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THE 1987 CONSTITUTION

OF THE
REPUBLIC OF THE PHILIPPINES ARTICLE II
DECLARATION OF PRINCIPLES AND
PREAMBLE STATE POLICIES
PRINCIPLES
We, the sovereign Filipino people,
imploring the aid of Almighty God, in Section 1. The Philippines is a
order to build a democratic and republican State.
just and humane society, and establish a Sovereignty resides in
Government that shall embody our the people and all government authority
ideals and emanates from them.
aspirations, promote the common good, Section 2. The Philippines renounces
conserve and develop our patrimony, war as an instrument of national policy,
and adopts the
secure to ourselves and our posterity, generally accepted principles of
the blessings of independence and international law as part of the law of
democracy the land and
under the rule of law and a regime of adheres to the policy of peace, equality,
truth, justice, freedom, love, equality, justice, freedom, cooperation, and amity
and peace, with all
do ordain and promulgate this nations.
Constitution. Section 3. Civilian authority is, at all
times, supreme over the military. The
ARTICLE I Armed
NATIONAL TERRITORY Forces of the Philippines is the protector
of the people and the State. Its goal is to
The national territory comprises the secure
Philippine archipelago, with all the the sovereignty of the State and the
islands and integrity of the national territory.
waters embraced therein, and all other Section 4. The prime duty of the
territories over which the Philippines Government is to serve and protect the
has people. The
sovereignty or jurisdiction, consisting of Government may call upon the people to
its terrestrial, fluvial and aerial domains, defend the State and, in the fulfillment
including its territorial sea, the seabed, thereof,
the subsoil, the insular shelves, and all citizens may be required, under
other conditions provided by law, to render
submarine areas. The waters around, personal,
between, and connecting the islands of military or civil service.
the Section 5. The maintenance of peace and
archipelago, regardless of their breadth order, the protection of life, liberty, and
and dimensions, form part of the property, and promotion of the general
internal waters welfare are essential for the enjoyment
of the Philippines. by all the
people of the blessings of democracy.
Section 6. The separation of Church and development of moral character shall
State shall be inviolable. receive the support of the Government.
Section 13. The State recognizes the vital
STATE POLICIES role of the youth in nation-building and
Section 7. The State shall pursue an shall
independent foreign policy. In its promote and protect their physical,
relations with moral, spiritual, intellectual, and social
other states, the paramount well-being.
consideration shall be national It shall inculcate in the youth patriotism
sovereignty, territorial and nationalism, and encourage their
integrity, national interest, and the right involvement in public and civic affairs.
to self-determination. Section 14. The State recognizes the role
Section 8. The Philippines, consistent of women in nation-building, and shall
with the national interest, adopts and ensure
pursues a the fundamental equality before the law
policy of freedom from nuclear weapons of women and men.
in its territory. Section 15. The State shall protect and
Section 9. The State shall promote a just promote the right to health of the people
and dynamic social order that will and
ensure the instill health consciousness among
prosperity and independence of the them.
nation and free the people from poverty Section 16. The State shall protect and
through advance the right of the people to a
policies that provide adequate social balanced and
services, promote full employment, a healthful ecology in accord with the
rising rhythm and harmony of nature.
standard of living, and an improved Section 17. The State shall give priority
quality of life for all. to education, science and technology,
Section 10. The State shall promote arts,
social justice in all phases of national culture, and sports to foster patriotism
development. and nationalism, accelerate social
Section 11. The State values the dignity progress, and
of every human person and guarantees promote total human liberation and
full development.
respect for human rights. Section 18. The State affirms labor as a
Section 12. The State recognizes the primary social economic force. It shall
sanctity of family life and shall protect protect
and the rights of workers and promote their
strengthen the family as a basic welfare.
autonomous social institution. It shall Section 19. The State shall develop a
equally protect self-reliant and independent national
the life of the mother and the life of the economy
unborn from conception. The natural effectively controlled by Filipinos.
and Section 20. The State recognizes the
primary right and duty of parents in the indispensable role of the private sector,
rearing of the youth for civic efficiency encourages
and the
private enterprise, and provides law, nor shall any person be denied the
incentives to needed investments. equal protection of the laws.
Section 21. The State shall promote Section 2. The right of the people to be
comprehensive rural development and secure in their persons, houses, papers,
agrarian and
reform. effects against unreasonable searches
Section 22. The State recognizes and and seizures of whatever nature and for
promotes the rights of indigenous any
cultural purpose shall be inviolable, and no
communities within the framework of search warrant or warrant of arrest shall
national unity and development. issue except
Section 23. The State shall encourage upon probable cause to be determined
non-governmental, community-based, personally by the judge after
or sectoral examination under
organizations that promote the welfare oath or affirmation of the complainant
of the nation. and the witnesses he may produce, and
Section 24. The State recognizes the particularly describing the place to be
vital role of communication and searched and the persons or things to be
information in seized.
nation-building. Section 3. (1) The privacy of
Section 25. The State shall ensure the communication and correspondence
autonomy of local governments. shall be inviolable
Section 26. The State shall guarantee except upon lawful order of the court, or
equal access to opportunities for public when public safety or order requires
service and otherwise,
prohibit political dynasties as may be as prescribed by law.
defined by law. (2) Any evidence obtained in violation of
Section 27. The State shall maintain this or the preceding section shall be
honesty and integrity in the public inadmissible for any purpose in any
service and take proceeding.
positive and effective measures against Section 4. No law shall be passed
graft and corruption. abridging the freedom of speech, of
Section 28. Subject to reasonable expression, or of
conditions prescribed by law, the State the press, or the right of the people
adopts and peaceably to assemble and petition the
implements a policy of full public government
disclosure of all its transactions for redress of grievances.
involving public Section 5. No law shall be made
interest. respecting an establishment of religion,
or prohibiting
ARTICLE III the free exercise thereof. The free
BILL OF RIGHTS exercise and enjoyment of religious
profession and
Section 1. No person shall be deprived of worship, without discrimination or
life, liberty, or property without due preference, shall forever be allowed. No
process of religious
test shall be required for the exercise of independent counsel preferably of his
civil or political rights. own choice. If the person cannot afford
Section 6. The liberty of abode and of the
changing the same within the limits services of counsel, he must be provided
prescribed by with one. These rights cannot be waived
law shall not be impaired except upon except
lawful order of the court. Neither shall in writing and in the presence of
the right counsel.
to travel be impaired except in the (2) No torture, force, violence, threat,
interest of national security, public intimidation, or any other means which
safety, or public vitiate the
health, as may be provided by law. free will shall be used against him.
Section 7. The right of the people to Secret detention places, solitary,
information on matters of public incommunicado, or
concern shall be other similar forms of detention are
recognized. Access to official records, prohibited.
and to documents and papers pertaining (3) Any confession or admission
to official obtained in violation of this or Section
acts, transactions, or decisions, as well 17 hereof shall
as to government research data used as be inadmissible in evidence against him.
basis for (4) The law shall provide for penal and
policy development, shall be afforded civil sanctions for violations of this
the citizen, subject to such limitations as section as
may be well as compensation to the
provided by law. rehabilitation of victims of torture or
Section 8. The right of the people, similar practices, and
including those employed in the public their families.
and private Section 13. All persons, except those
sectors, to form unions, associations, or charged with offenses punishable by
societies for purposes not contrary to reclusion
law shall perpetua when evidence of guilt is
not be abridged. strong, shall, before conviction, be
Section 9. Private property shall not be bailable by
taken for public use without just sufficient sureties, or be released on
compensation. recognizance as may be provided by law.
Section 10. No law impairing the The right
obligation of contracts shall be passed. to bail shall not be impaired even when
Section 11. Free access to the courts and the privilege of the writ of habeas
quasi-judicial bodies and adequate legal corpus is
assistance shall not be denied to any suspended. Excessive bail shall not be
person by reason of poverty. required.
Section 12. (1) Any person under Section 14. (1) No person shall be held to
investigation for the commission of an answer for a criminal offense without
offense shall due
have the right to be informed of his right process of law.
to remain silent and to have competent
and
(2) In all criminal prosecutions, the punishment inflicted. Neither shall
accused shall be presumed innocent death penalty be imposed, unless, for
until the compelling
contrary is proved, and shall enjoy the reasons involving heinous crimes, the
right to be heard by himself and counsel, Congress hereafter provides for it. Any
to be death
informed of the nature and cause of the penalty already imposed shall be
accusation against him, to have a reduced to reclusion perpetua.
speedy, (2) The employment of physical,
impartial, and public trial, to meet the psychological, or degrading punishment
witnesses face to face, and to have against any
compulsory prisoner or detainee or the use of
process to secure the attendance of substandard or inadequate penal
witnesses and the production of facilities under
evidence in his subhuman conditions shall be dealt with
behalf. However, after arraignment, trial by law.
may proceed notwithstanding the Section 20. No person shall be
absence of imprisoned for debt or non-payment of
the accused: Provided, that he has been a poll tax.
duly notified and his failure to appear is Section 21. No person shall be twice put
unjustifiable. in jeopardy of punishment for the same
Section 15. The privilege of the writ of offense.
habeas corpus shall not be suspended If an act is punished by a law and an
except in ordinance, conviction or acquittal under
cases of invasion or rebellion, when the either
public safety requires it. shall constitute a bar to another
Section 16. All persons shall have the prosecution for the same act.
right to a speedy disposition of their Section 22. No ex post facto law or bill
cases before of attainder shall be enacted.
all judicial, quasi-judicial, or
administrative bodies. ARTICLE IV
Section 17. No person shall be compelled CITIZENSHIP
to be a witness against himself.
Section 18. (1) No person shall be Section 1. The following are citizens of
detained solely by reason of his political the Philippines:
beliefs and [1] Those who are citizens of the
aspirations. Philippines at the time of the adoption
(2) No involuntary servitude in any form of this
shall exist except as a punishment for a Constitution;
crime [2] Those whose fathers or mothers are
whereof the party shall have been duly citizens of the Philippines;
convicted. [3] Those born before January 17, 1973,
Section 19. (1) Excessive fines shall not of Filipino mothers, who elect Philippine
be imposed, nor cruel, degrading or citizenship upon reaching the age of
inhuman majority; and
[4] Those who are naturalized in
accordance with law.
Section 2. Natural-born citizens are the ballot as well as a system for
those who are citizens of the Philippines absentee voting by qualified Filipinos
from birth abroad.
without having to perform any act to The Congress shall also design a
acquire or perfect their Philippine procedure for the disabled and the
citizenship. illiterates to vote
Those who elect Philippine citizenship without the assistance of other persons.
in accordance with paragraph (3), Until then, they shall be allowed to vote
Section 1 under
hereof shall be deemed natural-born existing laws and such rules as the
citizens. Commission on Elections may
Section 3. Philippine citizenship may be promulgate to protect
lost or reacquired in the manner the secrecy of the ballot.
provided by
law. ARTICLE VI
Section 4. Citizens of the Philippines THE LEGISLATIVE DEPARTMENT
who marry aliens shall retain their
citizenship, Section 1. The legislative power shall be
unless by their act or omission, they are vested in the Congress of the Philippines
deemed, under the law, to have which
renounced it. shall consist of a Senate and a House of
Section 5. Dual allegiance of citizens is Representatives, except to the extent
inimical to the national interest and reserved to
shall be the people by the provision on initiative
dealt with by law. and referendum.
Section 2. The Senate shall be composed
ARTICLE V of twenty-four Senators who shall be
SUFFRAGE elected at
large by the qualified voters of the
Section 1. Suffrage may be exercised by Philippines, as may be provided by law.
all citizens of the Philippines not Section 3. No person shall be a Senator
otherwise unless he is a natural-born citizen of the
disqualified by law, who are at least Philippines and, on the day of the
eighteen years of age, and who shall election, is at least thirty-five years of
have resided in age, able to read
the Philippines for at least one year, and and write, a registered voter, and a
in the place wherein they propose to resident of the Philippines for not less
vote, for at than two years
least six months immediately preceding immediately preceding the day of the
the election. No literacy, property, or election.
other Section 4. The term of office of the
substantive requirement shall be Senators shall be six years and shall
imposed on the exercise of suffrage. commence,
Section 2. The Congress shall provide a unless otherwise provided by law, at
system for securing the secrecy and noon on the thirtieth day of June next
sanctity of following
their election. No Senator shall serve for and adjacent territory. Each city with a
more than two consecutive terms. population of at least two hundred fifty
Voluntary thousand, or each province, shall have at
renunciation of the office for any length least one representative.
of time shall not be considered as an (4) Within three years following the
interruption in the continuity of his return of every census, the Congress
service for the full term of which he was shall make a
elected. reapportionment of legislative districts
Section 5. (1) The House of based on the standards provided in this
Representatives shall be composed of section.
not more than two Section 6. No person shall be a Member
hundred and fifty members, unless of the House of Representatives unless
otherwise fixed by law, who shall be he is a
elected from natural-born citizen of the Philippines
legislative districts apportioned among and, on the day of the election, is at least
the provinces, cities, and the twentyfive
Metropolitan years of age, able to read and write, and,
Manila area in accordance with the except the party-list representatives, a
number of their respective inhabitants, registered voter in the district in which
and on the he shall be elected, and a resident
basis of a uniform and progressive ratio, thereof for a
and those who, as provided by law, shall period of not less than one year
be immediately preceding the day of the
elected through a party-list system of election.
registered national, regional, and Section 7. The Members of the House of
sectoral parties Representatives shall be elected for a
or organizations. term of
(2) The party-list representatives shall three years which shall begin, unless
constitute twenty per centum of the total otherwise provided by law, at noon on
number the thirtieth
of representatives including those under day of June next following their election.
the party list. For three consecutive No Member of the House of
terms after Representatives
the ratification of this Constitution, one- shall serve for more than three
half of the seats allocated to party-list consecutive terms. Voluntary
representatives shall be filled, as renunciation of the office
provided by law, by selection or election for any length of time shall not be
from the considered as an interruption in the
labor, peasant, urban poor, indigenous continuity of his
cultural communities, women, youth, service for the full term for which he was
and such elected.
other sectors as may be provided by law, Section 8. Unless otherwise provided by
except the religious sector. law, the regular election of the Senators
(3) Each legislative district shall and the
comprise, as far as practicable, Members of the House of
contiguous, compact, Representatives shall be held on the
second Monday of May.
