GENERAL INFORMATION SECTION 2.
The Philippines renounces war
as an instrument of national policy, adopts
Philippine Constitution (The 1987 the generally accepted principles of
Constitution) international law as part of the law of the
land and adheres to the policy of peace,
THE CONSTITUTION OF THE REPUBLIC equality, justice, freedom, cooperation, and
OF THE PHILIPPINES amity with all nations.
SECTION 3. Civilian authority is, at all
PREAMBLE times, supreme over the military. The Armed
We, the sovereign Filipino people, imploring Forces of the Philippines is the protector of
the aid of Almighty God, in order to build a the people and the State. Its goal is to
just and humane society and establish a secure the sovereignty of the State and the
Government that shall embody our ideals integrity of the national territory.
and aspirations, promote the common good, SECTION 4. The prime duty of the
conserve and develop our patrimony, and Government is to serve and protect the
secure to ourselves and our posterity the people. The Government may call upon the
blessings of independence and democracy people to defend the State and, in the
under the rule of law and a regime of truth, fulfillment thereof, all citizens may be
justice, freedom, love, equality, and peace, required, under conditions provided by law,
do ordain and promulgate this Constitution. to render personal military or civil service.
SECTION 5. The maintenance of peace and
ARTICLE I - National Territory order, the protection of life, liberty, and
The national territory comprises the property, and the promotion of the general
Philippine archipelago, with all the islands welfare are essential for the enjoyment by
and waters embraced therein, and all other all the people of the blessings of
territories over which the Philippines has democracy.
sovereignty or jurisdiction, consisting of its SECTION 6. The separation of Church and
terrestrial, fluvial, and aerial domains, State shall be inviolable.
including its territorial sea, the seabed, the
subsoil, the insular shelves, and other State Policies
submarine areas. The waters around, SECTION 7. The State shall pursue an
between, and connecting the islands of the independent foreign policy. In its relations
archipelago, regardless of their breadth and with other states the paramount
dimensions, form part of the internal waters consideration shall be national sovereignty,
of the Philippines. territorial integrity, national interest, and the
right to self-determination.
ARTICLE II - Declaration of Principles and SECTION 8. The Philippines, consistent
State Policies with the national interest, adopts and
Principles pursues a policy of freedom from nuclear
SECTION 1. The Philippines is a weapons in its territory.
democratic and republican State. SECTION 9. The State shall promote a just
Sovereignty resides in the people and all and dynamic social order that will ensure
government authority emanates from them. the prosperity and independence of the
nation and free the people from poverty
through policies that provide adequate promote total human liberation and
social services, promote full employment, a development.
rising standard of living, and an improved SECTION 18. The State affirms labor as a
quality of life for all. primary social economic force. It shall
SECTION 10. The State shall promote protect the rights of workers and promote
social justice in all phases of national their welfare.
development. SECTION 19. The State shall develop a
SECTION 11. The State values the dignity self-reliant and independent national
of every human person and guarantees full economy effectively controlled by Filipinos.
respect for human rights. SECTION 20. The State recognizes the
SECTION 12. The State recognizes the indispensable role of the private sector,
sanctity of family life and shall protect and encourages private enterprise, and provides
strengthen the family as a basic incentives to needed investments.
autonomous social institution. It shall SECTION 21. The State shall promote
equally protect the life of the mother and the comprehensive rural development and
life of the unborn from conception. The agrarian reform.
natural and primary right and duty of SECTION 22. The State recognizes and
parents in the rearing of the youth for civic promotes the rights of indigenous cultural
efficiency and the development of moral communities within the framework of
character shall receive the support of the national unity and development.
Government. SECTION 23. The State shall encourage
SECTION 13. The State recognizes the vital non-governmental, community-based, or
role of the youth in nation-building and shall sectoral organizations that promote the
promote and protect their physical, moral, welfare of the nation.
spiritual, intellectual, and social well-being. SECTION 24. The State recognizes the vital
It shall inculcate in the youth patriotism and role of communication and information in
nationalism, and encourage their nation-building.
involvement in public and civic affairs. SECTION 25. The State shall ensure the
SECTION 14. The State recognizes the role autonomy of local governments.
of women in nation-building, and shall SECTION 26. The State shall guarantee
ensure the fundamental equality before the equal access to opportunities for public
law of women and men. service, and prohibit political dynasties as
SECTION 15. The State shall protect and may be defined by law.
promote the right to health of the people SECTION 27. The State shall maintain
and instill health consciousness among honesty and integrity in the public service
them. and take positive and effective measures
SECTION 16. The State shall protect and against graft and corruption.
advance the right of the people to a SECTION 28. Subject to reasonable
balanced and healthful ecology in accord conditions prescribed by law, the State
with the rhythm and harmony of nature. adopts and implements a policy of full public
SECTION 17. The State shall give priority to disclosure of all its transactions involving
education, science and technology, arts, public interest.
culture, and sports to foster patriotism and
nationalism, accelerate social progress, and
ARTICLE III - Bill of Rights SECTION 6. The liberty of abode and of
SECTION 1. No person shall be deprived of changing the same within the limits
life, liberty, or property without due process prescribed by law shall not be impaired
of law, nor shall any person be denied the except upon lawful order of the court.
equal protection of the laws. Neither shall the right to travel be impaired
SECTION 2. The right of the people to be except in the interest of national security,
secure in their persons, houses, papers, public safety, or public health, as may be
and effects against unreasonable searches provided by law.
and seizures of whatever nature and for any SECTION 7. The right of the people to
purpose shall be inviolable, and no search information on matters of public concern
warrant or warrant of arrest shall issue shall be recognized. Access to official
except upon probable cause to be records, and to documents, and papers
determined personally by the judge after pertaining to official acts, transactions, or
examination under oath or affirmation of the decisions, as well as to government
complainant and the witnesses he may research data used as basis for policy
produce, and particularly describing the development, shall be afforded the citizen,
place to be searched and the persons or subject to such limitations as may be
things to be seized. provided by law.
SECTION 3. SECTION 8. The right of the people,
(1) The privacy of communication and including those employed in the public and
correspondence shall be inviolable except private sectors, to form unions,
upon lawful order of the court, or when associations, or societies for purposes not
public safety or order requires otherwise as contrary to law shall not be abridged.
prescribed by law. SECTION 9. Private property shall not be
(2) Any evidence obtained in violation of this taken for public use without just
or the preceding section shall be compensation.
inadmissible for any purpose in any SECTION 10. No law impairing the
proceeding. obligation of contracts shall be passed.
SECTION 4. No law shall be passed SECTION 11. Free access to the courts and
abridging the freedom of speech, of quasi-judicial bodies and adequate legal
expression, or of the press, or the right of assistance shall not be denied to any
the people peaceably to assemble and person by reason of poverty.
petition the government for redress of SECTION 12.
grievances. (1) Any person under investigation for the
SECTION 5. No law shall be made commission of an offense shall have the
respecting an establishment of religion, or right to be informed of his right to remain
prohibiting the free exercise thereof. The silent and to have competent and
free exercise and enjoyment of religious independent counsel preferably of his own
profession and worship, without choice. If the person cannot afford the
discrimination or preference, shall forever services of counsel, he must be provided
be allowed. No religious test shall be with one. These rights cannot be waived
required for the exercise of civil or political except in writing and in the presence of
rights. counsel.
(2) No torture, force, violence, threat, except in cases of invasion or rebellion
intimidation, or any other means which when the public safety requires it.
vitiate the free will shall be used against SECTION 16. All persons shall have the
him. Secret detention places, solitary, right to a speedy disposition of their cases
incommunicado, or other similar forms of before all judicial, quasi-judicial, or
detention are prohibited. administrative bodies.
(3) Any confession or admission obtained in SECTION 17. No person shall be compelled
violation of this or Section 17 hereof shall be to be a witness against himself.
inadmissible in evidence against him. SECTION 18.
(4) The law shall provide for penal and civil (1) No person shall be detained solely by
sanctions for violations of this section as reason of his political beliefs and
well as compensation to and rehabilitation aspirations.
of victims of torture or similar practices, and (2) No involuntary servitude in any form
their families. shall exist except as a punishment for a
SECTION 13. All persons, except those crime whereof the party shall have been
charged with offenses punishable by duly convicted.
reclusion perpetua when evidence of guilt is SECTION 19.
strong, shall, before conviction, be bailable (1) Excessive fines shall not be imposed,
by sufficient sureties, or be released on nor cruel, degrading or inhuman punishment
recognizance as may be provided by law. inflicted. Neither shall death penalty be
The right to bail shall not be impaired even imposed, unless, for compelling reasons
when the privilege of the writ of habeas involving heinous crimes, the Congress
corpus is suspended. Excessive bail shall hereafter provides for it. Any death penalty
not be required. already imposed shall be reduced to
SECTION 14. reclusion perpetua.
(1) No person shall be held to answer for a (2) The employment of physical,
criminal offense without due process of law. psychological, or degrading punishment
(2) In all criminal prosecutions, the accused against any prisoner or detainee or the use
shall be presumed innocent until the of substandard or inadequate penal facilities
contrary is proved, and shall enjoy the right under subhuman conditions shall be dealt
to be heard by himself and counsel, to be with by law.
informed of the nature and cause of the SECTION 20. No person shall be
accusation against him, to have a speedy, imprisoned for debt or non-payment of a poll
impartial, and public trial, to meet the tax.
witnesses face to face, and to have SECTION 21. No person shall be twice put
compulsory process to secure the in jeopardy of punishment for the same
attendance of witnesses and the production offense. If an act is punished by a law and
of evidence in his behalf. However, after an ordinance, conviction or acquittal under
arraignment, trial may proceed either shall constitute a bar to another
notwithstanding the absence of the accused prosecution for the same act.
provided that he has been duly notified and SECTION 22. No ex post facto law or bill of
his failure to appear is unjustifiable. attainder shall be enacted.
SECTION 15. The privilege of the writ of
habeas corpus shall not be suspended
ARTICLE IV - Citizenship SECTION 2. The Congress shall provide a
SECTION 1. The following are citizens of system for securing the secrecy and
the Philippines: sanctity of the ballot as well as a system for
(1) Those who are citizens of the Philippines absentee voting by qualified Filipinos
at the time of the adoption of this abroad.
Constitution; The Congress shall also design a procedure
(2) Those whose fathers or mothers are for the disabled and the illiterates to vote
citizens of the Philippines; without the assistance of other persons.
(3) Those born before January 17, 1973, of Until then, they shall be allowed to vote
Filipino mothers, who elect Philippine under existing laws and such rules as the
citizenship upon reaching the age of Commission on Elections may promulgate
majority; and to protect the secrecy of the ballot.
(4) Those who are naturalized in
accordance with law. ARTICLE VI - The Legislative Department
SECTION 2. Natural-born citizens are those SECTION 1. The legislative power shall be
who are citizens of the Philippines from birth vested in the Congress of the Philippines
without having to perform any act to acquire which shall consist of a Senate and a House
or perfect their Philippine citizenship. Those of Representatives, except to the extent
who elect Philippine citizenship in reserved to the people by the provision on
accordance with paragraph (3), Section 1 initiative and referendum.
hereof shall be deemed natural-born SECTION 2. The Senate shall be composed
citizens. of twenty-four Senators who shall be
SECTION 3. Philippine citizenship may be elected at large by the qualified voters of the
lost or reacquired in the manner provided by Philippines, as may be provided by law.
law. SECTION 3. No person shall be a Senator
SECTION 4. Citizens of the Philippines who unless he is a natural-born citizen of the
marry aliens shall retain their citizenship, Philippines, and, on the day of the election,
unless by their act or omission they are is at least thirty-five years of age, able to
deemed, under the law, to have renounced read and write, a registered voter, and a
it. resident of the Philippines for not less than
SECTION 5. Dual allegiance of citizens is two years immediately preceding the day of
inimical to the national interest and shall be the election.
dealt with by law. SECTION 4. The term of office of the
ARTICLE V - Suffrage Senators shall be six years and shall
SECTION 1. Suffrage may be exercised by commence, unless otherwise provided by
all citizens of the Philippines not otherwise law, at noon on the thirtieth day of June next
disqualified by law, who are at least following their election. No Senator shall
eighteen years of age, and who shall have serve for more than two consecutive terms.
resided in the Philippines for at least one Voluntary renunciation of the office for any
year and in the place wherein they propose length of time shall not be considered as an
to vote for at least six months immediately interruption in the continuity of his service
preceding the election. No literacy, property, for the full term for which he was elected.
or other substantive requirement shall be
imposed on the exercise of suffrage.
