1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
PREAMBLE
We, the
sovereign Filipino people, imploring the aid of Almighty God, in order to build
a just and humane society, and establish a Government that shall embody our
ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
ARTICLE I
NATIONAL TERRITORY
The national
territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting
the islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
Section 1. The Philippines is
a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
Section 2. The Philippines
renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations.
Section 3. Civilian authority
is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the national territory.
Section 4. The prime duty of
the Government is to serve and protect the people. The Government may call upon
the people to defend the State and, in the fulfillment thereof, all citizens
may be required, under conditions provided by law, to render personal, military
or civil service.
Section 5. The maintenance of
peace and order, the protection of life, liberty, and property, and promotion
of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.
Section 6. The separation of
Church and State shall be inviolable.
STATE POLICIES
Section 7. The State shall
pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
Section 8. The Philippines,
consistent with the national interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.
Section 9. The State shall
promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies
that provide adequate social services, promote full employment, a rising standard
of living, and an improved quality of life for all.
Section 10. The State shall
promote social justice in all phases of national development.
Section 11. The State values
the dignity of every human person and guarantees full respect for human rights.
Section 12. The State
recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of
the Government.
Section 13. The State
recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
Section 14. The State
recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Section 15. The State shall
protect and promote the right to health of the people and instill health
consciousness among them.
Section 16. The State shall
protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature.
Section 17. The State shall
give priority to education, science and technology, arts, culture, and sports
to foster patriotism and nationalism, accelerate social progress, and promote
total human liberation and development.
Section 18. The State affirms
labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
Section 19. The State shall
develop a self-reliant and independent national economy effectively controlled
by Filipinos.
Section 20. The State
recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
Section 21. The State shall
promote comprehensive rural development and agrarian reform.
Section 22. The State
recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.
Section 23. The State shall
encourage non-governmental, community-based, or sectoral organizations that
promote the welfare of the nation.
Section 24. The State
recognizes the vital role of communication and information in nation-building.
Section 25. The State shall
ensure the autonomy of local governments.
Section 26. The State shall
guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.
Section 27. The State shall
maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
Section 28. Subject to
reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public
interest.
ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be
deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
Section 2. The right of the
people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to
be seized.
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Section 3.
- The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
- Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be
passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for
redress of grievances.
Section 5. No law shall be
made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
Section 6. The liberty of
abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety,
or public health, as may be provided by law.
Section 7. The right of the
people to information on matters of public concern shall be recognized. Access
to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of the
people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not
be abridged.
Section 9. Private property
shall not be taken for public use without just compensation.
Section 10. No law impairing
the obligation of contracts shall be passed.
Section 11. Free access to
the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
Section 12.
- Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
- No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
- Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
- The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons,
except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
Section 14.
- No person shall be held to answer for a criminal offense without due process of law.
- In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of
the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion, when the public safety requires it.
Section 16. All persons shall
have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall
be compelled to be a witness against himself.
Section 18.
- No person shall be detained solely by reason of his political beliefs and aspirations.
- No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
Section 19.
- Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
- The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall
be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall
be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
Section 22. No ex post facto
law or bill of attainder shall be enacted.
ARTICLE IV
CITIZENSHIP
Section 1. The following are
citizens of the Philippines:
- Those who are citizens of the Philippines at the time of the adoption of this Constitution;
- Those whose fathers or mothers are citizens of the Philippines;
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and
- Those who are naturalized in the accordance with law.
Section 2. Natural-born
citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.
Section 3. Philippine
citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the
Philippines who marry aliens shall retain their citizenship, unless by their
act or omission they are deemed, under the law to have renounced it.
Section 5. Dual allegiance of
citizens is inimical to the national interest and shall be dealt with by law.
ARTICLE V
SUFFRAGE
Section 1. Suffrage may be
exercised by all citizens of the Philippines, not otherwise disqualified by
law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote,
for at least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on the exercise of
suffrage.
Section 2. The Congress shall
provide a system for securing the secrecy and sanctity of the ballot as well as
a system for absentee voting by qualified Filipinos abroad.
The Congress
shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to
vote under existing laws and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative
power shall be vested in the Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.
Section 2. The Senate shall
be composed of twenty-four Senators who shall be elected at large by the
qualified voters of the Philippines, as may be provided by law.
Section 3. No person shall be
a Senator unless he is a natural-born citizen of the Philippines and, on the
day of the election, is at least thirty-five years of age, able to read and
write, a registered voter, and a resident of the Philippines for not less than
two years immediately preceding the day of the election.
Section 4. The term of office
of the Senators shall be six years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day of June next following their
election. No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term of which he was
elected.
Section 5.
- The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
- The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.
- Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.
- Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
Section 6. No person shall be
a Member of the House of Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at least twenty-five years
of age, able to read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a resident
thereof for a period of not less than one year immediately preceding the day of
the election.
Section 7. The Members of the
House of Representatives shall be elected for a term of three years which shall
begin, unless otherwise provided by law, at noon on the thirtieth day of June
next following their election. No Member of the House of Representatives shall
serve for more than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.
Section 8. Unless otherwise
provided by law, the regular election of the Senators and the Members of the
House of Representatives shall be held on the second Monday of May.
Section 9. In case of vacancy
in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve only for the
unexpired term.
Section 10. The salaries of
Senators and Members of the House of Representatives shall be determined by
law. No increase in said compensation shall take effect until after the
expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.
Section 11. A Senator or
Member of the House of Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while the Congress
is in session. No Member shall be questioned nor be held liable in any other
place for any speech or debate in the Congress or in any committee thereof.
Section 12. All Members of
the Senate and the House of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may arise from
the filing of a proposed legislation of which they are authors.
Section 13. No Senator or
Member of the House of Representatives may hold any other office or employment
in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. Neither shall he be appointed to
any office which may have been created or the emoluments thereof increased
during the term for which he was elected.
Section 14. No Senator or
Member of the House of Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may
be called upon to act on account of his office.
Section 15. The Congress
shall convene once every year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until thirty days before
the opening of its next regular session, exclusive of Saturdays, Sundays, and
legal holidays. The President may call a special session at any time.
Section 16.
- The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.
- A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.
- Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.
- Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.
- Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Section 17. The Senate and
the House of Representatives shall each have an Electoral Tribunal which shall
be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be
composed of nine Members, three of whom shall be Justices of the Supreme Court
to be designated by the Chief Justice, and the remaining six shall be Members
of the Senate or the House of Representatives, as the case may be, who shall be
chosen on the basis of proportional representation from the political parties
and the parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.
