1973

CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
 

Preamble

   
    We, the sovereign Filipino people, imploring the aid of Divine Providence, in
order to establish a government that shall embody our ideals, promote the
general welfare, conserve and develop the patrimony of our Nation, and secure
to ourselves and our posterity the blessings of democracy under a regime of
justice, peace, liberty, and equality, do ordain and promulgate this
Constitution.

ARTICLE I
The National Territory
 
    Section 1. The national territory comprises the Philippine archipelago, with
all the islands and waters embraced therein, and all the other territories
belonging to the Philippines by historic or legal title, including the territorial
sea, the air space, the subsoil, the sea-bed, the insular shelves, and the
submarine areas over which the Philippines has sovereignty or jurisdiction.
The waters around, between, and connecting the islands of the archipelago,
irrespective of their breadth and dimensions, form part of the internal waters
of the Philippines.
 
ARTICLE II
Declaration of Principles and State Policies
  
    Section 1. The Philippines is a republican state. Sovereignty resides in the
people and all government authority emanates from them.
    Section 2. The defence of the State is the prime duty of government, and in the
fulfilment of this duty all citizens may be required by law to render personal
military or civil service.
    Section 3. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the law
of the land, and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
    Section 4. The State shall strengthen the family as a basic social institution.
The natural right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the aid and
support of the government.
    Section 5. The State recognizes the vital role of the youth in nation-building
and shall promote their physical, intellectual and social well-being.
    Section 6. The State shall promote social justice to ensure the dignity, welfare,
and security of all the people. Towards this end, the State shall regulate the
acquisition, ownership, use, enjoyment, and disposition of private property,
and equitably diffuse property ownership and profits.
    Section 7. The State shall establish, maintain, and ensure adequate social
services in the field of education, health, housing, employment, welfare, and
social security to guarantee the enjoyment of the people of a decent standard of
living.
    Section 8. Civilian authority is at all times supreme over the military.
    Section 9. The State shall afford protection to labor, promote full employment
and equality in employment, ensure equal work opportunities regardless of sex,
race, or creed, and regulate the relation between workers and employers. The
State shall assure the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work.   
Section 10. The State shall guarantee and promote the autonomy of local
government units, especially the barrio, to ensure their fullest development as
self-reliant communities.
 ARTICLE III
Citizenship
 
    Section 1. The following are citizens of the Philippines:
 
(1) Those who are citizens of the Philippines at the time of the
adoption of this Constitution.

(2) Those whose fathers and mothers are citizens of the

Philippines.

(3) Those who elect Philippine citizenship pursuant to the

provisions of the Constitution of nineteen hundred and thirty-five.

(4) Those who are naturalized in accordance with law.

    Section 2. A female citizen of the Philippines who marries an alien retains her
Philippine citizenship, unless by her act or omission she is deemed, under the
law, to have renounced her citizenship.

Section 3. Philippine citizenship may be lost or reacquired in the manner

provided by law.

Section 4. A natural-born citizen is one who is a citizen of the Philippines from

birth without having to perform any act to acquire or perfect his Philippine
citizenship.

ARTICLE IV
Bill of Rights
 
    Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
    Section 2. Private property shall not be taken for public use without just
compensation.
    Section 3. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and whatever purpose shall not be violated, and no search warrant shall
issue except upon probable cause to be determined by the judge, or such o
maybe authorized by law.
    Section 4. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety and
order require otherwise.

    (2) Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding.

    Section 5. The liberty of abode and of travel shall not be impaired except upon
lawful order of the court, or when necessary in the interest of national security,
public safety, or public health.
    Section 6. The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, shall be afforded the
citizen.
    Section 7. The right to form associations or societies for purposes not
contrary to the law shall not be abridged.
    Section 8. No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed.    Section 9. No law shall be passed abridging the freedom of
speech, or the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances.
    Section 10. No law granting a title of royalty or nobility shall be enacted.
    Section 11. No law impairing the obligation of contracts shall be passed.
    Section 12. No ex post facto law or bill of attainder shall be enacted.
    Section 13. No person shall be imprisoned for debt or non-payment of a poll
tax.
    Section 14. No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly convicted.
    Section 15. The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion, insurrection, or rebellion, or imminent danger
thereof, when the public safety requires it.
    Section 16. All persons, shall have the right to a speedy disposition of their
cases in all judicial, quasi-judicial, or administrative bodies.
    Section 17. No person shall be held to answer for a criminal offense without
due process of law.
    Section 18. All persons, except those charged with capital offenses when
evidence of guilt is strong shall, before conviction, be bailable by sufficient
sureties. Excessive bail shall not be required.
    Section 19. In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the 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 appear is unjustified.
    Section 20. No person shall be compelled to be a witness against himself. Any
person under investigation for the commission of an offense shall have the
right to remain silent and to counsel, and to be informed of such right. No
force, violence, threat, intimidation, or any other means which vitiates the free
will shall be used against him. Any confession obtained in violation of this
section shall be inadmissible in evidence.
    Section 21. Excessive fines shall not be imposed nor cruel or unusual
punishment inflicted.
    Section 22. No person shall be twice put in jeopardy of punishment for the
same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same
act.
    Section 23. Free access to the courts shall not be denied to any person by
reason of poverty.

