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1987 PHILIPPINE CONSTITUTION

ARTICLE I: National Territory

Summary: Article I states the scope and extent of the country's territory,
including the internal waters; and terrestrial, fluvial and aerial domains.
Furthermore, the waters around, between, and connecting the islands
of the Philippines form part of the country's internal waters (based on
the Archipelagic Doctrine).

ARTICLE II: Declaration of Principles and State Policies

Summary: Article II contains 28 sections divided into two parts. The first
part enumerates the principles of the State such as the democratic and
republican nature of the Philippine State; the supremacy of civilian
authority over the military; the people's duty to defend the State;
separation of Church and State; and renunciation of war as an
instrument of national policy. While the second part stipulates the State
policies such as the promotion of an independent foreign policy;
recognition of the youth's and women's role in nation-building;
promotion of a comprehensive rural development and agrarian reform;
and the promotion of social justice.

ARTICLE III: Bill of Rights

Summary: Article III recognizes the individual rights of the Filipino

people and guarantees its protection against abuses. Included in the bill
of rights are: due process of law; equal protection of the laws;
protection against unreasonable searches and seizures; right to privacy
of communication and correspondence; and the right to free speech,
expression and to peaceably assemble. The specific rights of the
accused is likewise presented, such as; right to bail, right to criminal due
process, right to speedy disposition of cases, right against self-
incrimination, non-imprisonment for non payment of debt or a poll tax,
and right against double jeopardy. It further prohibits the enactment of
an ex post facto law or a bill of attainder.

ARTICLE IV: Citizenship

Summary: Article IV enumerates the conditions of being citizens of the

Philippines and the manner of acquiring and losing Philippine
citizenship. It also provides for the constitutional definition of natural-
born citizen and the retention of Philippine citizenship of those who
marry aliens unless they have renounced it.

ARTICLE V: Suffrage

Summary: Article V stipulates the qualifications of the Filipinos who

have the right to vote. No literacy, property, or other substantive
requirement is imposed on the exercise of suffrage. The Congress is
tasked to provide a system to protect the ballots, a system of overseas
absentee voting, and a procedure for the disabled and illiterates to vote
without the assistance of other persons.

ARTICLE VI: Legislative Department

Summary: Article VI provides for the establishment of a bicameral

legislature, its composition, terms of office, powers and functions as the
legislative branch of the government. Under this Article, the people can
also exercise legislative powers through a system of initiative and
referendum. The members of the Senate, or the Upper house, are
elected at large by the qualified voters of the Philippines and are to
serve for six years with a maximum of two terms. While there are two
kinds of members of the House of Representatives or the Lower House
of Congress, namely, the representatives elected by district and those
elected through the party-list system. The term of office of the
members of the lower house is shorter than the Senate. Each member
of the House of Representatives is elected for a term of three years with
a maximum of three terms. The powers of Congress include the passage
of bills, levy taxes, approve appropriation, declare a state of war, and
confirm presidential appointments through the Commission of
Appointments.

ARTICLE VII: Executive Department

Summary: Article VII stipulates the qualifications, duties and functions

of the President and Vice-President. It expressly states that the
executive power is vested in the President of the Philippines. The
President and the Vice-President are elected by direct vote of the
qualified voters of the Philippines for a six-year term. While the
President is not qualified for re-election, the vice-president can serve
two (2) consecutive terms. This article stipulates that the President is
the head of state, the chief executive of government, and the
commander-in-chief of the armed forces. However, certain protections
are declared against abuses of executive power such as the prohibition
against practice of any other profession, prohibition against
appointment of spouse and relatives to certain positions in government
and limitation on the declaration of martial law or suspension of the
privilege of the writ of habeas corpus to a period not exceeding 60 days.

ARTICLE VIII: Judicial Department

Summary: Article VIII provides for the composition, powers and
functions of the judiciary. The judicial power is vested in one Supreme
Court and in such lower courts as may be established by law. Composed
of the Chief Justice and 14 Associate Justices, the Supreme Court has
administrative supervision over all courts and its personnel. Among the
notable powers of the Supreme Court are its exercise of original
jurisdiction on cases involving ambassadors, public ministers and
consuls; review, revise, reverse, modify, or affirm judgments or
decisions of lower courts; rule on the constitutionality of laws and
treaties; and appoint officials and employees of the judiciary.
Furthermore, the members of the Supreme Court and the judges of
lower courts are appointed by the President from a list of at least three
nominees prepared by the Judicial and Bar Council (JBC). They must be
natural-born citizens of the Philippines and must be at least forty years
of age. They will hold office hold office during good behavior until the
age of 70 years or become incapacitated to discharge the duties of their
office. The JBC, which is created in this article, is under the supervision
of the Supreme Court and has the principal function of nominating
appointments to the judiciary

ARTICLE IX: Constitutional Commissions

Summary: Article IX stipulates the creation of three independent

constitutional commissions such as, the Civil Service Commission (CSC),
the Commission on Elections (COMELEC), and the Commission on Audit
(COA). Each commission enjoys fiscal autonomy, appoints their officials
and employees in accordance with law, and is composed of
commissioners appointed by the President with the consent of the
Commission on Appointments. The Civil Service Commission is the
central personnel agency of the government and establishes a career
service based on merit and fitness. The Commission on Elections, on
the other hand, enforces and administers all laws and regulations
relative to the conduct of an election, plebiscite, initiative, referendum,
and recall. Lastly, the Commission on Audit examines, audits, and settles
all accounts pertaining to the funds and property, owned or held in
trust by, or pertaining to the government.