Section 18. There shall be a
Commission on Appointments consisting of the President of the Senate, as ex
officio Chairman, twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations
registered under the party-list system represented therein. The chairman of the
Commission shall not vote, except in case of a tie. The Commission shall act on
all appointments submitted to it within thirty session days of the Congress
from their submission. The Commission shall rule by a majority vote of all the
Members.
Section 19. The Electoral
Tribunals and the Commission on Appointments shall be constituted within thirty
days after the Senate and the House of Representatives shall have been
organized with the election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at the call of
its Chairman or a majority of all its Members, to discharge such powers and
functions as are herein conferred upon it.
Section 20. The records and
books of accounts of the Congress shall be preserved and be open to the public
in accordance with law, and such books shall be audited by the Commission on
Audit which shall publish annually an itemized list of amounts paid to and expenses
for each Member.
Section 21. The Senate or the
House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of
procedure. The rights of persons appearing in, or affected by, such inquiries shall
be respected.
Section 22. The heads of
departments may, upon their own initiative, with the consent of the President,
or upon the request of either House, as the rules of each House shall provide,
appear before and be heard by such House on any matter pertaining to their departments.
Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their
scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the
State or the public interest so requires and the President so states in
writing, the appearance shall be conducted in executive session.
Section 23.
- The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.
- In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
Section 24. All
appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills, shall originate
exclusively in the House of Representatives, but the Senate may propose or
concur with amendments.
Section 25.
- The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.
- No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.
- The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.
- A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.
- No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.
- Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
- If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.
Section 26.
- Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
- No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
Section 27.
- Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
- The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
Section 28.
- The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.
- The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.
- Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
- No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.
Section 29.
- No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
- No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
- All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.
Section 30. No law shall be
passed increasing the appellate jurisdiction of the Supreme Court as provided
in this Constitution without its advice and concurrence.
Section 31. No law granting a
title of royalty or nobility shall be enacted.
Section 32. The Congress
shall, as early as possible, provide for a system of initiative and referendum,
and the exceptions therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or law or part thereof passed by the Congress
or local legislative body after the registration of a petition therefor signed
by at least ten per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of
the registered voters thereof.
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1. The executive
power shall be vested in the President of the Philippines.
Section 2. No person may be
elected President unless he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty years of age on the
day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.
Section 3. There shall be a
Vice-President who shall have the same qualifications and term of office and be
elected with, and in the same manner, as the President. He may be removed from
office in the same manner as the President.
The
Vice-President may be appointed as a Member of the Cabinet. Such appointment
requires no confirmation.
Section 4. The President and
the Vice-President shall be elected by direct vote of the people for a term of
six years which shall begin at noon on the thirtieth day of June next following
the day of the election and shall end at noon of the same date, six years
thereafter. The President shall not be eligible for any re-election. No person
who has succeeded as President and has served as such for more than four years
shall be qualified for election to the same office at any time.
No
Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he
was elected.
Unless
otherwise provided by law, the regular election for President and
Vice-President shall be held on the second Monday of May.
The returns
of every election for President and Vice-President, duly certified by the board
of canvassers of each province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of the certificates of
canvass, the President of the Senate shall, not later than thirty days after
the day of the election, open all the certificates in the presence of the
Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in
the manner provided by law, canvass the votes.
The person
having the highest number of votes shall be proclaimed elected, but in case two
or more shall have an equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the Members of both Houses
of the Congress, voting separately.
The Congress
shall promulgate its rules for the canvassing of the certificates.
The Supreme
Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice-President, and
may promulgate its rules for the purpose.
Section 5. Before they enter
on the execution of their office, the President, the Vice-President, or the
Acting President shall take the following oath or affirmation:
"I do
solemnly swear (or affirm) that I will faithfully and conscientiously fulfill
my duties as President (or Vice-President or Acting President) of the
Philippines, preserve and defend its Constitution, execute its laws, do justice
to every man, and consecrate myself to the service of the Nation. So help me
God." (In case of affirmation, last sentence will be omitted.)
Section 6. The President
shall have an official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be decreased during
their tenure. No increase in said compensation shall take effect until after
the expiration of the term of the incumbent during which such increase was
approved. They shall not receive during their tenure any other emolument from
the Government or any other source.
Section 7. The
President-elect and the Vice President-elect shall assume office at the
beginning of their terms.
If the
President-elect fails to qualify, the Vice President-elect shall act as
President until the President-elect shall have qualified.
If a
President shall not have been chosen, the Vice President-elect shall act as
President until a President shall have been chosen and qualified.
If at the
beginning of the term of the President, the President-elect shall have died or
shall have become permanently disabled, the Vice President-elect shall become
President.
Where no
President and Vice-President shall have been chosen or shall have qualified, or
where both shall have died or become permanently disabled, the President of the
Senate or, in case of his inability, the Speaker of the House of
Representatives, shall act as President until a President or a Vice-President
shall have been chosen and qualified.
The Congress
shall, by law, provide for the manner in which one who is to act as President
shall be selected until a President or a Vice-President shall have qualified,
in case of death, permanent disability, or inability of the officials mentioned
in the next preceding paragraph.
Section 8. In case of death,
permanent disability, removal from office, or resignation of the President, the
Vice-President shall become the President to serve the unexpired term. In case
of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall then act as
President until the President or Vice-President shall have been elected and
qualified.
The Congress
shall, by law, provide who shall serve as President in case of death, permanent
disability, or resignation of the Acting President. He shall serve until the
President or the Vice-President shall have been elected and qualified, and be
subject to the same restrictions of powers and disqualifications as the Acting
President.
Section 9. Whenever there is
a vacancy in the Office of the Vice-President during the term for which he was
elected, the President shall nominate a Vice-President from among the Members
of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses of the
Congress, voting separately.
Section 10. The Congress
shall, at ten o'clock in the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs, convene in accordance with
its rules without need of a call and within seven days, enact a law calling for
a special election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such
call. The bill calling such special election shall be deemed certified under
paragraph 2, Section 26, Article V1 of this Constitution and shall become law
upon its approval on third reading by the Congress. Appropriations for the
special election shall be charged against any current appropriations and shall
be exempt from the requirements of paragraph 4, Section 25, Article V1 of this
Constitution. The convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy occurs
within eighteen months before the date of the next presidential election.
Section 11. Whenever the
President transmits to the President of the Senate and the Speaker of the House
of Representatives his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written declaration
to the contrary, such powers and duties shall be discharged by the
Vice-President as Acting President.
