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C. Bill of Rights

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C. Bill of Rights

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Nosreffej Lara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Principles SECTION 1.

The Philippines is a
democratic and republican State.
THE 1987 CONSTITUTION Sovereignty resides in the people and all
government authority emanates from them.
THE CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES SECTION 2. The Philippines renounces war
as an instrument of national policy, adopts
PREAMBLE the generally accepted principles of
international law as part of the law of the
We, the sovereign Filipino people, imploring land and adheres to the policy of peace,
the aid of Almighty God, in order to build a equality, justice, freedom, cooperation, and
just and humane society and establish a amity with all nations.
Government that shall embody our ideals
and aspirations, promote the common good, SECTION 3. Civilian authority is, at all
conserve and develop our patrimony, and times, supreme over the military. The
secure to ourselves and our posterity the Armed Forces of the Philippines is the
blessings of independence and democracy protector of the people and the State. Its goal
under the rule of law and a regime of truth, is to secure the sovereignty of the State and
justice, freedom, love, equality, and peace, the integrity of the national territory.
do ordain and promulgate this Constitution.
SECTION 4. The prime duty of the
ARTICLE I Government is to serve and protect the
people. The Government may call upon the
National Territory people to defend the State and, in the
fulfillment thereof, all citizens may be
The national territory comprises the required, under conditions provided by law,
Philippine archipelago, with all the islands to render personal military or civil service.
and waters embraced therein, and all other
territories over which the Philippines has SECTION 5. The maintenance of peace and
sovereignty or jurisdiction, consisting of its order, the protection of life, liberty, and
terrestrial, fluvial, and aerial domains, property, and the promotion of the general
including its territorial sea, the seabed, the welfare are essential for the enjoyment by all
subsoil, the insular shelves, and other the people of the blessings of democracy.
submarine areas. The waters around,
between, and connecting the islands of the SECTION 6. The separation of Church and
archipelago, regardless of their breadth and State shall be inviolable.
dimensions, form part of the internal waters
of the Philippines. State Policies

ARTICLE II SECTION 7. The State shall pursue an


independent foreign policy. In its relations
Declaration of Principles and State with other states the paramount
Policies consideration shall be national sovereignty,
territorial integrity, national interest, and the
Principles right to self-determination.
SECTION 8. The Philippines, consistent SECTION 15. The State shall protect and
with the national interest, adopts and pursues promote the right to health of the people and
a policy of freedom from nuclear weapons in instill health consciousness among them.
its territory.
SECTION 16. The State shall protect and
SECTION 9. The State shall promote a just advance the right of the people to a balanced
and dynamic social order that will ensure the and healthful ecology in accord with the
prosperity and independence of the nation rhythm and harmony of nature.
and free the people from poverty through
policies that provide adequate social SECTION 17. The State shall give priority
services, promote full employment, a rising to education, science and technology, arts,
standard of living, and an improved quality culture, and sports to foster patriotism and
of life for all. nationalism, accelerate social progress, and
promote total human liberation and
SECTION 10. The State shall promote development.
social justice in all phases of national
development. SECTION 18. The State affirms labor as a
primary social economic force. It shall
SECTION 11. The State values the dignity protect the rights of workers and promote
of every human person and guarantees full their welfare.
respect for human rights.
SECTION 19. The State shall develop a
SECTION 12. The State recognizes the self-reliant and independent national
sanctity of family life and shall protect and economy effectively controlled by Filipinos.
strengthen the family as a basic autonomous
social institution. It shall equally protect the SECTION 20. The State recognizes the
life of the mother and the life of the unborn indispensable role of the private sector,
from conception. The natural and primary encourages private enterprise, and provides
right and duty of parents in the rearing of the incentives to needed investments.
youth for civic efficiency and the
development of moral character shall receive SECTION 21. The State shall promote
the support of the Government. comprehensive rural development and
agrarian reform.
SECTION 13. The State recognizes the vital
role of the youth in nation-building and shall SECTION 22. The State recognizes and
promote and protect their physical, moral, promotes the rights of indigenous cultural
spiritual, intellectual, and social well-being. communities within the framework of
It shall inculcate in the youth patriotism and national unity and development.
nationalism, and encourage their
involvement in public and civic affairs. SECTION 23. The State shall encourage
non-governmental, community-based, or
SECTION 14. The State recognizes the role sectoral organizations that promote the
of women in nation-building, and shall welfare of the nation.
ensure the fundamental equality before the
law of women and men.
SECTION 24. The State recognizes the vital SECTION 3. (1) The privacy of
role of communication and information in communication and correspondence shall be
nation-building. inviolable except upon lawful order of the
court, or when public safety or order
SECTION 25. The State shall ensure the requires otherwise as prescribed by law.
autonomy of local governments.
(2) Any evidence obtained in violation of
SECTION 26. The State shall guarantee this or the preceding section shall be
equal access to opportunities for public inadmissible for any purpose in any
service, and prohibit political dynasties as proceeding.
may be defined by law.
SECTION 4. No law shall be passed
SECTION 27. The State shall maintain abridging the freedom of speech, of
honesty and integrity in the public service expression, or of the press, or the right of the
and take positive and effective measures people peaceably to assemble and petition
against graft and corruption. the government for redress of grievances.

SECTION 28. Subject to reasonable SECTION 5. No law shall be made


conditions prescribed by law, the State respecting an establishment of religion, or
adopts and implements a policy of full prohibiting the free exercise thereof. The
public disclosure of all its transactions free exercise and enjoyment of religious
involving public interest. profession and worship, without
discrimination or preference, shall forever
ARTICLE III be allowed. No religious test shall be
required for the exercise of civil or political
Bill of Rights rights.

SECTION 1. No person shall be deprived of SECTION 6. The liberty of abode and of


life, liberty, or property without due process changing the same within the limits
of law, nor shall any person be denied the prescribed by law shall not be impaired
equal protection of the laws. except upon lawful order of the court.
Neither shall the right to travel be impaired
SECTION 2. The right of the people to be except in the interest of national security,
secure in their persons, houses, papers, and public safety, or public health, as may be
effects against unreasonable searches and provided by law.
seizures of whatever nature and for any
purpose shall be inviolable, and no search SECTION 7. The right of the people to
warrant or warrant of arrest shall issue information on matters of public concern
except upon probable cause to be shall be recognized. Access to official
determined personally by the judge after records, and to documents, and papers
examination under oath or affirmation of the pertaining to official acts, transactions, or
complainant and the witnesses he may decisions, as well as to government research
produce, and particularly describing the data used as basis for policy development,
place to be searched and the persons or shall be afforded the citizen, subject to such
things to be seized. limitations as may be provided by law.
SECTION 8. The right of the people, SECTION 13. All persons, except those
including those employed in the public and charged with offenses punishable by
private sectors, to form unions, associations, reclusion perpetua when evidence of guilt is
or societies for purposes not contrary to law strong, shall, before conviction, be bailable
shall not be abridged. by sufficient sureties, or be released on
recognizance as may be provided by law.
SECTION 9. Private property shall not be The right to bail shall not be impaired even
taken for public use without just when the privilege of the writ of habeas
compensation. corpus is suspended. Excessive bail shall not
be required.
SECTION 10. No law impairing the
obligation of contracts shall be passed. SECTION 14. (1) No person shall be held to
answer for a criminal offense without due
SECTION 11. Free access to the courts and process of law.
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person (2) In all criminal prosecutions, the accused
by reason of poverty. shall be presumed innocent until the
contrary is proved, and shall enjoy the right
SECTION 12. (1) Any person under to be heard by himself and counsel, to be
investigation for the commission of an informed of the nature and cause of the
offense shall have the right to be informed accusation against him, to have a speedy,
of his right to remain silent and to have impartial, and public trial, to meet the
competent and independent counsel witnesses face to face, and to have
preferably of his own choice. If the person compulsory process to secure the attendance
cannot afford the services of counsel, he of witnesses and the production of evidence
must be provided with one. These rights in his behalf. However, after arraignment,
cannot be waived except in writing and in trial may proceed notwithstanding the
the presence of counsel. absence of the accused provided that he has
been duly notified and his failure to appear
(2) No torture, force, violence, threat, is unjustifiable.
intimidation, or any other means which
vitiate the free will shall be used against SECTION 15. The privilege of the writ of
him. Secret detention places, solitary, habeas corpus shall not be suspended except
incommunicado, or other similar forms of in cases of invasion or rebellion when the
detention are prohibited. public safety requires it.

(3) Any confession or admission obtained in SECTION 16. All persons shall have the
violation of this or Section 17 hereof shall right to a speedy disposition of their cases
be inadmissible in evidence against him. before all judicial, quasi-judicial, or
administrative bodies.
(4) The law shall provide for penal and civil
sanctions for violations of this section as SECTION 17. No person shall be compelled
well as compensation to and rehabilitation of to be a witness against himself.
victims of torture or similar practices, and
their families.
SECTION 18. (1) No person shall be (1) Those who are citizens of the Philippines
detained solely by reason of his political at the time of the adoption of this
beliefs and aspirations. Constitution;

(2) No involuntary servitude in any form (2) Those whose fathers or mothers are
shall exist except as a punishment for a citizens of the Philippines;
crime whereof the party shall have been duly
convicted. (3) Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
SECTION 19. (1) Excessive fines shall not citizenship upon reaching the age of
be imposed, nor cruel, degrading or inhuman majority; and
punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling (4) Those who are naturalized in accordance
reasons involving heinous crimes, the with law.
Congress hereafter provides for it. Any
death penalty already imposed shall be SECTION 2. Natural-born citizens are those
reduced to reclusion perpetua. who are citizens of the Philippines from
birth without having to perform any act to
(2) The employment of physical, acquire or perfect their Philippine
psychological, or degrading punishment citizenship. Those who elect Philippine
against any prisoner or detainee or the use of citizenship in accordance with paragraph
substandard or inadequate penal facilities (3), Section 1 hereof shall be deemed
under subhuman conditions shall be dealt natural-born citizens.
with by law.
SECTION 3. Philippine citizenship may be
SECTION 20. No person shall be lost or reacquired in the manner provided by
imprisoned for debt or non-payment of a law.
poll tax.
SECTION 4. Citizens of the Philippines
SECTION 21. No person shall be twice put who marry aliens shall retain their
in jeopardy of punishment for the same citizenship, unless by their act or omission
offense. If an act is punished by a law and an they are deemed, under the law, to have
ordinance, conviction or acquittal under renounced it.
either shall constitute a bar to another
prosecution for the same act. SECTION 5. Dual allegiance of citizens is
inimical to the national interest and shall be
SECTION 22. No ex post facto law or bill of dealt with by law.
attainder shall be enacted.
ARTICLE V
ARTICLE IV
Suffrage
Citizenship
SECTION 1. Suffrage may be exercised by
SECTION 1. The following are citizens of all citizens of the Philippines not otherwise
the Philippines: disqualified by law, who are at least
eighteen years of age, and who shall have
resided in the Philippines for at least one SECTION 4. The term of office of the
year and in the place wherein they propose Senators shall be six years and shall
to vote for at least six months immediately commence, unless otherwise provided by
preceding the election. No literacy, property, law, at noon on the thirtieth day of June next
or other substantive requirement shall be following their election.
imposed on the exercise of suffrage.
No Senator shall serve for more than two
SECTION 2. The Congress shall provide a consecutive terms. Voluntary renunciation
system for securing the secrecy and sanctity of the office for any length of time shall not
of the ballot as well as a system for absentee be considered as an interruption in the
voting by qualified Filipinos abroad. continuity of his service for the full term for
which he was elected.
The Congress shall also design a procedure
for the disabled and the illiterates to vote SECTION 5. (1) The House of
without the assistance of other persons. Until Representatives shall be composed of not
then, they shall be allowed to vote under more than two hundred and fifty members,
existing laws and such rules as the unless otherwise fixed by law, who shall be
Commission on Elections may promulgate elected from legislative districts apportioned
to protect the secrecy of the ballot. among the provinces, cities, and the
Metropolitan Manila area in accordance with
ARTICLE VI the number of their respective inhabitants,
and on the basis of a uniform and
The Legislative Department progressive ratio, and those who, as
provided by law, shall be elected through a
SECTION 1. The legislative power shall be party-list system of registered national,
vested in the Congress of the Philippines regional, and sectoral parties or
which shall consist of a Senate and a House organizations.
of Representatives, except to the extent
reserved to the people by the provision on (2) The party-list representatives shall
initiative and referendum. constitute twenty per centum of the total
number of representatives including those
SECTION 2. The Senate shall be composed under the party list. For three consecutive
of twenty-four Senators who shall be elected terms after the ratification of this
at large by the qualified voters of the Constitution, one-half of the seats allocated
Philippines, as may be provided by law. to party-list representatives shall be filled, as
provided by law, by selection or election
SECTION 3. No person shall be a Senator from the labor, peasant, urban poor,
unless he is a natural-born citizen of the indigenous cultural communities, women,
Philippines, and, on the day of the election, youth, and such other sectors as may be
is at least thirty-five years of age, able to provided by law, except the religious sector.
read and write, a registered voter, and a
resident of the Philippines for not less than (3) Each legislative district shall comprise,
two years immediately preceding the day of as far as practicable, contiguous, compact
the election. and adjacent territory. Each city with a
population of at least two hundred fifty
thousand, or each province, shall have at Representatives thus elected shall serve only
least one representative. for the unexpired term.

