Political Law

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2024 BAR EXAMINATIONS

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 ARTICLE XVII
Amendments or Revisions
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SECTION 1. Any amendment to, or revision of, this ARTICLE I
I. 1987 PHILIPPINE CONSTITUTION
Constitution may be proposed by: National Territory
(1) The Congress, upon a vote of three-fourths of all its
A. Definition, Nature, and Concepts of the Members; or The national territory comprises the Philippine
Constitution
(2) A constitutional convention. archipelago, with all the islands and waters embraced
1. Declaration of Principles
a. Democracy and Republicanism therein, and all other territories over which the Philippines
b. Renunciation of War
SECTION 2. Amendments to this Constitution may has sovereignty or jurisdiction, consisting of its
c. Supremacy of Civilian Authority over
Military likewise be directly proposed by the people through terrestrial, fluvial, and aerial domains, including its
initiative upon a petition of at least twelve per centum of territorial sea, the seabed, the subsoil, the insular
2. State Policies
a. Independent Foreign Policy the total number of registered voters, of which every shelves, and other submarine areas. The waters around,
b. Social Justice
legislative district must be represented by at least three between, and connecting the islands of the archipelago,
c. Sanctity of Family and Vital Role of Youth
in Nation-Building per centum of the registered voters therein. No regardless of their breadth and dimensions, form part of
amendment under this section shall be authorized within the internal waters of the Philippines.
B. Amendment and Revision (1987 CONST.,
art. XVII, secs. 1-4; R.A. No. 6735) five years following the ratification of this Constitution
nor oftener than once every five years thereafter. United Nations Convention on the Law of the Sea
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- Article 1
58)
The Congress shall provide for the implementation of the
exercise of this right. Use of terms and scope
1. For the purposes of this Convention:
SECTION 3. The Congress may, by a vote of two-thirds of (1) "Area" means the seabed and ocean floor and subsoil
all its Members, call a constitutional convention, or by a thereof, beyond the limits of national jurisdiction;
majority vote of all its Members, submit to the electorate (2) "Authority" means the International Seabed Authority;
the question of calling such a convention. (3) "activities in the Area" means all activities of
exploration for, and exploitation of, the resources of the
SECTION 4. Any amendment to, or revision of, this Area;
Constitution under Section 1 hereof shall be valid when (4) "pollution of the marine environment" means the
ratified by a majority of the votes cast in a plebiscite introduction by man, directly or indirectly, of substances
which shall be held not earlier than sixty days nor later or energy into the marine environment, including
than ninety days after the approval of such amendment or estuaries, which results or is likely to result in such
revision. deleterious effects as harm to living resources and
marine life, hazards to human health, hindrance to marine
Any amendment under Section 2 hereof shall be valid activities, including fishing and other legitimate uses of
when ratified by a majority of the votes cast in a the sea, impairment of quality for use of sea water and
plebiscite which shall be held not earlier than sixty days reduction of amenities;
nor later than ninety days after the certification by the (5) (a) "dumping" means:
Commission on Elections of the sufficiency of the (i) any deliberate disposal of wastes or other matter from
petition. vessels, aircraft, platforms or other man-made structures
at sea;
(ii) any deliberate disposal of vessels, aircraft, platforms
or other man-made structures at sea;

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 (b) "dumping" does not include:
(i) the disposal of wastes or other matter incidental to, or
derived from the normal operations of vessels, aircraft,
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platforms or other man-made structures at sea and their Article 6
I. 1987 PHILIPPINE CONSTITUTION Reefs
equipment, other than wastes or other matter transported
by or to vessels, aircraft, platforms or other man-made
In the case of islands situated on atolls or of islands having
A. Definition, Nature, and Concepts of the structures at sea, operating for the purpose of disposal
Constitution fringing reefs, the baseline for measuring the breadth of the
of such matter or derived from the treatment of such
1. Declaration of Principles territorial sea is the seaward low-water line of the reef, as
a. Democracy and Republicanism wastes or other matter on such vessels, aircraft, shown by the appropriate symbol on charts officially
b. Renunciation of War
c. Supremacy of Civilian Authority over
platforms or structures; (ii) placement of matter for a recognized by the coastal State.
Military purpose other than the mere disposal thereof, provided
2. State Policies
that such placement is not contrary to the aims of this Article 7
a. Independent Foreign Policy Convention. Straight baselines
b. Social Justice
c. Sanctity of Family and Vital Role of Youth
2. (1) "States Parties" means States which have consented
in Nation-Building to be bound by this Convention and for which this 1. In localities where the coastline is deeply indented and cut
B. Amendment and Revision (1987 CONST.,
Convention is in force. into, or if there is a fringe of islands along the coast in its
art. XVII, secs. 1-4; R.A. No. 6735) (2) This Convention applies mutatis mutandis to the immediate vicinity, the method of straight baselines joining
entities referred to in article 305, paragraph l(b), (c), (d), appropriate points may be employed in drawing the baseline
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- (e) and (f), which become Parties to this Convention in from which the breadth of the territorial sea is measured.
58)
accordance with the conditions relevant to each, and to
that extent "States Parties" refers to those entities. 2. Where because of the presence of a delta and other
natural conditions the coastline is highly unstable, the
appropriate points may be selected along the furthest
Article 3
seaward extent of the low-water line and, notwithstanding
Breadth of the territorial sea
subsequent regression of the low-water line, the straight
baselines shall remain effective until changed by the coastal
Every State has the right to establish the breadth of its State in accordance with this Convention.
territorial sea up to a limit not exceeding 12 nautical
miles, measured from baselines determined in 3. The drawing of straight baselines must not depart to any
accordance with this Convention. appreciable extent from the general direction of the coast,
and the sea areas lying within the lines must be sufficiently
Article 4 closely linked to the land domain to be subject to the regime
Outer limit of the territorial sea of internal waters.

The outer limit of the territorial sea is the line every point 4. Straight baselines shall not be drawn to and from low-tide
of which is at a distance from the nearest point of the elevations, unless lighthouses or similar installations which
baseline equal to the breadth of the territorial sea. are permanently above sea level have been built on them or
except in instances where the drawing of baselines to and
Article 5 from such elevations has received general international
recognition.
Normal baseline

5. Where the method of straight baselines is applicable

Except where otherwise provided in this Convention, the
under paragraph 1, account may be taken, in determining
normal baseline for measuring the breadth of the
particular baselines, of economic interests peculiar to the
territorial sea is the low-water line along the coast as region concerned, the reality and the importance of which
marked on large-scale charts officially recognized by the are clearly evidenced by long usage.
coastal State.

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 6. The system of straight baselines may not be applied by
a State in such a manner as to cut off the territorial sea of
another State from the high seas or an exclusive
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or which historically have been regarded as such.
economic zone.
I. 1987 PHILIPPINE CONSTITUTION
Article 47
Article 8 Archipelagic baselines
A. Definition, Nature, and Concepts of the Internal waters
Constitution
1. Declaration of Principles 1. An archipelagic State may draw straight archipelagic
a. Democracy and Republicanism 1. Except as provided in Part IV, waters on the landward baselines joining the outermost points of the outermost
b. Renunciation of War
c. Supremacy of Civilian Authority over
side of the baseline of the territorial sea form part of the islands and drying reefs of the archipelago provided that
Military internal waters of the State. within such baselines are included the main islands and
2. State Policies an area in which the ratio of the area of the water to the
a. Independent Foreign Policy 2. Where the establishment of a straight baseline in area of the land, including atolls, is between 1 to 1 and 9
b. Social Justice
c. Sanctity of Family and Vital Role of Youth
accordance with the method set forth in article 7 has the to 1.
in Nation-Building effect of enclosing as internal waters areas which had not
B. Amendment and Revision (1987 CONST.,
previously been considered as such, a right of innocent 2. The length of such baselines shall not exceed 100
art. XVII, secs. 1-4; R.A. No. 6735) passage as provided in this Convention shall exist in nautical miles, except that up to 3 per cent of the total
C. National Territory (1987 CONST., art. I;
those waters. number of baselines enclosing any archipelago may
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- exceed that length, up to a maximum length of 125
58)
Article 33 nautical miles.
Contiguous zone
3. The drawing of such baselines shall not depart to any
1. In a zone contiguous to its territorial sea, described as appreciable extent from the general configuration of the
the contiguous zone, the coastal State may exercise the archipelago.
control necessary to:
(a) prevent infringement of its customs, fiscal, 4. Such baselines shall not be drawn to and from low-tide
immigration or sanitary laws and regulations within its elevations, unless lighthouses or similar installations
territory or territorial sea; which are permanently above sea level have been built on
(b) punish infringement of the above laws and regulations them or where a low-tide elevation is situated wholly or
committed within its territory or territorial sea. partly at a distance not exceeding the breadth of the
territorial sea from the nearest island.
2. The contiguous zone may not extend beyond 24
nautical miles from the baselines from which the breadth 5. The system of such baselines shall not be applied by
of the territorial sea is measured. an archipelagic State in such a manner as to cut off from
the high seas or the exclusive economic zone the
ARCHIPELAGIC STATES territorial sea of another State.
Article 46
Use of terms 6. If a part of the archipelagic waters of an archipelagic
State lies between two parts of an immediately adjacent
For the purposes of this Convention: neighbouring State, existing rights and all other legitimate
(a) "archipelagic State" means a State constituted wholly interests which the latter State has traditionally exercised
by one or more archipelagos and may include other in such waters and all rights stipulated by agreement
islands; between those States shall continue and be respected.
(b) "archipelago" means a group of islands, including
parts of islands, interconnecting waters and other natural
features which are so closely interrelated that such
islands, waters and other natural features form an

Political Law
intrinsic geographical, economic and political entity,
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 7. For the purpose of computing the ratio of water to land
under paragraph l, land areas may include waters lying
within the fringing reefs of islands and atolls, including
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that part of a steep-sided oceanic plateau which is EXCLUSIVE ECONOMIC ZONE
I. 1987 PHILIPPINE CONSTITUTION
enclosed or nearly enclosed by a chain of limestone Article 55
islands and drying reefs lying on the perimeter of the Specific legal regime of the exclusive economic zone
A. Definition, Nature, and Concepts of the plateau.
Constitution The exclusive economic zone is an area beyond and
1. Declaration of Principles
a. Democracy and Republicanism 8. The baselines drawn in accordance with this article adjacent to the territorial sea, subject to the specific
b. Renunciation of War
shall be shown on charts of a scale or scales adequate legal regime established in this Part, under which the
c. Supremacy of Civilian Authority over
Military for ascertaining their position. Alternatively, lists of rights and jurisdiction of the coastal State and the rights
geographical coordinates of points, specifying the and freedoms of other States are governed by the
2. State Policies
a. Independent Foreign Policy geodetic datum, may be substituted. relevant provisions of this Convention.
b. Social Justice
c. Sanctity of Family and Vital Role of Youth
in Nation-Building 9. The archipelagic State shall give due publicity to such Article 56
charts or lists of geographical coordinates and shall Rights, jurisdiction and duties of the coastal State in the
B. Amendment and Revision (1987 CONST.,
art. XVII, secs. 1-4; R.A. No. 6735) deposit a copy of each such chart or list with the exclusive economic zone

C. National Territory (1987 CONST., art. I;

Secretary-General of the United Nations.
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- 1. In the exclusive economic zone, the coastal State has:
58)
Article 48 (a) sovereign rights for the purpose of exploring and
Measurement of the breadth of the territorial sea, the exploiting, conserving and managing the natural
contiguous zone, the exclusive economic zone and the resources, whether living or non-living, of the waters
continental shelf superjacent to the seabed and of the seabed and its
subsoil, and with regard to other activities for the
The breadth of the territorial sea, the contiguous zone, economic exploitation and exploration of the zone, such
the exclusive economic zone and the continental shelf as the production of energy from the water, currents and
shall be measured from archipelagic baselines drawn in winds;
accordance with article 47.
(b) jurisdiction as provided for in the relevant provisions
Article 50 of this Convention with regard to:
Delimitation of internal waters (i) the establishment and use of artificial islands,
installations and structures;
Within its archipelagic waters, the archipelagic State may (ii) marine scientific research;
draw closing lines for the delimitation of internal waters, (iii) the protection and preservation of the marine
in accordance with articles 9, 10 and 11. environment;

(c) other rights and duties provided for in this Convention.

2. In exercising its rights and performing its duties under

this Convention in the exclusive economic zone, the
coastal State shall have due regard to the rights and
duties of other States and shall act in a manner
compatible with the provisions of this Convention.

3. The rights set out in this article with respect to the

seabed and subsoil shall be exercised in accordance with
Part VI.

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Political Law
 Article 57
Breadth of the exclusive economic zone
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The exclusive economic zone shall not extend beyond PRESIDENTIAL DECREE No. 1445
I. 1987 PHILIPPINE CONSTITUTION
200 nautical miles from the baselines from which the
ORDAINING AND INSTITUTING A GOVERNMENT AUDITING
breadth of the territorial sea is measured.
CODE OF THE PHILIPPINES
A. Definition, Nature, and Concepts of the
Constitution
Article 58
1. Declaration of Principles PRELIMINARY TITLE GENERAL PROVISIONS
a. Democracy and Republicanism Rights and duties of other States in the exclusive Section 1. Title. This law shall be known and cited as the
b. Renunciation of War
c. Supremacy of Civilian Authority over
economic zone "Government Auditing Code of the Philippines."
Military

2. State Policies
1. In the exclusive economic zone, all States, whether Section 2. Declaration of Policy. It is the declared policy of
a. Independent Foreign Policy coastal or land-locked, enjoy, subject to the relevant the State that all resources of the government shall be
b. Social Justice
c. Sanctity of Family and Vital Role of Youth
provisions of this Convention, the freedoms referred to in managed, expended or utilized in accordance with law and
in Nation-Building article 87 of navigation and overflight and of the laying of regulations, and safeguard against loss or wastage through
B. Amendment and Revision (1987 CONST.,
submarine cables and pipelines, and other internationally illegal or improper disposition, with a view to ensuring
art. XVII, secs. 1-4; R.A. No. 6735) lawful uses of the sea related to these freedoms, such as efficiency, economy and effectiveness in the operations of
those associated with the operation of ships, aircraft and government. The responsibility to take care that such policy
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- submarine cables and pipelines, and compatible with the is faithfully adhered to rests directly with the chief or head of
58)
other provisions of this Convention. the government agency concerned.
D. Separation of Powers, and Checks and
Balances Section 3. Definition of terms. Wherever used in this Code,
2. Articles 88 to 115 and other pertinent rules of
the following terms shall be taken and understood in the
E. State Immunity (1987 CONST., art. XVI, international law apply to the exclusive economic zone in
sec. 3; P.D. No. 1445) sense indicated hereunder, unless the context otherwise
so far as they are not incompatible with this Part.
requires:
1. "Fund" is a sum of money or other resources set aside for
3. In exercising their rights and performing their duties the purpose of carrying out specific activities or attaining
under this Convention in the exclusive economic zone, certain objectives in accordance with special regulations,
States shall have due regard to the rights and duties of restrictions, or limitations, and constitutes an independent
the coastal State and shall comply with the laws and fiscal and accounting entity.
regulations adopted by the coastal State in accordance 2. "Government funds" includes public moneys of every sort
with the provisions of this Convention and other rules of and other resources pertaining to any agency of the
international law in so far as they are not incompatible government.
with this Part. 3. "Revenue Funds" comprises all funds derived from the
income of any agency of the government and available for
----------------------------------------------------------------------------- appropriation or expenditure in accordance with law.
4. "Trust funds" refers to funds which have come officially
Article XVI into the possession of any agency of the government or of a
General Provisions public officer as trustee, agent, or administrator, or which
have been received for the fulfillment of some obligation.
5. "Depository funds" comprises funds over which the officer
SECTION 3. The State may not be sued without its
accountable therefore may retain control for the lawful
consent.
purposes for which they came into his possession. It
embraces moneys in any and all depositories.
6. "Depository" means any financial institution lawfully
authorized to receive government moneys upon deposit.

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Political Law
 7. "Resources" refers to the actual assets of any agency of
the government such as cash, instruments representing or
convertible to money, receivables, lands, buildings, as well
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as contingent assets such as estimated revenues applying to 1. The Commission on Audit, hereinafter referred to as the
I. 1987 PHILIPPINE CONSTITUTION the current fiscal period not accrued or collected and bonds Commission, shall be composed of a Chairman and two
authorized and unissued. 8. "Government agency" or "agency Commissioners, who shall be natural-born citizens of the
of the government," or "agency refers to any department, Philippines and, at the time of their appointment, at least
A. Definition, Nature, and Concepts of the
Constitution bureau or office of the national government, or any of its forty years of age and certified public accountants or
1. Declaration of Principles
branches and instrumentalities, or any political subdivision, members of the Philippine Bar for at least ten years.
a. Democracy and Republicanism
b. Renunciation of War as well as any government owned or controlled corporation,
c. Supremacy of Civilian Authority over including its subsidiaries, or other self governing board or 2. The Chairman and the Commissioners shall be appointed
Military
commission of the government. by the Prime Minister for a term of seven years without
2. State Policies reappointment. Of the Commissioners first appointed, one
a. Independent Foreign Policy
Section 4. Fundamental principles. Financial transactions and shall hold office for seven years, another for five years, and
b. Social Justice
c. Sanctity of Family and Vital Role of Youth operations of any government agency shall be governed by the third for three years. Appointment to any vacancy shall
in Nation-Building the fundamental principles set forth hereunder, to wit: only be for the unexpired portion of the term of the
B. Amendment and Revision (1987 CONST., 1. No money shall be paid out of any public treasury of predecessor.
art. XVII, secs. 1-4; R.A. No. 6735) depository except in pursuance of an appropriation law or
other specific statutory authority. 3. The Chairman and each Commissioner shall receive as
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- 2. Government funds or property shall be spent or used annual salary of sixty thousand pesos and fifty thousand
58)
solely for public purposes. pesos, respectively, which shall not be decreased during
D. Separation of Powers, and Checks and 3. Trust funds shall be available and may be spent only for their continuance in office.
Balances the specific purpose for which the trust was created or the
funds received. Section 6. The Commission Proper.
E. State Immunity (1987 CONST., art. XVI,
sec. 3; P.D. No. 1445) 4. Fiscal responsibility shall, to the greatest extent, be
shared by all those exercising authority over the financial 1. For purposes of this Code and as a component of the
affairs, transactions, and operations of the government organizational structure of the Commission, the Chairman and
agency. the two Commissioners shall together be known as the
5. Disbursements or disposition of government funds or Commission Proper and as such shall be distinguished from
property shall invariably bear the approval of the proper the other components of the Commission consisting of the
officials. central and regional offices which are hereinafter created.
6. Claims against government funds shall be supported with
complete documentation. 2. The Commission Proper shall sit as a body to determine
7. All laws and regulations applicable to financial policies, promulgate rules and regulations, and prescribe
transactions shall be faithfully adhered to. standards governing the performance by the Commission of
8. Generally accepted principles and practices of accounting its powers and functions.
as well as of sound management and fiscal administration
shall be observed, provided that they do not contravene 3. The Chairman shall act as the presiding officer of the
existing laws and regulations. Commission Proper and the chief executive officer of the
Commission. As such chief executive officer, he shall be
TITLE I responsible for the general administration of the
THE COMMISSION ON AUDIT Commission.
CHAPTER 1
ORGANIZATION 4. The Chairman and each Commissioner shall have such
technical and clerical personnel in their respective offices as
Section 5. Composition of the Commission on Audit may be required by the exigencies of the service.
qualifications, term, and salary of members.

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Political Law
 Section 7. Central and regional offices.
1. The Commission shall have the following central offices:
(a) Administrative Office
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(b) Planning, Financial, and Management Office 2. Formulate basic policies and guidelines for the preparation
I. 1987 PHILIPPINE CONSTITUTION (c) Legal Office of the budget of the Commission, coordinate with the Budget
(d) Accountancy Office Commission and the Office of the President (Prime Minister)
(e) National Government Audit Office in the preparation of the said budget;
A. Definition, Nature, and Concepts of the
Constitution (f) Local Government Audit Office 3. Maintain and administer the accounting system pertaining
1. Declaration of Principles
(g) Corporate Audit Office to the accounts of the Commission;
a. Democracy and Republicanism
b. Renunciation of War (h) Performance Audit Office 4. Develop and administer a system for monitoring the prices
c. Supremacy of Civilian Authority over (i) Manpower Development Office of materials supplies, and equipment purchased by the
Military
(j) Technical Service Office These offices shall perform government;
2. State Policies primarily staff functions, exercise technical supervision over 5. Develop and maintain the management information system
a. Independent Foreign Policy
the regional offices in matters pertaining to their respective of the Commission; and
b. Social Justice
c. Sanctity of Family and Vital Role of Youth functional areas, and perform such other functions as may be 6. Develop and administer a management improvement
in Nation-Building assigned by the Chairman. program, including a system for measurement of
B. Amendment and Revision (1987 CONST.,
performance of auditing units on which an annual report shall
art. XVII, secs. 1-4; R.A. No. 6735) 2. The Commission shall keep and maintain such regional be submitted to the Chairman not later than the thirty-first
offices as may be required by the exigencies of the service day of January each year.
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- in accordance with the Integrated Reorganization Plan for the
58)
national government, or as may be provided by law, which Section 11. The Legal Office. The Legal Office shall be
D. Separation of Powers, and Checks and shall serve as the immediate representatives of the charged with the following responsibilities:
Balances Commission in the regions under the direct control and 1. Perform advisory and consultative functions and render
supervision of the Chairman. legal services with respect to the performance of the
E. State Immunity (1987 CONST., art. XVI,
sec. 3; P.D. No. 1445) functions of the Commission and the interpretation of
3. The central and regional offices shall each be headed by a pertinent laws and auditing rules and regulations;
Manager and a Regional Director, respectively. The Manager 2. Handle the investigation of administrative cases filed
of the Legal Office shall also be known and shall act as the against the personnel of the Commission, evaluate and act
General Counsel of the Commission. on all reports of involvement of the said personnel in
anomalies or irregularities in government transactions, and
Section 8. Commission Secretariat. There shall be a perform any other investigative work required by the
Commission Secretariat to be headed by the Secretary to the Commission upon assignment by the Chairman;
Commission who shall have the rank and privileges of central 3. Represent the Commission in preliminary investigations of
office manager. malversation cases discovered in audit, assist and
collaborate with the Solicitor General and the Tanod Bayan in
Section 9. The Administrative Office. The Administrative handling cases involving the Chairman or any of the
Office shall perform the following functions: Commissioners, and other officials and employees of the
1. Develop and maintain a personnel program which shall Commission in their official capacity; and
include recruitment, selection, appointment, performance 4. Coordinate, for the Commission and with the appropriate
evaluation, employee relations, and welfare services; and legal bodies of government, with respect to legal
2. Provide the Commission with services related to proceedings towards the collection and enforcement of
personnel, records, supplies, equipment, medical, debts and claims, and the restitution of funds and property,
collections and disbursements, security, general and other found to be due any government agency in the settlement
related services. and adjustment of its accounts by the commission.

Section 10. The Planning, Financial, and Management Office.

The Planning, Financial, and Management Office shall have
the following functions:
1. Formulate long-range and annual plans and programs for
the Commission;
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Political Law
 Section 12. The Accountancy Office. The Accountancy
Office shall have the following functions:
1. Prepare, for the Commission, the annual financial report
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of the Government, its subdivisions, agencies and 2. Formulate accounting rules and regulations for
I. 1987 PHILIPPINE CONSTITUTION
instrumentalities, including government-owned or government-owned or controlled corporations and self-
controlled corporations, and such other financial or governing boards, commissions, or agencies of the
A. Definition, Nature, and Concepts of the statistical reports as may be required by the Commission; government;
Constitution
2. Verify appropriations of national government agencies 3. Advise and assist the Chairman on matters pertaining
1. Declaration of Principles
a. Democracy and Republicanism and control fund releases thereto; and to the audit of government-owned or controlled
b. Renunciation of War
3. Prepare statements on revenues and expenditures of corporations and self-governing boards, commissions, or
c. Supremacy of Civilian Authority over
Military local government units, and on their legal borrowing and agencies of the government; and
net paying capacities for reclassification and other 4. Consolidate the corporate audit reports from all the
2. State Policies
a. Independent Foreign Policy purposes. regions for inclusion in the annual report of the
b. Social Justice Commission.
c. Sanctity of Family and Vital Role of Youth
in Nation-Building Section 13. The National Government Audit Office. The
National Government Audit Office shall perform the Section 16. The Performance Audit Office. The
B. Amendment and Revision (1987 CONST.,
art. XVII, secs. 1-4; R.A. No. 6735) following functions; Performance Audit Office shall have the following
1. Formulate and develop plans, programs, operating functions:
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- standards, and administrative techniques for the 1. Conduct, consistently with the exercise by the
58)
implementation of auditing rules and regulations in Commission of its visitorial powers as hereinafter
D. Separation of Powers, and Checks and departments, regions, bureau, and offices of the National conferred, variable scope audit of non-governmental
Balances
Government; firms subsidized by the government or government
E. State Immunity (1987 CONST., art. XVI, 2. Formulate accounting rules and regulations for authority, or those required to pay levies or government
sec. 3; P.D. No. 1445)
departments, regions, bureaus, and offices of the share those funded by donations through the government,
National Government; and and those for which the government has put up a
3. Advise and assist the Chairman on matters pertaining counterpart fund: Provided, That such audits shall be
to the audit of the departments, regions, bureaus, and limited to the funds or subsidies coming from the
offices of the National Government. government; and
2. Undertake audits of the legality of government
Section 14. The Local Government Audit Office. The Local expenditures, with particular emphasis on the statutory
Government Audit Office shall have the following authority governing the usage of appropriated funds.
functions;
1. Formulate administrative and develop plans, programs, Section 17. The Manpower Development Office. The
operating standards, and techniques for the Manpower Development Office shall perform the
implementation of auditing rules and regulations for local following functions:
government units; 2. Formulate accounting rules and 1. Formulate long-range plans for a comprehensive
regulations for local government units; and training program for all personnel of the Commission and
3. Advise and assist the Chairman on matters pertaining personnel of the agencies of government, with respect to
to the audit of local government units. Commission rules and regulations and audit matters;
2. Prepare and implement annual training programs,
Section 15. The Corporate Audit Office. The Corporate consistent with its long-range plans;
Audit Office shall perform the following functions: 3. Develop its capability to implement training programs;
1. Formulate administrative and develop plans, programs, 4. Set up and maintain a library for the Commission; and
operating standards, and techniques for the 5. Publish the professional journal of the Commission.
implementation of auditing rules and regulations in
government-owned or controlled corporations and self-
governing boards, commissions, or agencies of the

Political Law
government, as well as for the conduct of audit of
www.lexmond.ph financial operations of public utilities and franchises; 8
 Section 18. The Technical Service Office. The Technical
Service Office shall perform the following functions;
1. Develop and propose auditing systems for
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implementation in the government; 4. The Commission shall have the authority to make
I. 1987 PHILIPPINE CONSTITUTION
2. Render consultancy services related to the discharge changes in such assignments and to effect a periodic
of government auditing functions; reshuffle of heads of auditing units as well as their
A. Definition, Nature, and Concepts of the 3. Assist in the formulation of accounting rules and support personnel whenever the exigencies of the
Constitution
regulations and in seeing to it that these are observed by service so require. However, such changes and reshuffle
1. Declaration of Principles
a. Democracy and Republicanism agencies of government, in coordination with the shall not affect the tenure of office of the incumbents of
b. Renunciation of War
Accountancy Office; the positions involved and shall not constitute a demotion
c. Supremacy of Civilian Authority over
Military 4. Review and evaluate contracts, and inspect and or reduction in rank or salary, nor result in a change in
appraise infrastructure projects; and status.
2. State Policies
a. Independent Foreign Policy 5. Initiate special studies on auditing matters.
b. Social Justice Section 21. Auditing units for newly-created agencies. The
c. Sanctity of Family and Vital Role of Youth
in Nation-Building Section 19. The Regional Offices. Each regional office creation of every new agency shall be construed to
shall perform the following functions: include the establishment of an auditing unit therein, and
B. Amendment and Revision (1987 CONST.,
art. XVII, secs. 1-4; R.A. No. 6735) 1. Exercise supervision and control over the the appropriation or allotment therefor is deemed to
implementation of auditing rules and regulations in any include the amounts necessary to provide such agency
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- agency of the government with principal offices or place with adequate auditing services as determined by the
58)
of operations within the region, including the National Commission.
D. Separation of Powers, and Checks and Assembly;
Balances
2. Review, analyze and consolidate local, national and Section 22. Number and compensation of auditing
E. State Immunity (1987 CONST., art. XVI, corporate audit reports pertaining to the region; personnel.
sec. 3; P.D. No. 1445)
3. Upon delegation by the Commission Proper, exercise 1. The assignment of Commission representatives and
authority on internal Commission administration on support personnel to agencies of the government shall be
personnel, planning, financial (budgetary and accounting), determined solely by the Commission.
and legal matter pertaining to the region; and 2. The salaries and other forms of compensation of the
4.Perform such other related functions as may be personnel of the Commission shall follow a common
assigned by the Chairman. position classification and compensation plan regardless
of agency of assignment, and shall be subject to P.D. No.
Section 20. Auditing units; qualifications and assignment 985.
of heads. 3. All officials and employees of the Commission,
1. There shall be in each agency of the government an including its representatives and support personnel shall
auditing unit which shall be provided by the audited be paid their salaries, emoluments, and allowances
agency with a suitable and sufficient office space directly by the Commission out of its appropriations and
together with supplies, equipment, furniture, and other contributions, as provided in this Code.
necessary operating expenses for its proper
maintenance, including expenses for travel and Section 23. Professionalization of audit service. The
transportation. Commission shall develop and adopt for its officials and
2. The auditing unit shall be headed by an auditor employees a comprehensive and continuing manpower
assigned by the Commission who shall be a certified and development program.
public accountant or a member of the Bar or a holder of a
college degree in commerce or business administration;
major in accounting.
3. The corresponding assignment orders issued by the
Commission to such auditors and their support personnel
holding core auditing positions shall be supplementary to

Political Law
their appointments which are without specifications of
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 Section 24. Appropriations and funding.
1. The amount of appropriations for the annual operating
expenses of the Commission, including the salaries,
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CHAPTER 2
allowances and other emoluments of all its officials and
I. 1987 PHILIPPINE CONSTITUTION JURISDICTION, POWERS AND FUNCTIONS OF THE COMMISSION
employees and its central and regional offices as well as
in the auditing units in the various national and local Section 25. Statement of objectives. In keeping with its
A. Definition, Nature, and Concepts of the government agencies, including government-owned or Constitutional mandate, the Commission adheres to the following
Constitution
1. Declaration of Principles
controlled corporation, shall be included in the annual primary objectives:
a. Democracy and Republicanism general appropriations law. The usage of these funds 1. To determine whether or not the fiscal responsibility that rests
b. Renunciation of War
shall be government by the general appropriations and directly with the head of the government agency has been
c. Supremacy of Civilian Authority over
Military other budget laws; properly and effectively discharged;
2. To develop and implement a comprehensive audit program
2. State Policies
2. All government-owned or controlled corporations,
that shall encompass an examination of financial transactions,
a. Independent Foreign Policy including their subsidiaries, and self-governing boards,
b. Social Justice accounts, and reports, including evaluation of compliance with
c. Sanctity of Family and Vital Role of Youth
commissions, or agencies of the government shall applicable laws and regulations;
in Nation-Building appropriate in their respective budgets and remit to the 3. To institute control measures through the promulgation of
B. Amendment and Revision (1987 CONST.,
National Treasury an amount at least equivalent to the rules and regulations governing the receipts, disbursements, and
art. XVII, secs. 1-4; R.A. No. 6735) appropriation for the salaries and allowances of the uses of funds and property, consistent with the total economic
representative and staff of the Commission during the development effort of the government;
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- preceding fiscal year; 4. To promulgate auditing and accounting rules and regulations
58) so as to facilitate the keeping, and enhance the information
3. A maximum of one-half of one per-centum (1/2 of 1%) of
value, of the accounts of the government; 5. To adopt measures
D. Separation of Powers, and Checks and the collections from national internal revenue taxes not
Balances calculated to hasten the full professionalization of its services;
otherwise accruing to Special Funds or Special Accounts 6. To institute measures designed to preserve and ensure the
E. State Immunity (1987 CONST., art. XVI, in the General Fund of the National Government, upon independence of its representatives; and
sec. 3; P.D. No. 1445)
authority from the Minister (Secretary) of Finance, shall 7. To endeavor to bring its operations closer to the people by
be deducted from such collections and shall be remitted the delegation of authority through decentralization, consistent
to the National Treasury to cover the cost of auditing with the provisions of the new Constitution and the laws.
services rendered to local government units;
Section 26. General jurisdiction. The authority and powers of the
4. The amount estimated to be earned as a result for the
Commission shall extend to and comprehend all matters relating
assessments on government-owned or controlled
to auditing procedures, systems and controls, the keeping of the
corporations, local government units, and other agencies general accounts of the Government, the preservation of
as provided for in this Section shall be taken into vouchers pertaining thereto for a period of ten years, the
consideration in the preparation of the annual budget of examination and inspection of the books, records, and papers
the Commission, in accordance with pertinent budget relating to those accounts; and the audit and settlement of the
laws. The General Appropriations law shall provide each accounts of all persons respecting funds or property received or
year for the cost of Commission operations as may be held by them in an accountable capacity, as well as the
examination, audit, and settlement of all debts and claims of any
supported by available funds, in order to meet the audit
sort due from or owing to the Government or any of its
requirements of national and local government units and
subdivisions, agencies and instrumentalities. The said jurisdiction
of government-owned or controlled corporations and extends to all government-owned or controlled corporations,
other agencies covered by this Code. including their subsidiaries, and other self-governing boards,
commissions, or agencies of the Government, and as herein
prescribed, including non-governmental entities subsidized by
the government, those funded by donations through the
government, those required to pay levies or government share,
and those for which the government has put up a counterpart
fund or those partly funded by the government.

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Political Law
 Section 27. Appointing power. The Commission Proper
shall appoint, subject to Civil Service Law the officials
and employees of the Commission whenever they are
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stationed or assigned. Such fees shall either be appropriated in the agency's
I. 1987 PHILIPPINE CONSTITUTION current budget, charged against its savings, or appropriated
in its succeeding year's budget. Remittance shall accrue to
Section 28. Examining authority. The Commission shall
the General Fund and shall be made to the Treasurer of the
A. Definition, Nature, and Concepts of the have authority to examine books, papers, and documents
Constitution Philippines within the time provided for in the contract of
filed by individuals and corporations with, and which are
1. Declaration of Principles service, or in the billing rendered by the Commission.
a. Democracy and Republicanism in the custody of, government offices in connection with
b. Renunciation of War
government revenue collection operations, for the sole
c. Supremacy of Civilian Authority over Section 31. Deputization of private licensed professionals to
Military purpose of ascertaining that all funds determined by the assist government auditors.
2. State Policies
appropriate agencies as collectible and due the 1. The Commission may, when the exigencies of the service
a. Independent Foreign Policy government have actually been collected, except as so require, deputize and retain in the name of the
b. Social Justice
c. Sanctity of Family and Vital Role of Youth
otherwise provided in the Internal Revenue Code of 1977. Commission such certified public accountants and other
in Nation-Building licensed professionals not in the public service as it may
B. Amendment and Revision (1987 CONST.,
Section 29. Visitorial Authority. deem necessary to assist government auditors in
art. XVII, secs. 1-4; R.A. No. 6735) 1. The Commission shall have visitorial authority over non- undertaking specialized audit engagements.
C. National Territory (1987 CONST., art. I;
government entities subsidized by the government, those 2. The deputized professionals shall be entitled to such
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- required to pay levies or government share, those which compensation and allowances as may be stipulated, subject
58)
have received counterpart funds from the government or to pertinent rules and regulations on compensation and
D. Separation of Powers, and Checks and are partly funded by donations through the government, fees.
Balances
the said authority however pertaining only to the audit of
E. State Immunity (1987 CONST., art. XVI, those funds or subsidiaries coming from or through the Section 32. Government contracts for auditing, accounting,
sec. 3; P.D. No. 1445)
government. and related services.
2. Upon direction of the President (Prime Minister), the 1. No government agency shall enter into any contract with
Commission shall likewise exercise visitorial authority any private person or firm for services to undertake studies
and services relating to government auditing, including
over non-governmental entities whose loans are
services to conduct, for a fee, seminars or workshops for
guaranteed by the Government, provided that such
government personnel on these topics, unless the proposed
authority shall pertain only to the audit of the
contract is first submitted to the Commission to enable it to
government's contingent liability.
determine if it has the resources to undertake such studies
or services. The Commission may engage the services of
Section 30. Fees for audit and other services. experts from the public or private sector in the conduct of
1. The Commission shall fix and collect reasonable fees these studies. 2. Should the Commission decide not to
for the different services rendered to non-government undertake the study or service, it shall nonetheless have the
entities that shall be audited in connection with their power to review the contract in order to determine the
dealings with the government arising from subsidies, reasonableness of its costs.
counterpart funding by government, or where audited
records become the basis for a government levy or share. Section 33. Prevention of irregular, unnecessary, excessive,
Fees of this nature shall accrue to the General Fund and or extravagant expenditures of funds or uses of property;
shall be remitted to the Treasurer of the Philippines power to disallow such expenditures. The Commission shall
within 10 days following completion of the audit. promulgate such auditing and accounting rules and
2. Whenever the Commission contracts with any regulations as shall prevent irregular, unnecessary,
government entity, to render audit and related services excessive, or extravagant expenditures or uses of
beyond the normal scope of such services, the government funds or property.
Commission is empowered to fix and collect reasonable
fees.

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Political Law
 Section 34. Settlement of accounts between agencies.
The Commission shall have the power, under such
regulations as it may prescribe, to authorize and enforce
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the settlement of accounts subsisting between agencies 3. The Commission may, in the interest of the government,
I. 1987 PHILIPPINE CONSTITUTION
of the government. authorize the charging or crediting to an appropriate
account in the National Treasury, small discrepancies
(average or shortage) in the remittances to and
A. Definition, Nature, and Concepts of the Section 35. Collection of indebtedness due the
Constitution disbursements of the National Treasury, subject to the rules
government. The Commission shall, through proper
1. Declaration of Principles and regulations as it may prescribe.
a. Democracy and Republicanism channels, assist in the collection and enforcement of all
b. Renunciation of War
debts and claims, and the restitution of all funds or the
c. Supremacy of Civilian Authority over Section 37. Retention of money for satisfaction of
Military replacement or payment at a reasonable price of indebtedness to government. When any person is indebted
2. State Policies
property, found to be due the Government, or any of its to any government agency, the Commission may direct the
a. Independent Foreign Policy subdivisions, agencies or instrumentalities, or any proper officer to withhold the payment of any money due
b. Social Justice
c. Sanctity of Family and Vital Role of Youth
government- owned or controlled corporation or self- such person or his estate to be applied in satisfaction of the
in Nation-Building governing board, commission or agency of the indebtedness.
B. Amendment and Revision (1987 CONST.,
government, in the settlement and adjustment of its
art. XVII, secs. 1-4; R.A. No. 6735) accounts. If any legal proceeding is necessary to that Section 38. Authority to examine accounts of public utilities.
C. National Territory (1987 CONST., art. I;
end, the Commission shall refer the case to the Solicitor 1. The Commission shall examine and audit the books,
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- General, the Government Corporate Counsel, or the legal records, and accounts of public utilities in connection with
58)
staff of the creditor government office or agency the fixing of rates of every nature, or in relation to the
D. Separation of Powers, and Checks and concerned to institute such legal proceeding. The proceedings of the proper regulatory agencies, for
Balances
Commission shall extend full support in the litigation. All purposes of determining franchise taxes.
E. State Immunity (1987 CONST., art. XVI, such moneys due and payable shall bear interest at the 2. During the examination and audit, the public utility
sec. 3; P.D. No. 1445)
legal rate from the date of written demand by the concerned shall produce all the reports, records, books of
Commission. accounts and such other papers as may be required. The
Commission shall have the power to examine under oath any
official or employee of the said public utility.
Section 36. Power to compromise claims.
3. Any public utility refusing to allow an examination and
1. When the interest of the government so requires, the
audit of its books of accounts and pertinent records, or
Commission may compromise or release in whole or in
offering unnecessary obstruction to the examination and
part, any claim or settled liability to any government
audit, or found guilty of concealing any material information
agency not exceeding ten thousand pesos and with the
concerning its financial status shall be subject to the
written approval of the Prime Minister, it may likewise penalties provided by law.
compromise or release any similar claim or liability not
exceeding one hundred thousand pesos, the application Section 39. Submission of papers relative to government
for relief therefrom shall be submitted, through the obligations.
Commission and the Prime Minister, with their 1. The Commission shall have the power, for purposes of
recommendations, to the National Assembly. inspection, to require the submission of the original of any
2. The respective governing bodies of government-owned order, deed, contract, or other document under which any
or controlled corporations, and self-governing boards, collection of, or payment from, government funds may be
commissions or agencies of the government shall have made, together with any certificate, receipt, or other
the exclusive power to compromise or release any similar evidence in connection therewith. If an authenticated copy is
claim or liability when expressly authorized by their needed for record purposes, the copy shall upon demand be
charters and if in their judgment, the interest of their furnished.
respective corporations or agencies so requires. When
the charters do not so provide, the power to compromise
shall be exercised by the Commission in accordance with
the preceding paragraph.

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Political Law
 2. In the case of deeds to property purchased by any
government agency, the Commission shall require a
certificate of title entered in favor of the government or
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other evidence satisfactory to it that the title is in the accounts of a government agency shall submit to the
I. 1987 PHILIPPINE CONSTITUTION
government. Commission year-end trial balances and such other
supporting or subsidiary statements as may be required by
3. It shall be the duty of the officials or employees
the Commission not later than the fourteenth day of
A. Definition, Nature, and Concepts of the concerned including those in non-government entities
Constitution February. Trial balances returned by the Commission for
under audit, or affected in the audit of government and
1. Declaration of Principles revision due to non-compliance with accounting rules and
a. Democracy and Republicanism non-government entities, to comply promptly with these
b. Renunciation of War regulations, shall be resubmitted within three days after the
requirements. Failure or refusal to do so without
c. Supremacy of Civilian Authority over date of receipt by the official concerned.
Military justifiable cause shall constitute a ground for 3. Failure on the part of any official or employee to comply
2. State Policies
administrative disciplinary action as well as for with the provisions of the immediately preceding paragraph
a. Independent Foreign Policy disallowing permanently a claim under examination, shall cause the automatic suspension of the payment of his
b. Social Justice
c. Sanctity of Family and Vital Role of Youth
assessing additional levy or government share, or salary and other emoluments until he shall have complied
in Nation-Building withholding or withdrawing government funding or therewith. The violation of these provisions for at least three
B. Amendment and Revision (1987 CONST.,
donations through the government. times shall subject the offender to administrative
art. XVII, secs. 1-4; R.A. No. 6735) disciplinary action.
C. National Territory (1987 CONST., art. I;
Section 40. Investigatory and inquisitorial powers; power
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- to punish for contempt. Section 42. Statement of monthly receipts and
58)
1. The Chairman or any Commissioner of the Commission, disbursements. The Commission shall forward to the
D. Separation of Powers, and Checks and the central office managers, the regional directors, the Minister (Secretary) of Finance, as soon as practicable and
Balances
auditors of any government agency, and any other official within sixty days after the expiration of each month, a
E. State Immunity (1987 CONST., art. XVI, or employee of the Commission specially deputed in statement of all receipts of the national government of
sec. 3; P.D. No. 1445)
writing for the purpose by the Chairman shall, in whatever class, and payments of moneys made on warrants
compliance with the requirement of due process, have or otherwise during the preceding month.
the power to summon the parties to a case brought
Section 43. Powers, functions, and duties of auditors as
before the Commission for resolution, issue subpoena
representatives of the Commission.
and subpoena duces tecum, administer oaths, and
1. The auditors shall exercise such powers and functions as
otherwise take testimony in any investigation or inquiry on
may be authorized by the Commission in the examination,
any matter within the jurisdiction of the Commission.
audit and settlement of the accounts, funds, financial
2. The Commission shall have the power to punish
transactions, and resources of the agencies under their
contempts provided for in the Rules of Court, under the respective audit jurisdiction.
same procedure and with the same penalties provided 2. A report of audit for each calendar year shall be
therein. Any violation of any final and executory decision, submitted on the last working day of February following the
order or ruling of the Commission shall constitute close of the year, by the head of each auditing unit through
contempt of the Commission. the Commission to the head or the governing body of the
agency concerned, and copies thereof shall be furnished
Section 41. Annual report of the Commission. the government officials concerned or authorized to receive
1. The Commission shall submit to the President, the them. Subject to such rules and regulations as the
Prime Minister, and the National Assembly not later than Commission may prescribe from time to time, the report
the last day of September of each year an annual report shall set forth the scope of audit and shall include a
on the financial condition and results of operation of all statement of financial condition; a statement of surplus or
agencies of the government which shall include deficit analysis; a statement of operations; a statement of
recommendations of measures necessary to improve the changes in financial position; and such comments and
efficiency and effectiveness of these agencies. information as may be necessary together with such
2. To carry out the purposes of this section, the chief recommendations with respect thereto as may be advisable,
accountant or the official in charge or keeping the including a report of any impairment of capital noted in the
audit.
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Political Law
 It shall also show specifically any program, expenditure, or
other financial transaction or undertaking observed in the
course of audit which in the opinion of the auditor has been
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carried out or made without authority of law. The auditor Section 47. Constructive distraint of property of
I. 1987 PHILIPPINE CONSTITUTION shall render such other reports as the Commission may accountable Office.
require. 1. Upon the discovery in audit of a shortage in the accounts
3. In the performance of their respective audit functions as of any accountable officer and upon a finding of a prima
A. Definition, Nature, and Concepts of the
Constitution herein specified, the auditors shall employ such auditing facie case of malversation of public funds or property
1. Declaration of Principles
procedures and techniques as are determined by the against him, in order to safeguard the interest of the
a. Democracy and Republicanism
b. Renunciation of War Commission under regulations that it may promulgate. 4. The Government, the Commission may place under constructive
c. Supremacy of Civilian Authority over auditors in all auditing units shall have the custody, and be distraint personal property of the accountable officer
Military
responsible for the safekeeping and preservation of paid concerned where there is reasonable ground to believe that
2. State Policies expense vouchers, journal vouchers, stubs of treasury the said officer is retiring from the government service or
a. Independent Foreign Policy
warrants or checks, reports of collections and intends to leave the Philippines or remove his property
b. Social Justice
c. Sanctity of Family and Vital Role of Youth disbursements and similar documents together with their therefrom or hide or conceal his property. The constructive
in Nation-Building respective supporting papers, under regulations of the distraint shall be effected by requiring the accountable
B. Amendment and Revision (1987 CONST., Commission. officer concerned or any other person having possession or
art. XVII, secs. 1-4; R.A. No. 6735) control of the property to accomplish a receipt in the form
C. National Territory (1987 CONST., art. I;
Section 44. Check and audit of property or supplies. The prescribed by the Commission, covering the property
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- auditor shall from time to time conduct a careful and distrained and obligate himself to preserve the same intact
58)
thorough check and audit of all property or supplies of the and unaltered and not to dispose of it in any manner
D. Separation of Powers, and Checks and agency to which he is assigned. Such check and audit shall whatever without the express authority of the Commission.
Balances not be confined to a mere inspection and examination of the 2. In case the said accountable officer or other person
E. State Immunity (1987 CONST., art. XVI, pertinent vouchers, inventories, and other papers but shall having the possession and control of the property sought to
sec. 3; P.D. No. 1445) include an ocular verification of the existence and condition be placed under constructive distraint refuses or fails to
of the property or supplies. The recommendation of the accomplish the receipt herein referred to, the
auditor shall be embodied in the proper report. representative of the Commission, effecting the
constructive distraint shall proceed to prepare a list of such
Section 45. Annual audit and work program. Each auditor who property and in the presence of two witnesses leave a copy
is the head of an auditing unit shall develop and devise an thereof in the premises where the property distrained is
annual work program and the necessary audit program for his located after which the said property shall be deemed to
unit in accordance with regulations of the Commission. have been placed under the constructive distraint.

Section 46. Seizure of office by auditor. CHAPTER 3

1. The books accounts, papers and cash of any local DECISIONS OF THE COMMISSION
treasurer or other accountable officer shall at all times be
open to the inspection of the Commission or its duly Section 48. Appeal from decision of auditors. Any person
authorized representative. aggrieved by the decision of an auditor of any government
2. In case an examination of the accounts of a local treasurer agency in the settlement of an account or claim may within
discloses a shortage in cash which should be on hand, it six months from receipt of a copy of the decision appeal in
shall be the duty of the examining chief executive and writing to the Commission.
thereupon immediately take full possession of the office and
its contents, close and render his accounts to the date of Section 49. Period for rendering decisions of the
taking possession, and temporarily continue the public Commission. The Commission shall decide any case brought
business of such office.
before it within sixty days from the date of its submission for
3. The auditor who takes possession of the office of the
resolution.
local treasurer under this section shall ipso facto supersede
the local treasurer until the officer involved is restored, or
other provision has been lawfully made for filling the office.

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Political Law
 If the account or claim involved in the case needs reference
to other persons or offices, or to a party interested, the
period shall be counted from the time the last comment
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necessary to a proper decision is received by it. Section 54. General standards.
I. 1987 PHILIPPINE CONSTITUTION 1. The audit shall be performed by a person possessed with
Section 50. Appeal from decisions of the Commission. The adequate technical training and proficiency as auditor.
party aggrieved by any decision, order or ruling of the 2. In all matters relating to the audit work, the auditor shall
A. Definition, Nature, and Concepts of the
Constitution Commission may within thirty days from his receipt of a copy maintain complete independence, impartiality and objectivity
1. Declaration of Principles
thereof appeal on certiorari to the Supreme Court in the shall avoid any possible compromise of his independence or
a. Democracy and Republicanism
b. Renunciation of War manner provided by law and the Rules of Court. When the any act which may create a presumption of lack of
c. Supremacy of Civilian Authority over decision, order, or ruling adversely affects the interest of any independence or the possibility of undue influence in the
Military
government agency, the appeal may be taken by the proper performance of his duties.
2. State Policies head of that agency. 3. The auditor shall exercise due professional care and be
a. Independent Foreign Policy
b. Social Justice
guided by applicable laws, regulations and the generally
c. Sanctity of Family and Vital Role of Youth Section 51. Finality of decisions of the Commission or any accepted principles of accounting in the performance of the
in Nation-Building auditor. A decision of the Commission or of any auditor upon audit work as well as in the preparation of audit and financial
B. Amendment and Revision (1987 CONST., any matter within its or his jurisdiction, if not appealed as reports.
art. XVII, secs. 1-4; R.A. No. 6735) herein provided, shall be final and executory.
C. National Territory (1987 CONST., art. I; Section 55. Examination and evaluation standards.
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- Section 52. Opening and revision of settled accounts. 1. The audit work shall be adequately planned and assistants
58)
1. At any time before the expiration of three years after the shall be properly supervised.
D. Separation of Powers, and Checks and settlement of any account by an auditor, the Commission 2. A review shall be made of compliance with legal and
Balances may motu propio review and revise the account or settlement regulatory requirements.
E. State Immunity (1987 CONST., art. XVI, and certify a new balance. For that purpose, it may require 3. An evaluation shall be made of the system of internal
sec. 3; P.D. No. 1445) any account, vouchers, or other papers connected with the control and related administrative practices to determine
matter to be forwarded to it. the extent they can be relied upon to ensure compliance
2. When any settled account appears to be tainted with with laws and regulations and to provide for efficient,
fraud, collusion, or error calculation, or when new and economical and effective operations.
material evidence is discovered, the Commission may, within 4. The auditor shall obtain through inspections, observation,
three years after the original settlement, open the account, inquiries, confirmation and other techniques, sufficient
and after a reasonable time for reply or appearance of the competent evidential matter to afford himself a reasonable
party concerned, may certify thereon a new balance. An basis for his opinions, judgments, conclusions, and
auditor may exercise the same power with respect to settled recommendations.
accounts pertaining to the agencies under his audit
jurisdiction. Section 56. Reporting standards.
3. Accounts once finally settled shall in no case be opened 1. Audit reports shall be dated, signed manually and shall be
or reviewed except as herein provided. issued and distributed in the manner provided by regulations
of the Commission.
TITLE II 2. Audit reports shall contain basically the transmittal
GOVERNMENT AUDITING statement, scope and objectives of the audit and time
CHAPTER 1 BASIC POLICIES AND STANDARDS period examined highlights, financial information, findings,
recommendations and conclusions as well as other data that
Section 53. Definition of government auditing. government may provide the management of the audited agency with the
Auditing is the analytical and systematic examination and necessary input for the decision-making process. Tables,
verification of financial transactions, operations, accounts,
charts, graphs and other data to detail the conditions and
and reports of any government agency for the purpose of
facts shall be used in proper cases.
determining their accuracy, integrity, and authenticity, and
satisfying the requirements of law, rules and regulations. The
conduct of government audit shall conform with the auditing
standards set forth in the following three sections.
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Political Law
 3. Audit reports shall meet the following reporting criteria:
(a) Factual matter must be accurately, completely and fairly
presented.
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(b) Findings must be presented objectively and in language (c) Identity any matter to which he takes exception and shall
I. 1987 PHILIPPINE CONSTITUTION as clear and simple as the subject matter permits. specifically and clearly state his exceptions together with a
(c) Findings must be adequately supported by evidence in statement on the effect thereof, to the extent practicable, on
the audit working papers. the related financial report.
A. Definition, Nature, and Concepts of the
Constitution (d) Reports must be concise yet complete enough to be (d) Contain appropriate supplementary explanatory
1. Declaration of Principles
readily understood by the users. information about the contents of the financial report as may
a. Democracy and Republicanism
b. Renunciation of War (e) Information on underlying causes of problems must be be necessary for full and informative disclosure about the
c. Supremacy of Civilian Authority over included so as to assist in implementing or devising financial operations of the agency audited.
Military
corrective actions. (e) Explain violations of legal or other regulatory
2. State Policies 4. Audit reports shall: requirements, including instances of non-compliance.
a. Independent Foreign Policy
(a) Put primary emphasis on improvement; critical comments
b. Social Justice
c. Sanctity of Family and Vital Role of Youth shall be presented in balanced perspective, recognizing CHAPTER 2
in Nation-Building unusual difficulties or circumstances faced by officials AUDIT OBJECTIVES
B. Amendment and Revision (1987 CONST., concerned.
art. XVII, secs. 1-4; R.A. No. 6735) (b) Identify and explain issued and questions needing further Section 57. Determination of audit procedures. In the
study and consideration by the auditor, the agency or others. determination of auditing procedures and techniques to be
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- (c) Include recognition or noteworthy accomplishments followed and the extent of examination of vouchers and
58)
particularly when management improvements in one area or other documents by government auditors, the Commission
D. Separation of Powers, and Checks and activity may be applied elsewhere. shall give due regard to generally accepted principles of
Balances (d) Include recognition of the views of responsible officials auditing and accounting organizations and systems, including
of the agency audited on the auditors findings, conclusions consideration of the effectiveness of internal control and
E. State Immunity (1987 CONST., art. XVI,
sec. 3; P.D. No. 1445) and recommendations. Except where the possibility of fraud related administrative practices of the audited agencies.
or other compelling reason may require different treatment,
the auditor's tentative findings and conclusions should be Section 58. Audit of assets. The examination and audit of
reviewed with officials. When possible, without undue delay, assets shall be performed with a view to ascertaining their
their view should be obtained in writing and objectively existence ownership, valuation and encumbrances as well as
considered and presented in the final report. the propriety of items composing the respective asset
(e) State whether any significant pertinent information has accounts, determining their agreement with records, proving
been omitted because it is deemed confidential. The nature the accuracy of such records; ascertaining if the assets were
of such information should be described and the law or other utilized economically, efficiently and effectively; and
basis under which it is withheld should be stated. evaluating the adequacy of controls over the accounts.
5. Audit reports accompanying financial reports shall:
(a) State whether the audit was made in accordance with Section 59. Audit of Liabilities. In his audit of liabilities the
generally accepted auditing standards, and shall disclose auditor shall seek to establish that all obligations of the
the omission of any auditing procedure generally recognized agency have been accurately recorded; only bonafide
as normal or deemed necessary by him under the obligations of the agency have been included; the
circumstances of a particular case, as well as the reasons obligations incurred are properly authorized; all provisions of
for the omission. Nothing in this section, however, shall be trust indentures or mortgages are complied with; and
construed to imply authority for the omission of any mortgages and other encumbrances are fully disclosed.
procedure which auditors would ordinarily employ in the
course of audit. Section 60. Audit of revenue accounts. The examination and
(b) Express the auditor's opinion with respect to i. whether audit of revenue accounts shall be performed with a view to
the financial report have been presented fairly in accordance ascertaining that earned revenues have been duly recorded;
with applicable laws and regulations and the generally and all recorded revenues have been earned and appropriate
accepted accounting principles applied on a consistent classifications of revenues have been consistently followed.
basis. ii. material changes in accounting principles and
practices and their effect on the financial reports.
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Political Law
 Section 61. Audit of expense accounts. The examination of
expense accounts shall be undertaken to ascertain that all
expenses incurred have been duly authorized; adequately
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funded and documented; properly recorded; all recorded Section 66. Special, Fiduciary and Trust Funds. Receipts shall
I. 1987 PHILIPPINE CONSTITUTION expenses have been actually incurred; and the be recorded as income of Special Fiduciary of Trust Funds or
classifications of expenses are appropriate and have been Funds other than the General Fund only when authorized by
consistently followed. law as implemented by rules and regulations issued by the
A. Definition, Nature, and Concepts of the
Constitution Permanent Committee created in the preceding section.
1. Declaration of Principles
Section 62. Audit of surplus or networth. The audit of surplus
a. Democracy and Republicanism
or networth shall seek to determine the nature of the Section 67. Warrants and checks receivables in payment for
b. Renunciation of War
c. Supremacy of Civilian Authority over surplus, whether current or invested surplus; the amount of taxes or other indebtedness to the government.
Military
current surplus available to cover appropriations for the 1. An office charged with the collection of revenue or the
2. State Policies operational expenses of the government, the propriety of the receiving of moneys payable to the government shall accept
a. Independent Foreign Policy
ledger accounts and balance sheet presentation account; payment for taxes, dues or other indebtedness to the
b. Social Justice government in the form of checks and warrants issued in
c. Sanctity of Family and Vital Role of Youth and the proper authority and recording of changes in the
payment of government obligations, identification upon proper
in Nation-Building capital structure made during the period under audit.
indorsement and of the payee or indorsee. Checks drawn in
B. Amendment and Revision (1987 CONST.,
favor of the government in payment of any such indebtedness
art. XVII, secs. 1-4; R.A. No. 6735) CHAPTER 3
shall likewise be accepted by the officer concerned.
RECEIPT AND DISPOSITION OF FUNDS AND PROPERTY
C. National Territory (1987 CONST., art. I; 2. When a check drawn in favor of the government is not
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55-
58) accepted by the drawee bank for any reason, the drawer shall
Section 63. Accounting for moneys and property received by
continue to be liable for the sum due and all penalties
D. Separation of Powers, and Checks and public officials. Except as may otherwise be specifically
resulting from delayed payment. Where the reason for non
Balances provided by law or competent authority all moneys and
acceptance by the drawee bank is insufficiency of funds, the
property officially received by a public officer in any capacity
E. State Immunity (1987 CONST., art. XVI, drawer shall be criminally liable therefore.
sec. 3; P.D. No. 1445) or upon any occasion must be accounted for as government 3. At no instance should money in the hands of the collecting
funds and government property. Government property shall officer be utilized for the purpose of encashing private
be taken up in the books of the agency concerned at checks.
acquisition cost or an appraised value.
Section 68. Issuance of Official receipt.
Section 64. Designation of collecting officers for government 1. No payment of any nature shall be received by a collecting
agencies. The head of an agency may designate such number officer without immediately issuing an official receipt in
of collecting officers or agents may be deemed necessary. acknowledgment thereof The receipt may be in the form of
They shall render reports of their collections, under the postage, internal revenue or documentary stamps and the like,
regulations of the Commission, to be submitted promptly to or officially numbered receipts, subject to proper custody,
the auditor concerned who shall conduct the necessary accountability, and audit.
examination land audit within thirty days from receipt thereof. 2. Where mechanical devices are used to acknowledge cash
receipts, the Commission may approve, upon request,
Section 65. Accrual of income to unappropriated surplus of exemption from the use of accountable forms.
the General Fund.
(1) Unless otherwise specifically provided by law, income Section 69. Deposit of moneys in the treasury. 1. Public
accruing to the agencies by virtue of the provisions of law, officers authorized to receive and collect moneys arising from
orders and regulations shall be deposited in the National taxes, revenues, or receipts of any kind shall remit or deposit
Treasury or in any duly authorized government depository, intact the full amounts so received and collected by them to
and shall accrue to the unappropriated surplus of the the treasury of the agency concerned and credited to the
General Fund of the Government. particular accounts to which the said moneys belong. The
(2) Amounts received in trust and from business-type amount of the collections ultimately payable to other agencies
activities of government may be separately recorded and of the government shall thereafter be remitted to the
disbursed in accordance with such rules and regulations as respective treasuries of these agencies, under regulations
may be determined by a Permanent Committee composed of which the Commission and the Department (Ministry) of
the Secretary (Minister) of Finance as Chairman, and the Finance shall prescribe.

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Commissioner of the Budget and the Chairman, Commission
of Audit, as members.
17
Political Law
 2. When exigencies of the service so require, under such
rules and regulations as the Commission and the Department
(Ministry) of Finance may prescribe, postmasters may be
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authorized to use their collections to pay money orders, Section 73. Credit for loss occurring in transit or due to casualty
I. 1987 PHILIPPINE CONSTITUTION telegraphic transfer and withdrawals from the proper or forces majeure.
depository bank whenever their cash advance funds for the 1. When a loss of government funds or property occurs while
purpose have been exhausted. The amount of collections so they are in transit or the loss is caused by fire, theft, or other
A. Definition, Nature, and Concepts of the
casualty or force majeure, the officer accountable therefore or
Constitution used shall be restored upon receipt by the postmaster of the
1. Declaration of Principles having custody thereof shall immediately notify the Commission
replenishment of his cash advance.
a. Democracy and Republicanism or the auditor concerned and, within thirty days or such longer
b. Renunciation of War 3. Pending remittance to the proper treasury, collecting
period as the Commission or auditor may in the particular case
c. Supremacy of Civilian Authority over officers may temporarily deposit collections received by
Military allow, shall present his applicable for relief, with the available
them with any treasury, subject to regulations of the supporting evidence. Whenever warranted by the evidence credit
2. State Policies Commission. for the loss shall be allowed. An officer who fails to comply with
a. Independent Foreign Policy
4. The respective treasuries of those agencies shall in turn this requirement shall not be relieved of liability or allowed
b. Social Justice
c. Sanctity of Family and Vital Role of Youth deposit with the proper government depository the full credit for any loss in the settlement of his accounts.
in Nation-Building amount of the collections not later than the following 2. The Commission shall promulgate rules and regulations to
B. Amendment and Revision (1987 CONST., banking day. implement the provisions of this section.
art. XVII, secs. 1-4; R.A. No. 6735)

Section 70. Acknowledgment of receipt for funds. Under Section 74. Monthly reports of depositories to agency head. At
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- such rules and regulations as the Commission and the the close of each month, depositories shall report to the agency
58)
Department (Ministry) of Finance may prescribe, the head, in such from as he may direct, the condition of the agency
Treasurer of the Philippines and all authorized depository account standing on their books. The head of the agency shall
D. Separation of Powers, and Checks and
Balances banks shall acknowledge receipt of all funds received by see to it that a reconciliation is made between the balance
shown in the reports and the balance found in the books of the
E. State Immunity (1987 CONST., art. XVI, them, the acknowledgment bearing the date of actual
agency.
sec. 3; P.D. No. 1445) remittance or deposit and indicating from whom and on what
account it was received.
Section 75. Transfer of funds from one officer to another.
Transfer of government funds from one officer to another shall,
Section 71. Creditors' unclaimed balances. except as allowed by law or regulation, be made only upon prior
1. There shall be maintained in the books of the Commission direction or authorization, of the Commission or its
an account designated "Creditors' Unclaimed Balances" to representative.
the credit of which shall be deposited all moneys for which
there is no present rightful claimant. Money accruing to this Section 76. Transfer of property between government agencies.
account shall be held exclusively for the payment of Any government property that is no longer serviceable or needed
pertinent obligations against it, when certified by the by the agency to which it belongs may be transferred without
Commission, not in excess of the respective amounts which cost, or at an appraised value, to other agencies of the
accrued to that account by reason of these obligations. government upon authority of the respective heads of agencies
2. After remaining unclaimed for a period of ten years, money in the national government, or of the governing bodies of
in this account shall revert as treasury funds, to the agency government-owned or controlled corporations, other self-
that made the deposit, or, in the absence thereof to the governing boards or commissions or the government, or of the
local legislative bodies for local government units concerned.
national government.
Section 77. Invoice and receipt upon transfer of funds or
Section 72. Shipment of government funds or property by
property. When government funds or property are transferred
carrier; notation of evidence of loss. When government funds
from one accountable officer to another, or from an outgoing
or property are transported from one place to another by officer to his successor, it shall be done upon properly itemized
carrier, it shall be upon proper bill of lading or receipt from invoice and receipt which shall invariably support the clearance
the carrier, it shall be the duty of the consignee or his to be issued to the relieved or out-going officer, subject to
representative to make full notation of any evidence of loss, regulations of the Commission.
shortage, or damage, upon the bill of lading or receipt before
accomplishing it.

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Political Law
 Section 78. Disposition of funds or property held by
deceased, incapacitated,
accountable officer.
absconding, or superseded
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1. When an officer, accountable for government funds or Section 80. Final report of accountable officers. 1. An
I. 1987 PHILIPPINE CONSTITUTION property absconds with them dies, or becomes incapacitated accountable officer, upon ceasing to act in his official
in the performance of his duties, the proper agency head capacity as such, shall submit to the auditor of the agency
shall designate a custodian to take charge of the funds or concerned a report of his accountability. 2. Any remaining
A. Definition, Nature, and Concepts of the
Constitution property until a successor shall have been appointed and balance of such accountability shall be deposited in the
1. Declaration of Principles
qualified. The agency head may appoint a committee to proper treasury without unnecessary delay.
a. Democracy and Republicanism
b. Renunciation of War count the cash and take an inventory of the property for
c. Supremacy of Civilian Authority over which the officer was accountable and to determine the Section 81. Auditor's certificate of balance. Auditors of all
Military
responsibility for any shortage therein. One copy of the government agencies, shall certify the balances arising in the
2. State Policies inventory and of the report of the Committee duly certified accounts settled by them to the Commission and to the proper
a. Independent Foreign Policy
shall be filed with the Commission but the findings of the treasurer, collecting officer, or disbursing officer, in such form
b. Social Justice as the Commission may prescribe, within sixty days from the
c. Sanctity of Family and Vital Role of Youth committee shall not be conclusive until approved by the
date of receipt of those accounts from the treasurer,
in Nation-Building Commission or its duly authorized representative.
collecting officer, or disbursing officer concerned.
B. Amendment and Revision (1987 CONST., 2. If the absconding, deceased, incapacitated, or superseded
art. XVII, secs. 1-4; R.A. No. 6735) officer is accountable for funds or property of a province or
Section 82. Auditor's notice to accountable officer of balance
city, the custodian and committee shall be designated by the
C. National Territory (1987 CONST., art. I; shown upon settlement. The auditor concerned shall, at
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- Minister (Secretary) of Finance, and if accountable for
58) convenient intervals, send a written notice under a certificate
municipal or barrio (barangay) funds or property, by the
of settlement to each officer whose accounts have been
D. Separation of Powers, and Checks and provincial treasurer. In all other respects, the above-
audited and settled in whole or in part by him, stating the
Balances prescribed proceedings shall be observed.
balances found due thereon and certified, and the charges or
3. If the absconding, deceased, incapacitated, or superseded
E. State Immunity (1987 CONST., art. XVI, differences arising from the settlement by reason of
sec. 3; P.D. No. 1445) officer is responsible to another who is accountable, the disallowances, charges, or suspensions. The certificate shall
latter may himself designate the committee or take other be properly itemized and shall state the reasons for
lawful measures for the protection of his interest. disallowance, charge, or suspension of credit. A charge of
suspension which is not satisfactorily explained within ninety
Section 79. Destruction or sale of unserviceable property. days after receipt of the certificate or notice by the
When government property has become unserviceable for accountable officer concerned shall become a disallowance,
any cause, or is no longer needed, it shall, upon application unless the Commission or auditor concerned shall, in writing
of the officer accountable therefor, be inspected by the head and for good cause shown, extend the time for answer beyond
of the agency or his duly authorized representative in the ninety days.
presence of the auditor concerned and, if found to be
valueless or unsalable, it may be destroyed in their Section 83. Transcript of auditor's record as evidence of
presence. If found to be valuable, it may be sold at public liability. In any criminal or civil proceeding against an officer
auction to the highest bidder under the supervision of the for the embezzlement or misappropriation of government
proper committee an award or similar body in the presence funds or property, or to recover an amount due the
of the auditor concerned or other duly authorized government from an accountable officer it shall be sufficient,
representative of the Commission, after advertising by for the purpose of showing a balance against him, to produce
printed notice in the Official Gazette, or for not less than the working papers of the auditor concerned. A showing in this
three consecutive days in any newspaper of general manner of any balance against the officer shall be prima facie
circulation, or where the value of the property does not evidence of the misappropriation of the funds or property
warrant the expense of publication, by notices posted for a unaccounted for or of civil liability of the officer as the case
like period in at least three public places in the locality may be. The existence or contents of bonds, contracts, or
where the property is to be sold. In the event that the public other papers relating to or connected with the settlement of
auction fails, the property may be sold at a private sale at any account may be proved by the production of certified
such price as may be fixed by the same committee or body copies thereof but the court may require the production of the
concerned and approved by the Commission. original when this appears to be necessary for the attainment
of justice.