Section 9. In case of vacancy in the office or employment in the
Senate or in the House of Government, or any subdivision, agency,
Representatives, a special or instrumentality
election may be called to fill such thereof, including government-owned or
vacancy in the manner prescribed by controlled corporations or their
law, but the subsidiaries,
Senator or Member of the House of during his term without forfeiting his
Representatives thus elected shall serve seat. Neither shall he be appointed to
only for the any office
unexpired term. which may have been created or the
Section 10. The salaries of Senators and emoluments thereof increased during
Members of the House of the term for
Representatives shall which he was elected.
be determined by law. No increase in Section 14. No Senator or Member of the
said compensation shall take effect until House of Representatives may
after the personally
expiration of the full term of all the appear as counsel before any court of
Members of the Senate and the House of justice or before the Electoral Tribunals,
Representatives approving such or quasijudicial
increase. and other administrative bodies. Neither
Section 11. A Senator or Member of the shall he, directly or indirectly, be
House of Representatives shall, in all interested financially in any contract
offenses with, or in any franchise or special
punishable by not more than six years privilege
imprisonment, be privileged from arrest granted by the Government, or any
while the subdivision, agency, or instrumentality
Congress is in session. No Member shall thereof,
be questioned nor be held liable in any including any government-owned or
other controlled corporation, or its subsidiary,
place for any speech or debate in the during his
Congress or in any committee thereof. term of office. He shall not intervene in
Section 12. All Members of the Senate any matter before any office of the
and the House of Representatives shall, Government
upon for his pecuniary benefit or where he
assumption of office, make a full may be called upon to act on account of
disclosure of their financial and business his office.
interests. Section 15. The Congress shall convene
They shall notify the House concerned of once every year on the fourth Monday of
a potential conflict of interest that may July for
arise its regular session, unless a different
from the filing of a proposed legislation date is fixed by law, and shall continue
of which they are authors. to be in
Section 13. No Senator or Member of the session for such number of days as it
House of Representatives may hold any may determine until thirty days before
other the opening
of its next regular session, exclusive of other, adjourn for more than three days,
Saturdays, Sundays, and legal holidays. nor to any other place than that in which
The the
President may call a special session at two Houses shall be sitting.
any time. Section 17. The Senate and the House of
Section 16. (1). The Senate shall elect its Representatives shall each have an
President and the House of Electoral
Representatives, its Tribunal which shall be the sole judge of
Speaker, by a majority vote of all its all contests relating to the election,
respective Members. Each House shall returns,
choose such and qualifications of their respective
other officers as it may deem necessary. Members. Each Electoral Tribunal shall
(2) A majority of each House shall be
constitute a quorum to do business, but composed of nine Members, three of
a smaller whom shall be Justices of the Supreme
number may adjourn from day to day Court to be
and may compel the attendance of designated by the Chief Justice, and the
absent remaining six shall be Members of the
Members in such manner, and under Senate or
such penalties, as such House may the House of Representatives, as the
provide. case may be, who shall be chosen on the
(3) Each House may determine the rules basis of
of its proceedings, punish its Members proportional representation from the
for political parties and the parties or
disorderly behavior, and, with the organizations
concurrence of two-thirds of all its registered under the party-list system
Members, suspend represented therein. The senior Justice
or expel a Member. A penalty of in the
suspension, when imposed, shall not Electoral Tribunal shall be its Chairman.
exceed sixty days. Section 18. There shall be a Commission
(4) Each House shall keep a Journal of on Appointments consisting of the
its proceedings, and from time to time President of
publish the Senate, as ex officio Chairman,
the same, excepting such parts as may, twelve Senators, and twelve Members of
in its judgment, affect national security; the House
and the of Representatives, elected by each
yeas and nays on any question shall, at House on the basis of proportional
the request of one-fifth of the Members representation
present, from the political parties and parties or
be entered in the Journal. Each House organizations registered under the
shall also keep a Record of its party-list
proceedings. system represented therein. The
(5) Neither House during the sessions of chairman of the Commission shall not
the Congress shall, without the consent vote, except in
of the case of a tie. The Commission shall act
on all appointments submitted to it
within thirty
session days of the Congress from their departments. Written questions shall be
submission. The Commission shall rule submitted to the President of the Senate
by a or the
majority vote of all the Members. Speaker of the House of Representatives
Section 19. The Electoral Tribunals and at least three days before their
the Commission on Appointments shall scheduled
be appearance. Interpellations shall not be
constituted within thirty days after the limited to written questions, but may
Senate and the House of cover
Representatives shall matters related thereto. When the
have been organized with the election of security of the State or the public
the President and the Speaker. The interest so requires
Commission on Appointments shall and the President so states in writing,
meet only while the Congress is in the appearance shall be conducted in
session, at the executive
call of its Chairman or a majority of all session.
its Members, to discharge such powers Section 23. (1) The Congress, by a vote
and of two-thirds of both Houses in joint
functions as are herein conferred upon session
it. assembled, voting separately, shall have
Section 20. The records and books of the sole power to declare the existence
accounts of the Congress shall be of a state
preserved and be of war.
open to the public in accordance with (2) In times of war or other national
law, and such books shall be audited by emergency, the Congress may, by law,
the authorize the
Commission on Audit which shall President, for a limited period and
publish annually an itemized list of subject to such restrictions as it may
amounts paid to prescribe, to
and expenses incurred for each Member. exercise powers necessary and proper to
Section 21. The Senate or the House of carry out a declared national policy.
Representatives or any of its respective Unless
committees may conduct inquiries in aid sooner withdrawn by resolution of the
of legislation in accordance with its duly Congress, such powers shall cease upon
published rules of procedure. The rights the next
of persons appearing in, or affected by, adjournment thereof.
such Section 24. All appropriation, revenue or
inquiries shall be respected. tariff bills, bills authorizing increase of
Section 22. The heads of departments the
may, upon their own initiative, with the public debt, bills of local application,
consent and private bills, shall originate
of the President, or upon the request of exclusively in the
either House, as the rules of each House House of Representatives, but the
shall Senate may propose or concur with
provide, appear before and be heard by amendments.
such House on any matter pertaining to
their
Section 25. (1) The Congress may not (6) Discretionary funds appropriated for
increase the appropriations particular officials shall be disbursed
recommended by the only for
President for the operation of the public purposes to be supported by
Government as specified in the budget. appropriate vouchers and subject to
The form, such guidelines
content, and manner of preparation of as may be prescribed by law.
the budget shall be prescribed by law. (7) If, by the end of any fiscal year, the
(2) No provision or enactment shall be Congress shall have failed to pass the
embraced in the general appropriations general
bill appropriations bill for the ensuing fiscal
unless it relates specifically to some year, the general appropriations law for
particular appropriation therein. Any the
such preceding fiscal year shall be deemed re-
provision or enactment shall be limited enacted and shall remain in force and
in its operation to the appropriation to effect
which it until the general appropriations bill is
relates. passed by the Congress.
(3) The procedure in approving Section 26. (1) Every bill passed by the
appropriations for the Congress shall Congress shall embrace only one subject
strictly follow the which
procedure for approving appropriations shall be expressed in the title thereof.
for other departments and agencies. (2) No bill passed by either House shall
(4) A special appropriations bill shall become a law unless it has passed three
specify the purpose for which it is readings
intended, and on separate days, and printed copies
shall be supported by funds actually thereof in its final form have been
available as certified by the National distributed to its
Treasurer, or Members three days before its passage,
to be raised by a corresponding revenue except when the President certifies to
proposal therein. the
(5) No law shall be passed authorizing necessity of its immediate enactment to
any transfer of appropriations; however, meet a public calamity or emergency.
the Upon the
President, the President of the Senate, last reading of a bill, no amendment
the Speaker of the House of thereto shall be allowed, and the vote
Representatives, the thereon shall
Chief Justice of the Supreme Court, and be taken immediately thereafter, and the
the heads of Constitutional yeas and nays entered in the Journal.
Commissions may, Section 27. (1) Every bill passed by the
by law, be authorized to augment any Congress shall, before it becomes a law,
item in the general appropriations law be
for their presented to the President. If he
respective offices from savings in other approves the same he shall sign it;
items of their respective appropriations. otherwise, he shall
veto it and return the same with his framework of the national development
objections to the House where it program of the Government.
originated, which (3) Charitable institutions, churches and
shall enter the objections at large in its personages or convents appurtenant
Journal and proceed to reconsider it. If, thereto,
after mosques, non-profit cemeteries, and all
such reconsideration, two-thirds of all lands, buildings, and improvements,
the Members of such House shall agree actually,
to pass directly, and exclusively used for
the bill, it shall be sent, together with the religious, charitable, or educational
objections, to the other House by which purposes shall be
it shall exempt from taxation.
likewise be reconsidered, and if (4) No law granting any tax exemption
approved by two-thirds of all the shall be passed without the concurrence
Members of that of a
House, it shall become a law. In all such majority of all the Members of the
cases, the votes of each House shall be Congress.
determined by yeas or nays, and the Section 29. (1) No money shall be paid
names of the Members voting for or out of the Treasury except in pursuance
against shall of an
be entered in its Journal. The President appropriation made by law.
shall communicate his veto of any bill to (2) No public money or property shall be
the appropriated, applied, paid, or
House where it originated within thirty employed,
days after the date of receipt thereof, directly or indirectly, for the use,
otherwise, benefit, or support of any sect, church,
it shall become a law as if he had signed denomination,
it. sectarian institution, or system of
(2) The President shall have the power religion, or of any priest, preacher,
to veto any particular item or items in an minister, other
appropriation, revenue, or tariff bill, but religious teacher, or dignitary as such,
the veto shall not affect the item or except when such priest, preacher,
items to minister, or
which he does not object. dignitary is assigned to the armed
Section 28. (1) The rule of taxation shall forces, or to any penal institution, or
be uniform and equitable. The Congress government
shall orphanage or leprosarium.
evolve a progressive system of taxation. (3) All money collected on any tax levied
(2) The Congress may, by law, authorize for a special purpose shall be treated as
the President to fix within specified a
limits, and special fund and paid out for such
subject to such limitations and purpose only. If the purpose for which a
restrictions as it may impose, tariff special fund
rates, import and was created has been fulfilled or
export quotas, tonnage and wharfage abandoned, the balance, if any, shall be
dues, and other duties or imposts within transferred to
the the general funds of the Government.
Section 30. No law shall be passed removed from office in the same manner
increasing the appellate jurisdiction of as the President.
the Supreme The Vice-President may be appointed as
Court as provided in this Constitution a Member of the Cabinet. Such
without its advice and concurrence. appointment
Section 31. No law granting a title of requires no confirmation.
royalty or nobility shall be enacted. Section 4. The President and the Vice-
Section 32. The Congress shall, as early President shall be elected by direct vote
as possible, provide for a system of of the
initiative and people for a term of six years which shall
referendum, and the exceptions begin at noon on the thirtieth day of
therefrom, whereby the people can June next
directly propose and following the day of the election and
enact laws or approve or reject any act shall end at noon of the same date, six
or law or part thereof passed by the years
Congress or thereafter. The President shall not be
local legislative body after the eligible for any re-election. No person
registration of a petition therefor signed who has
by at least ten succeeded as President and has served
per centum of the total number of as such for more than four years shall be
registered voters, of which every qualified for election to the same office
legislative district at any time.
must be represented by at least three per No Vice-President shall serve for more
centum of the registered voters thereof. than two successive terms. Voluntary
renunciation of the office for any length
ARTICLE VII of time shall not be considered as an
EXECUTIVE DEPARTMENT interruption in the continuity of the
service for the full term for which he was
Section 1. The executive power shall be elected.
vested in the President of the Unless otherwise provided by law, the
Philippines. regular election for President and Vice-
Section 2. No person may be elected President
President unless he is a natural-born shall be held on the second Monday of
citizen of the May.
Philippines, a registered voter, able to The returns of every election for
read and write, at least forty years of age President and Vice-President, duly
on the certified by the
day of the election, and a resident of the board of canvassers of each province or
Philippines for at least ten years city, shall be transmitted to the
immediately Congress,
preceding such election. directed to the President of the Senate.
