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1987 PH Constitution

constitution
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0% found this document useful (0 votes)
35 views25 pages

1987 PH Constitution

constitution
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1987 PHILIPPINE CONSTITUTION Section 9.

The State shall promote a just and dynamic


social order that will ensure the prosperity and
PREAMBLE independence of the nation and free the people from
poverty through policies that provide adequate social
We, the sovereign Filipino people, imploring the
services, promote full employment, a rising standard of
aid of Almighty God, in order to build a just and humane
living, and an improved quality of life for all.
society, and establish a Government that shall embody
our ideals and aspirations, promote the common good, Section 10. The State shall promote social justice in all
conserve and develop our patrimony, and secure to phases of national development.
ourselves and our posterity, the blessings of
Section 11. The State values the dignity of every human
independence and democracy under the rule of law and
person and guarantees full respect for human rights.
a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution. Section 12. The State recognizes the sanctity of family
life and shall protect and strengthen the family as a basic
ARTICLE I
autonomous social institution. It shall equally protect the
NATIONAL TERRITORY
life of the mother and the life of the unborn from
The national territory comprises the Philippine conception. The natural and primary right and duty of
archipelago, with all the islands and waters embraced parents in the rearing of the youth for civic efficiency and
therein, and all other territories over which the the development of moral character shall receive the
Philippines has sovereignty or jurisdiction, consisting of support of the Government.
its terrestrial, fluvial and aerial domains, including its
Section 13. The State recognizes the vital role of the
territorial sea, the seabed, the subsoil, the insular
youth in nation-building and shall promote and protect
shelves, and other submarine areas. The waters around,
their physical, moral, spiritual, intellectual, and social
between, and connecting the islands of the archipelago,
well-being. It shall inculcate in the youth patriotism and
regardless of their breadth and dimensions, form part of
nationalism, and encourage their involvement in public
the internal waters of the Philippines.
and civic affairs.
ARTICLE II
Section 14. The State recognizes the role of women in
DECLARATION OF PRINCIPLES AND STATE
nation-building, and shall ensure the fundamental
POLICIES PRINCIPLES
equality before the law of women and men.
Section 1. The Philippines is a democratic and
Section 15. The State shall protect and promote the
republican State. Sovereignty resides in the people and
right to health of the people and instill health
all government authority emanates from them.
consciousness among them.
Section 2. The Philippines renounces war as an
Section 16. The State shall protect and advance the
instrument of national policy, adopts the generally
right of the people to a balanced and healthful ecology in
accepted principles of international law as part of the law
accord with the rhythm and harmony of nature.
of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations. Section 17. The State shall give priority to education,
science and technology, arts, culture, and sports to
Section 3. Civilian authority is, at all times, supreme
foster patriotism and nationalism, accelerate social
over the military. The Armed Forces of the Philippines is
progress, and promote total human liberation and
the protector of the people and the State. Its goal is to
development.
secure the sovereignty of the State and the integrity of
the national territory. Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
Section 4. The prime duty of the Government is to serve
promote their welfare.
and protect the people. The Government may call upon
the people to defend the State and, in the fulfillment Section 19. The State shall develop a self-reliant and
thereof, all citizens may be required, under conditions independent national economy effectively controlled by
provided by law, to render personal, military or civil Filipinos.
service.
Section 20. The State recognizes the indispensable role
Section 5. The maintenance of peace and order, the of the private sector, encourages private enterprise, and
protection of life, liberty, and property, and promotion of provides incentives to needed investments.
the general welfare are essential for the enjoyment by all
the people of the blessings of democracy. Section 21. The State shall promote comprehensive
rural development and agrarian reform.
Section 6. The separation of Church and State shall be
inviolable. Section 22. The State recognizes and promotes the
rights of indigenous cultural communities within the
STATE POLICIES framework of national unity and development.
Section 7. The State shall pursue an independent Section 23. The State shall encourage non-
foreign policy. In its relations with other states, the governmental, community-based, or sectoral
paramount consideration shall be national sovereignty, organizations that promote the welfare of the nation.
territorial integrity, national interest, and the right to self-
determination. Section 24. The State recognizes the vital role of
communication and information in nation-building.
Section 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from Section 25. The State shall ensure the autonomy of
nuclear weapons in its territory. local governments.
Section 26. The State shall guarantee equal access to Section 9. Private property shall not be taken for public
opportunities for public service and prohibit political use without just compensation.
dynasties as may be defined by law.
Section 10. No law impairing the obligation of contracts
Section 27. The State shall maintain honesty and shall be passed.
integrity in the public service and take positive and
Section 11. Free access to the courts and quasi-judicial
effective measures against graft and corruption.
bodies and adequate legal assistance shall not be
Section 28. Subject to reasonable conditions prescribed denied to any person by reason of poverty.
by law, the State adopts and implements a policy of full
Section 12.
public disclosure of all its transactions involving public
interest. 1. Any person under investigation for the
commission of an offense shall have the right to
ARTICLE III
be informed of his right to remain silent and to
BILL OF RIGHTS
have competent and independent counsel
Section 1. No person shall be deprived of life, liberty, or preferably of his own choice. If the person
property without due process of law, nor shall any cannot afford the services of counsel, he must
person be denied the equal protection of the laws. be provided with one. These rights cannot be
waived except in writing and in the presence of
Section 2. The right of the people to be secure in their
counsel.
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature
2. No torture, force, violence, threat, intimidation,
and for any purpose shall be inviolable, and no search
or any other means which vitiate the free will
warrant or warrant of arrest shall issue except upon
shall be used against him. Secret detention
probable cause to be determined personally by the judge
places, solitary, incommunicado, or other similar
after examination under oath or affirmation of the
forms of detention are prohibited.
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
3. Any confession or admission obtained in
persons or things to be seized.
violation of this or Section 17 hereof shall be
Section 3. inadmissible in evidence against him.

