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1987 Constitution

The document outlines the constitution of the Republic of the Philippines. It discusses principles such as democracy, human rights, and social justice. It also covers policies including foreign relations, the economy, and the environment.

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0% found this document useful (0 votes)
63 views41 pages

1987 Constitution

The document outlines the constitution of the Republic of the Philippines. It discusses principles such as democracy, human rights, and social justice. It also covers policies including foreign relations, the economy, and the environment.

Uploaded by

AV Cad
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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CONSTITUTION OF THE REPUBLIC

OF THE PHILIPPINES Section 3. Civilian authority is, at all


times, supreme over the military. The
Armed Forces of the Philippines is the
PREAMBLE protector of the people and the State. Its
We, the sovereign Filipino people, goal is to secure the sovereignty of the
imploring the aid of Almighty God, in State and the integrity of the national
order to build a just and humane society, territory.
and establish a Government that shall
embody our ideals and aspirations, Section 4. The prime duty of the
promote the common good, conserve and Government is to serve and protect the
develop our patrimony, and secure to people. The Government may call upon
ourselves and our posterity, the blessings the people to defend the State and, in the
of independence and democracy under fulfillment thereof, all citizens may be
the rule of law and a regime of truth, required, under conditions provided by
justice, freedom, love, equality, and law, to render personal, military or civil
peace, do ordain and promulgate this service.
Constitution.
Section 5. The maintenance of peace and
order, the protection of life, liberty, and
ARTICLE I – NATIONAL TERRITORY property, and promotion of the general
The national territory comprises the welfare are essential for the enjoyment
Philippine archipelago, with all the by all the people of the blessings of
islands and waters embraced therein, and democracy.
all other territories over which the
Philippines has sovereignty or Section 6. The separation of Church and
jurisdiction, consisting of its terrestrial, State shall be inviolable.
fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, STATE POLICIES
the insular shelves, and other submarine Section 7. The State shall pursue an
areas. The waters around, between, and independent foreign policy. In its
connecting the islands of the relations with other states, the
archipelago, regardless of their breadth paramount consideration shall be
and dimensions, form part of the internal national sovereignty, territorial integrity,
waters of the Philippines. national interest, and the right to self-
determination.

ARTICLE II – DECLARATION OF Section 8. The Philippines, consistent


PRINCIPLES AND STATE POLICIES with the national interest, adopts and
PRINCIPLES pursues a policy of freedom from nuclear
weapons in its territory.
Section 1. The Philippines is a
democratic and republican State. Section 9. The State shall promote a just
Sovereignty resides in the people and all and dynamic social order that will ensure
government authority emanates from the prosperity and independence of the
them. nation and free the people from poverty
through policies that provide adequate
Section 2. The Philippines renounces war social services, promote full employment,
as an instrument of national policy, a rising standard of living, and an
adopts the generally accepted principles improved quality of life for all.
of international law as part of the law of
the land and adheres to the policy of Section 10. The State shall promote
peace, equality, justice, freedom, social justice in all phases of national
cooperation, and amity with all nations. development.
Section 19. The State shall develop a self-
Section 11. The State values the dignity reliant and independent national
of every human person and guarantees economy effectively controlled by
full respect for human rights. Filipinos.

Section 12. The State recognizes the Section 20. The State recognizes the
sanctity of family life and shall protect indispensable role of the private sector,
and strengthen the family as a basic encourages private enterprise, and
autonomous social institution. It shall provides incentives to needed
equally protect the life of the mother and investments.
the life of the unborn from conception.
The natural and primary right and duty of Section 21. The State shall promote
parents in the rearing of the youth for comprehensive rural development and
civic efficiency and the development of agrarian reform.
moral character shall receive the support
of the Government. Section 22. The State recognizes and
promotes the rights of indigenous
Section 13. The State recognizes the vital cultural communities within the
role of the youth in nation-building and framework of national unity and
shall promote and protect their physical, development.
moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth Section 23. The State shall encourage
patriotism and nationalism, and non-governmental, community-based, or
encourage their involvement in public sectoral organizations that promote the
and civic affairs. welfare of the nation.

Section 14. The State recognizes the role Section 24. The State recognizes the vital
of women in nation-building, and shall role of communication and information in
ensure the fundamental equality before nation-building.
the law of women and men.
Section 25. The State shall ensure the
Section 15. The State shall protect and autonomy of local governments.
promote the right to health of the people
and instill health consciousness among Section 26. The State shall guarantee
them. equal access to opportunities for public
service and prohibit political dynasties as
Section 16. The State shall protect and may be defined by law.
advance the right of the people to a
balanced and healthful ecology in accord Section 27. The State shall maintain
with the rhythm and harmony of nature. honesty and integrity in the public
service and take positive and effective
Section 17. The State shall give priority to measures against graft and corruption.
education, science and technology, arts,
culture, and sports to foster patriotism Section 28. Subject to reasonable
and nationalism, accelerate social conditions prescribed by law, the State
progress, and promote total human adopts and implements a policy of full
liberation and development. public disclosure of all its transactions
involving public interest.
Section 18. The State affirms labor as a
primary social economic force. It shall
protect the rights of workers and promote ARTICLE III – BILL OF RIGHTS
their welfare. Section 1. No person shall be deprived of
life, liberty, or property without due
process of law, nor shall any person be national security, public safety, or public
denied the equal protection of the laws. health, as may be provided by law.

Section 2. The right of the people to be Section 7. The right of the people to
secure in their persons, houses, papers, information on matters of public concern
and effects against unreasonable shall be recognized. Access to official
searches and seizures of whatever nature records, and to documents and papers
and for any purpose shall be inviolable, pertaining to official acts, transactions, or
and no search warrant or warrant of decisions, as well as to government
arrest shall issue except upon probable research data used as basis for policy
cause to be determined personally by the development, shall be afforded the
judge after examination under oath or citizen, subject to such limitations as may
affirmation of the complainant and the be provided by law.
witnesses he may produce, and
particularly describing the place to be Section 8. The right of the people,
searched and the persons or things to be including those employed in the public
seized. and private sectors, to form unions,
associations, or societies for purposes
Section 3. (1) The privacy of not contrary to law shall not be abridged.
communication and correspondence
shall be inviolable except upon lawful Section 9. Private property shall not be
order of the court, or when public safety taken for public use without just
or order requires otherwise, as compensation.
prescribed by law.
Section 10. No law impairing the
(2) Any evidence obtained in violation of obligation of contracts shall be passed.
this or the preceding section shall be
inadmissible for any purpose in any Section 11. Free access to the courts and
proceeding. quasi-judicial bodies and adequate legal
assistance shall not be denied to any
Section 4. No law shall be passed person by reason of poverty.
abridging the freedom of speech, of
expression, or of the press, or the right of Section 12. (1) Any person under
the people peaceably to assemble and investigation for the commission of an
petition the government for redress of offense shall have the right to be
grievances. informed of his right to remain silent and
to have competent and independent
Section 5. No law shall be made counsel preferably of his own choice. If
respecting an establishment of religion, the person cannot afford the services of
or prohibiting the free exercise thereof. counsel, he must be provided with one.
The free exercise and enjoyment of These rights cannot be waived except in
religious profession and worship, without writing and in the presence of counsel.
discrimination or preference, shall
forever be allowed. No religious test shall (2) No torture, force, violence, threat,
be required for the exercise of civil or intimidation, or any other means which
political rights. vitiate the free will shall be used against
him. Secret detention places, solitary,
Section 6. The liberty of abode and of incommunicado, or other similar forms of
changing the same within the limits detention are prohibited.
prescribed by law shall not be impaired
except upon lawful order of the court. (3) Any confession or admission obtained
Neither shall the right to travel be in violation of this or Section 17 hereof
impaired except in the interest of shall be inadmissible in evidence against
him.
Section 18. (1) No person shall be
(4) The law shall provide for penal and detained solely by reason of his political
civil sanctions for violations of this beliefs and aspirations.
section as well as compensation to the
rehabilitation of victims of torture or (2) No involuntary servitude in any form
similar practices, and their families. shall exist except as a punishment for a
crime whereof the party shall have been
Section 13. All persons, except those duly convicted.
charged with offenses punishable by
reclusion perpetua when evidence of Section 19. (1) Excessive fines shall not
guilt is strong, shall, before conviction, be imposed, nor cruel, degrading or
be bailable by sufficient sureties, or be inhuman punishment inflicted. Neither
released on recognizance as may be shall death penalty be imposed, unless,
provided by law. The right to bail shall not for compelling reasons involving heinous
be impaired even when the privilege of crimes, the Congress hereafter provides
the writ of habeas corpus is suspended. for it. Any death penalty already imposed
Excessive bail shall not be required. shall be reduced to reclusion perpetua.

Section 14. (1) No person shall be held to (2) The employment of physical,
answer for a criminal offense without due psychological, or degrading punishment
process of law. against any prisoner or detainee or the
use of substandard or inadequate penal
(2) In all criminal prosecutions, the facilities under subhuman conditions
accused shall be presumed innocent shall be dealt with by law.
until the contrary is proved, and shall
enjoy the right to be heard by himself and Section 20. No person shall be
counsel, to be informed of the nature and imprisoned for debt or non-payment of a
cause of the accusation against him, to poll tax.
have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to Section 21. No person shall be twice put
have compulsory process to secure the in jeopardy of punishment for the same
attendance of witnesses and the offense. If an act is punished by a law and
production of evidence in his behalf. an ordinance, conviction or acquittal
However, after arraignment, trial may under either shall constitute a bar to
proceed notwithstanding the absence of another prosecution for the same act.
the accused: Provided, that he has been
duly notified and his failure to appear is Section 22. No ex post facto law or bill of
unjustifiable. attainder shall be enacted.

Section 15. The privilege of the writ of


habeas corpus shall not be suspended ARTICLE IV – CITIZENSHIP
except in cases of invasion or rebellion, Section 1. The following are citizens of
when the public safety requires it. the Philippines:

Section 16. All persons shall have the [1] Those who are citizens of the
right to a speedy disposition of their Philippines at the time of the adoption of
cases before all judicial, quasi-judicial, or this Constitution;
administrative bodies. [2] Those whose fathers or mothers are
citizens of the Philippines;
Section 17. No person shall be compelled [3] Those born before January 17, 1973, of
to be a witness against himself. Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
[4] Those who are naturalized in
accordance with law.
ARTICLE VI – THE LEGISLATIVE
Section 2. Natural-born citizens are those DEPARTMENT
who are citizens of the Philippines from Section 1. The legislative power shall be
birth without having to perform any act to vested in the Congress of the Philippines
acquire or perfect their Philippine which shall consist of a Senate and a
citizenship. Those who elect Philippine House of Representatives, except to the
citizenship in accordance with paragraph extent reserved to the people by the
(3), Section 1 hereof shall be deemed provision on initiative and referendum.
natural-born citizens.
Section 2. The Senate shall be composed
Section 3. Philippine citizenship may be of twenty-four Senators who shall be
lost or reacquired in the manner provided elected at large by the qualified voters of
by law. the Philippines, as may be provided by
law.
Section 4. Citizens of the Philippines who
marry aliens shall retain their citizenship, Section 3. No person shall be a Senator
unless by their act or omission, they are unless he is a natural-born citizen of the
deemed, under the law, to have Philippines and, on the day of the
renounced it. election, is at least thirty-five years of
age, able to read and write, a registered
Section 5. Dual allegiance of citizens is voter, and a resident of the Philippines for
inimical to the national interest and shall not less than two years immediately
be dealt with by law. preceding the day of the election.