Section 3. There shall be a Vice- Upon receipt of the certificates of
President who shall have the same canvass, the
qualifications and President of the Senate shall, not later
term of office and be elected with, and in than thirty days after the day of the
the same manner, as the President. He election, open
may be
all the certificates in the presence of the and Vice-President shall be determined
Senate and the House of by law and shall not be decreased during
Representatives in their
joint public session, and the Congress, tenure. No increase in said
upon determination of the authenticity compensation shall take effect until after
and due the expiration of
execution thereof in the manner the term of the incumbent during which
provided by law, canvass the votes. such increase was approved. They shall
The person having the highest number not
of votes shall be proclaimed elected, but receive during their tenure any other
in case emolument from the Government or any
two or more shall have an equal and other
highest number of votes, one of them source.
shall Section 7. The President-elect and the
forthwith be chosen by the vote of a Vice President-elect shall assume office
majority of all the Members of both at the
Houses of the beginning of their terms.
Congress, voting separately. If the President-elect fails to qualify, the
The Congress shall promulgate its rules Vice President-elect shall act as
for the canvassing of the certificates. President until
The Supreme Court, sitting en banc, the President-elect shall have qualified.
shall be the sole judge of all contests If a President shall not have been
relating to the chosen, the Vice President-elect shall act
election, returns, and qualifications of as President
the President or Vice-President, and until a President shall have been chosen
may and qualified.
promulgate its rules for the purpose. If at the beginning of the term of the
Section 5. Before they enter on the President, the President-elect shall have
execution of their office, the President, died or
the Vice- shall have become permanently
President, or the Acting President shall disabled, the Vice President-elect shall
take the following oath or affirmation: become
"I do solemnly swear [or affirm] that I will President.
faithfully and conscientiously fulfill Where no President and Vice-President
my duties as President [or Vice- shall have been chosen or shall have
President or Acting President] of the qualified,
Philippines, preserve and defend its or where both shall have died or become
Constitution, execute its laws, do justice permanently disabled, the President of
to the
every man, and consecrate myself to Senate or, in case of his inability, the
the service of the Nation. So help me Speaker of the House of
God." Representatives, shall act
[In case of affirmation, last sentence will as President until a President or a Vice-
be omitted]. President shall have been chosen and
Section 6. The President shall have an qualified.
official residence. The salaries of the The Congress shall, by law, provide for
President the manner in which one who is to act as
President shall be selected until a Section 10. The Congress shall, at ten
President or a Vice-President shall have o'clock in the morning of the third day
qualified, in after the
case of death, permanent disability, or vacancy in the offices of the President
inability of the officials mentioned in the and Vice-President occurs, convene in
next accordance
preceding paragraph. with its rules without need of a call and
Section 8. In case of death, permanent within seven days, enact a law calling for
disability, removal from office, or a
resignation of special election to elect a President and
the President, the Vice-President shall a Vice-President to be held not earlier
become the President to serve the than
unexpired forty-five days nor later than sixty days
term. In case of death, permanent from the time of such call. The bill
disability, removal from office, or calling such
resignation of both special election shall be deemed certified
the President and Vice-President, the under paragraph 2, Section 26, Article
President of the Senate or, in case of his V1 of
inability, this Constitution and shall become law
the Speaker of the House of upon its approval on third reading by
Representatives, shall then act as the
President until the Congress. Appropriations for the special
President or Vice-President shall have election shall be charged against any
been elected and qualified. current
The Congress shall, by law, provide who appropriations and shall be exempt
shall serve as President in case of death, from the requirements of paragraph 4,
permanent disability, or resignation of Section 25,
the Acting President. He shall serve until Article V1 of this Constitution. The
the convening of the Congress cannot be
President or the Vice-President shall suspended nor
have been elected and qualified, and be the special election postponed. No
subject to special election shall be called if the
the same restrictions of powers and vacancy occurs
disqualifications as the Acting President. within eighteen months before the date
Section 9. Whenever there is a vacancy of the next presidential election.
in the Office of the Vice-President Section 11. Whenever the President
during the transmits to the President of the Senate
term for which he was elected, the and the
President shall nominate a Vice- Speaker of the House of Representatives
President from his written declaration that he is unable
among the Members of the Senate and to
the House of Representatives who shall discharge the powers and duties of his
assume office, and until he transmits to them a
office upon confirmation by a majority written
vote of all the Members of both Houses declaration to the contrary, such powers
of the and duties shall be discharged by the
Congress, voting separately. Vice-
President as Acting President. President shall continue exercising the
Whenever a majority of all the Members powers and duties of his office.
of the Cabinet transmit to the President Section 12. In case of serious illness of
of the the President, the public shall be
Senate and to the Speaker of the House informed of the
of Representatives their written state of his health. The members of the
declaration that Cabinet in charge of national security
the President is unable to discharge the and
powers and duties of his office, the Vice- foreign relations and the Chief of Staff of
President shall immediately assume the the Armed Forces of the Philippines,
powers and duties of the office as Acting shall not
President. be denied access to the President during
Thereafter, when the President such illness.
transmits to the President of the Senate Section 13. The President, Vice-
and to the President, the Members of the Cabinet,
Speaker of the House of Representatives and their
his written declaration that no inability deputies or assistants shall not, unless
exists, otherwise provided in this Constitution,
he shall reassume the powers and duties hold any
of his office. Meanwhile, should a other office or employment during their
majority of tenure. They shall not, during said
all the Members of the Cabinet transmit tenure,
within five days to the President of the directly or indirectly, practice any other
Senate profession, participate in any business,
and to the Speaker of the House of or be
Representatives, their written financially interested in any contract
declaration that the with, or in any franchise, or special
President is unable to discharge the privilege
powers and duties of his office, the granted by the Government or any
Congress shall subdivision, agency, or instrumentality
decide the issue. For that purpose, the thereof,
Congress shall convene, if it is not in including government-owned or
session, controlled corporations or their
within forty-eight hours, in accordance subsidiaries. They shall
with its rules and without need of call. strictly avoid conflict of interest in the
If the Congress, within ten days after conduct of their office.
receipt of the last written declaration, The spouse and relatives by
or, if not in consanguinity or affinity within the
session, within twelve days after it is fourth civil degree of the
required to assemble, determines by a President shall not, during his tenure, be
two-thirds appointed as Members of the
vote of both Houses, voting separately, Constitutional
that the President is unable to discharge Commissions, or the Office of the
the Ombudsman, or as Secretaries,
powers and duties of his office, the Vice- Undersecretaries,
President shall act as President;
otherwise, the
chairmen or heads of bureaus or offices, Congress, whether voluntary or
including government-owned or compulsory, but such appointments
controlled shall be effective
corporations and their subsidiaries. only until disapproved by the
Section 14. Appointments extended by Commission on Appointments or until
an Acting President shall remain the next
effective, unless adjournment of the Congress.
revoked by the elected President, within Section 17. The President shall have
ninety days from his assumption or control of all the executive departments,
reassumption of office. bureaus,
Section 15. Two months immediately and offices. He shall ensure that the laws
before the next presidential elections be faithfully executed.
and up to the Section 18. The President shall be the
end of his term, a President or Acting Commander-in-Chief of all armed forces
President shall not make appointments, of the
except Philippines and whenever it becomes
temporary appointments to executive necessary, he may call out such armed
positions when continued vacancies forces to
therein will prevent or suppress lawless violence,
prejudice public service or endanger invasion or rebellion. In case of invasion
public safety. or
Section 16. The President shall nominate rebellion, when the public safety
and, with the consent of the Commission requires it, he may, for a period not
on exceeding sixty
Appointments, appoint the heads of the days, suspend the privilege of the writ of
executive departments, ambassadors, habeas corpus or place the Philippines
other or any
public ministers and consuls, or officers part thereof under martial law. Within
of the armed forces from the rank of forty-eight hours from the proclamation
colonel or of
naval captain, and other officers whose martial law or the suspension of the
appointments are vested in him in this privilege of the writ of habeas corpus,
Constitution. He shall also appoint all the President
other officers of the Government whose shall submit a report in person or in
appointments are not otherwise writing to the Congress. The Congress,
provided for by law, and those whom he voting
may be jointly, by a vote of at least a majority of
authorized by law to appoint. The all its Members in regular or special
Congress may, by law, vest the session,
appointment of other may revoke such proclamation or
officers lower in rank in the President suspension, which revocation shall not
alone, in the courts, or in the heads of be set aside by
departments, agencies, commissions, or the President. Upon the initiative of the
boards. President, the Congress may, in the
The President shall have the power to same
make appointments during the recess of
the
manner, extend such proclamation or released.
suspension for a period to be Section 19. Except in cases of
determined by the impeachment, or as otherwise provided
Congress, if the invasion or rebellion in this
shall persist and public safety requires Constitution, the President may grant
it. reprieves, commutations, and pardons,
The Congress, if not in session, shall, and remit
within twenty-four hours following such fines and forfeitures, after conviction by
proclamation or suspension, convene in final judgment.
accordance with its rules without need He shall also have the power to grant
of a call. amnesty with the concurrence of a
The Supreme Court may review, in an majority of all
appropriate proceeding filed by any the Members of the Congress.
citizen, the Section 20. The President may contract
sufficiency of the factual basis of the or guarantee foreign loans on behalf of
proclamation of martial law or the the
suspension of Republic of the Philippines with the
the privilege of the writ of habeas prior concurrence of the Monetary
corpus or the extension thereof, and Board, and
must promulgate subject to such limitations as may be
its decision thereon within thirty days provided by law. The Monetary Board
from its filing. shall, within
A state of martial law does not suspend thirty days from the end of every quarter
the operation of the Constitution, nor of the calendar year, submit to the
supplant Congress a
the functioning of the civil courts or complete report of its decision on
legislative assemblies, nor authorize the applications for loans to be contracted
conferment or guaranteed
of jurisdiction on military courts and by the Government or government-
agencies over civilians where civil courts owned and controlled corporations
are able which would
to function, nor automatically suspend have the effect of increasing the foreign
the privilege of the writ of habeas debt, and containing other matters as
corpus. may be
The suspension of the privilege of the provided by law.
writ of habeas corpus shall apply only Section 21. No treaty or international
to persons agreement shall be valid and effective
judicially charged for rebellion or unless
offenses inherent in, or directly concurred in by at least two-thirds of all
connected with, the Members of the Senate.
invasion. Section 22. The President shall submit
During the suspension of the privilege of to the Congress, within thirty days from
the writ of habeas corpus, any person the
thus opening of every regular session as the
arrested or detained shall be judicially basis of the general appropriations bill, a
charged within three days, otherwise he budget
shall be
of expenditures and sources of year and, after approval, shall be
financing, including receipts from automatically and regularly released.
existing and proposed Section 4. (1) The Supreme Court shall
revenue measures. be composed of a Chief Justice and
Section 23. The President shall address fourteen
the Congress at the opening of its Associate Justices. It may sit en banc or
regular in its discretion, in division of three,
session. He may also appear before it at five, or
any other time. seven Members. Any vacancy shall be
filled within ninety days from the
ARTICLE VIII occurrence
JUDICIAL DEPARTMENT thereof.
(2) All cases involving the
Section 1. The judicial power shall be constitutionality of a treaty,
vested in one Supreme Court and in international or executive
such lower agreement, or law, which shall be heard
courts as may be established by law. by the Supreme Court en banc, and all
Judicial power includes the duty of the other
courts of justice to settle actual cases which under the Rules of Court are
controversies required to be heard en banc, including
involving rights which are legally those
demandable and enforceable, and to involving the constitutionality,
determine application, or operation of presidential
whether or not there has been a grave decrees,
abuse of discretion amounting to lack or proclamations, orders, instructions,
excess of ordinances, and other regulations, shall
jurisdiction on the part of any branch or be decided
instrumentality of the Government. with the concurrence of a majority of the
Section 2. The Congress shall have the Members who actually took part in the
power to define, prescribe, and deliberations on the issues in the case
apportion the and voted thereon.
jurisdiction of the various courts but (3) Cases or matters heard by a division
may not deprive the Supreme Court of shall be decided or resolved with the
its concurrence of a majority of the
jurisdiction over cases enumerated in Members who actually took part in the
Section 5 hereof. deliberations on
No law shall be passed reorganizing the the issues in the case and voted thereon,
Judiciary when it undermines the and in no case without the concurrence
security of of at
tenure of its Members. least three of such Members. When the
Section 3. The Judiciary shall enjoy required number is not obtained, the
fiscal autonomy. Appropriations for the case shall
Judiciary be decided en banc: Provided, that no
may not be reduced by the legislature doctrine or principle of law laid down by
below the amount appropriated for the the court
previous
in a decision rendered en banc or in rights, pleading, practice, and procedure
division may be modified or reversed in all courts, the admission to the
except by the practice of law, the integrated bar, and
court sitting en banc. legal assistance to the under-privileged.
