ARTICLE II -Declaration of Principles SECTION 11.

The State values the dignity

and State Policies of every human person and guarantees
full respect for human rights.
Principles
SECTION 12. The State recognizes the
SECTION 1. The Philippines is a sanctity of family life and shall protect and
democratic and republican State. strengthen the family as a basic
Sovereignty resides in the people and all autonomous social institution. It shall
government authority emanates from equally protect the life of the mother and
them. the life of the unborn from conception.
The natural and primary right and duty of
SECTION 2. The Philippines renounces war parents in the rearing of the youth for
as an instrument of national policy, adopts civic efficiency and the development of
the generally accepted principles of moral character shall receive the support
international law as part of the law of the of the Government.
land and adheres to the policy of peace,
equality, justice, freedom, cooperation, SECTION 13. The State recognizes the
and amity with all nations. vital role of the youth in nation-building
and shall promote and protect their
SECTION 3. Civilian authority is, at all physical, moral, spiritual, intellectual, and
times, supreme over the military. The social well-being. It shall inculcate in the
Armed Forces of the Philippines is the youth patriotism and nationalism, and
protector of the people and the State. Its encourage their involvement in public and
goal is to secure the sovereignty of the civic affairs.
State and the integrity of the national
territory. SECTION 14. The State recognizes the
role of women in nation-building, and shall
SECTION 4. The prime duty of the ensure the fundamental equality before
Government is to serve and protect the the law of women and men.
people. The Government may call upon
the people to defend the State and, in the SECTION 15. The State shall protect and
fulfillment thereof, all citizens may be promote the right to health of the people
required, under conditions provided by and instill health consciousness among
law, to render personal military or civil them.
service.
SECTION 16. The State shall protect and
SECTION 5. The maintenance of peace advance the right of the people to a
and order, the protection of life, liberty, balanced and healthful ecology in accord
and property, and the promotion of the with the rhythm and harmony of nature.
general welfare are essential for the
enjoyment by all the people of the SECTION 17. The State shall give priority
blessings of democracy. to education, science and technology,
arts, culture, and sports to foster
SECTION 6. The separation of Church and patriotism and nationalism, accelerate
State shall be inviolable. social progress, and promote total human
liberation and development.
State Policies
SECTION 18. The State affirms labor as a
SECTION 7. The State shall pursue an primary social economic force. It shall
independent foreign policy. In its relations protect the rights of workers and promote
with other states the paramount their welfare.
consideration shall be national
sovereignty, territorial integrity, national SECTION 19. The State shall develop a
interest, and the right to self-reliant and independent national
self-determination. economy effectively controlled by
Filipinos.
SECTION 8. The Philippines, consistent
with the national interest, adopts and SECTION 20. The State recognizes the
pursues a policy of freedom from nuclear indispensable role of the private sector,
weapons in its territory. encourages private enterprise, and
provides incentives to needed
SECTION 9. The State shall promote a just investments.
and dynamic social order that will ensure
the prosperity and independence of the SECTION 21. The State shall promote
nation and free the people from poverty comprehensive rural development and
through policies that provide adequate agrarian reform.
social services, promote full employment,
a rising standard of living, and an SECTION 22. The State recognizes and
improved quality of life for all. promotes the rights of indigenous cultural
communities within the framework of
SECTION 10. The State shall promote national unity and development.
social justice in all phases of national
development. SECTION 23. The State shall encourage
non-governmental, community-based, or
sectoral organizations that promote the required for the exercise of civil or political
welfare of the nation. rights.

SECTION 24. The State recognizes the SECTION 6. The liberty of abode and of
vital role of communication and changing the same within the limits
information in nation-building. prescribed by law shall not be impaired
except upon lawful order of the court.
SECTION 25. The State shall ensure the Neither shall the right to travel be
autonomy of local governments. impaired except in the interest of national
security, public safety, or public health, as
SECTION 26. The State shall guarantee may be provided by law.
equal access to opportunities for public
service, and prohibit political dynasties as SECTION 7. The right of the people to
may be defined by law. information on matters of public concern
shall be recognized. Access to official
SECTION 27. The State shall maintain records, and to documents, and papers
honesty and integrity in the public service pertaining to official acts, transactions, or
and take positive and effective measures decisions, as well as to government
against graft and corruption. research data used as basis for policy
development, shall be afforded the citizen,
SECTION 28. Subject to reasonable
subject to such limitations as may be
conditions prescribed by law, the State
provided by law.
adopts and implements a policy of full
public disclosure of all its transactions SECTION 8. The right of the people,
involving public interest. including those employed in the public and
private sectors, to form unions,
ARTICLE III - Bill of Rights
associations, or societies for purposes not
SECTION 1. No person shall be deprived contrary to law shall not be abridged.
of life, liberty, or property without due
SECTION 9. Private property shall not be
process of law, nor shall any person be
taken for public use without just
denied the equal protection of the laws.
compensation.
SECTION 2. The right of the people to be
SECTION 10. No law impairing the
secure in their persons, houses, papers,
obligation of contracts shall be passed.
and effects against unreasonable searches
and seizures of whatever nature and for SECTION 11. Free access to the courts
any purpose shall be inviolable, and no and quasi-judicial bodies and adequate
search warrant or warrant of arrest shall legal assistance shall not be denied to any
issue except upon probable cause to be person by reason of poverty.
determined personally by the judge after
examination under oath or affirmation of SECTION 12. (1) Any person under
the complainant and the witnesses he investigation for the commission of an
may produce, and particularly describing offense shall have the right to be informed
the place to be searched and the persons of his right to remain silent and to have
or things to be seized. competent and independent counsel
preferably of his own choice. If the person
SECTION 3. (1) The privacy of cannot afford the services of counsel, he
communication and correspondence shall must be provided with one. These rights
be inviolable except upon lawful order of cannot be waived except in writing and in
the court, or when public safety or order the presence of counsel.
requires otherwise as prescribed by law.
(2) No torture, force, violence, threat,
(2) Any evidence obtained in violation of intimidation, or any other means which
this or the preceding SECTION shall be vitiate the free will shall be used against
inadmissible for any purpose in any him. Secret detention places, solitary,
proceeding. incommunicado, or other similar forms of
detention are prohibited.
SECTION 4. No law shall be passed
abridging the freedom of speech, of (3) Any confession or admission obtained
expression, or of the press, or the right of in violation of this or SECTION 17 hereof
the people peaceably to assemble and shall be inadmissible in evidence against
petition the government for redress of him.
grievances.
(4) The law shall provide for penal and
SECTION 5. No law shall be made civil sanctions for violations of this
respecting an establishment of religion, or SECTION as well as compensation to and
prohibiting the free exercise thereof. The rehabilitation of victims of torture or
free exercise and enjoyment of religious similar practices, and their families.
profession and worship, without
discrimination or preference, shall forever SECTION 13. All persons, except those
be allowed. No religious test shall be charged with offenses punishable by
reclusion perpetua when evidence of guilt
is strong, shall, before conviction, be
bailable by sufficient sureties, or be either shall constitute a bar to another
released on recognizance as may be prosecution for the same act.
provided by law. The right to bail shall not
be impaired even when the privilege of SECTION 22. No ex post facto law or bill
the writ of habeas corpus is suspended. of attainder shall be enacted.
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
ARTICLE VII - Executive Department majority of all the Members of both
Houses of the Congress, voting
SECTION 1. The executive power shall be separately.
vested in the President of the Philippines.
The Congress shall promulgate its rules
SECTION 2. No person may be elected for the canvassing of the certificates.
President unless he is a natural-born
citizen of the Philippines, a registered The Supreme Court, sitting en banc, shall
voter, able to read and write, at least be the sole judge of all contests relating to
forty years of age on the day of the the election, returns, and qualifications of
election, and a resident of the Philippines the President or Vice- President, and may
for at least ten years immediately promulgate its rules for the purpose.
preceding such election.
SECTION 5. Before they enter on the
SECTION 3. There shall be a execution of their office, the President, the
Vice-President who shall have the same Vice-President, or the Acting President
qualifications and term of office and be shall take the following oath or
elected with and in the same manner as affirmation:
the President. He may be removed from
office in the same manner as the “I do solemnly swear (or affirm) that I will
President. faithfully and conscientiously fulfill my
duties as President (or Vice-President or
The Vice-President may be appointed as a Acting President) of the Philippines,
Member of the Cabinet. Such appointment preserve and defend its Constitution,
requires no confirmation. execute its laws, do justice to every man,
and consecrate myself to the service of
SECTION 4. The President and the the Nation. So help me God.” (In case of
Vice-President shall be elected by direct affirmation, last sentence will be omitted.)
vote of the people for a term of six years
which shall begin at noon on the thirtieth SECTION 6. The President shall have an
day of June next following the day of the official residence. The salaries of the
election and shall end at noon of the same President and Vice-President shall be
date six years thereafter. The President determined by law and shall not be
shall not be eligible for any reelection. No decreased during their tenure. No increase
person who has succeeded as President in said compensation shall take effect until
and has served as such for more than four after the expiration of the term of the
years shall be qualified for election to the incumbent during which such increase was
same office at any time. approved. They shall not receive during
their tenure any other emolument from
No Vice-President shall serve for more the Government or any other source.
than two consecutive terms. Voluntary
renunciation of the office for any length of SECTION 7. The President-elect and the
time shall not be considered as an Vice-President-elect shall assume office at
interruption in the continuity of the the beginning of their terms.
service for the full term for which he was
elected. If the President-elect fails to qualify, the
Vice-President-elect shall act as President
Unless otherwise provided by law, the until the President-elect shall have
regular election for President and qualified.
Vice-President shall be held on the second
Monday of May. If a President shall not have been chosen,
the Vice-President-elect shall act as
The returns of every election for President President until a President shall have been
and Vice-President, duly certified by the chosen and qualified.
board of canvassers of each province or
city, shall be transmitted to the Congress, If at the beginning of the term of the
directed to the President of the Senate. President, the President-elect shall have
Upon receipt of the certificates of canvass, died or shall have become permanently
the President of the Senate shall, not later disabled, the Vice-President-elect shall
than thirty days after the day of the become President.
election, open all certificates in the
presence of the Senate and the House of Where no President and Vice-President
Representatives in joint public session, shall have been chosen or shall have
and the Congress, upon determination of qualified, or where both shall have died or
the authenticity and due execution thereof become permanently disabled, the
in the manner provided by law, canvass President of the Senate or, in case of his
the votes. inability, the Speaker of the House of
Representatives shall act as President
The person having the highest number of until a President or a Vice-President shall
votes shall be proclaimed elected, but in have been chosen and qualified.
case two or more shall have an equal and
highest number of votes, one of them The Congress shall, by law, provide for
shall forthwith be chosen by the vote of a the manner in which one who is to act as
President shall be selected until a
President or a Vice-President shall have and duties of his office, and until he
qualified, in case of death, permanent transmits to them a written declaration to
disability, or inability of the officials the contrary, such powers and duties shall
mentioned in the next preceding be discharged by the Vice-President as
paragraph. Acting President.

