based. The Rules of Court Supreme Court and judges of
shall govern the lower courts shall be appointed by
promulgation of minute the President from a list of at least
resolutions. three nominees prepared by the
Judicial and
SEC. 10. The salary of the
Bar Council for every vacancy.
Chief Justice and of the Such appointments need no
Associate Justices of the confirmation.
Supreme Court, and of For the lower courts, the President
judges of inferior courts shall issue the appointments
shall be fixed by law, which within ninety days from the
shall not be decreased submission of
the list.
during the continuance in
SECTION 10. The salary of the
office. Until the Batasang Chief Justice and of the Associate
Pambansa shall provide Justices of the Supreme Court, and
otherwise, the Chief Justice of judges of lower courts shall be
shall receive an annual fixed by law. During their
salary of seventy-five continuance in office, their
thousand pesos, and each salary shall not be decreased.
Associate Justice, sixty
SECTION 11. The Members of the
thousand pesos. SEC.11.(1) Supreme Court and judges of
Upon the effectivity of this lower courts shall hold office
Constitution, the maximum during good
period within which a case behavior until they reached the
or matter shall be decided age of seventy years or become
incapacitated to discharge the
or resolved from the date of
duties of their office. The Supreme
its submission, shall be
Court en banc shall have the
eighteen months for the power to discipline judges of
Supreme Court, and, lower
unless reduced by the courts, or order their dismissal by
Supreme Court, twelve a vote of a majority of the
months for all inferior Members who
collegiate courts, and three actually took part in the
months for all other inferior deliberations on the issues in the
courts. case and voted thereon.
SECTION 12. The Members of the
(2) With respect to the
Supreme Court and of other
Supreme Court and other courts established by law shall not
collegiate appellate be designated to any agency
courts,when the applicable performing
maximum period shall have quasi-judicial or administrative
lapsed without “the functions.
rendition of the
SECTION 13. The conclusions of
corresponding decision or
the SupremeCourt in any case
resolution because the submitted
necessary vote cannot be to it for decision en banc or in
had, the judgment, order, division shall be reached in
or resolution appealed from consultation before the case is
shall be deemed affirmed, assigned to a Member for
except in those cases where
the writing of the opinion of the
a qualified majority is
Court. A certification to this effect
required and in appeals signed by the Chief Justice shall be
from judgments of issued and a
conviction in criminal cases; copy thereof attached to the
and in original special civil record of the case and served
actions and upon the parties. Any Member
who took no part, or
proceedings for habeas
dissented, or abstained from a
corpus, the petition in such
decision or resolution must state
cases shall be deemed the reason therefor. The same
dismissed; and a requirements shall be observed by
certification to this effect all lower collegiate courts.
signed by the Chief SECTION 14. No decision shall be
Magistrate of the court rendered by any court without
shall be issued and a copy expressing therein clearly and
thereof attached to the distinctly the facts and the law on
record of the case. which it is based. No petition for
review or motion for
SEC. 12. The Supreme Court
reconsideration of a decision of
shall, within thirty days
the court shall be refused due
from
course or
the opening of each regular
denied without stating the legal
session of the Batasang
basis therefor.
Pambansa, submit to the
SECTION 15. (1) All cases or
President, the Prime
matters filed after the effectivity of
Minister,
this Constitution must be decided
and the Batasang Pambansa
or resolved within twenty-four
an annual report on the
months
operations and activities of
from date of submission for the
the Judiciary.
Supreme Court, and, unless
reduced by the Supreme Court,
twelve months for all lower
collegiate courts, and three
months for all other lower courts.
(2) A case or matter shall be
deemed submitted for decision or
resolution upon the filing of the
last pending,brief, or
memorandum required by the
Rules of Court or by the court
itself.
(3) Upon the expiration of the

corresponding period, a
certification to this effect signed
by the Chief Justice or the
presiding judge shall forthwith be
issued and a copy thereof
attached to the record of the case
or matter, and served upon the
parties. The certification shall
state why a decision or resolution
has not been rendered or issued
within said period.
(4) Despite the expiration of the
applicable mandatory period, the
court, without prejudice to such
responsibility as may have been
incurred in consequence thereof,
shall decide or resolve the case or
matter submitted thereto for
determination, without further
delay.
SECTION 16. The Supreme
Court shall, within thirty days
from the opening of each
regular session of the
Congress, submit to the
President and the Congress an
annual report on the
operations and activities of
the Judiciary
ARTICLE IX.—IMPEACHMENT ARTICLE XII ARTICLE IX

