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THE PHILIPPINE CONSTITUTION

 THE 1897 CONSTITUTION OF BIAK-NA-BATO


Speech of President Ramos on the centennial of the Biak-na-Bato Republic
November 2, 1997
Speech
of
His Excellency Fidel V. Ramos
President of the Philippines
On the centennial of the Biak-na-Bato Republic

[Delivered at San Miguel de Mayumo, Bulacan, November 2, 1997]

The significance
of Biak-na-Bato

ONE HUNDRED YEARS ago today, our embattled forefathers sought to bring to a peaceful end the
violence and strife that had swept across the land as our nation struggled to be born—brave honorable
men—patriots all. Gathered here in this sacred spot were some 52 revolutionaries to seek an honorable,
just and fair peace with Spain, the colonial master. On the second day of November 1897, the first phase
of our revolution came to an end. We were engaged in a struggle for the independence of our people and
for our right as a nation and to take its rightful place among the free nations of the world.

On this historic site of Biak-na-Bato, where our revolutionary forces were encamped, our forefathers set
themselves the task of drafting a Constitution that would enshrine the vision and ideals by which the
Filipino nation would live. The assembly, presided by General

Aguinaldo, declared to abolish the departmental-regional system of government by adopting the


“Constitucion Provisional de Republica de Filipinas,” which the delegates then signed.

The goal of revolution

The government that was established in Biak-na-Bato was the first constitutional republican government
in “Filipinas.” Although its Constitution was provisional, its preamble stated: “The separation of
Filipinas from the Spanish monarchy and its establishment as an independent and sovereign state with
the name Republica de Filipinas, with its own government, is the goal sought by the revolution that
began in August 1896.”

The day after the Constitution was signed, the assembly met and elected the supreme council. Those
elected were Emilio Aguinaldo, President; Mariano Trias, Vice President; Isabelo Artacho, Secretary of
the Interior; Antonio Montenegro, Secretary of Foreign Affairs; Baldomero Aguinaldo, Secretary of
Treasury; and Emiliano Riego de Dios, Secretary of War.

Modern constitutionalists will easily discover flaws in the Biak-na-Bato Constitution. The flaws will be
seen mostly in the form of omissions or incompleteness. Modem Filipinos want their Constitution to
cover most exigencies and details, mainly out of a distrust of their leaders, a distrust owed to martial-law
experience. The redeeming virtue of the Biak-na-Bato Constitution was that the handful of men who
promulgated it took care that it would be provisional or temporary.

This was the decision of men over whom the people had no means of control or direct influence, whose
authority came from abnormal and extraconstitutional conditions, but who fixed their authority to two
years, leaving it to the representatives to interpret the people’s verdict.

On the whole, the Biak-na-Bato scheme was an approach to leadership that moderated the government’s
authoritarian origins by self-imposed limitations, characterized by grace and conscientiousness of
genuine patriotism.

In the light of recent events, it would be wise for us to reexamine our national aspirations in relation to
our goals as a nation. Just as our forefathers did one hundred years ago, so now today, must we carefully
and thoughtfully weigh the consequences of our actions and their benefits to our people.

No miracle cure for our problems

In the practice of governance and the drawing up of a Constitution, it is clear that the citizens must have
the final say. The voice of our people must never be confused with the voice of self-interest or the voice
of particular interest groups. In a Constitution, we deal with fundamentals in the lives of our people and
of our nation.

Whether it is the Biak-na-Bato Constitution, the Malolos Constitution, the 1935 Constitution, the 1971
or the 1987 Constitutions, our Constitution must be one that reflects truly the aspirations, ideals and
sentiments of our people.

A Constitution by itself is no miracle cure for the problems that confront our nation. No single
document, no matter how well drafted, can solve our problems. The laws emanating from our
Constitution and the programs in implementing the laws give the precise guidelines and action plans that
provide our chart for a better future.

But only dedicated men and women who serve the people’s will and the people’s well-being give life to
any Constitution and solve the problems of a nation—men and women endowed with competence and
integrity and imbued with idealism and the spirit of self-sacrifice, people who are willing to pay the
price for peace and development, and whose love of country surpasses any conflicts with personal self-
interest.

This noble objective of the Biak-na-Bato Constitution, General Aguinaldo and his coworkers constantly
worked at and fought for. This is the true significance of Biak-na-Bato.

Remembering Biak-na-Bato

This historic site remains very much as it was a hundred years ago, perhaps not as well respected and
remembered nationally, as it deserves to be. Perhaps only the local communities and serious historians
have given Biak-na-Bato the attention it deserves.
But not anymore. As part of the major events, on my instructions, the National Centennial Commission
has designated Biak-na-Bato as one of the sites of the centennial freedom trail. As such, it will be
developed into an ecological nature park for ecotourism and for historical remembrance.

This is in keeping with the Ramos Administration’s goal of enhancing Filipino pride in the Filipino; of
sustaining development and of spreading progress throughout the nation. The prime beneficiaries of this
project shall be the residents of San Miguel de Mayumo and its surrounding areas.

Already the National Centennial Commission, the Department of Tourism, the municipal government of
San Miguel and the Bulacan provincial government have been working on this project to ensure that it is
completed for next year’s celebration of our centennial as a nation.

I have also directed several agencies of government, with the Department of Environment and Natural
Resources in the lead, to facilitate the drafting of a Presidential Proclamation not later than December
30, 1997, declaring the larger Biak-na-Bato area as a national integrated protected area (NIPA), under
our NEPAs system.

Showing our appreciation

On this significant date in our history, let us take the opportunity to reflect on the quality and character
of our forebears and the sacrifices they were willing to make to win our freedom as a people. Our
revolutionary generals, who fought against superior odds, can stand proud with the national heroes of
any other people.

In our daily work let us try to capture a bit of their zeal and dedication, and endeavor to carry on with a
similar measure of devotion to duty, honor and country.

This is the least we, the Filipinos of today, can do in the years to come. Let us show to all the strength of
our unity, solidarity and teamwork as those of the revolution did 100 years ago.

I now say to you—let’s go! Go, Team Philippines, go!

Source: Presidential Museum and Library

Ramos, F. V. (1998). The continuity of freedom : a democratic and reformist society is our unique
competitive advantage. [Manila] : Friends of Steady Eddie.
CONSTITUCIÓN POLÍTICA POLITICAL CONSTITUTION
Título I — De la República Title 1 — On the Republic

Artículo 1 La asociación política de todos los Article 1 The political association of all
filipinos constituye una Nación cuyo Filipinos constitutes a Nation, whose
estado se denomina República State shall be named the Philippine
Filipina. Republic.

Artículo 2 La República Filipina es libre e Article 2 The Philippine Republic is free and
 1899 MALOLOS CONSTITUTION
independiente. independent.

Artículo 3 La soberanía reside exclusivamente Article 3 Sovereignty resides exclusively in


en el pueblo. the people.
LA CONSTITUCIÓN DE MALOLOS THE MALOLOS CONSTITUTION
Nosotros, los Representantes del We, the Representatives of the
Pueblo Filipino, convocados
Title II — Del Gobierno TitleFilipino
II — On People, legally convened to
the Government
legítimamente para establecer la establish justice, provide for the
justicia, proveer a la defense common defense, promote the
común, promover el bien general y
general
4 Thewelfare and ensure
of thethe
asegurarArtículo 4 El Gobierno
los beneficios de la de la República es Article Government Republic is
libertad,popular, representativo,
implorando el auxilio del alternative
blessings
popular, of liberty,alternative
representative, imploring the
Soberano Legislador dely Universo
y responsable lo ejercen tres aid of the Sovereign
and responsible, and shallLawgiver
be dividedof the
para alcanzar estos
poderes fines, hemos
distintos que se denominan amongUniverse in orderpowers,
three distinct to obtain these
which
votado, legislativo, ejecutivo ylajudicial.Nunca podrán shall be named legislative, executiveand
decretado y sancionado objectives, have voted, decreed
siguiente:
reunirse dos o más de approved the following:
and judicial.Never can two or more of these
estos poderes en una persona o powers be given to a person or
corporación ni depositarse el corporation, nor shall the power of
legislativo en un solo individuo. the legislative be vested in any
single individual.

Título III — De la Religión Title III — On Religion


Artículo 5 El Estado reconoce la libertad e Article 5 The State recognizes the freedom
igualdad de todos los cultos, así and equality of all beliefs, as well as
 THE ACTS OF THE UNITED STATES CONGRESS
como la separación de la Iglesia y
del Estado.
the separation of Church and State.

Título
The Jones LawIVof — De los Filipinos y sus
1916 Title IV — On the Filipinos and
Derechos Nacionales e their National and Individual
Individuales
August 29, 1916 Rights

[Public, No. 240]


Artículo 6 Article 6
TITLE
Son filipinos:1. Todas las personas nacidas en The following are Filipinos:1. All persons born in
territorio filipino. Una embarcación Philippine
AN ACT TO DECLARE THE PURPOSE OF THE PEOPLE OF THE UNITED STATES AS TO
con pabellón filipino es considerada territory. Any sea vessel where the
THE FUTURE POLITICAL STATUS OF THE PEOPLE OF THE PHILIPPINE ISLANDS,
para este efecto como parte del Philippine flag is flown is considered,
AND TO PROVIDE A MORE AUTONOMOUS GOVERNMENT FOR THOSE ISLANDS.
territorio filipino. for this purpose, a part of Philippine
2. Los hijos de padre o madre territory.
filipinos, aunque hayan nacido fuera 2. Children of a Filipino father or
de filipinas. mother, even though they were born
3. Los extranjeros que hayan outside the Philippines.
obtenido carta de naturaleza. 3. Foreigners who have obtained the
PREAMBLE

Whereas it was never the intention of the people of United States in the incipiency of the war
withSpainto make it a war of conquest or for territorial aggrandizement; and

Whereas it is, as it has always been, the purpose of the people of the United States to withdraw their
sovereignty over Philippine Islands and to recognize their independence as soon as a stable government
can be established therein; and

Whereas for the speedy accomplishment of such purpose it is desirable to place in the hands of the
people of the Philippines as large a control of their domestic affairs as can be given them without, in the
meantime, impairing the exercise of the rights of sovereignty by the people of the United States, in order
that, by the use and exercise of popular franchise and governmental powers, they may be the better
prepared to fully assume the responsibilities and enjoy all the privileges of complete independence:
Therefore

Section 1.―The Philippines

Be it enacted by the Senate and House of Representatives the United States of America in Congress
assembled, That the provisions of this Act and the name “The Philippines” as used in this Act shall
apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace
concluded between the United States and Spain on the eleventh day of April, eighteen hundred and
ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands
embraced in the treaty between Spain and the United States concluded at Washington on the seventh day
of November, nineteen hundred.

Section 2.―Philippine Citizenship and Naturalization

That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April,
eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent
thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have
elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty
of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and
ninety-eight, and except such others as have since become citizens of some other country:Provided, That
the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition
of Philippine citizenship by those natives of the Philippine Islands who do not come within the
foregoing provisions, the natives of the insular possessions of the United States, and such other persons
residing in the Philippine Islands who are citizens of the United States, or who could become citizens of
the United States under the laws of the United States if residing therein.

Section 3.―Bill of Rights

(a) Due process and eminent domain.―That no law shall be enacted in said Islands which shall deprive
any person of life, liberty, or property without due process of law, or deny to any person therein the
equal protection of the laws. Private property shall not be taken for public use without just
compensation.
(b) Rights of persons accused of crime.―That in all criminal prosecutions the accused shall enjoy the
right to be heard by himself and counsel, to demand 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
compel the attendance of witnesses in his behalf.

That no person shall be held to answer for a criminal offense without due process of law; and no person
for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any
criminal case to be a witness against himself.

That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses.

(c) Obligation of contracts.―That no law impairing the obligation of contracts shall be enacted.

(d) Imprisonment for debt.―That no person shall be imprisoned for debt.

(e) Suspension of habeas corpus.―That the privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it,
in either of which event the same may be suspended by the President, or by the Governor-General,
wherever during such period the necessity for such suspension shall exist.

(f) Ex post facto laws, primogeniture, titles of nobility.―That no ex post facto law or bill of attainder
shall be enacted nor shall the law of primogeniture ever be in force in the Philippines.

That no law granting a title of nobility shall be enacted, and no person holding any office of profit or
trust in said Islands shall, without the consent of the Congress of the United States, accept any present,
emolument, office, or title of any kind whatever from any king, queen, prince, or foreign state

(g) Bail and punishment.―That excessive bail shall not required, nor excessive fines imposed, nor cruel
and unusual punishment inflicted.