SECTION 5. district in which he shall be elected, and a
(1) The House of Representatives shall be resident thereof for a period of not less than
composed of not more than two hundred one year immediately preceding the day of
and fifty members, unless otherwise fixed the election.
by law, who shall be elected from legislative SECTION 7. The Members of the House of
districts apportioned among the provinces, Representatives shall be elected for a term
cities, and the Metropolitan Manila area in of three years which shall begin, unless
accordance with the number of their otherwise provided by law, at noon on the
respective inhabitants, and on the basis of a thirtieth day of June next following their
uniform and progressive ratio, and those election. No member of the House of
who, as provided by law, shall be elected Representatives shall serve for more than
through a party-list system of registered three consecutive terms. Voluntary
national, regional, and sectoral parties or renunciation of the office for any length of
organizations. time shall not be considered as an
(2) The party-list representatives shall interruption in the continuity of his service
constitute twenty per centum of the total for the full term for which he was elected.
number of representatives including those SECTION 8. Unless otherwise provided by
under the party list. For three consecutive law, the regular election of the Senators and
terms after the ratification of this the Members of the House of
Constitution, one-half of the seats allocated Representatives shall be held on the
to party-list representatives shall be filled, second Monday of May.
as provided by law, by selection or election SECTION 9. In case of vacancy in the
from the labor, peasant, urban poor, Senate or in the House of Representatives,
indigenous cultural communities, women, a special election may be called to fill such
youth, and such other sectors as may be vacancy in the manner prescribed by law,
provided by law, except the religious sector. but the Senator or Member of the House of
(3) Each legislative district shall comprise, Representatives thus elected shall serve
as far as practicable, contiguous, compact only for the unexpired term.
and adjacent territory. Each city with a SECTION 10. The salaries of Senators and
population of at least two hundred fifty Members of the House of Representatives
thousand, or each province, shall have at shall be determined by law. No increase in
least one representative. said compensation shall take effect until
(4) Within three years following the return of after the expiration of the full term of all the
every census, the Congress shall make a Members of the Senate and the House of
reapportionment of legislative districts Representatives approving such increase.
based on the standards provided in this SECTION 11. A Senator or Member of the
section. House of Representatives shall, in all
SECTION 6. No person shall be a Member offenses punishable by not more than six
of the House of Representatives unless he years imprisonment, be privileged from
is a natural-born citizen of the Philippines arrest while the Congress is in session. No
and, on the day of the election, is at least Member shall be questioned nor be held
twenty-five years of age, able to read and liable in any other place for any speech or
write, and, except the party-list debate in the Congress or in any committee
representatives, a registered voter in the thereof.
before the opening of its next regular
SECTION 12. All Members of the Senate session, exclusive of Saturdays, Sundays,
and the House of Representatives shall, and legal holidays. The President may call a
upon assumption of office, make a full special session at any time.
disclosure of their financial and business SECTION 16.
interests. They shall notify the House (1) The Senate shall elect its President and
concerned of a potential conflict of interest the House of Representatives its Speaker,
that may arise from the filing of a proposed by a majority vote of all its respective
legislation of which they are authors. Members. Each House shall choose such
SECTION 13. No Senator or Member of the other officers as it may deem necessary.
House of Representatives may hold any (2) A majority of each House shall constitute
other office or employment in the a quorum to do business, but a smaller
Government, or any subdivision, agency, or number may adjourn from day to day and
instrumentality thereof, including may compel the attendance of absent
government-owned or controlled Members in such manner, and under such
corporations or their subsidiaries, during his penalties, as such House may provide.
term without forfeiting his seat. Neither shall (3) Each House may determine the rules of
he be appointed to any office which may its proceedings, punish its Members for
have been created or the emoluments disorderly behavior, and, with the
thereof increased during the term for which concurrence of two-thirds of all its Members,
he was elected. suspend or expel a Member. A penalty of
SECTION 14. No Senator or Member of the suspension, when imposed, shall not
House of Representatives may personally exceed sixty days.
appear as counsel before any court of (4) Each House shall keep a Journal of its
justice or before the Electoral Tribunals, or proceedings, and from time to time publish
quasi-judicial and other administrative the same, excepting such parts as may, in
bodies. Neither shall he, directly or its judgment, affect national security; and
indirectly, be interested financially in any the yeas and nays on any question shall, at
contract with, or in any franchise or special the request of one-fifth of the Members
privilege granted by the Government, or any present, be entered in the Journal. Each
subdivision, agency, or instrumentality House shall also keep a Record of its
thereof, including any government-owned or proceedings.
controlled corporation, or its subsidiary, (5) Neither House during the sessions of the
during his term of office. He shall not Congress shall, without the consent of the
intervene in any matter before any office of other, adjourn for more than three days, nor
the Government for his pecuniary benefit or to any other place than that in which the two
where he may be called upon to act on Houses shall be sitting.
account of his office. SECTION 17. The Senate and the House of
SECTION 15. The Congress shall convene Representatives shall each have an
once every year on the fourth Monday of Electoral Tribunal which shall be the sole
July for its regular session, unless a judge of all contests relating to the election,
different date is fixed by law, and shall returns, and qualifications of their respective
continue to be in session for such number of Members. Each Electoral Tribunal shall be
days as it may determine until thirty days composed of nine Members, three of whom
shall be Justices of the Supreme Court to of amounts paid to and expenses incurred
be designated by the Chief Justice, and the for each Member.
remaining six shall be Members of the SECTION 21. The Senate or the House of
Senate or the House of Representatives, as Representatives or any of its respective
the case may be, who shall be chosen on committees may conduct inquiries in aid of
the basis of proportional representation from legislation in accordance with its duly
the political parties and the parties or published rules of procedure. The rights of
organizations registered under the party-list persons appearing in or affected by such
system represented therein. The senior inquiries shall be respected.
Justice in the Electoral Tribunal shall be its SECTION 22. The heads of departments
Chairman. may upon their own initiative, with the
SECTION 18. There shall be a Commission consent of the President, or upon the
on Appointments consisting of the President request of either House, as the rules of
of the Senate, as ex officio Chairman, each House shall provide, appear before
twelve Senators and twelve Members of the and be heard by such House on any matter
House of Representatives, elected by each pertaining to their departments. Written
House on the basis of proportional questions shall be submitted to the
representation from the political parties and President of the Senate or the Speaker of
parties or organizations registered under the the House of Representatives at least three
party-list system represented therein. The days before their scheduled appearance.
Chairman of the Commission shall not vote, Interpellations shall not be limited to written
except in case of a tie. The Commission questions, but may cover matters related
shall act on all appointments submitted to it thereto. When the security of the State or
within thirty session days of the Congress the public interest so requires and the
from their submission. The Commission President so states in writing, the
shall rule by a majority vote of all the appearance shall be conducted in executive
Members. session.
SECTION 19. The Electoral Tribunals and SECTION 23.
the Commission on Appointments shall be (1) The Congress, by a vote of two-thirds of
constituted within thirty days after the both Houses in joint session assembled,
Senate and the House of Representatives voting separately, shall have the sole power
shall have been organized with the election to declare the existence of a state of war.
of the President and the Speaker. The (2) In times of war or other national
Commission on Appointments shall meet emergency, the Congress may, by law,
only while the Congress is in session, at the authorize the President, for a limited period
call of its Chairman or a majority of all its and subject to such restrictions as it may
Members, to discharge such powers and prescribe, to exercise powers necessary
functions as are herein conferred upon it. and proper to carry out a declared national
SECTION 20. The records and books of policy. Unless sooner withdrawn by
accounts of the Congress shall be resolution of the Congress, such powers
preserved and be open to the public in shall cease upon the next adjournment
accordance with law, and such books shall thereof.
be audited by the Commission on Audit
which shall publish annually an itemized list
SECTION 24. All appropriation, revenue or appropriate vouchers and subject to such
tariff bills, bills authorizing increase of the guidelines as may be prescribed by law.
public debt, bills of local application, and (7) If, by the end of any fiscal year, the
private bills shall originate exclusively in the Congress shall have failed to pass the
House of Representatives, but the Senate general appropriations bill for the ensuing
may propose or concur with amendments. fiscal year, the general appropriations law
SECTION 25. for the preceding fiscal year shall be
(1) The Congress may not increase the deemed reenacted and shall remain in force
appropriations recommended by the and effect until the general appropriations
President for the operation of the bill is passed by the Congress.
Government as specified in the budget. The SECTION 26.
form, content, and manner of preparation of (1) Every bill passed by the Congress shall
the budget shall be prescribed by law. embrace only one subject which shall be
(2) No provision or enactment shall be expressed in the title thereof.
embraced in the general appropriations bill (2) No bill passed by either House shall
unless it relates specifically to some become a law unless it has passed three
particular appropriation therein. Any such readings on separate days, and printed
provision or enactment shall be limited in its copies thereof in its final form have been
operation to the appropriation to which it distributed to its Members three days before
relates. its passage, except when the President
(3) The procedure in approving certifies to the necessity of its immediate
appropriations for the Congress shall strictly enactment to meet a public calamity or
follow the procedure for approving emergency. Upon the last reading of a bill,
appropriations for other departments and no amendment thereto shall be allowed,
agencies. and the vote thereon shall be taken
(4) A special appropriations bill shall specify immediately thereafter, and the yeas and
the purpose for which it is intended, and nays entered in the Journal.
shall be supported by funds actually SECTION 27.
available as certified by the National (1) Every bill passed by the Congress shall,
Treasurer, or to be raised by a before it becomes a law, be presented to
corresponding revenue proposed therein. the President. If he approves the same, he
(5) No law shall be passed authorizing any shall sign it; otherwise, he shall veto it and
transfer of appropriations; however, the return the same with his objections to the
President, the President of the Senate, the House where it originated, which shall enter
Speaker of the House of Representatives, the objections at large in its Journal and
the Chief Justice of the Supreme Court, and proceed to reconsider it. If, after such
the heads of Constitutional Commissions reconsideration, two-thirds of all the
may, by law, be authorized to augment any Members of such House shall agree to pass
item in the general appropriations law for the bill, it shall be sent, together with the
their respective offices from savings in other objections, to the other House by which it
items of their respective appropriations. shall likewise be reconsidered, and if
(6) Discretionary funds appropriated for approved by two-thirds of all the Members
particular officials shall be disbursed only for of that House, it shall become a law. In all
public purposes to be supported by such cases, the votes of each House shall
be determined by yeas or nays, and the of any priest, preacher, minister, or other
names of the Members voting for or against religious teacher, or dignitary as such,
shall be entered in its Journal. The except when such priest, preacher, minister,
President shall communicate his veto of any or dignitary is assigned to the armed forces,
bill to the House where it originated within or to any penal institution, or government
thirty days after the date of receipt thereof; orphanage or leprosarium.
otherwise, it shall become a law as if he had (3) All money collected on any tax levied for
signed it. a special purpose shall be treated as a
(2) The President shall have the power to special fund and paid out for such purpose
veto any particular item or items in an only. If the purpose for which a special fund
appropriation, revenue, or tariff bill, but the was created has been fulfilled or
veto shall not affect the item or items to abandoned, the balance, if any, shall be
which he does not object. transferred to the general funds of the
SECTION 28. Government.
(1) The rule of taxation shall be uniform and SECTION 30. No law shall be passed
equitable. The Congress shall evolve a increasing the appellate jurisdiction of the
progressive system of taxation. Supreme Court as provided in this
(2) The Congress may, by law, authorize the Constitution without its advice and
President to fix within specified limits, and concurrence.
subject to such limitations and restrictions SECTION 31. No law granting a title of
as it may impose, tariff rates, import and royalty or nobility shall be enacted.
export quotas, tonnage and wharfage dues, SECTION 32. The Congress shall, as early
and other duties or imposts within the as possible, provide for a system of initiative
framework of the national development and referendum, and the exceptions
program of the Government. therefrom, whereby the people can directly
(3) Charitable institutions, churches and propose and enact laws or approve or reject
parsonages or convents appurtenant any act or law or part thereof passed by the
thereto, mosques, non-profit cemeteries, Congress or local legislative body after the
and all lands, buildings, and improvements, registration of a petition therefor signed by
actually, directly, and exclusively used for at least ten per centum of the total number
religious, charitable, or educational of registered voters, of which every
purposes shall be exempt from taxation. legislative district must be represented by at
(4) No law granting any tax exemption shall least three per centum of the registered
be passed without the concurrence of a voters thereof.
majority of all the Members of the Congress.