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 18. Section 1. Suffrage may be exercised by all citizens of


the Philippines, not otherwise disqualified by law, who
1. No person shall be detained solely by reason of
are at least eighteen years of age, and who shall have
his political beliefs and aspirations.
resided in the Philippines for at least one year and in the
place wherein they propose to vote, for at least six
2. No involuntary servitude in any form shall exist
months immediately preceding the election. No literacy,
except as a punishment for a crime whereof the
property, or other substantive requirement shall be
party shall have been duly convicted.
imposed on the exercise of suffrage.
Section 19.
Section 2. The Congress shall provide a system for
1. Excessive fines shall not be imposed, nor cruel, securing the secrecy and sanctity of the ballot as well as
degrading or inhuman punishment inflicted. a system for absentee voting by qualified Filipinos
Neither shall death penalty be imposed, unless, abroad.
for compelling reasons involving heinous crimes,
The Congress shall also design a procedure for the
the Congress hereafter provides for it. Any death
disabled and the illiterates to vote without the assistance
penalty already imposed shall be reduced to
of other persons. Until then, they shall be allowed to vote
reclusion perpetua.
under existing laws and such rules as the Commission
on Elections may promulgate to protect the secrecy of
2. The employment of physical, psychological, or
the ballot.
degrading punishment against any prisoner or
detainee or the use of substandard or ARTICLE VI
inadequate penal facilities under subhuman THE LEGISLATIVE DEPARTMENT
conditions shall be dealt with by law.
Section 1. The legislative power shall be vested in the
Section 20. No person shall be imprisoned for debt or Congress of the Philippines which shall consist of a
non-payment of a poll tax. Senate and a House of Representatives, except to the
extent reserved to the people by the provision on
Section 21. No person shall be twice put in jeopardy of
initiative and referendum.
punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under Section 2. The Senate shall be composed of twenty-four
either shall constitute a bar to another prosecution for Senators who shall be elected at large by the qualified
the same act. voters of the Philippines, as may be provided by law.

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 15. Two months immediately before the next


presidential elections and up to the end of his term, a
The suspension of the privilege of the writ shall apply Section 4.
only to persons judicially charged for rebellion or
1. The Supreme Court shall be composed of a
offenses inherent in or directly connected with invasion.
Chief Justice and fourteen Associate Justices. It
During the suspension of the privilege of the writ, any may sit en banc or in its discretion, in division of
person thus arrested or detained shall be judicially three, five, or seven Members. Any vacancy
charged within three days, otherwise he shall be shall be filled within ninety days from the
released. occurrence thereof.

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.

