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Friday, December 2, 2016 8:58:09 AM
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OFFICIAL GAZETTE OF THE REPUBLIC

OF THE PHILIPPINES
NES UNDER COMMONWEALTH ACT NO. 638
 HOME
 PHILIPPINE CONSTITUTIONS
 THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The Constitution of the Republic of the

Philippines
PREAMBLE

ARTICLE I National Territory

ARTICLE II Declaration of Principles and State Policies

ARTICLE III Bill of Rights

ARTICLE IV Citizenship

ARTICLE V Suffrage

ARTICLE VI Legislative Department

ARTICLE VII Executive Department

ARTICLE VIII Judicial Department

ARTICLE IX Constitutional Commissions

ARTICLE X Local Government

ARTICLE XI Accountability of Public Officers

ARTICLE XII National Economy and Patrimony

ARTICLE XIII Social Justice and Human Rights

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

ARTICLE XV The Family

ARTICLE XVI General Provisions

ARTICLE XVII Amendments or Revisions

ARTICLE XVIII Transitory Provisions

Principles

THE 1987 CONSTITUTION

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE I

National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.

ARTICLE II

Declaration of Principles and State Policies

Principles
SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of
the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.

SECTION 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal military or civil
service.

SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property,
and the promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.

SECTION 6. The separation of Church and State shall be inviolable.

State Policies

SECTION 7. The State shall pursue an independent foreign policy. In its relations with other
states the paramount consideration shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination.

SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy
of freedom from nuclear weapons in its territory.

SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.

SECTION 10. The State shall promote social justice in all phases of national development.

SECTION 11. The State values the dignity of every human person and guarantees full respect for
human rights.

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen
the family as a basic autonomous social institution. It shall equally protect the life of the mother
and the life of the unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral character shall receive
the support of the Government.
SECTION 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.

SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

SECTION 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.

SECTION 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

SECTION 17. The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.

SECTION 18. The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.

SECTION 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

SECTION 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.

SECTION 21. The State shall promote comprehensive rural development and agrarian reform.

SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

SECTION 23. The State shall encourage non-governmental, community-based, or sectoral

organizations that promote the welfare of the nation.

SECTION 24. The State recognizes the vital role of communication and information in nation-
building.

SECTION 25. The State shall ensure the autonomy of local governments.

SECTION 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.

SECTION 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE III

Bill of Rights

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

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise as prescribed by
law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress of
grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be required
for the exercise of civil or political rights.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by law.

SECTION 8. The right of the people, including those employed in the public and private sectors,
to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
SECTION 9. Private property shall not be taken for public use without just compensation.

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

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

SECTION 12. (1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

SECTION 14. (1) No person shall be held to answer for a criminal offense without due process
of law.

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

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when the public safety requires it.

SECTION 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

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

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE IV

Citizenship

SECTION 1. The following are citizens of the Philippines:

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

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

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and

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

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.
SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.

SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law.

ARTICLE V

Suffrage

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at least six
months immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.

SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARTICLE VI

The Legislative Department

SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

SECTION 2. The Senate shall be composed of twenty-four Senators who shall be elected at large
by the qualified voters of the Philippines, as may be provided by law.

SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines,

and, on the day of the election, is at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not less than two years immediately
preceding the day of the election.

SECTION 4. The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election.
No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the continuity of his service
for the full term for which he was elected.

SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with
the number of their respective inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided by
law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.

SECTION 6. No person shall be a Member of the House of Representatives unless he is a

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

SECTION 7. The Members of the House of Representatives shall be elected for a term of three
years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June
next following their election.

No member of the House of Representatives shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.

SECTION 8. Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of May.

SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special

election may be called to fill such vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve only for the unexpired term.
SECTION 10. The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after the expiration of
the full term of all the Members of the Senate and the House of Representatives approving such
increase.

SECTION 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any committee thereof.

SECTION 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.

SECTION 13. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.

SECTION 14. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may be called upon to
act on account of his office.

SECTION 15. The Congress shall convene once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law, and shall continue to be in session for
such number of days as it may determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special
session at any time.

SECTION 16. (1) The Senate shall elect its President and the House of Representatives its
Speaker, by a majority vote of all its respective Members.

Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent Members in such manner, and
under such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.

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

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the two Houses shall
be sitting.

SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from the
political parties and parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session days of the
Congress from their submission. The Commission shall rule by a majority vote of all the
Members.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of Representatives shall have been
organized with the election of the President and the Speaker. The Commission on Appointments
shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved and be open
to the public in accordance with law, and such books shall be audited by the Commission on
Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for
each Member.

SECTION 21. The Senate or the House of Representatives or any of its respective committees
may conduct inquiries in aid of legislation in accordance with its duly published rules of
procedure. The rights of persons appearing in or affected by such inquiries shall be respected.
SECTION 22. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the security of the State
or the public interest so requires and the President so states in writing, the appearance shall be
conducted in executive session.

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the existence of a state of war.

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

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.

SECTION 25. (1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law.

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

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

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

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

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public
purposes to be supported by appropriate vouchers and subject to such guidelines as may be
prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.

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

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all
the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the names of the Members voting for or
against shall be entered in its Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it.

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

SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve
a progressive system of taxation.

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

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

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of
all the Members of the Congress.
SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.

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

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

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or law or part thereof passed by the Congress or local
legislative body after the registration of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.

ARTICLE VII

Executive Department

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

SECTION 2. No person may be elected President unless he is a natural-born citizen of the

Philippines, a registered voter, able to read and write, at least forty years of age on the day of the
election, and a resident of the Philippines for at least ten years immediately preceding such
election.

SECTION 3. There shall be a Vice-President who shall have the same qualifications and term of
office and be elected with and in the same manner as the President. He may be removed from
office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.

SECTION 4. The President and the Vice-President shall be elected by direct vote of the people
for a term of six years which shall begin at noon on the thirtieth day of June next following the
day of the election and shall end at noon of the same date six years thereafter. The President shall
not be eligible for any reelection. No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be
held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the election, open all certificates in the presence
of the Senate and the House of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or
more shall have an equal and highest number of votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice- President, and may promulgate its rules for
the purpose.

SECTION 5. Before they enter on the execution of their office, the President, the Vice-President,
or the Acting President shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and consecrate myself to the service of
the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)

SECTION 6. The President shall have an official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be decreased during their tenure. No
increase in said compensation shall take effect until after the expiration of the term of the
incumbent during which such increase was approved. They shall not receive during their tenure
any other emolument from the Government or any other source.

SECTION 7. The President-elect and the Vice-President-elect shall assume office at the
beginning of their terms.
If the President-elect fails to qualify, the Vice-President-elect shall act as President until the
President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a
President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have
become permanently disabled, the Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where
both shall have died or become permanently disabled, the President of the Senate or, in case of
his inability, the Speaker of the House of Representatives shall act as President until a President
or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall
be selected until a President or a Vice-President shall have qualified, in case of death, permanent
disability, or inability of the officials mentioned in the next preceding paragraph.

SECTION 8. In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term. In case of
death, permanent disability, removal from office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or Vice-President shall have been
elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President or the Vice-
President shall have been elected and qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.

SECTION 9. Whenever there is a vacancy in the Office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice-President from among the Members of
the Senate and the House of Representatives who shall assume office upon confirmation by a
majority vote of all the Members of both Houses of the Congress, voting separately.

SECTION 10. The Congress shall, at ten o’clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance with its
rules without need of a call and within seven days enact a law calling for a special election to
elect a President and a Vice-President to be held not earlier than forty-five days nor later than
sixty days from the time of such call. The bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law
upon its approval on third reading by the Congress. Appropriations for the special election shall
be charged against any current appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot
be suspended nor the special election postponed. No special election shall be called if the
vacancy occurs within eighteen months before the date of the next presidential election.
SECTION 11. Whenever the President transmits to the President of the Senate and the Speaker
of the House of Representatives his written declaration that he is unable to discharge the powers
and duties of his office, and until he transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate
and to the Speaker of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice-President shall immediately
assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet
transmit within five days to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its rules and without
need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session,
within twelve days after it is required to assemble, determines by a two-thirds vote of both
Houses, voting separately, that the President is unable to discharge the powers and duties of his
office, the Vice-President shall act as the President; otherwise, the President shall continue
exercising the powers and duties of his office.

SECTION 12. In case of serious illness of the President, the public shall be informed of the state
of his health. The Members of the Cabinet in charge of national security and foreign relations
and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the
President during such illness.

SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries.
SECTION 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President within ninety days from his assumption or reassumption of
office.

SECTION 15. Two months immediately before the next presidential elections and up to the end
of his term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.

SECTION 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not otherwise provided for
by law, and those whom he may be authorized by law to appoint. The Congress may, by law,
vest the appointment of other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until after
disapproval by the Commission on Appointments or until the next adjournment of the Congress.

SECTION 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.

SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-
eight hours from the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus, the President shall submit a report in person or in writing to the Congress. The
Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which revocation shall not be set aside by
the President. Upon the initiative of the President, the Congress may, in the same manner, extend
such proclamation or suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or
suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to function,
nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.

SECTION 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after
conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.

SECTION 20. The President may contract or guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board shall, within thirty days from the
end of every quarter of the calendar year, submit to the Congress a complete report of its
decisions on applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect of increasing the
foreign debt, and containing other matters as may be provided by law.

SECTION 21. No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the Members of the Senate.

SECTION 22. The President shall submit to the Congress within thirty days from the opening of
every regular session, as the basis of the general appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing and proposed revenue measures.

SECTION 23. The President shall address the Congress at the opening of its regular session. He
may also appear before it at any other time.

ARTICLE VIII

Judicial Department

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

Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.

SECTION 2. The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may
not be reduced by the legislature below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.

SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those involving the constitutionality,
application, or operation of presidential decrees, proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the concurrence of a majority of the Members who
actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case and
voted thereon, and in no case, without the concurrence of at least three of such Members. When
the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine
or principle of law laid down by the court in a decision rendered en banc or in division may be
modified or reversed except by the court sitting en banc.

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

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

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

(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is
in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

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

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

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

(3) Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.

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

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.

SECTION 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been for fifteen years or more a judge of
a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may
be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.
(2) The regular Members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by
the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for
the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.

SECTION 9. The Members of the Supreme Court and judges of lower courts shall be appointed
by the President from a list of at least three nominees prepared by the Judicial and Bar Council
for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the
submission of the list.

SECTION 10. The salary of the Chief Justice and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During their continuance in office,
their salary shall not be decreased.

SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold office
during good behavior until they reached the age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted thereon.

SECTION 12. The Members of the Supreme Court and of other courts established by law shall
not be designated to any agency performing quasi-judicial or administrative functions.

SECTION 13. The conclusions of the Supreme Court in any case submitted to it for decision en
banc or in division shall be reached in consultation before the case is assigned to a Member for
the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice
shall be issued and a copy thereof attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from a decision or resolution must
state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

SECTION 14. No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be refused
due course or denied without stating the legal basis therefor.

SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for the Supreme Court,
and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and
three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pending, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the
record of the case or matter, and served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination, without further delay.

SECTION 16. The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.

ARTICLE IX

Constitutional Commissions

A. Common Provisions

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

SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold any
other office or employment. Neither shall he engage in the practice of any profession or in the
active management or control of any business which in any way be affected by the functions of
his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.

SECTION 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall
not be decreased during their tenure.

SECTION 4. The Constitutional Commissions shall appoint their officials and employees in
accordance with law.
SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.

SECTION 6. Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules however shall not diminish, increase, or
modify substantive rights.

SECTION 7. Each Commission shall decide by a majority vote of all its Members any case or
matter brought before it within sixty days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this Constitution or by law, any decision,
order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt of a copy thereof.

SECTION 8. Each Commission shall perform such other functions as may be provided by law.

B. The Civil Service Commission

SECTION 1. (1) The Civil Service shall be administered by the Civil Service Commission
composed of a Chairman and two Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years of age, with proven
capacity for public administration, and must not have been candidates for any elective position in
the elections immediately preceding their appointment.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and
another Commissioner for three years, without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

SECTION 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled corporations with
original charters.

(2) Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except to positions which are policy-determining,
primarily confidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause
provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided
by law.

SECTION 3. The Civil Service Commission, as the central personnel agency of the Government,
shall establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit
and rewards system, integrate all human resources development programs for all levels and
ranks, and institutionalize a management climate conducive to public accountability. It shall
submit to the President and the Congress an annual report on its personnel programs.

SECTION 4. All public officers and employees shall take an oath or affirmation to uphold and
defend this Constitution.

SECTION 5. The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities pertaining to, and the
qualifications required for their positions.

SECTION 6. No candidate who has lost in any election shall, within one year after such election,
be appointed to any office in the Government or any government-owned or controlled
corporations or in any of their subsidiaries.

SECTION 7. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive
official shall hold any other office or employment in the Government or any subdivision, agency
or instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries.

SECTION 8. No elective or appointive public officer or employee shall receive additional,

double, or indirect compensation, unless specifically authorized by law, nor accept without the
consent of the Congress, any present, emolument, office, or title of any kind from any foreign
government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

C. The Commission on Elections

SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged
in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, three Members shall hold office for seven years, two Members for five years, and the
last Members for three years, without reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

SECTION 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction
over all contests involving elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.

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

(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their goals through violence or unlawful means,
or refuse to uphold and adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections constitute interference in national
affairs, and, when accepted, shall be an additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that may be prescribed by law.
(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election
laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to its
directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

SECTION 3. The Commission on Elections may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to expedite disposition of election cases, including pre-
proclamation controversies. All such election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions shall be decided by the Commission en
banc.

SECTION 4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of transportation and other
public utilities, media of communication or information, all grants, special privileges, or
concessions granted by the Government or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation or its subsidiary. Such supervision or
regulation shall aim to ensure equal opportunity, time, and space, and the right to reply,
including reasonable, equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly, honest, peaceful, and
credible elections.

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of election

laws, rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.

SECTION 6. A free and open party system shall be allowed to evolve according to the free
choice of the people, subject to the provisions of this Article.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.

SECTION 8. Political parties, or organizations or coalitions registered under the party-list

system, shall not be represented in the voters’ registration boards, boards of election inspectors,
boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll
watchers in accordance with law.
SECTION 9. Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of the election and shall end thirty days after.

SECTION 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

SECTION 11. Funds certified by the Commission as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be
provided in the regular or special appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the Commission.

D. Commission on Audit

SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, certified public accountants with not less than ten
years of auditing experience, or members of the Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not have been candidates for any elective position
in the elections immediately preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and
the other Commissioner for three years, without reappointment. Appointment to any vacancy
shall be only for the unexpired portion of the term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting capacity.

SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any
of its subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations with original charters, and on a post-audit basis: (a) constitutional bodies,
commissions and offices that have been granted fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c) other government-owned or controlled
corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through the Government, which are required by law or the
granting institution to submit to such audit as a condition of subsidy or equity. However, where
the internal control system of the audited agencies is inadequate, the Commission may adopt
such measures, including temporary or special pre-audit, as are necessary and appropriate to
correct the deficiencies. It shall keep the general accounts of the Government and, for such
period as may be provided by law, preserve the vouchers and other supporting papers pertaining
thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods required
therefor, and promulgate accounting and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable
expenditures, or uses of government funds and properties.

SECTION 3. No law shall be passed exempting any entity of the Government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the Commission
on Audit.

SECTION 4. The Commission shall submit to the President and the Congress, within the time
fixed by law, an annual report covering the financial condition and operation of the Government,
its subdivisions, agencies, and instrumentalities, including government-owned or controlled
corporations, and non-governmental entities subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency. It shall submit such other reports as may
be required by law.

ARTICLE X

Local Government

General Provisions

SECTION 1. The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter provided.

SECTION 2. The territorial and political subdivisions shall enjoy local autonomy.

SECTION 3. The Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate among
the different local government units their powers, responsibilities, and resources, and provide for
the qualifications, election, appointment and removal, term, salaries, powers and functions and
duties of local officials, and all other matters relating to the organization and operation of the
local units.

SECTION 4. The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays shall ensure that the acts of their component
units are within the scope of their prescribed powers and functions.

SECTION 5. Each local government unit shall have the power to create its own sources of
revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local governments.
SECTION 6. Local government units shall have a just share, as determined by law, in the
national taxes which shall be automatically released to them.

SECTION 7. Local governments shall be entitled to an equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by way of direct benefits.

SECTION 8. The term of office of elective local officials, except barangay officials, which shall
be determined by law, shall be three years and no such official shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for which he was
elected.

SECTION 9. Legislative bodies of local governments shall have sectoral representation as may
be prescribed by law.

SECTION 10. No province, city, municipality, or barangay may be created, divided, merged,
abolished, or its boundary substantially altered, except in accordance with the criteria established
in the Local Government Code and subject to approval by a majority of the votes cast in a
plebiscite in the political units directly affected.

SECTION 11. The Congress may, by law, create special metropolitan political subdivisions,
subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities
shall retain their basic autonomy and shall be entitled to their own local executives and
legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created
shall be limited to basic services requiring coordination.

SECTION 12. Cities that are highly urbanized, as determined by law, and component cities
whose charters prohibit their voters from voting for provincial elective officials, shall be
independent of the province. The voters of component cities within a province, whose charters
contain no such prohibition, shall not be deprived of their right to vote for elective provincial
officials.

SECTION 13. Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources for purposes commonly beneficial to them in accordance with
law.

SECTION 14. The President shall provide for regional development councils or other similar
bodies composed of local government officials, regional heads of departments and other
government offices, and representatives from non-governmental organizations within the regions
for purposes of administrative decentralization to strengthen the autonomy of the units therein
and to accelerate the economic and social growth and development of the units in the region.

Autonomous Region
SECTION 15. There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, and
other relevant characteristics within the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic of the Philippines.

SECTION 16. The President shall exercise general supervision over autonomous regions to
ensure that the laws are faithfully executed.

SECTION 17. All powers, functions, and responsibilities not granted by this Constitution or by
law to the autonomous regions shall be vested in the National Government.

SECTION 18. The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of representatives
appointed by the President from a list of nominees from multisectoral bodies. The organic act
shall define the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and representative of the
constituent political units. The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the provisions of this Constitution
and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes
cast by the constituent units in a plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite shall be included in the
autonomous region.

SECTION 19. The first Congress elected under this Constitution shall, within eighteen months
from the time of organization of both Houses, pass the organic acts for the autonomous regions
in Muslim Mindanao and the Cordilleras.

SECTION 20. Within its territorial jurisdiction and subject to the provisions of this Constitution
and national laws, the organic act of autonomous regions shall provide for legislative powers
over:

(1) Administrative organization;

(2) Creation of sources of revenues;

(3) Ancestral domain and natural resources;

(4) Personal, family, and property relations;

(5) Regional urban and rural planning development;

(6) Economic, social, and tourism development;

(7) Educational policies;

(8) Preservation and development of the cultural heritage; and

(9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.

SECTION 21. The preservation of peace and order within the regions shall be the responsibility
of the local police agencies which shall be organized, maintained, supervised, and utilized in
accordance with applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.

ARTICLE XI

Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest lives.

SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be removed from office,
on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.

SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution of endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session days
from such referral, together with the corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial by
the Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all the Members of the
Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to prosecution, trial, and punishment according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

SECTION 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.

SECTION 5. There is hereby created the independent Office of the Ombudsman, composed of
the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each
for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may
likewise be appointed.

SECTION 6. The officials and employees of the Office of the Ombudsman, other than the
Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.

SECTION 7. The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman created under this
Constitution.

SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been candidates for any
elective office in the immediately preceding election. The Ombudsman must have for ten years
or more been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article IX-A of this Constitution.

SECTION 9. The Ombudsman and his Deputies shall be appointed by the President from a list of
at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees
for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies
shall be filled within three months after they occur.
SECTION 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary, which
shall not be decreased during their term of office.

SECTION 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.

SECTION 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly
on complaints filed in any form or manner against public officials or employees of the
Government, or any subdivision, agency or instrumentality thereof, including government-owned
or controlled corporations, and shall, in appropriate cases, notify the complainants of the action
taken and the result thereof.

SECTION 13. The Office of the Ombudsman shall have the following powers, functions, and
duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite any
act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the
performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may
be provided by law, to furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of
its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law.

SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

SECTION 15. The right of the State to recover properties unlawfully acquired by public officials
or employees, from them or from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.

SECTION 16. No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or controlled bank or
financial institution to the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any
firm or entity in which they have controlling interest, during their tenure.

SECTION 17. A public officer or employee shall, upon assumption of office and as often
thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and
net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.

SECTION 18. Public officers and employees owe the State and this Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or acquire the
status of an immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XII

National Economy and Patrimony

SECTION 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding productivity as the key to
raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human
and natural resources, and which are competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises against unfair foreign competition and trade
practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be
given optimum opportunity to develop. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to broaden the base of their ownership.
SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or associations at least sixty per centum of
whose capital is owned by such citizens. Such agreements may be for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of water power, beneficial use may be the
measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in
rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of the
country. In such agreements, the State shall promote the development and use of local scientific
and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.

SECTION 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses which they may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or associations may not hold such alienable
lands of the public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more
than twelve hectares thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to
the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of
the public domain which may be acquired, developed, held, or leased and the conditions therefor.

SECTION 4. The Congress shall, as soon as possible, determine by law the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such
forest lands and national parks shall be conserved and may not be increased nor diminished,
except by law. The Congress shall provide, for such period as it may determine, measures to
prohibit logging in endangered forests and watershed areas.

SECTION 5. The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain.

SECTION 6. The use of property bears a social function, and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the State to promote distributive justice and
to intervene when the common good so demands.

SECTION 7. Save in cases of hereditary succession, no private lands shall be transferred or

conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of
the public domain.

SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen

of the Philippines who has lost his Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law.

SECTION 9. The Congress may establish an independent economic and planning agency headed
by the President, which shall, after consultations with the appropriate public agencies, various
private sectors, and local government units, recommend to Congress, and implement continuing
integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall
function as the independent planning agency of the government.

SECTION 10. The Congress shall, upon recommendation of the economic and planning agency,
when the national interest dictates, reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain areas of investments. The Congress shall enact
measures that will encourage the formation and operation of enterprises whose capital is wholly
owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony,
the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.
SECTION 11. No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations or
associations organized under the laws of the Philippines at least sixty per centum of whose
capital is owned by such citizens, nor shall such franchise, certificate, or authorization be
exclusive in character or for a longer period than fifty years. Neither shall any such franchise or
right be granted except under the condition that it shall be subject to amendment, alteration, or
repeal by the Congress when the common good so requires. The State shall encourage equity
participation in public utilities by the general public. The participation of foreign investors in the
governing body of any public utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or association must be
citizens of the Philippines.

SECTION 12. The State shall promote the preferential use of Filipino labor, domestic materials
and locally produced goods, and adopt measures that help make them competitive.

SECTION 13. The State shall pursue a trade policy that serves the general welfare and utilizes
all forms and arrangements of exchange on the basis of equality and reciprocity.

SECTION 14. The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.

SECTION 15. The Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.

SECTION 16. The Congress shall not, except by general law, provide for the formation,
organization, or regulation of private corporations. Government-owned or controlled
corporations may be created or established by special charters in the interest of the common
good and subject to the test of economic viability.

SECTION 17. In times of national emergency, when the public interest so requires, the State
may, during the emergency and under reasonable terms prescribed by it, temporarily take over or
direct the operation of any privately owned public utility or business affected with public
interest.

SECTION 18. The State may, in the interest of national welfare or defense, establish and operate
vital industries and, upon payment of just compensation, transfer to public ownership utilities
and other private enterprises to be operated by the Government.

SECTION 19. The State shall regulate or prohibit monopolies when the public interest so
requires. No combinations in restraint of trade or unfair competition shall be allowed.
SECTION 20. The Congress shall establish an independent central monetary authority, the
members of whose governing board must be natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom shall come from the private sector. They shall
also be subject to such other qualifications and disabilities as may be prescribed by law. The
authority shall provide policy direction in the areas of money, banking, and credit. It shall have
supervision over the operations of banks and exercise such regulatory powers as may be
provided by law over the operations of finance companies and other institutions performing
similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines, operating under
existing laws, shall function as the central monetary authority.

SECTION 21. Foreign loans may only be incurred in accordance with law and the regulation of
the monetary authority. Information on foreign loans obtained or guaranteed by the Government
shall be made available to the public.

SECTION 22. Acts which circumvent or negate any of the provisions of this Article shall be
considered inimical to the national interest and subject to criminal and civil sanctions, as may be
provided by law.

ARTICLE XIII

Social Justice and Human Rights

SECTION 1. The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for
the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property
and its increments.

SECTION 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

Labor

SECTION 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable returns
on investments, and to expansion and growth.

Agrarian and Natural Resources Reform

SECTION 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers, who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the just distribution of all agricultural lands, subject
to such priorities and reasonable retention limits as the Congress may prescribe, taking into
account ecological, developmental, or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary land-sharing.

SECTION 5. The State shall recognize the right of farmers, farmworkers, and landowners, as
well as cooperatives, and other independent farmers’ organizations to participate in the planning,
organization, and management of the program, and shall provide support to agriculture through
appropriate technology and research, and adequate financial, production, marketing, and other
support services.

SECTION 6. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the rights of indigenous communities to their
ancestral lands.

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

SECTION 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of local marine and fishing resources, both inland and
offshore. It shall provide support to such fishermen through appropriate technology and research,
adequate financial, production, and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share
from their labor in the utilization of marine and fishing resources.

SECTION 8. The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment creation, and privatization of
public sector enterprises. Financial instruments used as payment for their lands shall be honored
as equity in enterprises of their choice.
 Urban Land Reform and Housing

SECTION 9. The State shall, by law, and for the common good, undertake, in cooperation with
the public sector, a continuing program of urban land reform and housing which will make
available at affordable cost decent housing and basic services to underprivileged and homeless
citizens in urban centers and resettlements areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of such program the State shall respect the
rights of small property owners.

SECTION 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished,
except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation

with them and the communities where they are to be relocated.

Health

SECTION 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide
free medical care to paupers.

SECTION 12. The State shall establish and maintain an effective food and drug regulatory
system and undertake appropriate health manpower development and research, responsive to the
country’s health needs and problems.

