1987 PH Constitution
1987 PH Constitution
1. The privacy of communication and 4. The law shall provide for penal and civil
correspondence shall be inviolable except upon sanctions for violations of this Section as well as
lawful order of the court, or when public safety or compensation to the rehabilitation of victims of
order requires otherwise, as prescribed by law. torture or similar practices, and their families.
2. Any evidence obtained in violation of this or the Section 13. All persons, except those charged with
preceding section shall be inadmissible for any offenses punishable by reclusion perpetua when
purpose in any proceeding. evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on
Section 4. No law shall be passed abridging the recognizance as may be provided by law. The right to
freedom of speech, of expression, or of the press, or the bail shall not be impaired even when the privilege of the
right of the people peaceably to assemble and petition writ of habeas corpus is suspended. Excessive bail shall
the government for redress of grievances. not be required.
Section 5. No law shall be made respecting an Section 14.
establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious 1. No person shall be held to answer for a criminal
profession and worship, without discrimination or offense without due process of law.
preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political 2. In all criminal prosecutions, the accused shall be
rights. presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself
Section 6. The liberty of abode and of changing the and counsel, to be informed of the nature and
same within the limits prescribed by law shall not be cause of the accusation against him, to have a
impaired except upon lawful order of the court. Neither speedy, impartial, and public trial, to meet the
shall the right to travel be impaired except in the interest witnesses face to face, and to have compulsory
of national security, public safety, or public health, as process to secure the attendance of witnesses
may be provided by law. and the production of evidence in his behalf.
However, after arraignment, trial may proceed
Section 7. The right of the people to information on
notwithstanding the absence of the accused:
matters of public concern shall be recognized. Access to
Provided, that he has been duly notified and his
official records, and to documents and papers pertaining
failure to appear is unjustifiable.
to official acts, transactions, or decisions, as well as to
government research data used as basis for policy Section 15. The privilege of the writ of habeas corpus
development, shall be afforded the citizen, subject to shall not be suspended except in cases of invasion or
such limitations as may be provided by law. rebellion, when the public safety requires it.
Section 8. The right of the people, including those Section 16. All persons shall have the right to a speedy
employed in the public and private sectors, to form disposition of their cases before all judicial, quasi-
unions, associations, or societies for purposes not judicial, or administrative bodies.
contrary to law shall not be abridged.
Section 17. No person shall be compelled to be a ARTICLE V
witness against himself. SUFFRAGE
Section 22. No ex post facto law or bill of attainder shall Section 3. No person shall be a Senator unless he is a
be enacted. natural-born citizen of the Philippines and, on the day of
the election, is at least thirty-five years of age, able to
ARTICLE IV
read and write, a registered voter, and a resident of the
CITIZENSHIP
Philippines for not less than two years immediately
Section 1. The following are citizens of the Philippines: preceding the day of the election.
1. Those who are citizens of the Philippines at Section 4. The term of office of the Senators shall be six
the time of the adoption of this Constitution; years and shall commence, unless otherwise provided
2. Those whose fathers or mothers are citizens by law, at noon on the thirtieth day of June next following
of the Philippines; their election. No Senator shall serve for more than two
3. Those born before January 17, 1973, of consecutive terms. Voluntary renunciation of the office
Filipino mothers, who elect Philippine for any length of time shall not be considered as an
Citizenship upon reaching the age of interruption in the continuity of his service for the full
majority; and term of which he was elected.
4. Those who are naturalized in the
Section 5.
accordance with law.
1. The House of Representatives shall be
Section 2. Natural-born citizens are those who are
composed of not more than two hundred and
citizens of the Philippines from birth without having to
fifty members, unless otherwise fixed by law,
perform any act to acquire or perfect their Philippine
who shall be elected from legislative districts
citizenship. Those who elect Philippine citizenship in
apportioned among the provinces, cities, and the
accordance with paragraph (3), Section 1 hereof shall be
Metropolitan Manila area in accordance with the
deemed natural-born citizens.
number of their respective inhabitants, and on
Section 3. Philippine citizenship may be lost or the basis of a uniform and progressive ratio, and
reacquired in the manner provided by law. those who, as provided by law, shall be elected
through a party-list system of registered
Section 4. Citizens of the Philippines who marry aliens national, regional, and sectoral parties or
shall retain their citizenship, unless by their act or organizations.
omission they are deemed, under the law to have
renounced it. 2. The party-list representatives shall constitute
twenty per centum of the total number of
Section 5. Dual allegiance of citizens is inimical to the
representatives including those under the party
national interest and shall be dealt with by law.
list. For three consecutive terms after the
ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall
be filled, as provided by law, by selection or employment in the Government, or any subdivision,
election from the labor, peasant, urban poor, agency, or instrumentality thereof, including government-
indigenous cultural communities, women, youth, owned or controlled corporations or their subsidiaries,
and such other sectors as may be provided by during his term without forfeiting his seat. Neither shall
law, except the religious sector. he be appointed to any office which may have been
created or the emoluments thereof increased during the
3. Each legislative district shall comprise, as far as term for which he was elected.
practicable, contiguous, compact, and adjacent
Section 14. No Senator or Member of the House of
territory. Each city with a population of at least
Representatives may personally appear as counsel
two hundred fifty thousand, or each province,
before any court of justice or before the Electoral
shall have at least one representative.
Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be
4. Within three years following the return of every
interested financially in any contract with, or in any
census, the Congress shall make a
franchise or special privilege granted by the
reapportionment of legislative districts based on
Government, or any subdivision, agency, or
the standards provided in this section.
instrumentality thereof, including any government-owned
Section 6. No person shall be a Member of the House of or controlled corporation, or its subsidiary, during his
Representatives unless he is a natural-born citizen of the term of office. He shall not intervene in any matter before
Philippines and, on the day of the election, is at least any office of the Government for his pecuniary benefit or
twenty-five years of age, able to read and write, and, where he may be called upon to act on account of his
except the party-list representatives, a registered voter in office.
the district in which he shall be elected, and a resident
Section 15. The Congress shall convene once every
thereof for a period of not less than one year
year on the fourth Monday of July for its regular session,
immediately preceding the day of the election.
unless a different date is fixed by law, and shall continue
Section 7. The Members of the House of to be in session for such number of days as it may
Representatives shall be elected for a term of three determine until thirty days before the opening of its next
years which shall begin, unless otherwise provided by regular session, exclusive of Saturdays, Sundays, and
law, at noon on the thirtieth day of June next following legal holidays. The President may call a special session
their election. No Member of the House of at any time.
Representatives shall serve for more than three
Section 16.
consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an 1. The Senate shall elect its President and the
interruption in the continuity of his service for the full House of Representatives, its Speaker, by a
term for which he was elected. majority vote of all its respective Members. Each
House shall choose such other officers as it may
Section 8. Unless otherwise provided by law, the regular
deem necessary.
election of the Senators and the Members of the House
of Representatives shall be held on the second Monday
2. A majority of each House shall constitute a
of May.
quorum to do business, but a smaller number
Section 9. In case of vacancy in the Senate or in the may adjourn from day to day and may compel
House of Representatives, a special election may be the attendance of absent Members in such
called to fill such vacancy in the manner prescribed by manner, and under such penalties, as such
law, but the Senator or Member of the House of House may provide.
Representatives thus elected shall serve only for the
unexpired term. 3. Each House may determine the rules of its
proceedings, punish its Members for disorderly
Section 10. The salaries of Senators and Members of
behavior, and, with the concurrence of two-thirds
the House of Representatives shall be determined by
of all its Members, suspend or expel a Member.
law. No increase in said compensation shall take effect
A penalty of suspension, when imposed, shall
until after the expiration of the full term of all the
not exceed sixty days.
Members of the Senate and the House of
Representatives approving such increase.