(4) Within three years following the return SECTION 10. The salaries of Senators and
of every census, the Congress shall make a Members of the House of Representatives
reapportionment of legislative districts based shall be determined by law. No increase in
on the standards provided in this section. said compensation shall take effect until
after the expiration of the full term of all the
SECTION 6. No person shall be a Member Members of the Senate and the House of
of the House of Representatives unless he is Representatives approving such increase.
a natural-born citizen of the Philippines and,
on the day of the election, is at least twenty- SECTION 11. A Senator or Member of the
five years of age, able to read and write, and, House of Representatives shall, in all
except the party-list representatives, a offenses punishable by not more than six
registered voter in the district in which he years imprisonment, be privileged from
shall be elected, and a resident thereof for a arrest while the Congress is in session. No
period of not less than one year immediately Member shall be questioned nor be held
preceding the day of the election. liable in any other place for any speech or
debate in the Congress or in any committee
SECTION 7. The Members of the House of thereof.
Representatives shall be elected for a term of
three years which shall begin, unless SECTION 12. All Members of the Senate
otherwise provided by law, at noon on the and the House of Representatives shall, upon
thirtieth day of June next following their assumption of office, make a full disclosure
election. of their financial and business interests.
They shall notify the House concerned of a
No member of the House of Representatives potential conflict of interest that may arise
shall serve for more than three consecutive from the filing of a proposed legislation of
terms. Voluntary renunciation of the office which they are authors.
for any length of time shall not be
considered as an interruption in the SECTION 13. No Senator or Member of the
continuity of his service for the full term for House of Representatives may hold any
which he was elected. other office or employment in the
Government, or any subdivision, agency, or
SECTION 8. Unless otherwise provided by instrumentality thereof, including
law, the regular election of the Senators and government-owned or controlled
the Members of the House of corporations or their subsidiaries, during his
Representatives shall be held on the second term without forfeiting his seat. Neither shall
Monday of May. he be appointed to any office which may
have been created or the emoluments thereof
SECTION 9. In case of vacancy in the increased during the term for which he was
Senate or in the House of Representatives, a elected.
special election may be called to fill such
vacancy in the manner prescribed by law, SECTION 14. No Senator or Member of the
but the Senator or Member of the House of House of Representatives may personally
appear as counsel before any court of justice
or before the Electoral Tribunals, or quasi- penalty of suspension, when imposed, shall
judicial and other administrative bodies. not exceed sixty days.
Neither shall he, directly or indirectly, be
interested financially in any contract with, or (4) Each House shall keep a Journal of its
in any franchise or special privilege granted proceedings, and from time to time publish
by the Government, or any subdivision, the same, excepting such parts as may, in its
agency, or instrumentality thereof, including judgment, affect national security; and the
any government-owned or controlled yeas and nays on any question shall, at the
corporation, or its subsidiary, during his request of one-fifth of the Members present,
term of office. He shall not intervene in any be entered in the Journal.
matter before any office of the Government
for his pecuniary benefit or where he may be Each House shall also keep a Record of its
called upon to act on account of his office. proceedings.

SECTION 15. The Congress shall convene (5) Neither House during the sessions of the
once every year on the fourth Monday of Congress shall, without the consent of the
July for its regular session, unless a different other, adjourn for more than three days, nor
date is fixed by law, and shall continue to be to any other place than that in which the two
in session for such number of days as it may Houses shall be sitting.
determine until thirty days before the
opening of its next regular session, exclusive SECTION 17. The Senate and the House of
of Saturdays, Sundays, and legal holidays. Representatives shall each have an Electoral
The President may call a special session at Tribunal which shall be the sole judge of all
any time. contests relating to the election, returns, and
qualifications of their respective Members.
SECTION 16. (1) The Senate shall elect its Each Electoral Tribunal shall be composed
President and the House of Representatives of nine Members, three of whom shall be
its Speaker, by a majority vote of all its Justices of the Supreme Court to be
respective Members. designated by the Chief Justice, and the
remaining six shall be Members of the
Each House shall choose such other officers Senate or the House of Representatives, as
as it may deem necessary. the case may be, who shall be chosen on the
basis of proportional representation from the
(2) A majority of each House shall constitute political parties and the parties or
a quorum to do business, but a smaller organizations registered under the party-list
number may adjourn from day to day and system represented therein. The senior
may compel the attendance of absent Justice in the Electoral Tribunal shall be its
Members in such manner, and under such Chairman.
penalties, as such House may provide.
SECTION 18. There shall be a Commission
(3) Each House may determine the rules of on Appointments consisting of the President
its proceedings, punish its Members for of the Senate, as ex officio Chairman, twelve
disorderly behavior, and, with the Senators and twelve Members of the House
concurrence of two-thirds of all its of Representatives, elected by each House
Members, suspend or expel a Member. A on the basis of proportional representation
from the political parties and parties or
organizations registered under the party-list at least three days before their scheduled
system represented therein. The Chairman of appearance. Interpellations shall not be
the Commission shall not vote, except in limited to written questions, but may cover
case of a tie. The Commission shall act on matters related thereto. When the security of
all appointments submitted to it within thirty the State or the public interest so requires
session days of the Congress from their and the President so states in writing, the
submission. The Commission shall rule by a appearance shall be conducted in executive
majority vote of all the Members. session.

SECTION 19. The Electoral Tribunals and SECTION 23. (1) The Congress, by a vote
the Commission on Appointments shall be of two-thirds of both Houses in joint session
constituted within thirty days after the assembled, voting separately, shall have the
Senate and the House of Representatives sole power to declare the existence of a state
shall have been organized with the election of war.
of the President and the Speaker. The
Commission on Appointments shall meet (2) In times of war or other national
only while the Congress is in session, at the emergency, the Congress may, by law,
call of its Chairman or a majority of all its authorize the President, for a limited period
Members, to discharge such powers and and subject to such restrictions as it may
functions as are herein conferred upon it. prescribe, to exercise powers necessary and
proper to carry out a declared national
SECTION 20. The records and books of policy. Unless sooner withdrawn by
accounts of the Congress shall be preserved resolution of the Congress, such powers
and be open to the public in accordance with shall cease upon the next adjournment
law, and such books shall be audited by the thereof.
Commission on Audit which shall publish
annually an itemized list of amounts paid to SECTION 24. All appropriation, revenue or
and expenses incurred for each Member. tariff bills, bills authorizing increase of the
public debt, bills of local application, and
SECTION 21. The Senate or the House of private bills shall originate exclusively in the
Representatives or any of its respective House of Representatives, but the Senate
committees may conduct inquiries in aid of may propose or concur with amendments.
legislation in accordance with its duly
published rules of procedure. The rights of SECTION 25. (1) The Congress may not
persons appearing in or affected by such increase the appropriations recommended by
inquiries shall be respected. the President for the operation of the
Government as specified in the budget. The
SECTION 22. The heads of departments form, content, and manner of preparation of
may upon their own initiative, with the the budget shall be prescribed by law.
consent of the President, or upon the request
of either House, as the rules of each House (2) No provision or enactment shall be
shall provide, appear before and be heard by embraced in the general appropriations bill
such House on any matter pertaining to their unless it relates specifically to some
departments. Written questions shall be particular appropriation therein. Any such
submitted to the President of the Senate or provision or enactment shall be limited in its
the Speaker of the House of Representatives
operation to the appropriation to which it (2) No bill passed by either House shall
relates. become a law unless it has passed three
readings on separate days, and printed
(3) The procedure in approving copies thereof in its final form have been
appropriations for the Congress shall strictly distributed to its Members three days before
follow the procedure for approving its passage, except when the President
appropriations for other departments and certifies to the necessity of its immediate
agencies. enactment to meet a public calamity or
emergency. Upon the last reading of a bill,
(4) A special appropriations bill shall no amendment thereto shall be allowed, and
specify the purpose for which it is intended, the vote thereon shall be taken immediately
and shall be supported by funds actually thereafter, and the yeas and nays entered in
available as certified by the National the Journal.
Treasurer, or to be raised by a corresponding
revenue proposed therein. SECTION 27. (1) Every bill passed by the
Congress shall, before it becomes a law, be
(5) No law shall be passed authorizing any presented to the President. If he approves the
transfer of appropriations; however, the same, he shall sign it; otherwise, he shall
President, the President of the Senate, the veto it and return the same with his
Speaker of the House of Representatives, the objections to the House where it originated,
Chief Justice of the Supreme Court, and the which shall enter the objections at large in
heads of Constitutional Commissions may, its Journal and proceed to reconsider it. If,
by law, be authorized to augment any item after such reconsideration, two-thirds of all
in the general appropriations law for their the Members of such House shall agree to
respective offices from savings in other pass the bill, it shall be sent, together with
items of their respective appropriations. the objections, to the other House by which
it shall likewise be reconsidered, and if
(6) Discretionary funds appropriated for approved by two-thirds of all the Members
particular officials shall be disbursed only of that House, it shall become a law. In all
for public purposes to be supported by such cases, the votes of each House shall be
appropriate vouchers and subject to such determined by yeas or nays, and the names
guidelines as may be prescribed by law. of the Members voting for or against shall
be entered in its Journal. The President shall
(7) If, by the end of any fiscal year, the communicate his veto of any bill to the
Congress shall have failed to pass the House where it originated within thirty days
general appropriations bill for the ensuing after the date of receipt thereof; otherwise, it
fiscal year, the general appropriations law shall become a law as if he had signed it.
for the preceding fiscal year shall be deemed
reenacted and shall remain in force and (2) The President shall have the power to
effect until the general appropriations bill is veto any particular item or items in an
passed by the Congress. appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to
SECTION 26. (1) Every bill passed by the which he does not object.
Congress shall embrace only one subject
which shall be expressed in the title thereof. SECTION 28. (1) The rule of taxation shall
be uniform and equitable. The Congress
shall evolve a progressive system of the balance, if any, shall be transferred to the
taxation. general funds of the Government.

(2) The Congress may, by law, authorize the SECTION 30. No law shall be passed
President to fix within specified limits, and increasing the appellate jurisdiction of the
subject to such limitations and restrictions as Supreme Court as provided in this
it may impose, tariff rates, import and export Constitution without its advice and
quotas, tonnage and wharfage dues, and concurrence.
other duties or imposts within the
framework of the national development SECTION 31. No law granting a title of
program of the Government. royalty or nobility shall be enacted.

(3) Charitable institutions, churches and SECTION 32. The Congress shall, as early
parsonages or convents appurtenant thereto, as possible, provide for a system of initiative
mosques, non-profit cemeteries, and all and referendum, and the exceptions
lands, buildings, and improvements, therefrom, whereby the people can directly
actually, directly, and exclusively used for propose and enact laws or approve or reject
religious, charitable, or educational purposes any act or law or part thereof passed by the
shall be exempt from taxation. Congress or local legislative body after the
registration of a petition therefor signed by
(4) No law granting any tax exemption shall at least ten per centum of the total number of
be passed without the concurrence of a registered voters, of which every legislative
majority of all the Members of the Congress. district must be represented by at least three
per centum of the registered voters thereof.
SECTION 29. (1) No money shall be paid
out of the Treasury except in pursuance of ARTICLE VII
an appropriation made by law.
Executive Department
(2) No public money or property shall be
appropriated, applied, paid, or employed, SECTION 1. The executive power shall be
directly or indirectly, for the use, benefit, or vested in the President of the Philippines.
support of any sect, church, denomination,
sectarian institution, or system of religion, or SECTION 2. No person may be elected
of any priest, preacher, minister, or other President unless he is a natural-born citizen
religious teacher, or dignitary as such, of the Philippines, a registered voter, able to
except when such priest, preacher, minister, read and write, at least forty years of age on
or dignitary is assigned to the armed forces, the day of the election, and a resident of the
or to any penal institution, or government Philippines for at least ten years
orphanage or leprosarium. immediately preceding such election.