Section 4. The term of office of the


ARTICLE V – SUFFRAGE Senators shall be six years and shall
Section 1. Suffrage may be exercised by commence, unless otherwise provided by
all citizens of the Philippines, not law, at noon on the thirtieth day of June
otherwise disqualified by law, who are at next following their election. No Senator
least eighteen years of age, and who shall serve for more than two
shall have resided in the Philippines for consecutive terms. Voluntary
at least one year and in the place renunciation of the office for any length
wherein they propose to vote, for at least of time shall not be considered as an
six months immediately preceding the interruption in the continuity of his
election. No literacy, property, or other service for the full term of which he was
substantive requirement shall be elected.
imposed on the exercise of suffrage.
Section 5. (1) The House of
Section 2. The Congress shall provide a Representatives shall be composed of
system for securing the secrecy and not more than two hundred and fifty
sanctity of the ballot as well as a system members, unless otherwise fixed by law,
for absentee voting by qualified Filipinos who shall be elected from legislative
abroad. districts apportioned among the
provinces, cities, and the Metropolitan
The Congress shall also design a Manila area in accordance with the
procedure for the disabled and the number of their respective inhabitants,
illiterates to vote without the assistance and on the basis of a uniform and
of other persons. Until then, they shall be progressive ratio, and those who, as
allowed to vote under existing laws and provided by law, shall be elected through
such rules as the Commission on a party-list system of registered national,
Elections may promulgate to protect the regional, and sectoral parties or
secrecy of the ballot. organizations.
service for the full term for which he was
(2) The party-list representatives shall elected.
constitute twenty per centum of the total
number of representatives including Section 8. Unless otherwise provided by
those under the party list. For three law, the regular election of the Senators
consecutive terms after the ratification and the Members of the House of
of this Constitution, one-half of the seats Representatives shall be held on the
allocated to party-list representatives second Monday of May.
shall be filled, as provided by law, by
selection or election from the labor, Section 9. In case of vacancy in the
peasant, urban poor, indigenous cultural Senate or in the House of
communities, women, youth, and such Representatives, a special election may
other sectors as may be provided by law, be called to fill such vacancy in the
except the religious sector. manner prescribed by law, but the
Senator or Member of the House of
(3) Each legislative district shall Representatives thus elected shall serve
comprise, as far as practicable, only for the unexpired term.
contiguous, compact, and adjacent
territory. Each city with a population of at Section 10. The salaries of Senators and
least two hundred fifty thousand, or each Members of the House of Representatives
province, shall have at least one shall be determined by law. No increase
representative. in said compensation shall take effect
until after the expiration of the full term
(4) Within three years following the return of all the Members of the Senate and the
of every census, the Congress shall make House of Representatives approving such
a reapportionment of legislative districts increase.
based on the standards provided in this
section. Section 11. A Senator or Member of the
House of Representatives shall, in all
Section 6. No person shall be a Member offenses punishable by not more than six
of the House of Representatives unless years imprisonment, be privileged from
he is a natural-born citizen of the arrest while the Congress is in session.
Philippines and, on the day of the No Member shall be questioned nor be
election, is at least twenty-five years of held liable in any other place for any
age, able to read and write, and, except speech or debate in the Congress or in
the party-list representatives, a any committee thereof.
registered voter in the district in which
he shall be elected, and a resident Section 12. All Members of the Senate
thereof for a period of not less than one and the House of Representatives shall,
year immediately preceding the day of upon assumption of office, make a full
the election. disclosure of their financial and business
interests. They shall notify the House
Section 7. The Members of the House of concerned of a potential conflict of
Representatives shall be elected for a interest that may arise from the filing of a
term of three years which shall begin, proposed legislation of which they are
unless otherwise provided by law, at noon authors.
on the thirtieth day of June next following
their election. No Member of the House Section 13. No Senator or Member of the
of Representatives shall serve for more House of Representatives may hold any
than three consecutive terms. Voluntary other office or employment in the
renunciation of the office for any length Government, or any subdivision, agency,
of time shall not be considered as an or instrumentality thereof, including
interruption in the continuity of his government-owned or controlled
corporations or their subsidiaries, during
his term without forfeiting his seat. for disorderly behavior, and, with the
Neither shall he be appointed to any concurrence of two-thirds of all its
office which may have been created or Members, suspend or expel a Member. A
the emoluments thereof increased during penalty of suspension, when imposed,
the term for which he was elected. shall not exceed sixty days.

Section 14. No Senator or Member of the (4) Each House shall keep a Journal of its
House of Representatives may personally proceedings, and from time to time
appear as counsel before any court of publish the same, excepting such parts
justice or before the Electoral Tribunals, as may, in its judgment, affect national
or quasi-judicial and other administrative security; and the yeas and nays on any
bodies. Neither shall he, directly or question shall, at the request of one-fifth
indirectly, be interested financially in any of the Members present, be entered in
contract with, or in any franchise or the Journal. Each House shall also keep
special privilege granted by the a Record of its proceedings.
Government, or any subdivision, agency,
or instrumentality thereof, including any (5) Neither House during the sessions of
government-owned or controlled the Congress shall, without the consent
corporation, or its subsidiary, during his of the other, adjourn for more than three
term of office. He shall not intervene in days, nor to any other place than that in
any matter before any office of the which the two Houses shall be sitting.
Government for his pecuniary benefit or
where he may be called upon to act on Section 17. The Senate and the House of
account of his office. Representatives shall each have an
Electoral Tribunal which shall be the sole
Section 15. The Congress shall convene judge of all contests relating to the
once every year on the fourth Monday of election, returns, and qualifications of
July for its regular session, unless a their respective Members. Each Electoral
different date is fixed by law, and shall Tribunal shall be composed of nine
continue to be in session for such Members, three of whom shall be
number of days as it may determine until Justices of the Supreme Court to be
thirty days before the opening of its next designated by the Chief Justice, and the
regular session, exclusive of Saturdays, remaining six shall be Members of the
Sundays, and legal holidays. The Senate or the House of Representatives,
President may call a special session at as the case may be, who shall be chosen
any time. on the basis of proportional
representation from the political parties
Section 16. (1). The Senate shall elect its and the parties or organizations
President and the House of registered under the party-list system
Representatives, its Speaker, by a represented therein. The senior Justice
majority vote of all its respective in the Electoral Tribunal shall be its
Members. Each House shall choose such Chairman.
other officers as it may deem necessary.
Section 18. There shall be a Commission
(2) A majority of each House shall on Appointments consisting of the
constitute a quorum to do business, but a President of the Senate, as ex officio
smaller number may adjourn from day to Chairman, twelve Senators, and twelve
day and may compel the attendance of Members of the House of
absent Members in such manner, and Representatives, elected by each House
under such penalties, as such House may on the basis of proportional
provide. representation from the political parties
and parties or organizations registered
(3) Each House may determine the rules under the party-list system represented
of its proceedings, punish its Members therein. The chairman of the Commission
shall not vote, except in case of a tie. The states in writing, the appearance shall be
Commission shall act on all appointments conducted in executive session.
submitted to it within thirty session days
of the Congress from their submission. Section 23. (1) The Congress, by a vote of
The Commission shall rule by a majority two-thirds of both Houses in joint session
vote of all the Members. assembled, voting separately, shall have
the sole power to declare the existence
Section 19. The Electoral Tribunals and of a state of war.
the Commission on Appointments shall
be constituted within thirty days after the (2) In times of war or other national
Senate and the House of Representatives emergency, the Congress may, by law,
shall have been organized with the authorize the President, for a limited
election of the President and the period and subject to such restrictions as
Speaker. The Commission on it may prescribe, to exercise powers
Appointments shall meet only while the necessary and proper to carry out a
Congress is in session, at the call of its declared national policy. Unless sooner
Chairman or a majority of all its Members, withdrawn by resolution of the Congress,
to discharge such powers and functions such powers shall cease upon the next
as are herein conferred upon it. adjournment thereof.

Section 20. The records and books of Section 24. All appropriation, revenue or
accounts of the Congress shall be tariff bills, bills authorizing increase of
preserved and be open to the public in the public debt, bills of local application,
accordance with law, and such books and private bills, shall originate
shall be audited by the Commission on exclusively in the House of
Audit which shall publish annually an Representatives, but the Senate may
itemized list of amounts paid to and propose or concur with amendments.
expenses incurred for each Member.
Section 25. (1) The Congress may not
Section 21. The Senate or the House of increase the appropriations
Representatives or any of its respective recommended by the President for the
committees may conduct inquiries in aid operation of the Government as specified
of legislation in accordance with its duly in the budget. The form, content, and
published rules of procedure. The rights manner of preparation of the budget shall
of persons appearing in, or affected by, be prescribed by law.
such inquiries shall be respected.
(2) No provision or enactment shall be
Section 22. The heads of departments embraced in the general appropriations
may, upon their own initiative, with the bill unless it relates specifically to some
consent of the President, or upon the particular appropriation therein. Any such
request of either House, as the rules of provision or enactment shall be limited in
each House shall provide, appear before its operation to the appropriation to
and be heard by such House on any which it relates.
matter pertaining to their departments.
Written questions shall be submitted to (3) The procedure in approving
the President of the Senate or the appropriations for the Congress shall
Speaker of the House of Representatives strictly follow the procedure for
at least three days before their scheduled approving appropriations for other
appearance. Interpellations shall not be departments and agencies.
limited to written questions, but may
cover matters related thereto. When the (4) A special appropriations bill shall
security of the State or the public specify the purpose for which it is
interest so requires and the President so intended, and shall be supported by funds
actually available as certified by the
National Treasurer, or to be raised by a be presented to the President. If he
corresponding revenue proposal therein. approves the same he shall sign it;
otherwise, he shall veto it and return the
(5) No law shall be passed authorizing same with his objections to the House
any transfer of appropriations; however, where it originated, which shall enter the
the President, the President of the objections at large in its Journal and
Senate, the Speaker of the House of proceed to reconsider it. If, after such
Representatives, the Chief Justice of the reconsideration, two-thirds of all the
Supreme Court, and the heads of Members of such House shall agree to
Constitutional Commissions may, by law, pass the bill, it shall be sent, together
be authorized to augment any item in the with the objections, to the other House by
general appropriations law for their which it shall likewise be reconsidered,
respective offices from savings in other and if approved by two-thirds of all the
items of their respective appropriations. Members of that House, it shall become a
law. In all such cases, the votes of each
(6) Discretionary funds appropriated for House shall be determined by yeas or
particular officials shall be disbursed nays, and the names of the Members
only for public purposes to be supported voting for or against shall be entered in
by appropriate vouchers and subject to its Journal. The President shall
such guidelines as may be prescribed by communicate his veto of any bill to the
law. House where it originated within thirty
days after the date of receipt thereof,
(7) If, by the end of any fiscal year, the otherwise, it shall become a law as if he
Congress shall have failed to pass the had signed it.
general appropriations bill for the
ensuing fiscal year, the general (2) The President shall have the power to
appropriations law for the preceding veto any particular item or items in an
fiscal year shall be deemed re-enacted appropriation, revenue, or tariff bill, but
and shall remain in force and effect until the veto shall not affect the item or items
the general appropriations bill is passed to which he does not object.
by the Congress.
Section 28. (1) The rule of taxation shall
Section 26. (1) Every bill passed by the be uniform and equitable. The Congress
Congress shall embrace only one subject shall evolve a progressive system of
which shall be expressed in the title taxation.
thereof.
(2) The Congress may, by law, authorize
(2) No bill passed by either House shall the President to fix within specified
become a law unless it has passed three limits, and subject to such limitations and
readings on separate days, and printed restrictions as it may impose, tariff rates,
copies thereof in its final form have been import and export quotas, tonnage and
distributed to its Members three days wharfage dues, and other duties or
before its passage, except when the imposts within the framework of the
President certifies to the necessity of its national development program of the
immediate enactment to meet a public Government.
calamity or emergency. Upon the last
reading of a bill, no amendment thereto (3) Charitable institutions, churches and
shall be allowed, and the vote thereon personages or convents appurtenant
shall be taken immediately thereafter, thereto, mosques, non-profit cemeteries,
and the yeas and nays entered in the and all lands, buildings, and
Journal. improvements, actually, directly, and
exclusively used for religious, charitable,
Section 27. (1) Every bill passed by the or educational purposes shall be exempt
Congress shall, before it becomes a law, from taxation.
represented by at least three per centum
(4) No law granting any tax exemption of the registered voters thereof.
shall be passed without the concurrence
of a majority of all the Members of the
Congress. ARTICLE VII – EXECUTIVE DEPARTMENT
Section 1. The executive power shall be
Section 29. (1) No money shall be paid vested in the President of the Philippines.
out of the Treasury except in pursuance
of an appropriation made by law. Section 2. No person may be elected
President unless he is a natural-born
(2) No public money or property shall be citizen of the Philippines, a registered
appropriated, applied, paid, or employed, voter, able to read and write, at least forty
directly or indirectly, for the use, benefit, years of age on the day of the election,
or support of any sect, church, and a resident of the Philippines for at
denomination, sectarian institution, or least ten years immediately preceding
system of religion, or of any priest, such election.
preacher, minister, other religious
teacher, or dignitary as such, except Section 3. There shall be a Vice-President
when such priest, preacher, minister, or who shall have the same qualifications
dignitary is assigned to the armed forces, and term of office and be elected with,
or to any penal institution, or government and in the same manner, as the
orphanage or leprosarium. President. He may be removed from office
in the same manner as the President.
(3) All money collected on any tax levied
for a special purpose shall be treated as The Vice-President may be appointed as a
a special fund and paid out for such Member of the Cabinet. Such appointment
purpose only. If the purpose for which a requires no confirmation.
special fund was created has been
fulfilled or abandoned, the balance, if any, Section 4. The President and the Vice-
shall be transferred to the general funds President shall be elected by direct vote
of the Government. of the people for a term of six years
which shall begin at noon on the thirtieth
Section 30. No law shall be passed day of June next following the day of the
increasing the appellate jurisdiction of election and shall end at noon of the
the Supreme Court as provided in this same date, six years thereafter. The
Constitution without its advice and President shall not be eligible for any re-
concurrence. election. No person who has succeeded
as President and has served as such for
Section 31. No law granting a title of more than four years shall be qualified for
royalty or nobility shall be enacted. election to the same office at any time.