4. Each House shall keep a Journal of its
Section 11. A Senator or Member of the House of proceedings, and from time to time publish the
Representatives shall, in all offenses punishable by not same, excepting such parts as may, in its
more than six years imprisonment, be privileged from judgment, affect national security; and the yeas
arrest while the Congress is in session. No Member shall and nays on any question shall, at the request of
be questioned nor be held liable in any other place for one-fifth of the Members present, be entered in
any speech or debate in the Congress or in any the Journal. Each House shall also keep a
committee thereof. Record of its proceedings.
Section 12. All Members of the Senate and the House 5. Neither House during the sessions of the
of Representatives shall, upon assumption of office, Congress shall, without the consent of the other,
make a full disclosure of their financial and business adjourn for more than three days, nor to any
interests. They shall notify the House concerned of a other place than that in which the two Houses
potential conflict of interest that may arise from the filing shall be sitting.
of a proposed legislation of which they are authors.
Section 17. The Senate and the House of
Section 13. No Senator or Member of the House of Representatives shall each have an Electoral Tribunal
Representatives may hold any other office or which shall be the sole judge of all contests relating to
the election, returns, and qualifications of their 2. In times of war or other national emergency, the
respective Members. Each Electoral Tribunal shall be Congress may, by law, authorize the President,
composed of nine Members, three of whom shall be for a limited period and subject to such
Justices of the Supreme Court to be designated by the restrictions as it may prescribe, to exercise
Chief Justice, and the remaining six shall be Members of powers necessary and proper to carry out a
the Senate or the House of Representatives, as the case declared national policy. Unless sooner
may be, who shall be chosen on the basis of withdrawn by resolution of the Congress, such
proportional representation from the political parties and powers shall cease upon the next adjournment
the parties or organizations registered under the party- thereof.
list system represented therein. The senior Justice in the
Section 24. All appropriation, revenue or tariff bills, bills
Electoral Tribunal shall be its Chairman.
authorizing increase of the public debt, bills of local
Section 18. There shall be a Commission on application, and private bills, shall originate exclusively in
Appointments consisting of the President of the Senate, the House of Representatives, but the Senate may
as ex officio Chairman, twelve Senators, and twelve propose or concur with amendments.
Members of the House of Representatives, elected by
Section 25.
each House on the basis of proportional representation
from the political parties and parties or organizations 1. The Congress may not increase the
registered under the party-list system represented appropriations recommended by the President
therein. The chairman of the Commission shall not vote, for the operation of the Government as specified
except in case of a tie. The Commission shall act on all in the budget. The form, content, and manner of
appointments submitted to it within thirty session days of preparation of the budget shall be prescribed by
the Congress from their submission. The Commission law.
shall rule by a majority vote of all the Members.
2. No provision or enactment shall be embraced in
Section 19. The Electoral Tribunals and the
the general appropriations bill unless it relates
Commission on Appointments shall be constituted within
specifically to some particular appropriation
thirty days after the Senate and the House of
therein. Any such provision or enactment shall
Representatives shall have been organized with the
be limited in its operation to the appropriation to
election of the President and the Speaker. The
which it relates.
Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a
3. The procedure in approving appropriations for
majority of all its Members, to discharge such powers
the Congress shall strictly follow the procedure
and functions as are herein conferred upon it.
for approving appropriations for other
Section 20. The records and books of accounts of the departments and agencies.
Congress shall be preserved and be open to the public
in accordance with law, and such books shall be audited 4. A special appropriations bill shall specify the
by the Commission on Audit which shall publish annually purpose for which it is intended, and shall be
an itemized list of amounts paid to and expenses for supported by funds actually available as certified
each Member. by the National Treasurer, or to be raised by a
corresponding revenue proposal therein.
Section 21. The Senate or the House of
Representatives or any of its respective committees may
5. No law shall be passed authorizing any transfer
conduct inquiries in aid of legislation in accordance with
of appropriations; however, the President, the
its duly published rules of procedure. The rights of
President of the Senate, the Speaker of the
persons appearing in, or affected by, such inquiries shall
House of Representatives, the Chief Justice of
be respected.
the Supreme Court, and the heads of
Section 22. The heads of departments may, upon their Constitutional Commissions may, by law, be
own initiative, with the consent of the President, or upon authorized to augment any item in the general
the request of either House, as the rules of each House appropriations law for their respective offices
shall provide, appear before and be heard by such from savings in other items of their respective
House on any matter pertaining to their departments. appropriations.
Written questions shall be submitted to the President of
the Senate or the Speaker of the House of 6. Discretionary funds appropriated for particular
Representatives at least three days before their officials shall be disbursed only for public
scheduled appearance. Interpellations shall not be purposes to be supported by appropriate
limited to written questions, but may cover matters vouchers and subject to such guidelines as may
related thereto. When the security of the State or the be prescribed by law.
public interest so requires and the President so states in
writing, the appearance shall be conducted in executive 7. If, by the end of any fiscal year, the Congress
session. shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the
Section 23. general appropriations law for the preceding
fiscal year shall be deemed re-enacted and shall
1. The Congress, by a vote of two-thirds of both
remain in force and effect until the general
Houses in joint session assembled, voting
appropriations bill is passed by the Congress.
separately, shall have the sole power to declare
the existence of a state of war. Section 26.
1. Every bill passed by the Congress shall 4. No law granting any tax exemption shall be
embrace only one subject which shall be passed without the concurrence of a majority of
expressed in the title thereof. all the Members of the Congress.
Section 29.
2. No bill passed by either House shall become a
law unless it has passed three readings on 1. No money shall be paid out of the Treasury
separate days, and printed copies thereof in its except in pursuance of an appropriation made
final form have been distributed to its Members by law.
three days before its passage, except when the
President certifies to the necessity of its 2. No public money or property shall be
immediate enactment to meet a public calamity appropriated, applied, paid, or employed,
or emergency. Upon the last reading of a bill, no directly or indirectly, for the use, benefit, or
amendment thereto shall be allowed, and the support of any sect, church, denomination,
vote thereon shall be taken immediately sectarian institution, or system of religion, or of
thereafter, and the yeas and nays entered in the any priest, preacher, minister, other religious
Journal. teacher, or dignitary as such, except when such
priest, preacher, minister, or dignitary is
Section 27.
assigned to the armed forces, or to any penal
1. Every bill passed by the Congress shall, before institution, or government orphanage or
it becomes a law, be presented to the President. leprosarium.
If he approves the same he shall sign it;
otherwise, he shall veto it and return the same 3. All money collected on any tax levied for a
with his objections to the House where it special purpose shall be treated as a special
originated, which shall enter the objections at fund and paid out for such purpose only. If the
large in its Journal and proceed to reconsider it. purpose for which a special fund was created
If, after such reconsideration, two-thirds of all the has been fulfilled or abandoned, the balance, if
Members of such House shall agree to pass the any, shall be transferred to the general funds of
bill, it shall be sent, together with the objections, the Government.
to the other House by which it shall likewise be
Section 30. No law shall be passed increasing the
reconsidered, and if approved by two-thirds of all
appellate jurisdiction of the Supreme Court as provided
the Members of that House, it shall become a
in this Constitution without its advice and concurrence.
law. In all such cases, the votes of each House
shall be determined by yeas or nays, and the Section 31. No law granting a title of royalty or nobility
names of the Members voting for or against shall be enacted.
shall be entered in its Journal. The President
shall communicate his veto of any bill to the Section 32. The Congress shall, as early as possible,
House where it originated within thirty days after provide for a system of initiative and referendum, and
the date of receipt thereof, otherwise, it shall the exceptions therefrom, whereby the people can
become a law as if he had signed it. directly propose and enact laws or approve or reject any
act or law or part thereof passed by the Congress or
2. The President shall have the power to veto any local legislative body after the registration of a petition
particular item or items in an appropriation, therefor signed by at least ten per centum of the total
revenue, or tariff bill, but the veto shall not affect number of registered voters, of which every legislative
the item or items to which he does not object. district must be represented by at least three per centum
of the registered voters thereof.