THE CONSTITUTIONAL Constitutional Commissions

COMMISSIONS

SECTION 1. The President, the Vice- A. COMMON PROVISIONS ARTICLE IX


President, the Justices of the
Supreme Court, and the Auditor SECTION 1. The Constitutional Commissions
General, shall be removed from office Constitutional Commissions
on impeachment for, and conviction shall be the Civil Service
of, culpable violation of the Commission, the A. Common Provisions
Constitution, treason, bribery, or Commission on Elections,
other high crimes. and the Commission on SECTION 1. The Constitutional
Audit. Commissions, which shall be
SEC. 2. The Commission on independent, are the Civil
Impeachment of the National SEC. 2. Unless otherwise Service Commission, the
Assembly, by a vote of two-thirds of provided by law, the Commission on Elections, and
its Members, shall have the sole Chairman and each the Commission on Audit.
power of impeachment. Commissioner of a
Constitutional Commission SECTION 2. No Member of a
SEC. 3. The National Assembly shall shall receive an annual Constitutional Commission
have the sole power to try all salary of sixty thousand shall, during his tenure, hold
impeachments. When sitting for that pesos and fifty thousand any other office or employment.
purpose the Members shall be on pesos, respectively, which Neither shall he engage in the
oath or affirmation. When the shall not be decreased practice of any profession or in
President of the Philippines is on trial, during their continuance in the active management or
the Chief Justice of the Supreme office. control of any business which in
Court shall preside. No person shall any way be affected by the
be convicted without the concurrence SEC. 3. No Member of a functions of his office, nor shall
of three-fourths of all the Members Constitutional Commission he be financially interested,
who do not belong to the shall, during his tenure in directly or indirectly, in any
Commission on Impeachment. office, engage in the contract with, or in any
practice of any profession orfranchise or privilege granted
SEC. 4. Judgment in cases of in the management of any by the Government, any of its
impeachment shall not extend further business, or be financially subdivisions, agencies, or
then to removal from office and interested directly or instrumentalities, including
disqualification to hold and enjoy any indirectly in any contract government-owned or
office of honor, trust, or profit under with, or in any franchise or controlled corporations or their
the Government of the Philippines, privilege granted by, the subsidiaries.
but the party convicted shall Government, or any
nevertheless be liable and subject to subdivision, agency, or SECTION 3. The salary of the
prosecution, trial, and punishment, instrumentality thereof Chairman and the
according to law. Commissioners shall be fixed
ARTICLE X.—GENERAL AUDITING including government- by law and shall not be
OFFICE owned or controlled decreased during their tenure.
corporations.
SECTION 1. There shall be a SECTION 4. The Constitutional
General Auditing Office under the SEC. 4. The Constitutional Commissions shall appoint their
direction and control of an Auditor Commissions shall appoint officials and employees in
General, who shall hold office for a their officials and employeesaccordance with law.
term of ten years and may not be in accordance with the Civil
reappointed. The Auditor General Service Law. SECTION 5. The Commission
shall be appointed by the President shall enjoy fiscal autonomy.
with the consent of the Commission B. THE CIVIL SERVICE Their approved annual
on Appointments, and shall receive COMMISSION appropriations shall be
an annual compensation to Le fixed automatically and regularly
SECTION 1. (1) The Civil released.
by law which shall not be diminished
Service embraces every
during his continuance in office. Until
branch, agency, subdivision,SECTION 6. Each Commission
the National Assembly shall provide
and instrumentality of the en banc may promulgate its
otherwise, the Auditor General shall
Government, including own rules concerning pleadings
receive an annual compensation of
every government-owned orand practice before it or before
twelve thousand pesos.
controlled corporation. It any of its offices. Such rules
SEC. 2. The Auditor General shall shall be administered by anhowever shall not diminish,
examine, audit, and settle all independent Civil, Service increase, or modify substantive
accounts pertaining to the revenues Commission composed of arights.
and receipts from whatever source, Chairman and two
including trust funds derived from Commissioners, who shall SECTION 7. Each Commission
bond issues; and audit, in be natural-born citizens of shall decide by a majority vote
accordance with law and the Philippines, and, at the of all its Members any case or
administrative regulations, all time of their appointment, matter brought before it within
expenditures of funds or property are at least thirty-five years sixty days from the date of its
of age and holders of a submission for decision or
pertaining to or held in trust by the
Government or the provinces or college degree, and must resolution. A case or matter is
municipalities thereof. He shall keep not have been candidates deemed submitted for decision
for any elective position in or resolution upon the filing of
the general accounts of the the election immediately the last pleading, brief, or
Government and preserve the preceding their memorandum required by the