SECTION 8. In case of death, permanent Whenever a majority of all the Members of

disability, removal from office, or the Cabinet transmit to the President of
resignation of the President, the the Senate and to the Speaker of the
Vice-President shall become the President House of Representatives their written
to serve the unexpired term. In case of declaration that the President is unable to
death, permanent disability, removal from discharge the powers and duties of his
office, or resignation of both the President office, the Vice-President shall
and Vice-President, the President of the immediately assume the powers and
Senate or, in case of his inability, the duties of the office as Acting President.
Speaker of the House of Representatives,
shall then act as President until the Thereafter, when the President transmits
President or Vice-President shall have to the President of the Senate and to the
been elected and qualified. Speaker of the House of Representatives
his written declaration that no inability
The Congress shall, by law, provide who exists, he shall reassume the powers and
shall serve as President in case of death, duties of his office. Meanwhile, should a
permanent disability, or resignation of the majority of all the Members of the Cabinet
Acting President. He shall serve until the transmit within five days to the President
President or the Vice-President shall have of the Senate and to the Speaker of the
been elected and qualified, and be subject House of Representatives their written
to the same restrictions of powers and declaration that the President is unable to
disqualifications as the Acting President. discharge the powers and duties of his
office, the Congress shall decide the issue.
SECTION 9. Whenever there is a vacancy For that purpose, the Congress shall
in the Office of the Vice-President during convene, if it is not in session, within
the term for which he was elected, the forty-eight hours, in accordance with its
President shall nominate a Vice-President rules and without need of call.
from among the Members of the Senate
and the House of Representatives who If the Congress, within ten days after
shall assume office upon confirmation by a receipt of the last written declaration, or,
majority vote of all the Members of both if not in session, within twelve days after
Houses of the Congress, voting it is required to assemble, determines by
separately. a two-thirds vote of both Houses, voting
separately, that the President is unable to
SECTION 10. The Congress shall, at ten discharge the powers and duties of his
o’clock in the morning of the third day office, the Vice-President shall act as the
after the vacancy in the offices of the President; otherwise, the President shall
President and Vice-President occurs, continue exercising the powers and duties
convene in accordance with its rules of his office.
without need of a call and within seven
days enact a law calling for a special SECTION 12. In case of serious illness of
election to elect a President and a the President, the public shall be informed
Vice-President to be held not earlier than of the state of his health. The Members of
forty-five days nor later than sixty days the Cabinet in charge of national security
from the time of such call. The bill calling and foreign relations and the Chief of Staff
such special election shall be deemed of the Armed Forces of the Philippines,
certified under paragraph 2, Section 26, shall not be denied access to the President
Article VI of this Constitution and shall during such illness.
become law upon its approval on third
reading by the Congress. Appropriations SECTION 13. The President,
for the special election shall be charged Vice-President, the Members of the
against any current appropriations and Cabinet, and their deputies or assistants
shall be exempt from the requirements of shall not, unless otherwise provided in this
paragraph 4, Section 25, Article VI of this Constitution, hold any other office or
Constitution. The convening of the employment during their tenure. They
Congress cannot be suspended nor the shall not, during said tenure, directly or
special election postponed. No special indirectly, practice any other profession,
election shall be called if the vacancy participate in any business, or be
occurs within eighteen months before the financially interested in any contract with,
date of the next presidential election. or in any franchise, or special privilege
granted by the Government or any
SECTION 11. Whenever the President subdivision, agency, or instrumentality
transmits to the President of the Senate thereof, including government-owned or
and the Speaker of the House of controlled corporations or their
Representatives his written declaration subsidiaries. They shall strictly avoid
that he is unable to discharge the powers
conflict of interest in the conduct of their hours from the proclamation of martial
office. law or the suspension of the privilege of
the writ of habeas corpus, the President
The spouse and relatives by consanguinity shall submit a report in person or in
or affinity within the fourth civil degree of writing to the Congress. The Congress,
the President shall not during his tenure voting jointly, by a vote of at least a
be appointed as members of the majority of all its Members in regular or
Constitutional Commissions, or the Office special session, may revoke such
of the Ombudsman, or as Secretaries, proclamation or suspension, which
Undersecretaries, chairmen or heads of revocation shall not be set aside by the
bureaus or offices, including President. Upon the initiative of the
government-owned or controlled President, the Congress may, in the same
corporations and their subsidiaries. manner, extend such proclamation or
suspension for a period to be determined
SECTION 14. Appointments extended by by the Congress, if the invasion or
an Acting President shall remain effective, rebellion shall persist and public safety
unless revoked by the elected President requires it.
within ninety days from his assumption or
reassumption of office. The Congress, if not in session, shall,
within twenty-four hours following such
SECTION 15. Two months immediately proclamation or suspension, convene in
before the next presidential elections and accordance with its rules without any need
up to the end of his term, a President or of a call.
Acting President shall not make
appointments, except temporary The Supreme Court may review, in an
appointments to executive positions when appropriate proceeding filed by any
continued vacancies therein will prejudice citizen, the sufficiency of the factual basis
public service or endanger public safety. of the proclamation of martial law or the
suspension of the privilege of the writ or
SECTION 16. The President shall nominate the extension thereof, and must
and, with the consent of the Commission promulgate its decision thereon within
on Appointments, appoint the heads of the thirty days from its filing.
executive departments, ambassadors,
other public ministers and consuls, or A state of martial law does not suspend
officers of the armed forces from the rank the operation of the Constitution, nor
of colonel or naval captain, and other supplant the functioning of the civil courts
officers whose appointments are vested in or legislative assemblies, nor authorize
him in this Constitution. He shall also the conferment of jurisdiction on military
appoint all other officers of the courts and agencies over civilians where
Government whose appointments are not civil courts are able to function, nor
otherwise provided for by law, and those automatically suspend the privilege of the
whom he may be authorized by law to writ.
appoint. The Congress may, by law, vest
the appointment of other officers lower in The suspension of the privilege of the writ
rank in the President alone, in the courts, shall apply only to persons judicially
or in the heads of departments, agencies, charged for rebellion or offenses inherent
commissions, or boards. in or directly connected with the invasion.

The President shall have the power to During the suspension of the privilege of
make appointments during the recess of the writ, any person thus arrested or
the Congress, whether voluntary or detained shall be judicially charged within
compulsory, but such appointments shall three days, otherwise he shall be
be effective only until after disapproval by released.
the Commission on Appointments or until
the next adjournment of the Congress. SECTION 19. Except in cases of
impeachment, or as otherwise provided in
SECTION 17. The President shall have this Constitution, the President may grant
control of all the executive departments, reprieves, commutations and pardons,
bureaus, and offices. He shall ensure that and remit fines and forfeitures, after
the laws be faithfully executed. conviction by final judgment.

SECTION 18. The President shall be the He shall also have the power to grant
Commander-in-Chief of all armed forces of amnesty with the concurrence of a
the Philippines and whenever it becomes majority of all the Members of the
necessary, he may call out such armed Congress.
forces to prevent or suppress lawless
violence, invasion or rebellion. In case of SECTION 20. The President may contract
invasion or rebellion, when the public or guarantee foreign loans on behalf of
safety requires it, he may, for a period not the Republic of the Philippines with the
exceeding sixty days, suspend the prior concurrence of the Monetary Board,
privilege of the writ of habeas corpus or and subject to such limitations as may be
place the Philippines or any part thereof provided by law. The Monetary Board
under martial law. Within forty-eight shall, within thirty days from the end of
every quarter of the calendar year, submit by the Supreme Court en banc, and all
to the Congress a complete report of its other cases which under the Rules of
decisions on applications for loans to be Court are required to be heard en banc,
contracted or guaranteed by the including those involving the
Government or government-owned and constitutionality, application, or operation
controlled corporations which would have of presidential decrees, proclamations,
the effect of increasing the foreign debt, orders, instructions, ordinances, and other
and containing other matters as may be regulations, shall be decided with the
provided by law. concurrence of a majority of the Members
who actually took part in the deliberations
SECTION 21. No treaty or international on the issues in the case and voted
agreement shall be valid and effective thereon.
unless concurred in by at least two-thirds
of all the Members of the Senate. (3) Cases or matters heard by a division
shall be decided or resolved with the
SECTION 22. The President shall submit to concurrence of a majority of the Members
the Congress within thirty days from the who actually took part in the deliberations
opening of every regular session, as the on the issues in the case and voted
basis of the general appropriations bill, a thereon, and in no case, without the
budget of expenditures and sources of concurrence of at least three of such
financing, including receipts from existing Members. When the required number is
and proposed revenue measures. not obtained, the case shall be decided en
banc: Provided, that no doctrine or
SECTION 23. The President shall address principle of law laid down by the court in a
the Congress at the opening of its regular decision rendered en banc or in division
session. He may also appear before it at may be modified or reversed except by
any other time. the court sitting en banc.
ARTICLE VIII - Judicial Department SECTION 5. The Supreme Court shall have
the following powers:
SECTION 1. The judicial power shall be
vested in one Supreme Court and in such (1) Exercise original jurisdiction over
lower courts as may be established by cases affecting ambassadors, other public
law. ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo
Judicial power includes the duty of the
warranto, and habeas corpus.
courts of justice to settle actual
controversies involving rights which are (2) Review, revise, reverse, modify, or
legally demandable and enforceable, and affirm on appeal or certiorari, as the law
to determine whether or not there has or the Rules of Court may provide, final
been a grave abuse of discretion judgments and orders of lower courts in:
amounting to lack or excess of jurisdiction
on the part of any branch or (a) All cases in which the constitutionality
instrumentality of the Government. or validity of any treaty, international or
executive agreement, law, presidential
SECTION 2. The Congress shall have the decree, proclamation, order, instruction,
power to define, prescribe, and apportion ordinance, or regulation is in question.
the jurisdiction of various courts but may
not deprive the Supreme Court of its (b) All cases involving the legality of any
jurisdiction over cases enumerated in tax, impost, assessment, or toll, or any
Section 5 hereof. penalty imposed in relation thereto.
No law shall be passed reorganizing the (c) All cases in which the jurisdiction of
Judiciary when it undermines the security any lower court is in issue.
of tenure of its Members.
(d) All criminal cases in which the penalty
SECTION 3. The Judiciary shall enjoy fiscal imposed is reclusion perpetua or higher.
autonomy. Appropriations for the Judiciary
may not be reduced by the legislature (e) All cases in which only an error or
below the amount appropriated for the question of law is involved.
previous year and, after approval, shall be
automatically and regularly released. (3) Assign temporarily judges of lower
courts to other stations as public interest
SECTION 4. (1) The Supreme Court shall may require. Such temporary assignment
be composed of a Chief Justice and shall not exceed six months without the
fourteen Associate Justices. It may sit en consent of the judge concerned.
banc or in its discretion, in divisions of
three, five, or seven Members. Any (4) Order a change of venue or place of
vacancy shall be filled within ninety days trial to avoid a miscarriage of justice.
from the occurrence thereof.
(5) Promulgate rules concerning the
(2) All cases involving the constitutionality protection and enforcement of
of a treaty, international or executive constitutional rights, pleading, practice,
agreement, or law, which shall be heard and procedure in all courts, the admission
to the practice of law, the Integrated Bar, (5) The Council shall have the principal
and legal assistance to the function of recommending appointees to
underprivileged. Such rules shall provide a the Judiciary. It may exercise such other
simplified and inexpensive procedure for functions and duties as the Supreme Court
the speedy disposition of cases, shall be may assign to it.
uniform for all courts of the same grade,
and shall not diminish, increase, or modify SECTION 9. The Members of the Supreme
substantive rights. Rules of procedure of Court and judges of lower courts shall be
special courts and quasi-judicial bodies appointed by the President from a list of
shall remain effective unless disapproved at least three nominees prepared by the
by the Supreme Court. Judicial and Bar Council for every vacancy.
Such appointments need no confirmation.
(6) Appoint all officials and employees of
the Judiciary in accordance with the Civil For the lower courts, the President shall
Service Law. issue the appointments within ninety days
from the submission of the list.
SECTION 6. The Supreme Court shall have
administrative supervision over all courts SECTION 10. The salary of the Chief
and the personnel thereof. Justice and of the Associate Justices of the
Supreme Court, and of judges of lower
SECTION 7. (1) No person shall be courts shall be fixed by law. During their
appointed Member of the Supreme Court continuance in office, their salary shall not
or any lower collegiate court unless he is a be decreased.
natural-born citizen of the Philippines. A
Member of the Supreme Court must be at SECTION 11. The Members of the
least forty years of age, and must have Supreme Court and judges of lower courts
been for fifteen years or more a judge of a shall hold office during good behavior until
lower court or engaged in the practice of they reached the age of seventy years or
law in the Philippines. become incapacitated to discharge the
duties of their office. The Supreme Court
(2) The Congress shall prescribe the en banc shall have the power to discipline
qualifications of judges of lower courts, judges of lower courts, or order their
but no person may be appointed judge dismissal by a vote of a majority of the
thereof unless he is a citizen of the Members who actually took part in the
Philippines and a member of the Philippine deliberations on the issues in the case and
Bar. voted thereon.