Whenever a
majority of all the Members of the Cabinet transmit to the President of the
Senate and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of
his office, the Vice-President shall immediately assume the powers and duties
of the office as Acting President.
Thereafter,
when the President transmits to the President of the Senate and to the Speaker
of the House of Representatives his written declaration that no inability
exists, he shall reassume the powers and duties of his office. Meanwhile,
should a majority of all the Members of the Cabinet transmit within five days
to the President of the Senate and to the Speaker of the House of
Representatives, their written declaration that the President is unable to
discharge the powers and duties of his office, the Congress shall decide the
issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without need of
call.
If the
Congress, within ten days after receipt of the last written declaration, or, if
not in session, within twelve days after it is required to assemble, determines
by a two-thirds vote of both Houses, voting separately, that the President is
unable to discharge the powers and duties of his office, the Vice-President
shall act as President; otherwise, the President shall continue exercising the
powers and duties of his office.
Section 12. In case of
serious illness of the President, the public shall be informed of the state of
his health. The members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the
Philippines, shall not be denied access to the President during such illness.
Section 13. The President,
Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other
office or employment during their tenure. They shall not, during said tenure,
directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse
and relatives by consanguinity or affinity within the fourth civil degree of
the President shall not, during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.
Section 14. Appointments
extended by an Acting President shall remain effective, unless revoked by the
elected President, within ninety days from his assumption or reassumption of
office.
Section 15. Two months
immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein
will prejudice public service or endanger public safety.
Section 16. The President
shall nominate and, with the consent of the Commission on Appointments, appoint
the heads of the executive departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel or naval
captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.
The
President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be
effective only until disapproved by the Commission on Appointments or until the
next adjournment of the Congress.
Section 17. The President
shall have control of all the executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully executed.
Section 18. The President
shall be the Commander-in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ of habeas corpus or
place the Philippines or any part thereof under martial law. Within forty-eight
hours from the proclamation of martial law or the suspension of the privilege
of the writ of habeas corpus, the President shall submit a report in person or
in writing to the Congress. The Congress, voting jointly, by a vote of at least
a majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the
President. Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period to be determined by
the Congress, if the invasion or rebellion shall persist and public safety
requires it.
The
Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need
of a call.
The Supreme
Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing.
A state of
martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize
the conferment of jurisdiction on military courts and agencies over civilians
where civil courts are able to function, nor automatically suspend the
privilege of the writ.
The
suspension of the privilege of the writ shall apply only to persons judicially
charged for rebellion or offenses inherent in or directly connected with
invasion.
During the
suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three days, otherwise he shall be released.
Section 19. Except in cases
of impeachment, or as otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.
He shall
also have the power to grant amnesty with the concurrence of a majority of all
the Members of the Congress.
Section 20. The President may
contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board, and subject to
such limitations as may be provided by law. The Monetary Board shall, within
thirty days from the end of every quarter of the calendar year, submit to the
Congress a complete report of its decision on applications for loans to be
contracted or guaranteed by the Government or government-owned and controlled
corporations which would have the effect of increasing the foreign debt, and
containing other matters as may be provided by law.
Section 21. No treaty or
international agreement shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate.
Section 22. The President
shall submit to the Congress, within thirty days from the opening of every
regular session as the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts from existing and
proposed revenue measures.
Section 23. The President
shall address the Congress at the opening of its regular session. He may also
appear before it at any other time.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power
shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial
power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the
Government.
Section 2. The Congress shall
have the power to define, prescribe, and apportion the jurisdiction of the
various courts but may not deprive the Supreme Court of its jurisdiction over
cases enumerated in Section 5 hereof.
No law shall
be passed reorganizing the Judiciary when it undermines the security of tenure
of its Members.
Section 3. The Judiciary
shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount appropriated for the previous year
and, after approval, shall be automatically and regularly released.
Section 4.
- The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.
- All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
- Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.
Section 5. The Supreme Court
shall have the following powers:
- Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
- Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
- All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
- All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
- All cases in which the jurisdiction of any lower court is in issue.
- All criminal cases in which the penalty imposed is reclusion perpetua or higher.
- All cases in which only an error or question of law is involved.
- Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.
- Order a change of venue or place of trial to avoid a miscarriage of justice.
- Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
- Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
Section 6. The Supreme Court
shall have administrative supervision over all courts and the personnel
thereof.
Section 7.
- No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.
- The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.
- A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.
Section 8.
- A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.
- The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.
- The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.
- The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.
- The Council shall have the principal function of recommending appointees to the judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.
Section 9. The Members of the
Supreme Court and judges of lower courts shall be appointed by the President
from a list of at least three nominees preferred by the Judicial and Bar
Council for every vacancy. Such appointments need no confirmation.
For the
lower courts, the President shall issued the appointment within ninety days
from the submission of the list.
Section 10. The salary of the
Chief Justice and of the Associate Justices of the Supreme Court, and of judges
of lower courts shall be fixed by law. During the continuance in office, their
salary shall not be decreased.
Section 11. The Members of
the Supreme Court and judges of the lower court shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme Court en banc shall have the
power to discipline judges of lower courts, or order their dismissal by a vote
of majority of the Members who actually took part in the deliberations on the
issues in the case and voted in thereon.
Section 12. The Members of
the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative function.
Section 13. The conclusions
of the Supreme Court in any case submitted to it for the decision en banc or in
division shall be reached in consultation before the case the case assigned to
a Member for the writing of the opinion of the Court. A certification to this
effect signed by the Chief Justice shall be issued and a copy thereof attached
to the record of the case and served upon the parties. Any Member who took no
part, or dissented, or abstained from a decision or resolution must state the
reason therefor. The same requirements shall be observed by all lower
collegiate court.
Section 14. No decision shall
be rendered by any court without expressing therein clearly and distinctly the
facts and the law on which it is based.
No petition
for review or motion for reconsideration of a decision of the court shall be
refused due course or denied without stating the legal basis therefor.
Section 15.
- All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.
- A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.
- Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.
- Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.
Section 16. The Supreme Court
shall, within thirty days from the opening of each regular session of the
Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.
ARTICLE IX
CONSTITUTIONAL COMMISSION
A. COMMON PROVISIONS
Section 1. The Constitutional
Commissions, which shall be independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
Section 2. No member of a
Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the
active management or control of any business which, in any way, may be affected
by the functions of his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any franchise or privilege
granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or
their subsidiaries.