(3) All money collected on any tax levied SECTION 3. There shall be a Vice-President
for a special purpose shall be treated as a who shall have the same qualifications and
special fund and paid out for such purpose term of office and be elected with and in the
only. If the purpose for which a special fund same manner as the President. He may be
was created has been fulfilled or abandoned, removed from office in the same manner as
the President.
The Vice-President may be appointed as a case two or more shall have an equal and
Member of the Cabinet. Such appointment highest number of votes, one of them shall
requires no confirmation. forthwith be chosen by the vote of a
majority of all the Members of both Houses
SECTION 4. The President and the Vice- of the Congress, voting separately.
President shall be elected by direct vote of
the people for a term of six years which shall The Congress shall promulgate its rules for
begin at noon on the thirtieth day of June the canvassing of the certificates.
next following the day of the election and
shall end at noon of the same date six years The Supreme Court, sitting en banc, shall be
thereafter. The President shall not be eligible the sole judge of all contests relating to the
for any reelection. No person who has election, returns, and qualifications of the
succeeded as President and has served as President or Vice- President, and may
such for more than four years shall be promulgate its rules for the purpose.
qualified for election to the same office at
any time. SECTION 5. Before they enter on the
execution of their office, the President, the
No Vice-President shall serve for more than Vice-President, or the Acting President shall
two consecutive terms. Voluntary take the following oath or affirmation:
renunciation of the office for any length of
time shall not be considered as an “I do solemnly swear (or affirm) that I will
interruption in the continuity of the service faithfully and conscientiously fulfill my
for the full term for which he was elected. duties as President (or Vice-President or
Acting President) of the Philippines,
Unless otherwise provided by law, the preserve and defend its Constitution, execute
regular election for President and Vice- its laws, do justice to every man, and
President shall be held on the second consecrate myself to the service of the
Monday of May. Nation. So help me God.” (In case of
affirmation, last sentence will be omitted.)
The returns of every election for President
and Vice-President, duly certified by the SECTION 6. The President shall have an
board of canvassers of each province or city, official residence. The salaries of the
shall be transmitted to the Congress, directed President and Vice-President shall be
to the President of the Senate. Upon receipt determined by law and shall not be
of the certificates of canvass, the President decreased during their tenure. No increase in
of the Senate shall, not later than thirty days said compensation shall take effect until
after the day of the election, open all after the expiration of the term of the
certificates in the presence of the Senate and incumbent during which such increase was
the House of Representatives in joint public approved. They shall not receive during their
session, and the Congress, upon tenure any other emolument from the
determination of the authenticity and due Government or any other source.
execution thereof in the manner provided by
law, canvass the votes. SECTION 7. The President-elect and the
Vice-President-elect shall assume office at
The person having the highest number of the beginning of their terms.
votes shall be proclaimed elected, but in
If the President-elect fails to qualify, the The Congress shall, by law, provide who
Vice-President-elect shall act as President shall serve as President in case of death,
until the President-elect shall have qualified. permanent disability, or resignation of the
Acting President. He shall serve until the
If a President shall not have been chosen, the President or the Vice-President shall have
Vice-President-elect shall act as President been elected and qualified, and be subject to
until a President shall have been chosen and the same restrictions of powers and
qualified. disqualifications as the Acting President.

If at the beginning of the term of the SECTION 9. Whenever there is a vacancy in


President, the President-elect shall have died the Office of the Vice-President during the
or shall have become permanently disabled, term for which he was elected, the President
the Vice-President-elect shall become shall nominate a Vice-President from among
President. the Members of the Senate and the House of
Representatives who shall assume office
Where no President and Vice-President shall upon confirmation by a majority vote of all
have been chosen or shall have qualified, or the Members of both Houses of the
where both shall have died or become Congress, voting separately.
permanently disabled, the President of the
Senate or, in case of his inability, the SECTION 10. The Congress shall, at ten
Speaker of the House of Representatives o’clock in the morning of the third day after
shall act as President until a President or a the vacancy in the offices of the President
Vice-President shall have been chosen and and Vice-President occurs, convene in
qualified. accordance with its rules without need of a
call and within seven days enact a law
The Congress shall, by law, provide for the calling for a special election to elect a
manner in which one who is to act as President and a Vice-President to be held not
President shall be selected until a President earlier than forty-five days nor later than
or a Vice-President shall have qualified, in sixty days from the time of such call. The
case of death, permanent disability, or bill calling such special election shall be
inability of the officials mentioned in the deemed certified under paragraph 2, Section
next preceding paragraph. 26, Article VI of this Constitution and shall
become law upon its approval on third
SECTION 8. In case of death, permanent reading by the Congress. Appropriations for
disability, removal from office, or the special election shall be charged against
resignation of the President, the Vice- any current appropriations and shall be
President shall become the President to exempt from the requirements of paragraph
serve the unexpired term. In case of death, 4, Section 25, Article VI of this
permanent disability, removal from office, Constitution. The convening of the Congress
or resignation of both the President and cannot be suspended nor the special election
Vice-President, the President of the Senate postponed. No special election shall be
or, in case of his inability, the Speaker of the called if the vacancy occurs within eighteen
House of Representatives, shall then act as months before the date of the next
President until the President or Vice- presidential election.
President shall have been elected and
qualified.
SECTION 11. Whenever the President President; otherwise, the President shall
transmits to the President of the Senate and continue exercising the powers and duties of
the Speaker of the House of Representatives his office.
his written declaration that he is unable to
discharge the powers and duties of his SECTION 12. In case of serious illness of
office, and until he transmits to them a the President, the public shall be informed of
written declaration to the contrary, such the state of his health. The Members of the
powers and duties shall be discharged by the Cabinet in charge of national security and
Vice-President as Acting President. foreign relations and the Chief of Staff of
the Armed Forces of the Philippines, shall
Whenever a majority of all the Members of not be denied access to the President during
the Cabinet transmit to the President of the such illness.
Senate and to the Speaker of the House of
Representatives their written declaration that SECTION 13. The President, Vice-
the President is unable to discharge the President, the Members of the Cabinet, and
powers and duties of his office, the Vice- their deputies or assistants shall not, unless
President shall immediately assume the otherwise provided in this Constitution, hold
powers and duties of the office as Acting any other office or employment during their
President. tenure. They shall not, during said tenure,
directly or indirectly, practice any other
Thereafter, when the President transmits to profession, participate in any business, or be
the President of the Senate and to the financially interested in any contract with, or
Speaker of the House of Representatives his in any franchise, or special privilege granted
written declaration that no inability exists, by the Government or any subdivision,
he shall reassume the powers and duties of agency, or instrumentality thereof, including
his office. Meanwhile, should a majority of government-owned or controlled
all the Members of the Cabinet transmit corporations or their subsidiaries. They shall
within five days to the President of the strictly avoid conflict of interest in the
Senate and to the Speaker of the House of conduct of their office.
Representatives their written declaration that
the President is unable to discharge the The spouse and relatives by consanguinity
powers and duties of his office, the Congress or affinity within the fourth civil degree of
shall decide the issue. For that purpose, the the President shall not during his tenure be
Congress shall convene, if it is not in appointed as members of the Constitutional
session, within forty-eight hours, in Commissions, or the Office of the
accordance with its rules and without need Ombudsman, or as Secretaries,
of call. Undersecretaries, chairmen or heads of
bureaus or offices, including government-
If the Congress, within ten days after receipt owned or controlled corporations and their
of the last written declaration, or, if not in subsidiaries.
session, within twelve days after it is
required to assemble, determines by a two- SECTION 14. Appointments extended by an
thirds vote of both Houses, voting Acting President shall remain effective,
separately, that the President is unable to unless revoked by the elected President
discharge the powers and duties of his within ninety days from his assumption or
office, the Vice-President shall act as the reassumption of office.
SECTION 15. Two months immediately invasion or rebellion, when the public safety
before the next presidential elections and up requires it, he may, for a period not
to the end of his term, a President or Acting exceeding sixty days, suspend the privilege
President shall not make appointments, of the writ of habeas corpus or place the
except temporary appointments to executive Philippines or any part thereof under martial
positions when continued vacancies therein law. Within forty-eight hours from the
will prejudice public service or endanger proclamation of martial law or the
public safety. suspension of the privilege of the writ of
habeas corpus, the President shall submit a
SECTION 16. The President shall nominate report in person or in writing to the
and, with the consent of the Commission on Congress. The Congress, voting jointly, by a
Appointments, appoint the heads of the vote of at least a majority of all its Members
executive departments, ambassadors, other in regular or special session, may revoke
public ministers and consuls, or officers of such proclamation or suspension, which
the armed forces from the rank of colonel or revocation shall not be set aside by the
naval captain, and other officers whose President. Upon the initiative of the
appointments are vested in him in this President, the Congress may, in the same
Constitution. He shall also appoint all other manner, extend such proclamation or
officers of the Government whose suspension for a period to be determined by
appointments are not otherwise provided for the Congress, if the invasion or rebellion
by law, and those whom he may be shall persist and public safety requires it.
authorized by law to appoint. The Congress
may, by law, vest the appointment of other The Congress, if not in session, shall, within
officers lower in rank in the President alone, twenty-four hours following such
in the courts, or in the heads of departments, proclamation or suspension, convene in
agencies, commissions, or boards. accordance with its rules without any need
of a call.
The President shall have the power to make
appointments during the recess of the The Supreme Court may review, in an
Congress, whether voluntary or compulsory, appropriate proceeding filed by any citizen,
but such appointments shall be effective the sufficiency of the factual basis of the
only until after disapproval by the proclamation of martial law or the
Commission on Appointments or until the suspension of the privilege of the writ or the
next adjournment of the Congress. extension thereof, and must promulgate its
decision thereon within thirty days from its
SECTION 17. The President shall have filing.
control of all the executive departments,
bureaus, and offices. He shall ensure that the A state of martial law does not suspend the
laws be faithfully executed. operation of the Constitution, nor supplant
the functioning of the civil courts or
SECTION 18. The President shall be the legislative assemblies, nor authorize the
Commander-in-Chief of all armed forces of conferment of jurisdiction on military courts
the Philippines and whenever it becomes and agencies over civilians where civil
necessary, he may call out such armed courts are able to function, nor automatically
forces to prevent or suppress lawless suspend the privilege of the writ.
violence, invasion or rebellion. In case of
The suspension of the privilege of the writ budget of expenditures and sources of
shall apply only to persons judicially financing, including receipts from existing
charged for rebellion or offenses inherent in and proposed revenue measures.
or directly connected with the invasion.
SECTION 23. The President shall address
During the suspension of the privilege of the the Congress at the opening of its regular
writ, any person thus arrested or detained session. He may also appear before it at any
shall be judicially charged within three days, other time.
otherwise he shall be released.
ARTICLE VIII
SECTION 19. Except in cases of
impeachment, or as otherwise provided in Judicial Department
this Constitution, the President may grant
reprieves, commutations and pardons, and SECTION 1. The judicial power shall be
remit fines and forfeitures, after conviction vested in one Supreme Court and in such
by final judgment. lower courts as may be established by law.

He shall also have the power to grant Judicial power includes the duty of the
amnesty with the concurrence of a majority courts of justice to settle actual controversies
of all the Members of the Congress. involving rights which are legally
demandable and enforceable, and to
SECTION 20. The President may contract or determine whether or not there has been a
guarantee foreign loans on behalf of the grave abuse of discretion amounting to lack
Republic of the Philippines with the prior or excess of jurisdiction on the part of any
concurrence of the Monetary Board, and branch or instrumentality of the
subject to such limitations as may be Government.
provided by law. The Monetary Board shall,
within thirty days from the end of every SECTION 2. The Congress shall have the
quarter of the calendar year, submit to the power to define, prescribe, and apportion the
Congress a complete report of its decisions jurisdiction of various courts but may not
on applications for loans to be contracted or deprive the Supreme Court of its jurisdiction
guaranteed by the Government or over cases enumerated in Section 5 hereof.
government-owned and controlled
corporations which would have the effect of No law shall be passed reorganizing the
increasing the foreign debt, and containing Judiciary when it undermines the security of
other matters as may be provided by law. tenure of its Members.

SECTION 21. No treaty or international SECTION 3. The Judiciary shall enjoy fiscal
agreement shall be valid and effective unless autonomy. Appropriations for the Judiciary
concurred in by at least two-thirds of all the may not be reduced by the legislature below
Members of the Senate. the amount appropriated for the previous
year and, after approval, shall be
SECTION 22. The President shall submit to automatically and regularly released.
the Congress within thirty days from the
opening of every regular session, as the SECTION 4. (1) The Supreme Court shall
basis of the general appropriations bill, a be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in the Rules of Court may provide, final
its discretion, in divisions of three, five, or judgments and orders of lower courts in:
seven Members. Any vacancy shall be filled
within ninety days from the occurrence (a) All cases in which the constitutionality or
thereof. validity of any treaty, international or
executive agreement, law, presidential
(2) All cases involving the constitutionality decree, proclamation, order, instruction,
of a treaty, international or executive ordinance, or regulation is in question.
agreement, or law, which shall be heard by
the Supreme Court en banc, and all other (b) All cases involving the legality of any
cases which under the Rules of Court are tax, impost, assessment, or toll, or any
required to be heard en banc, including those penalty imposed in relation thereto.
involving the constitutionality, application,
or operation of presidential decrees, (c) All cases in which the jurisdiction of any
proclamations, orders, instructions, lower court is in issue.
ordinances, and other regulations, shall be
decided with the concurrence of a majority (d) All criminal cases in which the penalty
of the Members who actually took part in imposed is reclusion perpetua or higher.
the deliberations on the issues in the case
and voted thereon. (e) All cases in which only an error or
question of law is involved.
(3) Cases or matters heard by a division
shall be decided or resolved with the (3) Assign temporarily judges of lower
concurrence of a majority of the Members courts to other stations as public interest
who actually took part in the deliberations may require. Such temporary assignment
on the issues in the case and voted thereon, shall not exceed six months without the
and in no case, without the concurrence of at consent of the judge concerned.
least three of such Members. When the
required number is not obtained, the case (4) Order a change of venue or place of trial
shall be decided en banc: Provided, that no to avoid a miscarriage of justice.
doctrine or principle of law laid down by the
court in a decision rendered en banc or in (5) Promulgate rules concerning the
division may be modified or reversed except protection and enforcement of constitutional
by the court sitting en banc. rights, pleading, practice, and procedure in
all courts, the admission to the practice of
SECTION 5. The Supreme Court shall have law, the Integrated Bar, and legal assistance
the following powers: to the underprivileged. Such rules shall
provide a simplified and inexpensive
(1) Exercise original jurisdiction over cases procedure for the speedy disposition of
affecting ambassadors, other public cases, shall be uniform for all courts of the
ministers and consuls, and over petitions for same grade, and shall not diminish, increase,
certiorari, prohibition, mandamus, quo or modify substantive rights. Rules of
warranto, and habeas corpus. procedure of special courts and quasi-
judicial bodies shall remain effective unless
(2) Review, revise, reverse, modify, or disapproved by the Supreme Court.
affirm on appeal or certiorari, as the law or
(6) Appoint all officials and employees of the retired Justice for two years, and the
the Judiciary in accordance with the Civil representative of the private sector for one
Service Law. year.