Section 28.
ARTICLE VII
1. The rule of taxation shall be uniform and EXECUTIVE DEPARTMENT
equitable. The Congress shall evolve a
progressive system of taxation. Section 1. The executive power shall be vested in the
President of the Philippines.
2. The Congress may, by law, authorize the
Section 2. No person may be elected President unless
President to fix within specified limits, and
he is a natural-born citizen of the Philippines, a
subject to such limitations and restrictions as it
registered voter, able to read and write, at least forty
may impose, tariff rates, import and export
years of age on the day of the election, and a resident of
quotas, tonnage and wharfage dues, and other
the Philippines for at least ten years immediately
duties or imposts within the framework of the
preceding such election.
national development program of the
Government. Section 3. There shall be a Vice-President who shall
have the same qualifications and term of office and be
3. Charitable institutions, churches and elected with, and in the same manner, as the President.
personages or convents appurtenant thereto, He may be removed from office in the same manner as
mosques, non-profit cemeteries, and all lands, the President.
buildings, and improvements, actually, directly,
The Vice-President may be appointed as a Member of
and exclusively used for religious, charitable, or
the Cabinet. Such appointment requires no confirmation.
educational purposes shall be exempt from
taxation. Section 4. The President and the Vice-President shall
be elected by direct vote of the people for a term of six
years which shall begin at noon on the thirtieth day of
June next following the day of the election and shall end
at noon of the same date, six years thereafter. The If a President shall not have been chosen, the Vice
President shall not be eligible for any re-election. No President-elect shall act as President until a President
person who has succeeded as President and has served shall have been chosen and qualified.
as such for more than four years shall be qualified for
If at the beginning of the term of the President, the
election to the same office at any time.
President-elect shall have died or shall have become
No Vice-President shall serve for more than two permanently disabled, the Vice President-elect shall
successive terms. Voluntary renunciation of the office for become President.
any length of time shall not be considered as an
Where no President and Vice-President shall have been
interruption in the continuity of the service for the full
chosen or shall have qualified, or where both shall have
term for which he was elected.
died or become permanently disabled, the President of
Unless otherwise provided by law, the regular election the Senate or, in case of his inability, the Speaker of the
for President and Vice-President shall be held on the House of Representatives, shall act as President until a
second Monday of May. President or a Vice-President shall have been chosen
and qualified.
The returns of every election for President and Vice-
President, duly certified by the board of canvassers of The Congress shall, by law, provide for the manner in
each province or city, shall be transmitted to the which one who is to act as President shall be selected
Congress, directed to the President of the Senate. Upon until a President or a Vice-President shall have qualified,
receipt of the certificates of canvass, the President of the in case of death, permanent disability, or inability of the
Senate shall, not later than thirty days after the day of officials mentioned in the next preceding paragraph.
the election, open all the certificates in the presence of
Section 8. In case of death, permanent disability,
the Senate and the House of Representatives in joint
removal from office, or resignation of the President, the
public session, and the Congress, upon determination of
Vice-President shall become the President to serve the
the authenticity and due execution thereof in the manner
unexpired term. In case of death, permanent disability,
provided by law, canvass the votes.
removal from office, or resignation of both the President
The person having the highest number of votes shall be and Vice-President, the President of the Senate or, in
proclaimed elected, but in case two or more shall have case of his inability, the Speaker of the House of
an equal and highest number of votes, one of them shall Representatives, shall then act as President until the
forthwith be chosen by the vote of a majority of all the President or Vice-President shall have been elected and
Members of both Houses of the Congress, voting qualified.
separately.
The Congress shall, by law, provide who shall serve as
The Congress shall promulgate its rules for the President in case of death, permanent disability, or
canvassing of the certificates. resignation of the Acting President. He shall serve until
the President or the Vice-President shall have been
The Supreme Court, sitting en banc, shall be the sole
elected and qualified, and be subject to the same
judge of all contests relating to the election, returns, and
restrictions of powers and disqualifications as the Acting
qualifications of the President or Vice-President, and
President.
may promulgate its rules for the purpose.
Section 9. Whenever there is a vacancy in the Office of
Section 5. Before they enter on the execution of their
the Vice-President during the term for which he was
office, the President, the Vice-President, or the Acting
elected, the President shall nominate a Vice-President
President shall take the following oath or affirmation:
from among the Members of the Senate and the House
"I do solemnly swear (or affirm) that I will of Representatives who shall assume office upon
faithfully and conscientiously fulfill my duties as confirmation by a majority vote of all the Members of
President (or Vice-President or Acting President) both Houses of the Congress, voting separately.
of the Philippines, preserve and defend its
Section 10. The Congress shall, at ten o'clock in the
Constitution, execute its laws, do justice to every
morning of the third day after the vacancy in the offices
man, and consecrate myself to the service of the
of the President and Vice-President occurs, convene in
Nation. So help me God." (In case of affirmation,
accordance with its rules without need of a call and
last sentence will be omitted.)
within seven days, enact a law calling for a special
Section 6. The President shall have an official election to elect a President and a Vice-President to be
residence. The salaries of the President and Vice- held not earlier than forty-five days nor later than sixty
President shall be determined by law and shall not be days from the time of such call. The bill calling such
decreased during their tenure. No increase in said special election shall be deemed certified under
compensation shall take effect until after the expiration paragraph 2, Section 26, Article V1 of this Constitution
of the term of the incumbent during which such increase and shall become law upon its approval on third reading
was approved. They shall not receive during their tenure by the Congress. Appropriations for the special election
any other emolument from the Government or any other shall be charged against any current appropriations and
source. shall be exempt from the requirements of paragraph 4,
Section 25, Article V1 of this Constitution. The convening
Section 7. The President-elect and the Vice President- of the Congress cannot be suspended nor the special
elect shall assume office at the beginning of their terms. election postponed. No special election shall be called if
the vacancy occurs within eighteen months before the
If the President-elect fails to qualify, the Vice President-
date of the next presidential election.
elect shall act as President until the President-elect shall
have qualified. Section 11. Whenever the President transmits to the
President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable
to discharge the powers and duties of his office, and until President or Acting President shall not make
he transmits to them a written declaration to the appointments, except temporary appointments to
contrary, such powers and duties shall be discharged by executive positions when continued vacancies therein
the Vice-President as Acting President. will prejudice public service or endanger public safety.
Whenever a majority of all the Members of the Cabinet Section 16. The President shall nominate and, with the
transmit to the President of the Senate and to the consent of the Commission on Appointments, appoint
Speaker of the House of Representatives their written the heads of the executive departments, ambassadors,
declaration that the President is unable to discharge the other public ministers and consuls, or officers of the
powers and duties of his office, the Vice-President shall armed forces from the rank of colonel or naval captain,
immediately assume the powers and duties of the office and other officers whose appointments are vested in him
as Acting President. in this Constitution. He shall also appoint all other
officers of the Government whose appointments are not
Thereafter, when the President transmits to the
otherwise provided for by law, and those whom he may
President of the Senate and to the Speaker of the House
be authorized by law to appoint. The Congress may, by
of Representatives his written declaration that no
law, vest the appointment of other officers lower in rank
inability exists, he shall reassume the powers and duties
in the President alone, in the courts, or in the heads of
of his office. Meanwhile, should a majority of all the
departments, agencies, commissions, or boards.
Members of the Cabinet transmit within five days to the
President of the Senate and to the Speaker of the House The President shall have the power to make
of Representatives, their written declaration that the appointments during the recess of the Congress,
President is unable to discharge the powers and duties whether voluntary or compulsory, but such appointments
of his office, the Congress shall decide the issue. For shall be effective only until disapproved by the
that purpose, the Congress shall convene, if it is not in Commission on Appointments or until the next
session, within forty-eight hours, in accordance with its adjournment of the Congress.
rules and without need of call.