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Political Law
 CHAPTER 4
APPLICATION OF APPROPRIATED FUNDS
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Section 84. Disbursement of government funds. auditor concerned. The certificate signed by the proper
I. 1987 PHILIPPINE CONSTITUTION 1. Revenue funds shall not be paid out of any public treasury accounting official and the auditor who verified it, shall be
or depository except in pursuance of an appropriation law or attached to and become an integral part of the proposed
other specific statutory authority. contract, and the sum so certified shall not thereafter be
A. Definition, Nature, and Concepts of the
Constitution 2. Trust funds shall not be paid out of any public treasury or available for expenditure for any other purpose until the
1. Declaration of Principles
depository except in fulfillment of the purpose for which the obligation of the government agency concerned under the
a. Democracy and Republicanism
trust was created or funds received, and upon authorization contract is fully extinguished.
b. Renunciation of War
c. Supremacy of Civilian Authority over of the legislative body, or head of any other agency of the
Military
government having control thereof, and subject to pertinent Section 87. Void contract and liability of officer. Any contract
2. State Policies budget law, rules and regulations. entered into contrary to the requirements of the two
a. Independent Foreign Policy
3. National revenue and trust funds shall not be withdrawn immediately preceding sections shall be void, and the officer
b. Social Justice or officers entering into the contract shall be liable to the
c. Sanctity of Family and Vital Role of Youth from the National Treasury except upon warrant or other
government or other contracting party for any consequent
in Nation-Building instruments of withdrawal approved by the Minister
damage to the same extent as if the transaction had been
B. Amendment and Revision (1987 CONST., (Secretary) of Finance as recommended by the Treasurer of
wholly between private parties.
art. XVII, secs. 1-4; R.A. No. 6735) the Philippines.
4. Temporary investment of investible cash in the National
C. National Territory (1987 CONST., art. I; Section 88. Prohibition against advance payment on
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- Treasury in any securities issued by the National Government
58) government contracts.
and its political subdivisions and instrumentalities including
1. Except with the prior approval of the President (Prime
D. Separation of Powers, and Checks and government-owned or controlled corporations as authorized
Minister) the government shall not be obliged to make an
Balances by the Secretary (Minister) of Finance, shall not be construed
advance payment for services not yet rendered or for supplies
as disbursements of funds.
E. State Immunity (1987 CONST., art. XVI, and materials not yet delivered under any contract therefor.
sec. 3; P.D. No. 1445)
No payment, partial or final, shall be made on any such
Section 85. Appropriation before entering into contract. contract except upon a certification by the head of the agency
1. No contract involving the expenditure of public funds shall concerned to the effect that the services or supplies and
be entered into unless there is an appropriation therefor, the materials have been rendered or delivered in accordance with
unexpended balance of which, free of other obligations, is the terms of the contract and have been duly inspected and
sufficient to cover the proposed expenditure. accepted.
2. Notwithstanding this provision, contracts for the 2. the Notwithstanding the foregoing paragraph, any
procurement of supplies and materials to be carried in stock government agency, with approval of the proper department
may be entered into under regulations of the Commission head, may furnish supplies and materials to any party who has
provided that when issued, the supplies and materials shall a contract with that agency if the supplies and materials are
be charged to the proper appropriation account. needed in the performance of the services being contracted
for and the value thereof does not exceed in any one month
Section 86. Certificate showing appropriation to meet ten percent of the value of the services already rendered due
contract. Except in the case of a contract for personal and unsettled as computed by the agency concerned.
service, for supplies for current consumption or to be carried
in stock not exceeding the estimated consumption for three Section 89. Limitations on cash advance. No cash advance
months, or banking transactions of government-owned or shall be given unless for a legally authorized specific purpose.
controlled banks no contract involving the expenditure of A cash advance shall be reported on and liquidated as soon as
public funds by any government agency shall be entered into the purpose for which it was given has been served. No
or authorized unless the proper accounting official of the additional cash advance shall be allowed to any official or
agency concerned shall have certified to the officer entering employee unless the previous cash advance given to him is
into the obligation that funds have been duly appropriated for first settled or a proper accounting thereof is made.
the purpose and that the amount necessary to cover the
proposed contract for the current fiscal year is available for
expenditure on account thereof, subject to verification by the

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Political Law
 Section 90. Payment of rewards. When a reward becomes
payable by authority of law for information given relative to
any offense or for any act done in connection with the
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apprehension of the offender, the reward shall, in the Section 94. Countersigning of warrants or checks by auditors.
I. 1987 PHILIPPINE CONSTITUTION absence of special provisions, be paid in such manner as No warrant or check shall be paid by the Treasurer of the
shall be prescribed by executive order. The final Philippines, local treasurer, or any government depository
determination by the proper administrative authority pursuant unless it is countersigned by a duly authorized official of the
A. Definition, Nature, and Concepts of the
Constitution to law or any such order, as to whether or not the persons Commission. When in the opinion of the Commission, the
1. Declaration of Principles
concerned are entitled to any reward and the amount interest of the service so requires the warrant or check may
a. Democracy and Republicanism
thereof, shall be conclusive upon the executive agencies be paid without the countersignature under such rules and
b. Renunciation of War
c. Supremacy of Civilian Authority over concerned as regards the liability of the government. regulations as it may prescribe from time to time.
Military

2. State Policies Section 91. Payments to creditors. Payments to creditors Section 95. Treasurer's responsibility for indorsements. The
a. Independent Foreign Policy
shall be made only upon the specific approval of the head of Treasurer of the Philippines shall, within three years from the
b. Social Justice date of payment by him, be responsible for the indorsements
c. Sanctity of Family and Vital Role of Youth the agency concerned or his duly authorized representative,
on all warrants and checks and shall retain them in his
in Nation-Building or if there be no such officer, upon the approval of the
custody, after which they shall be disposed of under pertinent
B. Amendment and Revision (1987 CONST., department head endorsed upon the warrant or check or
regulations: Provided, that they are not needed for pending
art. XVII, secs. 1-4; R.A. No. 6735) voucher effecting the payment.
civil, criminal or administrative proceedings.
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- Section 92. Persons authorized to draw warrants or checks
58) Section 96. Payment of lost or fraudulently encashed treasury
for payment out of government funds.
warrants or checks. When any check or warrant is lost, stolen
D. Separation of Powers, and Checks and 1. Warrants upon the National Treasury or checks draw
or destroyed, the issuing officer may issue a duplicate check
Balances against duly authorized bank accounts shall be drawn by the
or warrant which shall be paid under regulations of the
agency head having control of the appropriation or fund
E. State Immunity (1987 CONST., art. XVI, Commission in regard to issuance and payment and upon the
sec. 3; P.D. No. 1445) against which the warrants or checks are chargeable, or by execution of a bond to indemnify the issuing agency in such
such subordinate officer as shall be designated for that duty amount and with such security as the Commission may require.
by the said agency head, who shall all be duly deputized for Treasury Warrant or check encashed under forged or
the purpose by the Treasurer of the Philippines. Copies of fraudulent indorsement shall be replaced by the Treasurer of
the designation shall be furnished the Treasurer of the the Philippines even before the recovery of the equivalent
Philippines and the representative of the Commission. Notice amount under rules and regulations that the Commission and
shall likewise be given to the Treasurer of the Philippines the Department (Ministry) of Finance shall prescribe. The
and the Commission when the designation is revoked. No Clearing or Payment of Treasury warrant and check paid by
member of the accounting unit or the internal control unit of bank or other holder in due course and subsequently lost may
the agency may be designated to perform the duty. be allowed under regulations of the Commission and the
2. Warrants chargeable to national appropriations or funds Department (Ministry) of Finance.
not under the control of an agency shall be drawn by such
officer as shall be specified by law, or, in the absence of that Section 97. Disposition of stale warrants or checks.
officer, by an officer designated by the President (Prime 1. A Treasury warrant or check which remains outstanding after
Minister). two years from date of its issue shall not be paid by the
Treasurer of the Philippines or by any duly authorized
Section 93. To whom warrants or checks payable. Warrants depository. The issuing agency shall take up in its books of
chargeable to revenue or trust funds of the national accounts the amount of this warrant or check as surplus
government or checks drawn against the Treasury Checking adjustment of the fund against which it was previously
Account for Agencies maintained with any government charged. Upon presentation of a stale warrant or check, the
depository shall be made payable either directly to the issuing agency shall cancel it and issue to the payee a
creditor to whom the money is due or to a disbursing officer substitute warrant or check in lieu thereof.
for official disbursement.

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Political Law
 2. Such sum as may be necessary to meet the obligation
arising out of the issuance of substitute warrants or checks
chargeable against the general fund shall be charged to the
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current year's General Appropriations law, subject to 2. Every accountable officer shall be properly bonded in
I. 1987 PHILIPPINE CONSTITUTION pertinent budget rules and regulations. Substitute warrants accordance with law.
or checks payable from funds other than the general fund
shall be paid from the appropriate funds. Section 102. Primary and secondary responsibility.
A. Definition, Nature, and Concepts of the
Constitution 1. The head of any agency of the government is immediately
1. Declaration of Principles
Section 98. Reversion of unliquidated balances of accounts and primarily responsible for all government funds and
a. Democracy and Republicanism
b. Renunciation of War payable. The Commission upon notice to the head of agency property pertaining to his agency.
c. Supremacy of Civilian Authority over concerned may revert to the unappropriated surplus of the 2. Persons entrusted with the possession or custody of the
Military
general fund of the national government, any unliquidated funds or property under the agency head shall be
2. State Policies balance of accounts payable in the books of the national immediately responsible to him, without prejudice to the
a. Independent Foreign Policy
government, which has been outstanding for two years or liability of either party to the government.
b. Social Justice
c. Sanctity of Family and Vital Role of Youth more and against which no actual claim, administrative or
in Nation-Building judicial, has been filed or which is not covered by perfected Section 103. General liability for unlawful expenditures.
B. Amendment and Revision (1987 CONST., contracts on record. This section shall not apply to Expenditures of government funds or uses of government
art. XVII, secs. 1-4; R.A. No. 6735) unliquidated balances of accounts payable in trust funds as property in violation of law or regulations shall be a personal
long as the purposes for which the funds were created have liability of the official or employee found to be directly
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- not been accomplished. responsible therefor.
58)

D. Separation of Powers, and Checks and Section 99. Transfer of unexpended balances to the general Section 104. Records and reports required by primarily
Balances fund. The Commission may transfer at any time, from moneys responsible officers. The head of any agency or
E. State Immunity (1987 CONST., art. XVI, appropriated for a specific purpose, to the unappropriated instrumentality of the national government or any
sec. 3; P.D. No. 1445) general fund any surplus balance standing to the credit of government-owned or controlled corporation and any other
any appropriation or fund when the officer having self- governing board or commission of the government shall
administrative control thereof certifies to the Commission exercise the diligence of a good father of a family in
that there is a surplus in excess of the requirements, or that supervising accountable officers under his control to prevent
the work or purpose for which the appropriation was made the incurrence of loss of government funds or property,
has been completed, indefinitely postponed or abandoned, otherwise he shall be jointly and solidarily liable with the
and that there is no outstanding obligation to be paid person primarily accountable therefore. The treasurer of the
therefrom. local government unit shall likewise exercise the same
degree of supervision over accountable officers under his
Section 100. Reports of disbursing officers in a government supervision otherwise, he shall be jointly and solidarily liable
agency. Disbursing officers in any government agency shall with them for the loss of government funds or property under
render monthly reports of their transactions pursuant to their control.
regulations of the Commission to be submitted not later than
the fifth day of the ensuing month to the auditor concerned Section 105. Measure of liability of accountable officers.
who shall conduct the necessary examination and audit 1. Every officer accountable for government property shall be
within thirty days from receipt thereof. liable for its money value in case of improper or unauthorized
used or misapplication thereof, by himself or any person for
CHAPTER 5 whose acts he may be responsible. He shall likewise be
ACCOUNTABILITY AND RESPONSIBILITY FOR GOVERNMENT liable for all losses, damages, or deterioration occasioned by
FUNDS AND PROPERTY. negligence in the keeping or use of the property whether or
not it be at the time in his actual custody.
Section 101. Accountable officers; bond requirement. 2. Every officer accountable for government funds shall be
1. Every officer of any government agency whose duties liable for all losses resulting from the unlawful deposit, use,
permit or require the possession or custody of government or application thereof and for all losses attributable to
funds or property shall be accountable therefor and for the negligence in the keeping of the funds.
safekeeping thereof in conformity with law.
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Political Law
 Section 106. Liability for acts done by direction of
superior officer. No accountable officer shall be relieved
from liability by reason of his having acted under the
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direction of a superior officer in paying out, applying, or CHAPTER 2
I. 1987 PHILIPPINE CONSTITUTION
disposing of the funds or property with which he is ACCOUNTS AND ACCOUNTING
chargeable, unless prior to that act, he notified the
A. Definition, Nature, and Concepts of the superior officer in writing of the illegality of the payment, Section 111. Keeping of accounts.
Constitution
application, or disposition. The officer directing any 1. The accounts of an agency shall be kept in such detail
1. Declaration of Principles
a. Democracy and Republicanism illegal payment or disposition of the funds or property as is necessary to meet the needs of the agency and at
b. Renunciation of War
shall be primarily liable for the loss, while the the same time be adequate to furnish the information
c. Supremacy of Civilian Authority over
Military accountable officer who fails to serve the required notice needed by fiscal or control agencies of the government.
shall be secondarily liable. 2. The highest standards of honesty, objectivity and
2. State Policies
a. Independent Foreign Policy consistency shall be observed in the keeping of accounts
b. Social Justice
Section 107. Time and mode of rendering account. In the to safeguard against inaccurate or misleading information.
c. Sanctity of Family and Vital Role of Youth
in Nation-Building absence of specific provision of law, all accountable
officers shall render their accounts, submit their Section 112. Recording of financial transaction. Each
B. Amendment and Revision (1987 CONST.,
art. XVII, secs. 1-4; R.A. No. 6735) vouchers, and make deposits of money collected or held government agency shall record its financial transactions
by them at such times and in such manner as shall be and operations conformity with generally accepted
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- prescribed in the regulations of the Commission. accounting principles and in accordance with pertinent
58) laws and regulations.
D. Separation of Powers, and Checks and Section 108. Prohibition against pecuniary interest. No
Balances
accountable or responsible officer shall be pecuniary Section 113. Chart of accounts. The chart of accounts for
E. State Immunity (1987 CONST., art. XVI, interested, directly or indirectly, in any contract or government agencies shall be prescribed by the
sec. 3; P.D. No. 1445)
transaction of the agency in which he is such an officer. Commission and shall be so designed as to permit
agency heads to review their activities according to
TITLE III selected areas of responsibility; allow for a clearer
GOVERNMENT ACCOUNTING definition of obligation accounting leading to more
CHAPTER 1 BASIC PRINCIPLES AND OBJECTIVES precise budgetary control; provide for a wider range of
analytical information designed for use in management
Section 109. Definition. Government accounting audit or legislative review; furnish information regarding
encompasses the processes of analyzing, recording, the production of income and the investment in capital
classifying, summarizing and communicating all items which is of value in fiscal and economic planning;
transactions involving the receipt and disposition of enable tighter accounting control to be exercised over
government funds and property, and interpreting the agencies' financial relationship with the Treasury; permit
results thereof. a more simplified preparation of trial balances and a
simpler and more orderly preparation of trial balances
Section 110. Objectives of government accounting. and a simpler and more orderly process of national
Government accounting shall aim to consolidation and facilitate the application of mechanized
1. produce information concerning past operations and accounting procedures for more effective protection
present conditions; against error and irregularity and yielding economies in
2. provide a basis for guidance for future operations; operation.
3. provide for control of the acts of public bodies and
officers in the receipt, disposition and utilization of funds Section 114. The general ledger.
and property; and 1. The government accounting system shall be on a
4. report on the financial position and the results of double entry basis with a general ledger in which all
operations of government agencies for the information of financial transactions are recorded.
all persons concerned. 2. Subsidiary records shall be kept where necessary.

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Political Law
 Section 115. Terminology and classification. A common
terminology and classification shall be used consistently
throughout the budget, the accounts and the financial
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reports. 2. The financial statements shall be based on official
I. 1987 PHILIPPINE CONSTITUTION accounting records kept in accordance with law and the
Section 116. Accounts classification. To permit effective generally accepted accounting principles and standards.
A. Definition, Nature, and Concepts of the budgetary control and to establish uniformity in financial
Constitution
reports, accounts shall be classified in balanced fund Section 122. Submission of reports. Whenever deemed
1. Declaration of Principles
a. Democracy and Republicanism groups. The group for each fund shall include all necessary in the exigencies of the service, the
b. Renunciation of War
accounts necessary to set forth its operations and Commission may under regulations issued by it require
c. Supremacy of Civilian Authority over
Military condition. All financial statements shall follow this the agency heads, chief accountants, budget officers,
classification. cashiers, disbursing officers, administrative or personnel
2. State Policies
a. Independent Foreign Policy officers, and other responsible officials of the various
b. Social Justice
Section 117. Budgetary control accounts. The general agencies to submit trial balances, physical inventory
c. Sanctity of Family and Vital Role of Youth
in Nation-Building accounting system shall include budgetary control reports, current plantilla of personnel, and such other
accounts for revenues, expenditures and debt, as reports as may be necessary for the exercise of its
B. Amendment and Revision (1987 CONST.,
art. XVII, secs. 1-4; R.A. No. 6735) provided by P.D. No. 1177. functions. (2) Failure on the part of the officials
concerned to submit the documents and reports
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- Section 118. Accounting for unrealized revenues. mentioned herein shall automatically cause the
58)
Estimated revenues which remain unrealized at the close suspension of payment of their salaries until they shall
D. Separation of Powers, and Checks and of the fiscal year shall not be booked or credited to the have complied with the requirements of the Commission.
Balances
unappropriated surplus or any other account. (3) No appropriation authorized in the General
E. State Immunity (1987 CONST., art. XVI, Appropriations Act shall be available to pay the salary or
sec. 3; P.D. No. 1445)
Section 119. Accounting for obligations and expenditures. any official or employee who violates the provisions of
All lawful expenditures and obligations incurred during this section, without prejudice to any disciplinary action
the year shall be taken up in the accounts of that year. that may be instituted against such official or employee.

CHAPTER 3 CHAPTER 4
ACCOUNTING REPORTS INTERNAL CONTROL SYSTEMS

Section 120. Reporting requirements. The Commission Section 123. Definition of internal control. Internal control
shall issue the pertinent accounting rules and regulations is the plan of organization and all the coordinate methods
whenever the reporting requirements to be prescribed by and measures adopted within an organization or agency
the Budgetary Commission pursuant to the budget law to safeguard its assets, check the accuracy any reliability
affect accounting functions of the various agencies of the of its accounting data, and encourage adherence to
government. prescribed managerial policies.

Section 121. Financial reports and statements. Section 124. Installation. It shall be the direct
1. The financial reports prepared by the agencies shall responsibility of the agency head to install, implement,
comply with the specific requirements of applicable laws and monitor a sound system of internal control.
and regulations as to nature, accounting basic, content,
frequency, and distribution as well as with all applicable
restrictions pertaining to information that is classified for
national security purposes.

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Political Law
 TITLE IV
FINAL PROVISIONS
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Section 125. Transitory provisions. Section 130. Repealing clause. Chapter 26 (Accounting
I. 1987 PHILIPPINE CONSTITUTION
1. Until such time as the Commission shall have been fully Law) of Act 2711 is hereby repealed. All other laws,
constituted, the incumbent Chairman or his successor executive orders, proclamations, decrees, instructions,
A. Definition, Nature, and Concepts of the shall continue to exercise all the power and functions rules and regulations, or parts thereof which are
Constitution
properly appertaining to the Commission. inconsistent or in conflict with any provision of this Code
1. Declaration of Principles
a. Democracy and Republicanism 2. Pending implementation of the provisions of Section shall be deemed repealed or modified accordingly.
b. Renunciation of War
c. Supremacy of Civilian Authority over
24, paragraph 2 of this Code, the agencies concerned
Military shall continue to provide the necessary amounts for the Section 131. Effectivity clause. This Code shall take effect
salaries, allowances and other benefits for the three months after the completion of its publication in the
2. State Policies
a. Independent Foreign Policy representative and staff of the Commission. Official Gazette. Done in the City of Manila, this 11th day
b. Social Justice of June, in the year of Our Lord, nineteen hundred and
c. Sanctity of Family and Vital Role of Youth
in Nation-Building Section 126. Duty to respect the Commission's seventy-eight.

B. Amendment and Revision (1987 CONST.,

independence. It shall be the duty of every person to
art. XVII, secs. 1-4; R.A. No. 6735) respect, protect and preserve the independence of the
Commission. ARTICLE VI
C. National Territory (1987 CONST., art. I;
UNCLOS, arts. 1, 3-8, 33, 46-48, 50 and 55- The Legislative Department
58)
Section 127. Administrative disciplinary action. Subject to
D. Separation of Powers, and Checks and rules and regulations as may be approved by the SECTION 1. The legislative power shall be vested in the
Balances
President (Prime Minister), any unjustified failure by the Congress of the Philippines which shall consist of a
E. State Immunity (1987 CONST., art. XVI, public officer concerned to comply with any requirement Senate and a House of Representatives, except to the
sec. 3; P.D. No. 1445)
imposed in this Code shall constitute neglect of duty and extent reserved to the people by the provision on
F. Delegation of Powers (1987 CONST., art. shall be a ground for administrative disciplinary action initiative and referendum.
VI, secs. 1, 23(2) and 28(2))
against the said public officer who, upon being found
guilty thereof after hearing, shall be meted out such SECTION 23. (2) In times of war or other national
penalty as is commensurate with the degree of his guilt in emergency, the Congress may, by law, authorize the
accordance with the Civil Service Law. Repeated President, for a limited period and subject to such
unjustified failure to comply with the requirements restrictions as it may prescribe, to exercise powers
imposed in this Code shall be conclusive proof that the necessary and proper to carry out a declared national
public officer concerned is notoriously undesirable. policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next
Section 128. Penal provision. Any violation of the adjournment thereof.
provisions of Sections 67, 68, 89, 106, and 108 of this
Code or any regulation issued by the Commission SECTION 28. (2) The Congress may, by law, authorize the
implementing these sections, shall be punished by a fine President to fix within specified limits, and subject to
not exceeding one thousand pesos or by imprisonment such limitations and restrictions as it may impose, tariff
not exceeding six (6) months, or both such fine and rates, import and export quotas, tonnage and wharfage
imprisonment in the discretion of the court. dues, and other duties or imposts within the framework of
the national development program of the Government.
Section 129. Separately clause. Should any provision of
this Code or any part thereof be declared invalid, the
other provisions, so far as they are separable from the
invalid one, shall remain in force and effect.

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Political Law
 ARTICLE III
Bill of Rights
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SECTION 9. Private property shall not be taken for public ARTICLE VI
I. 1987 PHILIPPINE CONSTITUTION
use without just compensation. The Legislative Department

SECTION 2. The Senate shall be composed of twenty-four

G. Fundamental Powers of the State – ARTICLE VI
Police Power, Eminent Domain and Senators who shall be elected at large by the qualified
The Legislative Department
Taxation – Concept, Application, and voters of the Philippines, as may be provided by law.
Limitations (1987 CONST., art. III, sec. 9;
art. VI, sec. 28; art. XIV, sec. 4(3))
SECTION 28. (1) The rule of taxation shall be uniform and
SECTION 3. No person shall be a Senator unless he is a
equitable. The Congress shall evolve a progressive natural-born citizen of the Philippines, and, on the day of the
system of taxation. election, is at least thirty-five years of age, able to read and
II. LEGISLATIVE DEPARTMENT
write, a registered voter, and a resident of the Philippines
(2) The Congress may, by law, authorize the President to for not less than two years immediately preceding the day
A. Congress: Senate and House of fix within specified limits, and subject to such limitations of the election.
Representatives and restrictions as it may impose, tariff rates, import and
1. Compositions and Qualifications – 1987 export quotas, tonnage and wharfage dues, and other SECTION 4. The term of office of the Senators shall be six
CONST., art. VI, secs. 2-14 duties or imposts within the framework of the national years and shall commence, unless otherwise provided by
development program of the Government. law, at noon on the thirtieth day of June next following their
election.
(3) Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit No Senator shall serve for more than two consecutive terms.
cemeteries, and all lands, buildings, and improvements, Voluntary renunciation of the office for any length of time
actually, directly, and exclusively used for religious, shall not be considered as an interruption in the continuity
charitable, or educational purposes shall be exempt from of his service for the full term for which he was elected.
taxation.
SECTION 5. (1) The House of Representatives shall be
composed of not more than two hundred and fifty members,
(4) No law granting any tax exemption shall be passed
unless otherwise fixed by law, who shall be elected from
without the concurrence of a majority of all the Members
legislative districts apportioned among the provinces, cities,
of the Congress.
and the Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on the basis of a
ARTICLE XIV uniform and progressive ratio, and those who, as provided
Education, Science and Technology, Arts, Culture, and by law, shall be elected through a party-list system of
Sports registered national, regional, and sectoral parties or
organizations.
SECTION 4. (3) All revenues and assets of non-stock,
non-profit educational institutions used actually, directly, (2) The party-list representatives shall constitute twenty per
and exclusively for educational purposes shall be exempt centum of the total number of representatives including
from taxes and duties. Upon the dissolution or cessation those under the party list. For three consecutive terms after
of the corporate existence of such institutions, their the ratification of this Constitution, one-half of the seats
assets shall be disposed of in the manner provided by allocated to party-list representatives shall be filled, as
law. provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities,
Proprietary educational institutions, including those women, youth, and such other sectors as may be provided
cooperatively owned, may likewise be entitled to such by law, except the religious sector.
exemptions subject to the limitations provided by law
including restrictions on dividends and provisions for

Political Law
reinvestment.
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 (3) Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent territory.
Each city with a population of at least two hundred fifty
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thousand, or each province, shall have at least one SECTION 11. A Senator or Member of the House of
representative. Representatives shall, in all offenses punishable by not
II. LEGISLATIVE DEPARTMENT
more than six years imprisonment, be privileged from arrest
(4) Within three years following the return of every census, while the Congress is in session. No Member shall be
A. Congress: Senate and House of
the Congress shall make a reapportionment of legislative questioned nor be held liable in any other place for any
Representatives
districts based on the standards provided in this section. speech or debate in the Congress or in any committee
1. Compositions and Qualifications – 1987 thereof.
CONST., art. VI, secs. 2-14
SECTION 6. No person shall be a Member of the House of
SECTION 12. All Members of the Senate and the House of
Representatives unless he is a natural-born citizen of the
Representatives shall, upon assumption of office, make a
Philippines and, on the day of the election, is at least
full disclosure of their financial and business interests. They
twenty-five years of age, able to read and write, and,
shall notify the House concerned of a potential conflict of
except the party-list representatives, a registered voter in
interest that may arise from the filing of a proposed
the district in which he shall be elected, and a resident
legislation of which they are authors.
thereof for a period of not less than one year immediately
preceding the day of the election.
SECTION 13. No Senator or Member of the House of
Representatives may hold any other office or employment in
SECTION 7. The Members of the House of Representatives
the Government, or any subdivision, agency, or
shall be elected for a term of three years which shall instrumentality thereof, including government-owned or
begin, unless otherwise provided by law, at noon on the controlled corporations or their subsidiaries, during his term
thirtieth day of June next following their election. without forfeiting his seat. Neither shall he be appointed to
any office which may have been created or the emoluments
No member of the House of Representatives shall serve for thereof increased during the term for which he was elected.
more than three consecutive terms. Voluntary renunciation
of the office for any length of time shall not be considered SECTION 14. No Senator or Member of the House of
as an interruption in the continuity of his service for the full Representatives may personally appear as counsel before
term for which he was elected. any court of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative bodies. Neither shall
SECTION 8. Unless otherwise provided by law, the regular he, directly or indirectly, be interested financially in any
election of the Senators and the Members of the House of contract with, or in any franchise or special privilege
Representatives shall be held on the second Monday of granted by the Government, or any subdivision, agency, or
May. instrumentality thereof, including any government-owned or
controlled corporation, or its subsidiary, during his term of
SECTION 9. In case of vacancy in the Senate or in the office. He shall not intervene in any matter before any office
House of Representatives, a special election may be of the Government for his pecuniary benefit or where he may
called to fill such vacancy in the manner prescribed by law, be called upon to act on account of his office.
but the Senator or Member of the House of
Representatives thus elected shall serve only for the
unexpired term.

SECTION 10. The salaries of Senators and Members of the

House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the
Senate and the House of Representatives approving such
increase.

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Political Law
 SECTION 10. The salaries of Senators and Members of the
House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after
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the expiration of the full term of all the Members of the (2) A majority of each House shall constitute a quorum to do
Senate and the House of Representatives approving such business, but a smaller number may adjourn from day to day
II. LEGISLATIVE DEPARTMENT
increase. and may compel the attendance of absent Members in such
manner, and under such penalties, as such House may
A. Congress: Senate and House of
SECTION 11. A Senator or Member of the House of provide.
Representatives
Representatives shall, in all offenses punishable by not
2. Privileges and Inhibitions – 1987 CONST.,
more than six years imprisonment, be privileged from (3) Each House may determine the rules of its proceedings,
art. VI, secs. 10, 11 and 13-14
punish its Members for disorderly behavior, and, with the
arrest while the Congress is in session. No Member shall
3. Quorum and Voting Majorities, and concurrence of two-thirds of all its Members, suspend or
Discipline of Members – 1987 CONST., art. be questioned nor be held liable in any other place for any
expel a Member. A penalty of suspension, when imposed,
VI, sec. 16 speech or debate in the Congress or in any committee
shall not exceed sixty days.
thereof.
B. Law-Making Process (1987 CONST., art.
VI, secs. 26-27) (4) Each House shall keep a Journal of its proceedings, and
SECTION 13. No Senator or Member of the House of
from time to time publish the same, excepting such parts as
Representatives may hold any other office or employment
may, in its judgment, affect national security; and the yeas
in the Government, or any subdivision, agency, or
and nays on any question shall, at the request of one-fifth of
instrumentality thereof, including government-owned or
the Members present, be entered in the Journal.
controlled corporations or their subsidiaries, during his
term without forfeiting his seat. Neither shall he be Each House shall also keep a Record of its proceedings.
appointed to any office which may have been created or
the emoluments thereof increased during the term for (5) Neither House during the sessions of the Congress shall,
which he was elected. without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the two
SECTION 14. No Senator or Member of the House of Houses shall be sitting.
Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or SECTION 26. (1) Every bill passed by the Congress shall
quasi-judicial and other administrative bodies. Neither shall embrace only one subject which shall be expressed in the
he, directly or indirectly, be interested financially in any title thereof.
contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or (2) No bill passed by either House shall become a law
instrumentality thereof, including any government-owned unless it has passed three readings on separate days, and
or controlled corporation, or its subsidiary, during his term printed copies thereof in its final form have been distributed
of office. He shall not intervene in any matter before any to its Members three days before its passage, except when
office of the Government for his pecuniary benefit or the President certifies to the necessity of its immediate
where he may be called upon to act on account of his enactment to meet a public calamity or emergency. Upon
office. the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately
SECTION 16. (1) The Senate shall elect its President and thereafter, and the yeas and nays entered in the Journal.
the House of Representatives its Speaker, by a majority
vote of all its respective Members. SECTION 27. (1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the President. If
Each House shall choose such other officers as it may he approves the same, he shall sign it; otherwise, he shall
deem necessary. veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large
in its Journal and proceed to reconsider it.

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Political Law
 If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other
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House by which it shall likewise be reconsidered, and if (5) No law shall be passed authorizing any transfer of
II. LEGISLATIVE DEPARTMENT approved by two-thirds of all the Members of that House, appropriations; however, the President, the President of
it shall become a law. In all such cases, the votes of each the Senate, the Speaker of the House of Representatives,
House shall be determined by yeas or nays, and the the Chief Justice of the Supreme Court, and the heads of
A. Congress: Senate and House of
Representatives names of the Members voting for or against shall be Constitutional Commissions may, by law, be authorized to
entered in its Journal. The President shall communicate augment any item in the general appropriations law for
2. Privileges and Inhibitions – 1987 CONST.,
art. VI, secs. 10, 11 and 13-14 his veto of any bill to the House where it originated within their respective offices from savings in other items of
thirty days after the date of receipt thereof; otherwise, it their respective appropriations.
3. Quorum and Voting Majorities, and
Discipline of Members – 1987 CONST., art. shall become a law as if he had signed it.
VI, sec. 16 (6) Discretionary funds appropriated for particular
(2) The President shall have the power to veto any officials shall be disbursed only for public purposes to be
B. Law-Making Process (1987 CONST., art.
particular item or items in an appropriation, revenue, or supported by appropriate vouchers and subject to such
VI, secs. 26-27)
tariff bill, but the veto shall not affect the item or items to guidelines as may be prescribed by law.
C. Appropriation (1987 CONST., art. VI,
secs. 24-25 and 29)
which he does not object.
(7) If, by the end of any fiscal year, the Congress shall
SECTION 24. All appropriation, revenue or tariff bills, bills have failed to pass the general appropriations bill for the
authorizing increase of the public debt, bills of local ensuing fiscal year, the general appropriations law for the
application, and private bills shall originate exclusively in preceding fiscal year shall be deemed reenacted and
the House of Representatives, but the Senate may shall remain in force and effect until the general
propose or concur with amendments. appropriations bill is passed by the Congress.

SECTION 25. (1) The Congress may not increase the SECTION 29. (1) No money shall be paid out of the
appropriations recommended by the President for the Treasury except in pursuance of an appropriation made
operation of the Government as specified in the budget. by law.
The form, content, and manner of preparation of the
budget shall be prescribed by law. (2) No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
(2) No provision or enactment shall be embraced in the use, benefit, or support of any sect, church,
general appropriations bill unless it relates specifically to denomination, sectarian institution, or system of religion,
some particular appropriation therein. Any such provision or of any priest, preacher, minister, or other religious
or enactment shall be limited in its operation to the teacher, or dignitary as such, except when such priest,
appropriation to which it relates. preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government
(3) The procedure in approving appropriations for the orphanage or leprosarium.
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies. (3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out
(4) A special appropriations bill shall specify the purpose for such purpose only. If the purpose for which a special
for which it is intended, and shall be supported by funds fund was created has been fulfilled or abandoned, the
actually available as certified by the National Treasurer, balance, if any, shall be transferred to the general funds
or to be raised by a corresponding revenue proposed of the Government.
therein.

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Political Law
 SECTION 21. The Senate or the House of Representatives
or any of its respective committees may conduct inquiries
in aid of legislation in accordance with its duly published
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rules of procedure. The rights of persons appearing in or Within forty-eight hours from the proclamation of martial
II. LEGISLATIVE DEPARTMENT affected by such inquiries shall be respected. law or the suspension of the privilege of the writ of
habeas corpus, the President shall submit a report in
SECTION 22. The heads of departments may upon their person or in writing to the Congress. The Congress,
D. Legislative Inquiries and Oversight
Functions (1987 CONST., art. VI, secs. 21- own initiative, with the consent of the President, or upon voting jointly, by a vote of at least a majority of all its
22)
the request of either House, as the rules of each House Members in regular or special session, may revoke such
E. Declaration of Existence of State of War shall provide, appear before and be heard by such House proclamation or suspension, which revocation shall not
(1987 CONST., art. VI, sec. 23)
on any matter pertaining to their departments. Written be set aside by the President. Upon the initiative of the
F. Power to Revoke/Extend the Suspension questions shall be submitted to the President of the President, the Congress may, in the same manner, extend
of the Privilege of the Writ of Habeas
Senate or the Speaker of the House of Representatives at such proclamation or suspension for a period to be
Corpus and Declaration of Martial Law
(1987 CONST., art. VII, sec. 18) least three days before their scheduled appearance. determined by the Congress, if the invasion or rebellion
Interpellations shall not be limited to written questions, shall persist and public safety requires it.
but may cover matters related thereto. When the security
of the State or the public interest so requires and the The Congress, if not in session, shall, within twenty-four
President so states in writing, the appearance shall be hours following such proclamation or suspension,
conducted in executive session. convene in accordance with its rules without any need of
a call.
SECTION 23. (1) The Congress, by a vote of two-thirds of
both Houses in joint session assembled, voting The Supreme Court may review, in an appropriate
separately, shall have the sole power to declare the proceeding filed by any citizen, the sufficiency of the
existence of a state of war. factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension
(2) In times of war or other national emergency, the thereof, and must promulgate its decision thereon within
Congress may, by law, authorize the President, for a thirty days from its filing.
limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to A state of martial law does not suspend the operation of
carry out a declared national policy. Unless sooner the Constitution, nor supplant the functioning of the civil
withdrawn by resolution of the Congress, such powers courts or legislative assemblies, nor authorize the
shall cease upon the next adjournment thereof. conferment of jurisdiction on military courts and agencies
over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ.
ARTICLE VII
Executive Department The suspension of the privilege of the writ shall apply
only to persons judicially charged for rebellion or
offenses inherent in or directly connected with the
SECTION 18. The President shall be the Commander-in- invasion.
Chief of all armed forces of the Philippines and whenever
it becomes necessary, he may call out such armed forces During the suspension of the privilege of the writ, any
to prevent or suppress lawless violence, invasion or person thus arrested or detained shall be judicially
rebellion. In case of invasion or rebellion, when the public charged within three days, otherwise he shall be
safety requires it, he may, for a period not exceeding released.
sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under
martial law.

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 ARTICLE XI
Accountability of Public Officers
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SECTION 2. The President, the Vice-President, the (6) The Senate shall have the sole power to try and
II. LEGISLATIVE DEPARTMENT Members of the Supreme Court, the Members of the decide all cases of impeachment. When sitting for that
Constitutional Commissions, and the Ombudsman may be purpose, the Senators shall be on oath or affirmation.
removed from office, on impeachment for, and conviction When the President of the Philippines is on trial, the Chief
G. Power of Impeachment (1987 CONST.,
art. XI, secs. 2-3) of, culpable violation of the Constitution, treason, bribery, Justice of the Supreme Court shall preside, but shall not
graft and corruption, other high crimes, or betrayal of vote. No person shall be convicted without the
H. Electoral Tribunals (1987 CONST., art.
VI, sec. 17) public trust. All other public officers and employees may concurrence of two-thirds of all the Members of the
be removed from office as provided by law, but not by Senate.
impeachment.
(7) Judgment in cases of impeachment shall not extend
SECTION 3. (1) The House of Representatives shall have further than removal from office and disqualification to
the exclusive power to initiate all cases of impeachment. hold any office under the Republic of the Philippines, but
the party convicted shall nevertheless be liable and
(2) A verified complaint for impeachment may be filed by subject to prosecution, trial, and punishment according to
any Member of the House of Representatives or by any law.
citizen upon a resolution of endorsement by any Member
thereof, which shall be included in the Order of Business (8) The Congress shall promulgate its rules on
within ten session days, and referred to the proper impeachment to effectively carry out the purpose of this
Committee within three session days thereafter. The section.
Committee, after hearing, and by a majority vote of all its
Members, shall submit its report to the House within sixty ARTICLE VI
session days from such referral, together with the The Legislative Department
corresponding resolution. The resolution shall be
calendared for consideration by the House within ten SECTION 17. The Senate and the House of
session days from receipt thereof. Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating to
(3) A vote of at least one-third of all the Members of the the election, returns, and qualifications of their
House shall be necessary either to affirm a favorable respective Members. Each Electoral Tribunal shall be
resolution with the Articles of Impeachment of the composed of nine Members, three of whom shall be
Committee, or override its contrary resolution. The vote Justices of the Supreme Court to be designated by the
of each Member shall be recorded. Chief Justice, and the remaining six shall be Members of
the Senate or the House of Representatives, as the case
(4) In case the verified complaint or resolution of may be, who shall be chosen on the basis of proportional
impeachment is filed by at least one-third of all the representation from the political parties and the parties
Members of the House, the same shall constitute the or organizations registered under the party-list system
Articles of Impeachment, and trial by the Senate shall represented therein. The senior Justice in the Electoral
forthwith proceed. Tribunal shall be its Chairman.

(5) No impeachment proceedings shall be initiated against

the same official more than once within a period of one
year.

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Political Law
 ARTICLE VI
The Legislative Department
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SECTION 18. There shall be a Commission on Appointments (2) The regular Members of the Council shall be
II. LEGISLATIVE DEPARTMENT consisting of the President of the Senate, as ex officio appointed by the President for a term of four years with
Chairman, twelve Senators and twelve Members of the the consent of the Commission on Appointments. Of the
House of Representatives, elected by each House on the Members first appointed, the representative of the
I. Commission on Appointments (1987
CONST., art. VI, sec. 18; art. VII, sec. 16; basis of proportional representation from the political Integrated Bar shall serve for four years, the professor of
art. VIII, sec. 8) parties and parties or organizations registered under the law for three years, the retired Justice for two years, and
party-list system represented therein. The Chairman of the the representative of the private sector for one year.
Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it (3) The Clerk of the Supreme Court shall be the Secretary
III. EXECUTIVE DEPARTMENT
within thirty session days of the Congress from their ex officio of the Council and shall keep a record of its
submission. The Commission shall rule by a majority vote of proceedings.
A. President and Vice President all the Members.
1. Term, Qualifications, and Election – 1987 (4) The regular Members of the Council shall receive such
CONST., art. VII, secs. 2-4 ARTICLE VII emoluments as may be determined by the Supreme Court.
Executive Department The Supreme Court shall provide in its annual budget the
appropriations for the Council.
SECTION 16. The President shall nominate and, with the
consent of the Commission on Appointments, appoint the
(5) The Council shall have the principal function of
heads of the executive departments, ambassadors, other
recommending appointees to the Judiciary. It may
public ministers and consuls, or officers of the armed
exercise such other functions and duties as the Supreme
forces from the rank of colonel or naval captain, and other
Court may assign to it.
officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the
ARTICLE VII
Government whose appointments are not otherwise
provided for by law, and those whom he may be authorized Executive Department
by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President SECTION 2. No person may be elected President unless
alone, in the courts, or in the heads of departments, he is a natural-born citizen of the Philippines, a registered
agencies, commissions, or boards. voter, able to read and write, at least forty years of age
on the day of the election, and a resident of the
The President shall have the power to make appointments Philippines for at least ten years immediately preceding
during the recess of the Congress, whether voluntary or such election.
compulsory, but such appointments shall be effective only
until after disapproval by the Commission on Appointments SECTION 3. There shall be a Vice-President who shall
or until the next adjournment of the Congress. have the same qualifications and term of office and be
elected with and in the same manner as the President. He
ARTICLE VIII may be removed from office in the same manner as the
Judicial Department President.

SECTION 8. (1) A Judicial and Bar Council is hereby created The Vice-President may be appointed as a Member of the
under the supervision of the Supreme Court composed of Cabinet. Such appointment requires no confirmation.
the Chief Justice as ex officio Chairman, the Secretary of
Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court,
and a representative of the private sector.
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Political Law
 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
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following the day of the election and shall end at noon of SECTION 6. The President shall have an official
III. EXECUTIVE DEPARTMENT the same date six years thereafter. The President shall not residence. The salaries of the President and Vice-
be eligible for any reelection. No person who has President shall be determined by law and shall not be
succeeded as President and has served as such for more decreased during their tenure. No increase in said
A. President and Vice President
than four years shall be qualified for election to the same compensation shall take effect until after the expiration
1. Term, Qualifications, and Election – 1987 office at any time. of the term of the incumbent during which such increase
CONST., art. VII, secs. 2-4
was approved. They shall not receive during their tenure
2. Privileges, Inhibitions, and No Vice-President shall serve for more than two any other emolument from the Government or any other
Disqualifications – 1987 CONST., art. VII,
consecutive terms. Voluntary renunciation of the office for source.
secs. 6 and 13
any length of time shall not be considered as an
interruption in the continuity of the service for the full term SECTION 13. The President, Vice-President, the Members
B. Executive and Administrative Powers
(1987 CONST., art. VII, secs. 1 and 17) for which he was elected. of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any
Unless otherwise provided by law, the regular election for other office or employment during their tenure. They shall
President and Vice-President shall be held on the second not, during said tenure, directly or indirectly, practice any
Monday of May. other profession, participate in any business, or be
financially interested in any contract with, or in any
The returns of every election for President and Vice-
franchise, or special privilege granted by the Government
President, duly certified by the board of canvassers of each
or any subdivision, agency, or instrumentality thereof,
province or city, shall be transmitted to the Congress,
including government-owned or controlled corporations
directed to the President of the Senate. Upon receipt of the
or their subsidiaries. They shall strictly avoid conflict of
certificates of canvass, the President of the Senate shall,
interest in the conduct of their office.
not later than thirty days after the day of the election, open
The spouse and relatives by consanguinity or affinity
all certificates in the presence of the Senate and the House
of Representatives in joint public session, and the within the fourth civil degree of the President shall not
Congress, upon determination of the authenticity and due during his tenure be appointed as members of the
execution thereof in the manner provided by law, canvass Constitutional Commissions, or the Office of the
the votes. Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
The person having the highest number of votes shall be government-owned or controlled corporations and their
proclaimed elected, but in case two or more shall have an subsidiaries.
equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the SECTION 1. The executive power shall be vested in the
Members of both Houses of the Congress, voting President of the Philippines.
separately.
SECTION 17. The President shall have control of all the
The Congress shall promulgate its rules for the canvassing executive departments, bureaus, and offices. He shall
of the certificates. ensure that the laws be faithfully executed.

The Supreme Court, sitting en banc, shall be the sole judge

of all contests relating to the election, returns, and
qualifications of the President or Vice- President, and may
promulgate its rules for the purpose.

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Political Law
 SECTION 13. The President, Vice-President, the Members
of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any
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other office or employment during their tenure. They shall SECTION 17. The President shall have control of all the
not, during said tenure, directly or indirectly, practice any executive departments, bureaus, and offices. He shall
III. EXECUTIVE DEPARTMENT
other profession, participate in any business, or be ensure that the laws be faithfully executed.
financially interested in any contract with, or in any
C. Power of Appointment (1987 CONST.,
art. VII, secs. 13, 15 and 16)
franchise, or special privilege granted by the Government ARTICLE X
or any subdivision, agency, or instrumentality thereof, Local Government
1. Regular and Ad Interim
including government-owned or controlled corporations
2. With or without COA Confirmation or their subsidiaries. They shall strictly avoid conflict of SECTION 4. The President of the Philippines shall
3. Midnight Appointments
interest in the conduct of their office. exercise general supervision over local governments.
Provinces with respect to component cities and
4. Removal from Office
The spouse and relatives by consanguinity or affinity municipalities, and cities and municipalities with respect
D. Power of Control and Supervision (1987 within the fourth civil degree of the President shall not to component barangays shall ensure that the acts of
CONST., art. VII, sec. 17)
during his tenure be appointed as members of the their component units are within the scope of their
1. Executive Departments and Offices; Constitutional Commissions, or the Office of the prescribed powers and functions.
Doctrine of Qualified Political Agency
Ombudsman, or as Secretaries, Undersecretaries,
2. Local Government Units – 1987 CONST., chairmen or heads of bureaus or offices, including ARTICLE VII
art. X, sec. 4
government-owned or controlled corporations and their Executive Department
E. Military Powers (1987 CONST., art. VII, subsidiaries.
sec. 18)
SECTION 18. The President shall be the Commander-in-
SECTION 15. Two months immediately before the next Chief of all armed forces of the Philippines and whenever
presidential elections and up to the end of his term, a it becomes necessary, he may call out such armed forces
President or Acting President shall not make to prevent or suppress lawless violence, invasion or
appointments, except temporary appointments to rebellion. In case of invasion or rebellion, when the public
executive positions when continued vacancies therein will safety requires it, he may, for a period not exceeding
prejudice public service or endanger public safety. sixty days, suspend the privilege of the writ of habeas
corpus or place the Philippines or any part thereof under
SECTION 16. The President shall nominate and, with the martial law. Within forty-eight hours from the
consent of the Commission on Appointments, appoint the proclamation of martial law or the suspension of the
heads of the executive departments, ambassadors, other privilege of the writ of habeas corpus, the President shall
public ministers and consuls, or officers of the armed submit a report in person or in writing to the Congress.
forces from the rank of colonel or naval captain, and The Congress, voting jointly, by a vote of at least a
other officers whose appointments are vested in him in majority of all its Members in regular or special session,
this Constitution. He shall also appoint all other officers may revoke such proclamation or suspension, which
of the Government whose appointments are not otherwise revocation shall not be set aside by the President. Upon
provided for by law, and those whom he may be the initiative of the President, the Congress may, in the
authorized by law to appoint. The Congress may, by law, same manner, extend such proclamation or suspension
vest the appointment of other officers lower in rank in the for a period to be determined by the Congress, if the
President alone, in the courts, or in the heads of invasion or rebellion shall persist and public safety
departments, agencies, commissions, or boards. requires it.

The President shall have the power to make appointments The Congress, if not in session, shall, within twenty-four
during the recess of the Congress, whether voluntary or hours following such proclamation or suspension,
compulsory, but such appointments shall be effective convene in accordance with its rules without any need of
only until after disapproval by the Commission on a call.
Appointments or until the next adjournment of the
www.lexmond.ph Congress. 34
Political Law
 The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
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suspension of the privilege of the writ or the extension The President shall have the power to make appointments
thereof, and must promulgate its decision thereon within during the recess of the Congress, whether voluntary or
III. EXECUTIVE DEPARTMENT
thirty days from its filing. compulsory, but such appointments shall be effective
only until after disapproval by the Commission on
E. Military Powers (1987 CONST., art. VII,
A state of martial law does not suspend the operation of Appointments or until the next adjournment of the
sec. 18) the Constitution, nor supplant the functioning of the civil Congress.
F. Pardoning Power and Executive
courts or legislative assemblies, nor authorize the
Clemency (1987 CONST., art. VII, sec. 19) conferment of jurisdiction on military courts and agencies SECTION 21. No treaty or international agreement shall be
G. Diplomatic Power (1987 CONST., art. VII,
over civilians where civil courts are able to function, nor valid and effective unless concurred in by at least two-
secs. 16 and 21) automatically suspend the privilege of the writ. thirds of all the Members of the Senate.
H. Power relative to Appropriation
Measures (1987 CONST., art. VI, secs. The suspension of the privilege of the writ shall apply ARTICLE VI
25(5) and 27(2); art. VII, sec. 20)
only to persons judicially charged for rebellion or The Legislative Department
offenses inherent in or directly connected with the
invasion. SECTION 25. (5) No law shall be passed authorizing any
transfer of appropriations; however, the President, the
During the suspension of the privilege of the writ, any President of the Senate, the Speaker of the House of
person thus arrested or detained shall be judicially Representatives, the Chief Justice of the Supreme Court,
charged within three days, otherwise he shall be and the heads of Constitutional Commissions may, by law,
released. be authorized to augment any item in the general
appropriations law for their respective offices from
SECTION 19. Except in cases of impeachment, or as savings in other items of their respective appropriations.
otherwise provided in this Constitution, the President may
grant reprieves, commutations and pardons, and remit SECTION 27. (2) The President shall have the power to
fines and forfeitures, after conviction by final judgment. veto any particular item or items in an appropriation,
He shall also have the power to grant amnesty with the revenue, or tariff bill, but the veto shall not affect the
concurrence of a majority of all the Members of the item or items to which he does not object.
Congress.

SECTION 16. The President shall nominate and, with the ARTICLE VII
consent of the Commission on Appointments, appoint the Executive Department
heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed SECTION 20. The President may contract or guarantee
forces from the rank of colonel or naval captain, and foreign loans on behalf of the Republic of the Philippines
other officers whose appointments are vested in him in with the prior concurrence of the Monetary Board, and
this Constitution. He shall also appoint all other officers subject to such limitations as may be provided by law.
of the Government whose appointments are not otherwise The Monetary Board shall, within thirty days from the end
provided for by law, and those whom he may be of every quarter of the calendar year, submit to the
authorized by law to appoint. The Congress may, by law, Congress a complete report of its decisions on
vest the appointment of other officers lower in rank in the applications for loans to be contracted or guaranteed by
President alone, in the courts, or in the heads of the Government or government-owned and controlled
departments, agencies, commissions, or boards. corporations which would have the effect of increasing
the foreign debt, and containing other matters as may be
provided by law.

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 ARTICLE VI
The Legislative Department
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SECTION 26. (1) Every bill passed by the Congress shall ARTICLE VII
embrace only one subject which shall be expressed in the Executive Department
III. EXECUTIVE DEPARTMENT
title thereof.
SECTION 7. The President-elect and the Vice-President-
I. Veto Power (1987 CONST., art. VI, sec.
27)
(2) No bill passed by either House shall become a law elect shall assume office at the beginning of their terms.
unless it has passed three readings on separate days, If the President-elect fails to qualify, the Vice-President-
J. Residual Power (E.O. No. 292, Book III,
Title I, Chapter 7, sec. 20)
and printed copies thereof in its final form have been elect shall act as President until the President-elect shall
distributed to its Members three days before its passage, have qualified.
K. Removal from Office (1987 CONST., art.
XI, sec. 2)
except when the President certifies to the necessity of
its immediate enactment to meet a public calamity or If a President shall not have been chosen, the Vice-
L. Rules of Succession (1987 CONST., art.
VII, secs. 7-12)
emergency. Upon the last reading of a bill, no amendment President-elect shall act as President until a President
thereto shall be allowed, and the vote thereon shall be shall have been chosen and qualified.
taken immediately thereafter, and the yeas and nays
entered in the Journal. If at the beginning of the term of the President, the
President-elect shall have died or shall have become
Executive Order No. 292 permanently disabled, the Vice-President-elect shall
[BOOK III/Title I/Chapter 7-Other Powers] become President.

SECTION 20. Residual Powers.—Unless Congress Where no President and Vice-President shall have been
provides otherwise, the President shall exercise such chosen or shall have qualified, or where both shall have
other powers and functions vested in the President which died or become permanently disabled, the President of
are provided for under the laws and which are not the Senate or, in case of his inability, the Speaker of the
specifically enumerated above, or which are not House of Representatives shall act as President until a
delegated by the President in accordance with law. President or a Vice-President shall have been chosen and
qualified.

ARTICLE XI The Congress shall, by law, provide for the manner in

Accountability of Public Officers which one who is to act as President shall be selected
until a President or a Vice-President shall have qualified,
SECTION 2. The President, the Vice-President, the in case of death, permanent disability, or inability of the
Members of the Supreme Court, the Members of the officials mentioned in the next preceding paragraph.
Constitutional Commissions, and the Ombudsman may be
removed from office, on impeachment for, and conviction SECTION 8. In case of death, permanent disability,
of, culpable violation of the Constitution, treason, bribery, removal from office, or resignation of the President, the
graft and corruption, other high crimes, or betrayal of Vice-President shall become the President to serve the
public trust. All other public officers and employees may unexpired term. In case of death, permanent disability,
be removed from office as provided by law, but not by removal from office, or resignation of both the President
impeachment. and Vice-President, the President of the Senate or, in
case of his inability, the Speaker of the House of
Representatives, shall then act as President until the
President or Vice-President shall have been elected and
qualified.

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 The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until
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the President or the Vice-President shall have been Whenever a majority of all the Members of the Cabinet
elected and qualified, and be subject to the same transmit to the President of the Senate and to the
III. EXECUTIVE DEPARTMENT
restrictions of powers and disqualifications as the Acting Speaker of the House of Representatives their written
President. declaration that the President is unable to discharge the
L. Rules of Succession (1987 CONST., art. powers and duties of his office, the Vice-President shall
VII, secs. 7-12) SECTION 9. Whenever there is a vacancy in the Office of immediately assume the powers and duties of the office
the Vice-President during the term for which he was as Acting President.
elected, the President shall nominate a Vice-President
from among the Members of the Senate and the House of Thereafter, when the President transmits to the President
Representatives who shall assume office upon of the Senate and to the Speaker of the House of
confirmation by a majority vote of all the Members of both Representatives his written declaration that no inability
Houses of the Congress, voting separately. exists, he shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the Members of
SECTION 10. The Congress shall, at ten o’clock in the the Cabinet transmit within five days to the President of
morning of the third day after the vacancy in the offices the Senate and to the Speaker of the House of
of the President and Vice-President occurs, convene in Representatives their written declaration that the
accordance with its rules without need of a call and President is unable to discharge the powers and duties of
within seven days enact a law calling for a special his office, the Congress shall decide the issue. For that
election to elect a President and a Vice-President to be purpose, the Congress shall convene, if it is not in
held not earlier than forty-five days nor later than sixty session, within forty-eight hours, in accordance with its
days from the time of such call. The bill calling such rules and without need of call.
special election shall be deemed certified under
paragraph 2, Section 26, Article VI of this Constitution If the Congress, within ten days after receipt of the last
and shall become law upon its approval on third reading written declaration, or, if not in session, within twelve
by the Congress. Appropriations for the special election days after it is required to assemble, determines by a
shall be charged against any current appropriations and two-thirds vote of both Houses, voting separately, that
shall be exempt from the requirements of paragraph 4, the President is unable to discharge the powers and
Section 25, Article VI of this Constitution. The convening duties of his office, the Vice-President shall act as the
of the Congress cannot be suspended nor the special President; otherwise, the President shall continue
election postponed. No special election shall be called if exercising the powers and duties of his office.
the vacancy occurs within eighteen months before the
date of the next presidential election. SECTION 12. In case of serious illness of the President,
the public shall be informed of the state of his health. The
SECTION 11. Whenever the President transmits to the Members of the Cabinet in charge of national security and
President of the Senate and the Speaker of the House of foreign relations and the Chief of Staff of the Armed
Representatives his written declaration that he is unable Forces of the Philippines, shall not be denied access to
to discharge the powers and duties of his office, and until the President during such illness.
he transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Vice-
President as Acting President.

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 ARTICLE VIII
Judicial Department
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SECTION 1. The judicial power shall be vested in one SECTION 8. (1) A Judicial and Bar Council is hereby
Supreme Court and in such lower courts as may be created under the supervision of the Supreme Court
IV. JUDICIAL DEPARTMENT
established by law. composed of the Chief Justice as ex officio Chairman, the
Secretary of Justice, and a representative of the
A. Definition of Judicial Power (1987
CONST., art. VIII, sec. 1)
Judicial power includes the duty of the courts of justice Congress as ex officio Members, a representative of the
to settle actual controversies involving rights which are Integrated Bar, a professor of law, a retired Member of
B. Judicial Review
legally demandable and enforceable, and to determine the Supreme Court, and a representative of the private
1. Requisites whether or not there has been a grave abuse of discretion sector.
a. Actual Case or Controversy
amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government. (2) The regular Members of the Council shall be
b. Proper Party
appointed by the President for a term of four years with
c. Raised at the Earliest Possible SECTION 3. The Judiciary shall enjoy fiscal autonomy. the consent of the Commission on Appointments. Of the
Opportunity
Appropriations for the Judiciary may not be reduced by Members first appointed, the representative of the
d. Necessary to the Determination of the the legislature below the amount appropriated for the Integrated Bar shall serve for four years, the professor of
Case Itself
previous year and, after approval, shall be automatically law for three years, the retired Justice for two years, and
2. Exceptions and regularly released. the representative of the private sector for one year.
a. Political Questions
SECTION 10. The salary of the Chief Justice and of the (3) The Clerk of the Supreme Court shall be the Secretary
b. Moot Questions
Associate Justices of the Supreme Court, and of judges ex officio of the Council and shall keep a record of its
c. Advisory Opinions of lower courts shall be fixed by law. During their proceedings.
3. Operative Fact Doctrine
continuance in office, their salary shall not be decreased.
(4) The regular Members of the Council shall receive such
C. Fiscal Autonomy (1987 CONST., art. VIII,
secs. 3 and 10)
ARTICLE VIII emoluments as may be determined by the Supreme Court.
Judicial Department The Supreme Court shall provide in its annual budget the
D. Appointments to the Judiciary
appropriations for the Council.
1. Qualifications – 1987 CONST., art. VIII, SECTION 7. (1) No person shall be appointed Member of
sec. 7
the Supreme Court or any lower collegiate court unless (5) The Council shall have the principal function of
2. Judicial and Bar Council – 1987 CONST., he is a natural-born citizen of the Philippines. A Member recommending appointees to the Judiciary. It may
art. VIII, secs. 8 and 9
of the Supreme Court must be at least forty years of age, exercise such other functions and duties as the Supreme
E. Supreme Court of the Philippines and must have been for fifteen years or more a judge of a Court may assign to it.
1. Composition – 1987 CONST., art. VIII, sec.
lower court or engaged in the practice of law in the
4 Philippines. SECTION 9. The Members of the Supreme Court and
judges of lower courts shall be appointed by the
(2) The Congress shall prescribe the qualifications of President from a list of at least three nominees prepared
judges of lower courts, but no person may be appointed by the Judicial and Bar Council for every vacancy. Such
judge thereof unless he is a citizen of the Philippines and appointments need no confirmation.
a member of the Philippine Bar.
For the lower courts, the President shall issue the
(3) A Member of the Judiciary must be a person of proven appointments within ninety days from the submission of
competence, integrity, probity, and independence. the list.

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 SECTION 4. (1) The Supreme Court shall be composed of
a Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in divisions of three, five, or
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seven Members. Any vacancy shall be filled within ninety (c) All cases in which the jurisdiction of any lower court is
days from the occurrence thereof. in issue.
IV. JUDICIAL DEPARTMENT

(2) All cases involving the constitutionality of a treaty, (d) All criminal cases in which the penalty imposed is
E. Supreme Court of the Philippines
international or executive agreement, or law, which shall reclusion perpetua or higher.
be heard by the Supreme Court en banc, and all other (e) All cases in which only an error or question of law is
1. Composition – 1987 CONST., art. VIII, sec.
4
cases which under the Rules of Court are required to be involved.
heard en banc, including those involving the
2. Procedural Rule-Making Power – 1987
CONST., art. VIII, sec. 5
constitutionality, application, or operation of presidential (3) Assign temporarily judges of lower courts to other
decrees, proclamations, orders, instructions, ordinances, stations as public interest may require. Such temporary
3. Disciplinary Powers – 1987 CONST., art.
VIII, sec. 11
and other regulations, shall be decided with the assignment shall not exceed six months without the
concurrence of a majority of the Members who actually consent of the judge concerned.
took part in the deliberations on the issues in the case
and voted thereon. (4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
(3) Cases or matters heard by a division shall be decided
or resolved with the concurrence of a majority of the (5) Promulgate rules concerning the protection and
Members who actually took part in the deliberations on enforcement of constitutional rights, pleading, practice,
the issues in the case and voted thereon, and in no case, and procedure in all courts, the admission to the practice
without the concurrence of at least three of such of law, the Integrated Bar, and legal assistance to the
Members. When the required number is not obtained, the underprivileged. Such rules shall provide a simplified and
case shall be decided en banc: Provided, that no doctrine inexpensive procedure for the speedy disposition of
or principle of law laid down by the court in a decision cases, shall be uniform for all courts of the same grade,
rendered en banc or in division may be modified or and shall not diminish, increase, or modify substantive
reversed except by the court sitting en banc. rights. Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved
SECTION 5. The Supreme Court shall have the following by the Supreme Court.
powers:
(6) Appoint all officials and employees of the Judiciary in
(1) Exercise original jurisdiction over cases affecting accordance with the Civil Service Law.
ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo SECTION 11. The Members of the Supreme Court and
warranto, and habeas corpus. judges of lower courts shall hold office during good
behavior until they reached the age of seventy years or
(2) Review, revise, reverse, modify, or affirm on appeal or become incapacitated to discharge the duties of their
certiorari, as the law or the Rules of Court may provide, office. The Supreme Court en banc shall have the power
final judgments and orders of lower courts in: to discipline judges of lower courts, or order their
dismissal by a vote of a majority of the Members who
(a) All cases in which the constitutionality or validity of actually took part in the deliberations on the issues in the
any treaty, international or executive agreement, law, case and voted thereon.
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost,

assessment, or toll, or any penalty imposed in relation
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Political Law
 SECTION 6. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
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ARTICLE VI (5) Promulgate rules concerning the protection and
The Legislative Department enforcement of constitutional rights, pleading, practice,
IV. JUDICIAL DEPARTMENT
and procedure in all courts, the admission to the practice
SECTION 30. No law shall be passed increasing the of law, the Integrated Bar, and legal assistance to the
E. Supreme Court of the Philippines
appellate jurisdiction of the Supreme Court as provided in underprivileged. Such rules shall provide a simplified and
this Constitution without its advice and concurrence. inexpensive procedure for the speedy disposition of
4. Administrative Supervision – 1987
CONST., art. VIII, sec. 6 cases, shall be uniform for all courts of the same grade,
SECTION 5. The Supreme Court shall have the following and shall not diminish, increase, or modify substantive
5. Jurisdiction – 1987 CONST., art. VI, sec.
30; art. VIII, sec. 5
powers: rights. Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved
(1) Exercise original jurisdiction over cases affecting by the Supreme Court.
ambassadors, other public ministers and consuls, and
V. CONSTITUTIONAL COMMISSIONS
over petitions for certiorari, prohibition, mandamus, quo (6) Appoint all officials and employees of the Judiciary in
(1987 CONST., art. IX) warranto, and habeas corpus. accordance with the Civil Service Law.
A. Powers, Functions, and Jurisdiction
(1987 CONST., art. IX-A, sec. 8; art. IX-B, (2) Review, revise, reverse, modify, or affirm on appeal or
sec. 3; art. IX-C, secs. 2-5, 9 and 11; art. IX- certiorari, as the law or the Rules of Court may provide, ARTICLE IX
D, secs. 2-4)
final judgments and orders of lower courts in: Constitutional Commissions
A. Common Provisions
(a) All cases in which the constitutionality or validity of
any treaty, international or executive agreement, law, SECTION 8. Each Commission shall perform such other
presidential decree, proclamation, order, instruction, functions as may be provided by law.
ordinance, or regulation is in question.
B. The Civil Service Commission
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation SECTION 3. The Civil Service Commission, as the central
thereto. personnel agency of the Government, shall establish a
career service and adopt measures to promote morale,
(c) All cases in which the jurisdiction of any lower court is efficiency, integrity, responsiveness, progressiveness,
in issue. and courtesy in the civil service. It shall strengthen the
merit and rewards system, integrate all human resources
(d) All criminal cases in which the penalty imposed is development programs for all levels and ranks, and
reclusion perpetua or higher. institutionalize a management climate conducive to public
(e) All cases in which only an error or question of law is accountability. It shall submit to the President and the
involved. Congress an annual report on its personnel programs.

(3) Assign temporarily judges of lower courts to other C. The Commission on Elections
stations as public interest may require. Such temporary
assignment shall not exceed six months without the SECTION 2. The Commission on Elections shall exercise
consent of the judge concerned. the following powers and functions:

(4) Order a change of venue or place of trial to avoid a (1) Enforce and administer all laws and regulations
miscarriage of justice. relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.

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 (2) Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city
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officials, and appellate jurisdiction over all contests (6) File, upon a verified complaint, or on its own initiative,
involving elective municipal officials decided by trial petitions in court for inclusion or exclusion of voters;
V. CONSTITUTIONAL COMMISSIONS courts of general jurisdiction, or involving elective investigate and, where appropriate, prosecute cases of
(1987 CONST., art. IX) barangay officials decided by trial courts of limited violations of election laws, including acts or omissions
jurisdiction. constituting election frauds, offenses, and malpractices.
A. Powers, Functions, and Jurisdiction
(1987 CONST., art. IX-A, sec. 8; art. IX-B,
sec. 3; art. IX-C, secs. 2-5, 9 and 11; art. IX-
Decisions, final orders, or rulings of the Commission on (7) Recommend to the Congress effective measures to
D, secs. 2-4)
election contests involving elective municipal and minimize election spending, including limitation of places
barangay offices shall be final, executory, and not where propaganda materials shall be posted, and to
appealable. prevent and penalize all forms of election frauds,
offenses, malpractices, and nuisance candidacies.
(3) Decide, except those involving the right to vote, all
questions affecting elections, including determination of (8) Recommend to the President the removal of any
the number and location of polling places, appointment of officer or employee it has deputized, or the imposition of
election officials and inspectors, and registration of any other disciplinary action, for violation or disregard of,
voters. or disobedience to its directive, order, or decision.

(4) Deputize, with the concurrence of the President, law (9) Submit to the President and the Congress a
enforcement agencies and instrumentalities of the comprehensive report on the conduct of each election,
Government, including the Armed Forces of the plebiscite, initiative, referendum, or recall.
Philippines, for the exclusive purpose of ensuring free,
orderly, honest, peaceful, and credible elections. SECTION 3. The Commission on Elections may sit en banc
or in two divisions, and shall promulgate its rules of
(5) Register, after sufficient publication, political parties, procedure in order to expedite disposition of election
organizations, or coalitions which, in addition to other cases, including pre-proclamation controversies. All such
requirements, must present their platform or program of election cases shall be heard and decided in division,
government; and accredit citizens’ arms of the provided that motions for reconsideration of decisions
Commission on Elections. Religious denominations and shall be decided by the Commission en banc.
sects shall not be registered. Those which seek to
achieve their goals through violence or unlawful means, SECTION 4. The Commission may, during the election
or refuse to uphold and adhere to this Constitution, or period, supervise or regulate the enjoyment or utilization
which are supported by any foreign government shall of all franchises or permits for the operation of
likewise be refused registration. transportation and other public utilities, media of
communication or information, all grants, special
Financial contributions from foreign governments and privileges, or concessions granted by the Government or
their agencies to political parties, organizations, any subdivision, agency, or instrumentality thereof,
coalitions, or candidates related to elections constitute including any government-owned or controlled
interference in national affairs, and, when accepted, shall corporation or its subsidiary. Such supervision or
be an additional ground for the cancellation of their regulation shall aim to ensure equal opportunity, time,
registration with the Commission, in addition to other and space, and the right to reply, including reasonable,
penalties that may be prescribed by law. equal rates therefor, for public information campaigns
and forums among candidates in connection with the
objective of holding free, orderly, honest, peaceful, and
credible elections.

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 SECTION 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President without the
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favorable recommendation of the Commission. (2) The Commission shall have exclusive authority, subject
to the limitations in this Article, to define the scope of its
V. CONSTITUTIONAL COMMISSIONS SECTION 9. Unless otherwise fixed by the Commission in audit and examination, establish the techniques and
(1987 CONST., art. IX) special cases, the election period shall commence ninety methods required therefor, and promulgate accounting and
days before the day of the election and shall end thirty auditing rules and regulations, including those for the
A. Powers, Functions, and Jurisdiction
(1987 CONST., art. IX-A, sec. 8; art. IX-B, days after. prevention and disallowance of irregular, unnecessary,
sec. 3; art. IX-C, secs. 2-5, 9 and 11; art. IX- excessive, extravagant, or unconscionable expenditures,
D, secs. 2-4)
SECTION 11. Funds certified by the Commission as or uses of government funds and properties.
B. Composition and Qualifications of
necessary to defray the expenses for holding regular and
Members (1987 CONST., art. IX-B, sec. 1;
art. IX-C, sec. 1; art. IX-D, sec. 1) special elections, plebiscites, initiatives, referenda, and SECTION 3. No law shall be passed exempting any entity
recalls, shall be provided in the regular or special of the Government or its subsidiary in any guise whatever,
appropriations and, once approved, shall be released or any investment of public funds, from the jurisdiction of
automatically upon certification by the Chairman of the the Commission on Audit.
Commission.
SECTION 4. The Commission shall submit to the President
D. Commission on Audit and the Congress, within the time fixed by law, an annual
report covering the financial condition and operation of the
SECTION 2. (1) The Commission on Audit shall have the Government, its subdivisions, agencies, and
power, authority, and duty to examine, audit, and settle instrumentalities, including government-owned or
all accounts pertaining to the revenue and receipts of, controlled corporations, and non-governmental entities
and expenditures or uses of funds and property, owned or subject to its audit, and recommend measures necessary
to improve their effectiveness and efficiency. It shall
held in trust by, or pertaining to, the Government, or any
submit such other reports as may be required by law.
of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations
B. The Civil Service Commission
with original charters, and on a post-audit basis: (a)
constitutional bodies, commissions and offices that have
SECTION 1. (1) The Civil Service shall be administered by
been granted fiscal autonomy under this Constitution; (b)
the Civil Service Commission composed of a Chairman and
autonomous state colleges and universities; (c) other
two Commissioners who shall be natural-born citizens of
government-owned or controlled corporations and their
the Philippines and, at the time of their appointment, at
subsidiaries; and (d) such non-governmental entities
least thirty-five years of age, with proven capacity for
receiving subsidy or equity, directly or indirectly, from or
public administration, and must not have been candidates
through the Government, which are required by law or the
for any elective position in the elections immediately
granting institution to submit to such audit as a condition preceding their appointment.
of subsidy or equity. However, where the internal control
system of the audited agencies is inadequate, the (2) The Chairman and the Commissioners shall be
Commission may adopt such measures, including appointed by the President with the consent of the
temporary or special pre-audit, as are necessary and Commission on Appointments for a term of seven years
appropriate to correct the deficiencies. It shall keep the without reappointment. Of those first appointed, the
general accounts of the Government and, for such period Chairman shall hold office for seven years, a Commissioner
as may be provided by law, preserve the vouchers and for five years, and another Commissioner for three years,
other supporting papers pertaining thereto. without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no
case shall any Member be appointed or designated in a
temporary or acting capacity.

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 C. The Commission on Elections

SECTION 1. (1) There shall be a Commission on Elections

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composed of a Chairman and six Commissioners who shall A. Common Provisions
be natural-born citizens of the Philippines and, at the time
V. CONSTITUTIONAL COMMISSIONS
of their appointment, at least thirty-five years of age, SECTION 2. No Member of a Constitutional Commission
(1987 CONST., art. IX) holders of a college degree, and must not have been shall, during his tenure, hold any other office or
candidates for any elective position in the immediately employment. Neither shall he engage in the practice of any
B. Composition and Qualifications of
preceding elections. However, a majority thereof, including profession or in the active management or control of any
Members (1987 CONST., art. IX-B, sec. 1; the Chairman, shall be Members of the Philippine Bar who business which in any way be affected by the functions of
art. IX-C, sec. 1; art. IX-D, sec. 1)
have been engaged in the practice of law for at least ten his office, nor shall he be financially interested, directly or
C. Prohibited Offices and Interests (1987 years. indirectly, in any contract with, or in any franchise or
CONST, art. IX-A, sec. 2)
privilege granted by the Government, any of its
D. Review of Final Orders, Resolutions and (2) The Chairman and the Commissioners shall be subdivisions, agencies, or instrumentalities, including
Decisions
appointed by the President with the consent of the government-owned or controlled corporations or their
1. Rendered in the Exercise of Quasi-Judicial Commission on Appointments for a term of seven years subsidiaries.
Functions – 1987 CONST, art. IX-A, sec. 7 without reappointment. Of those first appointed, three
2. Rendered in the Exercise of Members shall hold office for seven years, two Members SECTION 7. Each Commission shall decide by a majority
Administrative Functions – 1987 CONST, art. for five years, and the last Members for three years, vote of all its Members any case or matter brought before
IX-A, secs. 4 and 6
without reappointment. Appointment to any vacancy shall it within sixty days from the date of its submission for
be only for the unexpired term of the predecessor. In no decision or resolution. A case or matter is deemed
case shall any Member be appointed or designated in a submitted for decision or resolution upon the filing of the
temporary or acting capacity. last pleading, brief, or memorandum required by the rules
of the Commission or by the Commission itself. Unless
D. Commission on Audit otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may be
SECTION 1. (1) There shall be a Commission on Audit brought to the Supreme Court on certiorari by the
composed of a Chairman and two Commissioners, who aggrieved party within thirty days from receipt of a copy
shall be natural-born citizens of the Philippines and, at the thereof.
time of their appointment, at least thirty-five years of age,
certified public accountants with not less than ten years of SECTION 4. The Constitutional Commissions shall appoint
auditing experience, or members of the Philippine Bar who their officials and employees in accordance with law.
have been engaged in the practice of law for at least ten
years, and must not have been candidates for any elective SECTION 6. Each Commission en banc may promulgate its
position in the elections immediately preceding their own rules concerning pleadings and practice before it or
appointment. At no time shall all Members of the before any of its offices. Such rules however shall not
Commission belong to the same profession. diminish, increase, or modify substantive rights.

(2) The Chairman and the Commissioners shall be

appointed by the President with the consent of the
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the
Chairman shall hold office for seven years, one
Commissioner for five years, and the other Commissioner
for three years, without reappointment. Appointment to any
vacancy shall be only for the unexpired portion of the term
of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.