SECTION 6. The Supreme Court shall have (3) The Clerk of the Supreme Court shall be
administrative supervision over all courts the Secretary ex officio of the Council and
and the personnel thereof. shall keep a record of its proceedings.

SECTION 7. (1) No person shall be (4) The regular Members of the Council
appointed Member of the Supreme Court or shall receive such emoluments as may be
any lower collegiate court unless he is a determined by the Supreme Court. The
natural-born citizen of the Philippines. A Supreme Court shall provide in its annual
Member of the Supreme Court must be at budget the appropriations for the Council.
least forty years of age, and must have been
for fifteen years or more a judge of a lower (5) The Council shall have the principal
court or engaged in the practice of law in the function of recommending appointees to the
Philippines. Judiciary. It may exercise such other
functions and duties as the Supreme Court
(2) The Congress shall prescribe the may assign to it.
qualifications of judges of lower courts, but
no person may be appointed judge thereof SECTION 9. The Members of the Supreme
unless he is a citizen of the Philippines and a Court and judges of lower courts shall be
member of the Philippine Bar. appointed by the President from a list of at
least three nominees prepared by the Judicial
(3) A Member of the Judiciary must be a and Bar Council for every vacancy. Such
person of proven competence, integrity, appointments need no confirmation.
probity, and independence.
For the lower courts, the President shall
SECTION 8. (1) A Judicial and Bar Council issue the appointments within ninety days
is hereby created under the supervision of from the submission of the list.
the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary SECTION 10. The salary of the Chief
of Justice, and a representative of the Justice and of the Associate Justices of the
Congress as ex officio Members, a Supreme Court, and of judges of lower
representative of the Integrated Bar, a courts shall be fixed by law. During their
professor of law, a retired Member of the continuance in office, their salary shall not
Supreme Court, and a representative of the be decreased.
private sector.
SECTION 11. The Members of the Supreme
(2) The regular Members of the Council Court and judges of lower courts shall hold
shall be appointed by the President for a office during good behavior until they
term of four years with the consent of the reached the age of seventy years or become
Commission on Appointments. Of the incapacitated to discharge the duties of their
Members first appointed, the representative office. The Supreme Court en banc shall
of the Integrated Bar shall serve for four have the power to discipline judges of lower
years, the professor of law for three years, courts, or order their dismissal by a vote of a
majority of the Members who actually took filing of the last pending, brief, or
part in the deliberations on the issues in the memorandum required by the Rules of Court
case and voted thereon. or by the court itself.

SECTION 12. The Members of the Supreme (3) Upon the expiration of the corresponding
Court and of other courts established by law period, a certification to this effect signed by
shall not be designated to any agency the Chief Justice or the presiding judge shall
performing quasi-judicial or administrative forthwith be issued and a copy thereof
functions. attached to the record of the case or matter,
and served upon the parties. The
SECTION 13. The conclusions of the certification shall state why a decision or
Supreme Court in any case submitted to it resolution has not been rendered or issued
for decision en banc or in division shall be within said period.
reached in consultation before the case is
assigned to a Member for the writing of the (4) Despite the expiration of the applicable
opinion of the Court. A certification to this mandatory period, the court, without
effect signed by the Chief Justice shall be prejudice to such responsibility as may have
issued and a copy thereof attached to the been incurred in consequence thereof, shall
record of the case and served upon the decide or resolve the case or matter
parties. Any Member who took no part, or submitted thereto for determination, without
dissented, or abstained from a decision or further delay.
resolution must state the reason therefor.
The same requirements shall be observed by SECTION 16. The Supreme Court shall,
all lower collegiate courts. within thirty days from the opening of each
regular session of the Congress, submit to
SECTION 14. No decision shall be rendered the President and the Congress an annual
by any court without expressing therein report on the operations and activities of the
clearly and distinctly the facts and the law Judiciary.
on which it is based.
ARTICLE IX
No petition for review or motion for
reconsideration of a decision of the court Constitutional Commissions
shall be refused due course or denied
without stating the legal basis therefor. A. Common Provisions

SECTION 15. (1) All cases or matters filed SECTION 1. The Constitutional
after the effectivity of this Constitution must Commissions, which shall be independent,
be decided or resolved within twenty-four are the Civil Service Commission, the
months from date of submission for the Commission on Elections, and the
Supreme Court, and, unless reduced by the Commission on Audit.
Supreme Court, twelve months for all lower
collegiate courts, and three months for all SECTION 2. No Member of a
other lower courts. Constitutional Commission shall, during his
tenure, hold any other office or employment.
(2) A case or matter shall be deemed Neither shall he engage in the practice of
submitted for decision or resolution upon the any profession or in the active management
or control of any business which in any way SECTION 8. Each Commission shall
be affected by the functions of his office, nor perform such other functions as may be
shall he be financially interested, directly or provided by law.
indirectly, in any contract with, or in any
franchise or privilege granted by the B. The Civil Service Commission
Government, any of its subdivisions,
agencies, or instrumentalities, including SECTION 1. (1) The Civil Service shall be
government-owned or controlled administered by the Civil Service
corporations or their subsidiaries. Commission composed of a Chairman and
two Commissioners who shall be natural-
SECTION 3. The salary of the Chairman born citizens of the Philippines and, at the
and the Commissioners shall be fixed by law time of their appointment, at least thirty-five
and shall not be decreased during their years of age, with proven capacity for public
tenure. administration, and must not have been
candidates for any elective position in the
SECTION 4. The Constitutional elections immediately preceding their
Commissions shall appoint their officials appointment.
and employees in accordance with law.
(2) The Chairman and the Commissioners
SECTION 5. The Commission shall enjoy shall be appointed by the President with the
fiscal autonomy. Their approved annual consent of the Commission on
appropriations shall be automatically and Appointments for a term of seven years
regularly released. without reappointment. Of those first
appointed, the Chairman shall hold office for
SECTION 6. Each Commission en banc seven years, a Commissioner for five years,
may promulgate its own rules concerning and another Commissioner for three years,
pleadings and practice before it or before without reappointment. Appointment to any
any of its offices. Such rules however shall vacancy shall be only for the unexpired term
not diminish, increase, or modify substantive of the predecessor. In no case shall any
rights. Member be appointed or designated in a
temporary or acting capacity.
SECTION 7. Each Commission shall decide
by a majority vote of all its Members any SECTION 2. (1) The civil service embraces
case or matter brought before it within sixty all branches, subdivisions, instrumentalities,
days from the date of its submission for and agencies of the Government, including
decision or resolution. A case or matter is government-owned or controlled
deemed submitted for decision or resolution corporations with original charters.
upon the filing of the last pleading, brief, or
memorandum required by the rules of the (2) Appointments in the civil service shall be
Commission or by the Commission itself. made only according to merit and fitness to
Unless otherwise provided by this be determined, as far as practicable, and,
Constitution or by law, any decision, order, except to positions which are policy-
or ruling of each Commission may be determining, primarily confidential, or
brought to the Supreme Court on certiorari highly technical, by competitive
by the aggrieved party within thirty days examination.
from receipt of a copy thereof.
(3) No officer or employee of the civil election, be appointed to any office in the
service shall be removed or suspended Government or any government-owned or
except for cause provided by law. controlled corporations or in any of their
subsidiaries.
(4) No officer or employee in the civil
service shall engage, directly or indirectly, SECTION 7. No elective official shall be
in any electioneering or partisan political eligible for appointment or designation in
campaign. any capacity to any public office or position
during his tenure.
(5) The right to self-organization shall not be
denied to government employees. Unless otherwise allowed by law or by the
primary functions of his position, no
(6) Temporary employees of the appointive official shall hold any other
Government shall be given such protection office or employment in the Government or
as may be provided by law. any subdivision, agency or instrumentality
thereof, including government-owned or
SECTION 3. The Civil Service controlled corporations or their subsidiaries.
Commission, as the central personnel
agency of the Government, shall establish a SECTION 8. No elective or appointive
career service and adopt measures to public officer or employee shall receive
promote morale, efficiency, integrity, additional, double, or indirect compensation,
responsiveness, progressiveness, and unless specifically authorized by law, nor
courtesy in the civil service. It shall accept without the consent of the Congress,
strengthen the merit and rewards system, any present, emolument, office, or title of
integrate all human resources development any kind from any foreign government.
programs for all levels and ranks, and
institutionalize a management climate Pensions or gratuities shall not be
conducive to public accountability. It shall considered as additional, double, or indirect
submit to the President and the Congress an compensation.
annual report on its personnel programs.
C. The Commission on Elections
SECTION 4. All public officers and
employees shall take an oath or affirmation SECTION 1. (1) There shall be a
to uphold and defend this Constitution. Commission on Elections composed of a
Chairman and six Commissioners who shall
SECTION 5. The Congress shall provide for be natural-born citizens of the Philippines
the standardization of compensation of and, at the time of their appointment, at least
government officials and employees, thirty-five years of age, holders of a college
including those in government-owned or degree, and must not have been candidates
controlled corporations with original for any elective position in the immediately
charters, taking into account the nature of preceding elections. However, a majority
the responsibilities pertaining to, and the thereof, including the Chairman, shall be
qualifications required for their positions. Members of the Philippine Bar who have
been engaged in the practice of law for at
SECTION 6. No candidate who has lost in least ten years.
any election shall, within one year after such
(2) The Chairman and the Commissioners (4) Deputize, with the concurrence of the
shall be appointed by the President with the President, law enforcement agencies and
consent of the Commission on instrumentalities of the Government,
Appointments for a term of seven years including the Armed Forces of the
without reappointment. Of those first Philippines, for the exclusive purpose of
appointed, three Members shall hold office ensuring free, orderly, honest, peaceful, and
for seven years, two Members for five years, credible elections.
and the last Members for three years,
without reappointment. Appointment to any (5) Register, after sufficient publication,
vacancy shall be only for the unexpired term political parties, organizations, or coalitions
of the predecessor. In no case shall any which, in addition to other requirements,
Member be appointed or designated in a must present their platform or program of
temporary or acting capacity. government; and accredit citizens’ arms of
the Commission on Elections. Religious
SECTION 2. The Commission on Elections denominations and sects shall not be
shall exercise the following powers and registered. Those which seek to achieve their
functions: goals through violence or unlawful means,
or refuse to uphold and adhere to this
(1) Enforce and administer all laws and Constitution, or which are supported by any
regulations relative to the conduct of an foreign government shall likewise be refused
election, plebiscite, initiative, referendum, registration.
and recall.
Financial contributions from foreign
(2) Exercise exclusive original jurisdiction governments and their agencies to political
over all contests relating to the elections, parties, organizations, coalitions, or
returns, and qualifications of all elective candidates related to elections constitute
regional, provincial, and city officials, and interference in national affairs, and, when
appellate jurisdiction over all contests accepted, shall be an additional ground for
involving elective municipal officials the cancellation of their registration with the
decided by trial courts of general Commission, in addition to other penalties
jurisdiction, or involving elective barangay that may be prescribed by law.
officials decided by trial courts of limited
jurisdiction. (6) File, upon a verified complaint, or on its
own initiative, petitions in court for
Decisions, final orders, or rulings of the inclusion or exclusion of voters; investigate
Commission on election contests involving and, where appropriate, prosecute cases of
elective municipal and barangay offices violations of election laws, including acts or
shall be final, executory, and not appealable. omissions constituting election frauds,
offenses, and malpractices.
(3) Decide, except those involving the right
to vote, all questions affecting elections, (7) Recommend to the Congress effective
including determination of the number and measures to minimize election spending,
location of polling places, appointment of including limitation of places where
election officials and inspectors, and propaganda materials shall be posted, and to
registration of voters. prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisance SECTION 5. No pardon, amnesty, parole, or
candidacies. suspension of sentence for violation of
election laws, rules, and regulations shall be
(8) Recommend to the President the removal granted by the President without the
of any officer or employee it has deputized, favorable recommendation of the
or the imposition of any other disciplinary Commission.
action, for violation or disregard of, or
disobedience to its directive, order, or SECTION 6. A free and open party system
decision. shall be allowed to evolve according to the
free choice of the people, subject to the
(9) Submit to the President and the Congress provisions of this Article.
a comprehensive report on the conduct of
each election, plebiscite, initiative, SECTION 7. No votes cast in favor of a
referendum, or recall. political party, organization, or coalition
shall be valid, except for those registered
SECTION 3. The Commission on Elections under the party-list system as provided in
may sit en banc or in two divisions, and this Constitution.
shall promulgate its rules of procedure in
order to expedite disposition of election SECTION 8. Political parties, or
cases, including pre-proclamation organizations or coalitions registered under
controversies. All such election cases shall the party-list system, shall not be
be heard and decided in division, provided represented in the voters’ registration
that motions for reconsideration of decisions boards, boards of election inspectors, boards
shall be decided by the Commission en of canvassers, or other similar bodies.
banc. However, they shall be entitled to appoint
poll watchers in accordance with law.
SECTION 4. The Commission may, during
the election period, supervise or regulate the SECTION 9. Unless otherwise fixed by the
enjoyment or utilization of all franchises or Commission in special cases, the election
permits for the operation of transportation period shall commence ninety days before
and other public utilities, media of the day of the election and shall end thirty
communication or information, all grants, days after.
special privileges, or concessions granted by
the Government or any subdivision, agency, SECTION 10. Bona fide candidates for any
or instrumentality thereof, including any public office shall be free from any form of
government-owned or controlled corporation harassment and discrimination.
or its subsidiary. Such supervision or
regulation shall aim to ensure equal SECTION 11. Funds certified by the
opportunity, time, and space, and the right to Commission as necessary to defray the
reply, including reasonable, equal rates expenses for holding regular and special
therefor, for public information campaigns elections, plebiscites, initiatives, referenda,
and forums among candidates in connection and recalls, shall be provided in the regular
with the objective of holding free, orderly, or special appropriations and, once
honest, peaceful, and credible elections. approved, shall be released automatically
upon certification by the Chairman of the
Commission.
D. Commission on Audit granted fiscal autonomy under this
Constitution; (b) autonomous state colleges
SECTION 1. (1) There shall be a and universities; (c) other government-
Commission on Audit composed of a owned or controlled corporations and their
Chairman and two Commissioners, who subsidiaries; and (d) such non-governmental
shall be natural-born citizens of the entities receiving subsidy or equity, directly
Philippines and, at the time of their or indirectly, from or through the
appointment, at least thirty-five years of age, Government, which are required by law or
certified public accountants with not less the granting institution to submit to such
than ten years of auditing experience, or audit as a condition of subsidy or equity.
members of the Philippine Bar who have However, where the internal control system
been engaged in the practice of law for at of the audited agencies is inadequate, the
least ten years, and must not have been Commission may adopt such measures,
candidates for any elective position in the including temporary or special pre-audit, as
elections immediately preceding their are necessary and appropriate to correct the
appointment. At no time shall all Members deficiencies. It shall keep the general
of the Commission belong to the same accounts of the Government and, for such
profession. period as may be provided by law, preserve
the vouchers and other supporting papers
(2) The Chairman and the Commissioners pertaining thereto.
shall be appointed by the President with the
consent of the Commission on (2) The Commission shall have exclusive
Appointments for a term of seven years authority, subject to the limitations in this
without reappointment. Of those first Article, to define the scope of its audit and
appointed, the Chairman shall hold office for examination, establish the techniques and
seven years, one Commissioner for five methods required therefor, and promulgate
years, and the other Commissioner for three accounting and auditing rules and
years, without reappointment. Appointment regulations, including those for the
to any vacancy shall be only for the prevention and disallowance of irregular,
unexpired portion of the term of the unnecessary, excessive, extravagant, or
predecessor. In no case shall any Member be unconscionable expenditures, or uses of
appointed or designated in a temporary or government funds and properties.
acting capacity.
SECTION 3. No law shall be passed
SECTION 2. (1) The Commission on Audit exempting any entity of the Government or
shall have the power, authority, and duty to its subsidiary in any guise whatever, or any
examine, audit, and settle all accounts investment of public funds, from the
pertaining to the revenue and receipts of, jurisdiction of the Commission on Audit.
and expenditures or uses of funds and
property, owned or held in trust by, or SECTION 4. The Commission shall submit
pertaining to, the Government, or any of its to the President and the Congress, within the
subdivisions, agencies, or instrumentalities, time fixed by law, an annual report covering
including government-owned or controlled the financial condition and operation of the
corporations with original charters, and on a Government, its subdivisions, agencies, and
post-audit basis: (a) constitutional bodies, instrumentalities, including government-
commissions and offices that have been owned or controlled corporations, and non-
governmental entities subject to its audit, SECTION 5. Each local government unit
and recommend measures necessary to shall have the power to create its own
improve their effectiveness and efficiency. It sources of revenues and to levy taxes, fees,
shall submit such other reports as may be and charges subject to such guidelines and
required by law. limitations as the Congress may provide,
consistent with the basic policy of local
ARTICLE X autonomy. Such taxes, fees, and charges
shall accrue exclusively to the local
Local Government governments.

