Republic Act No.

6657             June 10, 1988

AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE

SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS
IMPLEMENTATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER I
Preliminary Chapter

Section 1. Title. — This Act shall be known as the Comprehensive Agrarian Reform Law of
1988.

Section 2. Declaration of Principles and Policies. — It is the policy of the State to pursue a
Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and
farmworkers will receive the highest consideration to promote social justice and to move the nation
toward sound rural development and industrialization, and the establishment of owner cultivatorship
of economic-size farms as the basis of Philippine agriculture.

To this end, a more equitable distribution and ownership of land, with due regard to the rights of
landowners to just compensation and to the ecological needs of the nation, shall be undertaken to
provide farmers and farmworkers with the opportunity to enhance their dignity and improve the
quality of their lives through greater productivity of agricultural lands.

The agrarian reform program is founded on the right of farmers and regular farmworkers, who are
landless, to own directly or collectively the lands they till or, in the case of other farm workers, to
receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to the priorities and retention limits set forth in this
Act, having taken into account ecological, developmental, and equity considerations, and subject to
the payment of just compensation. The State shall respect the right of small landowners, and shall
provide incentives for voluntary land-sharing.

The State shall recognize the right of farmers, farmworkers and landowners, as well as cooperatives
and other independent farmers' organizations, to participate in the planning, organization, and
management of the program, and shall provide support to agriculture through appropriate technology
and research, and adequate financial production, marketing and other support services.

The State shall apply the principles of agrarian reform, or stewardship, whenever applicable, in
accordance with law, in the disposition or utilization of other natural resources, including lands of the
public domain, under lease or concession, suitable to agriculture, subject to prior rights, homestead
rights of small settlers and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates, which shall
be distributed to them in the manner provided by law.

By means of appropriate incentives, the State shall encourage the formation and maintenance of
economic-size family farms to be constituted by individual beneficiaries and small landowners.
The State shall protect the rights of subsistence fishermen, especially of local communities, to the
preferential use of communal marine and fishing resources, both inland and offshore.t shall provide
support to such fishermen through appropriate technology and research, adequate financial,
production and marketing assistance and other services. The State shall also protect, develop and
conserve such resources. The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the
utilization of marine and fishing resources.

The State shall be guided by the principles that land has a social function and land ownership has a
social responsibility. Owners of agricultural lands have the obligation to cultivate directly or through
labor administration the lands they own and thereby make the land productive.

The State shall provide incentives to landowners to invest the proceeds of the agrarian reform
program to promote industrialization, employment and privatization of public sector enterprises.
Financial instruments used as payment for lands shall contain features that shall enhance
negotiability and acceptability in the marketplace.

The State may lease undeveloped lands of the public domain to qualified entities for the
development of capital-intensive farms, and traditional and pioneering crops especially those for
exports subject to the prior rights of the beneficiaries under this Act.

Section 3. Definitions. — For the purpose of this Act, unless the context indicates otherwise:

(a) Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to
farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to
include the totality of factors and support services designed to lift the economic status of the
beneficiaries and all other arrangements alternative to the physical redistribution of lands,
such as production or profit-sharing, labor administration, and the distribution of shares of
stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they
work.

(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the soil,
planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the
harvesting of such farm products, and other farm activities and practices performed by a
farmer in conjunction with such farming operations done by person whether natural or
juridical.

(c) Agricultural Land refers to land devoted to agricultural activity as defined in this Act and
not classified as mineral, forest, residential, commercial or industrial land.

(d) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether
leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including
disputes concerning farmworkers' associations or representation of persons in negotiating,
fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial
arrangements.

It includes any controversy relating to compensation of lands acquired under this Act and
other terms and conditions of transfer of ownership from landowners to farmworkers, tenants
and other agrarian reform beneficiaries, whether the disputants stand in the proximate
relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.
 (e) Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed
to produce any crop nor devoted to any specific economic purpose continuously for a period
of three (3) years immediately prior to the receipt of notice of acquisition by the government
as provided under this Act, but does not include land that has become permanently or
regularly devoted to non-agricultural purposes.t does not include land which has become
unproductive by reason of force majeure or any other fortuitous event, provided that prior to
such event, such land was previously used for agricultural or other economic purpose.

(f) Farmer refers to a natural person whose primary livelihood is cultivation of land or the
production of agricultural crops, either by himself, or primarily with the assistance of his
immediate farm household, whether the land is owned by him, or by another person under a
leasehold or share tenancy agreement or arrangement with the owner thereof.

(g) Farmworker is a natural person who renders service for value as an employee or laborer
in an agricultural enterprise or farm regardless of whether his compensation is paid on a
daily, weekly, monthly or "pakyaw" basis. The term includes an individual whose work has
ceased as a consequence of, or in connection with, a pending agrarian dispute and who has
not obtained a substantially equivalent and regular farm employment.

(h) Regular Farmworker is a natural person who is employed on a permanent basis by an

agricultural enterprise or farm.

(i) Seasonal Farmworker is a natural person who is employed on a recurrent, periodic or

intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-
permanent laborer, such as "dumaan", "sacada", and the like.

(j) Other Farmworker is a farmworker who does not fall under paragraphs (g), (h) and (i).

(k) Cooperatives shall refer to organizations composed primarily of small agricultural

producers, farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily
organize themselves for the purpose of pooling land, human, technological, financial or other
economic resources, and operated on the principle of one member, one vote. A juridical
person may be a member of a cooperative, with the same rights and duties as a natural
person.

CHAPTER II
Coverage

Section 4. Scope. — The Comprehensive Agrarian Reform Law of 1989 shall cover, regardless of
tenurial arrangement and commodity produced, all public and private agricultural lands, as provided
in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain
suitable for agriculture.

More specifically the following lands are covered by the Comprehensive Agrarian Reform Program:

(a) All alienable and disposable lands of the public domain devoted to or suitable for
agriculture. No reclassification of forest or mineral lands to agricultural lands shall be
undertaken after the approval of this Act until Congress, taking into account ecological,
developmental and equity considerations, shall have determined by law, the specific limits of
the public domain.
 (b) All lands of the public domain in excess of the specific limits as determined by Congress
in the preceding paragraph;

(c) All other lands owned by the Government devoted to or suitable for agriculture; and

(d) All private lands devoted to or suitable for agriculture regardless of the agricultural
products raised or that can be raised thereon.

Section 5. Schedule of Implementation. — The distribution of all lands covered by this Act shall be
implemented immediately and completed within ten (10) years from the effectivity thereof.

Section 6. Retention Limits. — Except as otherwise provided in this Act, no person may own or
retain, directly or indirectly, any public or private agricultural land, the size of which shall vary
according to factors governing a viable family-size farm, such as commodity produced, terrain,
infrastructure, and soil fertility as determined by the Presidential Agrarian Reform Council (PARC)
created hereunder, but in no case shall retention by the landowner exceed five (5) hectares. Three
(3) hectares may be awarded to each child of the landowner, subject to the following qualifications:
(1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land or directly
managing the farm: provided, that landowners whose lands have been covered by Presidential
Decree No. 27 shall be allowed to keep the areas originally retained by them thereunder: provided,
further, that original homestead grantees or their direct compulsory heirs who still own the original
homestead at the time of the approval of this Act shall retain the same areas as long as they
continue to cultivate said homestead.

The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to
the landowner: provided, however, that in case the area selected for retention by the landowner is
tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in
the same or another agricultural land with similar or comparable features.n case the tenant chooses
to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a
beneficiary under this Act.n case the tenant chooses to be a beneficiary in another agricultural land,
he loses his right as a leaseholder to the land retained by the landowner. The tenant must exercise
this option within a period of one (1) year from the time the landowner manifests his choice of the
area for retention.

In all cases, the security of tenure of the farmers or farmworkers on the land prior to the approval of
this Act shall be respected.

Upon the effectivity of this Act, any sale, disposition, lease, management, contract or transfer of
possession of private lands executed by the original landowner in violation of the Act shall be null
and void: provided, however, that those executed prior to this Act shall be valid only when registered
with the Register of Deeds within a period of three (3) months after the effectivity of this Act.
Thereafter, all Registers of Deeds shall inform the Department of Agrarian Reform (DAR) within
thirty (30) days of any transaction involving agricultural lands in excess of five (5) hectares.

Section 7. Priorities. — The Department of Agrarian Reform (DAR) in coordination with the
Presidential Agrarian Reform Council (PARC) shall plan and program the acquisition and distribution
of all agricultural lands through a period of ten (10) years from the effectivity of this Act. Lands shall
be acquired and distributed as follows:

Phase One: Rice and corn lands under Presidential Decree No. 27; all idle or abandoned lands; all
private lands voluntarily offered by the owners for agrarian reform; all lands foreclosed by the
government financial institutions; all lands acquired by the Presidential Commission on Good
Government (PCGG); and all other lands owned by the government devoted to or suitable for
agriculture, which shall be acquired and distributed immediately upon the effectivity of this Act, with
the implementation to be completed within a period of not more than four (4) years;

Phase Two: All alienable and disposable public agricultural lands; all arable public agricultural lands
under agro-forest, pasture and agricultural leases already cultivated and planted to crops in
accordance with Section 6, Article XIII of the Constitution; all public agricultural lands which are to be
opened for new development and resettlement; and all private agricultural lands in excess of fifty
(50) hectares, insofar as the excess hectarage is concerned, to implement principally the rights of
farmers and regular farmworkers, who are the landless, to own directly or collectively the lands they
till, which shall be distributed immediately upon the effectivity of this Act, with the implementation to
be completed within a period of not more than four (4) years.

Phase Three: All other private agricultural lands commencing with large landholdings and
proceeding to medium and small landholdings under the following schedule:

(a) Landholdings above twenty-four (24) hectares up to fifty (50) hectares, to begin on the
fourth (4th) year from the effectivity of this Act and to be completed within three (3) years;
and

(b) Landholdings from the retention limit up to twenty-four (24) hectares, to begin on the sixth
(6th) year from the effectivity of this Act and to be completed within four (4) years; to
implement principally the right of farmers and regular farmworkers who are landless, to own
directly or collectively the lands they till.

The schedule of acquisition and redistribution of all agricultural lands covered by this program shall
be made in accordance with the above order of priority, which shall be provided in the implementing
rules to be prepared by the Presidential Agrarian Reform Council (PARC), taking into consideration
the following; the need to distribute land to the tillers at the earliest practicable time; the need to
enhance agricultural productivity; and the availability of funds and resources to implement and
support the program.

In any case, the PARC, upon recommendation by the Provincial Agrarian Reform Coordinating
Committee (PARCCOM), may declare certain provinces or region as priority land reform areas, in
which the acquisition and distribution of private agricultural lands therein may be implemented ahead
of the above schedules.

In effecting the transfer within these guidelines, priority must be given to lands that are tenanted.

The PARC shall establish guidelines to implement the above priorities and distribution scheme,
including the determination of who are qualified beneficiaries: provided, that an owner-tiller may be a
beneficiary of the land he does not own but is actually cultivating to the extent of the difference
between the area of the land he owns and the award ceiling of three (3) hectares.

Section 8. Multinational Corporations. — All lands of the public domain leased, held or possessed
by multinational corporations or associations, and other lands owned by the government or by
government-owned or controlled corporations, associations, institutions, or entities, devoted to
existing and operational agri-business or agro-industrial enterprises, operated by multinational
corporations and associations, shall be programmed for acquisition and distribution immediately
upon the effectivity of this Act, with the implementation to be completed within three (3) years.
Lands covered by the paragraph immediately preceding, under lease, management, grower or
service contracts, and the like, shall be disposed of as follows:

(a) Lease, management, grower or service contracts covering such lands covering an
aggregate area in excess of 1,000 hectares, leased or held by foreign individuals in excess
of 500 hectares are deemed amended to conform with the limits set forth in Section 3 of
Article XII of the Constitution.

(b) Contracts covering areas not in excess of 1,000 hectares in the case of such corporations
and associations, and 500 hectares, in the case of such individuals, shall be allowed to
continue under their original terms and conditions but not beyond August 29, 1992, or their
valid termination, whichever comes sooner, after which, such agreements shall continue only
when confirmed by the appropriate government agency. Such contracts shall likewise
continue even after the lands has been transferred to beneficiaries or awardees thereof,
which transfer shall be immediately commenced and implemented and completed within the
period of three (3) years mentioned in the first paragraph hereof.

(c) In no case will such leases and other agreements now being implemented extend beyond
August 29, 1992, when all lands subject hereof shall have been distributed completely to
qualified beneficiaries or awardees.

Such agreements can continue thereafter only under a new contract between the government or
qualified beneficiaries or awardees, on the one hand, and said enterprises, on the other.

Lands leased, held or possessed by multinational corporations, owned by private individuals and
private non-governmental corporations, associations, institutions and entities, citizens of the
Philippines, shall be subject to immediate compulsory acquisition and distribution upon the expiration
of the applicable lease, management, grower or service contract in effect as of August 29, 1987, or
otherwise, upon its valid termination, whichever comes sooner, but not later than after ten (10) years
following the effectivity of the Act. However during the said period of effectivity, the government shall
take steps to acquire these lands for immediate distribution thereafter.

In general, lands shall be distributed directly to the individual worker-beneficiaries.n case it is not
economically feasible and sound to divide the land, then they shall form a workers' cooperative or
association which will deal with the corporation or business association or any other proper party for
the purpose of entering into a lease or growers agreement and for all other legitimate purposes. Until
a new agreement is entered into by and between the workers' cooperative or association and the
corporation or business association or any other proper party, any agreement existing at the time
this Act takes effect between the former and the previous landowner shall be respected by both the
workers' cooperative or association and the corporation, business, association or such other proper
party.n no case shall the implementation or application of this Act justify or result in the reduction of
status or diminution of any benefits received or enjoyed by the worker-beneficiaries, or in which they
may have a vested right, at the time this Act becomes effective.

The provisions of Section 32 of this Act, with regard to production and income-sharing shall apply to
farms operated by multinational corporations.

During the transition period, the new owners shall be assisted in their efforts to learn modern
technology in production. Enterprises which show a willingness and commitment and good-faith
efforts to impart voluntarily such advanced technology will be given preferential treatment where
feasible.
In no case shall a foreign corporation, association, entity or individual enjoy any rights or privileges
better than those enjoyed by a domestic corporation, association, entity or individual.

Section 9. Ancestral Lands. — For purposes of this Act, ancestral lands of each indigenous
cultural community shall include, but not be limited to, lands in the actual, continuous and open
possession and occupation of the community and its members: provided, that the Torrens Systems
shall be respected.

The right of these communities to their ancestral lands shall be protected to ensure their economic,
social and cultural well-being.n line with the principles of self-determination and autonomy, the
systems of land ownership, land use, and the modes of settling land disputes of all these
communities must be recognized and respected.

Any provision of law to the contrary notwithstanding, the PARC may suspend the implementation of
this Act with respect to ancestral lands for the purpose of identifying and delineating such lands:
provided, that in the autonomous regions, the respective legislatures may enact their own laws on
ancestral domain subject to the provisions of the Constitution and the principles enunciated in this
Act and other national laws.

Section 10. Exemptions and Exclusions. — Lands actually, directly and exclusively used and
found to be necessary for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding
grounds, watersheds, and mangroves, national defense, school sites and campuses including
experimental farm stations operated by public or private schools for educational purposes, seeds
and seedlings research and pilot production centers, church sites and convents appurtenant thereto,
mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries,
penal colonies and penal farms actually worked by the inmates, government and private research
and quarantine centers and all lands with eighteen percent (18%) slope and over, except those
already developed shall be exempt from the coverage of the Act.

Section 11. Commercial Farming. — Commercial farms, which are private agricultural lands
devoted to commercial livestock, poultry and swine raising, and aquaculture including saltbeds,
fishponds and prawn ponds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee
and rubber plantations, shall be subject to immediate compulsory acquisition and distribution after
(10) years from the effectivity of the Act.n the case of new farms, the ten-year period shall begin
from the first year of commercial production and operation, as determined by the DAR. During the
ten-year period, the government shall initiate the steps necessary to acquire these lands, upon
payment of just compensation for the land and the improvements thereon, preferably in favor of
organized cooperatives or associations, which shall hereafter manage the said lands for the worker-
beneficiaries.

If the DAR determines that the purposes for which this deferment is granted no longer exist, such
areas shall automatically be subject to redistribution.

The provisions of Section 32 of the Act, with regard to production-and income-sharing, shall apply to
commercial farms.

CHAPTER III
Improvement of Tenurial and Labor Relations

Section 12. Determination of Lease Rentals. — In order to protect and improve the tenurial and
economic status of the farmers in tenanted lands under the retention limit and lands not yet acquired
under this Act, the DAR is mandated to determine and fix immediately the lease rentals thereof in
accordance with Section 34 of Republic Act No. 3844, as amended: provided, that the DAR shall
immediately and periodically review and adjust the rental structure for different crops, including rice
and corn, or different regions in order to improve progressively the conditions of the farmer, tenant or
lessee.

Section 13. Production-Sharing Plan. — Any enterprise adopting the scheme provided for in
Section 32 or operating under a production venture, lease, management contract or other similar
arrangement and any farm covered by Sections 8 and 11 hereof is hereby mandated to execute
within ninety (90) days from the effectivity of this Act, a production-sharing plan, under guidelines
prescribed by the appropriate government agency.

Nothing herein shall be construed to sanction the diminution of any benefits such as salaries,
bonuses, leaves and working conditions granted to the employee-beneficiaries under existing laws,
agreements, and voluntary practice by the enterprise, nor shall the enterprise and its employee-
beneficiaries be prevented from entering into any agreement with terms more favorable to the latter.

CHAPTER IV
Registration

Section 14. Registration of Landowners. — Within one hundred eighty (180) days from the
effectivity of this Act, all persons, natural or juridical, including government entities, that own or claim
to own agricultural lands, whether in their names or in the name of others, except those who have
already registered pursuant to Executive Order No. 229, who shall be entitled to such incentives as
may be provided for the PARC, shall file a sworn statement in the proper assessor's office in the
form to be prescribed by the DAR, stating the following information:

(a) the description and area of the property;

(b) the average gross income from the property for at least three (3) years;

(c) the names of all tenants and farmworkers therein;

(d) the crops planted in the property and the area covered by each crop as of June 1, 1987;

(e) the terms of mortgages, lease, and management contracts subsisting as of June 1, 1987,
and

(f) the latest declared market value of the land as determined by the city or provincial
assessor.

Section 15. Registration of Beneficiaries. — The DAR in coordination with the Barangay Agrarian
Reform Committee (BARC) as organized in this Act, shall register all agricultural lessees, tenants
and farmworkers who are qualified to be beneficiaries of the CARP. These potential beneficiaries
with the assistance of the BARC and the DAR shall provide the following data:

(a) names and members of their immediate farm household;

(b) owners or administrators of the lands they work on and the length of tenurial relationship;

(c) location and area of the land they work;

 (d) crops planted; and

(e) their share in the harvest or amount of rental paid or wages received.

A copy of the registry or list of all potential CARP beneficiaries in the barangay shall be posted in the
barangay hall, school or other public buildings in the barangay where it shall be open to inspection
by the public at all reasonable hours.

CHAPTER V
Land Acquisition

Section 16. Procedure for Acquisition of Private Lands. — For purposes of acquisition of private
lands, the following procedures shall be followed:

(a) After having identified the land, the landowners and the beneficiaries, the DAR shall send
its notice to acquire the land to the owners thereof, by personal delivery or registered mail,
and post the same in a conspicuous place in the municipal building and barangay hall of the
place where the property is located. Said notice shall contain the offer of the DAR to pay a
corresponding value in accordance with the valuation set forth in Sections 17, 18, and other
pertinent provisions hereof.

(b) Within thirty (30) days from the date of receipt of written notice by personal delivery or
registered mail, the landowner, his administrator or representative shall inform the DAR of
his acceptance or rejection of the offer.

(c) If the landowner accepts the offer of the DAR, the Land Bank of the Philippines (LBP)
shall pay the landowner the purchase price of the land within thirty (30) days after he
executes and delivers a deed of transfer in favor of the government and surrenders the
Certificate of Title and other muniments of title.

(d) In case of rejection or failure to reply, the DAR shall conduct summary administrative
proceedings to determine the compensation for the land requiring the landowner, the LBP
and other interested parties to submit evidence as to the just compensation for the land,
within fifteen (15) days from the receipt of the notice. After the expiration of the above period,
the matter is deemed submitted for decision. The DAR shall decide the case within thirty (30)
days after it is submitted for decision.

(e) Upon receipt by the landowner of the corresponding payment or, in case of rejection or
no response from the landowner, upon the deposit with an accessible bank designated by
the DAR of the compensation in cash or in LBP bonds in accordance with this Act, the DAR
shall take immediate possession of the land and shall request the proper Register of Deeds
to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines.
The DAR shall thereafter proceed with the redistribution of the land to the qualified
beneficiaries.

(f) Any party who disagrees with the decision may bring the matter to the court of proper
jurisdiction for final determination of just compensation.

CHAPTER VI
Compensation
Section 17. Determination of Just Compensation. — In determining just compensation, the cost
of acquisition of the land, the current value of the like properties, its nature, actual use and income,
the sworn valuation by the owner, the tax declarations, and the assessment made by government
assessors shall be considered. The social and economic benefits contributed by the farmers and the
farmworkers and by the Government to the property as well as the non-payment of taxes or loans
secured from any government financing institution on the said land shall be considered as additional
factors to determine its valuation.

Section 18. Valuation and Mode of Compensation. — The LBP shall compensate the landowner
in such amounts as may be agreed upon by the landowner and the DAR and the LBP, in accordance
with the criteria provided for in Sections 16 and 17, and other pertinent provisions hereof, or as may
be finally determined by the court, as the just compensation for the land.

The compensation shall be paid on one of the following modes, at the option of the landowner:

(1) Cash payment, under the following terms and conditions;

(a) For lands above fifty (50) hectares, — Twenty-five percent (25%) cash, the
insofar as the excess hectarage is balance to be paid in government
concerned. financial instruments negotiable at any
time.

(b) For lands above twenty-four (24) — Thirty percent (30%) cash, the
hectares and up to fifty (50) hectares. balance to be paid in government
financial instruments negotiable at any
time.

(c) For lands twenty-four (24) hectares — Thirty-five percent (35%) cash, the
and below. balance to be paid in government
financial instruments negotiable at any
time.

(2) Shares of stock in government-owned or controlled corporations, LBP preferred shares,

physical assets or other qualified investments in accordance with guidelines set by the
PARC;

(3) Tax credits which can be used against any tax liability;

(4) LBP bonds, which shall have the following features:

(a) Market interest rates aligned with 91-day treasury bill rates. Ten percent (10%) of
the face value of the bonds shall mature every year from the date of issuance until
the tenth (10th) year: provided, that should the landowner choose to forego the cash
portion, whether in full or in part, he shall be paid correspondingly in LBP bonds;

(b) Transferability and negotiability. Such LBP bonds may be used by the landowner,
his successors in interest or his assigns, up to the amount of their face value, for any
of the following:

(i) Acquisition of land or other real properties of the government, including

assets under the Asset Privatization Program and other assets foreclosed by
 government financial institutions in the same province or region where the
lands for which the bonds were paid are situated;

(ii) Acquisition of shares of stock of government-owned or -controlled

corporations or shares of stocks owned by the government in private
corporations;

(iii) Substitution for surety or bail bonds for the provisional release of accused
persons, or performance bonds;

(iv) Security for loans with any government financial institution, provided the
proceeds of the loans shall be invested in an economic enterprise, preferably
in a small-and medium-scale industry, in the same province or region as the
land for which the bonds are paid;

(v) Payment for various taxes and fees to government; provided, that the use
of these bonds for these purposes will be limited to a certain percentage of
the outstanding balance of the financial instruments: provided, further, that
the PARC shall determine the percentage mentioned above;

(vi) Payment for tuition fees of the immediate family of the original
bondholder in government universities, colleges, trade schools, and other
institutions;

(vii) Payment for fees of the immediate family of the original bondholder in
government hospitals; and

(viii) Such other uses as the PARC may from time to time allow.

In case of extraordinary inflation, the PARC shall take appropriate measures to protect the economy.

Section 19. Incentives for Voluntary Offers for Sales. — Landowners, other than banks and other
financial institutions, who voluntarily offer their lands for sale shall be entitled to an additional five
percent (5%) cash payment.

Section 20. Voluntary Land Transfer. — Landowners of agricultural lands subject to acquisition

under this Act may enter into a voluntary arrangement for direct transfer of their lands to qualified
beneficiaries subject to the following guidelines:

(a) All notices for voluntary land transfer must be submitted to the DAR within the first year of
the implementation of the CARP. Negotiations between the landowners and qualified
beneficiaries covering any voluntary land transfer which remain unresolved after one (1) year
shall not be recognized and such land shall instead be acquired by the government and
transferred pursuant to this Act.

(b) The terms and conditions of such transfer shall not be less favorable to the transferee
than those of the government's standing offer to purchase from the landowner and to resell
to the beneficiaries, if such offers have been made and are fully known to both parties.

(c) The voluntary agreement shall include sanctions for non-compliance by either party and
shall be duly recorded and its implementation monitored by the DAR.
Section 21. Payment of Compensation by Beneficiaries Under Voluntary Land Transfer. —
Direct payments in cash or in kind may be by the farmer-beneficiary to the landowner under terms to
be mutually agreed upon by both parties, which shall be binding upon them, upon registration with
the approval by the DAR. Said approval shall be considered given, unless notice of disapproval is
received by the farmer-beneficiary within thirty (30) days from the date of registration.

In the event they cannot agree on the price of land, the procedure for compulsory acquisition as
provided in Section 16 shall apply. The LBP shall extend financing to the beneficiaries for purposes
of acquiring the land.

CHAPTER VII
Land Redistribution

Section 22. Qualified Beneficiaries. — The lands covered by the CARP shall be distributed as
much as possible to landless residents of the same barangay, or in the absence thereof, landless
residents of the same municipality in the following order of priority:

(a) agricultural lessees and share tenants;

(b) regular farmworkers;

(c) seasonal farmworkers;

(d) other farmworkers;

(e) actual tillers or occupants of public lands;

(f) collectives or cooperatives of the above beneficiaries; and

(g) others directly working on the land.

Provided, however, that the children of landowners who are qualified under Section 6 of this Act
shall be given preference in the distribution of the land of their parents: and provided, further, that
actual tenant-tillers in the landholdings shall not be ejected or removed therefrom.

Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned
their land are disqualified to become beneficiaries under this Program.

A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and
make the land as productive as possible. The DAR shall adopt a system of monitoring the record or
performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or
any support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall
submit periodic reports on the performance of the beneficiaries to the PARC.

If, due to the landowner's retention rights or to the number of tenants, lessees, or workers on the
land, there is not enough land to accommodate any or some of them, they may be granted
ownership of other lands available for distribution under this Act, at the option of the beneficiaries.

Farmers already in place and those not accommodated in the distribution of privately-owned lands
will be given preferential rights in the distribution of lands from the public domain.
Section 23. Distribution Limit. — No qualified beneficiary may own more than three (3) hectares of
agricultural land.

Section 24. Award to Beneficiaries. — The rights and responsibilities of the beneficiary shall
commence from the time the DAR makes an award of the land to him, which award shall be
completed within one hundred eighty (180) days from the time the DAR takes actual possession of
the land. Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award,
which shall contain the restrictions and conditions provided for in this Act, and shall be recorded in
the Register of Deeds concerned and annotated on the Certificate of Title.

Section 25. Award Ceilings for Beneficiaries. — Beneficiaries shall be awarded an area not
exceeding three (3) hectares which may cover a contiguous tract of land or several parcels of land
cumulated up to the prescribed award limits.

For purposes of this Act, a landless beneficiary is one who owns less than three (3) hectares of
agricultural land.

The beneficiaries may opt for collective ownership, such as co-ownership or farmers cooperative or
some other form of collective organization: provided, that the total area that may be awarded shall
not exceed the total number of co-owners or member of the cooperative or collective organization
multiplied by the award limit above prescribed, except in meritorious cases as determined by the
PARC. Title to the property shall be issued in the name of the co-owners or the cooperative or
collective organization as the case may be.

Section 26. Payment by Beneficiaries. — Lands awarded pursuant to this Act shall be paid for by
the beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per
annum. The payments for the first three (3) years after the award may be at reduced amounts as
established by the PARC: provided, that the first five (5) annual payments may not be more than five
percent (5%) of the value of the annual gross production as established by the DAR. Should the
scheduled annual payments after the fifth year exceed ten percent (10%) of the annual gross
production and the failure to produce accordingly is not due to the beneficiary's fault, the LBP may
reduce the interest rate or reduce the principal obligations to make the repayment affordable.