(3) A Member of the Judiciary must be a SECTION 12. The Members of the
person of proven competence, integrity, Supreme Court and of other courts
probity, and independence. established by law shall not be designated
to any agency performing quasi-judicial or
SECTION 8. (1) A Judicial and Bar Council administrative functions.
is hereby created under the supervision of
the Supreme Court composed of the Chief SECTION 13. The conclusions of the
Justice as ex officio Chairman, the Supreme Court in any case submitted to it
Secretary of Justice, and a representative for decision en banc or in division shall be
of the Congress as ex officio Members, a reached in consultation before the case is
representative of the Integrated Bar, a assigned to a Member for the writing of
professor of law, a retired Member of the the opinion of the Court. A certification to
Supreme Court, and a representative of this effect signed by the Chief Justice shall
the private sector. be issued and a copy thereof attached to
the record of the case and served upon
(2) The regular Members of the Council the parties. Any Member who took no
shall be appointed by the President for a part, or dissented, or abstained from a
term of four years with the consent of the decision or resolution must state the
Commission on Appointments. Of the reason therefor. The same requirements
Members first appointed, the shall be observed by all lower collegiate
representative of the Integrated Bar shall courts.
serve for four years, the professor of law
for three years, the retired Justice for two SECTION 14. No decision shall be
years, and the representative of the rendered by any court without expressing
private sector for one year. therein clearly and distinctly the facts and
the law on which it is based.
(3) The Clerk of the Supreme Court shall
be the Secretary ex officio of the Council No petition for review or motion for
and shall keep a record of its proceedings. reconsideration of a decision of the court
shall be refused due course or denied
(4) The regular Members of the Council without stating the legal basis therefor.
shall receive such emoluments as may be
determined by the Supreme Court. The SECTION 15. (1) All cases or matters filed
Supreme Court shall provide in its annual after the effectivity of this Constitution
budget the appropriations for the Council. must be decided or resolved within
twenty-four months from date of
submission for the Supreme Court, and, SECTION 4. The Constitutional
unless reduced by the Supreme Court, Commissions shall appoint their officials
twelve months for all lower collegiate and employees in accordance with law.
courts, and three months for all other
lower courts. SECTION 5. The Commission shall enjoy
fiscal autonomy. Their approved annual
(2) A case or matter shall be deemed appropriations shall be automatically and
submitted for decision or resolution upon regularly released.
the filing of the last pending, brief, or
memorandum required by the Rules of SECTION 6. Each Commission en banc
Court or by the court itself. may promulgate its own rules concerning
pleadings and practice before it or before
(3) Upon the expiration of the any of its offices. Such rules however shall
corresponding period, a certification to not diminish, increase, or modify
this effect signed by the Chief Justice or substantive rights.
the presiding judge shall forthwith be
issued and a copy thereof attached to the SECTION 7. Each Commission shall decide
record of the case or matter, and served by a majority vote of all its Members any
upon the parties. The certification shall case or matter brought before it within
state why a decision or resolution has not sixty days from the date of its submission
been rendered or issued within said for decision or resolution. A case or matter
period. is deemed submitted for decision or
resolution upon the filing of the last
(4) Despite the expiration of the pleading, brief, or memorandum required
applicable mandatory period, the court, by the rules of the Commission or by the
without prejudice to such responsibility as Commission itself. Unless otherwise
may have been incurred in consequence provided by this Constitution or by law,
thereof, shall decide or resolve the case or any decision, order, or ruling of each
matter submitted thereto for Commission may be brought to the
determination, without further delay. Supreme Court on certiorari by the
aggrieved party within thirty days from
SECTION 16. The Supreme Court shall, receipt of a copy thereof.
within thirty days from the opening of
each regular session of the Congress, SECTION 8. Each Commission shall
submit to the President and the Congress perform such other functions as may be
an annual report on the operations and provided by law.
activities of the Judiciary.
B. The Civil Service Commission

SECTION 1. (1) The Civil Service shall be

ARTICLE IX - Constitutional administered by the Civil Service
Commissions Commission composed of a Chairman and
two Commissioners who shall be
A. Common Provisions natural-born citizens of the Philippines
and, at the time of their appointment, at
SECTION 1. The Constitutional least thirty-five years of age, with proven
Commissions, which shall be independent, capacity for public administration, and
are the Civil Service Commission, the must not have been candidates for any
Commission on Elections, and the elective position in the elections
Commission on Audit. immediately preceding their appointment.
SECTION 2. No Member of a Constitutional (2) The Chairman and the Commissioners
Commission shall, during his tenure, hold shall be appointed by the President with
any other office or employment. Neither the consent of the Commission on
shall he engage in the practice of any Appointments for a term of seven years
profession or in the active management or without reappointment. Of those first
control of any business which in any way appointed, the Chairman shall hold office
be affected by the functions of his office, for seven years, a Commissioner for five
nor shall he be financially interested, years, and another Commissioner for
directly or indirectly, in any contract with, three years, without reappointment.
or in any franchise or privilege granted by Appointment to any vacancy shall be only
the Government, any of its subdivisions, for the unexpired term of the predecessor.
agencies, or instrumentalities, including In no case shall any Member be appointed
government-owned or controlled or designated in a temporary or acting
corporations or their subsidiaries. capacity.
SECTION 3. The salary of the Chairman SECTION 2. (1) The civil service embraces
and the Commissioners shall be fixed by all branches, subdivisions,
law and shall not be decreased during instrumentalities, and agencies of the
their tenure. Government, including government-owned
or controlled corporations with original
charters.
(2) Appointments in the civil service shall government-owned or controlled
be made only according to merit and corporations or their subsidiaries.
fitness to be determined, as far as
practicable, and, except to positions which SECTION 8. No elective or appointive
are policy-determining, primarily public officer or employee shall receive
confidential, or highly technical, by additional, double, or indirect
competitive examination. compensation, unless specifically
authorized by law, nor accept without the
(3) No officer or employee of the civil consent of the Congress, any present,
service shall be removed or suspended emolument, office, or title of any kind
except for cause provided by law. from any foreign government.

(4) No officer or employee in the civil Pensions or gratuities shall not be

service shall engage, directly or indirectly, considered as additional, double, or
in any electioneering or partisan political indirect compensation.
campaign.
C. The Commission on Elections
(5) The right to self-organization shall not
be denied to government employees. SECTION 1. (1) There shall be a
Commission on Elections composed of a
(6) Temporary employees of the Chairman and six Commissioners who
Government shall be given such protection shall be natural-born citizens of the
as may be provided by law. Philippines and, at the time of their
appointment, at least thirty-five years of
SECTION 3. The Civil Service Commission, age, holders of a college degree, and must
as the central personnel agency of the not have been candidates for any elective
Government, shall establish a career position in the immediately preceding
service and adopt measures to promote elections. However, a majority thereof,
morale, efficiency, integrity, including the Chairman, shall be Members
responsiveness, progressiveness, and of the Philippine Bar who have been
courtesy in the civil service. It shall engaged in the practice of law for at least
strengthen the merit and rewards system, ten years.
integrate all human resources
development programs for all levels and (2) The Chairman and the Commissioners
ranks, and institutionalize a management shall be appointed by the President with
climate conducive to public accountability. the consent of the Commission on
It shall submit to the President and the Appointments for a term of seven years
Congress an annual report on its without reappointment. Of those first
personnel programs. appointed, three Members shall hold office
for seven years, two Members for five
SECTION 4. All public officers and years, and the last Members for three
employees shall take an oath or years, without reappointment.
affirmation to uphold and defend this Appointment to any vacancy shall be only
Constitution. for the unexpired term of the predecessor.
In no case shall any Member be appointed
SECTION 5. The Congress shall provide for or designated in a temporary or acting
the standardization of compensation of capacity.
government officials and employees,
including those in government-owned or SECTION 2. The Commission on Elections
controlled corporations with original shall exercise the following powers and
charters, taking into account the nature of functions:
the responsibilities pertaining to, and the
qualifications required for their positions. (1) Enforce and administer all laws and
regulations relative to the conduct of an
SECTION 6. No candidate who has lost in election, plebiscite, initiative, referendum,
any election shall, within one year after and recall.
such election, be appointed to any office
in the Government or any (2) Exercise exclusive original jurisdiction
government-owned or controlled over all contests relating to the elections,
corporations or in any of their returns, and qualifications of all elective
subsidiaries. regional, provincial, and city officials, and
appellate jurisdiction over all contests
SECTION 7. No elective official shall be involving elective municipal officials
eligible for appointment or designation in decided by trial courts of general
any capacity to any public office or jurisdiction, or involving elective barangay
position during his tenure. officials decided by trial courts of limited
jurisdiction.
Unless otherwise allowed by law or by the
primary functions of his position, no Decisions, final orders, or rulings of the
appointive official shall hold any other Commission on election contests involving
office or employment in the Government elective municipal and barangay offices
or any subdivision, agency or
instrumentality thereof, including
shall be final, executory, and not SECTION 3. The Commission on Elections
appealable. may sit en banc or in two divisions, and
shall promulgate its rules of procedure in
(3) Decide, except those involving the order to expedite disposition of election
right to vote, all questions affecting cases, including pre-proclamation
elections, including determination of the controversies. All such election cases shall
number and location of polling places, be heard and decided in division, provided
appointment of election officials and that motions for reconsideration of
inspectors, and registration of voters. decisions shall be decided by the
Commission en banc.
(4) Deputize, with the concurrence of the
President, law enforcement agencies and SECTION 4. The Commission may, during
instrumentalities of the Government, the election period, supervise or regulate
including the Armed Forces of the the enjoyment or utilization of all
Philippines, for the exclusive purpose of franchises or permits for the operation of
ensuring free, orderly, honest, peaceful, transportation and other public utilities,
and credible elections. media of communication or information,
all grants, special privileges, or
(5) Register, after sufficient publication, concessions granted by the Government
political parties, organizations, or or any subdivision, agency, or
coalitions which, in addition to other instrumentality thereof, including any
requirements, must present their platform government-owned or controlled
or program of government; and accredit corporation or its subsidiary. Such
citizens’ arms of the Commission on supervision or regulation shall aim to
Elections. Religious denominations and ensure equal opportunity, time, and
sects shall not be registered. Those which space, and the right to reply, including
seek to achieve their goals through reasonable, equal rates therefor, for public
violence or unlawful means, or refuse to information campaigns and forums among
uphold and adhere to this Constitution, or candidates in connection with the
which are supported by any foreign objective of holding free, orderly, honest,
government shall likewise be refused peaceful, and credible elections.
registration.
SECTION 5. No pardon, amnesty, parole,
Financial contributions from foreign or suspension of sentence for violation of
governments and their agencies to election laws, rules, and regulations shall
political parties, organizations, coalitions, be granted by the President without the
or candidates related to elections favorable recommendation of the
constitute interference in national affairs, Commission.
and, when accepted, shall be an additional
ground for the cancellation of their SECTION 6. A free and open party system
registration with the Commission, in shall be allowed to evolve according to the
addition to other penalties that may be free choice of the people, subject to the
prescribed by law. provisions of this Article.
(6) File, upon a verified complaint, or on SECTION 7. No votes cast in favor of a
its own initiative, petitions in court for political party, organization, or coalition
inclusion or exclusion of voters; shall be valid, except for those registered
investigate and, where appropriate, under the party-list system as provided in
prosecute cases of violations of election this Constitution.
laws, including acts or omissions
constituting election frauds, offenses, and SECTION 8. Political parties, or
malpractices. organizations or coalitions registered
under the party-list system, shall not be
(7) Recommend to the Congress effective represented in the voters’ registration
measures to minimize election spending, boards, boards of election inspectors,
including limitation of places where boards of canvassers, or other similar
propaganda materials shall be posted, and bodies. However, they shall be entitled to
to prevent and penalize all forms of appoint poll watchers in accordance with
election frauds, offenses, malpractices, law.
and nuisance candidacies.
SECTION 9. Unless otherwise fixed by the
(8) Recommend to the President the Commission in special cases, the election
removal of any officer or employee it has period shall commence ninety days before
deputized, or the imposition of any other the day of the election and shall end thirty
disciplinary action, for violation or days after.
disregard of, or disobedience to its
directive, order, or decision. SECTION 10. Bona fide candidates for any
public office shall be free from any form of
(9) Submit to the President and the harassment and discrimination.
Congress a comprehensive report on the
conduct of each election, plebiscite, SECTION 11. Funds certified by the
initiative, referendum, or recall. Commission as necessary to defray the
expenses for holding regular and special
elections, plebiscites, initiatives, Government and, for such period as may
referenda, and recalls, shall be provided in be provided by law, preserve the vouchers
the regular or special appropriations and, and other supporting papers pertaining
once approved, shall be released thereto.
automatically upon certification by the
Chairman of the Commission. (2) The Commission shall have exclusive
authority, subject to the limitations in this
D. Commission on Audit Article, to define the scope of its audit and
examination, establish the techniques and
SECTION 1. (1) There shall be a methods required therefor, and
Commission on Audit composed of a promulgate accounting and auditing rules
Chairman and two Commissioners, who and regulations, including those for the
shall be natural-born citizens of the prevention and disallowance of irregular,
Philippines and, at the time of their unnecessary, excessive, extravagant, or
appointment, at least thirty-five years of unconscionable expenditures, or uses of
age, certified public accountants with not government funds and properties.
less than ten years of auditing experience,
or members of the Philippine Bar who SECTION 3. No law shall be passed
have been engaged in the practice of law exempting any entity of the Government
for at least ten years, and must not have or its subsidiary in any guise whatever, or
been candidates for any elective position any investment of public funds, from the
in the elections immediately preceding jurisdiction of the Commission on Audit.
their appointment. At no time shall all
Members of the Commission belong to the SECTION 4. The Commission shall submit
same profession. to the President and the Congress, within
the time fixed by law, an annual report
(2) The Chairman and the Commissioners covering the financial condition and
shall be appointed by the President with operation of the Government, its
the consent of the Commission on subdivisions, agencies, and
Appointments for a term of seven years instrumentalities, including
without reappointment. Of those first government-owned or controlled
appointed, the Chairman shall hold office corporations, and non-governmental
for seven years, one Commissioner for entities subject to its audit, and
five years, and the other Commissioner recommend measures necessary to
for three years, without reappointment. improve their effectiveness and efficiency.
Appointment to any vacancy shall be only It shall submit such other reports as may
for the unexpired portion of the term of be required by law.
the predecessor. In no case shall any
Member be appointed or designated in a ARTICLE X - Local Government
temporary or acting capacity.
General Provisions
SECTION 2. (1) The Commission on Audit
shall have the power, authority, and duty SECTION 1. The territorial and political
to examine, audit, and settle all accounts subdivisions of the Republic of the
pertaining to the revenue and receipts of, Philippines are the provinces, cities,
and expenditures or uses of funds and municipalities, and barangays. There shall
property, owned or held in trust by, or be autonomous regions in Muslim
pertaining to, the Government, or any of Mindanao and the Cordilleras as
its subdivisions, agencies, or hereinafter provided.
instrumentalities, including
SECTION 2. The territorial and political
government-owned or controlled
subdivisions shall enjoy local autonomy.
corporations with original charters, and on
a post-audit basis: (a) constitutional SECTION 3. The Congress shall enact a
bodies, commissions and offices that have local government code which shall provide
been granted fiscal autonomy under this for a more responsive and accountable
Constitution; (b) autonomous state local government structure instituted
colleges and universities; (c) other through a system of decentralization with
government-owned or controlled effective mechanisms of recall, initiative,
corporations and their subsidiaries; and and referendum, allocate among the
(d) such non-governmental entities different local government units their
receiving subsidy or equity, directly or powers, responsibilities, and resources,
indirectly, from or through the and provide for the qualifications, election,
Government, which are required by law or appointment and removal, term, salaries,
the granting institution to submit to such powers and functions and duties of local
audit as a condition of subsidy or equity. officials, and all other matters relating to
However, where the internal control the organization and operation of the local
system of the audited agencies is units.
inadequate, the Commission may adopt
such measures, including temporary or SECTION 4. The President of the
special pre-audit, as are necessary and Philippines shall exercise general
appropriate to correct the deficiencies. It supervision over local governments.
shall keep the general accounts of the Provinces with respect to component cities
and municipalities, and cities and elective officials, shall be independent of
municipalities with respect to component the province. The voters of component
barangays shall ensure that the acts of cities within a province, whose charters
their component units are within the contain no such prohibition, shall not be
scope of their prescribed powers and deprived of their right to vote for elective
functions. provincial officials.