(h) Unreasonable searches.―That the right to be secured against unreasonable searches and seizures
shall not be violated.

(i) Slavery.―That slavery shall not exist in saidIslands; nor shall involuntary servitude exist therein
except as a punishment for crime whereof the party shall have been duly convicted.

(j) Freedom of speech.―That 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 grievances.

(k) Freedom of religion.―That no law shall be made respecting an establishment of religion or


prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed; and no religious test shall be
required for the exercise of civil or political rights. 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 as such.
(l) Poligamy.―Contracting of polygamous or plural marriages hereafter is prohibited. That no law shall
be construed to permit polygamous or plural marriages.

(m) How public funds to be spent.―That no money shall be paid out of the treasury except in pursuance
of an appropriation by law.

(n) Uniform tax.―That the rule of taxation in saidIslands shall be uniform.

(o) Subject and title of bills.―That no bill which may be enacted into law shall embrace more than one
subject, and that subject shall be expressed in the title of the bill.

(p) Warrants of arrest.―That no warrant shall issue but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched and the person or things to be seized

(q) Special funds.―That all money collected on any tax levied or assessed for a special purpose shall be
treated as a special fund in the treasury and paid out for such purpose only.

Section 4.―Expenses of Government

That all expenses that may be incurred on account of the Government of the Philippines for salaries of
officials and the conduct of their offices and departments, and all expenses and obligations contracted
for the internal improvement or development of the Islands, not, however, including defenses, barracks,
and other works undertaken by the United States, shall except as otherwise specifically provided by the
Congress, be paid by the Government of the Philippines.

Section 5.―Inapplicability of American Statutes

That the statutory laws of the United States hereafter enacted shall not apply to the Philippine Islands,
except when specifically so provided, or it is so provided in this Act.

Section 6.―Continuance of Philippine Laws

That the laws now in the Philippines shall continue in force and effect, except as altered, amended, or
modified herein, until altered, amended, or repealed by the legislative authority herein provided or by act
of Congress of the United States.

Section 7.―Legislative Power to Change Laws

That the legislative authority herein provided shall have power, when not inconsistent with this act, by
due enactment to amend, alter, modify, or repeal any law, civil or criminal continued in force by this Act
as it may from time to time see fit.

This power shall specifically extend with the limitation herein provided as to the tariff to all laws
relating to revenue and taxation in effect in the Philippines.

Section 8.―General Legislative Power


That general legislative power, except as otherwise herein provided, is hereby granted to the Philippine
legislature, authorized by this Act.

Section 9.―Public Property and Legislation on Public Domain, Timber and Mining

That all the property and rights which may have been acquired in the Philippine Islands by the United
States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight,
except such land or other property as has been or shall be designated by the President of the United
States for military and other reservations of the Government of the United States, and all lands which
may have been subsequently acquired by the Government of the Philippine Islands by purchase under
the provisions of sections sixty-three and sixty-four of the Act of Congress approved July first, nineteen
hundred and two, except such as may have heretofore been sold and disposed of in accordance with the
provisions of said act of Congress, are hereby placed under the control of the government of said Islands
to be administered or disposed of for the benefit of the inhabitants thereof, and the Philippine
Legislature shall have power to legislate with respect to all such matters as it may deem advisable; but
acts of the Philippine Legislature with reference to land of the public domain, timber, and mining
hereafter enacted, shall not have the force of law until approved by the President of the United
States: Provided, That upon the approval of such an act by the Governor-General, it shall be by him
forthwith transmitted to the President of the United States, and he shall approve or disapprove the same
within six months from and after its enactment and submission for his approval, and if not disapproved
within such time it shall become a law the same as if it had been specifically approved: Provided,
further, That where lands in the Philippine Islands have been or may be reserved for any public purpose
of the United States, and, being no longer required for the purpose for which reserved, have been or may
be, by order of the President, placed under the control of the government of said Islands to be
administered for the benefit of the inhabitants thereof, the order of the President shall be regarded as
effectual to give the government of said Islands full control and power to administer and dispose of such
lands for the benefit of the inhabitants of said Islands.

Section 10.―Laws on Tariff, Immigration and Coinage

That while this Act provides that the Philippine Government shall have the authority to enact a tariff law
the trade relations between the Islands and the United States shall continue to be governed exclusively
by laws of the Congress of the United States: Provided, That tariff acts or acts amendatory to the tariff
of the Philippine Islands shall not become law until they shall receive the approval of the President of
the United States, nor shall any act of the Philippine Legislature affecting immigration or the currency or
coinage laws of the Philippines become a law until it has been approved by the President of the United
States: Provided, further, That the President shall approve or disapprove any act mentioned in the
foregoing proviso within six months from and after its enactment and submission for his approval, and if
not disapproved within such time it shall become a law the same as if it had been specifically approved.

Section 11.―Taxes and Public Debts

That no export duties shall be levied or collected on, exports from the Philippine Islands, but taxes and
assessments on property, and license fees for franchises and privileges, and internal taxes, direct or
indirect, may be imposed for the purposes of the Philippine Government and the provincial and
municipal governments thereof, respectively, as may be provided and defined by acts of the Philippine
Legislature, and, where necessary to anticipate taxes and revenues, bonds and other obligations may be
issued by the Philippine Government or any provincial or municipal government therein, as may be
provided by law and to protect the public credit: Provided, however, That the entire indebtedness of the
Philippine Government created by the authority conferred therein shall not exceed at any one time the
sum of $15,000,000, exclusive of those obligations known as friar land bonds, nor that of any province
or municipality a sum in excess of seven per centum of the aggregate tax valuation of its property at any
one time.

Section 12.―The Philippine Legislature

That general legislative powers in the Philippines, except as herein otherwise provided, shall be vested
in a Legislature which shall consist of two houses, one the Senate and the other the House of
Representatives, and the two houses shall be designated “the Philippine Legislature”: Provided, That
until the Philippine Legislature as herein provided shall have been organized the existing Philippine
Legislature shall have all legislative authority herein granted to the Government of the Philippine
Islands, except such as may now be within the exclusive jurisdiction of the Philippine Commission,
which is so continued until the organization of the Legislature herein provided for the Philippines. When
the Philippine Legislature shall have been organized, the exclusive legislative jurisdiction and authority
exercised by the Philippine Commission shall thereafter be exercised by the Philippine Legislature.

Section 13.―Election and Qualification of Senators

That the members of the Senate of the Philippines, except as herein provided, shall be elected for terms
of six and three years, as hereinafter provided, by the qualified electors of the Philippines. Each of the
senatorial districts defined as hereinafter provided shall have the right to elect two senators. No person
shall be an elective member of the Senate of the Philippines who is not a qualified elector and over thirty
years of age, and who is not able to read and write either the Spanish or English language, and who has
not been a resident of the Philippines for at least two consecutive years and an actual resident of the
senatorial district from which chosen for a period of at least one year immediately prior to his election.

Section 14.―Election and Qualifications of Representatives

That the members of the House of Representatives shall, except as herein provided, be elected
triennially by the qualified electors of the Philippines. Each of the representative districts hereinafter
provided for shall have the right to elect one representative. No person shall be an elective member of
the House of Representatives who is not a qualified elector and over twenty-five years of age, and who
is not able to read and write either the Spanish or English language, and who has not been an actual
resident of the district from which elected for at least one year immediately prior to his
election: Provided,That the members of the present Assembly elected on the first Tuesday in June,
nineteen hundred and sixteen, shall be the members of the House of Representatives from their
respective districts for the term expiring in nineteen hundred and nineteen.

Section 15.―Qualifications of Voters

That at the first election held pursuant to this Act, the qualified electors shall be those having the
qualifications of voters under the present law; thereafter and until otherwise provided by the Philippine
Legislature herein provided for the qualifications of voters for senators and representatives in the
Philippines and all officers elected by the people shall be as follows:

Every male person who is not a citizen or subject of a foreign power twenty-one years of age or over
(except insane and feeble-minded persons and those convicted in a court of competent jurisdiction of an
infamous offense since the thirteenth day of August, eighteen hundred and ninety-eight) who shall have
been a resident of the Philippines for one year and of the municipality in which he shall offer to vote for
six months next preceding the day of voting, and who is comprised within one of the following classes:

(a) Those who under existing law are legal voters and have exercised the right of suffrage.

(b) Those who own real property to the value of 500 pesos, or who annually pay 30 pesos or more of the
established taxes.

(c) Those who are able to read and write either Spanish, English, or a native language.

Section 16.―Senate and Representative Districts, and Appointive Senators and Representatives

That the Philippine Islands shall be divided into twelve senate districts, as follows:

First district: Batanes, Cagayan, Isabela, Ilocos Norte, and Ilocos Sur.

Second district: La Union, Pangasinan, and Zambales.

Third district: Tarlac, Nueva Ecija, Pampanga, and Bulacan.

Fourth district: Bataan, Rizal, Manila, and Laguna.

Fifth district: Batangas, Mindoro, Tayabas, and Cavite.

Sixth district: Sorsogon, Albay, and Ambos Camarines.

Seventh district: Iloilo and Capiz.

Eight district: Negros Occidental, Negros Oriental, Antique, and Palawan.

Ninth district: Leyte and Samar.

Tenth district: Cebu.

Eleventh district: Surigao, Misamis, and Bohol.

Twelfth district: The Mountain Province, Baguio, Nueva Vizcaya, and the Department of Mindanao and
Sulu.
The representative districts shall be the eighty-one now provided by law, and three in the Mountain
Province, one in Nueva Vizcaya, and five in the Department of Mindanao and Sulu.

The first election under the provisions of this Act shall be held on the first Tuesday of October, nineteen
hundred and sixteen, unless the Governor-General in his discretion shall fix another date not earlier than
thirty nor later than sixty days after the passage of this Act: Provided, That the Governor-General’s
proclamation shall be published at least thirty days prior to the date fixed for the election, and there shall
be chosen at such election one senator from each senate district for a term of three years and one for six
years. Thereafter one senator from each district shall be elected from each senate district for a term of
six years: Provided, That the Governor-General of the Philippine Islands shall appoint, without the
consent of the Senate and without restriction as to residence, senators and representatives who will, in
his opinion, best represent the senate district and those representative districts which may be included in
the territory not now represented in the Philippine Assembly: Provided further, That thereafter elections
shall be held only on such days and under such regulations as to ballots, voting, and qualifications of
electors as may be prescribed by the Philippine Legislature, to which is hereby given authority to
redistrict the Philippine Islands and modify, amend, or repeal any provision of this section, except such
as refer to appointive senators and representatives.

Section 17.―Tenure of Senators and Representatives

That the terms of office of elective senators and representatives shall be six and three years, respectively,
and shall begin on the date of their election. In case of vacancy among the elective members of the
Senate or in the House of Representatives, special elections may be held in the districts wherein such
vacancy occurred under such regulations as may be prescribed by law, but senators or representatives
elected in such cases shall hold office only for the unexpired portion of the term wherein the vacancy
occurred. Senators and representatives appointed by the Governor-General shall hold office until
removed by the Governor-General.

Section 18.―Organization of the Legislature and Privileges of Members

(a) Control of each house over its members and proceedings.―That the Senate and House of
Representatives, respectively, shall be the sole judges of the elections, returns, and qualifications of their
elective members, and each house may determine the rules of its proceedings, punish its members for
disorderly behavior, and, with the concurrence of two-thirds, expel an elective member.

(b) Organization, quorum, and sessions.―Both houses shall convene at the capital on the sixteenth day
of October next following the election and organize by the election of a speaker or a presiding officer, a
clerk, and a sergeant-at-arms for each house, and such other officers and assistants as may be required.
A majority of each house shall constitute a quorum to do business, but a smaller number may meet,
adjourn from day to day, and compel the attendance of absent members. The Legislature shall hold
annual sessions, commencing on the sixteenth day of October, or, if the sixteenth day of October be a
legal holiday, then on the first day following which is not a legal holiday, in each year. The Legislature
may be called in special session at any time by the Governor-General for general legislation, or for
action on such specific subjects as he may designate. No special session shall continue longer than thirty
days, and no regular shall continue longer than one hundred days, exclusive of Sundays.
The Legislature is hereby given the power and authority to change the date of the commencement of its
annual sessions.2

(c) Compensation and privileges of members.―The senators and representatives shall receive an annual
compensation for their services, to be ascertained by law, and paid out of the treasury of the Philippine
Islands. The senators and representatives shall, in all cases except treason, felony, and breach of the
peace, be privileged from arrest during their attendance at the session of their respective houses and in
going to and returning from the same; and for any speech or debate in either house they shall not be
questioned in any other place.