The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary; and this
mortgage may be foreclosed by the LBP for non-payment of an aggregate of three (3) annual
amortizations. The LBP shall advise the DAR of such proceedings and the latter shall subsequently
award the forfeited landholdings to other qualified beneficiaries. A beneficiary whose land, as
provided herein, has been foreclosed shall thereafter be permanently disqualified from becoming a
beneficiary under this Act.

Section 27. Transferability of Awarded Lands. — Lands acquired by beneficiaries under this Act
may not be sold, transferred or conveyed except through hereditary succession, or to the
government, or the LBP, or to other qualified beneficiaries for a period of ten (10) years: provided,
however, that the children or the spouse of the transferor shall have a right to repurchase the land
from the government or LBP within a period of two (2) years. Due notice of the availability of the land
shall be given by the LBP to the Barangay Agrarian Reform Committee (BARC) of the barangay
where the land is situated. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as
herein provided, shall, in turn, be given due notice thereof by the BARC.

If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or
conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary
who, as a condition for such transfer or conveyance, shall cultivate the land himself. Failing
compliance herewith, the land shall be transferred to the LBP which shall give due notice of the
availability of the land in the manner specified in the immediately preceding paragraph.

In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum
for the amounts the latter has already paid, together with the value of improvements he has made on
the land.

Section 28. Standing Crops at the Time of Acquisition. — The landowner shall retain his share of
any standing crops unharvested at the time the DAR shall take possession of the land under Section
16 of the Act, and shall be given a reasonable time to harvest the same.

CHAPTER VIII
Corporate Farms

Section 29. Farms Owned or Operated by Corporations or Other Business Associations. — In

the case of farms owned or operated by corporations or other business associations, the following
rules shall be observed by the PARC:

In general, lands shall be distributed directly to the individual worker-beneficiaries.

In case it is not economically feasible and sound to divide the land, then it shall be owned
collectively by the workers' cooperative or association which will deal with the corporation or
business association. Until a new agreement is entered into by and between the workers'
cooperative or association and the corporation or business association, any agreement existing at
the time this Act takes effect between the former and the previous landowner shall be respected by
both the workers' cooperative or association and the corporation or business association.

Section 30. Homelots and Farmlots for Members of Cooperatives. — The individual members of
the cooperatives or corporations mentioned in the preceding section shall be provided with homelots
and small farmlots for their family use, to be taken from the land owned by the cooperative or
corporation.

Section 31. Corporate Landowners. — Corporate landowners may voluntarily transfer ownership

over their agricultural landholdings to the Republic of the Philippines pursuant to Section 20 hereof
or to qualified beneficiaries, under such terms and conditions, consistent with this Act, as they may
agree upon, subject to confirmation by the DAR.

Upon certification by the DAR, corporations owning agricultural lands may give their qualified
beneficiaries the right to purchase such proportion of the capital stock of the corporation that the
agricultural land, actually devoted to agricultural activities, bears in relation to the company's total
assets, under such terms and conditions as may be agreed upon by them.n no case shall the
compensation received by the workers at the time the shares of stocks are distributed be reduced.
The same principle shall be applied to associations, with respect to their equity or participation.

Corporations or associations which voluntarily divest a proportion of their capital stock, equity or
participation in favor of their workers or other qualified beneficiaries under this section shall be
deemed to have complied with the provisions of the Act: provided, that the following conditions are
complied with:
 a) In order to safeguard the right of beneficiaries who own shares of stocks to dividends and
other financial benefits, the books of the corporation or association shall be subject to
periodic audit by certified public accountants chosen by the beneficiaries;

b) Irrespective of the value of their equity in the corporation or association, the beneficiaries
shall be assured of at least one (1) representative in the board of directors, or in a
management or executive committee, if one exists, of the corporation or association; and

c) Any shares acquired by such workers and beneficiaries shall have the same rights and
features as all other shares.

d) Any transfer of shares of stocks by the original beneficiaries shall be void ab initio unless
said transaction is in favor of a qualified and registered beneficiary within the same
corporation.

If within two (2) years from the approval of this Act, the land or stock transfer envisioned above is not
made or realized or the plan for such stock distribution approved by the PARC within the same
period, the agricultural land of the corporate owners or corporation shall be subject to the
compulsory coverage of this Act.

Section 32. Production-Sharing. — Pending final land transfer, individuals or entities owning, or

operating under lease or management contract, agricultural lands are hereby mandated to execute a
production-sharing plan with their farm workers or farmworkers' reorganization, if any, whereby three
percent (3%) of the gross sales from the production of such lands are distributed within sixty (60)
days of the end of the fiscal year as compensation to regular and other farmworkers in such lands
over and above the compensation they currently receive: provided, that these individuals or entities
realize gross sales in excess of five million pesos per annum unless the DAR, upon proper
application, determines a lower ceiling.

In the event that the individual or entity realizes a profit, an additional ten percent (10%) of the net
profit after tax shall be distributed to said regular and other farmworkers within ninety (90) days of
the end of the fiscal year.

To forestall any disruption in the normal operation of lands to be turned over to the farmworker-
beneficiaries mentioned above, a transitory period, the length of which shall be determined by the
DAR, shall be established.

During this transitory period, at least one percent (1%) of the gross sales of the entity shall be
distributed to the managerial, supervisory and technical group in place at the time of the effectivity of
this Act, as compensation for such transitory managerial and technical functions as it will perform,
pursuant to an agreement that the farmworker-beneficiaries and the managerial, supervisory and
technical group may conclude, subject to the approval of the DAR.

Section 33. Payment of Shares of Cooperative or Association. — Shares of a cooperative or

association acquired by farmers-beneficiaries or workers-beneficiaries shall be fully paid for in an
amount corresponding to the valuation as determined in the immediately succeeding section. The
landowner and the LBP shall assist the farmers-beneficiaries and workers-beneficiaries in the
payment for said shares by providing credit financing.

Section 34. Valuation of Lands. — A valuation scheme for the land shall be formulated by the
PARC, taking into account the factors enumerated in Section 17, in addition to the need to stimulate
the growth of cooperatives and the objective of fostering responsible participation of the workers-
beneficiaries in the creation of wealth.

In the determination of price that is just not only to the individuals but to society as well, the PARC
shall consult closely with the landowner and the workers-beneficiaries.

In case of disagreement, the price as determined by the PARC, if accepted by the workers-
beneficiaries, shall be followed, without prejudice to the landowner's right to petition the Special
Agrarian Court to resolve the issue of valuation.

CHAPTER IX
Support Services

Section 35. Creation of Support Services Office. — There is hereby created the Office of Support
Services under the DAR to be headed by an Undersecretary.

The Office shall provide general support and coordinative services in the implementation of the
program particularly in carrying out the provisions of the following services to farmer-beneficiaries
and affected landowners:

1) Irrigation facilities, especially second crop or dry season irrigation facilities;

2) Infrastructure development and public works projects in areas and settlements that come
under agrarian reform, and for this purpose, the preparation of the physical development
plan of such settlements providing suitable barangay sites, potable water and power
resources, irrigation systems and other facilities for a sound agricultural development plan;

3) Government subsidies for the use of irrigation facilities;

4) Price support and guarantee for all agricultural produce;

5) Extending to small landowners, farmers' organizations the necessary credit, like

concessional and collateral-free loans, for agro-industrialization based on social collaterals
like the guarantees of farmers' organization:

6) Promoting, developing and extending financial assistance to small-and medium-scale

industries in agrarian reform areas;

7) Assigning sufficient numbers of agricultural extension workers to farmers' organizations;

8) Undertake research, development and dissemination of information on agrarian reform

and low-cost and ecologically sound farm inputs and technologies to minimize reliance on
expensive and imported agricultural inputs;

9) Development of cooperative management skills through intensive training;

10) Assistance in the identification of ready markets for agricultural produce and training in
other various prospects of marketing; andtai
 11) Administration operation management and funding of support services, programs and
projects including pilot projects and models related to agrarian reform as developed by the
DAR.

Section 36. Funding for Support Services. — In order to cover the expenses and cost of support
services, at least twenty-five percent (25%) of all appropriations for agrarian reform shall be
immediately set aside and made available for this purpose.n addition, the DAR shall be authorized to
package proposals and receive grants, aid and other forms of financial assistance from any source.

Section 37. Support Services to the Beneficiaries. — The PARC shall ensure that support
services to farmers-beneficiaries are provided, such as:

(a) Land surveys and titling;

(b) Liberalized terms on credit facilities and production loans;

(c) Extension services by way of planting, cropping, production and post-harvest technology
transfer, as well as marketing and management assistance and support to cooperatives and
farmers' organizations;

(d) Infrastructure such as access trails, mini-dams, public utilities, marketing and storage
facilities; and

(e) Research, production and use of organic fertilizers and other local substances necessary
in farming and cultivation.

The PARC shall formulate policies to ensure that support services to farmer-beneficiaries shall be
provided at all stages of land reform.

The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be transferred and
attached to the LBP, for its supervision including all its applicable and existing funds, personnel,
properties, equipment and records.

Misuse or diversion of the financial and support services herein provided shall result in sanctions
against the beneficiary guilty thereof, including the forfeiture of the land transferred to him or lesser
sanctions as may be provided by the PARC, without prejudice to criminal prosecution.

Section 38. Support Services to Landowners. — The PARC with the assistance of such other
government agencies and instrumentalities as it may direct, shall provide landowners affected by the
CARP and prior agrarian reform programs with the following services:

(a) Investment information financial and counseling assistance;

(b) Facilities, programs and schemes for the conversion or exchange of bonds issued for
payment of the lands acquired with stocks and bonds issued by the National Government,
the Central Bank and other government institutions and instrumentalities;

(c) Marketing of LBP bonds, as well as promoting the marketability of said bonds in
traditional and non-traditional financial markets and stock exchanges; and
 (d) Other services designed to utilize productively the proceeds of the sale of such lands for
rural industrialization.

A landowner who invests in rural-based industries shall be entitled to the incentives granted to a
registered enterprise engaged in a pioneer or preferred area of investment as provided for in the
Omnibus Investment Code of 1987, or to such other incentives as the PARC, the LBP, or other
government financial institutions may provide.

The LBP shall redeem a landowner's LBP bonds at face value, provided that the proceeds thereof
shall be invested in a BOI-registered company or in any agri-business or agro-industrial enterprise in
the region where the landowner has previously made investments, to the extent of thirty percent
(30%) of the face value of said LBP bonds, subject to guidelines that shall be issued by the LBP.

Section 39. Land Consolidation. — The DAR shall carry out land consolidation projects to promote
equal distribution of landholdings, to provide the needed infrastructures in agriculture, and to
conserve soil fertility and prevent erosion.

CHAPTER X
Special Areas of Concern

Section 40. Special Areas of Concern. — As an integral part of the Comprehensive Agrarian

Reform Program, the following principles in these special areas of concern shall be observed:

(1) Subsistence Fishing. — Small fisherfolk, including seaweed farmers, shall be assured of

greater access to the utilization of water resources.

(2) Logging and Mining Concessions. — Subject to the requirement of a balanced ecology

and conservation of water resources, suitable areas, as determined by the Department of
Environment and Natural Resources (DENR), in logging, mining and pasture areas, shall be
opened up for agrarian settlements whose beneficiaries shall be required to undertake
reforestation and conservation production methods. Subject to existing laws, rules and
regulations, settlers and members of tribal communities shall be allowed to enjoy and exploit
the products of the forest other than timer within the logging concessions.

(3) Sparsely Occupied Public Agricultural Lands. — Sparsely occupied agricultural lands of

the public domain shall be surveyed, proclaimed and developed as farm settlements for
qualified landless people based on an organized program to ensure their orderly and early
development.

Agricultural land allocations shall be made for ideal family-size farms as determined by the
PARC. Pioneers and other settlers shall be treated equally in every respect.

Subject to the prior rights of qualified beneficiaries, uncultivated lands of the public domain
shall be made available on a lease basis to interested and qualified parties. Parties who will
engaged in the development of capital-intensive, traditional or pioneering crops shall be
given priority.

The lease period, which shall not be more than a total of fifty (50) years, shall be
proportionate to the amount of investment and production goals of the lessee. A system of
evaluation and audit shall be instituted.
 (4) Idle, Abandoned, Foreclosed and Sequestered Lands. — Idle, abandoned, foreclosed
and sequestered lands shall be planned for distribution as home lots and family-size farmlots
to actual occupants.f land area permits, other landless families shall be accommodated in
these lands.

(5) Rural Women. — All qualified women members of the agricultural labor force must be
guaranteed and assured equal right to ownership of the land, equal shares of the farm's
produce, and representation in advisory or appropriate decision-making bodies.

(6) Veterans and Retirees. — In accordance with Section 7 of Article XVI of the Constitution,
landless war veterans and veterans of military campaigns, their surviving spouse and
orphans, retirees of the Armed Forces of the Philippines (AFP) and the Integrated National
Police (INP), returnees, surrenderees, and similar beneficiaries shall be given due
consideration in the disposition of agricultural lands of the public domain.

(7) Agriculture Graduates. — Graduates of agricultural schools who are landless shall be

assisted by the government, through the DAR, in their desire to own and till agricultural
lands.

CHAPTER XI
Program Implementation

Section 41. The Presidential Agrarian Reform Council. — The Presidential Agrarian Reform
Council (PARC) shall be composed of the President of the Philippines as Chairman, the Secretary of
Agrarian Reform as Vice-Chairman and the following as members; Secretaries of the Departments
of Agriculture; Environment and Natural Resources; Budget and Management; Local Government:
Public Works and Highways; Trade and Industry; Finance; Labor and Employment; Director-General
of the National Economic and Development Authority; President, Land Bank of the Philippines;
Administrator, National Irrigation Administration; and three (3) representatives of affected
landowners to represent Luzon, Visayas and Mindanao; six (6) representatives of agrarian reform
beneficiaries, two (2) each from Luzon, Visayas and Mindanao, provided that one of them shall be
from the cultural communities.

Section 42. Executive Committee. — There shall be an Executive Committee (EXCOM) of the

PARC composed of the Secretary of the DAR as Chairman, and such other members as the
President may designate, taking into account Article XIII, Section 5 of the Constitution. Unless
otherwise directed by PARC, the EXCOM may meet and decide on any and all matters in between
meetings of the PARC: provided, however, that its decisions must be reported to the PARC
immediately and not later than the next meeting.

Section 43. Secretariat. — A PARC Secretariat is hereby established to provide general support

and coordinative services such as inter-agency linkages; program and project appraisal and
evaluation and general operations monitoring for the PARC.

The Secretariat shall be headed by the Secretary of Agrarian Reform who shall be assisted by an
Undersecretary and supported by a staff whose composition shall be determined by the PARC
Executive Committee and whose compensation shall be chargeable against the Agrarian Reform
Fund. All officers and employees of the Secretariat shall be appointed by the Secretary of Agrarian
Reform.

Section 44. Provincial Agrarian Reform Coordinating Committee (PARCCOM). — A Provincial

Agrarian Reform Coordinating Committee (PARCCOM) is hereby created in each province,
composed of a Chairman, who shall be appointed by the President upon the recommendation of the
EXCOM, the Provincial Agrarian Reform Officer as Executive Officer, and one representative each
from the Departments of Agriculture, and of Environment and Natural Resources and from the LBP,
one representative each from existing farmers' organizations, agricultural cooperatives and non-
governmental organizations in the province; two representatives from landowners, at least one of
whom shall be a producer representing the principal crop of the province, and two representatives
from farmer and farmworker-beneficiaries, at least one of whom shall be a farmer or farmworker
representing the principal crop of the province, as members: provided, that in areas where there are
cultural communities, the latter shall likewise have one representative.

The PARCCOM shall coordinate and monitor the implementation of the CARP in the province.t shall
provide information on the provisions of the CARP, guidelines issued by the PARC and on the
progress of the CARP in the province.

Section 45. Province-by-Province Implementation. — The PARC shall provide the guidelines for
a province-by-province implementation of the CARP. The ten-year program of distribution of public
and private lands in each province shall be adjusted from year by the province's PARCCOM in
accordance with the level of operations previously established by the PARC, in every case ensuring
that support services are available or have been programmed before actual distribution is effected.

Section 46. Barangay Agrarian Reform Committee (BARC). — Unless otherwise provided in this
Act, the provisions of Executive Order No. 229 regarding the organization of the Barangay Agrarian
Reform Committee (BARC) shall be in effect.

Section 47. Functions of the BARC. — In addition to those provided in Executive Order No. 229,
the BARC shall have the following functions:

(a) Mediate and conciliate between parties involved in an agrarian dispute including matters
related to tenurial and financial arrangements;

(b) Assist in the identification of qualified beneficiaries and landowners within the barangay;

(c) Attest to the accuracy of the initial parcellary mapping of the beneficiary's tillage;

(d) Assist qualified beneficiaries in obtaining credit from lending institutions;

(e) Assist in the initial determination of the value of the land;

(f) Assist the DAR representatives in the preparation of periodic reports on the CARP
implementation for submission to the DAR;

(g) Coordinate the delivery of support services to beneficiaries; and

(h) Perform such other functions as may be assigned by the DAR.

(2) The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it
within thirty (30) days from its taking cognizance thereof.f after the lapse of the thirty day period, it is
unable to settle the dispute, it shall issue a certificate of its proceedings and shall furnish a copy
thereof upon the parties within seven (7) days after the expiration of the thirty-day period.
Section 48. Legal Assistance. — The BARC or any member thereof may, whenever necessary in
the exercise of any of its functions hereunder, seek the legal assistance of the DAR and the
provincial, city, or municipal government.

Section 49. Rules and Regulations. — The PARC and the DAR shall have the power to issue
rules and regulations, whether substantive or procedural, to carry out the objects and purposes of
this Act. Said rules shall take effect ten (10) days after publication in two (2) national newspapers of
general circulation.

CHAPTER XII
Administrative Adjudication

Section 50. Quasi-Judicial Powers of the DAR. — The DAR is hereby vested with the primary
jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original
jurisdiction over all matters involving the implementation of agrarian reform except those falling
under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of
Environment and Natural Resources (DENR).

It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and
decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable
means to ascertain the facts of every case in accordance with justice and equity and the merits of
the case. Toward this end, it shall adopt a uniform rule of procedure to achieve a just, expeditious
and inexpensive determination for every action or proceeding before it.

It shall have the power to summon witnesses, administer oaths, take testimony, require submission
of reports, compel the production of books and documents and answers to interrogatories and issue
subpoena, and subpoena duces tecum, and enforce its writs through sheriffs or other duly deputized
officers.t shall likewise have the power to punish direct and indirect contempts in the same manner
and subject to the same penalties as provided in the Rules of Court.

Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their
organizations in any proceedings before the DAR: provided, however, that when there are two or
more representatives for any individual or group, the representatives should choose only one among
themselves to represent such party or group before any DAR proceedings.

Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be immediately
executory.

Section 51. Finality of Determination. — Any case or controversy before it shall be decided within
thirty (30) days after it is submitted for resolution. Only one (1) motion for reconsideration shall be
allowed. Any order, ruling or decision shall be final after the lapse of fifteen (15) days from receipt of
a copy thereof.

Section 52. Frivolous Appeals. — To discourage frivolous or dilatory appeals from the decisions or
orders on the local or provincial levels, the DAR may impose reasonable penalties, including but not
limited to fines or censures upon erring parties.

Section 53. Certification of the BARC. — The DAR shall not take cognizance of any agrarian
dispute or controversy unless a certification from the BARC that the dispute has been submitted to it
for mediation and conciliation without any success of settlement is presented: provided, however,
that if no certification is issued by the BARC within thirty (30) days after a matter or issue is
submitted to it for mediation or conciliation the case or dispute may be brought before the PARC.

CHAPTER XIII
Judicial Review

Section 54. Certiorari. — Any decision, order, award or ruling of the DAR on any agrarian dispute
or on any matter pertaining to the application, implementation, enforcement, or interpretation of this
Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari
except as otherwise provided in this Act within fifteen (15) days from the receipt of a copy thereof.

The findings of fact of the DAR shall be final and conclusive if based on substantial evidence.

Section 55. No Restraining Order or Preliminary Injunction. — No court in the Philippines shall
have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC or
any of its duly authorized or designated agencies in any case, dispute or controversy arising from,
necessary to, or in connection with the application, implementation, enforcement, or interpretation of
this Act and other pertinent laws on agrarian reform.

Section 56. Special Agrarian Court. — The Supreme Court shall designate at least one (1) branch
of the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court.

The Supreme Court may designate more branches to constitute such additional Special Agrarian
Courts as may be necessary to cope with the number of agrarian cases in each province.n the
designation, the Supreme Court shall give preference to the Regional Trial Courts which have been
assigned to handle agrarian cases or whose presiding judges were former judges of the defunct
Court of Agrarian Relations.

The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction
in addition to the regular jurisdiction of their respective courts.

The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the
Regional Trial Courts.

Section 57. Special Jurisdiction. — The Special Agrarian Courts shall have original and exclusive
jurisdiction over all petitions for the determination of just compensation to landowners, and the
prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings
before the Special Agrarian Courts, unless modified by this Act.

The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within
thirty (30) days from submission of the case for decision.

Section 58. Appointment of Commissioners. — The Special Agrarian Courts, upon their own
initiative or at the instance of any of the parties, may appoint one or more commissioners to
examine, investigate and ascertain facts relevant to the dispute including the valuation of properties,
and to file a written report thereof with the court.

Section 59. Orders of the Special Agrarian Courts. — No order of the Special Agrarian Courts on
any issue, question, matter or incident raised before them shall be elevated to the appellate courts
until the hearing shall have been terminated and the case decided on the merits.
Section 60. Appeals. — An appeal may be taken from the decision of the Special Agrarian Courts
by filing a petition for review with the Court of Appeals within fifteen (15) days receipt of notice of the
decision; otherwise, the decision shall become final.

An appeal from the decision of the Court of Appeals, or from any order, ruling or decision of the
DAR, as the case may be, shall be by a petition for review with the Supreme Court within a non-
extendible period of fifteen (15) days from receipt of a copy of said decision.

Section 61. Procedure on Review. — Review by the Court of Appeals or the Supreme Court, as
the case may be, shall be governed by the Rules of Court. The Court of Appeals, however, may
require the parties to file simultaneous memoranda within a period of fifteen (15) days from notice,
after which the case is deemed submitted for decision.

Section 62. Preferential Attention in Courts. — All courts in the Philippines, both trial and
appellate, shall give preferential attention to all cases arising from or in connection with the
implementation of the provisions of this Act.

All cases pending in court arising from or in connection with the implementation of this Act shall
continue to be heard, tried and decided into their finality, notwithstanding the expiration of the ten-
year period mentioned in Section 5 hereof.

CHAPTER XIV
Financing

Section 63. Funding Source. — The initial amount needed to implement this Act for the period of
ten (10) years upon approval hereof shall be funded from the Agrarian Reform Fund created under
Sections 20 and 21 of Executive Order No. 229.

Additional amounts are hereby authorized to be appropriated as and when needed to augment the
Agrarian Reform Fund in order to fully implement the provisions of this Act.

Sources of funding or appropriations shall include the following:

(a) Proceeds of the sales of the Assets Privatization Trust;

(b) All receipts from assets recovered and from sales of ill-gotten wealth recovered through
the Presidential Commission on Good Government;

(c) Proceeds of the disposition of the properties of the Government in foreign countries;

(d) Portion of amounts accruing to the Philippines from all sources of official foreign grants
and concessional financing from all countries, to be used for the specific purposes of
financing production credits, infrastructures, and other support services required by this Act;

(e) Other government funds not otherwise appropriated.

All funds appropriated to implement the provisions of this Act shall be considered continuing
appropriations during the period of its implementation.
Section 64. Financial Intermediary for the CARP. — The Land Bank of the Philippines shall be
the financial intermediary for the CARP, and shall insure that the social justice objectives of the
CARP shall enjoy a preference among its priorities.

CHAPTER XV
General Provisions

Section 65. Conversion of Lands. — After the lapse of five (5) years from its award, when the land
ceases to be economically feasible and sound for agricultural purposes, or the locality has become
urbanized and the land will have a greater economic value for residential, commercial or industrial
purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the
affected parties, and subject to existing laws, may authorize the reclassification or conversion of the
land and its disposition: provided, that the beneficiary shall have fully paid his obligation.

Section 66. Exemptions from Taxes and Fees of Land Transfers. — Transactions under this Act
involving a transfer of ownership, whether from natural or juridical persons, shall be exempted from
taxes arising from capital gains. These transactions shall also be exempted from the payment of
registration fees, and all other taxes and fees for the conveyance or transfer thereof; provided, that
all arrearages in real property taxes, without penalty or interest, shall be deductible from the
compensation to which the owner may be entitled.

Section 67. Free Registration of Patents and Titles. — All Registers of Deeds are hereby directed
to register, free from payment of all fees and other charges, patents, titles and documents required
for the implementation of the CARP.

Section 68. Immunity of Government Agencies from Undue Interference. — No injunction,

restraining order, prohibition or mandamus shall be issued by the lower courts against the
Department of Agrarian Reform (DAR), the Department of Agriculture (DA), the Department of
Environment and Natural Resources (DENR), and the Department of Justice (DOJ) in their
implementation of the program.

Section 69. Assistance of Other Government Entities. — The PARC, in the exercise of its
functions, is hereby authorized to call upon the assistance and support of other government
agencies, bureaus and offices, including government-owned or -controlled corporations.

Section 70. Disposition of Private Agricultural Lands. — The sale or disposition of agricultural

lands retained by a landowner as a consequence of Section 6 hereof shall be valid as long as the
total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired
shall not exceed the landholding ceilings provided for in this Act.

Any sale or disposition of agricultural lands after the effectivity of this Act found to be contrary to the
provisions hereof shall be null and void.

Transferees of agricultural lands shall furnish the appropriate Register of Deeds and the BARC an
affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the
landholding ceiling. The Register of Deeds shall not register the transfer of any agricultural land
without the submission of this sworn statement together with proof of service of a copy thereof to the
BARC.

Section 71. Bank Mortgages. — Banks and other financial institutions allowed by law to hold
mortgage rights or security interests in agricultural lands to secure loans and other obligations of
borrowers, may acquire title to these mortgaged properties, regardless of area, subject to existing
laws on compulsory transfer of foreclosed assets and acquisition as prescribed under Section 13 of
this Act.

Section 72. Lease, Management, Grower or Service Contracts, Mortgages and Other

Claims. — Lands covered by this Act under lease, management, grower or service contracts, and
the like shall be disposed of as follows:

(a) Lease, management, grower or service contracts covering private lands may continue
under their original terms and conditions until the expiration of the same even if such land
has, in the meantime, been transferred to qualified beneficiaries.

(b) Mortgages and other claims registered with the Register of Deeds shall be assumed by
the government up to an amount equivalent to the landowner's compensation value as
provided in this Act.

Section 73. Prohibited Acts and Omissions. — The following are prohibited:

(a) The ownership or possession, for the purpose of circumventing the provisions of this Act,
of agricultural lands in excess of the total retention limits or award ceilings by any person,
natural or juridical, except those under collective ownership by farmer-beneficiaries.

(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under
this Act to avail themselves of the rights and benefits of the Agrarian Reform Program.

(c) The conversion by any landowner of his agricultural land into any non-agricultural use
with intent to avoid the application of this Act to his landholdings and to dispossess his
tenant farmers of the land tilled by them.

(d) The willful prevention or obstruction by any person, association or entity of the
implementation of the CARP.

(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers
and city limits either in whole or in part after the effectivity of this Act. The date of the
registration of the deed of conveyance in the Register of Deeds with respect to titled lands
and the date of the issuance of the tax declaration to the transferee of the property with
respect to unregistered lands, as the case may be, shall be conclusive for the purpose of this
Act.

(f) The sale, transfer or conveyance by a beneficiary of the right to use or any other
usufructuary right over the land he acquired by virtue of being a beneficiary, in order to
circumvent the provisions of this Act.

Section 74. Penalties. — Any person who knowingly or willfully violates the provisions of this Act
shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or
a fine of not less than one thousand pesos (P1,000.00) and not more than fifteen thousand pesos
(P15,000.00), or both, at the discretion of the court.

If the offender is a corporation or association, the officer responsible therefore shall be criminally
liable.
Section 75. Suppletory Application of Existing Legislation. — The provisions of Republic Act
No. 3844 as amended, Presidential Decree Nos. 27 and 266 as amended, Executive Order Nos. 228
and 229, both Series of 1987; and other laws not inconsistent with this Act shall have suppletory
effect.