SECTION 5. Each local government unit SECTION 13. Local government units may
shall have the power to create its own group themselves, consolidate or
sources of revenues and to levy taxes, coordinate their efforts, services, and
fees, and charges subject to such resources for purposes commonly
guidelines and limitations as the Congress beneficial to them in accordance with law.
may provide, consistent with the basic
policy of local autonomy. Such taxes, fees, SECTION 14. The President shall provide
and charges shall accrue exclusively to the for regional development councils or other
local governments. similar bodies composed of local
government officials, regional heads of
SECTION 6. Local government units shall departments and other government
have a just share, as determined by law, offices, and representatives from
in the national taxes which shall be non-governmental organizations within
automatically released to them. the regions for purposes of administrative
decentralization to strengthen the
SECTION 7. Local governments shall be autonomy of the units therein and to
entitled to an equitable share in the accelerate the economic and social growth
proceeds of the utilization and and development of the units in the
development of the national wealth within region.
their respective areas, in the manner
provided by law, including sharing the Autonomous Region
same with the inhabitants by way of direct
benefits. SECTION 15. There shall be created
autonomous regions in Muslim Mindanao
SECTION 8. The term of office of elective and in the Cordilleras consisting of
local officials, except barangay officials, provinces, cities, municipalities, and
which shall be determined by law, shall be geographical areas sharing common and
three years and no such official shall serve distinctive historical and cultural heritage,
for more than three consecutive terms. economic and social structures, and other
Voluntary renunciation of the office for relevant characteristics within the
any length of time shall not be considered framework of this Constitution and the
as an interruption in the continuity of his national sovereignty as well as territorial
service for the full term for which he was integrity of the Republic of the Philippines.
elected.
SECTION 16. The President shall exercise
SECTION 9. Legislative bodies of local general supervision over autonomous
governments shall have sectoral regions to ensure that the laws are
representation as may be prescribed by faithfully executed.
law.
SECTION 17. All powers, functions, and
SECTION 10. No province, city, responsibilities not granted by this
municipality, or barangay may be created, Constitution or by law to the autonomous
divided, merged, abolished, or its regions shall be vested in the National
boundary substantially altered, except in Government.
accordance with the criteria established in
the Local Government Code and subject to SECTION 18. The Congress shall enact an
approval by a majority of the votes cast in organic act for each autonomous region
a plebiscite in the political units directly with the assistance and participation of
affected. the regional consultative commission
composed of representatives appointed by
SECTION 11. The Congress may, by law, the President from a list of nominees from
create special metropolitan political multisectoral bodies. The organic act shall
subdivisions, subject to a plebiscite as set define the basic structure of government
forth in Section 10 hereof. The component for the region consisting of the executive
cities and municipalities shall retain their department and legislative assembly, both
basic autonomy and shall be entitled to of which shall be elective and
their own local executives and legislative representative of the constituent political
assemblies. The jurisdiction of the units. The organic acts shall likewise
metropolitan authority that will hereby be provide for special courts with personal,
created shall be limited to basic services family, and property law jurisdiction
requiring coordination. consistent with the provisions of this
Constitution and national laws.
SECTION 12. Cities that are highly
urbanized, as determined by law, and The creation of the autonomous region
component cities whose charters prohibit shall be effective when approved by
their voters from voting for provincial majority of the votes cast by the
constituent units in a plebiscite called for both domestic and foreign markets.
the purpose, provided that only provinces, However, the State shall protect Filipino
cities, and geographic areas voting enterprises against unfair foreign
favorably in such plebiscite shall be competition and trade practices.
included in the autonomous region.
In the pursuit of these goals, all sectors of
SECTION 19. The first Congress elected the economy and all regions of the
under this Constitution shall, within country shall be given optimum
eighteen months from the time of opportunity to develop. Private
organization of both Houses, pass the enterprises, including corporations,
organic acts for the autonomous regions cooperatives, and similar collective
in Muslim Mindanao and the Cordilleras. organizations, shall be encouraged to
broaden the base of their ownership.
SECTION 20. Within its territorial
jurisdiction and subject to the provisions SECTION 2. All lands of the public domain,
of this Constitution and national laws, the waters, minerals, coal, petroleum, and
organic act of autonomous regions shall other mineral oils, all forces of potential
provide for legislative powers over: energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural
(1) Administrative organization; resources are owned by the State. With
the exception of agricultural lands, all
(2) Creation of sources of revenues; other natural resources shall not be
alienated. The exploration, development,
(3) Ancestral domain and natural
and utilization of natural resources shall
resources;
be under the full control and supervision
(4) Personal, family, and property of the State. The State may directly
relations; undertake such activities, or it may enter
into co-production, joint venture, or
(5) Regional urban and rural planning production-sharing agreements with
development; Filipino citizens, or corporations or
associations at least sixty per centum of
(6) Economic, social, and tourism whose capital is owned by such citizens.
development; Such agreements may be for a period not
exceeding twenty-five years, renewable
(7) Educational policies; for not more than twenty-five years, and
under such terms and conditions as may
(8) Preservation and development of the
be provided by law. In cases of water
cultural heritage; and
rights for irrigation, water supply,
(9) Such other matters as may be fisheries, or industrial uses other than the
authorized by law for the promotion of the development of water power, beneficial
general welfare of the people of the use may be the measure and limit of the
region. grant.

SECTION 21. The preservation of peace The State shall protect the nation’s marine
and order within the regions shall be the wealth in its archipelagic waters, territorial
responsibility of the local police agencies sea, and exclusive economic zone, and
which shall be organized, maintained, reserve its use and enjoyment exclusively
supervised, and utilized in accordance to Filipino citizens.
with applicable laws. The defense and
The Congress may, by law, allow
security of the regions shall be the
small-scale utilization of natural resources
responsibility of the National Government.
by Filipino citizens, as well as cooperative
fish farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes,
ARTICLE XII - National Economy and bays, and lagoons.
Patrimony
The President may enter into agreements
SECTION 1. The goals of the national with foreign-owned corporations involving
economy are a more equitable distribution either technical or financial assistance for
of opportunities, income, and wealth; a large-scale exploration, development, and
sustained increase in the amount of goods utilization of minerals, petroleum, and
and services produced by the nation for other mineral oils according to the general
the benefit of the people; and an terms and conditions provided by law,
expanding productivity as the key to based on real contributions to the
raising the quality of life for all, especially economic growth and general welfare of
the underprivileged. the country. In such agreements, the
State shall promote the development and
The State shall promote industrialization use of local scientific and technical
and full employment based on sound resources.
agricultural development and agrarian
reform, through industries that make full The President shall notify the Congress of
and efficient use of human and natural every contract entered into in accordance
resources, and which are competitive in
with this provision, within thirty days from qualified to acquire or hold lands of the
its execution. public domain.

SECTION 3. Lands of the public domain SECTION 8. Notwithstanding the

are classified into agricultural, forest or provisions of Section 7 of this Article, a
timber, mineral lands, and national parks. natural-born citizen of the Philippines who
Agricultural lands of the public domain has lost his Philippine citizenship may be a
may be further classified by law according transferee of private lands, subject to
to the uses which they may be devoted. limitations provided by law.
Alienable lands of the public domain shall
be limited to agricultural lands. Private SECTION 9. The Congress may establish
corporations or associations may not hold an independent economic and planning
such alienable lands of the public domain agency headed by the President, which
except by lease, for a period not shall, after consultations with the
exceeding twenty-five years, renewable appropriate public agencies, various
for not more than twenty-five years, and private sectors, and local government
not to exceed one thousand hectares in units, recommend to Congress, and
area. Citizens of the Philippines may lease implement continuing integrated and
not more than five hundred hectares, or coordinated programs and policies for
acquire not more than twelve hectares national development.
thereof by purchase, homestead, or grant.
Until the Congress provides otherwise, the
Taking into account the requirements of National Economic and Development
conservation, ecology, and development, Authority shall function as the
and subject to the requirements of independent planning agency of the
agrarian reform, the Congress shall government.
determine, by law, the size of lands of the
public domain which may be acquired, SECTION 10. The Congress shall, upon
developed, held, or leased and the recommendation of the economic and
conditions therefor. planning agency, when the national
interest dictates, reserve to citizens of the
SECTION 4. The Congress shall, as soon Philippines or to corporations or
as possible, determine by law the specific associations at least sixty per centum of
limits of forest lands and national parks, whose capital is owned by such citizens,
marking clearly their boundaries on the or such higher percentage as Congress
ground. Thereafter, such forest lands and may prescribe, certain areas of
national parks shall be conserved and may investments. The Congress shall enact
not be increased nor diminished, except measures that will encourage the
by law. The Congress shall provide, for formation and operation of enterprises
such period as it may determine, whose capital is wholly owned by Filipinos.
measures to prohibit logging in
endangered forests and watershed areas. In the grant of rights, privileges, and
concessions covering the national
SECTION 5. The State, subject to the economy and patrimony, the State shall
provisions of this Constitution and national give preference to qualified Filipinos.
development policies and programs, shall
protect the rights of indigenous cultural The State shall regulate and exercise
communities to their ancestral lands to authority over foreign investments within
ensure their economic, social, and cultural its national jurisdiction and in accordance
well-being. with its national goals and priorities.