SECTION 13. The State shall establish a special agency for disabled persons for rehabilitation,
self-development and self-reliance, and their integration into the mainstream of society.

Women

SECTION 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities that
will enhance their welfare and enable them to realize their full potential in the service of the
nation.

Role and Rights of People’s Organizations

SECTION 15. The State shall respect the role of independent people’s organizations to enable
the people to pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership, membership, and structure.
SECTION 16. The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the establishment of adequate consultation
mechanisms.

Human Rights

SECTION 17. (1) There is hereby created an independent office called the Commission on
Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-
born citizens of the Philippines and a majority of whom shall be members of the Bar. The term
of office and other qualifications and disabilities of the Members of the Commission shall be
provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights
shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.

SECTION 18. The Commission on Human Rights shall have the following powers and
functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within
the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and
legal aid services to the underprivileged whose human rights have been violated or need
protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for
the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations on
human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its
functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

SECTION 19. The Congress may provide for other cases of violations of human rights that
should fall within the authority of the Commission, taking into account its recommendations.

ARTICLE XIV

Education, Science and Technology, Arts, Culture, and Sports

Education

SECTION 1. The State shall protect and promote the right of all citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.

SECTION 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary and high school
levels. Without limiting the natural right of parents to rear their children, elementary education is
compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and
other incentives which shall be available to deserving students in both public and private schools,
especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.

SECTION 3. (1) All educational institutions shall include the study of the Constitution as part of
the curricula.
(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative thinking, broaden scientific and
technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular class
hours by instructors designated or approved by the religious authorities of the religion to which
the children or wards belong, without additional cost to the Government.

SECTION 4. (1) The State recognizes the complementary roles of public and private institutions
in the educational system and shall exercise reasonable supervision and regulation of all
educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards,
shall be owned solely by citizens of the Philippines or corporations or associations at least sixty
per centum of the capital of which is owned by such citizens. The Congress may, however,
require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the
Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in any school. The provisions of this subsection
shall not apply to schools established for foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon
the dissolution or cessation of the corporate existence of such institutions, their assets shall be
disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be

entitled to such exemptions subject to the limitations provided by law including restrictions on
dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions
used actually, directly, and exclusively for educational purposes shall be exempt from tax.

SECTION 5. (1) The State shall take into account regional and sectoral needs and conditions and
shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching
will attract and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.

Language

SECTION 6. The national language of the Philippines is Filipino. As it evolves, it shall be

further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall
take steps to initiate and sustain the use of Filipino as a medium of official communication and
as language of instruction in the educational system.

SECTION 7. For purposes of communication and instruction, the official languages of the
Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

SECTION 8. This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.

SECTION 9. The Congress shall establish a national language commission composed of

representatives of various regions and disciplines which shall undertake, coordinate, and promote
researches for the development, propagation, and preservation of Filipino and other languages.

Science and Technology

SECTION 10. Science and technology are essential for national development and progress. The
State shall give priority to research and development, invention, innovation, and their utilization;
and to science and technology education, training, and services. It shall support indigenous,
appropriate, and self-reliant scientific and technological capabilities, and their application to the
country’s productive systems and national life.

SECTION 11. The Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and applied scientific research. Scholarships, grants-in-
aid, or other forms of incentives shall be provided to deserving science students, researchers,
scientists, inventors, technologists, and specially gifted citizens.
SECTION 12. The State shall regulate the transfer and promote the adaptation of technology
from all sources for the national benefit. It shall encourage the widest participation of private
groups, local governments, and community-based organizations in the generation and utilization
of science and technology.

SECTION 13. The State shall protect and secure the exclusive rights of scientists, inventors,
artists, and other gifted citizens to their intellectual property and creations, particularly when
beneficial to the people, for such period as may be provided by law.

Arts and Culture

SECTION 14. The State shall foster the preservation, enrichment, and dynamic evolution of a
Filipino national culture based on the principle of unity in diversity in a climate of free artistic
and intellectual expression.

SECTION 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation’s historical and cultural heritage and resources, as well as
artistic creations.

SECTION 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the
nation and shall be under the protection of the State which may regulate its disposition.

SECTION 17. The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions. It shall consider
these rights in the formulation of national plans and policies.

SECTION 18. (1) The State shall ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and other incentives,
and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Sports

SECTION 19. (1) The State shall promote physical education and encourage sports programs,
league competitions, and amateur sports, including training for international competitions, to
foster self-discipline, teamwork, and excellence for the development of a healthy and alert
citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.

ARTICLE XV

The Family
SECTION 1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the State.

SECTION 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them.

SECTION 4. The family has the duty to care for its elderly members but the State may also do so
through just programs of social security.

ARTICLE XVI

General Provisions

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

SECTION 2. The Congress may, by law, adopt a new name for the country, a national anthem,
or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and
traditions of the people. Such law shall take effect only upon its ratification by the people in a
national referendum.

SECTION 3. The State may not be sued without its consent.

SECTION 4. The Armed Forces of the Philippines shall be composed of a citizen armed force
which shall undergo military training and serve, as may be provided by law. It shall keep a
regular force necessary for the security of the State.

SECTION 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and
defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military,
and respect for people’s rights in the performance of their duty.
(3) Professionalism in the armed forces and adequate remuneration and benefits of its members
shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage directly or indirectly in any partisan political activity,
except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or
designated in any capacity to a civilian position in the Government including government-owned
or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited
proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years.
However, in times of war or other national emergency declared by the Congress, the President
may extend such tour of duty.

SECTION 6. The State shall establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a national police
commission. The authority of local executives over the police units in their jurisdiction shall be
provided by law.

SECTION 7. The State shall provide immediate and adequate care, benefits, and other forms of
assistance to war veterans and veterans of military campaigns, their surviving spouses and
orphans. Funds shall be provided therefor and due consideration shall be given them in the
disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization
of natural resources.

SECTION 8. The State shall, from time to time, review to upgrade the pensions and other
benefits due to retirees of both the government and the private sectors.

SECTION 9. The State shall protect consumers from trade malpractices and from substandard or
hazardous products.

SECTION 10. The State shall provide the policy environment for the full development of
Filipino capability and the emergence of communication structures suitable to the needs and
aspirations of the nation and the balanced flow of information into, out of, and across the
country, in accordance with a policy that respects the freedom of speech and of the press.

SECTION 11. (1) The ownership and management of mass media shall be limited to citizens of
the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by
such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires. No combinations in restraint of trade or unfair competition therein shall be
allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for
the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of
which is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be
limited to their proportionate share in the capital thereof, and all the executive and managing
officers of such entities must be citizens of the Philippines.

SECTION 12. The Congress may create a consultative body to advise the President on policies
affecting indigenous cultural communities, the majority of the members of which shall come
from such communities.

ARTICLE XVII

Amendments or Revisions

SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

SECTION 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.

SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days nor later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.

ARTICLE XVIII

Transitory Provisions

SECTION 1. The first elections of Members of the Congress under this Constitution shall be
held on the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan Manila area.

SECTION 2. The Senators, Members of the House of Representatives, and the local officials
first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the election of 1992, the first twelve obtaining the highest number of
votes shall serve for six years and the remaining twelve for three years.

SECTION 3. All existing laws, decrees, executive orders, proclamations, letters of instructions,
and other executive issuances not inconsistent with this Constitution shall remain operative until
amended, repealed, or revoked.

SECTION 4. All existing treaties or international agreements which have not been ratified shall
not be renewed or extended without the concurrence of at least two-thirds of all the Members of
the Senate.

SECTION 5. The six-year term of the incumbent President and Vice-President elected in the
February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to
noon of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be
held on the second Monday of May, 1992.

SECTION 6. The incumbent President shall continue to exercise legislative powers until the first
Congress is convened.

SECTION 7. Until a law is passed, the President may fill by appointment from a list of nominees
by the respective sectors the seats reserved for sectoral representation in paragraph (2), Section 5
of Article VI of this Constitution.

SECTION 8. Until otherwise provided by the Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government units comprising the
Metropolitan Manila area.
SECTION 9. A sub-province shall continue to exist and operate until it is converted into a
regular province or until its component municipalities are reverted to the mother province.

SECTION 10. All courts existing at the time of the ratification of this Constitution shall continue
to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing
Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall
remain operative unless amended or repealed by the Supreme Court or the Congress.

SECTION 11. The incumbent Members of the Judiciary shall continue in office until they reach
the age of seventy years or become incapacitated to discharge the duties of their office or are
removed for cause.

SECTION 12. The Supreme Court shall, within one year after the ratification of this
Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to the effectivity of this Constitution. A
similar plan shall be adopted for all special courts and quasi-judicial bodies.

SECTION 13. The legal effect of the lapse, before the ratification of this Constitution, of the
applicable period for the decision or resolution of the cases or matters submitted for adjudication
by the courts, shall be determined by the Supreme Court as soon as practicable.

SECTION 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed before the ratification of this Constitution, when
the applicable period lapses after such ratification.

SECTION 15. The incumbent Members of the Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall continue in office for one year after the ratification
of this Constitution, unless they are sooner removed for cause or become incapacitated to
discharge the duties of their office or appointed to a new term thereunder. In no case shall any
Member serve longer than seven years including service before the ratification of this
Constitution.

SECTION 16. Career civil service employees separated from the service not for cause but as a
result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this Constitution shall be entitled to appropriate
separation pay and to retirement and other benefits accruing to them under the laws of general
application in force at the time of their separation. In lieu thereof, at the option of the employees,
they may be considered for employment in the Government or in any of its subdivisions,
instrumentalities, or agencies, including government-owned or controlled corporations and their
subsidiaries. This provision also applies to career officers whose resignation, tendered in line
with the existing policy, had been accepted.

SECTION 17. Until the Congress provides otherwise, the President shall receive an annual
salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the
Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two
hundred forty thousand pesos each; the Senators, the Members of the House of Representatives,
the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each.

SECTION 18. At the earliest possible time, the Government shall increase the salary scales of
the other officials and employees of the National Government.

SECTION 19. All properties, records, equipment, buildings, facilities, and other assets of any
office or body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this
Constitution shall be transferred to the office or body to which its powers, functions, and
responsibilities substantially pertain.

SECTION 20. The first Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.

SECTION 21. The Congress shall provide efficacious procedures and adequate remedies for the
reversion to the State of all lands of the public domain and real rights connected therewith which
were acquired in violation of the Constitution or the public land laws, or through corrupt
practices. No transfer or disposition of such lands or real rights shall be allowed until after the
lapse of one year from the ratification of this Constitution.

SECTION 22. At the earliest possible time, the Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian
reform program.

SECTION 23. Advertising entities affected by paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino ownership requirement therein.

SECTION 24. Private armies and other armed groups not recognized by duly constituted
authority shall be dismantled. All paramilitary forces including Civilian Home Defense Forces
not consistent with the citizen armed force established in this Constitution, shall be dissolved or,
where appropriate, converted into the regular force.

SECTION 25. After the expiration in 1991 of the Agreement between the Republic of the
Philippines and the United States of America concerning Military Bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in
by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the
people in a national referendum held for that purpose, and recognized as a treaty by the other
contracting State.

SECTION 26. The authority to issue sequestration or freeze orders under Proclamation No. 3
dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for
not more than eighteen months after the ratification of this Constitution. However, in the national
interest, as certified by the President, the Congress may extend said period.
 A sequestration or freeze order shall be issued only upon showing of a prima facie case. The
order and the list of the sequestered or frozen properties shall forthwith be registered with the
proper court. For orders issued before the ratification of this Constitution, the corresponding
judicial action or proceeding shall be filed within six months from its ratification. For those
issued after such ratification, the judicial action or proceeding shall be commenced within six
months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or

proceeding is commenced as herein provided.

SECTION 27. This Constitution shall take effect immediately upon its ratification by a majority
of the votes cast in a plebiscite held for the purpose and shall supersede all previous
Constitutions.

Ratified: February 2, 1987

Source: CDAsia

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OFFICIAL GAZETTE OF THE REPUBLIC

OF THE PHILIPPINES
NES UNDER COMMONWEALTH ACT NO. 638
 HOME
 PHILIPPINE CONSTITUTIONS
 THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The Constitution of the Republic of the

Philippines
PREAMBLE

ARTICLE I National Territory

ARTICLE II Declaration of Principles and State Policies

ARTICLE III Bill of Rights

ARTICLE IV Citizenship

ARTICLE V Suffrage

ARTICLE VI Legislative Department

ARTICLE VII Executive Department

ARTICLE VIII Judicial Department

ARTICLE IX Constitutional Commissions

ARTICLE X Local Government

ARTICLE XI Accountability of Public Officers

ARTICLE XII National Economy and Patrimony

ARTICLE XIII Social Justice and Human Rights

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

ARTICLE XV The Family

ARTICLE XVI General Provisions

ARTICLE XVII Amendments or Revisions

ARTICLE XVIII Transitory Provisions

Principles

THE 1987 CONSTITUTION

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE I

National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of
the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.

SECTION 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal military or civil
service.

SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property,
and the promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.

SECTION 6. The separation of Church and State shall be inviolable.

State Policies

SECTION 7. The State shall pursue an independent foreign policy. In its relations with other
states the paramount consideration shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination.

SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy
of freedom from nuclear weapons in its territory.

SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.
SECTION 10. The State shall promote social justice in all phases of national development.

SECTION 11. The State values the dignity of every human person and guarantees full respect for
human rights.

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen
the family as a basic autonomous social institution. It shall equally protect the life of the mother
and the life of the unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral character shall receive
the support of the Government.

SECTION 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.

SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

SECTION 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.

SECTION 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

SECTION 17. The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.

SECTION 18. The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.

SECTION 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

SECTION 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.

SECTION 21. The State shall promote comprehensive rural development and agrarian reform.

SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

SECTION 23. The State shall encourage non-governmental, community-based, or sectoral

organizations that promote the welfare of the nation.
SECTION 24. The State recognizes the vital role of communication and information in nation-
building.

SECTION 25. The State shall ensure the autonomy of local governments.

SECTION 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.

SECTION 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.

SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE III

Bill of Rights

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

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise as prescribed by
law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress of
grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be required
for the exercise of civil or political rights.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by law.

SECTION 8. The right of the people, including those employed in the public and private sectors,
to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

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

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

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

SECTION 12. (1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

SECTION 14. (1) No person shall be held to answer for a criminal offense without due process
of law.

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

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when the public safety requires it.

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

SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

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

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE IV

Citizenship

SECTION 1. The following are citizens of the Philippines:

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

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

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and

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

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.

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

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.

SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law.

ARTICLE V

Suffrage

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at least six
months immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.

SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARTICLE VI

The Legislative Department

SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

SECTION 2. The Senate shall be composed of twenty-four Senators who shall be elected at large
by the qualified voters of the Philippines, as may be provided by law.
SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines,
and, on the day of the election, is at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not less than two years immediately
preceding the day of the election.

SECTION 4. The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the continuity of his service
for the full term for which he was elected.

SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with
the number of their respective inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided by
law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.

SECTION 6. No person shall be a Member of the House of Representatives unless he is a

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

SECTION 7. The Members of the House of Representatives shall be elected for a term of three
years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June
next following their election.

No member of the House of Representatives shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
SECTION 8. Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of May.

SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special

election may be called to fill such vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve only for the unexpired term.

SECTION 10. The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after the expiration of
the full term of all the Members of the Senate and the House of Representatives approving such
increase.

SECTION 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any committee thereof.

SECTION 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.

SECTION 13. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.

SECTION 14. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may be called upon to
act on account of his office.

SECTION 15. The Congress shall convene once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law, and shall continue to be in session for
such number of days as it may determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special
session at any time.

SECTION 16. (1) The Senate shall elect its President and the House of Representatives its
Speaker, by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.

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

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.

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

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the two Houses shall
be sitting.

SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from the
political parties and parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session days of the
Congress from their submission. The Commission shall rule by a majority vote of all the
Members.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of Representatives shall have been
organized with the election of the President and the Speaker. The Commission on Appointments
shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved and be open
to the public in accordance with law, and such books shall be audited by the Commission on
Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for
each Member.

SECTION 21. The Senate or the House of Representatives or any of its respective committees
may conduct inquiries in aid of legislation in accordance with its duly published rules of
procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

SECTION 22. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the security of the State
or the public interest so requires and the President so states in writing, the appearance shall be
conducted in executive session.

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the existence of a state of war.

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

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.

SECTION 25. (1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law.

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

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

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

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

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public
purposes to be supported by appropriate vouchers and subject to such guidelines as may be
prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.

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

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all
the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the names of the Members voting for or
against shall be entered in its Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it.

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

SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve
a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject
to such limitations and restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts within the framework of the national
development program of the Government.
(3) Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques,
non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

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

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.

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

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

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or law or part thereof passed by the Congress or local
legislative body after the registration of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.

ARTICLE VII

Executive Department

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

SECTION 2. No person may be elected President unless he is a natural-born citizen of the

Philippines, a registered voter, able to read and write, at least forty years of age on the day of the
election, and a resident of the Philippines for at least ten years immediately preceding such
election.
SECTION 3. There shall be a Vice-President who shall have the same qualifications and term of
office and be elected with and in the same manner as the President. He may be removed from
office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.

SECTION 4. The President and the Vice-President shall be elected by direct vote of the people
for a term of six years which shall begin at noon on the thirtieth day of June next following the
day of the election and shall end at noon of the same date six years thereafter. The President shall
not be eligible for any reelection. No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be
held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the election, open all certificates in the presence
of the Senate and the House of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or
more shall have an equal and highest number of votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice- President, and may promulgate its rules for
the purpose.

SECTION 5. Before they enter on the execution of their office, the President, the Vice-President,
or the Acting President shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and consecrate myself to the service of
the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)
SECTION 6. The President shall have an official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be decreased during their tenure. No
increase in said compensation shall take effect until after the expiration of the term of the
incumbent during which such increase was approved. They shall not receive during their tenure
any other emolument from the Government or any other source.

SECTION 7. The President-elect and the Vice-President-elect shall assume office at the
beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until the
President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a
President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have
become permanently disabled, the Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where
both shall have died or become permanently disabled, the President of the Senate or, in case of
his inability, the Speaker of the House of Representatives shall act as President until a President
or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall
be selected until a President or a Vice-President shall have qualified, in case of death, permanent
disability, or inability of the officials mentioned in the next preceding paragraph.

SECTION 8. In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term. In case of
death, permanent disability, removal from office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or Vice-President shall have been
elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President or the Vice-
President shall have been elected and qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.

SECTION 9. Whenever there is a vacancy in the Office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice-President from among the Members of
the Senate and the House of Representatives who shall assume office upon confirmation by a
majority vote of all the Members of both Houses of the Congress, voting separately.

SECTION 10. The Congress shall, at ten o’clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance with its
rules without need of a call and within seven days enact a law calling for a special election to
elect a President and a Vice-President to be held not earlier than forty-five days nor later than
sixty days from the time of such call. The bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law
upon its approval on third reading by the Congress. Appropriations for the special election shall
be charged against any current appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot
be suspended nor the special election postponed. No special election shall be called if the
vacancy occurs within eighteen months before the date of the next presidential election.

SECTION 11. Whenever the President transmits to the President of the Senate and the Speaker
of the House of Representatives his written declaration that he is unable to discharge the powers
and duties of his office, and until he transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate
and to the Speaker of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice-President shall immediately
assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet
transmit within five days to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its rules and without
need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session,
within twelve days after it is required to assemble, determines by a two-thirds vote of both
Houses, voting separately, that the President is unable to discharge the powers and duties of his
office, the Vice-President shall act as the President; otherwise, the President shall continue
exercising the powers and duties of his office.

SECTION 12. In case of serious illness of the President, the public shall be informed of the state
of his health. The Members of the Cabinet in charge of national security and foreign relations
and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the
President during such illness.

SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries.

SECTION 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President within ninety days from his assumption or reassumption of
office.

SECTION 15. Two months immediately before the next presidential elections and up to the end
of his term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.

SECTION 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not otherwise provided for
by law, and those whom he may be authorized by law to appoint. The Congress may, by law,
vest the appointment of other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until after
disapproval by the Commission on Appointments or until the next adjournment of the Congress.

SECTION 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.

SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-
eight hours from the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus, the President shall submit a report in person or in writing to the Congress. The
Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which revocation shall not be set aside by
the President. Upon the initiative of the President, the Congress may, in the same manner, extend
such proclamation or suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation or
suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to function,
nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.

SECTION 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after
conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.

SECTION 20. The President may contract or guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board shall, within thirty days from the
end of every quarter of the calendar year, submit to the Congress a complete report of its
decisions on applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect of increasing the
foreign debt, and containing other matters as may be provided by law.

SECTION 21. No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the Members of the Senate.

SECTION 22. The President shall submit to the Congress within thirty days from the opening of
every regular session, as the basis of the general appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing and proposed revenue measures.

SECTION 23. The President shall address the Congress at the opening of its regular session. He
may also appear before it at any other time.

ARTICLE VIII
 Judicial Department

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

Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.

SECTION 2. The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may
not be reduced by the legislature below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.

SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those involving the constitutionality,
application, or operation of presidential decrees, proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the concurrence of a majority of the Members who
actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case and
voted thereon, and in no case, without the concurrence of at least three of such Members. When
the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine
or principle of law laid down by the court in a decision rendered en banc or in division may be
modified or reversed except by the court sitting en banc.

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

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:

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

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

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

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

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

(3) Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.

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

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.

SECTION 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been for fifteen years or more a judge of
a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may
be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.

(2) The regular Members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by
the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for
the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.

SECTION 9. The Members of the Supreme Court and judges of lower courts shall be appointed
by the President from a list of at least three nominees prepared by the Judicial and Bar Council
for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the
submission of the list.

SECTION 10. The salary of the Chief Justice and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During their continuance in office,
their salary shall not be decreased.

SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold office
during good behavior until they reached the age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted thereon.

SECTION 12. The Members of the Supreme Court and of other courts established by law shall
not be designated to any agency performing quasi-judicial or administrative functions.

SECTION 13. The conclusions of the Supreme Court in any case submitted to it for decision en
banc or in division shall be reached in consultation before the case is assigned to a Member for
the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice
shall be issued and a copy thereof attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from a decision or resolution must
state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

SECTION 14. No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused
due course or denied without stating the legal basis therefor.

SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for the Supreme Court,
and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and
three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pending, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the
record of the case or matter, and served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination, without further delay.

SECTION 16. The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.

ARTICLE IX

Constitutional Commissions

A. Common Provisions

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

SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold any
other office or employment. Neither shall he engage in the practice of any profession or in the
active management or control of any business which in any way be affected by the functions of
his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.

SECTION 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall
not be decreased during their tenure.

SECTION 4. The Constitutional Commissions shall appoint their officials and employees in
accordance with law.

SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.

SECTION 6. Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules however shall not diminish, increase, or
modify substantive rights.

SECTION 7. Each Commission shall decide by a majority vote of all its Members any case or
matter brought before it within sixty days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this Constitution or by law, any decision,
order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt of a copy thereof.

SECTION 8. Each Commission shall perform such other functions as may be provided by law.

B. The Civil Service Commission

SECTION 1. (1) The Civil Service shall be administered by the Civil Service Commission
composed of a Chairman and two Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years of age, with proven
capacity for public administration, and must not have been candidates for any elective position in
the elections immediately preceding their appointment.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and
another Commissioner for three years, without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

SECTION 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled corporations with
original charters.
(2) Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except to positions which are policy-determining,
primarily confidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause
provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided
by law.

SECTION 3. The Civil Service Commission, as the central personnel agency of the Government,
shall establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit
and rewards system, integrate all human resources development programs for all levels and
ranks, and institutionalize a management climate conducive to public accountability. It shall
submit to the President and the Congress an annual report on its personnel programs.

SECTION 4. All public officers and employees shall take an oath or affirmation to uphold and
defend this Constitution.

SECTION 5. The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities pertaining to, and the
qualifications required for their positions.

SECTION 6. No candidate who has lost in any election shall, within one year after such election,
be appointed to any office in the Government or any government-owned or controlled
corporations or in any of their subsidiaries.

SECTION 7. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive
official shall hold any other office or employment in the Government or any subdivision, agency
or instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries.

SECTION 8. No elective or appointive public officer or employee shall receive additional,

double, or indirect compensation, unless specifically authorized by law, nor accept without the
consent of the Congress, any present, emolument, office, or title of any kind from any foreign
government.
Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

C. The Commission on Elections

SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged
in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, three Members shall hold office for seven years, two Members for five years, and the
last Members for three years, without reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

SECTION 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction
over all contests involving elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.

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

(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their goals through violence or unlawful means,
or refuse to uphold and adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections constitute interference in national
affairs, and, when accepted, shall be an additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election
laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to its
directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

SECTION 3. The Commission on Elections may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to expedite disposition of election cases, including pre-
proclamation controversies. All such election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions shall be decided by the Commission en
banc.

SECTION 4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of transportation and other
public utilities, media of communication or information, all grants, special privileges, or
concessions granted by the Government or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation or its subsidiary. Such supervision or
regulation shall aim to ensure equal opportunity, time, and space, and the right to reply,
including reasonable, equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly, honest, peaceful, and
credible elections.

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of election

laws, rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.

SECTION 6. A free and open party system shall be allowed to evolve according to the free
choice of the people, subject to the provisions of this Article.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.
SECTION 8. Political parties, or organizations or coalitions registered under the party-list
system, shall not be represented in the voters’ registration boards, boards of election inspectors,
boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll
watchers in accordance with law.

SECTION 9. Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of the election and shall end thirty days after.

SECTION 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

SECTION 11. Funds certified by the Commission as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be
provided in the regular or special appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the Commission.

D. Commission on Audit

SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, certified public accountants with not less than ten
years of auditing experience, or members of the Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not have been candidates for any elective position
in the elections immediately preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and
the other Commissioner for three years, without reappointment. Appointment to any vacancy
shall be only for the unexpired portion of the term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting capacity.

SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any
of its subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations with original charters, and on a post-audit basis: (a) constitutional bodies,
commissions and offices that have been granted fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c) other government-owned or controlled
corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through the Government, which are required by law or the
granting institution to submit to such audit as a condition of subsidy or equity. However, where
the internal control system of the audited agencies is inadequate, the Commission may adopt
such measures, including temporary or special pre-audit, as are necessary and appropriate to
correct the deficiencies. It shall keep the general accounts of the Government and, for such
period as may be provided by law, preserve the vouchers and other supporting papers pertaining
thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods required
therefor, and promulgate accounting and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable
expenditures, or uses of government funds and properties.