Section 76. Repealing Clause. — Section 35 of Republic Act No. 3834, Presidential Decree No.
316, the last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No.
1038, and all other laws, decrees executive orders, rules and regulations, issuances or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

Section 77. Separability Clause. — If, for any reason, any section or provision of this Act is
declared null and void, no other section, provision, or part thereof shall be affected and the same
shall remain in full force and effect.

Section 78. Effectivity Clause. — This Act shall take effect immediately after publication in at least
two (2) national newspapers of general circulation.

Approved: June 10, 1988

1899
CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
(MALOLOS CONVENTION)

The President of the Council,

Apolinario Mabini.

PREAMBLE

We, the Representatives of the Filipino people, lawfully covened, in order to establish justice,
provide for common defense, promote the general welfare, and insure the benefits of liberty,
imploring the aid of the Sovereign Legislator of the Universe for the attainment of these ends, have
voted, decreed, and sanctioned the following:

POLITICAL CONSTITUTION
 TITLE I
THE REPUBLIC

Article 1. The political association of all Filipinos constitutes a nation, whose state shall be known as
the Philippine Republic

Article 2. The Philippine Republic is free and independent

Article 3. Sovereignty resides exclusively in the people.

TITLE II
THE GOVERNMENT

Article 4. The Government of the Republic is popular, representative, alternative, and responsible,
and shall exercise three distinct powers: namely, the legislative, the executive, and the judicial. Any
two or more of these three powers shall never be united in one person or cooperation, nor the
legislative power vested in one single individual.

TITLE III
RELIGION

Article 5. The State recognizes the freedom and equality of all religions, as well as the separation of
the Church and the State.

TITLE IV
THE FILIPINOS AND THEIR NATIONAL
AND INDIVIDUAL RIGHTS

Article 6. The following are Filipinos:

1. All persons born in the Philippine territory. A vessel of Philippine registry is considered, for
this purpose, as part of Philippine territory.
2. Children of a Filipino father or mother, although born outside of the Philippines.
3. Foreigners who have obtained certification of naturalization.
4. Those who, without such certificate, have acquired a domicile in any town within Philippine
territory.
It is understood that domicile is acquired by uninterrupted residence for two years in any locality
within Philippine territory, with an open abode and known occupation, and contributing to all the
taxes imposed by the Nation.

The condition of being a Filipino is lost in accordance with law.

Article 7. No Filipino or foreigner shall be detained nor imprisoned except for the commission of a
crime and in accordance with law.

Article 8. All persons detained shall be discharged or delivered to the judicial authority within 24
hours following the act of detention. All detentions shall be without legal effect, unless the arrested
person is duly prosecuted within 72 hours after delivery to a competent court. The accused shall be
duly notified of such proceeding within the same period.

Article 9. No Filipino shall be imprisoned except by virtue of an order by a competent court. The
order of imprisonment shall be ratified or confirmed within 72 hours following the said order, after the
accused has been heard.

Article 10. No one shall enter the dwelling house of any Filipino or a foreigner residing in the
Philippines without his consent except in urgent cases of fire, inundation, earthquake or similar
dangers, or by reason of unlawful aggression from within, or in order to assist a person therein who
cries for help. Outside of these cases, the entry into the dwelling house of any Filipino or foreign
resident in the Philippines or the search of his papers and effects can only be decreed by a
competent court and executed only in the daytime. The search of papers and effects shall be made
always in the presence of the person searched or of a member of his family and, in their absence, of
two witnesses resident of the same place. However, when a criminal caught in fraganti should take
refuge in his dwelling house, the authorities in pursuit may enter into it, only for the purpose of
making an arrest. If a criminal should take refuge in the dwelling house of a foreigner, the consent of
a latter must first be obtained.

Article 11. No Filipino shall be compelled to change his residence or domicile except by virtue of a
final judgment.

Article 12. In no case may correspondence confided to the post office be detained or opened by
government authorities, nor any telegraphic or telephonic message detained. However, by virtue of a
competent court, correspondence may be detained and opened in the presence of the sender.

Article 13. All orders of imprisonment, of search of a dwelling house, or detention of written

correspondence, telegraph or telephone, must be justified. When an order lacks this requisite, or
when the grounds on which the act was founded is proven in court to be unlawful or manifestly
insufficient, the person to be detained or whose imprisonment has not been ratified within the period
prescribed in Art. 9, or whose correspondence has been detained, shall have the right to recover
damages.

Article 14. No Filipino shall be prosecuted or sentenced, except by a judge or court of proper
jurisdiction and according to the procedure prescribed by law.

Article 15. Exept in the cases provided by the Constitution, all persons detained or imprisoned not in
accordance with legal formalities shall be released upon his own petition or upon petition of another
person. The law shall determine the manner of proceeding summarily in this instance, as well as the
personal and pecuniary penalties which shall be imposed upon the person who ordered, executed or
to be executed the illegal detention or imprisonment.

Article 16. No one shall be temporarily or permanently deprived of rights or dstured in his enjoyment
thereof, except by virtue of judicial sentence. The officials who, under any pretext whatsoever,
should violate this provision, shall be personally liable for the damages caused.

Article 17. No one shall be deprived of his property by expropriation except on grounds of public
necessity and benefit, previously declared and justified by proper authorities, and indemnifying the
owner thereof prior to expropriation.

Article 18. No one shall be obliged to pay any public tax which had not been approved by the
National Assembly or by local popular governments legally so authorized, and which is not in the
manner prescribed by the law.

Article 19. No Filipino who is in full enjoyment of his civil or political rights, shall be impeded in the
free exercise of said rights.

Article 20. Neither shall any Filipino be deprived:

1. Of the right to freely express his ideas or opinions, orally or in writing, through the use of the
press or other similar means.
2. Of the right of association for purposes of human life and which are not contrary to public
morals; and lastly
3. Of the right to send petitions to the authorities, individually or collectively.

The right of petition shall not be exercised through any kind of armed force.

Article 21. The exercise of the rights provided for in the preceding article shall be subject to general
provisions regulating the same.

Article 22. Crimes committed on the occasion of the exercise of rights provided for in this title, shall
be punished by the courts in accordance with the laws.

Article 23. Any Filipino may establish and maintain institutions of learning, in accordance with the
laws authorizing them. Public education shall be free and obligatory in all schools of the nation.

Article 24. Foreigners may freely reside in Philippine territory, subject to legal dispositions regulating
the matter; may engage in any occupation or profession for the exercise of which no special license
is required by law to be issued by the national authorities.

Article 25. No Filipino who is in full enjoyment of his political and civil rights shall be impeded in his
right to travel freely abroad or in his right to transfer his residence or possessions to another country,
except as to his obligations to contribute to military service or the maintenance of public taxes.

Article 26. No foreigner who has not been naturalized may exercise in the Philippines any office
which carries with it any authority or jurisdictional powers.

Article 27. All Filipinos are obliged to defend his country with arms when called upon by law, and to
contribute to the expenses of the State in proportion to his means.
Article 28. The enumeration of the rights provided for in this title does not imply the denial of other
rights not mentioned.

Article 29. The prior authorization to prosecute a public official in the ordinary courts is not
necessary, whatever may be the crime committed.

A superior order shall not exempt a public official from liability in the cases which constitute apparent
and clear violations of constitutional precepts. In others, the agents of the law shall only be
exempted if they did not exercise the authority.

Article 30. The guarantees provided for in Articles 7, 8, 9, 10, and 11 and paragraphs 1 and 2 of
Article 20 shall not be suspended, partially or wholly, in any part of the Republic, except temporarily
and by authority of law, when the security of the State in extraordinary circumstances so demands.

When promulgated in any territory where the suspension applies, there shall be a special law which
shall govern during the period of the suspension, according to the circumstances prevailing.

The law of suspension as well as the special law to govern shall be approved by the National
Assembly, and in case the latter is in recess, the Government shall have the power to decree the
same jointly with the Permanent Commission, without prejudice to convoking the Assembly without
the least delay and report to it what had been done.

However, any suspension made shall not affect more rights than those mentioned in the first
paragraph of this Article nor authorize the Government to banish or deport from the Philippines any
Filipino.

Article 31. In the Republic of the Philippines, no one shall be judged by a special law nor by special
tribunals. No person or corporation may enjoy privileges or emoluments which are not in
compensation for public service rendered and authorized by law. War and marine laws shall apply
only for crimes and delicts which have intimate relation to military or naval discipline.

Article 32. No Filipino shall establish laws on primogeniture, nor institutions restrictive of property
rights, nor accept honors, decorations, or honorific titles or nobility from foreign nations without the
consent of the Government. Neither shall the Government establish in the Republic institutions
mentioned in the preceding paragraph, nor confer honors, decorations, or honorific titles of nobility to
any Filipino.

The Nation, however, may reward by special law approved by the Assembly, conspicuous services
rendered by citizens of the country.

TITLE V
THE LEGISLATIVE POWER

Article 33. Legislative power shall be exercised by an Assembly of Representatives of the Nation.

This Assembly shall be organized in the form and manner determined by law.
Article 34. The Members of the Assembly shall represent the who nation and not exclusively the
electors who elected them.

Article 35. No representative shall receive from his electors any imperative mandate whatsoever.

Article 36. The Assembly shall meet every year. The President of the Republic has the right to
convoke it, suspend and close its sessions, and dissolve the same, within the periods prescribed by
law enacted by the Assembly or by the Permanent Commission.

Article 37. The Assembly shall be open at least three months each year, without including in this
period the time spent in its organization.

The President of the Republic shall convoke the Assembly, not later than the 15th day of April.

Article 38. In extraordinary cases, he may convoke the Assembly outside of the period fixed by law,
as determined by the Permanent Commission, and prolong its law-making, provided the extended
period does not exceed one month and provided further that such extensions do not take place more
than twice during the same legislative term.

Article 39. The National Assembly, jointly with the special Representatives, shall organize
committees for the organization of the Assembly and for the election of the new President of the
Republic, which shall be formed at least one month before the expiration of the term of office of the
Representatives.

In case of death or resignation of the President of the Republic, the Assembly shall meet in session
by its own right or by initiative of the President or of the Permanent Commission.

Article 40. In the meantime that the new President has not been chosen, his functions shall be
exercised by the Chief Justice of the Supreme Court whose office shall be taken over by one of the
Justices of the Court, in accordance with law.

Article 41. Any session of the Assembly held outside the period of ordinary legislature shall be
unlawful and void. The case provided in Article 30 and in which the Assembly has constituted itself
into a Tribunal of Justice shall be excepted, but in the latter case no other functions shall be
exercised except that pertaining to judicial functions.

Article 42. The sessions of the Assembly shall be public. However, sessions may be held in secret
upon petition of a certain number of its members fixed by the Rules, deciding afterwards by an
absolute majority of votes of the members present if the discussion on the same subject has to
continue in public.

Article 43. The President of the Republic shall communicate with the Assembly by means of
messages, which shall be read by a Department Secretary.

The Department Secretaries shall have the right to be heard in the Assembly, upon their request,
and they may be represented in the discussion of certain bills by Commissioners appointed by
decrees of the President of the Republic.

Article 44. The Assembly may constitute itself into a Tribunal of Justice to hear and determine
crimes committed against the security of the State by the President of the Republic and members of
the Council of Government, by the Chief Justice of the Supreme Court, and by the Solicitor General
of the Nation, by means of a decree promulgating it, or by the Permanent Commission, or by the
President of the Republic upon petition of the Solicitor General or Council of Government.

The law shall determine the mode and manner of the accusation, instruction, and disposition of the
proceedings.

Article 45. No member of the Assembly shall be prosecuted nor held accountable for the opinions
expressed by him, nor by the vote taken by him in the discharge of his office.

Article 46. No member of the Assembly shall be prosecuted criminally without authority of the
Assembly or of the Permanent Commission to which an immediate report of the facts shall be made,
for its proper action.

The imprisonment, detention, or apprehension of a member of the Assembly shall not be carried out
without the prior authority of the same or by the Permanent Commission. The moment the Assembly
is notified of the order of imprisonment, it shall incur liability if, within two days following the
notification, it does not authorize the imprisonment or give sufficient reason upon which the refusal is
based.

Article 47. The National Assembly shall have the following additional powers:

1. To approve Rules for its internal government.

2. To examine the legality of the elections and the legal qualifications of the elected members.
3. To elect its President, Vice-Presidents, and Secretaries.

Until the Assembly has been dissolved, the President, Vice-Presidents, and Secretaries shall
continue to exercise their office for the period of four legislative terms; and

4. To accept the resignations of its members and grant privileges in accordance with the Rules.

Article 48. No bill shall become law without having been voted on by the Assembly. To approve a
bill, the presence in the Assembly of at least one-fourth of the total number of the members whose
elections have been duly approved and taken the oath of office shall be necessary.

Article 49. No bill shall be approved by the Assembly until after it has been voted upon as a whole
and subsequently article by article.

Article 50. The Assembly shall have the right of censure, and each of the members the right of
interpellation.

Article 51. The initiative in the presentation of bills belongs to the President of the Republic and to
the Assembly.

Article 52. Any member of the Assembly who accepts from the Government any pension,
employment, or office with salary, is understood to have renounced his membership. From this shall
be excepted the employment as Secretary of the Government of the Republic and other offices
provided for by special laws.

Article 53. The office of Representatives shall be for a term of four years, and shall be compensated
by a sum fixed by law, according to the circumstances.
Those who absent themselves during the entire period of the legislative sessions shall not be
entitled to any compensation; but they may be allowed to recover the right to compensation should
they attend subsequently.

TITLE VI
THE PERMANENT COMMISSION

Article 54. The Assembly, before adjournment, shall elect seven of its members to form the
Permanent Commission during the period of adjournment, which shall designate at its first session,
the President and the Secretary.

Article 55. The Permanent Commission, during the adjournment of the Assembly, shall have the
following attributes:

1. Declare if there is sufficient cause to proceed against the President of the Republic, the
Representatives, Department secretaries, the Chief Justice of the Supreme Court, and the
Solicitor-General in the cases provided by this Constitution.
2. Convoke the Assembly to a special session in the cases where the latter should constitute
itself into a Tribunal of Justice.
3. To act upon pending matters which require proper action.
4. Convoke the Assembly in special sessions when the exigencies of the situation so demand.
5. Supplement the powers of the Assembly in accordance with the Constitution, excepting the
act of voting and approving laws.

The Permanent Commission shall meet in session whenever convoked by the presiding officer, in
accordance with this Constitution.

TITLE VII
THE EXECUTIVE POWER

Article 56. The Executive Power shall be vested in the President of the Republic, who shall exercise
it through his Department Secretaries.

Article 57. The administration of the particular interests of towns, provinces, and of the State shall
correspond, respectively, to the Popular Assembles, the Provincial Assemblies, and to the
Administration in power, in accordance with the laws, and observing the most liberal policy of
decentralization and administrative autonomy.
 TITLE VIII
THE PRESIDENT OF THE REPUBLIC

Article 58. The President of the Republic shall be elected by absolute majority of votes by the
Assembly and by the special Representatives, convened in chamber assembles. His term of office
shall be four years, and may be reelected.

Article 59. The President of the Republic shall have the right to initiate the introduction of bills
equally with the members of the Assembly, and promulgate the laws when duly voted and approved
by the latter, and shall see to it that the same are duly executed.

Article 60. The power to execute the laws shall extend to all cases conducive to the preservation of
internal public order and to the external security of the State.

Article 61. The President shall promulgate the laws duly approved by him within 20 days following
their transmittal to him by the Assembly.

Article 62. If within this period, the President should fail to promulgate them, he shall return them to
the Assembly with his reasons for the return, in which case the Assembly may reconsider same, and
it shall be presumed by a vote of at least two-thirds of the members of the Assembly present in a
quorum. If repassed in the manner indicated, the Government shall promulgate same within ten
days, with a manifestation of its non-conformity. The obligation is imposed upon the Government if it
allows twenty days to elapse without returning the bill to the Assembly.

Article 63. When the promulgation of a law has been declared urgent by express will of an absolute
majority of votes of the Assembly, the President of the Republic may require the Assembly to re-
approve same which cannot be refused, and if the same bill is repassed, the President shall
promulgate it within the legal period, without prejudice to his making of record his non-conformity
with the bill.

Article 64. The promulgation of laws shall be made by publishing them in the official gazette of the
Republic, and shall have the force of law thirty days following such publication.

Article 65. The President of the Republic shall have at his disposal the army and the navy, and may
declare war and make and ratify treaties with the prior consent of the Assembly.

Article 66. Treaties of peace shall not take effect until voted upon by the Assembly.

Article 67. The President of the Republic, in addition to his duty to execute the laws, shall:

1. Supervise civil and military employees in accordance with the laws.

2. Appoint the Secretaries of the Government.
3. Direct the diplomatic and commercial relations with foreign powers.
4. See to it that justice is duly and promptly administered throughout the Philippines.
5. Grant pardon to convicted criminals in accordance with the laws, except any special
provision relating to the Secretaries of the Government.
6. Preside over all national functions and receive ambassadors and accredited representatives
of foreign powers.

Article 68. The President of the Republic may be authorized by special law:

 1. To alienate, transfer or exchange any portion of Philippine territory.
2. To incorporate any other territory to the Philippine territory.
3. To admit the stationing of foreign troops in Philippine territory.
4. To ratify of alliance, defensive as well as offensive, special treaties of commerce, those
which stipulate to grant subsidies to a foreign power, and those which may compel Filipinos
to render personal service.

Secret treaties in no case may prevail over the provisions of open treaties or treaties made
publicly.

5. To grant general amnesties and pardons.

6. To coin money.

Article 69. To the President belongs the power to issue regulations for the compliance and
application of the laws in accordance with the requisites prescribed in said laws.

Article 70. The President of the Philippines, with the prior approval by majority vote of the
Representatives, may dissolve the Assembly before the expiration of its legislation term. In this case,
new elections shall be called within three months.

Article 71. The President of the Republic may be held liable only for cases of high treason.

Article 72. The salary of the President of the Republic shall be fixed by special law which may not
be changed except after the presidential term has expired.

TITLE IX
THE SECRETARIES OF GOVERNMENT

Article 73. The Council of Government is composed of one President and seven secretaries, each
of whom shall have under his charge the portfolios of Foreign Relations, Interior, Finance, War and
Marine, Public Education, Communications and Public Works, and Agriculture, Industry, and
Commerce.

Article 74. All the acts done by the President of the Republic in the discharge of his duties shall be
signed by the corresponding Secretary. No public official shall give official recognition to any act
unless this requisite is complied with.

Article 75. The Secretaries of Government are jointly responsible to the Assembly for the general
administration of the Government, and individually for their respective personal acts.

Article 76. In order to exempt them from responsibility, when held guilty by the Assembly, a petition
to this effect approved by absolute majority of the Representatives is necessary.
 TITLE X
THE JUDICIAL POWER

Article 77. To the Court corresponds exclusively the power to apply the laws, in the name of the
Nation, in all civil and criminal trials. The same codes of laws shall be applied throughout the
Republic, without prejudice to certain variations according to circumstances as determined by law. In
all trials, civil, criminal, and administrative, all citizens shall be governed by one code of laws and
procedure.

Article 78. The courts of justice shall not apply general local regulations, except when they conform
to the laws.

Article 79. The exercise of judicial power shall be vested in one Supreme Court and in other courts
established by law. Their composition, organization, and other attributes shall be determined by the
laws creating them.

Article 80. The Chief Justice of the Supreme Court and the Solicitor-General shall be chosen by the
National Assembly in concurrence with the President of the Republic and the Secretaries of the
Government, and shall be absolutely independent of the Legislative and Executive Powers.

Article 81. Any citizen may file suit against any member exercising the Judicial Power for any crime
committed by them in the discharge of their office.

TITLE XI
PROVINCIAL AND POPULAR ASSEMBLIES

Article 82. The organization and attributes of provincial and popular assemblies shall be governed
by their respective laws. These laws shall conform to the following principles:

1. The government and management of the particular interests of the province or town shall be
discharged by their respective corporations, the principle of direct and popular elections
being the basis underlying each of them.
2. Publicity of their sessions, within the limits provided by law.
3. Publication of all appropriations, accounts, and agreements affecting same.
4. Government interference and, in the absence thereof, by the National Assembly, to prevent
provinces and municipalities exceeding their powers and attributes to the prejudice of the
interest of individuals and of the Nation at large.
5. Power of taxation shall be exercised to the end that provincial and municipal taxation do not
come into conflict with the power of taxation of the State.

TITLE XII
ADMINISTRATION OF THE STATE
Article 83. The Government shall submit every year to the Assembly a budget of expenditures and
income, indicating the changes made from those of the preceding year, accompanying the same
with a balance sheet as of the end of the year, in accordance with law. This budget shall be
submitted to the Assembly within ten days following the commencement of its session.

Article 85. The Government, in order to dispose of the property and effects of the State, and to
borrow money secured by mortgage or credit of the Nation, must be authorized by special law.

Article 86. Public debts contracted by the Government of the Republic, in accordance with the
provisions of this Constitution, shall be under the special guarantee of the Nation.

No debt shall be contracted unless the means of paying the same are voted upon.

Article 87. All laws relating to income, public expenses, or public credits shall be considered as part
of the appropriation and shall be published as such.

Article 88. The Assembly shall determine every year, upon the recommendation of the President of
the Republic, the military forces by land and sea.

TITLE XIII
AMENDMENT OF THE CONSTITUTION

Article 89. The Assembly, on its own initiative or that of the President of the Republic, may propose
amendments to the Constitution, indicating what Article or Articles are to be amended.

Article 90. This proposal having been made, the President of the Republic shall dissolve the
Assembly, and shall convoke a Constituent Assembly which shall meet within three months. In the
decree convoking the Constituent Assembly, the resolution mentioned in the preceding Article shall
be inserted.

TITLE XIV
CONSTITUTIONAL OBSERVANCE,
OATH, AND LANGUAGE

Article 91. The President of the Republic, the Government, the Assembly, and all Filipino citizens
shall faithfully observe the provisions of the Constitution; and the Legislative Power, upon approval
of the Appropriations Act, shall examine if the Constitution has been strictly complied with and
whether violations, if any, have been duly corrected and those responsible for the violations held
liable.

Article 92. The President of the Republic and all other officials of the Nation shall not enter into the
discharge of their office without having taken the prescribed oath. The oath of the President of the
Republic shall be taken before the National Assembly. The other officials of the Nation shall take
their oath before the authorities determined by law.
Article 93. The use of languages spoken in the Philippines shall be optional. Their use cannot be
regulated except by virtue of law, and solely for acts of public authority and in the courts. For these
acts the Spanish language may be used in the meantime.

TRANSITORY PROVISIONS

Article 94. Meanwhile and without prejudice to the provisions of Article 48 and to the acts of the
commissions designated by the Assembly to translate and submit to the same the organic laws in
the development and application of the rights granted to Filipino citizens and for the government of
public powers therein mentioned, the laws of the Republic shall be considered those found existing
in these islands before the emancipation of the same.

The provisions of the Civil Code relating to marriage and civil registry, suspended by the Governor
General of these islands; the Instructions of April 26, 1888 to carry into effect Articles 77, 78, 79, and
82 of said Code; the law on civil registry of June 17, 1870 which refers to Article 332 of the same,
and the Regulation of December 13 following for the enforcement of this law, without prejudice to the
Chiefs of towns continuing to be in charge of inscriptions in the civil registry and intervening in the
celebration of marriage between Catholics, shall also be deemed in force and effect.

Article 95. In the meantime that the laws referred to in the preceding Article have not been approved
or enforced, the Spanish laws which said article allows to be enforced provisionally may be
amended by special law.

Article 96. Once the laws approved by the Assembly have been promulgated in accordance with
Article 94, the Article 94, the Government of the Republic shall have the power to issue decrees and
regulations necessary for the immediate organization of the various organs of the State.

Article 97. The present President of the Revolutionary Government shall assume later the title of
President of the Republic and shall discharge the duties of this office until the Assembly when
convoked proceeds to the election of one who shall definitely exercise the duties of the office.

Article 98. The present Congress, composed of members by suffrage or by decree, shall last for
four years, or for the duration of the present legislative term commencing on the 15th of April of next
year.

Article 99. Notwithstanding the general rule established in part 2 of Article 4, in the meantime that
the country is fighting for its independence, the Government is empowered to resolve during the
closure of the Congress all questions and difficulties not provided for in the laws, which give rise to
unforeseen events, of which the Permanent Commission shall be duly apprised as well as the
Assembly when it meets in accordance with this Constitution.

Article 100. The execution of Article 5, Title III shall be suspended until the constituent Assembly
meets in session. In the meantime, municipalities which require spiritual ministry of a Filipino priest
may provide for his necessary maintenance.

Article 101. Notwithstanding the provisions of Articles 62 and 63, bills returned by the President of
the Republic to the Congress may not be repassed except in the legislature of the following year,
this suspension being under the responsibility of the President and his Council of Government.
When these conditions have been fulfilled, the promulgation of said laws shall be obligatory within
ten days, without prejudice to the President making of record his non-conformity. If the reapproval is
made in subsequent legislative terms, it shall be deemed law approved for the first time.
 ADDITIONAL ARTICLE

All the estates, edifices, and other property possessed by the religious corporations in these islands
shall be deemed restored to the Philippine State as of May 24, 1898 when the Dictatorial
Government has been constituted in Cavite.

BARASOAIN, the twentieth of January, 1899.

The President of the Congress

PEDRO A. PATERNO

The Secretaries
PABLO TECSON
PABLO OCAMPO

The 1935 Constitution

CONSTITUTION OF THE PHILIPPINES

The Filipino people, imploring the aid of Divine Providence, in order to establish a government
that shall embody their ideals, conserve and develop the patrimony of the nation, promote the
general welfare, and secure to themselves and their posterity the blessings of independence under
a régime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

Article I.—THE NATIONAL TERRITORY

Section 1. The Philippines comprises all the territory ceded to the United States by the treaty of
Paris concluded between the United States and Spain on the tenth day of December, eighteen
hundred and ninety-eight, the limits of which are set forth in Article III of said treaty, together
with all the islands embraced in the treaty concluded at Washington, between the United States
and Spain on the seventh day of November, nineteen hundred, and in the treaty concluded
between the United States and Great Britain on the second day of January, nineteen hundred and
thirty, and all territory over which the present Government of the Philippine Islands exercises
jurisdiction.

ARTICLE II.—DECLARATION OF PRINCIPLES

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all
government authority emanates from them.

Sec. 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty
all citizens may be required by law to render personal military or civil service.
Sec. 3. The Philippines renounces war as an instrument of national policy, and adopts the
generally accepted principles of international law as a part of the law of the Nation.

SEC. 4. The natural right and duty of parents in the rearing of the youth for civic efficiency
should receive the aid and support of the Government.

SEC. 5. The promotion of social justice to insure the well-being and economic security of all the
people should be the concern of the State.

ARTICLE III.—BILL OF RIGHTS

SECTION 1. (1) No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.

(2) Private property shall not be taken for public use without just compensation.

(3) The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon
probable cause, to be determined by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched, and the persons or things to be seized.

(4) The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired.

(5) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court or when public safety and order require otherwise.

(6) The right to form associations or societies for purposes not contrary to law shall not be
abridged.

(7) No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof, and the free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

(8) No law shall be passed abridging the freedom of speech, or of the press, or the right of the
people peaceably to assemble and petition the Government for redress of grievances

(9) No law granting a title of nobility shall be enacted, and no person holding any office of profit
or trust shall, without the consent of the National Assembly, accept any present, emolument,
office, or title of any kind whatever from any foreign state.

(10) No law impairing the obligation of contracts shall be passed.

(11) No ex post facto law or bill of attainder shall be enacted.

(12) No person shall be imprisoned for debt or nonpayment of a poll tax.

(13) No involuntary servitude in any form shall exist except as a punishment for crime whereof
the party shall have been duly convicted.

(14) The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion, insurrection, or rebellion, when the public safety requires it, in any of which events the
same may be suspended wherever during such period the necessity for such suspension shall
exist.

(15) No person shall be held to answer for a criminal offense without due process of law.

(16) All persons shall before conviction be bailable by sufficient sureties, except those charged
with capital offenses when evidence of guilt is strong. Excessive bail shall not be required.

(17) In all criminal prosecutions the accused shall be presumed to be innocent until the contrary
is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face and to have compulsory process to secure the attendance of witnesses in
his behalf.

(18) Bo person shall be compelled to be a witness against himself.

(19) Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted.

(20) No person shall be twice put in jeopardy of punishment for the same offense. If an cat is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

(21) Free access to the courts shall not be denied to any person by reason of poverty.

ARTICLE IV.—CITIZENSHIP

SECTION 1. The following are citizens of the Philippines:

(1)  Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this
Constitution, had been elected to public office in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority,
elect Philippine citizenship.
(5) Those who are naturalized in accordance with law.

SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law.

ARTICLE V.—SUFFRAGE

SECTION 1. Suffrage may be exercised by male citizens of the Philippines not otherwise
disqualified by law, who are twenty-one years of age or over and are able to read and write, and
who shall have resided in the Philippines for one year and in the municipality wherein they
propose to vote for at least six months preceding the election. The National Assembly shall
extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose
within two years after the adoption of this Constitution, not less than three hundred thousand
women possessing the necessary qualifications shall vote affirmatively on the question.

ARTICLE VI.—LEGISLATIVE DEPARTMENT

 SECTION 1. The Legislative power shall be vested in a National Assembly. The Members of
the National Assembly shall not exceed one hundred and twenty, shall be chosen every three
years, and shall be apportioned among the several provinces as nearly as may be according to the
number of their respective inhabitants, but each province shall have at least one Member. The
National Assembly shall by law make an apportionment within three years after the return of
every enumeration, and not otherwise. Until such apportionment shall have been made, the
National Assembly shall consist of ninety-eight Members, of whom eighty-seven shall be elected
by the representative districts as now provided by law; and three by theMountainProvince, and
one by each of the other eight existing special provinces. The Members of the National
Assembly in the provinces of Sulu, Lanao, and Cotabato shall be chosen as may be determined
by law; in all other provinces they shall be elected by the qualified voters therein.

 SEC. 2. No person shall be a Member of the National Assembly unless he has been five years a
citizen of the Philippines, is at least thirty years of age, and, at the time of his election, a
qualified elector, and a resident of the province in which he is chosen for not less than one year
immediately prior to his election.

 SEC. 3. (1) In case of vacancy in the National Assembly a special election may be called in the
corresponding district, in the manner prescribed by law, but the member thus elected shall serve
only for the unexpired term.

(2) Elections for the National Assembly shall be held on the dates fixed by law.

(3) The National Assembly shall convene in regular session once every year, on the second
Monday of the month immediately following that on which the election of its Members was held,
unless a different date is fixed by law. The National Assembly may be called in special session at
any time by the President to consider general legislation or only such subjects as he may
designate. No special session shall continue longer than thirty days and no regular session longer
than one hundred days, exclusive of Sundays.
(4) The National Assembly shall choose its Speaker, a secretary, a sergeant-at-arms, and such
other officers as may be required. A majority of all the Members shall constitute a quorum to do
business, but a smaller number may adjourn from day to day, and may compel the attendance of
absent Members, in such manner and under such penalties as the National Assembly may
provide.

(5) The National Assembly may determine the rules of its proceedings, punish its Members for
disorderly behavior, and, with the concurrence of two-thirds, expel a Member. It shall keep a
Journal of its proceedings, and from time to time publish the same, excepting such parts as may
in its judgment require secrecy; and the yeas and nays on any question shall, at the request of the
one-fifth of its Members present, be entered in the Journal.

SEC. 4. There shall be an Electoral Commission composed of three Justices of the Supreme
Court designated by the Chief Justice, and of six Members chosen by the National Assembly,
three of whom shall be nominated by the party having the largest number of votes, and three by
the party having the second largest number of votes therein. The senior Justice in the
Commission shall be its Chairman. The Electoral Commission shall be the sole judge of all
contests relating to the election, returns, and qualifications of the Members of the National
Assembly.

SEC. 5. The Members of the National Assembly shall, unless otherwise provided by law, receive
an annual compensation of five thousand pesos each including per diems and other emoluments
or allowances and exclusive only of travelling expenses to and from their respective districts
when attending sessions of the National Assembly. No increase in said compensation shall take
effect until after the expiration of the full term of the Members of the National Assembly elected
subsequent to the approval of such increase. The Speaker of the National Assembly shall receive
an annual compensation of sixteen thousand pesos until otherwise provided by law.

SEC. 6. The Members of the National Assembly shall in all cases except treason, felony, and
breach of the peace, be privileged from arrest during their attendance at the sessions of the
National Assembly, and in going to and returning from the same; and for any speech or debate
therein, they shall not be questioned in any other place.

SEC. 7. The National Assembly shall elect from among its Members, on the basis of proportional
representation of the political parties therein, a Commission on Appointments and a Commission
on Impeachment, each to consist of twenty-one members. These Commissions shall be
constituted within thirty days after the National Assembly shall have been organized with the
election of its Speaker, and shall meet only while the National Assembly is in session, at the call
of their respective Chairmen or a majority of their members, to discharge such powers and
functions as are herein conferred upon them.

SEC. 8. (1) No Member of the National Assembly may hold any other office or employment in
the Government without forfeiting his seat, nor shall any such Member during the time for which
he was elected, be appointed to any civil office which may have been created or the emoluments
whereof shall have been increased while he was a Member of the National Assembly.
(2) No Member of the National Assembly shall directly or indirectly be financially interested in
any contract with the Government or any subdivision or instrumentality thereof, or in any
franchise or special privilege granted by the National Assembly during his term of office; nor
shall any such Member appear as counsel before the Electoral Commission or any court in any
civil case wherein the Government or any sub-division or instrumentality thereof is the adverse
party, or collect any fee for his appearance in any administrative proceedings or in any criminal
case wherein an officer or employee of the Government is accused of an offense committed in
relation to his office. No Member of the Commission on Appointments of the National Assembly
shall appear as counsel before any court inferior to the Supreme Court.

SEC. 9. (1) The President shall submit within fifteen days of the opening of each regular session
of the National Assembly a budget of receipts and expenditures, which shall be the basis of the
general appropriation bill. The National Assembly may not increase the appropriations
recommended by the President for the operation of the Government as specified in the Budget,
except the appropriations for the National Assembly and the Judicial Department. The form of
the Budget and the information that it should contain shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriation, unless it relates
specifically to some particular appropriation in the bill; and any such provision or enactment
shall be limited in its operation to such appropriation.

SEC. 10. The heads of departments upon their own initiative or upon the request of the National
Assembly may appear before and be heard by the National Assembly on any matter pertaining to
their departments, unless the public interest shall require otherwise and the President shall so
state in writing.

SEC. 11. (1) Every bill which shall have passed the National Assembly shall, before it becomes a
law, be presented to the President. If he approve the same, he shall sign it; but if not, he shall
return it with his objections to the National Assembly, which shall enter the objections at large
on its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the
Members of the National Assembly shall agree to pass the bill, it shall become a law. In all such
cases the votes of the National Assembly shall be determined by yeas and nays, and the names
of the Members voting for and against shall not be returned by the President as herein provided
within twenty days (Sundays excepted) after it shall have been presented to him, the same shall
become a law in like manner as if he had signed it, unless the National Assembly by adjournment
prevent its return, in which case it shall become a law unless vetoed by the President within
thirty days after adjournment.

(2) The President shall have the power to veto any particular item or items of an appropriation
bill, but the veto shall not affect the item or items to which he does not object. When a provision
of an appropriation bill affects one or more items of the same, the President cannot veto the
provision without at the same time vetoing the particular item or items to which it relates. The
item or items objected to shall not take effect except in the manner heretofore provided as to bills
returned to the National Assembly without the approval of the President. If the veto refers to a
bill or any item of an appropriation bill which appropriates a sum in excess of ten per centum  of
the total amount voted in the appropriation bill for the general expenses of the Government for
the preceding year, or if it should refer to a bill authorizing an increase of the public debt, the
same shall not become a law unless approved by three-fourths of all the Members of the National
Assembly.

(3) The President shall have the power to veto any separate item or items in a revenue or tariff
bill, and the item or items vetoed shall not take effect except in the manner provided as to bills
vetoed by the President.

SEC. 12. (1) No bill which may be enacted into law shall embrace more than one subject which
shall be expressed in the title of the bill.

(2) No bill shall be passed or become a law unless it shall have been printed and copies thereof in
its final form furnished the Members at least three calendar days prior to its passage by the
National Assembly, except when the President shall have certified to the necessity of its
immediate enactment. Upon the last reading of a bill no amendment thereof shall be allowed, and
the question upon its final passage shall be taken immediately thereafter, and
the yeas and nays entered on the Journal.

SEC. 13. (1) All money collected on any tax levied for a special purpose shall be treated as
special fund and paid out for such purpose only. If the purpose for which a special fund was
created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general
funds of the Government.

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

(3) No public money or property shall ever be appropriated, applied, or used, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution,
or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other
religious teacher or dignitary is assigned to the armed forces or to any penal institution,
orphanage, or leprosarium.

SEC. 14. (1) the rule of taxation shall be uniform.

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

(3) Cemeteries, churches, and parsonages or convents appurtenant thereto, and all lands,
buildings, and improvements used exclusively for religious, charitable, or educational purposes
shall be exempt from taxation.

SEC. 15. The National Assembly shall, with the concurrence of two-thirds of all its Members,
have the sole power to declare war.
SEC. 16. In times of war or other national emergency, the National Assembly may by law
authorize the President, for a limited period and subject to such restrictions as it may prescribe,
to promulgate rules and regulations to carry out a declared national policy.

ARTICLE VII.—EXECUTIVE DEPARTMENT

SECTION 1. The Executive power shall be vested in a President of the Philippines.

SEC. 2. The President shall hold his office during a term of six years, and together with the Vice-
President chosen for the same term, shall be elected by direct vote of the people. The election
returns for President and Vice-President, duly certified by the board of canvassers of each
province, shall be transmitted to the National Assembly. Upon the receipt of such returns the
National Assembly shall forthwith, in public session, count the votes, and proclaim the persons
elected President and Vice-President. The persons respectively having the highest number of
votes for President and Vice-President shall be declared elected, but in case two or more shall
have an equal and the highest number of votes for either office, the National Assembly shall, by
a majority vote of all its Members, elect one of said persons as President or Vice-President.

SEC. 3. No person may be elected to the office of President or Vice-President, unless he be a

natural-born citizen of the Philippines, a qualified voter, forty years of age or over, and has been
a resident of the Philippines for at least ten years immediately preceding the election.

SEC. 4. No person elected President may be re-elected for the following term, nor shall the Vice-
President or any other person who may have succeeded to the office of President as herein
provided at least one year before the election, be eligible to the office of President at such
election.

SEC. 5. Elections for President and Vice-President shall be held once every six years on a date to
be fixed by the National Assembly.

SEC. 6. The terms of the President and Vice-President shall end at noon on the thirtieth day of
December following the expiration of six years after their election, and the terms of their
successors shall begin from such time.

SEC. 7. If, at the time fixed for the beginning of the term of the President, the President-elect
shall have died, the Vice-President-elect shall become President. If a President shall not have
been chosen before the time fixed for the beginning of his term, or if the President-elect shall
have failed to qualify, then the Vice-President shall act as President until a President shall have
qualified, and the National assembly may by law provide for the case wherein neither a
President-elect nor a Vice-President-elect shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act shall be selected, and such person shall act
accordingly until a President or Vice-President shall have qualified.

SEC. 8. Before he enter on the execution of his office, the President shall take the following oath
or affirmation:
 “I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties

As President of the Philippines, preserve and defend its Constitution, executive its laws, do
justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In
case of affirmation, last sentence will be omitted.)

SEC. 9. In the event of the removal of the President from office or of his death, resignation, or
inability to discharge the powers and duties of the said office, the same shall devolve on the
Vice-President, and the National Assembly shall by law provide for the case of removal, death,
resignation, or inability, both of the President and Vice-President, declaring what officer shall
then act as President, and such officer shall act accordingly, until the disability be removed or a
President shall be elected.

SEC. 10. The President shall have an official residence and receive a compensation to be
ascertained by law which shall be neither increased nor diminished during the period for which
he shall have been elected, and he shall not receive within that period any other emolument from
the Government or any of its subdivisions or instrumentalities. Until the National Assembly shall
provide otherwise, the President shall receive an annual salary of thirty thousand pesos. The
Vice-President, when not acting as President, shall receive an annual compensation of fifteen
thousand pesos until otherwise provided by law.

SEC. 11. (1) The President shall have control of all the executive departments, bureaus, or
offices, exercise general supervision over all local governments as may be provided by law, and
take care that the laws be faithfully executed.

(2) The President shall be commander-in-chief of all armed forces of the Philippines and,
whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless
violence, invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety
requires it, he may suspend the privileges of the writ of habeas corpus, or place the Philippines
or any part thereof under martial law.

(3) The President shall nominate and with the consent of the Commission on Appointments of
the National Assembly shall appoint the heads of the executive departments and bureaus, officers
of the Army from the rank of colonel, of the Navy and air forces from the rank of captain or
commander, and all other officers of the Government whose appointments are not herein
otherwise provided for, and those whom he may be authorized by law to appoint; but the
National Assembly may by law vest the appointment of inferior officers, in the President alone,
in the courts, or in the heads of departments.

(4) The President shall have the power to make appointments during the recess of the national
Assembly, but such appointments shall be effective only until disapproval by the Commission on
Appointments or until the next adjournment of the National Assembly.

(5) The President shall from time to time give to the National Assembly information of the state
of the Nation, and recommend to its consideration such measures as shall judge necessary and
expedient.
(6) The President shall have the power to grant reprieves, commutations, and pardons, and remit
fines and forfeitures, after conviction, for all offenses, except in cases of impeachment, upon
such conditions and with such restrictions and limitations as he may deem proper to impose. He
shall have the power to grant amnesty with the concurrence of the National Assembly.

(7) The President shall have the power, with the concurrence of a majority of all the Members of
the National Assembly, to make treaties, and with the consent of the Commission on
Appointments, he shall appoint ambassadors, other public ministers, and consuls. He shall
receive ambassadors and other ministers duly accredited to the Government of the Philippines.

SEC. 12. (1) The executive departments of the present Government of the Philippine Islands
shall continue as now authorized by law until the National Assembly shall provide otherwise.

(2) The heads of departments and chiefs of bureaus or offices and their assistants shall not,
during their continuance in office, engage in the practice of any profession, or intervene, directly
or indirectly, in the management or control of any private enterprise which in any way may be
affected by the functions of their office; nor shall they, directly or indirectly, be financially
interested in any contract with the Government, or any subdivision or instrumentality thereof.

(3) The President may appoint the Vice-President as a member of his cabinet and also as head of
an executive department.

ARTICLE VIII.—JUDICIAL DEPARTMENT

SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior
courts as may be established by law.

SEC. 2. The National Assembly shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts, but may not deprive the Supreme Court of its original
jurisdiction over cases affecting ambassadors, other public ministers, and consuls, nor of its
jurisdiction to review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of error, as
the law or the rules of court may provide, final judgments and decrees of inferior courts in-

(1) All cases in which the constitutionality or validity of any treaty, law, ordinance, or executive
order or regulation is in question.

(2) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

(3) All cases in which the jurisdiction of any trial courts is in issue.

(4) All criminal cases in which the penalty imposed is death or life imprisonment.

(5) All cases in which an error or question of law is involved.

SEC. 3. Until the National Assembly shall provide otherwise, the Supreme Court shall have such
original and appellate jurisdiction as may be possessed and exercised by the Supreme Court of
the Philippine Islands at the time of the adoption of this Constitution. The original jurisdiction of
the Supreme Court shall include all cases affecting ambassadors, other public ministers, and
consuls.

SEC. 4. The Supreme Court shall be composed of a Chief Justice and ten Associate Justices and
may sit either in banc or in two divisions unless otherwise provided by law.

SEC. 5. The members of the Supreme Court and all judges of inferior courts shall be appointed
by the President with the consent of the Commission on Appointments of the National
Assembly.

SEC. 6. No person may be appointed member of the Supreme Court unless he has been five
years a citizen of the Philippines, is at least forty years of age, and has for ten years or more been
a judge of a court of record or engaged in the practice of law in the Philippines.

SEC. 7. No judge appointed for a particular district shall be designated or transferred to another
district without the approval of the Supreme Court. The National Assembly shall by law
determine the residence of judges of inferior courts.

SEC. 8. The National Assembly shall prescribe the qualifications of judges of inferior courts, but
no person may be appointed judge of any such courts unless he is a citizen of the Philippines and
has been admitted to the practice of law in the Philippines.

SEC. 9. The members of the Supreme Court and all judges of inferior courts shall hold office
during good behavior, until they reach the age of seventy years, or become incapacitated to
discharge the duties of their office. They shall receive such compensation as may be fixed by
law, which shall not be diminished during the continuance in office. Until the National Assembly
shall provide otherwise, the Chief Justice of the Supreme Court shall receive an annual
compensation of sixteen thousand pesos, and each Associate Justice, fifteen thousand pesos.

SEC. 10. All cases involving the constitutionality of treaty or law shall be heard and decided by
the Supreme Court in banc, and no treaty or law may be declared unconstitutional without the
concurrence of two-thirds of all the members of the Court.

SEC. 11. The conclusions of the Supreme Court in any case submitted to it for decision shall be
reached in consultation before the case is assigned to a Justice for the writing of the opinion of
the Court. Any Justice dissenting from a decision shall state the reasons for his dissent.

SEC. 12. No decision shall be rendered by any court of record without expressing therein clearly
and distinctly the facts and the law on which it is based.

SEC. 13. The Supreme Court shall have the power to promulgate rules concerning pleading,
practice, and procedure in all courts, and the admission to the practice of law. Said rules shall be
uniform for all courts of the same grade and shall not diminish, increase, or modify substantive
rights. The existing laws on pleading, practice, and procedure are hereby repealed as statues, and
are declared Rules of Courts, subject to the power of the Supreme Court to alter and modify the
same. The National Assembly shall have the power to repeal, alter, or supplement the rules
concerning pleading, practice, and procedure, and the admission to the practice of law in the
Philippines.

ARTICLE IX.—IMPEACHMENT

SECTION 1. The President, the Vice-President, the Justices of the Supreme Court, and the
Auditor General, shall be removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, or other high crimes.

SEC. 2. The Commission on Impeachment of the National Assembly, by a vote of two-thirds of

its Members, shall have the sole power of impeachment.

SEC. 3. The National Assembly shall have the sole power to try all impeachments. When sitting
for that purpose the Members shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be
convicted without the concurrence of three-fourths of all the Members who do not belong to the
Commission on Impeachment.

SEC. 4. Judgment in cases of impeachment shall not extend further then to removal from office
and disqualification to hold and enjoy any office of honor, trust, or profit under the Government
of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution,
trial, and punishment, according to law.

ARTICLE X.—GENERAL AUDITING OFFICE

SECTION 1. There shall be a General Auditing Office under the direction and control of an
Auditor General, who shall hold office for a term of ten years and may not be reappointed. The
Auditor General shall be appointed by the President with the consent of the Commission on
Appointments, and shall receive an annual compensation to Le fixed by law which shall not be
diminished during his continuance in office. Until the National Assembly shall provide
otherwise, the Auditor General shall receive an annual compensation of twelve thousand pesos.

SEC. 2. The Auditor General shall examine, audit, and settle all accounts pertaining to the
revenues and receipts from whatever source, including trust funds derived from bond issues; and
audit, in accordance with law and administrative regulations, all expenditures of funds or
property pertaining to or held in trust by the Government or the provinces or municipalities
thereof. He shall keep the general accounts of the Government and preserve the vouchers
pertaining thereto. It shall be the duty of the Auditor General to bring to the attention of the
proper administrative officer expenditures of funds or property which, in his opinion, are
irregular, unnecessary, excessive, or extravagant. He shall also perform such other functions as
may be prescribed by law.
SEC. 3. The decisions of the Auditor General shall be rendered within the time fixed by law, and
the same may be appealed to the President whose action shall be final. When the aggrieved party
is a private person or entity, an appeal from the decision of the Auditor General may be taken
directly to a court of record in the manner provided by law.

SEC. 4. The Auditor General shall submit to the President and the National Assembly an annual
report covering the financial condition and operations of the Government, and such other reports
as may be required.

ARTICLE XI.—CIVIL SERVICE

SECTION 1. A Civil Service embracing all branches and subdivisions of the Government shall
be provided by law. Appointments in the Civil Service, except as to those which are policy-
determining, primarily confidential or highly technical in nature, shall be made only according to
merit and fitness, to be determined as far as practicable by competitive examination.

SEC. 2. Officers and employees in the Civil Service, including members of the armed forces,
shall not engage directly or indirectly in partisan political activities or take part in any election
except to vote.

SEC. 3. No officer or employee of the Government shall receive additional or double

compensation unless specifically authorized by law.

SEC. 4. No officer or employee in the Civil Service shall be removed or suspended except for
cause as provided by law.

ARTICLE XII.—CONSERVATION AND UTILIZATION OF NATURAL RESOURCES

SECTION 1. All agricultural, timber, and mineral lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces or potential energy, and other natural resources
of the Philippines belong to the State, and their disposition, exploitation, development, or
utilization shall be limited to citizens of the Philippines, or to corporations or associations at least
sixty per centum  of the capital of which is owned by such citizens, subject to any existing right,
grant, lease, or concession at the time of the inauguration of the Government established under
this Constitution. Natural resources, with the exception of public agricultural land, shall not be
alienated, and no license, concession, or lease for the exploitation, development, or utilization of
any of the natural resources shall be granted for a period exceeding twenty-five years, except as
to water rights for irrigation, water supply, fisheries, or industrial uses other than the
development of water power, in which cases beneficial use may be the measure and the limit of
the grant.

SEC. 2. No private corporation or association may acquire, lease, or hold public agricultural
lands in excess of one thousand and twenty-four hectares, nor may any individual acquire such
lands by purchase in excess of one hundred and forty-four hectares, or by lease in excess of one
thousand and twenty-four hectares, or by homestead in excess of twenty-four hectares. Lands
adapted to grazing, not exceeding two thousand hectares, may be leased to an individual, private
corporation, or association.

SEC. 3. The National Assembly may determine by law the size of private agricultural land which
individuals, corporations, or associations may acquire and hold, subject to rights existing prior to
the enactment of such law.

SEC. 4. The National Assembly may authorize, upon payment of just compensation, the
expropriation of lands to be subdivided into small lots and conveyed at cost to individuals.

SEC. 5. Save in cases of hereditary succession, no private agricultural land shall be transferred or
assigned except to individuals, corporations, or associations qualified to acquire or hold lands of
the public domain in the Philippines.

SEC. 6. The State may, in the interest of national welfare and defense, establish and operate
industries and means of transportation and communication, and, upon payment of just
compensation, transfer to public ownership utilities and other private enterprises to be operated
by the Government.

ARTICLE XIII.—GENERAL PROVISIONS

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars,
as consecrated and honored by the people and recognized by law.

SEC. 2. All public officers and members of the armed forces shall take an oath to support and
defend the Constitution.

SEC. 3. The National Assembly shall take steps toward the development and adoption of a
common national language based on one of the existing native languages. Until otherwise
provided by law, English and Spanish shall continue as official languages.

SEC. 4. The State shall promote scientific research and invention. Arts and letters shall be under
its patronage. The exclusive right to writings and inventions shall be secured to authors and
inventors for a limited period.

SEC. 5. All educational institutions shall be under the supervision of and subject to regulation by
the State. The Government shall establish and maintain a complete and adequate system of
public education, and shall provide at least free public primary instruction, and citizenship
training to adult citizens. All schools shall aim to develop moral character, personal discipline,
civic conscience, and vocational efficiency, and to teach the duties of citizenship. Optional
religious instruction shall be maintained in the public schools as now authorized by law.
Universities established by the State shall enjoy academic freedom. The State shall create
scholarships in arts, science, and letters for specially gifted citizens.
SEC. 6. The State shall afford protection to labor, especially to working women and minors, and
shall regulate the relations between landowner and tenant, and between labor and capital in
industry and in agriculture. The State may provide for compulsory arbitration.

SEC. 7. The National Assembly shall not, except by general law, provide for the formation,
organization, or regulation of private corporations, unless such corporations are owned or
controlled by the Government or any subdivision or instrumentality thereof.

SEC. 8. No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to corporations or other entities
organized under the laws of the Philippines, sixty per centum of the capital of which is owned by
citizens of the Philippines, nor shall such franchise, certificate, or authorization be exclusive in
character or for a longer period than fifty years. No franchise or right shall be granted to any
individual, firm, or corporation, except under the condition that it shall be subject to amendment,
alteration, or repeal by the National Assembly when the public interest so requires.

SEC. 9. The Government shall organize and maintain a national police force to preserve public
order and enforce the law.

SEC. 10. This Constitution shall be officially promulgated in English and Spanish, but in case of
conflict the English text shall prevail.

ARTICLE XIV.—AMENDMENTS

SECTION 1. The National Assembly, by a vote of three-fourths of all its Members, may propose
amendments to this Constitution or call a convention for that purpose. Such amendments shall be
valid as part of this Constitution when approved by a majority of the votes cast at an election at
which the amendments are submitted to the people for their ratification.

ARTICLE XV.—TRANSITORY PROVISIONS

SECTION 1. The first election of the officers provided in this Constitution and the inauguration
of the Government of the Commonwealth of the Philippines shall take place as provided in
Public Act Numbered One hundred and twenty-seven of the Congress of the United States,
approved March twenty-four, nineteen hundred and thirty-four.

SEC. 2. All laws of the Philippine Islands shall continue in force until the inauguration of the
Commonwealth of the Philippines; thereafter, such laws shall remain operative, unless
inconsistent with this Constitution, until amended, altered, modified, or repealed by the National
Assembly, and all references in such laws to the Government or officials of the Philippine
Islands shall be construed, in so far as applicable, to refer to the Government and corresponding
officials under this Constitution.

SEC. 3. All courts existing at the time of the adoption of this Constitution shall continue and
exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution,
and all cases, civil and criminal, pending in said courts, shall be heard, tried and determined
under the laws then in force.

SEC. 4. All officers and employees in the existing Government of the Philippine Islands shall
continue in office until the National Assembly shall provide otherwise, but all officers whose
appointments are by this Constitution vested in the President shall vacate their respective offices
upon the appointment and qualification of their successors, if such appointment is made within a
period of one year from the date of the inauguration of the Commonwealth of the Philippines.

SEC. 5. The Members of the National Assembly for theMountainProvinceshall be elected as may
be provided by law. The voters of municipalities and municipal districts formerly belonging to a
special province and now forming part of regular provinces shall vote in the election for
Members of the National Assembly in such districts as may be provided by law.

SEC. 6. The provisions of this Constitution, except those contained in this article and in Article
V, and those which refer to the election and qualifications of officers to be elected under this
Constitution, shall not take effect until the inauguration of the Commonwealth of the Philippines.

ARTICLE XVI.—SPECIAL PROVISIONS EFFECTIVE UPON THE PROCLAMATION

OF THE INDEPENDENCE OF THE PHILIPPINES.

SECTION 1. Upon the proclamation of the President of the United States recognizing the
independence of the Philippines—

(1) The property rights of the United States and the Philippines shall be promptly adjusted and
settled, and all existing property rights of citizens or corporations of the United States shall be
acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the
Philippines.

(2) The officials elected and serving under this Constitution shall be constitutional officers of the
free and independent government of the Philippines and qualified to function in all respects as if
elected directly under such Government, and shall serve their full terms of office as prescribed in
this Constitution.

(3) The debts and liabilities of the Philippines, its provinces, cities, municipalities, and
instrumentalities, which shall be valid and subsisting at the time of the final and complete
withdrawal of the sovereignty of the United States, shall be assumed by the free and independent
government of the Philippines; and where bonds have been issued under authority of an Act of
Congress of the United States by the Philippine Islands, or any province, city, or municipality
therein, the Government of the Philippines will make adequate provision for the necessary funds
for the payment of interest and principal, and such obligations shall be a first lien on all taxes
collected.

(4) The Government of the Philippines will assume all continuing obligations of the United
States under the Treaty of Peace withSpainceding the Philippine Islands to the United States.
 ARTICLE XVII.—THE COMMONWEALTH AND THE REPUBLIC

SECTION 1. The government established by this Constitution shall be known as the

Commonwealth of the Philippines. Upon the final and complete withdrawal of the sovereignty of
the United States and the proclamation of Philippine independence, the Commonwealth of the
Philippines shall thenceforth be known as the Republic of the Philippines.

ORDINANCE APPENDED TO THE CONSTITUTION

SECTION 1. Notwithstanding the provisions of the foregoing Constitution, pending the final and
complete withdrawal of the sovereignty of the United States over the Philippines—

(1) All citizens of the Philippines shall owe allegiance to the United States.

(2) Every officer of the Government of the Commonwealth of the Philippines shall, before

entering upon the discharge of his duties, take and subscribe an oath of office, declaring, among
other things, that he recognizes and accepts the supreme authority of and will maintain true faith
and allegiance to the United States.