SECTION 29. ARTICLE VII - Executive Department
(1) No money shall be paid out of the SECTION 1. The executive power shall be
Treasury except in pursuance of an vested in the President of the Philippines.
appropriation made by law. SECTION 2. No person may be elected
(2) No public money or property shall be President unless he is a natural-born citizen
appropriated, applied, paid, or employed, of the Philippines, a registered voter, able to
directly or indirectly, for the use, benefit, or read and write, at least forty years of age on
support of any sect, church, denomination, the day of the election, and a resident of the
sectarian institution, or system of religion, or Philippines for at least ten years
immediately preceding such election. law, canvass the votes. The person having
SECTION 3. There shall be a the highest number of votes shall be
Vice-President who shall have the same proclaimed elected, but in case two or more
qualifications and term of office and be shall have an equal and highest number of
elected with and in the same manner as the votes, one of them shall forthwith be chosen
President. He may be removed from office by the vote of a majority of all the Members
in the same manner as the President. The of both Houses of the Congress, voting
Vice-President may be appointed as a separately. The Congress shall promulgate
Member of the Cabinet. Such appointment its rules for the canvassing of the
requires no confirmation. certificates. The Supreme Court, sitting en
SECTION 4. The President and the banc, shall be the sole judge of all contests
Vice-President shall be elected by direct relating to the election, returns, and
vote of the people for a term of six years qualifications of the President or Vice-
which shall begin at noon on the thirtieth President, and may promulgate its rules for
day of June next following the day of the the purpose.
election and shall end at noon of the same SECTION 5. Before they enter on the
date six years thereafter. The President execution of their office, the President, the
shall not be eligible for any reelection. No Vice-President, or the Acting President shall
person who has succeeded as President take the following oath or affirmation: “I do
and has served as such for more than four solemnly swear (or affirm) that I will faithfully
years shall be qualified for election to the and conscientiously fulfill my duties as
same office at any time. No Vice-President President (or Vice-President or Acting
shall serve for more than two consecutive President) of the Philippines, preserve and
terms. Voluntary renunciation of the office defend its Constitution, execute its laws, do
for any length of time shall not be justice to every man, and consecrate myself
considered as an interruption in the to the service of the Nation. So help me
continuity of the service for the full term for God.” (In case of affirmation, last sentence
which he was elected. Unless otherwise will be omitted.)
provided by law, the regular election for SECTION 6. The President shall have an
President and Vice-President shall be held official residence. The salaries of the
on the second Monday of May. The returns President and Vice-President shall be
of every election for President and determined by law and shall not be
Vice-President, duly certified by the board of decreased during their tenure. No increase
canvassers of each province or city, shall be in said compensation shall take effect until
transmitted to the Congress, directed to the after the expiration of the term of the
President of the Senate. Upon receipt of the incumbent during which such increase was
certificates of canvass, the President of the approved. They shall not receive during
Senate shall, not later than thirty days after their tenure any other emolument from the
the day of the election, open all certificates Government or any other source.
in the presence of the Senate and the SECTION 7. The President-elect and the
House of Representatives in joint public Vice-President-elect shall assume office at
session, and the Congress, upon the beginning of their terms. If the
determination of the authenticity and due President-elect fails to qualify, the
execution thereof in the manner provided by Vice-President-elect shall act as President
until the President-elect shall have qualified. restrictions of powers and disqualifications
If a President shall not have been chosen, as the Acting President.
the Vice-President-elect shall act as SECTION 9. Whenever there is a vacancy
President until a President shall have been in the Office of the Vice-President during the
chosen and qualified. If at the beginning of term for which he was elected, the
the term of the President, the President shall nominate a Vice-President
President-elect shall have died or shall have from among the Members of the Senate and
become permanently disabled, the the House of Representatives who shall
Vice-President-elect shall become assume office upon confirmation by a
President. Where no President and majority vote of all the Members of both
Vice-President shall have been chosen or Houses of the Congress, voting separately.
shall have qualified, or where both shall SECTION 10. The Congress shall, at ten
have died or become permanently disabled, o’clock in the morning of the third day after
the President of the Senate or, in case of his the vacancy in the offices of the President
inability, the Speaker of the House of and Vice-President occurs, convene in
Representatives shall act as President until accordance with its rules without need of a
a President or a Vice-President shall have call and within seven days enact a law
been chosen and qualified. The Congress calling for a special election to elect a
shall, by law, provide for the manner in President and a Vice-President to be held
which one who is to act as President shall not earlier than forty-five days nor later than
be selected until a President or a sixty days from the time of such call. The bill
Vice-President shall have qualified, in case calling such special election shall be
of death, permanent disability, or inability of deemed certified under paragraph 2,
the officials mentioned in the next preceding Section 26, Article VI of this Constitution
paragraph. and shall become law upon its approval on
SECTION 8. In case of death, permanent third reading by the Congress.
disability, removal from office, or resignation Appropriations for the special election shall
of the President, the Vice-President shall be charged against any current
become the President to serve the appropriations and shall be exempt from the
unexpired term. In case of death, requirements of paragraph 4, Section 25,
permanent disability, removal from office, or Article VI of this Constitution. The convening
resignation of both the President and of the Congress cannot be suspended nor
Vice-President, the President of the Senate the special election postponed. No special
or, in case of his inability, the Speaker of the election shall be called if the vacancy
House of Representatives, shall then act as occurs within eighteen months before the
President until the President or date of the next presidential election.
Vice-President shall have been elected and SECTION 11. Whenever the President
qualified. The Congress shall, by law, transmits to the President of the Senate and
provide who shall serve as President in the Speaker of the House of
case of death, permanent disability, or Representatives his written declaration that
resignation of the Acting President. He shall he is unable to discharge the powers and
serve until the President or the duties of his office, and until he transmits to
Vice-President shall have been elected and them a written declaration to the contrary,
qualified, and be subject to the same such powers and duties shall be discharged
by the Vice-President as Acting President. not be denied access to the President
Whenever a majority of all the Members of during such illness.
the Cabinet transmit to the President of the SECTION 13. The President,
Senate and to the Speaker of the House of Vice-President, the Members of the
Representatives their written declaration Cabinet, and their deputies or assistants
that the President is unable to discharge the shall not, unless otherwise provided in this
powers and duties of his office, the Constitution, hold any other office or
Vice-President shall immediately assume employment during their tenure. They shall
the powers and duties of the office as Acting not, during said tenure, directly or indirectly,
President. Thereafter, when the President practice any other profession, participate in
transmits to the President of the Senate and any business, or be financially interested in
to the Speaker of the House of any contract with, or in any franchise, or
Representatives his written declaration that special privilege granted by the Government
no inability exists, he shall reassume the or any subdivision, agency, or
powers and duties of his office. Meanwhile, instrumentality thereof, including
should a majority of all the Members of the government-owned or controlled
Cabinet transmit within five days to the corporations or their subsidiaries. They shall
President of the Senate and to the Speaker strictly avoid conflict of interest in the
of the House of Representatives their conduct of their office. The spouse and
written declaration that the President is relatives by consanguinity or affinity within
unable to discharge the powers and duties the fourth civil degree of the President shall
of his office, the Congress shall decide the not during his tenure be appointed as
issue. For that purpose, the Congress shall members of the Constitutional
convene, if it is not in session, within Commissions, or the Office of the
forty-eight hours, in accordance with its Ombudsman, or as Secretaries,
rules and without need of call. If the Undersecretaries, chairmen or heads of
Congress, within ten days after receipt of bureaus or offices, including
the last written declaration, or, if not in government-owned or controlled
session, within twelve days after it is corporations and their subsidiaries.
required to assemble, determines by a SECTION 14. Appointments extended by an
two-thirds vote of both Houses, voting Acting President shall remain effective,
separately, that the President is unable to unless revoked by the elected President
discharge the powers and duties of his within ninety days from his assumption or
office, the Vice-President shall act as the reassumption of office.
President; otherwise, the President shall SECTION 15. Two months immediately
continue exercising the powers and duties before the next presidential elections and up
of his office. to the end of his term, a President or Acting
SECTION 12. In case of serious illness of President shall not make appointments,
the President, the public shall be informed except temporary appointments to executive
of the state of his health. The Members of positions when continued vacancies therein
the Cabinet in charge of national security will prejudice public service or endanger
and foreign relations and the Chief of Staff public safety.
of the Armed Forces of the Philippines, shall
SECTION 16. The President shall nominate Congress. The Congress, voting jointly, by a
and, with the consent of the Commission on vote of at least a majority of all its Members
Appointments, appoint the heads of the in regular or special session, may revoke
executive departments, ambassadors, other such proclamation or suspension, which
public ministers and consuls, or officers of revocation shall not be set aside by the
the armed forces from the rank of colonel or President. Upon the initiative of the
naval captain, and other officers whose President, the Congress may, in the same
appointments are vested in him in this manner, extend such proclamation or
Constitution. He shall also appoint all other suspension for a period to be determined by
officers of the Government whose the Congress, if the invasion or rebellion
appointments are not otherwise provided for shall persist and public safety requires it.
by law, and those whom he may be The Congress, if not in session, shall, within
authorized by law to appoint. The Congress twenty-four hours following such
may, by law, vest the appointment of other proclamation or suspension, convene in
officers lower in rank in the President alone, accordance with its rules without any need
in the courts, or in the heads of of a call. The Supreme Court may review, in
departments, agencies, commissions, or an appropriate proceeding filed by any
boards. The President shall have the power citizen, the sufficiency of the factual basis of
to make appointments during the recess of the proclamation of martial law or the
the Congress, whether voluntary or suspension of the privilege of the writ or the
compulsory, but such appointments shall be extension thereof, and must promulgate its
effective only until after disapproval by the decision thereon within thirty days from its
Commission on Appointments or until the filing. A state of martial law does not
next adjournment of the Congress. suspend the operation of the Constitution,
SECTION 17. The President shall have nor supplant the functioning of the civil
control of all the executive departments, courts or legislative assemblies, nor
bureaus, and offices. He shall ensure that authorize the conferment of jurisdiction on
the laws be faithfully executed. military courts and agencies over civilians
SECTION 18. The President shall be the where civil courts are able to function, nor
Commander-in-Chief of all armed forces of automatically suspend the privilege of the
the Philippines and whenever it becomes writ. The suspension of the privilege of the
necessary, he may call out such armed writ shall apply only to persons judicially
forces to prevent or suppress lawless charged for rebellion or offenses inherent in
violence, invasion or rebellion. In case of or directly connected with the invasion.
invasion or rebellion, when the public safety During the suspension of the privilege of the
requires it, he may, for a period not writ, any person thus arrested or detained
exceeding sixty days, suspend the privilege shall be judicially charged within three days,
of the writ of habeas corpus or place the otherwise he shall be released.
Philippines or any part thereof under martial SECTION 19. Except in cases of
law. Within forty-eight hours from the impeachment, or as otherwise provided in
proclamation of martial law or the this Constitution, the President may grant
suspension of the privilege of the writ of reprieves, commutations and pardons, and
habeas corpus, the President shall submit a remit fines and forfeitures, after conviction
report in person or in writing to the by final judgment. He shall also have the
power to grant amnesty with the or excess of jurisdiction on the part of any
concurrence of a majority of all the branch or instrumentality of the
Members of the Congress. Government.
SECTION 20. The President may contract SECTION 2. The Congress shall have the
or guarantee foreign loans on behalf of the power to define, prescribe, and apportion
Republic of the Philippines with the prior the jurisdiction of various courts but may not
concurrence of the Monetary Board, and deprive the Supreme Court of its jurisdiction
subject to such limitations as may be over cases enumerated in Section 5 hereof.
provided by law. The Monetary Board shall, No law shall be passed reorganizing the
within thirty days from the end of every Judiciary when it undermines the security of
quarter of the calendar year, submit to the tenure of its Members.
Congress a complete report of its decisions SECTION 3. The Judiciary shall enjoy fiscal
on applications for loans to be contracted or autonomy. Appropriations for the Judiciary
guaranteed by the Government or may not be reduced by the legislature below
government-owned and controlled the amount appropriated for the previous
corporations which would have the effect of year and, after approval, shall be
increasing the foreign debt, and containing automatically and regularly released.
other matters as may be provided by law. SECTION 4.
SECTION 21. No treaty or international (1) The Supreme Court shall be composed
agreement shall be valid and effective of a Chief Justice and fourteen Associate
unless concurred in by at least two-thirds of Justices. It may sit en banc or in its
all the Members of the Senate. discretion, in divisions of three, five, or
SECTION 22. The President shall submit to seven Members. Any vacancy shall be filled
the Congress within thirty days from the within ninety days from the occurrence
opening of every regular session, as the thereof.
basis of the general appropriations bill, a (2) All cases involving the constitutionality of
budget of expenditures and sources of a treaty, international or executive
financing, including receipts from existing agreement, or law, which shall be heard by
and proposed revenue measures. the Supreme Court en banc, and all other
SECTION 23. The President shall address cases which under the Rules of Court are
the Congress at the opening of its regular required to be heard en banc, including
session. He may also appear before it at those involving the constitutionality,
any other time. application, or operation of presidential
decrees, proclamations, orders, instructions,
ARTICLE VIII - Judicial Department ordinances, and other regulations, shall be
SECTION 1. The judicial power shall be decided with the concurrence of a majority
vested in one Supreme Court and in such of the Members who actually took part in the
lower courts as may be established by law. deliberations on the issues in the case and
Judicial power includes the duty of the voted thereon.
courts of justice to settle actual (3) Cases or matters heard by a division
controversies involving rights which are shall be decided or resolved with the
legally demandable and enforceable, and to concurrence of a majority of the Members
determine whether or not there has been a who actually took part in the deliberations
grave abuse of discretion amounting to lack on the issues in the case and voted thereon,
and in no case, without the concurrence of to the underprivileged. Such rules shall
at least three of such Members. When the provide a simplified and inexpensive
required number is not obtained, the case procedure for the speedy disposition of
shall be decided en banc: Provided, that no cases, shall be uniform for all courts of the
doctrine or principle of law laid down by the same grade, and shall not diminish,
court in a decision rendered en banc or in increase, or modify substantive rights. Rules
division may be modified or reversed except of procedure of special courts and
by the court sitting en banc. quasi-judicial bodies shall remain effective
SECTION 5. The Supreme Court shall have unless disapproved by the Supreme Court.
the following powers: (6) Appoint all officials and employees of the
(1) Exercise original jurisdiction over cases Judiciary in accordance with the Civil
affecting ambassadors, other public Service Law.
ministers and consuls, and over petitions for SECTION 6. The Supreme Court shall have
certiorari, prohibition, mandamus, quo administrative supervision over all courts
warranto, and habeas corpus. and the personnel thereof.