(d) Disqualifications of members.―No senator or representative shall, during the time for which he may
have been elected, be eligible to any office the election to which is vested in the Legislature, nor shall be
appointed to any office of trust or profit which shall have been created or the emoluments of which shall
have been increased during such term.

Section 19. ― Procedure for Law-Making

(a) Legislative journal and the veto power.―That each house of the Legislature shall keep a journal of
its proceedings and, from time to time, publish the same; and the yeas and nays of the members of either
house, on any question, shall, upon demand of one-fifth of those present, be entered on the journal, and
every bill and joint resolution which shall have passed both houses shall, before it becomes a law, be
presented to the Governor-General. If he approve the same, he shall sign it; but if not, he shall return it
with his objections to that house in which it shall have originated, which shall enter the objections at
large on its journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members
elected to that house shall agree to pass the same, 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 elected to that house it shall be sent to the Governor-General, who, in case he shall then not
approve, shall transmit the same to the President of the United States. The vote of each house shall be by
the yeas and nays, and the names of the members voting for and against shall be entered on the journal.
If the President of the United States approve the same, he shall sign it and it shall become a law. If he
shall not approve the same, he shall return it to the Governor-General, so stating, and it shall not become
a law:Provided, That if any bill or joint resolution shall not be returned by the Governor-General 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 Legislature by adjournment
prevent its return, in which case it shall become a law unless vetoed by the Governor-General within
thirty days after adjournment: Provided, further, That the President of the United States shall approve or
disapprove an act submitted to him under the provisions of this section within six months from and after
its enactment and submission for its approval; and if not approved within such time, it shall become a
law the same as if it had been specifically approved.

(b) The veto on appropriations.―The Governor-General 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. The item or items objected to shall not take effect except in the manner heretofore provided in
this section as to bills and joint resolutions returned to the Legislature without his approval.
(c) Report of laws to Congress.―All laws enacted by the Philippine Legislature shall be reported to the
Congress of the United States, which hereby reserves the power and authority to annul the same.

(d) Revisal of former appropriations.―If at the termination of any fiscal year the appropriations
necessary for the support of Government for the ensuing fiscal year shall not have been made, the
several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so
far as the same may be done, shall be deemed to be reappropriated for the several objects and purposes
specified in said last appropriation bill; and until the Legislature shall act in such behalf the treasurer
shall, when so directed by the Governor-General, make the payments necessary for the purposes
aforesaid.

Section 20.―The Resident Commissioners

(a) Selection and tenure.―That at the first meeting of the Philippine Legislature created by this Act and
triennially thereafter there shall be chosen by the Legislature two Resident Commissioners to the United
States, who shall hold their office for a term of three years beginning with the fourth day of March
following their election, and who shall be entitled to an official recognition as such by all Departments
upon presentation to the President of a certificate of election by the Governor-General of said Islands.

(b) Compensation.―Each of said Resident Commissioners shall, in addition to the salary and the sum in
lieu of mileage now allowed by law, be allowed the same sum for stationery and for the pay of necessary
clerk hires as is now allowed to the members of the House of Representatives of the United States, to be
paid out of the Treasury of the United States, and the franking privilege allowed by law to members of
Congress.

(c) Qualifications.―No person shall be eligible to election as Resident Commissioner who is not a bona
fide elector of said Islands and who does not owe allegiance to the United States and who is not more
than thirty years of age and who does not read and write the English language. The present two Resident
Commissioners shall hold office until the fourth of March, nineteen hundred and seventeen.

(d) Temporary vacancy.―In case of vacancy in the position of Resident Commissioner caused by


resignation or otherwise, the Governor-General may make temporary appointments until the next
meeting of the Philippine Legislature, which shall then fill such vacancy; but the Resident
Commissioner thus elected shall hold office only for the unexpired portion of the term wherein the
vacancy occurred.

Section 21.―The Governor-General

(a) Title, appointment, residence.―That the supreme executive power shall be vested in an executive
officer, whose official title shall be “The Governor-General of the Philippine Islands.” He shall be
appointed by the President, by and with the advice and consent of the Senate of the United States, and
hold his office at the pleasure of the President and until his successor is chosen and qualified. The
Governor-General shall reside in the Philippine Islands during his official incumbency, and maintain his
office at the seat of Government.
(b) Powers and duties.―He shall, unless otherwise herein provided, appoint, by and with the consent of
the Philippine Senate, such officers as may now be appointed by the Governor-General, or such as he is
authorized by this Act to appoint, or whom may hereafter be authorized by law to appoint; but
appointments made while the Senate is not in session shall be effective either until disapproval or until
the next adjournment of the Senate. He shall have general supervision and control of all of the
departments and bureaus of the Government in the Philippine Islands as far as is not inconsistent with
the provisions of this Act, and shall be commander in chief of all locally created armed forces and
militia. He is hereby vested with the exclusive power to grant pardons and reprieves and remit fines and
forfeitures, and may veto any legislation enacted as herein provided. He shall submit within ten days of
the opening of each regular session of the Philippine Legislature a budget of receipts and expenditures,
which shall be the basis of the annual appropriation bill. He shall commission all officers that he may be
authorized to appoint. He shall be responsible for the faithful execution of the laws of the Philippine
Islands of the United States operative within the Philippine Islands, and whenever it becomes necessary
he may call upon the commanders of the military and naval forces of the United States in the Islands, or
summon the posse comitatus, or call out the militia or other locally created armed forces, to prevent or
suppress lawless violence, invasion, insurrection, or rebellion; and he may, in case of rebellion or
invasion, or imminent danger thereof, when the public safety requires it, suspend the privileges of the
writ of habeas corpus, or place the Islands, or any part thereof, under martial law:Provided, That
whenever the Governor-General shall exercise his authority, he shall at once notify the President of the
United States thereof, together with the attending facts and circumstances and the President shall have
power to modify or vacate the act of the Governor-General.

(c) Report of the Governor-General.―He shall annually and at such other times as he may be required
make such official report of the transactions of the Government of the Philippine Islands to an executive
department of the United States to be designated by the President, and his said annual report shall be
transmitted to the Congress of the United States; and he shall perform such additional duties and
functions as may in pursuance of the law be delegated or assigned to him by the President.

Section 22.―The Executive Departments and the Legislature

(a) Temporary continuance of executive heads.―That, except as provided otherwise in this Act, the
executive departments of the Philippine Government shall continue as now authorized by law until
otherwise provided by the Philippine Legislature. When the Philippine Legislature herein provided shall
convene and organize, the Philippine Commission, as such, shall cease and determine, and the members
thereof shall vacate their offices as members of said Commission: Provided, That the heads of executive
departments shall continue to exercise their executive functions until the heads of departments provided
by the Philippine Legislature pursuant to the provisions of this Act are appointed and qualified.

(b) Legislative powers over the departments, and limitations of such.―The Philippine Legislature may
thereafter by appropriate legislation increase the number or abolish any of the executive departments, or
make such changes in the names and duties thereof as it may see fit, and shall provide for the
appointment and removal of the heads of the executive departments by the Governor-
General: Provided, That all executive functions of the Government must be directly under the Governor-
General or within one of the executive departments under the supervision and control of the Governor-
General
(c) Provisions for a bureau for non-Christians.―There is hereby established a bureau, to be known as
the Bureau of Non-Christian Tribes, which said bureau shall be embraced in one of the executive
departments to be designated by the Governor-General, and shall have general supervision over the
public affairs of the inhabitants of the territory represented in the Legislature by appointive senators and
representatives.

Section 23.―The Vice-Governor

(a) Appointment and powers; Bureaus of Education and Health.―That there shall be appointed by the
President, by and with the advice and consent of the Senate of the United States, a Vice-Governor of the
Philippine Islands, who shall have all the powers of the Governor-General in the case in the of a vacancy
or temporary removal, resignation, or disability of the Governor-General, or in case of his temporary
absence; and the said Vice-Governor shall be the head of the executive department, known as the
Department of Public Instruction, which shall include the Bureau of Education and the Bureau of
Health, and he may be assigned such other executive duties as the Governor-General may designate.

(b) Bureaus under the Department of the Interior.―Other bureaus now included in the Department of
Public Instruction shall, until otherwise provided by the Philippine Legislature, be included in the
Department of the Interior.

(c) Succession to the office of Governor-General.―The President may designate the head of an


executive department of the Philippine government to act as Governor-General in the case of a vacancy,
the temporary removal, resignation, or disability of the Governor-General and the Vice-Governor, or
their temporary absence, and the head of the department thus designated shall exercise all the powers
and perform all the duties of the Governor-General during such vacancy, disability, or absence.

Section 24.―The Insular Auditor

(a) Appointment, powers, duties.―That there shall be appointed by the President an Auditor, who shall
examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source of
the Philippine Government and of the provincial and municipal governments of the Philippines,
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 perform a like duty with respect to all Government
branches.

He shall keep the general accounts of the Government and preserve the vouchers pertaining thereto.

It shall be the duty of the Auditor 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.

(b) Deputy Auditor and Assistant.―There shall be a Deputy Auditor appointed in the same manner as
the Auditor. The Deputy Auditor shall sign such official papers as the Auditor may designate and
perform such other duties as the Auditor may prescribe, and in case of the death, resignation, sickness,
or other absence of the Auditor from his office, from any cause, the Deputy Auditor shall have charge of
such office. In case of the absence from duty, from any cause, of both the Auditor and the Deputy
Auditor, the Governor-General may designate an assistant, who shall have charge of the office.

(c) Jurisdiction of Auditor.―The administrative jurisdiction of the Auditor over accounts, whether of


funds or property, and all vouchers and records pertaining thereto, shall be exclusive. With the approval
of the Governor-General he shall from time to time make and promulgate general or special rules and
regulations not inconsistent with law covering the method of accounting for public funds and property,
and funds and property held in trust by the Government or any of its branches:Provided, That any officer
accountable for public funds or property may require such additional reports or returns from his
subordinates or others as he may deem necessary for his own information and protection.

(d) Decisions of Auditor.―The decisions of the Auditor shall be final and conclusive upon the executive
branches of the Government, except that appeal therefrom may be taken by the party aggrieved or the
head of the department concerned within one year, in the manner hereinafter prescribed. The Auditor
shall, except as hereinafter provided, have like authority as that conferred by law upon the several
auditors of the United States and the Comptroller of the United States Treasury and is authorized to
communicate directly with any persons having claims before him for settlement, or with any department,
officer, or person having official relations with his office.

(e) Financial reports.―As soon after the close of each fiscal year as the accounts of said year may be
examined and adjusted the auditor shall submit to the Governor-General and the Secretary of War an
annual report of the fiscal concerns of the Government, showing the receipts and disbursements of the
various departments and bureaus of the Government and of the various provinces and municipalities,
and make such other reports as may be required of him by the Governor-General or the Secretary of
War.

(f) Right of investigation.―In the execution of their duties the Auditor and the Deputy Auditor are
authorized to summon witnesses, administer oaths, and to take evidence, and, in the pursuance of these
provisions, may issue subpoenas and enforce the attendance of witnesses, as now provided by law.

(g) Supervision.―The office of the Auditor shall be under the general supervision of the Governor-
General and shall consist of the Auditor and Deputy Auditor and such necessary assistants as may be
prescribed by law.

Section 25.―Appeal from Auditor’s Decision

(a) Time and form, of appeal.―That any person aggrieved by the action or decision of the Auditor in the
settlement of his account or claim may, within one year, take an appeal in writing to the Governor-
General, which appeal shall specifically set forth the particular action of the Auditor to which exception
is taken with the reason and authorities relied on for reversing such decision.

(b) Final decision.―If the Governor-General shall confirm the action of the Auditor, he shall so indorse
the appeal and transmit it to the Auditor, and the action shall thereupon be final and conclusive. Should
the Governor-General fail to sustain the action of the Auditor, he shall forthwith transmit his grounds of
disapproval to the Secretary of War, together with the appeal and the papers necessary to a proper
understanding of the matter. The decision of the Secretary of War in such case shall be final and
conclusive.

Section 26.―The Judiciary

(a) Jurisdiction of courts and appointment of judges.―That the Supreme Court and the Courts of First
Instance of the Philippine Islands shall possess and exercise jurisdiction as heretofore provided and such
additional jurisdiction as shall hereafter be prescribed by law. The municipal courts of said Islands shall
possess and exercise jurisdiction as now provided by law, subject in all matters to such alteration and
amendment as may be hereafter enacted by law; and the chief justice and associate justices of the
supreme court shall hereafter be appointed by the President, by and with the advice and consent of the
Senate of the United States. The judges of the court of first instance shall be appointed by the Governor-
General, by and with the advice and consent of the Philippine Senate: Provided, That the admiralty
jurisdiction of the supreme court and courts of first instance shall not be changed except by act of
Congress. That in all cases pending under the operation of existing laws, both criminal and civil, the
jurisdiction shall continue until final judgment and determination.