(3)Absolute toleration of religious sentiment shall be secured and no inhabitant or religious

organization shall be molested in person or property on account of religious belief or mode or
worship.

(4) Property owned by the United States, cemeteries, churches, and parsonages or convents
appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious,
charitable, or educational purposes shall be exempt for taxation.

(5) Trade relations between the Philippines and the United States shall be upon the basis
prescribed in section six of Public Act Numbered One hundred and twenty-seven of the Congress
of the United States approved March twenty-four, nineteen hundred and thirty-four.

(6) The public debt of the Philippines and its subordinate branches shall not exceed limits now or
hereafter fixed by the Congress of the United States, and no loans shall be contracted in foreign
countries without the approval of the President of the United States.

(7) The debts, liabilities, and obligations of the present Government of the Philippine Islands, its
provinces, municipalities, and instrumentalities, valid and subsisting at the time of the adoption
of the Constitution, shall be assumed and paid by the Government of the Commonwealth of the
Philippines.

(8) The Government of the Commonwealth of the Philippines shall establish and maintain an
adequate system of public schools, primarily conducted in the English language.

(9) Acts affecting currency, coinage, imports, exports, and immigration shall not become law
until approved by the President of the United States.
(10) Foreign affairs shall be under the direct supervision and control of the United States.

(11) All acts passed by the National Assembly of the Commonwealth of the Philippines shall be
reported to the Congress of the United States.

(12) The Philippines recognizes the right of the United States to expropriate property for public
uses, to maintain military and other reservations and armed forces in the Philippines, and, upon
order of the President of the United States, to call into the service of such armed forces all
military forces organized by the Government of the Commonwealth of the Philippines.

(13) The decisions of the courts of the Philippines shall be subject to review by the Supreme
Court of the United States as now provided by law, and such review shall also extend to all cases
involving the Constitution of the Philippines.

(14) Appeals from decisions of the Auditor General may be taken to the President of the United
States.

(15) The United States may, by Presidential proclamation, exercise the right to intervene for the
preservation of the Government of the Commonwealth of the Philippines and for the
maintenance of the Government as provided in the Constitution thereof, and for the protection of
life, property, and individual liberty and for the discharge of Government obligations under and
in accordance with the provisions of the Constitution.

(16) The authority of the United States High Commissioner to the Government of the
Commonwealth of the Philippines as provided in Public Act Numbered One hundred and
twenty-seven of the Congress of the United States approved March twenty-four, nineteen
hundred and thirty-four, is hereby recognized.

(17) Citizens and corporations of the United States shall enjoy in the Commonwealth of the
Philippines all the civil rights of the citizens and corporations, respectively, thereof.

(18) Every duly adopted amendment to the Constitution of the Philippines shall be submitted to
the President of the United States for approval. If the President approve the amendment or if the
President fail to disapprove such amendment within six months from the time of its submission,
the amendment shall take effect as a part of such Constitution.

(19) The President of the United States shall have authority to suspend the taking effect of or the
operation of any law, contract, or executive order of the Government of the Commonwealth of
the Philippines, which in his judgment will result in a failure of the Government of the
Commonwealth of the Philippines to fulfill its contracts, or to meet its bonded indebtedness and
interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves
for the protection of the currency of the Philippines, or which in his judgment will violate
international obligations of the United States.

(20) The President of the Commonwealth of the Philippines shall make an annual report to the
President and Congress of the United States of the proceedings and operations of the
Government of the Commonwealth of the Philippines and shall make such other reports as the
President or Congress may request.

SEC. 2. Pending the final and complete withdrawal of the sovereignty of the United States over
the Philippines, there shall be a Resident Commissioner of the Philippines to the United
Stateswho shall be appointed by the President of the Commonwealth of the Philippines with the
consent of the Commission on Appointments. The powers and duties of the Resident
Commissioner shall be as provided in section seven, paragraph five of Public Act Numbered One
hundred and twenty-seven of the Congress of the United States, approved March twenty-four,
nineteen hundred and thirty-four, together with such other duties as the National Assembly may
determine. The qualifications, compensation, and expenses of the Resident Commissioner shall
be fixed by law.

SEC. 3. All other provisions of Public Act Numbered One hundred and twenty-seven of the
Congress of the United States, approved March twenty-four, nineteen hundred and thirty-four,
applicable to the Government of the Commonwealth of the Philippines are hereby made a part of
this Ordinance as if such provisions were expressly interested herein.

I HEREBY CERTIFY that this Constitution was adopted by the Constitutional Convention on
February 8, 1935.

(Sgd.) CLARO M. RECTO

1973 Constitution of the Republic of the

Philippines
1973

PREAMBLE

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

ARTICLE I

THE NATIONAL TERRITORY

SECTION 1. The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all the other territories belonging to the Philippines by historic
right or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular
shelves, and the other submarine areas over which the Philippines has sovereignty or jurisdiction.
The waters around, between, and connecting the islands of the archipelago, irrespective of their
breadth and dimensions, form part of the internal waters of the Philippines.

ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

SECTION 1. The Philippines is a republican state. Sovereignty resides in the people and all
governmental authority emanates from them.

SEC. 2. The defense of the State is a prime duty of the Government and the people, and in the
fulfillment of this duty all citizens may be required by law to render personal military or civil
service.

SEC. 3. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land, and adheres to the policy
of peace, equality, justice, freedom, cooperation, and amity with all nations.

SEC. 4. The State shall strengthen the family as a basic social institution. The natural right and
duty of parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the aid and support of the Government.

SEC. 5. The State recognizes the vital role of the youth in the nation-building and shall promote
their physical, intellectual, and social well-being.

SEC. 6. The State shall promote social justice to ensure the dignity, welfare, and security of all
the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment,
and disposition of private property, and equitably diffuse property ownership and profits.

SEC. 7. The State shall establish, maintain, and ensure adequate social services in the field of
education, health, housing, employment, welfare, and social security to guarantee the enjoyment
by the people of a decent standard of living.

SEC. 8. Civilian authority is at all times supreme over the military.

SEC. 9. The State shall afford protection to labor, promote full employment and equality in
employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the
relations between workers and employers. The State shall assure the rights of workers to self-
organization, collective bargaining, security of tenure, and just and humane conditions of work.
The State may provide for compulsory arbitration.
SEC. 10. The State shall guarantee and promote the autonomy of local government units,
especially the [barangays ], to ensure their fullest development as self-reliant communities.

ARTICLE III

CITIZENSHIP

SECTION 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.

(2) Those whose fathers or mothers are citizens of the Philippines.

(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of
nineteen hundred and thirty-five.

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

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

SEC. 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

SEC. 4. A natural-born citizen is one who is a citizen of the Philippines from birth without
having to perform any act to acquire or perfect his Philippine citizenship.

ARTICLE IV

BILL OF RIGHTS

SECTION 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

SEC. 2. Private property shall not be taken for public use without just compensation.

SEC. 3. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall not be violated,
and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined by the judge, or such other responsible officer as may be authorized by law, after
examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched, and the persons or things to be seized.

SEC. 4. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety and order require otherwise.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

SEC. 5. The liberty of abode and of travel shall not, be impaired except upon lawful order of the
court, or when necessary in the interest of national security, public safety, or public health.

SEC. 6. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts, transactions,
or decisions, shall be afforded the citizen subject to such limitations as may be provided by law.

SEC. 7. The right to form associations or societies for purposes not contrary to law shall not be
abridged.

SEC. 8. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

SEC. 9. No law shall be passed abridging the freedom of speech, or of the press, or the right of
the people peaceably to assemble and petition the Government for redress of grievances.

SEC. 10. No law granting a title of royalty or nobility shall be enacted.

SEC. 11. No law impairing the obligation of contracts shall be passed.

SEC. 12. No ex post facto law or bill of attainder shall be enacted.

SEC. 13. No person shall be imprisoned for debt or non-payment of a poll tax.

SEC. 14. No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duty convicted.

SEC. 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion, insurrection, rebellion, or imminent danger thereof, when the public safety requires it.

SEC. 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

SEC. 17. No person shall be held to answer for a criminal offense without due process of law.

SEC. 18. All persons, except those charged with capital offenses when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties. Excessive bail shall not be
required.

SEC. 19. In all criminal prosecutions, the accused shall be presumed innocent until the contrary
is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that he has been duly notified and
his failure to appear is unjustified.

SEC. 20. No person shall be compelled to be a witness against himself. Any person under
investigation for the commission of an offense shall have the right to remain silent and to
counsel, and to be informed of such right. No force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Any confession obtained in violation
of this section shall be inadmissible in evidence.

SEC. 21. Excessive fines shall not be imposed, nor cruel or unusual punishment inflicted.

SEC. 22. No person shall be twice put in jeopardy of punishment for the same offense. If an act
is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar
to another prosecution for the same act.

SEC. 23. Free access to the courts shall not be denied to any person by reason of poverty.

ARTICLE V

DUTIES AND OBLIGATIONS OF CITIZENS

SECTION 1. It shall be the duty of the citizen to be loyal to the Republic and to honor the
Philippine flag, to defend the State and contribute to its development and welfare, to uphold the
Constitution and obey the laws, and to.cooperate with the duly constituted authorities in the
attainment and preservation of a just and orderly society.

SEC. 2. The rights of the individual impose upon him the correlative duty to exercise them
responsibly and with due regard for the rights of others.

SEC. 3. It shall be the duty of every citizen to engage in gainful work to assure himself and his
family a life worthy of human dignity.

SEC. 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote.

ARTICLE VI

SUFFRAGE

SECTION 1. Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified
by law, who are eighteen years of age or over, and who shall have resided in the Philippines for
at least one year and in the place wherein they propose to vote for at least six months preceding
the election. No literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage. The Batasang Pambansa shall provide a system for the purpose of securing
the secrecy and sanctity of the vote.

ARTICLE VII

THE PRESIDENT

SECTION 1. The President shall be the head of state and chief executive of the Republic of the
Philippines.

SEC. 2. No person may be elected President unless he is a natural-born citizen of the Philippines.
a registered voter, able to read and write, at least fifty years of age on the day of election for
President, and a resident of the Philippines for at least ten years immediately preceding such
election.

SEC. 3. The President shall be elected by direct vote of the people for a term of six years which
shall begin at noon on the thirtieth day of June following the day of the election and shall end at
noon of the same date six years thereafter when the term of his successor shall begin.

The returns of every election for President, duly certified by the board of canvassers of each
province or city, shall be transmitted to the Speaker at the Batasang Pambansa, who shall, not
later than thirty days after the day of the election, and in the presence of the Batasang Pambansa
open all the certificates, and the votes shall then be counted.

The person having the highest number of votes shall be proclaimed elected; but in case two or
more shall have an equal and the highest number of votes, one of them shall forthwith be chosen
by a vote of a majority of all the Members of the Batasang Pambansa in session assembled.

SEC 4. If, at the time fixed for the beginning of his term, the President-elect shall have died or
shall have failed to qualify or if the President shall not have been chosen, the Executive
Committee, headed by the Prime Minister, as hereinafter provided, shall exercise the powers and
discharge the duties of the President until a President shall have been elected and qualified. If the
Batasang Pambansa withdraws its confidence in the Prime Minister, the Speaker shall preside
over the Executive Committee. In the absence of an Executive Committee, the Speaker of the
Batasang Pambansa shall act as President until a President shall have been elected and qualified.

In the event of death or failure to qualify as herein provided, the Batasang Pambansa shall call a
special election in the manner prescribed in Section 7 hereof.

SEC. 5. The President, on assuming office, shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to
every man and consecrate myself to the service of the Nation. So help me God.” (In case of
affirmation, the last sentence is omitted.)
SEC. 6. (1) The President shall have an official residence and shall receive a compensation to be
fixed by law, which shall not be increased or decreased during his term of office. He shall not
receive during his tenure any other emolument from the Government or any other source. Until
the Batasang Pambansa shall provide otherwise, the President shall receive an annual salary of
one hundred thousand pesos.

(2) The President shall not, during his tenure, hold any other office, practice any profession,
participate directly or indirectly in the management of any business, or be financially interested
directly or indirectly in any contract with, or in any franchise or special privilege granted by, the
Government or any subdivision, agency or instrumentality thereof, including any government-
owned or controlled corporation.

SEC. 7. In case of permanent disability, death, removal from office or resignation of the
President, the Executive Committee headed by the Prime Minister as hereinafter provided shall
exercise the powers of the President until a President shall have been elected and qualified. If the
permanent disability, death, removal from office or resignation of the President occurs earlier
than eighteen (18) months before the expiration of his term, the Batasang Pambansa shall, within
thirty days from the time the vacancy occurs, call a special election to be held not earlier than
forty-five days nor later than sixty days from the time of such call, to elect a President to serve
the unexpired term.

In the absence of an Executive Committee, the Speaker shall act as President until the President
shall have been elected and qualified.

SEC. 8. The President shall have control of the ministries.

SEC. 9. The President shall be commander-in-chief of all armed forces of the Philippines and,
whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless
violence, invasion, insurrection, or rebellion. In case of invasion, insurrection, or rebellion, or
imminent danger thereof, when the public safety requires it, he may suspend the privilege of the
writ of habeas corpus, or place the Philippines or any part thereof under martial law.

SEC. 10. The President shall appoint the heads of bureaus and offices, the officers of the armed
forces of the Philippines from the rank of brigadier general or commodore, and all other officers
of the Government whose appointments are not otherwise provided for, those whom he may be
authorized by law to appoint. However, the Batasang Pambansa may by law vest in the Prime
Minister, members of the Cabinet, the Executive Committee, courts, heads of agencies,
commissions, and boards the power to appoint inferior officers.

SEC. 11. The President may, except in cases of impeachment, grant reprieves, commutations and
pardons, remit fines and forfeitures and, with the concurrence of the Batasang Pambansa, grant
amnesty.

SEC. 12. The President may contract and guarantee foreign and domestic loans on behalf of the
Republic of the Philippines, subject to such limitations as may be provided by law.
SEC. 13. The President shall formulate the guidelines of national policy.

SEC. 14. The President shall address the Batasang Pambansa at the opening of its regular
session. He may also appear before it at any other time.

SEC. 15. The President shall be immune from suit during his tenure. Thereafter, no suit
whatsoever shall lie for official acts done by him or by others pursuant to his specific orders
during his tenure.

The immunities herein provided shall apply to the incumbent President referred to in Article
XVII of this Constitution.

SEC. 16. All powers vested in the President of the Philippines under the 1935 Constitution and
the laws of the land which are not herein provided for or conferred upon any official shall be
deemed and are hereby vested in the President unless the Batasang Pambansa provides
otherwise.

ARTICLE VIII

BATASANG PAMBANSA

SECTION 1. The Legislative power shall be vested in a Batasang Pambansa.

SEC. 2. The Batasang Pambansa which shall be composed of not more than 200 Members unless
otherwise provided by law, shall include representatives elected from the different regions of the
Philippines, those elected or selected from various sectors as may be provided by law, and those
chosen by the President from the members of the Cabinet. Regional representatives shall be
apportioned among the regions in accordance with the number of their respective inhabitants and
on the basis of a uniform and progressive ratio.

The number of representatives from each region and the manner of their election shall be
prescribed by law. The number of representatives from each sector and the manner of their
election or selection shall be prescribed by law.

SEC. 3. (l) The Members of the Batasang Pambansa shall have a term of six years which shall
begin; unless otherwise provided by law, at noon on the thirtieth day of June next following their
election.

(2) In case the Batasang Pambansa is dissolved, the newly elected Members shall serve the
unexpired portion of the term from the time the President convokes the Assembly, which shall
not be later than thirty days immediately following their election.

SEC. 4. No person shall be a Member of the Batasang Pambansa as a regional representative

unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, a registered voter in the Region in which he shall
be elected, and a resident thereof for a period of not less than one year immediately preceding the
day of the election.

A sectoral representative shall be a natural-born citizen, able to read and write, and shall have
such other qualifications as may be provided by law.

SEC. 5. (1) The regular election of the Members of the Batasang Pambansa shall be held on the
second Monday of May 1984 and every six years thereafter.

(2) In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular
election, the Commission on Elections shall call a special election to be held within sixty days
after the vacancy occurs to elect the Member to serve the unexpired term.

SEC. 6. The Batasang Pambansa shall convene once every year on the fourth Monday of July for
its regular session, unless a different date is fixed by law, and shall continue to be in session for
such number of days as it may determine. However, it may be called to session at any time by
the President to consider such subjects or legislation as he may designate;

SEC. 7. (1) The Batasang Pambansa shall, by a majority vote of all its Members, elect its
Speaker from the Members thereof. It shall choose such other officers as it may deem necessary.

(2) A majority of all the Members of the Batasang Pambansa shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and may compel the attendance of
absent Members in such manner, and under such penalties, as the Batasang Pambansa may
provide.

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

(4) The Batasang Pambansa shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, effect national security; and the
yeas and nays on any question shall, at the request of one-fifth of the Members present, be
entered in the Journal.

SEC. 8. (1) Unless otherwise provided by law, each Member of the Batasang Pambansa shall
receive an annual salary of sixty thousand pesos. The Speaker of the Batasang Pambansa shall
receive an annual salary of seventy-five thousand pesos. No increase in salary shall take effect
until after the expiration of the term of the Members of the Batasang Pambansa approving such
increase.

(2) The records and books of accounts of the Batasang Pambansa shall be open to the public in
accordance with law, and such books shall be audited by the Commission on Audit which shall
publish annually the itemized expendi tures for each Member.
SEC. 9. A Member of the Batasang Pambansa shall, in all offenses punishable by not more than
six years imprisonment, be privileged from arrest during his attendance at its sessions, and in
going to and returning from the same; but the Batasang Pambansa shall surrender the Member
involved to the custody of the law within twenty-four hours after its adjournment for a recess or
for its next session, otherwise such privilege shall cease upon its failure to do so. A Member
shall not be questioned nor be held liable in any other place for any speech or debate in the
Batasan or in any committee thereof.

SEC. 10. A Member of the Batasang Pambansa shall not hold any other office or employment in
the Government, or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations, during his tenure except that of Prime Minister, Deputy Prime
Minister, Member of the Cabinet or the Executive Committee, or Deputy Minister. Neither shall
he, during the term for which he was elected, be appointed to any civil office which may have
been created or the emoluments thereof increased while he was a Member of the Batasang
Pambansa.

SEC. 11. No Member of the Batasang Pambansa shall appear as counsel before any court
without appellate jurisdiction, before any court in any civil case wherein the Government, or any
subdivision, agency, or instrumentality thereof is the adverse party, or in any criminal case
wherein any officer or employee of the Government is accused of an offense committed in
relation to his office, or before any administrative body. Neither shall he, directly or indirectly be
interested financially in any contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency or instrumentality thereof, including any government-
owned or controlled corporation, during his term of office. He shall not accept employment to
intervene in any cause or matter where he may be called to act on account of his office.

SEC. 12. (1) There shall be a question hour at least once a month or as often as the Rules of the
Batasang Pambansa may provide, which shall be included in its agenda, during which the Prime
Minister, the Deputy Prime Minister or any Minister may be required to appear and answer
questions and interpellation by Members of the Batasang Pambansa. Written questions shall be
submitted to the Speaker at least three days before a scheduled question hour. Interpellations
shall not be limited to the written questions, but may cover matters related thereto. The agenda
shall specify the subjects of the question hour. When the security of the State so requires and the
President so states in writing, the question hour shall be conducted in executive session.

(2) The Batasang Pambansa or any of its committees may conduct inquiries in aid of legislation
in accordance with its duly published rules of procedure. The rights of persons appearing in. or
affected by such inquiries shall be respected.

SEC. 13. (1) The Batasang Pambansa may withdraw its confidence from the Prime Minister by a
majority vote of all its Members. The motion for a vote of no confidence shall be calendared for
debate if it is signed by at least one-fifth of the Members of the Batasang Pambansa. No such
motion shall be debated and voted upon until after the lapse of seven days after its submission.
Within ten days from receipt of the written advice of the approval of the motion of no
confidence, the President may submit a nominee for a Prime Minister to be elected by the
Batasang Pambansa.

(2) The Prime Minister may advise the President in writing to dissolve the Batasang Pambansa
whenever the need arises for a popular vote of confidence on fundamental issues, but not on a
matter involving his own personal integrity. Whereupon, the President may dissolve the
Batasang Pambansa not earlier than seven nor later than fourteen days from his receipt of the
advice, and call for an election on a date set by him which shall not be earlier than forty-five nor
later than sixty days from the date of such dissolution. However, no dissolution of the Batasang
Pambansa shall take place within eighteen months immediately preceding a regular election of
the Batasang Pambansa or within eighteen months immediately following such election, or
during the pendency of impeachment proceedings against the President, or when the powers of
the President are exercised by the Executive Committee or the Speaker. The Batasang Pambansa
shall not be dissolved oftener than once every twelve (12) months.

SEC. 14. (1) Except as otherwise provided in this Constitution, no treaty shall he valid and
effective unless concurred in by a majority of all the Members of the Batasang Pambansa.

(2) The Batasang Pambansa, by a vote of two-thirds of all its Members, shall have the sole power
to declare the existence of a state of war.

SEC. 15. In times of war or other national emergency, the Batasang Pambansa may by law
authorize the President for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Batasang Pambansa, such powers shall cease upon its next
adjournment.

SEC. 16. (1) The Prime Minister shall submit to the Batasang Pambansa within thirty days from
the opening of each regular session, as the basis of the general appropriations bill, a budget of
receipts based on existing and proposed revenue measures, and of expenditures. The form,
content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it
relates specifically to some particular appropriation therein. Any such provision or enactment
shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Batasang Pambansa shall strictly follow
the procedure for approving appropriations for other departments and agencies.

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

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the
Prime Minister, the Speaker, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may by law be authorized to augment any item in the general
appropriations law for their respective offices from savings in other items of their respective
appropriations.

(6) If, by the end of any fiscal year, the Batasang Pambansa shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed re-enacted and shall remain in force and effect until the general
appropriations bill is passed by the Batasang Pambansa.

SEC. 17. (1) The rule of taxation shall be uniform and equitable. The Batasang Pambansa shall
evolve a progressive system of taxation.

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

(3) Charitable institutions, churches, parsonages or convents appurtenant thereto, mosques, and
non-profit cemeteries, and all lands, buildings, and improvements actually, directly, and
exclusively used for religious or charitable purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of
all the Members of the Batasang Pambansa.

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

(2) No public money or property shall ever be appropriated, applied, paid, or used, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution,
or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other
religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or government orphanage or
leprosarium.

SEC. 19. (1) Every bill shall embrace only one subject which shall be expressed in the title
thereof.

(2) No bill shall become a law unless it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to the Members three days before its
passage, except when the Prime Minister certifies to the necessity of its immediate enactment to
meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall
be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays
entered in the Journal.

SEC. 20. (1) Every bill passed by the Batasang Pambansa shall, before it becomes a law, be
presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it
and return the same with his objections to the Batasang Pambansa. The bill may be reconsidered
by the Batasang Pambansa and, if approved by two-thirds of all its Members, shall become a
law. The President shall act on every bill passed by the Batasang Pambansa within thirty days
after the date of receipt thereof; otherwise it shall become a law as if he had signed it.

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

ARTICLE IX

THE PRIME MINISTER, THE CABINET AND THE EXECUTIVE COMMITTEE

SECTION 1 There shall be a Cabinet which shall be composed of Ministers with or without
portfolio appointed by the President. At least a majority of the Members of the Cabinet who are
heads of ministries shall come from the Regional Representatives of the Batasang Pambansa.

The Prime Minister shall be the head of the Cabinet. He shall, upon the nomination of the
President from among the Members of the Batasang Pambansa, be elected by a majority of all
the Members thereof.

SEC. 2. The Prime Minister and the Cabinet shall be responsible to the Batasang Pambansa for
the program of government approved by the President.

SEC. 3. There shall be an Executive Committee to be designated by the President, composed of

the Prime Minister as Chairman, and not more than fourteen other members, at least half of
whom shall be Members of the Batasang Pambansa. The Executive Committee shall assist the
President in the exercise of his powers and functions and in the performance of his duties as he
may prescribe.

The Members of the Executive Committee shall have the same qualifications as those of the
Members of the Batasang Pambansa.

SEC. 4. The term of office of the Prime Minister shall commence from the date of his election by
the Batasang Pambansa and shall end on the date that the nomination of his successor is
submitted by the President to the Batasang Pambansa. Any other member of the Cabinet or the
Executive Committee may be removed at the discretion of the President.

SEC. 5. (1) The President may nominate from among the Members of the Batasang Pambansa a
Deputy Prime Minister who shall be elected by a majority of the Members thereof. The Deputy
Prime Minister shall perform such functions as may be assigned to him by the Prime Minister.

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

SEC. 6. The Prime Minister, Deputy Prime Minister, the Members of the Cabinet, and the
Members of the Executive Committee, on assuming office, shall take the following oath or
affirmation:
‘I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
(name of position) of the Philippines, preserve and defend its Constitution, execute its laws, do
justice to every man and consecrate myself to the service of the Nation. So help me God.’ (In
case of affirmation, the last sentence will be omitted.)

SEC. 7. The salaries and emoluments of the Prime Minister, Deputy Prime Minister, Members of
the Cabinet and of the Executive Committee shall be fixed by law which shall not be increased
or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister
shall receive the same salary as that of the President.

SEC. 8. The Prime Minister, the Members of the Cabinet and the Members of the Executive
Committee, shall be subject to the provisions of Section 11, Article VIII hereof and may not
appear as counsel before any court or administrative body, or manage any business, or practice
any profession, and shall also be subject to such other disqualifications as may be provided by
law.

SEC. 9. The Prime Minister, Deputy Prime Minister, any Member of the Cabinet or the
Executive Committee may resign for any cause without vacating his seat as Regional or Sectoral
Representative in the Batasang Pambansa, or any other government position.

SEC. 10. The Prime Minister shall have supervision of all ministries.

ARTICLE X

THE JUDICIARY

SECTION 1. The Judicial power shall be vested in one Supreme Court and in such inferior
courts as may be established by law. The Batasang Pambansa shall have the power to define,
prescribe, and apportion the jurisdiction of the various courts, but may not deprive the Supreme
Court of its jurisdiction over cases enumerated in Section five hereof.

SEC. 2. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in two divisions.

(2) All cases involving the constitutionality of a treaty, executive agreement, or law shall be
heard and decided by the Supreme Court en banc, and no treaty, executive agreement, or law
may be declared unconstitutional without the concurrence of at least ten Members. All other
cases, which under its rules are required to be heard en banc, shall be decided with the
concurrence of at least eight Members.

(3) Cases heard by a division shall be decided with the concurrence of at least five Members, but
if such required number is not obtained, the case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the Court in a decision rendered en banc or in division
may be modified or reversed except by the Court sitting en banc.
SEC. 3. (l) No person shall be appointed Member of the Supreme Court unless he is a natural-
born citizen of the Philippines, at least forty years of age, and has for ten years or more been a
judge of a court of record or engaged in the practice of law in the Philippines.

(2) The Batasang Pambansa shall prescribe the qualifications of judges of inferior courts, but no
person may be appointed judge thereof unless he is a natural-born citizen of the Philippines and a
member of the Philippine Bar.

SEC. 4. The Members of the Supreme Court and judges of inferior courts shall be appointed by
the President.

SEC. 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers, and
consuls, and over petitions for certiorari, prohibition, mandamus quo warranto, and habeas
corpus.

(2) Review and revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and decrees of inferior courts in–

(a) All cases in which the constitutionality or validity of any treaty, executive agreement, law,
ordinance, or executive order or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

(c) All cases in which the jurisdiction of any inferior court is in issue.

(d) All criminal cases in which the penalty imposed is death or life imprisonment.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of inferior courts to other stations as public interest may require.
Such temporary assignment shall not last longer than six mouths without the consent of the judge
concerned.

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

(5) Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to
the practice of law, and the integration of the Bar, which, however, may be repealed, altered, or
supplemented by the Batasang Pambansa. Such rules shall provide a simplified and.inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive rights.

(6) Appoint its officials and employees in accordance with the Civil Service Law.
SEC. 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

SEC. 7. The Members of the Supreme Court and judges of inferior courts shall hold office during
good behavior until they reach the age of seventy years or become incapacitated to discharge the
duties of their office. The Supreme Court shall have the power to discipline judges of inferior
courts and, by a vote of at least eight Members, order their dismissal.

SEC. 8. The conclusions of the Supreme Court in any case submitted to it for decision en banc or
in division shall be reached in consultation before the case is assigned to a Member for the
writing of the opinion of the Court. Any Member dissenting from a decision shall state the
reasons for his dissent. The same requirements shall be observed by all inferior collegiate courts.