General Provisions SECTION 6. Local government units shall


have a just share, as determined by law, in
SECTION 1. The territorial and political the national taxes which shall be
subdivisions of the Republic of the automatically released to them.
Philippines are the provinces, cities,
municipalities, and barangays. There shall SECTION 7. Local governments shall be
be autonomous regions in Muslim Mindanao entitled to an equitable share in the proceeds
and the Cordilleras as hereinafter provided. of the utilization and development of the
national wealth within their respective areas,
SECTION 2. The territorial and political in the manner provided by law, including
subdivisions shall enjoy local autonomy. sharing the same with the inhabitants by way
of direct benefits.
SECTION 3. The Congress shall enact a
local government code which shall provide SECTION 8. The term of office of elective
for a more responsive and accountable local local officials, except barangay officials,
government structure instituted through a which shall be determined by law, shall be
system of decentralization with effective three years and no such official shall serve
mechanisms of recall, initiative, and for more than three consecutive terms.
referendum, allocate among the different Voluntary renunciation of the office for any
local government units their powers, length of time shall not be considered as an
responsibilities, and resources, and provide interruption in the continuity of his service
for the qualifications, election, appointment for the full term for which he was elected.
and removal, term, salaries, powers and
functions and duties of local officials, and SECTION 9. Legislative bodies of local
all other matters relating to the organization governments shall have sectoral
and operation of the local units. representation as may be prescribed by law.

SECTION 4. The President of the SECTION 10. No province, city,


Philippines shall exercise general municipality, or barangay may be created,
supervision over local governments. divided, merged, abolished, or its boundary
Provinces with respect to component cities substantially altered, except in accordance
and municipalities, and cities and with the criteria established in the Local
municipalities with respect to component Government Code and subject to approval
barangays shall ensure that the acts of their by a majority of the votes cast in a plebiscite
component units are within the scope of in the political units directly affected.
their prescribed powers and functions.
SECTION 11. The Congress may, by law, and in the Cordilleras consisting of
create special metropolitan political provinces, cities, municipalities, and
subdivisions, subject to a plebiscite as set geographical areas sharing common and
forth in Section 10 hereof. The component distinctive historical and cultural heritage,
cities and municipalities shall retain their economic and social structures, and other
basic autonomy and shall be entitled to their relevant characteristics within the
own local executives and legislative framework of this Constitution and the
assemblies. The jurisdiction of the national sovereignty as well as territorial
metropolitan authority that will hereby be integrity of the Republic of the Philippines.
created shall be limited to basic services
requiring coordination. SECTION 16. The President shall exercise
general supervision over autonomous
SECTION 12. Cities that are highly regions to ensure that the laws are faithfully
urbanized, as determined by law, and executed.
component cities whose charters prohibit
their voters from voting for provincial SECTION 17. All powers, functions, and
elective officials, shall be independent of the responsibilities not granted by this
province. The voters of component cities Constitution or by law to the autonomous
within a province, whose charters contain no regions shall be vested in the National
such prohibition, shall not be deprived of Government.
their right to vote for elective provincial
officials. SECTION 18. The Congress shall enact an
organic act for each autonomous region with
SECTION 13. Local government units may the assistance and participation of the
group themselves, consolidate or coordinate regional consultative commission composed
their efforts, services, and resources for of representatives appointed by the President
purposes commonly beneficial to them in from a list of nominees from multisectoral
accordance with law. bodies. The organic act shall define the basic
structure of government for the region
SECTION 14. The President shall provide consisting of the executive department and
for regional development councils or other legislative assembly, both of which shall be
similar bodies composed of local elective and representative of the constituent
government officials, regional heads of political units. The organic acts shall
departments and other government offices, likewise provide for special courts with
and representatives from non-governmental personal, family, and property law
organizations within the regions for jurisdiction consistent with the provisions of
purposes of administrative decentralization this Constitution and national laws.
to strengthen the autonomy of the units
therein and to accelerate the economic and The creation of the autonomous region shall
social growth and development of the units be effective when approved by majority of
in the region. the votes cast by the constituent units in a
plebiscite called for the purpose, provided
Autonomous Region that only provinces, cities, and geographic
areas voting favorably in such plebiscite
SECTION 15. There shall be created shall be included in the autonomous region.
autonomous regions in Muslim Mindanao
SECTION 19. The first Congress elected Accountability of Public Officers
under this Constitution shall, within eighteen
months from the time of organization of SECTION 1. Public office is a public trust.
both Houses, pass the organic acts for the Public officers and employees must at all
autonomous regions in Muslim Mindanao times be accountable to the people, serve
and the Cordilleras. them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism
SECTION 20. Within its territorial and justice, and lead modest lives.
jurisdiction and subject to the provisions of
this Constitution and national laws, the SECTION 2. The President, the Vice-
organic act of autonomous regions shall President, the Members of the Supreme
provide for legislative powers over: Court, the Members of the Constitutional
Commissions, and the Ombudsman may be
(1) Administrative organization; removed from office, on impeachment for,
and conviction of, culpable violation of the
(2) Creation of sources of revenues; Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
(3) Ancestral domain and natural resources; public trust. All other public officers and
employees may be removed from office as
(4) Personal, family, and property relations; provided by law, but not by impeachment.

(5) Regional urban and rural planning SECTION 3. (1) The House of
development; Representatives shall have the exclusive
power to initiate all cases of impeachment.
(6) Economic, social, and tourism
development; (2) A verified complaint for impeachment
may be filed by any Member of the House of
(7) Educational policies; Representatives or by any citizen upon a
resolution of endorsement by any Member
(8) Preservation and development of the thereof, which shall be included in the Order
cultural heritage; and of Business within ten session days, and
referred to the proper Committee within
(9) Such other matters as may be authorized three session days thereafter. The
by law for the promotion of the general Committee, after hearing, and by a majority
welfare of the people of the region. vote of all its Members, shall submit its
report to the House within sixty session days
SECTION 21. The preservation of peace and from such referral, together with the
order within the regions shall be the corresponding resolution. The resolution
responsibility of the local police agencies shall be calendared for consideration by the
which shall be organized, maintained, House within ten session days from receipt
supervised, and utilized in accordance with thereof.
applicable laws. The defense and security of
the regions shall be the responsibility of the (3) A vote of at least one-third of all the
National Government. Members of the House shall be necessary
either to affirm a favorable resolution with
ARTICLE XI the Articles of Impeachment of the
Committee, or override its contrary least one Deputy each for Luzon, Visayas,
resolution. The vote of each Member shall and Mindanao. A separate Deputy for the
be recorded. military establishment may likewise be
appointed.
(4) In case the verified complaint or
resolution of impeachment is filed by at least SECTION 6. The officials and employees of
one-third of all the Members of the House, the Office of the Ombudsman, other than the
the same shall constitute the Articles of Deputies, shall be appointed by the
Impeachment, and trial by the Senate shall Ombudsman according to the Civil Service
forthwith proceed. Law.