(2) Review, revise, reverse, modify, or affirm SECTION 7.
on appeal or certiorari, as the law or the (1) No person shall be appointed Member of
Rules of Court may provide, final judgments the Supreme Court or any lower collegiate
and orders of lower courts in: (a) All cases court unless he is a natural-born citizen of
in which the constitutionality or validity of the Philippines. A Member of the Supreme
any treaty, international or executive Court must be at least forty years of age,
agreement, law, presidential decree, and must have been for fifteen years or
proclamation, order, instruction, ordinance, more a judge of a lower court or engaged in
or regulation is in question. (b) All cases the practice of law in the Philippines.
involving the legality of any tax, impost, (2) The Congress shall prescribe the
assessment, or toll, or any penalty imposed qualifications of judges of lower courts, but
in relation thereto. (c) All cases in which the no person may be appointed judge thereof
jurisdiction of any lower court is in issue. (d) unless he is a citizen of the Philippines and
All criminal cases in which the penalty a member of the Philippine Bar.
imposed is reclusion perpetua or higher. (e) (3) A Member of the Judiciary must be a
All cases in which only an error or question person of proven competence, integrity,
of law is involved. probity, and independence.
(3) Assign temporarily judges of lower SECTION 8.
courts to other stations as public interest (1) A Judicial and Bar Council is hereby
may require. Such temporary assignment created under the supervision of the
shall not exceed six months without the Supreme Court composed of the Chief
consent of the judge concerned. Justice as ex officio Chairman, the
(4) Order a change of venue or place of trial Secretary of Justice, and a representative of
to avoid a miscarriage of justice. the Congress as ex officio Members, a
(5) Promulgate rules concerning the representative of the Integrated Bar, a
protection and enforcement of constitutional professor of law, a retired Member of the
rights, pleading, practice, and procedure in Supreme Court, and a representative of the
all courts, the admission to the practice of private sector.
law, the Integrated Bar, and legal assistance
(2) The regular Members of the Council banc shall have the power to discipline
shall be appointed by the President for a judges of lower courts, or order their
term of four years with the consent of the dismissal by a vote of a majority of the
Commission on Appointments. Of the Members who actually took part in the
Members first appointed, the representative deliberations on the issues in the case and
of the Integrated Bar shall serve for four voted thereon.
years, the professor of law for three years, SECTION 12. The Members of the
the retired Justice for two years, and the Supreme Court and of other courts
representative of the private sector for one established by law shall not be designated
year. to any agency performing quasi-judicial or
(3) The Clerk of the Supreme Court shall be administrative functions.
the Secretary ex officio of the Council and SECTION 13. The conclusions of the
shall keep a record of its proceedings. Supreme Court in any case submitted to it
(4) The regular Members of the Council for decision en banc or in division shall be
shall receive such emoluments as may be reached in consultation before the case is
determined by the Supreme Court. The assigned to a Member for the writing of the
Supreme Court shall provide in its annual opinion of the Court. A certification to this
budget the appropriations for the Council. effect signed by the Chief Justice shall be
(5) The Council shall have the principal issued and a copy thereof attached to the
function of recommending appointees to the record of the case and served upon the
Judiciary. It may exercise such other parties. Any Member who took no part, or
functions and duties as the Supreme Court dissented, or abstained from a decision or
may assign to it. resolution must state the reason therefor.
SECTION 9. The Members of the Supreme The same requirements shall be observed
Court and judges of lower courts shall be by all lower collegiate courts.
appointed by the President from a list of at SECTION 14. No decision shall be rendered
least three nominees prepared by the by any court without expressing therein
Judicial and Bar Council for every vacancy. clearly and distinctly the facts and the law
Such appointments need no confirmation. on which it is based. No petition for review
For the lower courts, the President shall or motion for reconsideration of a decision
issue the appointments within ninety days of the court shall be refused due course or
from the submission of the list. denied without stating the legal basis
SECTION 10. The salary of the Chief therefor.
Justice and of the Associate Justices of the SECTION 15.
Supreme Court, and of judges of lower (1) All cases or matters filed after the
courts shall be fixed by law. During their effectivity of this Constitution must be
continuance in office, their salary shall not decided or resolved within twenty-four
be decreased. months from date of submission for the
SECTION 11. The Members of the Supreme Supreme Court, and, unless reduced by the
Court and judges of lower courts shall hold Supreme Court, twelve months for all lower
office during good behavior until they collegiate courts, and three months for all
reached the age of seventy years or other lower courts.
become incapacitated to discharge the
duties of their office. The Supreme Court en
(2) A case or matter shall be deemed franchise or privilege granted by the
submitted for decision or resolution upon Government, any of its subdivisions,
the filing of the last pending, brief, or agencies, or instrumentalities, including
memorandum required by the Rules of government-owned or controlled
Court or by the court itself. corporations or their subsidiaries.
(3) Upon the expiration of the corresponding SECTION 3. The salary of the Chairman
period, a certification to this effect signed by and the Commissioners shall be fixed by
the Chief Justice or the presiding judge shall law and shall not be decreased during their
forthwith be issued and a copy thereof tenure.
attached to the record of the case or matter, SECTION 4. The Constitutional
and served upon the parties. The Commissions shall appoint their officials
certification shall state why a decision or and employees in accordance with law.
resolution has not been rendered or issued SECTION 5. The Commission shall enjoy
within said period. fiscal autonomy. Their approved annual
(4) Despite the expiration of the applicable appropriations shall be automatically and
mandatory period, the court, without regularly released.
prejudice to such responsibility as may have SECTION 6. Each Commission en banc
been incurred in consequence thereof, shall may promulgate its own rules concerning
decide or resolve the case or matter pleadings and practice before it or before
submitted thereto for determination, without any of its offices. Such rules however shall
further delay. not diminish, increase, or modify
SECTION 16. The Supreme Court shall, substantive rights.
within thirty days from the opening of each SECTION 7. Each Commission shall decide
regular session of the Congress, submit to by a majority vote of all its Members any
the President and the Congress an annual case or matter brought before it within sixty
report on the operations and activities of the days from the date of its submission for
Judiciary. decision or resolution. A case or matter is
deemed submitted for decision or resolution
ARTICLE IX - Constitutional Commissions upon the filing of the last pleading, brief, or
A. Common Provisions memorandum required by the rules of the
SECTION 1. The Constitutional Commission or by the Commission itself.
Commissions, which shall be independent, Unless otherwise provided by this
are the Civil Service Commission, the Constitution or by law, any decision, order,
Commission on Elections, and the or ruling of each Commission may be
Commission on Audit. brought to the Supreme Court on certiorari
SECTION 2. No Member of a Constitutional by the aggrieved party within thirty days
Commission shall, during his tenure, hold from receipt of a copy thereof.
any other office or employment. Neither SECTION 8. Each Commission shall
shall he engage in the practice of any perform such other functions as may be
profession or in the active management or provided by law.
control of any business which in any way be
affected by the functions of his office, nor
shall he be financially interested, directly or
indirectly, in any contract with, or in any
B. The Civil Service Commission any electioneering or partisan political
SECTION 1. campaign.
(1) The Civil Service shall be administered (5) The right to self-organization shall not be
by the Civil Service Commission composed denied to government employees.
of a Chairman and two Commissioners who (6) Temporary employees of the
shall be natural-born citizens of the Government shall be given such protection
Philippines and, at the time of their as may be provided by law.
appointment, at least thirty-five years of SECTION 3. The Civil Service Commission,
age, with proven capacity for public as the central personnel agency of the
administration, and must not have been Government, shall establish a career
candidates for any elective position in the service and adopt measures to promote
elections immediately preceding their morale, efficiency, integrity, responsiveness,
appointment. progressiveness, and courtesy in the civil
(2) The Chairman and the Commissioners service. It shall strengthen the merit and
shall be appointed by the President with the rewards system, integrate all human
consent of the Commission on resources development programs for all
Appointments for a term of seven years levels and ranks, and institutionalize a
without reappointment. Of those first management climate conducive to public
appointed, the Chairman shall hold office for accountability. It shall submit to the
seven years, a Commissioner for five years, President and the Congress an annual
and another Commissioner for three years, report on its personnel programs.
without reappointment. Appointment to any SECTION 4. All public officers and
vacancy shall be only for the unexpired term employees shall take an oath or affirmation
of the predecessor. In no case shall any to uphold and defend this Constitution.
Member be appointed or designated in a SECTION 5. The Congress shall provide for
temporary or acting capacity. the standardization of compensation of
SECTION 2. government officials and employees,
(1) The civil service embraces all branches, including those in government-owned or
subdivisions, instrumentalities, and controlled corporations with original
agencies of the Government, including charters, taking into account the nature of
government-owned or controlled the responsibilities pertaining to, and the
corporations with original charters. qualifications required for their positions.
(2) Appointments in the civil service shall be SECTION 6. No candidate who has lost in
made only according to merit and fitness to any election shall, within one year after such
be determined, as far as practicable, and, election, be appointed to any office in the
except to positions which are Government or any government-owned or
policy-determining, primarily confidential, or controlled corporations or in any of their
highly technical, by competitive subsidiaries.
examination. SECTION 7. No elective official shall be
(3) No officer or employee of the civil eligible for appointment or designation in
service shall be removed or suspended any capacity to any public office or position
except for cause provided by law. during his tenure. Unless otherwise allowed
(4) No officer or employee in the civil by law or by the primary functions of his
service shall engage, directly or indirectly, in position, no appointive official shall hold any
other office or employment in the SECTION 2. The Commission on Elections
Government or any subdivision, agency or shall exercise the following powers and
instrumentality thereof, including functions:
government-owned or controlled (1) Enforce and administer all laws and
corporations or their subsidiaries. regulations relative to the conduct of an
SECTION 8. No elective or appointive election, plebiscite, initiative, referendum,
public officer or employee shall receive and recall.
additional, double, or indirect compensation, (2) Exercise exclusive original jurisdiction
unless specifically authorized by law, nor over all contests relating to the elections,
accept without the consent of the Congress, returns, and qualifications of all elective
any present, emolument, office, or title of regional, provincial, and city officials, and
any kind from any foreign government. appellate jurisdiction over all contests
Pensions or gratuities shall not be involving elective municipal officials decided
considered as additional, double, or indirect by trial courts of general jurisdiction, or
compensation. involving elective barangay officials decided
C. The Commission on Elections by trial courts of limited jurisdiction.
SECTION 1. Decisions, final orders, or rulings of the
(1) There shall be a Commission on Commission on election contests involving
Elections composed of a Chairman and six elective municipal and barangay offices
Commissioners who shall be natural-born shall be final, executory, and not
citizens of the Philippines and, at the time of appealable.
their appointment, at least thirty-five years (3) Decide, except those involving the right
of age, holders of a college degree, and to vote, all questions affecting elections,
must not have been candidates for any including determination of the number and
elective position in the immediately location of polling places, appointment of
preceding elections. However, a majority election officials and inspectors, and
thereof, including the Chairman, shall be registration of voters.
Members of the Philippine Bar who have (4) Deputize, with the concurrence of the
been engaged in the practice of law for at President, law enforcement agencies and
least ten years. instrumentalities of the Government,
(2) The Chairman and the Commissioners including the Armed Forces of the
shall be appointed by the President with the Philippines, for the exclusive purpose of
consent of the Commission on ensuring free, orderly, honest, peaceful, and
Appointments for a term of seven years credible elections.
without reappointment. Of those first (5) Register, after sufficient publication,
appointed, three Members shall hold office political parties, organizations, or coalitions
for seven years, two Members for five which, in addition to other requirements,
years, and the last Members for three years, must present their platform or program of
without reappointment. Appointment to any government; and accredit citizens’ arms of
vacancy shall be only for the unexpired term the Commission on Elections. Religious
of the predecessor. In no case shall any denominations and sects shall not be
Member be appointed or designated in a registered. Those which seek to achieve
temporary or acting capacity. their goals through violence or unlawful
means, or refuse to uphold and adhere to
this Constitution, or which are supported by shall be decided by the Commission en
any foreign government shall likewise be banc.
refused registration. Financial contributions SECTION 4. The Commission may, during
from foreign governments and their the election period, supervise or regulate
agencies to political parties, organizations, the enjoyment or utilization of all franchises
coalitions, or candidates related to elections or permits for the operation of transportation
constitute interference in national affairs, and other public utilities, media of
and, when accepted, shall be an additional communication or information, all grants,
ground for the cancellation of their special privileges, or concessions granted
registration with the Commission, in addition by the Government or any subdivision,
to other penalties that may be prescribed by agency, or instrumentality thereof, including
law. any government-owned or controlled
(6) File, upon a verified complaint, or on its corporation or its subsidiary. Such
own initiative, petitions in court for inclusion supervision or regulation shall aim to ensure
or exclusion of voters; investigate and, equal opportunity, time, and space, and the
where appropriate, prosecute cases of right to reply, including reasonable, equal
violations of election laws, including acts or rates therefor, for public information
omissions constituting election frauds, campaigns and forums among candidates in
offenses, and malpractices. connection with the objective of holding
(7) Recommend to the Congress effective free, orderly, honest, peaceful, and credible
measures to minimize election spending, elections.
including limitation of places where SECTION 5. No pardon, amnesty, parole, or
propaganda materials shall be posted, and suspension of sentence for violation of
to prevent and penalize all forms of election election laws, rules, and regulations shall be
frauds, offenses, malpractices, and granted by the President without the
nuisance candidacies. favorable recommendation of the
(8) Recommend to the President the Commission.
removal of any officer or employee it has SECTION 6. A free and open party system
deputized, or the imposition of any other shall be allowed to evolve according to the
disciplinary action, for violation or disregard free choice of the people, subject to the
of, or disobedience to its directive, order, or provisions of this Article.
decision. SECTION 7. No votes cast in favor of a
(9) Submit to the President and the political party, organization, or coalition shall
Congress a comprehensive report on the be valid, except for those registered under
conduct of each election, plebiscite, the party-list system as provided in this
initiative, referendum, or recall. Constitution.