SEC. 9. Every decision of a court of record shall clearly and distinctly state the facts and the law
on which it is based. The Rules of Court shall govern the promulgation of minute resolutions.

SEC. 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and
of judges of inferior courts shall be fixed by law, which shall not be decreased during the
continuance in office. Until the Batasang Pambansa shall provide otherwise, the Chief Justice
shall receive an annual salary of seventy-five thousand pesos, and each Associate Justice, sixty
thousand pesos.

SEC.11.(1) Upon the effectivity of this Constitution, the maximum period within which a case or
matter shall be decided or resolved from the date of its submission, shall be eighteen months for
the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all inferior
collegiate courts, and three months for all other inferior courts.

(2) With respect to the Supreme Court and other collegiate appellate courts, when the applicable
maximum period shall have lapsed without “the rendition of the corresponding decision or
resolution because the necessary vote cannot be had, the judgment, order, or resolution appealed
from shall be deemed affirmed, except in those cases where a qualified majority is required and
in appeals from judgments of conviction in criminal cases; and in original special civil actions
and proceedings for habeas corpus, the petition in such cases shall be deemed dismissed; and a
certification to this effect signed by the Chief Magistrate of the court shall be issued and a copy
thereof attached to the record of the case.

SEC. 12. The Supreme Court shall, within thirty days from the opening of each regular session
of the Batasang Pambansa, submit to the President, the Prime Minister, and the Batasang
Pambansa an annual report on the operations and activities of the Judiciary.

ARTICLE XI

LOCAL GOVERNMENT

SECTION 1. The territorial and political subdivisions of the Philippines are the provinces, cities,
municipalities, and barrios.
SEC. 2. The Batasang Pambansa shall enact a local government code which may not thereafter
be amended except by a majority vote of all its Members, defining a more responsive and
accountable local government structure with an effective system of recall, allocating among the
different local government units their powers, responsibilities, and resources, and providing for
the qualifications, election and removal, term, salaries, powers, functions, and duties of local
officials, and all other matters relating to the organization and operation of the local units.
However, any change in the existing form of local government shall not take effect until ratified
by a majority of the votes cast in a plebiscite called for the purpose.

SEC. 3. No province, city, municipality, or barrio may be created, divided, merged, abolished, or
its boundary substantially altered, except in accordance with the criteria established in the local
government code, and subject to the approval by a majority of the votes cast in a plebiscite in the
unit or units affected.

SEC. 4. (1) Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barrios, shall ensure that the acts of their component
units are within the scope of their assigned powers and functions. Highly urbanized cities, as
determined by standards established in the local government code, shall be independent of the
province.

(2) Local government units may group themselves, or consolidate or coordinate their efforts,
services, and resources for purposes commonly beneficial to them.

SEC. 5. Each local government unit shall have the power to create its own sources of revenue
and to levy taxes, subject to such limitations as may be provided by law.

ARTICLE XII

THE CONSTITUTIONAL COMMISSIONS

A. COMMON PROVISIONS

SECTION 1. The Constitutional Commissions shall be the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.

SEC. 2. Unless otherwise provided by law, the Chairman and each Commissioner of a
Constitutional Commission shall receive an annual salary of sixty thousand pesos and fifty
thousand pesos, respectively, which shall not be decreased during their continuance in office.

SEC. 3. No Member of a Constitutional Commission shall, during his tenure in office, engage in
the practice of any profession or in the management of any business, or be financially interested
directly or indirectly in any contract with, or in any franchise or privilege granted by, the
Government, or any subdivision, agency, or instrumentality thereof including government-owned
or controlled corporations.
SEC. 4. The Constitutional Commissions shall appoint their officials and employees in
accordance with the Civil Service Law.

B. THE CIVIL SERVICE COMMISSION

SECTION 1. (1) The Civil Service embraces every branch, agency, subdivision, and
instrumentality of the Government, including every government-owned or controlled
corporation. It shall be administered by an independent Civil, Service Commission composed of
a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines, and,
at the time of their appointment, are at least thirty-five years of age and holders of a college
degree, and must not have been candidates for any elective position in the election immediately
preceding their appointment. The Chairman and the Commissioners shall be appointed by the
President for a term of seven years without reappointment. Of the Commissioners first
appointed, one shall hold office for seven years, another for five years, and the third for three
years. Appointment to any vacancy shall be only for the unexpired portion of the term of the
predecessor.

(2) The Commission shall, subject to such limitations as may be provided by law, establish a
career service and adopt measures to promote morale, efficiency, and integrity in the Civil
Service.

SEC. 2. Appointments in the Civil Service, except as to those which are policy-determining,
primarily confidential, or highly technical in nature, shall be made only according to merit and
fitness, to be determined as far as practicable by competitive examination.

SEC. 3. No officer or employee in the Civil Service shall be suspended or dismissed except for
causes as provided by law.

SEC. 4. (1) Unless otherwise provided by law, no elective official shall be eligible for
appointment to any office or position during his tenure, except as Member of the Executive
Committee referred to in Section 3, Article IX, hereof.

(2) No candidate who lost in an election shall be eligible for appointment or reappointment to
any office in the Government, or in any’ government-owned or controlled Corporation, within
one year following such election.

SEC. 5. No officer or employee in the Civil Service, inc1uding members of the armed forces,
shall engage directly or indirectly in any partisan political activity or take part in any election
except to vote.

SEC. 6. The Batasang Pambansa shall provide for the standardization of compensation of
government officials and employees, including those in government-owned or controlled
corporations, taking into account the nature of the responsibilities pertaining to, and the
qualifications required for, the positions concerned.

C. THE COMMISSION ON ELECTIONS

SECTION 1. (1) There shall be an independent Commission on Elections composed of a
Chairman and eight Commissioners, who shall be natural-born citizens of the Philippines, and, at
the time of their appointment, at least thirty-five years of age and holders of a college degree.
However, a majority thereof, including the Chairman, shall be members of the Philippine Bar
who have been engaged in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President for a term of seven
years without reappointment. Of the Commissioners first appointed, three shall hold office for
seven years, three for five years, and the last three for three years. Appointment to any vacancy
shall be only for the unexpired portion of the term of the predecessor.

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

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

(2) Be the sole judge of all contests relating to the elections, returns, and qualifications of all
Members of the Batasang Pambansa and elective provincial and city officials.

(3) Decide, save those involving the right to vote, administrative questions affecting elections,
including the determination of the number and location of polling places, the appointment of
election officials and inspectors, and the registration of voters.

(4) Deputize, with the consent or at the instance of the President, law enforcement agencies and
instrumentalities of the Government, including the armed forces of the Philippines, for the
purpose of ensuring free, orderly, and honest elections.

(5) Register and accredit political parties subject to the provisions of Section eight hereof.

(6) Recommend to the Batasang Pambansa effective measures to minimize election expenses and
prohibit all forms of election frauds and malpractices, political opportunism, guest or nuisance
candidacy, or other similar acts.

(7) Submit to the President, the Prime Minister, and the Batasang Pambansa a report on the
conduct and manner of each election.

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

SEC. 3. The Commission on Elections may sit en banc or in three divisions. All election cases
may be heard and decided by divisions, except contests involving Members of the Batasang
Pambansa, which shall be heard and decided en banc. Unless otherwise provided by law, all
election cases shall be, decided within ninety days from the date of their submission for decision.

SEC. 4. The Commission may recommend to the President the removal of, or any other
disciplinary action against, any officer or employee it has deputized, for violation or disregard of,
or disobedience to, its decision, order, or directive.
SEC. 5. The enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or information, all grants,
special privileges, or concessions granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled corporation, may be
supervised or regulated by the Commission during the election period for the purpose of ensuring
free, orderly, and honest elections.

SEC. 6. Unless otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days thereafter.

SEC. 7. No pardon, parole or suspension of sentence for violation of the law or rules and
regulations concerning elections shall be granted without the recommendation of the
Commission.

SEC. 8. The political parties whose respective candidates for President have obtained the first
and second highest number of votes in the last preceding election for President under this
Constitution shall be entitled to accredition if each has obtained at least ten percent (10%) of the
total number of votes cast in such election. If the candidates for President obtaining the two
highest number of votes do not each obtain at least ten percent (10%) of the total number of
votes cast, or in case no election for President shall as yet have been held, the Commission on
Elections shall grant accredition to political parties as may be provided by law;

No religious sect shall be registered as a political party, and no political party which seeks to
achieve its goal through violence shall be entitled to accredition.

SEC. 9. (1) Bona fide candidates for any public office shall be free from any form of harassment
and discrimination.

(2) Accredited political parties shall be represented in the registration board, board of election
inspectors, board of canvassers, or other similar bodies as may be provided by law.

Accredited political parties may by law be granted other rights or privileges.

SEC. 10. No elective public officer may change his political affiliation during his term of office,
and no candidate for any elective office may change his political party affiliation within six
months immediately preceding or following an election, unless otherwise provided by law.

SEC. 11. Any decision, order, or ruling of the Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within thirty days from his, receipt of a copy thereof.

D. COMMISION ON AUDIT

SECTION 1. (1) There shall be an independent Commission on Audit composed of a Chairman

and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least forty years of age and certified public accountants or members of the
Philippine Bar for at least ten years.
(2) The Chairman and the Commissioners shall be appointed by the President for a term of seven
years without reappointment. Of the Commissioners first. appointed, one shall hold office for
seven years, another for five years, and the third for three years. Appointment to any vacancy
shall be only for the unexpired portion of the term of the predecessor.

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

(1) Examine, audit, and settle, in accordance with law and regulations, all accounts pertaining to
the revenues and receipts of, and expenditures or uses of funds and property, owned or held in
trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations; keep the general
accounts of the Government and, for such period as may be provided by law, preserve the
vouchers pertaining thereto; and promulgate accounting and auditing rules and regulations
including those for the prevention of irregular, unnecessary, excessive; or extravagant
expenditures or uses of funds and property.

(2) Decide any case brought before it within sixty days from the date of its submission for
resolution. Unless otherwise provided by law, any decision, order, or ruling of the Commission
may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from
his receipt of a copy thereof.

(3) Submit to the President, the Prime Minister, and the Batasang Pambansa, within the time
fixed by law, an annual financial report of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or controlled corporations, and recommend
measures necessary to improve their efficiency and effectiveness. It shall submit such other
reports as may be required by law.

(4) Perform such other duties and functions as may be prescribed by law.

ARTICLE XIII

ACCOUNTABILITY OF PUBLIC OFFICERS

SECTION 1. Public office is a public trust. Public officers and employees shall serve with the
highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable
to the people.

SEC. 2. The President, the Members of the Supreme Court, and the Members of the
Constitutional Commissions shall be removed from office on impeachment for, and conviction
of, culpable violation of the Constitution, treason, bribery, other high crimes, or graft and
corruption.

SEC. 3. The Batasang Pambansa shall have the exclusive power to initiate, try, and decide all
cases of impeachment. Upon the filling of a verified complaint, the Batasang Pambansa may
initiate impeachment by a vote of at least one-fifth of all its Members. No official shall be
convicted without the concurrence of at least two-thirds of all the Members thereof. When the
Batasang Pambansa sits in impeachment cases, its Members shall be on oath or affirmation.

SEC. 4. Judgments in cases of impeachment shall be limited to removal from office and
disqualification to hold any office of honor, trust, or profit under the Republic of the Philippines,
but the party convicted shall nevertheless be liable and subject to prosecution, trial, and
punishment, in accordance with law.

SEC. 5. The Batasang Pambansa shall create a special court, to be known as Sandiganbayan,
which shall have jurisdiction over criminal and civil cases involving graft and corrupt practices
and such other offenses committed by public officers and employees, including those in
government-owned or controlled corporations, in relation to their office as may be determined by
law.

SEC. 6. The Batasang Pambansa shall create an office of the Ombudsman, to be known as
Tanodbayan, which shall receive and investigate complaints relative to public office, including
those in government-owned or controlled corporations, make appropriate recommendations, and
in case of failure of justice as defined by law, file and prosecute the corresponding criminal,
civil, or administrative case before the proper court or body.

ARTICLE XIV

THE NATIONAL ECONOMY AND THE PATRIMONY OF THE NATION

SECTION 1. The Batasang Pambansa shall establish a National economic and Development
Authority, to be headed by the President, which shall recommend to the Batasang Pambansa,
after consultation with the private sector, local government units, and other appropriate public
agencies, continuing, coordinated, and fully integrated social and economic plans and programs.

SEC. 2. The State shall regulate or prohibit private monopolies when the public interest so
requires. No combination in restraint of trade or unfair competition shall be allowed.

SEC. 3. The Batasang Pambansa shall, upon recommendation of the National Economic and
Development Authority, reserve to citizens of the Philippines or to corporations or associations
wholly owned, by such citizens, certain traditional areas of investments when the national
interest so dictates.

SEC. 4. The Batasang Pambansa shall not, except by general law, provide for the formation;
organization, or regulation of private corporations, unless such corporations are.owned or
controlled by the Government or any subdivision or instrumentality thereof.

SEC. 5. No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to corporations or associations
organized under the laws of the Philippines at least sixty per centum of the capital of which is
owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in
character or for a longer period than fifty years. Neither shall any such franchise or right be
granted except under the condition that it shall be subject to amendment, alteration, or repeal in
by the Batasang Pambansa when the public interest so requires. The State shall encourage equity
participation in public utilities by the general public. The participation of foreign investors in the
governing body of any public utility enterprise shall be limited to their proportionate share in the
capital thereof.

SEC. 6. The State may, in the interest of national welfare or defense, establish and operate
industries and means of transportation and communications, and, upon payment of just
compensation, transfer to public ownership utilities and other private enterprises to be operated
by the Government.

SEC. 7. In times of national emergency when the public interest so requires, the State may
temporarily take over or direct the operation of any privately owned public utility or business
affected with public interest.

SEC. 8. All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils,
all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines
belong to the State. With the exception of agricultural, industrial or commercial, residential, and
resettlement lands of the.public domain, natural resources shall not be alienated, and no license,
concession, or lease for the exploration, development, exploitation, or utilization of any of the
natural resources shall be granted for a period exceeding twenty-five years, renewable for not
more than twenty-five years, except as to water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power, in which cases, beneficial use may be
the measure and the limit of the grant.

SEC. 9. The disposition, exploration, development, of exploitation, or utilization of any of the

natural resources of the Philippines shall be limited to citizens of the Philippines, or to
corporations or association at least sixty per centum of the capital of which is owned by such
citizens. The Batasang Pambansa, in the national interest, may allow such citizens, corporations,
or associations to enter into service contracts for financial, technical, management, or other
forms of assistance with any foreign person or entity for the exploitation, development,
exploitation, or utilization of any of the natural resources. Existing valid and binding service
contracts for financial, the technical, management, or other forms of assistance are hereby
recognized as such.

SEC. 10. Lands of the public domain are classified into agricultural, industrial or commercial,
residential, resettlement, mineral, timber or forest, and grazing lands, and such other classes as
may be provided by law.

SEC. 11. The Batasang Pambansa, taking into account conservation, ecological, and
developmental requirements of the natural resources, shall determine by law the size of lands of
the public domain which may be developed, held or acquired by, or leased to, any qualified
individual, corporation, or association, and the conditions therefor. No private corporation or
association may hold alienable lands of the public domain except by lease not to exceed one
thousand hectares in area; nor may any citizen hold such lands by lease in excess of five hundred
hectares or acquire by purchase or homestead in excess of twenty-four hectares. No private
corporation or association may hold by lease, concession, license, or permit, timber or forest
lands and other timber or forest resources in excess of one hundred thousand hectares; however,
such area may be increased by the Batasang Pambansa upon recommendation of the National
Economic and Development Authority.

SEC. 12. The State shall formulate and implement an agrarian reform program aimed at
emancipating the tenant from the bondage of the soil and achieving the goals enunciated in this
Constitution.

SEC. 13. The Batasang Pambansa may authorize, upon payment of just compensation, the
expropriation of private land to be subdivided into small lots and conveyed at cost to deserving
citizens.

SEC. 14. Save in cases of hereditary succession, no private lands shall be transferred or
conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of
the public domain.

SEC. 15. Notwithstanding the provisions of Section 14 of this Article, a natural-born citizen of
the Philippines who has lost his Philippine citizenship may be a transferee of private land, for use
by him as his residence, as the Batasang Pambansa shall provide.

SEC. 16. Any provision of paragraph one, Section fourteen, Article Eight and of this Article
notwithstanding, the President may enter into international treaties or agreements as the national
welfare and interest may require.

ARTICLE XV

GENERAL PROVISIONS

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and three stars,
as consecrated and honored by the people and recognized by law.

SEC. 2. The interim Batasang Pambansa may by law adopt a new name for the country, a
national anthem, and a national seal, which shall all be truly reflective and symbolic of the
ideals, history, and traditions of the people. Thereafter, the national name, anthem, and seal so
adopted shall not be subject to change except by constitutional amendment.

SEC. 3. (1) This Constitution shall be officially promulgated in English and in Pilipino, and
translated into each dialect spoken by over fifty thousand people, and into Spanish and Arabic. In
case of conflict, the English text shall prevail.

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

(3) Until otherwise provided by law, English and Pilipino shall be the official languages.
SEC. 4. All public officers and employees and members of the armed forces shall take an oath to
support and defend the Constitution.

SEC. 5. No elective or appointive public officer or employee shall receive additional or double
compensation unless specifically authorized by law, nor accept, without the consent of the
Batasang Pambansa, any present, emolument, office, or title of any kind from any foreign state.

SEC. 6. No salary or any form of emolument of any public officer or employee, including
constitutional officers, shall be exempt from payment of income tax.

SEC.7. (1) The ownership and management of mass media shall be limited to citizens of the
Philippines or to corporations or associations wholly owned and managed by such citizens.

(2) The governing body of every entity engaged in commercial telecommunications shall in all
cases be controlled by the citizens of the Philippines.

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

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

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

(4) All educational institutions shall aim to inculcate love of country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific, technological, and
vocational efficiency.

(5) The State shall maintain a system of free public, elementary education and, in areas where
finances permit, establish and maintain a system of free public education at least up to the
secondary level.

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

(7) Educational institutions, other than those established by religious orders, mission boards, and
charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or
association sixty per centum of the capital of which is owned by such citizens. The control and
administration of educational institutions shall be vested in citizens of the Philippines. No
educational institution shall be established exclusively for aliens, and no group of aliens shall
comprise more than one-third of the enrolment in any school. The provisions of this sub-section
shall not apply to schools established for foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign temporary residents.
(8) At the option expressed in writing by the parents or guardians, and without cost to them and
the Government, religion shall be taught to their children or wards in public elementary and high
schools as may be provided by law.

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

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

(3) The exclusive right to inventions, writings and artistic creations shall be secured to inventors
authors, and artists for a limited period. Scholarships, grants-in-aid, or other forms of incentives
shall be provided for specially gifted citizens.

SEC. 10. It shall be the responsibility of the State to achieve and maintain population levels most
conducive to the national welfare.

SEC. 11. The State shall consider the customs traditions, beliefs, and interests of national cultural
communities in the formulation and implementation of state policies.

SEC. 12. The State shall establish and maintain an integrated national police force whose
organization, administration, and operation shall be provided by law.

SEC. 13. (1) The armed forces of the Philippines shall include a citizen army composed of all
able-bodied citizens of the Philippines who shall undergo military training as may be provided
by law. It shall keep a regular force necessary for the security of the State.

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

SEC. 14. The Batasang Pambansa shall establish a central monetary authority which shall
provide policy direction in the areas of money, banking, and credit. It shall have supervisory
authority over the operations of banks and exercise such regulatory authority as may be provided
by law over the operations of finance companies and other institutions performing similar
functions. Until the Batasang Pambansa shall otherwise provide, the Central Bank of the
Philippines, operating under existing laws, shall function as the central monetary authority.

SEC. 15. The separation of church and state shall be inviolable.

SEC. 16. The State may not be sued without its consent.

ARTICLE XVI

AMENDMENTS
SECTION 1. (1) Any amendment to, or revision of. this Constitution may be proposed by the
Batasang Pambansa upon a vote of three-fourths of all its Members, or by a constitutional
convention.

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

SEC. 2. Any amendment to, or revision of, this Constitution shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be held not later than three months after the
approval of such amendment or revision.

ARTICLE XVII

TRANSITORY PROVISIONS

SECTION 1. There shall be an interim National Assembly which shall exist immediately upon
the ratification of this Constitution and shall continue until the Members of the regular National
Assembly shall have been elected and shall have assumed office following an election called for
the purpose by the interim National Assembly. Except as otherwise provided in this Constitution,
the interim National Assembly shall have the same powers and its Members shall have the same
functions, responsibilities, rights and privileges, and disqualifications as the regular. National
Assembly and the Members thereof.

SEC. 2. The Members of the interim National Assembly shall be the incumbent President and
Vice-President of the Philippines, those who served as President of the nineteen hundred and
seventy-one Constitutional Convention, those Members of the Senate and the House of
Representatives who shall express in writing to the Commission on Elections within thirty days
after the ratification of this Constitution their option to serve therein, and those Delegates to the
nineteen hundred and seventy-one Constitutional Convention who have opted to serve therein by
voting affirmatively for this Article. They may take their oath of office before any officer
authorized to administer oath and qualify thereto, after the ratification of this Constitution.

SEC. 3. (1) The incumbent President of the Philippines shall initially convene the interim
National Assembly and shall preside over its sessions until the interim Speaker shall have been
elected. He shall continue to exercise his powers and prerogatives under the nineteen hundred
and thirty-five Constitution and the powers vested in the President and the Prime Minister under
this Constitution until he calls upon the interim National Assembly to elect the interim President
and the interim Prime Minister, who shall then exercise their respective powers vested by this
Constitution.

(2) All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the
incumbent President shall be part of the law of the land, and shall remain valid, legal, binding,
and effective even after lifting of martial law or the ratification of this Constitution, unless
modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions, or
other acts of the incumbent President, or unless expressly and explicitly modified or repealed by
the regular National Assembly.

SEC. 4. The interim Prime Minister and his Cabinet shall exercise all the powers and functions,
and discharge the responsibilities of the regular Prime Minister and his Cabinet, and shall be
subject to the same disqualifications provided in this Constitution.

SEC. 5. The interim National Assembly shall give priority to measures for the orderly transition
from the presidential to the parliamentary system, the reorganization of the Government, the
eradication of graft and corruption, the effective maintenance of peace and order, the
implementation of declared agrarian reforms, the standardization of compensation of government
employees, and such other measures as shall bridge the gap between the rich and the poor.

SEC. 6. The interim National Assembly shall reapportion the Assembly seats in accordance with
Section two, Article Eight, of this Constitution.

SEC. 7. All existing laws not inconsistent with this Constitution shall remain operative until
amended, modified, or repealed by the National Assembly.

SEC. 8. All courts existing at the time of the ratification of this Constitution shall continue and
exercise their jurisdiction, until otherwise provided by law in accordance with this Constitution,
and all cases pending in said courts shall be heard, tried, and determined under the laws then in
force. The provisions of the existing Rules of Court not inconsistent with this Constitution shall
remain operative unless amended, modified, or repealed by the Supreme Court or the National
Assembly.

SEC. 9. All officials and employees in the existing Government of the Republic of the
Philippines shall continue in office until otherwise provided by law or decreed by the incumbent
President of the Philippines, but all officials whose appointments are by this Constitution vested
in the Prime Minister shall vacate their respective offices upon the appointment and qualification
of their successors.

SEC. 10. The incumbent members of the Judiciary may continue in office until they reach the
age of seventy years, unless sooner replaced in accordance with the preceding section hereof.

SEC. 11. The rights and privileges granted to citizens of the United States or to corporations or
associations owned or controlled by such citizens under the Ordinance appended to the nineteen
hundred and thirty-five Constitution shall automatically terminate on the third day of July,
nineteen hundred and seventy-four. Titles to private lands acquired by such persons before such
date shall be valid as against other private persons only.

SEC. 12. All treaties, executive agreements, and contracts entered into by the Government, or
any subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations, are hereby recognized as legal, valid, and binding. When the national interest so
requires, the incumbent President of the Philippines or the interim Prime Minister may review all
contracts, concessions, permits, or other forms of privileges for the exploration, development,
exploitation, or utilization of natural resources entered into, granted, issued, or acquired before
the ratification of this Constitution.

SEC. 13. Any public officer or employee separated from the service as a result of the
reorganization effected under this Constitution shall, if entitled under the laws then in force,
receive the retirement and other benefits accruing thereunder.

SEC. 14. All records, equipment, buildings, facilities, and other properties of any office or body
abolished or reorganized under this Constitution shall be transferred to the office or body to
which its powers, functions, and responsibilities substantially pertain.

SEC. 15. The interim National Assembly, upon special call by the.interim Prime Minister, may,
by a majority vote of all its Members, propose amendments to this Constitution. Such
amendments shall take effect when ratified in accordance with Article Sixteen hereof.

SEC. 16. This Constitution shall take effect immediately upon its ratification by a majority of the
votes cast in a plebiscite called for the purpose and, except as herein provided, shall supersede
the Constitution of nineteen hundred and thirty-five and all amendments thereto.

The foregoing Constitution was approved by the Filipino people in a referendum held between
January 10, 1973 and January 15, 1973, the result of which was announced under Proclamation
Numbered One Thousand One Hundred Two, dated January 17, 1973, by His Excellency,
President Ferdinand E. Marcos. By virtue whereof, the Constitution came into full force and
effect as of noon of January 17, 1973 In addition to the 1976 amendments reproduced in the
following pages, the Filipino people in two plebiscites respectively held on January 30, 1980 and
April 7, 1981 approved the amendments herein incorporated, the results being announced in
Proclamation No. 1959 and Proclamation No. 2077.

1976 AMENDMENTS

1. There shall be, in lieu of the interim National Assembly, an interim Batasang Pambansa.
Members of the interim Batasang Pambansa which shall not be more than 120, unless otherwise
provided by law, shall include the incumbent President of the Philippines, representatives elected
from the different regions of the nation, those who shall not be less than eighteen years of age
elected by their respective sectors, and those chosen by the incumbent President from the
Members of the Cabinet. Regional representatives shall be apportioned among the regions in
accordance with the number of their respective inhabitants and on the basis of a uniform and
progressive ratio, while the sector shall be determined by law. The number of representatives
from each region or sector and the manner of their election shall be prescribed and regulated by
law.

2. The interim Batasang Pambansa shall have the same powers and its Members shall have the
same functions, responsibilities, rights, privileges, and disqualifications as the interim National
Assembly and the regular National Assembly and the Members thereof.
3. The incumbent President of the Philippines shall, within 30 days from the election and
selection of the Members, convene the interim Batasang Pambansa and preside over its sessions
until the Speaker shall have been elected. The incumbent President of the Philippines shall be the
Prime Minister and he shall continue to exercise all his powers even after the interim Batasang
Pambansa is organized and ready to discharge its functions, and likewise he shall continue to
exercise his powers and prerogatives under the 1935 Constitution and the powers vested in the
President and the Prime Minister under this Constitutions.

4. The President (Prime Minister) and his Cabinet shall exercise all the powers and functions,
and discharge the responsibilities of the regular President (Prime Minister) and his Cabinet, and
shall be subject only to such disqualifications as the President (Prime Minister) may prescribe.
The President (Prime Minister), if he so desires, may appoint a Deputy Prime Minister or as
many Deputy Prime Ministers as he may deem necessary.

5. The incumbent President shall continue to exercise legislative powers until martial law shall
have been lifted.

6. Whenever in the judgment of the President (Prime Minister), there exists a grave emergency
or a threat or imminence thereof, or whenever the interim Batasang Pambansa or the regular
National Assembly fails or is unable to act adequately on any matter for any reason that in his
judgment requires immediate action, he may, in order to meet the exigency, issue the necessary
decrees, orders, or letters of instructions, which shall form part of the law of the land.

7. The Barangays and sanggunians shall continue as presently constituted but their functions,
powers and composition may be altered by law.

Referenda conducted through the barangays and under the supervision of the Commission on
Elections may be called at any time the Government deems it necessary to ascertain the will of
the people regarding any important matter, whether of national or local interest.

8. All provisions of this Constitution not inconsistent with any of these amendments shall
continue in full force and effect.

9. These amendments shall take effect after the incumbent President shall have proclaimed that
they have been ratified by a majority of the votes cast in the referendum-plebiscite.

THE 1987 CONSTITUTION

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a
just and humane society and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.

ARTICLE I

National Territory

The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters
of the Philippines.

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides

in the people and all government authority emanates from them.

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts

the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all
nations.

SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.