Section 5. The Supreme Court shall have Such rules shall provide a simplified and
the following powers: inexpensive procedure for the speedy
1) Exercise original jurisdiction over disposition of cases, shall be uniform for
cases affecting ambassadors, other all courts of the same grade, and shall
public not diminish, increase, or modify
ministers and consuls, and over substantive rights. Rules of procedure of
petitions for certiorari, prohibition, special
mandamus, courts and quasi-judicial bodies shall
quo warranto, and habeas corpus. remain effective unless disapproved by
(2) Review, revise, reverse, modify, or the
affirm on appeal or certiorari, as the law Supreme Court.
or the Rules of Court may provide, final (6) Appoint all officials and employees
judgments and orders of lower courts in: of the Judiciary in accordance with the
(a) All cases in which the Civil Service Law.
constitutionality or validity of any Section 6. The Supreme Court shall have
treaty, administrative supervision over all
international or executive agreement, courts and
law, presidential decree, the personnel thereof.
proclamation, order, instruction, Section 7. (1) No person shall be
ordinance, or regulation is in question. appointed Member of the Supreme
(b) All cases involving the legality of any Court or any lower
tax, impost, assessment, or toll, collegiate court unless he is a natural-
or any penalty imposed in relation born citizen of the Philippines. A
thereto. Member of the
(c) All cases in which the jurisdiction of Supreme Court must be at least forty
any lower court is in issue. years of age, and must have been for
(d) All criminal cases in which the fifteen years
penalty imposed is reclusion perpetua or more, a judge of a lower court or
or higher. engaged in the practice of law in the
(e) All cases in which only an error or Philippines.
question of law is involved. (2) The Congress shall prescribe the
(3) Assign temporarily judges of lower qualifications of judges of lower courts,
courts to other stations as public interest but no
may require. Such temporary person may be appointed judge thereof
assignment shall not exceed six months unless he is a citizen of the Philippines
without the and a
consent of the judge concerned. member of the Philippine Bar.
(4) Order a change of venue or place of (3) A Member of the Judiciary must be a
trial to avoid a miscarriage of justice. person of proven competence, integrity,
(5) Promulgate rules concerning the probity, and independence.
protection and enforcement of Section 8. (1) A Judicial and Bar Council
constitutional is hereby created under the supervision
of the
Supreme Court composed of the Chief Judicial and Bar Council for every
Justice as ex officio Chairman, the vacancy. Such appointments need no
Secretary of confirmation.
Justice, and a representative of the For the lower courts, the President shall
Congress as ex officio Members, a issue the appointments within ninety
representative of days from
the Integrated Bar, a professor of law, a the submission of the list.
retired Member of the Supreme Court, Section 10. The salary of the Chief
and a Justice and of the Associate Justices of
representative of the private sector. the Supreme
(2) The regular members of the Council Court, and of judges of lower courts,
shall be appointed by the President for a shall be fixed by law. During their
term of continuance in
four years with the consent of the office, their salary shall not be
Commission on Appointments. Of the decreased.
Members first Section 11. The Members of the Supreme
appointed, the representative of the Court and judges of lower courts shall
Integrated Bar shall serve for four years, hold
the office during good behavior until they
professor of law for three years, the reach the age of seventy years or become
retired Justice for two years, and the incapacitated to discharge the duties of
representative their office. The Supreme Court en banc
of the private sector for one year. shall
(3) The Clerk of the Supreme Court shall have the power to discipline judges of
be the Secretary ex officio of the Council lower courts, or order their dismissal by
and a vote of
shall keep a record of its proceedings. a majority of the Members who actually
(4) The regular Members of the Council took part in the deliberations on the
shall receive such emoluments as may issues in
be the case and voted thereon.
determined by the Supreme Court. The Section 12. The Members of the
Supreme Court shall provide in its Supreme Court and of other courts
annual established by law
budget the appropriations for the shall not be designated to any agency
Council. performing quasi-judicial or
(5) The Council shall have the principal administrative
function of recommending appointees to functions.
the Section 13. The conclusions of the
Judiciary. It may exercise such other Supreme Court in any case submitted to
functions and duties as the Supreme it for
Court may decision en banc or in division shall be
assign to it. reached in consultation before the case
Section 9. The Members of the Supreme is
Court and judges of the lower courts assigned to a Member for the writing of
shall be the opinion of the Court. A certification
appointed by the President from a list of to this
at least three nominees prepared by the
effect signed by the Chief Justice shall certification shall state why a decision or
be issued and a copy thereof attached to resolution has not been rendered or
the issued
record of the case and served upon the within said period.
parties. Any Members who took no part, (4) Despite the expiration of the
or applicable mandatory period, the court,
dissented, or abstained from a decision without
or resolution, must state the reason prejudice to such responsibility as may
therefor. have been incurred in consequence
The same requirements shall be thereof, shall
observed by all lower collegiate courts. decide or resolve the case or matter
Section 14. No decision shall be submitted thereto for determination,
rendered by any court without without
expressing therein clearly further delay.
and distinctly the facts and the law on Section 16. The Supreme Court shall,
which it is based. within thirty days from the opening of
No petition for review or motion for each regular
reconsideration of a decision of the session of the Congress, submit to the
court shall be President and the Congress an annual
refused due course or denied without report on
stating the legal basis therefor. the operations and activities of the
Section 15. (1) All cases or matters filed Judiciary.
after the effectivity of this Constitution
must be ARTICLE IX
decided or resolved within twenty-four A. COMMON PROVISIONS
months from date of submission for the
Supreme Court, and, unless reduced by Section 1. The Constitutional
the Supreme Court, twelve months for Commissions, which shall be
all lower independent, are the Civil
collegiate courts, and three months for Service Commission, the Commission
all other lower courts. on Elections, and the Commission on
(2) A case or matter shall be deemed Audit.
submitted for decision or resolution Section 2. No member of a
upon the filing Constitutional Commission shall, during
of the last pleading, brief, or his tenure, hold any
memorandum required by the Rules of other office or employment. Neither
Court or by the shall he engage in the practice of any
court itself. profession or
(3) Upon the expiration of the in the active management or control of
corresponding period, a certification to any business which, in any way, may be
this effect signed affected
by the Chief Justice or the presiding by the functions of his office, nor shall
judge shall forthwith be issued and a he be financially interested, directly or
copy thereof indirectly,
attached to the record of the case or in any contract with, or in any franchise
matter, and served upon the parties. The or privilege granted by the Government,
any of
its subdivisions, agencies, or Section 8. Each Commission shall
instrumentalities, including perform such other functions as may be
government-owned or provided by
controlled corporations or their law.
subsidiaries.
Section. 3. The salary of the Chairman B. THE CIVIL SERVICE COMMISSION
and the Commissioners shall be fixed by
law and Section 1. (1) The civil service shall be
shall not be decreased during their administered by the Civil Service
tenure. Commission
Section 4. The Constitutional composed of a Chairman and two
Commissions shall appoint their officials Commissioners who shall be natural-
and employees in born citizens of
accordance with law. the Philippines and, at the time of their
Section 5. The Commission shall enjoy appointment, at least thirty-five years of
fiscal autonomy. Their approved annual age,
appropriations shall be automatically with proven capacity for public
and regularly released. administration, and must not have been
Section 6. Each Commission en banc candidates for
may promulgate its own rules any elective position in the elections
concerning immediately preceding their
pleadings and practice before it or appointment.
before any of its offices. Such rules, (2) The Chairman and the
however, shall Commissioners shall be appointed by
not diminish, increase, or modify the President with the
substantive rights. consent of the Commission on
Section 7. Each Commission shall decide Appointments for a term of seven years
by a majority vote of all its Members, without
any case reappointment. Of those first appointed,
or matter brought before it within sixty the Chairman shall hold office for seven
days from the date of its submission for years,
decision a Commissioner for five years, and
or resolution. A case or matter is another Commissioner for three years,
deemed submitted for decision or without
resolution upon the reappointment. Appointment to any
filing of the last pleading, brief, or vacancy shall be only for the unexpired
memorandum required by the rules of term of the
the predecessor. In no case shall any
Commission or by the Commission Member be appointed or designated in a
itself. Unless otherwise provided by this temporary or
Constitution or by law, any decision, acting capacity.
order, or ruling of each Commission Section 2. (1) The civil service embraces
may be all branches, subdivisions,
brought to the Supreme Court on instrumentalities,
certiorari by the aggrieved party within and agencies of the Government,
thirty days including government-owned or
from receipt of a copy thereof. controlled
corporations with original charters. Section 5. The Congress shall provide for
(2) Appointments in the civil service the standardization of compensation of
shall be made only according to merit government officials and employees,
and fitness to including those in government-owned or
be determined, as far as practicable, controlled corporations with original
and, except to positions which are charters, taking into account the nature
policydetermining, of the
primarily confidential, or highly responsibilities pertaining to, and the
technical, by competitive examination. qualifications required for, their
(3) No officer or employee of the civil positions.
service shall be removed or suspended Section 6. No candidate who has lost in
except for any election shall, within one year after
cause provided by law. such
(4) No officer or employee in the civil election, be appointed to any office in
service shall engage, directly or the Government or any Government-
indirectly, in any owned or
electioneering or partisan political controlled corporations or in any of their
campaign. subsidiaries.
(5) The right to self-organization shall Section 7. No elective official shall be
not be denied to government employees. eligible for appointment or designation
(6) Temporary employees of the in any
Government shall be given such capacity to any public office or position
protection as may be during his tenure.
provided by law. Unless otherwise allowed by law or by
Section 3. The Civil Service Commission, the primary functions of his position, no
as the central personnel agency of the appointive official shall hold any other
Government, shall establish a career office or employment in the Government
service and adopt measures to promote or any
morale, subdivision, agency or instrumentality
efficiency, integrity, responsiveness, thereof, including Government-owned
progressiveness, and courtesy in the civil or
service. It controlled corporations or their
shall strengthen the merit and rewards subsidiaries.
system, integrate all human resources Section 8. No elective or appointive
development programs for all levels and public officer or employee shall receive
ranks, and institutionalize a additional,
management double, or indirect compensation, unless
climate conducive to public specifically authorized by law, nor
accountability. It shall submit to the accept
President and the without the consent of the Congress, any
Congress an annual report on its present, emolument, office, or title of
personnel programs. any kind
Section 4. All public officers and from any foreign government.
employees shall take an oath or Pensions or gratuities shall not be
affirmation to uphold considered as additional, double, or
and defend this Constitution. indirect
compensation.
C. THE COMMISSION ON ELECTIONS (2) Exercise exclusive original
jurisdiction over all contests relating to
Section 1. (1) There shall be a the
Commission on Elections composed of a elections, returns, and qualifications of
Chairman and six all elective regional, provincial, and city
Commissioners who shall be natural- officials, and appellate jurisdiction over
born citizens of the Philippines and, at all contests involving elective municipal
the time of officials decided by trial courts of
their appointment, at least thirty-five general jurisdiction, or involving elective
years of age, holders of a college degree, barangay officials decided by trial courts
and must of limited jurisdiction.
not have been candidates for any Decisions, final orders, or rulings of the
elective positions in the immediately Commission on election contests
preceding involving elective municipal and
elections. However, a majority thereof, barangay offices shall be final,
including the Chairman, shall be executory, and
members of the not appealable.
Philippine Bar who have been engaged (3) Decide, except those involving the
in the practice of law for at least ten right to vote, all questions affecting
years. elections, including determination of the
(2) The Chairman and the number and location of polling places,
Commissioners shall be appointed by appointment of election officials and
the President with the inspectors, and registration of voters.
consent of the Commission on (4) Deputize, with the concurrence of
Appointments for a term of seven years the President, law enforcement agencies
without and instrumentalities of the
reappointment. Of those first appointed, Government, including the Armed
three Members shall hold office for Forces of the
seven Philippines, for the exclusive purpose of
years, two Members for five years, and ensuring free, orderly, honest, peaceful,
the last Members for three years, and credible elections.
without (5) Register, after sufficient publication,
reappointment. Appointment to any political parties, organizations, or
vacancy shall be only for the unexpired coalitions which, in addition to other
term of the requirements, must present their
predecessor. In no case shall any platform
Member be appointed or designated in a or program of government; and accredit
temporary or citizens' arms of the Commission on
acting capacity. Elections. Religious denominations and
Sec. 2. The Commission on Elections sects shall not be registered. Those
shall exercise the following powers and which
functions: seek to achieve their goals through
(1) Enforce and administer all laws and violence or unlawful means, or refuse to
regulations relative to the conduct of an uphold and adhere to this Constitution,
election, plebiscite, initiative, or which are supported by any foreign
referendum, and recall. government shall likewise be refused
registration.
Financial contributions from foreign including pre- proclamation
governments and their agencies to controversies. All such election cases
political shall be heard and
parties, organizations, coalitions, or decided in division, provided that
candidates related to elections, motions for reconsideration of decisions
constitute shall be
interference in national affairs, and, decided by the Commission en banc.
when accepted, shall be an additional Section 4. The Commission may, during
ground for the cancellation of their the election period, supervise or regulate
registration with the Commission, in the
addition enjoyment or utilization of all franchises
to other penalties that may be or permits for the operation of
prescribed by law. transportation
(6) File, upon a verified complaint, or on and other public utilities, media of
its own initiative, petitions in court for communication or information, all
inclusion or exclusion of voters; grants, special
investigate and, where appropriate, privileges, or concessions granted by the
prosecute Government or any subdivision, agency,
cases of violations of election laws, or
including acts or omissions constituting instrumentality thereof, including any
election frauds, offenses, and government-owned or controlled
malpractices. corporation or
(7) Recommend to the Congress its subsidiary. Such supervision or
effective measures to minimize election regulation shall aim to ensure equal
spending, including limitation of places opportunity, and
where propaganda materials shall be equal rates therefor, for public
posted, and to prevent and penalize all information campaigns and forums
forms of election frauds, offenses, among candidates in
malpractices, and nuisance candidacies. connection with the objective of holding
(8) Recommend to the President the free, orderly, honest, peaceful, and
removal of any officer or employee it has credible
deputized, or the imposition of any elections.
other disciplinary action, for violation or Section 5. No pardon, amnesty, parole,
disregard of, or disobedience to, its or suspension of sentence for violation
directive, order, or decision. of
(9) Submit to the President and the election laws, rules, and regulations
Congress, a comprehensive report on shall be granted by the President
the without the
conduct of each election, plebiscite, favorable recommendation of the
initiative, referendum, or recall. Commission.