(5) No impeachment proceedings shall be SECTION 7. The existing Tanodbayan shall


initiated against the same official more than hereafter be known as the Office of the
once within a period of one year. Special Prosecutor. It shall continue to
function and exercise its powers as now or
(6) The Senate shall have the sole power to hereafter may be provided by law, except
try and decide all cases of impeachment. those conferred on the Office of the
When sitting for that purpose, the Senators Ombudsman created under this Constitution.
shall be on oath or affirmation. When the
President of the Philippines is on trial, the SECTION 8. The Ombudsman and his
Chief Justice of the Supreme Court shall Deputies shall be natural-born citizens of the
preside, but shall not vote. No person shall Philippines, and at the time of their
be convicted without the concurrence of appointment, at least forty years old, of
two-thirds of all the Members of the Senate. recognized probity and independence, and
members of the Philippine Bar, and must not
(7) Judgment in cases of impeachment shall have been candidates for any elective office
not extend further than removal from office in the immediately preceding election. The
and disqualification to hold any office under Ombudsman must have for ten years or
the Republic of the Philippines, but the party more been a judge or engaged in the practice
convicted shall nevertheless be liable and of law in the Philippines.
subject to prosecution, trial, and punishment
according to law. During their tenure, they shall be subject to
the same disqualifications and prohibitions
(8) The Congress shall promulgate its rules as provided for in Section 2 of Article IX-A
on impeachment to effectively carry out the of this Constitution.
purpose of this section.
SECTION 9. The Ombudsman and his
SECTION 4. The present anti-graft court Deputies shall be appointed by the President
known as the Sandiganbayan shall continue from a list of at least six nominees prepared
to function and exercise its jurisdiction as by the Judicial and Bar Council, and from a
now or hereafter may be provided by law. list of three nominees for every vacancy
thereafter. Such appointments shall require
SECTION 5. There is hereby created the no confirmation. All vacancies shall be filled
independent Office of the Ombudsman, within three months after they occur.
composed of the Ombudsman to be known
as Tanodbayan, one overall Deputy and at
SECTION 10. The Ombudsman and his (3) Direct the officer concerned to take
Deputies shall have the rank of Chairman appropriate action against a public official or
and Members, respectively, of the employee at fault, and recommend his
Constitutional Commissions, and they shall removal, suspension, demotion, fine,
receive the same salary, which shall not be censure, or prosecution, and ensure
decreased during their term of office. compliance therewith.

SECTION 11. The Ombudsman and his (4) Direct the officer concerned, in any
Deputies shall serve for a term of seven appropriate case, and subject to such
years without reappointment. They shall not limitations as may be provided by law, to
be qualified to run for any office in the furnish it with copies of documents relating
election immediately succeeding their to contracts or transactions entered into by
cessation from office. his office involving the disbursement or use
of public funds or properties, and report any
SECTION 12. The Ombudsman and his irregularity to the Commission on Audit for
Deputies, as protectors of the people, shall appropriate action.
act promptly on complaints filed in any form
or manner against public officials or (5) Request any government agency for
employees of the Government, or any assistance and information necessary in the
subdivision, agency or instrumentality discharge of its responsibilities, and to
thereof, including government-owned or examine, if necessary, pertinent records and
controlled corporations, and shall, in documents.
appropriate cases, notify the complainants of
the action taken and the result thereof. (6) Publicize matters covered by its
investigation when circumstances so warrant
SECTION 13. The Office of the and with due prudence.
Ombudsman shall have the following
powers, functions, and duties: (7) Determine the causes of inefficiency, red
tape, mismanagement, fraud, and corruption
(1) Investigate on its own, or on complaint in the Government and make
by any person, any act or omission of any recommendations for their elimination and
public official, employee, office or agency, the observance of high standards of ethics
when such act or omission appears to be and efficiency.
illegal, unjust, improper, or inefficient.
(8) Promulgate its rules of procedure and
(2) Direct, upon complaint or at its own exercise such other powers or perform such
instance, any public official or employee of functions or duties as may be provided by
the Government, or any subdivision, agency law.
or instrumentality thereof, as well as of any
government-owned or controlled corporation SECTION 14. The Office of the
with original charter, to perform and Ombudsman shall enjoy fiscal autonomy. Its
expedite any act or duty required by law, or approved annual appropriations shall be
to stop, prevent, and correct any abuse or automatically and regularly released.
impropriety in the performance of duties.
SECTION 15. The right of the State to
recover properties unlawfully acquired by
public officials or employees, from them or and services produced by the nation for the
from their nominees or transferees, shall not benefit of the people; and an expanding
be barred by prescription, laches, or productivity as the key to raising the quality
estoppel. of life for all, especially the underprivileged.

SECTION 16. No loan, guaranty, or other The State shall promote industrialization and
form of financial accommodation for any full employment based on sound agricultural
business purpose may be granted, directly or development and agrarian reform, through
indirectly, by any government-owned or industries that make full and efficient use of
controlled bank or financial institution to the human and natural resources, and which are
President, the Vice-President, the Members competitive in both domestic and foreign
of the Cabinet, the Congress, the Supreme markets. However, the State shall protect
Court, and the Constitutional Commissions, Filipino enterprises against unfair foreign
the Ombudsman, or to any firm or entity in competition and trade practices.
which they have controlling interest, during
their tenure. In the pursuit of these goals, all sectors of
the economy and all regions of the country
SECTION 17. A public officer or employee shall be given optimum opportunity to
shall, upon assumption of office and as often develop. Private enterprises, including
thereafter as may be required by law, submit corporations, cooperatives, and similar
a declaration under oath of his assets, collective organizations, shall be encouraged
liabilities, and net worth. In the case of the to broaden the base of their ownership.
President, the Vice-President, the Members
of the Cabinet, the Congress, the Supreme SECTION 2. All lands of the public domain,
Court, the Constitutional Commissions and waters, minerals, coal, petroleum, and other
other constitutional offices, and officers of mineral oils, all forces of potential energy,
the armed forces with general or flag rank, fisheries, forests or timber, wildlife, flora
the declaration shall be disclosed to the and fauna, and other natural resources are
public in the manner provided by law. owned by the State. With the exception of
agricultural lands, all other natural resources
SECTION 18. Public officers and shall not be alienated. The exploration,
employees owe the State and this development, and utilization of natural
Constitution allegiance at all times, and any resources shall be under the full control and
public officer or employee who seeks to supervision of the State. The State may
change his citizenship or acquire the status directly undertake such activities, or it may
of an immigrant of another country during enter into co-production, joint venture, or
his tenure shall be dealt with by law. production-sharing agreements with Filipino
citizens, or corporations or associations at
ARTICLE XII least sixty per centum of whose capital is
owned by such citizens. Such agreements
National Economy and Patrimony may be for a period not exceeding twenty-
five years, renewable for not more than
SECTION 1. The goals of the national twenty-five years, and under such terms and
economy are a more equitable distribution of conditions as may be provided by law. In
opportunities, income, and wealth; a cases of water rights for irrigation, water
sustained increase in the amount of goods supply, fisheries, or industrial uses other
than the development of water power, renewable for not more than twenty-five
beneficial use may be the measure and limit years, and not to exceed one thousand
of the grant. hectares in area. Citizens of the Philippines
may lease not more than five hundred
The State shall protect the nation’s marine hectares, or acquire not more than twelve
wealth in its archipelagic waters, territorial hectares thereof by purchase, homestead, or
sea, and exclusive economic zone, and grant.
reserve its use and enjoyment exclusively to
Filipino citizens. Taking into account the requirements of
conservation, ecology, and development,
The Congress may, by law, allow small- and subject to the requirements of agrarian
scale utilization of natural resources by reform, the Congress shall determine, by
Filipino citizens, as well as cooperative fish law, the size of lands of the public domain
farming, with priority to subsistence which may be acquired, developed, held, or
fishermen and fishworkers in rivers, lakes, leased and the conditions therefor.
bays, and lagoons.
SECTION 4. The Congress shall, as soon as
The President may enter into agreements possible, determine by law the specific
with foreign-owned corporations involving limits of forest lands and national parks,
either technical or financial assistance for marking clearly their boundaries on the
large-scale exploration, development, and ground. Thereafter, such forest lands and
utilization of minerals, petroleum, and other national parks shall be conserved and may
mineral oils according to the general terms not be increased nor diminished, except by
and conditions provided by law, based on law. The Congress shall provide, for such
real contributions to the economic growth period as it may determine, measures to
and general welfare of the country. In such prohibit logging in endangered forests and
agreements, the State shall promote the watershed areas.
development and use of local scientific and
technical resources. SECTION 5. The State, subject to the
provisions of this Constitution and national
The President shall notify the Congress of development policies and programs, shall
every contract entered into in accordance protect the rights of indigenous cultural
with this provision, within thirty days from communities to their ancestral lands to
its execution. ensure their economic, social, and cultural
well-being.
SECTION 3. Lands of the public domain are
classified into agricultural, forest or timber, The Congress may provide for the
mineral lands, and national parks. applicability of customary laws governing
Agricultural lands of the public domain may property rights or relations in determining
be further classified by law according to the the ownership and extent of ancestral
uses which they may be devoted. Alienable domain.
lands of the public domain shall be limited
to agricultural lands. Private corporations or SECTION 6. The use of property bears a
associations may not hold such alienable social function, and all economic agents
lands of the public domain except by lease, shall contribute to the common good.
for a period not exceeding twenty-five years, Individuals and private groups, including
corporations, cooperatives, and similar formation and operation of enterprises
collective organizations, shall have the right whose capital is wholly owned by Filipinos.
to own, establish, and operate economic
enterprises, subject to the duty of the State to In the grant of rights, privileges, and
promote distributive justice and to intervene concessions covering the national economy
when the common good so demands. and patrimony, the State shall give
preference to qualified Filipinos.
SECTION 7. Save in cases of hereditary
succession, no private lands shall be The State shall regulate and exercise
transferred or conveyed except to authority over foreign investments within its
individuals, corporations, or associations national jurisdiction and in accordance with
qualified to acquire or hold lands of the its national goals and priorities.
public domain.
SECTION 11. No franchise, certificate, or
SECTION 8. Notwithstanding the any other form of authorization for the
provisions of Section 7 of this Article, a operation of a public utility shall be granted
natural-born citizen of the Philippines who except to citizens of the Philippines or to
has lost his Philippine citizenship may be a corporations or associations organized under
transferee of private lands, subject to the laws of the Philippines at least sixty per
limitations provided by law. centum of whose capital is owned by such
citizens, nor shall such franchise, certificate,
SECTION 9. The Congress may establish an or authorization be exclusive in character or
independent economic and planning agency for a longer period than fifty years. Neither
headed by the President, which shall, after shall any such franchise or right be granted
consultations with the appropriate public except under the condition that it shall be
agencies, various private sectors, and local subject to amendment, alteration, or repeal
government units, recommend to Congress, by the Congress when the common good so
and implement continuing integrated and requires. The State shall encourage equity
coordinated programs and policies for participation in public utilities by the general
national development. public. The participation of foreign investors
in the governing body of any public utility
Until the Congress provides otherwise, the enterprise shall be limited to their
National Economic and Development proportionate share in its capital, and all the
Authority shall function as the independent executive and managing officers of such
planning agency of the government. corporation or association must be citizens
of the Philippines.
SECTION 10. The Congress shall, upon
recommendation of the economic and SECTION 12. The State shall promote the
planning agency, when the national interest preferential use of Filipino labor, domestic
dictates, reserve to citizens of the materials and locally produced goods, and
Philippines or to corporations or associations adopt measures that help make them
at least sixty per centum of whose capital is competitive.
owned by such citizens, or such higher
percentage as Congress may prescribe, SECTION 13. The State shall pursue a trade
certain areas of investments. The Congress policy that serves the general welfare and
shall enact measures that will encourage the utilizes all forms and arrangements of
exchange on the basis of equality and enterprises to be operated by the
reciprocity. Government.

SECTION 14. The sustained development of SECTION 19. The State shall regulate or
a reservoir of national talents consisting of prohibit monopolies when the public interest
Filipino scientists, entrepreneurs, so requires. No combinations in restraint of
professionals, managers, high-level technical trade or unfair competition shall be allowed.
manpower and skilled workers and
craftsmen in all fields shall be promoted by SECTION 20. The Congress shall establish
the State. The State shall encourage an independent central monetary authority,
appropriate technology and regulate its the members of whose governing board
transfer for the national benefit. must be natural-born Filipino citizens, of
known probity, integrity, and patriotism, the
The practice of all professions in the majority of whom shall come from the
Philippines shall be limited to Filipino private sector. They shall also be subject to
citizens, save in cases prescribed by law. such other qualifications and disabilities as
may be prescribed by law. The authority
SECTION 15. The Congress shall create an shall provide policy direction in the areas of
agency to promote the viability and growth money, banking, and credit. It shall have
of cooperatives as instruments for social supervision over the operations of banks and
justice and economic development. exercise such regulatory powers as may be
provided by law over the operations of
SECTION 16. The Congress shall not, finance companies and other institutions
except by general law, provide for the performing similar functions.
formation, organization, or regulation of
private corporations. Government-owned or Until the Congress otherwise provides, the
controlled corporations may be created or Central Bank of the Philippines, operating
established by special charters in the interest under existing laws, shall function as the
of the common good and subject to the test central monetary authority.
of economic viability.
SECTION 21. Foreign loans may only be
SECTION 17. In times of national incurred in accordance with law and the
emergency, when the public interest so regulation of the monetary authority.
requires, the State may, during the Information on foreign loans obtained or
emergency and under reasonable terms guaranteed by the Government shall be
prescribed by it, temporarily take over or made available to the public.
direct the operation of any privately owned
public utility or business affected with SECTION 22. Acts which circumvent or
public interest. negate any of the provisions of this Article
shall be considered inimical to the national
SECTION 18. The State may, in the interest interest and subject to criminal and civil
of national welfare or defense, establish and sanctions, as may be provided by law.
operate vital industries and, upon payment
of just compensation, transfer to public ARTICLE XIII
ownership utilities and other private
Social Justice and Human Rights
SECTION 1. The Congress shall give The State shall regulate the relations
highest priority to the enactment of between workers and employers,
measures that protect and enhance the right recognizing the right of labor to its just share
of all the people to human dignity, reduce in the fruits of production and the right of
social, economic, and political inequalities, enterprises to reasonable returns on
and remove cultural inequities by equitably investments, and to expansion and growth.
diffusing wealth and political power for the
common good. Agrarian and Natural Resources Reform