Section 27.―Cases Appealable to the United States Supreme Court

That the Supreme Court of the United States shall have jurisdiction to review, revise, reverse, modify, or
affirm the final judgments and decrees of the supreme court of the Philippine Islands in all actions,
cases, causes, and proceedings now pending therein or hereafter determined thereby in which the
Constitution or any statute, treaty, title, right or privilege of the United States is involved, or in causes in
which the value in controversy exceeds $25,000, or in which the title or possession of real estate
exceeding in value the sum of $25,000, to be ascertained by the oath of either party or of other
competent witnesses, is involved or brought in question; and such final judgments or decrees may and
can be reviewed, revised, modified, or affirmed by said Supreme Court of the United States on appeal or
writ of error by the party aggrieved within the same time, in the same manner, under the same
regulation, and by the same procedure, as far as applicable, as the final judgments and decrees of the
district courts of the United States.3

Section 28.―Franchises

(a) Scope of franchises and power to change them.―That the Government of the Philippine Islands may
grant franchises and rights, including the authority to exercise the right of eminent domain, for the
construction and operation of works of public utility and service, and may authorize said works to be
constructed and maintained over and across the public property of the United States, including streets,
highways, squares, and reservations, and over similar property of the Government of said Islands, and
may adopt rules and regulations under which the provincial and municipal governments of the Islands
may grant the right to use and occupy such public property belonging to said provinces or
municipalities:Provided, That no private property shall be damaged or taken for any purpose under this
section without just compensation, and that such authority to take and occupy land shall not authorize
the taking, use, or occupation of any land except such as is required for the actual necessary purposes for
which the franchise is granted, and that no franchise or right shall be granted to any individual, firm, or
corporation except under the conditions that it shall be subject to amendment, alteration, or repeal by the
Congress of the United States, and that lands or right of use and occupation of lands thus granted shall
revert to the governments by which they were respectively granted upon the termination of the
franchises and rights under which they were granted or upon the revocation or repeal.

(b) Conditions on grant of franchise, and revocation.―That all franchises or rights granted under this
Act shall forbid the issue of stock or bonds except in exchange for actual cash or for property at a fair
valuation equal to the par value of the stock or bonds so issued; shall forbid the declaring of stock or
bond dividends, and, in the case of public service corporations, shall provide for the effective regulation
of the charges thereof, for the official inspection and regulation of the books and accounts of such
corporations, and for the payment of a reasonable percentage of gross earnings into the treasury of the
Philippine Islands or of the province or municipality within which such franchises are granted and
exercised:Provided, further, That it shall be unlawful for any corporation organized under this Act, or
for any person, company, or corporation receiving any grant, franchise, or concession from the
Government of said Islands, to use, employ, or contract for the labor of persons held in involuntary
servitude; and any person, company, or corporation so violating the provisions of this Act shall forfeit
all charters, grants, or franchises for doing business in said Islands, in an action or proceeding brought
for that purpose in any court of competent jurisdiction by any officer of the Philippine Government, or
on the complaint of any citizen of the Philippines, under such regulations and rules as the Philippine
Legislature shall prescribe, and in addition shall be deemed guilty of an offense, and shall be punished
by a fine of not more than $10,000.

Section 29.―Salaries

(a) Funds for salaries.―That, except as in this Act otherwise provided, the salaries of all the officials of
the Philippines not appointed by the President, including deputies, assistants, and other employees, shall
be such and be so paid out of the revenues of the Philippines as shall from time to time be determined by
the Philippine Legislature; and if the Legislature shall fail to make an appropriation for such salaries, the
salaries so fixed shall be paid without the necessity of further appropriations therefor. The salaries of all
officers and all expenses of the offices of the various officials of the Philippines appointed as herein
provided by the President shall also be paid out of the revenues of the Philippines

(b) Salaries of certain officers.―The annual salaries of the following-named officials appointed by the
President and so to be paid shall be: The Governor-General, $18,000; in addition thereto he shall be
entitled to the occupancy of the buildings heretofore used by the chief executive of the Philippines, with
the furniture and effects therein, free of rental; Vice-Governor, $10,000; Chief Justice of the Supreme
Court, $8,000; Associate Justice of the Supreme Court, $7,500 each; Auditor, $6,000; Deputy Auditor,
$3,000.

Section 30.―Salaries of Municipal and Provincial Officers

That the provisions of the foregoing section shall not apply to provincial and municipal officials; their
salaries and the compensation of their deputies, assistants, and other help, as well as all other expenses
insured by the provinces and municipalities, shall be paid out of the provincial and municipal revenues
in such manner as the Philippine Legislature shall provide.

Section 31.―Continuance of Laws


That all laws or parts of laws applicable to the Philippines not in conflict with any of the provisions of
this Act are hereby continued in force and effect.

Approved, August 29, 1916

 TYDINGS-MCDUFFIE ACT OF 1934


News Summary, Philippine Magazine: April 18 – May 12, 1934
June 1, 1934
Tags: The President's Day, The President's Month in Review

News Summary
The Philippines

April 18.—Governor-General Frank Murphy announces that José Paez, general manager of the Manila
Railroad Company, will be named president of the Company to succeed the late Joseph E. Mills.

Brig.-Gen. Basilio J. Valdes takes the oath as Chief of Constabulary.

April 19.—The United States Senate passes the Jones-Costigan sugar control bill which now goes to a
joint committee. Sen. R. S. Copeland, after offering an amendment that fails to pass declares: “It is little
short of scandalous to discriminate against our colonial possessions. We don’t know how to handle
them. Our record is outrageous in our treatment of our islands. We have hauled down the flag in the
Island of Pines, mistreated the Philippines, and now propose to legislate against Hawaii and Puerto
Rico”. .

Resident Commissioner Pedro Guevara protests in the House of Representatives against “a series of
contemporary legislative events affecting the Philippines in a manner that should prove disturbing to the
conscience of America.”

A minority coalition of Nacionalistas and Democratas starts a movement for immediate independence in
view of the probable passage of adverse Congressional legislation, but majority leaders will make no
move at least for the present to ask for anymore than what the Tydings-McDuffie Act grants.

April 20.—R. G. Macleod, Superintendent of the Philippine School of Arts and Trades, retires after 30
years of service.

April 21.—L. L. McCandless, delegate from Hawaii, declares that the Jones-Costigan bill violates the
constitutional rights of Hawaii and is equivalent to “legislating the Territory out of the United States and
treating it as a possession or foreign country.”

April 22.—Senate President Manuel L. Quezon, en route to the Philippines, tells a Japanese audience
that the Philippines after independence “hopes to maintain ties of closest amity with the United States
forever for reasons of genuine friendship as well as gratitude”. He says that the Tydings-McDuffie Act
represents the fulfillment of American pledges and is “convincing proof of America’s desire to promote
the peace of the world”. Pressed by reporters to say whether the Philippines would recognize
Manchukuo, he replies that it is impossible to discuss policies of the Philippine Government before it is
formed.

Rep. Manuel Roxas, returning from the Bisayas, states that widespread unrest prevails in many
provinces as a result of the threatened passage of the retroactive Jones-Costigan bill and the coconut oil
excise tax, which has created a panic among planters and laborers and business circles in general.

April 23.—Reported that the War Department has ordered the Army Medical Research Board, with
headquarters in the Bureau of Science, to Panama. The Board was organized in 1922 and has done
important work here in the study of various tropical fevers, amoebic and bacillary dysentery, and beri-
beri.

The Robert Dollar Steamship Company announces that it has received information from the U. S.
Bureau of Immigration that Filipinos arriving in the United States after the acceptance of the Tydings-
McDuffie Act will be considered as coming under the quota provisions of that act which limit Philippine
immigration to 50 a year—not including officials, travelers, or students.

The Governor-General appoints Dr. Alejandro Albert, Under-Secretary of Public Instruction, acting
Commissioner of Health to succeed Brig.-Gen. Valdes, recently appointed Chief of Constabulary.

The Board of Regents of the University of the Philippines approves a greatly reduced budget for 1934-
35. Five professors, two associate professors, four assistant professors, and some thirty instructors and
assistants will be retired.

Maj.-Gen. Frank Parker, Commanding Officer of the Philippine Department, U. S. Army, returns to
Manila from a brief visit to Indo-China.

April 24.—News is received that President Franklin D. Roosevelt has approved the lumber code which
in effect restricts shipments of Philippine lumber to the United States to approximately 14,000,000 feet
for six months, a cut of about 10,000,000 feet from normal. The quotas established are for six months
and subject to later adjustment.

J. W. Haussermann, in an address before a veteran’s organization, declares that it will be the sacred duty
and obligation of Americans and the United States to help the Philippines maintain its independence
when established and the Western culture implanted here.

April 25.—Congress passes the Jones-Costigan sugar control bill.

Senate and House conferees agree to give the Philippines the benefit of a two-cent differential in the
proposed excise tax on coconut oil by reporting a bill carrying a three-cent tax on coconut oil from the
Philippines and a five-cent tax on oil from other areas. This would give the Philippines a virtual
monopoly, but it is stated that the increased price would lead to a radical reduction in the use of coconut
oil.

Theodore Roosevelt, former Governor-General, calls attention to the strategic position of the Philippines
and says that recent official statements of the Japanese bring the realization that the United States has
never properly considered the international political status of a free Philippines and has not thought of
the general international significance of recent Philippine legislation. “Americans have ignored the
dominating position of the Philippines in the trade routes of the world.”

Reported that neither Sen. M. E. Tydings nor Rep. John McDuffie may be able to go to the Philippines
shortly to investigate conditions there due to the illness of near relatives.

Reported that the Filipinos now en route to the United States may be temporarily admitted after May 1,
the date set for the acceptance of the Tydings-McDuffie Act.

The Governor-General protests against the retroactive provision in the Jones-Costigan sugar bill as this
would leave the Philippines with a large surplus and the industry would be forced to shut down entirely
for one season, creating very serious financial and social difficulties. He suggests that the quota years be
made coincident with the United States fiscal year which begins on July 1.

Announced that the malaria division of the Rockefeller Foundation, with headquarters in the Bureau of
Science, will be transferred to Calcutta. It is stated that the move has no political significance and that
the work of the division is about finished.

Quezon, speaking in Shanghai, predicts that the Commonwealth of the Philippines will be established
within a year and that there will be a Filipino chief executive by April, 1935. He admits that the
Philippines could not build up an armed force adequate to prevent invasion before 50 years. “We must
rely on world good will, especially of the United States and Far Eastern nations.” “The United States
had the opportunity to use the Philippines selfishly, but instead developed the country and gave it
freedom. Such altruism can not but affect the entire world.”

April 26.—Reported that the President will delay signing the sugar bill to consider complaints of the
Philippines, Hawaii, and Puerto Rico.

An editor is stabbed and athletes are assaulted in Tokyo by a gang of ultra-nationalists who object to
Japan’s taking part in the Far Eastern Olympic Games at Manila in view of the non-admission of
Manchukuo. Premier Saito tells the Cabinet that the Government approves Japan’s participation and is
helping to pay the expenses of the athletes.

April 28.—A rubber shoe factory is opened in Manila capable of producing 3,000 pairs of shoes a day.
The principal backer is said to be Tomas Geronimo, Manila business man, but Japanese technicians will
supervise the work and Japanese materials will be used.

April 29.—Guevara states that a United States protectorate over the projected Philippine Republic would
be preferable to neutralization which would confuse the status of the Islands and lead to international
complications.

The Governor-General announces the appointment of U. S. Trade Commissioner E. D. Hester as


resident economic adviser effective May 1. He has been given a year’s furlough by the Department of
Commerce. His place as trade commissioner will be taken by Carl Boehringer from the office of the
American Trade Commissioner at Singapore.
April 30.—Guevara in a letter to the President declares that the “acceptance of the Tydings-McDuffie
Act marks the beginning of the winding up or liquidation of our sugar industry as well as our other
tariff-protected industries. We shall be going out of business, closing shop, and going bankrupt. We do
not want to do this, but we are forced into it. . . . The Philippines has been comparatively silent,
overwhelmed by the impending blow to her sugar industry by both the Jones-Costigan measure and the
Tydings-McDuffie Act. By all the principles that are American and humanitarian, the Philippines is
entitled at this critical juncture to more than perfunctory treatment at the hands of the American
Government.” Tydings is reported as stating: “The Act is a far-reaching measure, necessarily involving
economic rearrangements and possibly hardships. We fervently desire to keep the hardships at a
minimum, to effect the transition so as to maintain the bonds of friendship. I congratulate the Filipinos
on this memorable day.”