vouchers pertaining thereto. It shall appointment. The Chairmanrules of the Commission or by
be the duty of the Auditor General to and the Commissioners the Commission itself. Unless
bring to the attention of the proper shall be appointed by the otherwise provided by this
administrative officer expenditures of President for a term of Constitution or by law, any
funds or property which, in his seven years without decision, order, or ruling of
opinion, are irregular, unnecessary, reappointment. Of the each Commission may be
excessive, or extravagant. He shall Commissioners first brought to the Supreme Court
also perform such other functions as appointed, one shall hold on certiorari by the aggrieved
may be prescribed by law. office for seven years, party within thirty days from
another for five years, and receipt of a copy thereof.
SEC. 3. The decisions of the Auditor the third for three years.
General shall be rendered within the Appointment to any vacancySECTION 8. Each Commission
time fixed by law, and the same may shall be only for the shall perform such other
be appealed to the President whose unexpired portion of the functions as may be provided
action shall be final. When the term of the predecessor. by law.
aggrieved party is a private person or
entity, an appeal from the decision of (2) The Commission shall, B. The Civil Service
the Auditor General may be taken subject to such limitations Commission
directly to a court of record in the as may be provided by law, SECTION 1. (1) The Civil
manner provided by law. establish a career service Service shall be administered
and adopt measures to by the Civil Service
SEC. 4. The Auditor General shall promote morale, efficiency, Commission composed of a
submit to the President and the and integrity in the Civil
National Assembly an annual report Chairman and two
Service. Commissioners who shall be
covering the financial condition and
operations of the Government, and SEC. 2. Appointments in thenatural-born citizens of the
such other reports as may be Civil Service, except as to Philippines and, at the time of
required. those which are policy- their appointment, at least
determining, primarily thirty-five years of age, with
ARTICLE XI.—CIVIL SERVICE confidential, or highly proven capacity for public
administration, and must not
SECTION 1. A Civil Service technical in nature, shall be have been candidates for any
embracing all branches and made only according to elective position in the elections
subdivisions of the Government shall merit and fitness, to be immediately preceding their
be provided by law. Appointments in determined as far as appointment.
the Civil Service, except as to those practicable by competitive
which are policy-determining, examination. (2) The Chairman and the
primarily confidential or highly Commissioners shall be
technical in nature, shall be made SEC. 3. No officer or appointed by the President with
only according to merit and fitness, to employee in the Civil the consent of the Commission
be determined as far as practicable Service shall be suspendedon Appointments for a term of
by competitive examination. or dismissed except for seven years without
causes as provided by law. reappointment. Of those first
SEC. 2. Officers and employees in appointed, the Chairman shall
the Civil Service, including members SEC. 4. (1) Unless hold office for seven years, a
of the armed forces, shall not engage otherwise provided by law, Commissioner for five years,
directly or indirectly in partisan no elective official shall be and another Commissioner for
political activities or take part in any eligible for appointment to three years, without
election except to vote. any office or position duringreappointment. Appointment to
his tenure, except as any vacancy shall be only for
SEC. 3. No officer or employee of the Member of the Executive the unexpired term of the
Government shall receive additional Committee referred to in predecessor. In no case shall
or double compensation unless Section 3, Article IX, hereof.any Member be appointed or
specifically authorized by law. designated in a temporary or
(2) No candidate who lost in
acting capacity.
SEC. 4. No officer or employee in the an election shall be eligible
Civil Service shall be removed or for appointment or SECTION 2. (1) The civil
suspended except for cause as reappointment to any office service embraces all branches,
provided by law. in the Government, or in subdivisions, instrumentalities,
any’ government-owned or and agencies of the
controlled Corporation, Government, including
within one year following government-owned or
such election. controlled corporations with
SEC. 5. No officer or original charters.
employee in the Civil
Service, inc1uding (2) Appointments in the civil
members of the armed service shall be made only
forces, shall engage directlyaccording to merit and fitness
or indirectly in any partisan to be determined, as far as
political activity or take part practicable, and, except to
in any election except to positions which are policy-
vote. determining, primarily
confidential, or highly technical,
SEC. 6. The Batasang by competitive examination.
Pambansa shall provide for
the standardization of (3) No officer or employee of
compensation of the civil service shall be
government officials and removed or suspended except
employees, including those for cause provided by law.
in government-owned or
controlled corporations,
taking into account the
nature of the responsibilities
pertaining to, and the
qualifications required for,
the positions concerned.