 
 ARTICLE V
Duties and Obligations of Citizens
 
    Section 1. It shall be the duty of the citizen to be loyal to the Republic and to
honor the Philippine flag, to defend the State and contribute to its development
and welfare, to uphold the Constitution and obey the laws.

    Section 2. The rights of the individual impose upon him the correlative duty
to exercise them responsibly and with due regard for the rights of others.
    Section 3. It shall be the duty of every citizen to engage in gainful work to
assure himself and his family a life worthy of human dignity.
    Section 4. It shall be the obligation of every citizen qualified to vote to register
and cast his vote.

ARTICLE VI
Suffrage
 
    Section 1. Suffrage shall be exercised by citizens of the Philippines not
otherwise disqualified by law, who are eighteen years of age or over and who
shall have resided in the Philippines for at least one year and in the place
wherein they propose to vote for at least six months preceding the election. No
literacy, property or other substantive requirement shall be imposed on the
exercise of, suffrage. The Batasang Pambansa shall provide a system for the
purpose of securing the secrecy and sanctity of the vote.
 
ARTICLE VII
The President and Vice-President
 
    Section 1. The President shall be the head of state and chief executive of the
Republic of the Philippines.
    Section 2. There shall be a Vice-President who shall have the same
qualifications and term of office as the President and may be removed from
office in the same manner as the President as provided in Article XIII, Section 2
of this Constitution.

The Vice-President may be appointed as a member of the Cabinet and may be

nominated and elected as Prime Minister.

The Vice-President shall be elected with and in the same manner as the
President.

The President shall be elected from among the Members of the National
Assembly by a majority vote of all its Members for a term of six years from the
date he takes his oath of office, which shall not be later than three days after the
proclamation of the National Assembly, nor in any case earlier than the
expiration of the term of his predecessor. Upon taking his oath of office, the
President shall cease to be a Member of the National Assembly and of any
political party.
    Section 3. No person may be elected President unless he is at least fifty years
of age at the day of his election as President, and a resident of the Philippines
for at least ten years immediately preceding his election.
    Section 4. The President shall have an official residence and shall receive a
compensation to be fixed by law, which shall not be increased or decreased
during his term of office. He shall not receive during his tenure any other
emolument from the government or any other source. Until the National
Assembly shall provide otherwise, the President shall receive an annual salary
of one hundred thousand pesos.
    Section 5. In case of permanent disability, death, removal from office, or
resignation of the President, the Speaker of the National Assembly shall act as
President until a successor has been elected for the unexpired portion of the
term of the President.
    Section 6. The President shall have the following duties and functions:
(1) Address the National Assembly at the opening of its regular
session.

(2) Proclaim the election of the Prime Minister.

(3) Dissolve the National Assembly and call for a general election
as provided herein.

(4) Accept the resignation of the Cabinet as provided herein.

(5) Attest to the appointment or cessation from office of Members

of the Cabinet, and of other officers as may be provided by law.

(6) Appoint all officers and employees in his office in accordance

with the Civil Service Law.

(7) Perform such other duties and functions of State as may be

provided by law.

 
    Section 7. The President shall be immune from suit during his tenure.

ARTICLE VIII
The National Assembly
 
    Section 1. The Legislative power shall be vested in a National Assembly.
    Section 2. The National Assembly shall be composed of as many Members as
may be provided by law to be appointed among the provinces, representative
districts, and cities in accordance with the number of their respective
inhabitants and on the basis of a uniform and progressive ratio. Each district
shall comprise, as far as practicable, contiguous, compact, and adjacent
territory.
    Section 3. (1) The Members of the National Assembly shall be elected by the
qualified electors in their respective districts for a term of six years which shall
begin.

    (2) In case the National Assembly is dissolved, the newly elected
Members shall serve the unexpired portion of the term from the time the
Prime Minister convenes the Assembly, which shall not be later than
thirty days .

    Section 4. No person shall be a Member of the National Assembly unless he is

a natural-born citizen of the Philippines and, on the day of the election, is at
least twenty-five years of age, able to read and write, a registered voter in the
district in which he shall be elected, and a resident thereon for a period of not
less than one year.
    Section 5. (1) Unless otherwise provided by law, the regular election of
Members of the National Assembly shall be held on the second Monday of May
every six years thereafter.

    (2) In case a vacancy arises in the National Assembly one year or more
before a regular election, the Commission on Elections shall call a special
election to be held within sixty days after the vacancy occurs.
    Section 6. The National Assembly shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by law,
and shall continue to be in session until thirty days before the opening of its
next regular session, exclusive of Saturdays, Sundays, and legal holidays.   
Section 7. (1) The National Assembly, shall, by a majority vote of all its
Members, elect its Speaker from the Members thereof.

    The election of the President and the Prime Minister shall precede all
other business following the election of the Speaker.

    (2) A majority of the National Assembly shall constitute a quorum to do

business, but a smaller number may adjourn from day to day and may
compel the attendance of absent Members in such manner.

    (3) The National Assembly may determine the rules of its proceedings,
punish its Members for disorderly behaviour, and with concurrence of
two-thirds of all its Members, suspend or expel a Member, but if the
penalty is suspension, this shall not exceed sixty days.

    (4) The National Assembly shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as may, in its
judgment, affect national security; and the yeas and nays on any question
shall.