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 ARTICLE III
Bill of Rights
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SECTION 1. No person shall be deprived of life, liberty, or or to communicate the contents thereof, either verbally or
property without due process of law, nor shall any person in writing, or to furnish transcriptions thereof, whether
VI. BILL OF RIGHTS (1987 CONST.,
be denied the equal protection of the laws. complete or partial, to any other person: Provided, That the
art. III) use of such record or any copies thereof as evidence in
SECTION 2. The right of the people to be secure in their any civil, criminal investigation or trial of offenses
A. Due Process Clause; Procedural and
Substantive Requirements (1987 CONST.,
persons, houses, papers, and effects against unreasonable mentioned in section 3 hereof, shall not be covered by this
art. III, sec. 1) searches and seizures of whatever nature and for any prohibition.
1. Void-for-Vagueness Rule
purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause Section 2. Any person who willfully or knowingly does or
2. Judicial and Administrative Due Process
to be determined personally by the judge after examination who shall aid, permit, or cause to be done any of the acts
B. Equal Protection Clause (1987 CONST., under oath or affirmation of the complainant and the declared to be unlawful in the preceding section or who
art. III, sec. 1)
witnesses he may produce, and particularly describing the violates the provisions of the following section or of any
1. Requisites for Valid Classification place to be searched and the persons or things to be order issued thereunder, or aids, permits, or causes such
seized. violation shall, upon conviction thereof, be punished by
2. Standards of Review
imprisonment for not less than six months or more than six
C. Arrest, Search and Seizure; Requisites; SECTION 3. (1) The privacy of communication and years and with the accessory penalty of perpetual
Exclusionary Rule (1987 CONST., art. III,
sec. 2) correspondence shall be inviolable except upon lawful absolute disqualification from public office if the offender
order of the court, or when public safety or order requires be a public official at the time of the commission of the
D. Privacy of Communication and
Correspondence; Exclusionary Rule (1987 otherwise as prescribed by law. offense, and, if the offender is an alien he shall be subject
CONST., art. III, sec. 3; R.A. No. 4200);
to deportation proceedings.
Informational, Decisional, Locational
Privacy
(2) Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in Section 3. Nothing contained in this Act, however, shall
any proceeding. render it unlawful or punishable for any peace officer, who
is authorized by a written order of the Court, to execute
REPUBLIC ACT No. 4200 any of the acts declared to be unlawful in the two
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND preceding sections in cases involving the crimes of
OTHER RELATED VIOLATIONS OF THE PRIVACY OF treason, espionage, provoking war and disloyalty in case of
COMMUNICATION, AND FOR OTHER PURPOSES. war, piracy, mutiny in the high seas, rebellion, conspiracy
and proposal to commit rebellion, inciting to rebellion,
Section 1. It shall be unlawful for any person, not being sedition, conspiracy to commit sedition, inciting to
authorized by all the parties to any private communication sedition, kidnapping as defined by the Revised Penal Code,
or spoken word, to tap any wire or cable, or by using any and violations of Commonwealth Act No. 616, punishing
other device or arrangement, to secretly overhear, espionage and other offenses against national security:
intercept, or record such communication or spoken word Provided, That such written order shall only be issued or
by using a device commonly known as a dictaphone or granted upon written application and the examination under
dictagraph or dictaphone or walkie-talkie or tape recorder, oath or affirmation of the applicant and the witnesses he
or however otherwise described: may produce and a showing: (1) that there are reasonable
grounds to believe that any of the crimes enumerated
It shall also be unlawful for any person, be he a participant hereinabove has been committed or is being committed or
or not in the act or acts penalized in the next preceding is about to be committed: Provided, however, That in cases
sentence, to knowingly possess any tape record, wire involving the offenses of rebellion, conspiracy and
record, disc record, or any other such record, or copies proposal to commit rebellion, inciting to rebellion, sedition,
thereof, of any communication or spoken word secured conspiracy to commit sedition, and inciting to sedition,
either before or after the effective date of this Act in the
manner prohibited by this law; or to replay the same for
any other person or persons;
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 such authority shall be granted only upon prior proof that a
rebellion or acts of sedition, as the case may be, have
actually been or are being committed; (2) that there are
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reasonable grounds to believe that evidence will be The court referred to in this section shall be understood to
obtained essential to the conviction of any person for, or mean the Court of First Instance within whose territorial
VI. BILL OF RIGHTS (1987 CONST.,
to the solution of, or to the prevention of, any of such jurisdiction the acts for which authority is applied for are to
art. III) crimes; and (3) that there are no other means readily be executed.
available for obtaining such evidence.
D. Privacy of Communication and Section 4. Any communication or spoken word, or the
Correspondence; Exclusionary Rule (1987 The order granted or issued shall specify: (1) the identity of existence, contents, substance, purport, effect, or
CONST., art. III, sec. 3; R.A. No. 4200);
Informational, Decisional, Locational
the person or persons whose communications, meaning of the same or any part thereof, or any information
Privacy conversations, discussions, or spoken words are to be therein contained obtained or secured by any person in
E. Freedom of Speech and Expression
overheard, intercepted, or recorded and, in the case of violation of the preceding sections of this Act shall not be
(1987 CONST., art. III, secs. 4 and 18(1)) telegraphic or telephonic communications, the telegraph admissible in evidence in any judicial, quasi-judicial,
line or the telephone number involved and its location; (2) legislative or administrative hearing or investigation.
1. Prior Restraint and Subsequent
Punishment the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations, Section 5. All laws inconsistent with the provisions of this
2. Content-Based and Content-Neutral
Regulations discussions, or spoken words; (3) the offense or offenses Act are hereby repealed or accordingly amended.
committed or sought to be prevented; and (4) the period of
3. Facial Challenges and Overbreadth
Doctrine the authorization. The authorization shall be effective for Section 6. This Act shall take effect upon its approval.
the period specified in the order which shall not exceed
4. Tests for Valid Government Interference
sixty (60) days from the date of issuance of the order, ARTICLE III
5. Doctrine of Privileged Communication – unless extended or renewed by the court upon being Bill of Rights
Act No. 3815, art. 354
satisfied that such extension or renewal is in the public
interest. SECTION 4. No law shall be passed abridging the freedom
of speech, of expression, or of the press, or the right of
All recordings made under court authorization shall, within the people peaceably to assemble and petition the
forty-eight hours after the expiration of the period fixed in government for redress of grievances.
the order, be deposited with the court in a sealed
envelope or sealed package, and shall be accompanied by SECTION 18. (1) No person shall be detained solely by
an affidavit of the peace officer granted such authority reason of his political beliefs and aspirations.
stating the number of recordings made, the dates and
times covered by each recording, the number of tapes,
discs, or records included in the deposit, and certifying ACT 3815
that no duplicates or copies of the whole or any part
thereof have been made, or if made, that all such Article 354. Requirement for publicity. - Every defamatory
duplicates or copies are included in the envelope or imputation is presumed to be malicious, even if it be true,
package deposited with the court. The envelope or if no good intention and justifiable motive for making it is
package so deposited shall not be opened, or the shown, except in the following cases:
recordings replayed, or used in evidence, or their contents 1. A private communication made by any person to another
revealed, except upon order of the court, which shall not in the performance of any legal, moral or social duty; and
be granted except upon motion, with due notice and 2. A fair and true report, made in good faith, without any
opportunity to be heard to the person or persons whose comments or remarks, of any judicial, legislative or other
conversation or communications have been recorded. official proceedings which are not of confidential nature, or
of any statement, report or speech delivered in said
proceedings, or of any other act performed by public
officers in the exercise of their functions.

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 ARTICLE III
Bill of Rights
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SECTION 5. No law shall be made respecting an ARTICLE III
establishment of religion, or prohibiting the free exercise Bill of Rights
VI. BILL OF RIGHTS (1987 CONST.,
thereof. The free exercise and enjoyment of religious
art. III) profession and worship, without discrimination or SECTION 8. The right of the people, including those
preference, shall forever be allowed. No religious test employed in the public and private sectors, to form unions,
F. Freedom of Religion (1987 CONST., art.
III, sec. 5)
shall be required for the exercise of civil or political rights. associations, or societies for purposes not contrary to law
shall not be abridged.
1. Non-Establishment and Free Exercise
Clauses
ARTICLE II
Declaration of Principles and State Policies ARTICLE XIII
2. Tests for Valid Government Interference
Principles Labor
3. Separation of Church and State – 1987
CONST., art. II, sec. 6
SECTION 6. The separation of Church and State shall be SECTION 3. The State shall afford full protection to labor,
G. Liberty of Abode and Right to Travel; inviolable. local and overseas, organized and unorganized, and
Limitations (1987 CONST., art. III, sec. 6)
promote full employment and equality of employment
H. Right to Information; Limitations (1987 ARTICLE III opportunities for all.
CONST., art. II, sec. 28; art. XVI, sec. 10) Bill of Rights
I. Right to Association (1987 CONST., art. It shall guarantee the rights of all workers to self-
III, sec. 8; art. XIII, sec. 3; art. IX-B, sec. SECTION 6. The liberty of abode and of changing the same organization, collective bargaining and negotiations, and
2(5)
within the limits prescribed by law shall not be impaired peaceful concerted activities, including the right to strike
except upon lawful order of the court. Neither shall the in accordance with law. They shall be entitled to security
right to travel be impaired except in the interest of national of tenure, humane conditions of work, and a living wage.
security, public safety, or public health, as may be They shall also participate in policy and decision-making
provided by law. processes affecting their rights and benefits as may be
provided by law.
ARTICLE II
State Policies The State shall promote the principle of shared
responsibility between workers and employers and the
SECTION 28. Subject to reasonable conditions prescribed preferential use of voluntary modes in settling disputes,
by law, the State adopts and implements a policy of full including conciliation, and shall enforce their mutual
public disclosure of all its transactions involving public compliance therewith to foster industrial peace.
interest.
The State shall regulate the relations between workers and
ARTICLE XVI employers, recognizing the right of labor to its just share in
General Provisions the fruits of production and the right of enterprises to
reasonable returns on investments, and to expansion and
SECTION 10. The State shall provide the policy growth.
environment for the full development of Filipino capability
and the emergence of communication structures suitable ARTICLE IX
to the needs and aspirations of the nation and the B. The Civil Service Commission
balanced flow of information into, out of, and across the
country, in accordance with a policy that respects the SECTION 2. (5) The right to self-organization shall not be
freedom of speech and of the press. denied to government employees.

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 ARTICLE III
Bill of Rights
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SECTION 10. No law impairing the obligation of contracts SEC. 4. Requirements for Availment. — For purposes of
shall be passed. availing of the benefits and services as envisioned in this
VI. BILL OF RIGHTS (1987 CONST., Act, a lawyer or professional partnership shall secure a
SECTION 11. Free access to the courts and quasi-judicial
art. III) certification from the Public Attorney's Office (PAO), the
bodies and adequate legal assistance shall not be denied to
Department of Justice (DOJ) or accredited association of
any person by reason of poverty.
J. Non-Impairment of Contracts (1987 the Supreme Court indicating that the said legal services
CONST., art. III, sec. 10) to be provided are within the services defined by the
K. Free Access to Courts and Adequate Supreme Court, and that the agencies cannot provide the
REPUBLIC ACT NO. 9999
Legal Assistance (1987 CONST., art. III, legal services to be provided by the private counsel.
sec. 11; R.A. No. 9999) AN ACT PROVIDING A MECHANISM FOR FREE LEGAL
ASSISTANCE AND FOR OTHER PURPOSES
For purposes of determining the number of hours actually
provided by the lawyer and/or professional firm in the
Be it enacted by the Senate and House of Representative of provision of legal services, the associationa and/or
the Philippines in Congress assembled: organization duly accredited by the Supreme Court shall
issue the necessary certification that said legal services
SECTION 1. Short Title. — This Act shall be known as the were actually undertaken.
"Free Legal Assistance Act of 2010".
The certification issued by, among others, the PAO the DOJ
SEC. 2. Declaration of Policy. — It is the declared policy of and other accredited association by the Supreme Court
the State to value the dignity of every human person and shall be submitted to the Bureau of Internal Revenue (BIR)
guarantee the rights of every individual, particularly those for purposes of availing the tax deductions as provided for
who cannot afford the services of a legal counsel. in this Act and to the DOJ for purposes of monitoring.

Furthermore, it is the policy of the State to promote a just SEC. 5. Incentives to Lawyers. — For purposes of this Act,
and dynamic social order that will ensure the prosperity and a lawyer or professional partnerships rendering actual free
independence of the nation and free the people from poverty legal services, as defined by the Supreme Court, shall be
through policies and programs that provide adequate social entitled to an allowable deduction from the gross income,
services and improve the quality of life for all. the amount that could have been collected for the actual
free legal services rendered or up to ten percent (10%) of
In addition, the State shall guarantee free legal assistance to the gross income derived from the actual performance of
the poor and ensure that every person who cannot afford the the legal profession, whichever is lower: Provided, That the
services of a counsel is provided with a competent and
actual free legal services herein contemplated shall be
independent counsel preferably of his/her own choice, if
exclusive of the minimum sixty (60)-hour mandatory legal
upon determination it appears that the party cannot afford
aid services rendered to indigent litigants as required
the services of a counsel, and that the services of a counsel
under the Rule of Mandatory Legal Aid Service for
are necessary to secure the ends of justice and protect the
Practicing Lawyers, under BAR Matter No. 2012, issue by
rights of the party.
the Supreme Court.
SEC. 3. Definition of Terms. — As provided for in this Act,
the term legal services to be performed by a lawyer refers to SEC. 6. Information, Education and Communication (IEC)
any activity which requires the application of law, legal Campaign. — The DOJ, in cooperation with the Philippine
procedure, knowledge, training and experiences which shall Information Agency (PIA), is hereby mandated to conduct
include, among others, legal advice and counsel, and the an annual IEC campaign in order to inform the lawyers of
preparation of instruments and contracts, including teh procedures and guidelines in availing tax deductions
appearance before the administrative and quasi-judicial and informs the general public that a free legal assistance
offices, bodies and tribunals handling cases in court, and to those who cannot afford counsel is being provided by
the State.

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other similar services as may be defined by the Supreme
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 SEC. 7. Reportorial Requirement. — For purposes of
determining the effectiveness and social impact of the
provisions of this Act, the DOJ shall submit an annual report
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to both Houses of Congress indicating therewith the number (3) Any confession or admission obtained in violation of
of parties who benefited from this Act. this or Section 17 hereof shall be inadmissible in evidence
VI. BILL OF RIGHTS (1987 CONST., against him.
art. III)
The report shall state in detail, among others, the geographic
location, demographic characteristics and socioeconomic
(4) The law shall provide for penal and civil sanctions for
profile of the beneficiaries of this Act.
violations of this section as well as compensation to and
K. Free Access to Courts and Adequate rehabilitation of victims of torture or similar practices, and
Legal Assistance (1987 CONST., art. III, SEC. 8. Implementing Rules and Regulations (IRR). — Within
sec. 11; R.A. No. 9999) their families.
ninety (90) days from the date of effectivity of this Act, the
L. Rights under Custodial Investigation BIR shall formulate the necessary revenue regulations for the
(1987 CONST., art. III, sec. 12; R.A. No. proper implementation of the tax component as envisioned in
7438)
this Act. REPUBLIC ACT NO. 7438

The Supreme Court shall formulate the necessary AN ACT DEFINING CERTAIN RIGHTS OF PERSON
implementing rules and regulations with respect to the legal ARRESTED, DETAINED OR UNDER CUSTODIAL
services covered under this Act and the process of INVESTIGATION AS WELL AS THE DUTIES OF THE
accreditation of organizations and/or associations which will ARRESTING, DETAINING, AND INVESTIGATING OFFICERS,
provide free legal assistance. AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

SEC. 9. Separability Clause. — If any provision of this Act is

declared unconstitutional or invalid, the other provisions not Be it enacted by the Senate and House of Representatives
affected by such declaration shall remain in full force and of the Philippines in Congress assembled:
effect.
SECTION 1. Statement of policy. - It is the policy of the
SEC. 10. Repealing Clause. — Any law, decree, ordinance or State to value the dignity of every human being and
administrative circular not consistent with any provision of guarantee full respect for human rights.
this Act is hereby amended, repealed or modified
accordingly. SEC. 2. Rights of Persons Arrested, Detained, or under
Custodial Investigation; Duties of Public Officers. -
SEC. 11. Effectivity Clause. — This Act shall take effect 1. Any person arrested, detained or under custodial
fifteen (15) days after its complete publication in the Official investigation shall at all times be assisted by counsel.
Gazette or in two (2) newspapers of general circulation. 2. Any public officer or employee, or anyone acting under
his order or in his place, who arrests, detains or
ARTICLE III
investigates any person for the commission of an
Bill of Rights
offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and
SECTION 12. (1) Any person under investigation for the
to have competent and independent counsel, preferably
commission of an offense shall have the right to be informed
of his own choice, who shall at all times be allowed to
of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the
confer privately with the person arrested, detained or
person cannot afford the services of counsel, he must be under custodial investigation. If such person cannot
provided with one. These rights cannot be waived except in afford the services of his own counsel, he must be
writing and in the presence of counsel. provided with a competent and independent counsel by
the investigating officer.
(2) No torture, force, violence, threat, intimidation, or any
other means which vitiate the free will shall be used against
him. Secret detention places, solitary, incommunicado, or

Political Law
other similar forms of detention are prohibited.
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 3. The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before such
report is signed, or thumb-marked if the person arrested or
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detained does not know how to read and write, it shall be The assisting counsel other than the government lawyers
read and adequately explained to him by his counsel or by shall be entitled to the following fees:
the assisting counsel provided by the investigating officer in
VI. BILL OF RIGHTS (1987 CONST., 1. The amount of One hundred fifty pesos (PI50.00) if the
the language or dialect known to such arrested or detained
art. III) suspected person is chargeable with light felonies,
person, otherwise, such investigation report shall be null and
2. The amount of Two hundred fifty pesos (P250.00) if the
void and of no effect whatsoever.
suspected person is chargeable with less grave or
K. Free Access to Courts and Adequate grave felonies;
Legal Assistance (1987 CONST., art. III, 4. Any extrajudicial confession made by a person arrested,
sec. 11; R.A. No. 9999) 3. The amount of Three hundred fifty pesos (P350.00) if
detained or under custodial investigation shall be in writing
the suspect is chargeable with a capital offense.
L. Rights under Custodial Investigation and signed by such person in the presence of his counsel or
(1987 CONST., art. III, sec. 12; R.A. No. in the latter's absence, upon a valid waiver, and in the
7438)
presence of any of the parents, elder brothers and sisters, The fee for the assisting counsel shall be paid by the city
his spouse, the municipal mayor, the municipal judge, district or municipality where the custodial investigation is
school supervisor, or priest or minister of the gospel as conducted, provided that if the municipality or city cannot
chosen by him; otherwise, such extrajudicial confession shall pay such fee, the province comprising such municipality or
be inadmissible as evidence in any proceeding. city shall pay the fee: Provided, That the Municipal or City
Treasurer must certify that no funds are available to pay
5. Any waiver by a person arrested or detained under the the fees of assisting counsel before the province pays said
provisions of Article 125 of the Revised Penal Code, or under fees.
custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise such waiver In the absence of any lawyer, no custodial investigation
shall be null and void and of no effect. shall be conducted and the suspected person can only be
detained by the investigating officer in accordance with the
6. Any person arrested or detained or under custodial provision of Article 125 of the Revised Penal Code.
investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor SEC. 4. Penalty Clause. -
of priest or religious minister chosen by him or by any a. Any arresting public officer or employee, or any
member of his immediate family or by his counsel, or by any investigating officer, who fails to inform any person
national non-government organization duly accredited by the arrested, detained or under custodial investigation of his
Commission on Human Rights or by any international non- right to remain silent and to have competent and
governmental organization duly accredited by the Office of independent counsel preferably of his own choice, shall
the President. The person's "immediate family" shall include suffer a fine of Six thousand pesos (P6,000.00) or a
his or her spouse, fiance or fiancee, parent or child, brother
penalty of imprisonment of not less than eight (8) years but
or sister, grandparent or grandchild, uncle or aunt, nephew or
not more than ten (10) years, or both. The penalty of
niece, and guardian or ward.
perpetual absolute disqualification shall also be imposed
upon the investigating officer who has been previously
As used in this Act, "custodial investigation" shall include the
convicted of a similar offense.
practice of issuing an "invitation" to a person who is
investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the
The same penalties shall be imposed upon a public officer
"inviting" officer for any violation of law. or employee, or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a
SEC. 3. Assisting Counsel. - Assisting counsel is any lawyer, competent and independent counsel to a person arrested,
except those directly affected by the case, those charged detained or under custodial investigation for the
with conducting preliminary investigation or those charged commission of an offense if the latter cannot afford the
with the prosecution of crimes. services of his own counsel.

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 b. Any person who obstructs, prevents or prohibits any
lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any
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medical doctor or priest or religious minister chosen by him SECTION 15. The privilege of the writ of habeas corpus
or any member of his immediate family or by his counsel, from
shall not be suspended except in cases of invasion or
visiting and conferring privately with him, or from examining
VI. BILL OF RIGHTS (1987 CONST., rebellion when the public safety requires it.
and treating him, or from ministering to his spiritual needs, at
art. III)
any hour of the day or, in urgent cases, of the night shall
SECTION 16. All persons shall have the right to a speedy
suffer the penalty of imprisonment of not less than four (4)
disposition of their cases before all judicial, quasi-judicial,
years, and a fine of Four thousand pesos (P4,000.00).
L. Rights under Custodial Investigation or administrative bodies.
(1987 CONST., art. III, sec. 12; R.A. No.
7438) The provisions of the above Section notwithstanding, any
security officer with custodial responsibility over any SECTION 17. No person shall be compelled to be a witness
1. Requisites of a Valid Waiver
detainee or prisoner may undertake such reasonable against himself.
2. Exclusionary Rule
measures as may be necessary to secure his safety and
M. Rights of the Accused (1987 CONST., prevent his escape. SECTION 21. No person shall be twice put in jeopardy of
art. III, secs. 13-17, 21 and 22) punishment for the same offense. If an act is punished by a
N. Right against Involuntary Servitude SEC. 5. Repealing Clause. - Republic Act No. 857, as law and an ordinance, conviction or acquittal under either
(1987 CONST., art. III, sec. 18) amended, is hereby repealed. Other laws, presidential shall constitute a bar to another prosecution for the same
decrees, executive orders or rules and regulations, or parts act.
O. Right against Excessive Fines, and
Cruel and Inhumane Punishments (1987 thereof inconsistent with the provisions of this Act are
CONST., art. III, sec. 19) repealed or modified accordingly. SECTION 22. No ex post facto law or bill of attainder shall
P. Non-imprisonment for Debts (1987 be enacted.
CONST., art. III, sec. 20) SEC. 6. Effectivity. - This Act shall take effect fifteen (15)
days following its publication in the Official Gazette or in any SECTION 18. (1) No person shall be detained solely by
daily newspaper of general circulation in the Philippines. reason of his political beliefs and aspirations.

ARTICLE III
(2) No involuntary servitude in any form shall exist except
Bill of Rights
as a punishment for a crime whereof the party shall have
been duly convicted.
SECTION 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient SECTION 19. (1) Excessive fines shall not be imposed, nor
sureties, or be released on recognizance as may be provided cruel, degrading or inhuman punishment inflicted. Neither
by law. The right to bail shall not be impaired even when the shall death penalty be imposed, unless, for compelling
privilege of the writ of habeas corpus is suspended. reasons involving heinous crimes, the Congress hereafter
Excessive bail shall not be required. provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
SECTION 14. (1) No person shall be held to answer for a
criminal offense without due process of law. (2) The employment of physical, psychological, or
degrading punishment against any prisoner or detainee or
(2) In all criminal prosecutions, the accused shall be the use of substandard or inadequate penal facilities under
presumed innocent until the contrary is proved, and shall subhuman conditions shall be dealt with by law.
enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against SECTION 20. No person shall be imprisoned for debt or
him, to have a speedy, impartial, and public trial, to meet the non-payment of a poll tax.
witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of
evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to

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 ARTICLE IV
Citizenship
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SECTION 1. The following are citizens of the Philippines: "I _________________, solemnly swear (or affirm) that I will
(1) Those who are citizens of the Philippines at the time of support and defend the Constitution of the Republic of the
VII. CITIZENSHIP (1987 CONST., art. IV)
the adoption of this Constitution; Philippines and obey the laws and legal orders
(2) Those whose fathers or mothers are citizens of the promulgated by the duly constituted authorities of the
Philippines; Philippines, and I hereby declare that I recognize and
A. Filipino Citizens (1987 CONST., art. IV,
(3) Those born before January 17, 1973, of Filipino mothers, accept the supreme authority of the Philippines and will
secs. 1-2) who elect Philippine citizenship upon reaching the age of maintain true faith and allegiance thereto; and that I
B. Acquisition and Loss of Citizenship
majority; and impose this obligation upon myself voluntarily without
(4) Those who are naturalized in accordance with law. mental reservation or purpose of evasion."
C. Retention and Re-acquisition of
Citizenship (R.A. No. 9225)
SECTION 2. Natural-born citizens are those who are Natural-born citizens of the Philippines who, after the
citizens of the Philippines from birth without having to effectivity of this Act, become citizens of a foreign country
perform any act to acquire or perfect their Philippine shall retain their Philippine citizenship upon taking the
citizenship. Those who elect Philippine citizenship in aforesaid oath.
accordance with paragraph (3), Section 1 hereof shall be
deemed natural-born citizens. SEC. 4. Derivative Citizenship. — The unmarried child,
whether legitimate, illegitimate or adopted, below eighteen
SECTION 3. Philippine citizenship may be lost or (18) years of age, of those who re-acquire Philippine
reacquired in the manner provided by law. citizenship upon effectivity of this Act shall be deemed
citizens of the Philippines.
REPUBLIC ACT NO. 9225
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE SEC. 5. Civil and Political Rights and Liabilities. — Those
CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP who retain or re-acquire Philippine citizenship under this
PERMANENT, AMENDING FOR THE PURPOSE Act shall enjoy full civil and political rights and be subject
COMMONWEALTH ACT NO. 63, AS AMENDED, AND FOR to all attendant liabilities and responsibilities under
OTHER PURPOSES existing laws of the Philippines and the following
conditions:
1. Those intending to exercise their right of suffrage must
Be it enacted by the Senate and House of Representatives meet the requirements under Section 1, Article V of the
of the Philippines in Congress assembled: Constitution, Republic Act No. 918, otherwise known as
"The Overseas Absentee Voting Act of 2003" and other
SECTION 1. Short Title. — This Act shall be known as the existing laws;
"Citizenship Retention and Re-acquisition Act of 2003." 2. Those seeking elective public office in the Philippines
shall meet the qualifications for holding such public
SEC. 2. Declaration of Policy. — It is hereby declared the office as required by the Constitution and existing laws
policy of the State that all Philippine citizens who become and, at the time of the filing of the certificate of
citizens of another country shall be deemed not to have candidacy, make a personal and sworn renunciation of
lost their Philippine citizenship under the conditions of this any and all foreign citizenship before any public officer
Act. authorized to administer an oath;
3. Those appointed to any public office shall subscribe
SEC. 3. Retention of Philippine Citizenship. — Any and swear to an oath of allegiance to the Republic of
provision of law to the contrary notwithstanding, natural- the Philippines and its duly constituted authorities prior
born citizens of the Philippines who have lost their to their assumption of office: Provided, That they
Philippine citizenship by reason of their naturalization as renounce their oath of allegiance to the country where
citizens of a foreign country are hereby deemed to have they took that oath;
re-acquired Philippine citizenship upon taking the following
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Political Law
 4. Those intending to practice their profession in the
Philippines shall apply with the proper authority for a license
or permit to engage in such practice; and
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That right to vote or be elected or appointed to any public Fourth He must own real estate in the Philippines worth not
office in the Philippines cannot be exercised by, or less than five thousand pesos, Philippine currency, or must
extended to, those who: have some know lucrative trade, profession, or lawful
VII. CITIZENSHIP (1987 CONST., art. IV)
a. are candidates for or are occupying any public office in occupation;
the country of which they are naturalized citizens; and/or
b. are in active service as commissioned or non-
C. Retention and Re-acquisition of Fifth He must be able to speak and write English or Spanish
commissioned officers in the armed forces of the country
Citizenship (R.A. No. 9225) and any one oi the principal Philippine languages;
which they are naturalized citizens.
D. Naturalization (C.A. No. 473, secs. 2-4;
C.A. No. 63, as amended; A.M. No. 21 07- Sixth He must have enrolled his minor children of school
22) SEC. 6. Separability Clause. — If any section or provision of
age, in any of the public schools or private schools
this Act is held unconstitutional or invalid, any other section
recognized by the Office of Private Education of the
or provision not affected thereby shall remain valid and
Philippines, where Philippine history, government and
effective.
civics are taught or prescribed as part of the school
curriculum, during the entire period of the residence in the
SEC. 7. Repealing Clause. — All laws, decrees, orders, rules
Philippines required of him prior to the hearing of his
and regulations inconsistent with the provisions of this Act
petition for naturalization as Philippine citizen.
are hereby repealed or modified accordingly.

SEC. 8. Effectivity Clause. — This Act shall take effect Sec. 3. Special qualifications. - The ten years of
after fifteen (15) days following its publication in the Official continuous residing required under the second condition of
Gazette or two (2) newspapers of general circulation. the last preceding section shall be understood as reduced
to five years for any petitioner having any of the following
qualifications:
Commonwealth Act No. 473 1. Having honorably held office under the Government of
AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE the Philippines or under that of any of the provinces,
CITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS cities, municipalities, or political subdivisions thereof;
NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN 2. Having established a new industry or introduced a
AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT useful invention in the Philippines;
3. Being married to a Filipino woman;
Sec. 2. Qualifications. - Subject to section four of this Act, 4. Having been engaged as a teacher in the Philippines in a
any person having the following qualifications may become a public or recognized private school not established for
citizen of the Philippines by naturalization; ti»e exclusive instruction of children of persons of a
particular nationality or race, in any of the branches of
First He must-be not less than twenty-one years of age on education or industry for a period of not less than two
the day of the hearing of the petition; years;
5. Having teen born in the Philippines.
Second he must have resided in tho Philippines for a
continuous period of not less than ten years; Sec. 4. Who are disqualified. - The following can not be
naturalized as Philippine citizens:
Third He must be of good moral character and believes in
the principles underlying the Philippine Constitution, and 1. Persons opposed to organized government or affiliated
must have conducted himself in a proper and irreproachable with any association or group of persons who uphold
manner during the entire period of his residence in the and teach doctrines opposing all organized
Philippines in his relation with the constituted government as governments;
well as with the community in which he is living.

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Political Law
 2. Persons defending or teaching the necessity or
propriety of violence, personal assault, or assassination
for the success and predominance of their ideas;
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3. Polygamists or believers in the practice of polygamy; . SEC. 4. Basic Principles. – This Rule shall be governed by
4. Persons convicted of crimes involving moral turpitude; the following basic principles:
VII. CITIZENSHIP (1987 CONST., art. IV) 5. Persons suffering from mental alienation or incurable a) Refugees and stateless persons are to be accorded
contagious diseases; the same respect and dignity as citizens of the
6. Persons who, during the period of their residence in Philippines, free from all forms of discrimination on
C. Retention and Re-acquisition of the Philippines, have not mingled socially with the account of race, color, gender, national origin, political
Citizenship (R.A. No. 9225)
Filipinos, or who have not evinced a sincere desire to view, religious belief, or physical or mental condition.
D. Naturalization (C.A. No. 473, secs. 2-4; learn and embrace the customs, traditions, and ideals of
C.A. No. 63, as amended; A.M. No. 21 07-
the Filipinos; b) The unity of the family of refugees and stateless
22)
7. Citizens, or subjects of nations with whom the United persons, particularly the protection of children, shall at
States and the Philippines are at war, during the period of all times be promoted and preserved. Unaccompanied
such war; children who are refugees and stateless persons shall be
8. Citizens or subjects of a foreign country other than the referred to the appropriate government agencies and/or
united States, whose laws do not grant Filipinos the right non-government organizations for their care, welfare, and
to become naturalized citizens or subjects thereof. access to legal services, including the filing of their
petition for naturalization.
A.M. NO. 21-07-22
Rule on Facilitated naturalization of Refugees and SEC. 5. Definition of Terms. – For purposes of this Rule: a)
Stateless Persons Refugee – any person who, owing to a well-founded fear
of being persecuted for reasons of race, religion,
SECTION 1. Title. – This Rule shall be known and cited as nationality, membership of a particular social group or
the “Rule on Facilitated Naturalization of Refugees and political opinion, is outside the country of his or her
Stateless Persons.” nationality and is unable, or owing to such fear, is
unwilling to avail himself or herself of the protection of
SEC. 2. Applicability. – This Rule shall apply to petitions that country; or who, not having a nationality and being
for naturalization under relevant laws fi led by refugees outside the country of his or her former habitual
and stateless persons recognized by the Philippine residence as a result of such events, is unable or, owing
Government. Where applicable, the Rules of Court shall to such fear, is unwilling to return to it.
apply suppletorily to proceedings under this Rule.
b) Stateless person – a person who is not considered as a
SEC. 3. Objective. – This expedited procedure shall national by any State under the operation of its law.
simplify and reduce legal and procedural hurdles in
obtaining Philippine citizenship to facilitate the c) Child – a person below eighteen (18) years of age or
assimilation and naturalization of refugees and stateless eighteen (18) years of age or over but is unable to fully
persons into Philippine society, in accordance with the take care of himself or herself, or protect himself or
international obligations of the Philippines under Article herself from abuse, neglect, cruelty, exploitation or
34 of the 1951 Convention Relating to the Status of discrimination because of a physical or mental disability
Refugees and its 1967 Protocol, Article 32 of the 1954 or condition.
Convention Relating to the Status of Stateless Persons,
and other applicable and relevant international legal d) Unaccompanied child – a child who is separated from
instruments, and United Nations (UN) treaties or both parents and other relatives and is not being cared
conventions to which the Philippines is a State Party. for by an adult who, by law or custom, has responsibility
to do so.

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 e) Best interests of the child – the totality of the
circumstances and conditions as are most congenial to the
survival, protection, and feelings of security of the child
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with the aim of encouraging his or her physical, A petition, in behalf of the unaccompanied child or a joint
psychological, and emotional development, as well as petition involving related unaccompanied children, may be
VII. CITIZENSHIP (1987 CONST., art. IV)
respecting his or her right to identity, including his or her filed by the Department of Social Welfare and Development
nationality. It also means the least detrimental available (DSWD), the appropriate Local Social Welfare and
alternative for safeguarding the growth and development of Development Office (LSWDO) where the unaccompanied child
D. Naturalization (C.A. No. 473, secs. 2-4;
the child. resides, or the child-caring agency having care and custody
C.A. No. 63, as amended; A.M. No. 21 07- of the child. In matters concerning children, their best
22) f) Child-caring agency – a duly licensed and accredited interests shall be given paramount consideration.
agency providing complementary child care and protection
services. SEC. 7. Where to fi le the petition. – The Regional Trial Court
(RTC) of the locality in which the petitioner has resided at
g) Family Members – the spouse and children who least one (1) year immediately preceding the fi ling of the
accompany the applicant. The term also includes any petition shall have exclusive original jurisdiction to hear the
person who is dependent socially, economically, or petition.
emotionally upon the applicant.
SEC. 8. Contents of the petition. – The verified petition shall
specifically allege the following:
h) Removal or expulsion – the formal act or conduct,
a) Personal circumstances of the petitioner:
pursuant to a decision reached by the Department of
Justice–Refugees and Stateless Persons Protection Unit
i. Name and surname of the petitioner and other aliases by
(DOJ-RSPPU) or the appropriate Philippine government
which he or she may be known;
agency, of compelling a refugee or stateless person to
ii. The present and former places of habitual residence within
leave the territory of the Philippines within a reasonable
the Philippines and/or abroad;
period of time, in case of conviction with finality of a
iii. Place and date of birth;
serious off ense and being considered a danger to the iv. Civil status as well as name, age, sex, birthplace,
community after having served his or her sentence, or on residence of the spouse(s) and child(ren), if applicable;
grounds of national security or public order. v. The actual or approximate date of first arrival in the
Philippines, as may be evidenced by a certificate or document
i) Deportation – is an act by or under the authority of the issued by the appropriate government agency; and,
State of removing a foreigner from Philippine territory. It vi. An undertaking that the petitioner will reside continuously
applies to a foreigner whose presence in the Philippines is in the Philippines from the date of the filing of the petition up
found to be injurious to national interest, public health, to the time of admission to Philippine citizenship.
public safety, and public interest.
b) The petition shall also specifi cally allege the following:
j) Termination of refugee or stateless status – refers to the i. The petitioner has met the minimum age requirement
cessation, cancellation or revocation of status of petitioner pursuant to the relevant law on naturalization on the day of
as refugee or stateless person under Department of Justice the hearing of the petition;
Circular No. 5810 or other relevant laws.
ii. That the petitioner has resided in the Philippines for a
SEC. 6. Petition for naturalization; who may file. – A verified continuous period of not less than ten (10) years, or for a
petition for naturalization may be filed by individual reduced period of five (5) years when the special
petitioners who are recognized as refugees or stateless circumstances in paragraph (c) of this Section are present:
persons. Provided, that for this purpose, the reckoning period shall be
the date of first arrival into the Philippines;
A joint petition may be filed by immediate family members,
related either by consanguinity or affinity.

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 iii. That the petitioner is of good moral character and
believes in the principles underlying the Philippine
Constitution, and has conducted himself or herself in a
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proper and irreproachable manner during the entire period iii. Having been engaged as a teacher in the Philippines in a
of his or her residence in the Philippines in his or her public or recognized private school not established for the
VII. CITIZENSHIP (1987 CONST., art. IV)
relation with the constituted government as well as with the exclusive instruction of children of persons of a particular
community in which he or she is living; nationality or race, in any of the branches of education or
industry for a period of not less than two (2) years; and,
D. Naturalization (C.A. No. 473, secs. 2-4;
iv. That the petitioner owns real estate in the Philippines, or iv. Having been born in the Philippines.
C.A. No. 63, as amended; A.M. No. 21 07- any interest therein, or must have some known trade,
22) profession, or occupation for as long as the petitioner d) Statement that the petitioner does not possess any of the
would not become a public charge or an economic burden following disqualifi cations:
to the society, or that the petitioner could serve as a i. Persons opposed to organized government or affiliated with
potential asset to the country; any association or group of persons who uphold and teach
doctrines opposing all organized governments;
v. That the petitioner is able to speak and write in any one ii. Persons defending or teaching the necessity or propriety of
of the principal Philippine languages, unless he or she suff violence, personal assault, or assassination for the success
ers from any disability that hampers his or her ability to and predominance of their ideas;
speak or write; iii. Polygamists or believers in the practice of polygamy;
iv. Persons convicted of crimes involving moral turpitude;
v. Persons suffering from mental alienation or incurable
vi. That the petitioner has enrolled his or her minor children
contagious diseases;
of school age, in any of the public or private schools
vi. Persons who, during the period of their residence in the
recognized by the appropriate government agency, where
Philippines, have not mingled socially with the Filipinos, or
Philippine history, government and civics are taught or
who have not evinced a sincere desire to learn and embrace
prescribed as part of the school curriculum, during the
the customs, traditions, and ideals of the Filipinos;
entire required period of residence in the Philippines prior
vii. Citizens or subjects of nations with which the Philippines
to the hearing of the petition: Provided, that this is at war, during the period of such war.
requirement is not applicable if petitioner or his or her
minor children were unable to reside in the Philippines However, these disqualifi cations shall not be construed in a
during the children’s minority due to their status as refugee manner as to discriminate the petitioner on account of the
or stateless persons or other justifi able reasons; and, petitioner’s religion, culture, political opinion, physical or
vii. That the petitioner has duly fi led with the Offi ce of the mental condition.
Solicitor General (OSG), at least one (1) year prior to the fi
ling of his or her petition for naturalization, a declaration SEC. 9. Accompanying documents. – The verified petition
under oath that it is his or her bona fi de intention to shall be accompanied by the following:
become a citizen of the Philippines.
a) Birth certificate of the petitioner, his or her spouse, and
In the case of an unaccompanied child, the petition shall their children, if it can be obtained, as legal proof of their
state only such facts as may be relevant to the identity;
circumstances surrounding his or her status.
b) Marriage certificate if the petitioner is married, and if it can
c) Other special circumstances such as: be obtained, as legal proof of his or her marital status;

i. Having established a new industry or introduced a useful c) Two (2) photographs of the petitioner;
invention in the Philippines;
ii. Being married to a Filipino;

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 d) Affidavit of at least two (2) credible persons, stating that they
are citizens of the Philippines and personally know the petitioner
to be a resident of the Philippines for the period of time required
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by this Rule and a person of good repute and morally
SEC. 10. Parties to the Petition. – The petition must be
irreproachable, and that said petitioner has in their opinion all
the qualifi cations necessary to become a citizen of the filed in the name of the petitioner and the Republic of the
VII. CITIZENSHIP (1987 CONST., art. IV) Philippines and is not in any way disqualifi ed under the Philippines as respondent. It must be verified and
provisions of this Rule; accompanied by a certifi cate of non-forum shopping.

D. Naturalization (C.A. No. 473, secs. 2-4; e) Declaration of Intention, if applicable; SEC. 11. Other reliefs. – The petition may pray for a
C.A. No. 63, as amended; A.M. No. 21-07-
22)
change of name, including that of the petitioner’s
f) Proof of recognition of refugee or stateless status by the DOJ-
spouse(s) or child(ren) who are impleaded in the petition,
RSPPU or the appropriate government agency;
upon compliance with the requisites under Rule 103 of the
g) Proof of first arrival in the Philippines as may be evidenced by Rules of Court, or seek other just and equitable reliefs.
a certificate or document issued by the appropriate government
agency; SEC. 12. Publication and posting of the petition. – If the
court is satisfied that the petition is sufficient in form and
h) The Alien Certifi cate of Registration (ACR) of the petitioner, substance, it shall direct the clerk of court to cause the
his or her spouse and his or her minor children; publication of the petition, excluding its annexes, for
three (3) consecutive weeks in the Official Gazette or its
i) Clearance issued by the National Bureau of Investigation (NBI);
website and in one (1) newspaper of general circulation or
j)Clearance issued by the Philippine National Police (PNP); its website in the place where the petitioner resides, OR
the official website of the Supreme Court. It shall likewise
k) Clearances issued by the Office of the Executive Clerk of direct the posting of copies of said petition and a general
Court of the RTC and the Office of the City or Provincial notice of the hearing in a public and conspicuous place in
Prosecutor having jurisdiction over the place where petitioner the court or in the building where said court is located,
habitually resides; setting forth in such notice the name, birthplace and
residence of the petitioner, the date and place of his or
l) Transcript of records of the petitioner’s minor children of
her arrival in the Philippines, the names of the witnesses
school age from any public or private school recognized by the
Department of Education or the Commission on Higher Education, whom the petitioner proposes to present in support of his
where Philippine history, government and civics are taught or or her petition, and the date of the hearing of the petition,
prescribed as part of the school curriculum; which hearing shall not be held within six (6) months from
the date of the last publication of the petition. The
m) Proof of financial capacity; following offices shall be furnished with copies of the
petition and notice of initial hearing:
n) Income tax returns for the past three (3) years immediately
preceding the filing of the petition, if applicable; and,
a) DOJ-RSPPU or the appropriate Philippine government
o) Other analogous documentary exhibits tending to prove that agency that may be tasked for refugee and stateless
petitioner is qualifi ed to be naturalized pursuant to the status determination;
provisions of Commonwealth Act (C.A.) No. 473.
b) Local Civil Registrar (LCR);
If the petitioner is unable to provide the foregoing documentary
exhibits, except for the Declaration of Intention, if applicable, c) Philippine Statistics Authority (PSA);
and the proof of recognition of refugee or stateless status, the
reason therefor shall be stated in the petition: Provided, that the
d) Bureau of Immigration (BI); and,
inability to produce said documentary exhibits shall not be a
ground for the denial of the petition if the totality of the evidence
is suffi cient to establish that the petitioner meets all of the e) DSWD, in cases wherein such agency does not
qualifi cations and does not suff er any of the disqualifi cations represent the petitioner who is an unaccompanied child.
as provided for in C.A. No. 473.
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 SEC. 13. Comment/Opposition/Manifestation to the
Petition. – The OSG or its deputized representative shall
appear on behalf of the Republic and shall file its
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comment/opposition/manifestation to the petition within SEC. 17. Effect of Removal, Deportation, or Termination of
thirty (30) calendar days from receipt thereof. The OSG Refugee or Stateless Status. Removal or deportation from
VII. CITIZENSHIP (1987 CONST., art. IV)
shall include, in its comment/opposition/manifestation, all the Philippines or termination of refugee or stateless
the relevant information it has gathered from the time the status shall not be a ground for the immediate dismissal
petitioner filed the Declaration of Intention to acquire of the petition, but the reason for such removal or
D. Naturalization (C.A. No. 473, secs. 2-4;
Filipino citizenship. deportation, or termination of refugee or stateless status
C.A. No. 63, as amended; A.M. No. 21-07-
22)
may be presented as ground for the denial of the petition:
SEC. 14. Prohibited Pleadings and Motions. – The following Provided, that the court hearing the petition for
pleadings and motions shall be prohibited: naturalization shall have no authority to prevent the
a) Motion to dismiss, except for lack of jurisdiction over
implementation of the removal or deportation order. If the
the subject matter;
refugee or stateless status of the petitioner is
b) Motion for bill of particulars;
terminated, this Rule shall automatically cease to apply
c) Motion for new trial;
and the petitioner shall inform the court within fi fteen
d) Motion for extension or postponement, except if based
(15) calendar days from notice of finality thereof whether
on acts of God, force majeure, or justified physical inability
the petitioner would like to proceed under regular
of a witness to appear and testify; or in case of the State,
naturalization proceedings.
if necessary to gather suffi cient evidence and information
for its comment/opposition in which case the extension
SEC. 18. Submission of Judicial Affi davits and Exhibits in
shall not exceed forty-five (45) calendar days; e) Rejoinder;
lieu of Direct Testimony. – The Judicial Affi davit Rule
f) Reply;
g) Petition for certiorari, prohibition and mandamus on
shall apply with respect to the direct testimonies and
interlocutory orders; and, documentary evidence of the parties.
h) Such other pleadings, motions and other papers of
similar nature intended to delay the proceedings. SEC. 19. Burden of Proof. – The burden of proof rests
upon the petitioner to show compliance with the
SEC. 15. Motion to Travel. – The petitioner shall seek requirements under this Rule and relevant laws.
authority from the court to travel abroad not more than
sixty (60) calendar days in one (1) year, indicating the SEC. 20. Standard of Proof. – In resolving the petition, the
period of travel and the reason or purpose thereof. The Court shall consider the totality of evidence presented to
counsel of record shall ensure that the petitioner has been determine whether the petitioner has all the qualifications
duly apprised of the legal consequences of non- and none of the disqualifications specifi ed by law, with
compliance with the conditions set forth in the court order. due consideration to the petitioner’s cooperation
throughout the naturalization procedure. In matters
SEC. 16. Trial. – Upon satisfactory proof that jurisdictional concerning children, their best interests shall be given
requirements have been complied with, the court shall paramount consideration.
issue a notice of hearing, which shall contain the schedule
of the trial dates, for both the petitioner and the SEC. 21. Rendition of the Decision. – The decision shall be
respondent. No petition shall be heard within thirty (30) rendered within ninety (90) calendar days from the date
calendar days preceding any election. The court shall the petition is deemed submitted for decision. Copies of
proceed to hear the petition or joint petition on an the decision shall be furnished to the following agencies:
expedited and continuous trial, which shall be concluded a) DOJ-RSPPU or the appropriate Philippine government
within ninety (90) calendar days from the initial date of agency that may be tasked for refugee and stateless
trial, without prejudice to the suspension of the said period status determination;
pursuant to the aforementioned thirty (30)-day prohibition. b) LCR and the PSA;

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 c) BI;
d) United Nations High Commissioner for Refugees;
e) In the case of a person with disability, the National
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Council on Disability Affairs or the Persons with Disability f) Date of the decision granting the petition; and,
Aff airs Office; and, g) Name of the judge who rendered the decision. A
VII. CITIZENSHIP (1987 CONST., art. IV) f) DSWD, in cases wherein such agency does not photograph of the petitioner with the dry seal affixed
represent the petitioner who is an unaccompanied child. thereto of the court, which granted the petition, must be
affixed to the decree. The decree of naturalization shall
D. Naturalization (C.A. No. 473, secs. 2-4; SEC. 22. Finality of the Decision. – The decision granting be furnished to the BI and the LCR with a court order
C.A. No. 63, as amended; A.M. No. 21-07-
the petition shall become fi nal after thirty (30) calendar directing the BI to cancel the petitioner’s ACR and the
22)
days from receipt thereof by the parties without an LCR to annotate or register such decree in the Book of
appeal or motion for reconsideration being filed: Registry.
Provided, that it shall become executory only after two
(2) years from its rendition and, after the court, on proper SEC. 24. Derivative Effect of Naturalization – Any woman
hearing, with the attendance of the Solicitor General or who is now or may hereafter be married to a citizen of the
his or her representative, is satisfi ed, and so fi nds, that Philippines, and who might herself be lawfully naturalized
during the intervening time, the petitioner (1) has not left shall be deemed a citizen of the Philippines. Minor
the Philippines without authority from the court, (2) has children of persons naturalized under relevant laws who
dedicated himself or herself continuously to a lawful have been born in the Philippines shall be considered
calling or profession, (3) has not been convicted of any citizens. A foreign-born minor child, if dwelling in the
off ense or violation of Government-promulgated rules, or Philippines at the time of the naturalization of the parent,
(4) has not committed any act prejudicial to the interest shall automatically become a Philippine citizen, and a
of the nation or contrary to any Government-announced foreign-born minor child, who is not in the Philippines at
policies: Provided, further, that the order finding the time the parent is naturalized, shall be deemed a
compliance with the foregoing requirements may not be Philippine citizen only during his or her minority, unless
subject to appeal or review by petition for certiorari under the child begins to reside permanently in the Philippines
Rule 65 of the Rules of Court, without prejudice to the when still a minor, in which case, the child will continue to
institution of denaturalization proceedings under relevant be a Philippine citizen even after becoming of age. A
laws. An order finding non-compliance with the minor child born outside of the Philippines after the
abovementioned conditions may be subject to a petition naturalization of the child’s parent, shall be considered a
for certiorari under Rule 65 of the Rules of Court which Philippine citizen, unless within one (1) year after reaching
shall be fi led within thirty (30) calendar days from receipt the age of majority, he or she fails to register himself or
of the order. herself as a Philippine citizen at the Philippine Consulate
of the country where he or she resides, and to take the
SEC. 23. Oath and Issuance of Decree of Naturalization. – necessary oath of allegiance.
After the Decision becomes executory pursuant to the
immediately preceding section, the petitioner shall SEC. 25. Appeal. – The decision granting or denying the
immediately take his or her oath of allegiance provided in petition may be appealed by notice of appeal under Rule
Annex A of this Rule. Thereafter, the court shall 41 or by way of a petition for review under Rule 45 on
immediately issue the decree of naturalization which shall pure questions of law: Provided, that in cases of reversal
state, among others: of the denial, or affi rmance of the grant of the petition
a) File number of the petition; for naturalization, the entire duration of the appeal shall
b) Number of the decree of naturalization; be included in the computation of the two (2)-year period
c) Signature of the person naturalized affi xed in the provided for in Section 22 hereof.
presence of the clerk of the court;
d) Personal circumstances of the person naturalized;
e) Dates on which his or her Declaration of Intention and
petition were filed;
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 SEC. 26. Confi dentiality of Proceedings. – All hearings in
facilitated naturalization, after compliance with jurisdictional
requirements, shall be confi dential. Books, records and
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papers related to the facilitated naturalization proceedings in ARTICLE XI
the files of the court or any other agency or institution
Accountability of Public Officers
participating in the proceedings shall be kept strictly confi
VII. CITIZENSHIP (1987 CONST., art. IV)
dential and shall not be disclosed directly or indirectly to
SECTION 5. There is hereby created the independent
anyone by any of the parties or participants in the
Office of the Ombudsman, composed of the Ombudsman
proceedings. If the court finds that disclosure of any
D. Naturalization (C.A. No. 473, secs. 2-4;
information related to the case is necessary for security
to be known as Tanodbayan, one overall Deputy and at
C.A. No. 63, as amended; A.M. No. 21-07-
22) reasons or for other purposes connected to or arising out of least one Deputy each for Luzon, Visayas, and Mindanao.
the naturalization proceedings, the court, upon motion, shall A separate Deputy for the military establishment may
order the release of the necessary information, restricting likewise be appointed.
however the purposes for which it shall be used and only
VIII. LAW ON PUBLIC OFFICERS upon the written consent of the petitioner. SECTION 6. The officials and employees of the Office of
the Ombudsman, other than the Deputies, shall be
Any person who violates this provision may be held liable for appointed by the Ombudsman according to the Civil
A. Public Officers; De Facto and De Jure contempt of court. Service Law.
B. Civil Service; Scope, Appointments,
Personnel Actions, and Removal SEC. 27. Fees. – Unless exempted by law, the petitioner shall SECTION 7. The existing Tanodbayan shall hereafter be
1. Preventive Suspension and Dismissal
only pay fi fty percent (50%) of the prescribed docket and known as the Office of the Special Prosecutor. It shall
from Service other legal fees. continue to function and exercise its powers as now or
2. Illegal Dismissal, Reinstatement, and hereafter may be provided by law, except those
Back Salaries SEC. 28. Specialized Docketing Number. – The facilitated
conferred on the Office of the Ombudsman created under
naturalization court shall adopt a specialized docketing
C. Accountability of Public Officers; this Constitution.
Ombudsman (1987 CONST., art. XI, secs. 5-
number system for purposes of tracking, monitoring, and
13; R.A. No. 6770, as amended; R.A. No. periodic reporting of the status of cases to the Offi ce of the
6713)
Court Administrator (OCA).
SECTION 8. The Ombudsman and his Deputies shall be
natural-born citizens of the Philippines, and at the time of
SEC. 29. Monitoring, Evaluation and Training. – The their appointment, at least forty years old, of recognized
application and adherence to this Rule shall be subject to probity and independence, and members of the Philippine
periodic monitoring by the OCA. For this purpose, all Bar, and must not have been candidates for any elective
designated courts shall accomplish and submit a periodic office in the immediately preceding election. The
report of data in a form to be generated and distributed by Ombudsman must have for ten years or more been a
the OCA. The Philippine Judicial Academy shall conduct judge or engaged in the practice of law in the Philippines.
continuous relevant trainings to judges and court personnel During their tenure, they shall be subject to the same
of the concerned courts. disqualifications and prohibitions as provided for in
Section 2 of Article IX-A of this Constitution.
SEC. 30. Transitory Provision.– This Rule shall be applicable
to all pending naturalization cases involving refugees and SECTION 9. The Ombudsman and his Deputies shall be
stateless persons, whenever practicable, as determined by
appointed by the President from a list of at least six
the court.
nominees prepared by the Judicial and Bar Council, and
from a list of three nominees for every vacancy
SEC. 31. Repealing Clause. – All rules, resolutions,
thereafter. Such appointments shall require no
regulations or circulars of the Supreme Court or parts
thereof which are inconsistent with any provision of this Rule
confirmation. All vacancies shall be filled within three
are hereby deemed repealed or modifi ed accordingly. months after they occur.

SEC. 32. Effectivity. – This Rule shall take eff ect fi fteen (15)
days after its publication in two (2) newspapers of general

Political Law
circulation.
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 SECTION 10. The Ombudsman and his Deputies shall have
the rank of Chairman and Members, respectively, of the
Constitutional Commissions, and they shall receive the
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same salary, which shall not be decreased during their (5) Request any government agency for assistance and
term of office. information necessary in the discharge of its
VIII. LAW ON PUBLIC OFFICERS responsibilities, and to examine, if necessary, pertinent
SECTION 11. The Ombudsman and his Deputies shall serve records and documents.
for a term of seven years without reappointment. They
A. Public Officers; De Facto and De Jure shall not be qualified to run for any office in the election (6) Publicize matters covered by its investigation when
immediately succeeding their cessation from office. circumstances so warrant and with due prudence.
B. Civil Service; Scope, Appointments,
Personnel Actions, and Removal
SECTION 12. The Ombudsman and his Deputies, as (7) Determine the causes of inefficiency, red tape,
1. Preventive Suspension and Dismissal
protectors of the people, shall act promptly on complaints
from Service mismanagement, fraud, and corruption in the Government
filed in any form or manner against public officials or
2. Illegal Dismissal, Reinstatement, and and make recommendations for their elimination and the
employees of the Government, or any subdivision, agency
Back Salaries observance of high standards of ethics and efficiency.
or instrumentality thereof, including government-owned or
C. Accountability of Public Officers;
controlled corporations, and shall, in appropriate cases,
Ombudsman (1987 CONST., art. XI, secs. 5- (8) Promulgate its rules of procedure and exercise such
13; R.A. No. 6770, as amended; R.A. No. notify the complainants of the action taken and the result
6713) other powers or perform such functions or duties as may
thereof.
be provided by law.
SECTION 13. The Office of the Ombudsman shall have the
Republic Act No. 6770
following powers, functions, and duties:
AN ACT PROVIDING FOR THE FUNCTIONAL AND
(1) Investigate on its own, or on complaint by any person,
STRUCTURAL ORGANIZATION OF THE OFFICE OF THE
any act or omission of any public official, employee, office OMBUDSMAN, AND FOR OTHER PURPOSES
or agency, when such act or omission appears to be
illegal, unjust, improper, or inefficient. Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
(2) Direct, upon complaint or at its own instance, any public assembled:
official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any Section 1. Title. — This Act shall be known as "The
government-owned or controlled corporation with original Ombudsman Act of 1989".
charter, to perform and expedite any act or duty required
by law, or to stop, prevent, and correct any abuse or Section 2. Declaration of Policy. — The State shall
impropriety in the performance of duties. maintain honesty and integrity in the public service and
take positive and effective measures against graft and
(3) Direct the officer concerned to take appropriate action corruption.
against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine, Public office is a public trust. Public officers and
censure, or prosecution, and ensure compliance therewith. employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity,
(4) Direct the officer concerned, in any appropriate case, loyalty, efficiency, act with patriotism and justice and
and subject to such limitations as may be provided by law, lead modest lives.
to furnish it with copies of documents relating to contracts
or transactions entered into by his office involving the
disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for
appropriate action.

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 Section 3. Office of the Ombudsman. — The Office of the
Ombudsman shall include the Office of the Overall
Deputy, the Office of the Deputy for Luzon, the Office of
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the Deputy for the Visayas, the Office of the Deputy for Section 7. Term of Office. — The Ombudsman and his
Mindanao, the Office of the Deputy for the Armed Forces, Deputies, including the Special Prosecutor, shall serve for a
VIII. LAW ON PUBLIC OFFICERS and the Office of the Special Prosecutor. The President term of seven (7) years without reappointment.
may appoint other Deputies as the necessity for it may
arise, as recommended by the Ombudsman. Section 8. Removal; Filling of Vacancy. —
A. Public Officers; De Facto and De Jure (1) In accordance with the provisions of Article XI of the
Section 4. Appointment. — The Ombudsman and his Constitution, the Ombudsman may be removed from office
B. Civil Service; Scope, Appointments,
Personnel Actions, and Removal Deputies, including the Special Prosecutor, shall be on impeachment for, and conviction of, culpable violation of
appointed by the President from a list of at least twenty- the Constitution, treason, bribery, graft and corruption,
1. Preventive Suspension and Dismissal
from Service one (21) nominees prepared by the Judicial and Bar other high crimes, or betrayal of public trust.

2. Illegal Dismissal, Reinstatement, and

Council, and from a list of three (3) nominees for each
Back Salaries vacancy thereafter, which shall be filled within three (3) (2) A Deputy or the Special Prosecutor, may be removed
months after it occurs, each of which list shall be from office by the President for any of the grounds
C. Accountability of Public Officers;
Ombudsman (1987 CONST., art. XI, secs. 5- published in a newspaper of general circulation. provided for the removal of the Ombudsman, and after due
13; R.A. No. 6770, as amended; R.A. No. process.
6713)
In the organization of the Office of the Ombudsman for
(3) In case of vacancy in the Office of the Ombudsman due
filling up of positions therein, regional, cultural or ethnic
to death, resignation, removal or permanent disability of the
considerations shall be taken into account to the end that
incumbent Ombudsman, the Overall Deputy shall serve as
the Office shall be as much as possible representative of
Acting Ombudsman in a concurrent capacity until a new
the regional, ethnic and cultural make-up of the Filipino
Ombudsman shall have been appointed for a full term.n
nation.
case the Overall Deputy cannot assume the role of Acting
Ombudsman, the President may designate any of the
Section 5. Qualifications. — The Ombudsman and his Deputies, or the Special Prosecutor, as Acting Ombudsman.
Deputies, including the Special Prosecutor, shall be
natural-born citizens of the Philippines, at least forty (40) (4) In case of temporary absence or disability of the
years old, of recognized probity and independence, Ombudsman, the Overall Deputy shall perform the duties of
members of the Philippine Bar, and must not have been the Ombudsman until the Ombudsman returns or is able to
candidates for any elective national or local office in the perform his duties.
immediately preceding election whether regular or
special. The Ombudsman must have, for ten (10) years or Section 9. Prohibitions and Disqualifications. — The
more, been a judge or engaged in the practice of law in Ombudsman, his Deputies and the Special Prosecutor shall
the Philippines. not, during their tenure, hold any other office or
employment. They shall not, during said tenure, directly or
Section 6. Rank and Salary. — The Ombudsman and his indirectly practice any other profession, participate in any
Deputies shall have the same ranks, salaries and business, or be financially interested in any contract with,
privileges as the Chairman and members, respectively, of or in any franchise, or special privilege granted by the
a Constitutional Commission. Their salaries shall not be Government or any subdivision, agency or instrumentality
decreased during their term of office. thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid
The members of the prosecution, investigation and legal conflict of interest in the conduct of their office. They shall
staff of the Office of the Ombudsman shall receive not be qualified to run for any office in the election
salaries which shall not be less than those given to immediately following their cessation from office. They
comparable positions in any office in the Government. shall not be allowed to appear or practice before the
Ombudsman for two (2) years following their cessation from
office.
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Political Law
 No spouse or relative by consanguinity or affinity within the
fourth civil degree and no law, business or professional
partner or associate of the Ombudsman, his Deputies or
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Special Prosecutor within one (1) year preceding the
appointment may appear as counsel or agent on any matter (4) The Office of the Special Prosecutor shall, under the
VIII. LAW ON PUBLIC OFFICERS pending before the Office of the Ombudsman or transact supervision and control and upon the authority of the
business directly or indirectly therewith. Ombudsman, have the following powers:
(a) To conduct preliminary investigation and prosecute
A. Public Officers; De Facto and De Jure This disqualification shall apply during the tenure of the criminal cases within the jurisdiction of the Sandiganbayan;
official concerned. This disqualification likewise extends to (b) To enter into plea bargaining agreements; and
B. Civil Service; Scope, Appointments,
the law, business or professional firm for the same period. (c) To perform such other duties assigned to it by the
Personnel Actions, and Removal
Ombudsman.
1. Preventive Suspension and Dismissal
Section 10. Disclosure of Relationship. — It shall be the The Special Prosecutor shall have the rank and salary of a
from Service
duty of the Ombudsman, his Deputies, including the Deputy Ombudsman.
2. Illegal Dismissal, Reinstatement, and
Special Prosecutor to make under oath, to the best of their (5) The position structure and staffing pattern of the Office of
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the Ombudsman, including the Office of the Special
knowledge and/or information, a public disclosure of the
C. Accountability of Public Officers; Prosecutor, shall be approved and prescribed by the
identities of, and their relationship with the persons
Ombudsman (1987 CONST., art. XI, secs. 5- Ombudsman. The Ombudsman shall appoint all officers and
13; R.A. No. 6770, as amended; R.A. No. referred to in the preceding section.
6713) employees of the Office of the Ombudsman, including those
of the Office of the Special Prosecutor, in accordance with
The disclosure shall be filed with the Office of the the Civil Service Law, rules and regulations.
President and the Office of the Ombudsman before the
appointee assumes office and every year thereafter. The Section 12. Official Stations. — The Ombudsman, the Overall
disclosures made pursuant to this section shall form part Deputy, the Deputy for Luzon, and the Deputy for the Armed
of the public records and shall be available to any person Forces shall hold office in Metropolitan Manila; the Deputy for
or entity upon request. the Visayas, in Cebu City; and the Deputy for Mindanao, in
Davao City. The Ombudsman may transfer their stations within
Section 11. Structural Organization. — The authority and their respective geographical regions, as public interest may
responsibility for the exercise of the mandate of the Office require.
of the Ombudsman and for the discharge of its powers and
functions shall be vested in the Ombudsman, who shall Section 13. Mandate. — The Ombudsman and his Deputies, as
have supervision and control of the said office. protectors of the people, shall act promptly on complaints
filed in any form or manner against officers or employees of
(1) The Office of the Ombudsman may organize such the Government, or of any subdivision, agency or
directorates for administration and allied services as may instrumentality thereof, including government-owned or
be necessary for the effective discharge of its functions. controlled corporations, and enforce their administrative, civil
Those appointed as directors or heads shall have the rank and criminal liability in every case where the evidence
warrants in order to promote efficient service by the
and salary of line bureau directors.
Government to the people.

(2) The Office of the Overall Deputy shall oversee and

Section 14. Restrictions. — No writ of injunction shall be
administer the operations of the different offices under the
issued by any court to delay an investigation being conducted
Office of Ombudsman.t shall likewise perform such other by the Ombudsman under this Act, unless there is a prima
functions and duties assigned to it by the Ombudsman. facie evidence that the subject matter of the investigation is
outside the jurisdiction of the Office of the Ombudsman.
(3) The Office of the Special Prosecutor shall be
composed of the Special Prosecutor and his prosecution No court shall hear any appeal or application for remedy
staff. The Office of the Special Prosecutor shall be an against the decision or findings of the Ombudsman, except
organic component of the Office of the Ombudsman and the Supreme Court, on pure question of law.
shall be under the supervision and control of the
Ombudsman.
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Political Law
 Section 15. Powers, Functions and Duties. — The Office of
the Ombudsman shall have the following powers, functions
and duties:
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(1) Investigate and prosecute on its own or on complaint by (7) Determine the causes of inefficiency, red tape,
any person, any act or omission of any public officer or mismanagement, fraud, and corruption in the Government,
VIII. LAW ON PUBLIC OFFICERS employee, office or agency, when such act or omission and make recommendations for their elimination and the
appears to be illegal, unjust, improper or inefficient.t has observance of high standards of ethics and efficiency;
primary jurisdiction over cases cognizable by the (8) Administer oaths, issue subpoena and subpoena duces
A. Public Officers; De Facto and De Jure Sandiganbayan and, in the exercise of this primary tecum, and take testimony in any investigation or inquiry,
jurisdiction, it may take over, at any stage, from any including the power to examine and have access to bank
B. Civil Service; Scope, Appointments,
Personnel Actions, and Removal investigatory agency of Government, the investigation of accounts and records;
such cases; (9) Punish for contempt in accordance with the Rules of
1. Preventive Suspension and Dismissal
from Service (2) Direct, upon complaint or at its own instance, any Court and under the same procedure and with the same
officer or employee of the Government, or of any penalties provided therein;
2. Illegal Dismissal, Reinstatement, and
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subdivision, agency or instrumentality thereof, as well as (10) Delegate to the Deputies, or its investigators or
any government-owned or controlled corporations with representatives such authority or duty as shall ensure the
C. Accountability of Public Officers;
Ombudsman (1987 CONST., art. XI, secs. 5-
original charter, to perform and expedite any act or duty effective exercise or performance of the powers,
13; R.A. No. 6770, as amended; R.A. No. required by law, or to stop, prevent, and correct any abuse functions, and duties herein or hereinafter provided;
6713)
or impropriety in the performance of duties; (11) Investigate and initiate the proper action for the
(3) Direct the officer concerned to take appropriate action recovery of ill-gotten and/or unexplained wealth amassed
against a public officer or employee at fault or who after February 25, 1986 and the prosecution of the parties
neglect to perform an act or discharge a duty required by involved therein.
law, and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance The Ombudsman shall give priority to complaints filed
therewith; or enforce its disciplinary authority as provided against high ranking government officials and/or those
in Section 21 of this Act: provided, that the refusal by any occupying supervisory positions, complaints involving
officer without just cause to comply with an order of the grave offenses as well as complaints involving large sums
Ombudsman to remove, suspend, demote, fine, censure, or of money and/or properties.
prosecute an officer or employee who is at fault or who
neglects to perform an act or discharge a duty required by Section 16. Applicability. — The provisions of this Act
law shall be a ground for disciplinary action against said shall apply to all kinds of malfeasance, misfeasance, and
officer; non-feasance that have been committed by any officer or
(4) Direct the officer concerned, in any appropriate case, employee as mentioned in Section 13 hereof, during his
and subject to such limitations as it may provide in its rules tenure of office.
of procedure, to furnish it with copies of documents
relating to contracts or transactions entered into by his Section 17. Immunities. — In all hearings, inquiries, and
office involving the disbursement or use of public funds or proceedings of the Ombudsman, including preliminary
properties, and report any irregularity to the Commission investigations of offenses, nor person subpoenaed to
on Audit for appropriate action; testify as a witness shall be excused from attending and
(5) Request any government agency for assistance and testifying or from producing books, papers,
information necessary in the discharge of its correspondence, memoranda and/or other records on the
responsibilities, and to examine, if necessary, pertinent ground that the testimony or evidence, documentary or
records and documents; otherwise, required of him, may tend to incriminate him or
(6) Publicize matters covered by its investigation of the subject him to prosecution: provided, that no person shall
matters mentioned in paragraphs (1), (2), (3) and (4) hereof, be prosecuted criminally for or on account of any matter
when circumstances so warrant and with due prudence: concerning which he is compelled, after having claimed the
provided, that the Ombudsman under its rules and privilege against self-incrimination, to testify and produce
regulations may determine what cases may not be made evidence, documentary or otherwise.
public: provided, further, that any publicity issued by the
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Political Law
 Under such terms and conditions as it may determine,
taking into account the pertinent provisions of the Rules of
Court, the Ombudsman may grant immunity from criminal
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prosecution to any person whose testimony or whose Section 20. Exceptions. — The Office of the Ombudsman
possession and production of documents or other may not conduct the necessary investigation of any
VIII. LAW ON PUBLIC OFFICERS evidence may be necessary to determine the truth in any administrative act or omission complained of if it believes
hearing, inquiry or proceeding being conducted by the that:
Ombudsman or under its authority, in the performance or in (1) The complainant has an adequate remedy in another
A. Public Officers; De Facto and De Jure the furtherance of its constitutional functions and statutory judicial or quasi-judicial body;
objectives. The immunity granted under this and the (2) The complaint pertains to a matter outside the
B. Civil Service; Scope, Appointments,
Personnel Actions, and Removal immediately preceding paragraph shall not exempt the jurisdiction of the Office of the Ombudsman;
witness from criminal prosecution for perjury or false (3) The complaint is trivial, frivolous, vexatious or made in
1. Preventive Suspension and Dismissal
from Service testimony nor shall he be exempt from demotion or bad faith;
removal from office. (4) The complainant has no sufficient personal interest in
2. Illegal Dismissal, Reinstatement, and
Back Salaries the subject matter of the grievance; or
Any refusal to appear or testify pursuant to the foregoing (5) The complaint was filed after one (1) year from the
C. Accountability of Public Officers;
Ombudsman (1987 CONST., art. XI, secs. 5-
provisions shall be subject to punishment for contempt and occurrence of the act or omission complained of.
13; R.A. No. 6770, as amended; R.A. No. removal of the immunity from criminal prosecution.
6713)
Section 21. Official Subject to Disciplinary Authority;
Section 18. Rules of Procedure. — Exceptions. — The Office of the Ombudsman shall have
(1) The Office of the Ombudsman shall promulgate its rules disciplinary authority over all elective and appointive
of procedure for the effective exercise or performance of officials of the Government and its subdivisions,
its powers, functions, and duties. instrumentalities and agencies, including Members of the
(2) The rules of procedure shall include a provision Cabinet, local government, government-owned or
whereby the Rules of Court are made suppletory. controlled corporations and their subsidiaries, except over
(3) The rules shall take effect after fifteen (15) days officials who may be removed only by impeachment or over
following the completion of their publication in the Official Members of Congress, and the Judiciary.
Gazette or in three (3) newspapers of general circulation in
the Philippines, one of which is printed in the national Section 22. Investigatory Power. — The Office of the
language. Ombudsman shall have the power to investigate any
serious misconduct in office allegedly committed by
Section 19. Administrative Complaints. — The Ombudsman officials removable by impeachment, for the purpose of
shall act on all complaints relating, but not limited to acts filing a verified complaint for impeachment, if warranted.
or omissions which: In all cases of conspiracy between an officer or employee
(1) Are contrary to law or regulation; of the government and a private person, the Ombudsman
(2) Are unreasonable, unfair, oppressive or discriminatory; and his Deputies shall have jurisdiction to include such
(3) Are inconsistent with the general course of an agency's private person in the investigation and proceed against
functions, though in accordance with law; such private person as the evidence may warrant. The
(4) Proceed from a mistake of law or an arbitrary officer or employee and the private person shall be tried
ascertainment of facts; jointly and shall be subject to the same penalties and
(5) Are in the exercise of discretionary powers but for an liabilities.
improper purpose; or
(6) Are otherwise irregular, immoral or devoid of Section 23. Formal Investigation. —
justification. (1) Administrative investigations conducted by the Office of
the Ombudsman shall be in accordance with its rules of
procedure and consistent with due process.