Section 3. The Commission on Elections Section 6. A free and open party system
may sit en banc or in two divisions, and shall be allowed to evolve according to
shall the free
promulgate its rules of procedure in choice of the people, subject to the
order to expedite disposition of election provisions of this Article.
cases,
Section 7. No votes cast in favor of a their appointment, at least thirty-five
political party, organization, or coalition years of age, Certified Public
shall be Accountants with not
valid, except for those registered under less than ten years of auditing
the party-list system as provided in this experience, or members of the
Constitution. Philippine Bar who have
Section 8. Political parties, or been engaged in the practice of law for
organizations or coalitions registered at least ten years, and must not have
under the party-list been
system, shall not be represented in the candidates for any elective position in
voters' registration boards, boards of the elections immediately preceding
election their
inspectors, boards of canvassers, or appointment. At no time shall all
other similar bodies. However, they Members of the Commission belong to
shall be entitled the same
to appoint poll watchers in accordance profession.
with law. (2) The Chairman and the
Section 9. Unless otherwise fixed by the Commissioners shall be appointed by
Commission in special cases, the the President with the
election period consent of the Commission on
shall commence ninety days before the Appointments for a term of seven years
day of election and shall end thirty days without
thereafter. reappointment. Of those first appointed,
Section 10. Bona fide candidates for any the Chairman shall hold office for seven
public office shall be free from any form years,
of one Commissioner for five years, and
harassment and discrimination. the other Commissioner for three years,
Section 11. Funds certified by the without
Commission as necessary to defray the reappointment. Appointment to any
expenses for vacancy shall be only for the unexpired
holding regular and special elections, portion of
plebiscites, initiatives, referenda, and the term of the predecessor. In no case
recalls, shall shall any Member be appointed or
be provided in the regular or special designated in
appropriations and, once approved, a temporary or acting capacity.
shall be Section 2. (1) The Commission on Audit
released automatically upon certification shall have the power, authority, and
by the Chairman of the Commission. duty to
examine, audit, and settle all accounts
D. THE COMMISSION ON AUDIT pertaining to the revenue and receipts
of, and
Section 1. (1) There shall be a expenditures or uses of funds and
Commission on Audit composed of a property, owned or held in trust by, or
Chairman and two pertaining to,
Commissioners, who shall be natural- the Government, or any of its
born citizens of the Philippines and, at subdivisions, agencies, or
the time of instrumentalities, including
government-owned or controlled unnecessary, excessive, extravagant, or
corporations with original charters, and unconscionable expenditures or uses of
on a postaudit government funds and properties.
basis: (a) constitutional bodies, Section 3. No law shall be passed
commissions and offices that have been exempting any entity of the Government
granted or its
fiscal autonomy under this Constitution; subsidiaries in any guise whatever, or
(b) autonomous state colleges and any investment of public funds, from the
universities; jurisdiction of the Commission on Audit.
(c) other government-owned or Section 4. The Commission shall submit
controlled corporations and their to the President and the Congress,
subsidiaries; and (d) within the
such non-governmental entities time fixed by law, an annual report
receiving subsidy or equity, directly or covering the financial condition and
indirectly, from operation of the
or through the Government, which are Government, its subdivisions, agencies,
required by law or the granting and instrumentalities, including
institution to governmentowned
submit to such audit as a condition of or controlled corporations, and non-
subsidy or equity. However, where the governmental entities subject to its
internal audit,
control system of the audited agencies is and recommend measures necessary to
inadequate, the Commission may adopt improve their effectiveness and
such efficiency. It
measures, including temporary or shall submit such other reports as may
special pre-audit, as are necessary and be required by law.
appropriate to
correct the deficiencies. It shall keep the ARTICLE X
general accounts of the Government LOCAL GOVERNMENT
and, for GENERAL PROVISIONS
such period as may be provided by law,
preserve the vouchers and other Section 1. The territorial and political
supporting subdivisions of the Republic of the
papers pertaining thereto. Philippines are
(2) The Commission shall have exclusive the provinces, cities, municipalities, and
authority, subject to the limitations in barangays. There shall be autonomous
this regions
Article, to define the scope of its audit in Muslim Mindanao and the Cordilleras
and examination, establish the as hereinafter provided.
techniques and Section 2. The territorial and political
methods required therefor, and subdivisions shall enjoy local autonomy.
promulgate accounting and auditing Section 3. The Congress shall enact a
rules and local government code which shall
regulations, including those for the provide for a
prevention and disallowance of more responsive and accountable local
irregular, government structure instituted through
a
system of decentralization with effective the utilization and development of the
mechanisms of recall, initiative, and national wealth within their respective
referendum, allocate among the areas, in
different local government units their the manner provided by law, including
powers, sharing the same with the inhabitants by
responsibilities, and resources, and way of
provide for the qualifications, election, direct benefits.
appointment Section 8. The term of office of elective
and removal, term, salaries, powers and local officials, except barangay officials,
functions and duties of local officials, which
and all shall be determined by law, shall be
other matters relating to the three years and no such official shall
organization and operation of the local serve for more
units. than three consecutive terms. Voluntary
Section 4. The President of the renunciation of the office for any length
Philippines shall exercise general of time
supervision over local shall not be considered as an
governments. Provinces with respect to interruption in the continuity of his
component cities and municipalities, service for the full
and cities term for which he was elected.
and municipalities with respect to Section 9. Legislative bodies of local
component barangays, shall ensure that governments shall have sectoral
the acts of representation as
their component units are within the may be prescribed by law.
scope of their prescribed powers and Section 10. No province, city,
functions. municipality, or barangay may be
Section 5. Each local government unit created, divided,
shall have the power to create its own merged, abolished, or its boundary
sources of substantially altered, except in
revenues and to levy taxes, fees and accordance with the
charges subject to such guidelines and criteria established in the local
limitations as government code and subject to
the Congress may provide, consistent approval by a majority
with the basic policy of local autonomy. of the votes cast in a plebiscite in the
Such political units directly affected.
taxes, fees, and charges shall accrue Section 11. The Congress may, by law,
exclusively to the local governments. create special metropolitan political
Section 6. Local government units shall subdivisions,
have a just share, as determined by law, subject to a plebiscite as set forth in
in the Section 10 hereof. The component cities
national taxes which shall be and
automatically released to them. municipalities shall retain their basic
Section 7. Local governments shall be autonomy and shall be entitled to their
entitled to an equitable share in the own local
proceeds of executive and legislative assemblies. The
jurisdiction of the metropolitan
authority that
will thereby be created shall be limited sharing common and distinctive
to basic services requiring coordination. historical and cultural heritage,
Section 12. Cities that are highly economic and social
urbanized, as determined by law, and structures, and other relevant
component cities characteristics within the framework of
whose charters prohibit their voters this Constitution
from voting for provincial elective and the national sovereignty as well as
officials, shall be territorial integrity of the Republic of
independent of the province. The voters the
of component cities within a province, Philippines.
whose Section 16. The President shall exercise
charters contain no such prohibition, general supervision over autonomous
shall not be deprived of their right to regions to
vote for ensure that laws are faithfully executed.
elective provincial officials. Section 17. All powers, functions, and
Section 13. Local government units may responsibilities not granted by this
group themselves, consolidate or Constitution or
coordinate by law to the autonomous regions shall
their efforts, services, and resources for be vested in the National Government.
purposes commonly beneficial to them Section 18. The Congress shall enact an
in organic act for each autonomous region
accordance with law. with the
Section 14. The President shall provide assistance and participation of the
for regional development councils or regional consultative commission
other composed of
similar bodies composed of local representatives appointed by the
government officials, regional heads of President from a list of nominees from
departments multi-sectoral
and other government offices, and bodies. The organic act shall define the
representatives from non-governmental basic structure of government for the
organizations within the regions for region
purposes of administrative consisting of the executive department
decentralization to and legislative assembly, both of which
strengthen the autonomy of the units shall be
therein and to accelerate the economic elective and representative of the
and social constituent political units. The organic
growth and development of the units in acts shall
the region. likewise provide for special courts with
AUTONOMOUS REGIONS personal, family, and property law
Section 15. There shall be created jurisdiction
autonomous regions in Muslim consistent with the provisions of this
Mindanao and in the Constitution and national laws.
Cordilleras consisting of provinces, The creation of the autonomous region
cities, municipalities, and geographical shall be effective when approved by
areas majority of
the votes cast by the constituent units in the regions shall be the responsibility of
a plebiscite called for the purpose, the National Government.
provided
that only provinces, cities, and ARTICLE XI
geographic areas voting favorably in ACCOUNTABILITY OF PUBLIC
such plebiscite shall OFFICERS
be included in the autonomous region.
Section 19. The first Congress elected Section 1. Public office is a public trust.
under this Constitution shall, within Public officers and employees must, at
eighteen all times,
months from the time of organization of be accountable to the people, serve them
both Houses, pass the organic acts for with utmost responsibility, integrity,
the loyalty,
autonomous regions in Muslim and efficiency; act with patriotism and
Mindanao and the Cordilleras. justice, and lead modest lives.
Section 20. Within its territorial Section 2. The President, the Vice-
jurisdiction and subject to the provisions President, the Members of the Supreme
of this Court, the
Constitution and national laws, the Members of the Constitutional
organic act of autonomous regions shall Commissions, and the Ombudsman may
provide for be removed
legislative powers over: from office on impeachment for, and
(1) Administrative organization; conviction of, culpable violation of the
(2) Creation of sources of revenues; Constitution, treason, bribery, graft and
(3) Ancestral domain and natural corruption, other high crimes, or
resources; betrayal of
(4) Personal, family, and property public trust. All other public officers and
relations; employees may be removed from office
(5) Regional urban and rural planning as
development; provided by law, but not by
(6) Economic, social, and tourism impeachment.
development; Section 3. (1) The House of
(7) Educational policies; Representatives shall have the exclusive
(8) Preservation and development of the power to initiate all
cultural heritage; and cases of impeachment.
(9) Such other matters as may be (2) A verified complaint for
authorized by law for the promotion of impeachment may be filed by any
the general welfare of Member of the House of
the people of the region. Representatives or by any citizen upon a
Section 21. The preservation of peace resolution or endorsement by any
and order within the regions shall be the Member
responsibility of the local police agencies thereof, which shall be included in the
which shall be organized, maintained, Order of Business within ten session
supervised, and utilized in accordance days, and
with applicable laws. The defense and referred to the proper Committee within
security of three session days thereafter. The
Committee,
after hearing, and by a majority vote of and disqualification to hold any office
all its Members, shall submit its report under the Republic of the Philippines,
to the but the
House within sixty session days from party convicted shall nevertheless be
such referral, together with the liable and subject to prosecution, trial,
corresponding and
resolution. The resolution shall be punishment, according to law.
calendared for consideration by the (8) The Congress shall promulgate its
House within ten rules on impeachment to effectively
session days from receipt thereof. carry out the
(3) A vote of at least one-third of all the purpose of this section.
Members of the House shall be Section 4. The present anti-graft court
necessary either known as the Sandiganbayan shall
to affirm a favorable resolution with the continue to
Articles of Impeachment of the function and exercise its jurisdiction as
Committee, or now or hereafter may be provided by
override its contrary resolution. The law.
vote of each Member shall be recorded. Section 5. There is hereby created the
(4) In case the verified complaint or independent Office of the Ombudsman,
resolution of impeachment is filed by at composed
least onethird of the Ombudsman to be known as
of all the Members of the House, the Tanodbayan, one overall Deputy and at
same shall constitute the Articles of least one
Impeachment, and trial by the Senate Deputy each for Luzon, Visayas, and
shall forthwith proceed. Mindanao. A separate Deputy for the
(5) No impeachment proceedings shall military
be initiated against the same official establishment may likewise be
more than appointed.
once within a period of one year. Section 6. The officials and employees of
(6) The Senate shall have the sole power the Office of the Ombudsman, other
to try and decide all cases of than the
impeachment. Deputies, shall be appointed by the
When sitting for that purpose, the Ombudsman, according to the Civil
Senators shall be on oath or affirmation. Service Law.