The Tenth Philippine Independence Mission returns to Manila and is given a notable reception,
prominent minority leaders, however, being absent. Quezon states in an address on the Luneta that the
United States has fulfilled its solemn pledges, that the new law contains substantial amendments to the
defunct Hawes-Cutting Act, that there still remain “several objectionable features,” and that, while he is
“not prepared to make any promises that they will be amended”, the President of the United States has
said that “where imperfections or irregularities exist, I am confident they can be corrected after proper
hearing and in fairness to both peoples”. “I am sure that Congress is anxious to do us justice and, in
time, we have every reason to believe that Congress will do so provided we can convince it that we are
right”. “Let us not waste our time in useless political bickerings. . . . Never in our history have we been
confronted with a situation so hopeful, yet so arduous and difficult. . . . Let us not fool ourselves that
freedom and independence always carry with them happiness and prosperity and that once independent
we will be happy and prosperous without any effort on our part. How many peoples of other free nations
are now suffering from hunger, starvation, and abuses. Such nations are independent but they have not
known how to use their powers for the good of the people but only for the well being of the few.
Philippine independence which it is our privilege to achieve and our duty to pass on to our children and
our children’s children, imposes on us the sacred obligation of considering ways and means of assuring
the happiness and welfare of our people and their safety under the Republic to be organized. Of what
value would it be . . . to have the right to manage our own affairs, if such right lasts only for a few years,
if we can not pass it on to our posterity? Let us devote ourselves to a study of domestic and international
problems . . . consecrate ourselves to the service of our people. Above everything else, let us thank
Almighty God who at last has given us the opportunity of taking our place in the concert of free nations
and whose aid and guidance will be necessary to us now and forever more for the success of our
people.”

The Ninth Philippine Legislature opens in special session at 11:00 and Quezon after a brief conference
with majority leaders proceeds to Malacañang to pay his respects to the Governor-General.

At the afternoon session, opening at 4:00, Quezon and Senator Sergio Osmeña are both applauded as
they enter, as was former Speaker Manuel Roxas in the morning. The Governor-General upon entering
is given an ovation, and his address is frequently applauded. He declares: “You have been assembled
here today in special session to consider and take action on an Act of Congress whose object, according
to its title, is to provide for the complete independence of the Philippine Islands and for the adoption of a
constitution and a form of government. Upon my arrival at Manila on June 15th last, speaking of the Act
then under discussion, I announced a purpose to leave the question of its acceptance to the free and
uncontrolled choice of the Filipino people. That has been my undeviating policy and still is. This special
meeting of the Legislature during its closing weeks has been summoned only because of a desire to
provide time for adequate consideration and discussion of the measure that has been placed before you;
and in the event of an affirmative decision thereon, to facilitate the proper and deliberate exercise and
discharge of the very important rights, privileges, and duties created by that measure. It was also my
concern and purpose to prevent or minimize the risk of involuntary non-compliance with its provisions
and the unintentional forfeiture and lapse of the rights conferred through unexpected delay in the
required legislative and administrative processes. . . . . Tomorrow marks another anniversary of the
memorable victory of the American naval forces in Manila Bay. That was an event of supreme
significance in the promise it contained for the political future of the Filipino people. That promise has
now been consummated in a manner that is probably without precedent in the colonial policies of great
nations by a formal enactment that confirms in unmistakable fashion the noble and unselfish purposes of
the American people in establishing their sovereignty over these Islands. America has given proof to the
world by practical demonstration that altruism may be not merely an ideal but a reality in the foreign
policy of a great nation. The recent and prevailing economic disturbance in the United States, far more
serious than anything we have experienced here, has brought to the fore an apparent conflict of interest
between certain economic groups in that country and the more important Philippine industries. This has
given rise, perhaps quite naturally, to a certain degree of confusion and doubt with respect to the real
motives that have inspired and made possible this action of the American Government. The coincidence
of recent protective aims and measures with the initiation of the final steps in the brilliant and glorious
campaign of Philippine development and liberation should not be permitted to cloud our perspective. If
economic factors have entered and played a part in the framing and adoption of the final act of
liberation, this and the preparatory work that preceded it have been fundamentally conditioned and
sustained and inspired by the political idealism and altruism of the American people. The eventual
freedom and independence of the Philippines have been a definite ideal of our people for more than a
generation. . . . In these troublous days since the World War, when other men and other nations have
turned their minds away from the great principles of democracy and self-government, America has
remained steadfast to those principles. She has kept the faith for herself and for others. The Philippines,
if they choose to accept this measure, will eventually have achieved freedom and independence, and the
priceless assurances of individual liberty and democracy provided therein, without bloodshed or
burdensome expenditure, not through the workings of selfish economic forces as some believe, but
because it is the profound conviction of the plain people of America that other peoples have the same
moral right to these things that they once claimed and dearly won for themselves.” The Governor-
General next pays a tribute to the men who have sponsored the cause of Philippine independence in
Congress, “to the able efforts of Secretary of War Dern, and to President Roosevelt for his powerful and
effective leadership at the final moment and his staunch support of Philippine interests generally;” also
to the Americans of an earlier day, both civil and military, who “labored valiantly and wholeheartedly in
making the country ready for the day when freedom should strike” and to “those Filipino patriots who
have fought and suffered and died to realize that which may now be attained”, and to “the
representatives of the Philippine Government and this Legislature who have given able and
distinguished advocacy to their country’s cause.” “The ultimate decision on the question before us, as
we all know, must be made by the Filipino people when they pass on the work of a constitutional
assembly convened in accordance with the law. Such a decision must be based on truth and
understanding. It is preeminently a time for candor and tolerance, for frank and fair speech without fear
or intimidation. It is equally a time for courage and faith, faith in self, faith in our fellow men, faith in
country. In the days to come there-should be no divisions or enmities based on differences of race, or
birth, or creed or color. This country will have need of all loyal men and women. . . . With charity in our
hearts, with good will and tolerance for all, with serene confidence in the Divine Providence that insures
our destiny, let us boldly choose our course and follow it with unwavering loyalty.”

After the Governor-General’s message, Quezon reads a brief report of the achievements of the
Independence Mission, stating that when he found that neither his own recommendations or the King
bill had any chance of approval, he expressed his willingness to support a bill that “would eliminate the
military reservation clause from the defunct Hawes-Cutting law and grant complete independence to the
Philippine Islands, the question of naval bases to be left to future negotiations between the Government
of the United States and the future Philippine Republic. It was also understood that under this proposal
the provisions of the Hawes-Cutting law which had been objected to by the Legislature would later be
considered by a committee that will conduct hearings thereon in the Philippine Islands. The chairman of
the delegation declared frankly that he would only give his support to such a bill, however, if the
majority of the delegates and the leaders and members of the majority in the Legislature would give him
the authority. All the members of the delegation, excepting the Hon. Isauro Gabaldon, and the majority
leaders and members of the Legislature present in Manila gave their necessary consent to this plan.
Senator Tydings on his part secured the endorsement of the plan from the members of the Ninth
Legislative Mission. . . . The delegation recommends that the law be accepted by this Legislature.” The
report is signed by Manuel L. Quezon, Elpidio Quirino, and Isauro Gabaldon.

In reply to the Quezon plea for national unity, Osmeña issues a statement saying that he has “always
advocated concerted national action and therefore favors efforts directed toward the promotion of the
supreme interests of the nation”.

At a popular banquet given in the evening, Quezon states that among the major problems to be faced are
the economic in the solution of which capital will play a large part. He declares the Filipinos should give
all encouragement possible to both outside and domestic capital and that proper guarantees should be
given for its protection. Veterans of the revolution, industrial and labor leaders, women leaders, and
sugar men pledge their support, although all give evidence that they expect serious consequences to
follow the acceptance of the Tydings-McDuffie Act. Quezon states again that he expects improvement
of the economic provisions laid down in the Act.

Rafael Alunan, president of the Philippine Sugar Association, who returns with the Mission, declares
that the “bitter feeling” in the United States against Philippine products is largely the result of a well-
financed campaign waged by American interests in Cuba which “our people have failed to counteract;
we have neglected to inform the American people of the real significance and importance of Philippine-
American trade relations.” He states that we should take immediate action toward forming a more
favorable opinion in the United States with regard to trade relations which should be maintained even
after independence.

Alexander Hume Ford, director of the Pan-Pacific Union, arriving with the Mission, states that there is
likelihood that twenty years from now either the American flag or the Japanese flag will be flying over
the Islands. He says that no country in the world really recognizes the neutrality of other countries.
The Philippine Chamber of Commerce cables Washington that the two-cent coconut oil tax differential
would be of little advantage as the greatly increased price of oil would result in the curtailment of its
use.

Fourteen Philippine Scouts, U. S. Army, are retired after thirty years service, a regimental parade being
held in their honor.

May 1.—The Philippine Legislature unanimously accepts the Tydings-McDuffie Act at 11:10 A. M.,
coincident with the thirty-sixth anniversary of the Battle of Manila Bay. The resolution of acceptance
reads in part: “. . . .Whereas, although the Philippine Legislature believes that certain provisions of said
Act need further consideration, the said Legislature deems it as its duty to accept the proffer of
independence thus made by the Government of the United States: (a) Because the Filipino people can
not, consistent with its national dignity and love of freedom, decline to accept the independence the said
Act grants; (b) And because the President of the United States in his message to Congress on March
2nd, 1934, recommending the enactment of said law, stated: ‘I do not believe that other provisions of the
original law need be changed at this time; where imperfections and inequalities exist, I am confident that
they can be corrected after proper hearing and in fairness to both people”—a statement which gives the
Filipino people reasonable assurance of further hearing and due consideration of their views; Now,
therefore, be it Resolved by the House of Representatives, the Philippine Senate concurring, That Public
Act Numbered One hundred twenty-seven of the Seventy-Third Congress of the United States, entitled
“An act to provide for the complete independence of the Philippine Islands, to provide for the adoption
of a constitution and a form of government for the Philippine Islands, and for other purposes”,
commonly known as the McDuffie-Tydings Law, be, as it is hereby, accepted by the Philippine
Legislature in accordance with the provisions of Section 17 thereof; Resolved, further, that the
Philippine Legislature, in its own behalf and in behalf of the Filipino people, express, as it does hereby
express, its appreciation and everlasting gratitude to the President and Congress of the United States and
the American people.”

After the acceptance of the law, Quezon speaks in part as follows: “I rise in behalf of a grateful
nation. . . . We see in this law the fruition of American altruism. . . . The act is the crowning glory of
America’s work in the Philippines, started with the highest motives, carried forward by high-minded and
unselfish men, and now about to reach its culmination in that same altruistic spirit which inspired it at its
inception. . . . With the acceptance of the Tydings-McDuffie Act we have taken one more step forward
in our onward march to the realization of our national ideal. . . . In this solemn moment, let there be no
exultation of victory. Let it be a moment of consecration. Let us not forget our heroes who died to insure
for us the blessings of freedom. To them, as well as to General Aguinaldo . . . to the other surviving
veterans of our glorious revolution, to President McKinley who instituted a liberal policy here, to
President Wilson during whose administration the Jones Act was enacted, to President Franklin Delano
Roosevelt, to all the senators and representatives who have taken special interest in the cause of
Philippine independence, to the Congress of the United States, and finally, to all those who helped in
building up this country to what it is today, the undying gratitude of the Filipino people.”

Osmeña being called upon to speak, speaks in Spanish, saying in part: “Certainly this is a solemn
occasion. The cause which has made us assemble is grave and serious. We Filipinos are deeply grateful
for the generous action taken by the Congress in giving us the opportunity to be independent. We
members of the present Legislature have cause to be proud of having been the instruments of Providence
in that we have been allowed to take charge temporarily of the affairs of our government in this
memorable epoch; but we would not be just if we were to claim for ourselves all the credit of the great
task that has just been achieved. In truth, this work of emancipation and liberty is of such magnitude, its
process has been so long and difficult, that no man or group of men of our country has any right to claim
that it is exclusively his or its own. . . . It is gratifying to see that the constitutional representatives of our
people have been enabled to express in the most solemn manner their acceptance of independence
offered us by America without division of any kind. . . With the acceptance of the proffer of
independence reiterated in the Tydings-McDuffie Act and originally embodied in the Hawes-Cutting-
Hare Act, which the Tydings-McDuffie Act revived and extended, we shall witness the resurgence in the
Far East of a new tree of freedom, a strong offshoot of the great tree planted by George Washington. Let
us strew at this supreme hour of new and tremendous responsibilities on the tombs of so many unknown
heroes of war and peace the flowers of our love and gratitude for all who worked and fought before our
time, and let us also offer our most sincere gratitude to the American people who, if thirty-six years ago
they were great in victory, are greater in this hour of peace, justice, and magnanimity for having
solemnly fulfilled the pledge that they came and occupied these Islands not to exploit and enslave them,
but to free them.”