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Political Law
 (2) At its option, the Office of the Ombudsman may refer
certain complaints to the proper disciplinary authority for
the institution of appropriate administrative proceedings
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against erring public officers or employees, which shall be Section 26. Inquiries. —
determined within the period prescribed in the civil service (1) The Office of the Ombudsman shall inquire into acts or
VIII. LAW ON PUBLIC OFFICERS law. Any delay without just cause in acting on any referral omissions of a public officer, employee, office or agency
made by the Office of the Ombudsman shall be a ground which, from the reports or complaints it has received, the
for administrative action against the officers or employees Ombudsman or his Deputies consider to be:
A. Public Officers; De Facto and De Jure to whom such referrals are addressed and shall constitute (a) contrary to law or regulation;
a graft offense punishable by a fine of not exceeding Five (b) unreasonable, unfair, oppressive, irregular or inconsistent
B. Civil Service; Scope, Appointments,
Personnel Actions, and Removal thousand pesos (P5,000.00). with the general course of the operations and functions of a
(3) In any investigation under this Act the Ombudsman may: public officer, employee, office or agency;
1. Preventive Suspension and Dismissal
(a) enter and inspect the premises of any office, agency, (c) an error in the application or interpretation of law, rules or
from Service
commission or tribunal; (b) examine and have access to regulations, or a gross or palpable error in the appreciation of
2. Illegal Dismissal, Reinstatement, and
any book, record, file, document or paper; and (c) hold facts;
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private hearings with both the complaining individual and (d) based on improper motives or corrupt considerations;
C. Accountability of Public Officers;
the official concerned. (e) unclear or inadequately explained when reasons should
Ombudsman (1987 CONST., art. XI, secs. 5-
have been revealed; or
13; R.A. No. 6770, as amended; R.A. No.
6713) (f) inefficient performed or otherwise objectionable.
Section 24. Preventives Suspension. — The Ombudsman
or his Deputy may preventively suspend any officer or
(2) The Officer of the Ombudsman shall receive complaints
employee under his authority pending an investigation, if in
from any source in whatever form concerning an official act or
his judgment the evidence of guilt is strong, and (a) the
omission.t shall act on the complaint immediately and if it
charge against such officer or employee involves finds the same entirely baseless, it shall dismiss the same
dishonesty, oppression or grave misconduct or neglect in and inform the complainant of such dismissal citing the
the performance of duty; (b) the charges would warrant reasons therefor.f it finds a reasonable ground to investigate
removal from the service; or (c) the respondent's continued further, it shall first furnish the respondent public officer or
stay in office may prejudice the case filed against him. employee with a summary of the complaint and require him to
The preventive suspension shall continue until the case is submit a written answer within seventy-two (72) hours from
terminated by the Office of the Ombudsman but not more receipt thereof.f the answer is found satisfactory, it shall
than six (6) months, without pay, except when the delay in dismiss the case.
the disposition of the case by the Office of the
Ombudsman is due to the fault, negligence or petition of (3) When the complaint consists in delay or refusal to perform
the respondent, in which case the period of such delay a duty required by law, or when urgent action is necessary to
shall not be counted in computing the period of suspension protect or preserve the rights of the complainant, the Office
herein provided. of the Ombudsman shall take steps or measures and issue
such orders directing the officer, employee, office or agency
Section 25. Penalties. — concerned to:
(1) In administrative proceedings under Presidential Decree (a) expedite the performance of duty;
(b) cease or desist from the performance of a prejudicial act;
No. 807, the penalties and rules provided therein shall be
(c) correct the omission;
applied.
(d) explain fully the administrative act in question; or
(2) In other administrative proceedings, the penalty ranging
(e) take any other steps as may be necessary under the
from suspension without pay for one (1) year to dismissal
circumstances to protect and preserve the rights of the
with forfeiture of benefits or a fine ranging from Five
complainant.
thousand pesos (P5,000.00) to twice the amount
malversed, illegally taken or lost, or both at the discretion (4) Any delay or refusal to comply with the referral or
of the Ombudsman, taking into consideration directive of the Ombudsman or any of his Deputies, shall
circumstances that mitigate or aggravate the liability of the constitute a ground for administrative disciplinary action
officer or employee found guilty of the complaint or against the officer or employee to whom it was addressed.
charges.
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Political Law
 Section 27. Effectivity and Finality of Decisions. — (1) All
provisionary orders of the Office of the Ombudsman are
immediately effective and executory.
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Within three (3) days after concluding the investigation, the
A motion for reconsideration of any order, directive or deputy or investigator shall transmit, together with the
VIII. LAW ON PUBLIC OFFICERS decision of the Office of the Ombudsman must be filed entire records of the case, his report and conclusions to the
within five (5) days after receipt of written notice and shall Office of the Ombudsman. Within five (5) days after receipt
be entertained only on any of the following grounds: of said report, the Ombudsman shall render the appropriate
A. Public Officers; De Facto and De Jure (1) New evidence has been discovered which materially order, directive or decision.
affects the order, directive or decision;
B. Civil Service; Scope, Appointments,
Personnel Actions, and Removal (2) Errors of law or irregularities have been committed Section 29. Change of Unjust Laws. — If the Ombudsman
prejudicial to the interest of the movant. The motion for believes that a law or regulation is unfair or unjust, he shall
1. Preventive Suspension and Dismissal
from Service reconsideration shall be resolved within three (3) days recommend to the President and to Congress the necessary
from filing: provided, that only one motion for changes therein or the repeal thereof.
2. Illegal Dismissal, Reinstatement, and
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reconsideration shall be entertained.
Section 30. Transmittal/Publication of Decision. — In every
C. Accountability of Public Officers;
Ombudsman (1987 CONST., art. XI, secs. 5-
Findings of fact by the Officer of the Ombudsman when case where the Ombudsman has reached a decision,
13; R.A. No. 6770, as amended; R.A. No. supported by substantial evidence are conclusive. Any conclusion or recommendation adverse to a public official
6713)
order, directive or decision imposing the penalty of public or agency, he shall transmit his decision, conclusion,
censure or reprimand, suspension of not more than one (1) recommendation or suggestion to the head of the
month's salary shall be final and unappealable. department, agency or instrumentality, or of the province,
city or municipality concerned for such immediate action as
In all administrative disciplinary cases, orders, directives, may be necessary. When transmitting his adverse decision,
or decisions of the Office of the Ombudsman may be conclusion or recommendation, he shall, unless excused by
appealed to the Supreme Court by filing a petition for the agency or official affected, include the substance of any
certiorari within ten (10) days from receipt of the written statement the public agency or official may have made to
notice of the order, directive or decision or denial of the him by way of explaining past difficulties with or present
motion for reconsideration in accordance with Rule 45 of rejection of the Ombudsman's proposals.
the Rules of Court.
Section 31. Designation of Investigators and Prosecutors.
The above rules may be amended or modified by the Office — The Ombudsman may utilize the personnel of his office
of the Ombudsman as the interest of justice may require. and/or designate or deputize any fiscal, state prosecutor or
lawyer in the government service to act as special
investigator or prosecutor to assist in the investigation and
Section 28. Investigation in Municipalities, Cities and
prosecution of certain cases. Those designated or
Provinces. — The Office of the Ombudsman may establish
deputized to assist him herein provided shall be under his
offices in municipalities, cities and provinces outside
supervision and control.
Metropolitan Manila, under the immediate supervision of
the Deputies for Luzon, Visayas and Mindanao, where
The Ombudsman and his investigators and prosecutors,
necessary as determined by the Ombudsman. The
whether regular members of his staff or designated by him
investigation of complaints may be assigned to the
as herein provided, shall have authority to administer oaths,
regional or sectoral deputy concerned or to a special
to issue subpoena and subpoena duces tecum, to summon
investigator who shall proceed in accordance with the
and compel witnesses to appear and testify under oath
rules or special instructions or directives of the Office of
before them and/or bring books, documents and other
the Ombudsman. Pending investigation the deputy or things under their control, and to secure the attendance or
investigator may issue orders and provisional remedies presence of any absent or recalcitrant witness through
which are immediately executory subject to review by the application before the Sandiganbayan or before any inferior
Ombudsman. or superior court having jurisdiction of the place where the
witness or evidence is found.

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 Section 32. Rights and Duties of Witness. —
(1) A person required by the Ombudsman to provide the
information shall be paid the same fees and travel
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allowances as are extended to witnesses whose Section 36. Penalties for Obstruction. — Any person who
attendance has been required in the trial courts. Upon willfully obstructs or hinders the proper exercise of the
VIII. LAW ON PUBLIC OFFICERS request of the witness, the Ombudsman shall also furnish functions of the Office of the Ombudsman or who willfully
him such security for his person and his family as may be misleads or attempts to mislead the Ombudsman, his
warranted by the circumstances. For this purpose, the Deputies and the Special Prosecutor in replying to their
A. Public Officers; De Facto and De Jure Ombudsman may, at its expense, call upon any police or inquiries shall be punished by a fine of not exceeding Five
B. Civil Service; Scope, Appointments,
constabulary unit to provide the said security. thousand pesos (P5,000.00).
Personnel Actions, and Removal (2) A person who, with or without service or compulsory
1. Preventive Suspension and Dismissal
process, provides oral or documentary information Section 37. Franking Privilege. — All official mail matters
from Service requested by the Ombudsman shall be accorded the and telegrams of the Ombudsman addressed for delivery
2. Illegal Dismissal, Reinstatement, and
same privileges and immunities as are extended to within the Philippines shall be received, transmitted, and
Back Salaries witnesses in the courts, and shall likewise be entitled to delivered free of charge: provided, that such mail matters
C. Accountability of Public Officers;
the assistance of counsel while being questioned. when addressed to private persons or nongovernment
Ombudsman (1987 CONST., art. XI, secs. 5- (3) If a person refuses to respond to the Ombudsman's or offices shall not exceed one hundred and twenty (120)
13; R.A. No. 6770, as amended; R.A. No.
6713)
his Deputy's subpoena, or refuses to be examined, or grams. All mail matters and telegrams sent through
engages in obstructive conduct, the Ombudsman or his government telegraph facilities containing complaints to
Deputy shall issue an order directing the person to the Office of the Ombudsman shall be transmitted free of
appear before him to show cause why he should not be charge, provided that the telegram shall contain not more
punished for contempt. The contempt proceedings shall than one hundred fifty (150) words.
be conducted pursuant to the provisions of the Rules of
Court. Section 38. Fiscal Autonomy. — The Office of the
Ombudsman shall enjoy fiscal autonomy. Appropriations
Section 33. Duty to Render Assistance to the Office of for the Office of the Ombudsman may not be reduced
the Ombudsman. — Any officer or employee of any below the amount appropriated for the previous years
department, bureau or office, subdivision, agency or and, after approval, shall be automatically and regularly
instrumentality of the Government, including government- released.
owned or controlled corporations and local governments,
when required by the Ombudsman, his Deputy or the Section 39. Appropriations. — The appropriation for the
Special Prosecutor shall render assistance to the Office Office of the Special Prosecutor in the current General
of the Ombudsman. Appropriations Act is hereby transferred to the Office of
the Ombudsman. Thereafter, such sums as may be
Section 34. Annual Report. — The Office of the necessary shall be included in the annual General
Ombudsman shall render an annual report of its activities Appropriations Act.
and performance to the President and to Congress to be
submitted within thirty (30) days from the start of the Section 40. Separability Clause. — If any provision of
regular session of Congress. this Act is held unconstitutional, other provisions not
affected thereby shall remain valid and binding.
Section 35. Malicious Prosecution. — Any person who,
actuated by malice or gross bad faith, files a completely Section 41. Repealing Clause. — All laws, presidential
unwarranted or false complaint against any government decrees, letters of instructions, executive orders, rules
official or employee shall be subject to a penalty of one and regulations insofar as they are inconsistent with this
(1) month and one (1) day to six (6) months imprisonment Act, are hereby repealed or amended as the case may be.
and a fine not exceeding Five thousand pesos
(P5,000.00).

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Political Law
 Republic Act No. 6713
AN ACT ESTABLISHING A CODE OF CONDUCT AND
ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
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EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE (d) "Receiving any gift" includes the act of accepting
OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING directly or indirectly, a gift from a person other than a
VIII. LAW ON PUBLIC OFFICERS INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, member of his family or relative as defined in this Act,
ENUMERATING PROHIBITED ACTS AND TRANSACTIONS even on the occasion of a family celebration or national
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF festivity like Christmas, if the value of the gift is neither
A. Public Officers; De Facto and De Jure AND FOR OTHER PURPOSES nominal nor insignificant, or the gift is given in
B. Civil Service; Scope, Appointments, anticipation of, or in exchange for, a favor.
Personnel Actions, and Removal Be it enacted by the Senate and House of (e) "Loan" covers both simple loan and commodatum as
1. Preventive Suspension and Dismissal
Representatives of the Philippines in Congress well as guarantees, financing arrangements or
from Service assembled: accommodations intended to ensure its approval.
2. Illegal Dismissal, Reinstatement, and (f) "Substantial stockholder" means any person who owns,
Back Salaries Section 1. Title. - This Act shall be known as the "Code of directly or indirectly, shares of stock sufficient to elect a
C. Accountability of Public Officers;
Conduct and Ethical Standards for Public Officials and director of a corporation. This term shall also apply to the
Ombudsman (1987 CONST., art. XI, secs. 5- Employees." parties to a voting trust.
13; R.A. No. 6770, as amended; R.A. No.
6713) (g) "Family of public officials or employees" means their
Section 2. Declaration of Policies. - It is the policy of the spouses and unmarried children under eighteen (18) years
State to promote a high standard of ethics in public of age.
service. Public officials and employees shall at all times (h) "Person" includes natural and juridical persons unless
be accountable to the people and shall discharge their the context indicates otherwise.
duties with utmost responsibility, integrity, competence, (i) "Conflict of interest" arises when a public official or
and loyalty, act with patriotism and justice, lead modest employee is a member of a board, an officer, or a
lives, and uphold public interest over personal interest. substantial stockholder of a private corporation or owner
or has a substantial interest in a business, and the
Section 3. Definition of Terms. - As used in this Act, the interest of such corporation or business, or his rights or
term: duties therein, may be opposed to or affected by the
(a) "Government" includes the National Government, the faithful performance of official duty.
local governments, and all other instrumentalities, (j) "Divestment" is the transfer of title or disposal of
agencies or branches of the Republic of the Philippines interest in property by voluntarily, completely and
including government-owned or controlled corporations, actually depriving or dispossessing oneself of his right or
and their subsidiaries. title to it in favor of a person or persons other than his
(b) "Public Officials" includes elective and appointive spouse and relatives as defined in this Act.
officials and employees, permanent or temporary, (k) "Relatives" refers to any and all persons related to a
whether in the career or non-career service, including public official or employee within the fourth civil degree
military and police personnel, whether or not they receive of consanguinity or affinity, including bilas, inso and
compensation, regardless of amount. balae.
(c) "Gift" refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of another Section 4. Norms of Conduct of Public Officials and
who accepts it, and shall include a simulated sale or an Employees. - (A) Every public official and employee shall
ostensibly onerous disposition thereof. It shall not observe the following as standards of personal conduct
include an unsolicited gift of nominal or insignificant value in the discharge and execution of official duties:
not given in anticipation of, or in exchange for, a favor
from a public official or employee.

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Political Law
 (a) Commitment to public interest. - Public officials and
employees shall always uphold the public interest over
and above personal interest. All government resources
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and powers of their respective offices must be employed (f) Nationalism and patriotism. - Public officials and
and used efficiently, effectively, honestly and employees shall at all times be loyal to the Republic and
VIII. LAW ON PUBLIC OFFICERS economically, particularly to avoid wastage in public to the Filipino people, promote the use of locally
funds and revenues. produced goods, resources and technology and
(b) Professionalism. - Public officials and employees shall encourage appreciation and pride of country and people.
A. Public Officers; De Facto and De Jure perform and discharge their duties with the highest They shall endeavor to maintain and defend Philippine
B. Civil Service; Scope, Appointments,
degree of excellence, professionalism, intelligence and sovereignty against foreign intrusion.
Personnel Actions, and Removal skill. They shall enter public service with utmost devotion (g) Commitment to democracy. - Public officials and
1. Preventive Suspension and Dismissal
and dedication to duty. They shall endeavor to discourage employees shall commit themselves to the democratic
from Service wrong perceptions of their roles as dispensers or way of life and values, maintain the principle of public
2. Illegal Dismissal, Reinstatement, and
peddlers of undue patronage. accountability, and manifest by deeds the supremacy of
Back Salaries (c) Justness and sincerity. - Public officials and civilian authority over the military. They shall at all times
C. Accountability of Public Officers;
employees shall remain true to the people at all times. uphold the Constitution and put loyalty to country above
Ombudsman (1987 CONST., art. XI, secs. 5- They must act with justness and sincerity and shall not loyalty to persons or party.
13; R.A. No. 6770, as amended; R.A. No.
6713)
discriminate against anyone, especially the poor and the (h) Simple living. - Public officials and employees and
underprivileged. They shall at all times respect the rights their families shall lead modest lives appropriate to their
of others, and shall refrain from doing acts contrary to positions and income. They shall not indulge in
law, good morals, good customs, public policy, public extravagant or ostentatious display of wealth in any form.
order, public safety and public interest. They shall not
dispense or extend undue favors on account of their (B) The Civil Service Commission shall adopt positive
office to their relatives whether by consanguinity or measures to promote (1) observance of these standards
affinity except with respect to appointments of such including the dissemination of information programs and
relatives to positions considered strictly confidential or workshops authorizing merit increases beyond regular
as members of their personal staff whose terms are progression steps, to a limited number of employees
coterminous with theirs. recognized by their office colleagues to be outstanding in
(d) Political neutrality. - Public officials and employees their observance of ethical standards; and (2) continuing
shall provide service to everyone without unfair research and experimentation on measures which provide
discrimination and regardless of party affiliation or positive motivation to public officials and employees in
preference. raising the general level of observance of these
(e) Responsiveness to the public. - Public officials and standards.
employees shall extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or Section 5. Duties of Public Officials and Employees. - In
when required by the public interest, public officials and the performance of their duties, all public officials and
employees shall provide information of their policies and employees are under obligation to:
procedures in clear and understandable language, ensure
openness of information, public consultations and (a) Act promptly on letters and requests. - All public
hearings whenever appropriate, encourage suggestions, officials and employees shall, within fifteen (15) working
simplify and systematize policy, rules and procedures, days from receipt thereof, respond to letters, telegrams
avoid red tape and develop an understanding and or other means of communications sent by the public. The
appreciation of the socio-economic conditions prevailing reply must contain the action taken on the request.
in the country, especially in the depressed rural and
urban areas.

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Political Law
 (b) Submit annual performance reports. - All heads or
other responsible officers of offices and agencies of the
government and of government-owned or controlled
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corporations shall, within forty-five (45) working days The conferment of awards shall take into account, among
from the end of the year, render a performance report of other things, the following: the years of service and the
VIII. LAW ON PUBLIC OFFICERS the agency or office or corporation concerned. Such quality and consistency of performance, the obscurity of
report shall be open and available to the public within the position, the level of salary, the unique and exemplary
regular office hours. quality of a certain achievement, and the risks or
A. Public Officers; De Facto and De Jure (c) Process documents and papers expeditiously. - All temptations inherent in the work. Incentives and rewards
B. Civil Service; Scope, Appointments,
official papers and documents must be processed and to government officials and employees of the year to be
Personnel Actions, and Removal completed within a reasonable time from the preparation announced in public ceremonies honoring them may take
1. Preventive Suspension and Dismissal
thereof and must contain, as far as practicable, not more the form of bonuses, citations, directorships in
from Service than three (3) signatories therein. In the absence of duly government-owned or controlled corporations, local and
2. Illegal Dismissal, Reinstatement, and
authorized signatories, the official next-in-rank or officer foreign scholarship grants, paid vacations and the like.
Back Salaries in charge shall sign for and in their behalf. They shall likewise be automatically promoted to the next
C. Accountability of Public Officers;
(d) Act immediately on the public's personal transactions. higher position with the commensurate salary suitable to
Ombudsman (1987 CONST., art. XI, secs. 5- - All public officials and employees must attend to their qualifications. In case there is no next higher
13; R.A. No. 6770, as amended; R.A. No.
6713)
anyone who wants to avail himself of the services of their position or it is not vacant, said position shall be included
offices and must, at all times, act promptly and in the budget of the office in the next General
expeditiously. Appropriations Act. The Committee on Awards shall adopt
(e) Make documents accessible to the public. - All public its own rules to govern the conduct of its activities.
documents must be made accessible to, and readily
available for inspection by, the public within reasonable Section 7. Prohibited Acts and Transactions. - In addition
working hours. to acts and omissions of public officials and employees
now prescribed in the Constitution and existing laws, the
Section 6. System of Incentives and Rewards. - A system following shall constitute prohibited acts and
of annual incentives and rewards is hereby established in transactions of any public official and employee and are
order to motivate and inspire public servants to uphold hereby declared to be unlawful:
the highest standards of ethics. For this purpose, a (a) Financial and material interest. - Public officials and
Committee on Awards to Outstanding Public Officials and employees shall not, directly or indirectly, have any
Employees is hereby created composed of the following: financial or material interest in any transaction requiring
the Ombudsman and Chairman of the Civil Service the approval of their office.
Commission as Co-Chairmen, and the Chairman of the (b) Outside employment and other activities related
Commission on Audit, and two government employees to thereto. - Public officials and employees during their
be appointed by the President, as members. incumbency shall not:
(1) Own, control, manage or accept employment as
It shall be the task of this Committee to conduct a officer, employee, consultant, counsel, broker, agent,
periodic, continuing review of the performance of public trustee or nominee in any private enterprise regulated,
officials and employees, in all the branches and agencies supervised or licensed by their office unless expressly
of Government and establish a system of annual allowed by law;
incentives and rewards to the end that due recognition is (2) Engage in the private practice of their profession
given to public officials and employees of outstanding unless authorized by the Constitution or law, provided,
merit on the basis of the standards set forth in this Act. that such practice will not conflict or tend to conflict with
their official functions; or
(3) Recommend any person to any position in a private
enterprise which has a regular or pending official
transaction with their office.

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 These prohibitions shall continue to apply for a period of
one (1) year after resignation, retirement, or separation
from public office, except in the case of subparagraph (b)
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(2) above, but the professional concerned cannot Section 8. Statements and Disclosure. - Public officials
practice his profession in connection with any matter and employees have an obligation to accomplish and
VIII. LAW ON PUBLIC OFFICERS before the office he used to be with, in which case the submit declarations under oath of, and the public has the
one-year prohibition shall likewise apply. right to know, their assets, liabilities, net worth and
(c) Disclosure and/or misuse of confidential information. - financial and business interests including those of their
A. Public Officers; De Facto and De Jure Public officials and employees shall not use or divulge, spouses and of unmarried children under eighteen (18)
B. Civil Service; Scope, Appointments,
confidential or classified information officially known to years of age living in their households.
Personnel Actions, and Removal them by reason of their office and not made available to
1. Preventive Suspension and Dismissal
the public, either: (A) Statements of Assets and Liabilities and Financial
from Service (1) To further their private interests, or give undue Disclosure. - All public officials and employees, except
2. Illegal Dismissal, Reinstatement, and
advantage to anyone; or those who serve in an honorary capacity, laborers and
Back Salaries (2) To prejudice the public interest. casual or temporary workers, shall file under oath their
C. Accountability of Public Officers;
(d) Solicitation or acceptance of gifts. - Public officials Statement of Assets, Liabilities and Net Worth and a
Ombudsman (1987 CONST., art. XI, secs. 5- and employees shall not solicit or accept, directly or Disclosure of Business Interests and Financial
13; R.A. No. 6770, as amended; R.A. No.
6713)
indirectly, any gift, gratuity, favor, entertainment, loan or Connections and those of their spouses and unmarried
anything of monetary value from any person in the course children under eighteen (18) years of age living in their
of their official duties or in connection with any operation households.
being regulated by, or any transaction which may be
affected by the functions of their office. The two documents shall contain information on the
following:
As to gifts or grants from foreign governments, the (a) real property, its improvements, acquisition costs,
Congress consents to: assessed value and current fair market value;
(i) The acceptance and retention by a public official or (b) personal property and acquisition cost;
employee of a gift of nominal value tendered and (c) all other assets such as investments, cash on hand or
received as a souvenir or mark of courtesy; in banks, stocks, bonds, and the like;
(ii) The acceptance by a public official or employee of a (d) liabilities, and;
gift in the nature of a scholarship or fellowship grant or (e) all business interests and financial connections.
medical treatment; or The documents must be filed:
(iii) The acceptance by a public official or employee of (a) within thirty (30) days after assumption of office;
travel grants or expenses for travel taking place entirely (b) on or before April 30, of every year thereafter; and
outside the Philippine (such as allowances, (c) within thirty (30) days after separation from the
transportation, food, and lodging) of more than nominal service.
value if such acceptance is appropriate or consistent with
the interests of the Philippines, and permitted by the All public officials and employees required under this
head of office, branch or agency to which he belongs. section to file the aforestated documents shall also
execute, within thirty (30) days from the date of their
The Ombudsman shall prescribe such regulations as may assumption of office, the necessary authority in favor of
be necessary to carry out the purpose of this subsection, the Ombudsman to obtain from all appropriate
including pertinent reporting and disclosure requirements. government agencies, including the Bureau of Internal
Nothing in this Act shall be construed to restrict or Revenue, such documents as may show their assets,
prohibit any educational, scientific or cultural exchange liabilities, net worth, and also their business interests and
programs subject to national security requirements. financial connections in previous years, including, if
possible, the year when they first assumed any office in
the Government.

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Political Law
 Husband and wife who are both public officials or
employees may file the required statements jointly or
separately.
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(D) Prohibited acts. - It shall be unlawful for any person to
The Statements of Assets, Liabilities and Net Worth and obtain or use any statement filed under this Act for:
VIII. LAW ON PUBLIC OFFICERS the Disclosure of Business Interests and Financial (a) any purpose contrary to morals or public policy; or
Connections shall be filed by: (b) any commercial purpose other than by news and
(1) Constitutional and national elective officials, with the communications media for dissemination to the general
A. Public Officers; De Facto and De Jure national office of the Ombudsman; public.
B. Civil Service; Scope, Appointments,
(2) Senators and Congressmen, with the Secretaries of
Personnel Actions, and Removal the Senate and the House of Representatives, Section 9. Divestment. - A public official or employee
1. Preventive Suspension and Dismissal
respectively; Justices, with the Clerk of Court of the shall avoid conflicts of interest at all times. When a
from Service Supreme Court; Judges, with the Court Administrator; and conflict of interest arises, he shall resign from his
2. Illegal Dismissal, Reinstatement, and
all national executive officials with the Office of the position in any private business enterprise within thirty
Back Salaries President. (30) days from his assumption of office and/or divest
C. Accountability of Public Officers;
(3) Regional and local officials and employees, with the himself of his shareholdings or interest within sixty (60)
Ombudsman (1987 CONST., art. XI, secs. 5- Deputy Ombudsman in their respective regions; days from such assumption.
13; R.A. No. 6770, as amended; R.A. No.
6713)
(4) Officers of the armed forces from the rank of colonel
or naval captain, with the Office of the President, and The same rule shall apply where the public official or
those below said ranks, with the Deputy Ombudsman in employee is a partner in a partnership.
their respective regions; and
(5) All other public officials and employees, defined in The requirement of divestment shall not apply to those
Republic Act No. 3019, as amended, with the Civil Service who serve the Government in an honorary capacity nor to
Commission. laborers and casual or temporary workers.

(B) Identification and disclosure of relatives. - It shall be Section 10. Review and Compliance Procedure. - (a) The
the duty of every public official or employee to identify designated Committees of both Houses of the Congress
and disclose, to the best of his knowledge and shall establish procedures for the review of statements
information, his relatives in the Government in the form, to determine whether said statements which have been
manner and frequency prescribed by the Civil Service submitted on time, are complete, and are in proper form.
Commission. In the event a determination is made that a statement is
not so filed, the appropriate Committee shall so inform
(C) Accessibility of documents. - (1) Any and all the reporting individual and direct him to take the
statements filed under this Act, shall be made available necessary corrective action.
for inspection at reasonable hours. (b) In order to carry out their responsibilities under this
(2) Such statements shall be made available for copying Act, the designated Committees of both Houses of
or reproduction after ten (10) working days from the time Congress shall have the power within their respective
they are filed as required by law. jurisdictions, to render any opinion interpreting this Act, in
(3) Any person requesting a copy of a statement shall be writing, to persons covered by this Act, subject in each
required to pay a reasonable fee to cover the cost of instance to the approval by affirmative vote of the
reproduction and mailing of such statement, as well as majority of the particular House concerned.
the cost of certification.
(4) Any statement filed under this Act shall be available to The individual to whom an opinion is rendered, and any
the public for a period of ten (10) years after receipt of other individual involved in a similar factual situation, and
the statement. After such period, the statement may be who, after issuance of the opinion acts in good faith in
destroyed unless needed in an ongoing investigation. accordance with it shall not be subject to any sanction
provided in this Act.

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 (c) The heads of other offices shall perform the duties
stated in subsections (a) and (b) hereof insofar as their
respective offices are concerned, subject to the approval
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of the Secretary of Justice, in the case of the Executive Nothing in this provision shall be construed as a
Department and the Chief Justice of the Supreme Court, in deprivation of the right of each House of Congress to
VIII. LAW ON PUBLIC OFFICERS the case of the Judicial Department. discipline its Members for disorderly behavior.

Section 11. Penalties. - (a) Any public official or employee,

The Civil Service Commission is hereby authorized to
A. Public Officers; De Facto and De Jure regardless of whether or not he holds office or
promulgate rules and regulations necessary to carry out
employment in a casual, temporary, holdover, permanent
B. Civil Service; Scope, Appointments, the provisions of this Act, including guidelines for
Personnel Actions, and Removal or regular capacity, committing any violation of this Act
individuals who render free voluntary service to the
shall be punished with a fine not exceeding the equivalent
1. Preventive Suspension and Dismissal Government. The Ombudsman shall likewise take steps to
from Service of six (6) months' salary or suspension not exceeding one
protect citizens who denounce acts or omissions of
(1) year, or removal depending on the gravity of the offense
2. Illegal Dismissal, Reinstatement, and public officials and employees which are in violation of
Back Salaries
after due notice and hearing by the appropriate body or
this Act.
agency. If the violation is punishable by a heavier penalty
C. Accountability of Public Officers;
Ombudsman (1987 CONST., art. XI, secs. 5-
under another law, he shall be prosecuted under the latter
statute. Violations of Sections 7, 8 or 9 of this Act shall be
Section 13. Provisions for More Stringent Standards. -
13; R.A. No. 6770, as amended; R.A. No.
6713)
punishable with imprisonment not exceeding five (5) years, Nothing in this Act shall be construed to derogate from
or a fine not exceeding five thousand pesos (P5,000), or any law, or any regulation prescribed by any body or
both, and, in the discretion of the court of competent agency, which provides for more stringent standards for
jurisdiction, disqualification to hold public office. its official and employees.
(b) Any violation hereof proven in a proper administrative
proceeding shall be sufficient cause for removal or Section 14. Appropriations. - The sum necessary for the
dismissal of a public official or employee, even if no effective implementation of this Act shall be taken from
criminal prosecution is instituted against him. the appropriations of the Civil Service Commission.
(c) Private individuals who participate in conspiracy as co- Thereafter, such sum as may be needed for its continued
principals, accomplices or accessories, with public implementation shall be included in the annual General
officials or employees, in violation of this Act, shall be Appropriations Act.
subject to the same penal liabilities as the public officials
or employees and shall be tried jointly with them. Section 15. Separability Clause. - If any provision of this
(d) The official or employee concerned may bring an action Act or the application of such provision to any person or
against any person who obtains or uses a report for any circumstance is declared invalid, the remainder of the Act
purpose prohibited by Section 8 (D) of this Act. The Court or the application of such provision to other persons or
in which such action is brought may assess against such circumstances shall not be affected by such declaration.
person a penalty in any amount not to exceed twenty-five
thousand pesos (P25,000). If another sanction hereunder Section 16. Repealing Clause. - All laws, decrees and
or under any other law is heavier, the latter shall apply. orders or parts thereof inconsistent herewith, are deemed
repealed or modified accordingly, unless the same
Section 12. Promulgation of Rules and Regulations, provide for a heavier penalty.
Administration and Enforcement of this Act. - The Civil
Service Commission shall have the primary responsibility Section 17. Effectivity. - This Act shall take effect after
for the administration and enforcement of this Act. It shall thirty (30) days following the completion of its publication
transmit all cases for prosecution arising from violations of in the Official Gazette or in two (2) national newspapers
this Act to the proper authorities for appropriate action: of general circulation.
Provided, however, That it may institute such administrative
actions and disciplinary measures as may be warranted in
accordance with law.

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Political Law
 EXECUTIVE ORDER NO. 292
INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"
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BOOK IV (2) contracts entered into by the agency in the pursuit of
Chapter 7 its objectives, the review of which and other procedures
IX. ADMINISTRATIVE LAW ADMINISTRATIVE RELATIONSHIP related thereto shall be governed by appropriate laws,
rules and regulations; and
Section 38. Definition of Administrative Relationship. -
(3) the power to review, reverse, revise, or modify the
A. General Principles Unless otherwise expressly stated in the Code or in other
decisions of regulatory agencies in the exercise of their
laws defining the special relationships of particular
B. Administrative Agencies; Definition, regulatory or quasi-judicial functions; and
Types, and Manner of Creation agencies, administrative relationships shall be categorized
(c) Unless a different meaning is explicitly provided in the
and defined as follows:
C. Powers of Administrative Agencies specific law governing the relationship of particular
(1) Supervision and Control. - Supervision and control shall
agencies, the word "supervision" shall encompass
D. Primary Administrative Jurisdiction include authority to act directly whenever a specific
administrative supervision as defined in this paragraph.
E. Exhaustion of Administrative Remedies
function is entrusted by law or regulation to a subordinate;
(3) Attachment. - (a) This refers to the lateral relationship
direct the performance of duty; restrain the commission of
between the department or its equivalent and the
acts; review, approve, reverse or modify acts and
decisions of subordinate officials or units; determine
attached agency or corporation for purposes of policy
priorities in the execution of plans and programs; and and program coordination. The coordination may be
prescribe standards, guidelines, plans and programs. accomplished by having the department represented in
Unless a different meaning is explicitly provided in the the governing board of the attached agency or
specific law governing the relationship of particular corporation, either as chairman or as a member, with or
agencies, the word "control" shall encompass supervision without voting rights, if this is permitted by the charter;
and control as defined in this paragraph. having the attached corporation or agency comply with a
(2) Administrative Supervision. - (a) Administrative system of periodic reporting which shall reflect the
supervision which shall govern the administrative progress of programs and projects; and having the
relationship between a department or its equivalent and department or its equivalent provide general policies
regulatory agencies or other agencies as may be provided through its representative in the board, which shall serve
by law, shall be limited to the authority of the department as the framework for the internal policies of the attached
or its equivalent to generally oversee the operations of corporation or agency;
such agencies and to insure that they are managed (b) Matters of day-to-day administration or all those
effectively, efficiently and economically but without pertaining to internal operations shall be left to the
interference with day-to-day activities; or require the discretion or judgment of the executive officer of the
submission of reports and cause the conduct of agency or corporation. In the event that the Secretary and
management audit, performance evaluation and inspection the head of the board or the attached agency or
to determine compliance with policies, standards and corporation strongly disagree on the interpretation and
guidelines of the department; to take such action as may application of policies, and the Secretary is unable to
be necessary for the proper performance of official resolve the disagreement, he shall bring the matter to the
functions, including rectification of violations, abuses and President for resolution and direction;
other forms of maladministration; and to review and pass (c) Government-owned or controlled corporations
upon budget proposals of such agencies but may not attached to a department shall submit to the Secretary
increase or add to them; concerned their audited financial statements within sixty
(b) Such authority shall not, however, extend to: (60) days after the close of the fiscal year; and
(1) appointments and other personnel actions in
accordance with the decentralization of personnel
functions under the Code, except appeal is made from an
action of the appointing authority, in which case the appeal
shall be initially sent to the department or its equivalent,
subject to appeal in accordance with law;
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Political Law
 (d) Pending submission of the required financial statements,
the corporation shall continue to operate on the basis of
the preceding year's budget until the financial statements
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shall have been submitted. Should any government-owned (8) Bureau refers to any principal subdivision or unit of
or controlled corporation incur an operation deficit at the
any department. For purposes of Book IV, this shall
IX. ADMINISTRATIVE LAW close of its fiscal year, it shall be subject to administrative
include any principal subdivision or unit of any
supervision of the department; and the corporation's
instrumentality given or assigned the rank of a bureau,
operating and capital budget shall be subject to the
regardless of actual name or designation, as in the case
A. General Principles department's examination, review, modification and
of department-wide regional offices.
approval.
B. Administrative Agencies; Definition,
Types, and Manner of Creation
(9) Office refers, within the framework of governmental
INTRODUCTORY PROVISIONS
C. Powers of Administrative Agencies organization, to any major functional unit of a department
Section 2. General Terms Defined. - Unless the specific or bureau including regional offices. It may also refer to
D. Primary Administrative Jurisdiction
words of the text, or the context as a whole, or a particular any position held or occupied by individual persons,
E. Exhaustion of Administrative Remedies
statute, shall require a different meaning: whose functions are defined by law or regulation.

(1) Government of the Republic of the Philippines refers to (10) Instrumentality refers to any agency of the National
the corporate governmental entity through which the Government, not integrated within the department
functions of government are exercised throughout the framework vested within special functions or jurisdiction
Philippines, including, save as the contrary appears from by law, endowed with some if not all corporate powers,
the context, the various arms through which political administering special funds, and enjoying operational
authority is made effective in the Philippines, whether autonomy, usually through a charter. This term includes
pertaining to the autonomous regions, the provincial, city, regulatory agencies, chartered institutions and
municipal or barangay subdivisions or other forms of local government-owned or controlled corporations.
government.
(11) Regulatory agency refers to any agency expressly
(2) National Government refers to the entire machinery of vested with jurisdiction to regulate, administer or
the central government, as distinguished from the different adjudicate matters affecting substantial rights and
forms of local governments. interests of private persons, the principal powers of
which are exercised by a collective body, such as a
(3) Local Government refers to the political subdivisions commission, board or council.
established by or in accordance with the Constitution.
(12) Chartered institution refers to any agency organized
(4) Agency of the Government refers to any of the various
or operating under a special charter, and vested by law
units of the Government, including a department, bureau,
with functions relating to specific constitutional policies
office, instrumentality, or government-owned or controlled
or objectives. This term includes the state universities
corporations, or a local government or a distinct unit
and colleges and the monetary authority of the State.
therein.

(13) Government-owned or controlled corporation refers

(5) National Agency refers to a unit of the National
to any agency organized as a stock or non-stock
Government.
corporation, vested with functions relating to public
(6) Local Agency refers to a local government or a distinct needs whether governmental or proprietary in nature, and
unit therein. owned by the Government directly or through its
instrumentalities either wholly, or, where applicable as in
(7) Department refers to an executive department created the case of stock corporations, to the extent of at least
by law. For purposes of Book IV, this shall include any fifty-one (51) per cent of its capital stock:
instrumentality, as herein defined, having or assigned the

Political Law
rank of a department, regardless of its name or designation.
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 Provided, That government-owned or
corporations may be further categorized by the
controlled

Department of the Budget, the Civil Service Commission,

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and the Commission on Audit for purposes of the Section 68. Disputes Involving Questions of Fact and
exercise and discharge of their respective powers, Law. - Cases involving mixed questions of law and of fact
IX. ADMINISTRATIVE LAW functions and responsibilities with respect to such or only factual issues shall be submitted to and settled or
corporations. adjudicated by:
(1) The Solicitor General, if the dispute, claim or
A. General Principles (14) "Officer" as distinguished from "clerk" or "employee", controversy involves only departments, bureaus, offices
B. Administrative Agencies; Definition,
refers to a person whose duties, not being of a clerical or and other agencies of the National Government as well as
Types, and Manner of Creation manual nature, involves the exercise of discretion in the government-owned or controlled corporations or entities
C. Powers of Administrative Agencies
performance of the functions of the government. When of whom he is the principal law officer or general
used with reference to a person having authority to do a counsel; and
D. Primary Administrative Jurisdiction
particular act or perform a particular function in the (2) The Secretary of Justice, in all other cases not falling
E. Exhaustion of Administrative Remedies exercise of governmental power, "officer" includes any under paragraph (1).
government employee, agent or body having authority to
do the act or exercise that function. Section 69. Arbitration. - The determination of factual
issues may be referred to an arbitration panel composed
(15) "Employee", when used with reference to a person in of one representative each of the parties involved and
the public service, includes any person in the service of presided over by a representative of the Secretary of
the government or any of its agencies, divisions, Justice or the Solicitor General, as the case may be.
subdivisions or instrumentalities.
Section 70. Appeals. - The decision of the Secretary of
CONTROVERSIES AMONG GOVERNMENT OFFICES AND Justice as well as that of the Solicitor General, when
CORPORATIONS approved by the Secretary of Justice, shall be final and
binding upon the parties involved. Appeals may, however,
Section 66. How Settled. - All disputes, claims and be taken to the President where the amount of the claim
controversies, solely between or among the departments, or the value of the property exceeds one million pesos.
bureaus, offices, agencies and instrumentalities of the The decision of the President shall be final.
National Government, including government-owned or
controlled corporations, such as those arising from the Book VII
interpretation and application of statutes, contracts or CHapter 3
agreements, shall be administratively settled or ADJUDICATION
adjudicated in the manner provided in this Chapter. This
Chapter shall, however, not apply to disputes involving Section 13. Subpoena. - In any contested case, the
the Congress, the Supreme Court, the Constitutional agency shall have the power to require the attendance of
Commissions, and local governments. witnesses or the production of books, papers, documents
and other pertinent data, upon request of any party
Section 67. Disputes Involving Questions of Law. - All before or during the hearing upon showing of general
cases involving only questions of law shall be submitted relevance. Unless otherwise provided by law, the agency
to and settled or adjudicated by the Secretary of Justice may, in case of disobedience, invoke the aid of the
as Attorney-General of the National Government and as Regional Trial Court within whose jurisdiction the
ex officio legal adviser of all government-owned or contested case being heard falls. The Court may punish
controlled corporations. His ruling or decision thereon contumacy or refusal as contempt.
shall be conclusive and binding on all the parties
concerned.

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 ARTICLE V
Suffrage
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SECTION 1. Suffrage may be exercised by all citizens of b) Any person who has been adjudged by final judgment
the Philippines not otherwise disqualified by law, who are by a competent court or tribunal of having committed any
X. ELECTION LAW at least eighteen years of age, and who shall have crime involving disloyalty to the duly constituted
resided in the Philippines for at least one year and in the government such as rebellion, sedition, violation of the
place wherein they propose to vote for at least six firearms laws or any crime against national security,
A. Suffrage; Qualification and months immediately preceding the election. No literacy, unless restored to his full civil and political rights in
Disqualification of Voters (1987 CONST.,
art. V, sec. 1; R.A. No. 8189, secs. 9 and 11)
property, or other substantive requirement shall be accordance with law: Provided, That he shall
imposed on the exercise of suffrage. automatically reacquire the right to vote upon expiration
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A. of five (5) years after service of sentence; and
No. 10367) Republic Act No. 8189
The Voter’s Registration Act of 1996 c) Insane or incompetent persons declared as such by
competent authority unless subsequently declared by
Section 9. Who may Register. All citizens of the proper authority that such person is no longer insane or
Philippines not otherwise disqualified by law who are at incompetent.
least eighteen (18) years of age, and who shall have
resided in the Philippines for at least one (1) year, and in Section 18. Challenges to Right to Register. Any voter,
the place wherein they propose to vote, for at least six candidate or representative of a registered political party
(6) months immediately preceding the election, may may challenge in writing any application for registration,
register as a voter. stating the grounds therefor. The challenge shall be
under oath and be attached to the application, together
Any person who temporarily resides in another city, with the proof of notice of hearing to the challenger and
municipality or country solely by reason of his the applicant.
occupation, profession, employment in private or public
service, educational activities, work in the military or Oppositions to contest a registrant’s application for
naval reservations within the Philippines, service in the inclusion in the voter’s list must, in all cases, be filed not
Armed Forces of the Philippines, the National Police later than the second Monday of the month in which the
Forces, or confinement or detention in government same is scheduled to be heard or processed by the
institutions in accordance with law, shall not be deemed Election Registration Board. Should the second Monday
to have lost his original residence. of the month fall on a non-working holiday, oppositions
may be filed on the next following working day. The
Any person, who, on the day of registration may not have hearing on the challenge shall be heard on the third
reached the required age or period of residence but, who, Monday of the month and the decision shall be rendered
on the day of the election shall possess such before the end of the month.
qualifications, may register as a voter.
Section 20. Approval and Disapproval of Application. The
Section 11. Disqualification. The following shall be Election Officer shall submit to the Board all applications
disqualified from registering: for registration filed, together with the evidence received
in connection therewith. The Board shall, by majority vote,
a) Any person who has been sentenced by final judgment approve or disapprove the applications.
to suffer imprisonment of not less than one (1) year, such
disability not having been removed by plenary pardon or
amnesty: Provided, however, That any person disqualified
to vote under this paragraph shall automatically reacquire
the right to vote upon expiration of five (5) years after
service of sentence;
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 Upon approval, the Election Officer shall assign a voters
identification number and issue the corresponding
identification card to the registered voter. If the Board
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disapproves the application, the applicant shall be
furnished with a certificate of disapproval stating the
X. ELECTION LAW ground therefor. In cases of approval or disapproval, any Section 33. Jurisdiction in Inclusion and Exclusion Case.
aggrieved party may file a petition for exclusion or The Municipal and Metropolitan Trial Courts shall have
inclusion, as the case may be, with the proper Municipal original and exclusive jurisdiction over all cases of
A. Suffrage; Qualification and or Metropolitan Trial Court as provided for in this Act. inclusion and exclusion of voters in their respective cities
Disqualification of Voters (1987 CONST.,
art. V, sec. 1; R.A. No. 8189, secs. 9 and 11)
or municipalities. Decisions of the Municipal or
Section 32. Common Rules Governing Judicial, Metropolitan Trial Courts may be appealed by the
B. Registration of Voters; Inclusion and
Proceedings in the Matter of Inclusion, Exclusion, and aggrieved party to the Regional Trial Court within five (5)
Exclusion Proceedings (R.A. No. 8189; R.A.
No. 10367) Correction of Names of Voters. days from receipt of notice thereof. Otherwise, said
a) Petition for inclusion, exclusion or correction of names decision shall become final and executory. The regional
of voters shall be filed during office hours; trial court shall decide the appeal within ten (10) days
b) Notice of the place, date and time of the hearing of the from the time it is received and the decision shall
petition shall be served upon the members of the Board immediately become final and executory. No motion for
and the challenged voter upon filing of the petition. reconsideration shall be entertained.
Service of such notice may be made by sending a copy
Section 34. Petition for Inclusion of Voters in the List.
thereof by personal delivery, by leaving it in the
Any person whose application for registration has been
possession of a person of sufficient discretion in the
disapproved by the Board or whose name has been
residence of the challenged voter, or by registered mail.
stricken out from the list may file with the court a petition
Should the foregoing procedures not be practicable, the
to include his name in the permanent list of voters in his
notice shall be posted in the bulletin board of the city or precinct at any time except one hundred five (105) days
municipal hall and in two (2) other conspicuous places prior to a regular election or seventy-five (75) days prior
within the city or municipality; to a special election. It shall be supported by a
c) A petition shall refer only to one (1) precinct and certificate of disapproval of his application and proof of
implead the Board as respondents; service of notice of his petition upon the Board. The
d) No costs shall be assessed against any party in these petition shall be decided within fifteen (15) days after its
proceedings. However, if the court should find that the filing.
application has been filed solely to harass the adverse
party and cause him to incur expenses, it shall order the If the decision is for the inclusion of voters in the
culpable party to pay the costs and incidental expenses; permanent list of voters, the Board shall place the
e) Any voter, candidate or political party who may be application for registration previously disapproved in the
affected by the proceedings may intervene and present corresponding book of voters and indicate in the
his evidence; application for registration the date of the order of
f) The decision shall be based on the evidence presented inclusion and the court which issued the same.
and in no case rendered upon a stipulation of facts. If the
question is whether or not the voter is real or fictitious, Section 35. Petition for Exclusion of Voters from the
his non-appearance on the day set for hearing shall be List. Any registered voters, representative of a political
prima facie evidence that the challenged voter is party or the Election Officer, may file with the court a
fictitious; and sworn petition for the exclusion of a voter from the
permanent list of voters giving the name, address and the
g) The petition shall be heard and decided within ten (10)
precinct of the challenged voter at any time except one
days from the date of its filing. Cases appealed to the
hundred (100) days prior to a regular election or sixty-five
Regional Trial Court shall be decided within ten (10) days
(65) days before a special election.
from receipt of the appeal. In all cases, the court shall
decide these petitions not later than fifteen (15) days
before the election and the decision shall become final
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Political Law
 The petition shall be accompanied by proof of notice to
the Board and to the challenged voter and shall be
decided within ten (10) days from its filing.
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(e) Deactivation refers to the removal of the
If the decision is for the exclusion of the voter from the
registration record of the registered voter from the
X. ELECTION LAW list, the Board shall, upon receipt of the final decision,
corresponding precinct book of voters for failure to
remove the voter’s registration record from the
comply with the validation process as required by this
corresponding book of voters, enter the order of
Act.
A. Suffrage; Qualification and exclusion therein, and thereafter place the record in the
Disqualification of Voters (1987 CONST., (f) Reactivation refers to the reinstatement of a
inactive file.
art. V, sec. 1; R.A. No. 8189, secs. 9 and 11) deactivated voter.
B. Registration of Voters; Inclusion and
Section 36. Verification of Registered Voters. The
Exclusion Proceedings (R.A. No. 8189; R.A. Section 3. Who Shall Submit for Validation. –
No. 10367) Election officer shall, in order to preserve the integrity of
Registered voters whose biometrics have not been
the permanent list of voters, file exclusion proceedings
captured shall submit themselves for validation.
when necessary, and verify the list of the registered
voters of any precinct by regular mail or house to house
Section 4. Who Shall Conduct the Validation. – The
canvass.
City or Municipal Election Officer shall conduct the
The Commission may enlist the help of representatives of
validation.
political parties and deputize non-government
organizations (NGOs), civic organizations and barangay
Section 5. Commencement of Validation. – The
officials to assist in the verification and house to house
Commission shall conduct validation beginning July 1,
canvass of registered voters in every precinct.
2013, consistent with the continuing registration under
Republic Act No. 8189.
REPUBLIC ACT NO. 10367
AN ACT PROVIDING FOR MANDATORY BIOMETRICS
Section 6. Publication and Notice Requirement. – The
VOTER REGISTRATION
Commission shall cause the publication of the
commencement of the validation in two (2) newspapers
Be it enacted by the Senate and House of
of general circulation. The City or Municipal Election
Representatives of the Philippines in Congress
Officer shall serve individual written notices by
assembled:
registered mail with return card to the voters
concerned at their latest address in the voter’s
Section 1. Declaration of Policy. – It is the policy of the
registration record and post the list of the voters
State to establish a clean, complete, permanent and
concerned in the city or municipal bulletin board and in
updated list of voters through the adoption of biometric
the local COMELEC office.
technology.
Section 7. Deactivation. – Voters who fail to submit for
Section 2. Definition of Terms. – As used in this Act:
validation on or before the last day of filing of
(a) Commission refers to the Commission on Elections
application for registration for purposes of the May
(COMELEC).
2016 elections shall be deactivated pursuant to this
(b) Biometrics refers to the quantitative analysis that
Act.
provides a positive identification of an individual such as
voice, photograph, fingerprint, signature, iris and/or such
Section 8. Reactivation. – Those deactivated under the
other identifiable features.
preceding section may apply for reactivation after the
(c) Data Capture Machine (DCM) is the device which
May 2016 elections following the procedure provided in
captures the biometrics of an individual.
Section 28 of Republic Act No. 8189.
(d) Validation is the process of taking the biometrics of
registered voters whose biometrics have not yet been
captured.
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Political Law
 Section 9. Database Security. – The database generated
by biometric registration shall be secured by the
Commission and shall not be used, under any
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circumstance, for any purpose other than for electoral
Republic Act No. 9189
exercises.
AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS
X. ELECTION LAW
ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE
Section 10. Mandatory Biometrics Registration. – The
PHILIPPINES ABROAD, APPROPRIATING FUNDS
Commission shall implement a mandatory biometrics
THEREFOR, AND FOR OTHER PURPOSES
A. Suffrage; Qualification and registration system for new voters.
Disqualification of Voters (1987 CONST.,
art. V, sec. 1; R.A. No. 8189, secs. 9 and 11) Be it enacted by the Senate and House of
Section 11. Prohibited Acts. – The following shall be
B. Registration of Voters; Inclusion and Representatives of the Philippine Congress Assembled:
Exclusion Proceedings (R.A. No. 8189; R.A.
election offenses punishable under Sections 263 and 264
No. 10367) of Batas Pambansa Bilang 881, as amended, otherwise
Section 1. Short Title. – This Act shall be known as "The
known as the "Omnibus Election Code":
1. Overseas Absentee Voting – R.A. No. Overseas Absentee Voting Act of 2003."
9189; R.A. No. 10590

(a) Any person who shall prohibit, impede, obstruct or

Sec. 2. Declaration of Policy. – It is the prime duty of
prevent a registered voter or a new voter from submitting
the State to provide a system of honest and orderly
his or her biometrics for capture through the use of force,
overseas absentee voting that upholds the secrecy and
intimidation or monetary consideration; and
sanctity of the ballot. Towards this end, the State
ensures equal opportunity to all qualified citizens of
(b) Any public official or person who, under the guise of
the Philippines abroad in the exercise of this
implementing this Act, shall unjustifiably and without due
fundamental right.
process, cause the deactivation or reactivation of any
registered voter.
Sec. 3. Definition of Terms. – For purposes of this Act:

Section 12. Rules and Regulations. – The Commission

a. "Absentee Voting" refers to the process by which
shall, within sixty (60) days after the effectivity of this
qualified citizens of the Philippines abroad exercise
Act, promulgate the implementing rules and regulations.
their right to vote;

Section 13. Separability Clause. – If any part of this Act is

b. "Commission" refers to the Commission on Elections;
held invalid or unconstitutional, the other parts or
provisions hereof shall remain valid and effective.
c. "Certified List of Overseas Absentee Voters" refers
to the list of registered overseas absentee voters
Section 14. Repealing Clause. – All laws, decrees,
whose applications to vote in absentia have been
executive orders, rules and regulations inconsistent with
approved by the Commission, said list to be prepared
this Act are hereby repealed or modified accordingly.
by the Committee on Absentee Voting of the
Section 15. Effectivity Clause. – This Act shall take effect
Commission, on a country-by-country basis. This list
fifteen (15) days after its publication in at least two (2)
shall be approved by the Commission in an en banc
newspapers of general circulation.
resolution;

d. "Day of Election" refers to the actual date of

elections in the Philippines;

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 e. "National Registry of Absentee Voters" refers to the
consolidated list prepared, approved and maintained by
the Commission, of overseas absentee voters whose
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applications for registration as absentee voters, including 4. An immigrant or a permanent resident who is
those registered voters who have applied to be certified recognized as such in the host country, unless he/she
X. ELECTION LAW as absentee voters, have been approved by the Election executes, upon registration, an affidavit prepared for
Registered Board; the purpose by the Commission declaring that he/she
shall resume actual physical permanent residence in
B. Registration of Voters; Inclusion and f. "Overseas Absentee Voter" refers to a citizen of the the Philippines not later than three (3) years from
Exclusion Proceedings (R.A. No. 8189; R.A.
No. 10367)
Philippines who is qualified to register and vote under this approval of his/her registration under this Act. Such
Act, not otherwise disqualified by law, who is abroad on affidavit shall also state that he/she has not applied for
1. Overseas Absentee Voting – R.A. No.
9189; R.A. No. 10590
the day of elections. citizenship in another country. Failure to return shall be
the cause for the removal of the name of the immigrant
Sec. 4. Coverage. – All citizens of the Philippines abroad, or permanent resident from the National Registry of
who are not otherwise disqualified by law, at least Absentee Voters and his/her permanent disqualification
eighteen (18) years of age on the day of elections, may to vote in absentia.
vote for president, vice-president, senators and party-list
representatives. 5. Any citizen of the Philippines abroad previously
declared insane or incompetent by competent authority
Sec. 5. Disqualifications. – The following shall be in the Philippines or abroad, as verified by the
disqualified from voting under this Act: Philippine embassies, consulates or foreign service
establishments concerned, unless such competent
1. Those who have lost their Filipino citizenship in authority subsequently certifies that such person is no
accordance with Philippine laws; longer insane or incompetent.

2. Those who have expressly renounced their Philippine Sec. 6. Personal Overseas Absentee Registration. –
citizenship and who have pledged allegiance to a foreign Registration as an overseas absentee voter shall be
country; done in person.

3. Those who have committed and are convicted in a final Qualified citizens of the Philippines abroad who failed
judgment by a court or tribunal of an offense punishable to register under Republic Act No. 8189, otherwise
by imprisonment of not less than one (1) year, including known as the "The Voters Registration Act of 1996",
those who have committed and been found guilty of may personally apply for registration with the Election
Disloyalty as defined under Article 137 of the Revised Registration Board of the city or municipality where
Penal Code, such disability not having been removed by they were domiciled immediately prior to their
plenary pardon or amnesty; Provided, however, That any departure from the Philippines, or with the
person disqualified to vote under this subsection shall representative of the Commission at the Philippine
automatically acquire the right to vote upon expiration of embassies, consulates and other foreign service
five (5) years after service of sentence; Provided, further, establishments that have jurisdiction over the locality
That the Commission may take cognizance of final where they temporarily reside. Subject to the specific
judgments issued by foreign courts or tribunals only on guidelines herein provided, the Commission is hereby
the basis of reciprocity and subject to the formalities and authorized to prescribe additional procedures for
processes prescribed by the Rules of Court on execution overseas absentee registration pursuant to the
of judgments; provisions of Republic Act No. 8189, whenever
applicable, taking into strict consideration the time
zones and the various periods and processes herein
provided for the proper implementation of this Act.

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 The embassies, consulates and other foreign service
establishments shall transmit within (5) days from receipt
the accomplished registration forms to the Commission,
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after which the Commission shall coordinate with the
6.4. The application shall be approved or disapproved
Election Officer of the city or municipality of the
based on the merits of the objection, counter-affidavit
X. ELECTION LAW applicant’s stated residence for verification, hearing and
and documents submitted by the party objecting and
annotation in the permanent list of voters.
those of the applicant.
B. Registration of Voters; Inclusion and All applications for the May, 2004 elections shall be filed
Exclusion Proceedings (R.A. No. 8189; R.A. 6.5 A Certificate of Registration as an overseas
with the Commission not later than two hundred eighty
No. 10367) absentee voter shall be issued by the Commission to
(280) calendar days before the day of elections. For
1. Overseas Absentee Voting – R.A. No. all applicants whose applications have been approved,
succeeding elections, the Commission shall provide for
9189; R.A. No. 10590 including those certified as registered voters. The
the period within which applications to register must be
Commission shall include the approved applications in
filed.
the National Registry of Absentee Voters.

In the case of seafarers, the Commission shall provide a

6.6. If the application has been approved, any
special mechanism for the time and manner of personal
interested party may file a petition for exclusion not
registration taking into consideration the nature of their
later than two hundred ten (210) days before the day of
work.
elections with the proper municipal or metropolitan trial
court. The petition shall be decided within fifteen (15)
6.1. Upon receipt of the application for registration, the
days after its filing on the basis of the documents
Election Officer shall immediately set the application for
submitted in connection therewith. Should the court fail
hearing, the notice of which shall be posted in a
to render a decision within the prescribed period, the
conspicuous place in the premises of the city or
ruling of the Election Registration Board shall be
municipal building of the applicant’s stated residence for
considered affirmed.
at least one (1) week before the date of the hearing. The
Election Officer shall immediately furnish a copy of the
6.7. If the application has been disapproved, the
application to the designated representatives of political
applicant or his authorized representative shall, within
parties and other accredited groups.
a period of five (5) days from receipt of the notice of
disapproval, have the right to file a petition for
6.2. If no verified objection to the application is filed, the
inclusion with the proper municipal or metropolitan trial
Election Officer shall immediately forward the application
court. The petition shall be decided within five (5) days
to the Election Registration Board, which shall decide on
after its filing on the basis of documents submitted in
the application within one (1) week from the date of
connection therewith.
hearing without waiting for the quarterly meeting of the
Board. The applicant shall be notified of the approval or
Qualified citizens of the Philippines abroad, who have
disapproval of his/her application by registered mail.
previously registered as voters pursuant to Republic
Act No. 8189 shall apply for certification as absentee
6.3. In the event that an objection to the application is
voters and for inclusion in the National Registry of
filed prior to or on the date of hearing, the Election
Overseas Absentee Voters, with a corresponding
Officer shall notify the applicant of said objection by
annotation in the Certified Voters’ List.
registered mail, enclosing therein copies of affidavits or
documents submitted in support of the objection filed
with the said Election Officer, if any. The applicant shall
have the right to file his counter-affidavit by registered
mail, clearly stating therein facts and defenses sworn
before any officer in the host country authorized to
administer oaths.
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 Sec. 7. System of Continuing Registration. – The
Commission shall ensure that the benefits of the system
of continuing registration are extended to qualified
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overseas absentee voters. Towards this end, the
c. In the case of immigrants and permanent residents
Commission shall optimize the use of existing facilities,
not otherwise disqualified to vote under this Act, an
X. ELECTION LAW personnel and mechanisms of the various government
affidavit declaring the intention to resume actual
agencies for purposes of data gathering, data validation,
physical permanent residence in the Philippines not
information dissemination and facilitation of the
later than three (3) years after approval of his/her
B. Registration of Voters; Inclusion and registration process.
Exclusion Proceedings (R.A. No. 8189; R.A. registration as an overseas absentee voter under this
No. 10367) Act. Such affidavit shall also state that he/she has not
Pre-departure programs, services and mechanisms
1. Overseas Absentee Voting – R.A. No. applied for citizenship in another country.
9189; R.A. No. 10590
offered and administered by the Department of Foreign
Affairs, Department of Labor and Employment, Philippine
The Commission may also require additional data to
Overseas Employment Administration, Overseas Workers’
facilitate registration and recording. No information
Welfare Administration, Commission on Filipinos
other than those necessary to establish the identity
Overseas and other appropriate agencies of the
and qualification of the applicant shall be required.
government shall be utilized for purposes of supporting
the overseas absentee registration and voting processes,
Sec. 9. National Registry of Overseas Absentee
subject to limitations imposed by law.
Voters. – The Commission shall maintain a National
Registry of Overseas Absentee Voters. Approved
Sec. 8. Requirements for Registration. – Every Filipino
applications of overseas absentee registrants shall
registrant shall be required to furnish the following
also be included in the permanent list of voters of the
documents:
city or municipality where the registrant is domiciled,
with the corresponding annotation that such person has
a. A valid Philippine passport. In the absence of a valid
been registered or will be voting as an overseas
passport, a certification of the Department of Foreign
absentee voter. The registry shall also include those
Affairs that it has reviewed the appropriate documents
registered under Republic Act No. 8189 and who have
submitted by the applicant and found them sufficient to
been issued certifications as overseas absentee
warrant the issuance of a passport, or that the applicant
voters. The entries in the National Registry of Overseas
is a holder of a valid passport but is unable to produce
Absentee Voters and the annotations as overseas
the same for a valid reason;
absentee voters in the Certified Voters’ List shall be
b. Accomplished registration form prescribed by the
permanent, and cannot be cancelled or amended
Commission containing the following mandatory
except in any of the following cases:
information:
i. Last known residence of the applicant in the Philippines
9.1. When the overseas absentee voter files a letter
before leaving for abroad;
under oath addressed to the Commission that he/she
ii. Address of applicant abroad, or forwarding address in
wishes to be removed from the Registry of Overseas
the case of seafarers;
Absentee Voters, or that his/her name be transferred
iii. Where voting by mail is allowed, the applicant’s
to the regular registry of voters; or,
mailing address outside the Philippines where the ballot
for absentee voters will be sent, in proper cases; and;
9.2. When an overseas absentee voter’s name was
iv. Name and address of applicant’s authorized
ordered removed by the Commission from the Registry
representative in the Philippines for purposes of Section
of Overseas Absentee Voters for his/her failure to
6.7 and Section 12 hereof.
exercise his/her right to vote under this Act for two (2)
consecutive national elections.

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 Sec. 10. Notice of Registration and Election. – The
Commission shall, through the embassies, consulates and
other foreign service establishments, cause the
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publication in a newspaper of general circulation of the
Sec. 12. Verification and Approval of Application to
place, date and time of the holding of a regular or special
Vote. – All applications shall be acted upon by the
X. ELECTION LAW national election and the requirements for the
Commission upon receipt thereof, but in no case later
participation of qualified citizens of the Philippines
than one hundred fifty (150) days before the day of
abroad, at least six (6) months before the date set for the
elections. In the event of disapproval of the
B. Registration of Voters; Inclusion and filing of applications for registration.
Exclusion Proceedings (R.A. No. 8189; R.A. application, the voter or his authorized representative
No. 10367) may file a Motion for Reconsideration with the
The Commission shall determine the countries where
1. Overseas Absentee Voting – R.A. No. Commission personally, or by registered mail, within
publication shall be made, and the frequency thereof,
9189; R.A. No. 10590 ten (10) days from receipt of the notice of disapproval.
taking into consideration the number of overseas Filipinos
The Commission shall act within five (5) days from
present in such countries. Likewise, the Commission and
receipt of such Motion for Reconsideration and shall
the Department of Foreign Affairs shall post the same in
immediately notify the voter of its decision. The
their respective websites.
decision of the Commission shall be final and
executory.
Sec. 11. Procedure for Application to Vote in Absentia. –
11.1. Every qualified citizen of the Philippines abroad
The Commission shall issue an overseas absentee
whose application for registration has been approved,
voter identification card to those whose applications to
including those previously registered under Republic Act
vote have been approved.
No. 8189, shall, in every national election, file with the
officer of the embassy, consulate or other foreign service
Sec. 13. Preparation and Posting of Certified List of
establishment authorized by the Commission, a sworn
Overseas Absentee Voters. – The Commission shall
written application to vote in a form prescribed by the
prepare the Certified List of Overseas Absentee Voters
Commission. The authorized officer of such embassy,
within one hundred twenty (120) days before every
consulate or other foreign service establishment shall
election, and furnish within the same period copies
transmit to the Commission the said application to vote
thereof to the appropriate embassies, consulates and
within five (5) days from receipt thereof. The application
other foreign service establishments, which shall post
form shall be accomplished in triplicate and submitted
the same in their bulletin boards within ten (10) days
together with the photocopy of his/her overseas
from receipt thereof.
absentee voter certificate of registration.
Subject to reasonable regulation and the payment of
11.2. Every application to vote in absentia may be done
fees in such amounts as may be fixed by the
personally at, or by mail to, the embassy, consulate or
Commission, the candidates, political parties,
foreign service establishment, which has jurisdiction over
accredited citizens’ arms, interested persons and all
the country where he/she has indicated his/her address
embassies, consulates and other foreign service
for purposes of the elections.
establishments shall be furnished copies thereof.

11.3. Consular and diplomatic services rendered in

Sec. 14. Printing and Transmittal of Ballots, Voting
connection with the overseas absentee voting processes
Instructions, Election Forms and Paraphernalia. –
shall be made available at no cost to the overseas
14.1. The Commission shall cause the printing of ballots
absentee voter.
for overseas absentee voters, voting instructions, and
election forms in such number as may be necessary,
but in no case shall it exceed the total number of
approved applications.

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 Security markings shall be used in the printing of ballots
for overseas absentee voters.
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14.2. The Commission shall present to the authorized
16.2. The overseas absentee voter shall personally
representatives of the Department of Foreign Affairs and
accomplish his/her ballot at the embassy, consulate or
X. ELECTION LAW the accredited major political parties the ballots for
other foreign service establishment that has jurisdiction
overseas absentee voters, voting instructions, election
over the country where he/she temporarily resides or
forms and other election paraphernalia for scrutiny and
at any polling place designated and accredited by the
B. Registration of Voters; Inclusion and inspection prior to their transmittal to the embassies,
Exclusion Proceedings (R.A. No. 8189; R.A. Commission.
No. 10367)
consulates and other foreign service establishments
concerned.
1. Overseas Absentee Voting – R.A. No. 16.3. The overseas absentee voter shall cast his ballot,
9189; R.A. No. 10590 upon presentation of the absentee voter identification
14.3. The Commission shall, not later than seventy-five
card issued by the Commission, within thirty (30) days
(75) days before the day of elections, transmit by special
before the day of elections. In the case of seafarers,
pouch to the embassies, consulates and other foreign
they shall cast their ballots anytime within sixty (60)
service establishments, the exact number of ballots for
days before the day of elections as prescribed in the
overseas absentee voters corresponding to the number
Implementing Rules and Guidelines.
of approved applications, along with such materials and
election paraphernalia necessary to ensure the secrecy
16.4. All accomplished ballots received shall be placed
and integrity of the election.
unopened inside sealed containers and kept in a secure
place designated by the Commission.
14.4. The authorized representatives of accredited major
political parties shall have the right to be present in all
16.5. The embassies, consulates and other foreign
phases of printing, transmittal, and casting of ballots
service establishments concerned shall keep a
abroad. Unclaimed ballots properly marked as such, shall
complete record of the ballots for overseas absentee
be cancelled and shipped to the Commission by the least
voters, specifically indicating the number of ballots
costly method.
they actually received, and in cases where voting by
mail is allowed under Section 17 hereof, the names and
Sec. 15. Regulation on Campaigning Abroad. – The use of
addresses of the voters to whom these ballots were
campaign materials, as well as the limits on campaign
sent, including proof of receipt thereof. In addition, the
spending shall be governed by the laws and regulations
embassies, consulates and other foreign service
applicable in the Philippines.
establishments shall submit a formal report to the
Commission and the Joint Congressional Oversight
Sec. 16. Casting and Submission of Ballots. –
Committee created under this Act within thirty (30)
16.1. Upon receipt by the designated officer of the
days from the day of elections. Such report shall
embassy, consulate and other foreign service
contain data on the number of ballots cast and
establishments of the ballots for overseas absentee
received by the offices, the number of invalid and
voters, voting instructions, election forms and other
unclaimed ballots and other pertinent data.
paraphernalia, he/she shall make them available on the
premises to the qualified overseas absentee voters in
16.6. The overseas absentee voter shall be instructed
their respective jurisdictions during the thirty (30) days
that his/her ballot shall not be counted if it is not inside
before the day of elections when overseas absentee
the special envelope furnished him/her when it is cast.
voters may cast their vote. Immediately upon receiving it,
the overseas absentee voter must fill-out his/her ballot
personally, in secret, without leaving the premises of the
embassies, consulates and other foreign service
establishments concerned.

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 16.7. Ballots not claimed by the overseas absentee voters
at the embassies, consulates and other foreign service
establishments, in case of personal voting, and ballots
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returned to the embassies, consulates and other foreign
a. Where the mailing system is fairly well-developed
service establishments concerned, in the case of voting
and secure to prevent the occasion of fraud;
X. ELECTION LAW by mail, shall be cancelled and shipped to the
b. Where there exists a technically established
Commission by the least costly method within six (6)
identification system that would preclude multiple or
months from the day of elections.
proxy voting; and,
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A. c. Where the system of reception and custody of
16.8. Only ballots cast, and mailed ballots received by the
No. 10367) mailed ballots in the embassies, consulates and other
Philippine embassies, consulates and other foreign
1. Overseas Absentee Voting – R.A. No. foreign service establishments concerned are
service establishments concerned in accordance with
9189; R.A. No. 10590 adequate and well-secured.
Section 17 hereof before the close of voting on the day of
Thereafter, voting by mail in any country shall be
elections shall be counted in accordance with Section 18
allowed only upon review and approval of the Joint
hereof. All envelopes containing the ballots received by
Congressional Oversight Committee.
the embassies, consulates and other foreign service
establishments after the prescribed period shall not be
17.2. The overseas absentee voters shall send his/her
opened, and shall be cancelled and shipped to the
accomplished ballot to the corresponding embassy,
Commission by the least costly method within six (6)
consular or other foreign service establishment that
months from the day of elections.
has jurisdiction over the country where he/she
temporarily resides. He/She shall be entitled to cast
16.9. A Special Ballot Reception and Custody Group
his/her ballot at any time upon his/her receipt thereof,
composed of three (3) members shall be constituted by
provided that the same Is received before the close of
the Commission from among the staff of the embassies,
voting on the day of elections. The overseas absentee
consulates and other foreign service establishments
voter shall be instructed that his/her ballot shall not be
concerned, including their attached agencies, and
counted if not transmitted in the special envelope
citizens of the Philippines abroad, who will be deputized
furnished him/her.
to receive ballots and take custody of the same
preparatory to their transmittal to the Special Boards of
17.3. Only mailed ballots received by the Philippine
Election Inspectors.
embassy, consulate and other foreign service
establishments before the close of voting on the day of
16.10. During this phase of the election process, the
elections shall be counted in accordance with Section
authorized representatives of the political parties,
18 hereof. All envelopes containing the ballots received
candidates, and accredited citizens’ arms of the
by the embassies, consulates and other foreign service
Commission shall be notified in writing thereof and shall
establishments after the prescribed period shall not be
have the right to witness the proceedings.
opened, and shall be cancelled and disposed of
appropriately, with a corresponding report thereon
16.11. The Commission shall study the use of electronic
submitted to the Commission not later than thirty (30)
mail, Internet, or other secured networks in the casting of
days from the day of elections.
votes, and submit a report thereon to the Joint
Congressional Oversight Committee.