    Section 8. Unless otherwise provided by law, each Member of the National
Assembly shall receive an annual salary of sixty thousand pesos. The Speaker of
the National Assembly shall receive an annual salary of seventy-five thousand
pesos.
    Section 9. A Member of the National Assembly shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest
during his attendance at its sessions, and in going to and returning from the
same; but the National Assembly shall surrender the Member involved to the
custody of the law within twenty-four hours after its adjournment for a recess
or its next session, otherwise such privilege shall cease upon its failure to do so.
    Section 10. A Member of the National Assembly shall not hold any other office
or employment in the government, or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled
corporations during his tenure except that of Prime Minister or Member of the
Cabinet.
    Section 11. No Member of the National Assembly shall appear as counsel
before any court inferior to a court with appellate jurisdiction, before any court
in any civil case wherein the government, or any subdivision, agency, or
instrumentality thereof is the adverse party, or before any administrative body.
    Section 12. There shall be a question hour at least once a month or as often as
the rules of the National Assembly may provide, which shall be included in its
agenda, during which the Prime Minister or any Minister may be required to
appear and answer questions and interpellations by Members of the National
Assembly.
    Section 13. The National Assembly may withdraw its confidence from the
Prime Minister only by electing a successor by a majority vote of all its
Members. No motion for the election of such successor shall be debated and
voted upon until after the lapse of three days from the submittal of such
motion.

    Sec. 14. Except as otherwise provided in this Constitution, no treaty shall be
valid and effective unless concurred in by a majority of all the Members of the
National Assembly.
    Section 15. In times of war or other national emergency, the National
Assembly may by law authorize the Prime Minister, for a limited period and
subject to such restrictions as it may prescribe, to exercise powers necessary
and proper to carry out a declared national policy.
    Section 16. (1) The Prime Minister shall submit to the National Assembly
within thirty days from the opening of each regular session, as the basis of the
general appropriations bill, a budget of receipts based on existing and proposed
revenue measures, and of expenditures.

    (2) No provision or enactment shall be embraced in the general

appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited
in its operation to the appropriation to which it relates.

    (3) The procedure in approving appropriations for the National

Assembly shall strictly follow the procedure for approving
appropriations for other departments and agencies.

    (4) A special appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified
to by the National Treasurer, or to be raised by a corresponding revenue
proposal included therein.

    (5) No law shall be passed authorizing any transfer of appropriations;

however, the Prime Minister, the Speaker, the Chief Justice of the
Supreme Court, and the heads of Constitutional Commissions may by law
be authorized to augment any item in the general appropriations law for
their respective offices from saving in other items of their respective
appropriations.

    Section 17. (1) The rule of taxation shall be uniform and equitable. The
National Assembly shall evolve a progressive system of taxation.

    (2) The National Assembly may by law authorize the Prime Minister to
fix within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts.

    (3) Charitable institutions, churches, personages or convents

appurtenant thereto, mosques and non-profit cemeteries, and all lands,
buildings and improvements actually, directly, and exclusively used for
religious or charitable purposes shall be exempt from taxation.

    Section 18. (1) No money shall be paid out of the Treasury except in pursuance
of an appropriation made by law.

    (2) No public money or property shall ever be appropriated, applied,

paid, or used, directly or indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian institution, or system of religion or
for the use, benefit, or support of any priest, preacher, minister, or other
religious teacher or dignitary as such, except when such priest, preacher,
minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.

    Section 19. (1) Every bill shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have
been distributed to the Members three days before its passage, except when the
Prime Minister certifies to the necessity of its immediate enactment to meet a
public calamity or emergency.

    (2) No bill except those of local application shall be calendared without
the prior recommendation of the Cabinet.

    Section 20. (1) Every bill passed by the national Assembly shall, before it
becomes a law, be presented to the Prime Minister. If he approves the same he
shall sign it; otherwise, he shall veto it and return the same with his objections
to the National Assembly.

    (2) The Prime Minister shall have the power to veto any particular item
or items in appropriation, revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not object.
 

ARTICLE IX
The Prime Minister and the Cabinet
 
    Section 1. The Executive power shall be exercised by the Prime Minister with
the assistance of the Cabinet. The Cabinet, headed by the Prime Minister, shall
consist of the heads of ministries as provided by law. The Prime Minister shall
be the head of the government.
    Section 2. The Prime Minister and the cabinet shall be responsible to the
National Assembly for the program of government and shall determine the
guidelines of national policy.
    Section 3. The Prime Minister shall be elected by a majority of all the
Members of the National Assembly from among themselves.
    Section 4. The Prime Minister shall appoint the members of the Cabinet who
shall be the heads of ministries at least a majority of whom shall come from the
National Assembly. Members of the Cabinet may be removed at the discretion
of the Prime Minister.
    Section 5. (1) The Prime Minister shall appoint the Deputy Prime Minister
from among the Members of the National Assembly. The Deputy Prime Minister
shall head a ministry and shall perform such other functions as may be
assigned to him by the Prime Minister.

    (2) The Prime Minister shall also appoint the Deputy Ministers who
shall perform such functions as may be assigned to them by law or by the
respective heads of ministries.