SECTION 3. The Commission on Elections SECTION 8. Political parties, or
may sit en banc or in two divisions, and organizations or coalitions registered under
shall promulgate its rules of procedure in the party-list system, shall not be
order to expedite disposition of election represented in the voters’ registration
cases, including pre-proclamation boards, boards of election inspectors,
controversies. All such election cases shall boards of canvassers, or other similar
be heard and decided in division, provided bodies. However, they shall be entitled to
that motions for reconsideration of decisions
appoint poll watchers in accordance with years, without reappointment. Appointment
law. to any vacancy shall be only for the
SECTION 9. Unless otherwise fixed by the unexpired portion of the term of the
Commission in special cases, the election predecessor. In no case shall any Member
period shall commence ninety days before be appointed or designated in a temporary
the day of the election and shall end thirty or acting capacity.
days after. SECTION 2.
SECTION 10. Bona fide candidates for any (1) The Commission on Audit shall have the
public office shall be free from any form of power, authority, and duty to examine, audit,
harassment and discrimination. and settle all accounts pertaining to the
SECTION 11. Funds certified by the revenue and receipts of, and expenditures
Commission as necessary to defray the or uses of funds and property, owned or
expenses for holding regular and special held in trust by, or pertaining to, the
elections, plebiscites, initiatives, referenda, Government, or any of its subdivisions,
and recalls, shall be provided in the regular agencies, or instrumentalities, including
or special appropriations and, once government-owned or controlled
approved, shall be released automatically corporations with original charters, and on a
upon certification by the Chairman of the post-audit basis: (a) constitutional bodies,
Commission. commissions and offices that have been
D. Commission on Audit granted fiscal autonomy under this
SECTION 1. Constitution; (b) autonomous state colleges
(1) There shall be a Commission on Audit and universities; (c) other
composed of a Chairman and two government-owned or controlled
Commissioners, who shall be natural-born corporations and their subsidiaries; and (d)
citizens of the Philippines and, at the time of such non-governmental entities receiving
their appointment, at least thirty-five years subsidy or equity, directly or indirectly, from
of age, certified public accountants with not or through the Government, which are
less than ten years of auditing experience, required by law or the granting institution to
or members of the Philippine Bar who have submit to such audit as a condition of
been engaged in the practice of law for at subsidy or equity. However, where the
least ten years, and must not have been internal control system of the audited
candidates for any elective position in the agencies is inadequate, the Commission
elections immediately preceding their may adopt such measures, including
appointment. At no time shall all Members temporary or special pre-audit, as are
of the Commission belong to the same necessary and appropriate to correct the
profession. deficiencies. It shall keep the general
(2) The Chairman and the Commissioners accounts of the Government and, for such
shall be appointed by the President with the period as may be provided by law, preserve
consent of the Commission on the vouchers and other supporting papers
Appointments for a term of seven years pertaining thereto.
without reappointment. Of those first (2) The Commission shall have exclusive
appointed, the Chairman shall hold office for authority, subject to the limitations in this
seven years, one Commissioner for five Article, to define the scope of its audit and
years, and the other Commissioner for three examination, establish the techniques and
methods required therefor, and promulgate responsibilities, and resources, and provide
accounting and auditing rules and for the qualifications, election, appointment
regulations, including those for the and removal, term, salaries, powers and
prevention and disallowance of irregular, functions and duties of local officials, and all
unnecessary, excessive, extravagant, or other matters relating to the organization
unconscionable expenditures, or uses of and operation of the local units.
government funds and properties. SECTION 4. The President of the
SECTION 3. No law shall be passed Philippines shall exercise general
exempting any entity of the Government or supervision over local governments.
its subsidiary in any guise whatever, or any Provinces with respect to component cities
investment of public funds, from the and municipalities, and cities and
jurisdiction of the Commission on Audit. municipalities with respect to component
SECTION 4. The Commission shall submit barangays shall ensure that the acts of their
to the President and the Congress, within component units are within the scope of
the time fixed by law, an annual report their prescribed powers and functions.
covering the financial condition and SECTION 5. Each local government unit
operation of the Government, its shall have the power to create its own
subdivisions, agencies, and sources of revenues and to levy taxes, fees,
instrumentalities, including and charges subject to such guidelines and
government-owned or controlled limitations as the Congress may provide,
corporations, and non-governmental entities consistent with the basic policy of local
subject to its audit, and recommend autonomy. Such taxes, fees, and charges
measures necessary to improve their shall accrue exclusively to the local
effectiveness and efficiency. It shall submit governments.
such other reports as may be required by SECTION 6. Local government units shall
law. have a just share, as determined by law, in
ARTICLE X - Local Government the national taxes which shall be
General Provisions automatically released to them.
SECTION 1. The territorial and political SECTION 7. Local governments shall be
subdivisions of the Republic of the entitled to an equitable share in the
Philippines are the provinces, cities, proceeds of the utilization and development
municipalities, and barangays. There shall of the national wealth within their respective
be autonomous regions in Muslim Mindanao areas, in the manner provided by law,
and the Cordilleras as hereinafter provided. including sharing the same with the
SECTION 2. The territorial and political inhabitants by way of direct benefits.
subdivisions shall enjoy local autonomy. SECTION 8. The term of office of elective
SECTION 3. The Congress shall enact a local officials, except barangay officials,
local government code which shall provide which shall be determined by law, shall be
for a more responsive and accountable local three years and no such official shall serve
government structure instituted through a for more than three consecutive terms.
system of decentralization with effective Voluntary renunciation of the office for any
mechanisms of recall, initiative, and length of time shall not be considered as an
referendum, allocate among the different interruption in the continuity of his service
local government units their powers, for the full term for which he was elected.
SECTION 9. Legislative bodies of local purposes of administrative decentralization
governments shall have sectoral to strengthen the autonomy of the units
representation as may be prescribed by law. therein and to accelerate the economic and
SECTION 10. No province, city, social growth and development of the units
municipality, or barangay may be created, in the region.
divided, merged, abolished, or its boundary
substantially altered, except in accordance Autonomous Region
with the criteria established in the Local SECTION 15. There shall be created
Government Code and subject to approval autonomous regions in Muslim Mindanao
by a majority of the votes cast in a plebiscite and in the Cordilleras consisting of
in the political units directly affected. provinces, cities, municipalities, and
SECTION 11. The Congress may, by law, geographical areas sharing common and
create special metropolitan political distinctive historical and cultural heritage,
subdivisions, subject to a plebiscite as set economic and social structures, and other
forth in Section 10 hereof. The component relevant characteristics within the
cities and municipalities shall retain their framework of this Constitution and the
basic autonomy and shall be entitled to their national sovereignty as well as territorial
own local executives and legislative integrity of the Republic of the Philippines.
assemblies. The jurisdiction of the SECTION 16. The President shall exercise
metropolitan authority that will hereby be general supervision over autonomous
created shall be limited to basic services regions to ensure that the laws are faithfully
requiring coordination. executed.
SECTION 12. Cities that are highly SECTION 17. All powers, functions, and
urbanized, as determined by law, and responsibilities not granted by this
component cities whose charters prohibit Constitution or by law to the autonomous
their voters from voting for provincial regions shall be vested in the National
elective officials, shall be independent of the Government.
province. The voters of component cities SECTION 18. The Congress shall enact an
within a province, whose charters contain organic act for each autonomous region
no such prohibition, shall not be deprived of with the assistance and participation of the
their right to vote for elective provincial regional consultative commission composed
officials. of representatives appointed by the
SECTION 13. Local government units may President from a list of nominees from
group themselves, consolidate or coordinate multisectoral bodies. The organic act shall
their efforts, services, and resources for define the basic structure of government for
purposes commonly beneficial to them in the region consisting of the executive
accordance with law. department and legislative assembly, both
SECTION 14. The President shall provide of which shall be elective and representative
for regional development councils or other of the constituent political units. The organic
similar bodies composed of local acts shall likewise provide for special courts
government officials, regional heads of with personal, family, and property law
departments and other government offices, jurisdiction consistent with the provisions of
and representatives from non-governmental this Constitution and national laws. The
organizations within the regions for creation of the autonomous region shall be
effective when approved by majority of the times be accountable to the people, serve
votes cast by the constituent units in a them with utmost responsibility, integrity,
plebiscite called for the purpose, provided loyalty, and efficiency, act with patriotism
that only provinces, cities, and geographic and justice, and lead modest lives.
areas voting favorably in such plebiscite SECTION 2. The President, the
shall be included in the autonomous region. Vice-President, the Members of the
SECTION 19. The first Congress elected Supreme Court, the Members of the
under this Constitution shall, within eighteen Constitutional Commissions, and the
months from the time of organization of both Ombudsman may be removed from office,
Houses, pass the organic acts for the on impeachment for, and conviction of,
autonomous regions in Muslim Mindanao culpable violation of the Constitution,
and the Cordilleras. treason, bribery, graft and corruption, other
SECTION 20. Within its territorial jurisdiction high crimes, or betrayal of public trust. All
and subject to the provisions of this other public officers and employees may be
Constitution and national laws, the organic removed from office as provided by law, but
act of autonomous regions shall provide for not by impeachment.
legislative powers over: SECTION 3.
(1) Administrative organization; (1) The House of Representatives shall
(2) Creation of sources of revenues; have the exclusive power to initiate all
(3) Ancestral domain and natural resources; cases of impeachment.
(4) Personal, family, and property relations; (2) A verified complaint for impeachment
(5) Regional urban and rural planning may be filed by any Member of the House of
development; Representatives or by any citizen upon a
(6) Economic, social, and tourism resolution of endorsement by any Member
development; thereof, which shall be included in the Order
(7) Educational policies; of Business within ten session days, and
(8) Preservation and development of the referred to the proper Committee within
cultural heritage; and three session days thereafter. The
(9) Such other matters as may be Committee, after hearing, and by a majority
authorized by law for the promotion of the vote of all its Members, shall submit its
general welfare of the people of the region. report to the House within sixty session
SECTION 21. The preservation of peace days from such referral, together with the
and order within the regions shall be the corresponding resolution. The resolution
responsibility of the local police agencies shall be calendared for consideration by the
which shall be organized, maintained, House within ten session days from receipt
supervised, and utilized in accordance with thereof.
applicable laws. The defense and security (3) A vote of at least one-third of all the
of the regions shall be the responsibility of Members of the House shall be necessary
the National Government. either to affirm a favorable resolution with
the Articles of Impeachment of the
ARTICLE XI - Accountability of Public Committee, or override its contrary
Officers resolution. The vote of each Member shall
SECTION 1. Public office is a public trust. be recorded.
Public officers and employees must at all
(4) In case the verified complaint or Ombudsman according to the Civil Service
resolution of impeachment is filed by at Law.
least one-third of all the Members of the SECTION 7. The existing Tanodbayan shall
House, the same shall constitute the hereafter be known as the Office of the
Articles of Impeachment, and trial by the Special Prosecutor. It shall continue to
Senate shall forthwith proceed. function and exercise its powers as now or
(5) No impeachment proceedings shall be hereafter may be provided by law, except
initiated against the same official more than those conferred on the Office of the
once within a period of one year. Ombudsman created under this
(6) The Senate shall have the sole power to Constitution.
try and decide all cases of impeachment. SECTION 8. The Ombudsman and his
When sitting for that purpose, the Senators Deputies shall be natural-born citizens of
shall be on oath or affirmation. When the the Philippines, and at the time of their
President of the Philippines is on trial, the appointment, at least forty years old, of
Chief Justice of the Supreme Court shall recognized probity and independence, and
preside, but shall not vote. No person shall members of the Philippine Bar, and must
be convicted without the concurrence of not have been candidates for any elective
two-thirds of all the Members of the Senate. office in the immediately preceding election.
(7) Judgment in cases of impeachment shall The Ombudsman must have for ten years or
not extend further than removal from office more been a judge or engaged in the
and disqualification to hold any office under practice of law in the Philippines. During
the Republic of the Philippines, but the party their tenure, they shall be subject to the
convicted shall nevertheless be liable and same disqualifications and prohibitions as
subject to prosecution, trial, and punishment provided for in Section 2 of Article IX-A of
according to law. this Constitution.