When the Section 7. The existing Tanodbayan shall
President of the Philippines is on trial, hereafter be known as the Office of the
the Chief Justice of the Supreme Court Special
shall Prosecutor. It shall continue to function
preside, but shall not vote. No person and exercise its powers as now or
shall be convicted without the hereafter may
concurrence of twothirds be provided by law, except those
of all the Members of the Senate. conferred on the Office of the
(7) Judgment in cases of impeachment Ombudsman created
shall not extend further than removal under this Constitution.
from office Section 8. The Ombudsman and his
Deputies shall be natural-born citizens
of the
Philippines, and at the time of their Section 12. The Ombudsman and his
appointment, at least forty years old, of Deputies, as protectors of the people,
recognized shall act
probity and independence, and promptly on complaints filed in any
members of the Philippine Bar, and form or manner against public officials
must not have been or
candidates for any elective office in the employees of the Government, or any
immediately preceding election. The subdivision, agency or instrumentality
Ombudsman must have, for ten years or thereof,
more, been a judge or engaged in the including government-owned or
practice controlled corporations, and shall, in
of law in the Philippines. appropriate
During their tenure, they shall be cases, notify the complainants of the
subject to the same disqualifications and action taken and the result thereof.
prohibitions Section 13. The Office of the
as provided for in Section 2 of Article Ombudsman shall have the following
1X-A of this Constitution. powers, functions,
Section 9. The Ombudsman and his and duties:
Deputies shall be appointed by the (1) Investigate on its own, or on
President from a complaint by any person, any act or
list of at least six nominees prepared by omission of
the Judicial and Bar Council, and from a any public official, employee, office or
list of agency, when such act or omission
three nominees for every vacancy appears
thereafter. Such appointments shall to be illegal, unjust, improper, or
require no inefficient.
confirmation. All vacancies shall be (2) Direct, upon complaint or at its own
filled within three months after they instance, any public official or employee
occur. of the Government, or any subdivision,
Section 10. The Ombudsman and his agency or instrumentality thereof, as
Deputies shall have the rank of well
Chairman and as of any government-owned or
Members, respectively, of the controlled corporation with original
Constitutional Commissions, and they charter, to
shall receive the perform and expedite any act or duty
same salary which shall not be required by law, or to stop, prevent, and
decreased during their term of office. correct any abuse or impropriety in the
Section 11. The Ombudsman and his performance of duties.
Deputies shall serve for a term of seven (3) Direct the officer concerned to take
years appropriate action against a public
without reappointment. They shall not official
be qualified to run for any office in the or employee at fault, and recommend
election his removal, suspension, demotion, fine,
immediately succeeding their cessation censure, or prosecution, and ensure
from office. compliance therewith.
(4) Direct the officer concerned, in any
appropriate case, and subject to such
limitations as may be provided by law, controlled bank or financial institution
to furnish it with copies of documents to the President, the Vice-President, the
relating to contracts or transactions Members of the Cabinet, the Congress,
entered into by his office involving the the Supreme Court, and the
disbursement or use of public funds or Constitutional
properties, and report any irregularity to Commissions, the Ombudsman, or to
the Commission on Audit for any firm or entity in which they have
appropriate action. controlling
(5) Request any government agency for interest, during their tenure.
assistance and information necessary in Section 17. A public officer or employee
the discharge of its responsibilities, and shall, upon assumption of office and as
to examine, if necessary, pertinent often
records and documents. thereafter as may be required by law,
(6) Publicize matters covered by its submit a declaration under oath of his
investigation when circumstances so assets,
warrant liabilities, and net worth. In the case of
and with due prudence. the President, the Vice-President, the
(7) Determine the causes of inefficiency, Members
red tape, mismanagement, fraud, and of the Cabinet, the Congress, the
corruption in the Government and make Supreme Court, the Constitutional
recommendations for their elimination Commissions and
and the observance of high standards of other constitutional offices, and officers
ethics and efficiency. of the armed forces with general or flag
(8) Promulgate its rules of procedure rank,
and exercise such other powers or the declaration shall be disclosed to the
perform public in the manner provided by law.
such functions or duties as may be Section 18. Public officers and
provided by law. employees owe the State and this
Section 14. The Office of the Constitution allegiance
Ombudsman shall enjoy fiscal at all times and any public officer or
autonomy. Its approved employee who seeks to change his
annual appropriations shall be citizenship or
automatically and regularly released. acquire the status of an immigrant of
Section 15. The right of the State to another country during his tenure shall
recover properties unlawfully acquired be dealt
by public with by law.
officials or employees, from them or
from their nominees or transferees, shall ARTICLE XII
not be NATIONAL ECONOMY AND
barred by prescription, laches, or PATRIMONY
estoppel.
Section 16. No loan, guaranty, or other Section 1. The goals of the national
form of financial accommodation for economy are a more equitable
any distribution of
business purpose may be granted, opportunities, income, and wealth; a
directly or indirectly, by any sustained increase in the amount of
government-owned or goods and
services produced by the nation for the into co-production, joint venture, or
benefit of the people; and an expanding production-sharing agreements with
productivity as the key to raising the Filipino
quality of life for all, especially the citizens, or corporations or associations
underprivileged. at least sixty per centum of whose
The State shall promote capital is
industrialization and full employment owned by such citizens. Such
based on sound agreements may be for a period not
agricultural development and agrarian exceeding twenty-five
reform, through industries that make years, renewable for not more than
full and twenty-five years, and under such terms
efficient use of human and natural and
resources, and which are competitive in conditions as may be provided by law. In
both cases of water rights for irrigation, water
domestic and foreign markets. However, supply fisheries, or industrial uses other
the State shall protect Filipino than the development of water power,
enterprises beneficial use may be the measure and
against unfair foreign competition and limit of the grant.
trade practices. The State shall protect the nation's
In the pursuit of these goals, all sectors marine wealth in its archipelagic waters,
of the economy and all regions of the territorial
country sea, and exclusive economic zone, and
shall be given optimum opportunity to reserve its use and enjoyment
develop. Private enterprises, including exclusively to
corporations, cooperatives, and similar Filipino citizens.
collective organizations, shall be The Congress may, by law, allow small-
encouraged to scale utilization of natural resources by
broaden the base of their ownership. Filipino
Section 2. All lands of the public citizens, as well as cooperative fish
domain, waters, minerals, coal, farming, with priority to subsistence
petroleum, and other fishermen and
mineral oils, all forces of potential fish- workers in rivers, lakes, bays, and
energy, fisheries, forests or timber, lagoons.
wildlife, flora and The President may enter into
fauna, and other natural resources are agreements with foreign-owned
owned by the State. With the exception corporations involving
of either technical or financial assistance
agricultural lands, all other natural for large-scale exploration,
resources shall not be alienated. The development, and
exploration, utilization of minerals, petroleum, and
development, and utilization of natural other mineral oils according to the
resources shall be under the full control general terms
and and conditions provided by law, based
supervision of the State. The State may on real contributions to the economic
directly undertake such activities, or it growth and
may enter general welfare of the country. In such
agreements, the State shall promote the
development and use of local scientific of forest lands and national parks,
and technical resources. marking clearly their boundaries on the
The President shall notify the Congress ground.
of every contract entered into in Thereafter, such forest lands and
accordance with national parks shall be conserved and
this provision, within thirty days from may not be
its execution. increased nor diminished, except by law.
Section 3. Lands of the public domain The Congress shall provide for such
are classified into agricultural, forest or period as
timber, it may determine, measures to prohibit
mineral lands and national parks. logging in endangered forests and
Agricultural lands of the public domain watershed
may be areas.
further classified by law according to the Section 5. The State, subject to the
uses to which they may be devoted. provisions of this Constitution and
Alienable national
lands of the public domain shall be development policies and programs,
limited to agricultural lands. Private shall protect the rights of indigenous
corporations or cultural
associations may not hold such alienable communities to their ancestral lands to
lands of the public domain except by ensure their economic, social, and
lease, for cultural wellbeing.
a period not exceeding twenty-five years, The Congress may provide for the
renewable for not more than twenty-five applicability of customary laws
years, governing property
and not to exceed one thousand hectares rights or relations in determining the
in area. Citizens of the Philippines may ownership and extent of ancestral
lease domain.
not more than five hundred hectares, or Section 6. The use of property bears a
acquire not more than twelve hectares social function, and all economic agents
thereof, shall
by purchase, homestead, or grant. contribute to the common good.
Taking into account the requirements of Individuals and private groups,
conservation, ecology, and development, including corporations,
and cooperatives, and similar collective
subject to the requirements of agrarian organizations, shall have the right to
reform, the Congress shall determine, by own, establish,
law, and operate economic enterprises,
the size of lands of the public domain subject to the duty of the State to
which may be acquired, developed, held, promote
or leased distributive justice and to intervene
and the conditions therefor. when the common good so demands.
Section 4. The Congress shall, as soon as Section 7. Save in cases of hereditary
possible, determine, by law, the specific succession, no private lands shall be
limits transferred or
conveyed except to individuals, In the grant of rights, privileges, and
corporations, or associations qualified to concessions covering the national
acquire or hold economy and
lands of the public domain. patrimony, the State shall give
Section 8. Notwithstanding the preference to qualified Filipinos.
provisions of Section 7 of this Article, a The State shall regulate and exercise
natural-born authority over foreign investments
citizen of the Philippines who has lost within its
his Philippine citizenship may be a national jurisdiction and in accordance
transferee of with its national goals and priorities.
private lands, subject to limitations Section 11. No franchise, certificate, or
provided by law. any other form of authorization for the
Section 9. The Congress may establish operation
an independent economic and planning of a public utility shall be granted except
agency to citizens of the Philippines or to
headed by the President, which shall, corporations
after consultations with the appropriate or associations organized under the laws
public of the Philippines, at least sixty per
agencies, various private sectors, and centum of
local government units, recommend to whose capital is owned by such citizens;
Congress, nor shall such franchise, certificate, or
and implement continuing integrated authorization be exclusive in character
and coordinated programs and policies or for a longer period than fifty years.
for Neither
national development. shall any such franchise or right be
Until the Congress provides otherwise, granted except under the condition that
the National Economic and it shall be
Development subject to amendment, alteration, or
Authority shall function as the repeal by the Congress when the
independent planning agency of the common good so
government. requires. The State shall encourage
Section 10. The Congress shall, upon equity participation in public utilities by
recommendation of the economic and the general
planning public. The participation of foreign
agency, when the national interest investors in the governing body of any
dictates, reserve to citizens of the public utility
Philippines or to enterprise shall be limited to their
corporations or associations at least proportionate share in its capital, and all
sixty per centum of whose capital is the
owned by such executive and managing officers of such
citizens, or such higher percentage as corporation or association must be
Congress may prescribe, certain areas of citizens of
investments. The Congress shall enact the Philippines.
measures that will encourage the Section 12. The State shall promote the
formation and preferential use of Filipino labor,
operation of enterprises whose capital is domestic
wholly owned by Filipinos.
materials and locally produced goods, State may, during the emergency and
and adopt measures that help make under reasonable terms prescribed by it,
them temporarily take over or direct the
competitive. operation of any privately-owned public
Section 13. The State shall pursue a utility or
trade policy that serves the general business affected with public interest.
welfare and Section 18. The State may, in the interest
utilizes all forms and arrangements of of national welfare or defense, establish
exchange on the basis of equality and and
reciprocity. operate vital industries and, upon
Section 14. The sustained development payment of just compensation, transfer
of a reservoir of national talents to public
consisting of ownership utilities and other private
Filipino scientists, entrepreneurs, enterprises to be operated by the
professionals, managers, high-level Government.
technical Section 19. The State shall regulate or
manpower and skilled workers and prohibit monopolies when the public
craftsmen in all fields shall be promoted interest so
by the requires. No combinations in restraint
State. The State shall encourage of trade or unfair competition shall be
appropriate technology and regulate its allowed.
transfer for the Section 20. The Congress shall establish
national benefit. an independent central monetary
The practice of all professions in the authority, the
Philippines shall be limited to Filipino members of whose governing board
citizens, must be natural-born Filipino citizens,
save in cases prescribed by law. of known
Section 15. The Congress shall create an probity, integrity, and patriotism, the
agency to promote the viability and majority of whom shall come from the
growth of private
cooperatives as instruments for social sector. They shall also be subject to such
justice and economic development. other qualifications and disabilities as
Section 16. The Congress shall not, may be
except by general law, provide for the prescribed by law. The authority shall
formation, provide policy direction in the areas of
organization, or regulation of private money,
corporations. Government-owned or banking, and credit. It shall have
controlled supervision over the operations of banks
corporations may be created or and exercise
established by special charters in the such regulatory powers as may be
interest of the provided by law over the operations of
common good and subject to the test of finance
economic viability. companies and other institutions
Section 17. In times of national performing similar functions.
emergency, when the public interest so Until the Congress otherwise provides,
requires, the the Central Bank of the Philippines
operating
under existing laws, shall function as the It shall guarantee the rights of all
central monetary authority. workers to self-organization, collective
Section 21. Foreign loans may only be bargaining and
incurred in accordance with law and the negotiations, and peaceful concerted
regulation of the monetary authority. activities, including the right to strike in
Information on foreign loans obtained accordance with law. They shall be
or entitled to security of tenure, humane
guaranteed by the Government shall be conditions of
made available to the public. work, and a living wage. They shall also
Section 22. Acts which circumvent or participate in policy and decision-
negate any of the provisions of this making
Article shall be processes affecting their rights and
considered inimical to the national benefits as may be provided by law.
interest and subject to criminal and civil The State shall promote the principle of
sanctions, shared responsibility between workers
as may be provided by law. and
employers and the preferential use of
ARTICLE XIII voluntary modes in settling disputes,
SOCIAL JUSTICE AND HUMAN including
RIGHTS conciliation, and shall enforce their
mutual compliance therewith to foster
Section 1. The Congress shall give industrial
highest priority to the enactment of peace.