Section 32. The Congress shall, as early No Vice-President shall serve for more
as possible, provide for a system of than two successive terms. Voluntary
initiative and referendum, and the renunciation of the office for any length
exceptions therefrom, whereby the of time shall not be considered as an
people can directly propose and enact interruption in the continuity of the
laws or approve or reject any act or law or service for the full term for which he was
part thereof passed by the Congress or elected.
local legislative body after the
registration of a petition therefor signed Unless otherwise provided by law, the
by at least ten per centum of the total regular election for President and Vice-
number of registered voters, of which President shall be held on the second
every legislative district must be Monday of May.
The returns of every election for President and Vice-President shall be
President and Vice-President, duly determined by law and shall not be
certified by the board of canvassers of decreased during their tenure. No
each province or city, shall be increase in said compensation shall take
transmitted to the Congress, directed to effect until after the expiration of the
the President of the Senate. Upon receipt term of the incumbent during which such
of the certificates of canvass, the increase was approved. They shall not
President of the Senate shall, not later receive during their tenure any other
than thirty days after the day of the emolument from the Government or any
election, open all the certificates in the other source.
presence of the Senate and the House of
Representatives in joint public session, Section 7. The President-elect and the
and the Congress, upon determination of Vice President-elect shall assume office
the authenticity and due execution at the beginning of their terms.
thereof in the manner provided by law,
canvass the votes. If the President-elect fails to qualify, the
Vice President-elect shall act as
The person having the highest number of President until the President-elect shall
votes shall be proclaimed elected, but in have qualified.
case two or more shall have an equal and
highest number of votes, one of them If a President shall not have been chosen,
shall forthwith be chosen by the vote of a the Vice President-elect shall act as
majority of all the Members of both President until a President shall have
Houses of the Congress, voting been chosen and qualified.
separately.
If at the beginning of the term of the
The Congress shall promulgate its rules President, the President-elect shall have
for the canvassing of the certificates. died or shall have become permanently
disabled, the Vice President-elect shall
The Supreme Court, sitting en banc, shall become President.
be the sole judge of all contests relating
to the election, returns, and qualifications Where no President and Vice-President
of the President or Vice-President, and shall have been chosen or shall have
may promulgate its rules for the purpose. qualified, or where both shall have died or
become permanently disabled, the
Section 5. Before they enter on the President of the Senate or, in case of his
execution of their office, the President, inability, the Speaker of the House of
the Vice-President, or the Acting Representatives, shall act as President
President shall take the following oath or until a President or a Vice-President shall
affirmation: have been chosen and qualified.

"I do solemnly swear [or affirm] that I will The Congress shall, by law, provide for
faithfully and conscientiously fulfill my the manner in which one who is to act as
duties as President [or Vice-President or President shall be selected until a
Acting President] of the Philippines, President or a Vice-President shall have
preserve and defend its Constitution, qualified, in case of death, permanent
execute its laws, do justice to every man, disability, or inability of the officials
and consecrate myself to the service of mentioned in the next preceding
the Nation. So help me God." [In case of paragraph.
affirmation, last sentence will be
omitted]. Section 8. In case of death, permanent
disability, removal from office, or
Section 6. The President shall have an resignation of the President, the Vice-
official residence. The salaries of the President shall become the President to
serve the unexpired term. In case of special election postponed. No special
death, permanent disability, removal from election shall be called if the vacancy
office, or resignation of both the occurs within eighteen months before
President and Vice-President, the the date of the next presidential election.
President of the Senate or, in case of his
inability, the Speaker of the House of Section 11. Whenever the President
Representatives, shall then act as transmits to the President of the Senate
President until the President or Vice- and the Speaker of the House of
President shall have been elected and Representatives his written declaration
qualified. that he is unable to discharge the powers
and duties of his office, and until he
The Congress shall, by law, provide who transmits to them a written declaration to
shall serve as President in case of death, the contrary, such powers and duties
permanent disability, or resignation of the shall be discharged by the Vice-President
Acting President. He shall serve until the as Acting President.
President or the Vice-President shall have
been elected and qualified, and be Whenever a majority of all the Members
subject to the same restrictions of of the Cabinet transmit to the President
powers and disqualifications as the of the Senate and to the Speaker of the
Acting President. House of Representatives their written
declaration that the President is unable
Section 9. Whenever there is a vacancy in to discharge the powers and duties of his
the Office of the Vice-President during office, the Vice-President shall
the term for which he was elected, the immediately assume the powers and
President shall nominate a Vice-President duties of the office as Acting President.
from among the Members of the Senate
and the House of Representatives who Thereafter, when the President transmits
shall assume office upon confirmation by to the President of the Senate and to the
a majority vote of all the Members of both Speaker of the House of Representatives
Houses of the Congress, voting his written declaration that no inability
separately. exists, he shall reassume the powers and
duties of his office. Meanwhile, should a
Section 10. The Congress shall, at ten majority of all the Members of the
o'clock in the morning of the third day Cabinet transmit within five days to the
after the vacancy in the offices of the President of the Senate and to the
President and Vice-President occurs, Speaker of the House of Representatives,
convene in accordance with its rules their written declaration that the
without need of a call and within seven President is unable to discharge the
days, enact a law calling for a special powers and duties of his office, the
election to elect a President and a Vice- Congress shall decide the issue. For that
President to be held not earlier than purpose, the Congress shall convene, if it
forty-five days nor later than sixty days is not in session, within forty-eight hours,
from the time of such call. The bill calling in accordance with its rules and without
such special election shall be deemed need of call.
certified under paragraph 2, Section 26,
Article V1 of this Constitution and shall If the Congress, within ten days after
become law upon its approval on third receipt of the last written declaration, or,
reading by the Congress. Appropriations if not in session, within twelve days after
for the special election shall be charged it is required to assemble, determines by
against any current appropriations and a two-thirds vote of both Houses, voting
shall be exempt from the requirements of separately, that the President is unable to
paragraph 4, Section 25, Article V1 of this discharge the powers and duties of his
Constitution. The convening of the office, the Vice-President shall act as
Congress cannot be suspended nor the President; otherwise, the President shall
continue exercising the powers and appointments to executive positions
duties of his office. when continued vacancies therein will
prejudice public service or endanger
Section 12. In case of serious illness of public safety.
the President, the public shall be
informed of the state of his health. The Section 16. The President shall nominate
members of the Cabinet in charge of and, with the consent of the Commission
national security and foreign relations on Appointments, appoint the heads of
and the Chief of Staff of the Armed the executive departments, ambassadors,
Forces of the Philippines, shall not be other public ministers and consuls, or
denied access to the President during officers of the armed forces from the
such illness. rank of colonel or naval captain, and
other officers whose appointments are
Section 13. The President, Vice-President, vested in him in this Constitution. He
the Members of the Cabinet, and their shall also appoint all other officers of the
deputies or assistants shall not, unless Government whose appointments are not
otherwise provided in this Constitution, otherwise provided for by law, and those
hold any other office or employment whom he may be authorized by law to
during their tenure. They shall not, during appoint. The Congress may, by law, vest
said tenure, directly or indirectly, practice the appointment of other officers lower in
any other profession, participate in any rank in the President alone, in the courts,
business, or be financially interested in or in the heads of departments, agencies,
any contract with, or in any franchise, or commissions, or boards.
special privilege granted by the
Government or any subdivision, agency, The President shall have the power to
or instrumentality thereof, including make appointments during the recess of
government-owned or controlled the Congress, whether voluntary or
corporations or their subsidiaries. They compulsory, but such appointments shall
shall strictly avoid conflict of interest in be effective only until disapproved by the
the conduct of their office. Commission on Appointments or until the
next adjournment of the Congress.
The spouse and relatives by
consanguinity or affinity within the fourth Section 17. The President shall have
civil degree of the President shall not, control of all the executive departments,
during his tenure, be appointed as bureaus, and offices. He shall ensure that
Members of the Constitutional the laws be faithfully executed.
Commissions, or the Office of the
Ombudsman, or as Secretaries, Section 18. The President shall be the
Undersecretaries, chairmen or heads of Commander-in-Chief of all armed forces
bureaus or offices, including government- of the Philippines and whenever it
owned or controlled corporations and becomes necessary, he may call out such
their subsidiaries. armed forces to prevent or suppress
lawless violence, invasion or rebellion. In
Section 14. Appointments extended by an case of invasion or rebellion, when the
Acting President shall remain effective, public safety requires it, he may, for a
unless revoked by the elected President, period not exceeding sixty days, suspend
within ninety days from his assumption or the privilege of the writ of habeas corpus
reassumption of office. or place the Philippines or any part
thereof under martial law. Within forty-
Section 15. Two months immediately eight hours from the proclamation of
before the next presidential elections and martial law or the suspension of the
up to the end of his term, a President or privilege of the writ of habeas corpus, the
Acting President shall not make President shall submit a report in person
appointments, except temporary or in writing to the Congress. The
Congress, voting jointly, by a vote of at pardons, and remit fines and forfeitures,
least a majority of all its Members in after conviction by final judgment.
regular or special session, may revoke
such proclamation or suspension, which He shall also have the power to grant
revocation shall not be set aside by the amnesty with the concurrence of a
President. Upon the initiative of the majority of all the Members of the
President, the Congress may, in the same Congress.
manner, extend such proclamation or
suspension for a period to be determined Section 20. The President may contract
by the Congress, if the invasion or or guarantee foreign loans on behalf of
rebellion shall persist and public safety the Republic of the Philippines with the
requires it. prior concurrence of the Monetary Board,
and subject to such limitations as may be
The Congress, if not in session, shall, provided by law. The Monetary Board
within twenty-four hours following such shall, within thirty days from the end of
proclamation or suspension, convene in every quarter of the calendar year, submit
accordance with its rules without need of to the Congress a complete report of its
a call. decision on applications for loans to be
contracted or guaranteed by the
The Supreme Court may review, in an Government or government-owned and
appropriate proceeding filed by any controlled corporations which would have
citizen, the sufficiency of the factual the effect of increasing the foreign debt,
basis of the proclamation of martial law and containing other matters as may be
or the suspension of the privilege of the provided by law.
writ of habeas corpus or the extension
thereof, and must promulgate its decision Section 21. No treaty or international
thereon within thirty days from its filing. agreement shall be valid and effective
unless concurred in by at least two-thirds
A state of martial law does not suspend of all the Members of the Senate.
the operation of the Constitution, nor
supplant the functioning of the civil Section 22. The President shall submit to
courts or legislative assemblies, nor the Congress, within thirty days from the
authorize the conferment of jurisdiction opening of every regular session as the
on military courts and agencies over basis of the general appropriations bill, a
civilians where civil courts are able to budget of expenditures and sources of
function, nor automatically suspend the financing, including receipts from
privilege of the writ of habeas corpus. existing and proposed revenue measures.

The suspension of the privilege of the Section 23. The President shall address
writ of habeas corpus shall apply only to the Congress at the opening of its regular
persons judicially charged for rebellion or session. He may also appear before it at
offenses inherent in, or directly any other time.
connected with, invasion.

During the suspension of the privilege of ARTICLE VIII – JUDICIAL DEPARTMENT


the writ of habeas corpus, any person Section 1. The judicial power shall be
thus arrested or detained shall be vested in one Supreme Court and in such
judicially charged within three days, lower courts as may be established by
otherwise he shall be released. law.

Section 19. Except in cases of Judicial power includes the duty of the
impeachment, or as otherwise provided courts of justice to settle actual
in this Constitution, the President may controversies involving rights which are
grant reprieves, commutations, and legally demandable and enforceable, and
to determine whether or not there has and voted thereon, and in no case
been a grave abuse of discretion without the concurrence of at least three
amounting to lack or excess of of such Members. When the required
jurisdiction on the part of any branch or number is not obtained, the case shall be
instrumentality of the Government. decided en banc: Provided, that no
doctrine or principle of law laid down by
Section 2. The Congress shall have the the court in a decision rendered en banc
power to define, prescribe, and apportion or in division may be modified or reversed
the jurisdiction of the various courts but except by the court sitting en banc.
may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5. The Supreme Court shall have
Section 5 hereof. the following powers:

No law shall be passed reorganizing the (1) Exercise original jurisdiction over
Judiciary when it undermines the cases affecting ambassadors, other
security of tenure of its Members. public ministers and consuls, and over
petitions for certiorari, prohibition,
Section 3. The Judiciary shall enjoy fiscal mandamus, quo warranto, and habeas
autonomy. Appropriations for the corpus.
Judiciary may not be reduced by the
legislature below the amount (2) Review, revise, reverse, modify, or
appropriated for the previous year and, affirm on appeal or certiorari, as the law
after approval, shall be automatically and or the Rules of Court may provide, final
regularly released. judgments and orders of lower courts in:

Section 4. (1) The Supreme Court shall be (a) All cases in which the
composed of a Chief Justice and constitutionality or validity of any treaty,
fourteen Associate Justices. It may sit en international or executive agreement,
banc or in its discretion, in division of law, presidential decree, proclamation,
three, five, or seven Members. Any order, instruction, ordinance, or
vacancy shall be filled within ninety days regulation is in question.
from the occurrence thereof. (b) All cases involving the legality of any
tax, impost, assessment, or toll, or any
(2) All cases involving the penalty imposed in relation thereto.
constitutionality of a treaty, international (c) All cases in which the jurisdiction of
or executive agreement, or law, which any lower court is in issue.
shall be heard by the Supreme Court en (d) All criminal cases in which the
banc, and all other cases which under the penalty imposed is reclusion perpetua or
Rules of Court are required to be heard higher.
en banc, including those involving the (e) All cases in which only an error or
constitutionality, application, or question of law is involved.
operation of presidential decrees,
proclamations, orders, instructions, (3) Assign temporarily judges of lower
ordinances, and other regulations, shall courts to other stations as public interest
be decided with the concurrence of a may require. Such temporary assignment
majority of the Members who actually shall not exceed six months without the
took part in the deliberations on the consent of the judge concerned.
issues in the case and voted thereon.
(4) Order a change of venue or place of
(3) Cases or matters heard by a division trial to avoid a miscarriage of justice.
shall be decided or resolved with the
concurrence of a majority of the (5) Promulgate rules concerning the
Members who actually took part in the protection and enforcement of
deliberations on the issues in the case constitutional rights, pleading, practice,
and procedure in all courts, the (2) The regular members of the Council
admission to the practice of law, the shall be appointed by the President for a
integrated bar, and legal assistance to term of four years with the consent of the
the under-privileged. Such rules shall Commission on Appointments. Of the
provide a simplified and inexpensive Members first appointed, the
procedure for the speedy disposition of representative of the Integrated Bar shall
cases, shall be uniform for all courts of serve for four years, the professor of law
the same grade, and shall not diminish, for three years, the retired Justice for two
increase, or modify substantive rights. years, and the representative of the
Rules of procedure of special courts and private sector for one year.
quasi-judicial bodies shall remain
effective unless disapproved by the (3) The Clerk of the Supreme Court shall
Supreme Court. be the Secretary ex officio of the Council
and shall keep a record of its
(6) Appoint all officials and employees of proceedings.
the Judiciary in accordance with the Civil
Service Law. (4) The regular Members of the Council
shall receive such emoluments as may be
Section 6. The Supreme Court shall have determined by the Supreme Court. The
administrative supervision over all courts Supreme Court shall provide in its annual
and the personnel thereof. budget the appropriations for the Council.