Section 3. The salary of the
Chairman and the Commissioners shall be fixed by law and shall not be decreased
during their tenure.
Section 4. The Constitutional
Commissions shall appoint their officials and employees in accordance with law.
Section 5. The Commission
shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released.
Section 6. Each Commission en
banc may promulgate its own rules concerning pleadings and practice before it
or before any of its offices. Such rules, however, shall not diminish,
increase, or modify substantive rights.
Section 7. Each Commission
shall decide by a majority vote of all its Members, any case or matter brought
before it within sixty days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision or resolution upon
the filing of the last pleading, brief, or memorandum required by the rules of
the Commission or by the Commission itself. Unless otherwise provided by this
Constitution or by law, any decision, order, or ruling of each Commission may
be brought to the Supreme Court on certiorari by the aggrieved party within
thirty days from receipt of a copy thereof.
Section 8. Each Commission
shall perform such other functions as may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 1.
- The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.
- The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
Section 2.
- The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.
- Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.
- No officer or employee of the civil service shall be removed or suspended except for cause provided by law.
- No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.
- The right to self-organization shall not be denied to government employees.
- Temporary employees of the Government shall be given such protection as may be provided by law.
Section 3. The Civil Service
Commission, as the central personnel agency of the Government, shall establish
a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. It shall
strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability. It shall submit to the
President and the Congress an annual report on its personnel programs.
Section 4. All public
officers and employees shall take an oath or affirmation to uphold and defend
this Constitution.
Section 5. The Congress shall
provide for the standardization of compensation of government officials and
employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities pertaining
to, and the qualifications required for, their positions.
Section 6. No candidate who
has lost in any election, shall within one year after such election, be
appointed to any office in the Government or any Government-owned or controlled
corporations or in any of their subsidiaries.
Section 7. No elective
official shall be eligible for appointment or designation in any capacity to
any public office or position during his tenure.
Unless
otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the Government
or any subdivision, agency or instrumentality thereof, including
Government-owned or controlled corporations or their subsidiaries.
Section 8. No elective or
appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept
without the consent of the Congress, any present, emolument, office, or title
of any kind from any foreign government.
Pensions or
gratuities shall not be considered as additional, double, or indirect
compensation.
C. THE COMMISSION ON ELECTIONS
Section 1.
- There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.
- The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
Section 2. The Commission on
Elections shall exercise the following powers and functions:
- Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
- Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall be final,
executory, and not appealable.
- Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
- Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
- Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to
elections, constitute interference in national affairs, and, when accepted,
shall be an additional ground for the cancellation of their registration with
the Commission, in addition to other penalties that may be prescribed by law.
- File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
- Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
- Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.
- Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.
Section 3. The Commission on
Elections may sit en banc or in two divisions, and shall promulgate its rules
of procedure in order to expedite disposition of election cases, including pre-
proclamation controversies. All such election cases shall be heard and decided
in division, provided that motions for reconsideration of decisions shall be
decided by the Commission en banc.
Section 4. The Commission
may, during the election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of transportation
and other public utilities, media of communication or information, all grants,
special privileges, or concessions granted by the Government or any
subdivision, agency, or instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such supervision or regulation
shall aim to ensure equal opportunity, time, and space ,and the right to reply,
including reasonable, equal rates therefor, for public information campaigns
and forums among candidates in connection with the objective of holding free,
orderly, honest, peaceful, and credible elections.
Section 5. No pardon,
amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.
Section 6. A free and open
party system shall be allowed to evolve according to the free choice of the
people, subject to the provisions of this Article.
Section 7. No votes cast in
favor of a political party, organization, or coalition shall be valid, except
for those registered under the party-list system as provided in this
Constitution.
Section 8. Political parties,
or organizations or coalitions registered under the party-list system, shall
not be represented in the voters' registration boards, boards of election
inspectors, boards of canvassers, or other similar bodies. However, they shall
be entitled to appoint poll watchers in accordance with law.
Section 9. Unless otherwise
fixed by the Commission in special cases, the election period shall commence
ninety days before the day of election and shall end thirty days thereafter.
Section 10. Bona fide
candidates for any public office shall be free from any form of harassment and
discrimination.
Section 11. Funds certified
by the Commission as necessary to defray the expenses for holding regular and
special elections, plebiscites, initiatives, referenda, and recalls, shall be
provided in the regular or special appropriations and, once approved, shall be
released automatically upon certification by the Chairman of the Commission
D. THE COMMISSION ON AUDIT
Section 1.
- There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.
- The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.
Section 2.
- The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with original charters, and on a post- audit basis:
- constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution;
- autonomous state colleges and universities;
- other government-owned or controlled corporations and their subsidiaries; and
- such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.
- The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.
Section 3. No law shall be
passed exempting any entity of the Government or its subsidiaries in any guise
whatever, or any investment of public funds, from the jurisdiction of the
Commission on Audit.
Section 4. The Commission
shall submit to the President and the Congress, within the time fixed by law,
an annual report covering the financial condition and operation of the
Government, its subdivisions, agencies, and instrumentalities, including
government-owned or controlled corporations, and non-governmental entities
subject to its audit, and recommend measures necessary to improve their
effectiveness and efficiency. It shall submit such other reports as may be
required by law.
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 1. The territorial
and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as hereinafter provided.
Section 2. The territorial
and political subdivisions shall enjoy local autonomy.
Section 3. The Congress shall
enact a local government code which shall provide for a more responsive and
accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of
local officials, and all other matters relating to the organization and
operation of the local units.
Section 4. The President of
the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays, shall ensure that the acts
of their component units are within the scope of their prescribed powers and
functions.
Section 5. Each local
government unit shall have the power to create its own sources of revenues and
to levy taxes, fees and charges subject to such guidelines and limitations as
the Congress may provide, consistent with the basic policy of local autonomy.
Such taxes, fees, and charges shall accrue exclusively to the local
governments.
Section 6. Local government
units shall have a just share, as determined by law, in the national taxes
which shall be automatically released to them.
Section 7. Local governments
shall be entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by way of
direct benefits.
Section 8. The term of office
of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for
more than three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected.
Section 9. Legislative bodies
of local governments shall have sectoral representation as may be prescribed by
law.
Section 10. No province,
city, municipality, or barangay may be created, divided, merged, abolished, or
its boundary substantially altered, except in accordance with the criteria
established in the local government code and subject to approval by a majority
of the votes cast in a plebiscite in the political units directly affected.