Section 17. The President shall have control of all the
If the Congress, within ten days after receipt of the last executive departments, bureaus, and offices. He shall
written declaration, or, if not in session, within twelve ensure that the laws be faithfully executed.
days after it is required to assemble, determines by a
Section 18. The President shall be the Commander-in-
two-thirds vote of both Houses, voting separately, that
Chief of all armed forces of the Philippines and
the President is unable to discharge the powers and
whenever it becomes necessary, he may call out such
duties of his office, the Vice-President shall act as
armed forces to prevent or suppress lawless violence,
President; otherwise, the President shall continue
invasion or rebellion. In case of invasion or rebellion,
exercising the powers and duties of his office.
when the public safety requires it, he may, for a period
Section 12. In case of serious illness of the President, not exceeding sixty days, suspend the privilege of the
the public shall be informed of the state of his health. writ of habeas corpus or place the Philippines or any part
The members of the Cabinet in charge of national thereof under martial law. Within forty-eight hours from
security and foreign relations and the Chief of Staff of the proclamation of martial law or the suspension of the
the Armed Forces of the Philippines, shall not be denied privilege of the writ of habeas corpus, the President shall
access to the President during such illness. submit a report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at least a
Section 13. The President, Vice-President, the
majority of all its Members in regular or special session,
Members of the Cabinet, and their deputies or assistants
may revoke such proclamation or suspension, which
shall not, unless otherwise provided in this Constitution,
revocation shall not be set aside by the President. Upon
hold any other office or employment during their tenure.
the initiative of the President, the Congress may, in the
They shall not, during said tenure, directly or indirectly,
same manner, extend such proclamation or suspension
practice any other profession, participate in any
for a period to be determined by the Congress, if the
business, or be financially interested in any contract
invasion or rebellion shall persist and public safety
with, or in any franchise, or special privilege granted by
requires it.
the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or The Congress, if not in session, shall, within twenty-four
controlled corporations or their subsidiaries. They shall hours following such proclamation or suspension,
strictly avoid conflict of interest in the conduct of their convene in accordance with its rules without need of a
office. call.
The spouse and relatives by consanguinity or affinity The Supreme Court may review, in an appropriate
within the fourth civil degree of the President shall not, proceeding filed by any citizen, the sufficiency of the
during his tenure, be appointed as Members of the factual basis of the proclamation of martial law or the
Constitutional Commissions, or the Office of the suspension of the privilege of the writ or the extension
Ombudsman, or as Secretaries, Undersecretaries, thereof, and must promulgate its decision thereon within
chairmen or heads of bureaus or offices, including thirty days from its filing.
government-owned or controlled corporations and their
A state of martial law does not suspend the operation of
subsidiaries.
the Constitution, nor supplant the functioning of the civil
Section 14. Appointments extended by an Acting courts or legislative assemblies, nor authorize the
President shall remain effective, unless revoked by the conferment of jurisdiction on military courts and agencies
elected President, within ninety days from his over civilians where civil courts are able to function, nor
assumption or reassumption of office. automatically suspend the privilege of the writ.
Section 19. Except in cases of impeachment, or as 2. All cases involving the constitutionality of a
otherwise provided in this Constitution, the President treaty, international or executive agreement, or
may grant reprieves, commutations, and pardons, and law, which shall be heard by the Supreme Court
remit fines and forfeitures, after conviction by final en banc, and all other cases which under the
judgment. Rules of Court are required to be heard en banc,
including those involving the constitutionality,
He shall also have the power to grant amnesty with the
application, or operation of presidential decrees,
concurrence of a majority of all the Members of the
proclamations, orders, instructions, ordinances,
Congress.
and other regulations, shall be decided with the
Section 20. The President may contract or guarantee concurrence of a majority of the Members who
foreign loans on behalf of the Republic of the Philippines actually took part in the deliberations on the
with the prior concurrence of the Monetary Board, and issues in the case and voted thereon.
subject to such limitations as may be provided by law.
3. Cases or matters heard by a division shall be
The Monetary Board shall, within thirty days from the
decided or resolved with the concurrence of a
end of every quarter of the calendar year, submit to the
majority of the Members who actually took part
Congress a complete report of its decision on
in the deliberations on the issues in the case
applications for loans to be contracted or guaranteed by
and voted thereon, and in no case without the
the Government or government-owned and controlled
concurrence of at least three of such Members.
corporations which would have the effect of increasing
When the required number is not obtained, the
the foreign debt, and containing other matters as may be
case shall be decided en banc: Provided, that no
provided by law.
doctrine or principle of law laid down by the
Section 21. No treaty or international agreement shall court in a decision rendered en banc or in
be valid and effective unless concurred in by at least division may be modified or reversed except by
two-thirds of all the Members of the Senate. the court sitting en banc.
Section 22. The President shall submit to the Congress, Section 5. The Supreme Court shall have the following
within thirty days from the opening of every regular powers:
session as the basis of the general appropriations bill, a
1. Exercise original jurisdiction over cases affecting
budget of expenditures and sources of financing,
ambassadors, other public ministers and
including receipts from existing and proposed revenue
consuls, and over petitions for certiorari,
measures.
prohibition, mandamus, quo warranto, and
Section 23. The President shall address the Congress habeas corpus.
at the opening of its regular session. He may also
appear before it at any other time. 2. Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
ARTICLE VIII Court may provide, final judgments and orders
JUDICIAL DEPARTMENT of lower courts in:
a. All cases in which the constitutionality or
Section 1. The judicial power shall be vested in one
validity of any treaty, international or
Supreme Court and in such lower courts as may be
executive agreement, law, presidential
established by law.
decree, proclamation, order, instruction,
Judicial power includes the duty of the courts of justice ordinance, or regulation is in question.
to settle actual controversies involving rights which are b. All cases involving the legality of any tax,
legally demandable and enforceable, and to determine impost, assessment, or toll, or any penalty
whether or not there has been a grave abuse of imposed in relation thereto.
discretion amounting to lack or excess of jurisdiction on c. All cases in which the jurisdiction of any
the part of any branch or instrumentality of the lower court is in issue.
Government. d. All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
Section 2. The Congress shall have the power to define,
e. All cases in which only an error or question
prescribe, and apportion the jurisdiction of the various
of law is involved.
courts but may not deprive the Supreme Court of its
3. Assign temporarily judges of lower courts to
jurisdiction over cases enumerated in Section 5 hereof.
other stations as public interest may require.
No law shall be passed reorganizing the Judiciary when Such temporary assignment shall not exceed six
it undermines the security of tenure of its Members. months without the consent of the judge
concerned.
Section 3. The Judiciary shall enjoy fiscal autonomy. 4. Order a change of venue or place of trial to
Appropriations for the Judiciary may not be reduced by avoid a miscarriage of justice.
the legislature below the amount appropriated for the 5. Promulgate rules concerning the protection and
previous year and, after approval, shall be automatically enforcement of constitutional rights, pleading,
and regularly released. practice, and procedure in all courts, the
admission to the practice of law, the integrated Section 9. The Members of the Supreme Court and
bar, and legal assistance to the under-privileged. judges of lower courts shall be appointed by the
Such rules shall provide a simplified and President from a list of at least three nominees preferred
inexpensive procedure for the speedy by the Judicial and Bar Council for every vacancy. Such
disposition of cases, shall be uniform for all appointments need no confirmation.
courts of the same grade, and shall not diminish,
For the lower courts, the President shall issued the
increase, or modify substantive rights. Rules of
appointment within ninety days from the submission of
procedure of special courts and quasi-judicial
the list.
bodies shall remain effective unless disapproved
by the Supreme Court. Section 10. The salary of the Chief Justice and of the
6. Appoint all officials and employees of the Associate Justices of the Supreme Court, and of judges
Judiciary in accordance with the Civil Service of lower courts shall be fixed by law. During the
Law. continuance in office, their salary shall not be decreased.