C. THE COMMISSION ON
ELECTIONS

SECTION 1. (1) There shall


be an independent
Commission on Elections
composed of a Chairman
and eight Commissioners,
who shall be natural-born
citizens of the Philippines,
and, at the time of their
appointment, at least thirty-
five years of age and
holders of a college degree.
However, a majority thereof,
including the Chairman,
shall be members of the
Philippine Bar who have
been engaged in the
practice of law for at least
ten years.

(2) The Chairman and the


Commissioners shall be
appointed by the President
for a term of seven years
without reappointment. Of
the Commissioners first
appointed, three shall hold
office for seven years, three
for five years, and the last
three for three years.
Appointment to any vacancy
shall be only for the
unexpired portion of the
term of the predecessor.

SEC. 2. The Commission on


Elections shall have the
following powers and
functions:
(1) Enforce and administer
all laws relative to the
conduct of elections.

(2) Be the sole judge of all


contests relating to the
elections, returns, and
qualifications of all
Members of the Batasang
Pambansa and elective
provincial and city officials.

(3) Decide, save those


involving the right to vote,
administrative questions
affecting elections, including
the determination of the
number and location of
polling places, the
appointment of election
officials and inspectors, and
the registration of voters.

(4) Deputize, with the


consent or at the instance of
the President, law
enforcement agencies and
instrumentalities of the
Government, including the
armed forces of the
Philippines, for the purpose
of ensuring free, orderly,
and honest elections.

(5) Register and accredit


political parties subject to
the provisions of Section
eight hereof.

(6) Recommend to the


Batasang Pambansa
effective measures to
minimize election expenses
and prohibit all forms of
election frauds and
malpractices, political
opportunism, guest or
nuisance candidacy, or
other similar acts.

(7) Submit to the President,


the Prime Minister, and the
Batasang Pambansa a
report on the conduct and
manner of each election.

(8) Perform such other


functions as may be
provided by law.

SEC. 3. The Commission on


Elections may sit en banc or
in three divisions. All
election cases may be
heard and decided by
divisions, except contests
involving Members of the
Batasang Pambansa, which
shall be heard and decided
en banc. Unless otherwise
provided by law, all election
cases shall be, decided
within ninety days from the
date of their submission for
decision.

SEC. 4. The Commission


may recommend to the
President the removal of, or
any other disciplinary action
against, any officer or
employee it has deputized,
for violation or disregard of,
or disobedience to, its
decision, order, or directive.