    Section 6. The Prime Ministers and the Members of the Cabinet, on assuming
office, shall take the following oath or affirmation :

"I do solemnly swear (or affirm) that I will faithfully and conscientiously
fulfill my duties as (name of position) of the Philippines, preserve and defend
its Constitution, execute its laws, do justice to every man and consecrate
myself to the service of the Nation. So help me God."
(In case of affirmation, the last sentence will be omitted)
 
    Section 7. The salaries and emoluments of the Prime Minister and the
Members of the Cabinet shall be fixed by law which shall not be increased or
decreased during their tenure of office. Until otherwise provided by law, the
Prime Minister shall receive the same salary as that of the President.
    Section 8. The Prime Minister and the Members of the cabinet shall be subject
to the provisions of sections ten and eleven of Article Eight hereof and may not
appear as counsel before any court or administrative body, or participate in the
management of any business, or practice any profession.
    Section 9. The Prime Minister or any Member of the Cabinet may resign for
any cause without vacating his seat in the National Assembly.
    Section 10. The Prime Minister shall, at the beginning of each regular session
of the National Assembly, and from time to time thereafter, present the
program of government and recommend for the consideration of the National
Assembly such measures as he may deem necessary and proper.
    Section 11. The Prime Minister shall have control of all ministries.
    Section 12. The Prime Minister shall be commander-in-chief of all armed
forces of the Philippines, and whenever it becomes necessary, he may call out
such armed forces to prevent or suppress lawless violence, invasion,
insurrection, or rebellion
    Section 13. The Prime Minister shall appoint the heads of bureaus and offices,
the officers of the armed forces of the Philippines from the rank of brigadier
general or commodore, and all other officers of the Government whose
appointments are not herein otherwise provided for.
    Section 14. The Prime Minister may, except in cases of impeachment grant
reprieves, commutations, and pardons, remit fines and forfeitures after final
conviction, and with the concurrence of the National Assembly, grant amnesty.
    Section 15. The Prime Minister may contract and guarantee foreign and
domestic loans on behalf of the Republic of the Philippines, subject to such
limitations as may be provided by law.
    Section 16. All powers vested in the President of the Philippines under
nineteen hundred and thirty-five Constitution and the laws of the land which
are not herein provided for or conferred upon any official shall be deemed, and
are hereby, vested in the Prime Minister, unless the National Assembly
provides otherwise.

ARTICLE X
The Judiciary
 
    Section 1. The Judicial power shall be vested in one Supreme Court and in
such inferior courts as may be established by law. The Batasang Pambansa shall
have the power to define, prescribe and apportion the jurisdiction of the
various courts, but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section five thereof.
    Section 2. (1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in two divisions.

    (2) All cases involving the constitutionality of a treaty, executive

agreement, or law shall be heard and decided by the Supreme Court en

banc, and no treaty, executive agreement, or law may be declared

unconstitutional without the concurrence of at least ten Members   

    Section 3. (1) No person shall be appointed Member of the Supreme Court
unless he is a natural born citizen of the Philippines, at least forty years of age,
and has for ten years or more been a judge of a court of record or engaged in
the practice of law in the Philippines.
    (2) The Batasang Pambansa shall prescribe the qualifications of judges of
inferior courts, but no person may be appointed judge thereof unless he is a
natural-born citizen of the Philippines and a member of the Philippine Bar.
Section 4. The Members of the Supreme Court and judges of inferior courts
shall be appointed by the President.

    Section 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors,
other public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.

(2) Review and revise, reverse, modify, or affirm on appeal or

certiorari, as the law or the rules of court may provide, final
judgments and decrees of inferior courts in:
 

(a) All cases in which the constitutionality or validity of any

treaty, executive agreement, law, ordinance, or executive
order or regulation is in question.
 (b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.

 
(3) Assign temporarily judges of inferior courts to other stations as
public interest may require.

(4) Order a change of venue or place of trial to avoid a miscarriage

of justice.

(5) Promulgate rules concerning pleading, practice, and procedure

in all courts, the admission to the practice of law, and the
integration of the bar, which, however, may be repealed, altered or
supplemented by the Batasang Pambansa.

(6) Appoint its officials and employees in accordance with the Civil
Service Law.

    Section 6. The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
    Section 7. The Members of the Supreme Court and judges of inferior courts
shall hold office during good behavior until they reach the age of seventy years
or become incapacitated to discharge the duties of their office.
    Section 8. The conclusions of the Supreme Court in any case submitted to it
for decision en banc or in division shall be reached in consultation before the
case is assigned to a Member for the writing of opinion of the Court.
    Section 9. Every decision of a court of record shall clearly and distinctly state
the facts and the law on which it is based. The Rules of Court shall govern the
promulgation of minute resolutions.
    Section 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of inferior courts shall be fixed by law, which
shall not be decreased during their continuance in office.
    Section 11. Upon the effectivity of this Constitution, the maximum period
within which a case or matter shall be decided or resolved from the date of its
submission, shall be eighteen months for the Supreme Court, unless reduced by
the Supreme Court, twelve months for all inferior collegiate courts, and three
months for all other inferior courts.
    Section 12. The Supreme Court shall, within thirty days from the opening of
each regular session of the Batasang Pambansa, submit to the President, the
Prime Minister, and the Batasang Pambansa an annual report on the
operations and activities of the Judiciary.