measures that The State shall regulate the relations
protect and enhance the right of all the between workers and employers,
people to human dignity, reduce social, recognizing the
economic, and political inequalities, and right of labor to its just share in the
remove cultural inequities by equitably fruits of production and the right of
diffusing wealth and political power for enterprises to
the common good. reasonable returns to investments, and
To this end, the State shall regulate the to expansion and growth.
acquisition, ownership, use, and
disposition of AGRARIAN AND NATURAL
property and its increments. RESOURCES REFORM
Section 2. The promotion of social
justice shall include the commitment to Section 4. The State shall, by law,
create undertake an agrarian reform program
economic opportunities based on founded on
freedom of initiative and self-reliance. the right of farmers and regular
LABOR farmworkers who are landless, to own
Section 3. The State shall afford full directly or
protection to labor, local and overseas, collectively the lands they till or, in the
organized case of other farmworkers, to receive a
and unorganized, and promote full just share
employment and equality of of the fruits thereof. To this end, the
employment State shall encourage and undertake the
opportunities for all. just
distribution of all agricultural lands, Section 7. The State shall protect the
subject to such priorities and reasonable rights of subsistence fishermen,
retention especially of local
limits as the Congress may prescribe, communities, to the preferential use of
taking into account ecological, the communal marine and fishing
developmental, or resources,
equity considerations, and subject to the both inland and offshore. It shall
payment of just compensation. In provide support to such fishermen
determining through
retention limits, the State shall respect appropriate technology and research,
the right of small landowners. The State adequate financial, production, and
shall marketing
further provide incentives for voluntary assistance, and other services. The State
land-sharing. shall also protect, develop, and conserve
Section 5. The State shall recognize the such
right of farmers, farmworkers, and resources. The protection shall extend to
landowners, offshore fishing grounds of subsistence
as well as cooperatives, and other fishermen against foreign intrusion.
independent farmers' organizations to Fishworkers shall receive a just share
participate in from their
the planning, organization, and labor in the utilization of marine and
management of the program, and shall fishing resources.
provide support Section 8. The State shall provide
to agriculture through appropriate incentives to landowners to invest the
technology and research, and adequate proceeds of the
financial, agrarian reform program to promote
production, marketing, and other industrialization, employment creation,
support services. and
Section 6. The State shall apply the privatization of public sector
principles of agrarian reform or enterprises. Financial instruments used
stewardship, as payment for
whenever applicable in accordance with their lands shall be honored as equity in
law, in the disposition or utilization of enterprises of their choice.
other
natural resources, including lands of the URBAN LAND REFORM AND
public domain under lease or concession HOUSING
suitable to agriculture, subject to prior
rights, homestead rights of small Section 9. The State shall, by law, and
settlers, and the for the common good, undertake, in
rights of indigenous communities to cooperation
their ancestral lands. with the private sector, a continuing
The State may resettle landless farmers program of urban land reform and
and farmworkers in its own agricultural housing which
estates will make available at affordable cost,
which shall be distributed to them in the decent housing and basic services to
manner provided by law. underprivileged
and homeless citizens in urban centers rehabilitation, self-development, and
and resettlement areas. It shall also self-reliance, and their integration into
promote adequate employment the
opportunities to such citizens. In the mainstream of society.
implementation of WOMEN
such program the State shall respect the Section 14. The State shall protect
rights of small property owners. working women by providing safe and
Section 10. Urban or rural poor dwellers healthful
shall not be evicted nor their dwelling working conditions, taking into account
demolished, except in accordance with their maternal functions, and such
law and in a just and humane manner. facilities and
No resettlement of urban or rural opportunities that will enhance their
dwellers shall be undertaken without welfare and enable them to realize their
adequate full
consultation with them and the potential in the service of the nation.
communities where they are to be
relocated. ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS
HEALTH
Section 15. The State shall respect the
Section 11. The State shall adopt an role of independent people's
integrated and comprehensive approach organizations to
to health enable the people to pursue and protect,
development which shall endeavor to within the democratic framework, their
make essential goods, health and other legitimate and collective interests and
social aspirations through peaceful and lawful
services available to all the people at means.
affordable cost. There shall be priority People's organizations are bona fide
for the associations of citizens with
needs of the under-privileged, sick, demonstrated capacity
elderly, disabled, women, and children. to promote the public interest and with
The State identifiable leadership, membership,
shall endeavor to provide free medical and
care to paupers. structure.
Section 12. The State shall establish and Section 16. The right of the people and
maintain an effective food and drug their organizations to effective and
regulatory reasonable
system and undertake appropriate participation at all levels of social,
health, manpower development, and political, and economic decision-making
research, shall not be
responsive to the country's health needs abridged. The State shall, by law,
and problems. facilitate the establishment of adequate
Section 13. The State shall establish a consultation
special agency for disabled person for mechanisms.
their
HUMAN RIGHTS measures and legal aid services to the
under-privileged whose human rights
Section 17. (1) There is hereby created an have been
independent office called the violated or need protection;
Commission on (4) Exercise visitorial powers over jails,
Human Rights. prisons, or detention facilities;
(2) The Commission shall be composed (5) Establish a continuing program of
of a Chairman and four Members who research, education, and information to
must be enhance
natural-born citizens of the Philippines respect for the primacy of human rights;
and a majority of whom shall be (6) Recommend to Congress effective
members of the measures to promote human rights and
Bar. The term of office and other to provide
qualifications and disabilities of the for compensation to victims of violations
Members of the of human rights, or their families;
Commission shall be provided by law. (7) Monitor the Philippine
(3) Until this Commission is constituted, Government's compliance with
the existing Presidential Committee on international treaty
Human obligations on human rights;
Rights shall continue to exercise its (8) Grant immunity from prosecution to
present functions and powers. any person whose testimony or whose
(4) The approved annual appropriations possession of documents or other
of the Commission shall be evidence is necessary or convenient to
automatically and determine the
regularly released. truth in any investigation conducted by
Section 18. The Commission on Human it or under its authority;
Rights shall have the following powers (9) Request the assistance of any
and department, bureau, office, or agency in
functions: the
(1) Investigate, on its own or on performance of its functions;
complaint by any party, all forms of (10) Appoint its officers and employees
human rights in accordance with law; and
violations involving civil and political (11) Perform such other duties and
rights; functions as may be provided by law.
(2) Adopt its operational guidelines and Section 19. The Congress may provide
rules of procedure, and cite for contempt for other cases of violations of human
for rights that
violations thereof in accordance with the should fall within the authority of the
Rules of Court; Commission, taking into account its
(3) Provide appropriate legal measures recommendations.
for the protection of human rights of all
persons
within the Philippines, as well as
Filipinos residing abroad, and provide
for preventive
ARTICLE XIV Section 3. (1) All educational institutions
EDUCATION, SCIENCE AND shall include the study of the
TECHNOLOGY, ARTS, Constitution as
CULTURE AND SPORTS part of the curricula.
(2) They shall inculcate patriotism and
EDUCATION nationalism, foster love of humanity,
respect for
Section 1. The State shall protect and human rights, appreciation of the role of
promote the right of all citizens to national heroes in the historical
quality development
education at all levels, and shall take of the country, teach the rights and
appropriate steps to make such duties of citizenship, strengthen ethical
education and spiritual
accessible to all. values, develop moral character and
Section 2. The State shall: personal discipline, encourage critical
(1) Establish, maintain, and support a and creative
complete, adequate, and integrated thinking, broaden scientific and
system of technological knowledge, and promote
education relevant to the needs of the vocational
people and society; efficiency.
(2) Establish and maintain, a system of (3) At the option expressed in writing by
free public education in the elementary the parents or guardians, religion shall
and high be
school levels. Without limiting the allowed to be taught to their children or
natural rights of parents to rear their wards in public elementary and high
children, schools
elementary education is compulsory for within the regular class hours by
all children of school age; instructors designated or approved by
(3) Establish and maintain a system of the religious
scholarship grants, student loan authorities of the religion to which the
programs, children or wards belong, without
subsidies, and other incentives which additional cost
shall be available to deserving students to the Government.
in both Section 4.(1) The State recognizes the
public and private schools, especially to complementary roles of public and
the under-privileged; private
(4) Encourage non-formal, informal, institutions in the educational system
and indigenous learning systems, as well and shall exercise reasonable
as selflearning, supervision and
independent, and out-of-school study regulation of all educational institutions.
programs particularly those that (2) Educational institutions, other than
respond to community needs; and those established by religious groups
(5) Provide adult citizens, the disabled, and
and out-of-school youth with training in mission boards, shall be owned solely by
civics, citizens of the Philippines or
vocational efficiency, and other skills. corporations or
associations at least sixty per centum of contributions used actually, directly, and
the capital of which is owned by such exclusively for educational purposes
citizens. shall be
The Congress may, however, require exempt from tax.
increased Filipino equity participation Section 5. (1) the State shall take into
in all account regional and sectoral needs and
educational institutions. conditions and shall encourage local
The control and administration of planning in the development of
educational institutions shall be vested educational
in citizens of policies and programs.
the Philippines. (2) Academic freedom shall be enjoyed
No educational institution shall be in all institutions of higher learning.
established exclusively for aliens and no (3) Every citizen has a right to select a
group of profession or course of study, subject to
aliens shall comprise more than one- fair,
third of the enrollment in any school. reasonable, and equitable admission and
The academic requirements.
provisions of this subsection shall not (4) The State shall enhance the right of
apply to schools established for foreign teachers to professional advancement.
diplomatic Nonteaching
personnel and their dependents and, academic and non-academic personnel
unless otherwise provided by law, for shall enjoy the protection of the State.
other foreign (5) The State shall assign the highest
temporary residents. budgetary priority to education and
(3) All revenues and assets of non-stock, ensure that
non-profit educational institutions used teaching will attract and retain its
actually, directly, and exclusively for rightful share of the best available
educational purposes shall be exempt talents through
from taxes adequate remuneration and other
and duties. Upon the dissolution or means of job satisfaction and
cessation of the corporate existence of fulfillment.
such
institutions, their assets shall be ARTS AND CULTURE
disposed of in the manner provided by
law. Section 14. The State shall foster the
Proprietary educational institutions, preservation, enrichment, and dynamic
including those cooperatively owned, evolution
may likewise of a Filipino national culture based on
be entitled to such exemptions, subject the principle of unity in diversity in a
to the limitations provided by law, climate of
including free artistic and intellectual expression.
restrictions on dividends and provisions Section 15. Arts and letters shall enjoy
for reinvestment. the patronage of the State. The State
(4) Subject to conditions prescribed by shall
law, all grants, endowments, donations, conserve, promote, and popularize the
or nation's historical and cultural heritage
and
resources, as well as artistic creations. Section 7. For purposes of
Section 16. All the country's artistic and communication and instruction, the
historic wealth constitutes the cultural official languages of the
treasure Philippines are Filipino and, until
of the nation and shall be under the otherwise provided by law, English.
protection of the State which may The regional languages are the auxiliary
regulate its official languages in the regions and
disposition. shall serve
Section 17. The State shall recognize, as auxiliary media of instruction therein.
respect, and protect the rights of Spanish and Arabic shall be promoted
indigenous on a voluntary and optional basis.
cultural communities to preserve and Section 8. This Constitution shall be
develop their cultures, traditions, and promulgated in Filipino and English and
institutions. shall be
It shall consider these rights in the translated into major regional
formulation of national plans and languages, Arabic, and Spanish.
policies. Section 9. The Congress shall establish a
Section 18. (1) The State shall ensure national language commission
equal access to cultural opportunities composed of
through the representatives of various regions and
educational system, public or private disciplines which shall undertake,
cultural entities, scholarships, grants coordinate,
and other and promote researches for the
incentives, and community cultural development, propagation, and
centers, and other public venues. preservation of Filipino
(2) The State shall encourage and and other languages.
support researches and studies on the
arts and SCIENCE AND TECHNOLOGY
culture.
Section 10. Science and technology are
LANGUAGE essential for national development and
progress.
Section 6. The national language of the The State shall give priority to research
Philippines is Filipino. As it evolves, it and development, invention, innovation,
shall be and
further developed and enriched on the their utilization; and to science and
basis of existing Philippine and other technology education, training, and
languages. services. It shall
Subject to provisions of law and as the support indigenous, appropriate, and
Congress may deem appropriate, the self-reliant scientific and technological
Government shall take steps to initiate capabilities, and their application to the
and sustain the use of Filipino as a country's productive systems and
medium of national life.
official communication and as language Section 11. The Congress may provide
of instruction in the educational system. for incentives, including tax deductions,
to
encourage private participation in ARTICLE XV
programs of basic and applied scientific THE FAMILY
research. Section 1. The State recognizes the
Scholarships, grants-in-aid, or other Filipino family as the foundation of the
forms of incentives shall be provided to nation.
deserving Accordingly, it shall strengthen its
science students, researchers, scientists, solidarity and actively promote its total
inventors, technologists, and specially development.
gifted Section 2. Marriage, as an inviolable
citizens. social institution, is the foundation of
Section 12. The State shall regulate the the family
transfer and promote the adaptation of and shall be protected by the State.
technology from all sources for the Section 3. The State shall defend:
national benefit. It shall encourage the (1) The right of spouses to found a
widest family in accordance with their religious
participation of private groups, local convictions and the demands of
governments, and community-based responsible parenthood;
organizations (2) The right of children to assistance,
in the generation and utilization of including proper care and nutrition, and
science and technology. special protection from all forms of
Section 13. The State shall protect and neglect, abuse, cruelty, exploitation and
secure the exclusive rights of scientists, other
inventors, conditions prejudicial to their
artists, and other gifted citizens to their development;
intellectual property and creations, (3) The right of the family to a family
particularly living wage and income; and
when beneficial to the people, for such (4) The right of families or family
period as may be provided by law. associations to participate in the
SPORTS planning and
Section 19. (1) The State shall promote implementation of policies and
physical education and encourage sports programs that affect them.
programs, league competitions, and Section 4. The family has the duty to
amateur sports, including training for care for its elderly members but the
international State may also
competitions, to foster self-discipline, do so through just programs of social
teamwork, and excellence for the security.
development of
a healthy and alert citizenry. ARTICLE XVI
(2) All educational institutions shall GENERAL PROVISIONS
undertake regular sports activities
throughout the Section 1. The flag of the Philippines
country in cooperation with athletic shall be red, white, and blue, with a sun
clubs and other sectors. and three
stars, as consecrated and honored by the
people and recognized by law.