Section 6. The Supreme Court shall have administrative Section 11. The Members of the Supreme Court and
supervision over all courts and the personnel thereof. judges of the lower court shall hold office during good
behavior until they reach the age of seventy years or
Section 7.
become incapacitated to discharge the duties of their
1. No person shall be appointed Member of the office. The Supreme Court en banc shall have the power
Supreme Court or any lower collegiate court to discipline judges of lower courts, or order their
unless he is a natural-born citizen of the dismissal by a vote of majority of the Members who
Philippines. A Member of the Supreme Court actually took part in the deliberations on the issues in the
must be at least forty years of age, and must case and voted in thereon.
have been for fifteen years or more, a judge of a
Section 12. The Members of the Supreme Court and of
lower court or engaged in the practice of law in
other courts established by law shall not be designated
the Philippines.
to any agency performing quasi-judicial or administrative
2. The Congress shall prescribe the qualifications
function.
of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of Section 13. The conclusions of the Supreme Court in
the Philippines and a member of the Philippine any case submitted to it for the decision en banc or in
Bar. division shall be reached in consultation before the case
3. A Member of the Judiciary must be a person of the case assigned to a Member for the writing of the
proven competence, integrity, probity, and opinion of the Court. A certification to this effect signed
independence. by the Chief Justice shall be issued and a copy thereof
attached to the record of the case and served upon the
Section 8.
parties. Any Member who took no part, or dissented, or
1. A Judicial and Bar Council is hereby created abstained from a decision or resolution must state the
under the supervision of the Supreme Court reason therefor. The same requirements shall be
composed of the Chief Justice as ex officio observed by all lower collegiate court.
Chairman, the Secretary of Justice, and a
Section 14. No decision shall be rendered by any court
representative of the Congress as ex officio
without expressing therein clearly and distinctly the facts
Members, a representative of the Integrated Bar,
and the law on which it is based.
a professor of law, a retired Member of the
Supreme Court, and a representative of the No petition for review or motion for reconsideration of a
private sector. decision of the court shall be refused due course or
denied without stating the legal basis therefor.
2. The regular members of the Council shall be
appointed by the President for a term of four Section 15.
years with the consent of the Commission on
1. All cases or matters filed after the effectivity of
Appointments. Of the Members first appointed,
this Constitution must be decided or resolved
the representative of the Integrated Bar shall
within twenty-four months from date of
serve for four years, the professor of law for
submission for the Supreme Court, and, unless
three years, the retired Justice for two years,
reduced by the Supreme Court, twelve months
and the representative of the private sector for
for all lower collegiate courts, and three months
one year.
for all other lower courts.
Section 12. The Ombudsman and his Deputies, as Section 16. No loan, guaranty, or other form of financial
protectors of the people, shall act promptly on accommodation for any business purpose may be
complaints filed in any form or manner against public granted, directly or indirectly, by any government-owned
officials or employees of the Government, or any or controlled bank or financial institution to the President,
subdivision, agency or instrumentality thereof, including the Vice-President, the Members of the Cabinet, the
government-owned or controlled corporations, and shall, Congress, the Supreme Court, and the Constitutional
in appropriate cases, notify the complainants of the Commissions, the Ombudsman, or to any firm or entity
action taken and the result thereof. in which they have controlling interest, during their
tenure.
Section 13. The Office of the Ombudsman shall have
the following powers, functions, and duties: Section 17. A public officer or employee shall, upon
assumption of office and as often thereafter as may be
1. Investigate on its own, or on complaint by any required by law, submit a declaration under oath of his
person, any act or omission of any public official, assets, liabilities, and net worth. In the case of the
employee, office or agency, when such act or President, the Vice-President, the Members of the
omission appears to be illegal, unjust, improper, Cabinet, the Congress, the Supreme Court, the
or inefficient. Constitutional Commissions and other constitutional
offices, and officers of the armed forces with general or
2. Direct, upon complaint or at its own instance, flag rank, the declaration shall be disclosed to the public
any public official or employee of the in the manner provided by law.
Government, or any subdivision, agency or
instrumentality thereof, as well as of any Section 18. Public officers and employees owe the
government-owned or controlled corporation State and this Constitution allegiance at all times and
with original charter, to perform and expedite any public officer or employee who seeks to change his
any act or duty required by law, or to stop, citizenship or acquire the status of an immigrant of
prevent, and correct any abuse or impropriety in another country during his tenure shall be dealt with by
the performance of duties. law.
ARTICLE XII
3. Direct the officer concerned to take appropriate
NATIONAL ECONOMY AND PATRIMONY
action against a public official or employee at
fault, and recommend his removal, suspension, Section 1. The goals of the national economy are a
demotion, fine, censure, or prosecution, and more equitable distribution of opportunities, income, and
ensure compliance therewith. wealth; a sustained increase in the amount of goods and
services produced by the nation for the benefit of the
4. Direct the officer concerned, in any appropriate people; and an expanding productivity as the key to
case, and subject to such limitations as may be raising the quality of life for all, especially the
provided by law, to furnish it with copies of underprivileged.
documents relating to contracts or transactions
The State shall promote industrialization and full
entered into by his office involving the
employment based on sound agricultural development
disbursement or use of public funds or
and agrarian reform, through industries that make full of
properties, and report any irregularity to the
efficient use of human and natural resources, and which
Commission on Audit for appropriate action.
are competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy which may be acquired, developed, held, or leased and
and all region s of the country shall be given optimum the conditions therefor.
opportunity to develop. Private enterprises, including
Section 4. The Congress shall, as soon as possible,
corporations, cooperatives, and similar collective
determine, by law, the specific limits of forest lands and
organizations, shall be encouraged to broaden the base
national parks, marking clearly their boundaries on the
of their ownership.
ground. Thereafter, such forest lands and national parks
Section 2. All lands of the public domain, waters, shall be conserved and may not be increased nor
minerals, coal, petroleum, and other mineral oils, all diminished, except by law. The Congress shall provide
forces of potential energy, fisheries, forests or timber, for such period as it may determine, measures to
wildlife, flora and fauna, and other natural resources are prohibit logging in endangered forests and watershed
owned by the State. With the exception of agricultural areas.
lands, all other natural resources shall not be alienated.
Section 5. The State, subject to the provisions of this
The exploration, development, and utilization of natural
Constitution and national development policies and
resources shall be under the full control and supervision
programs, shall protect the rights of indigenous cultural
of the State. The State may directly undertake such
communities to their ancestral lands to ensure their
activities, or it may enter into co-production, joint
economic, social, and cultural well-being.
venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least 60 per The Congress may provide for the applicability of
centum of whose capital is owned by such citizens. Such customary laws governing property rights or relations in
agreements may be for a period not exceeding twenty- determining the ownership and extent of ancestral
five years, renewable for not more than twenty-five domain.
years, and under such terms and conditions as may
provided by law. In cases of water rights for irrigation, Section 6. The use of property bears a social function,
water supply, fisheries, or industrial uses other than the and all economic agents shall contribute to the common
development of waterpower, beneficial use may be the good. Individuals and private groups, including
measure and limit of the grant. corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and
The State shall protect the nations marine wealth in its operate economic enterprises, subject to the duty of the
archipelagic waters, territorial sea, and exclusive State to promote distributive justice and to intervene
economic zone, and reserve its use and enjoyment when the common good so demands.
exclusively to Filipino citizens.
Section 7. Save in cases of hereditary succession, no
The Congress may, by law, allow small-scale utilization private lands shall be transferred or conveyed except to
of natural resources by Filipino citizens, as well as individuals, corporations, or associations qualified to
cooperative fish farming, with priority to subsistence acquire or hold lands of the public domain.
fishermen and fish workers in rivers, lakes, bays, and
lagoons. Section 8. Notwithstanding the provisions of Section 7
of this Article, a natural-born citizen of the Philippines
The President may enter into agreements with foreign- who has lost his Philippine citizenship may be a
owned corporations involving either technical or financial transferee of private lands, subject to limitations
assistance for large-scale exploration, development, and provided by law.