ARTICLE XI
Local Government
 
    Section 1. The territorial and political subdivisions of the Philippines are the
provinces, cities, municipalities, and barrios.
    Section 2. The Batasang Pambansa shall enact a local government code which
may not be thereafter amended except by a majority vote of all its Members,
defining a more responsive and accountable local government structure with an
effective system of recall, allocating among the different local government units
their powers, responsibilities, and resources, and providing for the
qualifications, election and removal, term, salaries, powers, functions, and
duties of local officials, and all other matters relating to the organization and
operation of the local units
    Section 3. No province, city, municipality, or barrio may be created, divided,
merged, abolished, or its boundary substantially altered except in accordance
with the criteria established in the local government code, and subject to the
approval by a majority of the votes cast in a plebiscite in the unit or units
affected.
    Section 4. Provinces with respect to component cities and municipalities with
respect to component barrios, shall ensure that the acts of their component
units are within the scope of their assigned powers and functions. Highly
urbanized cities, as determined by standards established in the local
government code shall be independent of the province.
    Section 5. Each local government unit shall have the power to create its own
sources of revenue and to levy taxes, subject to limitations as may be provided
by law.

ARTICLE XII
The Constitutional Commissions
 
A. Common Provisions
 
    Section 1. The Constitutional Commissions shall be the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
    Section 2. Unless otherwise provided by law, the Chairman and each
Commissioner of a Constitutional Commission shall receive an annual salary of
sixty thousand pesos, and fifty thousand pesos, respectively, which shall not be
decreased during their continuance in office.
    Section 3. No Member of the Constitutional Commission shall, during his
tenure in office, engage in the practice of any profession or in the management
of any business, or be financially interested directly or indirectly in any
contract with, or in any franchise or privilege granted by, the government.   
Section 4. The Constitutional Commissions shall appoint their officials and
employees in accordance with the Civil Service Law.

B. The Civil Service Commission

 
    Section 1. The Civil Service embraces every branch, agency, subdivision, and
instrumentality of the government, including every government- owned or
controlled corporation. It shall be administered by an independent Civil Service
Commission composed of a Chairman and two Commissioners who shall be
natural-born citizens of the Philippines, and at the time of their appointment,
are at least thirty-five years of age and holders of a college degree, and must not
have been candidates for any elective position in the election immediately
preceding their appointment. The Chairman and the Commissioners shall be
appointed by the Prime Minister for a term of seven years without
reappointment. Of the Commissioners first appointed, one shall hold office for
seven years, another for five years, and the third for three years.
    Section 2. Appointments in the Civil Service, except as to those which are
policy-determining, primarily confidential, or highly technical in nature, shall
be made only according to merit and fitness, to be determined as far as
practicable by competitive examination.
    Section 3. No officer or employee in the Civil Service shall be suspended or
dismissed except for cause provided by law.
    Section 4. (1) No elective official shall be eligible for appointment to any office
or position during his term of office.

    (2) No candidate who lost an election shall be eligible for appointment
or reappointment to any office in the government, or in any government-
owned or controlled corporation, within one year following such
election.
    Section 5. No officer or employee in the Civil Service, including members of
the armed forces, shall engage directly or indirectly in any partisan political
activity or take part in any election, except to vote.
    Section 6. The National Assembly shall provide for the standardization of
compensation of government officials and employees, including those in
government-owned and controlled corporations, taking into account the nature
of the responsibilities pertaining to, and the qualifications required for, the
positions concerned.

C. The Commission on Elections

 
    Section 1. (1) There shall be an independent Commission on Elections
composed of a Chairman and eight Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least thirty-
five years of age and holders of college degree.

    (2) The Chairman and the Commissioners shall be appointed by the
Prime Minister for a term of seven years without reappointment.

    Section 2. The Commission on Elections shall have the following powers and
functions:

(1) Enforce and administer all laws relative to the conduct of

elections.

(2) Be the sole judge of all contests relating to the elections,

returns, and qualifications of all Members of the National
Assembly and elective provincial and city officials, provincial and
city officials.

(3) Decide, save those involving the right to vote, administrative

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

(4) Deputize, with the consent or at the instance of the Prime

Minister, law enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines, for
the purpose of ensuring free, orderly, and honest elections.

(5) Register and accredit political parties subject to the provisions

of Section Eight hereof.

(6) Recommend to the National Assembly effective measures to

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

(7) Submit to the President, Prime Minister, and the National

Assembly a report on the conduct and manner of each election.

(8) Perform such other functions as may be provided by law.

 
    Section 3. The Commission on Elections may sit en banc or in three divisions.
All election cases may be heard and decided by divisions, except contests
involving Members of the National Assembly, which shall be heard and decided
en banc.
    Section 4. The Commission may recommend to the Prime Minister the
removal of, or any other disciplinary action against, any officer or employee it
has deputized, for violation or disregard of, or disobedience to its decision,
order, or directive.
    Section 5. The enjoyment or utilization of all franchises or permits for the
operation of transportation and other public utilities, media of communication,
all grants, special privileges, or concessions granted by the government, or any
subdivision, agency or instrumentality thereof, including any government-
owned or controlled corporation, may be supervised or regulated by the
Commission.
    Section 6. Unless otherwise fixed by the Commission in special cases, the
election period shall commence ninety days before the day of election and shall
end thirty days thereafter.
    Section 7. No pardon, parole, or suspension of sentence for violation of the
law or rules and regulations concerning elections be granted without the
recommendation of the Commission.
    Section 8. A political party shall be entitled to accreditation by the
Commission if, in the immediately preceding election, such party has obtained
at least the third highest number of votes cast in the constituency to which it
seeks accreditation.
    Section 9. (1) Bona fide candidates for any public office shall be free from any
form of harassment and discrimination.