SEC. 5. The enjoyment or


utilization of all franchises or
permits for the operation of
transportation and other
public utilities, media of
communication or
information, all grants,
special privileges, or
concessions granted by the
Government, or any
subdivision, agency, or
instrumentality thereof,
including any government-
owned or controlled
corporation, may be
supervised or regulated by
the Commission during the
election period for the
purpose of ensuring free,
orderly, and honest
elections.

SEC. 6. Unless otherwise


fixed by the Commission in
special cases, the election
period shall commence
ninety days before the day
of election and shall end
thirty days thereafter.

SEC. 7. No pardon, parole


or suspension of sentence
for violation of the law or
rules and regulations
concerning elections shall
be granted without the
recommendation of the
Commission.

SEC. 8. The political parties


whose respective
candidates for President
have obtained the first and
second highest number of
votes in the last preceding
election for President under
this Constitution shall be
entitled to accredition if
each has obtained at least
ten percent (10%) of the
total number of votes cast in
such election. If the
candidates for President
obtaining the two highest
number of votes do not
each obtain at least ten
percent (10%) of the total
number of votes cast, or in
case no election for
President shall as yet have
been held, the Commission
on Elections shall grant
accredition to political
parties as may be provided
by law;

No religious sect shall be


registered as a political
party, and no political party
which seeks to achieve its
goal through violence shall
be entitled to accredition.

SEC. 9. (1) Bona fide


candidates for any public
office shall be free from any
form of harassment and
discrimination.

(2) Accredited political


parties shall be represented
in the registration board,
board of election inspectors,
board of canvassers, or
other similar bodies as may
be provided by law.

Accredited political parties


may by law be granted
other rights or privileges.

SEC. 10. No elective public


officer may change his
political affiliation during his
term of office, and no
candidate for any elective
office may change his
political party affiliation
within six months
immediately preceding or
following an election, unless
otherwise provided by law.

SEC. 11. Any decision,


order, or ruling of the
Commission may be
brought to the Supreme
Court on certiorari by the
aggrieved party within thirty
days from his, receipt of a
copy thereof.

D. COMMISION ON AUDIT

SECTION 1. (1) There shall


be an independent
Commission on Audit
composed of a Chairman
and two Commissioners,
who shall be natural-born
citizens of the Philippines
and, at the time of their
appointment, at least forty
years of age and certified
public accountants or
members of the Philippine
Bar for at least ten years.

(2) The Chairman and the


Commissioners shall be
appointed by the President
for a term of seven years
without reappointment. Of
the Commissioners first.
appointed, one shall hold
office for seven years,
another for five years, and
the third for three years.
Appointment to any vacancy
shall be only for the
unexpired portion of the
term of the predecessor.

SEC. 2. The Commission on


Audit shall have the
following powers and
functions:

(1) Examine, audit, and


settle, in accordance with
law and regulations, all
accounts pertaining to the
revenues and receipts of,
and expenditures or uses of
funds and property, owned
or held in trust by, or
pertaining to, the
Government, or any of its
subdivisions, agencies, or
instrumentalities, including
government-owned or
controlled corporations;
keep the general accounts
of the Government and, for
such period as may be
provided by law, preserve
the vouchers pertaining
thereto; and promulgate
accounting and auditing
rules and regulations
including those for the
prevention of irregular,
unnecessary, excessive; or
extravagant expenditures or
uses of funds and property.

(2) Decide any case brought


before it within sixty days
from the date of its
submission for resolution.
Unless otherwise provided
by law, any decision, order,
or ruling of the Commission
may be brought to the
Supreme Court on certiorari
by the aggrieved party
within thirty days from his
receipt of a copy thereof.

(3) Submit to the President,


the Prime Minister, and the
Batasang Pambansa, within
the time fixed by law, an
annual financial report of
the Government, its
subdivisions, agencies, and
instrumentalities, including
government-owned or
controlled corporations, and
recommend measures
necessary to improve their
efficiency and effectiveness.
It shall submit such other
reports as may be required
by law.
(4) Perform such other
duties and functions as may
be prescribed by law.

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