3. The Clerk of the Supreme Court shall be the


2. A case or matter shall be deemed submitted for
Secretary ex officio of the Council and shall
decision or resolution upon the filing of the last
keep a record of its proceedings.
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
4. The regular Members of the Council shall
receive such emoluments as may be determined
3. Upon the expiration of the corresponding period,
by the Supreme Court. The Supreme Court shall
a certification to this effect signed by the Chief
provide in its annual budget the appropriations
Justice or the presiding judge shall forthwith be
for the Council.
issued and a copy thereof attached to the record
5. The Council shall have the principal function of
of the case or matter, and served upon the
recommending appointees to the judiciary. It
parties. The certification shall state why a
may exercise such other functions and duties as
decision or resolution has not been rendered or
the Supreme Court may assign to it.
issued within said period.
Chairman and two Commissioners who shall be
4. Despite the expiration of the applicable natural-born citizens of the Philippines and, at
mandatory period, the court, without prejudice to the time of their appointment, at least thirty-five
such responsibility as may have been incurred in years of age, with proven capacity for public
consequence thereof, shall decide or resolve the administration, and must not have been
case or matter submitted thereto for candidates for any elective position in the
determination, without further delay. elections immediately preceding their
appointment.
Section 16. The Supreme Court shall, within thirty days
from the opening of each regular session of the 2. The Chairman and the Commissioners shall
Congress, submit to the President and the Congress an be appointed by the President with the consent
annual report on the operations and activities of the of the Commission on Appointments for a term
Judiciary. of seven years without reappointment. Of those
first appointed, the Chairman shall hold office for
ARTICLE IX
seven years, a Commissioner for five years, and
CONSTITUTIONAL COMMISSION
another Commissioner for three years, without
A. COMMON PROVISIONS reappointment. Appointment to any vacancy
shall be only for the unexpired term of the
Section 1. The Constitutional Commissions, which shall predecessor. In no case shall any Member be
be independent, are the Civil Service Commission, the appointed or designated in a temporary or acting
Commission on Elections, and the Commission on Audit. capacity.
Section 2. No member of a Constitutional Commission Section 2.
shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of 1. The civil service embraces all branches,
any profession or in the active management or control of subdivisions, instrumentalities, and agencies of
any business which, in any way, may be affected by the the Government, including government-owned
functions of his office, nor shall he be financially or controlled corporations with original charters.
interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, 2. Appointments in the civil service shall be made
any of its subdivisions, agencies, or instrumentalities, only according to merit and fitness to be
including government-owned or controlled corporations determined, as far as practicable, and, except to
or their subsidiaries. positions which are policy-determining, primarily
confidential, or highly technical, by competitive
Section 3. The salary of the Chairman and the examination.
Commissioners shall be fixed by law and shall not be
decreased during their tenure. 3. No officer or employee of the civil service shall
be removed or suspended except for cause
Section 4. The Constitutional Commissions shall
provided by law.
appoint their officials and employees in accordance with
law.
4. No officer or employee in the civil service shall
Section 5. The Commission shall enjoy fiscal autonomy. engage, directly or indirectly, in any
Their approved annual appropriations shall be electioneering or partisan political campaign.
automatically and regularly released. 5.
The right to self-organization shall not be denied
Section 6. Each Commission en banc may promulgate
to government employees.
its own rules concerning pleadings and practice before it
or before any of its offices. Such rules, however, shall
6. Temporary employees of the Government shall
not diminish, increase, or modify substantive rights.
be given such protection as may be provided by
Section 7. Each Commission shall decide by a majority law.
vote of all its Members, any case or matter brought
Section 3. The Civil Service Commission, as the central
before it within sixty days from the date of its submission
personnel agency of the Government, shall establish a
for decision or resolution. A case or matter is deemed
career service and adopt measures to promote morale,
submitted for decision or resolution upon the filing of the
efficiency, integrity, responsiveness, progressiveness,
last pleading, brief, or memorandum required by the
and courtesy in the civil service. It shall strengthen the
rules of the Commission or by the Commission itself.
merit and rewards system, integrate all human resources
Unless otherwise provided by this Constitution or by law,
development programs for all levels and ranks, and
any decision, order, or ruling of each Commission may
institutionalize a management climate conducive to
be brought to the Supreme Court on certiorari by the
public accountability. It shall submit to the President and
aggrieved party within thirty days from receipt of a copy
the Congress an annual report on its personnel
thereof.
programs.
Section 8. Each Commission shall perform such other
Section 4. All public officers and employees shall take
functions as may be provided by law.
an oath or affirmation to uphold and defend this
Constitution.
B. THE CIVIL SERVICE COMMISSION
Section 5. The Congress shall provide for the
Section 1. standardization of compensation of government officials
and employees, including those in government-owned or
1. The civil service shall be administered by the controlled corporations with original charters, taking into
Civil Service Commission composed of a
account the nature of the responsibilities pertaining to, Decisions, final orders, or rulings of the Commission on
and the qualifications required for, their positions. election contests involving elective municipal and
barangay offices shall be final, executory, and not
Section 6. No candidate who has lost in any election,
appealable.
shall within one year after such election, be appointed to
any office in the Government or any Government-owned 3. Decide, except those involving the right to vote,
or controlled corporations or in any of their subsidiaries. all questions affecting elections, including
determination of the number and location of
Section 7. No elective official shall be eligible for
polling places, appointment of election officials
appointment or designation in any capacity to any public
and inspectors, and registration of voters.
office or position during his tenure.
4. Deputize, with the concurrence of the President,
Unless otherwise allowed by law or by the primary law enforcement agencies and instrumentalities
functions of his position, no appointive official shall hold of the Government, including the Armed Forces
any other office or employment in the Government or of the Philippines, for the exclusive purpose of
any subdivision, agency or instrumentality thereof, ensuring free, orderly, honest, peaceful, and
including Government-owned or controlled corporations credible elections.
or their subsidiaries.
5. Register, after sufficient publication, political
Section 8. No elective or appointive public officer or parties, organizations, or coalitions which, in