Section 7. (1) No person shall be (5) The Council shall have the principal
appointed Member of the Supreme Court function of recommending appointees to
or any lower collegiate court unless he is the Judiciary. It may exercise such other
a natural-born citizen of the Philippines. A functions and duties as the Supreme
Member of the Supreme Court must be at Court may assign to it.
least forty years of age, and must have
been for fifteen years or more, a judge of Section 9. The Members of the Supreme
a lower court or engaged in the practice Court and judges of the lower courts shall
of law in the Philippines. be appointed by the President from a list
of at least three nominees prepared by
(2) The Congress shall prescribe the the Judicial and Bar Council for every
qualifications of judges of lower courts, vacancy. Such appointments need no
but no person may be appointed judge confirmation.
thereof unless he is a citizen of the
Philippines and a member of the For the lower courts, the President shall
Philippine Bar. issue the appointments within ninety
days from the submission of the list.
(3) A Member of the Judiciary must be a
person of proven competence, integrity, Section 10. The salary of the Chief
probity, and independence. Justice and of the Associate Justices of
the Supreme Court, and of judges of
Section 8. (1) A Judicial and Bar Council lower courts, shall be fixed by law. During
is hereby created under the supervision their continuance in office, their salary
of the Supreme Court composed of the shall not be decreased.
Chief Justice as ex officio Chairman, the
Secretary of Justice, and a Section 11. The Members of the Supreme
representative of the Congress as ex Court and judges of lower courts shall
officio Members, a representative of the hold office during good behavior until
Integrated Bar, a professor of law, a they reach the age of seventy years or
retired Member of the Supreme Court, become incapacitated to discharge the
and a representative of the private sector. duties of their office. The Supreme Court
en banc shall have the power to
discipline judges of lower courts, or order (3) Upon the expiration of the
their dismissal by a vote of a majority of corresponding period, a certification to
the Members who actually took part in this effect signed by the Chief Justice or
the deliberations on the issues in the the presiding judge shall forthwith be
case and voted thereon. issued and a copy thereof attached to the
record of the case or matter, and served
Section 12. The Members of the Supreme upon the parties. The certification shall
Court and of other courts established by state why a decision or resolution has not
law shall not be designated to any agency been rendered or issued within said
performing quasi-judicial or period.
administrative functions.
(4) Despite the expiration of the
Section 13. The conclusions of the applicable mandatory period, the court,
Supreme Court in any case submitted to without prejudice to such responsibility
it for decision en banc or in division shall as may have been incurred in
be reached in consultation before the consequence thereof, shall decide or
case is assigned to a Member for the resolve the case or matter submitted
writing of the opinion of the Court. A thereto for determination, without further
certification to this effect signed by the delay.
Chief Justice shall be issued and a copy
thereof attached to the record of the Section 16. The Supreme Court shall,
case and served upon the parties. Any within thirty days from the opening of
Members who took no part, or dissented, each regular session of the Congress,
or abstained from a decision or submit to the President and the Congress
resolution, must state the reason an annual report on the operations and
therefor. The same requirements shall be activities of the Judiciary.
observed by all lower collegiate courts.

Section 14. No decision shall be rendered ARTICLE IX – CONSTITUTIONAL


by any court without expressing therein COMMISSIONS
clearly and distinctly the facts and the A. COMMON PROVISIONS
law on which it is based. Section 1. The Constitutional
Commissions, which shall be
No petition for review or motion for independent, are the Civil Service
reconsideration of a decision of the court Commission, the Commission on
shall be refused due course or denied Elections, and the Commission on Audit.
without stating the legal basis therefor.
Section 2. No member of a Constitutional
Section 15. (1) All cases or matters filed Commission shall, during his tenure, hold
after the effectivity of this Constitution any other office or employment. Neither
must be decided or resolved within shall he engage in the practice of any
twenty-four months from date of profession or in the active management
submission for the Supreme Court, and, or control of any business which, in any
unless reduced by the Supreme Court, way, may be affected by the functions of
twelve months for all lower collegiate his office, nor shall he be financially
courts, and three months for all other interested, directly or indirectly, in any
lower courts. contract with, or in any franchise or
privilege granted by the Government, any
(2) A case or matter shall be deemed of its subdivisions, agencies, or
submitted for decision or resolution upon instrumentalities, including government-
the filing of the last pleading, brief, or owned or controlled corporations or their
memorandum required by the Rules of subsidiaries.
Court or by the court itself.
Section. 3. The salary of the Chairman immediately preceding their
and the Commissioners shall be fixed by appointment.
law and shall not be decreased during
their tenure. (2) The Chairman and the Commissioners
shall be appointed by the President with
Section 4. The Constitutional the consent of the Commission on
Commissions shall appoint their officials Appointments for a term of seven years
and employees in accordance with law. without reappointment. Of those first
appointed, the Chairman shall hold office
Section 5. The Commission shall enjoy for seven years, a Commissioner for five
fiscal autonomy. Their approved annual years, and another Commissioner for
appropriations shall be automatically and three years, without reappointment.
regularly released. Appointment to any vacancy shall be only
for the unexpired term of the
Section 6. Each Commission en banc may predecessor. In no case shall any Member
promulgate its own rules concerning be appointed or designated in a
pleadings and practice before it or before temporary or acting capacity.
any of its offices. Such rules, however,
shall not diminish, increase, or modify Section 2. (1) The civil service embraces
substantive rights. all branches, subdivisions,
instrumentalities, and agencies of the
Section 7. Each Commission shall decide Government, including government-
by a majority vote of all its Members, any owned or controlled corporations with
case or matter brought before it within original charters.
sixty days from the date of its submission
for decision or resolution. A case or (2) Appointments in the civil service shall
matter is deemed submitted for decision be made only according to merit and
or resolution upon the filing of the last fitness to be determined, as far as
pleading, brief, or memorandum required practicable, and, except to positions
by the rules of the Commission or by the which are policy-determining, primarily
Commission itself. Unless otherwise confidential, or highly technical, by
provided by this Constitution or by law, competitive examination.
any decision, order, or ruling of each
Commission may be brought to the (3) No officer or employee of the civil
Supreme Court on certiorari by the service shall be removed or suspended
aggrieved party within thirty days from except for cause provided by law.
receipt of a copy thereof.
(4) No officer or employee in the civil
Section 8. Each Commission shall service shall engage, directly or
perform such other functions as may be indirectly, in any electioneering or
provided by law. partisan political campaign.