SECTION 3. No law shall be passed exempting any entity of the Government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the Commission
on Audit.

SECTION 4. The Commission shall submit to the President and the Congress, within the time
fixed by law, an annual report covering the financial condition and operation of the Government,
its subdivisions, agencies, and instrumentalities, including government-owned or controlled
corporations, and non-governmental entities subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency. It shall submit such other reports as may
be required by law.

ARTICLE X

Local Government

General Provisions

SECTION 1. The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter provided.

SECTION 2. The territorial and political subdivisions shall enjoy local autonomy.

SECTION 3. The Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate among
the different local government units their powers, responsibilities, and resources, and provide for
the qualifications, election, appointment and removal, term, salaries, powers and functions and
duties of local officials, and all other matters relating to the organization and operation of the
local units.

SECTION 4. The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays shall ensure that the acts of their component
units are within the scope of their prescribed powers and functions.
SECTION 5. Each local government unit shall have the power to create its own sources of
revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local governments.

SECTION 6. Local government units shall have a just share, as determined by law, in the
national taxes which shall be automatically released to them.

SECTION 7. Local governments shall be entitled to an equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by way of direct benefits.

SECTION 8. The term of office of elective local officials, except barangay officials, which shall
be determined by law, shall be three years and no such official shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for which he was
elected.

SECTION 9. Legislative bodies of local governments shall have sectoral representation as may
be prescribed by law.

SECTION 10. No province, city, municipality, or barangay may be created, divided, merged,
abolished, or its boundary substantially altered, except in accordance with the criteria established
in the Local Government Code and subject to approval by a majority of the votes cast in a
plebiscite in the political units directly affected.

SECTION 11. The Congress may, by law, create special metropolitan political subdivisions,
subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities
shall retain their basic autonomy and shall be entitled to their own local executives and
legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created
shall be limited to basic services requiring coordination.

SECTION 12. Cities that are highly urbanized, as determined by law, and component cities
whose charters prohibit their voters from voting for provincial elective officials, shall be
independent of the province. The voters of component cities within a province, whose charters
contain no such prohibition, shall not be deprived of their right to vote for elective provincial
officials.

SECTION 13. Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources for purposes commonly beneficial to them in accordance with
law.

SECTION 14. The President shall provide for regional development councils or other similar
bodies composed of local government officials, regional heads of departments and other
government offices, and representatives from non-governmental organizations within the regions
for purposes of administrative decentralization to strengthen the autonomy of the units therein
and to accelerate the economic and social growth and development of the units in the region.

Autonomous Region

SECTION 15. There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, and
other relevant characteristics within the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic of the Philippines.

SECTION 16. The President shall exercise general supervision over autonomous regions to
ensure that the laws are faithfully executed.

SECTION 17. All powers, functions, and responsibilities not granted by this Constitution or by
law to the autonomous regions shall be vested in the National Government.

SECTION 18. The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of representatives
appointed by the President from a list of nominees from multisectoral bodies. The organic act
shall define the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and representative of the
constituent political units. The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the provisions of this Constitution
and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes
cast by the constituent units in a plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite shall be included in the
autonomous region.

SECTION 19. The first Congress elected under this Constitution shall, within eighteen months
from the time of organization of both Houses, pass the organic acts for the autonomous regions
in Muslim Mindanao and the Cordilleras.

SECTION 20. Within its territorial jurisdiction and subject to the provisions of this Constitution
and national laws, the organic act of autonomous regions shall provide for legislative powers
over:

(1) Administrative organization;

(2) Creation of sources of revenues;

(3) Ancestral domain and natural resources;

(4) Personal, family, and property relations;

(5) Regional urban and rural planning development;

(6) Economic, social, and tourism development;

(7) Educational policies;

(8) Preservation and development of the cultural heritage; and

(9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.

SECTION 21. The preservation of peace and order within the regions shall be the responsibility
of the local police agencies which shall be organized, maintained, supervised, and utilized in
accordance with applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.

ARTICLE XI

Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest lives.

SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be removed from office,
on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.

SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution of endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session days
from such referral, together with the corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial by
the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all the Members of the
Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to prosecution, trial, and punishment according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

SECTION 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.

SECTION 5. There is hereby created the independent Office of the Ombudsman, composed of
the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each
for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may
likewise be appointed.

SECTION 6. The officials and employees of the Office of the Ombudsman, other than the
Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.

SECTION 7. The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman created under this
Constitution.

SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been candidates for any
elective office in the immediately preceding election. The Ombudsman must have for ten years
or more been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article IX-A of this Constitution.
SECTION 9. The Ombudsman and his Deputies shall be appointed by the President from a list of
at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees
for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies
shall be filled within three months after they occur.

SECTION 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary, which
shall not be decreased during their term of office.

SECTION 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.

SECTION 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly
on complaints filed in any form or manner against public officials or employees of the
Government, or any subdivision, agency or instrumentality thereof, including government-owned
or controlled corporations, and shall, in appropriate cases, notify the complainants of the action
taken and the result thereof.

SECTION 13. The Office of the Ombudsman shall have the following powers, functions, and
duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite any
act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the
performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may
be provided by law, to furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of
its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law.

SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

SECTION 15. The right of the State to recover properties unlawfully acquired by public officials
or employees, from them or from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.

SECTION 16. No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or controlled bank or
financial institution to the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any
firm or entity in which they have controlling interest, during their tenure.

SECTION 17. A public officer or employee shall, upon assumption of office and as often
thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and
net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.

SECTION 18. Public officers and employees owe the State and this Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or acquire the
status of an immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XII

National Economy and Patrimony

SECTION 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding productivity as the key to
raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human
and natural resources, and which are competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises against unfair foreign competition and trade
practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be
given optimum opportunity to develop. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to broaden the base of their ownership.

SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or associations at least sixty per centum of
whose capital is owned by such citizens. Such agreements may be for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of water power, beneficial use may be the
measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in
rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of the
country. In such agreements, the State shall promote the development and use of local scientific
and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.

SECTION 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses which they may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or associations may not hold such alienable
lands of the public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more
than twelve hectares thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to
the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of
the public domain which may be acquired, developed, held, or leased and the conditions therefor.
SECTION 4. The Congress shall, as soon as possible, determine by law the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such
forest lands and national parks shall be conserved and may not be increased nor diminished,
except by law. The Congress shall provide, for such period as it may determine, measures to
prohibit logging in endangered forests and watershed areas.

SECTION 5. The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain.

SECTION 6. The use of property bears a social function, and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the State to promote distributive justice and
to intervene when the common good so demands.

SECTION 7. Save in cases of hereditary succession, no private lands shall be transferred or

conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of
the public domain.

SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen

of the Philippines who has lost his Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law.

SECTION 9. The Congress may establish an independent economic and planning agency headed
by the President, which shall, after consultations with the appropriate public agencies, various
private sectors, and local government units, recommend to Congress, and implement continuing
integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall
function as the independent planning agency of the government.

SECTION 10. The Congress shall, upon recommendation of the economic and planning agency,
when the national interest dictates, reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain areas of investments. The Congress shall enact
measures that will encourage the formation and operation of enterprises whose capital is wholly
owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony,
the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.

SECTION 11. No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations or
associations organized under the laws of the Philippines at least sixty per centum of whose
capital is owned by such citizens, nor shall such franchise, certificate, or authorization be
exclusive in character or for a longer period than fifty years. Neither shall any such franchise or
right be granted except under the condition that it shall be subject to amendment, alteration, or
repeal by the Congress when the common good so requires. The State shall encourage equity
participation in public utilities by the general public. The participation of foreign investors in the
governing body of any public utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or association must be
citizens of the Philippines.

SECTION 12. The State shall promote the preferential use of Filipino labor, domestic materials
and locally produced goods, and adopt measures that help make them competitive.

SECTION 13. The State shall pursue a trade policy that serves the general welfare and utilizes
all forms and arrangements of exchange on the basis of equality and reciprocity.

SECTION 14. The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.

SECTION 15. The Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.

SECTION 16. The Congress shall not, except by general law, provide for the formation,
organization, or regulation of private corporations. Government-owned or controlled
corporations may be created or established by special charters in the interest of the common
good and subject to the test of economic viability.

SECTION 17. In times of national emergency, when the public interest so requires, the State
may, during the emergency and under reasonable terms prescribed by it, temporarily take over or
direct the operation of any privately owned public utility or business affected with public
interest.

SECTION 18. The State may, in the interest of national welfare or defense, establish and operate
vital industries and, upon payment of just compensation, transfer to public ownership utilities
and other private enterprises to be operated by the Government.
SECTION 19. The State shall regulate or prohibit monopolies when the public interest so
requires. No combinations in restraint of trade or unfair competition shall be allowed.

SECTION 20. The Congress shall establish an independent central monetary authority, the
members of whose governing board must be natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom shall come from the private sector. They shall
also be subject to such other qualifications and disabilities as may be prescribed by law. The
authority shall provide policy direction in the areas of money, banking, and credit. It shall have
supervision over the operations of banks and exercise such regulatory powers as may be
provided by law over the operations of finance companies and other institutions performing
similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines, operating under
existing laws, shall function as the central monetary authority.

SECTION 21. Foreign loans may only be incurred in accordance with law and the regulation of
the monetary authority. Information on foreign loans obtained or guaranteed by the Government
shall be made available to the public.

SECTION 22. Acts which circumvent or negate any of the provisions of this Article shall be
considered inimical to the national interest and subject to criminal and civil sanctions, as may be
provided by law.

ARTICLE XIII

Social Justice and Human Rights

SECTION 1. The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for
the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property
and its increments.

SECTION 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

Labor

SECTION 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable returns
on investments, and to expansion and growth.

Agrarian and Natural Resources Reform

SECTION 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers, who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the just distribution of all agricultural lands, subject
to such priorities and reasonable retention limits as the Congress may prescribe, taking into
account ecological, developmental, or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary land-sharing.

SECTION 5. The State shall recognize the right of farmers, farmworkers, and landowners, as
well as cooperatives, and other independent farmers’ organizations to participate in the planning,
organization, and management of the program, and shall provide support to agriculture through
appropriate technology and research, and adequate financial, production, marketing, and other
support services.

SECTION 6. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the rights of indigenous communities to their
ancestral lands.

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

SECTION 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of local marine and fishing resources, both inland and
offshore. It shall provide support to such fishermen through appropriate technology and research,
adequate financial, production, and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share
from their labor in the utilization of marine and fishing resources.
SECTION 8. The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment creation, and privatization of
public sector enterprises. Financial instruments used as payment for their lands shall be honored
as equity in enterprises of their choice.

Urban Land Reform and Housing

SECTION 9. The State shall, by law, and for the common good, undertake, in cooperation with
the public sector, a continuing program of urban land reform and housing which will make
available at affordable cost decent housing and basic services to underprivileged and homeless
citizens in urban centers and resettlements areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of such program the State shall respect the
rights of small property owners.

SECTION 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished,
except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation

with them and the communities where they are to be relocated.

Health

SECTION 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide
free medical care to paupers.

SECTION 12. The State shall establish and maintain an effective food and drug regulatory
system and undertake appropriate health manpower development and research, responsive to the
country’s health needs and problems.

SECTION 13. The State shall establish a special agency for disabled persons for rehabilitation,
self-development and self-reliance, and their integration into the mainstream of society.

Women

SECTION 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities that
will enhance their welfare and enable them to realize their full potential in the service of the
nation.

Role and Rights of People’s Organizations

SECTION 15. The State shall respect the role of independent people’s organizations to enable
the people to pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership, membership, and structure.

SECTION 16. The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the establishment of adequate consultation
mechanisms.

Human Rights

SECTION 17. (1) There is hereby created an independent office called the Commission on
Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-
born citizens of the Philippines and a majority of whom shall be members of the Bar. The term
of office and other qualifications and disabilities of the Members of the Commission shall be
provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights
shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.

SECTION 18. The Commission on Human Rights shall have the following powers and
functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within
the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and
legal aid services to the underprivileged whose human rights have been violated or need
protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for
the primacy of human rights;
(6) Recommend to the Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations on
human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its
functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

SECTION 19. The Congress may provide for other cases of violations of human rights that
should fall within the authority of the Commission, taking into account its recommendations.

ARTICLE XIV

Education, Science and Technology, Arts, Culture, and Sports

Education

SECTION 1. The State shall protect and promote the right of all citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.

SECTION 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary and high school
levels. Without limiting the natural right of parents to rear their children, elementary education is
compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and
other incentives which shall be available to deserving students in both public and private schools,
especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.

SECTION 3. (1) All educational institutions shall include the study of the Constitution as part of
the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative thinking, broaden scientific and
technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular class
hours by instructors designated or approved by the religious authorities of the religion to which
the children or wards belong, without additional cost to the Government.

SECTION 4. (1) The State recognizes the complementary roles of public and private institutions
in the educational system and shall exercise reasonable supervision and regulation of all
educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards,
shall be owned solely by citizens of the Philippines or corporations or associations at least sixty
per centum of the capital of which is owned by such citizens. The Congress may, however,
require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the
Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in any school. The provisions of this subsection
shall not apply to schools established for foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon
the dissolution or cessation of the corporate existence of such institutions, their assets shall be
disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be

entitled to such exemptions subject to the limitations provided by law including restrictions on
dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions
used actually, directly, and exclusively for educational purposes shall be exempt from tax.
SECTION 5. (1) The State shall take into account regional and sectoral needs and conditions and
shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching
will attract and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.

Language

SECTION 6. The national language of the Philippines is Filipino. As it evolves, it shall be

further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall
take steps to initiate and sustain the use of Filipino as a medium of official communication and
as language of instruction in the educational system.

SECTION 7. For purposes of communication and instruction, the official languages of the
Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

SECTION 8. This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.

SECTION 9. The Congress shall establish a national language commission composed of

representatives of various regions and disciplines which shall undertake, coordinate, and promote
researches for the development, propagation, and preservation of Filipino and other languages.

Science and Technology

SECTION 10. Science and technology are essential for national development and progress. The
State shall give priority to research and development, invention, innovation, and their utilization;
and to science and technology education, training, and services. It shall support indigenous,
appropriate, and self-reliant scientific and technological capabilities, and their application to the
country’s productive systems and national life.
SECTION 11. The Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and applied scientific research. Scholarships, grants-in-
aid, or other forms of incentives shall be provided to deserving science students, researchers,
scientists, inventors, technologists, and specially gifted citizens.

SECTION 12. The State shall regulate the transfer and promote the adaptation of technology
from all sources for the national benefit. It shall encourage the widest participation of private
groups, local governments, and community-based organizations in the generation and utilization
of science and technology.

SECTION 13. The State shall protect and secure the exclusive rights of scientists, inventors,
artists, and other gifted citizens to their intellectual property and creations, particularly when
beneficial to the people, for such period as may be provided by law.

Arts and Culture

SECTION 14. The State shall foster the preservation, enrichment, and dynamic evolution of a
Filipino national culture based on the principle of unity in diversity in a climate of free artistic
and intellectual expression.

SECTION 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation’s historical and cultural heritage and resources, as well as
artistic creations.

SECTION 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the
nation and shall be under the protection of the State which may regulate its disposition.

SECTION 17. The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions. It shall consider
these rights in the formulation of national plans and policies.

SECTION 18. (1) The State shall ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and other incentives,
and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Sports

SECTION 19. (1) The State shall promote physical education and encourage sports programs,
league competitions, and amateur sports, including training for international competitions, to
foster self-discipline, teamwork, and excellence for the development of a healthy and alert
citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.
 ARTICLE XV

The Family

SECTION 1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the State.

SECTION 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them.

SECTION 4. The family has the duty to care for its elderly members but the State may also do so
through just programs of social security.

ARTICLE XVI

General Provisions

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

SECTION 2. The Congress may, by law, adopt a new name for the country, a national anthem,
or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and
traditions of the people. Such law shall take effect only upon its ratification by the people in a
national referendum.

SECTION 3. The State may not be sued without its consent.

SECTION 4. The Armed Forces of the Philippines shall be composed of a citizen armed force
which shall undergo military training and serve, as may be provided by law. It shall keep a
regular force necessary for the security of the State.
SECTION 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and
defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military,
and respect for people’s rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members
shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage directly or indirectly in any partisan political activity,
except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or
designated in any capacity to a civilian position in the Government including government-owned
or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited
proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years.
However, in times of war or other national emergency declared by the Congress, the President
may extend such tour of duty.

SECTION 6. The State shall establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a national police
commission. The authority of local executives over the police units in their jurisdiction shall be
provided by law.

SECTION 7. The State shall provide immediate and adequate care, benefits, and other forms of
assistance to war veterans and veterans of military campaigns, their surviving spouses and
orphans. Funds shall be provided therefor and due consideration shall be given them in the
disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization
of natural resources.

SECTION 8. The State shall, from time to time, review to upgrade the pensions and other
benefits due to retirees of both the government and the private sectors.

SECTION 9. The State shall protect consumers from trade malpractices and from substandard or
hazardous products.

SECTION 10. The State shall provide the policy environment for the full development of
Filipino capability and the emergence of communication structures suitable to the needs and
aspirations of the nation and the balanced flow of information into, out of, and across the
country, in accordance with a policy that respects the freedom of speech and of the press.
SECTION 11. (1) The ownership and management of mass media shall be limited to citizens of
the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by
such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires. No combinations in restraint of trade or unfair competition therein shall be
allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for
the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of
which is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be
limited to their proportionate share in the capital thereof, and all the executive and managing
officers of such entities must be citizens of the Philippines.

SECTION 12. The Congress may create a consultative body to advise the President on policies
affecting indigenous cultural communities, the majority of the members of which shall come
from such communities.

ARTICLE XVII

Amendments or Revisions

SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

SECTION 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.
SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.

ARTICLE XVIII

Transitory Provisions

SECTION 1. The first elections of Members of the Congress under this Constitution shall be
held on the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan Manila area.

SECTION 2. The Senators, Members of the House of Representatives, and the local officials
first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the election of 1992, the first twelve obtaining the highest number of
votes shall serve for six years and the remaining twelve for three years.

SECTION 3. All existing laws, decrees, executive orders, proclamations, letters of instructions,
and other executive issuances not inconsistent with this Constitution shall remain operative until
amended, repealed, or revoked.

SECTION 4. All existing treaties or international agreements which have not been ratified shall
not be renewed or extended without the concurrence of at least two-thirds of all the Members of
the Senate.

SECTION 5. The six-year term of the incumbent President and Vice-President elected in the
February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to
noon of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be
held on the second Monday of May, 1992.

SECTION 6. The incumbent President shall continue to exercise legislative powers until the first
Congress is convened.

SECTION 7. Until a law is passed, the President may fill by appointment from a list of nominees
by the respective sectors the seats reserved for sectoral representation in paragraph (2), Section 5
of Article VI of this Constitution.
SECTION 8. Until otherwise provided by the Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government units comprising the
Metropolitan Manila area.

SECTION 9. A sub-province shall continue to exist and operate until it is converted into a
regular province or until its component municipalities are reverted to the mother province.

SECTION 10. All courts existing at the time of the ratification of this Constitution shall continue
to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing
Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall
remain operative unless amended or repealed by the Supreme Court or the Congress.

SECTION 11. The incumbent Members of the Judiciary shall continue in office until they reach
the age of seventy years or become incapacitated to discharge the duties of their office or are
removed for cause.

SECTION 12. The Supreme Court shall, within one year after the ratification of this
Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to the effectivity of this Constitution. A
similar plan shall be adopted for all special courts and quasi-judicial bodies.

SECTION 13. The legal effect of the lapse, before the ratification of this Constitution, of the
applicable period for the decision or resolution of the cases or matters submitted for adjudication
by the courts, shall be determined by the Supreme Court as soon as practicable.

SECTION 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed before the ratification of this Constitution, when
the applicable period lapses after such ratification.

SECTION 15. The incumbent Members of the Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall continue in office for one year after the ratification
of this Constitution, unless they are sooner removed for cause or become incapacitated to
discharge the duties of their office or appointed to a new term thereunder. In no case shall any
Member serve longer than seven years including service before the ratification of this
Constitution.

SECTION 16. Career civil service employees separated from the service not for cause but as a
result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this Constitution shall be entitled to appropriate
separation pay and to retirement and other benefits accruing to them under the laws of general
application in force at the time of their separation. In lieu thereof, at the option of the employees,
they may be considered for employment in the Government or in any of its subdivisions,
instrumentalities, or agencies, including government-owned or controlled corporations and their
subsidiaries. This provision also applies to career officers whose resignation, tendered in line
with the existing policy, had been accepted.
SECTION 17. Until the Congress provides otherwise, the President shall receive an annual
salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the
Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two
hundred forty thousand pesos each; the Senators, the Members of the House of Representatives,
the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each.

SECTION 18. At the earliest possible time, the Government shall increase the salary scales of
the other officials and employees of the National Government.

SECTION 19. All properties, records, equipment, buildings, facilities, and other assets of any
office or body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this
Constitution shall be transferred to the office or body to which its powers, functions, and
responsibilities substantially pertain.

SECTION 20. The first Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.

SECTION 21. The Congress shall provide efficacious procedures and adequate remedies for the
reversion to the State of all lands of the public domain and real rights connected therewith which
were acquired in violation of the Constitution or the public land laws, or through corrupt
practices. No transfer or disposition of such lands or real rights shall be allowed until after the
lapse of one year from the ratification of this Constitution.

SECTION 22. At the earliest possible time, the Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian
reform program.

SECTION 23. Advertising entities affected by paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino ownership requirement therein.

SECTION 24. Private armies and other armed groups not recognized by duly constituted
authority shall be dismantled. All paramilitary forces including Civilian Home Defense Forces
not consistent with the citizen armed force established in this Constitution, shall be dissolved or,
where appropriate, converted into the regular force.

SECTION 25. After the expiration in 1991 of the Agreement between the Republic of the
Philippines and the United States of America concerning Military Bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in
by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the
people in a national referendum held for that purpose, and recognized as a treaty by the other
contracting State.
 SECTION 26. The authority to issue sequestration or freeze orders under Proclamation No. 3
dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for
not more than eighteen months after the ratification of this Constitution. However, in the national
interest, as certified by the President, the Congress may extend said period.

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The
order and the list of the sequestered or frozen properties shall forthwith be registered with the
proper court. For orders issued before the ratification of this Constitution, the corresponding
judicial action or proceeding shall be filed within six months from its ratification. For those
issued after such ratification, the judicial action or proceeding shall be commenced within six
months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or

proceeding is commenced as herein provided.

SECTION 27. This Constitution shall take effect immediately upon its ratification by a majority
of the votes cast in a plebiscite held for the purpose and shall supersede all previous
Constitutions.

Ratified: February 2, 1987

Source: CDAsia

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OFFICIAL GAZETTE OF THE REPUBLIC

OF THE PHILIPPINES
NES UNDER COMMONWEALTH ACT NO. 638
 HOME
 PHILIPPINE CONSTITUTIONS
 THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The Constitution of the Republic of the

Philippines
PREAMBLE

ARTICLE I National Territory

ARTICLE II Declaration of Principles and State Policies

ARTICLE III Bill of Rights

ARTICLE IV Citizenship

ARTICLE V Suffrage

ARTICLE VI Legislative Department

ARTICLE VII Executive Department

ARTICLE VIII Judicial Department

ARTICLE IX Constitutional Commissions

ARTICLE X Local Government

ARTICLE XI Accountability of Public Officers

ARTICLE XII National Economy and Patrimony

ARTICLE XIII Social Justice and Human Rights

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

ARTICLE XV The Family

ARTICLE XVI General Provisions

ARTICLE XVII Amendments or Revisions

ARTICLE XVIII Transitory Provisions

Principles

THE 1987 CONSTITUTION

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
 ARTICLE I

National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of
the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.

SECTION 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal military or civil
service.

SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property,
and the promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.

SECTION 6. The separation of Church and State shall be inviolable.

State Policies

SECTION 7. The State shall pursue an independent foreign policy. In its relations with other
states the paramount consideration shall be national sovereignty, territorial integrity, national
interest, and the right to self-determination.
SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy
of freedom from nuclear weapons in its territory.

SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.

SECTION 10. The State shall promote social justice in all phases of national development.

SECTION 11. The State values the dignity of every human person and guarantees full respect for
human rights.

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen
the family as a basic autonomous social institution. It shall equally protect the life of the mother
and the life of the unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral character shall receive
the support of the Government.

SECTION 13. The State recognizes the vital role of the youth in nation-building and shall
promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.

SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

SECTION 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.

SECTION 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

SECTION 17. The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.

SECTION 18. The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.

SECTION 19. The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

SECTION 20. The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.
SECTION 21. The State shall promote comprehensive rural development and agrarian reform.

SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

SECTION 23. The State shall encourage non-governmental, community-based, or sectoral

organizations that promote the welfare of the nation.

SECTION 24. The State recognizes the vital role of communication and information in nation-
building.

SECTION 25. The State shall ensure the autonomy of local governments.

SECTION 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.

SECTION 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.

SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE III

Bill of Rights

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

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.

SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise as prescribed by
law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for redress of
grievances.
SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be required
for the exercise of civil or political rights.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or public health, as may be
provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by law.

SECTION 8. The right of the people, including those employed in the public and private sectors,
to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

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

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

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

SECTION 12. (1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.
SECTION 14. (1) No person shall be held to answer for a criminal offense without due process
of law.

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

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when the public safety requires it.

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

SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

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

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted.

ARTICLE IV

Citizenship
SECTION 1. The following are citizens of the Philippines:

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

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

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and

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

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.

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

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.

SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law.

ARTICLE V

Suffrage

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at least six
months immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.

SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

ARTICLE VI

The Legislative Department

SECTION 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

SECTION 2. The Senate shall be composed of twenty-four Senators who shall be elected at large
by the qualified voters of the Philippines, as may be provided by law.

SECTION 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines,

and, on the day of the election, is at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not less than two years immediately
preceding the day of the election.

SECTION 4. The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the continuity of his service
for the full term for which he was elected.

SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with
the number of their respective inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided by
law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.