The Congress may provide for the SECTION 11. No franchise, certificate, or
applicability of customary laws governing any other form of authorization for the
property rights or relations in determining operation of a public utility shall be
the ownership and extent of ancestral granted except to citizens of the
domain. Philippines or to corporations or
associations organized under the laws of
SECTION 6. The use of property bears a the Philippines at least sixty per centum of
social function, and all economic agents whose capital is owned by such citizens,
shall contribute to the common good. nor shall such franchise, certificate, or
Individuals and private groups, including authorization be exclusive in character or
corporations, cooperatives, and similar for a longer period than fifty years.
collective organizations, shall have the Neither shall any such franchise or right
right to own, establish, and operate be granted except under the condition
economic enterprises, subject to the duty that it shall be subject to amendment,
of the State to promote distributive justice alteration, or repeal by the Congress when
and to intervene when the common good the common good so requires. The State
so demands. shall encourage equity participation in
public utilities by the general public. The
SECTION 7. Save in cases of hereditary participation of foreign investors in the
succession, no private lands shall be governing body of any public utility
transferred or conveyed except to enterprise shall be limited to their
individuals, corporations, or associations proportionate share in its capital, and all
the executive and managing officers of integrity, and patriotism, the majority of
such corporation or association must be whom shall come from the private sector.
citizens of the Philippines. They shall also be subject to such other
qualifications and disabilities as may be
SECTION 12. The State shall promote the prescribed by law. The authority shall
preferential use of Filipino labor, domestic provide policy direction in the areas of
materials and locally produced goods, and money, banking, and credit. It shall have
adopt measures that help make them supervision over the operations of banks
competitive. and exercise such regulatory powers as
may be provided by law over the
SECTION 13. The State shall pursue a operations of finance companies and other
trade policy that serves the general institutions performing similar functions.
welfare and utilizes all forms and
arrangements of exchange on the basis of Until the Congress otherwise provides, the
equality and reciprocity. Central Bank of the Philippines, operating
under existing laws, shall function as the
SECTION 14. The sustained development central monetary authority.
of a reservoir of national talents consisting
of Filipino scientists, entrepreneurs, SECTION 21. Foreign loans may only be
professionals, managers, high-level incurred in accordance with law and the
technical manpower and skilled workers regulation of the monetary authority.
and craftsmen in all fields shall be Information on foreign loans obtained or
promoted by the State. The State shall guaranteed by the Government shall be
encourage appropriate technology and made available to the public.
regulate its transfer for the national
benefit. SECTION 22. Acts which circumvent or
negate any of the provisions of this Article
The practice of all professions in the shall be considered inimical to the national
Philippines shall be limited to Filipino interest and subject to criminal and civil
citizens, save in cases prescribed by law. sanctions, as may be provided by law.
SECTION 15. The Congress shall create an ARTICLE XIII - Social Justice and
agency to promote the viability and Human Rights
growth of cooperatives as instruments for
social justice and economic development. SECTION 1. The Congress shall give
highest priority to the enactment of
SECTION 16. The Congress shall not, measures that protect and enhance the
except by general law, provide for the right of all the people to human dignity,
formation, organization, or regulation of reduce social, economic, and political
private corporations. Government-owned inequalities, and remove cultural
or controlled corporations may be created inequities by equitably diffusing wealth
or established by special charters in the and political power for the common good.
interest of the common good and subject
to the test of economic viability. To this end, the State shall regulate the
acquisition, ownership, use, and
SECTION 17. In times of national disposition of property and its increments.
emergency, when the public interest so
requires, the State may, during the SECTION 2. The promotion of social
emergency and under reasonable terms justice shall include the commitment to
prescribed by it, temporarily take over or create economic opportunities based on
direct the operation of any privately freedom of initiative and self-reliance.
owned public utility or business affected
with public interest. Labor

SECTION 18. The State may, in the SECTION 3. The State shall afford full
interest of national welfare or defense, protection to labor, local and overseas,
establish and operate vital industries and, organized and unorganized, and promote
upon payment of just compensation, full employment and equality of
transfer to public ownership utilities and employment opportunities for all.
other private enterprises to be operated
by the Government. It shall guarantee the rights of all workers
to self-organization, collective bargaining
SECTION 19. The State shall regulate or and negotiations, and peaceful concerted
prohibit monopolies when the public activities, including the right to strike in
interest so requires. No combinations in accordance with law. They shall be
restraint of trade or unfair competition entitled to security of tenure, humane
shall be allowed. conditions of work, and a living wage.
They shall also participate in policy and
SECTION 20. The Congress shall establish decision-making processes affecting their
an independent central monetary rights and benefits as may be provided by
authority, the members of whose law.
governing board must be natural-born
Filipino citizens, of known probity, The State shall promote the principle of
shared responsibility between workers and
employers and the preferential use of adequate financial, production, and
voluntary modes in settling disputes, marketing assistance, and other services.
including conciliation, and shall enforce The State shall also protect, develop, and
their mutual compliance therewith to conserve such resources. The protection
foster industrial peace. shall extend to offshore fishing grounds of
subsistence fishermen against foreign
The State shall regulate the relations intrusion. Fishworkers shall receive a just
between workers and employers, share from their labor in the utilization of
recognizing the right of labor to its just marine and fishing resources.
share in the fruits of production and the
right of enterprises to reasonable returns SECTION 8. The State shall provide
on investments, and to expansion and incentives to landowners to invest the
growth. proceeds of the agrarian reform program
to promote industrialization, employment
Agrarian and Natural Resources Reform creation, and privatization of public sector
enterprises. Financial instruments used as
SECTION 4. The State shall, by law, payment for their lands shall be honored
undertake an agrarian reform program as equity in enterprises of their choice.
founded on the right of farmers and
regular farmworkers, who are landless, to Urban Land Reform and Housing
own directly or collectively the lands they
till or, in the case of other farmworkers, to SECTION 9. The State shall, by law, and
receive a just share of the fruits thereof. for the common good, undertake, in
To this end, the State shall encourage and cooperation with the public sector, a
undertake the just distribution of all continuing program of urban land reform
agricultural lands, subject to such and housing which will make available at
priorities and reasonable retention limits affordable cost decent housing and basic
as the Congress may prescribe, taking services to underprivileged and homeless
into account ecological, developmental, or citizens in urban centers and
equity considerations, and subject to the resettlements areas. It shall also promote
payment of just compensation. In adequate employment opportunities to
determining retention limits, the State such citizens. In the implementation of
shall respect the right of small such program the State shall respect the
landowners. The State shall further rights of small property owners.
provide incentives for voluntary
land-sharing. SECTION 10. Urban or rural poor dwellers
shall not be evicted nor their dwellings
SECTION 5. The State shall recognize the demolished, except in accordance with law
right of farmers, farmworkers, and and in a just and humane manner.
landowners, as well as cooperatives, and
other independent farmers’ organizations No resettlement of urban or rural dwellers
to participate in the planning, shall be undertaken without adequate
organization, and management of the consultation with them and the
program, and shall provide support to communities where they are to be
agriculture through appropriate relocated.
technology and research, and adequate
financial, production, marketing, and Health
other support services.
SECTION 11. The State shall adopt an
SECTION 6. The State shall apply the integrated and comprehensive approach
principles of agrarian reform or to health development which shall
stewardship, whenever applicable in endeavor to make essential goods, health
accordance with law, in the disposition or and other social services available to all
utilization of other natural resources, the people at affordable cost. There shall
including lands of the public domain under be priority for the needs of the
lease or concession suitable to agriculture, underprivileged sick, elderly, disabled,
subject to prior rights, homestead rights women, and children. The State shall
of small settlers, and the rights of endeavor to provide free medical care to
indigenous communities to their ancestral paupers.
lands.
SECTION 12. The State shall establish and
The State may resettle landless farmers maintain an effective food and drug
and farmworkers in its own agricultural regulatory system and undertake
estates which shall be distributed to them appropriate health manpower
in the manner provided by law. development and research, responsive to
the country’s health needs and problems.
SECTION 7. The State shall protect the
rights of subsistence fishermen, especially SECTION 13. The State shall establish a
of local communities, to the preferential special agency for disabled persons for
use of local marine and fishing resources, rehabilitation, self-development and
both inland and offshore. It shall provide self-reliance, and their integration into the
support to such fishermen through mainstream of society.
appropriate technology and research,
 Women for violations thereof in accordance with
the Rules of Court;
SECTION 14. The State shall protect
working women by providing safe and (3) Provide appropriate legal measures for
healthful working conditions, taking into the protection of human rights of all
account their maternal functions, and such persons within the Philippines, as well as
facilities and opportunities that will Filipinos residing abroad, and provide for
enhance their welfare and enable them to preventive measures and legal aid
realize their full potential in the service of services to the underprivileged whose
the nation. human rights have been violated or need
protection;
Role and Rights of People’s
Organizations (4) Exercise visitorial powers over jails,
prisons, or detention facilities;
SECTION 15. The State shall respect the
role of independent people’s organizations (5) Establish a continuing program of
to enable the people to pursue and research, education, and information to
protect, within the democratic framework, enhance respect for the primacy of human
their legitimate and collective interests rights;
and aspirations through peaceful and
lawful means. (6) Recommend to the Congress effective
measures to promote human rights and to
People’s organizations are bona fide provide for compensation to victims of
associations of citizens with demonstrated violations of human rights, or their
capacity to promote the public interest families;
and with identifiable leadership,
membership, and structure. (7) Monitor the Philippine Government’s
compliance with international treaty
SECTION 16. The right of the people and obligations on human rights;
their organizations to effective and
reasonable participation at all levels of (8) Grant immunity from prosecution to
social, political, and economic any person whose testimony or whose
decision-making shall not be abridged. possession of documents or other
The State shall, by law, facilitate the evidence is necessary or convenient to
establishment of adequate consultation determine the truth in any investigation
mechanisms. conducted by it or under its authority;

Human Rights (9) Request the assistance of any

department, bureau, office, or agency in
SECTION 17. (1) There is hereby created the performance of its functions;
an independent office called the
Commission on Human Rights. (10) Appoint its officers and employees in
accordance with law; and
(2) The Commission shall be composed of
a Chairman and four Members who must (11) Perform such other duties and
be natural-born citizens of the Philippines functions as may be provided by law.
and a majority of whom shall be members
of the Bar. The term of office and other SECTION 19. The Congress may provide
qualifications and disabilities of the for other cases of violations of human
Members of the Commission shall be rights that should fall within the authority
provided by law. of the Commission, taking into account its
recommendations.
(3) Until this Commission is constituted,
the existing Presidential Committee on ARTICLE XV - The Family
Human Rights shall continue to exercise
SECTION 1. The State recognizes the
its present functions and powers.
Filipino family as the foundation of the
(4) The approved annual appropriations of nation. Accordingly, it shall strengthen its
the Commission shall be automatically and solidarity and actively promote its total
regularly released. development.

SECTION 18. The Commission on Human SECTION 2. Marriage, as an inviolable

Rights shall have the following powers and social institution, is the foundation of the
functions: family and shall be protected by the State.

(1) Investigate, on its own or on SECTION 3. The State shall defend:

complaint by any party, all forms of
(1) The right of spouses to found a family
human rights violations involving civil and
in accordance with their religious
political rights;
convictions and the demands of
(2) Adopt its operational guidelines and responsible parenthood;
rules of procedure, and cite for contempt
(2) The right of children to assistance,
including proper care and nutrition, and
special protection from all forms of
neglect, abuse, cruelty, exploitation, and shall be held on the second Monday of
other conditions prejudicial to their May, 1987.
development;
The first local elections shall be held on a
(3) The right of the family to a family date to be determined by the President,
living wage and income; and which may be simultaneous with the
election of the Members of the Congress.
(4) The right of families or family It shall include the election of all Members
associations to participate in the planning of the city or municipal councils in the
and implementation of policies and Metropolitan Manila area.
programs that affect them.
SECTION 2. The Senators, Members of the
SECTION 4. The family has the duty to House of Representatives, and the local
care for its elderly members but the State officials first elected under this
may also do so through just programs of Constitution shall serve until noon of June
social security. 30, 1992.
ARTICLE XVII - Amendments or Of the Senators elected in the election of
Revisions 1992, the first twelve obtaining the
highest number of votes shall serve for six
SECTION 1. Any amendment to, or years and the remaining twelve for three
revision of, this Constitution may be years.
proposed by:
SECTION 3. All existing laws, decrees,
(1) The Congress, upon a vote of executive orders, proclamations, letters of
three-fourths of all its Members; or instructions, and other executive
issuances not inconsistent with this
(2) A constitutional convention.
Constitution shall remain operative until
SECTION 2. Amendments to this amended, repealed, or revoked.
Constitution may likewise be directly
SECTION 4. All existing treaties or
proposed by the people through initiative
international agreements which have not
upon a petition of at least twelve per
been ratified shall not be renewed or
centum of the total number of registered
extended without the concurrence of at
voters, of which every legislative district
least two-thirds of all the Members of the
must be represented by at least three per
Senate.
centum of the registered voters therein.
No amendment under this section shall be SECTION 5. The six-year term of the
authorized within five years following the incumbent President and Vice-President
ratification of this Constitution nor oftener elected in the February 7, 1986 election
than once every five years thereafter. is, for purposes of synchronization of
elections, hereby extended to noon of
The Congress shall provide for the
June 30, 1992.
implementation of the exercise of this
right. The first regular elections for the President
and Vice-President under this Constitution
SECTION 3. The Congress may, by a vote
shall be held on the second Monday of
of two-thirds of all its Members, call a
May, 1992.
constitutional convention, or by a majority
vote of all its Members, submit to the SECTION 6. The incumbent President shall
electorate the question of calling such a continue to exercise legislative powers
convention. until the first Congress is convened.
SECTION 4. Any amendment to, or SECTION 7. Until a law is passed, the
revision of, this Constitution under Section President may fill by appointment from a
1 hereof shall be valid when ratified by a list of nominees by the respective sectors
majority of the votes cast in a plebiscite the seats reserved for sectoral
which shall be held not earlier than sixty representation in paragraph (2), Section 5
days nor later than ninety days after the of Article VI of this Constitution.
approval of such amendment or revision.
SECTION 8. Until otherwise provided by
Any amendment under Section 2 hereof the Congress, the President may
shall be valid when ratified by a majority constitute the Metropolitan Authority to be
of the votes cast in a plebiscite which shall composed of the heads of all local
be held not earlier than sixty days nor government units comprising the
later than ninety days after the Metropolitan Manila area.
certification by the Commission on
Elections of the sufficiency of the petition. SECTION 9. A sub-province shall continue
to exist and operate until it is converted
ARTICLE XVIII - Transitory Provisions into a regular province or until its
component municipalities are reverted to
SECTION 1. The first elections of Members
the mother province.
of the Congress under this Constitution
SECTION 10. All courts existing at the controlled corporations and their
time of the ratification of this Constitution subsidiaries. This provision also applies to
shall continue to exercise their career officers whose resignation,
jurisdiction, until otherwise provided by tendered in line with the existing policy,
law. The provisions of the existing Rules of had been accepted.
Court, judiciary acts, and procedural laws
not inconsistent with this Constitution SECTION 17. Until the Congress provides
shall remain operative unless amended or otherwise, the President shall receive an
repealed by the Supreme Court or the annual salary of three hundred thousand
Congress. pesos; the Vice-President, the President of
the Senate, the Speaker of the House of
SECTION 11. The incumbent Members of Representatives, and the Chief Justice of
the Judiciary shall continue in office until the Supreme Court, two hundred forty
they reach the age of seventy years or thousand pesos each; the Senators, the
become incapacitated to discharge the Members of the House of Representatives,
duties of their office or are removed for the Associate Justices of the Supreme
cause. Court, and the Chairmen of the
Constitutional Commissions, two hundred
SECTION 12. The Supreme Court shall, four thousand pesos each; and the
within one year after the ratification of Members of the Constitutional
this Constitution, adopt a systematic plan Commissions, one hundred eighty
to expedite the decision or resolution of thousand pesos each.
cases or matters pending in the Supreme
Court or the lower courts prior to the SECTION 18. At the earliest possible time,
effectivity of this Constitution. A similar the Government shall increase the salary
plan shall be adopted for all special courts scales of the other officials and employees
and quasi-judicial bodies. of the National Government.

SECTION 13. The legal effect of the lapse, SECTION 19. All properties, records,
before the ratification of this Constitution, equipment, buildings, facilities, and other
of the applicable period for the decision or assets of any office or body abolished or
resolution of the cases or matters reorganized under Proclamation No. 3
submitted for adjudication by the courts, dated March 25, 1986 or this Constitution
shall be determined by the Supreme Court shall be transferred to the office or body
as soon as practicable. to which its powers, functions, and
responsibilities substantially pertain.
SECTION 14. The provisions of paragraphs
(3) and (4), Section 15 of Article VIII of SECTION 20. The first Congress shall give
this Constitution shall apply to cases or priority to the determination of the period
matters filed before the ratification of this for the full implementation of free public
Constitution, when the applicable period secondary education.
lapses after such ratification.
SECTION 21. The Congress shall provide
SECTION 15. The incumbent Members of efficacious procedures and adequate
the Civil Service Commission, the remedies for the reversion to the State of
Commission on Elections, and the all lands of the public domain and real
Commission on Audit shall continue in rights connected therewith which were
office for one year after the ratification of acquired in violation of the Constitution or
this Constitution, unless they are sooner the public land laws, or through corrupt
removed for cause or become practices. No transfer or disposition of
incapacitated to discharge the duties of such lands or real rights shall be allowed
their office or appointed to a new term until after the lapse of one year from the
thereunder. In no case shall any Member ratification of this Constitution.
serve longer than seven years including
service before the ratification of this SECTION 22. At the earliest possible time,
Constitution. the Government shall expropriate idle or
abandoned agricultural lands as may be
SECTION 16. Career civil service defined by law, for distribution to the
employees separated from the service not beneficiaries of the agrarian reform
for cause but as a result of the program.
reorganization pursuant to Proclamation
No. 3 dated March 25, 1986 and the SECTION 23. Advertising entities affected
reorganization following the ratification of by paragraph (2), Section 11 of Article
this Constitution shall be entitled to XVI of this Constitution shall have five
appropriate separation pay and to years from its ratification to comply on a
retirement and other benefits accruing to graduated and proportionate basis with
them under the laws of general application the minimum Filipino ownership
in force at the time of their separation. In requirement therein.
lieu thereof, at the option of the
employees, they may be considered for SECTION 24. Private armies and other
employment in the Government or in any armed groups not recognized by duly
of its subdivisions, instrumentalities, or constituted authority shall be dismantled.
agencies, including government-owned or 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

CHAPTER 2 - HUMAN RELATIONS an action for damages and other relief
against he latter, without prejudice to any
Art. 19. Every person must, in the disciplinary administrative action that may
exercise of his rights and in the be taken.
performance of his duties, act with justice,
give everyone his due, and observe Art. 28. Unfair competition in agricultural,
honesty and good faith. commercial or industrial enterprises or in
labor through the use of force,
Art. 20. Every person who, contrary to intimidation, deceit, machination or any
law, wilfully or negligently causes damage other unjust, oppressive or highhanded
to another, shall indemnify the latter for method shall give rise to a right of action
the same. by the person who thereby suffers
damage.
Art. 21. Any person who wilfully causes
loss or injury to another in a manner that Art. 29. When the accused in a criminal
is contrary to morals, good customs or prosecution is acquitted on the ground
public policy shall compensate the latter that his guilt has not been proved beyond
for the damage. reasonable doubt, a civil action for
damages for the same act or omission
Art. 22. Every person who through an act may be instituted. Such action requires
of performance by another, or any other only a preponderance of evidence. Upon
means, acquires or comes into possession motion of the defendant, the court may
of something at the expense of the latter require the plaintiff to file a bond to
without just or legal ground, shall return answer for damages in case the complaint
the same to him. should be found to be malicious.
Art. 23. Even when an act or event If in a criminal case the judgment of
causing damage to another's property was acquittal is based upon reasonable doubt,
not due to the fault or negligence of the the court shall so declare. In the absence
defendant, the latter shall be liable for of any declaration to that effect, it may be
indemnity if through the act or event he inferred from the text of the decision
was benefited. whether or not the acquittal is due to that
ground.
Art. 24. In all contractual, property or
other relations, when one of the parties is Art. 30. When a separate civil action is
at a disadvantage on account of his moral brought to demand civil liability arising
dependence, ignorance, indigence, mental from a criminal offense, and no criminal
weakness, tender age or other handicap, proceedings are instituted during the
the courts must be vigilant for his pendency of the civil case, a
protection. preponderance of evidence shall likewise
be sufficient to prove the act complained
Art. 25. Thoughtless extravagance in
of.
expenses for pleasure or display during a
period of acute public want or emergency Art. 31. When the civil action is based on
may be stopped by order of the courts at an obligation not arising from the act or
the instance of any government or private omission complained of as a felony, such
charitable institution. civil action may proceed independently of
the criminal proceedings and regardless of
Art. 26. Every person shall respect the
the result of the latter.
dignity, personality, privacy and peace of
mind of his neighbors and other persons. Art. 32. Any public officer or employee, or
The following and similar acts, though any private individual, who directly or
they may not constitute a criminal indirectly obstructs, defeats, violates or in
offense, shall produce a cause of action any manner impedes or impairs any of the
for damages, prevention and other relief: following rights and liberties of another
person shall be liable to the latter for
(1) Prying into the privacy of another's
damages:
residence:
(1) Freedom of religion;
(2) Meddling with or disturbing the private
life or family relations of another; (2) Freedom of speech;
(3) Intriguing to cause another to be (3) Freedom to write for the press or to
alienated from his friends; maintain a periodical publication;
(4) Vexing or humiliating another on (4) Freedom from arbitrary or illegal
account of his religious beliefs, lowly detention;
station in life, place of birth, physical
defect, or other personal condition. (5) Freedom of suffrage;
Art. 27. Any person suffering material or (6) The right against deprivation of
moral loss because a public servant or property without due process of law;
employee refuses or neglects, without just
cause, to perform his official duty may file
(7) The right to a just compensation Art. 33. In cases of defamation, fraud, and
when private property is taken for public physical injuries a civil action for
use; damages, entirely separate and distinct
from the criminal action, may be brought
(8) The right to the equal protection of by the injured party. Such civil action shall
the laws; proceed independently of the criminal
prosecution, and shall require only a
(9) The right to be secure in one's preponderance of evidence.
person, house, papers, and effects against
unreasonable searches and seizures; Art. 34. When a member of a city or
municipal police force refuses or fails to
(10) The liberty of abode and of changing render aid or protection to any person in
the same; case of danger to life or property, such
peace officer shall be primarily liable for
(11) The privacy of communication and
damages, and the city or municipality
correspondence;
shall be subsidiarily responsible therefor.
(12) The right to become a member of The civil action herein recognized shall be
associations or societies for purposes not independent of any criminal proceedings,
contrary to law; and a preponderance of evidence shall
suffice to support such action.
(13) The right to take part in a peaceable
assembly to petition the government for Art. 35. When a person, claiming to be
redress of grievances; injured by a criminal offense, charges
another with the same, for which no
(14) The right to be free from involuntary independent civil action is granted in this
servitude in any form; Code or any special law, but the justice of
the peace finds no reasonable grounds to
(15) The right of the accused against believe that a crime has been committed,
excessive bail; or the prosecuting attorney refuses or fails
to institute criminal proceedings, the
(16) The right of the accused to be heard complaint may bring a civil action for
by himself and counsel, to be informed of damages against the alleged offender.
the nature and cause of the accusation Such civil action may be supported by a
against him, to have a speedy and public preponderance of evidence. Upon the
trial, to meet the witnesses face to face, defendant's motion, the court may require
and to have compulsory process to secure the plaintiff to file a bond to indemnify the
the attendance of witness in his behalf; defendant in case the complaint should be
found to be malicious.
(17) Freedom from being compelled to be
a witness against one's self, or from being If during the pendency of the civil action,
forced to confess guilt, or from being an information should be presented by the
induced by a promise of immunity or prosecuting attorney, the civil action shall
reward to make such confession, except be suspended until the termination of the
when the person confessing becomes a criminal proceedings.
State witness;
Art. 36. Pre-judicial questions which must
(18) Freedom from excessive fines, or be decided before any criminal
cruel and unusual punishment, unless the prosecution may be instituted or may
same is imposed or inflicted in accordance proceed, shall be governed by rules of
with a statute which has not been court which the Supreme Court shall
judicially declared unconstitutional; and promulgate and which shall not be in
conflict with the provisions of this Code.
(19) Freedom of access to the courts.

In any of the cases referred to in this

article, whether or not the defendant's act
or omission constitutes a criminal offense,
the aggrieved party has a right to
commence an entirely separate and
distinct civil action for damages, and for
other relief. Such civil action shall proceed
independently of any criminal prosecution
(if the latter be instituted), and mat be
proved by a preponderance of evidence.

The indemnity shall include moral

damages. Exemplary damages may also
be adjudicated.