SECTION 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof,
all citizens may be required, under conditions provided by law, to render personal
military or civil service.

SECTION 5. The maintenance of peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.

SECTION 6. The separation of Church and State shall be inviolable.

 State Policies

SECTION 7. The State shall pursue an independent foreign policy. In its relations with
other states the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.

SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.

SECTION 9. The State shall promote a just and dynamic social order that will ensure
the prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all.

SECTION 10. The State shall promote social justice in all phases of national
development.

SECTION 11. The State values the dignity of every human person and guarantees full
respect for human rights.

SECTION 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect
the life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the Government.

SECTION 13. The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social well-
being. It shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.

SECTION 14. The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.

SECTION 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.

SECTION 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.

SECTION 17. The State shall give priority to education, science and technology, arts,
culture, and sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.

SECTION 18. The State affirms labor as a primary social economic force. It shall protect
the rights of workers and promote their welfare.
SECTION 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

SECTION 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.

SECTION 21. The State shall promote comprehensive rural development and agrarian
reform.

SECTION 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.

SECTION 23. The State shall encourage non-governmental, community-based, or

sectoral organizations that promote the welfare of the nation.

SECTION 24. The State recognizes the vital role of communication and information in
nation-building.

SECTION 25. The State shall ensure the autonomy of local governments.

SECTION 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.

SECTION 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.

SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.

ARTICLE III

Bill of Rights

SECTION 1. No person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
SECTION 3. (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires otherwise
as prescribed by law.

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

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or

of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed.
No religious test shall be required for the exercise of civil or political rights.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national security, public safety, or public
health, as may be provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations as
may be provided by law.

SECTION 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.

SECTION 9. Private property shall not be taken for public use without just
compensation.

SECTION 10. No law impairing the obligation of contracts shall be passed.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

SECTION 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices, and
their families.

SECTION 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

SECTION 14. (1) No person shall be held to answer for a criminal offense without due
process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except
in cases of invasion or rebellion when the public safety requires it.

SECTION 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.

SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs
and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE IV

Citizenship

SECTION 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and

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

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance with paragraph (3), Section 1
hereof shall be deemed natural-born citizens.

SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by

law.

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship,
unless by their act or omission they are deemed, under the law, to have renounced it.

SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law.

ARTICLE V
 Suffrage

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided
in the Philippines for at least one year and in the place wherein they propose to vote for
at least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.

SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity
of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections may promulgate to protect
the secrecy of the ballot.

ARTICLE VI

The Legislative Department

SECTION 1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.

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

elected at large by the qualified voters of the Philippines, as may be provided by law.

SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the

Philippines, and, on the day of the election, is at least thirty-five years of age, able to
read and write, a registered voter, and a resident of the Philippines for not less than two
years immediately preceding the day of the election.

SECTION 4. The term of office of the Senators shall be six years and shall commence,
unless otherwise provided by law, at noon on the thirtieth day of June next following
their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.

SECTION 5. (1) The House of Representatives shall be composed of not more than two
hundred and fifty members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the Metropolitan Manila
area in accordance with the number of their respective inhabitants, and on the basis of
a uniform and progressive ratio, and those who, as provided by law, shall be elected
through a party-list system of registered national, regional, and sectoral parties or
organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number
of representatives including those under the party list. For three consecutive terms after
the ratification of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the
labor, peasant, urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact
and adjacent territory. Each city with a population of at least two hundred fifty thousand,
or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.

SECTION 6. No person shall be a Member of the House of Representatives unless he

is a natural-born citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately preceding the day of
the election.

SECTION 7. The Members of the House of Representatives shall be elected for a term
of three years which shall begin, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election.

No member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his service for the full term for which
he was elected.

SECTION 8. Unless otherwise provided by law, the regular election of the Senators and
the Members of the House of Representatives shall be held on the second Monday of
May.

SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a

special election may be called to fill such vacancy in the manner prescribed by law, but
the Senator or Member of the House of Representatives thus elected shall serve only
for the unexpired term.

SECTION 10. The salaries of Senators and Members of the House of Representatives
shall be determined by law. No increase in said compensation shall take effect until
after the expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.
SECTION 11. A Senator or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be privileged from arrest
while the Congress is in session. No Member shall be questioned nor be held liable in
any other place for any speech or debate in the Congress or in any committee thereof.

SECTION 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests.
They shall notify the House concerned of a potential conflict of interest that may arise
from the filing of a proposed legislation of which they are authors.

SECTION 13. No Senator or Member of the House of Representatives may hold any
other office or employment in the Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to
any office which may have been created or the emoluments thereof increased during
the term for which he was elected.

SECTION 14. No Senator or Member of the House of Representatives may personally

appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or special privilege granted
by the Government, or any subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his office.

SECTION 15. The Congress shall convene once every year on the fourth Monday of
July for its regular session, unless a different date is fixed by law, and shall continue to
be in session for such number of days as it may determine until thirty days before the
opening of its next regular session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at any time.

SECTION 16. (1) The Senate shall elect its President and the House of Representatives
its Speaker, by a majority vote of all its respective Members.

Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller
number may adjourn from day to day and may compel the attendance of absent
Members in such manner, and under such penalties, as such House may provide.

(3) Each House may determine the rules of its proceedings, punish its Members for
disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend
or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty
days.
(4) Each House shall keep a Journal of its proceedings, and from time to time publish
the same, excepting such parts as may, in its judgment, affect national security; and the
yeas and nays on any question shall, at the request of one-fifth of the Members present,
be entered in the Journal.

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the
other, adjourn for more than three days, nor to any other place than that in which the
two Houses shall be sitting.

SECTION 17. The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the election,
returns, and qualifications of their respective Members. Each Electoral Tribunal shall be
composed of nine Members, three of whom shall be Justices of the Supreme Court to
be designated by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be chosen on
the basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein. The senior
Justice in the Electoral Tribunal shall be its Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the

President of the Senate, as ex officio Chairman, twelve Senators and twelve Members
of the House of Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations registered under
the party-list system represented therein. The Chairman of the Commission shall not
vote, except in case of a tie. The Commission shall act on all appointments submitted to
it within thirty session days of the Congress from their submission. The Commission
shall rule by a majority vote of all the Members.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of Representatives shall
have been organized with the election of the President and the Speaker. The
Commission on Appointments shall meet only while the Congress is in session, at the
call of its Chairman or a majority of all its Members, to discharge such powers and
functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved
and be open to the public in accordance with law, and such books shall be audited by
the Commission on Audit which shall publish annually an itemized list of amounts paid
to and expenses incurred for each Member.

SECTION 21. The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in or affected by such
inquiries shall be respected.
SECTION 22. The heads of departments may upon their own initiative, with the consent
of the President, or upon the request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any matter pertaining to their
departments. Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions, but may cover
matters related thereto. When the security of the State or the public interest so requires
and the President so states in writing, the appearance shall be conducted in executive
session.

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the existence of a
state of war.

(2) In times of war or other national emergency, the Congress may, by law, authorize
the President, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate exclusively in the
House of Representatives, but the Senate may propose or concur with amendments.

SECTION 25. (1) The Congress may not increase the appropriations recommended by
the President for the operation of the Government as specified in the budget. The form,
content, and manner of preparation of the budget shall be prescribed by law.

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

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

(3) The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.

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

(5) No law shall be passed authorizing any transfer of appropriations; however, the
President, the President of the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in the general appropriations law for
their respective offices from savings in other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for
public purposes to be supported by appropriate vouchers and subject to such guidelines
as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed reenacted and shall remain in force and effect
until the general appropriations bill is passed by the Congress.

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been
distributed to its Members three days before its passage, except when the President
certifies to the necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and
the vote thereon shall be taken immediately thereafter, and the yeas and nays entered
in the Journal.

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same, he shall sign it; otherwise, he shall
veto it and return the same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to reconsider it. If, after
such reconsideration, two-thirds of all the Members of such House shall agree to pass
the bill, it shall be sent, together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for or against shall
be entered in its Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.

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

SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress
shall evolve a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other duties or imposts within the
framework of the national development program of the Government.
(3) Charitable institutions, churches and parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually,
directly, and exclusively used for religious, charitable, or educational purposes shall be
exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.

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

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

(3) All money collected on any tax levied for a special purpose shall be treated as a
special fund and paid out for such purpose only. If the purpose for which a special fund
was created has been fulfilled or abandoned, the balance, if any, shall be transferred to
the general funds of the Government.

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice and concurrence.

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative
and referendum, and the exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or law or part thereof passed by
the Congress or local legislative body after the registration of a petition therefor signed
by at least ten per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the registered
voters thereof.

ARTICLE VII

Executive Department

SECTION 1. The executive power shall be vested in the President of the Philippines.

SECTION 2. No person may be elected President unless he is a natural-born citizen of

the Philippines, a registered voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for at least ten years
immediately preceding such election.
SECTION 3. There shall be a Vice-President who shall have the same qualifications
and term of office and be elected with and in the same manner as the President. He
may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment

requires no confirmation.

SECTION 4. The President and the Vice-President shall be elected by direct vote of the
people for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date six years
thereafter. The President shall not be eligible for any reelection. No person who has
succeeded as President and has served as such for more than four years shall be
qualified for election to the same office at any time.

No Vice-President shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President
shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the
board of canvassers of each province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of the certificates of canvass, the
President of the Senate shall, not later than thirty days after the day of the election,
open all certificates in the presence of the Senate and the House of Representatives in
joint public session, and the Congress, upon determination of the authenticity and due
execution thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case
two or more shall have an equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the Members of both Houses of the
Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to
the election, returns, and qualifications of the President or Vice- President, and may
promulgate its rules for the purpose.

SECTION 5. Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties
as President (or Vice-President or Acting President) of the Philippines, preserve and
defend its Constitution, execute its laws, do justice to every man, and consecrate myself
to the service of the Nation. So help me God.” (In case of affirmation, last sentence will
be omitted.)

SECTION 6. The President shall have an official residence. The salaries of the
President and Vice-President shall be determined by law and shall not be decreased
during their tenure. No increase in said compensation shall take effect until after the
expiration of the term of the incumbent during which such increase was approved. They
shall not receive during their tenure any other emolument from the Government or any
other source.

SECTION 7. The President-elect and the Vice-President-elect shall assume office at the
beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until
the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as
President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or
shall have become permanently disabled, the Vice-President-elect shall become
President.

Where no President and Vice-President shall have been chosen or shall have qualified,
or where both shall have died or become permanently disabled, the President of the
Senate or, in case of his inability, the Speaker of the House of Representatives shall act
as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have qualified, in
case of death, permanent disability, or inability of the officials mentioned in the next
preceding paragraph.

SECTION 8. In case of death, permanent disability, removal from office, or resignation

of the President, the Vice-President shall become the President to serve the unexpired
term. In case of death, permanent disability, removal from office, or resignation of both
the President and Vice-President, the President of the Senate or, in case of his inability,
the Speaker of the House of Representatives, shall then act as President until the
President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death,
permanent disability, or resignation of the Acting President. He shall serve until the
President or the Vice-President shall have been elected and qualified, and be subject to
the same restrictions of powers and disqualifications as the Acting President.
SECTION 9. Whenever there is a vacancy in the Office of the Vice-President during the
term for which he was elected, the President shall nominate a Vice-President from
among the Members of the Senate and the House of Representatives who shall
assume office upon confirmation by a majority vote of all the Members of both Houses
of the Congress, voting separately.

SECTION 10. The Congress shall, at ten o’clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in
accordance with its rules without need of a call and within seven days enact a law
calling for a special election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph 2, Section 26,
Article VI of this Constitution and shall become law upon its approval on third reading by
the Congress. Appropriations for the special election shall be charged against any
current appropriations and shall be exempt from the requirements of paragraph 4,
Section 25, Article VI of this Constitution. The convening of the Congress cannot be
suspended nor the special election postponed. No special election shall be called if the
vacancy occurs within eighteen months before the date of the next presidential election.

SECTION 11. Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the Vice-
President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the
Senate and to the Speaker of the House of Representatives their written declaration
that the President is unable to discharge the powers and duties of his office, the Vice-
President shall immediately assume the powers and duties of the office as Acting
President.

Thereafter, when the President transmits to the President of the Senate and to the
Speaker of the House of Representatives his written declaration that no inability exists,
he shall reassume the powers and duties of his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit within five days to the President of the Senate
and to the Speaker of the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office, the Congress shall
decide the issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in
session, within twelve days after it is required to assemble, determines by a two-thirds
vote of both Houses, voting separately, that the President is unable to discharge the
powers and duties of his office, the Vice-President shall act as the President; otherwise,
the President shall continue exercising the powers and duties of his office.
SECTION 12. In case of serious illness of the President, the public shall be informed of
the state of his health. The Members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not
be denied access to the President during such illness.

SECTION 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said tenure,
directly or indirectly, practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.

SECTION 14. Appointments extended by an Acting President shall remain effective,

unless revoked by the elected President within ninety days from his assumption or
reassumption of office.

SECTION 15. Two months immediately before the next presidential elections and up to
the end of his term, a President or Acting President shall not make appointments,
except temporary appointments to executive positions when continued vacancies
therein will prejudice public service or endanger public safety.

SECTION 16. The President shall nominate and, with the consent of the Commission
on Appointments, appoint the heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective
only until after disapproval by the Commission on Appointments or until the next
adjournment of the Congress.

SECTION 17. The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully executed.
SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight hours from the proclamation of martial
law or the suspension of the privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress. The Congress, voting jointly, by
a vote of at least a majority of all its Members in regular or special session, may revoke
such proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without any need of a
call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of
the privilege of the writ or the extension thereof, and must promulgate its decision
thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three days, otherwise he shall be released.

SECTION 19. Except in cases of impeachment, or as otherwise provided in this

Constitution, the President may grant reprieves, commutations and pardons, and remit
fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all
the Members of the Congress.

SECTION 20. The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board, and
subject to such limitations as may be provided by law. The Monetary Board shall, within
thirty days from the end of every quarter of the calendar year, submit to the Congress a
complete report of its decisions on applications for loans to be contracted or guaranteed
by the Government or government-owned and controlled corporations which would
have the effect of increasing the foreign debt, and containing other matters as may be
provided by law.

SECTION 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.

SECTION 22. The President shall submit to the Congress within thirty days from the
opening of every regular session, as the basis of the general appropriations bill, a
budget of expenditures and sources of financing, including receipts from existing and
proposed revenue measures.

SECTION 23. The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.

ARTICLE VIII

Judicial Department

SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.

SECTION 2. The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its Members.

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary
may not be reduced by the legislature below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly released.

SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled within ninety days from the occurrence
thereof.

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

agreement, or law, which shall be heard by the Supreme Court en banc, and all other
cases which under the Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations, shall be decided
with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case, without the concurrence of at
least three of such Members. When the required number is not obtained, the case shall
be decided en banc: Provided, that no doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may be modified or reversed except by the
court sitting en banc.

SECTION 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed six months without the consent of
the judge concerned.

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

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.

SECTION 6. The Supreme Court shall have administrative supervision over all courts
and the personnel thereof.

SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of
the Supreme Court must be at least forty years of age, and must have been for fifteen
years or more a judge of a lower court or engaged in the practice of law in the
Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity,

probity, and independence.

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of
the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary
of Justice, and a representative of the Congress as ex officio Members, a representative
of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.

(2) The regular Members of the Council shall be appointed by the President for a term
of four years with the consent of the Commission on Appointments. Of the Members
first appointed, the representative of the Integrated Bar shall serve for four years, the
professor of law for three years, the retired Justice for two years, and the representative
of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and
shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the
Judiciary. It may exercise such other functions and duties as the Supreme Court may
assign to it.
SECTION 9. The Members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from
the submission of the list.

SECTION 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts shall be fixed by law. During their
continuance in office, their salary shall not be decreased.

SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold
office during good behavior until they reached the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court en banc shall
have the power to discipline judges of lower courts, or order their dismissal by a vote of
a majority of the Members who actually took part in the deliberations on the issues in
the case and voted thereon.

SECTION 12. The Members of the Supreme Court and of other courts established by
law shall not be designated to any agency performing quasi-judicial or administrative
functions.

SECTION 13. The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before the case is
assigned to a Member for the writing of the opinion of the Court. A certification to this
effect signed by the Chief Justice shall be issued and a copy thereof attached to the
record of the case and served upon the parties. Any Member who took no part, or
dissented, or abstained from a decision or resolution must state the reason therefor.
The same requirements shall be observed by all lower collegiate courts.

SECTION 14. No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be
refused due course or denied without stating the legal basis therefor.

SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must
be decided or resolved within twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower
collegiate courts, and three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing
of the last pending, brief, or memorandum required by the Rules of Court or by the court
itself.
(3) Upon the expiration of the corresponding period, a certification to this effect signed
by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served upon the parties. The
certification shall state why a decision or resolution has not been rendered or issued
within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without
prejudice to such responsibility as may have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted thereto for determination, without
further delay.

SECTION 16. The Supreme Court shall, within thirty days from the opening of each
regular session of the Congress, submit to the President and the Congress an annual
report on the operations and activities of the Judiciary.

ARTICLE IX

Constitutional Commissions

A. Common Provisions

SECTION 1. The Constitutional Commissions, which shall be independent, are the Civil
Service Commission, the Commission on Elections, and the Commission on Audit.

SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold

any other office or employment. Neither shall he engage in the practice of any
profession or in the active management or control of any business which in any way be
affected by the functions of his office, nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.

SECTION 3. The salary of the Chairman and the Commissioners shall be fixed by law
and shall not be decreased during their tenure.

SECTION 4. The Constitutional Commissions shall appoint their officials and employees
in accordance with law.

SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.

SECTION 6. Each Commission en banc may promulgate its own rules concerning
pleadings and practice before it or before any of its offices. Such rules however shall not
diminish, increase, or modify substantive rights.
SECTION 7. Each Commission shall decide by a majority vote of all its Members any
case or matter brought before it within sixty days from the date of its submission for
decision or resolution. A case or matter is deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum required by the rules of the
Commission or by the Commission itself. Unless otherwise provided by this Constitution
or by law, any decision, order, or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a
copy thereof.

SECTION 8. Each Commission shall perform such other functions as may be provided
by law.

B. The Civil Service Commission

SECTION 1. (1) The Civil Service shall be administered by the Civil Service
Commission composed of a Chairman and two Commissioners who shall be natural-
born citizens of the Philippines and, at the time of their appointment, at least thirty-five
years of age, with proven capacity for public administration, and must not have been
candidates for any elective position in the elections immediately preceding their
appointment.

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

SECTION 2. (1) The civil service embraces all branches, subdivisions, instrumentalities,
and agencies of the Government, including government-owned or controlled
corporations with original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to
be determined, as far as practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for
cause provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be
provided by law.

SECTION 3. The Civil Service Commission, as the central personnel agency of the
Government, shall establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.
It shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a management
climate conducive to public accountability. It shall submit to the President and the
Congress an annual report on its personnel programs.

SECTION 4. All public officers and employees shall take an oath or affirmation to
uphold and defend this Constitution.

SECTION 5. The Congress shall provide for the standardization of compensation of

government officials and employees, including those in government-owned or controlled
corporations with original charters, taking into account the nature of the responsibilities
pertaining to, and the qualifications required for their positions.

SECTION 6. No candidate who has lost in any election shall, within one year after such
election, be appointed to any office in the Government or any government-owned or
controlled corporations or in any of their subsidiaries.

SECTION 7. No elective official shall be eligible for appointment or designation in any

capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no

appointive official shall hold any other office or employment in the Government or any
subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries.

SECTION 8. No elective or appointive public officer or employee shall receive

additional, double, or indirect compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present, emolument, office, or title of
any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect

compensation.

C. The Commission on Elections

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

and six Commissioners who shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of age, holders of a college degree,
and must not have been candidates for any elective position in the immediately
preceding elections. However, a majority thereof, including the Chairman, shall be
Members of the Philippine Bar who have been engaged in the practice of law for at least
ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, three Members shall hold office for seven
years, two Members for five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a temporary
or acting capacity.

SECTION 2. The Commission on Elections shall exercise the following powers and
functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided by
trial courts of general jurisdiction, or involving elective barangay officials decided by trial
courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving

elective municipal and barangay offices shall be final, executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.

(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions

which, in addition to other requirements, must present their platform or program of
government; and accredit citizens’ arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration.

Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections constitute interference in
national affairs, and, when accepted, shall be an additional ground for the cancellation
of their registration with the Commission, in addition to other penalties that may be
prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
or exclusion of voters; investigate and, where appropriate, prosecute cases of violations
of election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.

(7) Recommend to the Congress effective measures to minimize election spending,

including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance
candidacies.

(8) Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or disregard of,
or disobedience to its directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.

SECTION 3. The Commission on Elections may sit en banc or in two divisions, and
shall promulgate its rules of procedure in order to expedite disposition of election cases,
including pre-proclamation controversies. All such election cases shall be heard and
decided in division, provided that motions for reconsideration of decisions shall be
decided by the Commission en banc.

SECTION 4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of transportation
and other public utilities, media of communication or information, all grants, special
privileges, or concessions granted by the Government or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled corporation or its
subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time,
and space, and the right to reply, including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in connection with the objective
of holding free, orderly, honest, peaceful, and credible elections.

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of

election laws, rules, and regulations shall be granted by the President without the
favorable recommendation of the Commission.

SECTION 6. A free and open party system shall be allowed to evolve according to the
free choice of the people, subject to the provisions of this Article.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be

valid, except for those registered under the party-list system as provided in this
Constitution.
SECTION 8. Political parties, or organizations or coalitions registered under the party-
list system, shall not be represented in the voters’ registration boards, boards of election
inspectors, boards of canvassers, or other similar bodies. However, they shall be
entitled to appoint poll watchers in accordance with law.

SECTION 9. Unless otherwise fixed by the Commission in special cases, the election
period shall commence ninety days before the day of the election and shall end thirty
days after.

SECTION 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

SECTION 11. Funds certified by the Commission as necessary to defray the expenses
for holding regular and special elections, plebiscites, initiatives, referenda, and recalls,
shall be provided in the regular or special appropriations and, once approved, shall be
released automatically upon certification by the Chairman of the Commission.

D. Commission on Audit

SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and

two Commissioners, who shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of age, certified public accountants
with not less than ten years of auditing experience, or members of the Philippine Bar
who have been engaged in the practice of law for at least ten years, and must not have
been candidates for any elective position in the elections immediately preceding their
appointment. At no time shall all Members of the Commission belong to the same
profession.

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

SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property, owned or held in trust by, or pertaining to,
the Government, or any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with original charters, and on a post-audit
basis: (a) constitutional bodies, commissions and offices that have been granted fiscal
autonomy under this Constitution; (b) autonomous state colleges and universities; (c)
other government-owned or controlled corporations and their subsidiaries; and (d) such
non-governmental entities receiving subsidy or equity, directly or indirectly, from or
through the Government, which are required by law or the granting institution to submit
to such audit as a condition of subsidy or equity. However, where the internal control
system of the audited agencies is inadequate, the Commission may adopt such
measures, including temporary or special pre-audit, as are necessary and appropriate
to correct the deficiencies. It shall keep the general accounts of the Government and,
for such period as may be provided by law, preserve the vouchers and other supporting
papers pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this
Article, to define the scope of its audit and examination, establish the techniques and
methods required therefor, and promulgate accounting and auditing rules and
regulations, including those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of
government funds and properties.

SECTION 3. No law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction
of the Commission on Audit.

SECTION 4. The Commission shall submit to the President and the Congress, within
the time fixed by law, an annual report covering the financial condition and operation of
the Government, its subdivisions, agencies, and instrumentalities, including
government-owned or controlled corporations, and non-governmental entities subject to
its audit, and recommend measures necessary to improve their effectiveness and
efficiency. It shall submit such other reports as may be required by law.

ARTICLE X

Local Government

General Provisions

SECTION 1. The territorial and political subdivisions of the Republic of the Philippines
are the provinces, cities, municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

SECTION 2. The territorial and political subdivisions shall enjoy local autonomy.

SECTION 3. The Congress shall enact a local government code which shall provide for
a more responsive and accountable local government structure instituted through a
system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions and duties of local officials, and all
other matters relating to the organization and operation of the local units.
SECTION 4. The President of the Philippines shall exercise general supervision over
local governments. Provinces with respect to component cities and municipalities, and
cities and municipalities with respect to component barangays shall ensure that the acts
of their component units are within the scope of their prescribed powers and functions.

SECTION 5. Each local government unit shall have the power to create its own sources
of revenues and to levy taxes, fees, and charges subject to such guidelines and
limitations as the Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to the local
governments.

SECTION 6. Local government units shall have a just share, as determined by law, in
the national taxes which shall be automatically released to them.

SECTION 7. Local governments shall be entitled to an equitable share in the proceeds

of the utilization and development of the national wealth within their respective areas, in
the manner provided by law, including sharing the same with the inhabitants by way of
direct benefits.

SECTION 8. The term of office of elective local officials, except barangay officials,
which shall be determined by law, shall be three years and no such official shall serve
for more than three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his service
for the full term for which he was elected.

SECTION 9. Legislative bodies of local governments shall have sectoral representation

as may be prescribed by law.

SECTION 10. No province, city, municipality, or barangay may be created, divided,

merged, abolished, or its boundary substantially altered, except in accordance with the
criteria established in the Local Government Code and subject to approval by a majority
of the votes cast in a plebiscite in the political units directly affected.

SECTION 11. The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component
cities and municipalities shall retain their basic autonomy and shall be entitled to their
own local executives and legislative assemblies. The jurisdiction of the metropolitan
authority that will hereby be created shall be limited to basic services requiring
coordination.

SECTION 12. Cities that are highly urbanized, as determined by law, and component
cities whose charters prohibit their voters from voting for provincial elective officials,
shall be independent of the province. The voters of component cities within a province,
whose charters contain no such prohibition, shall not be deprived of their right to vote
for elective provincial officials.
SECTION 13. Local government units may group themselves, consolidate or coordinate
their efforts, services, and resources for purposes commonly beneficial to them in
accordance with law.

SECTION 14. The President shall provide for regional development councils or other
similar bodies composed of local government officials, regional heads of departments
and other government offices, and representatives from non-governmental
organizations within the regions for purposes of administrative decentralization to
strengthen the autonomy of the units therein and to accelerate the economic and social
growth and development of the units in the region.

Autonomous Region

SECTION 15. There shall be created autonomous regions in Muslim Mindanao and in
the Cordilleras consisting of provinces, cities, municipalities, and geographical areas
sharing common and distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework of this Constitution
and the national sovereignty as well as territorial integrity of the Republic of the
Philippines.

SECTION 16. The President shall exercise general supervision over autonomous
regions to ensure that the laws are faithfully executed.

SECTION 17. All powers, functions, and responsibilities not granted by this Constitution
or by law to the autonomous regions shall be vested in the National Government.

SECTION 18. The Congress shall enact an organic act for each autonomous region
with the assistance and participation of the regional consultative commission composed
of representatives appointed by the President from a list of nominees from multisectoral
bodies. The organic act shall define the basic structure of government for the region
consisting of the executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property law jurisdiction
consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of
the votes cast by the constituent units in a plebiscite called for the purpose, provided
that only provinces, cities, and geographic areas voting favorably in such plebiscite shall
be included in the autonomous region.

SECTION 19. The first Congress elected under this Constitution shall, within eighteen
months from the time of organization of both Houses, pass the organic acts for the
autonomous regions in Muslim Mindanao and the Cordilleras.
SECTION 20. Within its territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions shall provide for
legislative powers over:

(1) Administrative organization;

(2) Creation of sources of revenues;

(3) Ancestral domain and natural resources;

(4) Personal, family, and property relations;

(5) Regional urban and rural planning development;

(6) Economic, social, and tourism development;

(7) Educational policies;

(8) Preservation and development of the cultural heritage; and

(9) Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region.

SECTION 21. The preservation of peace and order within the regions shall be the
responsibility of the local police agencies which shall be organized, maintained,
supervised, and utilized in accordance with applicable laws. The defense and security of
the regions shall be the responsibility of the National Government.

ARTICLE XI

Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be removed
from office, on impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All
other public officers and employees may be removed from office as provided by law, but
not by impeachment.

SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate
all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution of endorsement by any Member
thereof, which shall be included in the Order of Business within ten session days, and
referred to the proper Committee within three session days thereafter. The Committee,
after hearing, and by a majority vote of all its Members, shall submit its report to the
House within sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the House within ten
session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either
to affirm a favorable resolution with the Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-
third of all the Members of the House, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than
once within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment.
When sitting for that purpose, the Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote. No person shall be convicted without the concurrence of two-
thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office
and disqualification to hold any office under the Republic of the Philippines, but the
party convicted shall nevertheless be liable and subject to prosecution, trial, and
punishment according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the
purpose of this section.