    (2) No party or candidate shall have membership in the registration

board, board of election inspectors, board of canvassers, or other similar
bodies.

    Section 10. No elective public officer may change his political party affiliation
during his term of office and no candidate for any elective public office may
change his political party affiliation within six months immediately preceding
or following an election.
    Section 11. Any decision, order, or ruling of the Commission may be brought
to the Supreme Court on certiorari by the aggrieved party within thirty days
from his receipt of a copy thereof.

D. Commission on Audit
 
    Section 1. (1) There shall be an independent Commission on Audit composed
of a Chairman and two Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least forty years of age and
certified public accountants or members of the Philippine Bar for at least ten
years.

    (2) The Chairman and the Commissioners shall be appointed by the
Prime Minister for a term of seven years without reappointment. Of the
Commissioners first appointed, one shall hold office for seven years,
another for five years, and the third for three years.

    Section 2. The Commission on Audit shall have the following powers and
functions:

(1) Examine, audit, and settle, in accordance with law and

regulations, all accounts pertaining to the revenues and receipts
of, and expenditures or uses of funds and property, owned or held
in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including
government-owned and controlled corporations.
 (2) Decide any case brought before it within sixty days from the
date of its submission for resolution.

(3) Submit to the President, the Prime Minister, and the National
Assembly, within the time fixed by law, an annual financial report
of the government, its subdivisions, agencies, and
instrumentalities, including government-owned and controlled
corporations, and recommend measures necessary to improve
their efficiency and effectiveness.

ARTICLE XIII
Accountability of Public Officers
 
    Section 1. Public office is a public trust. Public officers and employees shall
serve with the highest degree of responsibility, integrity, loyalty, and efficiency,
and shall remain accountable to the people.
    Section 2. The President, the Justices of the Supreme Court, and the Members
of the Constitutional Commissions shall be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, other high crimes, or graft and corruption.
    Section 3. The National Assembly shall have the exclusive power to initiate,
try, decide all cases of impeachment. Upon the filing of a verified complaint, the
National Assembly may initiate impeachment by a vote of at least one-fifth of all
its Members. No official shall be convicted without the concurrence of at least
two-thirds of all the members thereof. When the National Assembly sits in
impeachment cases, its Members shall be on oath or affirmation.
    Section 4. Judgment in cases of impeachment shall be limited to removal
from office and disqualification to hold any office of honor, trust, or profit
under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment, in
accordance with law.
    Section 5. The National Assembly shall create a special court, to be known as
Sandiganbayan, which shall have jurisdiction over criminal and civil cases
involving graft and corrupt practices and such other offenses committed by
public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law.
    Section 6. The National Assembly shall create an office of the Ombudsman, to
be known as Tanodbayan, which shall receive and investigate complaints
relative to public office, including those in government-owned or controlled
corporations, make appropriate recommendations, and in case of failure of
justice as defined by law.

ARTICLE XIV
The National Economy and the Patrimony of the Nation
 
    Section 1. The National Assembly shall establish a National Economic and
Development Authority, to be headed by the Prime Minister, which shall
recommend to the National Assembly, after consultation with the private
sector, local government units, and other appropriate public agencies,
continuing, coordinated, and fully integrated social and economic plans and
programs.
    Section 2. The State shall regulate or prohibit private monopolies when the
public interest so requires. No combinations in restraint of trade or unfair
competition shall be allowed.
    Section 3. The National Assembly shall, upon recommendation of the
National Economic and Development Authority, reserve to citizens of the
Philippines or to corporations or associations wholly owned by such citizens,
certain traditional areas of investments when the national interest so dictates.
    Section 4. The National Assembly shall not, except by general law, provide for
the formation, organization, or regulation of private corporations, unless such
corporations are owned or controlled by the government or any subdivision or
instrumentality thereof.
    Section 5. No franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to citizens of the Philippines
at least sixty per centum of the capital of which is owned by such citizens, nor
shall such franchise, certificate, or authorization be exclusive in character or
for a longer period then fifty years.
    Section 6. The State may, in the interest of the national welfare or defense,
establish and operate industries and means of transportation and
communication, and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be operated by the
government.
    Section 7. In times of national emergency when the public interest so
requires, the State may temporarily take over or direct the operation of any
privately owned public utility or business affected with public interest.
    Section 8. All lands of public domain, waters, minerals, coal, petroleum and
other mineral oils, all forces of potential energy, fisheries, wildlife, and other
natural resources of the Philippines belong to the State. With the exception of
agricultural, industrial or commercial, residential, or resettlement lands of the
public domain, natural resources shall not be alienated, and no license,
concession, or lease for the exploration, or utilization of any of the natural
resources shall be granted for a period exceeding twenty-five years.