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided Section 9. The Congress may establish an independent
by law, based on real contributions to the economic economic and planning agency headed by the President,
growth and general welfare of the country. In such which shall, after consultations with the appropriate
agreements, the State shall promote the development public agencies, various private sectors, and local
and use of local scientific and technical resources. government units, recommend to Congress, and
implement continuing integrated and coordinated
The President shall notify the Congress of every contract programs and policies for national development.
entered into in accordance with this provision, within
thirty days from its execution. Until the Congress provides otherwise, the National
Economic and Development Authority shall function as
Section 3. Lands of the public domain are classified into the independent planning agency of the government.
agricultural, forest or timber, mineral lands and national
parks. Agricultural lands of the public domain may be Section 10. The Congress shall, upon recommendation
further classified by law according to the uses to which of the economic and planning agency, when the national
they may be devoted. Alienable lands of the public interest dictates, reserve to citizens of the Philippines or
domain shall be limited to agricultural lands. Private to corporations or associations at least sixty per centum
corporations or associations may not hold such alienable of whose capital is owned by such citizens, or such
lands of the public domain except by lease, for a period higher percentage as Congress may prescribe, certain
not exceeding twenty-five years, renewable for not more areas of investments. The Congress shall enact
than twenty-five years, and not to exceed one thousand measures that will encourage the formation and
hectares in area. Citizens of the Philippines may lease operation of enterprises whose capital is wholly owned
not more than five hundred hectares, or acquire not by Filipinos.
more than twelve hectares thereof, by purchase,
In the grant of rights, privileges, and concessions
homestead, or grant.
covering the national economy and patrimony, the State
Taking into account the requirements of conservation, shall give preference to qualified Filipinos.
ecology, and development, and subject to the
The State shall regulate and exercise authority over
requirements of agrarian reform, the Congress shall
foreign investments within its national jurisdiction and in
determine, by law, the size of lands of the public domain
accordance with its national goals and priorities.
Section 11. No franchise, certificate, or any other form majority of whom shall come from the private sector.
of authorization for the operation of a public utility shall They shall also be subject to such other qualifications
be granted except to citizens of the Philippines or to and disabilities as may be prescribed by law. The
corporations or associations organized under the laws of authority shall provide policy direction in the areas of
the Philippines, at least sixty per centum of whose money, banking, and credit. It shall have supervision
capital is owned by such citizens; nor shall such over the operations of banks and exercise such
franchise, certificate, or authorization be exclusive in regulatory powers as may be provided by law over the
character or for a longer period than fifty years. Neither operations of finance companies and other institutions
shall any such franchise or right be granted except under performing similar functions.
the condition that it shall be subject to amendment,
Until the Congress otherwise provides, the Central Bank
alteration, or repeal by the Congress when the common
of the Philippines operating under existing laws, shall
good so requires. The State shall encourage equity
function as the central monetary authority.
participation in public utilities by the general public. The
participation of foreign investors in the governing body of Section 21. Foreign loans may only be incurred in
any public utility enterprise shall be limited to their accordance with law and the regulation of the monetary
proportionate share in its capital, and all the executive authority. Information on foreign loans obtained or
and managing officers of such corporation or association guaranteed by the Government shall be made available
must be citizens of the Philippines. to the public.
Section 12. The State shall promote the preferential use Section 22. Acts which circumvent or negate any of the
of Filipino labor, domestic materials and locally produced provisions of this Article shall be considered inimical to
goods, and adopt measures that help make them the national interest and subject to criminal and civil
competitive. sanctions, as may be provided by law.
Section 13. The State shall pursue a trade policy that ARTICLE XIII
serves the general welfare and utilizes all forms and SOCIAL JUSTICE AND HUMAN RIGHTS
arrangements of exchange on the basis of equality and
reciprocity. Section 1. The Congress shall give highest priority to
the enactment of measures that protect and enhance the
Section 14. The sustained development of a reservoir of right of all the people to human dignity, reduce social,
national talents consisting of Filipino scientists, economic, and political inequalities, and remove cultural
entrepreneurs, professionals, managers, high-level inequities by equitably diffusing wealth and political
technical manpower and skilled workers and craftsmen power for the common good.
in all fields shall be promoted by the State. The State
shall encourage appropriate technology and regulate its To this end, the State shall regulate the acquisition,
transfer for the national benefit. The practice of all ownership, use, and disposition of property and its
professions in the Philippines shall be limited to Filipino increments.
citizens, save in cases prescribed by law.
Section 2. The promotion of social justice shall include
Section 15. The Congress shall create an agency to the commitment to create economic opportunities based
promote the viability and growth of cooperatives as on freedom of initiative and self-reliance.
instruments for social justice and economic
LABOR
development.
Section 3. The State shall afford full protection to labor,
Section 16. The Congress shall not, except by general
local and overseas, organized and unorganized, and
law, provide for the formation, organization, or regulation
promote full employment and equality of employment
of private corporations. Government-owned or controlled
opportunities for all.
corporations may be created or established by special
charters in the interest of the common good and subject It shall guarantee the rights of all workers to self-
to the test of economic viability. organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike
Section 17. In times of national emergency, when the
in accordance with law. They shall be entitled to security
public interest so requires, the State may, during the
of tenure, humane conditions of work, and a living wage.
emergency and under reasonable terms prescribed by it,
They shall also participate in policy and decision-making
temporarily take over or direct the operation of any
processes affecting their rights and benefits as may be
privately-owned public utility or business affected with
provided by law.
public interest.
The State shall promote the principle of shared
Section 18. The State may, in the interest of national
responsibility between workers and employers and the
welfare or defense, establish and operate vital industries
preferential use of voluntary modes in settling disputes,
and, upon payment of just compensation, transfer to
including conciliation, and shall enforce their mutual
public ownership utilities and other private enterprises to
compliance therewith to foster industrial peace.
be operated by the Government.
The State shall regulate the relations between workers
Section 19. The State shall regulate or prohibit
and employers, recognizing the right of labor to its just
monopolies when the public interest so requires. No
share in the fruits of production and the right of
combinations in restraint of trade or unfair competition
enterprises to reasonable returns to investments, and to
shall be allowed.
expansion and growth.
Section 20. The Congress shall establish an
AGRARIAN AND NATURAL RESOURCES REFORM
independent central monetary authority, the members of
whose governing board must be natural-born Filipino Section 4. The State shall, by law, undertake an
citizens, of known probity, integrity, and patriotism, the agrarian reform program founded on the right of farmers
and regular farmworkers who are landless, to own No resettlement of urban or rural dwellers shall be
directly or collectively the lands they till or, in the case of undertaken without adequate consultation with them and
other farmworkers, to receive a just share of the fruits the communities where they are to be relocated.
thereof. To this end, the State shall encourage and
HEALTH
undertake the just distribution of all agricultural lands,
subject to such priorities and reasonable retention limits Section 11. The State shall adopt an integrated and
as the Congress may prescribe, taking into account comprehensive approach to health development which
ecological, developmental, or equity considerations, and shall endeavor to make essential goods, health and
subject to the payment of just compensation. In other social services available to all the people at
determining retention limits, the State shall respect the affordable cost. There shall be priority for the needs of
right of small landowners. The State shall further provide the under-privileged, sick, elderly, disabled, women, and
incentives for voluntary land-sharing. children. The State shall endeavor to provide free
medical care to paupers.