ARTICLE IX – B. THE CIVIL SERVICE (5) The right to self-organization shall not
COMMISSION be denied to government employees.
Section 1. (1) The civil service shall be
administered by the Civil Service (6) Temporary employees of the
Commission composed of a Chairman Government shall be given such
and two Commissioners who shall be protection as may be provided by law.
natural-born citizens of the Philippines
and, at the time of their appointment, at Section 3. The Civil Service Commission,
least thirty-five years of age, with proven as the central personnel agency of the
capacity for public administration, and Government, shall establish a career
must not have been candidates for any service and adopt measures to promote
elective position in the elections morale, efficiency, integrity,
responsiveness, progressiveness, and emolument, office, or title of any kind
courtesy in the civil service. It shall from any foreign government.
strengthen the merit and rewards system,
integrate all human resources Pensions or gratuities shall not be
development programs for all levels and considered as additional, double, or
ranks, and institutionalize a management indirect compensation.
climate conducive to public
accountability. It shall submit to the ARTICLE IX – C. THE COMMISSION ON
President and the Congress an annual ELECTIONS
report on its personnel programs. Section 1. (1) There shall be a
Commission on Elections composed of a
Section 4. All public officers and Chairman and six Commissioners who
employees shall take an oath or shall be natural-born citizens of the
affirmation to uphold and defend this Philippines and, at the time of their
Constitution. appointment, at least thirty-five years of
age, holders of a college degree, and
Section 5. The Congress shall provide for must not have been candidates for any
the standardization of compensation of elective positions in the immediately
government officials and employees, preceding elections. However, a majority
including those in government-owned or thereof, including the Chairman, shall be
controlled corporations with original members of the Philippine Bar who have
charters, taking into account the nature been engaged in the practice of law for at
of the responsibilities pertaining to, and least ten years.
the qualifications required for, their
positions. (2) The Chairman and the Commissioners
shall be appointed by the President with
Section 6. No candidate who has lost in the consent of the Commission on
any election shall, within one year after Appointments for a term of seven years
such election, be appointed to any office without reappointment. Of those first
in the Government or any Government- appointed, three Members shall hold
owned or controlled corporations or in office for seven years, two Members for
any of their subsidiaries. five years, and the last Members for three
years, without reappointment.
Section 7. No elective official shall be Appointment to any vacancy shall be only
eligible for appointment or designation in for the unexpired term of the
any capacity to any public office or predecessor. In no case shall any Member
position during his tenure. be appointed or designated in a
temporary or acting capacity.
Unless otherwise allowed by law or by
the primary functions of his position, no Sec. 2. The Commission on Elections
appointive official shall hold any other shall exercise the following powers and
office or employment in the Government functions:
or any subdivision, agency or
instrumentality thereof, including (1) Enforce and administer all laws and
Government-owned or controlled regulations relative to the conduct of an
corporations or their subsidiaries. election, plebiscite, initiative,
referendum, and recall.
Section 8. No elective or appointive
public officer or employee shall receive (2) Exercise exclusive original jurisdiction
additional, double, or indirect over all contests relating to the elections,
compensation, unless specifically returns, and qualifications of all elective
authorized by law, nor accept without the regional, provincial, and city officials, and
consent of the Congress, any present, appellate jurisdiction over all contests
involving elective municipal officials
decided by trial courts of general inclusion or exclusion of voters;
jurisdiction, or involving elective investigate and, where appropriate,
barangay officials decided by trial courts prosecute cases of violations of election
of limited jurisdiction. laws, including acts or omissions
constituting election frauds, offenses,
Decisions, final orders, or rulings of the and malpractices.
Commission on election contests
involving elective municipal and barangay (7) Recommend to the Congress effective
offices shall be final, executory, and not measures to minimize election spending,
appealable. including limitation of places where
propaganda materials shall be posted,
(3) Decide, except those involving the and to prevent and penalize all forms of
right to vote, all questions affecting election frauds, offenses, malpractices,
elections, including determination of the and nuisance candidacies.
number and location of polling places,
appointment of election officials and (8) Recommend to the President the
inspectors, and registration of voters. removal of any officer or employee it has
deputized, or the imposition of any other
(4) Deputize, with the concurrence of the disciplinary action, for violation or
President, law enforcement agencies and disregard of, or disobedience to, its
instrumentalities of the Government, directive, order, or decision.
including the Armed Forces of the
Philippines, for the exclusive purpose of (9) Submit to the President and the
ensuring free, orderly, honest, peaceful, Congress, a comprehensive report on the
and credible elections. conduct of each election, plebiscite,
initiative, referendum, or recall.
(5) Register, after sufficient publication,
political parties, organizations, or Section 3. The Commission on Elections
coalitions which, in addition to other may sit en banc or in two divisions, and
requirements, must present their shall promulgate its rules of procedure in
platform or program of government; and order to expedite disposition of election
accredit citizens' arms of the cases, including pre- proclamation
Commission on Elections. Religious controversies. All such election cases
denominations and sects shall not be shall be heard and decided in division,
registered. Those which seek to achieve provided that motions for reconsideration
their goals through violence or unlawful of decisions shall be decided by the
means, or refuse to uphold and adhere to Commission en banc.
this Constitution, or which are supported
by any foreign government shall likewise Section 4. The Commission may, during
be refused registration. the election period, supervise or regulate
the enjoyment or utilization of all
Financial contributions from foreign franchises or permits for the operation of
governments and their agencies to transportation and other public utilities,
political parties, organizations, coalitions, media of communication or information,
or candidates related to elections, all grants, special privileges, or
constitute interference in national affairs, concessions granted by the Government
and, when accepted, shall be an or any subdivision, agency, or
additional ground for the cancellation of instrumentality thereof, including any
their registration with the Commission, in government-owned or controlled
addition to other penalties that may be corporation or its subsidiary. Such
prescribed by law. supervision or regulation shall aim to
ensure equal opportunity, and equal rates
(6) File, upon a verified complaint, or on therefor, for public information
its own initiative, petitions in court for campaigns and forums among candidates
in connection with the objective of Section 1. (1) There shall be a
holding free, orderly, honest, peaceful, Commission on Audit composed of a
and credible elections. Chairman and two Commissioners, who
shall be natural-born citizens of the
Section 5. No pardon, amnesty, parole, or Philippines and, at the time of their
suspension of sentence for violation of appointment, at least thirty-five years of
election laws, rules, and regulations shall age, Certified Public Accountants with
be granted by the President without the not less than ten years of auditing
favorable recommendation of the experience, or members of the Philippine
Commission. Bar who have been engaged in the
practice of law for at least ten years, and
Section 6. A free and open party system must not have been candidates for any
shall be allowed to evolve according to elective position in the elections
the free choice of the people, subject to immediately preceding their
the provisions of this Article. appointment. At no time shall all
Members of the Commission belong to
Section 7. No votes cast in favor of a the same profession.
political party, organization, or coalition
shall be valid, except for those registered (2) The Chairman and the Commissioners
under the party-list system as provided in shall be appointed by the President with
this Constitution. the consent of the Commission on
Appointments for a term of seven years
Section 8. Political parties, or without reappointment. Of those first
organizations or coalitions registered appointed, the Chairman shall hold office
under the party-list system, shall not be for seven years, one Commissioner for
represented in the voters' registration five years, and the other Commissioner
boards, boards of election inspectors, for three years, without reappointment.
boards of canvassers, or other similar Appointment to any vacancy shall be only
bodies. However, they shall be entitled to for the unexpired portion of the term of
appoint poll watchers in accordance with the predecessor. In no case shall any
law. Member be appointed or designated in a
temporary or acting capacity.
Section 9. Unless otherwise fixed by the
Commission in special cases, the Section 2. (1) The Commission on Audit
election period shall commence ninety shall have the power, authority, and duty
days before the day of election and shall to examine, audit, and settle all accounts
end thirty days thereafter. pertaining to the revenue and receipts of,
and expenditures or uses of funds and
Section 10. Bona fide candidates for any property, owned or held in trust by, or
public office shall be free from any form pertaining to, the Government, or any of
of harassment and discrimination. its subdivisions, agencies, or
instrumentalities, including government-
Section 11. Funds certified by the owned or controlled corporations with
Commission as necessary to defray the original charters, and on a post- audit
expenses for holding regular and special basis: (a) constitutional bodies,
elections, plebiscites, initiatives, commissions and offices that have been
referenda, and recalls, shall be provided granted fiscal autonomy under this
in the regular or special appropriations Constitution; (b) autonomous state
and, once approved, shall be released colleges and universities; (c) other
automatically upon certification by the government-owned or controlled
Chairman of the Commission. corporations and their subsidiaries; and
(d) such non-governmental entities
ARTICLE IX – D. THE COMMISSION ON receiving subsidy or equity, directly or
AUDIT indirectly, from or through the
Government, which are required by law or Philippines are the provinces, cities,
the granting institution to submit to such municipalities, and barangays. There shall
audit as a condition of subsidy or equity. be autonomous regions in Muslim
However, where the internal control Mindanao and the Cordilleras as
system of the audited agencies is hereinafter provided.
inadequate, the Commission may adopt
such measures, including temporary or Section 2. The territorial and political
special pre-audit, as are necessary and subdivisions shall enjoy local autonomy.
appropriate to correct the deficiencies. It
shall keep the general accounts of the Section 3. The Congress shall enact a
Government and, for such period as may local government code which shall
be provided by law, preserve the vouchers provide for a more responsive and
and other supporting papers pertaining accountable local government structure
thereto. instituted through a system of
decentralization with effective
(2) The Commission shall have exclusive mechanisms of recall, initiative, and
authority, subject to the limitations in this referendum, allocate among the different
Article, to define the scope of its audit local government units their powers,
and examination, establish the responsibilities, and resources, and
techniques and methods required provide for the qualifications, election,
therefor, and promulgate accounting and appointment and removal, term, salaries,
auditing rules and regulations, including powers and functions and duties of local
those for the prevention and officials, and all other matters relating to
disallowance of irregular, unnecessary, the organization and operation of the
excessive, extravagant, or local units.
unconscionable expenditures or uses of
government funds and properties. Section 4. The President of the
Philippines shall exercise general
Section 3. No law shall be passed supervision over local governments.
exempting any entity of the Government Provinces with respect to component
or its subsidiaries in any guise whatever, cities and municipalities, and cities and
or any investment of public funds, from municipalities with respect to component
the jurisdiction of the Commission on barangays, shall ensure that the acts of
Audit. their component units are within the
scope of their prescribed powers and
Section 4. The Commission shall submit functions.
to the President and the Congress, within
the time fixed by law, an annual report Section 5. Each local government unit
covering the financial condition and shall have the power to create its own
operation of the Government, its sources of revenues and to levy taxes,
subdivisions, agencies, and fees and charges subject to such
instrumentalities, including government- guidelines and limitations as the
owned or controlled corporations, and Congress may provide, consistent with
non-governmental entities subject to its the basic policy of local autonomy. Such
audit, and recommend measures taxes, fees, and charges shall accrue
necessary to improve their effectiveness exclusively to the local governments.
and efficiency. It shall submit such other
reports as may be required by law. Section 6. Local government units shall
have a just share, as determined by law,
in the national taxes which shall be
ARTICLE X – LOCAL GOVERNMENT automatically released to them.
GENERAL PROVISIONS
Section 1. The territorial and political Section 7. Local governments shall be
subdivisions of the Republic of the entitled to an equitable share in the
proceeds of the utilization and deprived of their right to vote for elective
development of the national wealth provincial officials.
within their respective areas, in the
manner provided by law, including sharing Section 13. Local government units may
the same with the inhabitants by way of group themselves, consolidate or
direct benefits. coordinate their efforts, services, and
resources for purposes commonly
Section 8. The term of office of elective beneficial to them in accordance with
local officials, except barangay officials, law.
which shall be determined by law, shall
be three years and no such official shall Section 14. The President shall provide
serve for more than three consecutive for regional development councils or
terms. Voluntary renunciation of the other similar bodies composed of local
office for any length of time shall not be government officials, regional heads of
considered as an interruption in the departments and other government
continuity of his service for the full term offices, and representatives from non-
for which he was elected. governmental organizations within the
regions for purposes of administrative
Section 9. Legislative bodies of local decentralization to strengthen the
governments shall have sectoral autonomy of the units therein and to
representation as may be prescribed by accelerate the economic and social
law. growth and development of the units in
the region.
Section 10. No province, city,
municipality, or barangay may be created, ARTICLE X – AUTONOMOUS REGIONS
divided, merged, abolished, or its Section 15. There shall be created
boundary substantially altered, except in autonomous regions in Muslim Mindanao
accordance with the criteria established and in the Cordilleras consisting of
in the local government code and subject provinces, cities, municipalities, and
to approval by a majority of the votes cast geographical areas sharing common and
in a plebiscite in the political units distinctive historical and cultural
directly affected. heritage, economic and social structures,
and other relevant characteristics within
Section 11. The Congress may, by law, the framework of this Constitution and
create special metropolitan political the national sovereignty as well as
subdivisions, subject to a plebiscite as territorial integrity of the Republic of the
set forth in Section 10 hereof. The Philippines.
component cities and municipalities shall
retain their basic autonomy and shall be Section 16. The President shall exercise
entitled to their own local executive and general supervision over autonomous
legislative assemblies. The jurisdiction of regions to ensure that laws are faithfully
the metropolitan authority that will executed.
thereby be created shall be limited to
basic services requiring coordination. Section 17. All powers, functions, and
responsibilities not granted by this
Section 12. Cities that are highly Constitution or by law to the autonomous
urbanized, as determined by law, and regions shall be vested in the National
component cities whose charters prohibit Government.
their voters from voting for provincial
elective officials, shall be independent of Section 18. The Congress shall enact an
the province. The voters of component organic act for each autonomous region
cities within a province, whose charters with the assistance and participation of
contain no such prohibition, shall not be the regional consultative commission
composed of representatives appointed
by the President from a list of nominees Section 21. The preservation of peace
from multi-sectoral bodies. The organic and order within the regions shall be the
act shall define the basic structure of responsibility of the local police agencies
government for the region consisting of which shall be organized, maintained,
the executive department and legislative supervised, and utilized in accordance
assembly, both of which shall be elective with applicable laws. The defense and
and representative of the constituent security of the regions shall be the
political units. The organic acts shall responsibility of the National
likewise provide for special courts with Government.
personal, family, and property law
jurisdiction consistent with the
provisions of this Constitution and ARTICLE XI – ACCOUNTABILITY OF
national laws. PUBLIC OFFICERS
Section 1. Public office is a public trust.
The creation of the autonomous region Public officers and employees must, at all
shall be effective when approved by times, be accountable to the people,
majority of the votes cast by the serve them with utmost responsibility,
constituent units in a plebiscite called for integrity, loyalty, and efficiency; act with
the purpose, provided that only patriotism and justice, and lead modest
provinces, cities, and geographic areas lives.
voting favorably in such plebiscite shall
be included in the autonomous region. Section 2. The President, the Vice-
President, the Members of the Supreme
Section 19. The first Congress elected Court, the Members of the Constitutional
under this Constitution shall, within Commissions, and the Ombudsman may
eighteen months from the time of be removed from office on impeachment
organization of both Houses, pass the for, and conviction of, culpable violation
organic acts for the autonomous regions of the Constitution, treason, bribery, graft
in Muslim Mindanao and the Cordilleras. and corruption, other high crimes, or
betrayal of public trust. All other public
Section 20. Within its territorial officers and employees may be removed
jurisdiction and subject to the provisions from office as provided by law, but not by
of this Constitution and national laws, the impeachment.
organic act of autonomous regions shall
provide for legislative powers over: Section 3. (1) The House of
Representatives shall have the exclusive
(1) Administrative organization; power to initiate all cases of
(2) Creation of sources of revenues; impeachment.
(3) Ancestral domain and natural
resources; (2) A verified complaint for impeachment
(4) Personal, family, and property may be filed by any Member of the House
relations; of Representatives or by any citizen upon
(5) Regional urban and rural planning a resolution or endorsement by any
development; Member thereof, which shall be included
(6) Economic, social, and tourism in the Order of Business within ten
development; session days, and referred to the proper
(7) Educational policies; Committee within three session days
(8) Preservation and development of the thereafter. The Committee, after hearing,
cultural heritage; and and by a majority vote of all its Members,
(9) Such other matters as may be shall submit its report to the House
authorized by law for the promotion of the within sixty session days from such
general welfare of the people of the referral, together with the corresponding
region. resolution. The resolution shall be
calendared for consideration by the
House within ten session days from Section 5. There is hereby created the
receipt thereof. independent Office of the Ombudsman,
composed of the Ombudsman to be
(3) A vote of at least one-third of all the known as Tanodbayan, one overall Deputy
Members of the House shall be necessary and at least one Deputy each for Luzon,
either to affirm a favorable resolution Visayas, and Mindanao. A separate
with the Articles of Impeachment of the Deputy for the military establishment
Committee, or override its contrary may likewise be appointed.
resolution. The vote of each Member shall
be recorded. Section 6. The officials and employees of
the Office of the Ombudsman, other than
(4) In case the verified complaint or the Deputies, shall be appointed by the
resolution of impeachment is filed by at Ombudsman, according to the Civil
least one-third of all the Members of the Service Law.
House, the same shall constitute the
Articles of Impeachment, and trial by the Section 7. The existing Tanodbayan shall
Senate shall forthwith proceed. hereafter be known as the Office of the
Special Prosecutor. It shall continue to
(5) No impeachment proceedings shall be function and exercise its powers as now
initiated against the same official more or hereafter may be provided by law,
than once within a period of one year. except those conferred on the Office of
the Ombudsman created under this
(6) The Senate shall have the sole power Constitution.
to try and decide all cases of
impeachment. When sitting for that Section 8. The Ombudsman and his
purpose, the Senators shall be on oath or Deputies shall be natural-born citizens of
affirmation. When the President of the the Philippines, and at the time of their
Philippines is on trial, the Chief Justice of appointment, at least forty years old, of
the Supreme Court shall preside, but recognized probity and independence,
shall not vote. No person shall be and members of the Philippine Bar, and
convicted without the concurrence of must not have been candidates for any
two-thirds of all the Members of the elective office in the immediately
Senate. preceding election. The Ombudsman
must have, for ten years or more, been a
(7) Judgment in cases of impeachment judge or engaged in the practice of law in
shall not extend further than removal the Philippines.
from office and disqualification to hold
any office under the Republic of the During their tenure, they shall be subject
Philippines, but the party convicted shall to the same disqualifications and
nevertheless be liable and subject to prohibitions as provided for in Section 2
prosecution, trial, and punishment, of Article 1X-A of this Constitution.
according to law.
Section 9. The Ombudsman and his
(8) The Congress shall promulgate its Deputies shall be appointed by the
rules on impeachment to effectively carry President from a list of at least six
out the purpose of this section. nominees prepared by the Judicial and
Bar Council, and from a list of three
Section 4. The present anti-graft court nominees for every vacancy thereafter.
known as the Sandiganbayan shall Such appointments shall require no
continue to function and exercise its confirmation. All vacancies shall be filled
jurisdiction as now or hereafter may be within three months after they occur.
provided by law.
Section 10. The Ombudsman and his
Deputies shall have the rank of Chairman
and Members, respectively, of the (4) Direct the officer concerned, in any
Constitutional Commissions, and they appropriate case, and subject to such
shall receive the same salary which shall limitations as may be provided by law, to
not be decreased during their term of furnish it with copies of documents
office. relating to contracts or transactions
entered into by his office involving the
Section 11. The Ombudsman and his disbursement or use of public funds or
Deputies shall serve for a term of seven properties, and report any irregularity to
years without reappointment. They shall the Commission on Audit for appropriate
not be qualified to run for any office in action.
the election immediately succeeding
their cessation from office. (5) Request any government agency for
assistance and information necessary in
Section 12. The Ombudsman and his the discharge of its responsibilities, and
Deputies, as protectors of the people, to examine, if necessary, pertinent
shall act promptly on complaints filed in records and documents.
any form or manner against public
officials or employees of the Government, (6) Publicize matters covered by its
or any subdivision, agency or investigation when circumstances so
instrumentality thereof, including warrant and with due prudence.
government-owned or controlled
corporations, and shall, in appropriate (7) Determine the causes of inefficiency,
cases, notify the complainants of the red tape, mismanagement, fraud, and
action taken and the result thereof. corruption in the Government and make
recommendations for their elimination
Section 13. The Office of the Ombudsman and the observance of high standards of
shall have the following powers, ethics and efficiency.
functions, and duties:
(8) Promulgate its rules of procedure and
(1) Investigate on its own, or on exercise such other powers or perform
complaint by any person, any act or such functions or duties as may be
omission of any public official, employee, provided by law.
office or agency, when such act or
omission appears to be illegal, unjust, Section 14. The Office of the Ombudsman
improper, or inefficient. shall enjoy fiscal autonomy. Its approved
annual appropriations shall be
(2) Direct, upon complaint or at its own automatically and regularly released.
instance, any public official or employee
of the Government, or any subdivision, Section 15. The right of the State to
agency or instrumentality thereof, as well recover properties unlawfully acquired by
as of any government-owned or controlled public officials or employees, from them
corporation with original charter, to or from their nominees or transferees,
perform and expedite any act or duty shall not be barred by prescription,
required by law, or to stop, prevent, and laches, or estoppel.
correct any abuse or impropriety in the
performance of duties. Section 16. No loan, guaranty, or other
form of financial accommodation for any
(3) Direct the officer concerned to take business purpose may be granted,
appropriate action against a public directly or indirectly, by any government-
official or employee at fault, and owned or controlled bank or financial
recommend his removal, suspension, institution to the President, the Vice-
demotion, fine, censure, or prosecution, President, the Members of the Cabinet,
and ensure compliance therewith. the Congress, the Supreme Court, and the
Constitutional Commissions, the
Ombudsman, or to any firm or entity in enterprises, including corporations,
which they have controlling interest, cooperatives, and similar collective
during their tenure. organizations, shall be encouraged to
broaden the base of their ownership.
Section 17. A public officer or employee
shall, upon assumption of office and as Section 2. All lands of the public domain,
often thereafter as may be required by waters, minerals, coal, petroleum, and
law, submit a declaration under oath of other mineral oils, all forces of potential
his assets, liabilities, and net worth. In energy, fisheries, forests or timber,
the case of the President, the Vice- wildlife, flora and fauna, and other natural
President, the Members of the Cabinet, resources are owned by the State. With
the Congress, the Supreme Court, the the exception of agricultural lands, all
Constitutional Commissions and other other natural resources shall not be
constitutional offices, and officers of the alienated. The exploration, development,
armed forces with general or flag rank, and utilization of natural resources shall
the declaration shall be disclosed to the be under the full control and supervision
public in the manner provided by law. of the State. The State may directly
undertake such activities, or it may enter
Section 18. Public officers and employees into co-production, joint venture, or
owe the State and this Constitution production-sharing agreements with
allegiance at all times and any public Filipino citizens, or corporations or
officer or employee who seeks to change associations at least sixty per centum of
his citizenship or acquire the status of an whose capital is owned by such citizens.
immigrant of another country during his Such agreements may be for a period not
tenure shall be dealt with by law. exceeding twenty-five years, renewable
for not more than twenty-five years, and
under such terms and conditions as may
ARTICLE XII – NATIONAL ECONOMY AND be provided by law. In cases of water
PATRIMONY rights for irrigation, water supply
Section 1. The goals of the national fisheries, or industrial uses other than
economy are a more equitable the development of water power,
distribution of opportunities, income, and beneficial use may be the measure and
wealth; a sustained increase in the limit of the grant.
amount of goods and services produced
by the nation for the benefit of the The State shall protect the nation's
people; and an expanding productivity as marine wealth in its archipelagic waters,
the key to raising the quality of life for all, territorial sea, and exclusive economic
especially the under-privileged. zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The State shall promote industrialization
and full employment based on sound The Congress may, by law, allow small-
agricultural development and agrarian scale utilization of natural resources by
reform, through industries that make full Filipino citizens, as well as cooperative
and efficient use of human and natural fish farming, with priority to subsistence
resources, and which are competitive in fishermen and fish- workers in rivers,
both domestic and foreign markets. lakes, bays, and lagoons.
However, the State shall protect Filipino
enterprises against unfair foreign The President may enter into agreements
competition and trade practices. with foreign-owned corporations
involving either technical or financial
In the pursuit of these goals, all sectors assistance for large-scale exploration,
of the economy and all regions of the development, and utilization of minerals,
country shall be given optimum petroleum, and other mineral oils
opportunity to develop. Private according to the general terms and
conditions provided by law, based on real Section 5. The State, subject to the
contributions to the economic growth provisions of this Constitution and
and general welfare of the country. In national development policies and
such agreements, the State shall promote programs, shall protect the rights of
the development and use of local indigenous cultural communities to their
scientific and technical resources. ancestral lands to ensure their economic,
social, and cultural well-being.
The President shall notify the Congress
of every contract entered into in The Congress may provide for the
accordance with this provision, within applicability of customary laws governing
thirty days from its execution. property rights or relations in determining
the ownership and extent of ancestral
Section 3. Lands of the public domain are domain.
classified into agricultural, forest or
timber, mineral lands and national parks. Section 6. The use of property bears a
Agricultural lands of the public domain social function, and all economic agents
may be further classified by law shall contribute to the common good.
according to the uses to which they may Individuals and private groups, including
be devoted. Alienable lands of the public corporations, cooperatives, and similar
domain shall be limited to agricultural collective organizations, shall have the
lands. Private corporations or right to own, establish, and operate
associations may not hold such alienable economic enterprises, subject to the duty
lands of the public domain except by of the State to promote distributive
lease, for a period not exceeding twenty- justice and to intervene when the
five years, renewable for not more than common good so demands.
twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the Section 7. Save in cases of hereditary
Philippines may lease not more than five succession, no private lands shall be
hundred hectares, or acquire not more transferred or conveyed except to
than twelve hectares thereof, by individuals, corporations, or associations
purchase, homestead, or grant. qualified to acquire or hold lands of the
public domain.
Taking into account the requirements of
conservation, ecology, and development, Section 8. Notwithstanding the provisions
and subject to the requirements of of Section 7 of this Article, a natural-born
agrarian reform, the Congress shall citizen of the Philippines who has lost his
determine, by law, the size of lands of the Philippine citizenship may be a transferee
public domain which may be acquired, of private lands, subject to limitations
developed, held, or leased and the provided by law.
conditions therefor.
Section 9. The Congress may establish an
Section 4. The Congress shall, as soon as independent economic and planning
possible, determine, by law, the specific agency headed by the President, which
limits of forest lands and national parks, shall, after consultations with the
marking clearly their boundaries on the appropriate public agencies, various
ground. Thereafter, such forest lands and private sectors, and local government
national parks shall be conserved and units, recommend to Congress, and
may not be increased nor diminished, implement continuing integrated and
except by law. The Congress shall provide coordinated programs and policies for
for such period as it may determine, national development.
measures to prohibit logging in
endangered forests and watershed areas. Until the Congress provides otherwise,
the National Economic and Development
Authority shall function as the
independent planning agency of the such corporation or association must be
government. citizens of the Philippines.