SECTION 6. No person shall be a Member of the House of Representatives unless he is a

natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years
of age, able to read and write, and, except the party-list representatives, a registered voter in the
district in which he shall be elected, and a resident thereof for a period of not less than one year
immediately preceding the day of the election.
SECTION 7. The Members of the House of Representatives shall be elected for a term of three
years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June
next following their election.

No member of the House of Representatives shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.

SECTION 8. Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of May.

SECTION 9. In case of vacancy in the Senate or in the House of Representatives, a special

election may be called to fill such vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve only for the unexpired term.

SECTION 10. The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after the expiration of
the full term of all the Members of the Senate and the House of Representatives approving such
increase.

SECTION 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any committee thereof.

SECTION 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.

SECTION 13. No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.

SECTION 14. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may be called upon to
act on account of his office.
SECTION 15. The Congress shall convene once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law, and shall continue to be in session for
such number of days as it may determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special
session at any time.

SECTION 16. (1) The Senate shall elect its President and the House of Representatives its
Speaker, by a majority vote of all its respective Members.

Each House shall choose such other officers as it may deem necessary.

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

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.

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

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the two Houses shall
be sitting.

SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from the
political parties and parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session days of the
Congress from their submission. The Commission shall rule by a majority vote of all the
Members.
SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of Representatives shall have been
organized with the election of the President and the Speaker. The Commission on Appointments
shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved and be open
to the public in accordance with law, and such books shall be audited by the Commission on
Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for
each Member.

SECTION 21. The Senate or the House of Representatives or any of its respective committees
may conduct inquiries in aid of legislation in accordance with its duly published rules of
procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

SECTION 22. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the security of the State
or the public interest so requires and the President so states in writing, the appearance shall be
conducted in executive session.

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the existence of a state of war.

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

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.

SECTION 25. (1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law.

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

(3) The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised by a
corresponding revenue proposed therein.

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

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public
purposes to be supported by appropriate vouchers and subject to such guidelines as may be
prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.

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

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all
the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the names of the Members voting for or
against shall be entered in its Journal. The President shall communicate his veto of any bill to the
House where it originated within thirty days after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it.

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

SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve
a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within specified limits, and subject
to such limitations and restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts within the framework of the national
development program of the Government.

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

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

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.

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

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

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or law or part thereof passed by the Congress or local
legislative body after the registration of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.

ARTICLE VII

Executive Department

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

SECTION 2. No person may be elected President unless he is a natural-born citizen of the

Philippines, a registered voter, able to read and write, at least forty years of age on the day of the
election, and a resident of the Philippines for at least ten years immediately preceding such
election.

SECTION 3. There shall be a Vice-President who shall have the same qualifications and term of
office and be elected with and in the same manner as the President. He may be removed from
office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.

SECTION 4. The President and the Vice-President shall be elected by direct vote of the people
for a term of six years which shall begin at noon on the thirtieth day of June next following the
day of the election and shall end at noon of the same date six years thereafter. The President shall
not be eligible for any reelection. No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in the continuity of the
service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be
held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the election, open all certificates in the presence
of the Senate and the House of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case two or
more shall have an equal and highest number of votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of both Houses of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice- President, and may promulgate its rules for
the purpose.

SECTION 5. Before they enter on the execution of their office, the President, the Vice-President,
or the Acting President shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as
President (or Vice-President or Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and consecrate myself to the service of
the Nation. So help me God.” (In case of affirmation, last sentence will be omitted.)

SECTION 6. The President shall have an official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be decreased during their tenure. No
increase in said compensation shall take effect until after the expiration of the term of the
incumbent during which such increase was approved. They shall not receive during their tenure
any other emolument from the Government or any other source.

SECTION 7. The President-elect and the Vice-President-elect shall assume office at the
beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until the
President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a
President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall have
become permanently disabled, the Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where
both shall have died or become permanently disabled, the President of the Senate or, in case of
his inability, the Speaker of the House of Representatives shall act as President until a President
or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President shall
be selected until a President or a Vice-President shall have qualified, in case of death, permanent
disability, or inability of the officials mentioned in the next preceding paragraph.

SECTION 8. In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term. In case of
death, permanent disability, removal from office, or resignation of both the President and Vice-
President, the President of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or Vice-President shall have been
elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the President or the Vice-
President shall have been elected and qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.

SECTION 9. Whenever there is a vacancy in the Office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice-President from among the Members of
the Senate and the House of Representatives who shall assume office upon confirmation by a
majority vote of all the Members of both Houses of the Congress, voting separately.
SECTION 10. The Congress shall, at ten o’clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance with its
rules without need of a call and within seven days enact a law calling for a special election to
elect a President and a Vice-President to be held not earlier than forty-five days nor later than
sixty days from the time of such call. The bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law
upon its approval on third reading by the Congress. Appropriations for the special election shall
be charged against any current appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot
be suspended nor the special election postponed. No special election shall be called if the
vacancy occurs within eighteen months before the date of the next presidential election.

SECTION 11. Whenever the President transmits to the President of the Senate and the Speaker
of the House of Representatives his written declaration that he is unable to discharge the powers
and duties of his office, and until he transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate
and to the Speaker of the House of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice-President shall immediately
assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the
House of Representatives his written declaration that no inability exists, he shall reassume the
powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet
transmit within five days to the President of the Senate and to the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and
duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its rules and without
need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in session,
within twelve days after it is required to assemble, determines by a two-thirds vote of both
Houses, voting separately, that the President is unable to discharge the powers and duties of his
office, the Vice-President shall act as the President; otherwise, the President shall continue
exercising the powers and duties of his office.

SECTION 12. In case of serious illness of the President, the public shall be informed of the state
of his health. The Members of the Cabinet in charge of national security and foreign relations
and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the
President during such illness.

SECTION 13. The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned or controlled corporations and their
subsidiaries.

SECTION 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President within ninety days from his assumption or reassumption of
office.

SECTION 15. Two months immediately before the next presidential elections and up to the end
of his term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.

SECTION 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not otherwise provided for
by law, and those whom he may be authorized by law to appoint. The Congress may, by law,
vest the appointment of other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until after
disapproval by the Commission on Appointments or until the next adjournment of the Congress.

SECTION 17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.

SECTION 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public
safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-
eight hours from the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus, the President shall submit a report in person or in writing to the Congress. The
Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension, which revocation shall not be set aside by
the President. Upon the initiative of the President, the Congress may, in the same manner, extend
such proclamation or suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or
suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to function,
nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.

SECTION 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after
conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress.

SECTION 20. The President may contract or guarantee foreign loans on behalf of the Republic
of the Philippines with the prior concurrence of the Monetary Board, and subject to such
limitations as may be provided by law. The Monetary Board shall, within thirty days from the
end of every quarter of the calendar year, submit to the Congress a complete report of its
decisions on applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect of increasing the
foreign debt, and containing other matters as may be provided by law.

SECTION 21. No treaty or international agreement shall be valid and effective unless concurred
in by at least two-thirds of all the Members of the Senate.

SECTION 22. The President shall submit to the Congress within thirty days from the opening of
every regular session, as the basis of the general appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing and proposed revenue measures.

SECTION 23. The President shall address the Congress at the opening of its regular session. He
may also appear before it at any other time.
 ARTICLE VIII

Judicial Department

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

Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.

SECTION 2. The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may
not be reduced by the legislature below the amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.

SECTION 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven
Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those involving the constitutionality,
application, or operation of presidential decrees, proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the concurrence of a majority of the Members who
actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case and
voted thereon, and in no case, without the concurrence of at least three of such Members. When
the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine
or principle of law laid down by the court in a decision rendered en banc or in division may be
modified or reversed except by the court sitting en banc.

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

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:

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

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

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

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

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

(3) Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.

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

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.

SECTION 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme
Court must be at least forty years of age, and must have been for fifteen years or more a judge of
a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may
be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.

(2) The regular Members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by
the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for
the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.

SECTION 9. The Members of the Supreme Court and judges of lower courts shall be appointed
by the President from a list of at least three nominees prepared by the Judicial and Bar Council
for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the
submission of the list.

SECTION 10. The salary of the Chief Justice and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During their continuance in office,
their salary shall not be decreased.

SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold office
during good behavior until they reached the age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted thereon.

SECTION 12. The Members of the Supreme Court and of other courts established by law shall
not be designated to any agency performing quasi-judicial or administrative functions.

SECTION 13. The conclusions of the Supreme Court in any case submitted to it for decision en
banc or in division shall be reached in consultation before the case is assigned to a Member for
the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice
shall be issued and a copy thereof attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from a decision or resolution must
state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

SECTION 14. No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused
due course or denied without stating the legal basis therefor.

SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for the Supreme Court,
and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and
three months for all other lower courts.

(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pending, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the
record of the case or matter, and served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination, without further delay.

SECTION 16. The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.

ARTICLE IX

Constitutional Commissions

A. Common Provisions

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

SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold any
other office or employment. Neither shall he engage in the practice of any profession or in the
active management or control of any business which in any way be affected by the functions of
his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.

SECTION 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall
not be decreased during their tenure.

SECTION 4. The Constitutional Commissions shall appoint their officials and employees in
accordance with law.

SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.

SECTION 6. Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules however shall not diminish, increase, or
modify substantive rights.

SECTION 7. Each Commission shall decide by a majority vote of all its Members any case or
matter brought before it within sixty days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this Constitution or by law, any decision,
order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt of a copy thereof.

SECTION 8. Each Commission shall perform such other functions as may be provided by law.

B. The Civil Service Commission

SECTION 1. (1) The Civil Service shall be administered by the Civil Service Commission
composed of a Chairman and two Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years of age, with proven
capacity for public administration, and must not have been candidates for any elective position in
the elections immediately preceding their appointment.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and
another Commissioner for three years, without reappointment. Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

SECTION 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled corporations with
original charters.
(2) Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except to positions which are policy-determining,
primarily confidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause
provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided
by law.

SECTION 3. The Civil Service Commission, as the central personnel agency of the Government,
shall establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit
and rewards system, integrate all human resources development programs for all levels and
ranks, and institutionalize a management climate conducive to public accountability. It shall
submit to the President and the Congress an annual report on its personnel programs.

SECTION 4. All public officers and employees shall take an oath or affirmation to uphold and
defend this Constitution.

SECTION 5. The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities pertaining to, and the
qualifications required for their positions.

SECTION 6. No candidate who has lost in any election shall, within one year after such election,
be appointed to any office in the Government or any government-owned or controlled
corporations or in any of their subsidiaries.

SECTION 7. No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive
official shall hold any other office or employment in the Government or any subdivision, agency
or instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries.

SECTION 8. No elective or appointive public officer or employee shall receive additional,

double, or indirect compensation, unless specifically authorized by law, nor accept without the
consent of the Congress, any present, emolument, office, or title of any kind from any foreign
government.
Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

C. The Commission on Elections

SECTION 1. (1) There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged
in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, three Members shall hold office for seven years, two Members for five years, and the
last Members for three years, without reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

SECTION 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction
over all contests involving elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective
municipal and barangay offices shall be final, executory, and not appealable.

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

(4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in
addition to other requirements, must present their platform or program of government; and
accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall
not be registered. Those which seek to achieve their goals through violence or unlawful means,
or refuse to uphold and adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections constitute interference in national
affairs, and, when accepted, shall be an additional ground for the cancellation of their registration
with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election
laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to its
directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or recall.

SECTION 3. The Commission on Elections may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to expedite disposition of election cases, including pre-
proclamation controversies. All such election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions shall be decided by the Commission en
banc.

SECTION 4. The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of transportation and other
public utilities, media of communication or information, all grants, special privileges, or
concessions granted by the Government or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation or its subsidiary. Such supervision or
regulation shall aim to ensure equal opportunity, time, and space, and the right to reply,
including reasonable, equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly, honest, peaceful, and
credible elections.

SECTION 5. No pardon, amnesty, parole, or suspension of sentence for violation of election

laws, rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.

SECTION 6. A free and open party system shall be allowed to evolve according to the free
choice of the people, subject to the provisions of this Article.

SECTION 7. No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.
SECTION 8. Political parties, or organizations or coalitions registered under the party-list
system, shall not be represented in the voters’ registration boards, boards of election inspectors,
boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll
watchers in accordance with law.

SECTION 9. Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of the election and shall end thirty days after.

SECTION 10. Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

SECTION 11. Funds certified by the Commission as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be
provided in the regular or special appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the Commission.

D. Commission on Audit

SECTION 1. (1) There shall be a Commission on Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, certified public accountants with not less than ten
years of auditing experience, or members of the Philippine Bar who have been engaged in the
practice of law for at least ten years, and must not have been candidates for any elective position
in the elections immediately preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those first
appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and
the other Commissioner for three years, without reappointment. Appointment to any vacancy
shall be only for the unexpired portion of the term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or acting capacity.

SECTION 2. (1) The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures
or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any
of its subdivisions, agencies, or instrumentalities, including government-owned or controlled
corporations with original charters, and on a post-audit basis: (a) constitutional bodies,
commissions and offices that have been granted fiscal autonomy under this Constitution; (b)
autonomous state colleges and universities; (c) other government-owned or controlled
corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or
equity, directly or indirectly, from or through the Government, which are required by law or the
granting institution to submit to such audit as a condition of subsidy or equity. However, where
the internal control system of the audited agencies is inadequate, the Commission may adopt
such measures, including temporary or special pre-audit, as are necessary and appropriate to
correct the deficiencies. It shall keep the general accounts of the Government and, for such
period as may be provided by law, preserve the vouchers and other supporting papers pertaining
thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods required
therefor, and promulgate accounting and auditing rules and regulations, including those for the
prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable
expenditures, or uses of government funds and properties.

SECTION 3. No law shall be passed exempting any entity of the Government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the Commission
on Audit.

SECTION 4. The Commission shall submit to the President and the Congress, within the time
fixed by law, an annual report covering the financial condition and operation of the Government,
its subdivisions, agencies, and instrumentalities, including government-owned or controlled
corporations, and non-governmental entities subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency. It shall submit such other reports as may
be required by law.

ARTICLE X

Local Government

General Provisions

SECTION 1. The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter provided.

SECTION 2. The territorial and political subdivisions shall enjoy local autonomy.

SECTION 3. The Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate among
the different local government units their powers, responsibilities, and resources, and provide for
the qualifications, election, appointment and removal, term, salaries, powers and functions and
duties of local officials, and all other matters relating to the organization and operation of the
local units.

SECTION 4. The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays shall ensure that the acts of their component
units are within the scope of their prescribed powers and functions.
SECTION 5. Each local government unit shall have the power to create its own sources of
revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local governments.

SECTION 6. Local government units shall have a just share, as determined by law, in the
national taxes which shall be automatically released to them.

SECTION 7. Local governments shall be entitled to an equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by way of direct benefits.

SECTION 8. The term of office of elective local officials, except barangay officials, which shall
be determined by law, shall be three years and no such official shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for which he was
elected.

SECTION 9. Legislative bodies of local governments shall have sectoral representation as may
be prescribed by law.

SECTION 10. No province, city, municipality, or barangay may be created, divided, merged,
abolished, or its boundary substantially altered, except in accordance with the criteria established
in the Local Government Code and subject to approval by a majority of the votes cast in a
plebiscite in the political units directly affected.

SECTION 11. The Congress may, by law, create special metropolitan political subdivisions,
subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities
shall retain their basic autonomy and shall be entitled to their own local executives and
legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created
shall be limited to basic services requiring coordination.

SECTION 12. Cities that are highly urbanized, as determined by law, and component cities
whose charters prohibit their voters from voting for provincial elective officials, shall be
independent of the province. The voters of component cities within a province, whose charters
contain no such prohibition, shall not be deprived of their right to vote for elective provincial
officials.

SECTION 13. Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources for purposes commonly beneficial to them in accordance with
law.

SECTION 14. The President shall provide for regional development councils or other similar
bodies composed of local government officials, regional heads of departments and other
government offices, and representatives from non-governmental organizations within the regions
for purposes of administrative decentralization to strengthen the autonomy of the units therein
and to accelerate the economic and social growth and development of the units in the region.

Autonomous Region

SECTION 15. There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, and
other relevant characteristics within the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic of the Philippines.

SECTION 16. The President shall exercise general supervision over autonomous regions to
ensure that the laws are faithfully executed.

SECTION 17. All powers, functions, and responsibilities not granted by this Constitution or by
law to the autonomous regions shall be vested in the National Government.

SECTION 18. The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of representatives
appointed by the President from a list of nominees from multisectoral bodies. The organic act
shall define the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and representative of the
constituent political units. The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the provisions of this Constitution
and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes
cast by the constituent units in a plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite shall be included in the
autonomous region.

SECTION 19. The first Congress elected under this Constitution shall, within eighteen months
from the time of organization of both Houses, pass the organic acts for the autonomous regions
in Muslim Mindanao and the Cordilleras.

SECTION 20. Within its territorial jurisdiction and subject to the provisions of this Constitution
and national laws, the organic act of autonomous regions shall provide for legislative powers
over:

(1) Administrative organization;

(2) Creation of sources of revenues;

(3) Ancestral domain and natural resources;

(4) Personal, family, and property relations;

(5) Regional urban and rural planning development;

(6) Economic, social, and tourism development;

(7) Educational policies;

(8) Preservation and development of the cultural heritage; and

(9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.

SECTION 21. The preservation of peace and order within the regions shall be the responsibility
of the local police agencies which shall be organized, maintained, supervised, and utilized in
accordance with applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.

ARTICLE XI

Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest lives.

SECTION 2. The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be removed from office,
on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, but not by impeachment.

SECTION 3. (1) The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of
Representatives or by any citizen upon a resolution of endorsement by any Member thereof,
which shall be included in the Order of Business within ten session days, and referred to the
proper Committee within three session days thereafter. The Committee, after hearing, and by a
majority vote of all its Members, shall submit its report to the House within sixty session days
from such referral, together with the corresponding resolution. The resolution shall be calendared
for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to
affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of Impeachment, and trial by
the Senate shall forthwith proceed.

(5) No impeachment proceedings shall be initiated against the same official more than once
within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When
sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all the Members of the
Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted
shall nevertheless be liable and subject to prosecution, trial, and punishment according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose
of this section.

SECTION 4. The present anti-graft court known as the Sandiganbayan shall continue to function
and exercise its jurisdiction as now or hereafter may be provided by law.

SECTION 5. There is hereby created the independent Office of the Ombudsman, composed of
the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each
for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may
likewise be appointed.

SECTION 6. The officials and employees of the Office of the Ombudsman, other than the
Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.

SECTION 7. The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman created under this
Constitution.

SECTION 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been candidates for any
elective office in the immediately preceding election. The Ombudsman must have for ten years
or more been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article IX-A of this Constitution.
SECTION 9. The Ombudsman and his Deputies shall be appointed by the President from a list of
at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees
for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies
shall be filled within three months after they occur.

SECTION 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same salary, which
shall not be decreased during their term of office.

SECTION 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.

SECTION 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly
on complaints filed in any form or manner against public officials or employees of the
Government, or any subdivision, agency or instrumentality thereof, including government-owned
or controlled corporations, and shall, in appropriate cases, notify the complainants of the action
taken and the result thereof.

SECTION 13. The Office of the Ombudsman shall have the following powers, functions, and
duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite any
act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the
performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at
fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may
be provided by law, to furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of
its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law.

SECTION 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

SECTION 15. The right of the State to recover properties unlawfully acquired by public officials
or employees, from them or from their nominees or transferees, shall not be barred by
prescription, laches, or estoppel.

SECTION 16. No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or controlled bank or
financial institution to the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any
firm or entity in which they have controlling interest, during their tenure.

SECTION 17. A public officer or employee shall, upon assumption of office and as often
thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and
net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law.

SECTION 18. Public officers and employees owe the State and this Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or acquire the
status of an immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XII

National Economy and Patrimony

SECTION 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding productivity as the key to
raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human
and natural resources, and which are competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises against unfair foreign competition and trade
practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be
given optimum opportunity to develop. Private enterprises, including corporations, cooperatives,
and similar collective organizations, shall be encouraged to broaden the base of their ownership.

SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or associations at least sixty per centum of
whose capital is owned by such citizens. Such agreements may be for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of water power, beneficial use may be the
measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in
rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of the
country. In such agreements, the State shall promote the development and use of local scientific
and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.

SECTION 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses which they may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or associations may not hold such alienable
lands of the public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more
than twelve hectares thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to
the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of
the public domain which may be acquired, developed, held, or leased and the conditions therefor.
SECTION 4. The Congress shall, as soon as possible, determine by law the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such
forest lands and national parks shall be conserved and may not be increased nor diminished,
except by law. The Congress shall provide, for such period as it may determine, measures to
prohibit logging in endangered forests and watershed areas.

SECTION 5. The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain.

SECTION 6. The use of property bears a social function, and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the State to promote distributive justice and
to intervene when the common good so demands.

SECTION 7. Save in cases of hereditary succession, no private lands shall be transferred or

conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of
the public domain.

SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen

of the Philippines who has lost his Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law.

SECTION 9. The Congress may establish an independent economic and planning agency headed
by the President, which shall, after consultations with the appropriate public agencies, various
private sectors, and local government units, recommend to Congress, and implement continuing
integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall
function as the independent planning agency of the government.

SECTION 10. The Congress shall, upon recommendation of the economic and planning agency,
when the national interest dictates, reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain areas of investments. The Congress shall enact
measures that will encourage the formation and operation of enterprises whose capital is wholly
owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony,
the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.

SECTION 11. No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations or
associations organized under the laws of the Philippines at least sixty per centum of whose
capital is owned by such citizens, nor shall such franchise, certificate, or authorization be
exclusive in character or for a longer period than fifty years. Neither shall any such franchise or
right be granted except under the condition that it shall be subject to amendment, alteration, or
repeal by the Congress when the common good so requires. The State shall encourage equity
participation in public utilities by the general public. The participation of foreign investors in the
governing body of any public utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or association must be
citizens of the Philippines.

SECTION 12. The State shall promote the preferential use of Filipino labor, domestic materials
and locally produced goods, and adopt measures that help make them competitive.

SECTION 13. The State shall pursue a trade policy that serves the general welfare and utilizes
all forms and arrangements of exchange on the basis of equality and reciprocity.

SECTION 14. The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.

SECTION 15. The Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.

SECTION 16. The Congress shall not, except by general law, provide for the formation,
organization, or regulation of private corporations. Government-owned or controlled
corporations may be created or established by special charters in the interest of the common
good and subject to the test of economic viability.

SECTION 17. In times of national emergency, when the public interest so requires, the State
may, during the emergency and under reasonable terms prescribed by it, temporarily take over or
direct the operation of any privately owned public utility or business affected with public
interest.

SECTION 18. The State may, in the interest of national welfare or defense, establish and operate
vital industries and, upon payment of just compensation, transfer to public ownership utilities
and other private enterprises to be operated by the Government.
SECTION 19. The State shall regulate or prohibit monopolies when the public interest so
requires. No combinations in restraint of trade or unfair competition shall be allowed.

SECTION 20. The Congress shall establish an independent central monetary authority, the
members of whose governing board must be natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom shall come from the private sector. They shall
also be subject to such other qualifications and disabilities as may be prescribed by law. The
authority shall provide policy direction in the areas of money, banking, and credit. It shall have
supervision over the operations of banks and exercise such regulatory powers as may be
provided by law over the operations of finance companies and other institutions performing
similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines, operating under
existing laws, shall function as the central monetary authority.

SECTION 21. Foreign loans may only be incurred in accordance with law and the regulation of
the monetary authority. Information on foreign loans obtained or guaranteed by the Government
shall be made available to the public.

SECTION 22. Acts which circumvent or negate any of the provisions of this Article shall be
considered inimical to the national interest and subject to criminal and civil sanctions, as may be
provided by law.

ARTICLE XIII

Social Justice and Human Rights

SECTION 1. The Congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for
the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property
and its increments.

SECTION 2. The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

Labor

SECTION 3. The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers
and the preferential use of voluntary modes in settling disputes, including conciliation, and shall
enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of
labor to its just share in the fruits of production and the right of enterprises to reasonable returns
on investments, and to expansion and growth.

Agrarian and Natural Resources Reform

SECTION 4. The State shall, by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers, who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the just distribution of all agricultural lands, subject
to such priorities and reasonable retention limits as the Congress may prescribe, taking into
account ecological, developmental, or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary land-sharing.

SECTION 5. The State shall recognize the right of farmers, farmworkers, and landowners, as
well as cooperatives, and other independent farmers’ organizations to participate in the planning,
organization, and management of the program, and shall provide support to agriculture through
appropriate technology and research, and adequate financial, production, marketing, and other
support services.

SECTION 6. The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers, and the rights of indigenous communities to their
ancestral lands.

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

SECTION 7. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of local marine and fishing resources, both inland and
offshore. It shall provide support to such fishermen through appropriate technology and research,
adequate financial, production, and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share
from their labor in the utilization of marine and fishing resources.
SECTION 8. The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment creation, and privatization of
public sector enterprises. Financial instruments used as payment for their lands shall be honored
as equity in enterprises of their choice.

Urban Land Reform and Housing

SECTION 9. The State shall, by law, and for the common good, undertake, in cooperation with
the public sector, a continuing program of urban land reform and housing which will make
available at affordable cost decent housing and basic services to underprivileged and homeless
citizens in urban centers and resettlements areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of such program the State shall respect the
rights of small property owners.

SECTION 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished,
except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation

with them and the communities where they are to be relocated.

Health

SECTION 11. The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide
free medical care to paupers.

SECTION 12. The State shall establish and maintain an effective food and drug regulatory
system and undertake appropriate health manpower development and research, responsive to the
country’s health needs and problems.

SECTION 13. The State shall establish a special agency for disabled persons for rehabilitation,
self-development and self-reliance, and their integration into the mainstream of society.

Women

SECTION 14. The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and opportunities that
will enhance their welfare and enable them to realize their full potential in the service of the
nation.

Role and Rights of People’s Organizations

SECTION 15. The State shall respect the role of independent people’s organizations to enable
the people to pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.

People’s organizations are bona fide associations of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership, membership, and structure.

SECTION 16. The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the establishment of adequate consultation
mechanisms.

Human Rights

SECTION 17. (1) There is hereby created an independent office called the Commission on
Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-
born citizens of the Philippines and a majority of whom shall be members of the Bar. The term
of office and other qualifications and disabilities of the Members of the Commission shall be
provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights
shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly
released.