In the morning, Roxas delivered an address on the Act in part as follows: “No one can speak on the
resolution now before us without being burdened by feelings of the deepest concern. . . . We must
answer in behalf of our people whether or not we shall accept national liberty under the terms and
conditions the Independence Act provides. . . . We can not fail to realize that an uncertain fate awaits our
country whether we accept the law or not. The whole world is in a turmoil, humanity is in upheaval, and
all nations are looking forward cautiously. . . . Long after we who sit in this chamber have turned to
dust, our children will read in history of these solemn hours and the words we utter will be judged by
them. . . In the midsts of our perplexities we can draw comfort from the fact that there is practical
unanimity among our people and their representatives concerning the action we should take. We shall
attest to it by our votes on the pending resolution. This will prove there is unity in our national purposes.
It will show that our aim is the same. We want independence. By the passage of this resolution we will
have the right immediately to take the steps leading to that goal. This is the road we will follow and I
trust we will follow it with undaunted faith, relying fully on ourselves and on our own capabilities. From
that course there must be, there will be no turning back. I will vote for the acceptance of the
Independence Act. Those of us who advocated the acceptance of the Hawes-Cutting Law are impelled at
once by consistency and profound conviction to take this stand. . . . We find the expanding horizon that
unfolds before our eyes darkened by the intricate problems of readjustment and reconstruction that
immediately will confront us. We will be beset by many difficulties. Let us have no illusions about the
matter; we will have to face innumerable trials that will test to the limit the solidarity of our people, our
self-discipline, and our capacity for determined, purposeful action. We shall need stoutness of heart,
serenity of spirit, and the best statesmanship we can command. . . .”

Guevara confirms to the House the acceptance of the Tydings-McDuffie Act in Manila and expresses
“our profound gratitude for this new grant. It will establish everlasting friendship and cordial
understanding between the United States and the Philippines.”

McDuffie states that the proposed excise tax on Philippine oil is “a breach of faith on the part of the
parent government” and that it places the President in an embarrassing position. Guevara states: “This
tax offsets the benevolent and altruistic aims of the American people in their desire to create a new
nation in the Far East.”

May 2.—President Roosevelt and Secretary of War Dern cable their congratulations to the Filipino
people through the Governor-General. The President characterizes the acceptance of the Tydings-
McDuffie Act as an “expression of confidence in the people of the United States and in Congress on the
part of the Filipino people”. Dern states that “many vital adjustments in the economic relations between
the United States and the Philippines will be necessary during the pre-independence period and that the
United States Government is under the moral obligation to continue to cooperate so as to enable the
Filipinos to adjust their social and economic problems with a view to insuring the stability of their
institutions.” He declares the Act is practically a treaty between the United States and the Philippines
which must be faithfully observed by both.

Secretary of the Navy Claude Swanson says that the navy would not want any bases in the Philippines
which in the event of war would require an army to defend them, but only bases which the navy could
defend.” Asked whether it was the plan to abandon the Philippine bases in the event of war, he says: “It
might be, and again it might not”.

The Washington Post editorially throws doubt on the effectiveness of an international agreement to


guarantee the neutrality of an independent Philippines, pointing out that the integrity of China has been
similarly guaranteed for the last twelve years.

Henry B. Day, vice-consul at Honkong, is assigned to Manila to take charge of regulating Filipino
emigration to the United States. The Filipinos now en route will be allowed to enter and to remain at
least temporarily, it is announced.

May 3.—The Senate approves the revenue bill still containing the three-cent tax on Philippine coconut
oil. Tydings states this provision is unfair and dishonest and is an attempt “by some political farmers
here in Washington to tax one class of people under the American flag to help another class under the
same flag”.

A group of fifteen Japanese economists and business men arrive in the Philippines to study trade
opportunities.

Director Teopisto Guingona of the Bureau of Non-Christian Tribes states that in Bukidnon he “noticed
for the first time a great number of new Japanese stores established there. I do not know whether they
are there just for commercial purposes. Bukidnon is the key to the whole of Mindanao. Through
Bukidnon, access to any part or point of Mindanao is easy.”

Brig.-Gen. Basilio J. Valdes takes over command of the Constabulary. Lieut;-Col. Juan C. Quimbo,
superintendent of the Intelligence Division, is promoted to District Commander of the Visayas, and Maj.
Benito D. Valeriano is named head of intelligence. Col. Charles E. Livingstone is made Inspector
General. Maj. Victoriano Luna will take the place of General Valdes as Chief of the Medical Corps. The
new Chief of Staff is Col. Guillermo B. Francisco.
May 4.—Governor James Fugate of Sulu informs the deputy governors of the province of
correspondence that has passed between Director Guingona and the Sultan of Sulu defining the latter’s
spiritual jurisdiction and declaring that neither the Sultan nor his representatives are authorized to
impose fines except in certain religious cases purely as an indemnity to the parties involved, and also
that they may not impose correctional punishment. Contributions to the Mohammedan church must be
voluntary and religious power may only be exercised over those who voluntarily submit themselves to it.
There has been some misunderstanding as to the powers of the representatives of the Sultan who have
even attempted trial of criminal cases.

May 5.—The special session of the Philippine Legislature adjourns after passing a number of bills and
resolutions and the constitutional convention bill which provides for the election of delegates on June 26
to meet on July 4, but if these dates are found impracticable, the Governor-General may fix the election
on a date not later than July 16 and the date of the opening of the convention not later than July 30.
There are to be 208 delegates, comprising two from each representative district and for Baguio and each
of the sub-provinces of the Mountain Province. Mindanao and Sulu are to send two delegates each.
Government officials and employees subject to the Civil Service are not eligible. The position of
delegate is to be honorary, but delegates not connected with the Government may receive a P5.00 per
diem. Inspectors during the convention election are to receive P3.00 a day. A total of P500.000 is
appropriated for the total expenses. The Legislature adopted two resolutions of protest, one against the
coconut oil excise tax and the other against the Costigan-Jones sugar bill. It also adopted a resolution
inviting a committee of Congress to visit the Philippines to conduct hearings on the economic provisions
of the Tydings-McDuffie Act and setting aside P30,000 for the expenses of the visiting congressmen.
Another resolution adopted requests the Governor-General to reduce assessments on coconut lands by
not less than 60 per cent and on abaca, maguey, and rice lands not less then 30 per cent. In a closing
speech Quezon praises the minority for its friendly coöperation and Osmeña expresses his satisfaction
over the just and fair manner in which the minority had been treated. Speaker Quintin Paredes and Rep.
E. T. Tirona makes similar remarks in the House.

Sen. R. S. Copeland attacks the sugar bill as laying a penalty of a half billion dollars on American
housewives and sending American colonial possessions to the poorhouse “to bolster up the beet-sugar
business”.

Twenty-seven Javanese athletes together with four officials arrive in Manila to represent the Netherlands
Indies at the Olympic Games.

May 6.—Guingona criticizes the fact that Mindanao and Sulu are given so little representation in the
constitutional convention as compared with the Mountain Province.

May 7.—The Governor-General releases figures showing that the deficits in the consolidated funds of
the central government, totalling over P20,000,000 for the three preceding years (1930, 31, 32) were
wiped out and a small surplus of approximately P500,000 laid up for 1933.

The Governor-General has written to all provincial governors urging them to make every possible effort
to raise the maximum amount of funds for schools locally as otherwise it would be necessary to close
many schools in June.
One hundred thirty-two Japanese athletes, 31 officials, and 11 newspapermen arrive in Manila for the
Olympics.

May 8.—The Chinese Olympic delegation, consisting of 134 athletes, 23 of them women, 29 officials,
and 15 guests, headed by the noted former foreign minister, Dr. C. T. Wang, arrive in Manila.

May 9.—The President signs the Jones-Costigan sugar control bill, effective January 1 in spite of
protests against this retroactive feature. The measure makes sugar a “basic commodity” under the
Agricultural Relief Act, subject to a processing tax, and provides for quotas limiting sugar production of
domestic beet sugar to 1,550,000 tons and cane sugar to 260,000 tons. The Secretary of Agriculture is
authorized to fix quotas for insular areas and for Cuba, based on an average of any three years’
production between 1925 and 1933.

The Federal Tariff Commission announces a tariff cut of from 2 to 1.5 cents a pound on Cuban sugar
and from 2.5 to 1.87 cents on sugar from other countries, effective June 8.

The Governor-General appoints Miguel Unson, former secretary of finance, president of the National
Development Company vice Carlos Young, resigned.

May 10.—The President signs the revenue bill providing for heavier taxes on the higher incomes, gifts,
estate transfers, corporations, and personal holding companies, and including the tax on coconut oil. The
tax on Philippine coconut oil is to be returned to the Philippine Treasury, but may not be reimbursed to
the producers.

May 11.—The Governor-General declares that with the approval of the sugar act and the tax on coconut
oil, the Philippine Government will not remain passive, but will continue to press for adequate
protection of the industries affected. Members of his staff are studying various courses of action.

Quezon, speaking before the American Chamber of Commerce, says that the continuation of reciprocal
trade relations between the United States and the Philippines are essential to the success and stability of
the Philippines. He interprets the attacks on Philippine products as being due to a well-organized
propaganda campaign and urges an educational campaign to counteract this, as Philippine products do
not actually compete with American products, “If I can speak for my people, I want to say that I hope
that not only the Americans but foreigners who have invested in the Philippines will keep their
investments here. Where is the country that offers a better opportunity in the way of rapid development?
I am positive that under the government of the commonwealth and the government of the Philippine
Republic, when established, foreign capital here will receive due consideration. . . . I know that your
government is not going to let the Philippines go to the dogs. They have a great, sincere, sentimental
attachment for the people of these Islands. They feel proud of the work they have done. I am positive
that they will stand by us. You gentlemen, are the only ones that can injure yourselves. If you get
panicky and begin to doubt everything and export your money, you of course are going to suffer from
that. But if you have faith in your government and your people, as I have faith in your government and
people, and as I have faith in my government and people, I am sure that nothing will happen that will
stop the onward march and the progress of this country”. H. M. Cavender, president of the Chamber,
stated in his introductory speech: “Americans do not want to go out of business in the Philippines. They
will not go out of business unless it becomes apparent that conditions external and internal are such that
they can no longer carry on.”

May 12.—Secretary Vicente Singson Encarnacion and Mr. and Mrs. Jose P. Melencio return to Manila.
Melencio declares that America will continue to legislate against Philippine products. Henry B. Day
arrives to take charge of the problems arising from the immigration provisions in the Tydings-McDuffie
Act.

The Tenth Far Eastern Championship Games open in the new million-peso Rizal Stadium in Manila,
with some 500 athletes participating.

The United States

April 17.—Theodore Roosevelt, former Governor-General of the Philippines, in an address as president


of the National Republican Club, denounces President Franklin D. Roosevelt’s régime as “reactionary
and un-American” and accuses him of “violating constitutional liberties”.

April 19.—Washington unofficially views the statement of Foreign Minister Koki Hirota as a
continuation of efforts to create a Japanese hegemony in Asia. America has no advisers in China and
American concerns have been selling airplanes in China on a purely commercial basis just as they have
sold airplanes in Japan. Sen. W. E. Borah, head of the foreign affairs committee, states that “having
insisted for decades on the Open Door in China, we oppose any new policy closing it.” Sen. A.
Robinson states that the “policy is unjustifiable by treaties or morals, and particularly disturbing after the
recent good-will exchanges”. Naval authorities consider the results of the next naval conference
impaired by the disturbed public opinion.

April 20.—The situation in the Far East is considered in Washington as solidifying Anglo-American
sentiment toward events there on a firmer basis than at any time since the occupation of Manchuria in
1931.

April 21.—The President signs the Bankhead cotton control bill.

The Japanese Ambassador tells the Washington press that the Japanese policy is not intended to obstruct
the Open Door in China. He points to the American wheat and cotton loans, however, as having been
diverted into political channels “detrimental to the peace of Asia”. He states, also, that Japan fears that
the recent aviation expansion in China might be turned against Japan. “The Japanese statement has been
misunderstood”.