The responsibility herein set forth is not

demandable from a judge unless his act or
omission constitutes a violation of the
Penal Code or other penal statute.
Juvenile Justice and Welfare Act (RA (d) Refrain from using vulgar or profane
9344) words and from sexually harassing or
abusing, or making sexual advances on
TITLE IV the child in conflict with the law;
TREATMENT OF CHILDREN BELOW (e) Avoid displaying or using any firearm,
THE AGE OF CRIMINAL weapon, handcuffs or other instruments of
RESPONSIBILITY force or restraint, unless absolutely
necessary and only after all other methods
SEC. 20. ​Children Below the Age of of control have been exhausted and have
Criminal Responsibility. – If it has been failed;
determined that the child taken into
custody is fifteen (15) years old or below, (f) Refrain from subjecting the child in
the authority which will have an initial conflict with the law to greater restraint
contact with the child has the duty to than is necessary for his/her
immediately release the child to the apprehension;
custody of his/her parents or guardian, or
in the absence thereof, the child’s nearest (g) Avoid violence or unnecessary force;
relative. Said authority shall give notice to
the local social welfare and development (h) Determine the age of the child
officer who will determine the appropriate pursuant to Section 7 of this Act;
programs in consultation with the child
and to the person having custody over the (i) Immediately but not later than eight
child. If the parents, guardians or nearest (8) hours after apprehension, turn over
relatives cannot be located, or if they custody of the child to the Social Welfare
refuse to take custody, the child may be and Development Office or other
released to any of the following: a duly accredited NGOs, and notify the child’s
registered nongovernmental or religious apprehension. The social welfare and
organization; a barangay official or a development officer shall explain to the
member of the Barangay Council for the child and the child’s parents/guardians the
Protection of Children (BCPC); a local consequences of the child’s act with a
social welfare and development officer; or view towards counseling and
when and where appropriate, the DSWD. rehabilitation, diversion from the criminal
If the child referred to herein has been justice system, and reparation, if
found by the Local Social Welfare and appropriate;
Development Office to be abandoned,
(j) Take the child immediately to the
neglected or abused by his parents, or in
proper medical and health officer for a
the event that the parents will not comply
thorough physical and mental
with the prevention program, the proper
examination. The examination results
petition for involuntary commitment shall
shall be kept confidential unless otherwise
be filed by the DSWD or the Local Social
ordered by the Family Court. Whenever
Welfare and Development Office pursuant
the medical treatment is required, steps
to Presidential Decree No. 603, otherwise
shall be immediately undertaken to
,known as “The Child and Youth Welfare
provide the same;
Code”.
(k) Ensure that should detention of the
TITLE V
child in conflict with the law be necessary,
JUVENILE JUSTICE AND WELFARE the child shall be secured in quarters
SYSTEM separate from that of the opposite sex and
adult offenders;
CHAPTER I
(l) Record the following in the initial
INITIAL CONTACT WITH THE CHILD investigation:

SEC. 21. ​Procedure for Taking the 1. Whether handcuffs or other instruments
Child into Custody. – From the moment of restraint were used, and if so, the
a child is taken into custody, the law reason for such;
enforcement officer shall:
2. That the parents or guardian of a child,
(a) Explain to the child in simple language the DSWD, and the PA0 have been
and in a dialect that he/she can informed of the apprehension and the
understand why he/she is being placed details thereof; and
under custody and the offense that he/she
allegedly committed; 3. The exhaustion of measures to
determine the age of a child and the
(b) Inform the child of the reason for such precise details of the physical and medical
custody and advise the child of his/her examination or the failure to submit a
constitutional rights in a language or child to such examination; and
dialect understood by him/her;
(m) Ensure that all statements signed by
(e) Properly identify himself/herself and the child during investigation shall be
present proper identification to the child; witnessed by the child’s parents or
guardian, social worker, or legal counsel
in attendance who shall affix his/her welfare and development officer shall
signature to the said statement. meet with the child and his/her parents or
guardians for the development of the
A child in conflict with the law shall only appropriate diversion and rehabilitation
be searched by a law enforcement officer program, in coordination with the BCPC;
of the same gender and shall not be
locked up in a detention cell. (c) Where the imposable penalty for the
crime committed exceeds six (6) years
SEC. 22. ​Duties During Initial imprisonment, diversion measures may be
Investigation. – The law enforcement resorted to only by the court.
officer shall, in his/her investigation,
determine where the case involving the SEC. 24. ​Stages Where Diversion May
child in conflict with the law should be be Conducted. – Diversion may be
referred. conducted at the Katarungang
Pambarangay, the police investigation or
The taking of the statement of the child the inquest or preliminary investigation
shall be conducted in the presence of the stage and at all 1evels and phases of the
following: (1) child’s counsel of choice or proceedings including judicial level.
in the absence thereof, a lawyer from the
Public Attorney’s Office; (2) the child’s SEC. 25. ​Conferencing, Mediation and
parents, guardian, or nearest relative, as Conciliation. – A child in conflict with law
the case may be; and (3) the local social may undergo conferencing, mediation or
welfare and development officer. In the conciliation outside the criminal justice
absence of the child’s parents, guardian, system or prior to his entry into said
or nearest relative, and the local social system. A contract of diversion may be
welfare and development officer, the entered into during such conferencing,
investigation shall be conducted in the mediation or conciliation proceedings.
presence of a representative of an NGO,
religious group, or member of the BCPC. SEC. 26. ​Contract of Diversion. – If
during the conferencing, mediation or
After the initial investigation, the local conciliation, the child voluntarily admits
social worker conducting the same may do the commission of the act, a diversion
either of the following: program shall be developed when
appropriate and desirable as determined
(a) Proceed in accordance with Section 20 under Section 30. Such admission shall
if the child is fifteen (15) years or below not be used against the child in any
or above fifteen (15) but below eighteen subsequent judicial, quasi-judicial or
(18) years old, who acted without administrative proceedings. The diversion
discernment; and program shall be effective and binding if
accepted by the parties concerned. The
(b) If the child is above fifteen (15) years acceptance shall be in writing and signed
old but below eighteen (18) and who by the parties concerned and the
acted with discernment, proceed to appropriate authorities. The local social
diversion under the following chapter. welfare and development officer shall
supervise the implementation of the
CHAPTER 2
diversion program. The diversion
DIVERSION proceedings shall be completed within
forty-five (45) days. The period of
SEC. 23. ​System of Diversion. – prescription of the offense shall be
Children in conflict with the law shall suspended until the completion of the
undergo diversion programs without diversion proceedings but not to exceed
undergoing court proceedings subject to forty-five (45) days.
the conditions herein provided:
The child shall present himself/herself to
(a) Where the imposable penalty for the the competent authorities that imposed
crime committee is not more than six (6) the diversion program at least once a
years imprisonment, the law enforcement month for reporting and evaluation of the
officer or Punong Barangay with the effectiveness of the program.
assistance of the local social welfare and
development officer or other members of Failure to comply with the terms and
the LCPC shall conduct mediation, family conditions of the contract of diversion, as
conferencing and conciliation and, where certified by the local social welfare and
appropriate, adopt indigenous modes of development officer, shall give the
conflict resolution in accordance with the offended party the option to institute the
best interest of the child with a view to appropriate legal action.
accomplishing the objectives of restorative
The period of prescription of the offense
justice and the formulation of a diversion
shall be suspended during the effectivity
program. The child and his/her family
of the diversion program, but not
shall be present in these activities.
exceeding a period of two (2) years.
(b) In victimless crimes where the
SEC. 27. ​Duty of the Punong Barangay
imposable penalty is not more than six (6)
When There is No Diversion. – If the
years imprisonment, the local social
offense does not fall under Section 23(a) (a) The child’s feelings of remorse for the
and (b), or if the child, his/her parents or offense he/she committed;
guardian does not consent to a diversion,
the Punong Barangay handling the case (b) The parents’ or legal guardians’ ability
shall, within three (3) days from to guide and supervise the child;
determination of the absence of
jurisdiction over the case or termination of (c) The victim’s view about the propriety
the diversion proceedings, as the case of the measures to be imposed; and
may be, forward the records of the case of
(d) The availability of community-based
the child to the law enforcement officer,
programs for rehabilitation and
prosecutor or the appropriate court, as the
reintegration of the child.
case may be. Upon the issuance of the
corresponding document, certifying to the SEC. 31. ​Kinds of Diversion Programs.
fact that no agreement has been reached – The diversion program shall include
by the parties, the case shall be filed adequate socio-cultural and psychological
according to the regular process. responses and services for the child. At
the different stages where diversion may
SEC. 28. ​Duty of the Law Enforcement
be resorted to, the following diversion
Officer When There is No Diversion. –
programs may be agreed upon, such as,
If the offense does not fall under Section
but not limited to:
23(a) and (b), or if the child, his/her
parents or guardian does not consent to a (a) At the level of the Punong Barangay:
diversion, the Women and Children
Protection Desk of the PNP, or other law (1) Restitution of property;
enforcement officer handling the case of
the child under custody, to the prosecutor (2) Reparation of the damage caused;
or judge concerned for the conduct of
inquest and/or preliminary investigation to (3) Indemnification for consequential
determine whether or not the child should damages;
remain under custody and correspondingly
(4) Written or oral apology;
charged in court. The document
transmitting said records shall display the (5) Care, guidance and supervision
word “CHILD” in bold letters. orders;
SEC. 29. ​Factors in Determining (6) Counseling for the child in conflict with
Diversion Program. – In determining the law and the child’s family;
whether diversion is appropriate and
desirable, the following factors shall be (7)Attendance in trainings, seminars and
taken into consideration: lectures on:

(a) The nature and circumstances of the (i) anger management skills;
offense charged;
(ii) problem solving and/or conflict
(b) The frequency and the severity of the resolution skills;
act;
(iii) values formation; and
(c) The circumstances of the child (e.g.
age, maturity, intelligence, etc.); (iv) other skills which will aid the child in
dealing with situations which can lead to
(d) The influence of the family and repetition of the offense;
environment on the growth of the child;
(8) Participation in available
(e) The reparation of injury to the victim; community-based programs, including
community service; or
(f) The weight of the evidence against the
child; (9) Participation in education, vocation
and life skills programs.
(g) The safety of the community; and
(b) At the level of the law enforcement
(h) The best interest of the child. officer and the prosecutor:
SEC. 30. ​Formulation of the Diversion (1) Diversion programs specified under
Program. – In formulating a diversion paragraphs (a)(1) to (a)(9) herein; and
program, the individual characteristics and
the peculiar circumstances of the child in (2) Confiscation and forfeiture of the
conflict with the law shall be used to proceeds or instruments of the crime;
formulate an individualized treatment.
(c) At the level of the appropriate court:
The following factors shall be considered
in formulating a diversion program for the (1) Diversion programs specified under
child: paragraphs(a)and (b) above;

(2) Written or oral reprimand or citation;