Section 11. The Congress may,
by law, create special metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The component cities and
municipalities shall retain their basic autonomy and shall be entitled to their
own local executive and legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be created shall be limited to basic
services requiring coordination.
Section 12. Cities that are
highly urbanized, as determined by law, and component cities whose charters
prohibit their voters from voting for provincial elective officials, shall be
independent of the province. The voters of component cities within a province,
whose charters contain no such prohibition, shall not be deprived of their
right to vote for elective provincial officials.
Section 13. Local government
units may group themselves, consolidate or coordinate their efforts, services,
and resources for purposes commonly beneficial to them in accordance with law.
Section 14. The President
shall provide for regional development councils or other similar bodies
composed of local government officials, regional heads of departments and other
government offices, and representatives from non-governmental organizations
within the regions for purposes of administrative decentralization to
strengthen the autonomy of the units therein and to accelerate the economic and
social growth and development of the units in the region.
AUTONOMOUS REGIONS
Section 15. There shall be
created autonomous regions in Muslim Mindanao and in the Cordilleras consisting
of provinces, cities, municipalities, and geographical areas sharing common and
distinctive historical and cultural heritage, economic and social structures,
and other relevant characteristics within the framework of this Constitution
and the national sovereignty as well as territorial integrity of the Republic
of the Philippines.
Section 16. The President
shall exercise general supervision over autonomous regions to ensure that laws
are faithfully executed.
Section 17. All powers,
functions, and responsibilities not granted by this Constitution or by law to
the autonomous regions shall be vested in the National Government.
Section 18. The Congress
shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of
representatives appointed by the President from a list of nominees from
multi-sectoral bodies. The organic act shall define the basic structure of
government for the region consisting of the executive department and
legislative assembly, both of which shall be elective and representative of the
constituent political units. The organic acts shall likewise provide for
special courts with personal, family, and property law jurisdiction consistent
with the provisions of this Constitution and national laws.
The creation
of the autonomous region shall be effective when approved by majority of the
votes cast by the constituent units in a plebiscite called for the purpose,
provided that only provinces, cities, and geographic areas voting favorably in
such plebiscite shall be included in the autonomous region.
Section 19. The first
Congress elected under this Constitution shall, within eighteen months from the
time of organization of both Houses, pass the organic acts for the autonomous
regions in Muslim Mindanao and the Cordilleras.
Section 20. Within its
territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions shall provide for
legislative powers over:
- Administrative organization;
- Creation of sources of revenues;
- Ancestral domain and natural resources;
- Personal, family, and property relations;
- Regional urban and rural planning development;
- Economic, social, and tourism development;
- Educational policies;
- Preservation and development of the cultural heritage; and
- Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
Section 21. The preservation
of peace and order within the regions shall be the responsibility of the local
police agencies which shall be organized, maintained, supervised, and utilized
in accordance with applicable laws. The defense and security of the regions
shall be the responsibility of the National Government.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a
public trust. Public officers and employees must, at all times, be accountable
to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency; act with patriotism and justice, and lead modest lives.
Section 2. The President, the
Vice-President, the Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may be removed from
office as provided by law, but not by impeachment.
Section 3.
- The House of Representatives shall have the exclusive power to initiate all cases of impeachment.
- A verified complaint for impeachment may be filed by any Member of the House of Representatives or by any citizen upon a resolution or endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.
- A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.
- In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.
- No impeachment proceedings shall be initiated against the same official more than once within a period of one year.
- The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.
- Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.
- The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.
Section 4. The present
anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.
Section 5. There is hereby
created the independent Office of the Ombudsman, composed of the Ombudsman to
be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment
may likewise be appointed.
Section 6. The officials and
employees of the Office of the Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil Service Law.
Section 7. The existing
Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It
shall continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman created
under this Constitution.
Section 8. The Ombudsman and
his Deputies shall be natural-born citizens of the Philippines, and at the time
of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been candidates
for any elective office in the immediately preceding election. The Ombudsman
must have, for ten years or more, been a judge or engaged in the practice of
law in the Philippines.
During their
tenure, they shall be subject to the same disqualifications and prohibitions as
provided for in Section 2 of Article 1X-A of this Constitution.
Section 9. The Ombudsman and
his Deputies shall be appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and from a list of three
nominees for every vacancy thereafter. Such appointments shall require no confirmation.
All vacancies shall be filled within three months after they occur.
Section 10. The Ombudsman and
his Deputies shall have the rank of Chairman and Members, respectively, of the
Constitutional Commissions, and they shall receive the same salary which shall
not be decreased during their term of office.
Section 11. The Ombudsman and
his Deputies shall serve for a term of seven years without reappointment. They
shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.
Section 12. The Ombudsman and
his Deputies, as protectors of the people, shall act promptly on complaints
filed in any form or manner against public officials or employees of the
Government, or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the result thereof.
Section 13. The Office of the
Ombudsman shall have the following powers, functions, and duties:
- Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.
- Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.
- Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.
- Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.
- Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.
- Publicize matters covered by its investigation when circumstances so warrant and with due prudence.
- Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.
- Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law.
Section 14. The Office of the
Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall
be automatically and regularly released.
Section 15. The right of the
State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred
by prescription, laches, or estoppel.
Section 16. No loan,
guaranty, or other form of financial accommodation for any business purpose may
be granted, directly or indirectly, by any government-owned or controlled bank
or financial institution to the President, the Vice-President, the Members of
the Cabinet, the Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or entity in which they have
controlling interest, during their tenure.
Section 17. A public officer
or employee shall, upon assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his assets, liabilities,
and net worth. In the case of the President, the Vice-President, the Members of
the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions
and other constitutional offices, and officers of the armed forces with general
or flag rank, the declaration shall be disclosed to the public in the manner
provided by law.
Section 18. Public officers
and employees owe the State and this Constitution allegiance at all times and
any public officer or employee who seeks to change his citizenship or acquire
the status of an immigrant of another country during his tenure shall be dealt
with by law.
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Section 1. The goals of the
national economy are a more equitable distribution of opportunities, income,
and wealth; a sustained increase in the amount of goods and services produced
by the nation for the benefit of the people; and an expanding productivity as
the key to raising the quality of life for all, especially the underprivileged.
The State
shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full of efficient
use of human and natural resources, and which are competitive in both domestic
and foreign markets. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
In the
pursuit of these goals, all sectors of the economy and all region s of the
country shall be given optimum opportunity to develop. Private enterprises,
including corporations, cooperatives, and similar collective organizations,
shall be encouraged to broaden the base of their ownership.