SECTION 4. The present anti-graft court known as the Sandiganbayan shall continue to
function and exercise its jurisdiction as now or hereafter may be provided by law.

SECTION 5. There is hereby created the independent Office of the Ombudsman,

composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at
least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the
military establishment may likewise be appointed.

SECTION 6. The officials and employees of the Office of the Ombudsman, other than
the Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.
SECTION 7. The existing Tanodbayan shall hereafter be known as the Office of the
Special Prosecutor. It shall continue to function and exercise its powers as now or
hereafter may be provided by law, except those conferred on the Office of the
Ombudsman created under this Constitution.

SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens of the
Philippines, and at the time of their appointment, at least forty years old, of recognized
probity and independence, and members of the Philippine Bar, and must not have been
candidates for any elective office in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge or engaged in the practice
of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions
as provided for in Section 2 of Article IX-A of this Constitution.

SECTION 9. The Ombudsman and his Deputies shall be appointed by the President
from a list of at least six nominees prepared by the Judicial and Bar Council, and from a
list of three nominees for every vacancy thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within three months after they occur.

SECTION 10. The Ombudsman and his Deputies shall have the rank of Chairman and
Members, respectively, of the Constitutional Commissions, and they shall receive the
same salary, which shall not be decreased during their term of office.

SECTION 11. The Ombudsman and his Deputies shall serve for a term of seven years
without reappointment. They shall not be qualified to run for any office in the election
immediately succeeding their cessation from office.

SECTION 12. The Ombudsman and his Deputies, as protectors of the people, shall act
promptly on complaints filed in any form or manner against public officials or employees
of the Government, or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in appropriate cases, notify the
complainants of the action taken and the result thereof.

SECTION 13. The Office of the Ombudsman shall have the following powers, functions,
and duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any
public official, employee, office or agency, when such act or omission appears to be
illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations
as may be provided by law, to furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or use of public funds
or properties, and report any irregularity to the Commission on Audit for appropriate
action.

(5) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and
with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the Government and make recommendations for their elimination and the
observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law.

SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically and regularly released.

SECTION 15. The right of the State to recover properties unlawfully acquired by public
officials or employees, from them or from their nominees or transferees, shall not be
barred by prescription, laches, or estoppel.

SECTION 16. No loan, guaranty, or other form of financial accommodation for any
business purpose may be granted, directly or indirectly, by any government-owned or
controlled bank or financial institution to the President, the Vice-President, the Members
of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions,
the Ombudsman, or to any firm or entity in which they have controlling interest, during
their tenure.

SECTION 17. A public officer or employee shall, upon assumption of office and as often
thereafter as may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President, the Vice-President, the Members
of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and
other constitutional offices, and officers of the armed forces with general or flag rank,
the declaration shall be disclosed to the public in the manner provided by law.

SECTION 18. Public officers and employees owe the State and this Constitution
allegiance at all times, and any public officer or employee who seeks to change his
citizenship or acquire the status of an immigrant of another country during his tenure
shall be dealt with by law.

ARTICLE XII

National Economy and Patrimony

SECTION 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and
services produced by the nation for the benefit of the people; and an expanding
productivity as the key to raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound
agricultural development and agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are competitive in both
domestic and foreign markets. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country
shall be given optimum opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective organizations, shall be encouraged to
broaden the base of their ownership.

SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under the full control and
supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose capital is
owned by such citizens. Such agreements may be for a period not exceeding twenty-
five years, renewable for not more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water rights for irrigation, water
supply, fisheries, or industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving
either technical or financial assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils according to the general terms
and conditions provided by law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State shall promote the
development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance
with this provision, within thirty days from its execution.

SECTION 3. Lands of the public domain are classified into agricultural, forest or timber,
mineral lands, and national parks. Agricultural lands of the public domain may be further
classified by law according to the uses which they may be devoted. Alienable lands of
the public domain shall be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public domain except by lease,
for a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in area. Citizens of the Philippines may
lease not more than five hundred hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and
subject to the requirements of agrarian reform, the Congress shall determine, by law,
the size of lands of the public domain which may be acquired, developed, held, or
leased and the conditions therefor.

SECTION 4. The Congress shall, as soon as possible, determine by law the specific
limits of forest lands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be conserved and may not be
increased nor diminished, except by law. The Congress shall provide, for such period as
it may determine, measures to prohibit logging in endangered forests and watershed
areas.

SECTION 5. The State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social, and cultural well-
being.

The Congress may provide for the applicability of customary laws governing property
rights or relations in determining the ownership and extent of ancestral domain.

SECTION 6. The use of property bears a social function, and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish,
and operate economic enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good so demands.
SECTION 7. Save in cases of hereditary succession, no private lands shall be
transferred or conveyed except to individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.

SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born

citizen of the Philippines who has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law.

SECTION 9. The Congress may establish an independent economic and planning

agency headed by the President, which shall, after consultations with the appropriate
public agencies, various private sectors, and local government units, recommend to
Congress, and implement continuing integrated and coordinated programs and policies
for national development.

Until the Congress provides otherwise, the National Economic and Development
Authority shall function as the independent planning agency of the government.

SECTION 10. The Congress shall, upon recommendation of the economic and planning
agency, when the national interest dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of whose capital is owned by such
citizens, or such higher percentage as Congress may prescribe, certain areas of
investments. The Congress shall enact measures that will encourage the formation and
operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities.

SECTION 11. No franchise, certificate, or any other form of authorization for the
operation of a public utility shall be granted except to citizens of the Philippines or to
corporations or associations organized under the laws of the Philippines at least sixty
per centum of whose capital is owned by such citizens, nor shall such franchise,
certificate, or authorization be exclusive in character or for a longer period than fifty
years. Neither shall any such franchise or right be granted except under the condition
that it shall be subject to amendment, alteration, or repeal by the Congress when the
common good so requires. The State shall encourage equity participation in public
utilities by the general public. The participation of foreign investors in the governing
body of any public utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or association
must be citizens of the Philippines.

SECTION 12. The State shall promote the preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt measures that help make them
competitive.
SECTION 13. The State shall pursue a trade policy that serves the general welfare and
utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

SECTION 14. The sustained development of a reservoir of national talents consisting of

Filipino scientists, entrepreneurs, professionals, managers, high-level technical
manpower and skilled workers and craftsmen in all fields shall be promoted by the
State. The State shall encourage appropriate technology and regulate its transfer for the
national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save
in cases prescribed by law.

SECTION 15. The Congress shall create an agency to promote the viability and growth
of cooperatives as instruments for social justice and economic development.

SECTION 16. The Congress shall not, except by general law, provide for the formation,
organization, or regulation of private corporations. Government-owned or controlled
corporations may be created or established by special charters in the interest of the
common good and subject to the test of economic viability.

SECTION 17. In times of national emergency, when the public interest so requires, the
State may, during the emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any privately owned public utility or
business affected with public interest.

SECTION 18. The State may, in the interest of national welfare or defense, establish
and operate vital industries and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be operated by the Government.

SECTION 19. The State shall regulate or prohibit monopolies when the public interest
so requires. No combinations in restraint of trade or unfair competition shall be allowed.

SECTION 20. The Congress shall establish an independent central monetary authority,
the members of whose governing board must be natural-born Filipino citizens, of known
probity, integrity, and patriotism, the majority of whom shall come from the private
sector. They shall also be subject to such other qualifications and disabilities as may be
prescribed by law. The authority shall provide policy direction in the areas of money,
banking, and credit. It shall have supervision over the operations of banks and exercise
such regulatory powers as may be provided by law over the operations of finance
companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines, operating
under existing laws, shall function as the central monetary authority.
SECTION 21. Foreign loans may only be incurred in accordance with law and the
regulation of the monetary authority. Information on foreign loans obtained or
guaranteed by the Government shall be made available to the public.

SECTION 22. Acts which circumvent or negate any of the provisions of this Article shall
be considered inimical to the national interest and subject to criminal and civil sanctions,
as may be provided by law.

ARTICLE XIII

Social Justice and Human Rights

SECTION 1. The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.

SECTION 2. The promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.

Labor

SECTION 3. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of employment
opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure, humane conditions of
work, and a living wage. They shall also participate in policy and decision-making
processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial
peace.

The State shall regulate the relations between workers and employers, recognizing the
right of labor to its just share in the fruits of production and the right of enterprises to
reasonable returns on investments, and to expansion and growth.

Agrarian and Natural Resources Reform

SECTION 4. The State shall, by law, undertake an agrarian reform program founded on
the right of farmers and regular farmworkers, who are landless, to own directly or
collectively the lands they till or, in the case of other farmworkers, to receive a just share
of the fruits thereof. To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to such priorities and reasonable retention
limits as the Congress may prescribe, taking into account ecological, developmental, or
equity considerations, and subject to the payment of just compensation. In determining
retention limits, the State shall respect the right of small landowners. The State shall
further provide incentives for voluntary land-sharing.

SECTION 5. The State shall recognize the right of farmers, farmworkers, and
landowners, as well as cooperatives, and other independent farmers’ organizations to
participate in the planning, organization, and management of the program, and shall
provide support to agriculture through appropriate technology and research, and
adequate financial, production, marketing, and other support services.

SECTION 6. The State shall apply the principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in the disposition or utilization of other
natural resources, including lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates
which shall be distributed to them in the manner provided by law.

SECTION 7. The State shall protect the rights of subsistence fishermen, especially of
local communities, to the preferential use of local marine and fishing resources, both
inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing assistance, and
other services. The State shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization
of marine and fishing resources.

SECTION 8. The State shall provide incentives to landowners to invest the proceeds of
the agrarian reform program to promote industrialization, employment creation, and
privatization of public sector enterprises. Financial instruments used as payment for
their lands shall be honored as equity in enterprises of their choice.

Urban Land Reform and Housing

SECTION 9. The State shall, by law, and for the common good, undertake, in
cooperation with the public sector, a continuing program of urban land reform and
housing which will make available at affordable cost decent housing and basic services
to underprivileged and homeless citizens in urban centers and resettlements areas. It
shall also promote adequate employment opportunities to such citizens. In the
implementation of such program the State shall respect the rights of small property
owners.

SECTION 10. Urban or rural poor dwellers shall not be evicted nor their dwellings
demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate

consultation with them and the communities where they are to be relocated.

Health

SECTION 11. The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and other
social services available to all the people at affordable cost. There shall be priority for
the needs of the underprivileged sick, elderly, disabled, women, and children. The State
shall endeavor to provide free medical care to paupers.

SECTION 12. The State shall establish and maintain an effective food and drug
regulatory system and undertake appropriate health manpower development and
research, responsive to the country’s health needs and problems.

SECTION 13. The State shall establish a special agency for disabled persons for
rehabilitation, self-development and self-reliance, and their integration into the
mainstream of society.

Women

SECTION 14. The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation.

Role and Rights of People’s Organizations

SECTION 15. The State shall respect the role of independent people’s organizations to
enable the people to pursue and protect, within the democratic framework, their
legitimate and collective interests and aspirations through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated

capacity to promote the public interest and with identifiable leadership, membership,
and structure.

SECTION 16. The right of the people and their organizations to effective and
reasonable participation at all levels of social, political, and economic decision-making
shall not be abridged. The State shall, by law, facilitate the establishment of adequate
consultation mechanisms.
 Human Rights

SECTION 17. (1) There is hereby created an independent office called the Commission
on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be
natural-born citizens of the Philippines and a majority of whom shall be members of the
Bar. The term of office and other qualifications and disabilities of the Members of the
Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human
Rights shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and
regularly released.

SECTION 18. The Commission on Human Rights shall have the following powers and
functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the underprivileged whose human rights have been
violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance

respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations
on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine the
truth in any investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

SECTION 19. The Congress may provide for other cases of violations of human rights
that should fall within the authority of the Commission, taking into account its
recommendations.

ARTICLE XIV

Education, Science and Technology, Arts, Culture, and Sports

Education

SECTION 1. The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such education
accessible to all.

SECTION 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in both
public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-
learning, independent, and out-of-school study programs particularly those that respond
to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.

SECTION 3. (1) All educational institutions shall include the study of the Constitution as
part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for
human rights, appreciation of the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship, strengthen ethical and spiritual
values, develop moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote vocational
efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be
allowed to be taught to their children or wards in public elementary and high schools
within the regular class hours by instructors designated or approved by the religious
authorities of the religion to which the children or wards belong, without additional cost
to the Government.

SECTION 4. (1) The State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable supervision and
regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and
mission boards, shall be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned by such citizens.
The Congress may, however, require increased Filipino equity participation in all
educational institutions.

The control and administration of educational institutions shall be vested in citizens of

the Philippines.

No educational institution shall be established exclusively for aliens and no group of

aliens shall comprise more than one-third of the enrollment in any school. The
provisions of this subsection shall not apply to schools established for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law, for other foreign
temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used
actually, directly, and exclusively for educational purposes shall be exempt from taxes
and duties. Upon the dissolution or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise

be entitled to such exemptions subject to the limitations provided by law including
restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or

contributions used actually, directly, and exclusively for educational purposes shall be
exempt from tax.

SECTION 5. (1) The State shall take into account regional and sectoral needs and
conditions and shall encourage local planning in the development of educational
policies and programs.
(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-
teaching academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.

Language

SECTION 6. The national language of the Philippines is Filipino. As it evolves, it shall

be further developed and enriched on the basis of existing Philippine and other
languages.

Subject to provisions of law and as the Congress may deem appropriate, the
Government shall take steps to initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in the educational system.

SECTION 7. For purposes of communication and instruction, the official languages of

the Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall
serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

SECTION 8. This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.

SECTION 9. The Congress shall establish a national language commission composed

of representatives of various regions and disciplines which shall undertake, coordinate,
and promote researches for the development, propagation, and preservation of Filipino
and other languages.

Science and Technology

SECTION 10. Science and technology are essential for national development and
progress. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education, training, and
services. It shall support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the country’s productive systems and
national life.
SECTION 11. The Congress may provide for incentives, including tax deductions, to
encourage private participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving
science students, researchers, scientists, inventors, technologists, and specially gifted
citizens.

SECTION 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest
participation of private groups, local governments, and community-based organizations
in the generation and utilization of science and technology.

SECTION 13. The State shall protect and secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period as may be provided by law.

Arts and Culture

SECTION 14. The State shall foster the preservation, enrichment, and dynamic
evolution of a Filipino national culture based on the principle of unity in diversity in a
climate of free artistic and intellectual expression.

SECTION 15. Arts and letters shall enjoy the patronage of the State. The State shall
conserve, promote, and popularize the nation’s historical and cultural heritage and
resources, as well as artistic creations.

SECTION 16. All the country’s artistic and historic wealth constitutes the cultural
treasure of the nation and shall be under the protection of the State which may regulate
its disposition.

SECTION 17. The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and institutions.
It shall consider these rights in the formulation of national plans and policies.

SECTION 18. (1) The State shall ensure equal access to cultural opportunities through
the educational system, public or private cultural entities, scholarships, grants and other
incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and
culture.

Sports

SECTION 19. (1) The State shall promote physical education and encourage sports
programs, league competitions, and amateur sports, including training for international
competitions, to foster self-discipline, teamwork, and excellence for the development of
a healthy and alert citizenry.
(2) All educational institutions shall undertake regular sports activities throughout the
country in cooperation with athletic clubs and other sectors.

ARTICLE XV

The Family

SECTION 1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family

and shall be protected by the State.

SECTION 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions
and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them.

SECTION 4. The family has the duty to care for its elderly members but the State may
also do so through just programs of social security.

ARTICLE XVI

General Provisions

SECTION 1. The flag of the Philippines shall be red, white, and blue, with a sun and
three stars, as consecrated and honored by the people and recognized by law.

SECTION 2. The Congress may, by law, adopt a new name for the country, a national
anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals,
history, and traditions of the people. Such law shall take effect only upon its ratification
by the people in a national referendum.

SECTION 3. The State may not be sued without its consent.

SECTION 4. The Armed Forces of the Philippines shall be composed of a citizen armed
force which shall undergo military training and serve, as may be provided by law. It shall
keep a regular force necessary for the security of the State.

SECTION 5. (1) All members of the armed forces shall take an oath or affirmation to
uphold and defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the
military, and respect for people’s rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its
members shall be a prime concern of the State. The armed forces shall be insulated
from partisan politics.

No member of the military shall engage directly or indirectly in any partisan political
activity, except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed
or designated in any capacity to a civilian position in the Government including
government-owned or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited
proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three
years. However, in times of war or other national emergency declared by the Congress,
the President may extend such tour of duty.

SECTION 6. The State shall establish and maintain one police force, which shall be
national in scope and civilian in character, to be administered and controlled by a
national police commission. The authority of local executives over the police units in
their jurisdiction shall be provided by law.

SECTION 7. The State shall provide immediate and adequate care, benefits, and other
forms of assistance to war veterans and veterans of military campaigns, their surviving
spouses and orphans. Funds shall be provided therefor and due consideration shall be
given them in the disposition of agricultural lands of the public domain and, in
appropriate cases, in the utilization of natural resources.

SECTION 8. The State shall, from time to time, review to upgrade the pensions and
other benefits due to retirees of both the government and the private sectors.

SECTION 9. The State shall protect consumers from trade malpractices and from
substandard or hazardous products.
SECTION 10. The State shall provide the policy environment for the full development of
Filipino capability and the emergence of communication structures suitable to the needs
and aspirations of the nation and the balanced flow of information into, out of, and
across the country, in accordance with a policy that respects the freedom of speech and
of the press.

SECTION 11. (1) The ownership and management of mass media shall be limited to
citizens of the Philippines, or to corporations, cooperatives or associations, wholly-
owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when
the public interest so requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by
law for the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the
capital of which is owned by such citizens shall be allowed to engage in the advertising
industry.

The participation of foreign investors in the governing body of entities in such industry
shall be limited to their proportionate share in the capital thereof, and all the executive
and managing officers of such entities must be citizens of the Philippines.

SECTION 12. The Congress may create a consultative body to advise the President on
policies affecting indigenous cultural communities, the majority of the members of which
shall come from such communities.

ARTICLE XVII

Amendments or Revisions

SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may likewise be directly proposed by the

people through initiative upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification of this Constitution
nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.

SECTION 3. The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit to the
electorate the question of calling such a convention.

SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety days after the approval of such
amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than sixty days nor later than
ninety days after the certification by the Commission on Elections of the sufficiency of
the petition.

ARTICLE XVIII

Transitory Provisions

SECTION 1. The first elections of Members of the Congress under this Constitution
shall be held on the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which
may be simultaneous with the election of the Members of the Congress. It shall include
the election of all Members of the city or municipal councils in the Metropolitan Manila
area.

SECTION 2. The Senators, Members of the House of Representatives, and the local
officials first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the election of 1992, the first twelve obtaining the highest
number of votes shall serve for six years and the remaining twelve for three years.

SECTION 3. All existing laws, decrees, executive orders, proclamations, letters of

instructions, and other executive issuances not inconsistent with this Constitution shall
remain operative until amended, repealed, or revoked.

SECTION 4. All existing treaties or international agreements which have not been
ratified shall not be renewed or extended without the concurrence of at least two-thirds
of all the Members of the Senate.

SECTION 5. The six-year term of the incumbent President and Vice-President elected
in the February 7, 1986 election is, for purposes of synchronization of elections, hereby
extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under this Constitution
shall be held on the second Monday of May, 1992.

SECTION 6. The incumbent President shall continue to exercise legislative powers until
the first Congress is convened.

SECTION 7. Until a law is passed, the President may fill by appointment from a list of
nominees by the respective sectors the seats reserved for sectoral representation in
paragraph (2), Section 5 of Article VI of this Constitution.

SECTION 8. Until otherwise provided by the Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government units
comprising the Metropolitan Manila area.

SECTION 9. A sub-province shall continue to exist and operate until it is converted into
a regular province or until its component municipalities are reverted to the mother
province.

SECTION 10. All courts existing at the time of the ratification of this Constitution shall
continue to exercise their jurisdiction, until otherwise provided by law. The provisions of
the existing Rules of Court, judiciary acts, and procedural laws not inconsistent with this
Constitution shall remain operative unless amended or repealed by the Supreme Court
or the Congress.

SECTION 11. The incumbent Members of the Judiciary shall continue in office until they
reach the age of seventy years or become incapacitated to discharge the duties of their
office or are removed for cause.

SECTION 12. The Supreme Court shall, within one year after the ratification of this
Constitution, adopt a systematic plan to expedite the decision or resolution of cases or
matters pending in the Supreme Court or the lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted for all special courts and quasi-judicial
bodies.

SECTION 13. The legal effect of the lapse, before the ratification of this Constitution, of
the applicable period for the decision or resolution of the cases or matters submitted for
adjudication by the courts, shall be determined by the Supreme Court as soon as
practicable.

SECTION 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed before the ratification of this
Constitution, when the applicable period lapses after such ratification.

SECTION 15. The incumbent Members of the Civil Service Commission, the
Commission on Elections, and the Commission on Audit shall continue in office for one
year after the ratification of this Constitution, unless they are sooner removed for cause
or become incapacitated to discharge the duties of their office or appointed to a new
term thereunder. In no case shall any Member serve longer than seven years including
service before the ratification of this Constitution.

SECTION 16. Career civil service employees separated from the service not for cause
but as a result of the reorganization pursuant to Proclamation No. 3 dated March 25,
1986 and the reorganization following the ratification of this Constitution shall be entitled
to appropriate separation pay and to retirement and other benefits accruing to them
under the laws of general application in force at the time of their separation. In lieu
thereof, at the option of the employees, they may be considered for employment in the
Government or in any of its subdivisions, instrumentalities, or agencies, including
government-owned or controlled corporations and their subsidiaries. This provision also
applies to career officers whose resignation, tendered in line with the existing policy,
had been accepted.

SECTION 17. Until the Congress provides otherwise, the President shall receive an
annual salary of three hundred thousand pesos; the Vice-President, the President of the
Senate, the Speaker of the House of Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand pesos each; the Senators, the Members of
the House of Representatives, the Associate Justices of the Supreme Court, and the
Chairmen of the Constitutional Commissions, two hundred four thousand pesos each;
and the Members of the Constitutional Commissions, one hundred eighty thousand
pesos each.

SECTION 18. At the earliest possible time, the Government shall increase the salary
scales of the other officials and employees of the National Government.

SECTION 19. All properties, records, equipment, buildings, facilities, and other assets
of any office or body abolished or reorganized under Proclamation No. 3 dated March
25, 1986 or this Constitution shall be transferred to the office or body to which its
powers, functions, and responsibilities substantially pertain.

SECTION 20. The first Congress shall give priority to the determination of the period for
the full implementation of free public secondary education.

SECTION 21. The Congress shall provide efficacious procedures and adequate
remedies for the reversion to the State of all lands of the public domain and real rights
connected therewith which were acquired in violation of the Constitution or the public
land laws, or through corrupt practices. No transfer or disposition of such lands or real
rights shall be allowed until after the lapse of one year from the ratification of this
Constitution.

SECTION 22. At the earliest possible time, the Government shall expropriate idle or
abandoned agricultural lands as may be defined by law, for distribution to the
beneficiaries of the agrarian reform program.
SECTION 23. Advertising entities affected by paragraph (2), Section 11 of Article XVI of
this Constitution shall have five years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino ownership requirement therein.

SECTION 24. Private armies and other armed groups not recognized by duly
constituted authority shall be dismantled. All paramilitary forces including Civilian Home
Defense Forces not consistent with the citizen armed force established in this
Constitution, shall be dissolved or, where appropriate, converted into the regular force.

SECTION 25. After the expiration in 1991 of the Agreement between the Republic of the
Philippines and the United States of America concerning Military Bases, foreign military
bases, troops, or facilities shall not be allowed in the Philippines except under a treaty
duly concurred in by the Senate and, when the Congress so requires, ratified by a
majority of the votes cast by the people in a national referendum held for that purpose,
and recognized as a treaty by the other contracting State.

SECTION 26. The authority to issue sequestration or freeze orders under Proclamation
No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain
operative for not more than eighteen months after the ratification of this Constitution.
However, in the national interest, as certified by the President, the Congress may
extend said 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
Constitution, the corresponding judicial action or proceeding shall be filed within six
months from its ratification. For those issued after such ratification, the judicial action or
proceeding shall be commenced within six months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or

proceeding is commenced as herein provided.

SECTION 27. This Constitution shall take effect immediately upon its ratification by a
majority of the votes cast in a plebiscite held for the purpose and shall supersede all
previous Constitutions.

Ratified: February 2, 1987

Taxation, imposition of compulsory levies on individuals or entities by governments.

Taxes are levied in almost every country of the world, primarily to raise revenue for
government expenditures, although they serve other purposes as well.
This article is concerned with taxation in general, its principles, its objectives, and its
effects; specifically, the article discusses the nature and purposes of taxation, whether
taxes should be classified as direct or indirect, the history of taxation, canons
and criteria of taxation, and economic effects of taxation, including shifting and
incidence (identifying who bears the ultimate burden of taxes when that burden is
passed from the person or entity deemed legally responsible for it to another). For
further discussion of taxation’s role in fiscal policy, see government economic policy.
In addition, see international trade for information on tariffs.
In modern economies taxes are the most important source of governmental revenue.
Taxes differ from other sources of revenue in that they are compulsory levies and are
unrequited—i.e., they are generally not paid in exchange for some specific thing, such
as a particular public service, the sale of public property, or the issuance of public
debt. While taxes are presumably collected for the welfare of taxpayers as a whole,
the individual taxpayer’s liability is independent of any specific benefit received.
There are, however, important exceptions: payroll taxes, for example, are commonly
levied on labour income in order to finance retirement benefits, medical payments,
and other social security programs—all of which are likely to benefit the taxpayer.
Because of the likely link between taxes paid and benefits received, payroll taxes are
sometimes called “contributions” (as in the United States). Nevertheless, the payments
are commonly compulsory, and the link to benefits is sometimes quite weak. Another
example of a tax that is linked to benefits received, if only loosely, is the use of taxes
on motor fuels to finance the construction and maintenance of roads and highways,
whose services can be enjoyed only by consuming taxed motor fuels.
Purposes Of Taxation
During the 19th century the prevalent idea was that taxes should serve mainly to
finance the government. In earlier times, and again today, governments have utilized
taxation for other than merely fiscal purposes. One useful way to view the purpose of
taxation, attributable to American economist Richard A. Musgrave, is to distinguish
between objectives of resource allocation, income redistribution, and economic
stability. (Economic growth or development and international competitiveness are
sometimes listed as separate goals, but they can generally be subsumed under the
other three.) In the absence of a strong reason for interference, such as the need to
reduce pollution, the first objective, resource allocation, is furthered if tax policy does
not interfere with market-determined allocations. The second objective, income
redistribution, is meant to lessen inequalities in the distribution of income and wealth.
The objective of stabilization—implemented through tax policy, government
expenditure policy, monetary policy, and debt management—is that of maintaining
high employment and price stability.

What is Taxation
Taxation is a term for when a taxing authority, usually a government, levies or
imposes a tax. The term "taxation" applies to all types of involuntary levies, from
income to capital gains to estate taxes. Though taxation can be a noun or verb, it
is usually referred to as an act; the resulting revenue is usually called "taxes."

Purposes and Justifications for Taxation

The most basic function of taxation is to fund government expenditures. Varying
justifications and explanations for taxes have been offered throughout history.
Early taxes were used to support ruling classes, raise armies and build defenses.
Often, the authority to tax stemmed from divine or supranational right.

Different Types of Taxation

As mentioned above, taxation applies to all different types of levies. These can
include (but are not limited to): 

 Income tax: Governments impose income taxes on financial income

generated by all entities within their jurisdiction, including individuals and
businesses.
 Corporate tax: This type of tax is imposed on the profit of a business.
 Capital gains: A tax on capital gains is imposed on any capital gains or
profits made by people or businesses from the sale of certain assets
including stocks, bonds, or real estate. 
 Property tax: A property tax is asses by a local government and paid for
by the owner of a property. This tax is calculated based on the property
and land values. 
 Inheritance: A type of tax levied on individuals who inherit the estate of a
deceased person. 
 Sales tax: A consumption tax imposed by a government on the sale of
goods and services. This can take the form of a value-added tax (VAT), a
goods and services tax (GST), a state or provincial sales tax or an excise
tax.