Section 9. The disposition, exploration, development, exploitation, or

utilization of any of the natural resources of the Philippines shall be limited to
citizens of the Philippines, or to corporations or associations at least sixty per
centum of the capital which is owned by such citizens. The National Assembly,
in the national interest, may allow such citizens, corporations or associations to
enter into service contracts for financial, technical, management, or other
forms of assistance with any foreign person or entity for the exploration, or
utilization of any of the natural resources. Existing valid and binding service
contracts for financial, technical, management, or other forms of assistance are
hereby recognized as such.
    Section 10. Lands of the public domain are classified into agricultural,
industrial, or commercial, residential, resettlement, mineral, timber or forest,
and grazing lands, and such other classes as may be provided by law.
    Section 11. The National Assembly taking into account conservation,
ecological, and developmental requirements of the natural resources shall
determine by law the size of lands of the public domain which may be
developed, held or acquired by, or leased to, any qualified individual,
corporation or association, and the conditions therefor. No private corporation
or association may hold alienable lands of the public domain except by lease not
to exceed one thousand hectares in area; nor may any citizen hold such lands by
lease in excess of five hundred hectares or acquire by purchase or homestead in
excess of twenty-four hectares. No private corporation or association may hold
by lease, concession, license, or permit timber or forest lands and other timber
or forest resources in excess of one hundred thousand hectares; however, such
area may be increased by the National Assembly upon recommendation of the
National Economic and Development Authority.
    Section 12. The State shall formulate and implement an agrarian reform
program aimed at emancipating the tenant from the bondage of the soil and
achieving the goals enunciated in this Constitution.
    Section 13. The National Assembly may authorize, upon payment of just
compensation, the expropriation of public lands to be subdivided into small lots
and conveyed at cost to deserving citizens.
    Section 14. Save in cases of hereditary succession, no private land shall be
transferred or conveyed except to individuals, corporations, or associations
qualified to acquire or hold lands of the public domain.
    Section 15. Any provision of paragraph one, Section 14, Article VIII and of this
Article notwithstanding, the Prime Minister may enter into international
treaties or agreement as the national welfare and interest may require.

ARTICLE XV
General Provisions
 
    Section 1. The flag of the Philippines shall be red, white, and blue, with a sun
and three stars, as consecrated and honored by the people and recognized by
law.
    Section 2. The Interim National Assembly may by law adopt a new name for
the country, a national anthem, and a national seal, which shall all be truly
reflective and symbolic of ideas, history, and traditions of the people.
Thereafter the national name, anthem, and seal so adopted shall not be subject
to change except by constitutional amendment.
    Section 3. (1) This Constitution shall be officially promulgated in English and
in Pilipino, and translated into each dialect spoken by over fifty thousand
people, and into Spanish and Arabic. In case of conflict, the English text shall
prevail.

    (2) The National Assembly shall take steps towards the development
and formal adoption of a common national language to be known as
Filipino.

    (3) Until otherwise provided by law, English and Pilipino shall be the
official languages.

    Section 4. All public officers and employees and members of the armed forces
shall take an oath to support and defend the Constitution.
    Section 5. No elective or appointive public officer or employee shall receive
additional or double compensation unless specifically authorized by law, nor
accept, without the consent of the National Assembly, any present, emolument,
office or title of any kind from any foreign state.
    Section 6. No salary or any form of emolument of any public officer or
employee, including constitutional officers, shall be exempt from payment of
income tax.
    Section 7. (1) The ownership and management of mass media shall be limited
to citizens of the Philippines or corporations or associations wholly owned and
managed by such citizens.

    (2) The governing body of every entity engaged in commercial

telecommunications shall i all cases be controlled by citizens of the
Philippines.

    Section 8. (1) All educational institutions shall be under the supervision of
and subject to regulation by the State. The State shall establish and maintain a
complete, adequate, and integrated system of education relevant to goals of
national development.

    (2) All institutions of higher learning shall enjoy academic freedom.

    (3) The study of the Constitution shall be part of the curricula in all
schools.

    (4) All educational institutions shall aim to inculcate love of country,
teach the duties of citizenship, and develop moral character, personal
discipline, and scientific, technological, and vocational efficiency.
     (5) The State shall maintain a system of free public elementary
education and, in areas where finances permit, establish and maintain a
system of free public education at least up to the secondary level.

    (6) The State shall provide citizenship and vocational training to adult
citizens and out-of-school youth, and create and maintain scholarships
for poor and deserving students.

    (7) Educational institutions, other than those established by religious

orders, mission boards, and charitable organizations, shall be owned
solely by citizens of the Philippines, or corporations or associations sixty
per centum of the capita;l of which is owned by such citizens. The control
and administration of educational institutions shall be vested in citizens
of the Philippines. No education institution shall be established
exclusively for aliens, and no group of aliens shall comprise more than
one-third of the enrollment of any school. The provisions of this
subsection shall not apply to schools established for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law,
for other foreign temporary resident.

    (8) At the option expressed in writing by the parents or guardians, and
without cost to them and the government, religion shall be taught to their
children or wards in public elementary and high schools as may be
provided by law.

    Section 9. (1) The State shall promote scientific research and invention. The
advancement of science and technology shall have priority in the national
development.

    (2) Filipino culture shall be preserved and developed for national
identity. Arts and letters shall be under the patronage of the State.

   (3) The exclusive right to inventions, writings, and artistic creations

shall be secured to investors, authors and artists for a limited period.
Scholarships, grants-in-aid, or other forms of incentives shall be
provided for specially gifted children.

    Section 10. It shall be the responsibility of the State to achieve and maintain
population levels most conducive to the national welfare.
    Section 11. The State shall consider the customs, traditions, beliefs, and
interests of national cultural communities in the formulation and
implementation of State policies.
    Section 12. The State shall establish and maintain an integrated national
police force whose organization, administration, and operation, shall be
provided by law.
    Section 13. (1) The armed forces of the Philippines shall include a citizen army
composed of all able-bodied citizens of the Philippines who shall undergo
military training as may be provided by law. It shall keep a regular force
necessary for the security of the State.