Sec. 17. Voting by Mail. –

17.1. For the May, 2004 elections, the Commission shall
authorize voting by mail in not more than three (3)
countries, subject to the approval of the Congressional
Oversight Committee. Voting by mail may be allowed in
countries that satisfy the following conditions:
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Political Law
 Sec. 18. On-Site Counting and Canvassing. –
18.1. The counting and canvassing of votes shall be
conducted on site in the country where the votes were
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actually cast. The opening of the specially-marked
18.4. A Special Board of Canvassers composed of a
envelopes containing the ballots and the counting and
lawyer preferably of the Commission as chairman, a
X. ELECTION LAW canvassing of votes shall be conducted within the
senior career officer from any of the government
premises of the embassies, consulates and other foreign
agencies maintaining a post abroad and, in the absence
service establishments or in such other places as may be
of another government officer, a citizen of the
B. Registration of Voters; Inclusion and designated by the Commission pursuant to the
Exclusion Proceedings (R.A. No. 8189; R.A. Philippines qualified to vote under this Act deputized
Implementing Rules and Regulations. The Commission
No. 10367) by the Commission, as vice-chairman and member-
shall ensure that the start of counting in all polling places
1. Overseas Absentee Voting – R.A. No. secretary, respectively, shall be constituted to canvass
abroad shall be synchronized with the start of counting in
9189; R.A. No. 10590 the election returns submitted to it by the Special
the Philippines.
Boards of Election Inspectors. Immediately upon the
completion of the canvass, the chairman of the Special
18.2. For these purposes, the Commission shall constitute
Board of Canvassers shall transmit via facsimile,
as many Special Boards of Election Inspectors as may be
electronic mail, or any other means of transmission
necessary to conduct and supervise the counting of votes
equally safe and reliable the Certificates of Canvass
as provided in Section 18.2 hereof. The Special Boards of
and the Statements of Votes to the Commission, and
Election Inspectors to be constituted herein shall be
shall cause to preserve the same immediately after the
composed of a Chairman and two (2) members, one (1) of
conclusion of the canvass, and make it available upon
whom shall be designated as poll clerk. The ambassador
instructions of the Commission. The Special Board of
or consul-general, or any career public officer posted
Canvassers shall also furnish the accredited major
abroad designated by the Commission, as the case may
political parties and accredited citizens’ arms with
be, shall act as the chairman; in the absence of other
copies thereof via facsimile, electronic mail and any
government officers, the two (2) other members shall be
other means of transmission equally safe, secure and
citizens of the Philippines who are qualified to vote under
reliable.
this act and deputized by the Commission not later than
sixty (60) days before the day of elections. All resolutions
The Certificates of Canvass and the accompanying
of the Special Board of Election Inspectors on issues
Statements of Votes as transmitted via facsimile,
brought before it during the conduct of its proceedings
electronic mail and any other means of transmission
shall be valid only when they carry the approval of the
equally safe, secure and reliable shall be the primary
chairman.
basis for the national canvass.

Immediately upon the completion of the counting, the

18.5. The canvass of votes shall not cause the delay of
Special Boards of Election Inspectors shall transmit via
the proclamation of a winning candidate if the outcome
facsimile and/or electronic mail the results to the
of the election will not be affected by the results
Commission in Manila and the accredited major political
thereof. Notwithstanding the foregoing, the Commission
parties.
is empowered to order the proclamation of winning
candidates despite the fact that the scheduled election
18.3. Only ballots cast on, or received by the embassies,
has not taken place in a particular country or countries,
consulates and other foreign service establishments
if the holding of elections therein has been rendered
before the close of voting on the day of elections shall
impossible by events, factors and circumstances
be included in the counting of votes. Those received
peculiar to such country or countries, and which
afterwards shall not be counted.
events, factors and circumstances are beyond the
control or influence of the Commission.

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Political Law
 18.6. In the preparation of the final tally of votes on the
results of the national elections, the Commission shall
ensure that the votes canvassed by each and every
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country shall be reflected as a separate item from the
Provided, That any such deputized
tally of national votes. For purposes of this Act, the
organization/association shall be prohibited from
X. ELECTION LAW returns of every election for president and vice-president
participating in the elections by campaigning for or
prepared by the Special Board of Canvassers shall be
fielding candidates; Provided, further, That if any such
deemed a certificate of canvass of a city or province.
deputized organization/association is discovered to
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A. have a member who is not a qualified overseas
18.7. Where feasible, the counting and canvassing of
No. 10367) absentee voter as herein defined, such deputized
votes shall be automated. Towards this end, the
1. Overseas Absentee Voting – R.A. No. organization/association shall be banned from
Commission is hereby authorized to borrow, rent, lease or
9189; R.A. No. 10590 participating in any manner, and at any stage, in the
acquire automated voting machines for purposes of
Philippine political process abroad.
canvassing and counting of votes pursuant to the
provisions of this Act, and in accordance with the
Such information campaign shall educate the Filipino
Implementing Rules and Regulations promulgated by the
public, within and outside the Philippines, on the rights
Commission.
of overseas absentee voters, absentee voting
processes and other related concerns. Information
Sec. 19. Authority of the Commission to Promulgate
materials shall be developed by the Commission for
Rules. – The Commission shall issue the necessary rules
distribution, through the said government agencies and
and regulations to effectively implement the provisions of
private organizations. No government agency or
this Act within sixty (60) days from the effectivity of this
accredited private organizations shall prepare, print,
Act. The Implementing Rules and Regulations shall be
distribute or post in websites any information material
submitted to the Joint Congressional Oversight
without the prior approval of the Commission.
Committee created by virtue of this Act for prior approval.
In the formulation of the rules and regulations, the
Sec. 21. Access to Official Records and Documents. –
Commission shall coordinate with the Department of
Subject to the pertinent provisions of this Act, any
Foreign Affairs, Department of Labor and Employment,
person shall have the right to access and/or copy at his
Philippine Overseas and Employment Administration,
expense all registration records, voters lists and other
Overseas Workers’ Welfare Administration and the
official records and documents, subject to reasonable
Commission on Filipinos Overseas. Non-government
regulations as may be imposed by the Commission.
organizations and accredited Filipino organizations or
associations abroad shall be consulted.
Sec. 22. Assistance from Government Agencies. – All
government officers, particularly from the Department
Sec. 20. Information Campaign. – The Commission, in
of Foreign Affairs, Department of Labor and
coordination with agencies concerned, shall undertake an
Employment, Department of Transportation and
information campaign to educate the public on the
Communications, Philippine Postal Corporation,
manner of absentee voting for qualified overseas
Philippine Overseas Employment Administration,
absentee voters. It may require the support and
Overseas Workers’ Welfare Administration,
assistance of the Department of Foreign Affairs, through
Commission on Filipinos Overseas and other
the embassies, consulates and other foreign service
government offices concerned with the welfare of the
establishments, Department of Labor and employment,
Filipinos overseas shall, to the extent compatible with
Department of Transportation and Communications,
their primary responsibilities, assist the Commission in
Philippine Postal Corporation, Philippine Overseas
carrying out the provisions of this Act.
Employment Administration, Overseas Workers’ Welfare
Administration and the Commission on Filipinos Overseas.
The Commission may deputize Filipino
organizations/associations overseas for the same
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Political Law
 All such agencies or officers thereof shall take
reasonable measures to expedite all election activities,
which the Commission shall require of them. When
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necessary, the Commission may send supervisory teams
24.3. For any person to tamper with the ballot, the mail
headed by career officers to assist the embassies,
containing the ballots for overseas absentee voters, the
X. ELECTION LAW consulates and other foreign service establishment
election returns, including the destruction, mutilation
concerned.
and manipulation thereof;

B. Registration of Voters; Inclusion and Sec. 23. Security Measures to Safeguard the Secrecy 24.4. For any person to steal, destroy, conceal, mutilate
Exclusion Proceedings (R.A. No. 8189; R.A.
No. 10367)
and Sanctity of Ballots. – At all stages of the electoral or alter any record, document or paper as required for
process, the Commission shall ensure that the secrecy purposes of this Act;
1. Overseas Absentee Voting – R.A. No.
9189; R.A. No. 10590
and integrity of the ballots are preserved. The Committee
on Absentee Voting of the Commission shall be 24.5. For any deputized agent to refuse without
responsible for ensuring the secrecy and sanctity of the justifiable ground, to serve or continue serving, or to
absentee voting process. In the interest of transparency, comply with his/her sworn duties after acceptance of
all necessary and practicable measures shall be adopted his/her appointment;
to allow representation of the candidates, accredited
major political parties, accredited citizens’ arms and non- 24.6. For any public officer or employee who shall cause
government organizations to assist, and intervene in the preparation, printing, distribution of information
appropriate cases, in all stages of the electoral exercise material, or post the same in websites without the prior
and to prevent any and all forms of fraud and coercion. approval of the Commission;
No officer or member of the foreign service corps,
including those belonging to attached agencies shall be 24.7. For any public officer or employee to cause the
transferred, promoted, extended, recalled or otherwise transfer, promotion, extension, recall of any member of
moved from his current post or position one (1) year the foreign service corps, including members of the
before and three (3) months after the day of elections, attached agencies, or otherwise cause the movement of
except upon the approval of the Commission. any such member from his current post or position one
(1) year before and three (3) months after the day of
Sec. 24. Prohibited Acts. – In addition to the prohibited elections, without securing the prior approval of the
acts provided by law, it shall be unlawful: Commission;

24.1. For any officer or employee of the Philippine 24.8. For any person who, after being deputized by the
government to influence or attempt to influence any Commission to undertake activities in connection with
person covered by this Act to vote, or not to vote, for a the implementation of this Act, shall campaign for or
particular candidate. Nothing in this Act shall be deemed assist, in whatever manner, candidates in the elections;
to prohibit free discussion regarding politics or
candidates for public office. 24.9. For any person who is not a citizen of the
Philippines to participate, by word or deed, directly or
24.2. For any person to deprive any person of any right indirectly through qualified organizations/associations,
secured in this Act, or to give false information as to in any manner and at any stage of the Philippine political
his/her name, address, or period of residence for the process abroad, including participation in the campaign
and elections.
purposes of establishing his/her eligibility or ineligibility
to register or vote under this Act; or to conspire with
The provision of existing laws to the contrary
another person for the purpose of encouraging the giving
notwithstanding, and with due regard to the Principle of
of false information in order to establish the eligibility or
Double Criminality, the prohibited acts described in this
ineligibility of any individual to register or vote under this
section are electoral offenses and punishable in the
Act; or, to pay, or offer to pay, or to accept payment
Philippines.
either for application to vote in absentia or for voting;
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Political Law
 The penalties imposed under Section 264 of the Omnibus
Election Code, as amended, shall be imposed on any
person found guilty of committing any of the prohibited
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acts as defined in this section: Provided, That the penalty
Sec. 27. Enforcement and Administration by the
of prision mayor in its minimum period shall be imposed
Commission. – The Commission shall, for the purpose of
X. ELECTION LAW upon any person found guilty of Section 24.3 hereof
ensuring honest, orderly, peaceful and free elections
without the benefit of the operation of the Indeterminate
abroad, have exclusive charge of the enforcement,
Sentence Law. If the offender is a public officer or a
administration and implementation of this Act.
B. Registration of Voters; Inclusion and candidate, the penalty shall be prision mayor in its
Exclusion Proceedings (R.A. No. 8189; R.A.
No. 10367)
maximum period. In addition, the offender shall be Sec. 28. Mandatory Review. – Congress shall complete
sentenced to suffer perpetual disqualification to hold a mandatory review of this Act within two (2) years
1. Overseas Absentee Voting – R.A. No.
9189; R.A. No. 10590
public office and deprivation of the right to vote. following the May, 2004 elections for the purpose of
amending it to expand or restrict its coverage, scope
Immigrants and permanent residents who do not resume and application, as well as improve its procedures and
residence in the Philippines as stipulated in their affidavit institute measures and safeguards, taking into account
under Section 5(d) within three (3) years after approval of the experience of the previous election, technological
his/her registration under this Act and yet vote in the next advances and structural political changes.
elections contrary to the said section, shall be penalized
by imprisonment of not less than one (1) year, and shall Sec. 29. Appropriations. – The amount necessary to
be deemed disqualified as provided in Section 5(c) of this carry out the provisions of this Act shall be provided in a
Act. His/her passport shall be stamped "not allowed to supplemental budget or included in the General
vote". Appropriations Act of the year of its enactment into law.
Thereafter, the expenses for its continued
Sec. 25. Joint Congressional Oversight Committee. – A implementation shall be included in the subsequent
Joint Congressional Oversight Committee is hereby General Appropriations Act.
created, composed of the Chairman of the Senate
Committee on Constitutional Amendments, Revision of Sec. 30. Separability Clause. – If any part or provision of
Codes and Laws, and seven (7) other Senators designated this Act shall be declared unconstitutional or invalid,
by the Senate President, and the Chairman of the House other provisions hereof which are not affected thereby
Committee on Suffrage and Electoral Reforms, and seven shall continue to be in full force and effect.
(7) other Members of the House of Representatives
designated by the Speaker of the House of Sec. 31. Repealing Clause. – All laws, presidential
Representatives: Provided, That, of the seven (7) decrees, executive orders, rules and regulations, other
members to be designated by each House of Congress, issuances, and parts thereof, which are inconsistent with
four (4) should come from the majority and the remaining the provisions of this Act, are hereby repealed or
three (3) from the minority. modified accordingly.

The Joint Congressional Oversight Committee shall have Sec. 32. Effectivity. – This Act shall take effect fifteen
the power to monitor and evaluate the implementation of (15) days following its publication in three (3)
this Act. It shall review, revise, amend and approve the newspapers of general circulation.
Implementing Rules and Regulations promulgated by the
Commission.

Sec. 26. Applicability of Other Election Laws. – The

pertinent provisions of the Omnibus Election Code, as
amended, and other election laws, which are not in
conflict with the provisions of this Act shall remain in full
force and shall have suppletory application to this Act.
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Political Law
 REPUBLIC ACT No. 10590
AN ACT AMENDING REPUBLIC ACT NO. 9189, ENTITLED
"AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS
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ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE
"(f) Mobile Registration refers to the conduct of
PHILIPPINES ABROAD, APPROPRIATING FUNDS
registration of overseas voters at various locations
X. ELECTION LAW THEREFOR AND FOR OTHER PURPOSES"
outside the posts, other than at field registrations,
undertaken as part of the posts' mobile consular and
Be it enacted by the Senate and House of
outreach activities to Filipinos within their jurisdictions.
B. Registration of Voters; Inclusion and Representatives of the Philippines in Congress
Exclusion Proceedings (R.A. No. 8189; R.A. "(g) Municipal/City/District Registry of Overseas Voters
assembled:
No. 10367) (ROV) refers to the consolidated list prepared,
1. Overseas Absentee Voting – R.A. No. approved and maintained by the Commission for every
Section 1. Section 1 of Republic Act No. 9189 is hereby
9189; R.A. No. 10590 municipality/city/district of overseas voters whose
amended to read as follows:
applications for registration as such, including those
registered voters under Republic Act No. 8189, 'Voter's
"SECTION 1. Short Title. - This Act shall be known as 'The
Registration Act of 1996′, who applied for certification
Overseas Voting Act of 2013′."
as overseas voters, have been approved by the
Election Registration Board and/or resident Election
Section 2. Section 3 of Republic Act No. 9189 is hereby
Registration Board.
amended to read as follows:
"(h) National Registry of Overseas Voters (NROV) refers
"SEC. 3. Definition of Terms. - For purposes of this Act:
to the consolidated list prepared, approved and
"(a) Certified List of Overseas Voters (CLOV) refers to the
maintained by the Commission of overseas voters
list of registered overseas voters whose applications to
whose applications for registration as overseas voters,
vote overseas have been approved by the Commission,
including those registered voters under Republic Act
said list to be prepared by the Office for Overseas Voting
No. 8189 who have applied to be certified as overseas
of the Commission, on a country-by-country and post-by-
voters, have been approved by the resident Election
post basis. The list shall be approved by the Commission
Registration Board, indicating the post where the
in an en banc resolution.
overseas voter is registered.
"(b) Commission refers to the Commission on Elections.
"(i) Office for Overseas Voting (OFOV) refers to the
"(c) Day of Election refers to the actual date of elections
Office of the Commission tasked to oversee and
in the Philippines.
supervise the effective implementation of the Overseas
"(d) Department of Foreign Affairs Overseas Voting
Voting Act.
Secretariat (DFA-OVS) refers to the secretariat based at
"(j) Overseas Voter refers to a citizen of the Philippines
the Department of Foreign Affairs (DFA) home office
who is qualified to register and vote under this Act, not
tasked to assist the Office for Overseas Voting (OFOV)
otherwise disqualified by law, who is abroad on the day
under the Commission, and to direct, coordinate and
of elections.
oversee the participation of the DFA in the
"(k) Overseas Voting refers to the process by which
implementation of the Overseas Voting Act.
qualified citizens of the Philippines abroad exercise
"(e) Field Registration refers to the conduct of
their right to vote.
registration of overseas voters at predetermined
"(l) Posts refer to the Philippine embassies, consulates,
locations, either in the Philippines, as may be determined
foreign service establishments and other Philippine
by the Commission, or outside the posts, upon the
government agencies maintaining offices abroad and
favorable recommendation of the DFA-OVS, both being of
having jurisdiction over the places where the overseas
limited duration and based on the guidelines prescribed
voters reside.
by the Commission for that exclusive purpose; the
government shall not collect fees for the same.

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 "(m) Resident Election Registration Board (RERB) refers to
the in-house Election Registration Board in every post and
in the OFOV, which processes, approves or disapproves all
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applications for registration and/or certification as
"(c) Those who have committed and are convicted in a
overseas voters, including the deactivation, reactivation
final judgment by a Philippine court or tribunal of an
X. ELECTION LAW and cancellation of registration records.
"(n) Seafarers refer to ship officers and ratings manning
offense punishable by imprisonment of not less than
ships, including offshore workers, service providers and one (1) year, such disability not having been removed
fishermen, as denned in the revised rules on the issuance by plenary pardon or amnesty: Provided, however, That
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A. of seafarer's identification and record book of the Maritime any person disqualified to vote under this subsection
No. 10367)
Industry Authority. shall automatically acquire the right to vote upon the
1. Overseas Absentee Voting – R.A. No. "(o) Special Ballot Reception and Custody Group (SBRCG) expiration of five (5) years after service of sentence;
9189; R.A. No. 10590
refers to the group constituted by the Commission to and
receive and take custody of all accountable and other "(d) Any citizen of the Philippines abroad previously
election forms, supplies and paraphernalia from the OFOV declared insane or incompetent by competent authority
for transmittal to the Special Board of Election Inspectors in the Philippines or abroad, as verified by the
and Special Board of Canvassers. Philippine embassies, consulates or foreign service
"(p) Special Board of Canvassers (SBOC) refers to the body establishments concerned, unless such competent
deputized by the Commission to canvass the overseas authority subsequently certifies that such person is no
voting election returns submitted to it by the Special Board longer insane or incompetent."
of Election Inspectors.
"(q) Special Board of Election Inspectors (SBEI) refers to Section 5. Section 6 of the same Act is hereby
the body deputized by the Commission to conduct the amended to read as follows:
voting and counting of votes. "SEC. 6. Personal Overseas Registration and/or
"(r) Voting Period refers to a continuous thirty (30)-day Certification. - Registration and/or certification as an
period, the last day of which is the day of election, overseas voter shall be done in person at any post
inclusive of established holidays in the Philippines and of abroad or at designated registration centers outside
such other holidays in the host countries." the post or in the Philippines approved by the
Commission.
Section 3. Section 4 of the same Act is hereby amended to "Field and mobile registration centers shall be set up
read as follows: by the posts concerned to ensure accessibility by the
"SEC. 4. Coverage. - All citizens of the Philippines abroad, overseas voters.
who are not otherwise disqualified by law, at least "All applicants shall submit themselves for live capture
eighteen (18) years of age on the day of elections, may of their biometrics.
vote for President, Vice-President, Senators and Party-List "The Commission shall issue an overseas voter
Representatives, as well as in all national referenda and identification card to those whose applications to vote
plebiscites." have been approved."

Section 4. Section 5 of the same Act is hereby amended to Section 6. A new Section 7 of the same Act is hereby
read as follows: inserted to read as follows:
"SEC. 5. Disqualifications. - The following shall be
"SEC. 7. Resident Election Registration Board (RERB);
disqualified from registering and voting under this Act:
Composition, Appointment, Disqualification and
"(a) Those who have lost their Filipino citizenship in
Compensation. - The RERB shall be composed of the
accordance with Philippine laws;
following:
"(b) Those who have expressly renounced their Philippine
"(a) A career official of the DFA, as Chairperson;
citizenship and who have pledged allegiance to a foreign
country, except those who have reacquired or retained
their Philippine citizenship under Republic Act No. 9225,
otherwise known as the 'Citizenship Retention and
www.lexmond.ph Reacquisition Act of 2003′; 91
Political Law
 "(b) The most senior officer from the Department of Labor
and Employment (DOLE) or any government agency of the
Philippines maintaining offices abroad, as member:
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Provided, That in case of disqualification or nonavailability
"(f) Deactivate the registration records of overseas
of the most senior officer from the DOLE or any
voters; and
X. ELECTION LAW government agency of the Philippines maintaining offices
abroad, the Commission shall designate a career official
"(g) Perform such other duties as may be consistent
from the embassy or consulate concerned; and with its functions as provided under this Act."
B. Registration of Voters; Inclusion and "(c) A registered overseas voter of known probity, as
Exclusion Proceedings (R.A. No. 8189; R.A. member. Section 8. A new Section 9 of the same Act is hereby
No. 10367) inserted to read as follows:
1. Overseas Absentee Voting – R.A. No. "The Commission shall appoint the members of the RERB "SEC. 9. Petition for Exclusion, Motion for
9189; R.A. No. 10590
upon the recommendation of the DFA-OVS. Reconsideration, Petition for Inclusion. -
"9.1. Petition for Exclusion. - If the application has been
"The RERB in the OFOV shall be based in the main office of approved, any interested party may file a petition for
the Commission and shall be composed of a senior official exclusion not later than one hundred eighty (180) days
of the Commission as the Chairperson and one (1) member before the start of the overseas voting period with the
each from the DFA and the DOLE, whose rank shall not be proper Municipal/Metropolitan Trial Court in the City of
lower than a division chief or its equivalent. Manila or where the overseas voter resides in the
Philippines, at the option of the petitioner.
"No member of the RERB shall be related to each other or "The petition shall be decided on the basis of the
to an incumbent President, Vice-President, Senator or documents submitted within fifteen (15) days from its
Member of the House of Representatives representing the filing, but not later than one hundred twenty (120) days
party-list system of representation, within the fourth civil before the start of the overseas voting period. Should
degree of consanguinity or affinity. the Court fail to render a decision within the prescribed
period, the ruling of the RERB shall be considered
"Each member of the RERB shall be entitled to an affirmed.
honorarium at the rates approved by the Department of "9.2. Motion for Reconsideration. - If the application has
Budget and Management (DBM)." been disapproved, the applicant or the authorized
representative shall have the right to file a motion for
Section 7. A new Section 8 of the same Act is hereby reconsideration before the RERB within a period of five
inserted to read as follows: (5) days from receipt of the notice of disapproval. The
"SEC. 8. Duties and Functions of the RERB. - The RERB shall motion shall be decided within five (5) days after its
have the following duties and functions: filing on the basis of documents submitted but not later
"(a) Post in the bulletin boards of the embassy or than one hundred twenty (120) days before the start of
consulates or at the OFOV, as the case may be, and in the overseas voting period. The resolution of the RERB
their respective websites, the names of the applicants and shall be immediately executory, unless reversed or set
the dates when their applications shall be heard, as well as aside by the Court.
the place where the RERB will hold its hearing; "9.3. Petition for Inclusion. - Within ten (10) days from
"(b) Notify, through the OFOV, all political parties and other receipt of notice denying the motion for
parties concerned of the pending applications through a
reconsideration, the applicant may file a petition for
weekly updated publication in the website of the
inclusion with the proper Municipal/Metropolitan Trial
Commission;
Court in the City of Manila or where the overseas voter
"(c) Act on all applications received;
resides in the Philippines, at the option of the
"(d) Notify all applicants, whose applications have been
petitioner.
disapproved, stating the reasons for such disapproval;
"(e) Prepare a list of all approved applications during each
hearing and post the same at the bulletin boards of the
embassy or consulates or at the OFOV, as the case may
www.lexmond.ph be, and in their respective websites; 92
Political Law
 "The petition shall be decided on the basis of the
documents submitted within fifteen (15) days from filing,
but not later than one hundred twenty (120) days before
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the start of the overseas voting period. Should the Court
"Pre-departure Orientation Seminars (PDOS), services
fail to render a decision within the, prescribed period, the
and mechanisms offered and administered by the DFA,
X. ELECTION LAW RERB ruling shall be considered affirmed.
"Qualified Philippine citizens abroad who have previously
the DOLE, the Philippine Overseas Employment
registered as voters pursuant to Republic Act No. 8189, Administration (POEA), the Overseas Workers' Welfare
otherwise known as the 'Voter's Registration Act of 1996′, Administration (OWWA), the Commission on Filipinos
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A. shall apply for certification as overseas voters and for Overseas and by other appropriate agencies of the
No. 10367)
inclusion in the NROV. In case of approval, the Election government and private agencies providing the same
1. Overseas Absentee Voting – R.A. No. Officer concerned shall annotate the fact of services shall include the salient features of this Act
9189; R.A. No. 10590
registration/certification as overseas voter before the and shall be utilized for purposes of supporting the
voter's name as appearing in the certified voters' list and in overseas registration and voting processes.
the voter's registration records."
"All employment contracts processed and approved by
Section 9. A new Section 10 of the same Act is hereby the POEA shall state the right of migrant workers to
inserted to read as follows: exercise their constitutional right of suffrage within the
"SEC. 10. Transfer of Registration Record. - In the event of limits provided for by this Act."
change of voting venue, an application for transfer of
registration record must be filed by the overseas voter Section 11. Section 8 of the same Act is hereby
with the OFOV, through its Chairperson, at least one renumbered as Section 12 and is amended to read as
hundred eighty (180) days prior to the start of the overseas follows:
voting period: Provided, That those who would eventually "SEC. 12. Requirements for Registration. - Every Filipino
vote in the Philippines should register within the time frame registrant shall be required to furnish the following
provided for local registration in the municipality, city or documents:
district where they intend to vote: Provided, further, That "(a) A valid Philippine passport. In the absence of a
those who have registered in the municipality, city or valid passport, a certification of the DFA that it has
district where they resided prior to their departure abroad reviewed the appropriate documents submitted by the
need not register anew: Provided, finally, That transferees applicant and has found them sufficient to warrant the
shall notify the OFOV, through its Chairperson, of their issuance of a passport, or that the applicant is a holder
transfer back to the Philippines at least one hundred eighty of a valid passport but is unable to produce the same
(180) days prior to the next national elections for purposes for a valid reason;
of cancelling their names from the CLOV and of removing "(b) Accomplished registration form prescribed by the
their overseas voter's registration from the book of voters." Commission; and
"(c) Applicants who availed themselves of the 'Citizen
Section 10. Section 7 of the same Act is hereby Retention and Reacquisition Act' (Republic Act No.
renumbered as Section 11 and is amended to read as 9225) shall present the original or certified true copy
follows: of the order of approval of their application to retain or
"SEC. 11. System of Continuing Registration. - The reacquire their Filipino citizenship issued by the post or
Commission shall ensure that the benefits of the system of
their identification certificate issued by the Bureau of
continuing registration are extended to qualified overseas
Immigration.
voters. Registration shall commence not later than six (6)
months after the conduct of the last national elections.
"The Commission may also require, additional data to
Towards this end, the Commission shall be authorized to
facilitate registration and recording.1âwphi1 No
utilize and optimize the use of existing facilities, personnel
information other than those necessary to establish the
and mechanisms of the various government agencies for
identity and qualification of the applicant shall be
purposes of data gathering and validation, information
required.
dissemination and facilitation of the registration process.
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Political Law
 "All applications for registration and/or certification as an
overseas voter shall be considered as applications to vote
overseas. An overseas voter is presumed to be abroad
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until she/he applies for transfer of her/his registration
"The fact of deactivation shall be annotated in the
records or requests that her/his name be cancelled from
NROV and the corresponding ROV."
X. ELECTION LAW the NROV."

Section 12. Section 9 of the same Act is hereby Section 14. Section 10 of the same Act is hereby
renumbered as Section 13 and is amended to read as renumbered as Section 15.
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A. follows: "SEC. 15. Notice of Registration and Election. - The
No. 10367)
"SEC. 13. National Registry of Overseas Voters (NROV). - Commission shall, through the posts cause the
1. Overseas Absentee Voting – R.A. No. The Commission shall maintain a National Registry of publication in a newspaper of general circulation of the
9189; R.A. No. 10590
Overseas Voters or NROV containing the names of place, date and time of the holding of a regular or
registered overseas voters and the posts where they are special national election and the requirements for the
registered. participation of qualified citizens of the Philippines
"Likewise, the Commission shall maintain a registry of abroad, at least six (6) months before the date set for
voters (ROV) per municipality, city or district containing the the filing of applications for registration.
names of registered overseas voters domiciled therein. "The Commission shall determine the countries where
The Commission shall provide each and every municipality, publication shall be made, and the frequency thereof,
city or district with a copy of their respective ROVS for taking into consideration the number of overseas
their reference." Filipinos present in such countries. Likewise, the
Commission and the DFA shall post the same in their
Section 13. A new Section 14 of the same Act is hereby respective websites."
inserted to read as follows:
"SEC. 14. Deactivation of Registration. - The RERB shall Section 15. Sections 11 and 12 of the same Act are
deactivate and remove the registration records of the hereby deleted.
following persons from the corresponding book of voters
and place the same, properly marked and dated, in the Section 16. A new Section 16 of the same Act is hereby
inactive file after entering any of the following causes of inserted to read as follows:
deactivation: "SEC. 16. Reactivation of Registration. - Any overseas
"(a) Any person who has been sentenced by final judgment voter whose registration has been deactivated pursuant
by a Philippine court or tribunal to suffer imprisonment for to the preceding section may file with the RERB at any
not less than one (1) year, such disability not having been time, but not later than one hundred twenty (120) days
removed by plenary pardon or amnesty: Provided, however, before the start of the overseas voting period, a sworn
That any person disqualified to vote under this paragraph application for reactivation of registration stating that
shall automatically reacquire the right to vote upon the the grounds for the deactivation no longer exist."
expiration of five (5) years after service of sentence, as
certified by the Clerks of Courts of the Municipal, Section 17. A new Section 17 of the same Act is hereby
Municipal Circuit, Metropolitan, Regional Trial Courts or the inserted to read as follows:
Sandiganbayan; "SEC 17. Cancellation of Registration. - The RERB shall
"(b) Any person declared by competent authority to be
cancel the registration records of those who have died,
insane or incompetent, unless such disqualification has
as certified by either the posts or by the local civil
been subsequently removed by a declaration of a proper
registrar, and those who have been proven to have lost
authority that such person is no longer insane or
their Filipino citizenship."
incompetent;
"(c) Any person who did not vote in two (2) consecutive
national elections as shown by voting records; and
"(d) Any person whose registration has been ordered
excluded by the courts.
www.lexmond.ph 94
Political Law
 Section 18. A new Section 18 of the same Act is hereby
inserted to read as follows:
"SEC. 18. Voters Excluded from the NROV Through
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Inadvertence. - Any registered overseas voter whose name
Provided, That nongovernmental organizations and
has been inadvertently omitted from the NROV may,
other civil society organizations accredited by and
X. ELECTION LAW personally or through an authorized representative, file
with the RERB through the OFOV or the post exercising
working with the Commission as partners on overseas
jurisdiction over the voter's residence, an application under voters' education and participation shall be exempt
oath for reinstatement not later than one hundred twenty from the payment of fees."
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A. (120) days before the start of the voting period.
No. 10367)
"The RERB shall resolve the application within one (1) Section 21. Section 14 of the same Act is hereby
1. Overseas Absentee Voting – R.A. No. month from receipt thereof, otherwise the application shall renumbered as Section 21 and is amended to read as
9189; R.A. No. 10590
be deemed approved." follows:
"SEC. 21. Printing and Transmittal of Ballots, Voting
Section 19. A new Section 19 of the same Act is hereby Instructions, Election Forms and Paraphernalia. -
inserted to read as follows: "21.1. The Commission shall cause the printing of
"SEC. 19. Application for Correction of Entries and Change ballots for overseas voters, and all other accountable
of Name. - Any registered overseas voter who intends to election forms in such number as may be necessary,
change her/his name by reason of marriage, death of but in no case shall these exceed the total number of
husband, or final court judgment; or to correct a mispelled approved applications. Security markings shall be used
name or any erroneous entry in the NROV, CLOV and in the printing of ballots for overseas voters.
voter's identification card may, personally or through an
authorized representative, file an application under oath "21.2. The Commission shall present to the authorized
for change of name or correction of entries with the RERB representatives of the DFA and of the accredited major
through the OFOV or the post exercising jurisdiction over political parties the ballots for overseas voters, voting
the voter's residence not later than ninety (90) days before instructions, election forms and other election
the start of the voting period. paraphernalia for scrutiny and inspection prior to their
transmittal to the posts.
"The RERB shall resolve the application within one (1)
month from receipt thereof, otherwise the application shall "21.3. The Commission shall transmit, as far as
be deemed approved." practicable, but not later than forty-five (45) days
before the day of elections, by special pouch to all
Section 20. Section 13 of the same Act is hereby posts the exact number of ballots for overseas voters
renumbered as Section 20 and is amended to read as corresponding to the number of approved applications,
follows: along with such accountable forms necessary to
"SEC. 20. Preparation and Posting of Certified List of ensure the secrecy and integrity of the election.
Overseas Voters. - The Commission shall prepare the
Certified List of Overseas Voters or CLOV not later than "21.4. The authorized representatives of accredited
ninety (90) days before the start of the overseas voting major political parties shall have the right to be present
period, and furnish within the same period electronic and in all phases of printing, transmittal, and casting of
hard copies thereof to the appropriate posts, which shall
mailed ballots abroad. Unclaimed ballots properly
post the same in their bulletin boards and/or websites
marked as such, shall be cancelled and shipped to the
within ten (10) days from receipt thereof.
Commission by the least costly method."

"Subject to reasonable regulation and the payment of fees

in such amounts as may be fixed by the Commission, the
candidates, political parties, accredited citizens' arms, and
all other interested persons shall be furnished copies
thereof:
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Political Law
 Section 22. Section 15 of the same Act is hereby
renumbered as Section 22 and is amended to read as
follows:
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"SEC. 22. Regulation on Campaigning Abroad. - Personal
"24.3. The overseas voter shall cast her/his ballot,
campaigning, the use of campaign materials, as well as the
upon presentation of the voter identification card
X. ELECTION LAW limits on campaign spending shall be governed by the laws
and regulations applicable in the Philippines: Provided,
issued by the Commission or such other documents
That all forms of campaigning abroad within the thirty (30)- deemed by the SBEI at the post as sufficient to
day overseas voting period shall be prohibited." establish the voter's identity.
B. Registration of Voters; Inclusion and
Exclusion Proceedings (R.A. No. 8189; R.A.
No. 10367)
Section 23. A new Section 23 of the same Act is hereby "24.4. x x x
1. Overseas Absentee Voting – R.A. No. inserted to read as follows:
9189; R.A. No. 10590
"SEC. 23. Voting. - Voting may be done either personally, "24.5. The posts concerned shall keep a complete
by mail or by any other means as may be determined by record of the ballots for overseas voters, specifically
the Commission. For this purpose, the Commission shall indicating the number of ballots they actually received,
issue the necessary guidelines on the manner and and in cases where voting by mail is allowed under
procedures of voting. Section 25 hereof, the names and addresses of the
voters to whom these ballots were sent, including
"The OFOV, in consultation with the DFA-OVS, shall proof of receipt thereof. In addition, the posts shall
determine the countries where voting shall be done by any submit a formal report to the Commission and the Joint
specific mode, taking into consideration the minimum Congressional Oversight Committee created under this
criteria enumerated under this Act which shall include the Act within thirty (30) days from the day of elections.
number of registered voters, accessibility of the posts, Such report shall contain data on the number of ballots
efficiency of the host country's applied system and such cast and received by the offices, the number of invalid
other circumstances that may affect the conduct of voting. and unclaimed ballots and other pertinent data.
"The Commission shall announce the specific mode of
voting per country/post at least one hundred twenty (120) "24.6. Ballots not claimed by the overseas voters at the
days before the start of the voting period." posts, in case of personal voting, and ballots returned
to the posts concerned, in the case of voting by mail,
Section 24. Section 16 of the same Act is hereby shall be cancelled and shipped to the Commission by
renumbered as Section 24 and is amended to read as the least costly method within six (6) months from the
follows: day of elections.
"SEC. 24. Casting and Submission of Ballots. -
"24.1. Upon receipt by the SBEI of the ballots for overseas "24.7. Only ballots cast, and mailed ballots received by
voters, voting instructions, election forms and other the posts concerned in accordance with Section 25
paraphernalia, they shall make these available on the hereof before the close of voting on the day of
premises to the qualified overseas voters in their elections shall be counted in accordance with Section
respective jurisdictions during the thirty (30) days before 27 hereof. All envelopes containing the ballots
the day of elections when overseas voters may cast their received by the posts after the prescribed period shall
vote. Immediately upon receiving it, the overseas voter not be opened, and shall be cancelled and shipped to
must fill-out her/his ballot personally, in secret, without
the Commission by the least costly method within six
leaving the premises of the posts concerned.
(6) months from the day of elections.

"24.2. The overseas voter shall personally accomplish

"24.8. A special ballot Reception and Custody Group
her/his ballot at the post that has jurisdiction over the
composed of three (3) members shall be constituted by
country where she/he temporarily resides or at any polling
the Commission from among the staff of the posts
place designated and accredited by the Commission.
concerned, including their attached agencies, and

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Political Law
 citizens of the Philippines abroad, who will be deputized to
receive ballots and take custody of the same preparatory
to their transmittal to the SBEI.
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"24.9. x x x
"27.2. For these purposes, the Commission shall
"24.10. x x x."
constitute as many SBEIs as may be necessary to
X. ELECTION LAW
conduct and supervise the counting of votes as
Section 25. Section 17 of the same Act is hereby
provided in Section 27.2 hereof. The SBEIs to be
renumbered as Section 25 and is amended to read as
constituted herein shall be composed of a Chairman and
B. Registration of Voters; Inclusion and follows:
Exclusion Proceedings (R.A. No. 8189; R.A. "SEC. 25. Voting by Mail. - two (2) members, one (1) of whom shall be designated
No. 10367)
"25.1. x x x as poll clerk. The ambassador or consul-general, or any
1. Overseas Absentee Voting – R.A. No. "(a) x x x; career public officer posted abroad designated by the
9189; R.A. No. 10590
"(b) x x x; and Commission, as the case may be, shall act as the
"(c) x x x. Chairman; in the absence of other government officers,
the two (2) other members shall be citizens of the
"25.2. The overseas voter shall send her/his accomplished Philippines who are qualified to vote under this Act and
ballot to the corresponding post that has jurisdiction over deputized by the Commission not later than sixty (60)
the country where she/he temporarily resides. She/He days before the day of elections. All resolutions of the
shall be entitled to cast her/his ballot at any time upon SBEIs on issues brought before it during the conduct of
her/his receipt thereof: Provided, That the same is its proceedings shall be valid only when they carry the
received before the close of voting on the day of approval of the Chairman.
elections. The overseas absentee voter shall be instructed "Immediately upon the completion of the counting, the
that her/his ballot shall not be counted if not transmitted in SBEIs shall transmit via facsimile and/or electronic mail
the special envelope furnished her/him. the results to the Commission in Manila and the
accredited major political parties.
"25.3. Only mailed ballots received by the post before the "x x x
close of voting on the day of elections shall be counted in "27.3. x x x
accordance with Section 27 hereof. All envelopes "27.4. The SBOC composed of the highest ranking
containing the ballots received by the posts after the officer of the post as Chairperson, a senior career
prescribed period shall not be opened, and shall be officer from any of the government agencies maintaining
cancelled and disposed of appropriately, with a a post abroad and, in the absence of another
corresponding report thereon submitted to the Commission government officer, a citizen of the Philippines qualified
not later than thirty (30) days from the day of elections." to vote under this Act and deputized by the
Commission, as vice chairperson and member-
Section 26. A new Section 26 of the same Act is hereby secretary, respectively, shall be constituted to canvass
inserted to read as follows: the election returns submitted to it by the SBEIs.
"SEC. 26. Voting Privilege of Members of the SBEI, SBRCG Immediately upon the completion of the canvass, the
and SBOC. - Government employees posted abroad who chairperson of the SBOC shall transmit via facsimile,
will perform election duties as members of the SBEI, electronic mail, or any other means of transmission
SBCRG and SBOC shall be allowed to vote in their equally safe and reliable the Certificates of Canvass
respective posts: Provided, That they are registered either and the Statements of Votes to the Commission, and
in the Philippines or as overseas voters." shall cause to preserve the same immediately after the
conclusion of the canvass, and make it available upon
Section 27. Section 18 of the same Act is hereby instructions of the Commission. The SBOC shall also
renumbered as Section 27 and is amended to read as furnish the accredited major political parties and
follows: accredited citizens' arms with copies thereof via
"SEC. 27. On-Site Counting and Canvassing. - facsimile, electronic mail and any other means of
"27.1. x x x transmission equally safe, secure and reliable.

www.lexmond.ph 97
Political Law
 "x x x
"27.5. x x x
"27.6. x x x. For purposes of this Act, the returns of every
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election for President and Vice-President prepared by the
"SEC. 31. Creation of the Department of Foreign Affairs
SBOCs shall be deemed a certificate of canvass of a city
Overseas Voting Secretariat (DFA-OVS). - A secretariat
X. ELECTION LAW or a province.
based in the DFA home office is hereby created to
"27.7. x x x."
assist the OFOV, and to direct, coordinate and oversee
the participation of the DFA in the implementation of
B. Registration of Voters; Inclusion and Section 28. A new Section 28 of the same Act is hereby
Exclusion Proceedings (R.A. No. 8189; R.A. the Overseas Voting Act: Provided, That its secretariat
inserted to read as follows:
No. 10367) shall come from the existing secretariat personnel of
"SEC. 28. Authority to Explore Other Modes or Systems
1. Overseas Absentee Voting – R.A. No. the DFA."
9189; R.A. No. 10590
Using Automated Election System. - Notwithstanding
current procedures and systems herein provided, for the
Section 32. Section 19 of the same Act is hereby
proper implementation of this Act and in view of the
deleted.
peculiarities attendant to the overseas voting process,
the Commission may explore other more efficient,
Section 33. Section 20 of the same Act is hereby
reliable and secure modes or systems, ensuring the
renumbered as Section 32 and is amended to read as
secrecy and sanctity of the entire process, whether
follows:
paper-based, electronic-based or internet-based
"SEC. 32. Information Campaign. - The Commission, in
technology or such other latest technology available, for
coordination with agencies concerned, shall undertake
onsite and remote registration and elections and submit
an information campaign to educate the public on the
reports and/or recommendations to the Joint
manner of overseas voting for qualified overseas
Congressional Oversight Committee."
voters. It may require the support and assistance of the
DFA, through the posts, the DOLE, the Department of
Section 29. A new Section 29 of the same Act is hereby
Transportation and Communications (DOTC), the
inserted to read as follows:
Philippine Postal Corporation (PPC), the POEA, the
"SEC. 29. Procurement of Facilities, Equipment, Materials,
OWWA and the Commission on Filipinos Overseas.
Supplies or Services. - To achieve the purpose of this
Act, the Commission may, likewise, procure from local or
Such information campaign shall educate the Filipino
foreign sources, through purchase, lease, rent or other
public, within and outside the Philippines, on the
forms of acquisition, hardware or software, facilities,
Philippine Electoral System, the rights of overseas
equipment, materials, supplies or services in accordance
voters, overseas voting processes and other related
with existing laws, free from taxes and import duties,
concerns. Information materials shall be developed by
subject to government procurement rules and
the Commission for distribution, through the said
regulations."
government agencies and private organizations. No
government agency shall prepare, print, distribute or
Section 30. A new Section 30 of the same Act is hereby
post any information material without the prior approval
inserted to read as follows:
of the Commission."
"SEC. 30. Establishment of an Office for Overseas Voting
(OFOV) Under the Commission. - The Commission is
Section 34. Section 21 of the same Act is hereby
hereby authorized to establish an OFOV tasked
renumbered as Section 33.
specifically to oversee and supervise the effective
implementation of the Overseas Voting Act: Provided,
Section 35. Section 22 of the same Act is hereby
That its secretariat shall come from the existing
renumbered as Section 34 and is amended to read as
secretariat personnel of the Commission on Elections."
follows:

Section 31. A new Section 31 of the same Act is hereby

inserted to read as follows:
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Political Law
 "SEC. 34. Assistance from Government Agencies. - All
government officers, particularly from the DFA, the DOLE,
the DOTC, the PPC, the POEA, the OWWA, the
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Commission on Filipinos Overseas and other government
"36.1. For any officer or employee of the Philippine
offices concerned with the welfare of the Filipinos
government to influence or attempt to influence any
X. ELECTION LAW overseas shall, to the extent compatible with their
person covered by this Act to vote, or not to vote, for a
primary responsibilities, assist the Commission in carrying
particular candidate. Nothing in this Act shall be
out the provisions of this Act. All such agencies or
deemed to prohibit free discussion regarding politics or
B. Registration of Voters; Inclusion and officers thereof shall take reasonable measures to
Exclusion Proceedings (R.A. No. 8189; R.A. candidates for public office;
expedite all election activities, which the Commission
No. 10367) "36.2. For any person to deprive another of any right
shall require of them. When necessary, the Commission
1. Overseas Absentee Voting – R.A. No. secured in this Act, or to give false information as to
may send supervisory teams headed by career officers to
9189; R.A. No. 10590 one's name, address, or period of residence for the
assist the posts.
purposes of establishing the eligibility or ineligibility to
register or vote under this Act; or to conspire with
"Likewise, consular and diplomatic services rendered in
another person for the purpose of encouraging the
connection with the overseas voting processes shall be
giving of false information in order to establish the
made available at no cost to the overseas voters."
eligibility or ineligibility of any individual to register or
vote under this Act; or, to pay, or offer to pay, or to
Section 36. Section 23 of the same Act is hereby
accept payment either for application for registration,
renumbered as Section 35 and is amended to read as
or for voting;
follows:
"36.3. For any person to steal, conceal, alter, destroy,
"SEC. 35. Security Measures to Safeguard the Secrecy
mutilate, manipulate, or in any way tamper with the mail
and Sanctity of Ballots. - At all stages of the electoral
containing the ballots for overseas voters, the ballot,
process, the Commission shall ensure that the secrecy
the election returns, or any record, document or paper
and integrity of the ballots are preserved. The OFOV of
required for purposes of this Act;
the Commission shall be responsible for ensuring the
"36.4. For any deputized agent to refuse without
secrecy and sanctity of the overseas voting process. In
justifiable ground, to serve or continue serving, or to
the interest of transparency, all necessary and
comply with one's sworn duties after acceptance of the
practicable measures shall be adopted to allow
deputization;
representation of the candidates, accredited major
"36.5. For any public officer or employee or accredited
political parties, accredited citizens' arms and
or deputized organization or association to cause the
nongovernment organizations to assist, and intervene in
preparation, printing, distribution or posting of
appropriate cases, in all stages of the electoral exercise
information or material, without the prior approval of
and to prevent any and all forms of fraud and coercion.
the Commission;
"36.6. For any public officer or employee to cause the
"No officer or member of the foreign service corps,
transfer, promotion, extension, recall of any member of
including those belonging to attached agencies shall be
the foreign service corps, including members of the
transferred, promoted, extended, recalled or otherwise
attached agencies, or otherwise cause the movement
moved from his current post or position one (1) year
of any such member from the current post or position
before and three (3) months after the day of elections,
one (1) year before and three (3) months after the day
except upon the approval of the Commission."
of elections, without securing the prior approval of the
Commission;
Section 37. Section 24 of the same Act is hereby
"36.7. For any person who, after being deputized by the
renumbered as Section 36 and is amended to read as
Commission to undertake activities in connection with
follows:
the implementation of this Act, shall campaign for or
"SEC. 36. Prohibited Acts. - In addition to the prohibited
assist, in whatever manner, candidates in the elections;
acts provided by law, it shall be unlawful:

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Political Law
 "36.8. For any person to engage in partisan political
activity abroad during the thirty (30)-day overseas voting
period;
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"36.9. For any person who is not a citizen of the
Section 39. Sections 26, 27 and 28 of the same Act are
Philippines to participate, by word or deed, directly or hereby renumbered as Sections 38, 39 and 40, respectively.
X. ELECTION LAW indirectly through qualified organizations/associations, in
any manner and at any stage of the Philippine political Section 40. Section 29 of the same Act is hereby renumbered
process abroad, including participation in the campaign as Section 41 and is amended to read as follows:
B. Registration of Voters; Inclusion and and elections. "SEC. 41. Appropriations. - The amount necessary to carry out
Exclusion Proceedings (R.A. No. 8189; R.A.
"The provision of existing laws to the contrary the provisions of this Act shall be included in the budgets of
No. 10367)
the Commission on Elections and the DFA in the annual
notwithstanding, and with due regard to the Principle of
1. Overseas Absentee Voting – R.A. No. General Appropriations Act."
9189; R.A. No. 10590
Double Criminality, the prohibited acts described in this
section are electoral offenses and shall be punishable in Section 41. Implementing Rules and Regulations. - The
the Philippines. Commission shall promulgate rules and regulations for the
"The penalties imposed under Section 264 of the implementation and enforcement of the provisions of this Act
Omnibus Election Code, as amended, shall be imposed on within sixty (60) days from the effectivity thereof.
any person found guilty of committing any of the
prohibited acts as defined in this section: Provided, That In the formulation of the rules and regulations, the
Commission shall coordinate with the DFA, the DOLE, the
the penalty of prision mayor in its minimum period shall
POEA, the OWWA and the Commission on Filipinos Overseas.
be imposed upon any person found guilty under Section
Nongovernment organizations and accredited Filipino
36.3 hereof without the benefit of the operation of the organizations or associations abroad shall be consulted.
Indeterminate Sentence Law. If the offender is a public
officer or a candidate, the penalty shall be prision mayor Section 42. Amending Clause. - Consistent with the
in its maximum period. In addition, the offender shall be amendments introduced by this Act, Section 2 of Republic Act
sentenced to suffer perpetual disqualification to hold No. 9189, on the declaration of policy, is, hereby amended to
public office and deprivation of the right to vote." read as follows:
"SEC. 2. Declaration of Policy. - It is the prime duty of the
Section 38. Section 25 of the same Act is hereby
State to provide a system of honest and orderly overseas
renumbered as Section 37 and is amended to read as
voting that upholds the secrecy and sanctity of the ballot.
follows: Towards this end, the State ensures equal opportunity to all
"SEC. 37. Joint Congressional Oversight Committee. - A qualified citizens of the Philippines abroad in the exercise of
Joint Congressional Oversight Committee is hereby this fundamental right."
created, composed of the Chairperson of the Senate
Committee on Constitutional Amendments, Revision of Section 43. Separability Clause. - If any part or provision of
Codes and Laws, and seven (7) other Senators designated this Act shall be declared unconstitutional or invalid, the other
provisions hereof which are not affected thereby shall
by the Senate President, and the Chairperson of the
continue to be in full force and effect.
House Committee on Suffrage and Electoral Reforms, and
seven (7) other Members of the House of Representatives Section 44. Repealing Clause. - All laws, presidential decrees,
designated by the Speaker of the House of executive orders, rules and regulations, other issuances and
Representatives: Provided, That, of the seven (7) parts thereof which are inconsistent with the provisions of this
members to be designated by each House of Congress, Act are hereby repealed or modified accordingly.
four (4) should come from the majority to include the
chair of the Committee on Foreign Affairs and the Section 45. Effectivity Clause. - This Act shall take effect
fifteen (15) days after its publication in the Official Gazette or
remaining three (3) from the minority.
in at least two (2) newspapers of general circulation.
"The Joint Congressional Oversight Committee shall have
the power to monitor and evaluate the implementation of
this Act."

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Political Law
 EXECUTIVE ORDER NO. 157
PROVIDING FOR ABSENTEE VOTING BY OFFICERS AND
EMPLOYEES OF GOVERNMENT WHO ARE AWAY FROM THE
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PLACE OF THEIR REGISTRATION BY REASON OF OFFICIAL
FUNCTIONS ON ELECTION DAY Sec. 5. Upon verification of the applications, the Commission
shall transmit the exact number of absentee ballots to the
X. ELECTION LAW WHEREAS, under the electoral law now in force the rule is that a appropriate head of the government office for distribution to the
person has to be physically present in the polling place whereof applicants.
he is a registered voter in order to be able to vote;
B. Registration of Voters; Inclusion and
Sec. 6. The head of the office shall prepare a sworn report on
Exclusion Proceedings (R.A. No. 8189; R.A. WHEREAS, the only exception is that established by Section 169 the manner of distribution of the absentee ballots, indicating
No. 10367) therein the number of ballots transmitted to each province, the
of Batas Pambansa Blg. 881, which allows members of the board
names of the persons to whom the absentee ballots are
1. Overseas Absentee Voting – R.A. No. of election inspectors to vote in the polling place where they are
9189; R.A. No. 10590 delivered, and the serial numbers of ballots. It shall be
assigned on election day, under certain conditions;
accompanied by a certificate of eligibility to vote absentee for
2. Local Absentee Voting – E.O. No. 157, each particular voter.
Series of 1987; R.A. No. 7166, sec. 12; R.A. WHEREAS, there are other persons who, by reason of public
No. 10380 functions and duties, are assigned on election day in places
Sec. 7. For the purpose of the 1987 congressional election, the
other than their place of registration, and under existing rules, absentee voters shall vote only for candidates for senator.
are thus unable to vote; Sec. 8. The voters who cast absentee votes shall vote one week
before election day. They shall do so by delivering to the
WHEREAS, the democratic principle requires the broadest Commission on Elections Regional Director, or the Provincial
participation in electoral and similar exercises by persons who Election Supervisor or the City or Municipal Election Registrar of
have all the qualifications and none of the disqualifications to the place of their assignment ballot within two security
vote; envelopes, the one containing the absentee ballots indicating
only that it is an envelope of the Commission on Elections, and
WHEREAS, government officials and employees who are the other envelope indicating the name of the absentee voter
assigned to places other than their place of registration must not and his/her affidavit number.
be deprived of their right to participate in electoral exercises;
Sec. 9. The Commission on Elections official concerned to whom
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the the absentee vote is delivered shall immediately transmit by the
Philippines, do hereby order: fastest means available to the Commission on Elections the
special Commission on Elections absentee ballot within two
Sec. 1. Any person who by reason of public functions and duties, security envelopes so that the same are in the central office of
is not in his/her place of registration on election day, may vote in the Commission one day before the elections.
the city/municipality where he/she is assigned on election day:
Provided, That he/she is a duly registered voter. The transmittal letter shall indicate the names of the persons
who cast the absentee votes, their voters' affidavit numbers and
their certificates of eligibility to vote absentee.
Sec. 2. Thirty (30) days before the election, the appropriate head
of office shall submit to the Commission on Elections a list of
Sec. 10. The Commission on Elections shall canvass the votes
officers and employees of the office who are registered voters,
cast by absentee voters and shall add the results of the same to
and who, by reason of their duties and functions, will be in
the votes reported throughout the country.
places other than their place of registration, and who desire to
exercise their right to vote, with the request that said officers
Sec. 11. The Commission shall promulgate the necessary rules
and employees be provided with application forms to cast and regulations to implement this Executive Order.
absentee ballots in their place of assignment.
The list and the request shall be under oath. Sec. 12. Section 169 of Batas Pambansa Blg. 881 shall remain in
force and effect, and shall continue to govern the voting
Sec. 3. Upon verification by the Commission on Elections that the privilege of members of the Board of Election Inspectors. All
persons included in the list are qualified voters, it shall transmit laws, orders, issuances, rules and regulations or parts thereof
the exact number of application forms to the head of the office inconsistent with this Executive Order are hereby repealed or
making the request. modified accordingly.

Sec. 4. The application forms shall be returned only Sec. 13. This Executive Order shall take effect immediately.
accomplished to the Commission on Elections not later than April
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Political Law
 Republic Act No. 7166
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND
LOCAL ELECTIONS AND FOR ELECTORAL REFORMS,
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AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR
Section 4. Appropriations. – The initial funding of this
OTHER PURPOSES
Act shall be charged against the current year’s
X. ELECTION LAW
appropriations or from any available savings of the
Section 12. Absentee Voting. - Absentee voting as
Commission on Elections. Thereafter, such amount as
provided for in Executive Order No. 157 dated March 30,
may be necessary for the continued implementation of
B. Registration of Voters; Inclusion and 1987 shall apply to the elections for President, Vice-
Exclusion Proceedings (R.A. No. 8189; R.A. this Act shall be included in the annual General
President and Senators only and shall be limited to
No. 10367) Appropriations Act.
members of the Armed Forces of the Philippines and the
2. Local Absentee Voting – E.O. No. 157,
Philippine National Police and other government officers
Series of 1987; R.A. No. 7166, sec. 12; R.A. Section 5. Separability Clause. – If any part or provision
No. 10380 and employees who are duly registered voters and who,
of this Act shall be declared unconstitutional or invalid,
on election day, may temporarily be assigned in
3. Persons Deprived of Liberty Voting – other provisions hereof which are not affected thereby
COMELEC Resolution No. 9371, as may be connection with the performance of election duties to
amended shall continue to be in full force and effect.
place where they are not registered voters.
Section 6. Repealing Clause. – All laws, presidential
REPUBLIC ACT No. 10380
decrees, executive orders, resolutions, rules and
AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR
regulations, other issuances, and parts thereof, which
MEDIA
are inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
Section 7. Effectivity. – This Act shall take effect
assembled:
fifteen (15) days following its publication in at least two
(2) newspapers of general circulation.
Section 1. Declaration of Policy. – The State shall ensure
the free exercise of the right of suffrage by all citizens of
COMELEC Resolution No. 9371, as may be amended
the Philippines not otherwise disqualified by law.
Rules and Regulations on Detainee Registration and
Voting in connection with the May 13, 2013 National
Section 2. Local Absentee Voting for Members of Media.
and Local Elections and Subsequent Elections
– The Commission on Elections shall extend the right to
thereafter
vote under the local absentee voting system provided
under existing laws and executive orders to members of
COMELEC Resolution No. 9371, Rule 1, Sec. 2(a).
media, media practitioners, including the technical and
Previously, Resolution No. 9371 made use of the term
support staff, who are duly registered voters and who, on
"Detainee". However, Sec. 3(u) of the Revised
election day, may not be able to vote due to the
Implementing Rules and Regulations (IRR) of Republic
performance of their functions in covering and reporting
Act (R.A.) No. 10575, The Bureau of Corrections Act of
on the elections: Provided, That they shall be allowed to
2013, later adopted "persons deprived of liberty" as
vote only for the positions of President, Vice President,
standard parlance.
Senators and Party-List Representative.
Sec. 3. Definition of Terms. For purposes of this IRR,
Section 3. Implementing Rules and Regulations. – The
the following terms or words and phrases shall mean or
Commission on Elections shall, within thirty (30) days
be understood as follows:
from the effectivity of this Act, promulgate the
x x x x
implementing rules and regulations which shall include a
system of accreditation and verification of the members
of media, media practitioners, the technical and support
staff, who are qualified to avail of local absentee voting.
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 u. Person Deprived of Liberty (PDL) – refers to a detainee,
inmate, or prisoner, or other person under confinement or
custody in any other manner. However, in order to prevent
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labeling, branding or shaming by the use of these or other
ARTICLE IX
derogatory words, the term "prisoner" has been replaced
C. The Commission on Elections
X. ELECTION LAW by this new and neutral phrase "person deprived of
liberty" under Article 10, of International Covenant on Civil
SECTION 2. The Commission on Elections shall
and Political Rights (ICCPR), who "shall be treated with
exercise the following powers and functions:
B. Registration of Voters; Inclusion and humanity and with respect for the inherent dignity of the
Exclusion Proceedings (R.A. No. 8189; R.A.
human person."
No. 10367) (5) Register, after sufficient publication, political
3. Persons Deprived of Liberty Voting – parties, organizations, or coalitions which, in addition to
Rule 1
COMELEC Resolution No. 9371, as may be other requirements, must present their platform or
amended Sec 1(a). Detainee voting (either through the special
program of government; and accredit citizens’ arms of
voting place inside jails or escorted voting) may be
C. Political Parties and the Party-List the Commission on Elections. Religious denominations
System of Representation (1987 CONST., availed of by any registered detainee whose registration
art. VI, sec. 5(2); art. IX-C, sec. 2 (5)); R.A. and sects shall not be registered. Those which seek to
record is not transferred/deactivated/cancelled/deleted.
No. 7941) achieve their goals through violence or unlawful means,
or refuse to uphold and adhere to this Constitution, or
Sec 1(c). Escorted voting refers to the mechanism for
1. Registration – R.A. No. 7941, sec. 5 which are supported by any foreign government shall
detainee voters who are residents/registered voters of
a. Grounds for Refusal or Cancellation of likewise be refused registration.
municipalities/cities other than the town/city of
Registration – R.A. No. 7941, sec. 6 Financial contributions from foreign governments and
*Exclude computation of party-list seat incarceration; and/or for detainee voters in jail facilities
allocation their agencies to political parties, organizations,
where no special polling places are established.
coalitions, or candidates related to elections constitute
interference in national affairs, and, when accepted,
Rule 7
shall be an additional ground for the cancellation of
Sec 1. Such detainee voters may vote, provided, first,
their registration with the Commission, in addition to
they must obtain court orders allowing them to vote in the
other penalties that may be prescribed by law.
polling place where they are registered. Second, it should
be logically feasible on the part of the jail/prison
REPUBLIC ACT No. 7941
administration to escort the detainee voter to the polling
AN ACT PROVIDING FOR THE ELECTION OF PARTY-
place where he is registered. Finally, reasonable
LIST REPRESENTATIVES THROUGH THE PARTY-LIST
measures shall be undertaken by the jail/prison
SYSTEM, AND APPROPRIATING FUNDS THEREFOR
administration to secure the safety of the detainee
voters, prevent their escape and ensure public safety.
Section 5. Registration. Any organized group of
persons may register as a party, organization or
ARTICLE VI
coalition for purposes of the party-list system by filing
The Legislative Department
with the COMELEC not later than ninety (90) days
before the election a petition verified by its president
SECTION 5. (2) The party-list representatives shall
or secretary stating its desire to participate in the
constitute twenty per centum of the total number of
party-list system as a national, regional or sectoral
representatives including those under the party list. For
party or organization or a coalition of such parties or
three consecutive terms after the ratification of this
organizations, attaching thereto its constitution, by-
Constitution, one-half of the seats allocated to party-list
laws, platform or program of government, list of
representatives shall be filled, as provided by law, by
officers, coalition agreement and other relevant
selection or election from the labor, peasant, urban poor,
information as the COMELEC may require:
indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the
religious sector.

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Political Law
 Provided, That the sectors shall include labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas
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workers, and professionals.
BATAS PAMBANSA BLG. 881
OMNIBUS ELECTION CODE OF THE PHILIPPINES
X. ELECTION LAW The COMELEC shall publish the petition in at least two (2)
national newspapers of general circulation.
Section 73. Certificate of candidacy. - No person shall
be eligible for any elective public office unless he files
C. Political Parties and the Party-List The COMELEC shall, after due notice and hearing, resolve
System of Representation (1987 CONST., a sworn certificate of candidacy within the period fixed
the petition within fifteen (15) days from the date it was
art. VI, sec. 5(2); art. IX-C, sec. 2 (5)); R.A. herein.
No. 7941) submitted for decision but in no case not later than sixty
(60) days before election.
1. Registration – R.A. No. 7941, sec. 5 A person who has filed a certificate of candidacy may,
a. Grounds for Refusal or Cancellation of prior to the election, withdraw the same by submitting
Registration – R.A. No. 7941, sec. 6
Section 6. Refusal and/or Cancellation of Registration. to the office concerned a written declaration under
*Exclude computation of party-list seat The COMELEC may, motu propio or upon verified oath.
allocation
complaint of any interested party, refuse or cancel, after
D. Candidacy due notice and hearing, the registration of any national, No person shall be eligible for more than one office to
1. Certificate of Candidacy – B.P. Blg. 881,
regional or sectoral party, organization or coalition on any be filled in the same election, and if he files his
sec. 73 of the following grounds: certificate of candidacy for more than one office, he
2. Ministerial Duty of Comelec to Receive shall not be eligible for any of them.
Certificates of Candidacy – B.P. Blg. 881, (1) It is a religious sect or denomination, organization or
sec. 76
association, organized for religious purposes; However, before the expiration of the period for the
3. Effect of Filing of Certificate of
Candidacy – B.P. Blg. 881, sec. 66
filing of certificates of candidacy, the person who was
(2) It advocates violence or unlawful means to seek its filed more than one certificate of candidacy may
goal; declare under oath the office for which he desires to be
eligible and cancel the certificate of candidacy for the
(3) It is a foreign party or organization; other office or offices.

(4) It is receiving support from any foreign government, The filing or withdrawal of a certificate of candidacy
foreign political party, foundation, organization, whether shall not affect whatever civil, criminal or administrative
directly or through any of its officers or members or liabilities which a candidate may have incurred.
indirectly through third parties for partisan election
purposes; Section 76. Ministerial duty of receiving and
acknowledging receipt. - The Commission, provincial
(5) It violates or fails to comply with laws, rules or election supervisor, election registrar or officer
regulations relating to elections; designated by the Commission or the board of election
inspectors under the succeeding section shall have the
(6) It declares untruthful statements in its petition; ministerial duty to receive and acknowledge receipt of
the certificate of candidacy.
(7) It has ceased to exist for at least one (1) year; or
Section 66. Candidates holding appointive office or
(8) It fails to participate in the last two (2) preceding positions. - Any person holding a public appointive
elections or fails to obtain at least two per centum (2%) office or position, including active members of the
of the votes cast under the party-list system in the two Armed Forces of the Philippines, and officers and
(2) preceding elections for the constituency in which it employees in government-owned or controlled
has registered. corporations, shall be considered ipso facto resigned
from his office upon the filing of his certificate of
candidacy.
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Political Law
 Section 74. Contents of certificate of candidacy. - The
certificate of candidacy shall state that the person filing
it is announcing his candidacy for the office stated
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therein and that he is eligible for said office; if for
Section 78. Petition to deny due course to or cancel a
Member of the Batasang Pambansa, the province,
certificate of candidacy. - A verified petition seeking
X. ELECTION LAW including its component cities, highly urbanized city or
to deny due course or to cancel a certificate of
district or sector which he seeks to represent; the
candidacy may be filed by the person exclusively on
political party to which he belongs; civil status; his date
the ground that any material representation contained
D. Candidacy of birth; residence; his post office address for all election
therein as required under Section 74 hereof is false.
purposes; his profession or occupation; that he will
4. Eligibility and Material Misrepresentation The petition may be filed at any time not later than
– B.P. Blg. 881, secs. 74 and 78 support and defend the Constitution of the Philippines
twenty-five days from the time of the filing of the
and will maintain true faith and allegiance thereto; that he
5. Withdrawal of Certificates of Candidacy – certificate of candidacy and shall be decided, after due
B.P. Blg. 881, sec. 73 will obey the laws, legal orders, and decrees
notice and hearing, not later than fifteen days before
promulgated by the duly constituted authorities; that he is
the election.
not a permanent resident or immigrant to a foreign
country; that the obligation imposed by his oath is
Section 73. Certificate of candidacy. - No person shall
assumed voluntarily, without mental reservation or
be eligible for any elective public office unless he files
purpose of evasion; and that the facts stated in the
a sworn certificate of candidacy within the period fixed
certificate of candidacy are true to the best of his
herein.
knowledge.
A person who has filed a certificate of candidacy may,
Unless a candidate has officially changed his name
prior to the election, withdraw the same by submitting
through a court approved proceeding, a certificate shall
to the office concerned a written declaration under
use in a certificate of candidacy the name by which he
oath.
has been baptized, or if has not been baptized in any
church or religion, the name registered in the office of the
No person shall be eligible for more than one office to
local civil registrar or any other name allowed under the
be filled in the same election, and if he files his
provisions of existing law or, in the case of a Muslim, his
certificate of candidacy for more than one office, he
Hadji name after performing the prescribed religious
shall not be eligible for any of them.
pilgrimage: Provided, That when there are two or more
candidates for an office with the same name and
However, before the expiration of the period for the
surname, each candidate, upon being made aware or such
filing of certificates of candidacy, the person who was
fact, shall state his paternal and maternal surname,
filed more than one certificate of candidacy may
except the incumbent who may continue to use the name
declare under oath the office for which he desires to
and surname stated in his certificate of candidacy when
be eligible and cancel the certificate of candidacy for
he was elected. He may also include one nickname or
the other office or offices.
stage name by which he is generally or popularly known
in the locality.
The filing or withdrawal of a certificate of candidacy
shall not affect whatever civil, criminal or administrative
The person filing a certificate of candidacy shall also
liabilities which a candidate may have incurred.
affix his latest photograph, passport size; a statement in
duplicate containing his bio-data and program of
government not exceeding one hundred words, if he so
desires.