ARTICLE X: Local Government

Summary: Article X provides for a decentralized local government

administration through the various territorial and political subdivisions
such as, the autonomous regions, provinces, cities, municipalities, and
barangays. This article further mandates Congress to enact a local
government code for a more responsive and accountable local
government structure, and an organic act for the autonomous regions
in Muslim Mindanao and in the Cordilleras.

ARTICLE XI: Accountability of Public Officers

Summary: Article XI states that public office is a public trust. This article
enumerates the officials that may be impeached, the grounds for
impeachment, and the rules of impeachment. The House of
Representatives initiates all impeachment cases, while the Senate
conducts the trial and decides on all impeachment cases. This article
also provides for the creation of special judicial institutions as
instruments of public accountability namely, the Sandiganbayan as the
anti-graft court, the Office of the Ombudsman and the Office of the
Special Prosecutor.

ARTICLE XII: National Economy and Patrimony

Summary: Article XII declares the aims of the State for a more equitable
distribution of opportunities, income, and wealth; sustainable
development and industrialization; and full employment of its citizens.
All natural resources except agricultural lands are owned by the State. It
stipulates the limitations on the exploration, development and
utilization of these natural resources by Filipino citizens, private
corporations or associations, and foreign-owned corporations. Congress
is mandated to establish an independent economic and planning
agency and an independent central monetary authority. Section 17
grants the State the power to take over or direct the operation of any
privately-owned public utility or business affected with public interest in
times of national emergency.

Article XIII: Social Justice and Human Rights

Summary: Article XIII declares that the State shall promote social
justice, agrarian and natural resources reform, urban land reform and
housing; protect labor; recognize the rights of every citizen and people's
organization, and adopt an integrated health development program. It
also mandates Congress to enact a law creating an independent
Commission on Human Rights, with the responsibility of investigating
cases of human rights violation.

ARTICLE XIV: Education, Science and Technology, Arts, Culture, and

Sports

Summary: Article XIV declares the principles of the State on education,

language, science and technology, arts and culture, and sports. On
education, the State shall protect and promote the right of all citizens to
quality education. This article also mandates that education shall be
accessible to all. On language, this article states that Filipino is the the
national language of the Philippines. Filipino shall be used as a medium
of official communication and as language of instruction in the
educational system. Furthermore, Congress is mandated to establish a
national language commission. On science and technology, priority is
given on research and development, incentives are provided to science
students, researchers, scientists and gifted citizens to encourage
scientific research. On arts and culture, the State shall promote the
Philippine national culture and shall preserve, and develop the cultures,
traditions and institutions of the indigenous cultural communities.
Lastly on sports, the State shall promote physical education and
different sports activities to foster self-discipline, teamwork, and
excellence.

ARTICLE XV: The Family

Summary: Article XV recognizes the Filipino family as the foundation of

the nation. The constitutional definition of marriage is found herein. It
further provides for specific provisions to protect the rights of spouses,
children, family and family associations. The duty of the family and the
State to care for the elderly is likewise set forth in this article.

ARTICLE XVI: General Provisions

Summary: Article XVI contains provisions on twelve subjects. The design

of the Philippine flag is set forth in the first section, followed by a
section on any change, by law, of the name of the country, national
anthem and national seal. Section 3 hereof provides for the general rule
on State's immunity from suit. The composition of the Armed Forces of
the Philippines as well as other provisions on the military such as
recruitment, appointment, and retirement of soldiers and officers are
likewise found in this article. This article further provides for the
establishment of a national and civilian police force. It also stipulates
general provisions on the benefits, pensions and assistance to war
veterans, their spouses and orphans, as well as to the retirees of the
government and the private sectors. It is also mandated that the State
shall protect the consumer against trade malpractices, respect the
freedom of speech and of the press, regulate the ownership and
management of mass media and the advertising industry. Lastly, it is
stipulated that Congress may create a consultative body on indigenous
cultural communities.

ARTICLE XVII: Amendments or Revisions

Summary: Article XVII stipulates that any amendment to, and revision of
the Constitution may be proposed by a three-fourths vote of all the
members of Congress and a constitutional convention. The people may
likewise propose amendments through an initiative of at least twelve
percent of total registered voters. It further states that any amendment
or revision is not valid without a ratification by a majority of votes cast
in a plebiscite.

ARTICLE XVIII: Transitory Provisions

Summary: Article XVIII stipulates specific provisions that are temporary

in nature on the first elections, the judiciary, legal codes, international
agreements, civil service and private armies. It stipulates the dates of
the first elections of the members of the Congress, the first local
elections and the first regular elections for the President and Vice-
President. This article further provides for the continued enforcement
of all existing laws which are consistent with this Constitution as well as
the continued exercise of jurisdiction of all courts, until otherwise
provided by law. Section 24 mandates that all private armies and other
paramilitary groups outside the armed forces of the Philippines be
dismantled. An important provision on the expiration of the Military
Bases Agreement in 1991 includes a declaration that no foreign military
bases, troops or facilities shall be allowed in the Philippines except
under a treaty duly concurred in by the Senate. The last part hereof is
with regard to the sequestration or freeze order concerning the
recovery of ill-gotten wealth.