SECTION 18. The Commission on Human Rights shall have the following powers and
functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within
the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and
legal aid services to the underprivileged whose human rights have been violated or need
protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for
the primacy of human rights;
(6) Recommend to the Congress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government’s compliance with international treaty obligations on
human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its
functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

SECTION 19. The Congress may provide for other cases of violations of human rights that
should fall within the authority of the Commission, taking into account its recommendations.

ARTICLE XIV

Education, Science and Technology, Arts, Culture, and Sports

Education

SECTION 1. The State shall protect and promote the right of all citizens to quality education at
all levels and shall take appropriate steps to make such education accessible to all.

SECTION 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary and high school
levels. Without limiting the natural right of parents to rear their children, elementary education is
compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and
other incentives which shall be available to deserving students in both public and private schools,
especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.

SECTION 3. (1) All educational institutions shall include the study of the Constitution as part of
the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human
rights, appreciation of the role of national heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral
character and personal discipline, encourage critical and creative thinking, broaden scientific and
technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be
taught to their children or wards in public elementary and high schools within the regular class
hours by instructors designated or approved by the religious authorities of the religion to which
the children or wards belong, without additional cost to the Government.

SECTION 4. (1) The State recognizes the complementary roles of public and private institutions
in the educational system and shall exercise reasonable supervision and regulation of all
educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards,
shall be owned solely by citizens of the Philippines or corporations or associations at least sixty
per centum of the capital of which is owned by such citizens. The Congress may, however,
require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the
Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in any school. The provisions of this subsection
shall not apply to schools established for foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon
the dissolution or cessation of the corporate existence of such institutions, their assets shall be
disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may likewise be

entitled to such exemptions subject to the limitations provided by law including restrictions on
dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions
used actually, directly, and exclusively for educational purposes shall be exempt from tax.
SECTION 5. (1) The State shall take into account regional and sectoral needs and conditions and
shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable,
and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching
academic and non-academic personnel shall enjoy the protection of the State.

(5) The State shall assign the highest budgetary priority to education and ensure that teaching
will attract and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.

Language

SECTION 6. The national language of the Philippines is Filipino. As it evolves, it shall be

further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall
take steps to initiate and sustain the use of Filipino as a medium of official communication and
as language of instruction in the educational system.

SECTION 7. For purposes of communication and instruction, the official languages of the
Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall serve as
auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

SECTION 8. This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.

SECTION 9. The Congress shall establish a national language commission composed of

representatives of various regions and disciplines which shall undertake, coordinate, and promote
researches for the development, propagation, and preservation of Filipino and other languages.

Science and Technology

SECTION 10. Science and technology are essential for national development and progress. The
State shall give priority to research and development, invention, innovation, and their utilization;
and to science and technology education, training, and services. It shall support indigenous,
appropriate, and self-reliant scientific and technological capabilities, and their application to the
country’s productive systems and national life.
SECTION 11. The Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and applied scientific research. Scholarships, grants-in-
aid, or other forms of incentives shall be provided to deserving science students, researchers,
scientists, inventors, technologists, and specially gifted citizens.

SECTION 12. The State shall regulate the transfer and promote the adaptation of technology
from all sources for the national benefit. It shall encourage the widest participation of private
groups, local governments, and community-based organizations in the generation and utilization
of science and technology.

SECTION 13. The State shall protect and secure the exclusive rights of scientists, inventors,
artists, and other gifted citizens to their intellectual property and creations, particularly when
beneficial to the people, for such period as may be provided by law.

Arts and Culture

SECTION 14. The State shall foster the preservation, enrichment, and dynamic evolution of a
Filipino national culture based on the principle of unity in diversity in a climate of free artistic
and intellectual expression.

SECTION 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation’s historical and cultural heritage and resources, as well as
artistic creations.

SECTION 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the
nation and shall be under the protection of the State which may regulate its disposition.

SECTION 17. The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions. It shall consider
these rights in the formulation of national plans and policies.

SECTION 18. (1) The State shall ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and other incentives,
and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Sports

SECTION 19. (1) The State shall promote physical education and encourage sports programs,
league competitions, and amateur sports, including training for international competitions, to
foster self-discipline, teamwork, and excellence for the development of a healthy and alert
citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in
cooperation with athletic clubs and other sectors.
 ARTICLE XV

The Family

SECTION 1. The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its total development.

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and
shall be protected by the State.

SECTION 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the
demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their
development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation
of policies and programs that affect them.

SECTION 4. The family has the duty to care for its elderly members but the State may also do so
through just programs of social security.

ARTICLE XVI

General Provisions

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

SECTION 2. The Congress may, by law, adopt a new name for the country, a national anthem,
or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and
traditions of the people. Such law shall take effect only upon its ratification by the people in a
national referendum.

SECTION 3. The State may not be sued without its consent.

SECTION 4. The Armed Forces of the Philippines shall be composed of a citizen armed force
which shall undergo military training and serve, as may be provided by law. It shall keep a
regular force necessary for the security of the State.
SECTION 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and
defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military,
and respect for people’s rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members
shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

No member of the military shall engage directly or indirectly in any partisan political activity,
except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or
designated in any capacity to a civilian position in the Government including government-owned
or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited
proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years.
However, in times of war or other national emergency declared by the Congress, the President
may extend such tour of duty.

SECTION 6. The State shall establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a national police
commission. The authority of local executives over the police units in their jurisdiction shall be
provided by law.

SECTION 7. The State shall provide immediate and adequate care, benefits, and other forms of
assistance to war veterans and veterans of military campaigns, their surviving spouses and
orphans. Funds shall be provided therefor and due consideration shall be given them in the
disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization
of natural resources.

SECTION 8. The State shall, from time to time, review to upgrade the pensions and other
benefits due to retirees of both the government and the private sectors.

SECTION 9. The State shall protect consumers from trade malpractices and from substandard or
hazardous products.

SECTION 10. The State shall provide the policy environment for the full development of
Filipino capability and the emergence of communication structures suitable to the needs and
aspirations of the nation and the balanced flow of information into, out of, and across the
country, in accordance with a policy that respects the freedom of speech and of the press.
SECTION 11. (1) The ownership and management of mass media shall be limited to citizens of
the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by
such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires. No combinations in restraint of trade or unfair competition therein shall be
allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for
the protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of
which is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be
limited to their proportionate share in the capital thereof, and all the executive and managing
officers of such entities must be citizens of the Philippines.

SECTION 12. The Congress may create a consultative body to advise the President on policies
affecting indigenous cultural communities, the majority of the members of which shall come
from such communities.

ARTICLE XVII

Amendments or Revisions

SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

SECTION 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

SECTION 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.
SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after
the certification by the Commission on Elections of the sufficiency of the petition.

ARTICLE XVIII

Transitory Provisions

SECTION 1. The first elections of Members of the Congress under this Constitution shall be
held on the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan Manila area.

SECTION 2. The Senators, Members of the House of Representatives, and the local officials
first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the election of 1992, the first twelve obtaining the highest number of
votes shall serve for six years and the remaining twelve for three years.

SECTION 3. All existing laws, decrees, executive orders, proclamations, letters of instructions,
and other executive issuances not inconsistent with this Constitution shall remain operative until
amended, repealed, or revoked.

SECTION 4. All existing treaties or international agreements which have not been ratified shall
not be renewed or extended without the concurrence of at least two-thirds of all the Members of
the Senate.

SECTION 5. The six-year term of the incumbent President and Vice-President elected in the
February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to
noon of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be
held on the second Monday of May, 1992.

SECTION 6. The incumbent President shall continue to exercise legislative powers until the first
Congress is convened.

SECTION 7. Until a law is passed, the President may fill by appointment from a list of nominees
by the respective sectors the seats reserved for sectoral representation in paragraph (2), Section 5
of Article VI of this Constitution.
SECTION 8. Until otherwise provided by the Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government units comprising the
Metropolitan Manila area.

SECTION 9. A sub-province shall continue to exist and operate until it is converted into a
regular province or until its component municipalities are reverted to the mother province.

SECTION 10. All courts existing at the time of the ratification of this Constitution shall continue
to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing
Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall
remain operative unless amended or repealed by the Supreme Court or the Congress.

SECTION 11. The incumbent Members of the Judiciary shall continue in office until they reach
the age of seventy years or become incapacitated to discharge the duties of their office or are
removed for cause.

SECTION 12. The Supreme Court shall, within one year after the ratification of this
Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to the effectivity of this Constitution. A
similar plan shall be adopted for all special courts and quasi-judicial bodies.

SECTION 13. The legal effect of the lapse, before the ratification of this Constitution, of the
applicable period for the decision or resolution of the cases or matters submitted for adjudication
by the courts, shall be determined by the Supreme Court as soon as practicable.

SECTION 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed before the ratification of this Constitution, when
the applicable period lapses after such ratification.

SECTION 15. The incumbent Members of the Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall continue in office for one year after the ratification
of this Constitution, unless they are sooner removed for cause or become incapacitated to
discharge the duties of their office or appointed to a new term thereunder. In no case shall any
Member serve longer than seven years including service before the ratification of this
Constitution.

SECTION 16. Career civil service employees separated from the service not for cause but as a
result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this Constitution shall be entitled to appropriate
separation pay and to retirement and other benefits accruing to them under the laws of general
application in force at the time of their separation. In lieu thereof, at the option of the employees,
they may be considered for employment in the Government or in any of its subdivisions,
instrumentalities, or agencies, including government-owned or controlled corporations and their
subsidiaries. This provision also applies to career officers whose resignation, tendered in line
with the existing policy, had been accepted.
SECTION 17. Until the Congress provides otherwise, the President shall receive an annual
salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the
Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two
hundred forty thousand pesos each; the Senators, the Members of the House of Representatives,
the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each.

SECTION 18. At the earliest possible time, the Government shall increase the salary scales of
the other officials and employees of the National Government.

SECTION 19. All properties, records, equipment, buildings, facilities, and other assets of any
office or body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this
Constitution shall be transferred to the office or body to which its powers, functions, and
responsibilities substantially pertain.

SECTION 20. The first Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.

SECTION 21. The Congress shall provide efficacious procedures and adequate remedies for the
reversion to the State of all lands of the public domain and real rights connected therewith which
were acquired in violation of the Constitution or the public land laws, or through corrupt
practices. No transfer or disposition of such lands or real rights shall be allowed until after the
lapse of one year from the ratification of this Constitution.

SECTION 22. At the earliest possible time, the Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for distribution to the beneficiaries of the agrarian
reform program.

SECTION 23. Advertising entities affected by paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino ownership requirement therein.

SECTION 24. Private armies and other armed groups not recognized by duly constituted
authority shall be dismantled. All paramilitary forces including Civilian Home Defense Forces
not consistent with the citizen armed force established in this Constitution, shall be dissolved or,
where appropriate, converted into the regular force.

SECTION 25. After the expiration in 1991 of the Agreement between the Republic of the
Philippines and the United States of America concerning Military Bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in
by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the
people in a national referendum held for that purpose, and recognized as a treaty by the other
contracting State.
 SECTION 26. The authority to issue sequestration or freeze orders under Proclamation No. 3
dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for
not more than eighteen months after the ratification of this Constitution. However, in the national
interest, as certified by the President, the Congress may extend said period.

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The
order and the list of the sequestered or frozen properties shall forthwith be registered with the
proper court. For orders issued before the ratification of this Constitution, the corresponding
judicial action or proceeding shall be filed within six months from its ratification. For those
issued after such ratification, the judicial action or proceeding shall be commenced within six
months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or

proceeding is commenced as herein provided.

SECTION 27. This Constitution shall take effect immediately upon its ratification by a majority
of the votes cast in a plebiscite held for the purpose and shall supersede all previous
Constitutions.

Ratified: February 2, 1987

Source: CDAsia

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The A to Z guide to legal phrases