April 23.—In another press interview, the Japanese Ambassador states that Japan considers itself the best
judge of what might disturb the peace of the Orient and would not tolerate a policy on the part of
“outsiders” which “might be founded on selfish motives”. He does not want to see “China violating the
Open Door”, and declares that Japan will meticulously observe all agreements regarding China, but that
it feels it “should be consulted by foreign powers regarding their transactions with China as Japan
considers itself as being in a better position than other powers to correctly interpret potential commercial
and other relations between China and the rest of the world.”
The United States fleet on its way from the Pacific to the Atlantic, without previous warning, undertakes
tactical maneuvers to determine how rapidly the entire fleet can be moved through the Panama Canal.
Commercial traffic is tied up and a censorship established.

April 24.—In the absence of Secretary of State Cordell Hull, Under-Secretary William R. Phillips asks
the Japanese Ambassador for an official explanation of the various newspaper reports regarding
Japanese policy. Considerable annoyance is indicated in official circles with the manner in which Japan
has issued its statements, making them through the press with no effort to contact officials.

The United States and Mexico sign an agreement settling the chief diplomatic questions that have
existed between the two countries, some of them dating as far back as 1867.

April 25.—State Department officials confer with the representatives of the various parties to the Nine-
Power Pacific Treaty which declares that the signatories will “refrain from taking advantage of
conditions in China in order to seek special rights or privileges which would abridge the rights of
subjects or citizens of friendly states, and from countenancing action inimical to the security of such
states.”

President Roosevelt indicates that he will shortly submit a $1,500,000,000 appropriation bill to provide
funds for the initial construction under the Vinson navy building act.

April 26.—The fleet of 111 vessels passed through the canal in 47 hours under limited speed and it is
said could in an emergency cut the time to 40 hours. Secretary of the Navy Claude Swanson calls it a
“remarkable performance” as it had been believed it would take two or three days. Japanese newspapers
are calling the maneuver a failure inasmuch as it was not accomplished in 24 hours. The canal was
heavily guarded and a smaller force will remain indefinitely. The fleet will remain at Colon until May 4
when maneuvers in the Caribbean start.

Secretary of State Cordell Hull publishes the details of a communication to Tokyo bluntly declining to
recognize Japan’s self-assumed right to scrutinize foreign loans to China and declining to consult with
Japan before extending financial or other assistance to China. “It is the opinion of the American people
and Government that no nation can without the assent of other nations concerned rightfully endeavor to
make conclusive its will in situations where are involved the rights, obligations, and legitimate interests
of other sovereign states”. America acted independently of Britain.

May 3.—William H. Woodin, whose illness caused him to relinquish his post as Secretary of the
Treasury some time ago, dies in New York, aged 66.

May 5.—Attorney-General Homer S. Cummings rules that Britain, Italy, Czechoslovakia, Latvia, and
Lithuania will not be classed as defaulters under the Johnson Act because they had made token
payments. Cummings remarked to newsmen that Russia is a defaulter under the Act as it has not paid
the debts of the previous governments of Russia.

The Fleet leaves Panama for the Caribbean where maneuvers will begin off Guatanamo Bay on the 10th.
May 6.—Russian resentment is expressed over the statement that the Russian Government is in default.
Prospects of trade with Russia are dwindling.

May 7.—The Russian Ambassador calls at the State Department and protests against Cumming’s
interpretation of the Johnson foreign loan act, and the Department thereafter issues a statement to the
effect that the Russo-Japanese debt situation is unchanged by this interpretation.

Samuel Insull, former Chicago utilities magnate who has led the life of a fugitive for many months, is
arrested in New York immediately on his arrival and taken to Chicago under heavy guard. He was
indicted in connection with the fall of his $2,000,000,000 utilities combine in 1932 and was extradited
from Turkey.

May 9.—The President declares that the United States stand for the collection of war debts is unchanged,
but that hearings will be granted to those nations in distress who ask for reductions in the semi-annual
payments.

May 12.—Reported that the United States has notified Britain that a token payment instead of the full
June installment on the war debt would be regarded as evidence of default.

The entire west coast is tied up by a strike of over 10,000 longshoremen who are demanding shorter
hours and higher wages, and disorders are reported from various cities.

Other Countries

April 17.—The French cabinet orders Leon Trotzky, exiled Russian leader who has been living at
Barbizon, to leave France because of his efforts to organize a world revolution which “violated political
neutrality”.

April 18.—A Japanese Foreign Office spokesman discloses that Foreign Minister Koki Hirota has
communicated to Japanese Minister Arika Ariyoshi at Nanking a restatement of Japan’s policy toward
China under which Japan will object to any contact between China and other powers which it considers
imperils “the peace of eastern Asia”. “Japan must object” to efforts of other powers either in groups or
individually to assist China in any way likely to assume military or political forms. Japan must be the
judge whether foreign efforts to aid China imperil the peace. Japan’s objections may take the form of
“positive action” “if the other party employs force”. Ariyoshi was empowered to communicate the new
policy to the Chinese Government at a proper opportunity and Japanese ambassadors will shortly be
instructed to enable them to explain Japan’s position. The spokesman declines to state whether the
policy is applicable to American aviation activities in China and to the American $50,000,000 wheat and
cotton loan, but asserts that the presence of the German General Von Seekt at Nanking as military
adviser “can not be pleasing to Japan.”

France dispatches a note to Britain stating that Germany’s attitude makes disarmament negotiations
based in increased armaments for Germany impossible.

Ricardo Samper Ibañez, Republican leader, named premier yesterday, completes a cabinet.
April 19.—The Peiping Chronicle states “Here entirely naked is Japan’s bid for overlordship of the
entire Orient. It is a direct embargo on any attempt of China to defend itself and a challenge to the rest of
the world to dare afford help to this end.” The Chinese Government remains silent. The Japanese
announcement stirs world capitals and opposition leaders in the House of Commons demand that the
British Government make a statement. British leaders state that the Japanese fear that the powers will
seize special influence in China is unwarranted. (For American comment, see under “The United
States”.) A Japanese spokesman declares there are “numerous rumors” that foreign powers are assisting
China with loans to buy airplanes and build airdromes. He admits the Foreign Office is not advised of
specific instances, and states that the Japanese Government does not intend to send notes to China, the
United States, or other powers unless conditions make this desirable. If China desires further
information, the Japanese minister at Nanking will explain.

April 20.—Nanking declares unofficially that “no state has the right to claim exclusive responsibility for
maintaining peace in any part of the world. Foreign loans and technical assistance have been strictly
non-political. The purchase of military equipment and airplanes and the employment of military
instructors have been solely for the purpose of national defense and chiefly for the purpose of
maintaining internal peace. No nation which does not harbor ulterior motives need fear China’s policy.”

League of Nations officials state that Japan is opposed to League plans for the reconstruction of China
which are non-political and include the extension only of technical advice on the development of
communications, education, public hygiene, flood control, etc.

British officials state unofficially that Britain will stand by the treaties affecting China, including the
open door, and will resist any attempts to override them if challenged.

April 21.—In official circles in Paris it is stated that France assumes that Japan does not refer to French
Indo-China in its mention of foreign influences in eastern Asia. Criticism of Japan is outspoken in the
Italian parliament and it is suggested that European nations present a united front. The Russian press
considers the Tokyo statement a serious impetus to the danger of war in the Orient.

A general strike is declared in Spain.

April 22.—Premier Gaston Doumergue tells a representative of Premier Benito Mussolini that France
refuses to approve German rearmament or to restrict its own arms while military preparations continue
in Germany.

April 23.—The Japanese Consul General at Geneva tells the press that Japan will oppose various forms
of foreign aid to China “under whatever guise” which may disturb the peace, and confirms that the
Japanese attitude affects the plans of the League of Nations. “Japan will act in close collaboration with
other Asiatic powers, and such countries as Siam and the Philippines should be considered as
participating in the responsibilities for peace in the Orient.”

Foreign Minister Sir John Simon tells the House of Commons that he has communicated with Japan
requesting that it clarify its position.
Britain and Italy begin conversations aimed at an agreement on policies for the reorganization of the
League of Nations.

Disorder and riots between rightists and leftists continue in Spain and a number of churches are set afire.

April 24.—Minister of Finance H. H. Kung denies the Japanese charge that the American wheat and
cotton loans are used for political purposes.

President Niceto Alcala Zamora signs the amnesty law passed by the Cortes last week freeing some
8000 political prisoners, mostly rightists. The act is opposed by the Socialists and other leftists.

April 25.—The Spanish cabinet resigns as a result of a difference with President Zamora over the
amnesty act.

April 26.—The Chinese Government declares that China will not allow any country “to meddle in its
domestic policies” and reminds Japan that China is a member of the League of Nations and obtained aid
from the League before Japan withdrew. China wants the assistance of the League rather than that of any
particular country as the latter “might violate the policy of the Open Door.”

Reported from Geneva that Japan may attempt to block the League’s ten-year reconstruction plan in
China unless the powers recognize Manchukuo.

Reported that the British Ambassador at Tokyo has told Hirota that Britain would maintain all its treaty
rights with China and support all its obligations under the multilateral treaties such as the Nine-Power
Pact.

April 27.—A Chinese official states that Japan has completed plans for occupying the whole of western
Inner Mongolia by means of a motorized force and that this move could be accomplished within a
fortnight.

Source: University of Michigan

 THE 1935 PHILIPPINE 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

President, Constitutional Convention

ATTEST:

(Sgd.) N. PIMENTEL

Secretary, Constitutional Convention


 THE 1943 CONSTTUTION

The 1943 Constitution

PREAMBLE

The Filipino people, imploring the aid of Divine Providence and desiring to lead a free national
existence, do hereby proclaim their independence, and in order to establish a government that shall
promote the general welfare, conserve and develop the patrimony of the Nation, and contribute to the
creation of a world order based on peace, liberty, and moral justice, do ordain this Constitution.

Article I: The Republic of the Philippines

SECTION 1. The Philippines is a republican state. The government established by this Constitution shall
be known as the Republic of the Philippines.

SEC. 2. The Republic of the Philippines shall exercise sovereignty over all the national territory as at
present defined by law.

Article II: The Executive

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

SEC. 2. The President shall be elected by a majority of all the members of the National Assembly at the
place and on the date to be fixed by law.

SEC. 3. No person may be elected President unless he be a natural-born citizen of the Philippines, is
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. The President shall hold office during a term of six years and may not be re-elected for the
following term.

SEC. 5. The term of the President shall end at noon on the thirtieth day of December following the
expiration of six years after his election, and from such time the term of his successor shall begin. If his
successor shall not have been chosen before such time, or if the President-elect shall have failed to
qualify, then the outgoing President shall continue in office until his successor shall have been elected
and qualified. 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 his office, the same shall devolve on the ranking Minister
in the order of precedence established by law until a new President shall have been elected for the
unexpired term. In the latter case, the election shall be held within sixty days after such removal, death,
resignation, or inability.

SEC. 6. Before assuming the duties 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 Republic 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 President shall have an official residence and receive such compensation as may be fixed
by law which shall neither be 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.

SEC. 8. The President shall have supervision and control of all the ministries, bureaus or offices, all
local governments, and all other branches or instrumentalities of the Executive Department, and take
care that the laws be faithfully executed.

SEC. 9. The President shall be commander-in-chief of all armed forces of the Republic of the
Philippines and, whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawlessness, invasion, insurrection, or rebellion. In case of invasion, insurrection, or rebellion,
or imminent danger thereof, or when the public safety so requires, 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 Ministers and Vice-Ministers, and with the advice of his
Cabinet, shall appoint ambassadors, diplomatic ministers and consuls, heads of bureaus and offices,
officers of the Army from the rank of [colonel, of the Navy and of the Air forces from the rank of]
captain or commander, provincial governors, city and municipal mayors, and all other officers of the
government whose appointments are not otherwise provided for by law.

SEC. 11. There shall be a Council of State to advise the President on matters of national policy. It shall
be composed of not more than twenty members to be appointed by the President from among citizens
who may have rendered distinguished service to the Nation.

SEC. 12. The President, with the concurrence of two-thirds of all the members of the National
Assembly, shall have the power to declare war and make peace, and, with the concurrence of a majority
of all its members, conclude treaties. He shall receive ambassadors and diplomatic ministers duly
accredited to the Republic of the Philippines.

SEC. 13. The President shall have the power to grant reprieves, commutations and pardons, and remit
fines and forfeitures, after conviction, for all offenses, 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.

SEC. 14. 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 he shall judge necessary and expedient.

Article III: The Legislature

SECTION 1. The Legislative power shall be vested in the National Assembly.