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 Section 77. Candidates in case of death, disqualification
or withdrawal of another. - If after the last day for the
filing of certificates of candidacy, an official candidate of
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a registered or accredited political party dies, withdraws
(b) Within three (3) days from the filing of the petition, the
or is disqualified for any cause, only a person belonging
Commission shall issue summons to the respondent
X. ELECTION LAW to, and certified by, the same political party may file a candidate together with a copy of the petition and its
certificate of candidacy to replace the candidate who enclosures, if any.
died, withdrew or was disqualified. The substitute
D. Candidacy candidate nominated by the political party concerned may (c) The respondent shall be given three (3) days from
6. Effects of Denial and Cancellation of
file his certificate of candidacy for the office affected in receipt of the summons within which to file his verified
Certificate of Candidacy due to Material accordance with the preceding sections not later than answer (not a motion to dismiss) to the petition, serving
Misrepresentation
mid-day of the day of the election. If the death, copy thereof upon the petitioner. Grounds for a motion to
7. Substitution of Candidates – B.P. Blg. withdrawal or disqualification should occur between the dismiss may be raised as an affirmative defenses.
881, sec. 77
day before the election and mid-day of election day, said
8. Nuisance Candidates and Effects of certificate may be filed with any board of election (d) The Commission may designate any of its officials who
Declaration of Nuisance Candidacy – B.P.
inspectors in the political subdivision where he is a are lawyers to hear the case and receive evidence. The
Blg. 881, sec. 69; R.A. No. 6646, sec. 5
candidate, or, in the case of candidates to be voted for proceeding shall be summary in nature. In lieu of oral
9. Disqualification of Candidates; Effects
by the entire electorate of the country, with the testimonies, the parties may be required to submit position
papers together with affidavits or counter-affidavits and
Commission.
other documentary evidence. The hearing officer shall
immediately submit to the Commission his findings,
Section 69. Nuisance candidates. - The Commission may
reports, and recommendations within five (5) days from the
motu proprio or upon a verified petition of an interested
completion of such submission of evidence. The
party, refuse to give due course to or cancel a certificate Commission shall render its decision within five (5) days
of candidacy if it is shown that said certificate has been from receipt thereof.
filed to put the election process in mockery or disrepute
or to cause confusion among the voters by the similarity (e) The decision, order, or ruling of the Commission shall,
of the names of the registered candidates or by other after five (5) days from receipt of a copy thereof by the
circumstances or acts which clearly demonstrate that the parties, be final and executory unless stayed by the
candidate has no bona fide intention to run for the office Supreme Court.
for which the certificate of candidacy has been filed and
thus prevent a faithful determination of the true will of the (f) The Commission shall within twenty-four hours, through
electorate. the fastest available means, disseminate its decision or
the decision of the Supreme Court to the city or municipal
Republic Act No. 6646 election registrars, boards of election inspectors and the
AN ACT INTRODUCING ADDITIONAL REFORMS IN THE general public in the political subdivision concerned.
ELECTORAL SYSTEM AND FOR OTHER PURPOSES

Section 5. Procedure in Cases of Nuisance Candidates. -

(a) A Verified petition to declare a duly registered
candidate as a nuisance candidate under Section 69 of
Batas Pambansa Blg. 881 shall be filed personally or
through duly authorized representative with the
Commission by any registered candidate for the same
office within five (5) days from the last day for the filing
of certificates of candidacy. Filing by mail not be allowed.

www.lexmond.ph 106 Political Law

 Republic Act No. 7166
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND
LOCAL ELECTIONS AND FOR ELECTORAL REFORMS,
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AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR The State shall ensure that bona fide candidates for
OTHER PURPOSES any public office shall be free from any form of
X. ELECTION LAW harassment and discrimination.
Section 13. Authorized Expenses of Candidates and
Political Parties. - The agreement amount that a Section 3. Lawful Election Propaganda. – Election
E. Campaign candidate or registered political party may spend for propaganda, whether on television, cable television,
1. Limitations on Expenses and Prohibited
election campaign shall be as follows: radio, newspapers or any other medium is hereby
Contributions – R.A. No. 7166, sec. 13 allowed for all registered political parties, national,
2. Lawful Election Propaganda – R.A. No.
(a) For candidates. - Ten pesos (P10.00) for President and regional, sectoral parties or organizations participating
9006 Vice-President; and for other candidates Three Pesos under the party list elections and for all bona fide
(P3.00) for every voter currently registered in the candidates seeking national and local elective
constituency where he filed his certificate of candidacy: positions subject to the limitation on authorized
Provided, That a candidate without any political party and expenses of candidates and political parties,
without support from any political party may be allowed observance of truth in advertising and to the
to spend Five Pesos (P5.00) for every such voter; and supervision and regulation by the Commission on
Elections (COMELEC).
(b) For political parties. - Five pesos (P5.00) for every
voter currently registered in the constituency or For the purpose of this Act, lawful election propaganda
constituencies where it has official candidates. shall include:

Any provision of law to the contrary notwithstanding any 3.1. Pamphlets, leaflets, cards, decals, stickers or
contribution in cash or in kind to any candidate or political other written or printed materials the size of which
party or coalition of parties for campaign purposes, duly does not exceed eight and one half inches in width and
reported to the Commission shall not be subject to the fourteen inches in length;
payment of any gift tax.
3.2. Handwritten or printed letters urging voters to vote
for or against any particular political party or candidate
REPUBLIC ACT 9006 for public office;
AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY,
HONEST, PEACEFUL AND CREDIBLE ELECTIONS 3.3. Cloth, paper or cardboard posters, whether framed
THROUGH FAIR ELECTION PRACTICES or posted, with an area not exceeding two (2) feet by
three (3) feet, except that, at the site and on the
Section 1. Short Title.- This Act shall be known as the occasion of a public meeting or rally, or in announcing
"Fair Election Act." the holding of said meeting or rally, streamers not
exceeding three (3) feet by eight (8) feet in size, shall
Section 2. Declaration of Principles. – The Senate shall, be allowed: Provided, That said streamers may be
during the election period, supervise or regulate the displayed five (5) days before the date of the meeting
enjoyment or utilization of all franchises or permits for or rally and shall be removed within twenty-four (24)
the operation of media of communication or information hours after said meeting or rally;
to guarantee or ensure equal opportunity for public
service, including access to media time and space, and 3.4. Paid advertisements in print or broadcast media:
the equitable right to reply, for public information Provided, That the advertisements shall follow the
campaigns and for a among candidates and assure free, requirements set forth in Section 4 of this Act; and
orderly, honest, peaceful and credible elections.

www.lexmond.ph 107 Political Law

 3.5. All other forms of election propaganda not prohibited
by the Omnibus Election Code or this Act.
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Section 4. Requirements for Published or Printed and (c) The period during which the survey was conducted,
Broadcast Election Propaganda. – the methodology used, including the number of
X. ELECTION LAW 4.1. Any newspaper, newsletter, newsweekly, gazette or individual respondents and the areas from which they
magazine advertising, posters, pamphlets, comic books, were selected, and the specific questions asked;
circulars, handbills, bumper stickers, streamers, sample (d) The margin o error of the survey;
E. Campaign list of candidates or any published or printed political (e) For each question for which the margin of error is
1. Limitations on Expenses and Prohibited
matter and any broadcast of election propaganda by greater than that reported under paragraph (d), the
Contributions – R.A. No. 7166, sec. 13 television or radio for or against a candidate or group of margin of error for that question; and
2. Lawful Election Propaganda – R.A. No.
candidates to any public office shall bear and be (f) A mailing address and telephone number, indicating
9006 identified by the reasonably legible or audible words it as an address or telephone number at which the
"political advertisement paid for," followed by the true sponsor can be contacted to obtain a written report
and correct name and address of the candidate or party regarding the survey in accordance with Subsection
for whose benefit the election propaganda was printed or 5.3.
aired.
5.3. The survey together with raw data gathered to
4.2. If the broadcast is given free of charge by the radio support its conclusions shall be available for
or television station, it shall be identified by the words inspection, copying and verification by the COMELEC or
"airtime for this broadcast was provided free of charge by a registered political party or a bona fide candidate
by" followed by the true and correct name and address of or by any COMELEC-accredited citizen's arm. A
the broadcast entity. reasonable fee sufficient to cover the costs of
inspection, copying and verification may be charged.
4.3. Print, broadcast or outdoor advertisements donated
to the candidate or political party shall not be printed, 5.4. Surveys affecting national candidates shall not be
published, broadcast, or exhibited without the written published fifteen (15) days before an election and
acceptance by the said candidate or political party. Such surveys affecting local candidates shall not be
written acceptance shall be attached to the advertising published seven (7) days before an election.
contract and shall be submitted to the COMELEC as
provided in Subsection 6.3. hereof. 5.5. Exit polls may only be taken subject to the
following requirements:
Section 5. Election Surveys. – (a) Pollsters shall not conduct their surveys within fifty
5.1. Election surveys refer to the measurement of (50) meters from the polling place, whether said survey
opinions and perceptions of the voters as regards a is taken in a home, dwelling place and other places;
candidate's popularity, qualifications, platforms or a (b) Pollsters shall wear distinctive clothing;
matter of public discussion in relation to the election, (c) Pollsters shall inform the voters that they may
including voters' preference for candidates or publicly refuse to answer; and
discussed issues during the campaign period (hereafter (d) The result of the exit polls may be announced after
referred to as "Survey"). the closing of the polls on election day, and must
clearly identify the total number of respondents, and
5.2. During the election period, any person, natural as the places where they were taken. Said announcement
well as juridical, candidate or organization who publishes shall state that the same is unofficial and does not
a survey must likewise publish the following information: represent a trend.

(a) The name of the person, candidate, party or

organization who commissioned or paid for the survey;
(b) The name of the person, polling firm or survey
www.lexmond.ph organization who conducted the survey; 108 Political Law
 Section 6. Equal Access to Media Time and Space. – All
registered parties and bona fide candidates shall have
equal access to media time and space. The following
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guidelines may be amplified on by the COMELEC. The COMELEC shall ensure that radio or television or
cable television broadcasting entities shall not allow
X. ELECTION LAW 6.1. Print advertisements shall not exceed one-fourth (1/4) the scheduling of any program or permit any sponsor to
page, in broad sheet and one-half (1/2) page in tabloids manifestly favor or oppose any candidate or political
thrice a week per newspaper, magazine or other party by unduly or repeatedly referring to or including
E. Campaign publications, during the campaign period. said candidate and/or political party in such program
1. Limitations on Expenses and Prohibited
respecting, however, in all instances the right of said
Contributions – R.A. No. 7166, sec. 13 6.2. (a) Each bona fide candidate or registered political broadcast entities to air accounts of significant news or
party for a nationally elective office shall be entitled to news worthy events and views on matters of public
2. Lawful Election Propaganda – R.A. No.
9006 not more than one hundred twenty (120) minutes of interest.
television advertisement and one hundred eighty (180)
minutes of radio advertisement whether by purchase or 6.5. All members of media, television, radio or print,
donation. shall scrupulously report and interpret the news, taking
care not to suppress essential facts nor to distort the
(b) Each bona fide candidate or registered political party truth by omission or improper emphasis. They shall
for a locally elective office shall be entitled to not more recognize the duty to air the other side and the duty to
than sixty (60) minutes of television advertisement and correct substantive errors promptly.
ninety (90) minutes of radio advertisement whether by
purchase or 6.6. Any mass media columnist, commentator,
announcer, reporter, on-air correspondent or
For this purpose, the COMELEC shall require any personality who is a candidate for any elective public
broadcast station or entity to submit to the COMELEC a office or is a campaign volunteer for or employed or
copy of its broadcast logs and certificates of performance retained in any capacity by any candidate or political
for the review and verification of the frequency, date, time party shall be deemed resigned, if so required by their
and duration of advertisements broadcast for any employer, or shall take a leave of absence from his/her
candidate or political party. work as such during the campaign period: Provided,
That any media practitioner who is an official of a
6.3. All mass media entities shall furnish the COMELEC political party or a member of the campaign staff of a
with a copy of all contracts for advertising, promoting or candidate or political party shall not use his/her time or
opposing any political party or the candidacy of any space to favor any candidate or political party.
person for public office within five (5) days after its
signing. In every case, it shall be signed by the donor, the 6.7. No movie, cinematograph or documentary
candidate concerned or by the duly authorized
portraying the life or biography of a candidate shall be
representative of the political party.
publicly exhibited in a theater, television station or any
public forum during the campaign period.
6.4. No franchise or permit to operate a radio or television
stations shall be granted or issued, suspended or
6.8. No movie, cinematograph or documentary
cancelled during the election period.
portrayed by an actor or media personality who is
himself a candidate shall be publicly exhibited in a
In all instances, the COMELEC shall supervise the use and
theater, television station or any public forum during
employment of press, radio and television facilities insofar
the campaign period.
or the placement of political advertisements is concerned
to ensure that candidates are given equal opportunities
under equal circumstances to make known their
qualifications and their stand on public issues within the

Political Law
limits set forth in the Omnibus Election Code and Republic
www.lexmond.ph Act No. 7166 on election spending. 109
 Section 7. Affirmative Action by the COMELEC. –
7.1. Pursuant to Sections 90 and 92 of the Omnibus
Election Code (Batas Pambansa Bldg. 881), the COMELEC
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shall procure the print space upon payment of just Provided, further, That in the absence of said
compensation from at least three (3) national newspapers broadcasting station or entity, broadcasting shall be
X. ELECTION LAW of general circulation wherein candidates for national done in any radio or television station in said province
office can announce their candidacies. Such space shall or city, which shall be known as "COMELEC Time". Said
be allocated free of charge equally and impartially among time shall be allocated to the COMELEC free of charge,
E. Campaign all the candidates for national office on three (3) different while said space shall be allocated to the COMELEC
calendar days: the first day within the first week of the upon payment of just compensation. The COMELEC
1. Limitations on Expenses and Prohibited
Contributions – R.A. No. 7166, sec. 13 campaign period; the second day within the fifth week of time and space shall be utilized exclusively by the
the campaign period; and the third day within the tenth COMELEC for public information dissemination on
2. Lawful Election Propaganda – R.A. No.
9006 week of the campaign period. election-related concerns.

7.2. The COMELEC shall also procure free airtime from at Section 9. Posting of Campaign Materials. – The
least three (3) national television networks and three(3) COMELEC may authorize political parties and party-list
national radio networks, which shall also be allocated free groups to erect common poster areas for their
of charge equally and impartially among all candidates for candidates in not more than ten (1) public places such
national office. Such free time shall be allocated on three as plazas, markets, barangay centers and the like,
(3) different calendar days; the first day within the first wherein candidates can post, display or exhibit election
week of the campaign period; the second day within the propaganda: Provided, That the size of the poster areas
fifth week of the campaign period; and the third day within shall not exceed twelve (12) by sixteen (16) feet or its
the tenth weeks of the campaign period. equivalent.

7.3. The COMELEC may require national television and Independent candidates with no political parties may
radio networks to sponsor at least three (3) national likewise be authorized to erect common poster areas in
debates among presidential candidates and at least one not more than ten (10) public places, the size of which
(1) national debate among vice presidential candidates. shall not exceed four (4) by six (6) feet or its
The debates among presidential candidates shall be equivalent.
scheduled on three (3) different calendar days; the first
debate shall be scheduled within the first and second Candidates may post any lawful propaganda material in
week of the campaign period; the second debate within private places with the consent of the owner thereof,
the fifth and sixth week of the campaign period; and the and in public places or property which shall be
third debate shall be scheduled within the tenth and allocated equitably and impartially among the
eleventh week of the campaign period. candidates.

The sponsoring television or radio network may sell air-

Section 10. Right to Reply. – All registered parties and
time for commercials and advertisements to interested
bona fide candidates shall be have the right to reply to
advertisers and sponsors. The COMELEC shall promulgate
charges published against them. The reply shall be
rules and regulations for the holding of such debates.
given publicity by the newspaper, television and/or
radio station which first printed or aired the charges
Section 8. COMELEC Space and Time. – The COMELEC
with the same prominence or in the same page or
shall procure shall in at least one (1) newspaper of general
section or in the same time slot as the first statement.
circulation and air time in at least one (1) major
broadcasting station or entity in every province or city:
Provided, however, That in the absence of said
newspaper, publication shall be done in any other
magazine or periodical in said province or city, which shall

Political Law
be known as "COMELEC Space":
www.lexmond.ph 110
 Section 11. Rates for Political Propaganda. – During the
election period, media outlets shall charge registered
political parties and bona fide candidates a discounted
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rate of thirty percent (30%) for television, twenty percent All laws, presidential decrees, executive orders, rules
(20%) for radio and ten (10%) for print over the average and regulations, or any part thereof inconsistent with
X. ELECTION LAW rates charged during the first three quarters of the the provisions of this Act are hereby repealed or
calendar year preceding the elections. modified or amended accordingly.

E. Campaign Section 12. Substitution of Candidates. – In case of valid Section 15. Separability Clause. – If any provision or
substitutions after the official ballots have been printed, part hereof is held invalid or unconstitutional, the
1. Limitations on Expenses and Prohibited
Contributions – R.A. No. 7166, sec. 13 the votes cast for the substituted candidates shall be remainder of this Act not otherwise affected shall
considered as stray votes but shall not invalidate the remain in full force and effect.
2. Lawful Election Propaganda – R.A. No.
9006 whole ballot. For this purpose, the official ballots shall
provide spaces where the voters may write the name of Section 16. Effectivity. – This Act shall take effect
3. Statement of Contributions and Expenses
– R.A. No. 7166, sec. 14 the substitute candidates if they are voting for the latter: immediately upon its approval.
Provided, however, That if the substitute candidate of the
same family name, this provision shall not apply.
Republic Act No. 7166
Section 13. Authority of the COMELEC to Promulgate
Rules; Election Offenses. – The COMELEC shall Section 14. Statement of Contributions and
promulgate and furnish all political parties and candidates Expenditures: Effect of Failure to File Statement. -
and the mass media entities the rules and regulations for Every candidate and treasurer of the political party
the implementation of this Act, consistent with the criteria shall, within thirty (30) days after the day of the
established in Article IX-C, Section 4 of the Constitution election, file in duplicate with the offices of the
and Section 86 of the Omnibus Election Code (Batas Commission the full, true and itemized statement of all
Pambansa Bldg. 881). contributions and expenditures in connection with the
election.
Rules and regulations promulgated by the COMELEC under
and by authority of this Section shall take effect on the No person elected to any public offices shall enter
seventh day after their publication in at least two (2) daily upon the duties of his office until he has filed the
newspapers of general circulation. Prior to effectivity of statement of contributions and expenditures herein
said rules and regulations, no political advertisement or required.
propaganda for or against any candidate or political party
shall be published or broadcast through mass media. The same prohibition shall apply if the political party
which nominated the winning candidate fails to file the
Violation of this Act and the rules and regulations of the
statement required herein within the period prescribed
COMELEC issued to implement this Act shall be an
by this Act.
election offense punishable under the first and second
paragraphs of Section 264 of the Omnibus Election Code
Except candidates for elective barangay office, failure
(Batas Pambansa Bldg. 881).
to file the statements or reports in connection with
electoral contributions and expenditures are required
Section 14. Repealing Clause. – Section 67 and 85 of the
herein shall constitute an administrative offense for
Omnibus Election Code (Batas Pambansa Bldg. 881) and
which the offenders shall be liable to pay an
Sections 10 and 11 of Republic Act No. 6646 are hereby
administrative fine ranging from One thousand pesos
repealed. As a consequence, the first proviso in the third
(P1,000.00) to Thirty thousand pesos (P30,000.00), in
paragraph of Section 11 of Republic Act No. 8436 is
the discretion of the Commission.
rendered ineffective.

www.lexmond.ph 111 Political Law

 The fine shall be paid within thirty (30) days from receipt
of notice of such failure; otherwise, it shall be enforceable
by a writ of execution issued by the Commission against
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the properties of the offender. Section 5 Postponement of election. - When for any
serious cause such as violence, terrorism, loss or
X. ELECTION LAW It shall be the duty of every city or municipal election destruction of election paraphernalia or records, force
registrar to advise in writing, by personal delivery or majeure, and other analogous causes of such a nature
registered mail, within five (5) days from the date of that the holding of a free, orderly and honest election
E. Campaign election all candidates residing in his jurisdiction to should become impossible in any political subdivision,
comply with their obligation to file their statements of the Commission, motu proprio or upon a verified
1. Limitations on Expenses and Prohibited
Contributions – R.A. No. 7166, sec. 13 contributions and expenditures. petition by any interested party, and after due notice
2. Lawful Election Propaganda – R.A. No.
and hearing, whereby all interested parties are
9006 For the commission of a second or subsequent offense afforded equal opportunity to be heard, shall postpone
under this section, the administrative fine shall be from the election therein to a date which should be
3. Statement of Contributions and Expenses
– R.A. No. 7166, sec. 14 Two thousand pesos (P2,000.00) to Sixty thousand pesos reasonably close to the date of the election not held,
(P60,000.00), in the discretion of the Commission. In suspended or which resulted in a failure to elect but
F. Remedies
addition, the offender shall be subject to perpetual not later than thirty days after the cessation of the
1. Pre-election disqualification to hold public office. cause for such postponement or suspension of the
a. Petition for Disqualification election or failure to elect.
BATAS PAMBANSA BLG. 881
b. Petition Not to Give Due Course or
Cancel Certificates of Candidacy – B.P. Blg. OMNIBUS ELECTION CODE OF THE PHILIPPINES Section 6 Failure of election. - If, on account of force
881, sec. 78
majeure, violence, terrorism, fraud, or other analogous
c. Petition to Declare a Nuisance Candidate Section 78. Petition to deny due course to or cancel a causes the election in any polling place has not been
– B.P. Blg. 881, sec. 69 certificate of candidacy. - A verified petition seeking to held on the date fixed, or had been suspended before
2. During election deny due course or to cancel a certificate of candidacy the hour fixed by law for the closing of the voting, or
may be filed by the person exclusively on the ground that after the voting and during the preparation and the
a. Petition to Postpone Elections – B.P. Blg.
881, sec. 5 any material representation contained therein as required transmission of the election returns or in the custody or
under Section 74 hereof is false. The petition may be filed canvass thereof, such election results in a failure to
b. Petition to Declare Failure of Elections –
B.P. Blg. 881, sec. 6
at any time not later than twenty-five days from the time elect, and in any of such cases the failure or
of the filing of the certificate of candidacy and shall be suspension of election would affect the result of the
3. Pre-Proclamation Controversy
decided, after due notice and hearing, not later than election, the Commission shall, on the basis of a
4. Post-Proclamation fifteen days before the election. verified petition by any interested party and after due
a. Election Contest notice and hearing, call for the holding or continuation
Section 69. Nuisance candidates. - The Commission may of the election not held, suspended or which resulted
i. Election Protest
motu proprio or upon a verified petition of an interested in a failure to elect on a date reasonably close to the
ii. Quo warranto party, refuse to give due course to or cancel a certificate
date of the election not held, suspended or which
of candidacy if it is shown that said certificate has been
iii. Jurisdiction resulted in a failure to elect but not later than thirty
filed to put the election process in mockery or disrepute
days after the cessation of the cause of such
or to cause confusion among the voters by the similarity
postponement or suspension of the election or failure
of the names of the registered candidates or by other
to elect.
circumstances or acts which clearly demonstrate that the
candidate has no bona fide intention to run for the office
for which the certificate of candidacy has been filed and
thus prevent a faithful determination of the true will of the
electorate.

www.lexmond.ph 112 Political Law

 ARTICLE VII
Executive Department
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SECTION 4. The President and the Vice-President shall be ARTICLE VI
elected by direct vote of the people for a term of six The Legislative Department
X. ELECTION LAW years which shall begin at noon on the thirtieth day of June
next following the day of the election and shall end at SECTION 17. The Senate and the House of
noon of the same date six years thereafter. The President Representatives shall each have an Electoral Tribunal
F. Remedies shall not be eligible for any reelection. No person who has which shall be the sole judge of all contests relating to
succeeded as President and has served as such for more the election, returns, and qualifications of their
- Presidential Electoral Tribunal – 1987
CONST., art. VII, sec. 4 than four years shall be qualified for election to the same respective Members. Each Electoral Tribunal shall be
office at any time. composed of nine Members, three of whom shall be
- Senate Electoral Tribunal – 1987 CONST.,
art. VI, sec. 17 Justices of the Supreme Court to be designated by the
No Vice-President shall serve for more than two Chief Justice, and the remaining six shall be Members
- House of Representatives Electoral
Tribunal – 1987 CONST., art. VI, sec. 17 consecutive terms. Voluntary renunciation of the office for of the Senate or the House of Representatives, as the
any length of time shall not be considered as an case may be, who shall be chosen on the basis of
- COMELEC – 1987 CONST., art. IX-C, sec.
2(2); B.P. Blg. 881, secs. 250 and 253 interruption in the continuity of the service for the full proportional representation from the political parties
term for which he was elected. and the parties or organizations registered under the
party-list system represented therein. The senior
Unless otherwise provided by law, the regular election for Justice in the Electoral Tribunal shall be its Chairman.
President and Vice-President shall be held on the second
Monday of May. ARTICLE IX
C. The Commission on Elections
The returns of every election for President and Vice-
President, duly certified by the board of canvassers of SECTION 2. The Commission on Elections shall
each province or city, shall be transmitted to the exercise the following powers and functions:
Congress, directed to the President of the Senate. Upon
receipt of the certificates of canvass, the President of the (2) Exercise exclusive original jurisdiction over all
Senate shall, not later than thirty days after the day of the contests relating to the elections, returns, and
election, open all certificates in the presence of the qualifications of all elective regional, provincial, and
Senate and the House of Representatives in joint public city officials, and appellate jurisdiction over all
session, and the Congress, upon determination of the contests involving elective municipal officials decided
authenticity and due execution thereof in the manner by trial courts of general jurisdiction, or involving
provided by law, canvass the votes. elective barangay officials decided by trial courts of
limited jurisdiction.
The person having the highest number of votes shall be
proclaimed elected, but in case two or more shall have an
Decisions, final orders, or rulings of the Commission on
equal and highest number of votes, one of them shall
election contests involving elective municipal and
forthwith be chosen by the vote of a majority of all the
barangay offices shall be final, executory, and not
Members of both Houses of the Congress, voting
appealable.
separately.

The Congress shall promulgate its rules for the

canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole

judge of all contests relating to the election, returns, and
qualifications of the President or Vice- President, and may

Political Law
promulgate its rules for the purpose.
www.lexmond.ph 113
 BATAS PAMBANSA BLG. 881
OMNIBUS ELECTION CODE OF THE PHILIPPINES
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Section 250. Election contests for Batasang Pambansa, BATAS PAMBANSA BLG. 881
regional, provincial and city offices. - A sworn petition OMNIBUS ELECTION CODE OF THE PHILIPPINES
X. ELECTION LAW contesting the election of any Member of the Batasang
Pambansa or any regional, provincial or city official shall Section 251. Election contests for municipal offices. -
be filed with the Commission by any candidate who has A sworn petition contesting the election of a municipal
F. Remedies duly filed a certificate of candidacy and has been voted officer shall be filed with the proper regional trial court
for the same office, within ten days after the proclamation by any candidate who has duly filed a certificate of
- Presidential Electoral Tribunal – 1987
CONST., art. VII, sec. 4 of the results of the election. candidacy and has been voted for the same office,
- Senate Electoral Tribunal – 1987 CONST.,
within ten days after proclamation of the results of the
art. VI, sec. 17 Section 253. Petition for quo warranto. - Any voter election.
contesting the election of any Member of the Batasang
- House of Representatives Electoral
Tribunal – 1987 CONST., art. VI, sec. 17 Pambansa, regional, provincial, or city officer on the Section 252. Election contest for barangay offices. - A
ground of ineligibility or of disloyalty to the Republic of sworn petition contesting the election of a barangay
- COMELEC – 1987 CONST., art. IX-C, sec.
2(2); B.P. Blg. 881, secs. 250 and 253 the Philippines shall file a sworn petition for quo warranto officer shall be filed with the proper municipal or
with the Commission within ten days after the metropolitan trial court by any candidate who has duly
- RTC – R.A. No. 7166, sec. 22; B.P. Blg. 881,
secs. 251 and 253 proclamation of the results of the election. filed a certificate of candidacy and has been voted for
- MTC – B.P. Blg. 881, secs. 252-253
the same office, within ten days after the proclamation
Any voter contesting the election of any municipal or of the results of the election. The trial court shall
barangay officer on the ground of ineligibility or of decide the election protest within fifteen days after the
disloyalty to the Republic of the Philippines shall file a filing thereof. The decision of the municipal or
sworn petition for quo warranto with the regional trial metropolitan trial court may be appealed within ten
court or metropolitan or municipal trial court, respectively, days from receipt of a copy thereof by the aggrieved
within ten days after the proclamation of the results of the party to the regional trial court which shall decide the
election. case within thirty days from its submission, and whose
decisions shall be final.
Republic Act No. 7166
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND Section 253. Petition for quo warranto. - Any voter
LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, contesting the election of any Member of the Batasang
AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR Pambansa, regional, provincial, or city officer on the
OTHER PURPOSES ground of ineligibility or of disloyalty to the Republic of
the Philippines shall file a sworn petition for quo
Section 22. Election Contests for Municipal Offices. - All warranto with the Commission within ten days after the
election contests involving municipal offices filed with the
proclamation of the results of the election.
Regional Trial Court shall be decided expeditiously. The
decision may be appealed to the Commission within five
Any voter contesting the election of any municipal or
(5) days from promulgation or receipt of a copy thereof by
barangay officer on the ground of ineligibility or of
the aggrieved party. The Commission shall decide the
disloyalty to the Republic of the Philippines shall file a
appeal within sixty (60) days after it is submitted for
sworn petition for quo warranto with the regional trial
decision, but not later than six (6) months after the filing
court or metropolitan or municipal trial court,
of the appeal, which decision shall be final, unappealable
respectively, within ten days after the proclamation of
and executory.
the results of the election.

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 REPUBLIC ACT No. 9369

SEC. 265. Prosecution. - The Commission shall, through

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its duly authorized legal officers, have the power, SECTION 6. Local government units shall have a just
concurrent with the other prosecuting arms of the share, as determined by law, in the national taxes
X. ELECTION LAW government, to conduct preliminary investigation of all which shall be automatically released to them.
election offenses punishable under this Code, and
prosecute the same SECTION 7. Local governments shall be entitled to an
G. Prosecution of Election Offenses (B.P. equitable share in the proceeds of the utilization and
Blg. 881 as amended by R.A. No. 9369, sec.
ARTICLE X development of the national wealth within their
265)
Local Government respective areas, in the manner provided by law,
General Provisions including sharing the same with the inhabitants by way
of direct benefits.
XI. LOCAL GOVERNMENTS (1987 SECTION 1. The territorial and political subdivisions of the
CONST., art. X; R.A. No. 7160) Republic of the Philippines are the provinces, cities, SECTION 8. The term of office of elective local
municipalities, and barangays. There shall be autonomous officials, except barangay officials, which shall be
A. Principles of Local Autonomy regions in Muslim Mindanao and the Cordilleras as determined by law, shall be three years and no such
B. Local Government Units
hereinafter provided. official shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any
1. Powers of Local Government Units
SECTION 2. The territorial and political subdivisions shall length of time shall not be considered as an
a. Police Power and General Welfare enjoy local autonomy. interruption in the continuity of his service for the full
Clause
term for which he was elected.
b. Eminent Domain and Taxation SECTION 3. The Congress shall enact a local government
c. Requisites of a Valid Ordinance; Local
code which shall provide for a more responsive and SECTION 9. Legislative bodies of local governments
Initiative and Referendum accountable local government structure instituted through shall have sectoral representation as may be
d. Corporate Powers
a system of decentralization with effective mechanisms of prescribed by law.
recall, initiative, and referendum, allocate among the
2. Local Elective and Appointive Officials
different local government units their powers, SECTION 10. No province, city, municipality, or
3. Rules of Succession responsibilities, and resources, and provide for the barangay may be created, divided, merged, abolished,
qualifications, election, appointment and removal, term, or its boundary substantially altered, except in
4. Term Limitations and Recall
salaries, powers and functions and duties of local accordance with the criteria established in the Local
officials, and all other matters relating to the organization Government Code and subject to approval by a majority
and operation of the local units. of the votes cast in a plebiscite in the political units
directly affected.
SECTION 4. The President of the Philippines shall exercise
general supervision over local governments. Provinces
SECTION 11. The Congress may, by law, create special
with respect to component cities and municipalities, and
metropolitan political subdivisions, subject to a
cities and municipalities with respect to component
plebiscite as set forth in Section 10 hereof. The
barangays shall ensure that the acts of their component
component cities and municipalities shall retain their
units are within the scope of their prescribed powers and
basic autonomy and shall be entitled to their own local
functions.
executives and legislative assemblies. The jurisdiction
of the metropolitan authority that will hereby be
SECTION 5. Each local government unit shall have the
created shall be limited to basic services requiring
power to create its own sources of revenues and to levy
coordination.
taxes, fees, and charges subject to such guidelines and
limitations as the Congress may provide, consistent with
the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local

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 SECTION 12. Cities that are highly urbanized, as
determined by law, and component cities whose charters
prohibit their voters from voting for provincial elective
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officials, shall be independent of the province. The voters The organic act shall define the basic structure of
of component cities within a province, whose charters government for the region consisting of the executive
XI. LOCAL GOVERNMENTS (1987 contain no such prohibition, shall not be deprived of their department and legislative assembly, both of which shall
CONST., art. X; R.A. No. 7160) be elective and representative of the constituent political
right to vote for elective provincial officials.
units. The organic acts shall likewise provide for special
A. Principles of Local Autonomy SECTION 13. Local government units may group courts with personal, family, and property law jurisdiction
themselves, consolidate or coordinate their efforts, consistent with the provisions of this Constitution and
B. Local Government Units
services, and resources for purposes commonly beneficial national laws.
1. Powers of Local Government Units
to them in accordance with law.
a. Police Power and General Welfare The creation of the autonomous region shall be effective
Clause
SECTION 14. The President shall provide for regional when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose,
b. Eminent Domain and Taxation development councils or other similar bodies composed
provided that only provinces, cities, and geographic areas
c. Requisites of a Valid Ordinance; Local of local government officials, regional heads of
voting favorably in such plebiscite shall be included in the
Initiative and Referendum departments and other government offices, and
autonomous region.
d. Corporate Powers
representatives from non-governmental organizations
within the regions for purposes of administrative
2. Local Elective and Appointive Officials SECTION 19. The first Congress elected under this
decentralization to strengthen the autonomy of the units
Constitution shall, within eighteen months from the time
3. Rules of Succession therein and to accelerate the economic and social growth
of organization of both Houses, pass the organic acts for
4. Term Limitations and Recall
and development of the units in the region. the autonomous regions in Muslim Mindanao and the
Cordilleras.
Autonomous Region
SECTION 20. Within its territorial jurisdiction and subject
SECTION 15. There shall be created autonomous regions to the provisions of this Constitution and national laws,
in Muslim Mindanao and in the Cordilleras consisting of the organic act of autonomous regions shall provide for
provinces, cities, municipalities, and geographical areas legislative powers over:
sharing common and distinctive historical and cultural (1) Administrative organization;
heritage, economic and social structures, and other (2) Creation of sources of revenues;
relevant characteristics within the framework of this (3) Ancestral domain and natural resources;
Constitution and the national sovereignty as well as (4) Personal, family, and property relations;
territorial integrity of the Republic of the Philippines. (5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
SECTION 16. The President shall exercise general (7) Educational policies;
supervision over autonomous regions to ensure that the (8) Preservation and development of the cultural heritage;
laws are faithfully executed. and
(9) Such other matters as may be authorized by law for
SECTION 17. All powers, functions, and responsibilities the promotion of the general welfare of the people of the
not granted by this Constitution or by law to the region.
autonomous regions shall be vested in the National
Government. SECTION 21. The preservation of peace and order within
the regions shall be the responsibility of the local police
agencies which shall be organized, maintained,
SECTION 18. The Congress shall enact an organic act for
supervised, and utilized in accordance with applicable
each autonomous region with the assistance and
laws. The defense and security of the regions shall be the
participation of the regional consultative commission
responsibility of the National Government.
composed of representatives appointed by the President
from a list of nominees from multisectoral bodies.

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 Republic Act No. 7160
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE
OF 1991
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Section 8. Division and Merger. - Division and merger
General Powers and Attributes of Local Government of existing local government units shall comply with the
XI. LOCAL GOVERNMENTS (1987 Units same requirements herein prescribed for their creation:
CONST., art. X; R.A. No. 7160)
Provided, however, That such division shall not reduce
Section 6. Authority to Create Local Government Units. - the income, population, or land area of the local
A. Principles of Local Autonomy A local government unit may be created, divided, merged, government unit or units concerned to less than the
B. Local Government Units abolished, or its boundaries substantially altered either by minimum requirements prescribed in this Code:
law enacted by Congress in the case of a province, city, Provided, further, That the income classification of the
1. Powers of Local Government Units
municipality, or any other political subdivision, or by original local government unit or units shall not fall
a. Police Power and General Welfare ordinance passed by the sangguniang panlalawigan or below its current classification prior to such division.
Clause
sangguniang panlungsod concerned in the case of a The income classification of local government units
b. Eminent Domain and Taxation barangay located within its territorial jurisdiction, subject shall be updated within six (6) months from the
c. Requisites of a Valid Ordinance; Local to such limitations and requirements prescribed in this effectivity of this Code to reflect the changes in their
Initiative and Referendum Code. financial position resulting from the increased revenues
d. Corporate Powers as provided herein.
Section 7. Creation and Conversion. - As a general rule,
2. Local Elective and Appointive Officials
the creation of a local government unit or its conversion Section 9. Abolition of Local Government Units. - A
3. Rules of Succession from one level to another level shall be based on local government unit may be abolished when its
4. Term Limitations and Recall
verifiable indicators of viability and projected capacity to income, population, or land area has been irreversibly
provide services, to wit: reduced to less than the minimum standards prescribed
for its creation under Book III of this Code, as certified
(a) Income. - It must be sufficient, based on acceptable by the national agencies mentioned in Section 7 hereof
standards, to provide for all essential government to Congress or to the sangguniang concerned, as the
facilities and services and special functions case may be.
commensurate with the size of its population, as expected
of the local government unit concerned; The law or ordinance abolishing a local government unit
shall specify the province, city, municipality, or
(b) Population. - It shall be determined as the total number barangay with which the local government unit sought
of inhabitants within the territorial jurisdiction of the local to be abolished will be incorporated or merged.
government unit concerned; and
Section 10. Plebiscite Requirement. - No creation,
(c) Land Area. - It must be contiguous, unless it comprises division, merger, abolition, or substantial alteration of
two or more islands or is separated by a local government
boundaries of local government units shall take effect
unit independent of the others; properly identified by
unless approved by a majority of the votes cast in a
metes and bounds with technical descriptions; and
plebiscite called for the purpose in the political unit or
sufficient to provide for such basic services and facilities
units directly affected. Said plebiscite shall be
to meet the requirements of its populace.
conducted by the Commission on Elections (COMELEC)
within one hundred twenty (120) days from the date of
Compliance with the foregoing indicators shall be attested
effectivity of the law or ordinance effecting such
to by the Department of Finance (DOF), the National
action, unless said law or ordinance fixes another date.
Statistics Office (NSO), and the Lands Management Bureau
(LMB) of the Department of Environment and Natural
Section 11. Selection and Transfer of Local
Resources (DENR).
Government Site, Offices and Facilities. -

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 (a) The law or ordinance creating or merging local
government units shall specify the seat of government
from where governmental and corporate services shall be
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delivered. In selecting said site, factors relating to Section 13. Naming of Local Government Units and
geographical centrality, accessibility, availability of Public Places, Streets and Structures. -
XI. LOCAL GOVERNMENTS (1987 transportation and communication facilities, drainage and (a) The sangguniang panlalawigan may, in consultation
CONST., art. X; R.A. No. 7160)
sanitation, development and economic progress, and with the Philippine Historical Commission (PHC), change
other relevant considerations shall be taken into account. the name of the following within its territorial
A. Principles of Local Autonomy
jurisdiction:
B. Local Government Units (b) When conditions and developments in the local (1) Component cities and municipalities, upon the
government unit concerned have significantly changed recommendation of the sanggunian concerned;
1. Powers of Local Government Units
subsequent to the establishment of the seat of (2) Provincial roads, avenues, boulevards,
a. Police Power and General Welfare government, its sanggunian may, after public hearing and thoroughfares, and bridges;
Clause
by a vote of two-thirds (2/3) of all its members, transfer (3) Public vocational or technical schools and other
b. Eminent Domain and Taxation the same to a site better suited to its needs. Provided, post-secondary and tertiary schools;
c. Requisites of a Valid Ordinance; Local however, That no such transfer shall be made outside the (4) Provincial hospitals, health centers, and other
Initiative and Referendum territorial boundaries of the local government unit health facilities; and
d. Corporate Powers
concerned. (5) Any other public place or building owned by the
provincial government.
2. Local Elective and Appointive Officials
The old site, together with the improvements thereon, may
3. Rules of Succession be disposed of by the sale or lease or converted to such (b) The sanggunian of highly urbanized cities and of
4. Term Limitations and Recall
other use as the sangguniang concerned may deem component cities whose charters prohibit their voters
beneficial to the local government unit concerned and its from voting for provincial elective officials, hereinafter
inhabitants. referred to in this Code as independent component
cities, may, in consultation with the Philippine Historical
(c) Local government offices and facilities shall not be Commission, change the name of the following within
transferred, relocated, or converted to other uses unless its territorial jurisdiction:
public hearings are first conducted for the purpose and (1) City barangays, upon the recommendation of the
the concurrence of the majority of all the members of the sangguniang barangay concerned;
sanggunian concerned is obtained. (2) City roads, avenues, boulevards, thoroughfares, and
bridges;
Section 12. Government Centers. - Provinces, cities, and (3) Public elementary, secondary and vocational or
municipalities shall endeavor to establish a government technical schools, community colleges and non-
center where offices, agencies, or branches of the chartered colleges;
national government, local government units, or (4) City hospitals, health centers and other health
government-owned or controlled corporations may, as far
facilities; and
as practicable, be located. In designating such a center,
(5) Any other public place or building owned by the city
the local government unit concerned shall take into
government.
account the existing facilities of national and local
agencies and offices which may serve as the government
(c) The sanggunians of component cities and
center as contemplated under this Section. The national
municipalities may, in consultation with the Philippine
government, local government unit or government-owned
Historical Commission, change the name of the
or controlled corporation concerned shall bear the
following within its territorial jurisdiction:
expenses for the construction of its buildings and
(1) City and municipal barangays, upon recommendation
facilities in the government center.
of the sangguniang barangay concerned;
(2) City, municipal and barangay roads, avenues,
boulevards, thoroughfares, and bridges;

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 (3) City and municipal public elementary, secondary and
vocational or technical schools, post- secondary and
other tertiary schools;
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(4) City and municipal hospitals, health centers and other Section 16. General Welfare. - Every local government
health facilities; and unit shall exercise the powers expressly granted, those
XI. LOCAL GOVERNMENTS (1987 (5) Any other public place or building owned by the necessarily implied therefrom, as well as powers
CONST., art. X; R.A. No. 7160)
municipal government. necessary, appropriate, or incidental for its efficient
and effective governance, and those which are
A. Principles of Local Autonomy (d) None of the foregoing local government units, essential to the promotion of the general welfare.
B. Local Government Units institutions, places, or buildings shall be named after a Within their respective territorial jurisdictions, local
living person, nor may a change of name be made unless government units shall ensure and support, among
1. Powers of Local Government Units
for a justifiable reason and, in any case, not oftener than other things, the preservation and enrichment of
a. Police Power and General Welfare once every ten (10) years. The name of a local government culture, promote health and safety, enhance the right
Clause
unit or a public place, street or structure with historical, of the people to a balanced ecology, encourage and
b. Eminent Domain and Taxation cultural, or ethnic significance shall not be changed, support the development of appropriate and self-reliant
c. Requisites of a Valid Ordinance; Local unless by a unanimous vote of the sanggunian concerned scientific and technological capabilities, improve public
Initiative and Referendum and in consultation with the PHC. morals, enhance economic prosperity and social
d. Corporate Powers justice, promote full employment among their
(e) A change of name of a public school shall be made residents, maintain peace and order, and preserve the
2. Local Elective and Appointive Officials
only upon the recommendation of the local school board comfort and convenience of their inhabitants.
3. Rules of Succession concerned.
4. Term Limitations and Recall Section 18. Power to Generate and Apply Resources. -
(f) A change of name of public hospitals, health centers, Local government units shall have the power and
and other health facilities shall be made only upon the authority to establish an organization that shall be
recommendation of the local health board concerned. responsible for the efficient and effective
(g) The change of name of any local government unit shall implementation of their development plans, program
be effective only upon ratification in a plebiscite objectives and priorities; to create their own sources of
conducted for the purpose in the political unit directly revenues and to levy taxes, fees, and charges which
affected. shall accrue exclusively for their use and disposition
and which shall be retained by them; to have a just
(h) In any change of name, the Office of the President, the share in national taxes which shall be automatically and
representative of the legislative district concerned, and directly released to them without need of any further
the Bureau of Posts shall be notified. action; to have an equitable share in the proceeds from
the utilization and development of the national wealth
Section 14. Beginning of Corporate Existence. - When a and resources within their respective territorial
new local government unit is created, its corporate
jurisdictions including sharing the same with the
existence shall commence upon the election and
inhabitants by way of direct benefits; to acquire,
qualification of its chief executive and a majority of the
develop, lease, encumber, alienate, or otherwise
members of its sanggunian, unless some other time is
dispose of real or personal property held by them in
fixed therefor by the law or ordinance creating it.
their proprietary capacity and to apply their resources
and assets for productive, developmental, or welfare
Section 15. Political and Corporate Nature of Local
purposes, in the exercise or furtherance of their
Government Units. - Every local government unit created
governmental or proprietary powers and functions and
or recognized under this Code is a body politic and
thereby ensure their development into self-reliant
corporate endowed with powers to be exercised by it in
communities and active participants in the attainment
conformity with law. As such, it shall exercise powers as a
of national goals.
political subdivision of the national government and as a
corporate entity representing the inhabitants of its

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 Section 19. Eminent Domain. - A local government unit
may, through its chief executive and acting pursuant to an
ordinance, exercise the power of eminent domain for
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public use, or purpose or welfare for the benefit of the (b) The President may, when public interest so requires
poor and the landless, upon payment of just and upon recommendation of the National Economic
XI. LOCAL GOVERNMENTS (1987 compensation, pursuant to the provisions of the and Development Authority, authorize a city or
CONST., art. X; R.A. No. 7160)
Constitution and pertinent laws: Provided, however, That municipality to reclassify lands in excess of the limits
the power of eminent domain may not be exercised unless set in the next preceding paragraph.
A. Principles of Local Autonomy a valid and definite offer has been previously made to the (c) The local government units shall, in conformity with
B. Local Government Units owner, and such offer was not accepted: Provided, further, existing laws, continue to prepare their respective
That the local government unit may immediately take comprehensive land use plans enacted through zoning
1. Powers of Local Government Units
possession of the property upon the filing of the ordinances which shall be the primary and dominant
a. Police Power and General Welfare expropriation proceedings and upon making a deposit with bases for the future use of land resources: Provided.
Clause
the proper court of at least fifteen percent (15%) of the That the requirements for food production, human
b. Eminent Domain and Taxation fair market value of the property based on the current tax settlements, and industrial expansion shall be taken
c. Requisites of a Valid Ordinance; Local declaration of the property to be expropriated: Provided, into consideration in the preparation of such plans.
Initiative and Referendum finally, That, the amount to be paid for the expropriated (d) Where approval by a national agency is required for
d. Corporate Powers
property shall be determined by the proper court, based reclassification, such approval shall not be
on the fair market value at the time of the taking of the unreasonably withheld. Failure to act on a proper and
2. Local Elective and Appointive Officials
property. complete application for reclassification within three
3. Rules of Succession
(3) months from receipt of the same shall be deemed
4. Term Limitations and Recall
Section 20. Reclassification of Lands. - as approval thereof.
(a) A city or municipality may, through an ordinance (e) Nothing in this Section shall be construed as
passed by the sanggunian after conducting public repealing, amending, or modifying in any manner the
hearings for the purpose, authorize the reclassification of provisions of R.A. No. 6657.
agricultural lands and provide for the manner of their
utilization or disposition in the following cases: (1) when Section 21. Closure and Opening of Roads. -
the land ceases to be economically feasible and sound for (a) A local government unit may, pursuant to an
agricultural purposes as determined by the Department of ordinance, permanently or temporarily close or open
Agriculture or (2) where the land shall have substantially any local road, alley, park, or square falling within its
greater economic value for residential, commercial, or jurisdiction: Provided, however, That in case of
industrial purposes, as determined by the sanggunian permanent closure, such ordinance must be approved
concerned: Provided, That such reclassification shall be by at least two-thirds (2/3) of all the members of the
limited to the following percentage of the total sanggunian, and when necessary, an adequate
agricultural land area at the time of the passage of the substitute for the public facility that is subject to
ordinance:
closure is provided.
(b) No such way or place or any part thereof shall be
(1) For highly urbanized and independent component
permanently closed without making provisions for the
cities, fifteen percent (15%);
maintenance of public safety therein. A property thus
(2) For component cities and first to the third class
permanently withdrawn from public use may be used or
municipalities, ten percent (10%); and
conveyed for any purpose for which other real property
(3) For fourth to sixth class municipalities, five percent
belonging to the local government unit concerned may
(5%): Provided, further, That agricultural lands distributed
be lawfully used or conveyed: Provided, however, That
to agrarian reform beneficiaries pursuant to Republic Act
no freedom park shall be closed permanently without
Numbered Sixty-six hundred fifty-seven (R.A. No. 6657).
provision for its transfer or relocation to a new site.
otherwise known as "The Comprehensive Agrarian Reform
Law", shall not be affected by the said reclassification and
the conversion of such lands into other purposes shall be

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governed by Section 65 of said Act.
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 (c) Any national or local road, alley, park, or square may
be temporarily closed during an actual emergency, or
fiesta celebrations, public rallies, agricultural or industrial
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fairs, or an undertaking of public works and highways, Section 23. Authority to Negotiate and Secure Grants.
telecommunications, and waterworks projects, the - Local chief executives may, upon authority of the
XI. LOCAL GOVERNMENTS (1987 duration of which shall be specified by the local chief sanggunian, negotiate and secure financial grants or
CONST., art. X; R.A. No. 7160)
executive concerned in a written order: Provided, donations in kind, in support of the basic services or
however, That no national or local road, alley, park, or facilities enumerated under Section 17 hereof, from
A. Principles of Local Autonomy square shall be temporarily closed for athletic, cultural, or local and foreign assistance agencies without
B. Local Government Units civic activities not officially sponsored, recognized, or necessity of securing clearance or approval therefor
approved by the local government unit concerned. from any department, agency, or office of the national
1. Powers of Local Government Units
(d) Any city, municipality, or barangay may, by a duly government of from any higher local government unit:
a. Police Power and General Welfare enacted ordinance, temporarily close and regulate the use Provided, That projects financed by such grants or
Clause
of any local street, road, thoroughfare, or any other public assistance with national security implications shall be
b. Eminent Domain and Taxation place where shopping malls, Sunday, flea or night approved by the national agency concerned: Provided,
c. Requisites of a Valid Ordinance; Local markets, or shopping areas may be established and where further, That when such national agency fails to act on
Initiative and Referendum goods, merchandise, foodstuffs, commodities, or articles the request for approval within thirty (30) days from
d. Corporate Powers
of commerce may be sold and dispensed to the general receipt thereof, the same shall be deemed approved.
public. The local chief executive shall, within thirty (30) days
2. Local Elective and Appointive Officials
upon signing of such grant agreement or deed of
3. Rules of Succession Section 22. Corporate Powers. - donation, report the nature, amount, and terms of such
4. Term Limitations and Recall
(a) Every local government unit, as a corporation, shall assistance to both Houses of Congress and the
have the following powers: President.
(1) To have continuous succession in its corporate name;
(2) To sue and be sued; Section 24. Liability for Damages. - Local government
(3) To have and use a corporate seal; units and their officials are not exempt from liability for
(4) To acquire and convey real or personal property; death or injury to persons or damage to property.
(5) To enter into contracts; and Local Legislation
(6) To exercise such other powers as are granted to
corporations, subject to the limitations provided in this Section 48. Local Legislative Power. - Local legislative
Code and other laws. power shall be exercised by the sangguniang
(b) Local government units may continue using, modify, or panlalawigan for the province; the sangguniang
change their existing corporate seals: Provided, That panlungsod for the city; the sangguniang bayan for the
newly established local government units or those without municipality; and the sangguniang barangay for the
corporate seals may create their own corporate seals barangay.
which shall be registered with the Department of the
Interior and Local Government: Provided, further, That any Section 186. Power To Levy Other Taxes, Fees or
change of corporate seal shall also be registered as Charges. - Local government units may exercise the
provided hereon. power to levy taxes, fees or charges on any base or
(c) Unless otherwise provided in this Code, no contract subject not otherwise specifically enumerated herein or
may be entered into by the local chief executive in behalf taxed under the provisions of the National Internal
of the local government unit without prior authorization by Revenue Code, as amended, or other applicable laws:
the sanggunian concerned. A legible copy of such Provided, That the taxes, fees, or charges shall not be
contract shall be posted at a conspicuous place in the unjust, excessive, oppressive, confiscatory or contrary
provincial capitol or the city, municipal or barangay hall. to declared national policy: Provided, further, That the
(d) Local government units shall enjoy full autonomy in the ordinance levying such taxes, fees or charges shall not
exercise of their proprietary functions and in the be enacted without any prior public hearing conducted
limitations provided in this Code and other applicable for the purpose.

Political Law
laws,
www.lexmond.ph 121
 ELECTIVE OFFICIALS
Qualifications and Election
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Section 39. Qualifications. - Section 41. Manner of Election. -
(a) An elective local official must be a citizen of the (a) The governor, vice-governor, city mayor, city vice-
XI. LOCAL GOVERNMENTS (1987 Philippines; a registered voter in the barangay, mayor, municipal mayor, municipal vice-mayor, and
CONST., art. X; R.A. No. 7160) municipality, city, or province or, in the case of a member punong barangay shall be elected at large in their
of the sangguniang panlalawigan, sangguniang panlungsod, respective units by the qualified voters therein. However,
A. Principles of Local Autonomy or sangguniang bayan, the district where he intends to be the sangguniang kabataan chairman for each barangay
shall be elected by the registered voters of the katipunan
B. Local Government Units
elected; a resident therein for at least one (1) year
ng kabataan, as provided in this Code.
immediately preceding the day of the election; and able to
1. Powers of Local Government Units
read and write Filipino or any other local language or
(b) The regular members of the sangguniang panlalawigan,
a. Police Power and General Welfare dialect.
Clause sangguniang panlungsod, and sangguniang bayan shall be
(b) Candidates for the position of governor, vice-governor,
elected by district as follows:
b. Eminent Domain and Taxation or member of the sangguniang panlalawigan, or mayor,
vice-mayor or member of the sangguniang panlungsod of
c. Requisites of a Valid Ordinance; Local "First and second-class provinces shall have ten (10)
Initiative and Referendum highly urbanized cities must be at least twenty-one (21)
regular members; third and fourth-class provinces, eight
years of age on election day.
d. Corporate Powers (8); and fifth and sixth-class provinces, six (6): Provided,
(c) Candidates for the position of mayor or vice-mayor of
That in provinces having more than five (5) legislative
2. Local Elective and Appointive Officials independent component cities, component cities, or
districts, each district shall have two (2) sangguniang
3. Rules of Succession municipalities must be at least twenty-one (21) years of panlalawigan members, without prejudice to the
age on election day. provisions of Sec. 2 of Republic Act No. 6637.
4. Term Limitations and Recall
(d) Candidates for the position of member of the Sangguniang barangay members shall be elected at large.
sangguniang panlungsod or sangguniang bayan must be at The presidents of the leagues of sanggunian members of
least eighteen (18) years of age on election day. component cities and municipalities shall serve as ex
(e) Candidates for the position of punong barangay or officio members of the sangguniang panlalawigan
member of the sangguniang barangay must be at least concerned. The presidents of the liga ng mga barangay
eighteen (18) years of age on election day. and the pederasyon ng mga sangguniang kabataan
(f) Candidates for the sangguniang kabataan must be at elected by their respective chapters, as provided in this
least fifteen (15) years of age but not more than twenty- Code, shall serve as ex officio members of the
one (21) years of age on election day. sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang bayan."
Section 40. Disqualifications. - The following persons are
disqualified from running for any elective local position: (c) In addition thereto, there shall be one (1) sectoral
(a) Those sentenced by final judgment for an offense representative from the women, one (1) from the workers,
involving moral turpitude or for an offense punishable by and one (1) from any of the following sectors: the urban
one (1) year or more of imprisonment, within two (2) years poor, indigenous cultural communities, disabled persons,
after serving sentence; or any other sector as may be determined by the
(b) Those removed from office as a result of an sanggunian concerned within ninety (90) days prior to the
administrative case; holding of the next local elections as may be provided for
(c) Those convicted by final judgment for violating the oath by law. The COMELEC shall promulgate the rules and
of allegiance to the Republic; regulations to effectively provide for the election of such
(d) Those with dual citizenship; sectoral representatives.
(e) Fugitives from justice in criminal or non-political cases
here or abroad; Section 42. Date of Election. - Unless otherwise provided
(f) Permanent residents in a foreign country or those who by law, the elections for local officials shall be held every
have acquired the right to reside abroad and continue to three (3) years on the second Monday of May.
avail of the same right after the effectivity of this Code;
and
www.lexmond.ph (g) The insane or feeble-minded. 122 Political Law
 Section 43. Term of Office. -
(a) The term of office of all local elective officials elected
after the effectivity of this Code shall be three (3) years,
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starting from noon of June 30, 1992 or such date as may For purposes of this Chapter, a permanent vacancy
be provided for by law, except that of elective barangay arises when an elective local official fills a higher vacant
XI. LOCAL GOVERNMENTS (1987 officials: Provided, That all local officials first elected office, refuses to assume office, fails to qualify, dies, is
CONST., art. X; R.A. No. 7160)
during the local elections immediately following the removed from office, voluntarily resigns, or is otherwise
permanently incapacitated to discharge the functions of
ratification of the 1987 Constitution shall serve until noon
A. Principles of Local Autonomy his office.
of June 30, 1992.
B. Local Government Units (b) No local elective official shall serve for more than
For purposes of succession as provided in the Chapter,
three (3) consecutive terms in the same position.
1. Powers of Local Government Units ranking in the sanggunian shall be determined on the
Voluntary renunciation of the office for any length of time
a. Police Power and General Welfare basis of the proportion of votes obtained by each
shall not be considered as an interruption in the
Clause winning candidate to the total number of registered
continuity of service for the full term for which the
b. Eminent Domain and Taxation
voters in each district in the immediately preceding local
elective official concerned was elected.
election.
c. Requisites of a Valid Ordinance; Local (c) The term of office of barangay officials and members
Initiative and Referendum
of the sangguniang kabataan shall be for three (3) years,
Section 45. Permanent Vacancies in the Sanggunian. -
d. Corporate Powers which shall begin after the regular election of barangay (a) Permanent vacancies in the sanggunian where
officials on the second Monday of May 1994. automatic succession provided above do not apply shall
2. Local Elective and Appointive Officials
be filled by appointment in the following manner:
3. Rules of Succession
Vacancies and Succession (1) The President, through the Executive Secretary, in the
4. Term Limitations and Recall case of the sangguniang panlalawigan and the
Section 44. Permanent Vacancies in the Offices of the sangguniang panlungsod of highly urbanized cities and
Governor, Vice-Governor, Mayor, and Vice-Mayor. - If a independent component cities;
permanent vacancy occurs in the office of the governor (2) The governor, in the case of the sangguniang
or mayor, the vice-governor or vice-mayor concerned panlungsod of component cities and the sangguniang
shall become the governor or mayor. If a permanent bayan;
vacancy occurs in the offices of the governor, vice- (3) The city or municipal mayor, in the case of
governor, mayor, or vice-mayor, the highest ranking sangguniang barangay, upon recommendation of the
sanggunian member or, in case of his permanent inability, sangguniang barangay concerned.
the second highest ranking sanggunian member, shall
become the governor, vice-governor, mayor or vice- (b) Except for the sangguniang barangay, only the
mayor, as the case may be. Subsequent vacancies in the nominee of the political party under which the
said office shall be filled automatically by the other sanggunian member concerned had been elected and
sanggunian members according to their ranking as whose elevation to the position next higher in rank
defined herein. created the last vacancy in the sanggunian shall be
appointed in the manner hereinabove provided. The
(a) If a permanent vacancy occurs in the office of the appointee shall come from the same political party as
punong barangay, the highest ranking sanggunian that of the sanggunian member who caused the vacancy
barangay member or, in case of his permanent inability, and shall serve the unexpired term of the vacant office.
the second highest ranking sanggunian member, shall In the appointment herein mentioned, a nomination and a
become the punong barangay. certificate of membership of the appointee from the
highest official of the political party concerned are
(b) A tie between or among the highest ranking conditions sine qua non, and any appointment without
sanggunian members shall be resolved by the drawing of such nomination and certification shall be null and void
lots. ab initio and shall be a ground for administrative action
against the official responsible therefore.
(c) The successors as defined herein shall serve only the
www.lexmond.ph unexpired terms of their predecessors. 123 Political Law
 (c) In case or permanent vacancy is caused by a
sanggunian member who does not belong to any political
party, the local chief executive shall, upon
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recommendation of the sanggunian concerned, appoint a (e) Except as provided above, the local chief executive
qualified person to fill the vacancy. shall in no case authorize any local official to assume
XI. LOCAL GOVERNMENTS (1987 (d) In case of vacancy in the representation of the youth the powers, duties, and functions of the office, other
CONST., art. X; R.A. No. 7160)
and the barangay in the sanggunian, said vacancy shall be than the vice-governor, the city or municipal vice-mayor,
or the highest ranking sangguniang barangay member, as
filled automatically by the official next in rank of the
A. Principles of Local Autonomy the case may be.
organization concerned.
B. Local Government Units
Section 47. Approval of Leaves of Absence. -
Section 46. Temporary Vacancy in the Office of the
1. Powers of Local Government Units (a) Leaves of absence of local elective officials shall be
Local Chief Executive. -
a. Police Power and General Welfare approved as follows:
(a) When the governor, city or municipal mayor, or punong
Clause (1) Leaves of absence of the governor and the mayor of a
barangay is temporarily incapacitated to perform his
b. Eminent Domain and Taxation
highly urbanized city or an independent component city
duties for physical or legal reasons such as, but not
shall be approved by the President or his duly authorized
c. Requisites of a Valid Ordinance; Local limited to, leave of absence, travel abroad, and
Initiative and Referendum
representative;
suspension from office, the vice-governor, city or
(2) Leaves of absence of vice-governor or a city or
d. Corporate Powers municipal vice-mayor, or the highest ranking sangguniang municipal vice-mayor shall be approved by the local
barangay member shall automatically exercise the chief executive concerned: Provided, That the leaves of
2. Local Elective and Appointive Officials
powers and perform the duties and functions of the local absence of the members of the sanggunian and its
3. Rules of Succession
chief executive concerned, except the power to appoint, employees shall be approved by the vice-governor or
4. Term Limitations and Recall suspend, or dismiss employees which can only be city or municipal vice-mayor concerned;
exercised if the period of temporary incapacity exceeds (3) Leaves of absence of the component city or
thirty (30) working days. municipal mayor shall be approved by the governor; and
(b) Said temporary incapacity shall terminate upon (4) Leaves of absence of a punong barangay shall be
submission to the appropriate sanggunian of a written approved by the city or municipal mayor: Provided, That
declaration by the local chief executive concerned that leaves of absence of sangguniang barangay members
he has reported back to office. In cases where the shall be approved by the punong barangay.
temporary incapacity is due to legal causes, the local (b) Whenever the application for leave of absence
chief executive concerned shall also submit necessary hereinabove specified is not acted upon within five (5)
documents showing that said legal causes no longer working days after receipt thereof, the application for
exist. leave of absence shall be deemed approved.
(c) When the incumbent local chief executive is traveling
within the country but outside his territorial jurisdiction Recall
for a period not exceeding three (3) consecutive days, he
may designate in writing the officer-in-charge of the said Section 69. By Whom Exercised. - The power of recall
office. Such authorization shall specify the powers and for loss of confidence shall be exercised by the
functions that the local official concerned shall exercise registered voters of a local government unit to which the
in the absence of the local chief executive except the local elective official subject to such recall belongs.
power to appoint, suspend, or dismiss employees.
(d) In the event, however, that the local chief executive Section 70. Initiation of the Recall Process. -
concerned fails or refuses to issue such authorization, (a) Recall may be initiated by a preparatory recall
the vice-governor, the city or municipal vice-mayor, or the assembly or by the registered voters of the local
highest ranking sangguniang barangay member, as the government unit to which the local elective official
case may be, shall have the right to assume the powers, subject to such recall belongs.
duties, and functions of the said office on the fourth (4th)
day of absence of the said local chief executive, subject
to the limitations provided in subsection (c) hereof.
www.lexmond.ph 124 Political Law
 (b) There shall be a preparatory recall assembly in every
province, city, district, and municipality which shall be
composed of the following:
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(1) Provincial level. - All mayors, vice-mayors, and Section 71. Election on Recall. - Upon the filing of a
sanggunian members of the municipalities and component valid resolution or petition for recall with the
XI. LOCAL GOVERNMENTS (1987 cities; appropriate local office of the COMELEC, the
CONST., art. X; R.A. No. 7160)
(2) City level. - All punong barangay and sanggunian Commission or its duly authorized representative shall
barangay members in the city; set the date of the election on recall, which shall not
A. Principles of Local Autonomy
(3) Legislative District level. - In case where sangguniang be later than thirty (30) days after the filing of the
B. Local Government Units panlalawigan members are elected by district, all elective resolution or petition for recall in the case of the
municipal officials in the district; and in cases where barangay, city, or municipal officials. and forty-five (45)
1. Powers of Local Government Units
sangguniang panlungsod members are elected by district, days in the case of provincial officials. The official or
a. Police Power and General Welfare
all elective barangay officials in the district; and officials sought to be recalled shall automatically be
Clause
(4) Municipal level. - All punong barangay and considered as duly registered candidate or candidates
b. Eminent Domain and Taxation
sangguniang barangay members in the municipality. to the pertinent positions and, like other candidates,
c. Requisites of a Valid Ordinance; Local (c) A majority of all the preparatory recall assembly shall be entitled to be voted upon.
Initiative and Referendum
members may convene in session in a public place and
d. Corporate Powers initiate a recall proceedings against any elective official Section 72. Effectivity of Recall. - The recall of an
in the local government unit concerned. Recall of elective local official shall be effective only upon the
2. Local Elective and Appointive Officials
provincial, city, or municipal officials shall be validly election and proclamation of a successor in the person
3. Rules of Succession
initiated through a resolution adopted by a majority of all of the candidate receiving the highest number of votes
4. Term Limitations and Recall the members of the preparatory recall assembly cast during the election on recall. Should the official
concerned during its session called for the purpose. sought to be recalled receive the highest number of
(d) Recall of any elective provincial, city, municipal, or votes, confidence in him is thereby affirmed, and he
barangay official may also be validly initiated upon shall continue in office.
petition of at least twenty-five percent (25%) of the total
number of registered voters in the local government unit Section 73. Prohibition from Resignation. - The
concerned during the election in which the local official elective local official sought to be recalled shall not be
sought to be recalled was elected. allowed to resign while the recall process is in
progress.
(1) A written petition for recall duly signed before the
election registrar or his representative, and in the Section 74. Limitations on Recall. -
presence of a representative of the petitioner and a (a) Any elective local official may be the subject of a
representative of the official sought to be recalled and, recall election only once during his term of office for
and in a public place in the province, city, municipality, or loss of confidence.
barangay, as the case may be, shall be filed with the (b) No recall shall take place within one (1) year from
COMELEC through its office in the local government unit the date of the official's assumption to office or one (1)
concerned. The COMELEC or its duly authorized year immediately preceding a regular local election.
representative shall cause the publication of the petition
in a public and conspicuous place for a period of not less Section 75. Expenses Incident to Recall Elections. -
than ten (10) days nor more than twenty (20) days, for the All expenses incident to recall elections shall be borne
purpose of verifying the authenticity and genuineness of by the COMELEC. For this purpose, there shall be
the petition and the required percentage of voters. included in the annual General Appropriations Act a
contingency fund at the disposal of the COMELEC for
(2) Upon the lapse of the aforesaid period, the COMELEC the conduct of recall elections.
or its duly authorized representative shall announce the
acceptance of candidates to the position and thereafter
prepare the list of candidates which shall include the
www.lexmond.ph name of the official sought to be recalled. 125 Political Law
 ARTICLE II
Declaration of Principles and State Policies
Principles
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Vienna Convention on Diplomatic Relations
SECTION 2. The Philippines renounces war as an
XII. PUBLIC INTERNATIONAL LAW instrument of national policy, adopts the generally The States Parties to the present Convention, Recalling
accepted principles of international law as part of the law that peoples of all nations from ancient times have
of the land and adheres to the policy of peace, equality, recognized the status of diplomatic agents,
A. Doctrine of Incorporation and
justice, freedom, cooperation, and amity with all nations.
Transformation (1987 CONST., art. II, sec.
2; art. VII, sec. 21)
Having in mind the purposes and principles of the
ARTICLE VII Charter of the United Nations concerning the sovereign
B. Sources of Obligations in International
Law (Statute of the International Court of Executive Department equality of States, the maintenance of international
Justice, art. 38) peace and security, and the promotion of friendly
C. Subjects of International Law SECTION 21. No treaty or international agreement shall be relations among nations,
valid and effective unless concurred in by at least two-
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations; thirds of all the Members of the Senate. Believing that an international convention on diplomatic
Vienna Convention on Consular Relations) intercourse, privileges and immunities would contribute
Statute of the International Court of Justice to the development of friendly relations among nations,
Article 38 irrespective of their differing constitutional and social
1. The Court, whose function is to decide in accordance systems,
with international law such disputes as are submitted to
it, shall apply: Realizing that the purpose of such privileges and
immunities is not to benefit individuals but to ensure
a. international conventions, whether general or the efficient performance of the functions of diplomatic
particular, establishing rules expressly recognized by the missions as representing States,
contesting states;
Affirming that the rules of customary international law
b. international custom, as evidence of a general practice should continue to govern questions not expressly
accepted as law; regulated by the provisions of the present Convention,

c. the general principles of law recognized by civilized Have agreed as follows:

nations;
Article 1
d. subject to the provisions of Article 59, judicial For the purpose of the present Convention, the
decisions and the teachings of the most highly qualified following expressions shall have the meanings
publicists of the various nations, as subsidiary means for hereunder assigned to them:
the determination of rules of law. (a) The “head of the mission” is the person charged by
the sending State with the duty of acting in that
2. This provision shall not prejudice the power of the capacity;
Court to decide a case ex aequo et bono, if the parties (b) The “members of the mission” are the head of the
agree thereto. mission and the members of the staff of the mission;
(c) The “members of the staff of the mission” are the
members of the diplomatic staff, of the administrative
and technical staff and of the service staff of the
mission;
(d) The “members of the diplomatic staff” are the
members of the staff of the mission having diplomatic
rank;
www.lexmond.ph 126 Political Law
 (e) A “diplomatic agent” is the head of the mission or a
member of the diplomatic staff of the mission;
(f) The “members of the administrative and technical
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staff” are the members of the staff of the mission Article 5
employed in the administrative and technical service of 1.The sending State may, after it has given due
XII. PUBLIC INTERNATIONAL LAW the mission; notification to the receiving States concerned, accredit
(g) The “members of the service staff” are the members a head of mission or assign any member of the
of the staff of the mission in the domestic service of the diplomatic staff, as the case may be, to more than one
A. Doctrine of Incorporation and
mission; State, unless there is express objection by any of the
Transformation (1987 CONST., art. II, sec.
2; art. VII, sec. 21) (h) A “private servant” is a person who is in the domestic receiving States.
service of a member of the mission and who is not an 2.If the sending State accredits a head of mission to
B. Sources of Obligations in International
Law (Statute of the International Court of employee of the sending State; one or more other States it may establish a diplomatic
Justice, art. 38)
(i) The “premises of the mission” are the buildings or mission headed by a chargé d’affaires ad interim in
C. Subjects of International Law parts of buildings and the land ancillary thereto, each State where the head of mission has not his
irrespective of ownership, used for the purposes of the permanent seat.
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations; mission including the residence of the head of the 3.A head of mission or any member of the diplomatic
Vienna Convention on Consular Relations)
mission. staff of the mission may act as representative of the
sending State to any international organization.
Article 2
The establishment of diplomatic relations between Article 6
States, and of permanent diplomatic missions, takes Two or more States may accredit the same person as
place by mutual consent. head of mission to another State, unless objection is
offered by the receiving State.
Article 3
1.The functions of a diplomatic mission consist, inter alia, Article 7
in: (a)Representing the sending State in the receiving Subject to the provisions of articles 5, 8, 9 and 11, the
State; sending State may freely appoint the members of the
(b) Protecting in the receiving State the interests of the staff of the mission. In the case of military, naval or air
sending State and of its nationals, within the limits attachés, the receiving State may require their names
permitted by international law; to be submitted beforehand, for its approval.
(c) Negotiating with the Government of the receiving
State; Article 8
(d) Ascertaining by all lawful means conditions and 1.Members of the diplomatic staff of the mission should
developments in the receiving State, and reporting in principle be of the nationality of the sending State.
thereon to the Government of the sending State; 2.Members of the diplomatic staff of the mission may
(e) Promoting friendly relations between the sending not be appointed from among persons having the
State and the receiving State, and developing their nationality of the receiving State, except with the
economic, cultural and scientific relations. consent of that State which may be withdrawn at any
time.
2.Nothing in the present Convention shall be construed as 3.The receiving State may reserve the same right with
preventing the performance of consular functions by a regard to nationals of a third State who are not also
diplomatic mission. nationals of the sending State.

Article 4
1.The sending State must make certain that the
agreement of the receiving State has been given for the
person it proposes to accredit as head of the mission to
that State. 2.The receiving State is not obliged to give
www.lexmond.ph reasons to the sending State for a refusal of agrément. 128 Political Law
 Article 9
1.The receiving State may at any time and without having
to explain its decision, notify the sending State that the
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head of the mission or any member of the diplomatic staff Article 12
of the mission is persona non grata or that any other The sending State may not, without the prior express
XII. PUBLIC INTERNATIONAL LAW member of the staff of the mission is not acceptable. In consent of the receiving State, establish offices
any such case, the sending State shall, as appropriate, forming part of the mission in localities other than
either recall the person concerned or terminate his those in which the mission itself is established.
A. Doctrine of Incorporation and
functions with the mission. A person may be declared non
Transformation (1987 CONST., art. II, sec.
2; art. VII, sec. 21) grata or not acceptable before arriving in the territory of Article 13
the receiving State. 1.The head of the mission is considered as having taken
B. Sources of Obligations in International
Law (Statute of the International Court of
up his functions in the receiving State either when he
Justice, art. 38)
2.If the sending State refuses or fails within a reasonable has presented his credentials or when he has notified
C. Subjects of International Law period to carry out its obligations under paragraph 1 of his arrival and a true copy of his credentials has been
this article, the receiving State may refuse to recognize presented to the Ministry for Foreign Affairs of the
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations; the person concerned as a member of the mission. receiving State, or such other ministry as may be
Vienna Convention on Consular Relations) agreed, in accordance with the practice prevailing in
Article 10 the receiving State which shall be applied in a uniform
1.The Ministry for Foreign Affairs of the receiving State, or manner.
such other ministry as may be agreed, shall be notified of: 2.The order of presentation of credentials or of a true
(a) The appointment of members of the mission, their copy thereof will be determined by the date and time
arrival and their final departure or the termination of their of the arrival of the head of the mission.
functions with the mission;
(b) The arrival and final departure of a person belonging Article 14
to the family of a member of the mission and, where 1.Heads of mission are divided into three classes,
appropriate, the fact that a person becomes or ceases to namely:
be a member of the family of a member of the mission; (a) That of ambassadors or nuncios accredited to
(c) The arrival and final departure of private servants in Heads of State, and other heads of mission of
the employ of persons referred to in subparagraph (a) of equivalent rank;
this paragraph and, where appropriate, the fact that they (b)That of envoys, ministers and internuncios
are leaving the employ of such persons; accredited to Heads of State;
(d) The engagement and discharge of persons resident in (c)That of chargés d’affaires accredited to Ministers for
the receiving State as members of the mission or private Foreign Affairs.
servants entitled to privileges and immunities.
2.Except as concerns precedence and etiquette, there
2.Where possible, prior notification of arrival and final shall be no differentiation between heads of mission by
departure shall also be given. reason of their class. Article 15 The class to which the
heads of their missions are to be assigned shall be
Article 11 agreed between States.
1.In the absence of specific agreement as to the size of
the mission, the receiving State may require that the size Article 16
of a mission be kept within limits considered by it to be 1.Heads of mission shall take precedence in their
reasonable and normal, having regard to circumstances respective classes in the order of the date and time of
and conditions in the receiving State and to the needs of taking up their functions in accordance with article 13.
the particular mission.
2.The receiving State may equally, within similar bounds
and on a non-discriminatory basis, refuse to accept
officials of a particular category.
www.lexmond.ph 129 Political Law
 2.Alterations in the credentials of a head of mission not
involving any change of class shall not affect his
precedence.
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3.This article is without prejudice to any practice 2.It shall also, where necessary, assist missions in
accepted by the receiving State regarding the obtaining suitable accommodation for their members.
XII. PUBLIC INTERNATIONAL LAW precedence of the representative of the Holy See.
Article 22
Article 17 1.The premises of the mission shall be inviolable. The
A. Doctrine of Incorporation and
The precedence of the members of the diplomatic staff agents of the receiving State may not enter them,
Transformation (1987 CONST., art. II, sec.
2; art. VII, sec. 21) of the mission shall be notified by the head of the mission except with the consent of the head of the mission.
to the Ministry for Foreign Affairs or such other ministry 2.The receiving State is under a special duty to take all
B. Sources of Obligations in International
Law (Statute of the International Court of as may be agreed. appropriate steps to protect the premises of the
Justice, art. 38) mission against any intrusion or damage and to prevent
C. Subjects of International Law Article 18 any disturbance of the peace of the mission or
The procedure to be observed in each State for the impairment of its dignity.
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations; reception of heads of mission shall be uniform in respect 3.The premises of the mission, their furnishings and
Vienna Convention on Consular Relations)
of each class. other property thereon and the means of transport of
the mission shall be immune from search, requisition,
Article 19 attachment or execution.
1.If the post of head of the mission is vacant, or if the
head of the mission is unable to perform his functions a Article 23
chargé d’affaires ad interim shall act provisionally as 1.The sending State and the head of the mission shall
head of the mission. The name of the chargé d’affaires ad be exempt from all national, regional or municipal dues
interim shall be notified, either by the head of the mission and taxes in respect of the premises of the mission,
or, in case he is unable to do so, by the Ministry for whether owned or leased, other than such as represent
Foreign Affairs of the sending State to the Ministry for payment for specific services rendered.
Foreign Affairs of the receiving State or such other 2.The exemption from taxation referred to in this article
ministry as may be agreed. shall not apply to such dues and taxes payable under
2.In cases where no member of the diplomatic staff of the the law of the receiving State by persons contracting
mission is present in the receiving State, a member of the with the sending State or the head of the mission.
administrative and technical staff may, with the consent
of the receiving State, be designated by the sending Article 24
State to be in charge of the current administrative affairs The archives and documents of the mission shall be
of the mission. inviolable at any time and wherever they may be.