    (2) The citizen army shall have a corps of trained officers and men in
active duty status as may be necessary to train, service, and keep it in
reasonable preparedness at all times.

    Section 14. The National Assembly shall establish a central monetary
authority which shall provide policy direction in the areas of money, banking,
and credit to achieve national economic objectives. It shall have supervisory
authority over the operation of banks and exercise such regulatory authority as
may be provided by law over the operations of finance companies and other
institutions performing similar functions. Until the National Assembly shall
otherwise provide, the Central Bank of the Philippines, operating under
existing laws, shall function as the central monetary authority.
    Section 15. The separation of the church and the State shall be inviolable.
    Section 16. The State may not be sued without its consent.

ARTICLE XVI
Amendments
 
    Section 1. (1) Any amendment to, or revision of, this Constitution may be
proposed by the National Assembly upon a vote of three-fourths of all its
Members, or by a constitutional convention.

    (2) The National Assembly may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a majority vote of all its
Members, submit the question of calling such a convention to the
electorate in an election.

    Section 2. Any amendment to or revision of this Constitution shall be valid

when ratified by a majority of the votes cast in the plebiscite which shall be held
not later than three months after the approval of such amendment or revision.

ARTICLE XVII
Transitory Provisions
 
    Section 1. There shall be an Interim National Assembly which shall exist
immediately upon the ratification of this Constitution and shall continue until
the Members of the regular National Assembly shall have been elected and shall
have assumed office following an election called for the purpose by the Interim
National Assembly.
    Section 2. The Members of the Interim National Assembly shall be the
incumbent President and Vice-President of the Philippines, those who served as
President of the nineteen hundred and seventy-one Constitutional Convention,
those Members of the Senate and the House of Representatives who shall
express in writing to the Commission on Elections within thirty days after the
ratification of this Constitution their option to serve therein, and those
Delegates to the nineteen hundred and seventy-one Constitutional Convention
who have opted to serve therein by voting affirmatively for this Article.   
Section 3. The incumbent President of the Philippines shall initially convene
the Interim National Assembly and shall preside over its sessions until the
interim Speaker shall have been elected. He shall continue to exercise his
powers and prerogatives under the nineteen hundred and thirty-five
Constitution and the powers vested in the President and the Prime Minister
under this Constitution until he calls upon the Interim National Assembly to
elect the interim President and interim Prime Minister
    Section 4. The interim Prime Minister and his Cabinet shall exercise all the
powers and functions, and discharge the responsibilities of the regular Prime
Minister and his Cabinet, and shall be subject to the same disqualifications
provided in this Constitution.
    Section 5. The Interim National Assembly shall give priority to measures for
the orderly transition from the Presidential to the Parliamentary system, the
reorganization of the government, the eradication of graft and corruption,
programs for the effective maintenance of peace and order, the implementation
of declared agrarian reforms.
    Section 6. The Interim National Assembly shall reapportion the Assembly
seats in accordance with Article Eight, Section two, of this Constitution.
    Section 7. All existing laws not inconsistent with this Constitution shall
remain operative until amended, modified, or repealed by the National
Assembly.
    Section 8. All courts existing at the time of the ratification of this Constitution
shall continue and exercise their jurisdiction, until otherwise provided by law
in accordance with this Constitution, and all cases pending in said courts shall
be held, tried, and determined under the laws then in force.
    Section 9. All officials and employees in the existing government of the
Republic of the Philippines shall continue in office until otherwise provided by
law or decreed by the incumbent President of the Philippines, but all officials
whose appointments are by this Constitution vested in the Prime Minister shall
vacate their respective offices upon the appointment and qualification of their
successors.
    Section 10. The incumbent Members of the Judiciary may continue in office
until they reach the age of seventy years, unless sooner replaced in accordance
with the preceding section hereof.
    Section 11. The rights and privileges granted to citizens of the United States or
to corporations or associations owned or controlled by such citizens under the
ordinance appended to the nineteen hundred and thirty-five Constitution shall
automatically terminate on the third day of July, nineteen hundred and
seventy-four. Titles to private lands acquired by such persons before such date
shall be valid as against other private persons only.
    Section 12. All treaties, executive agreements, and contracts entered into by
the government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations are hereby recognized
as legal, valid and binding.
    Section 13. Any public officer or employee separated from the service as a
result of the reorganization effected under this Constitution shall, if entitled
under the laws then in force, receive the retirement and other benefits accruing
there under.
    Section 14. All records, equipment, buildings, facilities, and other properties
of any office or body abolished or reorganized under this Constitution shall be
transferred to the office or body to which its powers, functions, and
responsibilities substantially pertain.
    Section 15. The Interim National Assembly, upon special call by the interim
Prime Minister may, by a majority vote of all its Members propose amendments
to this Constitution. Such amendment shall take effect when ratified in
accordance with Article Sixteen hereof.
    Section 16. This Constitution shall take effect immediately upon its
ratification by a majority of the votes cast in a plebiscite called for the purpose
and, except as herein provided, shall supersede the Constitution of nineteen
hundred and thirty-five and all amendments thereto.

[The 1973 Constitution was ratified on January 17, 1973 in accordance with
Presidential Proclamation No. 1102 issued by President Ferdinand E. Marcos].