(3) Fine: The court shall not order the detention of
a child in a jail pending trial or hearing of
(4) Payment of the cost of the his/her case.
proceedings; or
SEC. 36. ​Detention of the Child
(5) Institutional care and custody. Pending Trial. – Children detained
pending trial may be released on bail or
CHAPTER 3 recognizance as provided for under
Sections 34 and 35 under this Act. In all
PROSECUTION
other cases and whenever possible,
SEC. 32. ​Duty of the Prosecutor’s detention pending trial may be replaced
Office. – There shall be a specially trained by alternative measures, such as close
prosecutor to conduct inquest, preliminary supervision, intensive care or placement
investigation and prosecution of cases with a family or in an educational setting
involving a child in conflict with the law. If or home. Institutionalization or detention
there is an allegation of torture or of the child pending trial shall be used
ill-treatment of a child in conflict with the only as a measure of last resort and for
law during arrest or detention, it shall be the shortest possible period of time.
the duty of the prosecutor to investigate
Whenever detention is necessary, a child
the same.
will always be detained in youth detention
SEC. 33. ​Preliminary Investigation homes established by local governments,
and Filing of Information. – The pursuant to Section 8 of the Family Courts
prosecutor shall conduct a preliminary Act, in the city or municipality where the
investigation in the following instances: child resides.
(a) when the child in conflict with the law
In the absence of a youth detention home,
does not qualify for diversion: (b) when
the child in conflict with the law may be
the child, his/her parents or guardian does
committed to the care of the DSWD or a
not agree to diversion as specified in
local rehabilitation center recognized by
Sections 27 and 28; and (c) when
the government in the province, city or
considering the assessment and
municipality within the jurisdiction of the
recommendation of the social worker, the
court. The center or agency concerned
prosecutor determines that diversion is
shall be responsible for the child’s
not appropriate for the child in conflict
appearance in court whenever required.
with the law.
SEC. 37. ​Diversion Measures. – Where
Upon serving the subpoena and the
the maximum penalty imposed by law for
affidavit of complaint, the prosecutor shall
the offense with which the child in conflict
notify the Public Attorney’s Office of such
with the law is charged is imprisonment of
service, as well as the personal
not more than twelve (12) years,
information, and place of detention of the
regardless of the fine or fine alone
child in conflict with the law.
regardless of the amount, and before
Upon determination of probable cause by arraignment of the child in conflict with
the prosecutor, the information against the law, the court shall determine whether
the child shall be filed before the Family or not diversion is appropriate.
Court within forty-five (45) days from the
SEC. 38. ​Automatic Suspension of
start of the preliminary investigation.
Sentence. – Once the child who is under
CHAPTER 4 - COURT PROCEEDINGS eighteen (18) years of age at the time of
the commission of the offense is found
SEC. 34. ​Bail. – For purposes of guilty of the offense charged, the court
recommending the amount of bail, the shall determine and ascertain any civil
privileged mitigating circumstance of liability which may have resulted from the
minority shall be considered. offense committed. However, instead of
pronouncing the judgment of conviction,
SEC. 35. ​Release on Recognizance. – the court shall place the child in conflict
Where a child is detained, the court shall with the law under suspended sentence,
order: without need of application: ​Provided​,
however​, That suspension of sentence
(a) the release of the minor on shall still be applied even if the juvenile is
recognizance to his/her parents and other already eighteen years (18) of age or
suitable person; more at the time of the pronouncement of
his/her guilt.
(b) the release of the child in conflict with
the law on bail; or Upon suspension of sentence and after
considering the various chcumstances of
(c) the transfer of the minor to a youth
the child, the court shall impose the
detention home/youth rehabilitation
appropriate disposition measures as
center.
provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
SEC. 39. ​Discharge of the Child in with the law may have his/hes sentence
Conflict with the Law. – Upon the suspended or if he/she may be granted
recommendation of the social worker who probation under the Probation Law, or to
has custody of the child, the court shall enforce the civil liability imposed in the
dismiss the case against the child whose criminal action.
sentence has been suspended and against
whom disposition measures have been The component authorities shall undertake
issued, and shall order the final discharge all measures to protect this confidentiality
of the child if it finds that the objective of of proceedings, including non-disclosure of
the disposition measures have been records to the media, maintaining a
fulfilled. separate police blotter for cases involving
children in conflict with the law and
The discharge of the child in conflict with adopting a system of coding to conceal
the law shall not affect the civil liability material information which will lead to the
resulting from the commission of the child’s identity. Records of a child in
offense, which shall be enforced in conflict with the law shall not be used in
accordance with law. subsequent proceedings for cases
involving the same offender as an adult,
SEC. 40. ​Return of the Child in Conflict except when beneficial for the offender
with the Law to Court. – If the court and upon his/her written consent.
finds that the objective of the disposition
measures imposed upon the child in A person who has been in conflict with the
conflict with the law have not been law as a child shall not be held under any
fulfilled, or if the child in conflict with the provision of law, to be guilty of perjury or
law has willfully failed to comply with the of concealment or misrepresentation by
conditions of his/her disposition or reason of his/her failure to acknowledge
rehabilitation program, the child in conflict the case or recite any fact related thereto
with the law shall be brought before the in response to any inquiry made to
court for execution of judgment. him/her for any purpose.

If said child in conflict with the law has TITLE VI - REHABILITATION AND
reached eighteen (18) years of age while REINTEGRATION
under suspended sentence, the court shall
determine whether to discharge the child SEC. 44. ​Objective of Rehabilitation
in accordance with this Act, to order and Reintegration. – The objective of
execution of sentence, or to extend the rehabilitation and reintegration of children
suspended sentence for a certain specified in conflict with the law is to provide them
period or until the child reaches the with interventions, approaches and
maximum age of twenty-one (21) years. strategies that will enable them to
improve their social functioning with the
SEC. 41. ​Credit in Service of Sentence. end goal of reintegration to their families
– The child in conflict with the law shall be and as productive members of their
credited in the services of his/her communities.
sentence with the full time spent in actual
commitment and detention under this Act. SEC. 45. ​Court Order Required. – No
child shall be received in any rehabilitation
SEC. 42. ​Probation as an Alternative or training facility without a valid order
to Imprisonment. – The court may, after issued by the court after a hearing for the
it shall have convicted and sentenced a purpose. The details of this order shall be
child in conflict with the law, and upon immediately entered in a register
application at any time, place the child on exclusively for children in conflict with the
probation in lieu of service of his/her law. No child shall be admitted in any
sentence taking into account the best facility where there is no such register.
interest of the child. For this purpose,
Section 4 of Presidential Decree No. 968, SEC. 46, ​Separate Facilities from
otherwise known as the “Probation Law of Adults. – In all rehabilitation or training
1976”, is hereby amended accordingly. facilities, it shall be mandatory that
children shall be separated from adults
CHAPTER 5 - CONFIDENTIALITY OF unless they are members of the same
RECORDS AND PROCEEDINGS family. Under no other circumstance shall
a child in conflict with the law be placed in
SEC. 43. ​Confedentiality of Records the same confinement as adults.
and Proceedings. – All records and
proceedings involving children in conflict The rehabilitation, training or confinement
with the law from initial contact until final area of children in conflict with the law
disposition of the case shall be considered shall provide a home environment where
privileged and confidential. The public children in conflict with the law can be
shall be excluded during the proceedings provided with quality counseling and
and the records shall not be disclosed treatment.
directly or indirectly to anyone by any of
the parties or the participants in the SEC. 47. ​Female Children. – Female
proceedings for any purpose whatsoever, children in conflict with the law placed in
except to determine if the child in conflict an institution shall be given special
attention as to their personal needs and SEC. 52. ​Rehabilitation of Children in
problems. They shall be handled by Conflict with the Law. – Children in
female doctors, correction officers and conflict with the law, whose sentences are
social workers, and shall be suspended may, upon order of the court,
accommodated separately from male undergo any or a combination of
children in conflict with the law. disposition measures best suited to the
rehabilitation and welfare of the child as
SEC. 48. ​Gender-Sensitivity Training. provided in the Supreme Court Rule on
– No personnel of rehabilitation and Juveniles in Conflict with the Law.
training facilities shall handle children in
conflict with the law without having If the community-based rehabilitation is
undergone gender sensitivity training. availed of by a child in conflict with the
law, he/she shall be released to parents,
SEC. 49. ​Establishment of Youth guardians, relatives or any other
Detention Homes. – The LGUs shall set responsible person in the community.
aside an amount to build youth detention Under the supervision and guidance of the
homes as mandated by the Family Courts local social welfare and development
Act. Youth detention homes may also be officer, and in coordination with his/her
established by private and NGOs licensed parents/guardian, the child in conflict with
and accredited by the DSWD, in the law shall participate in
consultation with the JJWC. community-based programs, which shall
include, but not limited to:
SEC. 50. ​Care and Maintenance of the
Child in Conflict with the Law. – The (1) Competency and life skills
expenses for the care and maintenance of development;
a child in conflict with the law under
institutional care shall be borne by his/her (2) Socio-cultural and recreational
parents or those persons liable to support activities;
him/her: ​Provided​, That in case his/her
parents or those persons liable to support (3) Community volunteer projects;
him/her cannot pay all or part of said
expenses, the municipality where the (4) Leadership training;
offense was committed shall pay one-third
(5) Social services;
(1/3) of said expenses or part thereof; the
province to which the municipality belongs (6) Homelife services;
shall pay one-third (1/3) and the
remaining one-third (1/3) shall be borne (7) Health services; .
by the national government. Chartered
cities shall pay two-thirds (2/3) of said (8) Spiritual enrichment; and
expenses; and in case a chartered city
cannot pay said expenses, part of the (9) Community and family welfare
internal revenue allotments applicable to services.
the unpaid portion shall be withheld and
In accordance therewith, the family of the
applied to the settlement of said
child in conflict with the law shall
obligations: ​Provided​, ​further​, That in the
endeavor to actively participate in the
event that the child in conflict with the law
community-based rehabilitation.
is not a resident of the municipality/city
where the offense was committed, the Based on the progress of the youth in the
court, upon its determination, may require community, a final report will be
the city/municipality where the child in forwarded by the local social welfare and
conflict with the law resides to shoulder development officer to the court for final
the cost. disposition of the case.
All city and provincial governments must If the community-based programs are
exert effort for the immediate provided as diversion measures under
establishment of local detention homes for Chapter II, Title V, the programs
children in conflict with the law. enumerated above shall be made available
to the child in conflict with the law.
SEC. 51. ​Confinement of Convicted
Children in Agricultural Camps and SEC. 53. ​Youth Rehabilitation Center.
other Training Facilities.​ – A child – The youth rehabilitation center shall
provide 24-hour group care, treatment
in conflict with the law may, after
and rehabilitation services under the
conviction and upon order of the court, be
guidance of a trained staff where residents
made to serve his/her sentence, in lieu of
are cared for under a structured
confinement in a regular penal institution,
therapeutic environment with the end
in an agricultural camp and other training
view of reintegrating them in their families
facilities that may be established,
and communities as socially functioning
maintained, supervised and controlled by
individuals. A quarterly report shall be
the BUCOR, in coordination with the
submitted by the center to the proper
DSWD.
court on the progress of the children in
conflict with the law. Based on the
progress of the youth in the center, a final not be considered an offense and shall not
report will be forwarded to the court for be punished if committed by a child.
final disposition of the case. The DSWD
shall establish youth rehabilitation centers SEC. ​58. Offenses Not Applicable to
in each region of the country. Children. – Persons below eighteen (18)
years of age shall be exempt from
SEC. 54. ​Objectives of Community prosecution for the crime of vagrancy and
Based Programs. – The objectives of prostitution under Section 202 of the
community-based programs are as Revised Penal Code, of mendicancy under
follows: Presidential Decree No. 1563, and sniffing
of rugby under Presidential Decree No.
(a) Prevent disruption in the education or 1619, such prosecution being inconsistent
means of livelihood of the child in conflict with the United Nations Convention on the
with the law in case he/she is studying, Rights of the Child: ​Provided,​ That said
working or attending vocational learning persons shall undergo appropriate
institutions; counseling and treatment program.
(b) Prevent separation of the child in SEC. ​59. Exemption from the
conflict with the law from his/her Application of Death Penalty. – The
parents/guardians to maintain the support provisions of the Revised Penal Code, as
system fostered by their relationship and amended, Republic Act No. 9165,
to create greater awareness of their otherwise known as the Comprehensive
mutual and reciprocal responsibilities; Dangerous Drugs Act of 2002, and other
special laws notwithstanding, no death
(c) Facilitate the rehabilitation and penalty shall be imposed upon children in
mainstreaming of the child in conflict with conflict with the law.
the law and encourage community support
and involvement; and CHAPTER 2 - PROHIBITED ACTS
(d) Minimize the stigma that attaches to SEC. ​60. Prohibition Against Labeling
the child in conflict with the law by and Shaming. – In the conduct of the
preventing jail detention. proceedings beginning from the initial
contact with the child, the competent
SEC. 55. ​Criteria of Community-Based authorities must refrain from branding or
Programs. – Every LGU shall establish labeling children as young criminals,
community-based programs that will focus juvenile delinquents, prostitutes or
on the rehabilitation and reintegration of attaching to them in any manner any
the child. All programs shall meet the other derogatory names. Likewise, no
criteria to be established by the JJWC discriminatory remarks and practices shall
which shall take into account the purpose be allowed particularly with respect to the
of the program, the need for the consent child’s class or ethnic origin.
of the child and his/her parents or legal
guardians, and the participation of the SEC. ​61. Other Prohibited Acts. – The
child-centered agencies whether public or following and any other similar acts shall
private. be considered prejudicial and detrimental
to the psychological, emotional, social,
SEC. 56. ​After-Care Support Services spiritual, moral and physical health and
for Children in Conflict with the Law. well-being of the child in conflict with the
– Children in conflict with the law whose law and therefore, prohibited:
cases have been dismissed by the proper
court because of good behavior as per (a) Employment of threats of whatever
recommendation of the DSWD social kind and nature;
worker and/or any accredited NGO youth
rehabilitation center shall be provided (b) Employment of abusive, coercive and
after-care services by the local social punitive measures such as cursing,
welfare and development officer for a beating, stripping, and solitary
period of at least six (6) months. The confinement;
service includes counseling and other
community-based services designed to (c) Employment of degrading, inhuman
facilitate social reintegration, prevent end cruel forms of punishment such as
re-offending and make the children shaving the heads, pouring irritating,
productive members of the community. corrosive or harmful substances over the
body of the child in conflict with the law,
TITLE VII - GENERAL PROVISIONS or forcing him/her to walk around the
community wearing signs which
CHAPTER 1 embarrass, humiliate, and degrade his/her
personality and dignity; and
EXEMPTING PROVISIONS
(d) Compelling the child to perform
SEC. ​57. Status Offenees. – Any involuntary servitude in any and all forms
conduct not considered an offense or not under any and all instances.
penalized if committed by an adult shall