Article 20 Article 25
The mission and its head shall have the right to use the The receiving State shall accord full facilities for the
flag and emblem of the sending State on the premises of performance of the functions of the mission.
the mission, including the residence of the head of the
mission, and on his means of transport. Article 26 Subject to its laws and regulations
concerning zones entry into which is prohibited or
Article 21 regulated for reasons of national security, the receiving
1.The receiving State shall either facilitate the acquisition State shall ensure to all members of the mission
on its territory, in accordance with its laws, by the freedom of movement and travel in its territory.
sending State of premises necessary for its mission or
assist the latter in obtaining accommodation in some
other way.

www.lexmond.ph 130 Political Law

 Article 27
1.The receiving State shall permit and protect free
communication on the part of the mission for all official
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purposes. In communicating with the Government and the Article 28
other missions and consulates of the sending State, The fees and charges levied by the mission in the
XII. PUBLIC INTERNATIONAL LAW wherever situated, the mission may employ all course of its official duties shall be exempt from all
appropriate means, including diplomatic couriers and dues and taxes.
messages in code or cipher. However, the mission may
A. Doctrine of Incorporation and
install and use a wireless transmitter only with the Article 29
Transformation (1987 CONST., art. II, sec.
2; art. VII, sec. 21) consent of the receiving State. The person of a diplomatic agent shall be inviolable. He
shall not be liable to any form of arrest or detention.
B. Sources of Obligations in International
Law (Statute of the International Court of 2.The official correspondence of the mission shall be The receiving State shall treat him with due respect
Justice, art. 38)
inviolable. Official correspondence means all and shall take all appropriate steps to prevent any
C. Subjects of International Law correspondence relating to the mission and its functions. attack on his person, freedom or dignity.

D. Diplomatic and Consular Law (Vienna

Convention on Diplomatic Relations; 3.The diplomatic bag shall not be opened or detained. Article 30
Vienna Convention on Consular Relations) 1.The private residence of a diplomatic agent shall
4.The packages constituting the diplomatic bag must enjoy the same inviolability and protection as the
bear visible external marks of their character and may premises of the mission.
contain only diplomatic documents or articles intended 2.His papers, correspondence and, except as provided
for official use. in paragraph 3 of article 31, his property, shall likewise
enjoy inviolability.
5.The diplomatic courier, who shall be provided with an
official document indicating his status and the number of Article 31
packages constituting the diplomatic bag, shall be 1.A diplomatic agent shall enjoy immunity from the
protected by the receiving State in the performance of criminal jurisdiction of the receiving State. He shall also
his functions. He shall enjoy person inviolability and shall enjoy immunity from its civil and administrative
not be liable to any form of arrest or detention. jurisdiction, except in the case of:

6.The sending State or the mission may designate (a) A real action relating to private immovable property
diplomatic couriers ad hoc. In such cases the provisions situated in the territory of the receiving State, unless
of paragraph 5 of this article shall also apply, except that he holds it on behalf of the sending State for the
the immunities therein mentioned shall cease to apply purposes of the mission;
when such a courier has delivered to the consignee the
diplomatic bag in his charge. (b) An action relating to succession in which the
diplomatic agent is involved as executor, administrator,
7.A diplomatic bag may be entrusted to the captain of a heir or legatee as a private person and not on behalf of
commercial aircraft scheduled to land at an authorized the sending State;
port of entry. He shall be provided with an official
document indicating the number of packages constituting (c) An action relating to any professional or commercial
the bag but he shall not be considered to be a diplomatic activity exercised by the diplomatic agent in the
courier. The mission may send one of its members to take receiving State outside his official functions.
possession of the diplomatic bag directly and freely from
the captain of the aircraft. 2.A diplomatic agent is not obliged to give evidence as
a witness.

www.lexmond.ph 131 Political Law

 3.No measures of execution may be taken in respect of a
diplomatic agent except in the cases coming under
subparagraphs (a), (b) and (c) of paragraph 1 of this
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article, and provided that the measures concerned can be 3.A diplomatic agent who employs persons to whom the
taken without infringing the inviolability of his person or of exemption provided for in paragraph 2 of this article
XII. PUBLIC INTERNATIONAL LAW his residence. does not apply shall observe the obligations which the
social security provisions of the receiving State impose
4.The immunity of a diplomatic agent from the jurisdiction upon employers.
A. Doctrine of Incorporation and
of the receiving State does not exempt him from the
Transformation (1987 CONST., art. II, sec.
jurisdiction of the sending State. 4.The exemption provided for in paragraphs 1 and 2 of
2; art. VII, sec. 21)
this article shall not preclude voluntary participation in
B. Sources of Obligations in International the social security system of the receiving State
Law (Statute of the International Court of Article 32
Justice, art. 38) provided that such participation is permitted by that
1.The immunity from jurisdiction of diplomatic agents and
State.
C. Subjects of International Law of persons enjoying immunity under article 37 may be
waived by the sending State.
D. Diplomatic and Consular Law (Vienna 5.The provisions of this article shall not affect bilateral
Convention on Diplomatic Relations;
Vienna Convention on Consular Relations) or multilateral agreements concerning social security
2.Waiver must always be express.
concluded previously and shall not prevent the
conclusion of such agreements in the future.
3.The initiation of proceedings by a diplomatic agent or
by a person enjoying immunity from jurisdiction under
Article 34
article 37 shall preclude him from invoking immunity from
A diplomatic agent shall be exempt from all dues and
jurisdiction in respect of any counterclaim directly
taxes, personal or real, national, regional or municipal,
connected with the principal claim.
except:
(a) Indirect taxes of a kind which are normally
4.Waiver of immunity from jurisdiction in respect of civil
incorporated in the price of goods or services;
or administrative proceedings shall not be held to imply
(b) Dues and taxes on private immovable property
waiver of immunity in respect of the execution of the
situated in the territory of the receiving State, unless he
judgement, for which a separate waiver shall be
holds it on behalf of the sending State for the purposes
necessary.
of the mission;
(c) Estate, succession or inheritance duties levied by
Article 33
the receiving State, subject to the provisions of
1.Subject to the provisions of paragraph 3 of this article, a
paragraph 4 of article 39;
diplomatic agent shall with respect to services rendered
(d) Dues and taxes on private income having its source
for the sending State be exempt from social security in the receiving State and capital taxes on investments
provisions which may be in force in the receiving State. made in commercial undertakings in the receiving State;
(e) Charges levied for specific services rendered;
2.The exemption provided for in paragraph 1 of this article (f) Registration, court or record fees, mortgage dues
shall also apply to private servants who are in the sole and stamp duty, with respect to immovable property,
employ of a diplomatic agent, on condition: subject to the provisions of article 23.

(a) That they are not nationals of or permanently resident Article 35

in the receiving State; and The receiving State shall exempt diplomatic agents
(b)That they are covered by the social security provisions from all personal services, from all public service of any
which may be in force in the sending State or a third kind whatsoever, and from military obligations such as
State. those connected with requisitioning, military
contributions and billeting.

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 Article 36
1.The receiving State shall, in accordance with such laws
and regulations as it may adopt, permit entry of and grant
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exemption from all customs duties, taxes, and related 4.Private servants of members of the mission shall, if
charges other than charges for storage, cartage and they are not nationals of or permanently resident in the
XII. PUBLIC INTERNATIONAL LAW similar services, on: receiving State, be exempt from dues and taxes on the
(a) Articles for the official use of the mission; emoluments they receive by reason of their
(b) Articles for the personal use of a diplomatic agent or employment. In other respects, they may enjoy
A. Doctrine of Incorporation and
members of his family forming part of his household, privileges and immunities only to the extent admitted by
Transformation (1987 CONST., art. II, sec.
including articles intended for his establishment. the receiving State. However, the receiving State must
2; art. VII, sec. 21)
exercise its jurisdiction over those persons in such a
B. Sources of Obligations in International manner as not to interfere unduly with the performance
Law (Statute of the International Court of 2.The personal baggage of a diplomatic agent shall be
Justice, art. 38) of the functions of the mission.
exempt from inspection, unless there are serious grounds
C. Subjects of International Law for presuming that it contains articles not covered by the
Article 38
exemptions mentioned in paragraph 1 of this article, or
D. Diplomatic and Consular Law (Vienna 1.Except insofar as additional privileges and immunities
Convention on Diplomatic Relations; articles the import or export of which is prohibited by the
Vienna Convention on Consular Relations) may be granted by the receiving State, a diplomatic
law or controlled by the quarantine regulations of the
agent who is a national of or permanently resident in
receiving State. Such inspection shall be conducted only
that State shall enjoy only immunity from jurisdiction,
in the presence of the diplomatic agent or of his
and inviolability, in respect of official acts performed in
authorized representative.
the exercise of his functions.
2.Other members of the staff of the mission and private
Article 37
servants who are nationals of or permanently resident in
1.The members of the family of a diplomatic agent
the receiving State shall enjoy privileges and immunities
forming part of his household shall, if they are not
only to the extent admitted by the receiving State.
nationals of the receiving State, enjoy the privileges and
However, the receiving State must exercise its
immunities specified in articles 29 to 36.
jurisdiction over those persons in such a manner as not
to interfere unduly with the performance of the
2.Members of the administrative and technical staff of the
functions of the mission.
mission, together with members of their families forming
part of their respective households, shall, if they are not
Article 39
nationals of or permanently resident in the receiving
1.Every person entitled to privileges and immunities
State, enjoy the privileges and immunities specified in
shall enjoy them from the moment he enters the
articles 29 to 35, except that the immunity from civil and
territory of the receiving State on proceeding to take up
administrative jurisdiction of the receiving State specified his post or, if already in its territory, from the moment
in paragraph 1 of article 31 shall not extend to acts when his appointment is notified to the Ministry for
performed outside the course of their duties. They shall Foreign Affairs or such other ministry as may be agreed.
also enjoy the privileges specified in article 36, 2.When the functions of a person enjoying privileges
paragraph 1, in respect of articles imported at the time of and immunities have come to an end, such privileges
first installation. and immunities shall normally cease at the moment
when he leaves the country, or on expiry of a
3.Members of the service staff of the mission who are not reasonable period in which to do so, but shall subsist
nationals of or permanently resident in the receiving State until that time, even in case of armed conflict. However,
shall enjoy immunity in respect of acts performed in the with respect to acts performed by such a person in the
course of their duties, exemption from dues and taxes on exercise of his functions as a member of the mission,
the emoluments they receive by reason of their immunity shall continue to subsist.
employment and the exemption contained in article 33.

www.lexmond.ph 133 Political Law

 3.In case of the death of a member of the mission, the
members of his family shall continue to enjoy the
privileges and immunities to which they are entitled until
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the expiry of a reasonable period in which to leave the Article 41
country. 1.Without prejudice to their privileges and immunities, it
XII. PUBLIC INTERNATIONAL LAW 4.In the event of the death of a member of the mission is the duty of all persons enjoying such privileges and
not a national of or permanently resident in the receiving immunities to respect the laws and regulations of the
State or a member of his family forming part of his receiving State. They also have a duty not to interfere in
A. Doctrine of Incorporation and
household, the receiving State shall permit the withdrawal the internal affairs of that State.
Transformation (1987 CONST., art. II, sec.
of the movable property of the deceased, with the 2.All official business with the receiving State entrusted
2; art. VII, sec. 21)
exception of any property acquired in the country the to the mission by the sending State shall be conducted
B. Sources of Obligations in International with or through the Ministry for Foreign Affairs of the
Law (Statute of the International Court of export of which was prohibited at the time of his death.
Justice, art. 38) receiving State or such other ministry as may be agreed.
Estate, succession and inheritance duties shall not be
3.The premises of the mission must not be used in any
C. Subjects of International Law levied on movable property the presence of which in the
manner incompatible with the functions of the mission
receiving State was due solely to the presence there of
D. Diplomatic and Consular Law (Vienna as laid down in the present Convention or by other rules
Convention on Diplomatic Relations; the deceased as a member of the mission or as a member
Vienna Convention on Consular Relations) of general international law or by any special
of the family of a member of the mission.
agreements in force between the sending and the
receiving State.
Article 40
1.If a diplomatic agent passes through or is in the territory
Article 42
of a third State, which has granted him a passport visa if
A diplomatic agent shall not in the receiving State
such visa was necessary, while proceeding to take up or
practise for personal profit any professional or
to return to his post, or when returning to his own
commercial activity.
country, the third State shall accord him inviolability and
such other immunities as may be required to ensure his
Article 43
transit or return. The same shall apply in the case of any
The function of a diplomatic agent comes to an end,
members of his family enjoying privileges or immunities
inter alia:
who are accompanying the diplomatic agent, or travelling
(a) On notification by the sending State to the receiving
separately to join him or to return to their country.
State that the function of the diplomatic agent has
2.In circumstances similar to those specified in paragraph
come to an end;
1 of this article, third States shall not hinder the passage
(b) On notification by the receiving State to the sending
of members of the administrative and technical or service
State that, in accordance with paragraph 2 of article 9,
staff of a mission, and of members of their families,
it refuses to recognize the diplomatic agent as a
through their territories. member of the mission.
3.Third States shall accord to official correspondence
and other official communications in transit, including Article 44
messages in code or cipher, the same freedom and The receiving State must, even in case of armed
protection as is accorded by the receiving State. They conflict, grant facilities in order to enable persons
shall accord to diplomatic couriers, who have been enjoying privileges and immunities, other than nationals
granted a passport visa if such visa was necessary, and of the receiving State, and members of the families of
diplomatic bags in transit, the same inviolability and such persons irrespective of their nationality, to leave
protection as the receiving State is bound to accord. at the earliest possible moment. It must, in particular, in
4.The obligations of third States under paragraphs 1, 2 case of need, place at their disposal the necessary
and 3 of this article shall also apply to the persons means of transport for themselves and their property.
mentioned respectively in those paragraphs, and to
official communications and diplomatic bags, whose
presence in the territory of the third State is due to force
majeure.
www.lexmond.ph 134 Political Law
 Article 45
If diplomatic relations are broken off between two States,
or if a mission is permanently or temporarily recalled:
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(a) The receiving State must, even in case of armed Article 49
conflict, respect and protect the premises of the mission, The present Convention is subject to ratification. The
XII. PUBLIC INTERNATIONAL LAW together with its property and archives; instruments of ratification shall be deposited with the
(b) The sending State may entrust the custody of the Secretary-General of the United Nations. Article 50 The
premises of the mission, together with its property and present Convention shall remain open for accession by
A. Doctrine of Incorporation and
archives, to a third State acceptable to the receiving any State belonging to any of the four categories
Transformation (1987 CONST., art. II, sec.
State; mentioned in article 48. The instruments of accession
2; art. VII, sec. 21)
(c) The sending State may entrust the protection of its shall be deposited with the Secretary General of the
B. Sources of Obligations in International United Nations.
Law (Statute of the International Court of interests and those of its nationals to a third State
Justice, art. 38)
acceptable to the receiving State.
Article 51
C. Subjects of International Law
1.The present Convention shall enter into force on the
Article 46
D. Diplomatic and Consular Law (Vienna thirtieth day following the date of deposit of the twenty-
Convention on Diplomatic Relations; A sending State may with the prior consent of a receiving
Vienna Convention on Consular Relations) second instrument of ratification or accession with the
State, and at the request of a third State not represented
Secretary-General of the United Nations.
in the receiving State, undertake the temporary
2.For each State ratifying or acceding to the Convention
protection of the interests of the third State and of its
after the deposit of the twenty-second instrument of
nationals.
ratification or accession, the Convention shall enter into
force on the thirtieth day after deposit by such State of
Article 47
its instrument of ratification or accession.
1.In the application of the provisions of the present
Convention, the receiving State shall not discriminate as
Article 52
between States.
The Secretary-General of the United Nations shall
2.However, discrimination shall not be regarded as taking
inform all States belonging to any of the four categories
place:
mentioned in article 48:
(a) Where the receiving State applies any of the
(a) Of signatures to the present Convention and of the
provisions of the present Convention restrictively
deposit of instruments of ratification or accession, in
because of a restrictive application of that provision to its
accordance with articles 48, 49 and 50;
mission in the sending State;
(b) Of the date on which the present Convention will
(b) Where by custom or agreement States extend to each
enter into force, in accordance with article 51. Article
other more favourable treatment than is required by the
53 The original of the present Convention, of which the
provisions of the present Convention. Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the
Article 48 Secretary-General of the United Nations, who shall send
The present Convention shall be open for signature by all certified copies thereof to all States belonging to any
States Members of the United Nations or of any of the of the four categories mentioned in article 48.
specialized agencies Parties to the Statute of the
International Court of Justice, and by any other State
invited by the General Assembly of the United Nations to
become a Party to the Convention, as follows: until 31
October 1961 at the Federal Ministry for Foreign Affairs of
Austria and subsequently, until 31 March 1962, at the
United Nations Headquarters in New York.

www.lexmond.ph 135 Political Law

 Vienna Convention on Consular Relations

The States Parties to the present Convention,

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(f) “member of the service staff” means any person
Recalling that consular relations have been established employed in the domestic service of a consular post;
XII. PUBLIC INTERNATIONAL LAW between peoples since ancient times, (g) “members of the consular post” means consular
officers, consular employees and members of the
Having in mind the Purposes and Principles of the Charter service staff;
of the United Nations concerning the sovereign equality of (h) “members of the consular staff” means consular
D. Diplomatic and Consular Law (Vienna
States, the maintenance of international peace and officers, other than the head of a consular post,
Convention on Diplomatic Relations;
Vienna Convention on Consular Relations) security, and the promotion of friendly relations among consular employees and members of the service staff;
nations, (i) “member of the private staff” means a person who is
employed exclusively in the private service of a member
Considering that the United Nations Conference on of the consular post;
Diplomatic Intercourse and Immunities adopted the Vienna (j) “consular premises” means the buildings or parts of
Convention on Diplomatic Relations which was opened for buildings and the land ancillary thereto, irrespective of
signature on 18 April 1961, ownership, used exclusively for the purposes of the
consular post;
Believing that an international convention on consular (k) “consular archives” includes all the papers,
relations, privileges and immunities would also contribute documents, correspondence, books, films, tapes and
to the development of friendly relations among nations, registers of the consular post, together with the ciphers
irrespective of their differing constitutional and social and codes, the card-indexes and any article of furniture
systems, intended for their protection or safe keeping.

Realizing that the purpose of such privileges and 2.Consular officers are of two categories, namely
immunities is not to benefit individuals but to ensure the career consular officers and honorary consular officers.
efficient performance of functions by consular posts on The provisions of Chapter II of the present Convention
behalf of their respective States, apply to consular posts headed by career consular
officers, the provisions of Chapter III govern consular
Affirming that the rules of customary international law posts headed by honorary consular officers.
continue to govern matters not expressly regulated by the
provisions of the present Convention, 3.The particular status of members of the consular
Have agreed as follows: posts who are nationals or permanent residents of the
receiving State is governed by article 71 of the present
Article 1 Convention.
Definitions
1.For the purposes of the present Convention, the following CHAPTER I.
expressions shall have the meanings hereunder assigned CONSULAR RELATIONS IN GENERAL
to them: SECTION I. ESTABLISHMENT AND CONDUCT OF
(a) “consular post” means any consulate-general, CONSULAR RELATIONS
consulate, vice-consulate or consular agency;
(b)“consular district” means the area assigned to a Article 2
consular post for the exercise of consular functions; Establishment of consular relations
(c) “head of consular post” means the person charged 1.The establishment of consular relations between
with the duty of acting in that capacity; States takes place by mutual consent.
(d) “consular officer” means any person, including the head
of a consular post, entrusted in that capacity with the
exercise of consular functions; (e) “consular employee”
means any person employed in the administrative or
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 2. The consent given to the establishment of diplomatic
relations between two States implies, unless otherwise
stated, consent to the establishment of consular
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relations. 3.The severance of diplomatic relations shall (d) issuing passports and travel documents to nationals
not ipso facto involve the severance of consular of the sending State, and visas or appropriate
XII. PUBLIC INTERNATIONAL LAW relations. documents to persons wishing to travel to the sending
State;
Article 3 (e) helping and assisting nationals, both individuals and
Exercise of consular functions Consular functions are bodies corporate, of the sending State;
exercised by consular posts. They are also exercised by (f) acting as notary and civil registrar and in capacities
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations;
diplomatic missions in accordance with the provisions of of a similar kind, and performing certain functions of an
Vienna Convention on Consular Relations) administrative nature, provided that there is nothing
the present Convention.
contrary thereto in the laws and regulations of the
receiving State;
Article 4
(g) safeguarding the interests of nationals, both
Establishment of a consular post
individuals and bodies corporate, of the sending States
1.A consular post may be established in the territory of
in cases of succession mortis causa in the territory of
the receiving State only with that State’s consent.
the receiving State, in accordance with the laws and
2.The seat of the consular post, its classification and the
regulations of the receiving State;
consular district shall be established by the sending
(h) safeguarding, within the limits imposed by the laws
State and shall be subject to the approval of the
and regulations of the receiving State, the interests of
receiving State. 3.Subsequent changes in the seat of the
minors and other persons lacking full capacity who are
consular post, its classification or the consular district
nationals of the sending State, particularly where any
may be made by the sending State only with the consent
guardianship or trusteeship is required with respect to
of the receiving State. 4.The consent of the receiving
such persons;
State shall also be required if a consulate-general or a
(i) subject to the practices and procedures obtaining in
consulate desires to open a vice-consulate or a consular
the receiving State, representing or arranging
agency in a locality other than that in which it is itself
appropriate representation for nationals of the sending
established.
State before the tribunals and other authorities of the
5.The prior express consent of the receiving State shall
receiving State, for the purpose of obtaining, in
also be required for the opening of an office forming part
accordance with the laws and regulations of the
of an existing consular post elsewhere than at the seat
receiving State, provisional measures for the
thereof.
preservation of the rights and interests of these
nationals, where, because of absence or any other
Article 5 reason, such nationals are unable at the proper time to
Consular functions Consular functions consist in: assume the defense of their rights and interests;
(a) protecting in the receiving State the interests of the (j) transmitting judicial and extrajudicial documents or
sending State and of its nationals, both individuals and executing letters rogatory or commissions to take
bodies corporate, within the limits permitted by evidence for the courts of the sending State in
international law; accordance with international agreements in force or, in
(b) furthering the development of commercial, economic, the absence of such international agreements, in any
cultural and scientific relations between the sending other manner compatible with the laws and regulations
State and the receiving State and otherwise promoting of the receiving State;
friendly relations between them in accordance with the (k) exercising rights of supervision and inspection
provisions of the present Convention; provided for in the laws and regulations of the sending
(c) ascertaining by all lawful means conditions and State in respect of vessels having the nationality of the
developments in the commercial, economic, cultural and sending State, and of aircraft registered in that State,
scientific life of the receiving State, reporting thereon to and in respect of their crews;
the Government of the sending State and giving
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 (l) extending assistance to vessels and aircraft mentioned
in subparagraph (k) of this article, and to their crews,
taking statements regarding the voyage of a vessel,
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examining and stamping the ship’s papers, and, without Article 10
prejudice to the powers of the authorities of the receiving Appointment and admission of heads of consular posts
XII. PUBLIC INTERNATIONAL LAW State, conducting investigations into any incidents which 1.Heads of consular posts are appointed by the sending
occurred during the voyage, and settling disputes of any State and are admitted to the exercise of their functions
kind between the master, the officers and the seamen by the receiving State.
insofar as this may be authorized by the laws and 2.Subject to the provisions of the present Convention,
regulations of the sending State; the formalities for the appointment and for the
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations;
(m) performing any other functions entrusted to a admission of the head of a consular post are
Vienna Convention on Consular Relations) determined by the laws, regulations and usages of the
consular post by the sending State which are not
sending State and of the receiving State respectively.
prohibited by the laws and regulations of the receiving
State or to which no objection is taken by the receiving
Article 11
State or which are referred to in the international
The consular commission or notification of appointment
agreements in force between the sending State and the
1.The head of a consular post shall be provided by the
receiving State.
sending State with a document, in the form of a
commission or similar instrument, made out for each
Article 6
appointment, certifying his capacity and showing, as a
Exercise of consular functions outside the consular
general rule, his full name, his category and class, the
district A consular officer may, in special circumstances,
consular district and the seat of the consular post.
with the consent of the receiving State, exercise his
2.The sending State shall transmit the commission or
functions outside his consular district.
similar instrument through the diplomatic or other
appropriate channel to the Government of the State in
Article 7
whose territory the head of a consular post is to
Exercise of consular functions in a third State The
exercise his functions.
sending State may, after notifying the States concerned,
3.If the receiving State agrees, the sending State may,
entrust a consular post established in a particular State
instead of a commission or similar instrument, send to
with the exercise of consular functions in another State,
the receiving State a notification containing the
unless there is express objection by one of the States
particulars required by paragraph 1 of this article.
concerned.
Article 12
Article 8
The exequatur
Exercise of consular functions on behalf of a third State 1.The head of a consular post is admitted to the
Upon appropriate notification to the receiving State, a exercise of his functions by an authorization from the
consular post of the sending State may, unless the receiving State termed an exequatur, whatever the form
receiving State objects, exercise consular functions in of this authorization.
the receiving State on behalf of a third State. 2.A State which refused to grant an exequatur is not
obliged to give to the sending State reasons for such
Article 9 refusal.
Classes of heads of consular posts
1.Heads of consular posts are divided into four classes,
namely (a) consuls-general; (b) consuls; (c) vice-consuls;
(d) consular agents.
2.Paragraph 1 of this article in no way restricts the right of
any of the Contracting Parties to fix the designation of
consular officers other than the heads of consular posts.

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 3.Subject to the provisions of articles 13 and 15, the head
of a consular post shall not enter upon his duties until he
has received an exequatur.
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The receiving State shall not, however, be obliged to
Article 13 grant to an acting head of post any facility, privilege or
XII. PUBLIC INTERNATIONAL LAW Provisional admission of heads of consular posts Pending immunity which the head of the consular post enjoys
delivery of the exequatur, the head of a consular post only subject to conditions not fulfilled by the acting
may be admitted on a provisional basis to the exercise of head of post.
his functions. In that case, the provisions of the present 4.When, in the circumstances referred to in paragraph 1
Convention shall apply. of this article, a member of the diplomatic staff of the
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations; diplomatic mission of the sending State in the receiving
Vienna Convention on Consular Relations) State is designated by the sending State as an acting
Article 14
head of post, he shall, if the receiving State does not
Notification to the authorities of the consular district As
object thereto, continue to enjoy diplomatic privileges
soon as the head of a consular post is admitted even
and immunities.
provisionally to the exercise of his functions, the
receiving State shall immediately notify the competent
Article 16
authorities of the consular district. It shall also ensure
Precedence as between heads of consular posts
that the necessary measures are taken to enable the
1.Heads of consular posts shall rank in each class
head of a consular post to carry out the duties of his
according to the date of the grant of the exequatur.
office and to have the benefit of the provisions of the
2.If, however, the head of a consular post before
present Convention.
obtaining the exequatur is admitted to the exercise of
his functions provisionally, his precedence shall be
Article 15
determined according to the date of the provisional
Temporary exercise of the functions of the head of a
admission; this precedence shall be maintained after
consular post
the granting of the exequatur.
1.If the head of a consular post is unable to carry out his
3.The order of precedence as between two or more
functions or the position of head of consular post is
heads of consular posts who obtained the exequatur or
vacant, an acting head of post may act provisionally as
provisional admission on the same date shall be
head of the consular post.
determined according to the dates on which their
2.The full name of the acting head of post shall be
commissions or similar instruments or the notifications
notified either by the diplomatic mission of the sending
referred to in paragraph 3 of article 11 were presented
State or, if that State has no such mission in the receiving
to the receiving State.
State, by the head of the consular post, or, if he is unable
4.Acting heads of posts shall rank after all heads of
to do so, by any competent authority of the sending consular posts and, as between themselves, they shall
State, to the Ministry for Foreign Affairs of the receiving rank according to the dates on which they assumed
State or to the authority designated by that Ministry. As a their functions as acting heads of posts as indicated in
general rule, this notification shall be given in advance. the notifications given under paragraph 2 of article 15.
The receiving State may make the admission as acting 5.Honorary consular officers who are heads of consular
head of post of a person who is neither a diplomatic posts shall rank in each class after career heads of
agent nor a consular officer of the sending State in the consular posts, in the order and according to the rules
receiving State conditional on its consent. laid down in the foregoing paragraphs. 6.Heads of
3.The competent authorities of the receiving State shall consular posts shall have precedence over consular
afford assistance and protection to the acting head of officers not having that status.
post. While he is in charge of the post, the provisions of
the present Convention shall apply to him on the same
basis as to the head of the consular post concerned.

www.lexmond.ph 139 Political Law

 Article 17
Performance of diplomatic acts by consular officers
1.In a State where the sending State has no diplomatic
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mission and is not represented by a diplomatic mission of Article 20
a third State, a consular officer may, with the consent of Size of the consular staff In the absence of an express
XII. PUBLIC INTERNATIONAL LAW the receiving State, and without affecting his consular agreement as to the size of the consular staff, the
status, be authorized to perform diplomatic acts. The receiving State may require that the size of the staff be
performance of such acts by a consular officer shall not kept within limits considered by it to be reasonable and
D. Diplomatic and Consular Law (Vienna
confer upon him any right to claim diplomatic privileges normal, having regard to circumstances and conditions
Convention on Diplomatic Relations;
and immunities. in the consular district and to the needs of the
Vienna Convention on Consular Relations)
2.A consular officer may, after notification addressed to particular consular post.
the receiving State, act as representative of the sending
Article 21
State to any intergovernmental organization. When so
Precedence as between consular officers of a consular
acting, he shall be entitled to enjoy any privileges and
post The order of precedence as between the consular
immunities accorded to such a representative by
officers of a consular post and any change thereof shall
customary international law or by international
be notified by the diplomatic mission of the sending
agreements; however, in respect of the performance by
State or, if that State has no such mission in the
him of any consular function, he shall not be entitled to
receiving State, by the head of the consular post, to the
any greater immunity from jurisdiction than that to which a
Ministry for Foreign Affairs of the receiving State or to
consular officer is entitled under the present Convention.
the authority designated by that Ministry.
Article 18
Article 22
Appointment of the same person by two or more States
Nationality of consular officers
as a consular officer Two or more States may, with the
1.Consular officers should, in principle, have the
consent of the receiving State, appoint the same person
nationality of the sending State.
as a consular officer in that State.
2.Consular officers may not be appointed from among
persons having the nationality of the receiving State
Article 19
except with the express consent of that State which
Appointment of members of consular staff
may be withdrawn at any time.
1.Subject to the provisions of articles 20, 22 and 23, the
3.The receiving State may reserve the same right with
sending State may freely appoint the members of the
regard to nationals of a third State who are not also
consular staff.
nationals of the sending State.
2.The full name, category and class of all consular
officers, other than the head of a consular post, shall be Article 23
notified by the sending State to the receiving State in Persons declared “non grata”
sufficient time for the receiving State, if it so wishes, to 1.The receiving State may at any time notify the sending
exercise its rights under paragraph 3 of article 23. State that a consular officer is persona non grata or that
3.The sending State may, if required by its laws and any other member of the consular staff is not
regulations, request the receiving State to grant an acceptable. In that event, the sending State shall, as
exequatur to a consular officer other than the head of a the case may be, either recall the person concerned or
consular post. terminate his functions with the consular post.
4.The receiving State may, if required by its laws and 2.If the sending State refuses or fails within a
regulations, grant an exequatur to a consular officer other reasonable time to carry out its obligations under
than the head of a consular post. paragraph 1 of this article, the receiving State may, as
the case may be, either withdraw the exequatur from
the person concerned or cease to consider him as a
member of the consular staff.

www.lexmond.ph 140 Political Law

 3.A person appointed as a member of a consular post
may be declared unacceptable before arriving in the
territory of the receiving State or, if already in the
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receiving State, before entering on his duties with the Article 26
consular post. In any such case, the sending State shall Departure from the territory of the receiving State The
XII. PUBLIC INTERNATIONAL LAW withdraw his appointment. receiving State shall, even in case of armed conflict,
4.In the cases mentioned in paragraphs 1 and 3 of this grant to members of the consular post and members of
article, the receiving State is not obliged to give to the the private staff, other than nationals of the receiving
D. Diplomatic and Consular Law (Vienna
sending State reasons for its decision. State, and to members of their families forming part of
Convention on Diplomatic Relations;
their households irrespective of nationality, the
Vienna Convention on Consular Relations)
Article 24 necessary time and facilities to enable them to prepare
their departure and to leave at the earliest possible
Notification to the receiving State of appointments,
moment after the termination of the functions of the
arrivals and departures
members concerned. In particular, it shall, in case of
1.The Ministry for Foreign Affairs of the receiving State or
need, place at their disposal the necessary means of
the authority designated by that Ministry shall be notified
transport for themselves and their property other than
of:
property acquired in the receiving State the export of
(a) the appointment of members of a consular post, their
which is prohibited at the time of departure.
arrival after appointment to the consular post, their final
departure or the termination of their functions and any
Article 27
other changes affecting their status that may occur in the
Protection of consular premises and archives and of the
course of their service with the consular post;
interests of the sending State in exceptional
(b) the arrival and final departure of a person belonging to
circumstances
the family of a member of a consular post forming part of
1.In the event of the severance of consular relations
his household and, where appropriate, the fact that a
between two States:
person becomes or ceases to be such a member of the
(a) the receiving State shall, even in case of armed
family;
conflict, respect and protect the consular premises,
(c) the arrival and final departure of members of the
together with the property of the consular post and the
private staff and, where appropriate, the termination of
consular archives;
their service as such;
(b) the sending State may entrust the custody of the
(d) the engagement and discharge of persons resident in
consular premises, together with the property contained
the receiving State as members of a consular post or as
therein and the consular archives, to a third State
members of the private staff entitled to privileges and
acceptable to the receiving State;
immunities.
(c) the sending State may entrust the protection of its
2.When possible, prior notification of arrival and final interests and those of its nationals to a third State
departure shall also be given. acceptable to the receiving State.
2.In the event of the temporary or permanent closure of
SECTION II. a consular post, the provisions of subparagraph (a) of
END OF CONSULAR FUNCTIONS paragraph 1 of this article shall apply. In addition, (a) if
the sending State, although not represented in the
Article 25 receiving State by a diplomatic mission, has another
Termination of the functions of a member of a consular consular post in the territory of that State, that consular
post The functions of a member of a consular post shall post may be entrusted with the custody of the premises
come to an end, inter alia: of the consular post which has been closed, together
(a) on notification by the sending State to the receiving with the property contained therein and the consular
State that his functions have come to an end; archives, and, with the consent of the receiving State,
(b) on withdrawal of the exequatur; with the exercise of consular functions in the district of
(c) on notification by the receiving State to the sending that consular post;
State that the receiving State has ceased to consider him
www.lexmond.ph as a member of the consular staff. 141 Political Law
 or (b) if the sending State has no diplomatic mission and
no other consular post in the receiving State, the
provisions of subparagraphs (b) and (c) of paragraph 1 of
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this article shall apply. 2.The authorities of the receiving State shall not enter
that part of the consular premises which is used
XII. PUBLIC INTERNATIONAL LAW CHAPTER II. exclusively for the purpose of the work of the consular
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO post except with the consent of the head of the
CONSULAR POSTS, CAREER CONSULAR OFFICERS AND consular post or of his designee or of the head of the
D. Diplomatic and Consular Law (Vienna
OTHER MEMBERS OF A CONSULAR POST SECTION I. diplomatic mission of the sending State. The consent of
Convention on Diplomatic Relations;
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO A the head of the consular post may, however, be
Vienna Convention on Consular Relations)
CONSULAR POST assumed in case of fire or other disaster requiring
prompt protective action.
3.Subject to the provisions of paragraph 2 of this
Article 28
article, the receiving State is under a special duty to
Facilities for the work of the consular post The receiving
take all appropriate steps to protect the consular
State shall accord full facilities for the performance of
premises against any intrusion or damage and to
the functions of the consular post.
prevent any disturbance of the peace of the consular
post or impairment of its dignity.
Article 29
4.The consular premises, their furnishings, the property
Use of national flag and coat-of-arms
of the consular post and its means of transport shall be
1.The sending State shall have the right to the use of its
immune from any form of requisition for purposes of
national flag and coat-of-arms in the receiving State in
national defence or public utility. If expropriation is
accordance with the provisions of this article.
necessary for such purposes, all possible steps shall
2.The national flag of the sending State may be flown and
be taken to avoid impeding the performance of consular
its coat-of-arms displayed on the building occupied by
functions, and prompt, adequate and effective
the consular post and at the entrance door thereof, on
compensation shall be paid to the sending State.
the residence of the head of the consular post and on his
means of transport when used on official business. 3.In
Article 32
the exercise of the right accorded by this article regard
Exemption from taxation of consular premises
shall be had to the laws, regulations and usages of the
1.Consular premises and the residence of the career
receiving State.
head of consular post of which the sending State or any
person acting on its behalf is the owner or lessee shall
Article 30
be exempt from all national, regional or municipal dues
Accommodation
and taxes whatsoever, other than such as represent
1.The receiving State shall either facilitate the acquisition payment for specific services rendered.
on its territory, in accordance with its laws and 2.The exemption from taxation referred to paragraph 1
regulations, by the sending State of premises necessary of this article shall not apply to such dues and taxes if,
for its consular post or assist the latter in obtaining under the law of the receiving State, they are payable
accommodation in some other way. by the person who contracted with the sending State or
2.It shall also, where necessary, assist the consular post with the person acting on its behalf.
in obtaining suitable accommodation for its members.
Article 33
Article 31 Inviolability of the consular archives and documents
Inviolability of the consular premises The consular archives and documents shall be inviolable
1.Consular premises shall be inviolable to the extent at all times and wherever they may be.
provided in this article.

www.lexmond.ph 142 Political Law

 Article 34
Freedom of movement Subject to its laws and regulations
concerning zones entry into which is prohibited or
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regulated for reasons of national security, the receiving 6.The sending State, its diplomatic missions and its
State shall ensure freedom of movement and travel in its consular posts may designate consular couriers ad hoc.
XII. PUBLIC INTERNATIONAL LAW territory to all members of the consular post. In such cases the provisions of paragraph 5 of this
article shall also apply except that the immunities
Article 35 therein mentioned shall cease to apply when such a
D. Diplomatic and Consular Law (Vienna
Freedom of communication courier has delivered to the consignee the consular bag
Convention on Diplomatic Relations;
1.The receiving State shall permit and protect freedom of in his charge.
Vienna Convention on Consular Relations)
communication on the part of the consular post for all 7.A consular bag may be entrusted to the captain of a
ship or of a commercial aircraft scheduled to land at an
official purposes. In communicating with the Government,
authorized port of entry. He shall be provided with an
the diplomatic missions and other consular posts,
official document indicating the number of packages
wherever situated, of the sending State, the consular
constituting the bag, but he shall not be considered to
post may employ all appropriate means, including
be a consular courier. By arrangement with the
diplomatic or consular couriers, diplomatic or consular
appropriate local authorities, the consular post may
bags and messages in code or cipher. However, the
send one of its members to take possession of the bag
consular post may install and use a wireless transmitter
directly and freely from the captain of the ship or of the
only with the consent of the receiving State.
aircraft.
2.The official correspondence of the consular post shall
be inviolable. Official correspondence means all
Article 36
correspondence relating to the consular post and its
Communication and contact with nationals of the
functions.
sending State
3.The consular bag shall be neither opened nor detained.
1.With a view to facilitating the exercise of consular
Nevertheless, if the competent authorities of the
functions relating to nationals of the sending State:
receiving State have serious reason to believe that the
(a) consular officers shall be free to communicate with
bag contains something other than the correspondence,
nationals of the sending State and to have access to
documents or articles referred to in paragraph 4 of this
them. Nationals of the sending State shall have the
article, they may request that the bag be opened in their
same freedom with respect to communication with and
presence by an authorized representative of the sending
access to consular officers of the sending State;
State. If this request is refused by the authorities of the
(b) if he so requests, the competent authorities of the
sending State, the bag shall be returned to its place of
receiving State shall, without delay, inform the consular
origin.
post of the sending State if, within its consular district,
4.The packages constituting the consular bag shall bear a national of that State is arrested or committed to
visible external marks of their character and may contain prison or to custody pending trial or is detained in any
only official correspondence and documents or articles other manner. Any communication addressed to the
intended exclusively for official use. consular post by the person arrested, in prison, custody
5.The consular courier shall be provided with an official or detention shall be forwarded by the said authorities
document indicating his status and the number of without delay. The said authorities shall inform the
packages constituting the consular bag. Except with the person concerned without delay of his rights under this
consent of the receiving State he shall be neither a subparagraph;
national of the receiving State, nor, unless he is a national (c) consular officers shall have the right to visit a
of the sending State, a permanent resident of the national of the sending State who is in prison, custody
receiving State. In the performance of his functions he or detention, to converse and correspond with him and
shall be protected by the receiving State. He shall enjoy to arrange for his legal representation.
personal inviolability and shall not be liable to any form of
arrest or detention.

www.lexmond.ph 143 Political Law

 They shall also have the right to visit any national of the
sending State who is in prison, custody or detention in
their district in pursuance of a judgement. Nevertheless,
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consular officers shall refrain from taking action on behalf Article 39
of a national who is in prison, custody or detention if he Consular fees and charges
XII. PUBLIC INTERNATIONAL LAW expressly opposes such action. 1.The consular post may levy in the territory of the
2.The rights referred to in paragraph 1 of this article shall receiving State the fees and charges provided by the
be exercised in conformity with the laws and regulations laws and regulations of the sending State for consular
D. Diplomatic and Consular Law (Vienna
of the receiving State, subject to the proviso, however, acts.
Convention on Diplomatic Relations;
that the said laws and regulations must enable full effect 2.The sums collected in the form of the fees and
Vienna Convention on Consular Relations)
to be given to the purposes for which the rights accorded charges referred to in paragraph 1 of this article, and
the receipts for such fees and charges, shall be exempt
under this article are intended.
from all dues and taxes in the receiving State.
Article 37
SECTION II.
Information in cases of deaths, guardianship or
FACILITIES, PRIVILEGES AND IMMUNITIES RELATING TO
trusteeship, wrecks and air accidents If the relevant
CAREER CONSULAR OFFICERS AND OTHER MEMBERS
information is available to the competent authorities of
OF A CONSULAR POST
the receiving State, such authorities shall have the duty:
(a) in the case of the death of a national of the sending
Article 40
State, to inform without delay the consular post in whose
Protection of consular officers
district the death occurred;
The receiving State shall treat consular officers with
(b) to inform the competent consular post without delay
due respect and shall take all appropriate steps to
of any case where the appointment of a guardian or
prevent any attack on their person, freedom or dignity.
trustee appears to be in the interests of a minor or other
person lacking full capacity who is a national of the
Article 41
sending State. The giving of this information shall,
Personal inviolability of consular officers
however, be without prejudice to the operation of the
1.Consular officers shall not be liable to arrest or
laws and regulations of the receiving State concerning
detention pending trial, except in the case of a grave
such appointments;
crime and pursuant to a decision by the competent
(c) if a vessel, having the nationality of the sending State,
judicial authority.
is wrecked or runs aground in the territorial sea or
2.Except in the case specified in paragraph 1 of this
internal waters of the receiving State, or if an aircraft
article, consular officers shall not be committed to
registered in the sending State suffers an accident on the
prison or be liable to any other form of restriction on
territory of the receiving State, to inform without delay their personal freedom save in execution of a judicial
the consular post nearest to the scene of the occurrence. decision of final effect.
3.If criminal proceedings are instituted against a
Article 38 consular officer, he must appear before the competent
Communication with the authorities of the receiving State authorities. Nevertheless, the proceedings shall be
In the exercise of their functions, consular officers may conducted with the respect due to him by reason of his
address: official position and, except in the case specified in
(a) the competent local authorities of their consular paragraph 1 of this article, in a manner which will
district; hamper the exercise of consular functions as little as
(b) the competent central authorities of the receiving possible. When, in the circumstances mentioned in
State if and to the extent that this is allowed by the laws, paragraph 1 of this article, it has become necessary to
regulations and usages of the receiving State or by the detain a consular officer, the proceedings against him
relevant international agreements. shall be instituted with the minimum of delay.

www.lexmond.ph 144 Political Law

 Article 42
Notification of arrest, detention or prosecution In the
event of the arrest or detention, pending trial, of a
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member of the consular staff, or of criminal proceedings Article 45
being instituted against him, the receiving State shall Waiver of privileges and immunities
XII. PUBLIC INTERNATIONAL LAW promptly notify the head of the consular post. Should the 1.The sending State may waive, with regard to a member
latter be himself the object of any such measure, the of the consular post, any of the privileges and
receiving State shall notify the sending State through the immunities provided for in articles 41, 43 and 44.
D. Diplomatic and Consular Law (Vienna
diplomatic channel. 2.The waiver shall in all cases be express, except as
Convention on Diplomatic Relations;
provided in paragraph 3 of this article, and shall be
Vienna Convention on Consular Relations)
Article 43 communicated to the receiving State in writing.
3.The initiation of proceedings by a consular officer or a
Immunity from jurisdiction
consular employee in a matter where he might enjoy
1.Consular officers and consular employees shall not be
immunity from jurisdiction under article 43 shall
amenable to the jurisdiction of the judicial or
preclude him from invoking immunity from jurisdiction in
administrative authorities of the receiving State in respect
respect of any counterclaim directly connected with the
of acts performed in the exercise of consular functions.
principal claim.
2.The provisions of paragraph 1 of this article shall not,
4.The waiver of immunity from jurisdiction for the
however, apply in respect of a civil action either:
purposes of civil or administrative proceedings shall not
(a) arising out of a contract concluded by a consular
be deemed to imply the waiver of immunity from the
officer or a consular employee in which he did not
measures of execution resulting from the judicial
contract expressly or impliedly as an agent of the
decision; in respect of such measures, a separate
sending State; or
waiver shall be necessary.
(b) by a third party for damage arising from an accident in
the receiving State caused by a vehicle, vessel or
Article 46
aircraft.
Exemption from registration of aliens and residence
permits
Article 44
1.Consular officers and consular employees and
Liability to give evidence
members of their families forming part of their
1.Members of a consular post may be called upon to
households shall be exempt from all obligations under
attend as witnesses in the course of judicial or
the laws and regulations of the receiving State in regard
administrative proceedings. A consular employee or a
to the registration of aliens and residence permits.
member of the service staff shall not, except in the cases
2.The provisions of paragraph 1 of this article shall not,
mentioned in paragraph 3 of this article, decline to give
however, apply to any consular employee who is not a
evidence. If a consular officer should decline to do so, no permanent employee of the sending State or who
coercive measure or penalty may be applied to him. carries on any private gainful occupation in the
2.The authority requiring the evidence of a consular receiving State or to any member of the family of any
officer shall avoid interference with the performance of such employee.
his functions. It may, when possible, take such evidence
at his residence or at the consular post or accept a Article 47
statement from him in writing. Exemption from work permits
3.Members of a consular post are under no obligation to 1.Members of the consular post shall, with respect to
give evidence concerning matters connected with the services rendered for the sending State, be exempt
exercise of their functions or to produce official from any obligations in regard to work permits imposed
correspondence and documents relating thereto. They by the laws and regulations of the receiving State
are also entitled to decline to give evidence as expert concerning the employment of foreign labour.
witnesses with regard to the law of the sending State.

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 2.Members of the private staff of consular officers and of
consular employees shall, if they do not carry on any
other gainful occupation in the receiving State, be exempt
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from the obligations referred to in paragraph 1 of this (d) dues and taxes on private income, including capital
article. gains, having its source in the receiving State and capital
XII. PUBLIC INTERNATIONAL LAW taxes relating to investments made in commercial or
Article 48 financial undertakings in the receiving State;
(e) charges levied for specific services rendered;
Social security exemption
D. Diplomatic and Consular Law (Vienna (f) registration, court or record fees, mortgage dues and
1.Subject to the provisions of paragraph 3 of this article,
Convention on Diplomatic Relations; stamp duties, subject to the provisions of article 32.
Vienna Convention on Consular Relations) members of the consular post with respect to services
2.Members of the service staff shall be exempt from
rendered by them for the sending State, and members of
dues and taxes on the wages which they receive for their
their families forming part of their households, shall be
services.
exempt from social security provisions which may be in
3.Members of the consular post who employ persons
force in the receiving State.
whose wages or salaries are not exempt from income
2.The exemption provided for in paragraph 1 of this article
tax in the receiving State shall observe the obligations
shall apply also to members of the private staff who are
which the laws and regulations of that State impose
in the sole employ of members of the consular post, on
upon employers concerning the levying of income tax.
condition:
(a) that they are not nationals of or permanently resident Article 50
in the receiving State; Exemption from customs duties and inspection
(b) and that they are covered by the social security 1.The receiving State shall, in accordance with such laws
provisions which are in force in the sending State or a and regulations as it may adopt, permit entry of and
third State. grant exemption from all customs duties, taxes, and
3.Members of the consular post who employ persons to related charges other than charges for storage, cartage
whom the exemption provided for in paragraph 2 of this and similar services, on:
article does not apply shall observe the obligations which (a) articles for the official use of the consular post;
the social security provisions of the receiving State (b)articles for the personal use of a consular officer or
impose upon employers. members of his family forming part of his household,
4.The exemption provided for in paragraphs 1 and 2 of including articles intended for his establishment. The
this article shall not preclude voluntary participation in articles intended for consumption shall not exceed the
the social security system of the receiving State, quantities necessary for direct utilization by the persons
provided that such participation is permitted by that concerned.
State. 2.Consular employees shall enjoy the privileges and
exemptions specified in paragraph 1 of this article in
Article 49 respect of articles imported at the time of first
Exemption from taxation installation.
1.Consular officers and consular employees and members 3.Personal baggage accompanying consular officers and
of their families forming part of their households shall be members of their families forming part of their
exempt from all dues and taxes, personal or real, households shall be exempt from inspection. It may be
national, regional or municipal, except: inspected only if there is serious reason to believe that
(a) indirect taxes of a kind which are normally it contains articles other than those referred to in
incorporated in the price of goods or services; subparagraph (b) of paragraph 1 of this article, or
(b) dues or taxes on private immovable property situated articles the import or export of which is prohibited by
in the territory of the receiving State, subject to the the laws and regulations of the receiving State or which
provisions of article 32; are subject to its quarantine laws and regulations. Such
(c) estate, succession or inheritance duties, and duties on inspection shall be carried out in the presence of the
transfers, levied by the receiving State, subject to the consular officer or member of his family concerned.
provisions of paragraph (b) of article 51;
www.lexmond.ph 146 Political Law
 Article 51
Estate of a member of the consular post or of a member
of his family In the event of the death of a member of the
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consular post or of a member of his family forming part of cease at the moment when the person concerned
his household, the receiving State: leaves the receiving State or on the expiry of a
XII. PUBLIC INTERNATIONAL LAW (a) shall permit the export of the movable property of the reasonable period in which to do so, whichever is the
deceased, with the exception of any such property sooner, but shall subsist until that time, even in case of
acquired in the receiving State the export of which was armed conflict. In the case of the persons referred to in
D. Diplomatic and Consular Law (Vienna
prohibited at the time of his death; paragraph 2 of this article, their privileges and
Convention on Diplomatic Relations;
Vienna Convention on Consular Relations) (b) shall not levy national, regional or municipal estate, immunities shall come to an end when they cease to
succession or inheritance duties, and duties on transfers, belong to the household or to be in the service of a
on movable property the presence of which in the member of the consular post provided, however, that if
receiving State was due solely to the presence in that such persons intend leaving the receiving State within a
State of the deceased as a member of the consular post reasonable period thereafter, their privileges and
or as a member of the family of a member of the consular immunities shall subsist until the time of their
post. departure.
4.However, with respect to acts performed by a
Article 52 consular officer or a consular employee in the exercise
Exemption from personal services and contributions of his functions, immunity from jurisdiction shall
The receiving State shall exempt members of the continue to subsist without limitation of time. 5.In the
consular post and members of their families forming part event of the death of a member of the consular post,
of their households from all personal services, from all the members of his family forming part of his household
public service of any kind whatsoever, and from military shall continue to enjoy the privileges and immunities
obligations such as those connected with requisitioning, accorded to them until they leave the receiving State
military contributions and billeting. or until the expiry of a reasonable period enabling them
to do so, whichever is the sooner.
Article 53
Beginning and end of consular privileges and immunities Article 54
1.Every member of the consular post shall enjoy the Obligations of third States
privileges and immunities provided in the present 1.If a consular officer passes through or is in the
Convention from the moment he enters the territory of the territory of a third State, which has granted him a visa if
receiving State on proceeding to take up his post or, if a visa was necessary, while proceeding to take up or
already in its territory, from the moment when he enters return to his post or when returning to the sending
on his duties with the consular post. State, the third State shall accord to him all immunities
2.Members of the family of a member of the consular provided for by the other articles of the present
post forming part of his household and members of his Convention as may be required to ensure his transit or
private staff shall receive the privileges and immunities return. The same shall apply in the case of any member
provided in the present Convention from the date from of his family forming part of his household enjoying
which he enjoys privileges and immunities in accordance such privileges and immunities who are accompanying
with paragraph 1 of this article or from the date of their the consular officer or travelling separately to join him
entry into the territory of the receiving State or from the or to return to the sending State.
date of their becoming a member of such family or private 2.In circumstances similar to those specified in
staff, whichever is the latest. paragraph 1 of this article, third States shall not hinder
3.When the functions of a member of the consular post the transit through their territory of other members of
have come to an end, his privileges and immunities and the consular post or of members of their families
those of a member of his family forming part of his forming part of their households.
household or a member of his private staff shall normally

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 3.Third States shall accord to official correspondence and
to other official communications in transit, including
messages in code or cipher, the same freedom and
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protection as the receiving State is bound to accord under (b) to members of the family of a person referred to in
the present Convention. They shall accord to consular subparagraph (a) of this paragraph or to members of his
XII. PUBLIC INTERNATIONAL LAW couriers who have been granted a visa, if a visa was private staff;
necessary, and to consular bags in transit, the same (c) to members of the family of a member of a consular
inviolability and protection as the receiving State is bound post who themselves carry on any private gainful
D. Diplomatic and Consular Law (Vienna to accord under the present Convention. occupation in the receiving State.
Convention on Diplomatic Relations;
Vienna Convention on Consular Relations)
4.The obligations of third States under paragraphs 1, 2 and
3 of this article shall also apply to the persons mentioned CHAPTER III.
respectively in those paragraphs, and to official REGIME RELATING TO HONORARY CONSULAR
communications and to consular bags, whose presence in OFFICERS AND CONSULAR POSTS HEADED BY SUCH
the territory of the third State is due to force majeure. OFFICERS

Article 55 Article 58
Respect for the laws and regulations of the receiving State General provisions relating to facilities, privileges and
1.Without prejudice to their privileges and immunities, it is immunities
the duty of all persons enjoying such privileges and 1.Articles 28, 29, 30, 34, 35, 36, 37, 38 and 39,
immunities to respect the laws and regulations of the paragraph 3 of article 54 and paragraphs 2 and 3 of
receiving State. They also have a duty not to interfere in article 55 shall apply to consular posts headed by an
the internal affairs of the State. honorary consular officer. In addition, the facilities,
2.The consular premises shall not be used in any manner privileges and immunities of such consular posts shall
incompatible with the exercise of consular functions. 3.The be governed by articles 59, 60, 61 and 62.
provisions of paragraph 2 of this article shall not exclude 2.Articles 42 and 43, paragraph 3 of article 44, articles
the possibility of offices of other institutions or agencies 45 and 53 and paragraph 1 of article 55 shall apply to
being installed in part of the building in which the consular honorary consular officers. In addition, the facilities,
premises are situated, provided that the premises assigned privileges and immunities of such consular officers
to them are separate from those used by the consular shall be governed by articles 63, 64, 65, 66 and 67.
post. In that event, the said offices shall not, for the
3.Privileges and immunities provided in the present
purposes of the present Convention, be considered to
Convention shall not be accorded to members of the
form part of the consular premises. Article 56 Insurance
family of an honorary consular officer or of a consular
against third party risks Members of the consular post
employee employed at a consular post headed by an
shall comply with any requirements imposed by the laws
honorary consular officer.
and regulations of the receiving State, in respect of
4.The exchange of consular bags between two
insurance against third party risks arising from the use of
consular posts headed by honorary consular officers in
any vehicle, vessel or aircraft.
different States shall not be allowed without the
consent of the two receiving States concerned. Article
Article 57
59 Protection of the consular premises The receiving
Special provisions concerning private gainful occupation
State shall take such steps as may be necessary to
1.Career consular officers shall not carry on for personal
profit any professional or commercial activity in the protect the consular premises of a consular post
receiving State. headed by an honorary consular officer against any
2.Privileges and immunities provided in this chapter shall intrusion or damage and to prevent any disturbance of
not be accorded: the peace of the consular post or impairment of its
(a) to consular employees or to members of the service dignity.
staff who carry on any private gainful occupation in the
receiving State;

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 Article 60
Exemption from taxation of consular premises
1.Consular premises of a consular post headed by an
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Article 64
honorary consular officer of which the sending State is the
Protection of honorary consular officers
owner or lessee shall be exempt from all national, regional
XII. PUBLIC INTERNATIONAL LAW The receiving State is under a duty to accord to an
or municipal dues and taxes whatsoever, other than such
honorary consular officer such protection as may be
as represent payment for specific services rendered.
required by reason of his official position.
2.The exemption from taxation referred to in paragraph l of
D. Diplomatic and Consular Law (Vienna
Convention on Diplomatic Relations;
this article shall not apply to such dues and taxes if, under
Article 65
Vienna Convention on Consular Relations) the laws and regulations of the receiving State, they are
payable by the person who contracted with the sending
Exemption from registration of aliens and residence
State. permits Honorary consular officers, with the exception
of those who carry on for personal profit any
Article 61 professional or commercial activity in the receiving
Inviolability of consular archives and documents State, shall be exempt from all obligations under the
The consular archives and documents of a consular post laws and regulations of the receiving State in regard to
headed by an honorary consular officer shall be inviolable the registration of aliens and residence permits.
at all times and wherever they may be, provided that they
are kept separate from other papers and documents and, Article 66
in particular, from the private correspondence of the head Exemption from taxation
of a consular post and of any person working with him, and An honorary consular officer shall be exempt from all
from the materials, books or documents relating to their dues and taxes on the remuneration and emoluments
profession or trade. which he receives from the sending State in respect of
the exercise of consular functions.
Article 62
Exemption from customs duties Article 67
The receiving State shall, in accordance with such laws Exemption from personal services and contributions
and regulations as it may adopt, permit entry of, and grant The receiving State shall exempt honorary consular
exemption from all customs duties, taxes, and related officers from all personal services and from all public
charges other than charges for storage, cartage and services of any kind whatsoever and from military
similar services on the following articles, provided that obligations such as those connected with
they are for the official use of a consular post headed by requisitioning, military contributions and billeting.
an honorary consular officer: coats-of-arms, flags,
signboards, seals and stamps, books, official printed Article 68
matter, office furniture, office equipment and similar Optional character of the institution of honorary
articles supplied by or at the instance of the sending State consular officers
to the consular post. Each State is free to decide whether it will appoint or
receive honorary consular officers.
Article 63
Criminal proceedings CHAPTER IV.
If criminal proceedings are instituted against an honorary GENERAL PROVISIONS
consular officer, he must appear before the competent Article 69
authorities. Nevertheless, the proceedings shall be Consular agents who are not heads of consular posts
conducted with the respect due to him by reason of his 1.Each State is free to decide whether it will establish
official position and, except when he is under arrest or
or admit consular agencies conducted by consular
detention, in a manner which will hamper the exercise of
agents not designated as heads of consular post by the
consular functions as little as possible. When it has
sending State.
become necessary to detain an honorary consular officer,

Political Law
the proceedings against him shall be instituted with the
www.lexmond.ph minimum of delay. 149
 2.The conditions under which the consular agencies
referred to in paragraph 1 of this article may carry on their
activities and the privileges and immunities which may be
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2.Other members of the consular post who are
enjoyed by the consular agents in charge of them shall be
nationals of or permanently resident in the receiving
determined by agreement between the sending State and
XII. PUBLIC INTERNATIONAL LAW State and members of their families, as well as
the receiving State.
members of the families of consular officers referred
to in paragraph 1 of this article, shall enjoy facilities,
Article 70
D. Diplomatic and Consular Law (Vienna privileges and immunities only insofar as these are
Convention on Diplomatic Relations;
Exercise of consular functions by diplomatic missions
granted to them by the receiving State. Those members
Vienna Convention on Consular Relations) 1.The provisions of the present Convention apply also, so
far as the context permits, to the exercise of consular
of the families of members of the consular post and
functions by a diplomatic mission. those members of the private staff who are themselves
2.The names of members of a diplomatic mission assigned nationals of or permanently resident in the receiving
to the consular section or otherwise charged with the State shall likewise enjoy facilities, privileges and
exercise of the consular functions of the mission shall be immunities only insofar as these are granted to them by
notified to the Ministry for Foreign Affairs of the receiving the receiving State. The receiving State shall, however,
State or to the authority designated by that Ministry. exercise its jurisdiction over those persons in such a
3.In the exercise of consular functions a diplomatic mission way as not to hinder unduly the performance of the
may address: functions of the consular post.
(a) the local authorities of the consular district;
(b) the central authorities of the receiving State if this is Article 72
allowed by the laws, regulations and usages of the Non-discrimination
receiving State or by relevant international agreements. 1.In the application of the provisions of the present
4.The privileges and immunities of the members of a Convention the receiving State shall not discriminate as
diplomatic mission referred to in paragraph 2 of this article between States.
shall continue to be governed by the rules of international 2.However, discrimination shall not be regarded as
law concerning diplomatic relations. taking place:
(a) where the receiving State applies any of the
Article 71 provisions of the present Convention restrictively
Nationals or permanent residents of the receiving State because of a restrictive application of that provision to
1.Except insofar as additional facilities, privileges and its consular posts in the sending State;
immunities may be granted by the receiving State, consular (b) where by custom or agreement States extend to
officers who are nationals of or permanently resident in the each other more favourable treatment than is required
receiving State shall enjoy only immunity from jurisdiction by the provisions of the present Convention.
and personal inviolability in respect of official acts
performed in the exercise of their functions, and the Article 73
privileges provided in paragraph 3 of article 44. So far as Relationship between the present
these consular officers are concerned, the receiving State Convention and other international agreements
shall likewise be bound by the obligation laid down in 1.The provisions of the present Convention shall not
article 42. If criminal proceedings are instituted against affect other international agreements in force as
such a consular officer, the proceedings shall, except between States Parties to them.
when he is under arrest or detention, be conducted in a 2.Nothing in the present Convention shall preclude
manner which will hamper the exercise of consular States from concluding international agreements
functions as little as possible. confirming or supplementing or extending or amplifying
the provisions thereof.

www.lexmond.ph 150 Political Law

 CHAPTER V.
FINAL PROVISIONS
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(b) of the date on which the present Convention will
Article 74
enter into force, in accordance with article 77.
Signature The present Convention shall be open for
XII. PUBLIC INTERNATIONAL LAW
signature by all States Members of the United Nations or of
Article 79
any of the specialized agencies or Parties to the Statute of
Authentic texts
the International Court of Justice, and by any other State
D. Diplomatic and Consular Law (Vienna The original of the present Convention, of which the
Convention on Diplomatic Relations;
invited by the General Assembly of the United Nations to
Chinese, English, French, Russian and Spanish texts are
Vienna Convention on Consular Relations) become a Party to the Convention, as follows: until 31
October 1963 at the Federal Ministry for Foreign Affairs of
equally authentic, shall be deposited with the
E. Treaties; Vienna Convention on the Law
of Treaties the Republic of Austria and subsequently, until 31 March Secretary-General of the United Nations, who shall
1964, at the United Nations Headquarters in New York. send certified copies thereof to all States belonging to
any of the four categories mentioned in article 74.
Article 75
Ratification Vienna Convention on the Law of Treaties
The present Convention is subject to ratification. The
instruments of ratification shall be deposited with the PART I.
Secretary-General of the United Nations. INTRODUCTION

Article 76 Article 1
Accession Scope of the present Convention
The present Convention shall remain open for accession by
any State belonging to any of the four categories The present Convention applies to treaties between
mentioned in article 74. The instruments of accession shall States.
be deposited with the Secretary General of the United
Nations. Article 2
Use of terms
Article 77 1. For the purposes of the present Convention:
Entry into force (a) “treaty” means an international agreement
1.The present Convention shall enter into force on the concluded between States in written form and
thirtieth day following the date of deposit of the twenty- governed by international law, whether embodied in a
second instrument of ratification or accession with the single instrument or in two or more related instruments
Secretary-General of the United Nations. and whatever its particular designation;
2.For each State ratifying or acceding to the Convention (b) “ratification”, “acceptance”, “approval” and
after the deposit of the twenty-second instrument of “accession” mean in each case the international act so
ratification or accession, the Convention shall enter into named whereby a State establishes on the international
force on the thirtieth day after deposit by such State of its plane its consent to be bound by a treaty;
instrument of ratification or accession. (c) “full powers” means a document emanating from the
competent authority of a State designating a person or
Article 78 persons to represent the State for negotiating,
Notifications by the Secretary-General adopting or authenticating the text of a treaty, for
The Secretary-General of the United Nations shall inform expressing the consent of the State to be bound by a
all States belonging to any of the four categories treaty, or for accomplishing any other act with respect
mentioned in article 74:
to a treaty;
(a) of signatures to the present Convention and of the
deposit of instruments of ratification or accession, in
accordance with articles 74, 75 and 76;

www.lexmond.ph 151 Political Law

 (d) “reservation” means a unilateral statement, however
phrased or named, made by a State, when signing, ratifying,
accepting, approving or acceding to a treaty, whereby it
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PART II.
purports to exclude or to modify the legal effect of certain
CONCLUSION AND ENTRY INTO FORCE OF TREATIES
provisions of the treaty in their application to that State;
XII. PUBLIC INTERNATIONAL LAW SECTION 1.
(e) “negotiating State” means a State which took part in the
CONCLUSION OF TREATIES
drawing up and adoption of the text of the treaty;
(f) “contracting State” means a State which has consented to
Article 6
D. Diplomatic and Consular Law (Vienna be bound by the treaty, whether or not the treaty has entered
Convention on Diplomatic Relations; Capacity of States to conclude treaties
Vienna Convention on Consular Relations)
into force;
Every State possesses capacity to conclude treaties.
(g) force; (h) “party” means a State which has consented to
E. Treaties; Vienna Convention on the Law
be bound by the treaty and for which the treaty is in “third
of Treaties Article 7
State” means a State not a party to the treaty; (i)
Full powers
“international organization” means an intergovernmental
1. A person is considered as representing a State for the
organization.
purpose of adopting or authenticating the text of a treaty
2. The provisions of paragraph 1 regarding the use of terms in
or for the purpose of expressing the consent of the State
the present Convention are without prejudice to the use of
to be bound by a treaty if:
those terms or to the meanings which may be given to them
(a) he produces appropriate full powers;
in the internal law of any State.
(b) or it appears from the practice of the States concerned
or from other circumstances that their intention was to
Article 3
consider that person as representing the State for such
International agreements not within the scope of the present
purposes and to dispense with full powers.
Convention
2. In virtue of their functions and without having to produce
The fact that the present Convention does not apply to
full powers, the following are considered as representing
international agreements concluded between States and
their State:
other subjects of international law or between such other
(a) Heads of State, Heads of Government and Ministers for
subjects of international law, or to international agreements
Foreign Affairs, for the purpose of performing all acts
not in written form, shall not affect:
relating to the conclusion of a treaty;
(a) the legal force of such agreements;
(b) heads of diplomatic missions, for the purpose of
(b) the application to them of any of the rules set forth in the
adopting the text of a treaty between the accrediting State
present Convention to which they would be subject under
and the State to which they are accredited;
international law independently of the Convention; (c) the
(c) representatives accredited by States to an international
application of the Convention to the relations of States as
conference or to an international organization or one of its
between themselves under international agreements to
organs, for the purpose of adopting the text of a treaty in
which other subjects of international law are also parties.
that conference, organization or organ.
Article 4
Article 8
Non-retroactivity of the present Convention
Subsequent confirmation of an act performed without
Without prejudice to the application of any rules set forth in
authorization
the present Convention to which treaties would be subject
An act relating to the conclusion of a treaty performed by
under international law independently of the Convention, the
a person who cannot be considered under article 7 as
Convention applies only to treaties which are concluded by
authorized to represent a State for that purpose is without
States after the entry into force of the present Convention
legal effect unless afterwards confirmed by that State.
with regard to such States.
Article 9 Adoption of the text
1. The adoption of the text of a treaty takes place by the
Article 5
consent of all the States participating in its drawing up
Treaties constituting international organizations and treaties
except as provided in paragraph 2.
adopted within an international organization
The present Convention applies to any treaty which is the
constituent instrument of an international organization and to

Political Law
any treaty adopted within an international organization
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without prejudice to any relevant rules of the organization.
 2. The adoption of the text of a treaty at an international
conference takes place by the vote of two thirds of the
States present and voting, unless by the same majority they
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Article 14
shall decide to apply a different rule.
Consent to be bound by a treaty expressed by ratification,
XII. PUBLIC INTERNATIONAL LAW acceptance or approval
Article 10
1. The consent of a State to be bound by a treaty is
Authentication of the text The text of a treaty is established
expressed by ratification when:
as authentic and definitive:
(a) the treaty provides for such consent to be expressed
D. Diplomatic and Consular Law (Vienna (a) by such procedure as may be provided for in the text or
Convention on Diplomatic Relations; by means of ratification;
Vienna Convention on Consular Relations)
agreed upon by the States participating in its drawing up; or
(b) it is otherwise established that the negotiating States
(b) failing such procedure, by the signature, signature ad
E. Treaties; Vienna Convention on the Law were agreed that ratification should be required;
referendum or initialling by the representatives of those
of Treaties (c) the representative of the State has signed the treaty
States of the text of the treaty or of the Final Act of a
subject to ratification;
conference incorporating the text.
(d) or the intention of the State to sign the treaty subject
to ratification appears from the full powers of its
Article 11
representative or was expressed during the negotiation.
Means of expressing consent to be bound by a treaty
2. The consent of a State to be bound by a treaty is
The consent of a State to be bound by a treaty may be
expressed by acceptance or approval under conditions
expressed by signature, exchange of instruments
similar to those which apply to ratification.
constituting a treaty, ratification, acceptance, approval or
accession, or by any other means if so agreed.
Article 15
Consent to be bound by a treaty expressed by accession
Article 12
The consent of a State to be bound by a treaty is
Consent to be bound by a treaty expressed by signature
expressed by accession when:
1. The consent of a State to be bound by a treaty is
(a) the treaty provides that such consent may be
expressed by the signature of its representative when:
expressed by that State by means of accession;
(a) the treaty provides that signature shall have that effect;
(b) it is otherwise established that the negotiating States
(b) it is otherwise established that the negotiating States
were agreed that such consent may be expressed by that
were agreed that signature should have that effect; or
State by means of accession; or
(c) the intention of the State to give that effect to the
(c) all the parties have subsequently agreed that such
signature appears from the full powers of its representative
consent may be expressed by that State by means of
or was expressed during the negotiation.
accession.
2. For the purposes of paragraph 1:
(a) the initialling of a text constitutes a signature of the
Article 16
treaty when it is established that the negotiating States so
Exchange or deposit of instruments of ratification,
agreed;
acceptance, approval or accession
(b) the signature ad referendum of a treaty by a
Unless the treaty otherwise provides, instruments of
representative, if confirmed by his State, constitutes a full
ratification, acceptance, approval or accession establish
signature of the treaty.
the consent of a State to be bound by a treaty upon:
(a) their exchange between the contracting States; (b)
Article 13
their deposit with the depositary; (c) or their notification to
Consent to be bound by a treaty expressed by an exchange
the contracting States or to the depositary, if so agreed.
of instruments constituting a treaty The consent of States to
be bound by a treaty constituted by instruments exchanged
Article 17
between them is expressed by that exchange when:
Consent to be bound by part of a treaty and choice of
(a) the instruments provide that their exchange shall have
differing provisions
that effect; (b) or it is otherwise established that those
1. Without prejudice to articles 19 to 23, the consent of a
States were agreed that the exchange of instruments should
State to be bound by part of a treaty is effective only if the
have that effect.
treaty so permits or the other contracting States so agree.