To this end, the State shall regulate the SECTION 4. The State shall, by law,
acquisition, ownership, use, and disposition undertake an agrarian reform program
of property and its increments. founded on the right of farmers and regular
farmworkers, who are landless, to own
SECTION 2. The promotion of social justice directly or collectively the lands they till or,
shall include the commitment to create in the case of other farmworkers, to receive
economic opportunities based on freedom of a just share of the fruits thereof. To this end,
initiative and self-reliance. the State shall encourage and undertake the
just distribution of all agricultural lands,
Labor subject to such priorities and reasonable
retention limits as the Congress may
SECTION 3. The State shall afford full prescribe, taking into account ecological,
protection to labor, local and overseas, developmental, or equity considerations, and
organized and unorganized, and promote full subject to the payment of just compensation.
employment and equality of employment In determining retention limits, the State
opportunities for all. shall respect the right of small landowners.
The State shall further provide incentives for
It shall guarantee the rights of all workers to voluntary land-sharing.
self-organization, collective bargaining and
negotiations, and peaceful concerted SECTION 5. The State shall recognize the
activities, including the right to strike in right of farmers, farmworkers, and
accordance with law. They shall be entitled landowners, as well as cooperatives, and
to security of tenure, humane conditions of other independent farmers’ organizations to
work, and a living wage. They shall also participate in the planning, organization, and
participate in policy and decision-making management of the program, and shall
processes affecting their rights and benefits provide support to agriculture through
as may be provided by law. appropriate technology and research, and
adequate financial, production, marketing,
The State shall promote the principle of and other support services.
shared responsibility between workers and
employers and the preferential use of SECTION 6. The State shall apply the
voluntary modes in settling disputes, principles of agrarian reform or stewardship,
including conciliation, and shall enforce whenever applicable in accordance with law,
their mutual compliance therewith to foster in the disposition or utilization of other
industrial peace. natural resources, including lands of the
public domain under lease or concession
suitable to agriculture, subject to prior
rights, homestead rights of small settlers, implementation of such program the State
and the rights of indigenous communities to shall respect the rights of small property
their ancestral lands. owners.

The State may resettle landless farmers and SECTION 10. Urban or rural poor dwellers
farmworkers in its own agricultural estates shall not be evicted nor their dwellings
which shall be distributed to them in the demolished, except in accordance with law
manner provided by law. and in a just and humane manner.

SECTION 7. The State shall protect the No resettlement of urban or rural dwellers
rights of subsistence fishermen, especially of shall be undertaken without adequate
local communities, to the preferential use of consultation with them and the communities
local marine and fishing resources, both where they are to be relocated.
inland and offshore. It shall provide support
to such fishermen through appropriate Health
technology and research, adequate financial,
production, and marketing assistance, and SECTION 11. The State shall adopt an
other services. The State shall also protect, integrated and comprehensive approach to
develop, and conserve such resources. The health development which shall endeavor to
protection shall extend to offshore fishing make essential goods, health and other social
grounds of subsistence fishermen against services available to all the people at
foreign intrusion. Fishworkers shall receive affordable cost. There shall be priority for
a just share from their labor in the utilization the needs of the underprivileged sick,
of marine and fishing resources. elderly, disabled, women, and children. The
State shall endeavor to provide free medical
SECTION 8. The State shall provide care to paupers.
incentives to landowners to invest the
proceeds of the agrarian reform program to SECTION 12. The State shall establish and
promote industrialization, employment maintain an effective food and drug
creation, and privatization of public sector regulatory system and undertake appropriate
enterprises. Financial instruments used as health manpower development and research,
payment for their lands shall be honored as responsive to the country’s health needs and
equity in enterprises of their choice. problems.

Urban Land Reform and Housing SECTION 13. The State shall establish a
special agency for disabled persons for
SECTION 9. The State shall, by law, and for rehabilitation, self-development and self-
the common good, undertake, in cooperation reliance, and their integration into the
with the public sector, a continuing program mainstream of society.
of urban land reform and housing which will
make available at affordable cost decent Women
housing and basic services to
underprivileged and homeless citizens in SECTION 14. The State shall protect
urban centers and resettlements areas. It working women by providing safe and
shall also promote adequate employment healthful working conditions, taking into
opportunities to such citizens. In the account their maternal functions, and such
facilities and opportunities that will enhance Rights shall continue to exercise its present
their welfare and enable them to realize their functions and powers.
full potential in the service of the nation.
(4) The approved annual appropriations of
Role and Rights of People’s Organizations the Commission shall be automatically and
regularly released.
SECTION 15. The State shall respect the
role of independent people’s organizations SECTION 18. The Commission on Human
to enable the people to pursue and protect, Rights shall have the following powers and
within the democratic framework, their functions:
legitimate and collective interests and
aspirations through peaceful and lawful (1) Investigate, on its own or on complaint
means. by any party, all forms of human rights
violations involving civil and political
People’s organizations are bona fide rights;
associations of citizens with demonstrated
capacity to promote the public interest and (2) Adopt its operational guidelines and
with identifiable leadership, membership, rules of procedure, and cite for contempt for
and structure. violations thereof in accordance with the
Rules of Court;
SECTION 16. The right of the people and
their organizations to effective and (3) Provide appropriate legal measures for
reasonable participation at all levels of the protection of human rights of all persons
social, political, and economic decision- within the Philippines, as well as Filipinos
making shall not be abridged. The State residing abroad, and provide for preventive
shall, by law, facilitate the establishment of measures and legal aid services to the
adequate consultation mechanisms. underprivileged whose human rights have
been violated or need protection;
Human Rights
(4) Exercise visitorial powers over jails,
SECTION 17. (1) There is hereby created an prisons, or detention facilities;
independent office called the Commission
on Human Rights. (5) Establish a continuing program of
research, education, and information to
(2) The Commission shall be composed of a enhance respect for the primacy of human
Chairman and four Members who must be rights;
natural-born citizens of the Philippines and a
majority of whom shall be members of the (6) Recommend to the Congress effective
Bar. The term of office and other measures to promote human rights and to
qualifications and disabilities of the provide for compensation to victims of
Members of the Commission shall be violations of human rights, or their families;
provided by law.
(7) Monitor the Philippine Government’s
(3) Until this Commission is constituted, the compliance with international treaty
existing Presidential Committee on Human obligations on human rights;
(8) Grant immunity from prosecution to any right of parents to rear their children,
person whose testimony or whose elementary education is compulsory for all
possession of documents or other evidence children of school age;
is necessary or convenient to determine the
truth in any investigation conducted by it or (3) Establish and maintain a system of
under its authority; scholarship grants, student loan programs,
subsidies, and other incentives which shall
(9) Request the assistance of any be available to deserving students in both
department, bureau, office, or agency in the public and private schools, especially to the
performance of its functions; underprivileged;

(10) Appoint its officers and employees in (4) Encourage non-formal, informal, and
accordance with law; and indigenous learning systems, as well as self-
learning, independent, and out-of-school
(11) Perform such other duties and functions study programs particularly those that
as may be provided by law. respond to community needs; and

SECTION 19. The Congress may provide (5) Provide adult citizens, the disabled, and
for other cases of violations of human rights out-of-school youth with training in civics,
that should fall within the authority of the vocational efficiency, and other skills.
Commission, taking into account its
recommendations. SECTION 3. (1) All educational institutions
shall include the study of the Constitution as
ARTICLE XIV part of the curricula.

Education, Science and Technology, Arts, (2) They shall inculcate patriotism and
Culture, and Sports nationalism, foster love of humanity, respect
for human rights, appreciation of the role of
Education national heroes in the historical development
of the country, teach the rights and duties of
SECTION 1. The State shall protect and citizenship, strengthen ethical and spiritual
promote the right of all citizens to quality values, develop moral character and
education at all levels and shall take personal discipline, encourage critical and
appropriate steps to make such education creative thinking, broaden scientific and
accessible to all. technological knowledge, and promote
vocational efficiency.
SECTION 2. The State shall:
(3) At the option expressed in writing by the
(1) Establish, maintain, and support a parents or guardians, religion shall be
complete, adequate, and integrated system of allowed to be taught to their children or
education relevant to the needs of the people wards in public elementary and high schools
and society; within the regular class hours by instructors
designated or approved by the religious
(2) Establish and maintain a system of free authorities of the religion to which the
public education in the elementary and high children or wards belong, without additional
school levels. Without limiting the natural cost to the Government.
SECTION 4. (1) The State recognizes the (4) Subject to conditions prescribed by law,
complementary roles of public and private all grants, endowments, donations, or
institutions in the educational system and contributions used actually, directly, and
shall exercise reasonable supervision and exclusively for educational purposes shall be
regulation of all educational institutions. exempt from tax.

(2) Educational institutions, other than those SECTION 5. (1) The State shall take into
established by religious groups and mission account regional and sectoral needs and
boards, shall be owned solely by citizens of conditions and shall encourage local
the Philippines or corporations or planning in the development of educational
associations at least sixty per centum of the policies and programs.
capital of which is owned by such citizens.
The Congress may, however, require (2) Academic freedom shall be enjoyed in
increased Filipino equity participation in all all institutions of higher learning.
educational institutions.
(3) Every citizen has a right to select a
The control and administration of profession or course of study, subject to fair,
educational institutions shall be vested in reasonable, and equitable admission and
citizens of the Philippines. academic requirements.

No educational institution shall be (4) The State shall enhance the right of
established exclusively for aliens and no teachers to professional advancement. Non-
group of aliens shall comprise more than teaching academic and non-academic
one-third of the enrollment in any school. personnel shall enjoy the protection of the
The provisions of this subsection shall not State.
apply to schools established for foreign
diplomatic personnel and their dependents (5) The State shall assign the highest
and, unless otherwise provided by law, for budgetary priority to education and ensure
other foreign temporary residents. that teaching will attract and retain its
rightful share of the best available talents
(3) All revenues and assets of non-stock, through adequate remuneration and other
non-profit educational institutions used means of job satisfaction and fulfillment.
actually, directly, and exclusively for
educational purposes shall be exempt from Language
taxes and duties. Upon the dissolution or
cessation of the corporate existence of such SECTION 6. The national language of the
institutions, their assets shall be disposed of Philippines is Filipino. As it evolves, it shall
in the manner provided by law. be further developed and enriched on the
basis of existing Philippine and other
Proprietary educational institutions, languages.
including those cooperatively owned, may
likewise be entitled to such exemptions Subject to provisions of law and as the
subject to the limitations provided by law Congress may deem appropriate, the
including restrictions on dividends and Government shall take steps to initiate and
provisions for reinvestment. sustain the use of Filipino as a medium of
official communication and as language of encourage private participation in programs
instruction in the educational system. of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of
SECTION 7. For purposes of incentives shall be provided to deserving
communication and instruction, the official science students, researchers, scientists,
languages of the Philippines are Filipino inventors, technologists, and specially gifted
and, until otherwise provided by law, citizens.
English.
SECTION 12. The State shall regulate the
The regional languages are the auxiliary transfer and promote the adaptation of
official languages in the regions and shall technology from all sources for the national
serve as auxiliary media of instruction benefit. It shall encourage the widest
therein. participation of private groups, local
governments, and community-based
Spanish and Arabic shall be promoted on a organizations in the generation and
voluntary and optional basis. utilization of science and technology.

SECTION 8. This Constitution shall be SECTION 13. The State shall protect and
promulgated in Filipino and English and secure the exclusive rights of scientists,
shall be translated into major regional inventors, artists, and other gifted citizens to
languages, Arabic, and Spanish. their intellectual property and creations,
particularly when beneficial to the people,
SECTION 9. The Congress shall establish a for such period as may be provided by law.
national language commission composed of
representatives of various regions and Arts and Culture
disciplines which shall undertake,
coordinate, and promote researches for the SECTION 14. The State shall foster the
development, propagation, and preservation preservation, enrichment, and dynamic
of Filipino and other languages. evolution of a Filipino national culture based
on the principle of unity in diversity in a
Science and Technology climate of free artistic and intellectual
expression.
SECTION 10. Science and technology are
essential for national development and SECTION 15. Arts and letters shall enjoy
progress. The State shall give priority to the patronage of the State. The State shall
research and development, invention, conserve, promote, and popularize the
innovation, and their utilization; and to nation’s historical and cultural heritage and
science and technology education, training, resources, as well as artistic creations.
and services. It shall support indigenous,
appropriate, and self-reliant scientific and SECTION 16. All the country’s artistic and
technological capabilities, and their historic wealth constitutes the cultural
application to the country’s productive treasure of the nation and shall be under the
systems and national life. protection of the State which may regulate
its disposition.
SECTION 11. The Congress may provide
for incentives, including tax deductions, to
SECTION 17. The State shall recognize, SECTION 2. Marriage, as an inviolable
respect, and protect the rights of indigenous social institution, is the foundation of the
cultural communities to preserve and family and shall be protected by the State.
develop their cultures, traditions, and
institutions. It shall consider these rights in SECTION 3. The State shall defend:
the formulation of national plans and
policies. (1) The right of spouses to found a family in
accordance with their religious convictions
SECTION 18. (1) The State shall ensure and the demands of responsible parenthood;
equal access to cultural opportunities
through the educational system, public or (2) The right of children to assistance,
private cultural entities, scholarships, grants including proper care and nutrition, and
and other incentives, and community special protection from all forms of neglect,
cultural centers, and other public venues. abuse, cruelty, exploitation, and other
conditions prejudicial to their development;
(2) The State shall encourage and support
researches and studies on the arts and (3) The right of the family to a family living
culture. wage and income; and

Sports (4) The right of families or family


associations to participate in the planning
SECTION 19. (1) The State shall promote and implementation of policies and
physical education and encourage sports programs that affect them.
programs, league competitions, and amateur
sports, including training for international SECTION 4. The family has the duty to care
competitions, to foster self-discipline, for its elderly members but the State may
teamwork, and excellence for the also do so through just programs of social
development of a healthy and alert citizenry. security.