Section 5. The State shall recognize the right of
farmers, farmworkers, and landowners, as well as Section 12. The State shall establish and maintain an
cooperatives, and other independent farmers' effective food and drug regulatory system and undertake
organizations to participate in the planning, organization, appropriate health, manpower development, and
and management of the program, and shall provide research, responsive to the country's health needs and
support to agriculture through appropriate technology problems.
and research, and adequate financial, production,
marketing, and other support services. Section 13. The State shall establish a special agency
for disabled person for their rehabilitation, self-
Section 6. The State shall apply the principles of development, and self-reliance, and their integration into
agrarian reform or stewardship, whenever applicable in the mainstream of society.
accordance with law, in the disposition or utilization of
other natural resources, including lands of the public
domain under lease or concession suitable to
WOMEN
agriculture, subject to prior rights, homestead rights of
small settlers, and the rights of indigenous communities Section 14. The State shall protect working women by
to their ancestral lands. The State may resettle landless providing safe and healthful working conditions, taking
farmers and farmworkers in its own agricultural estates into account their maternal functions, and such facilities
which shall be distributed to them in the manner and opportunities that will enhance their welfare and
provided by law. enable them to realize their full potential in the service of
the nation.
Section 7. The State shall protect the rights of
subsistence fishermen, especially of local communities, ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
to the preferential use of the communal marine and
Section 15. The State shall respect the role of
fishing resources, both inland and offshore. It shall
independent people's organizations to enable the people
provide support to such fishermen through appropriate
to pursue and protect, within the democratic framework,
technology and research, adequate financial, production,
their legitimate and collective interests and aspirations
and marketing assistance, and other services. The State
through peaceful and lawful means.
shall also protect, develop, and conserve such
resources. The protection shall extend to offshore fishing People's organizations are bona fide associations of
grounds of subsistence fishermen against foreign citizens with demonstrated capacity to promote the
intrusion. Fishworkers shall receive a just share from public interest and with identifiable leadership,
their labor in the utilization of marine and fishing membership, and structure.
resources.
Section 16. The right of the people and their
Section 8. The State shall provide incentives to organizations to effective and reasonable participation at
landowners to invest the proceeds of the agrarian reform all levels of social, political, and economic decision-
program to promote industrialization, employment making shall not be abridged. The State shall, by law,
creation, and privatization of public sector enterprises. facilitate the establishment of adequate consultation
Financial instruments used as payment for their lands mechanisms.
shall be honored as equity in enterprises of their choice.
HUMAN RIGHTS
URBAN LAND REFORM AND HOUSING
Section 17.
Section 9. The State shall, by law, and for the common
good, undertake, in cooperation with the private sector, a 1. There is hereby created an independent office
continuing program of urban land reform and housing called the Commission on Human Rights.
which will make available at affordable cost, decent
housing and basic services to under-privileged and 2. The Commission shall be composed of a
homeless citizens in urban centers and resettlement Chairman and four Members who must be
areas. It shall also promote adequate employment natural-born citizens of the Philippines and a
opportunities to such citizens. In the implementation of majority of whom shall be members of the Bar.
such program the State shall respect the rights of small The term of office and other qualifications and
property owners. disabilities of the Members of the Commission
shall be provided by law.
Section 10. Urban or rural poor dwellers shall not be
evicted nor their dwelling demolished, except in 3. Until this Commission is constituted, the existing
accordance with law and in a just and humane manner. Presidential Committee on Human Rights shall
continue to exercise its present functions and take appropriate steps to make such education
powers. accessible to all.
4. The State shall enhance the right of teachers to Section 13. The State shall protect and secure the
professional advancement. Non-teaching exclusive rights of scientists, inventors, artists, and other
academic and non-academic personnel shall gifted citizens to their intellectual property and creations,
enjoy the protection of the State. particularly when beneficial to the people, for such
period as may be provided by law.
5. The State shall assign the highest budgetary
ARTS AND CULTURE
priority to education and ensure that teaching
will attract and retain its rightful share of the best Section 14. The State shall foster the preservation,
available talents through adequate remuneration enrichment, and dynamic evolution of a Filipino national
and other means of job satisfaction and culture based on the principle of unity in diversity in a
fulfillment. climate of free artistic and intellectual expression.
LANGUAGE Section 15. Arts and letters shall enjoy the patronage of
the State. The State shall conserve, promote, and
Section 6. The national language of the Philippines is
popularize the nation's historical and cultural heritage
Filipino. As it evolves, it shall be further developed and
and resources, as well as artistic creations.
enriched on the basis of existing Philippine and other
languages. Section 16. All the country's artistic and historic wealth
constitutes the cultural treasure of the nation and shall
Subject to provisions of law and as the Congress may
be under the protection of the State which may regulate
deem appropriate, the Government shall take steps to
its disposition.
initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in Section 17. The State shall recognize, respect, and
the educational system. protect the rights of indigenous cultural communities to
preserve and develop their cultures, traditions, and
institutions. It shall consider these rights in the Section 2. The Congress may, by law, adopt a new
formulation of national plans and policies. name for the country, a national anthem, or a national
seal, which shall all be truly reflective and symbolic of
Section 18.
the ideals, history, and traditions of the people. Such law
1. The State shall ensure equal access to shall take effect only upon its ratification by the people in
cultural opportunities through the educational a national referendum.
system, public or private cultural entities,
Section 3. The State may not be sued without its
scholarships, grants and other incentives, and
consent.
community cultural centers, and other public
venues. Section 4. The Armed Forces of the Philippines shall be
composed of a citizen armed force which shall undergo
2. The State shall encourage and support
military training and serve as may be provided by law. It
researches and studies on the arts and culture.
shall keep a regular force necessary for the security of
SPORTS the State.
1. The State shall promote physical education and 1. All members of the armed forces shall take an
encourage sports programs, league oath or affirmation to uphold and defend this
competitions, and amateur sports, including Constitution.
training for international competitions, to foster
self-discipline, teamwork, and excellence for the 2. The State shall strengthen the patriotic spirit and
development of a healthy and alert citizenry. nationalist consciousness of the military, and
respect for people's rights in the performance of
2. All educational institutions shall undertake their duty.
regular sports activities throughout the country in
cooperation with athletic clubs and other 3. Professionalism in the armed forces and
sectors. adequate remuneration and benefits of its
members shall be a prime concern of the State.
The armed forces shall be insulated from
ARTICLE XV partisan politics. No member of the military shall
THE FAMILY engage, directly or indirectly, in any partisan
political activity, except to vote.
Section 1. The State recognizes the Filipino family as
the foundation of the nation. Accordingly, it shall
4. No member of the armed forces in the active
strengthen its solidarity and actively promote its total
service shall, at any time, be appointed or
development.
designated in any capacity to a civilian position
Section 2. Marriage, as an inviolable social institution, is in the Government, including government-owned
the foundation of the family and shall be protected by the or controlled corporations or any of their
State. subsidiaries.
Section 3. The State shall defend: 5. Laws on retirement of military officers shall not
allow extension of their service.
1. The right of spouses to found a family in
accordance with their religious convictions and
6. The officers and men of the regular force of the
the demands of responsible parenthood;
armed forces shall be recruited proportionately
from all provinces and cities as far as
2. The right of children to assistance, including
practicable.
proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty,
7. The tour of duty of the Chief of Staff of the
exploitation and other conditions prejudicial to
armed forces shall not exceed three years.
their development;
However, in times of war or other national
emergency declared by the Congress, the
The right of the family to a family living wage
President may extend such tour of duty.
and income; and
Section 6. The State shall establish and maintain one
3. The right of families or family associations to police force, which shall be national in scope and civilian
participate in the planning and implementation of in character, to be administered and controlled by a
policies and programs that affect them. national police commission. The authority of local
executives over the police units in their jurisdiction shall
Section 4. The family has the duty to care for its elderly
be provided by law.
members but the State may also do so through just
programs of social security. Section 7. The State shall provide immediate and
adequate care, benefits, and other forms of assistance
ARTICLE XVI
GENERAL PROVISIONS to war veterans and veterans of military campaigns, their
surviving spouses and orphans. Funds shall be provided
Section 1. The flag of the Philippines shall be red, white, therefor and due consideration shall be given them in the
and blue, with a sun and three stars, as consecrated and disposition of agricultural lands of the public domain and,
honored by the people and recognized by law. in appropriate cases, in the utilization of natural
resources.