Section 2. All lands of the
public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the exception
of agricultural lands, all other natural resources shall not be alienated. The
exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly undertake
such activities, or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or corporations or
associations at least 60 per centum of whose capital is owned by such citizens.
Such agreements may be for a period not exceeding twenty-five years, renewable
for not more than twenty-five years, and under such terms and conditions as may
provided by law. In cases of water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of waterpower,
beneficial use may be the measure and limit of the grant.
The State
shall protect the nations marine wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and reserve its use and enjoyment exclusively
to Filipino citizens.
The Congress
may, by law, allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fish workers in rivers, lakes, bays, and lagoons.
The
President may enter into agreements with foreign-owned corporations involving
either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In
such agreements, the State shall promote the development and use of local
scientific and technical resources.
The
President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
Section 3. Lands of the
public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further
classified by law according to the uses to which they may be devoted. Alienable
lands of the public domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five years, renewable
for not more than twenty-five years, and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares thereof, by purchase,
homestead, or grant.
Taking into
account the requirements of conservation, ecology, and development, and subject
to the requirements of agrarian reform, the Congress shall determine, by law,
the size of lands of the public domain which may be acquired, developed, held,
or leased and the conditions therefor.
Section 4. The Congress
shall, as soon as possible, determine, by law, the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be conserved and may not
be increased nor diminished, except by law. The Congress shall provide for such
period as it may determine, measures to prohibit logging in endangered forests
and watershed areas.
Section 5. The State, subject
to the provisions of this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.
The Congress
may provide for the applicability of customary laws governing property rights
or relations in determining the ownership and extent of ancestral domain.
Section 6. The use of
property bears a social function, and all economic agents shall contribute to
the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to
own, establish, and operate economic enterprises, subject to the duty of the
State to promote distributive justice and to intervene when the common good so
demands.
Section 7. Save in cases of
hereditary succession, no private lands shall be transferred or conveyed except
to individuals, corporations, or associations qualified to acquire or hold
lands of the public domain.
Section 8. Notwithstanding
the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law.
Section 9. The Congress may
establish an independent economic and planning agency headed by the President,
which shall, after consultations with the appropriate public agencies, various
private sectors, and local government units, recommend to Congress, and implement
continuing integrated and coordinated programs and policies for national
development.
Until the
Congress provides otherwise, the National Economic and Development Authority
shall function as the independent planning agency of the government.
Section 10. The Congress
shall, upon recommendation of the economic and planning agency, when the
national interest dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of whose capital is
owned by such citizens, or such higher percentage as Congress may prescribe,
certain areas of investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose capital is wholly
owned by Filipinos.
In the grant
of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos.
The State
shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities.
Section 11. No franchise,
certificate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to
corporations or associations organized under the laws of the Philippines, at
least sixty per centum of whose capital is owned by such citizens; nor shall
such franchise, certificate, or authorization be exclusive in character or for
a longer period than fifty years. Neither shall any such franchise or right be
granted except under the condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the common good so requires. The
State shall encourage equity participation in public utilities by the general
public. The participation of foreign investors in the governing body of any
public utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or
association must be citizens of the Philippines.
Section 12. The State shall
promote the preferential use of Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make them competitive.
Section 13. The State shall
pursue a trade policy that serves the general welfare and utilizes all forms
and arrangements of exchange on the basis of equality and reciprocity.
Section 14. The sustained
development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical
manpower and skilled workers and craftsmen in all fields shall be promoted by
the State. The State shall encourage appropriate technology and regulate its
transfer for the national benefit. The practice of all professions in the
Philippines shall be limited to Filipino citizens, save in cases prescribed by
law.
Section 15. The Congress
shall create an agency to promote the viability and growth of cooperatives as
instruments for social justice and economic development.
Section 16. The Congress
shall not, except by general law, provide for the formation, organization, or
regulation of private corporations. Government-owned or controlled corporations
may be created or established by special charters in the interest of the common
good and subject to the test of economic viability.
Section 17. In times of
national emergency, when the public interest so requires, the State may, during
the emergency and under reasonable terms prescribed by it, temporarily take
over or direct the operation of any privately-owned public utility or business
affected with public interest.
Section 18. The State may, in
the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership
utilities and other private enterprises to be operated by the Government.
Section 19. The State shall
regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.
Section 20. The Congress
shall establish an independent central monetary authority, the members of whose
governing board must be natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom shall come from the private
sector. They shall also be subject to such other qualifications and
disabilities as may be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall have supervision
over the operations of banks and exercise such regulatory powers as may be
provided by law over the operations of finance companies and other institutions
performing similar functions.
Until the
Congress otherwise provides, the Central Bank of the Philippines operating
under existing laws, shall function as the central monetary authority.
Section 21. Foreign loans may
only be incurred in accordance with law and the regulation of the monetary
authority. Information on foreign loans obtained or guaranteed by the
Government shall be made available to the public.
Section 22. Acts which
circumvent or negate any of the provisions of this Article shall be considered
inimical to the national interest and subject to criminal and civil sanctions,
as may be provided by law.
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall
give highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social, economic, and
political inequalities, and remove cultural inequities by equitably diffusing wealth
and political power for the common good.
To this end,
the State shall regulate the acquisition, ownership, use, and disposition of
property and its increments.
Section 2. The promotion of
social justice shall include the commitment to create economic opportunities
based on freedom of initiative and self-reliance.
LABOR
Section 3. The State shall
afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.
It shall
guarantee the rights of all workers to self-organization, collective bargaining
and negotiations, and peaceful concerted activities, including the right to
strike in accordance with law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage. They shall also participate in
policy and decision-making processes affecting their rights and benefits as may
be provided by law.
The State
shall promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual compliance therewith to
foster industrial peace.
The State
shall regulate the relations between workers and employers, recognizing the
right of labor to its just share in the fruits of production and the right of
enterprises to reasonable returns to investments, and to expansion and growth.
AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall,
by law, undertake an agrarian reform program founded on the right of farmers
and regular farmworkers who are landless, to own directly or collectively the
lands they till or, in the case of other farmworkers, to receive a just share
of the fruits thereof. To this end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to such priorities and
reasonable retention limits as the Congress may prescribe, taking into account
ecological, developmental, or equity considerations, and subject to the payment
of just compensation. In determining retention limits, the State shall respect
the right of small landowners. The State shall further provide incentives for
voluntary land-sharing.
Section 5. The State shall
recognize the right of farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers' organizations to participate in
the planning, organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research, and
adequate financial, production, marketing, and other support services.