employee shall receive additional, double, or indirect addition to other requirements, must present
compensation, unless specifically authorized by law, nor their platform or program of government; and
accept without the consent of the Congress, any accredit citizens' arms of the Commission on
present, emolument, office, or title of any kind from any Elections. Religious denominations and sects
foreign government. shall not be registered. Those which seek to
achieve their goals through violence or unlawful
Pensions or gratuities shall not be considered as
means, or refuse to uphold and adhere to this
additional, double, or indirect compensation.
Constitution, or which are supported by any
C. THE COMMISSION ON ELECTIONS foreign government shall likewise be refused
registration.
Section 1.
Financial contributions from foreign
1. There shall be a Commission on Elections
governments and their agencies to political
composed of a Chairman and six
parties, organizations, coalitions, or candidates
Commissioners who shall be natural-born
related to elections, constitute interference in
citizens of the Philippines and, at the time of
national affairs, and, when accepted, shall be an
their appointment, at least thirty-five years of
additional ground for the cancellation of their
age, holders of a college degree, and must not
registration with the Commission, in addition to
have been candidates for any elective positions
other penalties that may be prescribed by law.
in the immediately preceding elections.
However, a majority thereof, including the 6. File, upon a verified complaint, or on its own
Chairman, shall be members of the Philippine initiative, petitions in court for inclusion or
Bar who have been engaged in the practice of exclusion of voters; investigate and, where
law for at least ten years. appropriate, prosecute cases of violations of
2. The Chairman and the Commissioners shall be election laws, including acts or omissions
appointed by the President with the consent of constituting election frauds, offenses, and
the Commission on Appointments for a term of malpractices.
seven years without reappointment. Of those 7. Recommend to the Congress effective
first appointed, three Members shall hold office measures to minimize election spending,
for seven years, two Members for five years, including limitation of places where propaganda
and the last Members for three years, without materials shall be posted, and to prevent and
reappointment. Appointment to any vacancy penalize all forms of election frauds, offenses,
shall be only for the unexpired term of the malpractices, and nuisance candidacies.
predecessor. In no case shall any Member be
appointed or designated in a temporary or acting 8. Recommend to the President the removal of any
capacity. officer or employee it has deputized, or the
imposition of any other disciplinary action, for
Section 2. The Commission on Elections shall exercise
violation or disregard of, or disobedience to, its
the following powers and functions:
directive, order, or decision.
1. Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite, 9. Submit to the President and the Congress, a
initiative, referendum, and recall. comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
2. Exercise exclusive original jurisdiction over all recall.
contests relating to the elections, returns, and
Section 3. The Commission on Elections may sit en
qualifications of all elective regional, provincial,
banc or in two divisions, and shall promulgate its rules of
and city officials, and appellate jurisdiction over
procedure in order to expedite disposition of election
all contests involving elective municipal officials
cases, including pre- proclamation controversies. All
decided by trial courts of general jurisdiction, or
such election cases shall be heard and decided in
involving elective barangay officials decided by
division, provided that motions for reconsideration of
trial courts of limited jurisdiction.
decisions shall be decided by the Commission en banc.
Section 4. The Commission may, during the election 2. The Chairman and the Commissioners shall be
period, supervise or regulate the enjoyment or utilization appointed by the President with the consent of
of all franchises or permits for the operation of the Commission on Appointments for a term of
transportation and other public utilities, media of seven years without reappointment. Of those
communication or information, all grants, special first appointed, the Chairman shall hold office for
privileges, or concessions granted by the Government or seven years, one Commissioner for five years,
any subdivision, agency, or instrumentality thereof, and the other Commissioner for three years,
including any government-owned or controlled without reappointment. Appointment to any
corporation or its subsidiary. Such supervision or vacancy shall be only for the unexpired portion
regulation shall aim to ensure equal opportunity, time, of the term of the predecessor. In no case shall
and space ,and the right to reply, including reasonable, any Member be appointed or designated in a
equal rates therefor, for public information campaigns temporary or acting capacity.
and forums among candidates in connection with the
Section 2.
objective of holding free, orderly, honest, peaceful, and
credible elections. 1. The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle
Section 5. No pardon, amnesty, parole, or suspension
all accounts pertaining to the revenue and
of sentence for violation of election laws, rules, and
receipts of, and expenditures or uses of funds
regulations shall be granted by the President without the
and property, owned or held in trust by, or
favorable recommendation of the Commission.
pertaining to, the Government, or any of its
Section 6. A free and open party system shall be subdivisions, agencies, or instrumentalities,
allowed to evolve according to the free choice of the including government-owned or controlled
people, subject to the provisions of this Article. corporations with original charters, and on a
post- audit basis:
Section 7. No votes cast in favor of a political party,
a. constitutional bodies, commissions and
organization, or coalition shall be valid, except for those
offices that have been granted fiscal
registered under the party-list system as provided in this
autonomy under this Constitution;
Constitution.
b. autonomous state colleges and universities;
Section 8. Political parties, or organizations or coalitions c. other government-owned or controlled
registered under the party-list system, shall not be corporations and their subsidiaries; and
represented in the voters' registration boards, boards of d. such non-governmental entities receiving
election inspectors, boards of canvassers, or other subsidy or equity, directly or indirectly, from
similar bodies. However, they shall be entitled to appoint or through the Government, which are
poll watchers in accordance with law. required by law or the granting institution to
submit to such audit as a condition of
Section 9. Unless otherwise fixed by the Commission in subsidy or equity. However, where the
special cases, the election period shall commence ninety internal control system of the audited
days before the day of election and shall end thirty days agencies is inadequate, the Commission
thereafter. may adopt such measures, including
temporary or special pre-audit, as are
Section 10. Bona fide candidates for any public office
necessary and appropriate to correct the
shall be free from any form of harassment and
deficiencies. It shall keep the general
discrimination.
accounts of the Government and, for such
Section 11. Funds certified by the Commission as period as may be provided by law, preserve
necessary to defray the expenses for holding regular the vouchers and other supporting papers
and special elections, plebiscites, initiatives, referenda, pertaining thereto.
and recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released 2. The Commission shall have exclusive authority,
automatically upon certification by the Chairman of the subject to the limitations in this Article, to define
Commission the scope of its audit and examination, establish
the techniques and methods required therefor,
D. THE COMMISSION ON AUDIT
and promulgate accounting and auditing rules
Section 1. and regulations, including those for the
prevention and disallowance of irregular,
1. There shall be a Commission on Audit unnecessary, excessive, extravagant, or
composed of a Chairman and two unconscionable expenditures or uses of
Commissioners, who shall be natural-born government funds and properties.
citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of Section 3. No law shall be passed exempting any entity
age, Certified Public Accountants with not less of the Government or its subsidiaries in any guise
than ten years of auditing experience, or whatever, or any investment of public funds, from the
members of the Philippine Bar who have been jurisdiction of the Commission on Audit.
engaged in the practice of law for at least ten
Section 4. The Commission shall submit to the
years, and must not have been candidates for
President and the Congress, within the time fixed by law,
any elective position in the elections immediately
an annual report covering the financial condition and
preceding their appointment. At no time shall all
operation of the Government, its subdivisions, agencies,
Members of the Commission belong to the same
and instrumentalities, including government-owned or
profession.
controlled corporations, and non-governmental entities
subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency. and subject to approval by a majority of the votes cast in
It shall submit such other reports as may be required by a plebiscite in the political units directly affected.
law.
Section 11. The Congress may, by law, create special
ARTICLE X metropolitan political subdivisions, subject to a plebiscite
LOCAL GOVERNMENT as set forth in Section 10 hereof. The component cities
and municipalities shall retain their basic autonomy and
GENERAL PROVISIONS
shall be entitled to their own local executive and
Section 1. The territorial and political subdivisions of the legislative assemblies. The jurisdiction of the
Republic of the Philippines are the provinces, cities, metropolitan authority that will thereby be created shall
municipalities, and barangays. There shall be be limited to basic services requiring coordination.
autonomous regions in Muslim Mindanao and the
Section 12. Cities that are highly urbanized, as
Cordilleras as hereinafter provided.
determined by law, and component cities whose charters
Section 2. The territorial and political subdivisions shall prohibit their voters from voting for provincial elective
enjoy local autonomy. officials, shall be independent of the province. The
voters of component cities within a province, whose
Section 3. The Congress shall enact a local government charters contain no such prohibition, shall not be
code which shall provide for a more responsive and deprived of their right to vote for elective provincial
accountable local government structure instituted officials.
through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate Section 13. Local government units may group
among the different local government units their powers, themselves, consolidate or coordinate their efforts,
responsibilities, and resources, and provide for the services, and resources for purposes commonly
qualifications, election, appointment and removal, term, beneficial to them in accordance with law.
salaries, powers and functions and duties of local
Section 14. The President shall provide for regional
officials, and all other matters relating to the organization
development councils or other similar bodies composed
and operation of the local units.
of local government officials, regional heads of
Section 4. The President of the Philippines shall departments and other government offices, and
exercise general supervision over local governments. representatives from non-governmental organizations
Provinces with respect to component cities and within the regions for purposes of administrative
municipalities, and cities and municipalities with respect decentralization to strengthen the autonomy of the units
to component barangays, shall ensure that the acts of therein and to accelerate the economic and social
their component units are within the scope of their growth and development of the units in the region.
prescribed powers and functions.
AUTONOMOUS REGIONS
Section 5. Each local government unit shall have the
Section 15. There shall be created autonomous regions
power to create its own sources of revenues and to levy
in Muslim Mindanao and in the Cordilleras consisting of
taxes, fees and charges subject to such guidelines and
provinces, cities, municipalities, and geographical areas
limitations as the Congress may provide, consistent with
sharing common and distinctive historical and cultural
the basic policy of local autonomy. Such taxes, fees, and
heritage, economic and social structures, and other
charges shall accrue exclusively to the local
relevant characteristics within the framework of this
governments.
Constitution and the national sovereignty as well as
Section 6. Local government units shall have a just territorial integrity of the Republic of the Philippines.
share, as determined by law, in the national taxes which
Section 16. The President shall exercise general
shall be automatically released to them.
supervision over autonomous regions to ensure that
Section 7. Local governments shall be entitled to an laws are faithfully executed.
equitable share in the proceeds of the utilization and
Section 17. All powers, functions, and responsibilities
development of the national wealth within their
not granted by this Constitution or by law to the
respective areas, in the manner provided by law,
autonomous regions shall be vested in the National
including sharing the same with the inhabitants by way
Government.
of direct benefits.
Section 18. The Congress shall enact an organic act for
Section 8. The term of office of elective local officials,
each autonomous region with the assistance and
except barangay officials, which shall be determined by
participation of the regional consultative commission
law, shall be three years and no such official shall serve
composed of representatives appointed by the President
for more than three consecutive terms. Voluntary
from a list of nominees from multi-sectoral bodies. The
renunciation of the office for any length of time shall not
organic act shall define the basic structure of
be considered as an interruption in the continuity of his
government for the region consisting of the executive
service for the full term for which he was elected.
department and legislative assembly, both of which shall
Section 9. Legislative bodies of local governments shall be elective and representative of the constituent political
have sectoral representation as may be prescribed by units. The organic acts shall likewise provide for special
law. courts with personal, family, and property law jurisdiction
consistent with the provisions of this Constitution and
Section 10. No province, city, municipality, or barangay national laws.
may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance The creation of the autonomous region shall be effective
with the criteria established in the local government code when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose,
provided that only provinces, cities, and geographic
areas voting favorably in such plebiscite shall be House within ten session days from receipt
included in the autonomous region. thereof.