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Introduction
The language used in law is changing. Many lawyers are now adopting a plain
English style. But there are still legal phrases that baffle non-lawyers.
This guide is intended to help in two ways:
• it should help non-lawyers understand legal phrases; and
• it should give lawyers ideas for explaining the legal phrases that they use.
The explanations in this guide are not intended to be straight alternatives.
Although we hope the explanations will prompt lawyers to make sure they only
use legal jargon where strictly necessary, our wording is there to explain ideas
and concepts rather than to give strict legal definitions.
The terms and explanations are for the law in England and Wales.
This is very much a 'work in progress', and we welcome any corrections,
clarifications or suggested additions. Please email us with your comments.
The copyright on this guide belongs to Plain English Campaign. Please contact
us if you want to reproduce any part of it.
A
Abandonment giving up a legal right.
Abatement is: cancelling a writ or action;
stopping a nuisance;
reducing the payments to creditors in proportion, if
there is not enough money to pay them in full; or
reducing the bequests in a will, in proportion, when
there is not enough money to pay them in full.
Abduction taking someone away by force.
Ab initio from the start of something. (This phrase is Latin.)
Abovementioned describing something which has been referred to
before in the document.
Abscond when a person fails to present themselves before the
court when required, such as when they have been
released on bail and not returned to court.
Absolute complete and unconditional.
Absolute discharge someone who has been convicted of an offence
being released without any penalty. (They may still
have to pay compensation though.)
Absolute owner the only owner of property such as equipment,
buildings, land or vehicles.
Absolute privilege a defence which can be used in a case of
defamation if the statement from which the
defamation arose was:
• made in Parliament;
• in fair and accurate news reporting of court
proceedings; or
• made during court proceedings.
Abstract of title a document, drawn up by the seller, summarising the
title deeds to a property (such as a house).
Abuse of process when criminal proceedings are brought against a
person without there being any good reason and with
malice.
Abuttals the parts of the boundaries of a piece of land which
touch pieces of land alongside.
Acceptance when an offer is accepted unconditionally and a
legally binding agreement is created.
Acceptance of service when a solicitor accepts a writ on behalf of a client.
Acceptor the organisation (such as a bank) which will pay the
cheque or bill of exchange it has accepted.
Accessory someone who encourages or helps another person
to commit a crime.
Accomplice someone who helps another person to commit a
crime.
Accordingly a word used in legal documents which means
therefore or so.
Accounts the record of an organisation's income, spending and
financial situation.
Accumulation reinvesting income generated by a fund back into the
fund.
Accused the person charged with a criminal offence.
Acknowledgement admitting that someone has a claim or admitting that
a debt exists.
Acknowledgement of
Service when a defendant agrees that a writ or originating
summons ('claim form' since April 1999) has been
received. The defendant fills in, signs and sends
back the acknowledgement of service to confirm in
writing that the documents were received.
Acquit when a court lets a person go without any penalty. If
a court decides that a person is not guilty of a crime,
or the case has not been proved, it will acquit the
person.
Acquittal the court's decision that a person is innocent of the
crime they were charged with.
Action using the law to make a claim.
Active trust a trust where the trustees have other responsibilities
rather than to just let the beneficiaries have the
trust's assets when they ask for them.
Act of bankruptcy an act which, if carried out by a person with debts,
could have led to bankruptcy proceedings against
that person.
Act of God an extreme naturally occurring event (such as an
earthquake, avalanche or flood) that could not have
been anticipated.
Actual bodily harm hurting another person but less severely than would
amount to grievous bodily harm.
Actual loss an insurance term which means that the insured item
no longer exists.
Actuary an expert on pension scheme assets and liabilities,
life expectancy and probabilities (the likelihood of
things happening) for insurance purposes. An
actuary works out whether enough money is being
paid into a pension scheme to pay the pensions
when they are due.
Actus reus an act which is illegal, such as theft. (This term is
Latin.)
Additional voluntary
contribution (AVC) extra money people in occupational pension
schemes can pay in to increase their pension
benefits.
Ademption when a gift in a will cannot be made because the
item no longer exists.
Ad hoc for a particular purpose. For example, a committee
set up to deal with a particular situation is an ad hoc
committee. (This term is Latin.)
Ad idem in agreement. (This term is Latin.)
Ad infinitum endlessly or forever. (This term is Latin.)
Adjourned sine die when a court case has no date fixed for it to continue.
Adjournment postponing a court hearing.
Adjudge/adjudicate to give an official judgement about something. For
example, if someone cannot pay their debts a court
may adjudge them bankrupt.
Adjudication order the former name for a court order which made
someone bankrupt. It has now been replaced with
the term bankruptcy order.
Administration order an order made by a county court when a person or a
company cannot pay their debts. Normally the court
orders that the debts are repaid by instalments and as
long as the debtor keeps to the order the creditors
cannot do anything else to recover their money.
Administrator someone who has been appointed:to manage the
affairs of a bankrupt business; or to manage the
estate of someone who has died without leaving a
will.
Admissibility of
Evidence which evidence can be presented in court. Evidence
must be relevant to the case but even some relevant
evidence cannot be presented, such as hearsay or
evidence of little value. The judge decides whether or
not evidence can be used in the case.
Admission one side in a case agreeing that something the other
side has alleged is true.
Admonition reprimanding of a defendant by a judge even though
the case against the defendant has been discharged
(dropped).
Adoption the system which people use to become parents,
even though they are not the child's natural parents.
Adoptive child a child who has been legally adopted.
Adoptive parent a person who has legally adopted a child.
Ad valorem in proportion to the value. An ad valorem duty goes
up as the value of the goods, shares and so on that it
is charged on rises. (This term is Latin.)
Adverse possession intentionally occupying land to prevent the rightful
owner or tenant using it.
Adverse witness a witness who gives evidence which damages the
case of the side which asked the witness to testify for
them.
Advocate is:
• the lawyer who speaks in court for a client; or
• a Scottish lawyer who is the equivalent of a
barrister in England and Wales.
Affidavit a written statement which is sworn to be true by the
person signing it. It is sworn before someone
authorised by the court.
Affirm to:
• solemnly promise to tell the truth in court;
• solemnly promise to tell the truth in an
affidavit;
• confirm a decision made by a lower court;
or
• allow a contract to continue even though it
could have been cancelled because it was
fundamentally breached.
Affirmation solemnly promising to tell the truth when giving
evidence. It is an alternative to swearing an oath
when the person giving evidence does not wish to.
Affray fighting unlawfully. It is a criminal offence.
Aforementioned describing something referred to previously in the
document.
Aforesaid describing something which has been said or
referred to before in the document.
Agency the relationship between a principal and an agent.
Agent someone appointed to act for a principal.
Age of consent the age when a person can consent to have
sexual intercourse. In the UK it is 16.
Aggravated assault a more serious type of assault such as one leading
to actual bodily harm.
Aggravated burglary entering premises armed with a weapon, intending to
steal goods.
Aggravated damages extra damages awarded because the defendant has
caused the victim anguish, loss of self-respect or
shame.
Aggravated vehicle taking stealing a vehicle, driving it dangerously and as a
result injuring someone or damaging property.
Agricultural holding a type of tenancy agreement for someone doing
agricultural work. The tenant has special rights
including, when the tenancy finishes, the right to
compensation for improvements to the land. If the
land has deteriorated the tenant must compensate
the landlord.
Aiding and abetting helping someone to commit a crime.
Airspace the space in the atmosphere directly above a piece
of land. If you own a piece of land you also own the
airspace above the land.
Alias a false name.
Alibi a claim that a person was elsewhere when a crime
was committed. If someone is accused of a crime
their alibi is:
• evidence that the person was somewhere else
when the crime was committed; or
• an attempt to prove that the person was
somewhere else when the crime was
committed.
Alien someone from a foreign country.
Alienation transferring the ownership of property from one
person to another.
All and sundry everybody.
Allegation an unproved statement declaring that something has
happened.
Alleviate to lessen or reduce.
Allocation rate the proportion of money left to be invested after
charges have been taken off when money is paid
into a fund (such as a pension fund). For example, if
the charges were 2%, the allocation rate would be
98%.
Allotment shares allocated to a buyer. An allotment of shares
in a company gives the owner (of the allotment) an
unconditional right to buy the shares at a fixed price.
All that words used in a conveyance to introduce the
description of the property which is being conveyed.
Alternate director a person appointed by a director to take the
director's place.
Alternative verdict a person being found guilty of a less serious crime
than the one they were charged with. If a more
serious charge has not been proved and the
defendant has been found not guilty, the defendant
may be found guilty of a less serious crime instead.
For example, there may not be enough evidence to
convict someone of a murder but there may still be
enough for a manslaughter conviction. This is known
as an alternative verdict.
Amalgamation two or more companies combining.
Ambiguity capability of more than one meaning. When a
statement's meaning is not clear because it is
capable of more than one meaning, it contains an
ambiguity.
Ambulatory will a will which can be revoked or changed while the
person who made it is still living.
Amnesty not punishing a person for an offence they have
committed and removing details of the offence from
the court's records is giving the person an amnesty.
Ancient lights the right not to have the light you receive from a
neighbour's land blocked.
Annual accounts the summary of an organisation's financial
transactions during the year covered by their
accounts, and a 'snapshot' of the assets and
liabilities at the end of the year.
Annual general
Meeting the yearly meeting of the members of an
organisation which must be held to meet legal
conditions. The annual accounts are presented for
approval at this meeting.
Annual return a return which must be sent by companies to the
Registrar of Companies. Each year the officers of a
company have to fill in an annual return with details
of the members, officers, shares issued and other
information about the company. The return is then
sent to Companies House for filing and is available
for inspection by members of the public.
Annuitant the person who gets paid an annuity.
Annuity an amount paid out every year to someone. The
money usually comes from an insurance policy. It
can be split up into smaller amounts and be paid out
more frequently, such as monthly. It is usually paid
for the rest of the beneficiary's life.
Annul to cancel:
• an invalid marriage; or
• a bankruptcy order.
Ante before. (This is a Latin word.)
Antecedents details about the past of a defendant or a person
found guilty of a crime. The information about
previous crimes, background and bad behaviour is
given to the court before the sentence is given.
Antenuptial agreement a legal agreement between two people who are
about to get married. The agreement sets out how
the couple's assets will be divided between them if
they later divorce.
Anton Piller order an order by the High Court. It gives the applicant
permission to search the defendant's premises for
evidence, inspect it and take it away. It is intended to
prevent evidence being destroyed or hidden which
would be relevant to the case. (Since April 1999, this
has been known as a 'search order'.)
Appeal asking a court to overturn a lower court's decision. If
the decision of a court is disputed it may be possible
to ask a higher court to consider the case again by
lodging an appeal.
Appellant the person who is appealing to a court against a
decision of a lower court.
Appellate jurisdiction the authority a court has to hear an appeal against a
decision made by a lower court.
Appertaining to
Applicant the person asking a court to do something.
Appointee the person who gets the benefit of the use of a
power of appointment.
Appointor the person who uses a power of appointment.
Appurtenances minor rights in land such as a right to do something
on the land.
Arbitrage is:
• borrowing money at a low rate of interest to
lend out again at a higher rate; or
• buying and selling in different markets to make
profits out of the price differences.
Arbitration settling a dispute by using a referee. If a dispute
goes to arbitration it is settled by an independent
referee. It avoids having to use the courts to settle
the dispute.
Arbitrator the independent referee who settles a dispute
without the need to use the courts.
Arraignment a procedure at the start of a trial when details of the
offences are read out and the defendants are asked
whether they will plead guilty or not guilty.
Arrest to seize someone, usually because they are
suspected of committing a crime, and take them into
custody.
Arrestable offence a crime for which a person may be arrested without a
warrant being needed.
Arson setting fire to something to cause damage to it.
Articles the clauses in a document. A company's articles set
out its rules. The articles form part of the
memorandum and articles of association.
Articles of association documents which set out a company's rules.
Assault when someone threatens another person with
physical harm. Words on their own do not amount to
assault but threatening gestures do, even if the
person threatened is not touched.
Assent a document used by personal representatives to
transfer property to a beneficiary.
Asset something owned such as a building, a vehicle or
money in the bank.
Assign to formally transfer something, such as when
ownership of property is transferred from one person
to another.
Assignment the formal transfer of the rights to something. An
example would be a bank customer assigning to the
bank the right to receive the benefits from a life
insurance policy to give the bank security for a loan.
Assurance insurance cover for an event which will definitely
happen, such as death.
Assure to transfer the ownership of something.
Assured the person whose life is insured or who is entitled to
receive the benefit from the assurance cover.
Assured shorthold
Tenancy a type of tenancy agreement under which the landlord
has the right to take the property back at the end of
the tenancy agreement.
Attachment of earnings a court order that deductions be made from a
person's earnings. The employer pays the money
collected to the court and the court pays the money
to the people it is owed to.
Attest to sign to witness a signature on a document.
Attorney a person appointed to act for another person (such
as when someone cannot look after their own
affairs). A formal document called a power of
attorney is used to appoint the attorney. It is also
the name used for a US lawyer.
Attorney General the chief legal adviser to the Government. He or she
must be a Member of Parliament (or have a seat in
the House of Lords) and must be a barrister.
Audit an independent examination of an organisation's
records and financial statements (report and
accounts) to make sure that:
• the financial statements show a fair reflection
of the financial position at the accounting date;
• the income and spending is shown accurately;
• the financial statements meet any legal
conditions; and
• the financial statements are drawn up clearly.
Auditor's report a report and opinion, by an independent person or
firm, on an organisation's financial records.
Authorised share
Capital the highest amount of share capital that a company
can issue. The amount is set out in the company's
memorandum of association.
Authorised
Investments investments in which a trustee is permitted to invest
trust money, under an Act of Parliament.
Autopsy an examination of a dead body to find the cause of
death.
B
Bail to pay, or promise to pay, an amount of money so
that an accused person is not put in prison before
the trial. If the accused person does not appear at
the trial, the court can keep the money put up for
bail.
Bailee a person or organisation looking after valuable items
to keep them safe for the owner.
Bail hostel accommodation found for people charged with
offences and released on bail, but who do not have a
permanent address so that the police know where to
find them.
Bailiff an officer of the court who carries out the court's
orders, such as taking a debtor's goods and selling
them to get money to pay the debtor's debts. A bailiff
can also personally deliver (serve) documents on
people.
Bailiwick the area over which a bailiff has jurisdiction.
Bailment transferring possession of goods from the owner to
someone else. The ownership of the goods is not
transferred. A practical example of bailment is that
someone who hires a television has possession of it,
but the rental company still owns the television.
Bailor the owner of valuable items which are in the
possession of another person or organisation for
safekeeping.
Balance sheet a summary of an organisation's financial position. It
lists the values, in the books of account on a
particular date, of all the organisation's assets and
liabilities. The assets and liabilities are grouped in
categories and paint a picture of the organisation's
strengths and weaknesses.
Banker's draft a cheque drawn by a bank on itself. It is used when
there must be certainty that a cheque will be paid.
Bankrupt someone who has had a bankruptcy order.
Bankruptcy order an order that a court may issue against someone if
they cannot pay their debts when they are due to be
paid. This order takes ownership of the debtor's
property away from the debtor and allows much of
the property to be sold. The money raised is divided
between the creditors following strict rules.
Bankruptcy search a document which says whether or not someone is
bankrupt.
Bar the collective term for barristers. When a lawyer
becomes a barrister, it is called 'being called to the
bar'.
Bare trust a trust which holds property on behalf of a person
until they ask for it back.
Bare trustee someone who holds property on behalf of another
person until asked to return the property.
Bargain and sale a contract to sell any property or investment in land
that a person owns.
Barrister a lawyer who can speak in the higher courts, which a
solicitor is not allowed to do.
Barter a way of paying for things by exchanging goods
instead of using money.
Battery using physical force on someone either intentionally
or carelessly and without their agreement.
It would not be battery if two boxers took part in a
boxing match, even though they hurt each other
during the match, because they would have agreed
to fight each other.
Bearer the person who has a document in their possession.
Bench the name for the judges or magistrates in a court.
Bench warrant a warrant issued by a court for the arrest of an
accused person who has failed to attend court. It is
also issued when someone has committed contempt
of court and can't be traced.
Beneficial interest belonging to a person even though someone else is
the legal owner. If something really belongs to
someone, even if that person does not legally own it,
they have a beneficial interest in it. If, for instance,
parents hold an investment on behalf of their child
they are the legal owners, but the child is the
beneficial owner of the investment.
Beneficial owner the owner of a piece of land (and the buildings on it).
Beneficial owners have the right:
• to the income their land generates; or
• to use the land for their own purposes.
It can also be a person who really owns something
even though it is held in someone else's name.
Beneficiary someone who benefits from a will, a trust or a life
insurance policy.
Bequeath to leave something (such as possessions or money)
to someone in your will. You cannot bequeath land
or real property but you can devise them instead.
Bequest something given in a will, other than land or real
property.
Bigamy the offence committed by someone who is already
married but still goes through a marriage ceremony
with someone else.
Bill of costs the invoice the solicitor sends to a client giving
details of any disbursements the solicitor has paid on
behalf of the client, the fee the solicitor is charging
and any expenses.
Bill of exchange a signed written order, instructing the person it is
addressed to to pay an amount of money to
someone. A cheque is a type of bill of exchange.
Bill of lading a document recording the goods a ship carries and
the terms the goods are carried under.
Bill of sale a document which transfers ownership of goods from
one person to another.
Binding effect the fact that an agreement must be kept to by law.
Binding over an order by a court in a criminal case. If someone
has misbehaved or broken the peace, magistrates
can bind them over. The magistrates can order them
to pay a bond. This will be forfeited (won't be repaid)
if the binding over terms are broken.
Binding precedent following the decisions made by higher courts. Lower
courts must follow the precedents set by the
decisions of higher courts and this is called binding
precedent.
Blackmail demanding payment from a person in return for not
revealing something shameful about them.
Bodily harm physical injury or pain.
Bona fide genuine, sincere or in good faith. (This term is Latin.)
Bona vacantia goods or an estate belonging to nobody. (This term
is Latin.)
Bond a written promise to repay a debt at an agreed time
and to pay an agreed rate of interest on the debt.
Bonded goods goods for which a bond has been paid to HM
Customs and Excise as security for the duty owed on
the goods.
Bonded warehouse a warehouse approved by HM Customs and Excise
for storing goods imported into the UK until the duty
on them has been paid or the goods have been
exported to another country.
Bonus shares free shares that a company offers to its
shareholders, in proportion to their existing
shareholdings.
Book value the value of a fixed asset, such as a building or
machine, as recorded in an organisation's books. It is
usually the amount paid for the asset less an amount
for depreciation.
Bought note a document showing details of a purchase by
someone for a third party. Stockbrokers produce
bought notes for their clients. The bought note shows
details of the investments the broker has bought for
the client, including the price paid and any
commission and duty charged.
Breach of contract failing to carry out a duty under a contract.
Breach of duty failing to carry out something which is required by
law, or doing something the law forbids.
Breach of the peace
(or breaking the peace) when harm is done to someone, or harm is
threatened.
Breach of trust when a trustee does something which is against the
trust's rules or fails to do something required by the
trust's rules.
Break clause a clause in a contract which allows it to be ended.
Bridle way a path or road which is a right of way for people
walking and people leading or riding horses. Cyclists
can use it as well but must give way to pedestrians
and horses.
Brief a document prepared by a solicitor which contains
the instructions for the barrister to follow when acting
for the solicitor in court.
Building preservation
Notice a notice that a building is listed. If a building is in
danger of being altered or demolished, but the local
planning authority thinks it should be preserved, the
authority can issue a notice that the building is listed.
Burglary entering a building without permission with the
intention of stealing or doing damage.
Bye-law or bylaw a law made by a local authority. It only applies within
the local authority's boundaries.
C
Call asking people to pay for new shares they have
applied for. A company makes a call when it asks
buyers of its new shares to pay some, or all, of the
share price. When this happens the shares are being
called up.
Called-up capital all the shares called by a company when it issues
shares. When calls have been made for the whole of
the share price and the shareholders have paid, the
shares become paid-up share capital.
Canon law the name for the rules used for running a Christian
church.
Capacity someone's ability to enter into a legal agreement. For
example, a minor would not be able to buy
something on credit.
Capital allowances allowances that you can sometimes claim when you
buy long-term assets, such as machines, to use in
your business. You claim part of the cost against
your profits before your tax is worked out for the
year.
Capital gain the profit you make if you sell or dispose of a longterm
asset (such as a building) for more than it cost
you.
Capital gains tax a tax charged on certain capital gains.
Capital punishment punishing someone for a crime by killing them.
Capital redemption
reserve A company has to have this reserve in its financial
records and in its accounts if any of the shares it has
issued are cancelled. The reserve cannot be paid out
to the members until the company is liquidated and so
it prevents the company's capital being reduced.
Careless driving driving a car without consideration for other people
using the road.
Care order an order by a court instructing the local authority to
care for a child.
Cartel an agreement between businesses to restrict
competition and keep prices high.
Case law law that is based on the results of previous court
cases.
Case stated the written statement setting out the facts of a case.
It is produced by a magistrates' court when asking
the High Court for an opinion on the law.
Causation one thing being done causing something else to
happen.
Cause of action the reason someone is entitled to sue someone else.
Causing death by
careless and
inconsiderate driving an offence committed by someone who is unfit to
drive because of drink or drugs, but nevertheless
drives a vehicle and kills another person. The
punishment for careless and inconsiderate driving is
less severe than for dangerous driving.
Causing death by
dangerous driving a criminal offence committed by someone whose
driving is dangerous and results in another person
being killed. The courts consider dangerous driving
to be a very serious offence.
Caution is:
• a warning given by the police to a suspected
criminal when the suspect is arrested;
• a warning given by the police when they
release a suspect without prosecution that, if
there are any more offences committed by the
suspect, the first possible offence may be
taken into account; or
• a document sent to the Land Registry by
someone who may have a right over land,
which demands that no dealings in the land are
registered until the person with the right has
been told.
Caveat a warning. (This is a Latin term.)
Caveat emptor 'buyer beware'. It is used to warn people buying
goods that they may not be able to get compensation
if the goods they buy are faulty. (This is a Latin term.)
Central Criminal Court the most senior court covering the centre of London.
Certificate of
Incorporation a certificate stating that a company has been
incorporated (that is, it has a separate existence from
its members). The Registrar of Companies issues
the certificate of incorporation once a company has
been formed.
Certificate of origin a certificate stating in which country the goods being
imported were made.
Certiorari an order by the High Court that a case should be
reviewed. If the High Court considers that a case
heard in a lower court is flawed it may order that it be
reviewed by the High Court. (This word is Latin.)
Challenge for cause when the defence objects to a juror and says why it
objects.
Challenge to a jury when either side in a case objects to the people who
have been selected to serve on the jury before they
are sworn in.
Challenge to the array when the defence objects to all the jurors.
Challenge without
Cause happens when the defence objects to a juror but
does not say why.
Chambers the offices used by barristers and the judge's private
office.
Chancery Division a section of the High Court. It deals with cases
involving trusts, land, company law, patents and so
on.
Charge means:
• to formally accuse someone of committing a
crime;
• to use property as security for a debt (such as
a mortgage); or
• a direction given by a judge to tell the jury what
they must do.
Chargeable event an event that may create a tax liability (tax bill).
Chargeable gain a gain on which capital gains tax is payable. If a
capital asset such as a building is sold or disposed of
at a profit, tax on the gain has to be worked out
unless the capital asset is one exempted by law.
Charge certificate a certificate which the Land Registry issues to the
legal mortgagee (the lender) who has lent money on
the security of registered land. It is proof of the legal
mortgagee's right to the security.
Charges clause a clause which appears in some contracts and sets
out who should pay for certain items.
Charge sheet the document on which a police officer records
details of the accusation against a suspect.
Charges register part of the certificate which is evidence of someone's
title. The register shows details of any mortgages,
restrictions on the use of the land or rights someone
else may have over the land such as a right of way.
Charging clause trustees can charge the trust for their services if
there is a charging clause.
Charging order a court judgement which a creditor may get against
the person or organisation which owes the money,
giving the creditor security over the debtor's property
for repayment of the debt.
Charity an organisation set up to do good for the community,
such as help poor people, educate people and
protect animals. Most charities are registered with the
Charity Commission.
Charity Commission an organisation responsible for checking that
charities are run properly. It also decides whether
proposed charities can be placed on the register of
charities.
Chattel any property except freehold land.
Chattels personal the name for tangible goods (goods which can be
touched) such as watches, clothes, furniture and so
on.
Chattels real another name for leasehold land.
Cheat a person who fails to send tax returns to the tax
authorities or fails to pay the tax owing, such as
income tax or value added tax.
Cheque a written order, addressed to a bank, instructing the
bank to pay an amount of money to the person or
organisation named on the cheque. The bank takes
the money out of the relevant customer's account.
Cheque card a card issued by a bank to a customer. It guarantees
that a cheque used with the card will be paid if the
person issuing the cheque has kept to all the
conditions.
Chief rent money charged regularly on freehold land. Despite
its name it is not rent.
Child abuse molestation or ill-treatment suffered by a child.
Child assessment
Order an order which a local authority may apply to a court
for to assess a child's situation if there are concerns
about the child's welfare.
Children in care children looked after by a local authority. The local
authority takes on the responsibility for the children
as if it was a parent.
Child Support Agency part of the Department of Social Security. It
supervises the assessment and payment of
maintenance for children.
Child Support
Maintenance the amount of maintenance the parent not living with
their child must pay.
Chose an item of property (anything which can be owned).
Chose in action a right such as a patent, or a right to recover a debt. A
chose in action does not physically exist. For
example, you cannot touch patents or rights because
they have no physical existence.
Chose in possession an object which physically exists, such as furniture.
Circuit any of the six legal regions into which the United
Kingdom is divided up. Each circuit has its own
system to administer the courts within the circuit.
Circuit judge a judge who presides over (is in charge of) cases in
the Crown Court and county courts.
Circumstantial
evidence evidence which suggests a fact but does not prove
the fact is true.
Citation is:
• a summons to appear in court;
• quoting from a completed case to support an
argument; or
• a notice sent out by someone wanting grant of
probate or letters of administration, asking
people to come forward if they object to it.
Citizen's arrest an arrest by someone who is not a police officer. The
offence must be being committed or have already
been committed when the arrest is done.
Civil court a court which does not hear criminal cases. It deals
with people's rights such as collection of debts.
Claim means:
• to apply for a right;
• to demand a remedy; or
• an application for something such as a right.
Claimant the person making a claim.
Clause a section in a contract.
Clearing bank one of several major banks which work together to
exchange and pay for cheques which their
customers have written.
Clerk to the Justices a solicitor or barrister who helps in court by advising
the magistrates.
Close company a company controlled by five people or fewer, or by
its directors.
Closing order an order prohibiting the use of a house because the
house is not fit for humans to live in.
Codicil extra pages to change a valid will which needs a
minor alteration. The codicil must be signed and
witnessed and then be attached to the will.
Codifying statute a statute used to bring together all the strands of the
law on a particular subject.
Coercion a defence that a crime was committed because the
person accused was forced to do it.
Collateral extra security for a debt. If there is a main security for
a debt, such as a house being security for a
mortgage, any extra security supplied is called
collateral.
Commissioner for
Oaths a person appointed by the Lord Chancellor to
administer (manage) the swearing of oaths.
Committal for sentence happens when magistrates have found someone
guilty of a crime but they think their sentencing
powers are not enough. The magistrates transfer the
case to the Crown Court where a higher sentence
can be imposed.
Committal for trial when magistrates look at the evidence in a case and
then send the case to be heard in the Crown Court.
Committal order an order used to send someone to prison for
contempt of court.
Committal proceedings a hearing where magistrates work out if there is
enough evidence of a serious crime to justify a trial
by jury.
Committee of
Inspection a committee appointed from the creditors of a
company in liquidation to oversee the liquidator's
work.
Common assault when someone threatens another person with
physical harm, even if they are not touched. This is a
less serious type of assault (compare with
aggravated assault). Threatening someone with a
weapon such as a knife or gun is common assault.
Common duty of care the duty of the occupier of premises or land to take
reasonable care of visitors to make sure that they are
kept safe.
Common seal the seal companies use to authenticate (validate)
important company documents. The company's
name is engraved on the seal.
Commorientes closely related people who die at the same time, and
it is unclear which of them died first. (This term is
Latin.)
Community service
order an order to do work in the community without pay. If
someone has been convicted of a crime they may be
given a community service order as an alternative to
being sent to prison.
Companies House the office which stores company information such as
annual accounts, directors' names and addresses and
the registered office address. People who are
interested in a company can inspect some of the
information stored.
Company secretary a person appointed by the directors of a company
who is responsible for making sure that the company
complies with the Companies Acts.
Compensation money paid to make up for damage or loss caused.
Compensation for loss
of office lump-sum compensation a company pays to an
employee whose contract has been ended.
Compensation order an order by a court to a criminal to compensate the
victim of the crime.
Completion transferring property in exchange for payment. When
there is a contract to sell land, there will be an initial
payment to confirm the contract. Completion
happens when the ownership of the land is
transferred to the person buying it, in return for the
seller receiving the rest of the purchase price.
Composition with
Creditors an arrangement between a debtor and the creditors.
The creditors agree to accept a proportion of what is
owed to them in full settlement.
Compulsory purchase taking land and giving compensation for it. When land
is needed for a project, such as a road, local
authorities and other public bodies can take the land
off the landowner. Compensation has to be paid to
the landowner.
Compulsory winding
up the liquidation of a company by order of the court. It
usually happens because the company has not been
able to pay its bills on time and a creditor has
presented to the court a petition for winding up the
company.
Concealment failure by one side negotiating a contract to disclose
(reveal) information which the other side would need
to consider when deciding whether or not to go
ahead.
Concealment of
securities hiding or destroying a document such as a will to
gain benefit for yourself or cause other people loss of
benefit.
Conclusive evidence evidence which by law cannot be disputed.
Concurrent sentence when someone is sentenced for different crimes and
The sentences are to be served at the same time.
Condition a fundamental part of an agreement. The agreement
or contract may collapse if a condition is broken.
Conditional agreement an agreement which depends on a certain thing
happening in the future. If the event does not happen
the agreement will not start to operate.
Conditional discharge A court may decide not to punish a criminal
immediately for an offence and may conditionally
discharge the criminal instead. If the criminal
reoffends the court may impose a punishment for the
original offence as well as the later ones.
Conditional sale an agreement by which the seller remains the owner
agreement of the goods until all the instalments have been paid
and all other conditions have been met.
Condition precedent something which must happen before a contract
starts.
Condition subsequent something which may happen in the future and, if it
does, will affect a contract.
Confiscation order If someone has been convicted of a crime the court
may order the person convicted to pay the court a
sum of money. This is called a confiscation order.
Consecutive sentence when someone is sentenced for different crimes and
the sentences have to be served one after another.
Consent to agree to something. A contract would not be valid
unless all the parties consented to it.
Consideration the price you pay for something.