(2) All educational institutions shall ARTICLE XVI


undertake regular sports activities
throughout the country in cooperation with General Provisions
athletic clubs and other sectors.
SECTION 1. The flag of the Philippines
ARTICLE XV shall be red, white, and blue, with a sun and
three stars, as consecrated and honored by
The Family the people and recognized by law.

SECTION 1. The State recognizes the SECTION 2. The Congress may, by law,
Filipino family as the foundation of the adopt a new name for the country, a national
nation. Accordingly, it shall strengthen its anthem, or a national seal, which shall all be
solidarity and actively promote its total truly reflective and symbolic of the ideals,
development. history, and traditions of the people. Such
law shall take effect only upon its
ratification by the people in a national
referendum.
SECTION 3. The State may not be sued years. However, in times of war or other
without its consent. national emergency declared by the
Congress, the President may extend such
SECTION 4. The Armed Forces of the tour of duty.
Philippines shall be composed of a citizen
armed force which shall undergo military SECTION 6. The State shall establish and
training and serve, as may be provided by maintain one police force, which shall be
law. It shall keep a regular force necessary national in scope and civilian in character, to
for the security of the State. be administered and controlled by a national
police commission. The authority of local
SECTION 5. (1) All members of the armed executives over the police units in their
forces shall take an oath or affirmation to jurisdiction shall be provided by law.
uphold and defend this Constitution.
SECTION 7. The State shall provide
(2) The State shall strengthen the patriotic immediate and adequate care, benefits, and
spirit and nationalist consciousness of the other forms of assistance to war veterans and
military, and respect for people’s rights in veterans of military campaigns, their
the performance of their duty. surviving spouses and orphans. Funds shall
be provided therefor and due consideration
(3) Professionalism in the armed forces and shall be given them in the disposition of
adequate remuneration and benefits of its agricultural lands of the public domain and,
members shall be a prime concern of the in appropriate cases, in the utilization of
State. The armed forces shall be insulated natural resources.
from partisan politics.
SECTION 8. The State shall, from time to
No member of the military shall engage time, review to upgrade the pensions and
directly or indirectly in any partisan political other benefits due to retirees of both the
activity, except to vote. government and the private sectors.

(4) No member of the armed forces in the SECTION 9. The State shall protect
active service shall, at any time, be consumers from trade malpractices and from
appointed or designated in any capacity to a substandard or hazardous products.
civilian position in the Government
including government-owned or controlled SECTION 10. The State shall provide the
corporations or any of their subsidiaries. policy environment for the full development
of Filipino capability and the emergence of
(5) Laws on retirement of military officers communication structures suitable to the
shall not allow extension of their service. needs and aspirations of the nation and the
balanced flow of information into, out of,
(6) The officers and men of the regular force and across the country, in accordance with a
of the armed forces shall be recruited policy that respects the freedom of speech
proportionately from all provinces and cities and of the press.
as far as practicable.
SECTION 11. (1) The ownership and
(7) The tour of duty of the Chief of Staff of management of mass media shall be limited
the armed forces shall not exceed three to citizens of the Philippines, or to
corporations, cooperatives or associations, SECTION 2. Amendments to this
wholly-owned and managed by such Constitution may likewise be directly
citizens. proposed by the people through initiative
upon a petition of at least twelve per centum
The Congress shall regulate or prohibit of the total number of registered voters, of
monopolies in commercial mass media when which every legislative district must be
the public interest so requires. No represented by at least three per centum of
combinations in restraint of trade or unfair the registered voters therein. No amendment
competition therein shall be allowed. under this section shall be authorized within
five years following the ratification of this
(2) The advertising industry is impressed Constitution nor oftener than once every five
with public interest, and shall be regulated years thereafter.
by law for the protection of consumers and
the promotion of the general welfare. The Congress shall provide for the
implementation of the exercise of this right.
Only Filipino citizens or corporations or
associations at least seventy per centum of SECTION 3. The Congress may, by a vote
the capital of which is owned by such of two-thirds of all its Members, call a
citizens shall be allowed to engage in the constitutional convention, or by a majority
advertising industry. vote of all its Members, submit to the
electorate the question of calling such a
The participation of foreign investors in the convention.
governing body of entities in such industry
shall be limited to their proportionate share SECTION 4. Any amendment to, or revision
in the capital thereof, and all the executive of, this Constitution under Section 1 hereof
and managing officers of such entities must shall be valid when ratified by a majority of
be citizens of the Philippines. the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than
SECTION 12. The Congress may create a ninety days after the approval of such
consultative body to advise the President on amendment or revision.
policies affecting indigenous cultural
communities, the majority of the members Any amendment under Section 2 hereof
of which shall come from such communities. shall be valid when ratified by a majority of
the votes cast in a plebiscite which shall be
ARTICLE XVII held not earlier than sixty days nor later than
ninety days after the certification by the
Amendments or Revisions Commission on Elections of the sufficiency
of the petition.
SECTION 1. Any amendment to, or revision
of, this Constitution may be proposed by: ARTICLE XVIII

(1) The Congress, upon a vote of three- Transitory Provisions


fourths of all its Members; or
SECTION 1. The first elections of Members
(2) A constitutional convention. of the Congress under this Constitution shall
be held on the second Monday of May, SECTION 6. The incumbent President shall
1987. continue to exercise legislative powers until
the first Congress is convened.
The first local elections shall be held on a
date to be determined by the President, SECTION 7. Until a law is passed, the
which may be simultaneous with the President may fill by appointment from a list
election of the Members of the Congress. It of nominees by the respective sectors the
shall include the election of all Members of seats reserved for sectoral representation in
the city or municipal councils in the paragraph (2), Section 5 of Article VI of this
Metropolitan Manila area. Constitution.

SECTION 2. The Senators, Members of the SECTION 8. Until otherwise provided by


House of Representatives, and the local the Congress, the President may constitute
officials first elected under this Constitution the Metropolitan Authority to be composed
shall serve until noon of June 30, 1992. of the heads of all local government units
comprising the Metropolitan Manila area.
Of the Senators elected in the election of
1992, the first twelve obtaining the highest SECTION 9. A sub-province shall continue
number of votes shall serve for six years and to exist and operate until it is converted into
the remaining twelve for three years. a regular province or until its component
municipalities are reverted to the mother
SECTION 3. All existing laws, decrees, province.
executive orders, proclamations, letters of
instructions, and other executive issuances SECTION 10. All courts existing at the time
not inconsistent with this Constitution shall of the ratification of this Constitution shall
remain operative until amended, repealed, or continue to exercise their jurisdiction, until
revoked. otherwise provided by law. The provisions
of the existing Rules of Court, judiciary acts,
SECTION 4. All existing treaties or and procedural laws not inconsistent with
international agreements which have not this Constitution shall remain operative
been ratified shall not be renewed or unless amended or repealed by the Supreme
extended without the concurrence of at least Court or the Congress.
two-thirds of all the Members of the Senate.
SECTION 11. The incumbent Members of
SECTION 5. The six-year term of the the Judiciary shall continue in office until
incumbent President and Vice-President they reach the age of seventy years or
elected in the February 7, 1986 election is, become incapacitated to discharge the duties
for purposes of synchronization of elections, of their office or are removed for cause.
hereby extended to noon of June 30, 1992.
SECTION 12. The Supreme Court shall,
The first regular elections for the President within one year after the ratification of this
and Vice-President under this Constitution Constitution, adopt a systematic plan to
shall be held on the second Monday of May, expedite the decision or resolution of cases
1992. or matters pending in the Supreme Court or
the lower courts prior to the effectivity of
this Constitution. A similar plan shall be
adopted for all special courts and quasi- corporations and their subsidiaries. This
judicial bodies. provision also applies to career officers
whose resignation, tendered in line with the
SECTION 13. The legal effect of the lapse, existing policy, had been accepted.
before the ratification of this Constitution, of
the applicable period for the decision or SECTION 17. Until the Congress provides
resolution of the cases or matters submitted otherwise, the President shall receive an
for adjudication by the courts, shall be annual salary of three hundred thousand
determined by the Supreme Court as soon as pesos; the Vice-President, the President of
practicable. the Senate, the Speaker of the House of
Representatives, and the Chief Justice of the
SECTION 14. The provisions of paragraphs Supreme Court, two hundred forty thousand
(3) and (4), Section 15 of Article VIII of this pesos each; the Senators, the Members of
Constitution shall apply to cases or matters the House of Representatives, the Associate
filed before the ratification of this Justices of the Supreme Court, and the
Constitution, when the applicable period Chairmen of the Constitutional
lapses after such ratification. Commissions, two hundred four thousand
pesos each; and the Members of the
SECTION 15. The incumbent Members of Constitutional Commissions, one hundred
the Civil Service Commission, the eighty thousand pesos each.
Commission on Elections, and the
Commission on Audit shall continue in SECTION 18. At the earliest possible time,
office for one year after the ratification of the Government shall increase the salary
this Constitution, unless they are sooner scales of the other officials and employees
removed for cause or become incapacitated of the National Government.
to discharge the duties of their office or
appointed to a new term thereunder. In no SECTION 19. All properties, records,
case shall any Member serve longer than equipment, buildings, facilities, and other
seven years including service before the assets of any office or body abolished or
ratification of this Constitution. reorganized under Proclamation No. 3 dated
March 25, 1986 or this Constitution shall be
SECTION 16. Career civil service transferred to the office or body to which its
employees separated from the service not for powers, functions, and responsibilities
cause but as a result of the reorganization substantially pertain.
pursuant to Proclamation No. 3 dated March
25, 1986 and the reorganization following SECTION 20. The first Congress shall give
the ratification of this Constitution shall be priority to the determination of the period
entitled to appropriate separation pay and to for the full implementation of free public
retirement and other benefits accruing to secondary education.
them under the laws of general application
in force at the time of their separation. In SECTION 21. The Congress shall provide
lieu thereof, at the option of the employees, efficacious procedures and adequate
they may be considered for employment in remedies for the reversion to the State of all
the Government or in any of its lands of the public domain and real rights
subdivisions, instrumentalities, or agencies, connected therewith which were acquired in
including government-owned or controlled violation of the Constitution or the public
land laws, or through corrupt practices. No relation to the recovery of ill-gotten wealth
transfer or disposition of such lands or real shall remain operative for not more than
rights shall be allowed until after the lapse eighteen months after the ratification of this
of one year from the ratification of this Constitution. However, in the national
Constitution. interest, as certified by the President, the
Congress may extend said period.
SECTION 22. At the earliest possible time,
the Government shall expropriate idle or A sequestration or freeze order shall be
abandoned agricultural lands as may be issued only upon showing of a prima facie
defined by law, for distribution to the case. The order and the list of the
beneficiaries of the agrarian reform sequestered or frozen properties shall
program. forthwith be registered with the proper court.
For orders issued before the ratification of
SECTION 23. Advertising entities affected this Constitution, the corresponding judicial
by paragraph (2), Section 11 of Article XVI action or proceeding shall be filed within six
of this Constitution shall have five years months from its ratification. For those issued
from its ratification to comply on a after such ratification, the judicial action or
graduated and proportionate basis with the proceeding shall be commenced within six
minimum Filipino ownership requirement months from the issuance thereof.
therein.
The sequestration or freeze order is deemed
SECTION 24. Private armies and other automatically lifted if no judicial action or
armed groups not recognized by duly proceeding is commenced as herein
constituted authority shall be dismantled. All provided.
paramilitary forces including Civilian Home
Defense Forces not consistent with the SECTION 27. This Constitution shall take
citizen armed force established in this effect immediately upon its ratification by a
Constitution, shall be dissolved or, where majority of the votes cast in a plebiscite held
appropriate, converted into the regular force. for the purpose and shall supersede all
previous Constitutions.
SECTION 25. After the expiration in 1991
of the Agreement between the Republic of Ratified: February 2, 1987
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

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