Section 19. The first Congress elected under this


3. A vote of at least one-third of all the Members of
Constitution shall, within eighteen months from the time
the House shall be necessary either to affirm a
of organization of both Houses, pass the organic acts for
favorable resolution with the Articles of
the autonomous regions in Muslim Mindanao and the
Impeachment of the Committee, or override its
Cordilleras.
contrary resolution. The vote of each Member
Section 20. Within its territorial jurisdiction and subject shall be recorded.
to the provisions of this Constitution and national laws,
the organic act of autonomous regions shall provide for 4. In case the verified complaint or resolution of
legislative powers over: impeachment is filed by at least one-third of all
the Members of the House, the same shall
1. Administrative organization; constitute the Articles of Impeachment, and trial
2. Creation of sources of revenues; by the Senate shall forthwith proceed.
3. Ancestral domain and natural resources;
4. Personal, family, and property relations; 5. No impeachment proceedings shall be initiated
5. Regional urban and rural planning development; against the same official more than once within
6. Economic, social, and tourism development; a period of one year.
7. Educational policies;
8. Preservation and development of the cultural 6. The Senate shall have the sole power to try and
heritage; and decide all cases of impeachment. When sitting
9. Such other matters as may be authorized by law for that purpose, the Senators shall be on oath
for the promotion of the general welfare of the or affirmation. When the President of the
people of the region. Philippines is on trial, the Chief Justice of the
Supreme Court shall preside, but shall not vote.
Section 21. The preservation of peace and order within
No person shall be convicted without the
the regions shall be the responsibility of the local police
concurrence of two-thirds of all the Members of
agencies which shall be organized, maintained,
the Senate.
supervised, and utilized in accordance with applicable
laws. The defense and security of the regions shall be
7. Judgment in cases of impeachment shall not
the responsibility of the National Government.
extend further than removal from office and
ARTICLE XI disqualification to hold any office under the
ACCOUNTABILITY OF PUBLIC OFFICERS Republic of the Philippines, but the party
convicted shall nevertheless be liable and
Section 1. Public office is a public trust. Public officers
subject to prosecution, trial, and punishment,
and employees must, at all times, be accountable to the
according to law.
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice,
8. The Congress shall promulgate its rules on
and lead modest lives.
impeachment to effectively carry out the purpose
Section 2. The President, the Vice-President, the of this section.
Members of the Supreme Court, the Members of the
Section 4. The present anti-graft court known as the
Constitutional Commissions, and the Ombudsman may
Sandiganbayan shall continue to function and exercise
be removed from office on impeachment for, and
its jurisdiction as now or hereafter may be provided by
conviction of, culpable violation of the Constitution,
law.
treason, bribery, graft and corruption, other high crimes,
or betrayal of public trust. All other public officers and Section 5. There is hereby created the independent
employees may be removed from office as provided by Office of the Ombudsman, composed of the
law, but not by impeachment. Ombudsman to be known as Tanodbayan, one overall
Deputy and at least one Deputy each for Luzon,
Section 3.
Visayas, and Mindanao. A separate Deputy for the
1. The House of Representatives shall have the military establishment may likewise be appointed.
exclusive power to initiate all cases of
Section 6. The officials and employees of the Office of
impeachment.
the Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil
2. A verified complaint for impeachment may be
Service Law.
filed by any Member of the House of
Representatives or by any citizen upon a Section 7. The existing Tanodbayan shall hereafter be
resolution or endorsement by any Member known as the Office of the Special Prosecutor. It shall
thereof, which shall be included in the Order of continue to function and exercise its powers as now or
Business within ten session days, and referred hereafter may be provided by law, except those
to the proper Committee within three session conferred on the Office of the Ombudsman created
days thereafter. The Committee, after hearing, under this Constitution.
and by a majority vote of all its Members, shall
Section 8. The Ombudsman and his Deputies shall be
submit its report to the House within sixty
natural-born citizens of the Philippines, and at the time of
session days from such referral, together with
their appointment, at least forty years old, of recognized
the corresponding resolution. The resolution
probity and independence, and members of the
shall be calendared for consideration by the
Philippine Bar, and must not have been candidates for
any elective office in the immediately preceding election.
The Ombudsman must have, for ten years or more, 5. Request any government agency for assistance
been a judge or engaged in the practice of law in the and information necessary in the discharge of its
Philippines. responsibilities, and to examine, if necessary,
pertinent records and documents.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in
6. Publicize matters covered by its investigation
Section 2 of Article 1X-A of this Constitution.
when circumstances so warrant and with due
Section 9. The Ombudsman and his Deputies shall be prudence.
appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and 7. Determine the causes of inefficiency, red tape,
from a list of three nominees for every vacancy mismanagement, fraud, and corruption in the
thereafter. Such appointments shall require no Government and make recommendations for
confirmation. All vacancies shall be filled within three their elimination and the observance of high
months after they occur. standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise
Section 10. The Ombudsman and his Deputies shall such other powers or perform such functions or
have the rank of Chairman and Members, respectively, duties as may be provided by law.
of the Constitutional Commissions, and they shall
receive the same salary which shall not be decreased Section 14. The Office of the Ombudsman shall enjoy
during their term of office. fiscal autonomy. Its approved annual appropriations
shall be automatically and regularly released.
Section 11. The Ombudsman and his Deputies shall
serve for a term of seven years without reappointment. Section 15. The right of the State to recover properties
They shall not be qualified to run for any office in the unlawfully acquired by public officials or employees, from
election immediately succeeding their cessation from them or from their nominees or transferees, shall not be
office. barred by prescription, laches, or estoppel.