(8) The Congress shall promulgate its rules SECTION 9. The Ombudsman and his
on impeachment to effectively carry out the Deputies shall be appointed by the
purpose of this section. President from a list of at least six nominees
SECTION 4. The present anti-graft court prepared by the Judicial and Bar Council,
known as the Sandiganbayan shall continue and from a list of three nominees for every
to function and exercise its jurisdiction as vacancy thereafter. Such appointments shall
now or hereafter may be provided by law. require no confirmation. All vacancies shall
SECTION 5. There is hereby created the be filled within three months after they
independent Office of the Ombudsman, occur.
composed of the Ombudsman to be known SECTION 10. The Ombudsman and his
as Tanodbayan, one overall Deputy and at Deputies shall have the rank of Chairman
least one Deputy each for Luzon, Visayas, and Members, respectively, of the
and Mindanao. A separate Deputy for the Constitutional Commissions, and they shall
military establishment may likewise be receive the same salary, which shall not be
appointed. decreased during their term of office.
SECTION 6. The officials and employees of SECTION 11. The Ombudsman and his
the Office of the Ombudsman, other than Deputies shall serve for a term of seven
the Deputies, shall be appointed by the years without reappointment. They shall not
be qualified to run for any office in the
election immediately succeeding their (5) Request any government agency for
cessation from office. assistance and information necessary in the
SECTION 12. The Ombudsman and his discharge of its responsibilities, and to
Deputies, as protectors of the people, shall examine, if necessary, pertinent records and
act promptly on complaints filed in any form documents.
or manner against public officials or (6) Publicize matters covered by its
employees of the Government, or any investigation when circumstances so
subdivision, agency or instrumentality warrant and with due prudence.
thereof, including government-owned or (7) Determine the causes of inefficiency, red
controlled corporations, and shall, in tape, mismanagement, fraud, and
appropriate cases, notify the complainants corruption in the Government and make
of the action taken and the result thereof. recommendations for their elimination and
SECTION 13. The Office of the the observance of high standards of ethics
Ombudsman shall have the following and efficiency.
powers, functions, and duties: (8) Promulgate its rules of procedure and
(1) Investigate on its own, or on complaint exercise such other powers or perform such
by any person, any act or omission of any functions or duties as may be provided by
public official, employee, office or agency, law.
when such act or omission appears to be SECTION 14. The Office of the
illegal, unjust, improper, or inefficient. Ombudsman shall enjoy fiscal autonomy. Its
(2) Direct, upon complaint or at its own approved annual appropriations shall be
instance, any public official or employee of automatically and regularly released.
the Government, or any subdivision, agency SECTION 15. The right of the State to
or instrumentality thereof, as well as of any recover properties unlawfully acquired by
government-owned or controlled corporation public officials or employees, from them or
with original charter, to perform and from their nominees or transferees, shall not
expedite any act or duty required by law, or be barred by prescription, laches, or
to stop, prevent, and correct any abuse or estoppel.
impropriety in the performance of duties. SECTION 16. No loan, guaranty, or other
(3) Direct the officer concerned to take form of financial accommodation for any
appropriate action against a public official or business purpose may be granted, directly
employee at fault, and recommend his or indirectly, by any government-owned or
removal, suspension, demotion, fine, controlled bank or financial institution to the
censure, or prosecution, and ensure President, the Vice-President, the Members
compliance therewith. of the Cabinet, the Congress, the Supreme
(4) Direct the officer concerned, in any Court, and the Constitutional Commissions,
appropriate case, and subject to such the Ombudsman, or to any firm or entity in
limitations as may be provided by law, to which they have controlling interest, during
furnish it with copies of documents relating their tenure.
to contracts or transactions entered into by SECTION 17. A public officer or employee
his office involving the disbursement or use shall, upon assumption of office and as
of public funds or properties, and report any often thereafter as may be required by law,
irregularity to the Commission on Audit for submit a declaration under oath of his
appropriate action. assets, liabilities, and net worth. In the case
of the President, the Vice-President, the waters, minerals, coal, petroleum, and other
Members of the Cabinet, the Congress, the mineral oils, all forces of potential energy,
Supreme Court, the Constitutional fisheries, forests or timber, wildlife, flora and
Commissions and other constitutional fauna, and other natural resources are
offices, and officers of the armed forces with owned by the State. With the exception of
general or flag rank, the declaration shall be agricultural lands, all other natural
disclosed to the public in the manner resources shall not be alienated. The
provided by law. exploration, development, and utilization of
SECTION 18. Public officers and natural resources shall be under the full
employees owe the State and this control and supervision of the State. The
Constitution allegiance at all times, and any State may directly undertake such activities,
public officer or employee who seeks to or it may enter into co-production, joint
change his citizenship or acquire the status venture, or production-sharing agreements
of an immigrant of another country during with Filipino citizens, or corporations or
his tenure shall be dealt with by law. associations at least sixty per centum of
whose capital is owned by such citizens.
ARTICLE XII - National Economy and Such agreements may be for a period not
Patrimony exceeding twenty-five years, renewable for
SECTION 1. The goals of the national not more than twenty-five years, and under
economy are a more equitable distribution such terms and conditions as may be
of opportunities, income, and wealth; a provided by law. In cases of water rights for
sustained increase in the amount of goods irrigation, water supply, fisheries, or
and services produced by the nation for the industrial uses other than the development
benefit of the people; and an expanding of water power, beneficial use may be the
productivity as the key to raising the quality measure and limit of the grant. The State
of life for all, especially the underprivileged. shall protect the nation’s marine wealth in its
The State shall promote industrialization archipelagic waters, territorial sea, and
and full employment based on sound exclusive economic zone, and reserve its
agricultural development and agrarian use and enjoyment exclusively to Filipino
reform, through industries that make full and citizens. The Congress may, by law, allow
efficient use of human and natural small-scale utilization of natural resources
resources, and which are competitive in by Filipino citizens, as well as cooperative
both domestic and foreign markets. fish farming, with priority to subsistence
However, the State shall protect Filipino fishermen and fishworkers in rivers, lakes,
enterprises against unfair foreign bays, and lagoons. The President may enter
competition and trade practices. In the into agreements with foreign-owned
pursuit of these goals, all sectors of the corporations involving either technical or
economy and all regions of the country shall financial assistance for large-scale
be given optimum opportunity to develop. exploration, development, and utilization of
Private enterprises, including corporations, minerals, petroleum, and other mineral oils
cooperatives, and similar collective according to the general terms and
organizations, shall be encouraged to conditions provided by law, based on real
broaden the base of their ownership. contributions to the economic growth and
SECTION 2. All lands of the public domain, general welfare of the country. In such
agreements, the State shall promote the SECTION 5. The State, subject to the
development and use of local scientific and provisions of this Constitution and national
technical resources. The President shall development policies and programs, shall
notify the Congress of every contract protect the rights of indigenous cultural
entered into in accordance with this communities to their ancestral lands to
provision, within thirty days from its ensure their economic, social, and cultural
execution. well-being. The Congress may provide for
SECTION 3. Lands of the public domain are the applicability of customary laws
classified into agricultural, forest or timber, governing property rights or relations in
mineral lands, and national parks. determining the ownership and extent of
Agricultural lands of the public domain may ancestral domain.
be further classified by law according to the SECTION 6. The use of property bears a
uses which they may be devoted. Alienable social function, and all economic agents
lands of the public domain shall be limited to shall contribute to the common good.
agricultural lands. Private corporations or Individuals and private groups, including
associations may not hold such alienable corporations, cooperatives, and similar
lands of the public domain except by lease, collective organizations, shall have the right
for a period not exceeding twenty-five years, to own, establish, and operate economic
renewable for not more than twenty-five enterprises, subject to the duty of the State
years, and not to exceed one thousand to promote distributive justice and to
hectares in area. Citizens of the Philippines intervene when the common good so
may lease not more than five hundred demands.
hectares, or acquire not more than twelve SECTION 7. Save in cases of hereditary
hectares thereof by purchase, homestead, succession, no private lands shall be
or grant. Taking into account the transferred or conveyed except to
requirements of conservation, ecology, and individuals, corporations, or associations
development, and subject to the qualified to acquire or hold lands of the
requirements of agrarian reform, the public domain.
Congress shall determine, by law, the size SECTION 8. Notwithstanding the provisions
of lands of the public domain which may be of Section 7 of this Article, a natural-born
acquired, developed, held, or leased and citizen of the Philippines who has lost his
the conditions therefor. Philippine citizenship may be a transferee of
SECTION 4. The Congress shall, as soon private lands, subject to limitations provided
as possible, determine by law the specific by law.
limits of forest lands and national parks, SECTION 9. The Congress may establish
marking clearly their boundaries on the an independent economic and planning
ground. Thereafter, such forest lands and agency headed by the President, which
national parks shall be conserved and may shall, after consultations with the
not be increased nor diminished, except by appropriate public agencies, various private
law. The Congress shall provide, for such sectors, and local government units,
period as it may determine, measures to recommend to Congress, and implement
prohibit logging in endangered forests and continuing integrated and coordinated
watershed areas. programs and policies for national
development. Until the Congress provides
otherwise, the National Economic and proportionate share in its capital, and all the
Development Authority shall function as the executive and managing officers of such
independent planning agency of the corporation or association must be citizens
government. of the Philippines.
SECTION 10. The Congress shall, upon SECTION 12. The State shall promote the
recommendation of the economic and preferential use of Filipino labor, domestic
planning agency, when the national interest materials and locally produced goods, and
dictates, reserve to citizens of the adopt measures that help make them
Philippines or to corporations or competitive.
associations at least sixty per centum of SECTION 13. The State shall pursue a
whose capital is owned by such citizens, or trade policy that serves the general welfare
such higher percentage as Congress may and utilizes all forms and arrangements of
prescribe, certain areas of investments. The exchange on the basis of equality and
Congress shall enact measures that will reciprocity.
encourage the formation and operation of SECTION 14. The sustained development
enterprises whose capital is wholly owned of a reservoir of national talents consisting
by Filipinos. In the grant of rights, privileges, of Filipino scientists, entrepreneurs,
and concessions covering the national professionals, managers, high-level
economy and patrimony, the State shall give technical manpower and skilled workers and
preference to qualified Filipinos. The State craftsmen in all fields shall be promoted by
shall regulate and exercise authority over the State. The State shall encourage
foreign investments within its national appropriate technology and regulate its
jurisdiction and in accordance with its transfer for the national benefit. The practice
national goals and priorities. of all professions in the Philippines shall be
SECTION 11. No franchise, certificate, or limited to Filipino citizens, save in cases
any other form of authorization for the prescribed by law.
operation of a public utility shall be granted SECTION 15. The Congress shall create an
except to citizens of the Philippines or to agency to promote the viability and growth
corporations or associations organized of cooperatives as instruments for social
under the laws of the Philippines at least justice and economic development.
sixty per centum of whose capital is owned SECTION 16. The Congress shall not,
by such citizens, nor shall such franchise, except by general law, provide for the
certificate, or authorization be exclusive in formation, organization, or regulation of
character or for a longer period than fifty private corporations. Government-owned or
years. Neither shall any such franchise or controlled corporations may be created or
right be granted except under the condition established by special charters in the
that it shall be subject to amendment, interest of the common good and subject to
alteration, or repeal by the Congress when the test of economic viability.
the common good so requires. The State SECTION 17. In times of national
shall encourage equity participation in public emergency, when the public interest so
utilities by the general public. The requires, the State may, during the
participation of foreign investors in the emergency and under reasonable terms
governing body of any public utility prescribed by it, temporarily take over or
enterprise shall be limited to their direct the operation of any privately owned
public utility or business affected with public ARTICLE XIII - Social Justice and Human
interest. Rights
SECTION 18. The State may, in the interest SECTION 1. The Congress shall give
of national welfare or defense, establish and highest priority to the enactment of
operate vital industries and, upon payment measures that protect and enhance the right
of just compensation, transfer to public of all the people to human dignity, reduce
ownership utilities and other private social, economic, and political inequalities,
enterprises to be operated by the and remove cultural inequities by equitably
Government. diffusing wealth and political power for the
SECTION 19. The State shall regulate or common good. To this end, the State shall
prohibit monopolies when the public interest regulate the acquisition, ownership, use,
so requires. No combinations in restraint of and disposition of property and its
trade or unfair competition shall be allowed. increments.