Section 8. The State shall, from time to time, review to majority vote of all its Members, submit to the electorate
increase the pensions and other benefits due to retirees the question of calling such a convention.
of both the government and the private sectors.
Section 4. Any amendment to, or revision of, this
Section 9. The State shall protect consumers from trade Constitution under Section 1 hereof shall be valid when
malpractices and from substandard or hazardous ratified by a majority of the votes cast in a plebiscite
products. which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment
Section 10. The State shall provide the policy
or revision.
environment for the full development of Filipino capability
and the emergence of communication structures suitable Any amendment under Section 2 hereof shall be valid
to the needs and aspirations of the nation and the when ratified by a majority of the votes cast in a
balanced flow of information into, out of, and across the plebiscite which shall be held not earlier than sixty days
country, in accordance with a policy that respects the nor later than ninety days after the certification by the
freedom of speech and of the press. Commission on Elections of the sufficiency of the
petition.
Section 11.
ARTICLE XVIII
1. The ownership and management of mass media
TRANSITORY PROVISIONS
shall be limited to citizens of the Philippines, or
to corporations, cooperatives or associations, Section 1. The first elections of Members of the
wholly-owned and managed by such citizens. Congress under this Constitution shall be held on the
second Monday of May, 1987.
The Congress shall regulate or prohibit
monopolies in commercial mass media when the The first local elections shall be held on a date to be
public interest so requires. No combinations in determined by the President, which may be
restraint of trade or unfair competition therein simultaneous with the election of the Members of the
shall be allowed. Congress. It shall include the election of all Members of
the city or municipal councils in the Metropolitan Manila
2. The advertising industry is impressed with public
area.
interest, and shall be regulated by law for the
protection of consumers and the promotion of Section 2. The Senators, Members of the House of
the general welfare. Representatives, and the local officials first elected
under this Constitution shall serve until noon of June 30,
Only Filipino citizens or corporations or
1992.
associations at least seventy per centum of the
capital of which is owned by such citizens shall Of the Senators elected in the elections in 1992, the first
be allowed to engage in the advertising industry. twelve obtaining the highest number of votes shall serve
for six years and the remaining twelve for three years.
The participation of foreign investors in the
governing body of entities in such industry shall Section 3. All existing laws, decrees, executive orders,
be limited to their proportionate share in the proclamations, letters of instructions, and other
capital thereof, and all the executive and executive issuances not inconsistent with this
managing officers of such entities must be Constitution shall remain operative until amended,
citizens of the Philippines. repealed, or revoked.
Section 12. The Congress may create a consultative Section 4. All existing treaties or international
body to advise the President on policies affecting agreements which have not been ratified shall not be
indigenous cultural communities, the majority of the renewed or extended without the concurrence of at least
members of which shall come from such communities. two-thirds of all the Members of the Senate.
Section 10. All courts existing at the time of the Section 18. At the earliest possible time, the
ratification of this Constitution shall continue to exercise Government shall increase the salary scales of the other
their jurisdiction, until otherwise provided by law. The officials and employees of the National Government.
provisions of the existing Rules of Court, judiciary acts,
Section 19. All properties, records, equipment,
and procedural laws not inconsistent with this
buildings, facilities, and other assets of any office or
Constitution shall remain operative unless amended or
body abolished or reorganized under Proclamation No. 3
repealed by the Supreme Court or the Congress.
dated March 25, 1986 or this Constitution shall be
Section 11. The incumbent Members of the Judiciary transferred to the office or body to which its powers,
shall continue in office until they reach the age of functions, and responsibilities substantially pertain.
seventy years or become incapacitated to discharge the
Section 20. The first Congress shall give priority to the
duties of their office or are removed for cause.
determination of the period for the full implementation of
Section 12. The Supreme Court shall, within one year free public secondary education.
after the ratification of this Constitution, adopt a
Section 21. The Congress shall provide efficacious
systematic plan to expedite the decision or resolution of
procedures and adequate remedies for the reversion to
cases or matters pending in the Supreme Court or the
the State of all lands of the public domain and real rights
lower courts prior to the effectivity of this Constitution. A
connected therewith which were acquired in violation of
similar plan shall be adopted for all special courts and
the Constitution or the public land laws, or through
quasi-judicial bodies.
corrupt practices. No transfer or disposition of such
Section 13. The legal effect of the lapse, before the lands or real rights shall be allowed until after the lapse
ratification of this Constitution, of the applicable period of one year from the ratification of this Constitution.
for the decision or resolution of the cases or matters
Section 22. At the earliest possible time, the
submitted for adjudication by the courts, shall be
Government shall expropriate idle or abandoned
determined by the Supreme Court as soon as
agricultural lands as may be defined by law, for
practicable.
distribution to the beneficiaries of the agrarian reform
Section 14. The provisions of paragraphs (3) and (4), program.
Section 15 of Article VIII of this Constitution shall apply
Section 23. Advertising entities affected by paragraph
to cases or matters filed before the ratification of this
(2), Section 11 of Article XV1 of this Constitution shall
Constitution, when the applicable period lapses after
have five years from its ratification to comply on a
such ratification.
graduated and proportionate basis with the minimum
Section 15. The incumbent Members of the Civil Service Filipino ownership requirement therein.
Commission, the Commission on Elections, and the
Section 24. Private armies and other armed groups not
Commission on Audit shall continue in office for one year
recognized by duly constituted authority shall be
after the ratification of this Constitution, unless they are
dismantled. All paramilitary forces including Civilian
sooner removed for cause or become incapacitated to
Home Defense Forces not consistent with the citizen
discharge the duties of their office or appointed to a new
armed force established in this Constitution, shall be
term thereunder. In no case shall any Member serve
dissolved or, where appropriate, converted into the
longer than seven years including service before the
regular force.
ratification of this Constitution.
Section 25. After the expiration in 1991 of the
Section 16. Career civil service employees separated
Agreement between the Republic of the Philippines and
from the service not for cause but as a result of the
the United States of America concerning military bases,
reorganization pursuant to Proclamation No. 3 dated
foreign military bases, troops, or facilities shall not be
March 25, 1986 and the reorganization following the
allowed in the Philippines except under a treaty duly
ratification of this Constitution shall be entitled to
concurred in by the Senate and, when the Congress so
appropriate separation pay and to retirement and other
requires, ratified by a majority of the votes cast by the
benefits accruing to them under the laws of general
people in a national referendum held for that purpose,
application in force at the time of their separation. In lieu
and recognized as a treaty by the other contracting
thereof, at the option of the employees, they may be
State.
considered for employment in the Government or in any
of its subdivisions, instrumentalities, or agencies, Section 26. The authority to issue sequestration or
including government-owned or controlled corporations freeze orders under Proclamation No. 3 dated March 25,
and their subsidiaries. This provision also applies to 1986 in relation to the recovery of ill-gotten wealth shall
career officers whose resignation, tendered in line with remain operative for not more than eighteen months
the existing policy, had been accepted. after the ratification of this Constitution. However, in the
national interest, as certified by the President, the
Section 17. Until the Congress provides otherwise, the
Congress may extend such period.
President shall receive an annual salary of three
hundred thousand pesos; the Vice-President, the A sequestration or freeze order shall be issued only
President of the Senate, the Speaker of the House of upon showing of a prima facie case. The order and the
Representatives, and the Chief Justice of the Supreme list of the sequestered or frozen properties shall forthwith
Court, two hundred forty thousand pesos each; the be registered with the proper court. For orders issued
Senators, the Members of the House of before the ratification of this Constitution, the
Representatives, the Associate Justices of the Supreme corresponding judicial action or proceeding shall be filed
within six months from its ratification. For those issued
after such ratification, the judicial action or proceeding
shall be commenced within six months from the
issuance thereof.