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.

Section 2. The State shall:


4. The approved annual appropriations of the
Commission shall be automatically and regularly 1. Establish, maintain, and support a complete,
released. adequate, and integrated system of education
relevant to the needs of the people and society;
Section 18. The Commission on Human Rights shall
have the following powers and functions:
2. Establish and maintain, a system of free public
1. Investigate, on its own or on complaint by any education in the elementary and high school
party, all forms of human rights violations levels. Without limiting the natural rights of
involving civil and political rights; parents to rear their children, elementary
education is compulsory for all children of school
2. Adopt its operational guidelines and rules of age;
procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court; 3. Establish and maintain a system of scholarship
grants, student loan programs, subsidies, and
3. Provide appropriate legal measures for the other incentives which shall be available to
protection of human rights of all persons within deserving students in both public and private
the Philippines, as well as Filipinos residing schools, especially to the under-privileged;
abroad, and provide for preventive measures
and legal aid services to the under-privileged 4. Encourage non-formal, informal, and indigenous
whose human rights have been violated or need learning systems, as well as self-learning,
protection; independent, and out-of-school study programs
particularly those that respond to community
4. Exercise visitorial powers over jails, prisons, or needs; and
detention facilities;
5. Provide adult citizens, the disabled, and out-of-
5. Establish a continuing program of research, school youth with training in civics, vocational
education, and information to enhance respect efficiency, and other skills.
for the primacy of human rights;
Section 3.
6. Recommend to Congress effective measures to 1. All educational institutions shall include the
promote human rights and to provide for study of the Constitution as part of the curricula.
compensation to victims of violations of human
rights, or their families; 2. They shall inculcate patriotism and nationalism,
foster love of humanity, respect for human
7. Monitor the Philippine Government's compliance rights, appreciation of the role of national heroes
with international treaty obligations on human in the historical development of the country,
rights; teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop
8. Grant immunity from prosecution to any person moral character and personal discipline,
whose testimony or whose possession of encourage critical and creative thinking, broaden
documents or other evidence is necessary or scientific and technological knowledge, and
convenient to determine the truth in any promote vocational efficiency.
investigation conducted by it or under its
authority; 3. At the option expressed in writing by the parents
or guardians, religion shall be allowed to be
9. Request the assistance of any department, taught to their children or wards in public
bureau, office, or agency in the performance of elementary and high schools within the regular
its functions; class hours by instructors designated or
approved by the religious authorities of the
10. Appoint its officers and employees in religion to which the children or wards belong,
accordance with law; and without additional cost to the Government.

11. Perform such other duties and functions as may Section 4.


be provided by law.
1. The State recognizes the complementary roles
Section 19. The Congress may provide for other cases of public and private institutions in the
of violations of human rights that should fall within the educational system and shall exercise
authority of the Commission, taking into account its reasonable supervision and regulation of all
recommendations. educational institutions.