SEC. 2. The National Assembly shall be composed of the provincial governors and city mayors as
members ex-officio and of delegates to be elected every three years, one from each and every province
and chartered city. The date and manner of their election and the method of filling vacancies shall be
prescribed by law, which shall not be subjected to change or modification during the Greater East Asia
War.

SEC. 3. No person shall be elected to the National Assembly unless he has been five years a citizen of
the Philippines, and is at least thirty years of age.

SEC. 4. (1) The National Assembly shall convene in regular session once every year on a date to be
fixed by law, but no regular session shall continue longer than sixty days, exclusive of Sundays. It may
also be called in special session by the President, for such time as he may determine, to consider general
legislation or only such subjects as he may designate.

(2) 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 meet 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.

(3) The National Assembly shall be the sole judge of the election, returns and qualifications of its
elective members, and 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 one-fifth of its members
present, be entered in the journal.

SEC. 5. The Speaker and members of the National Assembly shall receive such compensation as may be
fixed by law, exclusive of traveling expenses to and from their respective province or cities in attending
the sessions of the National Assembly. The National Assembly shall not have the power to increase the
compensation of its Speaker and its members during their term of office.

SEC. 6. The members of the National Assembly shall be privileged from arrest during their attendance
at the sessions of the National Assembly, and in going to and returning from the same, except when they
commit a crime in which the penalty fixed by law is death or imprisonment or more than twelve years;
and for any speech or debate therein, they shall not be questioned in any other place.

SEC. 7. (1) The President shall submit within ten 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.

(2) If at the termination of any fiscal year the appropriations necessary for the support of the government
for the ensuing fiscal year shall not have been made, the several sums appropriated in the last
appropriation bills shall be deemed to be reappropriated for the several objects and purposes therein
specified, so far as the same may be done in the judgment of the President, until the general
appropriation bill shall have been approved.
(3) No provision or enactment shall be embraced in the general appropriation bill, 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. 8. The Ministers, 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 ministries, unless
the public interest shall require otherwise and the President shall so state in writing.

SEC. 9. (1) No bill which shall have passed the National Assembly shall become a law unless approved
by the President. If he approves the same, he shall sign it; but if [it] not, he shall return it with his
objections to the National Assembly, which shall enter the objections at large on its journal and may
proceed to reconsider and reapprove it by a vote of two-thirds of all its members. 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 be entered in the journal. If the President should disapprove the bill for the
second time, the National Assembly may not during the same session reconsider and repass the bill. If
any bill 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 forty days after adjournment.

(2) The President shall have the power to veto any particular item or items of an appropriation, revenue
or tariff 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.

SEC. 10. (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 copies thereof in its final form shall have been
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. 11. (1) 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.

(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 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 as
such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces or to any
penal institution, orphanage, or leprosarium.
SEC. 12. (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 duties.

(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. 13. 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.

SEC. 14. When the National Assembly is not in session, the President may in cases of urgent necessity,
promulgate rules and ordinances which shall have the force and effect of law until disapproved by
resolution before the end of the next regular session of the National Assembly.

Article IV: The Judiciary

SECTION 1. The Judicial Power shall be vested in the Supreme Court and 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, diplomatic 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 all cases in which the constitutionality of any law, ordinance,
or executive order or regulation is in question, or in which the jurisdiction of any court is in issue or
where only errors or questions of law are involved.

SEC. 3. Unless otherwise provided by law, the Supreme Court shall be composed of a Chief Justice and
six Associate Justices.

SEC. 4. The members of the Supreme Court shall be appointed by the President with the advice of the
Cabinet. All judges of inferior courts shall be appointed by the President with the advice of the Supreme
Court.

SEC. 5. No person may be appointed member of the Supreme Court unless he be a citizen of the
Philippines, is at least forty years of age and has been a judge of a court of record or has been engaged in
the practice of law in the Philippines for at least ten years.

SEC. 6. The National Assembly shall prescribe the qualifications of judges of the inferior courts but no
person may be appointed judge of any such courts unless he be a citizen of the Philippines and has been
admitted to the practice of law in the Philippines.
SEC. 7. The members of the Supreme Court and judges of inferior courts shall hold office during good
behavior, until they become incapacitated to discharge the duties of their office. They shall receive such
compensation as may be fixed by law, which may not be diminished during their continuance in office
except in case of a general revision of salaries of all officials and employees of the government.

SEC. 8. 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 opinion of the court. Any Justice
dissenting from a decision shall state the reasons for his dissent.

SEC. 9. No law or executive order, ordinance or regulation may be declared unconstitutional without the
unanimous vote of all the members of the Supreme Court.

SEC. 10. 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. 11. 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. All existing laws
on pleading, practice and procedure are subject to alteration and modification by the Supreme Court.

Article V: Impeachment

SECTION 1. The President and the Justices of the Supreme Court 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 National Assembly, by a vote of two-thirds of all its members, shall have the sole power of
impeachment.

SEC. 3. The Supreme Court shall have the sole power to try all impeachments. No person shall be
convicted without the concurrence of three-fourths of all the Justices of the Supreme Court.

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

Article VI: 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 and their
descendants.

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


SEC. 2. Philippine citizenship may be lost or reacquired in the manner provided by law.

Article VII: Duties and Rights of the Citizen

SECTION 1. It is the duty of every citizen to render personal military and civil service as may be
required by law, to pay taxes and public charges, and to engage in a useful calling, occupation or
profession.

SEC. 2. 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. 3. No law shall be made respecting an establishment of religion or prohibiting the free exercise
thereof, and no religious test shall be required for the exercise of civil or political rights.

SEC. 4. No law impairing the obligation of contracts shall be passed.

SEC. 5. No ex post facto shall be enacted.

SEC. 6. No person shall be imprisoned for debt.

SEC. 7. No involuntary servitude in any form shall exist except as a punishment for crime whereof the
party shall have been duly convicted.

SEC. 8. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion,
insurrection, rebellion, or when the public safety so requires.

SEC. 9. Private property shall not be taken for public use without just compensation.

SEC. 10. Free access to the courts or administrative tribunals shall not be denied to any person by reason
of poverty.

SEC. 11. Subject to such limitations as may be imposed by law in the interest of peace, morals, health,
safety or public security.

(1) The right to be secure against unreasonable searches and seizures shall not be violated.

(2) The privacy of communication and correspondence shall not be invaded.

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

(4) The free enjoyment and practice of religious profession and worship, without discrimination or
preference, shall not be curtailed.

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

Article VIII: 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 sources of 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, renewable for another 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 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. 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, or to persons
entitled by law [to inherit in case of intestate succession].

Article IX: General Provisions

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

SEC. 2. The government shall take steps toward the development and propagation of Tagalog as the
national language.

SEC. 3. There shall be a General Auditing Office to examine, audit and settle all accounts pertaining to
the revenues, receipts, expenditures of funds and properties of the government, its subdivisions and
instrumentalities, as well as of such persons or institutions as may be provided by law.
SEC. 4. 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. 5. All public officers and members of the armed forces shall take an oath to support and defend the
Constitution.

SEC. 6. No public officer or employee shall receive additional or double compensation unless
specifically authorized by law.

SEC. 7. Public officers and employees shall not be engaged in the practice of any profession during their
continuance in office; nor shall they, directly or indirectly, intervene in the management or control of
any private enterprise which in any way may be affected by the functions of their office, or be
financially interested in any contract with the government, or any subdivision or instrumentality thereof.

SEC. 8. The promotion of social justice to insure the well-being and economic security of all the people
shall be the concern of the State.

SEC. 9. 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. 10. 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 national
education, and shall provide at least free public elementary instruction, and citizenship training to adult
citizens. All schools, colleges, and universities shall aim to develop moral character, personal and
collective discipline, civic conscience, and vocational skill, secure social efficiency, and teach the duties
of citizenship. Optional religious instruction shall be maintained in the public schools as now authorized
by law. The State shall create scholarships in arts, science, and letters for specially gifted citizens.

SEC. 11. 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. 12. The State may, in the interest of national welfare or defense, establish and operate industries
and means of transportation and communication, and, upon payment of just compensation, transfer to
public ownership utilities and other private-enterprises to be operated by the government.

SEC. 13. 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. 14. 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.

Article X: Amendments

SECTION 1. The National Assembly, by a vote of two-thirds of all its members, may propose
amendments to this Constitution, but such amendments shall not be valid as part of the Constitution
unless approved by the people at a plebiscite or convention especially called for that purpose and on the
date and under conditions to be prescribed by law.

Article XI: Transitory Provisions

SECTION 1. This Constitution shall be ratified by the people at a plebiscite or convention especially
called for that purpose. The manner of holding such plebiscite or convention shall be provided by law.

SEC. 2. The first National Assembly shall convene at the place and on the date fixed by law, and
immediately after its organization shall elect the President of the Republic of the Philippines.

SEC. 3. The existing executive departments of the Philippine Executive Commission shall continue as
Ministries of the Republic until the National Assembly shall by law provide otherwise.

SEC. 4. All laws of the Philippines shall continue in force until the inauguration of the Republic;
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 Philippines or of the Philippine Executive Commission shall be construed,
in so far as applicable, to refer to the government and corresponding officials under the Republic.

SEC. 5. All courts existing at the time of the adoption of this Constitution shall continue and exercise
their jurisdiction, except in so far as it may be inconsistent with the provisions of this Constitution, until
otherwise provided by law in accordance with this Constitution; but all cases, civil and criminal,
pending in said courts shall be heard, tried and determined under the laws [then in force].

SEC. 6. All officers and employees of the government under the Philippine Executive Commission 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.

SEC. 7. The prohibitions and limitations provided for in this Constitution, notwithstanding, the President
of the Republic of the Philippines may enter into an agreement with any foreign nation for the utilization
of natural resources and the operation of public utilities, which agreement shall expire upon the
termination of the Greater East Asia War.

SEC. 8. All property rights and privileges acquired by any person, entity or corporation, since the
outbreak of the Greater East Asia War, shall be subject to adjustment and settlement upon the
termination of the said war.
SEC. 9. The provisions of this Constitution, except those contained in this Article and those which refer
to the election and qualification of officers to be elected under this Constitution, shall not take effect
until the inauguration of the Republic of the Philippines.

Article XII: Special Provisions

SECTION 1. Within one year after the termination of the Greater East Asia War, the National Assembly
shall by law provide for the election by popular suffrage of delegates to a Constitutional Convention,
which shall meet not later than sixty days after their election in order to formulate and adopt a new
Constitution which shall become effective upon its approval by the people at a plebiscite to be held for
the purpose. After such approval the National Assembly shall forthwith provide for the election of the
officers under the new Constitution and the inauguration of the government established thereunder.

 THE 1973 PHILIPPINE CONNSTITUTION

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 1986 FREEDOM CONSTITUTION

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 PHILIPPINE CONSTITUTIONS

Philippine Constitutions
The present Constitution of the Philippines:

Approved by the 1986 Constitutional Commission on October 12, 1986, the 1987 Constitution of the
Republic of the Philippines was presented to President Corazon C. Aquino on October 15, 1986. It was
ratified on February 2, 1987 by a plebiscite. It was proclaimed in force on February 11, 1987.

Full text of the 1987 Constitution.

The 1987 Constitution divided per section.

Former constitutions of the Philippines:

The 1986 Freedom Constitution: promulgated by Presidential Proclamation, March 25, 1986.

The 1973 Constitution: as Amended in October 16-17, 1976, on January 30, 1980, and April 7, 1981.

The 1973 Constitution: draft presented to President Marcos by the 1971 Constitutional Convention on
December 1, 1972; deemed ratified by Citizens’ Assemblies held from January 10 to 15, 1973,
proclaimed in force by Proclamation by President Marcos, January 17, 1973.

The 1943 Constitution: as approved by the Preparatory Committee on Philippine Independence,


September 4, 1943 and ratified by the KALIBAPI Convention, September 7, 1943.

The 1935 Constitution: as amended on June 18, 1940, and on March 11,  1947.

The 1935 Constitution: as approved by the 1934 Constitutional Convention on February 8, 1935,


certified by the President of the United States on March 25, 1935, and ratified by plebiscite on May 14,
1935.

The Jones Law of 1916: enacted into law by the United States Congress on August 29, 1916.

The Philippine Organic Act of 1902: enacted into law by the United States Congress on July 1, 1902

The 1899 Malolos Constitution: approved by the Malolos Congress on November 29, 1898, draft
returned by President Aguinaldo on December 1, 1898 for amendments, which the Congress refused;
approved by President Aguinaldo on December 23, 1898;  formally adopted by the Malolos Congress on
January 20, 1899, promulgated by President Emilio Aguinaldo on January 21, 1899.

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