Consignee the person goods have been sent to.
Consignor the person who sent the goods.
Consistory Court a court for the clergy. There is one in each diocese.
Conspiracy is:
• an agreement by two or more people to commit
• a crime; or
• some people acting together and harming a
third party.
Constructive describing something which may not be set out in the
law but will nevertheless be considered to exist.
Constructive dismissal because the employer has broken fundamental
terms of the contract of employment the employee
has been forced to resign. The employee can apply
for a hearing before an industrial tribunal.
Constructive notice presuming something is known. The law sometimes
presumes that a person knows something even
though they do not.
Consumer credit
agreement an agreement by a creditor, such as a bank, to
provide up to £25,000 of credit to a consumer.
Contempt of court the offence of:
• disobeying a court order;
• abusing a judge during a court case; or
• interfering in the administration of justice.
Contemptuous
damages tiny damages. Sometimes, even though a case has
been won, the court may consider that it should not
have been brought to court and will only award tiny
damages.
Contingency fee the claimant's lawyer gets paid the fee only if the
case is won by the claimant. The fee is often a
proportion of the damages won.
Contingent legacy a gift in a will which will only be made if certain
conditions are met.
Contract an agreement between two or more people (or
groups) to do (or not to do) something. The
agreement can be enforced by law.
Contract for services a contract under which materials and services are
provided by a contractor.
Contract of exchange a contract to exchange goods without money being
involved (barter).
Contract of service the contract between employer and employee.
Contributory
negligence your own carelessness contributing to the damage
done to you or your property. When someone suffers
damage or injury their claim for damages may be
limited if they have contributed to the harm done
through their own carelessness.
Conversion is:
• exchanging one sort of property for another
(such as exchanging money for goods); or
• acting unlawfully to deprive someone of their
ownership of goods.
Convey to transfer the ownership of something.
Conveyance the name of the document which transfers the
ownership of land.
Conveyancing the name for carrying out all the actions needed to
transfer the ownership of a piece of land.
Conviction being found guilty of a criminal offence.
Copyright a legal right which stops things being copied without
permission. If you have the copyright over something
(such as a book or music), nobody can copy it or
reproduce it without your permission.
Coroner a person who investigates the cause of death when
a person has suffered a sudden, violent or
suspicious death.
Corporate body(or
corporation) a group of people acting together, such as a club.
The group has a separate legal identity from the
individual members' identities. A company is another
example of a corporate body.
Corporation tax a tax which companies pay on their profits.
Corpus the name for a body (usually dead). (This word is
Latin.)
Corpus delicti is:
• the body of a person who has been killed
unlawfully; or
• the facts which make up an offence.(This
phrase is Latin.)
Counsel a barrister or group of barristers.
Counterclaim making a claim in court against someone who has
already made a claim in court against you.
Counterfeit something that is forged or copied with the intention
of deceiving.
Counterpart an exact copy of a document.
County court a court which deals with civil cases such as disputes
over unpaid debts and negligence claims. It does not
deal with criminal cases.
County court judge a judge who presides over (is in charge of) cases in
the county courts.
Coupon a dated piece of paper attached to a bond. The
coupon has to be surrendered (given back) to get the
interest or dividend on the bond.
Court of Appeal a court which hears appeals against the decisions of
other courts.
Court of Protection a court which administers (manages) the assets and
affairs of people who cannot look after themselves,
such as people who are mentally ill.
Covenant a contract or legally binding promise.
Creditor a person you owe money to.
Creditors' voluntary
winding up. If a company is insolvent (cannot pay its debts when
they are due for payment) the members can pass a
special resolution to have the company wound up
(liquidated). This is called a creditors' voluntary
winding up.
Criminal damage the criminal offence of causing damage to someone
else's property either recklessly or intentionally.
Criminal responsibility When someone reaches the age when the law says
they are able to commit a criminal offence they have
reached the age of criminal responsibility.
Cross-examine to question a witness for the other side in a case.
Crown Court the court where people indicted of criminal offences
are tried.
Culpa blameworthiness or a fault. (This word is Latin.)
Cum dividend with dividend. If a share is sold cum dividend, the
buyer will receive the dividend that was declared just
before the share was bought.
Cumulative preference
shares shares which carry forward unpaid dividends. If
dividends on these shares have not been paid in
previous years the arrears must be paid before a
dividend can be paid on the ordinary shares.
Curfew a court ordering someone to stay at a named place
at stated times of the day.
Customs duties duties which are charged on imports of goods into
the UK and on some exports.
D
Damages the name for money awarded by a court as
compensation.
Dangerous driving a standard of driving which falls far below that of a
careful, competent driver and it would be obvious to
such a driver that it was dangerous to drive that way.
A driver found guilty of dangerous driving would be
disqualified from driving by the court.
Debenture a document issued by a company which
acknowledges that some or all of the company's
assets are security for a debt (usually to a bank). It is
also the name for certain long-term loans to
companies.
Debt money owed.
Debtor someone who owes you money.
Debt securities debts which can be bought and sold, such as
debentures.
Deceit when one person deliberately misleads a second
person with a statement which causes the second
person to do something that causes them damage.
Decree an order by a court.
Decree absolute the final court order which ends a marriage.
Decree nisi a provisional court order which orders that a
marriage should be dissolved.
Deed a legal document which commits the person signing
it to something.
Deed of arrangement a written agreement which can be made, when a
debtor is in financial trouble, between the debtor and
the creditors. It is intended to benefit the creditors
and avoid the bankruptcy of the debtor. The creditors
get a proportion of the money owing to them.
De facto in fact or in reality. (This term is Latin.)
Defamation making a statement, either orally or in writing, which
damages someone's reputation.
Default failing to do something which had been agreed to.
Defence the name for the team of people (lawyers and so on)
against proceedings brought against
someone. It is also in a civil case a written statement
(pleading) by the defendant setting out the facts that
the defence will rely on.
Defendant a person defending a court action which has been
taken against them.
De jure rightfully. (This term is Latin.)
De minimis non curat
lex the law will not take account of trifling matters. (This
phrase is Latin.)
Dependant someone who depends on someone else for
financial support.
Deponent a person who swears on oath that a statement is
correct.
Deposition a statement, by a witness, made under oath.
Depreciation the drop in value of an asset due to wear and tear,
age and obsolescence (going out of date), as
recorded in an organisation's financial records.
Derogation damaging someone's rights or entitlements.
Determination ending an agreement.
Devise to leave land in a will.
Devisee the person who is left freehold property or land in a
will.
Diminished
responsibility a defence sometimes used for someone charged
with murder, that they suffered lowered powers of
reasoning and judgement because of their unusual
state of mind. If their defence succeeds they will be
convicted of manslaughter.
Diocese the area covered by a bishop's authority.
Diplomatic immunity immunity given to certain members of foreign
embassies, such as ambassadors, for crimes they
may have committed.
Direction/directing judges must give juries instructions on points of law.
This is called directing the jury.
Director a person appointed to help manage a company's
affairs.
Disbursement a payment made by a professional person, such as a
solicitor or accountant, on behalf of a client. The
money is claimed back by including it on the bill for
professional services which is sent to the client.
Discharge release from:
• a commitment such as a debt;
• a contract because it has finished or the parties
agree to end it; or
• a punishment for a crime.
•
Disclaim/disclaimer to give up a claim or a right or refuse to take over an
onerous (having more obligations than advantages)
contract. A disclaimer can also be a notice to limit
responsibility.
Discovery one party in a civil case revealing to the other party
the documents relevant to the case under the first
party's control and allowing them to be inspected.
Discretionary trust a trust in which the trustees can decide who will
benefit from the trust and how much they will get.
Disposal (dispose of) selling, transferring or giving away something.
Distrain/distress to seize goods as security for an unpaid debt.
Divorce the legal end to a marriage.
Divorce petition an application for the legal ending of a marriage.
Domicile the country where your permanent home is, even if
you are living somewhere else for now.
Domiciled permanently based in a country.
Domicile of choice the country in which you make your home, intending
it to be permanent.
Domicile of origin the domicile a newborn child has. This is usually its
father's domicile or, if the father is dead, its mother's.
Drawee the organisation which will pay a bill of exchange
(such as a cheque). In the case of a cheque, this is
the bank that the cheque is drawn on.
Drawer the person or organisation that has written a bill of
exchange, such as a person who has written a
cheque.
Duress threatening or pressurising someone to do
something.
Duty a levy charged by the Government, usually when
things are bought, such as shares or buildings.
E
Easement a right to use someone else's land, such as a right of
way.
Enabling legislation legislation which authorises government ministers or
bodies to create detailed rules to accomplish general
principles set out in the legislation. For example it
may allow a minister to create rules or laws for a
particular body, such as the police, to follow.
Endorsement a change to the original terms of a contract, such as
an insurance policy.
Endowment policy a type of insurance policy which will pay out a lump
sum on a fixed date in the future, or when you die if
this happens earlier.
Enduring power of
Attorney
(in England and Wales) a power of attorney which takes effect in the future. If
a person is capable of dealing with their own affairs at
present, they can sign an enduring power of attorney.
It will only come into effect when they are no longer
capable of looking after their own affairs. It gives
authority to the person appointed to act for the person
who signed the power of attorney.
(Enduring power of attorney (EPA) was replaced by lasting powers of attorney (LPA)
on 1 October 2007. An EPA made before this date is still legal and can still be
registered with the Office of the Public Guardian. After this date, you must make an
LPA instead.)
Engrossment preparing the final version of a legal document ready
for it to be executed (made valid such as with a
signature).
Equitable mortgage the type of mortgage where the purchaser owns the
property which is security for the mortgage.
Escrow a deed which has been supplied but cannot become
effective until a future date, or until a particular event
happens.
Estate is:
• all a person owns at the date of their death; or
• the right to use land for a period of time.
Estimate an offer to do stated work for a set price.
Estoppel a rule of law that a person cannot deny something
they previously said, if someone else acted on what
was said and their position was changed, possibly for
the worse, as a result.
Et seq 'and in the following pages'. It is sometimes written in
books and documents. (This phrase is abbreviated
from the Latin 'et sequeus'.)
Euthanasia killing someone to end their suffering.
Excess of jurisdiction someone such as a judge acting without authority.
Exchange of contract swapping identical contracts. When land is sold, the
person selling and the person buying both sign
identical copies of the contract and exchange them.
The contract is then binding on both of them.
Excise duty a type of tax levied on certain goods such as petrol. It
is also levied on some activities such as gambling
and on certain licences for activities (such as driving
a car on the public roads).
Exclusions the things an insurance policy does not provide
cover for. They will be listed in the insurance policy.
Exclusive licence a licence under which only the licence holder has
any rights.
Ex dividend without dividend. If a share is sold ex dividend, the
seller will receive the dividend declared just before it
was sold.
Execute to carry out a contract.
Executed describing a document which is made valid (in the
eyes of the law) such as by being signed or sealed.
Executive director a director who usually works full time as a director of
the company.
Executor a man appointed in a will to deal with the estate,
according to the wishes set out in the will. Today it is
often used to refer to a woman as well.
Executory describing something, such as a contract, which has
not been started yet.
Executrix a woman appointed in a will to deal with the estate,
according to the wishes set out in the will.
Exemplary damages damages given as a punishment for the defendant.
Ex gratia describing something done or given as a favour
rather than a legal obligation. (This term is Latin.)
Ex parte done by one side only in a case. (This term is Latin.
Since April 1999, it is often replaced with 'without
notice'.)
Expert witness an expert in a particular field who is called to give an
opinion in a court case.
Ex post facto describing a law which is retrospective (it affects past
acts as well as future ones). (This term is Latin.)
Extradition the handing over of a criminal to the country the
crime was committed in.
Extraordinary general
Meeting a general meeting of the members of a company
which is not the annual general meeting.
Extraordinary
Resolution a resolution for consideration by the members of a
company at a general meeting of the members.
Ex works available from the factory. When something is sold
ex works the buyer can collect it from the place it
was manufactured or from some other place agreed
by the buyer and seller.
F
Factor is:
• someone buying or selling for a commission; or
• an organisation which provides finance for a
business by advancing money on the value of
the invoices the business sends out.
False imprisonment wrongfully keeping someone in custody (for
example in prison).
False pretence misleading someone by deliberately making a
false statement.
False representation lying in a statement to persuade someone to enter
a contract.
Family Division the part of the High Court dealing with
marriage breakdowns and probate.
Felony the former term used for serious crimes such as
rape or murder. It is still in use in the USA.
Feme covert a woman who is married.
Feme sole a woman who is not married or no longer married.
Feu a lease which lasts for ever.
Feu duty a yearly charge on a feu (which only applies in
Scotland.)
Fiduciary in a position of trust. This includes people such as
trustees looking after trust assets for the
beneficiaries and company directors running a
company for the shareholders' benefit.
Final judgement the court's final decision in a civil case.
Fitness to plead whether or not the person charged is capable of
making an informed decision. If, because of mental
illness, a person charged with an offence is unable to
understand what is going on the person may not be
fit to plead guilty or not guilty.
Fixed charge a charge which provides security for money lent. The
charge is over a specific property.
Floating charge a charge used to provide security for money lent to a
company. The charge is over the company's liquid
assets (such as stocks and debtors) but it is only
triggered by an event such as liquidation.
Forbearance when one party to an agreement does not pursue
rights under the agreement even though the other
party has not kept to its terms. An example would be
someone not suing to recover an overdue debt.
Force majeure an event which cannot be controlled and which stops
duties under an agreement from being carried out.
(This phrase is French.)
Foreclosure repossessing property. If a mortgagor (the borrower)
has failed to keep up the repayments on a mortgage,
the mortgagee (the lender) may apply to the High
Court for an order that the debt be repaid by a
particular date. If the debt is not repaid the property
will be repossessed. This procedure is called
foreclosure.
Forfeiture the loss of possession of a property because the
tenancy conditions have not been met by the tenant.
Fostering looking after other people's children. Sometimes
children are looked after by people who are not their
parents (natural or adopted). It usually happens
because the parents cannot look after the children
properly because of changed circumstances such as
illness.
Fraud lying or deceiving to make a profit or gain an
advantage, or to cause someone else to make a loss
or suffer a disadvantage.
Fraudulent conveyance ownership of land being transferred without
consideration and with the intention of defrauding
someone.
Fraudulent preference someone who is insolvent paying one of their
creditors while knowing there is not enough money to
pay the others.
Fraudulent trading running a business with the intention of defrauding
its creditors or other people.
Freehold describing land that only the owner has any
rights over.
Free of encumbrances no one else having any rights over something. When
property is owned by someone and nobody else has
any rights over it, it is owned free of encumbrances.
Frustration stopping a contract. Sometimes a contract cannot be
carried out because something has happened which
makes it impossible. This is called frustration of
contract.
Futures contract a binding contract to buy or sell something on a date
in the future at a fixed price.
G
Garnishee order a court order to a third party who owes money to a
judgement debtor to pay the money to the judgement
creditor.
General damages damages a court will give to compensate for a wrong
done without needing specific proof that damage has
been done to the claimant ('plaintiff' before April
1999). The court presumes that losses or damage
exist such as in a libel case.
General meeting a meeting of the members of a company to make
decisions about the company.
Grant proof that you are entitled to deal with a dead
person's estate. The grant is issued by the Probate
Registry.
Grant of probate a certificate proving that the executors of a will are
entitled to deal with the estate. When a person dies
the executors fill in various forms for the Probate
Registry. The forms are then sent to the registry
together with the will and the death certificate. A
registrar examines all the documents and, once
satisfied with everything, issues the grant of probate.
Grievous bodily harm intentionally causing serious physical harm to
someone. This is more serious than actual bodily
harm.
Guarantee a promise by a person (the guarantor) to repay a
debt owed by a second person if the second person
fails to repay it. For example, a guarantee is
sometimes required by a bank before it will lend
money to a customer.
Guarantee company a company whose members only have to pay the
amount they have agreed to contribute, if the
company has to be wound up. They do not have to
pay in extra money if there is not enough to pay all
the company's debts.
Guarantor a person or organisation that promises to pay a debt
owed by a second person, if the second person fails
to repay it.
Guardian a person appointed formally to look after the
interests of a child, or of someone who is not
capable of looking after their own affairs.
Guilty a court's verdict that the person charged with a
crime committed it.
H
Habeas corpus a writ which can be applied for to order a person's
release if they have been imprisoned unlawfully.
Harassment of debtors the illegal act of attempting to collect a debt by
threatening, or habitually acting in a way that
humiliates or distresses, a debtor.
Harassment of
Occupiers the illegal act by a landlord of using, or threatening to
use, violence, or interfering with the tenant's
enjoyment of the property, in an attempt to
repossess the
property.
Hearsay evidence evidence given in court of something said to the
witness by another person.
Hereditament any property which is capable of being inherited.
High Court (of Justice) part of the Supreme Court. It is split into three
divisions called:
• Queen's Bench Division;
• Chancery Division; and
• Family Division.
Hire to pay to borrow something for a period.
Hire purchase a form of credit which allows the purchaser to have
possession of the goods shown in the hire purchase
agreement. Ownership passes to the purchaser
when the fee and all the instalments have been paid.
HM Customs and
Excise a government department responsible for
administering (managing) value added tax, customs
duties and excise duties.
HM Land Registry a registry with offices in towns and cities throughout
the UK which keep records of registered land.
Holding company a company which controls another company, usually
by owning more than half of its shares.
Hostile witness a witness who:
• refuses to testify in support of the people who
called them; or
• testifies in a way which differs from their
previous statement.
House of Lords the upper house of the Parliament of the United Kingdom.
Housing associations organisations run to provide housing for people.
They are not intended to make a profit.
Hypothecation a person giving a bank authority to sell goods which
have been pledged to the bank as security for a loan.
I
Indict using legal means, to officially accuse someone of
committing an offence.
Indictable offence an offence which can be tried by jury in the Crown
Court
.
Indictment a document setting out the details of the offence a
defendant is accused of.
Intangible property property which does not physically exist, such as a
right or a patent.
Interest a legal right to use property.
Interlocutory
Judgement a provisional judgement. (Since April 1999, this had
been replaced with the phrase 'Judgment for an
amount and costs to be decided by the court').
Interlocutory
Proceedings the first things to be done before a civil case comes
to trial. They include pleading (preparing the formal
written statement) and discovery (stating the
documents, under one party's control, which are
relevant to the case and making them available to
the other party) so that there are no surprises when
the trial starts.
Interrogatories in a civil case, formal questions from one side which
the other side must answer under oath.
Intestacy/intestate when someone dies without leaving a will. Their
estate is divided up between their relatives following
the rules set by law.
Intimidation threatening or frightening someone into doing
something.
Involuntary manslaughter Death caused by a person who thought they might
cause physical but not fatal harm and there was no
lawful excuse.
Issue the legal word for:
• children; or
• the matter to be decided by a court action.
Issued share capital share capital which has been allocated to
shareholders who have subscribed for (asked for)
shares.
J
Joint and several
liability two or more people responsible for repaying a debt.
They are each responsible individually to repay all
the debt as well as being responsible as a group.
Joint lives policy a life assurance policy on more than one person's
life. The policy pays out on the first death.
Joint tenancy two or more people having identical shares in land.
Joint will a single will which two or more people make to cover
all their estates. Probate has to be obtained on each
death.
Joyriding taking a vehicle without permission and using or
allowing it to be used without authority.
Judge a person whose job is to adjudicate in court cases.
The Crown and the Prime Minister appoint judges.
Most are barristers but some are solicitors.
Judge advocate a lawyer who advises a military court which is trying
an offence.
Judge Advocate
General a lawyer who is in charge of military justice in the
British Army and the Royal Air Force.
Judge Advocate
General's
Department a government department which appoints barristers
to advise army and air force courts.
Judge Advocate of the
Fleet a lawyer who is in charge of military justice in the
British Navy.
(Office of the) Judge
Advocate of the Fleet a government department which appoints barristers to
advise naval courts.
Judge in chambers describes a hearing in front of a judge which is not
held in court.
Judgement a decision by a court.
Judgement creditor a person who is owed money and who has been to
court and obtained a judgement for the money owed.
Judgement debtor a person who owes the money a court judgement
says is owed.
Judgement in default getting a judgement against you because youfailed
to do something. If a civil case has gone to court but
the defendant does not do something required by the
court (such as turn up), judgement for the claimant
('plaintiff' before April 1999) may be given.
Judgement summons a summons to appear in court to disclose (reveal)
income and assets under oath because a judgement
debtor has failed to pay the judgement debt.
Judicial discretion a degree of flexibility about the way courts do things.
Judicial immunity immunity that a judge normally has from being sued
for damages when acting as a judge.
Judicial precedent Lower courts have to follow the decisions of higher
courts. This is called judicial precedent, binding
precedent or precedent.
Judicial separation a court order that two married people should live
apart.
Junior barrister a barrister who is not a Queen's Counsel.
Jurisdiction is:
• the territory in which a court can operate;
• the power it has to deal with particular cases;
or
• the power it has to issue orders.
Juror one of the people who are acting as a jury.
Jury a group of people (usually 12) who review all the
evidence in a court case and then come to a verdict.
Jury service serving on a jury. Most people between the ages of
18 and 70 can be required to serve on a jury.
Just and equitable
winding up a winding up ordered because fairness cannot be
achieved for all the members of a company.
Justice of the Peace
(JP) a person appointed by the Crown to act as a
magistrate.
Justification claiming that a defamatory statement is true. In a
defamation case a defendant may admit that the
claimant ('plaintiff' before April 1999)'s allegations are
true but plead that the statement which defamed was
true.
Justifying bail proving to the court that the person giving the surety
has the assets to pay the bail.
Juvenile offender a person aged between 10 and 17 who has
committed a criminal offence.
K
Kerb crawling the offence committed in a street or public place by a
man in a motor vehicle (or near a vehicle he has just
got out of) who approaches a woman for sexual
services in return for money.
Kidnap to take someone away by force against their will.
Knock for knock an agreement between insurance companies that
they will pay for their own policyholders' losses
regardless of who was to blame.
Know-how the expertise in an organisation which may be
protected by a patent.
L
Land includes:
• the buildings built on the land;
• the subsoil;
• the airspace above the land necessary for
ordinary use of the land; and
• property fixed to the land.
Lasting powers of attorney
(in England and Wales) There are two types of lasting powers of attorney
(LPA):
• health and welfare; and
• property and financial affairs.
If a person is capable of dealing with their own affairs at
present they can make either or both types of LPA.
A finance LPA can be used as soon as the Office for the
Public Guardian has registered it. But, a health and
welfare LPA can only be used when the person can no
longer look after their own affairs.
A lasting power of attorney gives another person
authority to act on your behalf.
Lawsuit a claim made in a court of law.
Leading question a question which:
• suggests the answer to be given; or
• assumes things to be true which in fact are
disputed.
Lease a contract between the owner of a property and a
tenant, giving the tenant sole use of the property for
an agreed time.
Leasehold property held by a tenant with a lease.
Legacy a gift left to someone in a will, but not including land.
Legal aid scheme a scheme for paying legal costs out of public funds
for people who cannot afford to pay for them.
Legatee the person who receives a legacy.
Lessee the person a property has been leased to.
Lessor the person who lets a property by lease.
Letter of credit a letter one bank sends to a second bank asking
them to pay money to a named person.
Letters of administration an authority the courts give to a person to deal with a
dead person's estate. It is given when someone dies
intestate.
Liabilities the debts that a person or organisation owes.
Liability a debt or obligation.
Libel a false statement made in writing or in some other
permanent record (such as a film).
Licence an authority to do something.
Licensed conveyancer a person authorised to do conveyancing (but not
including solicitors).
Licensee the holder of a licence to do something.
Lien the right to keep possession of something owned by
someone who owes a debt, until the debt has been
settled.
Life assurance policy
(or life insurance
policy) a contract between the policyholder and the
insurance company. The insurance company pays
out if the policyholder dies.
Life assured the person whose life is assured by a life assurance
policy.
Life imprisonment a sentence given to a criminal to be imprisoned for
the rest of their life (though the Home Secretary may
release them early on parole).
Life interest an interest which will pass to someone else when the
present owner dies.
Life tenant someone entitled to use property for the rest of their
life.
Limited company a company which limits how much its members will
have to pay if the company is wound up. The
members of most limited companies will only have to
pay any money unpaid on their shares. If a company
limited by guarantee is wound up, the money its
members have to pay is limited to the amount shown
in the memorandum of association.
Liquidated damages damages agreed beforehand by the parties to a
contract in case one of them should later break the
terms of the contract.
Liquidation the process of winding up a company by disposing of
its assets, paying its creditors in a strict order of priority
and distributing any money left among the members.
Liquidator the person appointed to wind up a company.
Litigant a person involved in a lawsuit.
Litigation taking legal action through the courts.
Loan capital money borrowed by an organisation.
Loan creditor a person or organisation which has lent money to an
organisation.
M
Magistrate a Justice of the Peace who presides over (is in
charge of) minor cases heard in the magistrates'
court.
Magistrates' court the lowest court. The things it deals with include
minor criminal cases, most criminal cases involving
10- to 17-year-olds, issuing alcoholic drink licences
and hearing child welfare cases.
Maintenance money paid (and things paid for) to support a partner
(husband or wife) and children when a marriage has
failed.
Majority the age when a person gains full legal rights and
responsibilities. In the UK it is when a person
becomes 18 years old.
Male issue male descendants (sons only) of men.
Malfeasance an unlawful act.
Malice intending to do something which is against the law.
Malice aforethought planning to kill someone or intending to do
something which is likely to kill.
Malicious falsehood a written or spoken lie told to harm somebody and
which does do harm.
Malicious prosecution a prosecution which is brought unreasonably.
Mandate an authority to act given by one party to another. An
example is when a bank's customer writes
instructions on the mandate for the bank to follow
when operating the customer's account.
Manslaughter killing someone illegally but by accident. (See also
Involuntary manslaughter and Voluntary
manslaughter
Market overt a lawful market in which, as long as someone buying
goods is not aware that they do not belong to the
seller, the buyer will get a good title to the goods.
Martial law government of a country by the military.
Master of the Rolls the person in charge of:
• the Civil Division of the Appeal Court; and
• admitting solicitors to the roll of solicitors in
practice.
Material facts facts which are a key part of a defence or a claim.
Matricide the killing of a mother by her son or daughter.
Matrimonial causes the court proceedings:
• to divorce people;
• to separate a married couple; or
• to dissolve a marriage.
Matrimonial home the house that a husband and wife live in as a
married couple.
Mediation help from an independent person (a mediator) to solve
differences between a husband and wife whose
marriage has broken down. The mediator helps them
to agree what should be done about their children,
money and so on.
Memorandum and
articles of association The memorandum gives details of a company's
name, objects (purposes) and share capital. It also
sets out the limits of the shareholders' liability if
thecompany has to be wound up. The articles set out
the members' rights and the directors' powers.
Mens rea the intent to commit a crime and also the knowledge
that an act is wrong. (This term is Latin.)
Mercantile law the branch of the law dealing with commerce.
Merchantable quality the assumption in the law that goods sold by a
business will be fit for their purpose.
Mesne profits income lost by a landlord because the property is
occupied without the landlord's permission. An
example would be a tenant failing to leave the
property when the tenancy finished.
It is also the profits lost by a landowner when
wrongly deprived of the use of his or her land.
Messuage a house together with its land and outbuildings.
Minor someone who has not yet reached the age when
they get full legal rights and responsibilities. In the
UK this is a person under 18 years old.
Minority being under the age of full legal rights and
responsibilities.
Minutes a record of the meetings held by members and
directors of companies.
Misadventure an unexpected accident which happens while
lawfully doing something.
Miscarriage of justice the court system failing to give justice to someone.
Misconduct deliberately doing something which is against the law
or which is wrong.
Misdirection a judge instructing a jury wrongly.
Misfeasance when:
• something is done badly even though it is still
legal; or
• a company officer does something which is a
breach of trust or a breach of duty.
Misrepresentation a lie told to persuade someone to enter into a contract.
Mistrial a trial that has been made invalid.
Mitigation putting facts to a judge, after someone has been
found guilty, to justify a lower sentence.
Molest/Molestation behaviour by a person which annoys or greatly
troubles their children or spouse. The behaviour can
include violence, verbal threats and written threats.
Money laundering making money from crime and then passing it
through a business to make it appear legitimate.
Moratorium an agreement not to take action to recover a debt for
an agreed period of time.
Mortgage using property as security for a debt. It is also the
name for the contract which is signed by the
borrower and lender when money is lent using
property as security for a loan.
Mortgagee the lender of the money which is secured by a
mortgage.
Mortgagor the person who borrows the money to buy a property.
The lending is secured with a mortgage of the
property.
Motive a reason for a person doing something.
Muniments documents which are evidence of a right to
something.
N
Naked trust a trust which holds property for a person until they
ask the trustee to return it.
Naturalisation giving a citizen of one country citizenship of another.
Negligence lack of proper care to do a duty properly.
Negligent lacking proper care to do a duty properly.
Negotiable instrument a document which:
• is signed;
• is an instruction to pay an amount of money;
• can have its ownership changed by changing
• the name it is paid to; and
• can have its ownership changed simply by being
delivered to its next owner.
Next of kin a person's closest blood relatives.
Nondisclosure the failure by one side to a contract to disclose
(reveal) a fact to the other side that would influence
their decision to go ahead with the contract.
Non-exclusive licence an agreement giving someone the right to use
something but which does not prevent other people
being given similar agreements.
Notary a person (usually a solicitor) who is authorised to
certify documents, take affidavits and swear oaths.
Not guilty a court's verdict that the person charged with a crime
did not commit it. When criminal court cases start the
defendants are asked for their pleas. If they want to
deny they committed the offence they plead not guilty.
If a court's verdict is that the prosecution has not
proved the defendant committed a crime, the
defendant has been found not guilty.
Notice a warning of something which is about to happen.
Notice to quit a notice to end a tenancy on a stated date. It is
usually sent by the landlord to the tenant although
the tenant can also send one to the landlord.
Not negotiable cannot be transferred. If a bill of exchange is marked
not negotiable it cannot be transferred to someone
else.
Novation replacing an existing agreement with a new one.
Nuisance doing something that harms other people's rights.
O
Oath swearing the truth of a statement.
Objects clause a clause which forms part of a company's
memorandum of association It sets out the purposes
the company was formed for.
Obligation a legal duty to do something.
Obligee someone who, under a contract, receives money or
has something done.
Obligor someone who is bound by a contract to pay money
or do something.
Obstruction a motoring offence involving:
• leaving a vehicle or other obstruction in a road;
or
• driving in a way which inconveniences other
road users.
Occupation taking control of a piece of land which belongs to
someone else.
Occupational pension
Scheme a pension scheme organised by an employer for its
employees.
Occupier the person who is in control of a piece of land, such
as a tenant.
Offensive weapon an object that is intended to physically injure
someone.
Offer a promise to do something, or not to do something. If
the promise is accepted it becomes legally binding.
Offeree the person who receives the legally binding offer.
Offeror the person who makes the legally binding offer.
Official receiver the person appointed to act as a receiver in
bankruptcies and company winding-up cases. The
Department of Trade and Industry appoints official
receivers.
Official secret information which the Government classifies as
confidential. It is a criminal offence to disclose an
official secret without permission.
Official Solicitor an officer of the Supreme Court whose duties include
acting for people who cannot act for themselves, such
as children or people with mental health problems.
Omission a failure to do something.
Oppression the offence of public officials using their official
positions to harm or injure people.
Option a type of contract under which money is paid for a
right to buy or sell goods at a fixed price by a