SECTION 20. The Congress shall establish SECTION 2. The promotion of social justice
an independent central monetary authority, shall include the commitment to create
the members of whose governing board economic opportunities based on freedom
must be natural-born Filipino citizens, of of initiative and self-reliance.
known probity, integrity, and patriotism, the Labor
majority of whom shall come from the SECTION 3. The State shall afford full
private sector. They shall also be subject to protection to labor, local and overseas,
such other qualifications and disabilities as organized and unorganized, and promote
may be prescribed by law. The authority full employment and equality of employment
shall provide policy direction in the areas of opportunities for all. It shall guarantee the
money, banking, and credit. It shall have rights of all workers to self-organization,
supervision over the operations of banks collective bargaining and negotiations, and
and exercise such regulatory powers as peaceful concerted activities, including the
may be provided by law over the operations right to strike in accordance with law. They
of finance companies and other institutions shall be entitled to security of tenure,
performing similar functions. Until the humane conditions of work, and a living
Congress otherwise provides, the Central wage. They shall also participate in policy
Bank of the Philippines, operating under and decision-making processes affecting
existing laws, shall function as the central their rights and benefits as may be provided
monetary authority. by law. The State shall promote the principle
SECTION 21. Foreign loans may only be of shared responsibility between workers
incurred in accordance with law and the and employers and the preferential use of
regulation of the monetary authority. voluntary modes in settling disputes,
Information on foreign loans obtained or including conciliation, and shall enforce their
guaranteed by the Government shall be mutual compliance therewith to foster
made available to the public. industrial peace. The State shall regulate
SECTION 22. Acts which circumvent or the relations between workers and
negate any of the provisions of this Article employers, recognizing the right of labor to
shall be considered inimical to the national its just share in the fruits of production and
interest and subject to criminal and civil the right of enterprises to reasonable
sanctions, as may be provided by law.
returns on investments, and to expansion distributed to them in the manner provided
and growth. by law.
Agrarian and Natural Resources Reform SECTION 7. The State shall protect the
SECTION 4. The State shall, by law, rights of subsistence fishermen, especially
undertake an agrarian reform program of local communities, to the preferential use
founded on the right of farmers and regular of local marine and fishing resources, both
farmworkers, who are landless, to own inland and offshore. It shall provide support
directly or collectively the lands they till or, in to such fishermen through appropriate
the case of other farmworkers, to receive a technology and research, adequate
just share of the fruits thereof. To this end, financial, production, and marketing
the State shall encourage and undertake assistance, and other services. The State
the just distribution of all agricultural lands, shall also protect, develop, and conserve
subject to such priorities and reasonable such resources. The protection shall extend
retention limits as the Congress may to offshore fishing grounds of subsistence
prescribe, taking into account ecological, fishermen against foreign intrusion.
developmental, or equity considerations, Fishworkers shall receive a just share from
and subject to the payment of just their labor in the utilization of marine and
compensation. In determining retention fishing resources.
limits, the State shall respect the right of SECTION 8. The State shall provide
small landowners. The State shall further incentives to landowners to invest the
provide incentives for voluntary proceeds of the agrarian reform program to
land-sharing. promote industrialization, employment
SECTION 5. The State shall recognize the creation, and privatization of public sector
right of farmers, farmworkers, and enterprises. Financial instruments used as
landowners, as well as cooperatives, and payment for their lands shall be honored as
other independent farmers’ organizations to equity in enterprises of their choice.
participate in the planning, organization, and Urban Land Reform and Housing
management of the program, and shall SECTION 9. The State shall, by law, and for
provide support to agriculture through the common good, undertake, in
appropriate technology and research, and cooperation with the public sector, a
adequate financial, production, marketing, continuing program of urban land reform
and other support services. and housing which will make available at
SECTION 6. The State shall apply the affordable cost decent housing and basic
principles of agrarian reform or stewardship, services to underprivileged and homeless
whenever applicable in accordance with citizens in urban centers and resettlements
law, in the disposition or utilization of other areas. It shall also promote adequate
natural resources, including lands of the employment opportunities to such citizens.
public domain under lease or concession In the implementation of such program the
suitable to agriculture, subject to prior rights, State shall respect the rights of small
homestead rights of small settlers, and the property owners.
rights of indigenous communities to their SECTION 10. Urban or rural poor dwellers
ancestral lands. The State may resettle shall not be evicted nor their dwellings
landless farmers and farmworkers in its own demolished, except in accordance with law
agricultural estates which shall be and in a just and humane manner. No
resettlement of urban or rural dwellers shall demonstrated capacity to promote the
be undertaken without adequate public interest and with identifiable
consultation with them and the communities leadership, membership, and structure.
where they are to be relocated. SECTION 16. The right of the people and
Health their organizations to effective and
SECTION 11. The State shall adopt an reasonable participation at all levels of
integrated and comprehensive approach to social, political, and economic
health development which shall endeavor to decision-making shall not be abridged. The
make essential goods, health and other State shall, by law, facilitate the
social services available to all the people at establishment of adequate consultation
affordable cost. There shall be priority for mechanisms.
the needs of the underprivileged sick, Human Rights
elderly, disabled, women, and children. The SECTION 17.
State shall endeavor to provide free medical (1) There is hereby created an independent
care to paupers. office called the Commission on Human
SECTION 12. The State shall establish and Rights.
maintain an effective food and drug (2) The Commission shall be composed of a
regulatory system and undertake Chairman and four Members who must be
appropriate health manpower development natural-born citizens of the Philippines and
and research, responsive to the country’s a majority of whom shall be members of the
health needs and problems. Bar. The term of office and other
SECTION 13. The State shall establish a qualifications and disabilities of the
special agency for disabled persons for Members of the Commission shall be
rehabilitation, self-development and provided by law.
self-reliance, and their integration into the (3) Until this Commission is constituted, the
mainstream of society. existing Presidential Committee on Human
Women Rights shall continue to exercise its present
SECTION 14. The State shall protect functions and powers.
working women by providing safe and (4) The approved annual appropriations of
healthful working conditions, taking into the Commission shall be automatically and
account their maternal functions, and such regularly released.
facilities and opportunities that will enhance SECTION 18. The Commission on Human
their welfare and enable them to realize Rights shall have the following powers and
their full potential in the service of the functions:
nation. (1) Investigate, on its own or on complaint
Role and Rights of People’s Organizations by any party, all forms of human rights
SECTION 15. The State shall respect the violations involving civil and political rights;
role of independent people’s organizations (2) Adopt its operational guidelines and
to enable the people to pursue and protect, rules of procedure, and cite for contempt for
within the democratic framework, their violations thereof in accordance with the
legitimate and collective interests and Rules of Court;
aspirations through peaceful and lawful (3) Provide appropriate legal measures for
means. People’s organizations are bona the protection of human rights of all persons
fide associations of citizens with within the Philippines, as well as Filipinos
residing abroad, and provide for preventive appropriate steps to make such education
measures and legal aid services to the accessible to all.
underprivileged whose human rights have SECTION 2. The State shall:
been violated or need protection; (1) Establish, maintain, and support a
(4) Exercise visitorial powers over jails, complete, adequate, and integrated system
prisons, or detention facilities; of education relevant to the needs of the
(5) Establish a continuing program of people and society;
research, education, and information to (2) Establish and maintain a system of free
enhance respect for the primacy of human public education in the elementary and high
rights; school levels. Without limiting the natural
(6) Recommend to the Congress effective right of parents to rear their children,
measures to promote human rights and to elementary education is compulsory for all
provide for compensation to victims of children of school age;
violations of human rights, or their families; (3) Establish and maintain a system of
(7) Monitor the Philippine Government’s scholarship grants, student loan programs,
compliance with international treaty subsidies, and other incentives which shall
obligations on human rights; be available to deserving students in both
(8) Grant immunity from prosecution to any public and private schools, especially to the
person whose testimony or whose underprivileged;
possession of documents or other evidence (4) Encourage non-formal, informal, and
is necessary or convenient to determine the indigenous learning systems, as well as
truth in any investigation conducted by it or self-learning, independent, and
under its authority; out-of-school study programs particularly
(9) Request the assistance of any those that respond to community needs;
department, bureau, office, or agency in the and
performance of its functions; (5) Provide adult citizens, the disabled, and
(10) Appoint its officers and employees in out-of-school youth with training in civics,
accordance with law; and vocational efficiency, and other skills.
(11) Perform such other duties and SECTION 3.
functions as may be provided by law. (1) All educational institutions shall include
SECTION 19. The Congress may provide the study of the Constitution as part of the
for other cases of violations of human rights curricula.
that should fall within the authority of the (2) They shall inculcate patriotism and
Commission, taking into account its nationalism, foster love of humanity, respect
recommendations. for human rights, appreciation of the role of
national heroes in the historical
ARTICLE XIV - Education, Science and development of the country, teach the rights
Technology, Arts, Culture, and Sports and duties of citizenship, strengthen ethical
and spiritual values, develop moral
Education character and personal discipline,
SECTION 1. The State shall protect and encourage critical and creative thinking,
promote the right of all citizens to quality broaden scientific and technological
education at all levels and shall take knowledge, and promote vocational
efficiency.
(3) At the option expressed in writing by the cooperatively owned, may likewise be
parents or guardians, religion shall be entitled to such exemptions subject to the
allowed to be taught to their children or limitations provided by law including
wards in public elementary and high schools restrictions on dividends and provisions for
within the regular class hours by instructors reinvestment.
designated or approved by the religious (4) Subject to conditions prescribed by law,
authorities of the religion to which the all grants, endowments, donations, or
children or wards belong, without additional contributions used actually, directly, and
cost to the Government. exclusively for educational purposes shall
SECTION 4. be exempt from tax.
(1) The State recognizes the SECTION 5.
complementary roles of public and private (1) The State shall take into account
institutions in the educational system and regional and sectoral needs and conditions
shall exercise reasonable supervision and and shall encourage local planning in the
regulation of all educational institutions. development of educational policies and
(2) Educational institutions, other than those programs.
established by religious groups and mission (2) Academic freedom shall be enjoyed in
boards, shall be owned solely by citizens of all institutions of higher learning.
the Philippines or corporations or (3) Every citizen has a right to select a
associations at least sixty per centum of the profession or course of study, subject to fair,
capital of which is owned by such citizens. reasonable, and equitable admission and
The Congress may, however, require academic requirements.
increased Filipino equity participation in all (4) The State shall enhance the right of
educational institutions. The control and teachers to professional advancement.
administration of educational institutions Non-teaching academic and non-academic
shall be vested in citizens of the Philippines. personnel shall enjoy the protection of the
No educational institution shall be State.
established exclusively for aliens and no (5) The State shall assign the highest
group of aliens shall comprise more than budgetary priority to education and ensure
one-third of the enrollment in any school. that teaching will attract and retain its
The provisions of this subsection shall not rightful share of the best available talents
apply to schools established for foreign through adequate remuneration and other
diplomatic personnel and their dependents means of job satisfaction and fulfillment.
and, unless otherwise provided by law, for Language
other foreign temporary residents. SECTION 6. The national language of the
(3) All revenues and assets of non-stock, Philippines is Filipino. As it evolves, it shall
non-profit educational institutions used be further developed and enriched on the
actually, directly, and exclusively for basis of existing Philippine and other
educational purposes shall be exempt from languages. Subject to provisions of law and
taxes and duties. Upon the dissolution or as the Congress may deem appropriate, the
cessation of the corporate existence of such Government shall take steps to initiate and
institutions, their assets shall be disposed of sustain the use of Filipino as a medium of
in the manner provided by law. Proprietary official communication and as language of
educational institutions, including those instruction in the educational system.
SECTION 7. For purposes of technology from all sources for the national
communication and instruction, the official benefit. It shall encourage the widest
languages of the Philippines are Filipino participation of private groups, local
and, until otherwise provided by law, governments, and community-based
English. The regional languages are the organizations in the generation and
auxiliary official languages in the regions utilization of science and technology.
and shall serve as auxiliary media of SECTION 13. The State shall protect and
instruction therein. Spanish and Arabic shall secure the exclusive rights of scientists,
be promoted on a voluntary and optional inventors, artists, and other gifted citizens to
basis. their intellectual property and creations,
SECTION 8. This Constitution shall be particularly when beneficial to the people,
promulgated in Filipino and English and for such period as may be provided by law.
shall be translated into major regional Arts and Culture
languages, Arabic, and Spanish. SECTION 14. The State shall foster the
SECTION 9. The Congress shall establish a preservation, enrichment, and dynamic
national language commission composed of evolution of a Filipino national culture based
representatives of various regions and on the principle of unity in diversity in a
disciplines which shall undertake, climate of free artistic and intellectual
coordinate, and promote researches for the expression.
development, propagation, and preservation SECTION 15. Arts and letters shall enjoy
of Filipino and other languages. the patronage of the State. The State shall
Science and Technology conserve, promote, and popularize the
SECTION 10. Science and technology are nation’s historical and cultural heritage and
essential for national development and resources, as well as artistic creations.
progress. The State shall give priority to SECTION 16. All the country’s artistic and
research and development, invention, historic wealth constitutes the cultural
innovation, and their utilization; and to treasure of the nation and shall be under the
science and technology education, training, protection of the State which may regulate
and services. It shall support indigenous, its disposition.
appropriate, and self-reliant scientific and SECTION 17. The State shall recognize,
technological capabilities, and their respect, and protect the rights of indigenous
application to the country’s productive cultural communities to preserve and
systems and national life. develop their cultures, traditions, and
SECTION 11. The Congress may provide institutions. It shall consider these rights in
for incentives, including tax deductions, to the formulation of national plans and
encourage private participation in programs policies.
of basic and applied scientific research. SECTION 18.
Scholarships, grants-in-aid, or other forms (1) The State shall ensure equal access to
of incentives shall be provided to deserving cultural opportunities through the
science students, researchers, scientists, educational system, public or private
inventors, technologists, and specially gifted cultural entities, scholarships, grants and
citizens. other incentives, and community cultural
SECTION 12. The State shall regulate the centers, and other public venues.
transfer and promote the adaptation of
(2) The State shall encourage and support also do so through just programs of social
researches and studies on the arts and security.
culture.