Section 10. The Congress shall, upon Section 12. The State shall promote the
recommendation of the economic and preferential use of Filipino labor,
planning agency, when the national domestic materials and locally produced
interest dictates, reserve to citizens of goods, and adopt measures that help
the Philippines or to corporations or make them competitive.
associations at least sixty per centum of
whose capital is owned by such citizens, Section 13. The State shall pursue a trade
or such higher percentage as Congress policy that serves the general welfare
may prescribe, certain areas of and utilizes all forms and arrangements
investments. The Congress shall enact of exchange on the basis of equality and
measures that will encourage the reciprocity.
formation and operation of enterprises
whose capital is wholly owned by Section 14. The sustained development of
Filipinos. a reservoir of national talents consisting
of Filipino scientists, entrepreneurs,
In the grant of rights, privileges, and professionals, managers, high-level
concessions covering the national technical manpower and skilled workers
economy and patrimony, the State shall and craftsmen in all fields shall be
give preference to qualified Filipinos. promoted by the State. The State shall
encourage appropriate technology and
The State shall regulate and exercise regulate its transfer for the national
authority over foreign investments within benefit.
its national jurisdiction and in
accordance with its national goals and The practice of all professions in the
priorities. Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.
Section 11. No franchise, certificate, or
any other form of authorization for the Section 15. The Congress shall create an
operation of a public utility shall be agency to promote the viability and
granted except to citizens of the growth of cooperatives as instruments
Philippines or to corporations or for social justice and economic
associations organized under the laws of development.
the Philippines, at least sixty per centum
of whose capital is owned by such Section 16. The Congress shall not,
citizens; nor shall such franchise, except by general law, provide for the
certificate, or authorization be exclusive formation, organization, or regulation of
in character or for a longer period than private corporations. Government-owned
fifty years. Neither shall any such or controlled corporations may be
franchise or right be granted except created or established by special
under the condition that it shall be charters in the interest of the common
subject to amendment, alteration, or good and subject to the test of economic
repeal by the Congress when the viability.
common good so requires. The State
shall encourage equity participation in Section 17. In times of national
public utilities by the general public. The emergency, when the public interest so
participation of foreign investors in the requires, the State may, during the
governing body of any public utility emergency and under reasonable terms
enterprise shall be limited to their prescribed by it, temporarily take over or
proportionate share in its capital, and all direct the operation of any privately-
the executive and managing officers of owned public utility or business affected
with public interest.
ARTICLE XIII – SOCIAL JUSTICE AND
Section 18. The State may, in the interest HUMAN RIGHTS
of national welfare or defense, establish Section 1. The Congress shall give
and operate vital industries and, upon highest priority to the enactment of
payment of just compensation, transfer to measures that protect and enhance the
public ownership utilities and other right of all the people to human dignity,
private enterprises to be operated by the reduce social, economic, and political
Government. inequalities, and remove cultural
inequities by equitably diffusing wealth
Section 19. The State shall regulate or and political power for the common good.
prohibit monopolies when the public
interest so requires. No combinations in To this end, the State shall regulate the
restraint of trade or unfair competition acquisition, ownership, use, and
shall be allowed. disposition of property and its
increments.
Section 20. The Congress shall establish
an independent central monetary Section 2. The promotion of social justice
authority, the members of whose shall include the commitment to create
governing board must be natural-born economic opportunities based on
Filipino citizens, of known probity, freedom of initiative and self-reliance.
integrity, and patriotism, the majority of
whom shall come from the private sector. ARTICLE XIII – LABOR
They shall also be subject to such other Section 3. The State shall afford full
qualifications and disabilities as may be protection to labor, local and overseas,
prescribed by law. The authority shall organized and unorganized, and promote
provide policy direction in the areas of full employment and equality of
money, banking, and credit. It shall have employment opportunities for all.
supervision over the operations of banks It shall guarantee the rights of all
and exercise such regulatory powers as workers to self-organization, collective
may be provided by law over the bargaining and negotiations, and
operations of finance companies and peaceful concerted activities, including
other institutions performing similar the right to strike in accordance with law.
functions. They shall be entitled to security of
tenure, humane conditions of work, and a
Until the Congress otherwise provides, living wage. They shall also participate in
the Central Bank of the Philippines policy and decision-making processes
operating under existing laws, shall affecting their rights and benefits as may
function as the central monetary be provided by law.
authority.
The State shall promote the principle of
Section 21. Foreign loans may only be shared responsibility between workers
incurred in accordance with law and the and employers and the preferential use of
regulation of the monetary authority. voluntary modes in settling disputes,
Information on foreign loans obtained or including conciliation, and shall enforce
guaranteed by the Government shall be their mutual compliance therewith to
made available to the public. foster industrial peace.