ARTICLE XIV 2. Educational institutions, other than those


EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, established by religious groups and mission
CULTURE AND SPORTS boards, shall be owned solely by citizens of the
Philippines or corporations or associations at
EDUCATION
least sixty per centum of the capital of which is
Section 1. The State shall protect and promote the right owned by such citizens. The Congress may,
of all citizens to quality education at all levels, and shall however, require increased Filipino equity
participation in all educational institutions. The Section 7. For purposes of communication and
control and administration of educational instruction, the official languages of the Philippines are
institutions shall be vested in citizens of the Filipino and, until otherwise provided by law, English.
Philippines.
The regional languages are the auxiliary official
No educational institution shall be established languages in the regions and shall serve as auxiliary
exclusively for aliens and no group of aliens media of instruction therein.
shall comprise more than one-third of the
Spanish and Arabic shall be promoted on a voluntary
enrollment in any school. The provisions of this
and optional basis.
sub section shall not apply to schools
established for foreign diplomatic personnel and Section 8. This Constitution shall be promulgated in
their dependents and, unless otherwise provided Filipino and English and shall be translated into major
by law, for other foreign temporary residents. regional languages, Arabic, and Spanish.
3. All revenues and assets of non-stock, non-profit Section 9. The Congress shall establish a national
educational institutions used actually, directly, language commission composed of representatives of
and exclusively for educational purposes shall various regions and disciplines which shall undertake,
be exempt from taxes and duties. Upon the coordinate, and promote researches for the
dissolution or cessation of the corporate development, propagation, and preservation of Filipino
existence of such institutions, their assets shall and other languages.
be disposed of in the manner provided by law.
SCIENCE AND TECHNOLOGY
Proprietary educational institutions, including
those cooperatively owned, may likewise be Section 10. Science and technology are essential for
entitled to such exemptions, subject to the national development and progress. The State shall give
limitations provided by law, including restrictions priority to research and development, invention,
on dividends and provisions for reinvestment. innovation, and their utilization; and to science and
technology education, training, and services. It shall
4. Subject to conditions prescribed by law, all support indigenous, appropriate, and self-reliant
grants, endowments, donations, or contributions scientific and technological capabilities, and their
used actually, directly, and exclusively for application to the country's productive systems and
educational purposes shall be exempt from tax. national life.
Section 5. Section 11. The Congress may provide for incentives,
including tax deductions, to encourage private
1. the State shall take into account regional and
participation in programs of basic and applied scientific
sectoral needs and conditions and shall
research. Scholarships, grants-in-aid, or other forms of
encourage local planning in the development of
incentives shall be provided to deserving science
educational policies and programs.
students, researchers, scientists, inventors,
technologists, and specially gifted citizens.
2. Academic freedom shall be enjoyed in all
institutions of higher learning. Section 12. The State shall regulate the transfer and
promote the adaptation of technology from all sources
3. Every citizen has a right to select a profession or for the national benefit. It shall encourage the widest
course of study, subject to fair, reasonable, and participation of private groups, local governments, and
equitable admission and academic community-based organizations in the generation and
requirements. utilization of science and technology.

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.

Section 19. Section 5.

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.

ARTICLE XVII Section 5. The six-year term of the incumbent President


AMENDMENTS OR REVISIONS and Vice-President elected in the February 7, 1986
election is, for purposes of synchronization of elections,
Section 1. Any amendment to, or revision of, this
hereby extended to noon of June 30, 1992.
Constitution may be proposed by:
The first regular elections for the President and Vice-
1. The Congress, upon a vote of three-fourths of all
President under this Constitution shall be held on the
its Members; or
second Monday of May, 1992.
2. A constitutional convention.
Section 6. The incumbent President shall continue to
Section 2. Amendments to this Constitution may
exercise legislative powers until the first Congress is
likewise be directly proposed by the people through
convened.
initiative upon a petition of at least twelve per centum of
the total number of registered voters, of which every Section 7. Until a law is passed, the President may fill
legislative district must be represented by at least three by appointment from a list of nominees by the respective
per centum of the registered voters therein. No sectors, the seats reserved for sectoral representation in
amendment under this section shall be authorized within paragraph (2), Section 5 of Article V1 of this
five years following the ratification of this Constitution nor Constitution.
oftener than once every five years thereafter.
Section 8. Until otherwise provided by the Congress, the
The Congress shall provide for the implementation of the President may constitute the Metropolitan Manila
exercise of this right. Authority to be composed of the heads of all local
government units comprising the Metropolitan Manila
Section 3. The Congress may, by a vote of two-thirds of
area.
all its Members, call a constitutional convention, or by a
Section 9. A sub-province shall continue to exist and Court, and the Chairmen of the Constitutional
operate until it is converted into a regular province or Commissions, two hundred four thousand pesos each;
until its component municipalities are reverted to the and the Members of the Constitutional Commissions,
mother province. one hundred eighty thousand pesos each.

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.

The sequestration or freeze order is deemed


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

Section 27. This Constitution shall take effect


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

The foregoing proposed Constitution of the Republic of


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

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