Sports ARTICLE XVI - General Provisions
SECTION 19. SECTION 1. The flag of the Philippines
(1) The State shall promote physical shall be red, white, and blue, with a sun and
education and encourage sports programs, three stars, as consecrated and honored by
league competitions, and amateur sports, the people and recognized by law.
including training for international SECTION 2. The Congress may, by law,
competitions, to foster self-discipline, adopt a new name for the country, a
teamwork, and excellence for the national anthem, or a national seal, which
development of a healthy and alert citizenry. shall all be truly reflective and symbolic of
(2) All educational institutions shall the ideals, history, and traditions of the
undertake regular sports activities people. Such law shall take effect only upon
throughout the country in cooperation with its ratification by the people in a national
athletic clubs and other sectors. referendum.
SECTION 3. The State may not be sued
ARTICLE XV - The Family without its consent.
SECTION 1. The State recognizes the SECTION 4. The Armed Forces of the
Filipino family as the foundation of the Philippines shall be composed of a citizen
nation. Accordingly, it shall strengthen its armed force which shall undergo military
solidarity and actively promote its total training and serve, as may be provided by
development. law. It shall keep a regular force necessary
SECTION 2. Marriage, as an inviolable for the security of the State.
social institution, is the foundation of the SECTION 5.
family and shall be protected by the State. (1) All members of the armed forces shall
SECTION 3. The State shall defend: take an oath or affirmation to uphold and
(1) The right of spouses to found a family in defend this Constitution.
accordance with their religious convictions (2) The State shall strengthen the patriotic
and the demands of responsible spirit and nationalist consciousness of the
parenthood; military, and respect for people’s rights in
(2) The right of children to assistance, the performance of their duty.
including proper care and nutrition, and (3) Professionalism in the armed forces and
special protection from all forms of neglect, adequate remuneration and benefits of its
abuse, cruelty, exploitation, and other members shall be a prime concern of the
conditions prejudicial to their development; State. The armed forces shall be insulated
(3) The right of the family to a family living from partisan politics. No member of the
wage and income; and military shall engage directly or indirectly in
(4) The right of families or family any partisan political activity, except to vote.
associations to participate in the planning (4) No member of the armed forces in the
and implementation of policies and active service shall, at any time, be
programs that affect them. appointed or designated in any capacity to a
SECTION 4. The family has the duty to care civilian position in the Government including
for its elderly members but the State may
government-owned or controlled across the country, in accordance with a
corporations or any of their subsidiaries. policy that respects the freedom of speech
(5) Laws on retirement of military officers and of the press.
shall not allow extension of their service. SECTION 11.
(6) The officers and men of the regular force (1) The ownership and management of
of the armed forces shall be recruited mass media shall be limited to citizens of
proportionately from all provinces and cities the Philippines, or to corporations,
as far as practicable. cooperatives or associations, wholly-owned
(7) The tour of duty of the Chief of Staff of and managed by such citizens. The
the armed forces shall not exceed three Congress shall regulate or prohibit
years. However, in times of war or other monopolies in commercial mass media
national emergency declared by the when the public interest so requires. No
Congress, the President may extend such combinations in restraint of trade or unfair
tour of duty. competition therein shall be allowed.
SECTION 6. The State shall establish and (2) The advertising industry is impressed
maintain one police force, which shall be with public interest, and shall be regulated
national in scope and civilian in character, to by law for the protection of consumers and
be administered and controlled by a national the promotion of the general welfare. Only
police commission. The authority of local Filipino citizens or corporations or
executives over the police units in their associations at least seventy per centum of
jurisdiction shall be provided by law. the capital of which is owned by such
SECTION 7. The State shall provide citizens shall be allowed to engage in the
immediate and adequate care, benefits, and advertising industry. The participation of
other forms of assistance to war veterans foreign investors in the governing body of
and veterans of military campaigns, their entities in such industry shall be limited to
surviving spouses and orphans. Funds shall their proportionate share in the capital
be provided therefor and due consideration thereof, and all the executive and managing
shall be given them in the disposition of officers of such entities must be citizens of
agricultural lands of the public domain and, the Philippines.
in appropriate cases, in the utilization of SECTION 12. The Congress may create a
natural resources. consultative body to advise the President on
SECTION 8. The State shall, from time to policies affecting indigenous cultural
time, review to upgrade the pensions and communities, the majority of the members
other benefits due to retirees of both the of which shall come from such communities
government and the private sectors.
SECTION 9. The State shall protect ARTICLE XVII - Amendments or Revisions.
consumers from trade malpractices and SECTION 1. Any amendment to, or revision
from substandard or hazardous products. of, this Constitution may be proposed by:
SECTION 10. The State shall provide the (1) The Congress, upon a vote of
policy environment for the full development three-fourths of all its Members; or
of Filipino capability and the emergence of (2) A constitutional convention.
communication structures suitable to the SECTION 2. Amendments to this
needs and aspirations of the nation and the Constitution may likewise be directly
balanced flow of information into, out of, and proposed by the people through initiative
upon a petition of at least twelve per centum officials first elected under this Constitution
of the total number of registered voters, of shall serve until noon of June 30, 1992. Of
which every legislative district must be the Senators elected in the election of 1992,
represented by at least three per centum of the first twelve obtaining the highest number
the registered voters therein. No of votes shall serve for six years and the
amendment under this section shall be remaining twelve for three years.
authorized within five years following the SECTION 3. All existing laws, decrees,
ratification of this Constitution nor oftener executive orders, proclamations, letters of
than once every five years thereafter. The instructions, and other executive issuances
Congress shall provide for the not inconsistent with this Constitution shall
implementation of the exercise of this right. remain operative until amended, repealed,
SECTION 3. The Congress may, by a vote or revoked.
of two-thirds of all its Members, call a SECTION 4. All existing treaties or
constitutional convention, or by a majority international agreements which have not
vote of all its Members, submit to the been ratified shall not be renewed or
electorate the question of calling such a extended without the concurrence of at least
convention. two-thirds of all the Members of the Senate.
SECTION 4. Any amendment to, or revision SECTION 5. The six-year term of the
of, this Constitution under Section 1 hereof incumbent President and Vice-President
shall be valid when ratified by a majority of elected in the February 7, 1986 election is,
the votes cast in a plebiscite which shall be for purposes of synchronization of elections,
held not earlier than sixty days nor later hereby extended to noon of June 30, 1992.
than ninety days after the approval of such The first regular elections for the President
amendment or revision. Any amendment and Vice-President under this Constitution
under Section 2 hereof shall be valid when shall be held on the second Monday of May,
ratified by a majority of the votes cast in a 1992.
plebiscite which shall be held not earlier SECTION 6. The incumbent President shall
than sixty days nor later than ninety days continue to exercise legislative powers until
after the certification by the Commission on the first Congress is convened.
Elections of the sufficiency of the petition. SECTION 7. Until a law is passed, the
President may fill by appointment from a list
ARTICLE XVIII - Transitory Provisions of nominees by the respective sectors the
SECTION 1. The first elections of Members seats reserved for sectoral representation in
of the Congress under this Constitution shall paragraph (2), Section 5 of Article VI of this
be held on the second Monday of May, Constitution.
1987. The first local elections shall be held SECTION 8. Until otherwise provided by the
on a date to be determined by the Congress, the President may constitute the
President, which may be simultaneous with Metropolitan Authority to be composed of
the election of the Members of the the heads of all local government units
Congress. It shall include the election of all comprising the Metropolitan Manila area.
Members of the city or municipal councils in SECTION 9. A sub-province shall continue
the Metropolitan Manila area. to exist and operate until it is converted into
SECTION 2. The Senators, Members of the a regular province or until its component
House of Representatives, and the local
municipalities are reverted to the mother Constitution, unless they are sooner
province. removed for cause or become incapacitated
SECTION 10. All courts existing at the time to discharge the duties of their office or
of the ratification of this Constitution shall appointed to a new term thereunder. In no
continue to exercise their jurisdiction, until case shall any Member serve longer than
otherwise provided by law. The provisions of seven years including service before the
the existing Rules of Court, judiciary acts, ratification of this Constitution.
and procedural laws not inconsistent with SECTION 16. Career civil service
this Constitution shall remain operative employees separated from the service not
unless amended or repealed by the for cause but as a result of the
Supreme Court or the Congress. reorganization pursuant to Proclamation No.
SECTION 11. The incumbent Members of 3 dated March 25, 1986 and the
the Judiciary shall continue in office until reorganization following the ratification of
they reach the age of seventy years or this Constitution shall be entitled to
become incapacitated to discharge the appropriate separation pay and to
duties of their office or are removed for retirement and other benefits accruing to
cause. them under the laws of general application
SECTION 12. The Supreme Court shall, in force at the time of their separation. In
within one year after the ratification of this lieu thereof, at the option of the employees,
Constitution, adopt a systematic plan to they may be considered for employment in
expedite the decision or resolution of cases the Government or in any of its
or matters pending in the Supreme Court or subdivisions, instrumentalities, or agencies,
the lower courts prior to the effectivity of this including government-owned or controlled
Constitution. A similar plan shall be adopted corporations and their subsidiaries. This
for all special courts and quasi-judicial provision also applies to career officers
bodies. whose resignation, tendered in line with the
SECTION 13. The legal effect of the lapse, existing policy, had been accepted.
before the ratification of this Constitution, of SECTION 17. Until the Congress provides
the applicable period for the decision or otherwise, the President shall receive an
resolution of the cases or matters submitted annual salary of three hundred thousand
for adjudication by the courts, shall be pesos; the Vice-President, the President of
determined by the Supreme Court as soon the Senate, the Speaker of the House of
as practicable. Representatives, and the Chief Justice of
SECTION 14. The provisions of paragraphs the Supreme Court, two hundred forty
(3) and (4), Section 15 of Article VIII of this thousand pesos each; the Senators, the
Constitution shall apply to cases or matters Members of the House of Representatives,
filed before the ratification of this the Associate Justices of the Supreme
Constitution, when the applicable period Court, and the Chairmen of the
lapses after such ratification. Constitutional Commissions, two hundred
SECTION 15. The incumbent Members of four thousand pesos each; and the
the Civil Service Commission, the Members of the Constitutional
Commission on Elections, and the Commissions, one hundred eighty thousand
Commission on Audit shall continue in office pesos each.
for one year after the ratification of this
SECTION 18. At the earliest possible time, Defense Forces not consistent with the
the Government shall increase the salary citizen armed force established in this
scales of the other officials and employees Constitution, shall be dissolved or, where
of the National Government. appropriate, converted into the regular
SECTION 19. All properties, records, force.
equipment, buildings, facilities, and other SECTION 25. After the expiration in 1991 of
assets of any office or body abolished or the Agreement between the Republic of the
reorganized under Proclamation No. 3 Philippines and the United States of
dated March 25, 1986 or this Constitution America concerning Military Bases, foreign
shall be transferred to the office or body to military bases, troops, or facilities shall not
which its powers, functions, and be allowed in the Philippines except under a
responsibilities substantially pertain. treaty duly concurred in by the Senate and,
SECTION 20. The first Congress shall give when the Congress so requires, ratified by a
priority to the determination of the period for majority of the votes cast by the people in a
the full implementation of free public national referendum held for that purpose,
secondary education. and recognized as a treaty by the other
SECTION 21. The Congress shall provide contracting State.
efficacious procedures and adequate SECTION 26. The authority to issue
remedies for the reversion to the State of all sequestration or freeze orders under
lands of the public domain and real rights Proclamation No. 3 dated March 25, 1986 in
connected therewith which were acquired in relation to the recovery of ill-gotten wealth
violation of the Constitution or the public shall remain operative for not more than
land laws, or through corrupt practices. No eighteen months after the ratification of this
transfer or disposition of such lands or real Constitution. However, in the national
rights shall be allowed until after the lapse interest, as certified by the President, the
of one year from the ratification of this Congress may extend said period. A
Constitution. sequestration or freeze order shall be
SECTION 22. At the earliest possible time, issued only upon showing of a prima facie
the Government shall expropriate idle or case. The order and the list of the
abandoned agricultural lands as may be sequestered or frozen properties shall
defined by law, for distribution to the forthwith be registered with the proper court.
beneficiaries of the agrarian reform For orders issued before the ratification of
program. this Constitution, the corresponding judicial
SECTION 23. Advertising entities affected action or proceeding shall be filed within six
by paragraph (2), Section 11 of Article XVI months from its ratification. For those issued
of this Constitution shall have five years after such ratification, the judicial action or
from its ratification to comply on a proceeding shall be commenced within six
graduated and proportionate basis with the months from the issuance thereof. The
minimum Filipino ownership requirement sequestration or freeze order is deemed
therein. automatically lifted if no judicial action or
SECTION 24. Private armies and other proceeding is commenced as herein
armed groups not recognized by duly provided.
constituted authority shall be dismantled. All
paramilitary forces including Civilian Home
SECTION 27. This Constitution shall take
effect immediately upon its ratification by a
majority of the votes cast in a plebiscite held
for the purpose and shall supersede all
previous Constitutions.