Section 2. The Congress may, by law, government-owned or controlled
adopt a new name for the country, a corporations or any of their subsidiaries.
national (5) Laws on retirement of military
anthem, or a national seal, which shall officers shall not allow extension of their
all be truly reflective and symbolic of the service.
ideals, (6) The officers and men of the regular
history, and traditions of the people. force of the armed forces shall be
Such law shall take effect only upon its recruited
ratification proportionately from all provinces and
by the people in a national referendum. cities as far as practicable.
Section 3. The State may not be sued (7) The tour of duty of the Chief of Staff
without its consent. of the armed forces shall not exceed
Section 4. The Armed Forces of the three years.
Philippines shall be composed of a However, in times of war or other
citizen armed national emergency declared by the
force which shall undergo military Congress, the
training and serve as may be provided President may extend such tour of duty.
by law. It shall Section 6. The State shall establish and
keep a regular force necessary for the maintain one police force, which shall be
security of the State. national in scope and civilian in
Section 5. (1) All members of the armed character, to be administered and
forces shall take an oath or affirmation controlled by a
to national police commission. The
uphold and defend this Constitution. authority of local executives over the
(2) The State shall strengthen the police units in
patriotic spirit and nationalist their jurisdiction shall be provided by
consciousness of the law.
military, and respect for people's rights Section 7. The State shall provide
in the performance of their duty. immediate and adequate care, benefits,
(3) Professionalism in the armed forces and other
and adequate remuneration and benefits forms of assistance to war veterans and
of its veterans of military campaigns, their
members shall be a prime concern of the surviving
State. The armed forces shall be spouses and orphans. Funds shall be
insulated from provided therefor and due consideration
partisan politics. shall be
No member of the military shall engage, given them in the disposition of
directly or indirectly, in any partisan agricultural lands of the public domain
political and, in
activity, except to vote. appropriate cases, in the utilization of
(4) No member of the armed forces in natural resources.
the active service shall, at any time, be Section 8. The State shall, from time to
appointed time, review to increase the pensions
or designated in any capacity to a and other
civilian position in the Government, benefits due to retirees of both the
including government and the private sectors.
Section 9. The State shall protect shall be limited to their proportionate
consumers from trade malpractices and share in the capital thereof, and all the
from executive
substandard or hazardous products. and managing officers of such entities
Section 10. The State shall provide the must be citizens of the Philippines.
policy environment for the full Section 12. The Congress may create a
development of consultative body to advise the
Filipino capability and the emergence of President on
communication structures suitable to policies affecting indigenous cultural
the needs communities, the majority of the
and aspirations of the nation and the members of
balanced flow of information into, out which shall come from such
of, and communities.
across the country, in accordance with a
policy that respects the freedom of ARTICLE XVII
speech and AMENDMENTS OR REVISIONS
of the press.
Section 11. (1) The ownership and Section 1. Any amendment to, or
management of mass media shall be revision of, this Constitution may be
limited to proposed by:
citizens of the Philippines, or to (1) The Congress, upon a vote of three-
corporations, cooperatives or fourths of all its Members; or
associations, whollyowned (2) A constitutional convention.
and managed by such citizens. Section 2. Amendments to this
The Congress shall regulate or prohibit Constitution may likewise be directly
monopolies in commercial mass media proposed by the
when the people through initiative upon a petition
public interest so requires. No of at least twelve per centum of the total
combinations in restraint of trade or number of registered voters, of which
unfair competition every legislative district must be
therein shall be allowed. represented by at
(2) The advertising industry is least three per centum of the registered
impressed with public interest, and shall voters therein. No amendment under
be regulated by this
law for the protection of consumers and section shall be authorized within five
the promotion of the general welfare. years following the ratification of this
Only Filipino citizens or corporations or Constitution nor oftener than once every
associations at least seventy per centum five years thereafter.
of the The Congress shall provide for the
capital of which is owned by such implementation of the exercise of this
citizens shall be allowed to engage in the right.
advertising Section 3. The Congress may, by a vote
industry. of two-thirds of all its Members, call a
The participation of foreign investors in constitutional convention, or by a
the governing body of entities in such majority vote of all its Members, submit
industry to the
electorate the question of calling such a Of the Senators elected in the elections
convention. in 1992, the first twelve obtaining the
Section 4. Any amendment to, or highest
revision of, this Constitution under number of votes shall serve for six years
Section 1 hereof and the remaining twelve for three
shall be valid when ratified by a majority years.
of the votes cast in a plebiscite which Section 3. All existing laws, decrees,
shall be executive orders, proclamations, letters
held not earlier than sixty days nor later of
than ninety days after the approval of instructions, and other executive
such issuances not inconsistent with this
amendment or revision. Constitution shall
Any amendment under Section 2 hereof remain operative until amended,
shall be valid when ratified by a majority repealed, or revoked.
of the Section 4. All existing treaties or
votes cast in a plebiscite which shall be international agreements which have
held not earlier than sixty days nor later not been ratified
than shall not be renewed or extended
ninety days after the certification by the without the concurrence of at least two-
Commission on Elections of the thirds of all the
sufficiency of Members of the Senate.
the petition. Section 5. The six-year term of the
incumbent President and Vice-President
ARTICLE XVIII elected in
TRANSITORY PROVISIONS the February 7, 1986 election is, for
purposes of synchronization of elections,
Section 1. The first elections of Members hereby
of the Congress under this Constitution extended to noon of June 30, 1992.
shall The first regular elections for the
be held on the second Monday of May, President and Vice-President under this
1987. Constitution
The first local elections shall be held on shall be held on the second Monday of
a date to be determined by the May, 1992.
President, which Section 6. The incumbent President
may be simultaneous with the election shall continue to exercise legislative
of the Members of the Congress. It shall powers until
include the first Congress is convened.
the election of all Members of the city or Section 7. Until a law is passed, the
municipal councils in the Metropolitan President may fill by appointment from
Manila a list of
area. nominees by the respective sectors, the
Section 2. The Senators, Members of the seats reserved for sectoral
House of Representatives, and the local representation in
officials first elected under this paragraph (2), Section 5 of Article V1 of
Constitution shall serve until noon of this Constitution.
June 30, 1992.
Section 8. Until otherwise provided by bodies.
the Congress, the President may Section 13. The legal effect of the lapse,
constitute the before the ratification of this
Metropolitan Manila Authority to be Constitution, of the
composed of the heads of all local applicable period for the decision or
government resolution of the cases or matters
units comprising the Metropolitan submitted for
Manila area. adjudication by the courts, shall be
Section 9. A sub-province shall continue determined by the Supreme Court as
to exist and operate until it is converted soon as
into a practicable.
regular province or until its component Section 14. The provisions of paragraphs
municipalities are reverted to the (3) and (4), Section 15 of Article VIII of
mother this
province. Constitution shall apply to cases or
Section 10. All courts existing at the time matters filed before the ratification of
of the ratification of this Constitution this
shall Constitution, when the applicable period
continue to exercise their jurisdiction, lapses after such ratification.
until otherwise provided by law. The Section 15. The incumbent Members of
provisions of the Civil Service Commission, the
the existing Rules of Court, judiciary Commission
acts, and procedural laws not on Elections, and the Commission on
inconsistent with this Audit shall continue in office for one
Constitution shall remain operative year after the
unless amended or repealed by the ratification of this Constitution, unless
Supreme Court they are sooner removed for cause or
or the Congress. become
Section 11. The incumbent Members of incapacitated to discharge the duties of
the Judiciary shall continue in office their office or appointed to a new term
until they thereunder. In no case shall any
reach the age of seventy years or become Member serve longer than seven years
incapacitated to discharge the duties of including service
their before the ratification of this
office or are removed for cause. Constitution.
Section 12. The Supreme Court shall, Section 16. Career civil service
within one year after the ratification of employees separated from the service
this not for cause but as
Constitution, adopt a systematic plan to a result of the reorganization pursuant
expedite the decision or resolution of to Proclamation No. 3 dated March 25,
cases or 1986 and
matters pending in the Supreme Court the reorganization following the
or the lower courts prior to the ratification of this Constitution shall be
effectivity of this entitled to
Constitution. A similar plan shall be appropriate separation pay and to
adopted for all special courts and quasi- retirement and other benefits accruing
judicial to them under
the laws of general application in force any office or body abolished or
at the time of their separation. In lieu reorganized under Proclamation No. 3
thereof, at dated March 25,
the option of the employees, they may be 1986 or this Constitution shall be
considered for employment in the transferred to the office or body to
Government which its powers,
or in any of its subdivisions, functions, and responsibilities
instrumentalities, or agencies, including substantially pertain.
government owned Section 20. The first Congress shall give
or controlled corporations and their priority to the determination of the
subsidiaries. This provision also applies period for
to the full implementation of free public
career officers whose resignation, secondary education.
tendered in line with the existing policy, Section 21. The Congress shall provide
had been efficacious procedures and adequate
accepted. remedies for
Section 17. Until the Congress provides the reversion to the State of all lands of
otherwise, the President shall receive an the public domain and real rights
annual connected
salary of three hundred thousand pesos; therewith which were acquired in
the Vice-President, the President of the violation of the Constitution or the
Senate, public land laws,
the Speaker of the House of or through corrupt practices. No
Representatives, and the Chief Justice of transfer or disposition of such lands or
the Supreme real rights shall
Court, two hundred forty thousand be allowed until after the lapse of one
pesos each; the Senators, the Members year from the ratification of this
of the House Constitution.
of Representatives, the Associate Section 22. At the earliest possible time,
Justices of the Supreme Court, and the the Government shall expropriate idle or
Chairmen of abandoned agricultural lands as may be
the Constitutional Commissions, two defined by law, for distribution to the
hundred four thousand pesos each; and beneficiaries of the agrarian reform
the program.
Members of the Constitutional Section 23. Advertising entities affected
Commissions, one hundred eighty by paragraph (2), Section 11 of Article
thousand pesos each. XV1 of
Section 18. At the earliest possible time, this Constitution shall have five years
the Government shall increase the salary from its ratification to comply on a
scales graduated and
of the other officials and employees of proportionate basis with the minimum
the National Government. Filipino ownership requirement therein.
Section 19. All properties, records, Section 24. Private armies and other
equipment, buildings, facilities, and armed groups not recognized by duly
other assets of constituted
authority shall be dismantled. All Constitution, the corresponding judicial
paramilitary forces including Civilian action or proceeding shall be filed within
Home Defense six
Forces not consistent with the citizen months from its ratification. For those
armed force established in this issued after such ratification, the judicial
Constitution, shall action
be dissolved or, where appropriate, or proceeding shall be commenced
converted into the regular force. within six months from the issuance
Section 25. After the expiration in 1991 thereof.
of the Agreement between the Republic The sequestration or freeze order is
of the deemed automatically lifted if no
Philippines and the United States of judicial action or
America concerning military bases, proceeding is commenced as herein
foreign military provided.
bases, troops, or facilities shall not be Section 27. This Constitution shall take
allowed in the Philippines except under effect immediately upon its ratification
a treaty by a
duly concurred in by the Senate and, majority of the votes cast in a plebiscite
when the Congress so requires, ratified held for the purpose and shall supersede
by a all
majority of the votes cast by the people previous Constitutions.
in a national referendum held for that The foregoing proposed Constitution of
purpose, the Republic of the Philippines was
and recognized as a treaty by the other approved by
contracting State. the Constitutional Commission of 1986
Section 26. The authority to issue on the twelfth day of October, Nineteen
sequestration or freeze orders under hundred
Proclamation and eighty-six, and accordingly signed
No. 3 dated March 25, 1986 in relation on the fifteenth day of October,
to the recovery of ill-gotten wealth shall Nineteen
remain hundred and eighty-six at the Plenary
operative for not more than eighteen Hall, National Government Center,
months after the ratification of this Quezon City,
Constitution. by the Commissioners whose signatures
However, in the national interest, as are hereunder affixed.
certified by the President, the Congress
may extend
such period.
A sequestration or freeze order shall be
issued only upon showing of a prima
facie case.
The order and the list of the sequestered
or frozen properties shall forthwith be
registered with the proper court. For
orders issued before the ratification of
this