Section 6. The State shall
apply the principles of agrarian reform or stewardship, whenever applicable in
accordance with law, in the disposition or utilization of other natural
resources, including lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own agricultural
estates which shall be distributed to them in the manner provided by law.
Section 7. The State shall
protect the rights of subsistence fishermen, especially of local communities,
to the preferential use of the communal marine and fishing resources, both
inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing
assistance, and other services. The State shall also protect, develop, and
conserve such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization of marine and fishing
resources.
Section 8. The State shall
provide incentives to landowners to invest the proceeds of the agrarian reform
program to promote industrialization, employment creation, and privatization of
public sector enterprises. Financial instruments used as payment for their
lands shall be honored as equity in enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall,
by law, and for the common good, undertake, in cooperation with the private
sector, a continuing program of urban land reform and housing which will make
available at affordable cost, decent housing and basic services to under-privileged
and homeless citizens in urban centers and resettlement areas. It shall also
promote adequate employment opportunities to such citizens. In the
implementation of such program the State shall respect the rights of small
property owners.
Section 10. Urban or rural
poor dwellers shall not be evicted nor their dwelling demolished, except in
accordance with law and in a just and humane manner.
No
resettlement of urban or rural dwellers shall be undertaken without adequate
consultation with them and the communities where they are to be relocated.
HEALTH
Section 11. The State shall
adopt an integrated and comprehensive approach to health development which
shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the
needs of the under-privileged, sick, elderly, disabled, women, and children.
The State shall endeavor to provide free medical care to paupers.
Section 12. The State shall
establish and maintain an effective food and drug regulatory system and
undertake appropriate health, manpower development, and research, responsive to
the country's health needs and problems.
Section 13. The State shall
establish a special agency for disabled person for their rehabilitation,
self-development, and self-reliance, and their integration into the mainstream
of society.
WOMEN
Section 14. The State shall
protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their
full potential in the service of the nation.
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
Section 15. The State shall
respect the role of independent people's organizations to enable the people to
pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.
People's
organizations are bona fide associations of citizens with demonstrated capacity
to promote the public interest and with identifiable leadership, membership,
and structure.
Section 16. The right of the
people and their organizations to effective and reasonable participation at all
levels of social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the establishment of adequate
consultation mechanisms.
HUMAN RIGHTS
Section 17.
- There is hereby created an independent office called the Commission on Human Rights.
- The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.
- Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.
- The approved annual appropriations of the Commission shall be automatically and regularly released.
Section 18. The Commission on
Human Rights shall have the following powers and functions:
- Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
- Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;
- Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection;
- Exercise visitorial powers over jails, prisons, or detention facilities;
- Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;
- Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
- Monitor the Philippine Government's compliance with international treaty obligations on human rights;
- Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
- Request the assistance of any department, bureau, office, or agency in the performance of its functions;
- Appoint its officers and employees in accordance with law; and
- Perform such other duties and functions as may be provided by law.
Section 19. The Congress may
provide for other cases of violations of human rights that should fall within
the authority of the Commission, taking into account its recommendations.
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND
SPORTS
EDUCATION
Section 1. The State shall
protect and promote the right of all citizens to quality education at all
levels, and shall take appropriate steps to make such education accessible to
all.
Section 2. The State shall:
- Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;
- Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;
- Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the under-privileged;
- Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and
- Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.
Section 3.
- All educational institutions shall include the study of the Constitution as part of the curricula.
- They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.
- At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.
Section 4.
- The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.
- Educational institutions, other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions. The control and administration of educational institutions shall be vested in citizens of the Philippines.
No educational institution shall be established exclusively for aliens
and no group of aliens shall comprise more than one-third of the enrollment in
any school. The provisions of this sub section shall not apply to schools
established for foreign diplomatic personnel and their dependents and, unless
otherwise provided by law, for other foreign temporary residents.
- All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively
owned, may likewise be entitled to such exemptions, subject to the limitations
provided by law, including restrictions on dividends and provisions for
reinvestment.
- Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.
Section 5.
- the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.
- Academic freedom shall be enjoyed in all institutions of higher learning.
- Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.
- The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.
- The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.
LANGUAGE
Section 6. The national
language of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other languages.
Subject to
provisions of law and as the Congress may deem appropriate, the Government
shall take steps to initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in the educational
system.
Section 7. For purposes of
communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.
The regional
languages are the auxiliary official languages in the regions and shall serve
as auxiliary media of instruction therein.
Spanish and
Arabic shall be promoted on a voluntary and optional basis.
Section 8. This Constitution
shall be promulgated in Filipino and English and shall be translated into major
regional languages, Arabic, and Spanish.
Section 9. The Congress shall
establish a national language commission composed of representatives of various
regions and disciplines which shall undertake, coordinate, and promote
researches for the development, propagation, and preservation of Filipino and other
languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and
technology are essential for national development and progress. The State shall
give priority to research and development, invention, innovation, and their
utilization; and to science and technology education, training, and services.
It shall support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the country's productive
systems and national life.
Section 11. The Congress may
provide for incentives, including tax deductions, to encourage private
participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to
deserving science students, researchers, scientists, inventors, technologists,
and specially gifted citizens.
Section 12. The State shall
regulate the transfer and promote the adaptation of technology from all sources
for the national benefit. It shall encourage the widest participation of
private groups, local governments, and community-based organizations in the generation
and utilization of science and technology.
Section 13. The State shall
protect and secure the exclusive rights of scientists, inventors, artists, and
other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period as may be provided
by law.
ARTS AND CULTURE
Section 14. The State shall
foster the preservation, enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in diversity in a climate of
free artistic and intellectual expression.
Section 15. Arts and letters
shall enjoy the patronage of the State. The State shall conserve, promote, and
popularize the nation's historical and cultural heritage and resources, as well
as artistic creations.
Section 16. All the country's
artistic and historic wealth constitutes the cultural treasure of the nation
and shall be under the protection of the State which may regulate its
disposition.
Section 17. The State shall
recognize, respect, and protect the rights of indigenous cultural communities
to preserve and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and policies.
Section 18.
- The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.
- The State shall encourage and support researches and studies on the arts and culture.
SPORTS
Section 19.
- The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.
- All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.
ARTICLE XV
THE FAMILY
Section 1. The State
recognizes the Filipino family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as an
inviolable social institution, is the foundation of the family and shall be
protected by the State.
Section 3. The State shall
defend:
- The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;
- The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;
The right of the family to a family living wage and income; and
- The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.