Section 22. Acts which circumvent or The State shall regulate the relations
negate any of the provisions of this between workers and employers,
Article shall be considered inimical to the recognizing the right of labor to its just
national interest and subject to criminal share in the fruits of production and the
and civil sanctions, as may be provided right of enterprises to reasonable returns
by law. to investments, and to expansion and
growth.
Section 7. The State shall protect the
ARTICLE XIII – AGRARIAN AND NATURAL rights of subsistence fishermen,
RESOURCES REFORM especially of local communities, to the
Section 4. The State shall, by law, preferential use of the communal marine
undertake an agrarian reform program and fishing resources, both inland and
founded on the right of farmers and offshore. It shall provide support to such
regular farmworkers who are landless, to fishermen through appropriate
own directly or collectively the lands they technology and research, adequate
till or, in the case of other farmworkers, to financial, production, and marketing
receive a just share of the fruits thereof. assistance, and other services. The State
To this end, the State shall encourage shall also protect, develop, and conserve
and undertake the just distribution of all such resources. The protection shall
agricultural lands, subject to such extend to offshore fishing grounds of
priorities and reasonable retention limits subsistence fishermen against foreign
as the Congress may prescribe, taking intrusion. Fishworkers shall receive a just
into account ecological, developmental, share from their labor in the utilization of
or equity considerations, and subject to marine and fishing resources.
the payment of just compensation. In
determining retention limits, the State Section 8. The State shall provide
shall respect the right of small incentives to landowners to invest the
landowners. The State shall further proceeds of the agrarian reform program
provide incentives for voluntary land- to promote industrialization, employment
sharing. creation, and privatization of public
sector enterprises. Financial instruments
Section 5. The State shall recognize the used as payment for their lands shall be
right of farmers, farmworkers, and honored as equity in enterprises of their
landowners, as well as cooperatives, and choice.
other independent farmers' organizations
to participate in the planning, ARTICLE XIII – URBAN LAND REFORM
organization, and management of the AND HOUSING
program, and shall provide support to Section 9. The State shall, by law, and for
agriculture through appropriate the common good, undertake, in
technology and research, and adequate cooperation with the private sector, a
financial, production, marketing, and continuing program of urban land reform
other support services. and housing which will make available at
affordable cost, decent housing and
Section 6. The State shall apply the basic services to under-privileged and
principles of agrarian reform or homeless citizens in urban centers and
stewardship, whenever applicable in resettlement areas. It shall also promote
accordance with law, in the disposition or adequate employment opportunities to
utilization of other natural resources, such citizens. In the implementation of
including lands of the public domain such program the State shall respect the
under lease or concession suitable to rights of small property owners.
agriculture, subject to prior rights,
homestead rights of small settlers, and Section 10. Urban or rural poor dwellers
the rights of indigenous communities to shall not be evicted nor their dwelling
their ancestral lands. demolished, except in accordance with
law and in a just and humane manner.
The State may resettle landless farmers
and farmworkers in its own agricultural No resettlement of urban or rural
estates which shall be distributed to dwellers shall be undertaken without
them in the manner provided by law. adequate consultation with them and the
communities where they are to be
relocated.
social, political, and economic decision-
ARTICLE XIII – HEALTH making shall not be abridged. The State
Section 11. The State shall adopt an shall, by law, facilitate the establishment
integrated and comprehensive approach of adequate consultation mechanisms.
to health development which shall
endeavor to make essential goods, health ARTICLE XIII – HUMAN RIGHTS
and other social services available to all Section 17. (1) There is hereby created an
the people at affordable cost. There shall independent office called the
be priority for the needs of the under- Commission on Human Rights.
privileged, sick, elderly, disabled, women,
and children. The State shall endeavor to (2) The Commission shall be composed of
provide free medical care to paupers. a Chairman and four Members who must
be natural-born citizens of the Philippines
Section 12. The State shall establish and and a majority of whom shall be members
maintain an effective food and drug of the Bar. The term of office and other
regulatory system and undertake qualifications and disabilities of the
appropriate health, manpower Members of the Commission shall be
development, and research, responsive to provided by law.
the country's health needs and problems.
(3) Until this Commission is constituted,
Section 13. The State shall establish a the existing Presidential Committee on
special agency for disabled person for Human Rights shall continue to exercise
their rehabilitation, self-development, and its present functions and powers.
self-reliance, and their integration into
the mainstream of society. (4) The approved annual appropriations of
the Commission shall be automatically
ARTICLE XIII – WOMEN and regularly released.
Section 14. The State shall protect
working women by providing safe and Section 18. The Commission on Human
healthful working conditions, taking into Rights shall have the following powers
account their maternal functions, and and functions:
such facilities and opportunities that will
enhance their welfare and enable them to (1) Investigate, on its own or on
realize their full potential in the service complaint by any party, all forms of
of the nation. human rights violations involving civil and
political rights;
ARTICLE XIII – ROLE AND RIGHTS OF
PEOPLE'S ORGANIZATIONS (2) Adopt its operational guidelines and
Section 15. The State shall respect the rules of procedure, and cite for contempt
role of independent people's for violations thereof in accordance with
organizations to enable the people to the Rules of Court;
pursue and protect, within the
democratic framework, their legitimate (3) Provide appropriate legal measures
and collective interests and aspirations for the protection of human rights of all
through peaceful and lawful means. persons within the Philippines, as well as
People's organizations are bona fide Filipinos residing abroad, and provide for
associations of citizens with preventive measures and legal aid
demonstrated capacity to promote the services to the under-privileged whose
public interest and with identifiable human rights have been violated or need
leadership, membership, and structure. protection;

Section 16. The right of the people and (4) Exercise visitorial powers over jails,
their organizations to effective and prisons, or detention facilities;
reasonable participation at all levels of
(5) Establish a continuing program of system of education relevant to the
research, education, and information to needs of the people and society;
enhance respect for the primacy of
human rights; (2) Establish and maintain, a system of
free public education in the elementary
(6) Recommend to Congress effective and high school levels. Without limiting
measures to promote human rights and to the natural rights of parents to rear their
provide for compensation to victims of children, elementary education is
violations of human rights, or their compulsory for all children of school age;
families;
(3) Establish and maintain a system of
(7) Monitor the Philippine Government's scholarship grants, student loan
compliance with international treaty programs, subsidies, and other incentives
obligations on human rights; which shall be available to deserving
students in both public and private
(8) Grant immunity from prosecution to schools, especially to the under-
any person whose testimony or whose privileged;
possession of documents or other
evidence is necessary or convenient to (4) Encourage non-formal, informal, and
determine the truth in any investigation indigenous learning systems, as well as
conducted by it or under its authority; self-learning, independent, and out-of-
school study programs particularly those
(9) Request the assistance of any that respond to community needs; and
department, bureau, office, or agency in
the performance of its functions; (5) Provide adult citizens, the disabled,
and out-of-school youth with training in
(10) Appoint its officers and employees in civics, vocational efficiency, and other
accordance with law; and skills.

(11) Perform such other duties and Section 3. (1) All educational institutions
functions as may be provided by law. shall include the study of the
Constitution as part of the curricula.
Section 19. The Congress may provide for
other cases of violations of human rights (2) They shall inculcate patriotism and
that should fall within the authority of the nationalism, foster love of humanity,
Commission, taking into account its respect for human rights, appreciation of
recommendations. the role of national heroes in the
historical development of the country,
teach the rights and duties of citizenship,
ARTICLE XIV – EDUCATION, SCIENCE strengthen ethical and spiritual values,
AND TECHNOLOGY, ARTS, CULTURE develop moral character and personal
AND SPORTS discipline, encourage critical and
EDUCATION creative thinking, broaden scientific and
Section 1. The State shall protect and technological knowledge, and promote
promote the right of all citizens to quality vocational efficiency.
education at all levels, and shall take
appropriate steps to make such (3) At the option expressed in writing by
education accessible to all. the parents or guardians, religion shall be
allowed to be taught to their children or
Section 2. The State shall: wards in public elementary and high
schools within the regular class hours by
(1) Establish, maintain, and support a instructors designated or approved by the
complete, adequate, and integrated religious authorities of the religion to
which the children or wards belong,
without additional cost to the (4) Subject to conditions prescribed by
Government. law, all grants, endowments, donations, or
contributions used actually, directly, and
Section 4.(1) The State recognizes the exclusively for educational purposes shall
complementary roles of public and be exempt from tax.
private institutions in the educational
system and shall exercise reasonable Section 5. (1) the State shall take into
supervision and regulation of all account regional and sectoral needs and
educational institutions. conditions and shall encourage local
planning in the development of
(2) Educational institutions, other than educational policies and programs.
those established by religious groups and
mission boards, shall be owned solely by (2) Academic freedom shall be enjoyed in
citizens of the Philippines or corporations all institutions of higher learning.
or associations at least sixty per centum
of the capital of which is owned by such (3) Every citizen has a right to select a
citizens. The Congress may, however, profession or course of study, subject to
require increased Filipino equity fair, reasonable, and equitable admission
participation in all educational and academic requirements.
institutions.
(4) The State shall enhance the right of
The control and administration of teachers to professional advancement.
educational institutions shall be vested in Non-teaching academic and non-
citizens of the Philippines. academic personnel shall enjoy the
protection of the State.
No educational institution shall be
established exclusively for aliens and no (5) The State shall assign the highest
group of aliens shall comprise more than budgetary priority to education and
one-third of the enrollment in any school. ensure that teaching will attract and
The provisions of this subsection shall retain its rightful share of the best
not apply to schools established for available talents through adequate
foreign diplomatic personnel and their remuneration and other means of job
dependents and, unless otherwise satisfaction and fulfillment.
provided by law, for other foreign
temporary residents. ARTICLE XIV – EDUCATION, SCIENCE
AND TECHNOLOGY, ARTS, CULTURE AND
(3) All revenues and assets of non-stock, SPORTS
non-profit educational institutions used LANGUAGE
actually, directly, and exclusively for Section 6. The national language of the
educational purposes shall be exempt Philippines is Filipino. As it evolves, it
from taxes and duties. Upon the shall be further developed and enriched
dissolution or cessation of the corporate on the basis of existing Philippine and
existence of such institutions, their other languages.
assets shall be disposed of in the manner
provided by law. Subject to provisions of law and as the
Congress may deem appropriate, the
Proprietary educational institutions, Government shall take steps to initiate
including those cooperatively owned, and sustain the use of Filipino as a
may likewise be entitled to such medium of official communication and as
exemptions, subject to the limitations language of instruction in the educational
provided by law, including restrictions on system.
dividends and provisions for
reinvestment. Section 7. For purposes of communication
and instruction, the official languages of
the Philippines are Filipino and, until technology from all sources for the
otherwise provided by law, English. national benefit. It shall encourage the
widest participation of private groups,
The regional languages are the auxiliary local governments, and community-based
official languages in the regions and shall organizations in the generation and
serve as auxiliary media of instruction utilization of science and technology.
therein.
Section 13. The State shall protect and
Spanish and Arabic shall be promoted on secure the exclusive rights of scientists,
a voluntary and optional basis. inventors, artists, and other gifted
citizens to their intellectual property and
Section 8. This Constitution shall be creations, particularly when beneficial to
promulgated in Filipino and English and the people, for such period as may be
shall be translated into major regional provided by law.
languages, Arabic, and Spanish.
ARTICLE XIV – EDUCATION, SCIENCE
Section 9. The Congress shall establish a AND TECHNOLOGY, ARTS, CULTURE AND
national language commission composed SPORTS
of representatives of various regions and ARTS AND CULTURE
disciplines which shall undertake, Section 14. The State shall foster the
coordinate, and promote researches for preservation, enrichment, and dynamic
the development, propagation, and evolution of a Filipino national culture
preservation of Filipino and other based on the principle of unity in
languages. diversity in a climate of free artistic and
intellectual expression.
ARTICLE XIV – EDUCATION, SCIENCE
AND TECHNOLOGY, ARTS, CULTURE AND Section 15. Arts and letters shall enjoy
SPORTS the patronage of the State. The State
SCIENCE AND TECHNOLOGY shall conserve, promote, and popularize
Section 10. Science and technology are the nation's historical and cultural
essential for national development and heritage and resources, as well as
progress. The State shall give priority to artistic creations.
research and development, invention,
innovation, and their utilization; and to Section 16. All the country's artistic and
science and technology education, historic wealth constitutes the cultural
training, and services. It shall support treasure of the nation and shall be under
indigenous, appropriate, and self-reliant the protection of the State which may
scientific and technological capabilities, regulate its disposition.
and their application to the country's
productive systems and national life. Section 17. The State shall recognize,
respect, and protect the rights of
Section 11. The Congress may provide for indigenous cultural communities to
incentives, including tax deductions, to preserve and develop their cultures,
encourage private participation in traditions, and institutions. It shall
programs of basic and applied scientific consider these rights in the formulation
research. Scholarships, grants-in-aid, or of national plans and policies.
other forms of incentives shall be
provided to deserving science students, Section 18. (1) The State shall ensure
researchers, scientists, inventors, equal access to cultural opportunities
technologists, and specially gifted through the educational system, public or
citizens. private cultural entities, scholarships,
grants and other incentives, and
Section 12. The State shall regulate the community cultural centers, and other
transfer and promote the adaptation of public venues.
(2) The State shall encourage and Section 4. The family has the duty to care
support researches and studies on the for its elderly members but the State may
arts and culture. also do so through just programs of
social security.
ARTICLE XIV – EDUCATION, SCIENCE
AND TECHNOLOGY, ARTS, CULTURE AND
SPORTS ARTICLE XVI – GENERAL PROVISIONS
SPORTS Section 1. The flag of the Philippines
Section 19. (1) The State shall promote shall be red, white, and blue, with a sun
physical education and encourage sports and three stars, as consecrated and
programs, league competitions, and honored by the people and recognized by
amateur sports, including training for law.
international competitions, to foster self-
discipline, teamwork, and excellence for Section 2. The Congress may, by law,
the development of a healthy and alert adopt a new name for the country, a
citizenry. national anthem, or a national seal, which
shall all be truly reflective and symbolic
(2) All educational institutions shall of the ideals, history, and traditions of the
undertake regular sports activities people. Such law shall take effect only
throughout the country in cooperation upon its ratification by the people in a
with athletic clubs and other sectors. national referendum.

Section 3. The State may not be sued


ARTICLE XV – THE FAMILY without its consent.
Section 1. The State recognizes the
Filipino family as the foundation of the Section 4. The Armed Forces of the
nation. Accordingly, it shall strengthen its Philippines shall be composed of a
solidarity and actively promote its total citizen armed force which shall undergo
development. military training and serve as may be
provided by law. It shall keep a regular
Section 2. Marriage, as an inviolable force necessary for the security of the
social institution, is the foundation of the State.
family and shall be protected by the
State. Section 5. (1) All members of the armed
forces shall take an oath or affirmation to
Section 3. The State shall defend: uphold and defend this Constitution.