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 2. The consent of a State to be bound by a treaty which
permits a choice between differing provisions is effective
only if it is made clear to which of the provisions the consent
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(a) acceptance by another contracting State of a
relates.
reservation constitutes the reserving State a party to the
XII. PUBLIC INTERNATIONAL LAW treaty in relation to that other State if or when the treaty is
Article 18
in force for those States;
Obligation not to defeat the object and purpose of a treaty
(b) an objection by another contracting State to a
prior to its entry into force
reservation does not preclude the entry into force of the
D. Diplomatic and Consular Law (Vienna A State is obliged to refrain from acts which would defeat
Convention on Diplomatic Relations; treaty as between the objecting and reserving States
Vienna Convention on Consular Relations)
the object and purpose of a treaty when:
unless a contrary intention is definitely expressed by the
(a) it has signed the treaty or has exchanged instruments
E. Treaties; Vienna Convention on the Law objecting State;
constituting the treaty subject to ratification, acceptance or
of Treaties (c) an act expressing a State’s consent to be bound by the
approval, until it shall have made its intention clear not to
treaty and containing a reservation is effective as soon as
become a party to the treaty; or
at least one other contracting State has accepted the
(b) it has expressed its consent to be bound by the treaty,
reservation.
pending the entry into force of the treaty and provided that
5. For the purposes of paragraphs 2 and 4 and unless the
such entry into force is not unduly delayed.
treaty otherwise provides, a reservation is considered to
have been accepted by a State if it shall have raised no
SECTION 2.
objection to the reservation by the end of a period of
RESERVATIONS
twelve months after it was notified of the reservation or by
the date on which it expressed its consent to be bound by
Article 19
the treaty, whichever is later.
Formulation of reservations
A State may, when signing, ratifying, accepting, approving or
Article 21
acceding to a treaty, formulate a reservation unless:
Legal effects of reservations and of objections to
(a) the reservation is prohibited by the treaty;
reservations
(b) the treaty provides that only specified reservations, which
1. A reservation established with regard to another party in
do not include the reservation in question, may be made; or
accordance with articles 19, 20 and 23: (a) modifies for the
(c) in cases not failing under subparagraphs (a) and (b), the
reserving State in its relations with that other party the
reservation is incompatible with the object and purpose of
provisions of the treaty to which the reservation relates to
the treaty.
the extent of the reservation; and (b) State. modifies those
provisions to the same extent for that other party in its
Article 20
relations with the reserving
Acceptance of and objection to reservations
2. The reservation does not modify the provisions of the
1. A reservation expressly authorized by a treaty does not
treaty for the other parties to the treaty inter se.
require any subsequent acceptance by the other contracting
3. When a State objecting to a reservation has not
States unless the treaty so provides.
opposed the entry into force of the treaty between itself
2. When it appears from the limited number of the
and the reserving State, the provisions to which the
negotiating States and the object and purpose of a treaty
reservation relates do not apply as between the two
that the application of the treaty in its entirety between all
States to the extent of the reservation.
the parties is an essential condition of the consent of each
one to be bound by the treaty, a reservation requires
Article 22
acceptance by all the parties.
Withdrawal of reservations and of objections to
3. When a treaty is a constituent instrument of an
reservations
international organization and unless it otherwise provides, a
1. Unless the treaty otherwise provides, a reservation may
reservation requires the acceptance of the competent organ
be withdrawn at any time and the consent of a State which
of that organization.
has accepted the reservation is not required for its
4. In cases not falling under the preceding paragraphs and
withdrawal.
unless the treaty otherwise provides:

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 2. Unless the treaty otherwise provides, an objection to a
reservation may be withdrawn at any time.
3. Unless the treaty otherwise provides, or it is otherwise
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Article 25
agreed:
Provisional application
(a) the withdrawal of a reservation becomes operative in
XII. PUBLIC INTERNATIONAL LAW
1. A treaty or a part of a treaty is applied provisionally
relation to another contracting State only when notice of it
pending its entry into force if:
has been received by that State;
(a) the treaty itself so provides;
(b) the withdrawal of an objection to a reservation becomes
(b) or the negotiating States have in some other manner so
D. Diplomatic and Consular Law (Vienna operative only when notice of it has been received by the agreed.
Convention on Diplomatic Relations;
Vienna Convention on Consular Relations)
State which formulated the reservation. 2. Unless the treaty otherwise provides or the negotiating
E. Treaties; Vienna Convention on the Law
States have otherwise agreed, the provisional application of
Article 23 a treaty or a part of a treaty with respect to a State shall be
of Treaties
Procedure regarding reservations terminated if that State notifies the other States between
1. A reservation, an express acceptance of a reservation and which the treaty is being applied provisionally of its
an objection to a reservation must be formulated in writing intention not to become a party to the treaty.
and communicated to the contracting States and other
States entitled to become parties to the treaty. PART III.
2. If formulated when signing the treaty subject to OBSERVANCE, APPLICATION AND INTERPRETATION OF
ratification, acceptance or approval, a reservation must be TREATIES
formally confirmed by the reserving State when expressing SECTION 1.
its consent to be bound by the treaty. In such a case the OBSERVANCE OF TREATIES
reservation shall be considered as having been made on the
date of its confirmation. Article 26
3. An express acceptance of, or an objection to, a “Pacta sunt servanda”
reservation made previously to confirmation of the Every treaty in force is binding upon the parties to it and
reservation does not itself require confirmation. must be performed by them in good faith.
4. The withdrawal of a reservation or of an objection to a
reservation must be formulated in writing. Article 27
Internal law and observance of treaties
SECTION 3. A party may not invoke the provisions of its internal law as
ENTRY INTO FORCE AND PROVISIONAL, APPLICATION OF justification for its failure to perform a treaty. This rule is
TREATIES without prejudice to article 46.

Article 24 SECTION 2.
Entry into force APPLICATION OF TREATIES
1. A treaty enters into force in such manner and upon such
date as it may provide or as the negotiating States may Article 28
agree. Non-retroactivity of treaties
2. Failing any such provision or agreement, a treaty enters
into force as soon as consent to be bound by the treaty has Unless a different intention appears from the treaty or is
otherwise established, its provisions do not bind a party in
been established for all the negotiating States.
relation to any act or fact which took place or any situation
3. When the consent of a State to be bound by a treaty is
which ceased to exist before the date of the entry into
established on a date after the treaty has come into force,
force of the treaty with respect to that party.
the treaty enters into force for that State on that date, unless
the treaty otherwise provides.
Article 29
4. The provisions of a treaty regulating the authentication of
Territorial scope of treaties
its text, the establishment of the consent of States to be
Unless a different intention appears from the treaty or is
bound by the treaty, the manner or date of its entry into
otherwise established, a treaty is binding upon each party in
force, reservations, the functions of the depositary and other
respect of its entire territory.
matters arising necessarily before the entry into force of the

Political Law
treaty apply from the time of the adoption of its text.
www.lexmond.ph 155
 Article 30
Application of successive treaties relating to the same
subject matter
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(a) any subsequent agreement between the parties regarding
1. Subject to Article 103 of the Charter of the United Nations,
the interpretation of the treaty or the application of its
the rights and obligations of States Parties to successive provisions;
XII. PUBLIC INTERNATIONAL LAW treaties relating to the same subject matter shall be (b) any subsequent practice in the application of the treaty
determined in accordance with the following paragraphs. which establishes the agreement of the parties regarding its
2. When a treaty specifies that it is subject to, or that it is interpretation;
D. Diplomatic and Consular Law (Vienna not to be considered as incompatible with, an earlier or later (c) any relevant rules of international law applicable in the
Convention on Diplomatic Relations;
Vienna Convention on Consular Relations)
treaty, the provisions of that other treaty prevail. relations between the parties. 4. A special meaning shall be
3. When all the parties to the earlier treaty are parties also given to a term if it is established that the parties so intended.
E. Treaties; Vienna Convention on the Law
to the later treaty but the earlier treaty is not terminated or
of Treaties
suspended in operation under article 59, the earlier treaty Article 32
applies only to the extent that its provisions are compatible Supplementary means of interpretation
with those of the later treaty. Recourse may be had to supplementary means of
4. When the parties to the later treaty do not include all the interpretation, including the preparatory work of the treaty and
parties to the earlier one: the circumstances of its conclusion, in order to confirm the
meaning resulting from the application of article 31, or to
(a) as between States Parties to both treaties the same rule
determine the meaning when the interpretation according to
applies as in paragraph 3;
article 31:
(b)as between a State party to both treaties and a State
(a) leaves the meaning ambiguous or obscure;
party to only one of the treaties, the treaty to which both (b) or leads to a result which is manifestly absurd or
States are parties governs their mutual rights and unreasonable.
obligations.
5. Paragraph 4 is without prejudice to article 41, or to any Article 33
question of the termination or suspension of the operation of Interpretation of treaties authenticated in two or more
a treaty under article 60 or to any question of responsibility languages
which may arise for a State from the conclusion or 1. When a treaty has been authenticated in two or more
application of a treaty the provisions of which are languages, the text is equally authoritative in each language,
incompatible with its obligations towards another State under unless the treaty provides or the parties agree that, in case of
another treaty. divergence, a particular text shall prevail.
2. A version of the treaty in a language other than one of those
SECTION 3. in which the text was authenticated shall be considered an
INTERPRETATION OF TREATIES authentic text only if the treaty so provides or the parties so
agree.
3. The terms of the treaty are presumed to have the same
Article 31
meaning in each authentic text.
General rule of interpretation
4. Except where a particular text prevails in accordance with
1. A treaty shall be interpreted in good faith in accordance paragraph 1, when a comparison of the authentic texts
with the ordinary meaning to be given to the terms of the discloses a difference of meaning which the application of
treaty in their context and in the light of its object and articles 31 and 32 does not remove, the meaning which best
purpose. reconciles the texts, having regard to the object and purpose
2. The context for the purpose of the interpretation of a of the treaty, shall be adopted.
treaty shall comprise, in addition to the text, including its
preamble and annexes: SECTION 4.
(a) any agreement relating to the treaty which was made TREATIES AND THIRD STATES
between all the parties in connection with the conclusion of
the treaty; Article 34
(b) any instrument which was made by one or more parties in General rule regarding third States
connection with the conclusion of the treaty and accepted by A treaty does not create either obligations or rights for a third
the other parties as an instrument related to the treaty. State without its consent.
3. There shall be taken into account, together with the

Political Law
context:
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 Article 35
Treaties providing for obligations for third States
An obligation arises for a third State from a provision of a
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Article 40
treaty if the parties to the treaty intend the provision to be
Amendment of multilateral treaties
the means of establishing the obligation and the third State
XII. PUBLIC INTERNATIONAL LAW 1. Unless the treaty otherwise provides, the amendment of
expressly accepts that obligation in writing.
multilateral treaties shall be governed by the following
paragraphs.
Article 36
2. Any proposal to amend a multilateral treaty as between
D. Diplomatic and Consular Law (Vienna Treaties providing for rights for third States
Convention on Diplomatic Relations; all the parties must be notified to all the contracting
Vienna Convention on Consular Relations)
1. A right arises for a third State from a provision of a treaty if
States, each one of which shall have the right to take part
the parties to the treaty intend the provision to accord that
E. Treaties; Vienna Convention on the Law in:
right either to the third State, or to a group of States to
of Treaties a) the decision as to the action to be taken in regard to
which it belongs, or to all States, and the third State assents
such proposal;
thereto. Its assent shall be presumed so long as the contrary
(b) the negotiation and conclusion of any agreement for
is not indicated, unless the treaty otherwise provides.
the amendment of the treaty.
2. A State exercising a right in accordance with paragraph 1
3. Every State entitled to become a party to the treaty
shall comply with the conditions for its exercise provided for
shall also be entitled to become a party to the treaty as
in the treaty or established in conformity with the treaty.
amended.
4. The amending agreement does not bind any State
Article 37
already a party to the treaty which does not become a
Revocation or modification of obligations or rights of third
party to the amending agreement; article 30, paragraph 4
States
(b), applies in relation to such State.
1. When an obligation has arisen for a third State in
5. Any State which becomes a party to the treaty after the
conformity with article 35, the obligation may be revoked or
entry into force of the amending agreement shall, failing
modified only with the consent of the parties to the treaty
an expression of a different intention by that State:
and of the third State, unless it is established that they had
(a) be considered as a party to the treaty as amended;
otherwise agreed.
(b) and be considered as a party to the unamended treaty
2. When a right has arisen for a third State in conformity with
in relation to any party to the treaty not bound by the
article 36, the right may not be revoked or modified by the
amending agreement.
parties if it is established that the right was intended not to
be revocable or subject to modification without the consent
Article 41
of the third State.
Agreements to modify multilateral treaties between
certain of the parties only 1.
Article 38
Two or more of the parties to a multilateral treaty may
Rules in a treaty becoming binding on third States through
conclude an agreement to modify the treaty as between
international custom Nothing in articles 34 to 37 precludes a
themselves alone if:
rule set forth in a treaty from becoming binding upon a third
(a) the possibility of such a modification is provided for by
State as a customary rule of international law, recognized as
the treaty;
such.
(b) or the modification in question is not prohibited by the
treaty and: (i) does not affect the enjoyment by the other
PART IV.
parties of their rights under the treaty or the performance
AMENDMENT AND MODIFICATION OF TREATIES
of their obligations; (ii) does not relate to a provision,
derogation from which is incompatible with the effective
Article 39
execution of the object and purpose of the treaty as a
General rule regarding the amendment of treaties
whole.
A treaty may be amended by agreement between the parties.
2. Unless in a case falling under paragraph 1 (a) the treaty
The rules laid down in Part II apply to such an agreement
otherwise provides, the parties in question shall notify the
except insofar as the treaty may otherwise provide.
other parties of their intention to conclude the agreement
and of the modification to the treaty for which it provides.

www.lexmond.ph 157 Political Law

 PART V.
INVALIDITY, TERMINATION
OPERATION OF TREATIES
AND SUSPENSION OF THE
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4. In cases falling under articles 49 and 50, the State
SECTION 1.
entitled to invoke the fraud or corruption may do so with
GENERAL PROVISIONS
XII. PUBLIC INTERNATIONAL LAW respect either to the whole treaty or, subject to paragraph
3, to the particular clauses alone.
Article 42
5. In cases falling under articles 51, 52 and 53, no
Validity and continuance in force of treaties
separation of the provisions of the treaty is permitted.
D. Diplomatic and Consular Law (Vienna 1. The validity of a treaty or of the consent of a State to be
Convention on Diplomatic Relations;
Vienna Convention on Consular Relations)
bound by a treaty may be impeached only through the
Article 45
application of the present Convention.
E. Treaties; Vienna Convention on the Law Loss of a right to invoke a ground for invalidating,
2. The termination of a treaty, its denunciation or the
of Treaties terminating, withdrawing from or suspending the operation
withdrawal of a party, may take place only as a result of the
of a treaty
application of the provisions of the treaty or of the present
A State may no longer invoke a ground for invalidating,
Convention. The same rule applies to suspension of the
terminating, withdrawing from or suspending the operation
operation of a treaty.
of a treaty under articles 46 to 50 or articles 60 and 62 if,
after becoming aware of the facts:
Article 43
(a) it shall have expressly agreed that the treaty is valid or
Obligations imposed by international law independently of a
remains in force or continues in operation, as the case may
treaty
be; or
The invalidity, termination or denunciation of a treaty, the
(b) it must by reason of its conduct be considered as
withdrawal of a party from it, or the suspension of its
having acquiesced in the validity of the treaty or in its
operation, as a result of the application of the present
maintenance in force or in operation, as the case may be.
Convention or of the provisions of the treaty, shall not in any
way impair the duty of any State to fulfil any obligation
SECTION 2.
embodied in the treaty to which it would be subject under
INVALIDITY OF TREATIES
international law independently of the treaty.

Article 46
Article 44
Provisions of internal law regarding competence to
Separability of treaty provisions
conclude treaties
1. A right of a party, provided for in a treaty or arising under
1. A State may not invoke the fact that its consent to be
article 56, to denounce, withdraw from or suspend the
bound by a treaty has been expressed in violation of a
operation of the treaty may be exercised only with respect to
provision of its internal law regarding competence to
the whole treaty unless the treaty otherwise provides or the
conclude treaties as invalidating its consent unless that
parties otherwise agree.
violation was manifest and concerned a rule of its internal
2. A ground for invalidating, terminating, withdrawing from or
law of fundamental importance.
suspending the operation of a treaty recognized in the
2. A violation is manifest if it would be objectively evident
present Convention may be invoked only with respect to the
to any State conducting itself in the matter in accordance
whole treaty except as provided in the following paragraphs
with normal practice and in good faith.
or in article 60.
3. If the ground relates solely to particular clauses, it may be
Article 47
invoked only with respect to those clauses where: (a) the
Specific restrictions on authority to express the consent of
said clauses are separable from the remainder of the treaty
a State If the authority of a representative to express the
with regard to their application; (b) it appears from the treaty
consent of a State to be bound by a particular treaty has
or is otherwise established that acceptance of those clauses
been made subject to a specific restriction, his omission
was not an essential basis of the consent of the other party
to observe that restriction may not be invoked as
or parties to be bound by the treaty as a whole; and (c)
invalidating the consent expressed by him unless the
continued performance of the remainder of the treaty would
restriction was notified to the other negotiating States
not be unjust.
prior to his expressing such consent.

www.lexmond.ph 158 Political Law

 Article 48
Error
1. A State may invoke an error in a treaty as invalidating its
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consent to be bound by the treaty if the error relates to a fact SECTION 3.
or situation which was assumed by that State to exist at the TERMINATION AND SUSPENSION OF THE OPERATION
XII. PUBLIC INTERNATIONAL LAW time when the treaty was concluded and formed an essential OF TREATIES
basis of its consent to be bound by the treaty.
2. Paragraph 1 shall not apply if the State in question Article 54
D. Diplomatic and Consular Law (Vienna contributed by its own conduct to the error or if the Termination of or withdrawal from a treaty under its
Convention on Diplomatic Relations; circumstances were such as to put that State on notice of a provisions or by consent of the parties
Vienna Convention on Consular Relations)
possible error. 3. An error relating only to the wording of the The termination of a treaty or the withdrawal of a party
E. Treaties; Vienna Convention on the Law text of a treaty does not affect its validity; article 79 then may take place: (a) in conformity with the provisions of
of Treaties
applies.
the treaty; (b) or at any time by consent of all the
parties after consultation with the other contracting
Article 49
States.
Fraud If a State has been induced to conclude a treaty by the
fraudulent conduct of another negotiating State, the State may
invoke the fraud as invalidating its consent to be bound by the Article 55
treaty. Reduction of the parties to a multilateral treaty below
the number necessary for its entry into force
Article 50 Unless the treaty otherwise provides, a multilateral
Corruption of a representative of a State treaty does not terminate by reason only of the fact
If the expression of a State’s consent to be bound by a treaty that the number of the parties falls below the number
has been procured through the corruption of its representative necessary for its entry into force.
directly or indirectly by another negotiating State, the State
may invoke such corruption as invalidating its consent to be
Article 56
bound by the treaty.
Denunciation of or withdrawal from a treaty containing
no provision regarding termination, denunciation or
Article 51
Coercion of a representative of a State withdrawal 1. A treaty which contains no provision
The expression of a State’s consent to be bound by a treaty regarding its termination and which does not provide
which has been procured by the coercion of its representative for denunciation or withdrawal is not subject to
through acts or threats directed against him shall be without denunciation or withdrawal unless: (a) it is established
any legal effect. that the parties intended to admit the possibility of
denunciation or withdrawal; (b) or a right of
Article 52 denunciation or withdrawal may be implied by the
Coercion of a State by the threat or use of force nature of the treaty.
A treaty is void if its conclusion has been procured by the 2. A party shall give not less than twelve months’
threat or use of force in violation of the principles of
notice of its intention to denounce or withdraw from a
international law embodied in the Charter of the United
treaty under paragraph 1.
Nations.

Article 53 Article 57
Treaties conflicting with a peremptory norm of general Suspension of the operation of a treaty under its
international law (“jus cogens”) provisions or by consent of the parties
A treaty is void if, at the time of its conclusion, it conflicts with The operation of a treaty in regard to all the parties or
a peremptory norm of general international law. For the to a particular party may be suspended: (a)in conformity
purposes of the present Convention, a peremptory norm of with the provisions of the treaty; (b) or at any time by
general international law is a norm accepted and recognized consent of all the parties after consultation with the
by the international community of States as a whole as a norm other contracting States.
from which no derogation is permitted and which can be

Political Law
modified only by a subsequent norm of general international
www.lexmond.ph law having the same character. 159
 Article 58
Suspension of the operation of a multilateral treaty by
agreement between certain of the parties only
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(c) any party other than the defaulting State to invoke the
1. Two or more parties to a multilateral treaty may conclude
breach as a ground for suspending the operation of the
an agreement to suspend the operation of provisions of the
XII. PUBLIC INTERNATIONAL LAW treaty in whole or in part with respect to itself if the treaty
treaty, temporarily and as between themselves alone, if: (a)
is of such a character that a material breach of its
the possibility of such a suspension is provided for by the
provisions by one party radically changes the position of
treaty; (b) or the suspension in question is not prohibited by
every party with respect to the further performance of its
D. Diplomatic and Consular Law (Vienna the treaty and: (i) does not affect the enjoyment by the other
Convention on Diplomatic Relations; obligations under the treaty.
Vienna Convention on Consular Relations)
parties of their rights under the treaty or the performance of
3. A material breach of a treaty, for the purposes of this
their obligations; (ii) is not incompatible with the object and
E. Treaties; Vienna Convention on the Law
purpose of the treaty. article, consists in: (a) a repudiation of the treaty not
of Treaties sanctioned by the present Convention; (b) or the violation
2. Unless in a case falling under paragraph 1 (a) the treaty
otherwise provides, the parties in question shall notify the of a provision essential to the accomplishment of the
other parties of their intention to conclude the agreement object or purpose of the treaty.
and of those provisions of the treaty the operation of which 4. The foregoing paragraphs are without prejudice to any
they intend to suspend. provision in the treaty applicable in the event of a breach.
5. Paragraphs 1 to 3 do not apply to provisions relating to
Article 59 the protection of the human person contained in treaties
Termination or suspension of the operation of a treaty of a humanitarian character, in particular to provisions
implied by conclusion of a later treaty prohibiting any form of reprisals against persons
1. A treaty shall be considered as terminated if all the parties protected by such treaties.
to it conclude a later treaty relating to the same subject
matter and: (a) it appears from the later treaty or is otherwise Article 61
established that the parties intended that the matter should Supervening impossibility of performance
be governed by that treaty; or (b) the provisions of the later 1. A party may invoke the impossibility of performing a
treaty are so far incompatible with those of the earlier one treaty as a ground for terminating or withdrawing from it if
that the two treaties are not capable of being applied at the the impossibility results from the permanent
same time. disappearance or destruction of an object indispensable
2. The earlier treaty shall be considered as only suspended for the execution of the treaty. If the impossibility is
in operation if it appears from the later treaty or is otherwise temporary, it may be invoked only as a ground for
established that such was the intention of the parties. suspending the operation of the treaty.
2. Impossibility of performance may not be invoked by a
Article 60 party as a ground for terminating, withdrawing from or
Termination or suspension of the operation of a treaty as a suspending the operation of a treaty if the impossibility is
consequence of its breach the result of a breach by that party either of an obligation
1. A material breach of a bilateral treaty by one of the parties under the treaty or of any other international obligation
entitles the other to invoke the breach as a ground for owed to any other party to the treaty.
terminating the treaty or suspending its operation in whole or
in part. Article 62
2. A material breach of a multilateral treaty by one of the Fundamental change of circumstances
parties entitles: 1. A fundamental change of circumstances which has
(a) the other parties by unanimous agreement to suspend the occurred with regard to those existing at the time of the
operation of the treaty in whole or in part or to terminate it conclusion of a treaty, and which was not foreseen by the
either: (i) in the relations between themselves and the parties, may not be invoked as a ground for terminating or
defaulting State; (ii) or as between all the parties; withdrawing from the treaty unless: (a) the existence of
(b) a party specially affected by the breach to invoke it as a those circumstances constituted an essential basis of the
ground for suspending the operation of the treaty in whole or consent of the parties to be bound by the treaty; and
in part in the relations between itself and the defaulting
State;

www.lexmond.ph 160 Political Law

 (b) the effect of the change is radically to transform the
extent of obligations still to be performed under the treaty.
2. A fundamental change of circumstances may not be
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3. If, however, objection has been raised by any other
invoked as a ground for terminating or withdrawing from a
party, the parties shall seek a solution through the means
treaty:
XII. PUBLIC INTERNATIONAL LAW indicated in Article 33 of the Charter of the United Nations.
(a) if the treaty establishes a boundary;
4. Nothing in the foregoing paragraphs shall affect the
(b) or if the fundamental change is the result of a breach by
rights or obligations of the parties under any provisions in
the party invoking it either of an obligation under the treaty
force binding the parties with regard to the settlement of
D. Diplomatic and Consular Law (Vienna or of any other international obligation owed to any other
Convention on Diplomatic Relations; disputes.
Vienna Convention on Consular Relations)
party to the treaty.
5. Without prejudice to article 45, the fact that a State has
3. If, under the foregoing paragraphs, a party may invoke a
E. Treaties; Vienna Convention on the Law not previously made the notification prescribed in
fundamental change of circumstances as a ground for
of Treaties paragraph 1 shall not prevent it from making such
terminating or withdrawing from a treaty it may also invoke
notification in answer to another party claiming
the change as a ground for suspending the operation of the
performance of the treaty or alleging its violation.
treaty.

Article 66
Article 63
Procedures for judicial settlement, arbitration and
Severance of diplomatic or consular relations
conciliation
The severance of diplomatic or consular relations between
If, under paragraph 3 of article 65, no solution has been
parties to a treaty does not affect the legal relations
reached within a period of 12 months following the date on
established between them by the treaty except insofar as
which the objection was raised, the following procedures
the existence of diplomatic or consular relations is
shall be followed:
indispensable for the application of the treaty.
(a) any one of the parties to a dispute concerning the
application or the interpretation of article 53 or 64 may, by
Article 64
a written application, submit it to the International Court of
Emergence of a new peremptory norm of general
Justice for a decision unless the parties by common
international law (“jus cogens”) If a new peremptory norm of
consent agree to submit the dispute to arbitration;
general international law emerges, any existing treaty which
(b) any one of the parties to a dispute concerning the
is in conflict with that norm becomes void and terminates.
application or the interpretation of any of the other articles
in part V of the present Convention may set in motion the
SECTION 4.
procedure specified in the Annex to the Convention by
PROCEDURE
submitting a request to that effect to the Secretary-
General of the United Nations.
Article 65
Procedure to be followed with respect to invalidity,
Article 67
termination, withdrawal from or suspension of the operation
Instruments for declaring invalid, terminating, withdrawing
of a treaty
from or suspending the operation of a treaty
1. A party which, under the provisions of the present
1. The notification provided for under article 65, paragraph
Convention, invokes either a defect in its consent to be
1, must be made in writing.
bound by a treaty or a ground for impeaching the validity of a
2. Any act of declaring invalid, terminating, withdrawing
treaty, terminating it, withdrawing from it or suspending its
from or suspending the operation of a treaty pursuant to
operation, must notify the other parties of its claim. The
the provisions of the treaty or of paragraphs 2 or 3 of
notification shall indicate the measure proposed to be taken
article 65 shall be carried out through an instrument
with respect to the treaty and the reasons therefor.
communicated to the other parties. If the instrument is not
2. If, after the expiry of a period which, except in cases of
signed by the Head of State, Head of Government or
special urgency, shall not be less than three months after
Minister for Foreign Affairs, the representative of the State
the receipt of the notification, no party has raised any
communicating it may be called upon to produce full
objection, the party making the notification may carry out in
powers.
the manner provided in article 67 the measure which it has
proposed.

www.lexmond.ph 161 Political Law

 Article 68
Revocation of notifications and instruments provided for in
articles 65 and 67
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(a) eliminate as far as possible the consequences of any
A notification or instrument provided for in article 65 or 67
act performed in reliance on any provision which conflicts
may be revoked at any time before it takes effect.
XII. PUBLIC INTERNATIONAL LAW with the peremptory norm of general international law; and
(b) bring their mutual relations into conformity with the
SECTION 5.
peremptory norm of general international law.
CONSEQUENCES OF THE INVALIDITY, TERMINATION OR
2. In the case of a treaty which becomes void and
D. Diplomatic and Consular Law (Vienna SUSPENSION OF THE OPERATION OF A TREATY
Convention on Diplomatic Relations; terminates under article 64, the termination of the treaty:
Vienna Convention on Consular Relations) (a) releases the parties from any obligation further to
Article 69
E. Treaties; Vienna Convention on the Law perform the treaty;
Consequences of the invalidity of a treaty
of Treaties (b) does not affect any right, obligation or legal situation
1. A treaty the invalidity of which is established under the
of the parties created through the execution of the treaty
present Convention is void. The provisions of a void treaty
prior to its termination, provided that those rights,
have no legal force.
obligations or situations may thereafter be maintained only
2. If acts have nevertheless been performed in reliance on
to the extent that their maintenance is not in itself in
such a treaty:
conflict with the new peremptory norm of general
(a) each party may require any other party to establish as far
international law.
as possible in their mutual relations the position that would
have existed if the acts had not been performed;
Article 72
(b) acts performed in good faith before the invalidity was
Consequences of the suspension of the operation of a
invoked are not rendered unlawful by reason only of the
treaty
invalidity of the treaty.
1. Unless the treaty otherwise provides or the parties
3. In cases falling under article 49, 50, 51 or 52, paragraph 2
otherwise agree, the suspension of the operation of a
does not apply with respect to the party to which the fraud,
treaty under its provisions or in accordance with the
the act of corruption or the coercion is imputable.
present Convention:
4. In the case of the invalidity of a particular State’s consent
(a) releases the parties between which the operation of
to be bound by a multilateral treaty, the foregoing rules
the treaty is suspended from the obligation to perform the
apply in the relations between that State and the parties to
treaty in their mutual relations during the period of the
the treaty.
suspension;
(b) does not otherwise affect the legal relations between
Article 70
the parties established by the treaty.
Consequences of the termination of a treaty
2. During the period of the suspension the parties shall
1. Unless the treaty otherwise provides or the parties
refrain from acts tending to obstruct the resumption of the
otherwise agree, the termination of a treaty under its
operation of the treaty.
provisions or in accordance with the present Convention: (a)
(b) releases the parties from any obligation further to
PART VI.
perform the treaty; does not affect any right, obligation or
MISCELLANEOUS PROVISIONS
legal situation of the parties created through the execution
of the treaty prior to its termination.
Article 73
2. If a State denounces or withdraws from a multilateral
Cases of State succession, State responsibility and
treaty, paragraph 1 applies in the relations between that
outbreak of hostilities
State and each of the other parties to the treaty from the
The provisions of the present Convention shall not
date when such denunciation or withdrawal takes effect.
prejudge any question that may arise in regard to a treaty
from a succession of States or from the international
Article 71
responsibility of a State or from the outbreak of hostilities
Consequences of the invalidity of a treaty which conflicts
between States.
with a peremptory norm of general international law
1. In the case of a treaty which is void under article 53 the
parties shall:

www.lexmond.ph 162 Political Law

 Article 74
Diplomatic and consular relations and the conclusion of
treaties
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CODIGO
(d) examining whether the signature or any instrument,
The severance or absence of diplomatic or consular relations
notification or communication relating to the treaty is in
between two or more States does not prevent the conclusion
XII. PUBLIC INTERNATIONAL LAW due and proper form and, if need be, bringing the matter to
of treaties between those States. The conclusion of a treaty
the attention of the State in question;
does not in itself affect the situation in regard to diplomatic
(e) informing the parties and the States entitled to become
or consular relations.
D. Diplomatic and Consular Law (Vienna
parties to the treaty of acts, notifications and
Convention on Diplomatic Relations; communications relating to the treaty;
Vienna Convention on Consular Relations)
Article 75
(f) informing the States entitled to become parties to the
Case of an aggressor State
E. Treaties; Vienna Convention on the Law treaty when the number of signatures or of instruments of
The provisions of the present Convention are without
of Treaties ratification, acceptance, approval or accession required
prejudice to any obligation in relation to a treaty which may
for the entry into force of the treaty has been received or
arise for an aggressor State in consequence of measures
deposited;
taken in conformity with the Charter of the United Nations
(g) registering the treaty with the Secretariat of the United
with reference to that State’s aggression.
Nations;
(h) performing the functions specified in other provisions
PART VII.
of the present Convention.
DEPOSITARIES, NOTIFICATIONS, CORRECTIONS AND
2. In the event of any difference appearing between a
REGISTRATION
State and the depositary as to the performance of the
latter’s functions, the depositary shall bring the question
Article 76
to the attention of the signatory States and the contracting
Depositaries of treaties
States or, where appropriate, of the competent organ of
1. The designation of the depositary of a treaty may be made
the international organization concerned.
by the negotiating States, either in the treaty itself or in
some other manner. The depositary may be one or more
Article 78
States, an international organization or the chief
Notifications and communications
administrative officer of the organization.
Except as the treaty or the present Convention otherwise
2. The functions of the depositary of a treaty are
provide, any notification or communication to be made by
international in character and the depositary is under an
any State under the present Convention shall:
obligation to act impartially in their performance. In
(a) if there is no depositary, be transmitted direct to the
particular, the fact that a treaty has not entered into force
States for which it is intended, or if there is a depositary,
between certain of the parties or that a difference has
to the latter;
appeared between a State and a depositary with regard to
(b) be considered as having been made by the State in
the performance of the latter’s functions shall not affect that
question only upon its receipt by the State to which it was
obligation.
transmitted or, as the case may be, upon its receipt by the
depositary;
Article 77
(c) if transmitted to a depositary, be considered as
Functions of depositaries
received by the State for which it was intended only when
1. The functions of a depositary, unless otherwise provided in
the latter State has been informed by the depositary in
the treaty or agreed by the contracting States, comprise in
accordance with article 77, paragraph 1 (e).
particular:
(a) keeping custody of the original text of the treaty and of
Article 79
any full powers delivered to the depositary;
Correction of errors in texts or in certified copies of
(b) preparing certified copies of the original text and
treaties 1.
preparing any further text of the treaty in such additional
Where, after the authentication of the text of a treaty, the
languages as may be required by the treaty and transmitting
signatory States and the contracting States are agreed
them to the parties and to the States entitled to become
that it contains an error, the error shall, unless they decide
parties to the treaty;
upon some other means of correction, be corrected:
(c) receiving any signatures to the treaty and receiving and

Political Law
keeping custody of any instruments, notifications and
www.lexmond.ph 163
communications relating to it;
 (a) by having the appropriate correction made in the text and
causing the correction to be initialled by duly authorized
representatives;
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PART VIII.
(b) by executing or exchanging an instrument or instruments
FINAL PROVISIONS
setting out the correction which it has been agreed to make;
XII. PUBLIC INTERNATIONAL LAW or
Article 81
(c) by executing a corrected text of the whole treaty by the
Signature
same procedure as in the case of the original text.
The present Convention shall be open for signature by all
D. Diplomatic and Consular Law (Vienna 2. Where the treaty is one for which there is a depositary, the
Convention on Diplomatic Relations; States Members of the United Nations or of any of the
Vienna Convention on Consular Relations)
latter shall notify the signatory States and the contracting
specialized agencies or of the International Atomic Energy
States of the error and of the proposal to correct it and shall
E. Treaties; Vienna Convention on the Law Agency or parties to the Statute of the International Court
specify an appropriate time-limit within which objection to
of Treaties of Justice, and by any other State invited by the General
the proposed correction may be raised. If, on the expiry of
Assembly of the United Nations to become a party to the
the time-limit:
Convention, as follows: until 30 November 1969, at the
(a) no objection has been raised, the depositary shall make
Federal Ministry for Foreign Affairs of the Republic of
and initial the correction in the text and shall execute a
Austria, and subsequently, until 30 April 1970, at United
procès-verbal of the rectification of the text and
Nations Headquarters, New York.
communicate a copy of it to the parties and to the States
entitled to become parties to the treaty;
Article 82
(b) an objection has been raised, the depositary shall
Ratification
communicate the objection to the signatory States and to the
The present Convention is subject to ratification. The
contracting States.
instruments of ratification shall be deposited with the
3. The rules in paragraphs I and 2 apply also where the text
Secretary-General of the United Nations.
has been authenticated in two or more languages and it
appears that there is a lack of concordance which the
Article 83
signatory States and the contracting States agree should be
Accession
corrected.
The present Convention shall remain open for accession
4. The corrected text replaces the defective text ab initio,
by any State belonging to any of the categories mentioned
unless the signatory States and the contracting States
in article 81. The instruments of accession shall be
otherwise decide.
deposited with the Secretary General of the United
5. The correction of the text of a treaty that has been
Nations.
registered shall be notified to the Secretariat of the United
Nations.
Article 84
6. Where an error is discovered in a certified copy of a
Entry into force
treaty, the depositary shall execute a procès-verbal
1. The present Convention shall enter into force on the
specifying the rectification and communicate a copy of it to
thirtieth day following the date of deposit of the thirty-fifth
the signatory States and to the contracting States.
instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention
Article 80
after the deposit of the thirty-fifth instrument of ratification
Registration and publication of treaties
or accession, the Convention shall enter into force on the
1. Treaties shall, after their entry into force, be transmitted to
thirtieth day after deposit by such State of its instrument
the Secretariat of the United Nations for registration or filing
of ratification or accession. A
and recording, as the case may be, and for publication.
2. The designation of a depositary shall constitute
rticle 85
authorization for it to perform the acts specified in the
Authentic texts
preceding paragraph.
The original of the present Convention, of which the
Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the Secretary-
General of the United Nations.

www.lexmond.ph 164 Political Law

 Republic Act No. 9225
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS
WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT.
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CODIGO
(1) Those intending to exercise their right of suffrage must
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO.
Meet the requirements under Section 1, Article V of the
63, AS AMENDED AND FOR OTHER PURPOSES
XII. PUBLIC INTERNATIONAL LAW Constitution, Republic Act No. 9189, otherwise known as
"The Overseas Absentee Voting Act of 2003" and other
Be it enacted by the Senate and House of Representatives of
existing laws;
the Philippine Congress Assembled:
F. Nationality and Statelessness (R.A. No.
(2) Those seeking elective public in the Philippines shall
9225; Hague Convention of 1930) meet the qualification for holding such public office as
Section 1. Short Title – this act shall be known as the
required by the Constitution and existing laws and, at the
"Citizenship Retention and Re-acquisition Act of 2003."
time of the filing of the certificate of candidacy, make a
personal and sworn renunciation of any and all foreign
Section 2. Declaration of Policy - It is hereby declared the
citizenship before any public officer authorized to
policy of the State that all Philippine citizens of another
administer an oath;
country shall be deemed not to have lost their Philippine
(3) Those appointed to any public office shall subscribe
citizenship under the conditions of this Act.
and swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to
Section 3. Retention of Philippine Citizenship - Any
their assumption of office: Provided, That they renounce
provision of law to the contrary notwithstanding, natural-born
their oath of allegiance to the country where they took
citizenship by reason of their naturalization as citizens of a
that oath;
foreign country are hereby deemed to have re-acquired
(4) Those intending to practice their profession in the
Philippine citizenship upon taking the following oath of
Philippines shall apply with the proper authority for a
allegiance to the Republic:
license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any
"I _____________________, solemny swear (or affrim) that I will
public office in the Philippines cannot be exercised by, or
support and defend the Constitution of the Republic of the
extended to, those who:
Philippines and obey the laws and legal orders promulgated
by the duly constituted authorities of the Philippines; and I
(a) are candidates for or are occupying any public office in
hereby declare that I recognize and accept the supreme
the country of which they are naturalized citizens; and/or
authority of the Philippines and will maintain true faith and
(b) are in active service as commissioned or non-
allegiance thereto; and that I imposed this obligation upon
commissioned officers in the armed forces of the country
myself voluntarily without mental reservation or purpose of
which they are naturalized citizens.
evasion."

Section 6. Separability Clause - If any section or provision

Natural born citizens of the Philippines who, after the
of this Act is held unconstitutional or invalid, any other
effectivity of this Act, become citizens of a foreign country
section or provision not affected thereby shall remain valid
shall retain their Philippine citizenship upon taking the
and effective.
aforesaid oath.

Section 7. Repealing Clause - All laws, decrees, orders,

Section 4. Derivative Citizenship - The unmarried child,
rules and regulations inconsistent with the provisions of
whether legitimate, illegitimate or adopted, below eighteen
this Act are hereby repealed or modified accordingly.
(18) years of age, of those who re-acquire Philippine
citizenship upon effectivity of this Act shall be deemed
Section 8. Effectivity Clause – This Act shall take effect
citizenship of the Philippines.
after fifteen (15) days following its publication in the
Official Gazette or two (2) newspaper of general
Section 5. Civil and Political Rights and Liabilities - Those
circulation.
who retain or re-acquire Philippine citizenship under this Act
shall enjoy full civil and political rights and be subject to all
attendant liabilities and responsibilities under existing laws
of the Philippines and the following conditions:

www.lexmond.ph 165 Political Law

 CONVENTION ON CERTAIN QUESTIONS RELATING TO THE
CONFLICT OF NATIONALITY LAWS
THE HAGUE - 12 APRIL 1930
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CODIGO
CHAPTER II
EXPATRIATION PERMITS
CHAPTER I
XII. PUBLIC INTERNATIONAL LAW GENERAL PRINCIPLES
Article 7
In so far as the law of a State provides for the issue of an
Article 1
expatriation permit, such a permit shall not entail the loss
F. Nationality and Statelessness (R.A. No. It is for each State to determine under its own law who are
9225; Hague Convention of 1930) of the nationality of the State which issues it, unless the
its nationals. This law shall be recognized by other States in
person to whom it is issued possesses another nationality
so far as it is consistent with international conventions,
or unless and until he acquires another nationality. An
international custom, and the principles of law generally
expatriation permit shall lapse if the holder does not
recognized with regard to nationality.
acquire a new nationality within the period fixed by the
State which has issued the permit. This provision shall not
Article 2
apply in the case of an individual who, at the time when he
Any question as to whether a person possesses the
receives the expatriation permit, already possesses a
nationality of a particular State shall be determined in
nationality other than that of the State by which the permit
accordance with the law of that State.
is issued to him. The State whose nationality is acquired
by a person to whom an expatriation permit has been
Article 3
issued, shall notify such acquisition to the State which has
Subject to the provisions of the present Convention, a person
issued the permit.
having two or more nationalities may be regarded as its
national by each of the States whose nationality he
CHAPTER III
possesses.
NATIONALITY OF MARRIED WOMEN
Article 4
Article 8
A State may not afford diplomatic protection to one of its
If the national law of the wife causes her to lose her
nationals against a State whose nationality such person also
nationality on marriage with a foreigner, this consequence
possesses.
shall be conditional on her acquiring the nationality of the
husband.
Article 5
Within a third State, a person having more than one
Article 9
nationality shall be treated as if he had only one. Without
If the national law of the wife causes her to lose her
prejudice to the application of its law in matters of personal
nationality upon a change in the nationality of her husband
status and of any conventions in force, a third State shall, of
occurring during marriage, this consequence shall be
the nationalities which any such person possesses,
conditional on her acquiring her husband's new nationality.
recognize exclusively in its territory either the nationality of
the country in which he is habitually and principally resident,
Article 10
or the nationality of the country with which in the
Naturalization of the husband during marriage shall not
circumstances he appears to be in fact most closely
involve a change in the nationality of the wife except with
connected.
her consent.
Article 6
Article 11 The wife who, under the law of her country, lost
Without prejudice to the liberty of a State to accord wider
her nationality on marriage shall not recover it after the
rights to renounce its nationality, a person possessing two
dissolution of the marriage except on her own application
nationalities acquired without any voluntary act on his part
and in accordance with the law of that country. If she does
may renounce one of them with the authorization of the State
recover it, she shall lose the nationality which she
whose nationality he desires to surrender. This authorization
acquired by reason of the marriage.
may not be refused in the case of a person who has his
habitual and principal residence abroad, if the conditions laid

Political Law
down in the law of the State whose nationality he desires to
www.lexmond.ph 166
surrender are satisfied.
 CHAPTER IV
NATIONALITY OF CHILDREN
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CHAPTER V
Article 12
ADOPTION
Rules of law which confer nationality by reason of birth on
XII. PUBLIC INTERNATIONAL LAW the territory of a State shall not apply automatically to
Article 17
children born to persons enjoying diplomatic immunities in
If the law of a State recognizes that its nationality may be
the country where the birth occurs. The law of each State
lost as the result of adoption, this loss shall be conditional
F. Nationality and Statelessness (R.A. No. shall permit children of consuls de carrière, or of officials of
9225; Hague Convention of 1930) upon the acquisition by the person adopted of the
foreign States charged with official missions by their
nationality of the person by whom he is adopted, under the
Governments, to become divested, by repudiation or
law of the State of which the latter is a national relating to
otherwise, of the nationality of the State in which they were
the effect of adoption upon nationality.
born, in any case in which on birth they acquired dual
nationality, provided that they retain the nationality of their
CHAPTER VI
parents.
GENERAL AND FINAL PROVISIONS
Article 13
Article 18
Naturalisation of the parents shall confer on such of their
The High Contracting Parties agree to apply the principles
children as, according to its law, are minors the nationality of
and rules contained in the preceding Articles in their
the State by which the naturalisation is granted. In such case
relations with each other, as from the date of the entry
the law of that State may specify the conditions governing
into force of the present Convention. The inclusion of the
the acquisition of its nationality by the minor children as a
abovementioned principles and rules in the Convention
result of the naturalisation of the parents. In cases where
shall in no way be deemed to prejudice the question
minor children do not acquire the nationality of their parents
whether they do or do not already form part of
as the result of the naturalisation of the latter, they shall
international law. It is understood that, in so far as any
retain their existing nationality.
point is not covered by any of the provisions of the
preceding Articles, the existing principles and rules of
Article 14
international law shall remain in force.
A child whose parents are both unknown shall have the
nationality of the country of birth. If the child's parentage is
Article 19
established, its nationality shall be determined by the rules
Nothing in the present Convention shall affect the
applicable in cases where the parentage is known. A
provisions of any treaty, convention or agreement in force
foundling is, until the contrary is proved, presumed to have
between any of the High Contracting Parties relating to
been born on the territory of the State in which it was found.
nationality or matters connected therewith.
Article 15
Article 20
Where the nationality of a State is not acquired automatically
Any High Contracting Party may, when signing or ratifying
by reason of birth on its territory, a child born on the territory
the present Convention or acceding thereto, append an
of that State of parents having no nationality, or of unknown
express reservation excluding any one or more of the
nationality, may obtain the nationality of the said State. The
provisions of Articles 1 to 17 and 21. The provisions thus
law of that State shall determine the conditions governing
excluded cannot be applied against the Contracting Party
the acquisition of its nationality in such cases.
who has made the reservation nor relied on by that Party
against any other Contracting Party.
Article 16
If the law of the State, whose nationality an illegitimate child
Article 21
possesses, recognizes that such nationality may be lost as a
If there should arise between the High Contracting Parties
consequence of a change in the civil status of the child
a dispute of any kind relating to the interpretation or
(legitimation, recognition), such loss shall be conditional on
application of the present Convention and if such dispute
the acquisition by the child of the nationality of another State
cannot be satisfactorily settled by diplomacy, it shall be
under the law of such State relating to the effect upon

Political Law
nationality of changes in civil status.
www.lexmond.ph 167
 settled in accordance with any applicable agreements in
force between the parties providing for the settlement of
international disputes. In case there is no such agreement in
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CODIGO
A certified copy of this procès-verbal shall be sent by the
force between the parties, the dispute shall be referred to
Secretary-General of the League of Nations to each
arbitration or judicial settlement, in accordance with the
XII. PUBLIC INTERNATIONAL LAW Member of the League of Nations and to each non-Member
constitutional procedure of each of the parties to the
State mentioned in Article 22.
dispute.

Article 26
F. Nationality and Statelessness (R.A. No. In the absence of agreement on the choice of another
9225; Hague Convention of 1930) The present Convention shall enter into force on the 90th
tribunal, the dispute shall be referred to the Permanent Court
day after the date of the procès-verbal mentioned in
of International Justice, if all the parties to the dispute are
Article 25 as regards all Members of the League of
parties to the Protocol of 16 December 1920 relating to the
Nations or non-Member States on whose behalf
Statute of that Court, and if any of the parties to the dispute
ratifications or accessions have been deposited on the
is not a party to the Protocol of 16 December 1920, the
date of the procès-verbal. As regards any Member of the
dispute shall be referred to an arbitral tribunal constituted in
League or non-Member State on whose behalf a
accordance with the Hague Convention of 18 October 1907
ratification or accession is subsequently deposited, the
for the Pacific Settlement of International Conflicts.
Convention shall enter into force on the 90th day after the
date of the deposit of a ratification or accession on its
Article 22
behalf.
The present Convention shall remain open until 31 December
1930 for signature on behalf of any Member of the League of
Article 27
Nations or of any non-Member State invited to the First
As from 1 January 1936, any Member of the League of
Codification Conference or to which the Council of the
Nations or any non-Member State in regard to which the
League of Nations has communicated a copy of the
present Convention is then in force, may address to the
Convention for this purpose.
Secretary-General of the League of Nations a request for
the revision of any or all of the provisions of this
Article 23
Convention. If such a request, after being communicated
The present Convention is subject to ratification.
to the other Members of the League and non-Member
Ratifications shall be deposited with the Secretariat of the
States in regard to which the Convention is then in force,
League of Nations. The Secretary-General shall give notice
is supported within one year by at least nine of them, the
of the deposit of each ratification to the Members of the
Council of the League of Nations shall decide, after
League of Nations and to the non-Member States mentioned
consultation with the Members of the League of Nations
in Article 22, indicating the date of its deposit.
and the non-Member States mentioned in Article 22,
whether a conference should be specially convoked for
Article 24
that purpose or whether such revision should be
As from 1 January 1931, any Member of the League of Nations
considered at the next conference for the codification of
and any non-Member State mentioned in Article 22 on whose
international law.
behalf the Convention has not been signed before that date,
may accede thereto. Accession shall be effected by an
The High Contracting Parties agree that, if the present
instrument deposited with the Secretariat of the League of
Convention is revised, the revised Convention may provide
Nations. The Secretary-General of the League of Nations
that upon its entry into force some or all of the provisions
shall give notice of each accession to the Members of the
of the present Convention shall be abrogated in respect of
League of Nations and to the non-Member States mentioned
all of the Parties to the present Convention.
in Article 22, indicating the date of the deposit of the
instrument.

Article 25
A procès-verbal shall be drawn up by the Secretary-General
of the League of Nations as soon as ratifications or
accessions on behalf of ten Members of the League of

Political Law
Nations or non-Member States have been deposited.
www.lexmond.ph 168
 Article 28
The present Convention may be denounced. Denunciation
shall be effected by a notification in writing addressed to the
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5. The Secretary-General of the League of Nations shall
Secretary General of the League of Nations, who shall inform
communicate to all the Members of the League of Nations
all Members of the League of Nations and the non-Member
XII. PUBLIC INTERNATIONAL LAW and the non-Member States mentioned in Article 22 all
States mentioned in Article 22. Each denunciation shall take
declarations and notices received in virtue of this Article.
effect one year after the receipt by the Secretary-General of
the notification but only as regards the Member of the
Article 30
F. Nationality and Statelessness (R.A. No. League or non-Member State on whose behalf it has been
9225; Hague Convention of 1930) The present Convention shall be registered by the
notified.
Secretary-General of the League of Nations as soon as it
G. Jurisdiction of States
has entered into force.
Article 29
1. Territoriality Principle
1. Any High Contracting Party may, at the time of signature,
Article 31
2. Nationality Principle ratification or accession, declare that, in accepting the
The French and English texts of the present Convention
3. Protective Principle present Convention, he does not assume any obligations in
shall both be authoritative.
respect of all or any of his colonies, protectorates, overseas
4. Universality Principle _________________________
territories or territories under suzerainty or mandate, or in
5. Passive Personality Principle respect of certain parts of the population of the said
territories; and the present Convention shall not apply to any
6. Conflicts of Jurisdiction Universal Declaration of Human Rights
territories or to the parts of their population named in such
H. Treatment of Aliens; Extradition and declaration.
Deportation Preamble
2. Any High Contracting Party may give notice to the
I. International Human Rights Law (The Secretary-General of the League of Nations at any time
United Nations’ Universal Declaration of Whereas recognition of the inherent dignity and of the
subsequently that he desires that the Convention shall apply
Human Rights) equal and inalienable rights of all members of the human
to all or any of his territories or to the parts of their
family is the foundation of freedom, justice and peace in
population which have been made the subject of a
the world,
declaration under the preceding paragraph, and the
Convention shall apply to all the territories or the parts of
Whereas disregard and contempt for human rights have
their population named in such notice six months after its
resulted in barbarous acts which have outraged the
receipt by the Secretary-General of the League of Nations.
conscience of mankind, and the advent of a world in which
3. Any High Contracting Party may, at any time, declare that
human beings shall enjoy freedom of speech and belief
he desires that the present Convention shall cease to apply
and freedom from fear and want has been proclaimed as
to all or any of his colonies, protectorates, overseas
the highest aspiration of the common people,
territories or territories under suzerainty or mandate, or in
respect of certain parts of the population of the said
Whereas it is essential, if man is not to be compelled to
territories, and the Convention shall cease to apply to the
have recourse, as a last resort, to rebellion against tyranny
territories or to the parts of their population named in such
and oppression, that human rights should be protected by
declaration one year after its receipt by the Secretary-
the rule of law,
General of the League of Nations.
4. Any High Contracting Party may make the reservations
Whereas it is essential to promote the development of
provided for in Article 20 in respect of all or any of his
friendly relations between nations,
colonies, protectorates, overseas territories or territories
under suzerainty or mandate, or in respect of certain parts of
Whereas the peoples of the United Nations have in the
the population of these territories, at the time of signature,
Charter reaffirmed their faith in fundamental human rights,
ratification or accession to the Convention or at the time of
in the dignity and worth of the human person and in the
making a notification under the second paragraph of this
equal rights of men and women and have determined to
Article.
promote social progress and better standards of life in
larger freedom,

www.lexmond.ph 169 Political Law

 Whereas Member States have pledged themselves to
achieve, in co-operation with the United Nations, the
promotion of universal respect for and observance of human
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CODIGO
Article 7
rights and fundamental freedoms,
All are equal before the law and are entitled without any
XII. PUBLIC INTERNATIONAL LAW discrimination to equal protection of the law. All are
Whereas a common understanding of these rights and
entitled to equal protection against any discrimination in
freedoms is of the greatest importance for the full realization
violation of this Declaration and against any incitement to
of this pledge,
such discrimination.
Now, therefore,
I. International Human Rights Law (The
United Nations’ Universal Declaration of
The General Assembly,
Article 8
Human Rights) Proclaims this Universal Declaration of Human Rights as a
Everyone has the right to an effective remedy by the
common standard of achievement for all peoples and all
competent national tribunals for acts violating the
nations, to the end that every individual and every organ of
fundamental rights granted him by the constitution or by
society, keeping this Declaration constantly in mind, shall
law.
strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures,
Article 9
national and international, to secure their universal and
No one shall be subjected to arbitrary arrest, detention or
effective recognition and observance, both among the
exile.
peoples of Member States themselves and among the
peoples of territories under their jurisdiction.
Article 10
Everyone is entitled in full equality to a fair and public
Article 1
hearing by an independent and impartial tribunal, in the
All human beings are born free and equal in dignity and
determination of his rights and obligations and of any
rights. They are endowed with reason and conscience and
criminal charge against him.
should act towards one another in a spirit of brotherhood.

Article 11
Article 2
1. Everyone charged with a penal offence has the right to
Everyone is entitled to all the rights and freedoms set forth
be presumed innocent until proved guilty according to
in this Declaration, without distinction of any kind, such as
law in a public trial at which he has had all the
race, colour, sex, language, religion, political or other
guarantees necessary for his defence.
opinion, national or social origin, property, birth or other
2. No one shall be held guilty of any penal offence on
status. Furthermore, no distinction shall be made on the
account of any act or omission which did not constitute
basis of the political, jurisdictional or international status of
a penal offence, under national or international law, at
the country or territory to which a person belongs, whether it
the time when it was committed. Nor shall a heavier
be independent, trust, non-self-governing or under any other
penalty be imposed than the one that was applicable at
limitation of sovereignty.
the time the penal offence was committed.
Article 3
Article 12
Everyone has the right to life, liberty and security of person.
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks
Article 4
upon his honour and reputation. Everyone has the right to
No one shall be held in slavery or servitude; slavery and the
the protection of the law against such interference or
slave trade shall be prohibited in all their forms.
attacks.
Article 5
Article 13
No one shall be subjected to torture or to cruel, inhuman or
1. Everyone has the right to freedom of movement and
degrading treatment or punishment.
residence within the borders of each state.
Article 6
Everyone has the right to recognition everywhere as a person

Political Law
before the law.
www.lexmond.ph 170
 1. Everyone has the right to leave any country, including his
own, and to return to his country.
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CODIGO
Article 21
Article 14
1. Everyone has the right to take part in the government of
1. Everyone has the right to seek and to enjoy in other
XII. PUBLIC INTERNATIONAL LAW his country, directly or through freely chosen
countries asylum from persecution.
representatives.
2. This right may not be invoked in the case of prosecutions
2. Everyone has the right of equal access to public
genuinely arising from non-political crimes or from acts
service in his country.
contrary to the purposes and principles of the United
I. International Human Rights Law (The 3. The will of the people shall be the basis of the authority
United Nations’ Universal Declaration of
Nations.
of government; this will shall be expressed in periodic
Human Rights)
and genuine elections which shall be by universal and
Article 15
equal suffrage and shall be held by secret vote or by
1. Everyone has the right to a nationality.
equivalent free voting procedures.
2. No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
Article 22
Everyone, as a member of society, has the right to social
Article 16
security and is entitled to realization, through national
1. Men and women of full age, without any limitation due to
effort and international co-operation and in accordance
race, nationality or religion, have the right to marry and to
with the organization and resources of each State, of the
found a family. They are entitled to equal rights as to
economic, social and cultural rights indispensable for his
marriage, during marriage and at its dissolution.
dignity and the free development of his personality.
2. Marriage shall be entered into only with the free and full
consent of the intending spouses.
Article 23
3. The family is the natural and fundamental group unit of
1. Everyone has the right to work, to free choice of
society and is entitled to protection by society and the
employment, to just and favourable conditions of work
State.
and to protection against unemployment.
2. Everyone, without any discrimination, has the right to
Article 17
equal pay for equal work.
1. Everyone has the right to own property alone as well as in
3. Everyone who works has the right to just and favourable
association with others.
remuneration ensuring for himself and his family an
2. No one shall be arbitrarily deprived of his property.
existence worthy of human dignity, and supplemented,
if necessary, by other means of social protection.
Article 18
4. Everyone has the right to form and to join trade unions
Everyone has the right to freedom of thought, conscience
for the protection of his interests.
and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community
Article 24
with others and in public or private, to manifest his religion or
Everyone has the right to rest and leisure, including
belief in teaching, practice, worship and observance.
reasonable limitation of working hours and periodic
holidays with pay.
Article 19
Everyone has the right to freedom of opinion and expression;
Article 25
this right includes freedom to hold opinions without
1. Everyone has the right to a standard of living adequate
interference and to seek, receive and impart information and
for the health and well-being of himself and of his
ideas through any media and regardless of frontiers.
family, including food, clothing, housing and medical
care and necessary social services, and the right to
Article 20
security in the event of unemployment, sickness,
1. Everyone has the right to freedom of peaceful assembly
disability, widowhood, old age or other lack of
and association.
livelihood in circumstances beyond his control.
2. No one may be compelled to belong to an association.

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 2. Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock,
shall enjoy the same social protection.
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CODIGO
Article 30
Nothing in this Declaration may be interpreted as implying
Article 26
XII. PUBLIC INTERNATIONAL LAW for any State, group or person any right to engage in any
Everyone has the right to education. Education shall be free,
activity or to perform any act aimed at the destruction of
at least in the elementary and fundamental stages.
any of the rights and freedoms set forth herein.
Elementary education shall be compulsory. Technical and
professional education shall be made generally available and
I. International Human Rights Law (The _________________________
United Nations’ Universal Declaration of
higher education shall be equally accessible to all on the
Human Rights) basis of merit.
J. International Humanitarian Law (R.A. No. REPUBLIC ACT NO. 9851
9851) Education shall be directed to the full development of the
AN ACT DEFINING AND PENALIZING CRIMES AGAINST
human personality and to the strengthening of respect for
1. War Crimes, Genocide, and Other Crimes INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND
against Humanity – Sections 4-6 human rights and fundamental freedoms. It shall promote
OTHER CRIMES AGAINST HUMANITY, ORGANIZING
understanding, tolerance and friendship among all nations,
2. Jurisdiction and Double Jeopardy – JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR
racial or religious groups, and shall further the activities of
Section 17 RELATED PURPOSES
the United Nations for the maintenance of peace.
3. Irrelevance of Official Capacity – Section
9 CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
4. Responsibility of Superiors – Section 10 Parents have a prior right to choose the kind of education
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
that shall be given to their children.
5. Nonprescription – Section 11
Section 4. War Crimes. - For the purpose of this Act, "war
Article 27
crimes" or "crimes against Interntional Human Humanitarian
Everyone has the right freely to participate in the cultural life
Law" means:
of the community, to enjoy the arts and to share in scientific
(a) In case of an international armed conflict , grave
advancement and its benefits.
breaches of the Geneva Conventions of 12 August 1949,
namely, any of the following acts against persons or
Everyone has the right to the protection of the moral and
property protected under provisions of the relevant
material interests resulting from any scientific, literary or
Geneva Convention:
artistic production of which he is the author.
(1) Willful killing;
(2) Torture or inhuman treatment, including biological
Article 28
experiments;
Everyone is entitled to a social and international order in
(3) Willfully causing great suffering, or serious injury to
which the rights and freedoms set forth in this Declaration
body or health;
can be fully realized.
(4) Extensive destruction and appropriation of property not
justified by military necessity and carried out unlawfully
Article 29
and wantonly;
Everyone has duties to the community in which alone the free
(5) Willfully depriving a prisoner of war or other protected
and full development of his personality is possible.
person of the rights of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population
In the exercise of his rights and freedoms, everyone shall be
or unlawful confinement;
subject only to such limitations as are determined by law
(7) Taking of hostages;
solely for the purpose of securing due recognition and
(8) Compelling a prisoner a prisoner of war or other
respect for the rights and freedoms of others and of meeting
protected person to serve in the forces of a hostile power;
the just requirements of morality, public order and the
and
general welfare in a democratic society.
(9) Unjustifiable delay in the repatriation of prisoners of
war or other protected persons.
These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United
Nations.

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 (b) In case of a non-international armed conflict, serious
violations of common Article 3 to the four (4) Geneva
Conventions of 12 August 1949, namely , any of the following
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CODIGO
(8) Killing or wounding a person in the knowledge that
acts committed against persons taking no active part in the
he/she is hors de combat, including a combatant who,
hostilities, including member of the armed forces who have
XII. PUBLIC INTERNATIONAL LAW having laid down his/her arms or no longer having means
laid down their arms and those placed hors de combat by
of defense, has surrendered at discretion;
sickness, wounds, detention or any other cause;
(9) Making improper use of a flag of truce, of the flag or
(1) Violence to life and person, in particular, willful killings,
the military insignia and uniform of the enemy or of the
J. International Humanitarian Law (R.A. No. mutilation, cruel treatment and torture;
9851) United Nations, as well as of the distinctive emblems of
(2) Committing outrages upon personal dignity, in particular,
the Geneva Conventions or other protective signs under
1. War Crimes, Genocide, and Other Crimes humiliating and degrading treatment;
against Humanity – Sections 4-6 International Humanitarian Law, resulting in death, serious
(3) Taking of hostages; and
personal injury or capture;
2. Jurisdiction and Double Jeopardy – (4) The passing of sentences and the carrying out of
(10) Intentionally directing attacks against buildings
Section 17 executions without previous judgment pronounced by a
dedicated to religion, education, art, science or charitable
3. Irrelevance of Official Capacity – Section regularly constituted court, affording all judicial guarantees
purposes, historic monuments, hospitals and places where
9 which are generally recognized as indispensable.
4. Responsibility of Superiors – Section 10 the sick and wounded are collected, provided they are not
military objectives. In case of doubt whether such building
5. Nonprescription – Section 11 (c) Other serious violations of the laws and customs
or place has been used to make an effective contribution
applicable in armed conflict, within the established
to military action, it shall be presumed not to be so used;
framework of international law, namely:
(11) Subjecting persons who are in the power of an adverse
(1) Internationally directing attacks against the civilian
party to physical mutilation or to medical or scientific
population as such or against individual civilians not taking
experiments of any kind, or to removal of tissue or organs
direct part in hostilities;
for transplantation, which are neither justified by the
(2) Intentionally directing attacks against civilian objects,
medical, dental or hospital treatment of the person
that is, object which are not military objectives;
concerned nor carried out in his/her interest, and which
(3) Intentionally directing attacks against buildings, material,
cause death to or seriously endanger the health of such
medical units and transport, and personnel using the
person or persons;
distinctive emblems of the Geneva Conventions or Additional
(12) Killing, wounding or capturing an adversary by resort
Protocol III in conformity with intentional law;
to perfidy;
(4) Intentionally directing attacks against personnel,
(13) Declaring that no quarter will be given;
installations, material, units or vehicles involved in a
(14) Destroying or seizing the enemy's property unless
humanitarian assistance or peacekeeping mission in
such destruction or seizure is imperatively demanded by
accordance with the Charter of the United Nations, as ling as
the necessities of war;
they are entitled to the protection given to civilians or civilian
(15) Pillaging a town or place, even when taken by assault;
objects under the international law of armed conflict;
(16) Ordering the displacements of the civilian population
(5) Launching an attack in the knowledge that such attack will
for reasons related to the conflict, unless the security of
cause incidental loss of life or injury to civilians or damage to
the civilians involved or imperative military reasons so
civilian objects or widespread, long-term and severe damage
demand;
to the natural environment which would be excessive in
(17) Transferring, directly or indirectly, by the occupying
relation to the concrete and direct military advantage
power of parts of its own civilian population into the
anticipated;
territory it occupies, or the deportation or transfer of all or
(6) Launching an attack against works or installations
parts of the population of the occupied territory within or
containing dangerous forces in the knowledge that such
outside this territory;
attack will cause excessive loss of life, injury to civilians or
(18) Commiting outrages upon personal dignity, in
damage to civilian objects, and causing death or serious
particular, humiliating and degrading treatments;
injury to body or health .
(7) Attacking or bombarding, by whatever means, towns,
villages, dwellings or buildings which are undefended and
which are not military objectives, or making non-defended
localities or demilitarized zones the object of attack;

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 (19) Committing rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or any other form of
sexual violence also constituting a grave breach of the
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CODIGO
Section 5. Genocide - (a) For the purpose of this Act,
Geneva Conventions or a serious violation of common Article
"genocide" means any of the following acts with intent to
3 to the Geneva Conventions;
XII. PUBLIC INTERNATIONAL LAW destroy, in whole or in part, a national, ethnic, racial,
(20) Utilizing the presence of a civilian or other protected
religious, social or any other similar stable and permanent
person to render certain points, areas or military forces
group as such:
immune from military operations;
(1) Killing members of the group;
J. International Humanitarian Law (R.A. No. (21) Intentionally using starvation of civilians as a method of
9851) (2) Causing serious bodily or mental harm to members of
warfare by depriving them of objects indispensable to their
the group;
1. War Crimes, Genocide, and Other Crimes survival, including willfully impeding relief supplies as
against Humanity – Sections 4-6 (3) Deliberately inflicting on the group conditions of life
provided for under the Geneva Conventions and their
calculated to bring about its physical destruction in whole
2. Jurisdiction and Double Jeopardy – Additional Protocols;
or in part;
Section 17 (22) In an international armed conflict, compelling the
(4) Imposing measures intended to prevent births within
3. Irrelevance of Official Capacity – Section nationals of the hostile party to take part in the operations of
the group; and
9 war directed against their own country, even if they were in
4. Responsibility of Superiors – Section 10 (5) Forcibly transferring children of the group to another
the belligerent's service before the commencement of the
group.
5. Nonprescription – Section 11 war;
(b) It shall be unlawful for any person to directly and
(23) In an international armed conflict, declaring abolished,
publicly incite others to commit genocide.
suspended or inadmissible in a court of law the rights and
Any person found guilty of committing any of the acts
actions of the nationals of the hostile party;
specified in paragraphs (a) and (b) of this section shall
(24) Commiting any of the following acts:
suffer the penalty provided under Section 7 of this Act.
(i) Conscripting, enlisting or recruiting children under the age
of fifteen (15) years into the national armed forces;
Section 6. Other Crimes Against Humanity. - For the
(ii) Conscripting, enlisting or recruiting children under the age
purpose of this act, "other crimes against humanity" means
of eighteen (18) years into an armed force or group other
any of the following acts when committed as part of a
than the national armed forces; and
widespread or systematic attack directed against any
(iii) Using children under the age of eighteen (18) years to
civilian population, with knowledge of the attack:
participate actively in hostilities; and
(a) Willful killing;
(25) Employing means of warfare which are prohibited under
(b) Extermination;
international law, such as:
(c) Enslavement;
(i) Poison or poisoned weapons;
(d) Arbitrary deportation or forcible transfer of population;
(ii) Asphyxiating, poisonous or other gases, and all analogous
(e) Imprisonment or other severe deprivation of physical
liquids, materials or devices;
liberty in violation of fundamental rules of international
(iii) Bullets which expand or flatten easily in the human body,
law;
such as bullets with hard envelopes which do not entirely
(f) Torture;
cover the core or are pierced with incisions; and
(g) Rape, sexual slavery, enforced prostitution, forced
(iv) Weapons, projectiles and material and methods of
pregnancy, enforced sterilization, or any other form of
warfare which are of the nature to cause superfluous injury or
sexual violence of comparable gravity;
unnecessary suffering or which are inherently indiscriminate
(h) Persecution against any identifiable group or
in violation of the international law of armed conflict.
collectivity on political, racial, national, ethnic, cultural,
Any person found guilty of committing any of the acts
religious, gender, sexual orientation or other grounds that
specified herein shall suffer the penalty provided under
are universally recognized as impermissible under
Section 7 of this Act.
international law, in connection with any act referred to in
this paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and

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 (k) Other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to mental
or physical health.
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CODIGO
(b) Immunities that may be attached to the official capacity
of a person under international law may limit the
Any person found guilty of committing any of the acts
XII. PUBLIC INTERNATIONAL LAW application of this Act, nut only within the bounds
specified herein shall suffer the penalty provided under
established under international law.
Section 7 of this Act.

Section 10. Responsibility of Superiors. - In addition to

J. International Humanitarian Law (R.A. No. JURISDICTION
9851) other grounds of criminal responsibility for crimes defined
and penalized under this Act, a superior shall be criminally
1. War Crimes, Genocide, and Other Crimes Section 17. Jurisdiction.- The State shall exercise jurisdiction
against Humanity – Sections 4-6 responsible as a principal for such crimes committed by
over persons, whether military or civilian, suspected or
subordinates under his/her effective command and
2. Jurisdiction and Double Jeopardy – accused of a crime defined and penalized in this Act,
control, or effective authority and control as the case may
Section 17 regardless of where the crime is committed, provided, any
be, as a result of his/her failure to properly exercise
3. Irrelevance of Official Capacity – Section one of the following conditions is met:
control over such subordinates, where:
9 (a) The accused is a Filipino citizen;
4. Responsibility of Superiors – Section 10 (a) That superior either knew or, owing to the
(b) The accused, regardless of citizenship or residence, is
circumstances at the time, should have known that the
5. Nonprescription – Section 11 present in the Philippines; or
subordinates were committing or about to commit such
(c) The accused has committed the said crime against a
crimes;
Filipino citizen.
(b) That superior failed to take all necessary and
reasonable measures within his/her power to prevent or
In the interest of justice, the relevant Philippine authorities
repress their commission or to submit the matter to the
may dispense with the investigation or prosecution of a crime
competent authorities for investigation and prosecution.
punishable under this Act if another court or international
tribunal is already conducting the investigation or
Section 11. Non-prescription. - The crimes defined and
undertaking the prosecution of such crime. Instead, the
penalized under this Act, their prosecution, and the
authorities may surrender or extradite suspected or accused
execution of sentences imposed on their account, shall
persons in the Philippines to the appropriate international
not be subject to any prescription.
court, if any, or to another State pursuant to the applicable
extradition laws and treaties.

No criminal proceedings shall be initiated against foreign

nationals suspected or accused of having committed the
crimes defined and penalized in this Act if they have been
tried by a competent court outside the Philippines in respect
of the same offense and acquitted, or having been convicted,
already served their sentence.

Section 9. Irrelevance of Official Capacity. - This Act shall

apply equally to all persons without any distinction based on
official capacity. In particular, official capacity as a head of
state or government, a member of a government or
parliament, an elected representative or a government
official shall in no case exempt a person from criminal
responsibility under this Act, nor shall it, in and of itself,
constitute a ground for reduction of sentence. However:
(a) Immunities or special procedural rules that may be
attached to the official capacity of a person under Philippine
law other than the established constitutional immunity from
suit of the Philippine President during his/her tenure, shall

Political Law
not bar the court from exercising jurisdiction over such a
www.lexmond.ph 175
person; and