particular date in the future.
Order an instruction by or command of a court.
Order in Council an order given by the monarch (King or Queen) after
taking advice from the members of the Privy Council.
Originating summons a summons that sets out the questions the court is
being asked to settle. When the facts in a case are
not disputed, but the interpretation of the law or of
the documents needs to be resolved, an originating
summons is prepared.
Outlaw formerly, a person who was not protected by the law.
Overt act an act done openly and from which the criminal
intention of the act is clear.
P
Panel the list of people who have been summoned for jury
service.
Pardon releasing someone from a court's punishment. The
Crown has the right to alter, cancel or reduce the
penalties imposed by the courts.
Pari passu equally. (This term is Latin.)
Parole release from prison early. If someone is given parole
they may be returned to prison if they offend again.
Party the claimant ('plaintiff' before April 1999) or
defendant in a lawsuit. It is also someone who has
taken out a contract or agreement.
Passing off pretending that the goods and services offered are
those supplied by another business.
Patent an official right for a specified period of time to be the
only person (or organisation) to make or sell
something.
Patricide the killing of a father by his own son or daughter.
Pawn to pledge goods as security for a loan.
Payee the person money is being paid to.
Payment into court money paid to the court by the defendant for payment
to the claimant ('plaintiff' before April 1999).
Penalty is:
• a sum of money which has to be paid if the
terms of a contract are broken; or
• a punishment given to someone who commits
a crime.
Penalty points points given by a court as punishment for driving
offences. If enough penalty points have been
collected the offenders may have their driving
licences taken off them.
Per through or by. (This word is Latin.)
Performance doing what is required under a contract.
Perjury lying to a court after you have been sworn in.
Perpetuity forever. The law prevents property being tied up in
perpetuity because it could stop owners disposing of
it.
Per pro on behalf of. (This term is Latin.)
Per quod in accordance with or whereby. (This term is Latin.)
Per se in itself or by itself. (This term is Latin.)
Personal guarantee a pledge, by a person to a bank, to repay a debt
owed to the bank if the bank's customer fails to pay
it.
Personal injury an injury caused to a person.
Personal property all property except land.
Personal
representative a person who is appointed to deal with a dead
person's estate. If there is a will, the executors
appointed will be the personal representatives. If
there is no will, the courts will appoint someone
called the administrator.
Personalty another word for personal property.
Personation pretending to be someone you are not.
Per stirpes describes property divided equally between the
offspring. If a parent who is a beneficiary under a will
dies and the legacy goes to the children in equal
shares, the legacy has been divided per stirpes.
(This term is Latin.)
Perverting the course
of justice doing something to interfere with the justice system
(such as misleading the court or intimidating
witnesses).
Plaintiff the person who goes to court to make a claim
against someone else. (Since April 1999, this term
has been replaced with 'Claimant'.)
Plea the defendant's answer to the accusations.
Plea bargain when the defendant pleads guilty instead of not guilty
in return for a concession by the prosecution (such
as dropping another charge).
Plead to declare to the court whether you are guilty or not
guilty.
Pleadings statements of the facts prepared by both sides in a
civil case. Each side gives the other its pleadings so
that they are both aware of what arguments will be
used during the trial. (This term was replaced with
statement of case' in April 1999).
Pledge letting someone take possession of goods but the
ownership does not change. It is often done to give
security for money owed or to make sure that
something is done as promised.
Plenipotentiary someone who has been given complete authority to
act.
Poaching taking game from someone else's land without
permission.
Polygamy being married to more than one person at once.
Possess to have property under your control.
Possession having something under your control even though
you may not own it.
Possessory title gaining title through possession. If you have
possession of something for a long time you may
gain title to it even though you do not have
documents to prove that it is yours.
Post-mortem the examination of a dead body to establish the
cause of death.
Power of appointment a person giving a second person the power to
dispose of the first person's property.
Power of attorney a document which gives power to the person
appointed by it to act for the person who signed the
document.
Practising certificate certificates showing a person is entitled to practise
law. Every year the Law Society issues these
certificates to the solicitors who can practise law.
Preamble an explanation of a proposed law. At the beginning of
each Act of Parliament there is an explanation of what
the Act is intended to achieve.
Precedent Lower courts have to follow the decisions of the
higher courts. This is called precedent, binding
precedent or judicial precedent.
Precept an order given by an official body or person. It is
used:
• by a county council to tell a body to levy
(charge) rates for the benefit of the county
Council;
• by a sheriff to call an election; or
• to order payment of a sum of money, such as
by a writ or a warrant.
Pre-emption the right to buy property before others are given the
chance to buy.
Preference when insolvent, paying one creditor while leaving
other creditors unpaid.
Preference shares a share entitled to a fixed dividend. Holders of
preference shares are treated more favourably than
ordinary shareholders. The preference dividend is at a
fixed rate and must be paid in full before a dividend
can be paid on the ordinary shares. When the
company is wound up the preference shares must be
fully paid out before the ordinary shareholders can
be paid.
Preferential creditor a creditor who has to be paid in full before unsecured
creditors can be paid anything.
Prima facie on the face of it. (This term is Latin.)
Principal is:
• someone who authorises another person to act
for them;
• the actual person who committed a crime; or
• an amount of money lent or invested, not
Including the interest.
Privilege special rights which some people have because of
the job they do or their special status. For
example, diplomats of foreign countries are
immune from arrest in the UK.
Privity of contract only the parties to a contract can sue each other
over breaches of contract.
Privy Council a body of people appointed by the Crown. Its
members include members of the royal family,
present and former cabinet ministers and people who
hold or have held high office. Its main duties are
advising the Queen.
Privy Purse money given to the Crown for royal household
expenses.
Probate authority to deal with a dead person's estate. When
someone has died and left a will, the executors of
the estate apply to the court for this authority.
Probate Registry a registry which deals with the forms which are
needed when someone applies for probate.
Probation If a court convicts someone of an offence, the court
may order that the offender is supervised by a
probation officer for a period of at least six months
but for no more than three years. This is known as
probation and it is an alternative to sending the
person to prison.
Process In law a process is:
• a summons or writ which is used to order
someone to appear in court;
• the whole of a case from beginning to end; or
• the total number of summonses or writs issued
during a case.
Procurator a person who has been given authority to manage
another person's affairs, such as under a power of
attorney.
Procurator fiscal under Scottish law, a person who acts as public
prosecutor and coroner.
Product liability the liability of manufacturers and sellers to
compensate people for unsafe goods which have
caused injury to people or property.
Promisee a person who has been promised something.
Promisor a person who has promised something.
Promissory note a written promise to pay an amount of money to
someone at a given time.
Property the name for anything which can be owned.
Pro rata in proportion. For example, if 10 items cost £100 you
would expect three items to cost £30 if they were
priced pro rata. (This term is Latin.)
Prosecution the name for the team of people (lawyers and so on)
bringing proceedings against someone else. Also
when legal proceedings are taken against someone it
is called a prosecution.
Prosecutor the person who brings legal proceedings, on behalf
of the Crown, against the accused.
Prospectus a formal document giving details of a company's past
performance and of its plans for the future. If a public
company wants people to invest in it, it prepares a
prospectus.
Prostitution selling sexual services for money.
Protected tenancy a tenancy agreement for a house. It gives the tenant
the right to a fair rent and protection from eviction as
long as the terms and conditions of the tenancy
agreement are kept to.
Proviso a clause in a legal document which qualifies another
section of the agreement.
Provocation causing someone to lose their self-control by doing
or saying something (such as threatening to harm a
baby) which would cause a reasonable person to
temporarily lose their self-control.
Proxy a person appointed by a shareholder to go to a
meeting of shareholders. The proxy can vote at the
meeting for the shareholder.
Proxy form a form for shareholders by which, if it is delivered to
a company at least 48 hours before the
shareholders' meeting, the person who is the proxy
will be able to vote at that meeting.
Public mischief something that someone does which damages the
general community.
Public nuisance a crime by which the general public is put in danger
or suffers damage to its health, property and so on.
Putative father the man found by a court to be the father of an
illegitimate child.
Q
Qualifying child when used in connection with Child Support this
means a natural child or adopted child who is under
16, or under 19 if receiving full-time education.
Quango an organisation set up by the Government to do a
particular activity. It is partly independent and does
not form part of the Government.
Quarter days in England the days when payments which are made
every quarter should be paid. The quarter days are
the days that the seasons are said to start. The actual
dates and their names are:
• 25 March - Lady Day;
• 24 June - Midsummer Day;
• 29 September - Michaelmas Day; and
• 25 December - Christmas Day.
Queen's Bench
Division part of the High Court. Its main function is to deal
with civil cases.
Queen's Counsel (QC) a barrister who has been chosen by the Lord
Chancellor to serve as counsel to the Crown. A
Queen's Counsel is more senior than other
barristers.
Queen's evidence evidence for the prosecution given by someone who
is also accused of the crime being tried.
Quiet enjoyment allowing a tenant to use land without interference.
When a tenancy is created the landlord is expected to
allow the tenant to use the land without any
interference, unless the tenancy agreement allows it.
Quiet possession using property without interference. When property is
sold the buyer should be able to use the property free
from interference by the seller.
Quorum the lowest number of qualifying people needed for a
meeting to be able to make a decision.
R
Racial discrimination treating someone less favourably because of their
race, colour, nationality or culture.
Rack rent the full market value rent of a property.
Rape having sex with a person without their permission
(such as if they were asleep or unconscious) or
forcing them to have sex against their will.
Real relating to immovable property such as buildings or
land.
Real estate land owned by someone who has died. In the USA it
is also land and buildings used for business
purposes.
Real property land and buildings, minerals in the land and rights
over the land.
Realty another word for real property.
Reasonable force necessary force. Reasonable force is a complex
issue but essentially use of some force must be
necessary to defend your property or yourself and
the force used must be in proportion to the threat.
Receiver someone appointed to:
• sell assets to raise money to repay lenders; or
• protect property.
Receiving gaining control of stolen property.
Recognisance an undertaking, given by someone to a court, to
make sure that they do what the court requires. If
they do not do as the court wishes they may have to
pay a sum of money.
Record the documents in a court case from beginning to
end.
Recorder a part-time High Court judge.
Recovery regaining possession of land by taking court
proceedings.
Redemption paying off all the money borrowed under an
agreement.
Redundancy being dismissed from a job because it no longer
exists.
Registered land any land recorded at the Land Registry. There is a
system of recording and registering, at the Land
Registry offices, details of land ownership and
interests in land.
Registered office the official address where documents can be served
on a company.
Also, the company's
registers can be
inspected at the
registered office.
Registrar of
Companies an official in charge of the office which keeps records
of registered companies. There is a registrar for
Scotland and another one for England and Wales.
Reinsurance an insurance company insuring part of a risk it is
covering. If an insurance company has taken on a
large insurance contract it may decide to spread the
risk of loss by insuring part of the risk with another
insurance company.
Release means:
• to give up a valid claim against someone;
• to free someone from prison; or
• a document used to cancel a claim one
person has against another.
Remainder an interest which starts when a previous interest
finishes. When more than one person has been left
an interest in land the first person to possess an
interest will have to die before the next person can
possess an interest in the land, and so on.
Remand being kept in prison or paying bail. If an accused
person is placed on remand they are either kept in
prison for a short period or have to pay bail or get
someone to pay it for them. It is used for short
periods before a trial starts.
Remedy using the law to get compensation for damage done
or for rights infringed. Also, a remedy can be using
the law to prevent something from happening.
Renouncing probate a proposed executor refusing to act. Sometimes
when a testator dies an executor will not wish to
accept appointment. The executor has to tell the
Probate Registry about it in writing.
Rent a regular payment to the landlord by a tenant in
return for being allowed to possess and use the
landlord's property.
Repeat offender a person who continues to commit the same offence.
Reply a claimant ('plaintiff' before April 1999)'s answer to a
claim. In a civil case the defendant may offer a
defence to the claim, or even make a counterclaim.
Repossession or
Repossess a mortgagee recovering vacant possession of the
property mortgaged.
Representation Is:
• acting on behalf of someone else (such as a
solicitor acting for a client);
• taking someone else's place (such as when a
court gives an executor the right to deal with a
dead person's affairs); or
• a statement in a contract.
Representative action one or more people, in a group of people with the
same grievance, taking legal action representing the
group.
Reprieve a judge suspending or cancelling punishment for an
offence.
Rescission the cancellation of a contract.
Reservation of title a contract which leaves ownership of the goods with
the seller until the goods have been paid for.
Reserves money set aside in accounts which can be spent in
later years. Some types of reserve can only be spent
if certain conditions are met.
Residence order an order which a court issues when it has decided
where a child should live, setting out details of the
court's decision.
Residuary legacy what remains to be given out from an estate after all
debts, taxes and specific legacies have been paid.
Residue what is left of an estate after all debts, taxes,
expenses and specific legacies have been dealt with.
Res ipsa loquitur proof is not needed because the facts speak for
themselves. If the defendant was in charge of events
and an accident was caused on the face of it by
negligence, then it may be presumed that the
defendant was negligent unless there is evidence to
the contrary. (This term is Latin.)
Resisting arrest a person trying to prevent the police arresting him or
her. A charge could be made of obstructing a police
officer in the course of duty.
Resolution a decision taken by the members of a company in a
meeting.
Respondent the person an action is being taken against.
Restitution is:
• an order for the return of stolen goods to the
victim of the theft or for compensation to be
paid to the victim; or
• a writ, following a successful appeal, for the
return of the items lost after the original case.
Restraining order an order which a court may issue to prevent a person
from doing a particular thing. For example, if someone
has been harassing another person, the court may
order that the harassment must stop.
Restriction when placed on a piece of land the owner cannot sell
or mortgage the land.
Restriction order This order by the Crown Court prevents a person
being discharged from hospital, to protect the public.
Restrictive covenant a deed which restricts how a piece of land can be
used.
Retainer a payment to a barrister to act in a case.
Retention of title another term for reservation of title.
Reversion
Revocation cancellation.
Revoke to cancel or withdraw.
Revolving credit
Agreement a loan agreement under which a person can borrow
again to top up the loan, as long as they do not go
over their credit limit.
Right of way a legal right obliging the owner of land to allow
authorised people to cross it.
Rights issue an issue of extra shares by a company. Existing
shareholders can buy extra new shares in proportion
to the shares they already hold. The shares are
usually on sale at a lower price than the stock market
price to encourage shareholders to buy. The
shareholders can sell the rights if they do not wish to
use them.
Riot a gathering of 12 or more people using, or
threatening to use, violence to achieve a common
end.
Robbery using or threatening to use force while carrying out a
theft.
S
Sale or return an arrangement under which goods can be kept by
the potential buyer for a period while their resale is
attempted. Unsold goods can be returned if the
conditions of the contract have been kept to and the
buyer pays for the goods used.
Salvage compensation paid by the owners for saving ships,
aircraft and property from the sea.
Satisfaction is:
• paying a debt;
• settling an obligation by an act; or
• settling an obligation by substituting something
satisfactory for what was originally required.
Scheme of
Arrangement an agreement between a person with debts, who
cannot pay them when they are due, and the
creditors. The creditors share the money the debtor
manages to pay in proportion to what they are each
owed.
Scrip a certificate showing the extra shares and fractions
of shares the owner is entitled to.
Scrip dividend a dividend paid in shares instead of cash.
Scrip issue free shares offered to the members of a company in
proportion to their shareholdings.
Search inspection of the registers maintained by
organisations such as the Land Registry. When a
person intends to buy a property such as a house, a
solicitor arranges the inspection. This is to find out if
there is any adverse information about the property
or the surrounding area.
Search warrant a warrant issued by a magistrate, or High Court
judge, to allow police officers to search premises.
Securities stocks, shares, debentures and so on where there is
a right to receive interest or dividends from the
investment.
Security something of value pledged to a bank by a borrower.
If the borrower fails to repay the debt, the bank can
sell the security and repay the debt out of the
proceeds of the sale.
Security of tenure protection from a landlord attempting to obtain
possession of the property the tenant is renting.
Sedition writing things or saying things which encourage
ordinary people to rise up against the Government or
which cause discontent.
Sentence the penalty the court imposes on someone found
guilty of an offence.
Separation order a court order that a husband and wife can live
separately if they wish.
Sequestration a court order for the seizure of someone's property.
Settle means:
• to create a settlement;
• to end a case by agreement; or
• to draw up a contract and agree its terms.
Settlement when property is bestowed, usually by a will or a
deed, on a trust for the benefit of people decided by
the settlor. It also means voluntarily agreeing to
settle a civil case.
Settlor the person who gives property to a settlement.
Several separate (not joint).
Shadow director a person who has not been appointed a director of a
company but nevertheless gives instructions to the
directors, which they comply with.
Share capital the money invested directly in a company by its
members. When the shares are first made available
by the company, people can apply to buy them. The
company states the price it wants for the shares.
Share certificate a document which certifies who owns shares in a
Company. It gives the type and number of shares
owned by the shareholder and lists the serial
numbers of the shares.
Share premium
Account an account in a set of books recording the extra
amount over face value that shares have been
issued for. If shares are issued for more than their
face value, the extra amount over face value is
called a share premium.
Sheriff someone appointed each year by the Crown to be a
county's senior officer. Each county in the UK has a
sheriff. To be eligible for the office the person must
own some land in the county. The areas of the law
which come within the sheriff's jurisdiction are largely
dealt with by the under-sheriff.
Shoplifting stealing goods from a shop.
Shorthold tenancy a tenancy under which the law allows the landlord to
repossess the house.
Sine die indefinitely. If a case has been adjourned sine die no
date has been set for it to be continued. (This term is
Latin.)
Slander saying something untrue about a person or doing
something, such as making a gesture, which
damages their reputation.
Small claims court a section of the county court which deals with small
claims. There is a simplified way of making a claim in
the county court in a civil case where the claim is for
no more than £5000 (or £1000 in personal injury
cases). Neither side can claim costs.
Smuggling importing or exporting goods illegally to avoid a ban
on them or to avoid the duties on them.
Sold note a note that shows details of investments which have
been sold, including the sale price and any charges
taken. Stockbrokers produce sold notes for their
clients.
Soliciting a prostitute attempting to get clients in a street or
other public place.
Solicitor a person who can deal with legal matters for the
public and give advice on legal matters. All solicitors
are listed on the roll of solicitors kept by the Law
Society.
Some solicitors can appear for their clients in some
of the lower courts.
Solicitor General the assistant of the Attorney General. They both
advise the Government.
Special resolution a resolution which must be approved by holders of at
least 75% of the shares with voting rights. (Some
types of share give their owners the right to vote at
shareholder meetings, but there are other types
which do not.)
Specific performance a court order to complete a contract. The courts may
order a person who has failed to fulfil an obligation
under a contract to complete it.
Spent conviction a conviction which, after the passage of a stated time
period, does not have to be disclosed (revealed) to a
court.
Squatter a person who occupies land illegally.
Stalking the name given to a form of harassment where a
person is made to feel alarmed or distressed by
another person's actions. The prosecution has to
prove that a reasonable person would have known
that the behaviour would create distress or fear. The
harassment must have happened on at least two
occasions.
Stamp duty a tax on the transfer documents for certain types of
transaction. Examples are buying shares, patent
rights and properties.
Statement of claim the claimant's written statement setting out the claim
in a civil case. (This term has not been used since
April 1999.)
Status how the law regards a person, such as whether the
person is a minor or a bankrupt and so on.
Statute an Act of Parliament.
Statute book all the existing statutes in a country.
Statute law the law created by Acts of Parliament.
Statute of limitation a statute which sets out the time limits within which a
court action must take place.
Statutory accounts company accounts which have been filed with the
Registrar of Companies. The accounts have to
disclose (show) the information required by the
Companies Acts.
Statutory audit an audit required by law. Certain companies have to
have their accounts audited by suitably qualified
accountants.
Statutory books books of account which companies must keep by law
to show and explain all their transactions.
Statutory demand a written demand for payment of a debt of more than
£750.
Statutory instrument a power delegated by Parliament. Parliament can
delegate its power to make and amend law to a
person or organisation. A statutory instrument is one
of these powers and is used by government ministers
to amend legislation.
Stay of execution the suspension of the carrying out of a court order.
Stipendiary magistrate a magistrate who gets a salary.
Stockbroker a person who buys and sells stocks and shares for
clients.
Subduct to withdraw.
Subject to contract an agreement which is not binding until a contract
has been signed.
Sub judice describes something being dealt with by a court
which cannot be discussed outside the court. (This
term is Latin.)
Subpoena a writ requiring the person it is addressed to to attend
at a specific place (such as a court) on a specific
date and at a stated time.
Subrogation substituting one person for another including all
rights and responsibilities.
Subscribers the people who set up a limited company.
Subsidiarity subsidiary activities. Member countries of the
European Community agreed that activities could be
done by the individual member countries unless they
could not do them adequately alone. The European
Community therefore should only do subsidiary
activities and this is called subsidiarity.
Subsidiary a company controlled by another company. The
control is normally a result of having more than 50%
of the voting rights.
Sue to start legal proceedings in the civil court against
someone.
Suicide the act of killing oneself intentionally.
Sui generis describes something that belongs in a particular
category or is the only one of its class. (This term is
Latin.)
Sui juris describes someone who can enter into a contract
without any restriction. (This term is Latin.)
Suit proceedings brought by one person against another
in a civil court.
Summary judgement obtaining judgement without a trial. In an action in
the High Court to recover damages or a debt, if the
claimant ('plaintiff' before April 1999) swears an
affidavit that it is believed that there is no defence to
the claim, the claimant ('plaintiff' before April 1999)
can obtain summary judgement.
Summary offence an offence that can only be tried by magistrates.
Most minor offences are summary offences.
Summary proceedings a trial by magistrates, where the defendant has the
right to choose which court should hear the case, but
has agreed to be tried in the magistrates' court.
Summary trial a trial by magistrates.
Summing up the judge's summary of a case. At the end of a trial
by jury the judge explains points of law in the case to
the jury, explains the jury's role and summarises the
evidence.
Summons an order by a court that a person attend at a
particular court at a stated time on a particular date.
Superior courts the higher courts in English law, which include the
High Court, the Court of Appeal, the Crown Court
and the House of Lords. Their decisions act as
precedents for the lower courts to follow.
Supervision order a court order that a child should be supervised by a
probation officer or a local authority.
Supra above (see above or before in the document). (This
word is Latin.)
Supreme Court the highest court in the UK, the Supreme Court is
the final court of appeal for both civil cases in the UK,
and for criminal cases in England, Wales and
Northern Ireland.
Surcharge a penalty charged if tax is paid late. It is also an extra
charge banks make if customers do not keep to the
agreements they made with the bank.
Surety someone who takes responsibility for someone else's
debts or promises, and guarantees that they will be
paid or undertaken (done). It is also the name for the
money put up as security that someone will appear
in court. If they do not appear in court the money will
be forfeited.
Suspended sentence a sentence that is postponed until the offender is
convicted of another offence.
SWIFT payment a payment from one bank account to another using
the SWIFT system. SWIFT stands for Society for
Worldwide Interbank Financial Telecommunications
and it is an international system for paying by credit
transfer.
T
Tangible asset an asset which can be physically touched.
Tangible property property that physically exists.
Tax money raised by the Government to pay for the
services it provides. Some taxes are called indirect
because they are part of the price we pay for goods
and services, such as VAT. Other tax is called direct
because the individual taxpayer pays it. Income tax
and corporation tax are examples of direct taxes.
Taxable supply a term for supplying goods and services on which
value added tax can be charged. This applies even if
the tax rate is 0% at present, because it can be
increased if the Government chooses to.
Taxation the levying of taxes.
Taxation of costs the scrutiny of and, if necessary, the lowering of a
solicitor's bill to a client. The scrutiny is done by a
court officer.
Tax avoidance reducing tax bills by using legal means.
Tax evasion breaking the law to reduce tax bills, such as by
concealing income.
Tax point the date when value added tax arises on goods or
services supplied (or made available) to a customer.
The tax point should be displayed on invoices. It is
not necessarily the same as the date of the invoice.
Teeming and lading a term used to describe attempts to hide the loss of
cash received from one customer by using cash from
other customers to replace it. This fraud can carry on
by using cash from other customers in the same
Way
Tenant a person or organisation granted a lease.
Tender supplying a price for a job. If an organisation asks
firms to send in tenders for supplying something,
they are asking for firm written offers to do the work
to an agreed standard and at a stated price.
Tenure how a piece of land is held by the owner (for
instance freehold or leasehold).
Term any of the clauses which form part of a contract.
Terra land. (This word is Latin.)
Terrorism using violence for political purposes.
Testament a will dealing with personal property.
Testamentum another name for a will.
Testator a person who makes a will.
Testify to give evidence.
Testimony the evidence a witness gives in court.
Theft taking someone else's property dishonestly, with the
intention of never returning it.
Threatening behaviour using threats, abuse or insults against another
person.
Timeshare an arrangement where people can buy a share in
part of a property for a period of time in each year.
They can use their part of the accommodation each
year for the period that is theirs.
Title the right to own something.
Title deeds the documents which prove who owns a property
and under what terms.
Toll a payment in return for being allowed to travel over a
road, bridge and so on.
Tort doing something which harms someone else. It
may result in a claim for damages. (This word is Old
French.)
Tortfeasor someone who commits a tort.
Trademark a mark which is registered at trademark registries
and which is used on products produced by the
owner. It is illegal for anyone else to display the
mark.
Transcript the official record of a court case.
Transferable securities securities, such as debentures, which can have their
ownership changed.
Transferee the person something is transferred to.
Transferor the person who transfers something to someone
else.
Treason the crime of betraying your country such as
helping your country's enemies in wartime.
Treasure trove treasure found in a hiding place and whose
owner cannot be traced. It belongs to the Crown
but the finder and the landowner may get a
reward.
Treasury the government department which administers
(manages) the country's finances.
Treasury bill an unconditional promise by the Treasury to repay
money it has borrowed for the short term (up to
one year), to pay for government spending.
Treasury Solicitor the person who gives legal advice to the Treasury.
Trespassing going on land without the owner's permission.
Trial an examination of the evidence in a case and the law
which applies.
Tribunal is:
• a body set up to act like a court, but outside the
normal court system;
• a forum to hear disputes and with the authority
to settle them;
• a body given power by statute to discipline
members of a profession who do not keep to
the high standards of behaviour demanded of
members of the profession; or
• a body set up by the members of an
association to police the members' actions.
Trust a financial arrangement under which property is held
by named people for someone else.
Trust corporation a company which acts as a trustee and holds a
trust's assets.
Trust deed a legal document which is used to:
• create a trust;
• change a trust; or
• control a trust.
Trustee a person who holds property and looks after it on
behalf of someone else.
Trustee in bankruptcy a person who administers (manages) a bankrupt
person's estate and pays any available money to the
creditors.
U
Uberrimae fidei of the utmost good faith. In certain contracts (such as
insurance policies) one party must disclose (reveal)
any material facts to the other party. If they are not
disclosed the contract can be cancelled or become
unenforceable. (This term is Latin.)
Ultra vires beyond one's powers. If an organisation does
something ultra vires, what it has done is invalid.
Underlease the lease of a property by a tenant of the property to
someone else.
Undertaking a promise which can be enforced by law such as a
promise made by one of the parties or by their
counsel during legal proceedings.
Unfair contract terms prevents a party to a contract unfairly limiting their
liability. The Unfair Contract Terms Act 1977 was
passed to control unfair exclusion clauses. In
particular, in a case where someone had been killed
or injured because of someone else's negligence the
act prevented a contract limiting the negligent
person's liability.
Unfair dismissal sacking an employee unfairly. When an employee
has been dismissed it is the employer's responsibility
to prove that the dismissal was fair. If an industrial
tribunal finds that the dismissal was unfair it can
insist on compensation or reinstatement.
Unit trust a trust which manages investments. People can
invest in unit trusts by buying units. The managers of
the trust use the money people invest to buy
investments. The fund manager values the fund's
assets from time to time and puts a new price on the
fund's units.
Unlawful wounding wounding someone without the justification of self
defence or without power given by the law.
Unliquidated damages the amount of damages decided by a court because
the parties to a contract had not agreed in advance
how much the damages would be for breaking the
terms of the contract.
Unreasonable behaviour behaviour by a married person that justifies the other
partner in the marriage living apart.
Unreasonable
behaviour
Unregistered company a company which is not registered under the
Companies Acts.
Unregistered land land which is not recorded in the registers at HM
Land Registry.
Unsecured creditor someone who has lent money without getting any
security for the loan.
Uterine describes people who have the same mother
but different fathers.
V
Vendee a person who buys something.
Vendor a person who sells something.
Verdict the jury's decision at the end of a case.
Vesting order a way the High Court transfers land without the need
for a conveyance.
Vexatious litigant a person who regularly brings court cases
which have little chance of succeeding.
Vicarious liability a situation where someone becomes responsible
under the law for wrongs done by someone else.
This often happens when an employee does
something wrong while at work which becomes the
employer's responsibility (such as an employee
working negligently and causing someone else to be
hurt because of the negligence).
Violent disorder three or more people in a gathering using
or threatening to use unlawful violence.
Void unable to be enforced by the law.
Voidable - able to be cancelled in certain circumstances.
Voluntary arrangement an agreement between a debtor and the creditors. If
a person or a company cannot pay their debts when
they are due they can come to a voluntary
arrangement with the creditors to pay the debts
over a period. If the creditors agree with the
proposals it avoids bankruptcy of the individual or
liquidation of the company.
Voluntary manslaughter Murder and voluntary manslaughter have the same
meaning in law. But there are four defences that
can reduce the crime in seriousness to
manslaugher:
• Provocation;
• Diminished responsibility;
• Infanticide: and
• Suicide.
W
Ward of court a person who is protected by the High Court, such as
a minor.
Warrant is:
• a certificate which gives the person holding it
the right to buy shares at a given price;
• a magistrate's written instruction to
arrest someone; or
• a magistrate's written instruction to search a
property.
Warranty a term in a contract. If the term is not complied
with damages can be claimed by the injured party.
Wayleave a right of way through or over a piece of land often
for a particular purpose, such as for a pipeline to go
through a piece of land or for goods to be carried
over it.
Will a legal document which people use to bequeath
(leave as a gift) money and property when they die.
Winding up disposing of all a company's assets and paying all its
debts. Any money left is then divided among the
members.
Without prejudice when written on a document, the document
cannot be used as evidence that a contract or
agreement exists.
Witness someone who:
• watches a signature being put on a
document, and then signs as well to verify the
signature's authenticity; or
• attends court to testify about events they
know about.
To witness a document is to watch it being
signed and then add your own signature
and name, address and occupation.
Words of art words which have a fixed meaning in law so
that their use in a legal document can have only
one interpretation.
Writ an order issued by a court telling someone to do
something or not to do something. (This has been
known as a 'claim form' since April 1999).
Writ of execution a type of writ ('claim form' since April 1999) used
when a court judgement needs enforcing.
Writ of summons a type of writ ('claim form' since April 1999) used to
start a civil case in the High Court. (This has been
known as a 'claim form' since April 1999).
Wrongful dismissal ending an employee's contract without following the
contract's terms.
Wrongful trading continuing to trade while knowing that there is little
prospect of the company being able to pay its debts.
Y
Young offender a person between the ages of 14 and 17 who has
committed a crime.