(1) The right of spouses to found a family (2) The State shall strengthen the
in accordance with their religious patriotic spirit and nationalist
convictions and the demands of consciousness of the military, and
responsible parenthood; respect for people's rights in the
(2) The right of children to assistance, performance of their duty.
including proper care and nutrition, and
special protection from all forms of (3) Professionalism in the armed forces
neglect, abuse, cruelty, exploitation and and adequate remuneration and benefits
other conditions prejudicial to their of its members shall be a prime concern
development; of the State. The armed forces shall be
(3) The right of the family to a family insulated from partisan politics.
living wage and income; and
(4) The right of families or family No member of the military shall engage,
associations to participate in the directly or indirectly, in any partisan
planning and implementation of policies political activity, except to vote.
and programs that affect them.
(4) No member of the armed forces in the Section 10. The State shall provide the
active service shall, at any time, be policy environment for the full
appointed or designated in any capacity development of Filipino capability and
to a civilian position in the Government, the emergence of communication
including government-owned or structures suitable to the needs and
controlled corporations or any of their aspirations of the nation and the
subsidiaries. balanced flow of information into, out of,
and across the country, in accordance
(5) Laws on retirement of military officers with a policy that respects the freedom of
shall not allow extension of their service. speech and of the press.

(6) The officers and men of the regular Section 11. (1) The ownership and
force of the armed forces shall be management of mass media shall be
recruited proportionately from all limited to citizens of the Philippines, or to
provinces and cities as far as practicable. corporations, cooperatives or
associations, wholly-owned and managed
(7) The tour of duty of the Chief of Staff of by such citizens.
the armed forces shall not exceed three
years. However, in times of war or other The Congress shall regulate or prohibit
national emergency declared by the monopolies in commercial mass media
Congress, the President may extend such when the public interest so requires. No
tour of duty. combinations in restraint of trade or
unfair competition therein shall be
Section 6. The State shall establish and allowed.
maintain one police force, which shall be
national in scope and civilian in (2) The advertising industry is impressed
character, to be administered and with public interest, and shall be
controlled by a national police regulated by law for the protection of
commission. The authority of local consumers and the promotion of the
executives over the police units in their general welfare.
jurisdiction shall be provided by law.
Only Filipino citizens or corporations or
Section 7. The State shall provide associations at least seventy per centum
immediate and adequate care, benefits, of the capital of which is owned by such
and other forms of assistance to war citizens shall be allowed to engage in the
veterans and veterans of military advertising industry.
campaigns, their surviving spouses and
orphans. Funds shall be provided therefor The participation of foreign investors in
and due consideration shall be given the governing body of entities in such
them in the disposition of agricultural industry shall be limited to their
lands of the public domain and, in proportionate share in the capital thereof,
appropriate cases, in the utilization of and all the executive and managing
natural resources. officers of such entities must be citizens
of the Philippines.
Section 8. The State shall, from time to
time, review to increase the pensions and Section 12. The Congress may create a
other benefits due to retirees of both the consultative body to advise the President
government and the private sectors. on policies affecting indigenous cultural
communities, the majority of the
Section 9. The State shall protect members of which shall come from such
consumers from trade malpractices and communities.
from substandard or hazardous products.
ARTICLE XVII – AMENDMENTS OR ARTICLE XVIII – TRANSITORY
REVISIONS PROVISIONS
Section 1. Any amendment to, or revision Section 1. The first elections of Members
of, this Constitution may be proposed by: of the Congress under this Constitution
(1) The Congress, upon a vote of three- shall be held on the second Monday of
fourths of all its Members; or May, 1987.
(2) A constitutional convention.
The first local elections shall be held on a
Section 2. Amendments to this date to be determined by the President,
Constitution may likewise be directly which may be simultaneous with the
proposed by the people through initiative election of the Members of the Congress.
upon a petition of at least twelve per It shall include the election of all
centum of the total number of registered Members of the city or municipal
voters, of which every legislative district councils in the Metropolitan Manila area.
must be represented by at least three per
centum of the registered voters therein. Section 2. The Senators, Members of the
No amendment under this section shall House of Representatives, and the local
be authorized within five years following officials first elected under this
the ratification of this Constitution nor Constitution shall serve until noon of
oftener than once every five years June 30, 1992.
thereafter.
Of the Senators elected in the elections
The Congress shall provide for the in 1992, the first twelve obtaining the
implementation of the exercise of this highest number of votes shall serve for
right. six years and the remaining twelve for
three years.
Section 3. The Congress may, by a vote of
two-thirds of all its Members, call a Section 3. All existing laws, decrees,
constitutional convention, or by a executive orders, proclamations, letters
majority vote of all its Members, submit of instructions, and other executive
to the electorate the question of calling issuances not inconsistent with this
such a convention. Constitution shall remain operative until
amended, repealed, or revoked.
Section 4. Any amendment to, or revision
of, this Constitution under Section 1 Section 4. All existing treaties or
hereof shall be valid when ratified by a international agreements which have not
majority of the votes cast in a plebiscite been ratified shall not be renewed or
which shall be held not earlier than sixty extended without the concurrence of at
days nor later than ninety days after the least two-thirds of all the Members of the
approval of such amendment or revision. Senate.

Any amendment under Section 2 hereof Section 5. The six-year term of the
shall be valid when ratified by a majority incumbent President and Vice-President
of the votes cast in a plebiscite which elected in the February 7, 1986 election
shall be held not earlier than sixty days is, for purposes of synchronization of
nor later than ninety days after the elections, hereby extended to noon of
certification by the Commission on June 30, 1992.
Elections of the sufficiency of the
petition. The first regular elections for the
President and Vice-President under this
Constitution shall be held on the second
Monday of May, 1992.
Section 6. The incumbent President shall Constitution, of the applicable period for
continue to exercise legislative powers the decision or resolution of the cases or
until the first Congress is convened. matters submitted for adjudication by the
courts, shall be determined by the
Section 7. Until a law is passed, the Supreme Court as soon as practicable.
President may fill by appointment from a
list of nominees by the respective Section 14. The provisions of paragraphs
sectors, the seats reserved for sectoral (3) and (4), Section 15 of Article VIII of
representation in paragraph (2), Section 5 this Constitution shall apply to cases or
of Article V1 of this Constitution. matters filed before the ratification of
this Constitution, when the applicable
Section 8. Until otherwise provided by period lapses after such ratification.
the Congress, the President may
constitute the Metropolitan Manila Section 15. The incumbent Members of
Authority to be composed of the heads of the Civil Service Commission, the
all local government units comprising the Commission on Elections, and the
Metropolitan Manila area. Commission on Audit shall continue in
office for one year after the ratification of
Section 9. A sub-province shall continue this Constitution, unless they are sooner
to exist and operate until it is converted removed for cause or become
into a regular province or until its incapacitated to discharge the duties of
component municipalities are reverted to their office or appointed to a new term
the mother province. thereunder. In no case shall any Member
serve longer than seven years including
Section 10. All courts existing at the time service before the ratification of this
of the ratification of this Constitution Constitution.
shall continue to exercise their
jurisdiction, until otherwise provided by Section 16. Career civil service
law. The provisions of the existing Rules employees separated from the service
of Court, judiciary acts, and procedural not for cause but as a result of the
laws not inconsistent with this reorganization pursuant to Proclamation
Constitution shall remain operative No. 3 dated March 25, 1986 and the
unless amended or repealed by the reorganization following the ratification
Supreme Court or the Congress. of this Constitution shall be entitled to
appropriate separation pay and to
Section 11. The incumbent Members of retirement and other benefits accruing to
the Judiciary shall continue in office until them under the laws of general
they reach the age of seventy years or application in force at the time of their
become incapacitated to discharge the separation. In lieu thereof, at the option
duties of their office or are removed for of the employees, they may be
cause. considered for employment in the
Government or in any of its subdivisions,
Section 12. The Supreme Court shall, instrumentalities, or agencies, including
within one year after the ratification of government-owned or controlled
this Constitution, adopt a systematic plan corporations and their subsidiaries. This
to expedite the decision or resolution of provision also applies to career officers
cases or matters pending in the Supreme whose resignation, tendered in line with
Court or the lower courts prior to the the existing policy, had been accepted.
effectivity of this Constitution. A similar
plan shall be adopted for all special Section 17. Until the Congress provides
courts and quasi-judicial bodies. otherwise, the President shall receive an
annual salary of three hundred thousand
Section 13. The legal effect of the lapse, pesos; the Vice-President, the President
before the ratification of this of the Senate, the Speaker of the House
of Representatives, and the Chief Justice years from its ratification to comply on a
of the Supreme Court, two hundred forty graduated and proportionate basis with
thousand pesos each; the Senators, the the minimum Filipino ownership
Members of the House of requirement therein.
Representatives, the Associate Justices
of the Supreme Court, and the Chairmen Section 24. Private armies and other
of the Constitutional Commissions, two armed groups not recognized by duly
hundred four thousand pesos each; and constituted authority shall be dismantled.
the Members of the Constitutional All paramilitary forces including Civilian
Commissions, one hundred eighty Home Defense Forces not consistent with
thousand pesos each. the citizen armed force established in
this Constitution, shall be dissolved or,
Section 18. At the earliest possible time, where appropriate, converted into the
the Government shall increase the salary regular force.
scales of the other officials and
employees of the National Government. Section 25. After the expiration in 1991 of
the Agreement between the Republic of
Section 19. All properties, records, the Philippines and the United States of
equipment, buildings, facilities, and other America concerning military bases,
assets of any office or body abolished or foreign military bases, troops, or facilities
reorganized under Proclamation No. 3 shall not be allowed in the Philippines
dated March 25, 1986 or this Constitution except under a treaty duly concurred in
shall be transferred to the office or body by the Senate and, when the Congress so
to which its powers, functions, and requires, ratified by a majority of the
responsibilities substantially pertain. votes cast by the people in a national
referendum held for that purpose, and
Section 20. The first Congress shall give recognized as a treaty by the other
priority to the determination of the period contracting State.
for the full implementation of free public
secondary education. Section 26. The authority to issue
sequestration or freeze orders under
Section 21. The Congress shall provide Proclamation No. 3 dated March 25, 1986
efficacious procedures and adequate in relation to the recovery of ill-gotten
remedies for the reversion to the State of wealth shall remain operative for not
all lands of the public domain and real more than eighteen months after the
rights connected therewith which were ratification of this Constitution. However,
acquired in violation of the Constitution in the national interest, as certified by
or the public land laws, or through the President, the Congress may extend
corrupt practices. No transfer or such period.
disposition of such lands or real rights
shall be allowed until after the lapse of A sequestration or freeze order shall be
one year from the ratification of this issued only upon showing of a prima facie
Constitution. case. The order and the list of the
sequestered or frozen properties shall
Section 22. At the earliest possible time, forthwith be registered with the proper
the Government shall expropriate idle or court. For orders issued before the
abandoned agricultural lands as may be ratification of this Constitution, the
defined by law, for distribution to the corresponding judicial action or
beneficiaries of the agrarian reform proceeding shall be filed within six
program. months from its ratification. For those
issued after such ratification, the judicial
Section 23. Advertising entities affected action or proceeding shall be
by paragraph (2), Section 11 of Article commenced within six months from the
XV1 of this Constitution shall have five issuance thereof.
Roberto R. Concepcion
The sequestration or freeze order is Hilario G. Davide, Jr.
deemed automatically lifted if no judicial Vicente B. Foz
action or proceeding is commenced as Edmundo G. Garcia
herein provided. Jose Luis Martin C. Gascon
Serafin V.C. Guingona
Section 27. This Constitution shall take Alberto M. K. Jamir
effect immediately upon its ratification by Jose B. Laurel, Jr.
a majority of the votes cast in a Eulogio R. Lerum
plebiscite held for the purpose and shall Regalado E. Maambong
supersede all previous Constitutions. Christian S. Monsod
Teodulo C. Natividad
The foregoing proposed Constitution of Ma. Teresa F. Nieva
the Republic of the Philippines was Jose N. Nolledo
approved by the Constitutional Blas F. Ople
Commission of 1986 on the twelfth day of Minda Luz M. Quesada
October, Nineteen hundred and eighty-six, Florenz D. Regalado
and accordingly signed on the fifteenth Rustico F. de los Reyes, Jr.
day of October, Nineteen hundred and Cirilo A. Rigos
eighty-six at the Plenary Hall, National Francisco A. Rodrigo
Government Center, Quezon City, by the Ricardo J. Romulo
Commissioners whose signatures are Decoroso R. Rosales
hereunder affixed. Rene V. Sarmiento
Jose E. Suarez
MEMBERS OF THE CONSTITUTIONAL Lorenzo M. Sumulong
COMMISSION [CON COM] WHICH Jaime S. L. Tadeo
DRAFTED THE 1987 CONSTITUTION OF Christine O. Tan
THE PHILIPPINES Gregorio J. Tingson
Efrain B. Trenas
Cecilia Munoz Palma Lugum L. Uka
President Wilfrido V. Villacorta
Bernardo M. Villegas
Ambrosio B. Padilla
Vice-President Attested by :

Napoleon G. Rama Flerida Ruth P. Romero


Floor Leader Secretary-General

Ahmad Domocao Alonto


Assistant Floor Leader

Jose D. Calderon
Assistant Floor Leader

Yusuf R. Abubakar
Felicitas S. Aquino
Adolfo S. Azcuna
Teodoro C. Bacani
Jose F. S. Bengzon, Jr.
Ponciano L. Bennagen
Joaquin G. Bernas
Florangel Rosario Braid
Crispino M. de Castro
Jose C. Colayco

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