Section 4. The family has the
duty to care for its elderly members but the State may also do so through just
programs of social security.
ARTICLE XVI
GENERAL PROVISIONS
Section 1. The flag of the
Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.
Section 2. The Congress may,
by law, adopt a new name for the country, a national anthem, or a national
seal, which shall all be truly reflective and symbolic of the ideals, history,
and traditions of the people. Such law shall take effect only upon its ratification
by the people in a national referendum.
Section 3. The State may not
be sued without its consent.
Section 4. The Armed Forces
of the Philippines shall be composed of a citizen armed force which shall
undergo military training and serve as may be provided by law. It shall keep a
regular force necessary for the security of the State.
Section 5.
- All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution.
- The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty.
- Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics. No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.
- No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries.
- Laws on retirement of military officers shall not allow extension of their service.
- The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.
- The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.
Section 6. The State shall
establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a national police
commission. The authority of local executives over the police units in their
jurisdiction shall be provided by law.
Section 7. The State shall
provide immediate and adequate care, benefits, and other forms of assistance to
war veterans and veterans of military campaigns, their surviving spouses and
orphans. Funds shall be provided therefor and due consideration shall be given
them in the disposition of agricultural lands of the public domain and, in
appropriate cases, in the utilization of natural resources.
Section 8. The State shall,
from time to time, review to increase the pensions and other benefits due to
retirees of both the government and the private sectors.
Section 9. The State shall
protect consumers from trade malpractices and from substandard or hazardous
products.
Section 10. The State shall
provide the policy environment for the full development of Filipino capability
and the emergence of communication structures suitable to the needs and
aspirations of the nation and the balanced flow of information into, out of,
and across the country, in accordance with a policy that respects the freedom
of speech and of the press.
Section 11.
- The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass
media when the public interest so requires. No combinations in restraint of
trade or unfair competition therein shall be allowed.
- The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.
Only Filipino citizens or corporations or associations at least seventy
per centum of the capital of which is owned by such citizens shall be allowed
to engage in the advertising industry.
The participation of foreign investors in the governing body of entities
in such industry shall be limited to their proportionate share in the capital
thereof, and all the executive and managing officers of such entities must be
citizens of the Philippines.
Section 12. The Congress may
create a consultative body to advise the President on policies affecting
indigenous cultural communities, the majority of the members of which shall
come from such communities.
ARTICLE XVII
AMENDMENTS OR REVISIONS
Section 1. Any amendment to,
or revision of, this Constitution may be proposed by:
- The Congress, upon a vote of three-fourths of all its Members; or
- A constitutional convention.
Section 2. Amendments to this
Constitution may likewise be directly proposed by the people through initiative
upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least
three per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification of
this Constitution nor oftener than once every five years thereafter.
The Congress
shall provide for the implementation of the exercise of this right.
Section 3. The Congress may,
by a vote of two-thirds of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to the electorate the question
of calling such a convention.
Section 4.Any amendment to, or
revision of, this Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the approval of
such amendment or revision.
Any
amendment under Section 2 hereof shall be valid when ratified by a majority of
the votes cast in a plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the certification by the Commission on
Elections of the sufficiency of the petition.
ARTICLE XVIII
TRANSITORY PROVISIONS
Section 1. The first
elections of Members of the Congress under this Constitution shall be held on
the second Monday of May, 1987.
The first
local elections shall be held on a date to be determined by the President,
which may be simultaneous with the election of the Members of the Congress. It
shall include the election of all Members of the city or municipal councils in
the Metropolitan Manila area.
Section 2. The Senators,
Members of the House of Representatives, and the local officials first elected
under this Constitution shall serve until noon of June 30, 1992.
Of the
Senators elected in the elections in 1992, the first twelve obtaining the
highest number of votes shall serve for six years and the remaining twelve for
three years.
Section 3. All existing laws,
decrees, executive orders, proclamations, letters of instructions, and other
executive issuances not inconsistent with this Constitution shall remain
operative until amended, repealed, or revoked.
Section 4. All existing
treaties or international agreements which have not been ratified shall not be
renewed or extended without the concurrence of at least two-thirds of all the
Members of the Senate.
Section 5. The six-year term
of the incumbent President and Vice-President elected in the February 7, 1986
election is, for purposes of synchronization of elections, hereby extended to
noon of June 30, 1992.
The first
regular elections for the President and Vice-President under this Constitution
shall be held on the second Monday of May, 1992.
Section 6. The incumbent
President shall continue to exercise legislative powers until the first
Congress is convened.
Section 7. Until a law is
passed, the President may fill by appointment from a list of nominees by the
respective sectors, the seats reserved for sectoral representation in paragraph
(2), Section 5 of Article V1 of this Constitution.
Section 8. Until otherwise
provided by the Congress, the President may constitute the Metropolitan Manila
Authority to be composed of the heads of all local government units comprising
the Metropolitan Manila area.
Section 9. A sub-province
shall continue to exist and operate until it is converted into a regular
province or until its component municipalities are reverted to the mother
province.
Section 10. All courts
existing at the time of the ratification of this Constitution shall continue to
exercise their jurisdiction, until otherwise provided by law. The provisions of
the existing Rules of Court, judiciary acts, and procedural laws not inconsistent
with this Constitution shall remain operative unless amended or repealed by the
Supreme Court or the Congress.
Section 11. The incumbent
Members of the Judiciary shall continue in office until they reach the age of
seventy years or become incapacitated to discharge the duties of their office
or are removed for cause.
Section 12. The Supreme Court
shall, within one year after the ratification of this Constitution, adopt a
systematic plan to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted for all special courts and
quasi-judicial bodies.
Section 13. The legal effect
of the lapse, before the ratification of this Constitution, of the applicable
period for the decision or resolution of the cases or matters submitted for
adjudication by the courts, shall be determined by the Supreme Court as soon as
practicable.
Section 14. The provisions of
paragraphs (3) and (4), Section 15 of Article VIII of this Constitution shall
apply to cases or matters filed before the ratification of this Constitution,
when the applicable period lapses after such ratification.
Section 15. The incumbent
Members of the Civil Service Commission, the Commission on Elections, and the
Commission on Audit shall continue in office for one year after the
ratification of this Constitution, unless they are sooner removed for cause or
become incapacitated to discharge the duties of their office or appointed to a
new term thereunder. In no case shall any Member serve longer than seven years
including service before the ratification of this Constitution.
Section 16. Career civil
service employees separated from the service not for cause but as a result of
the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this Constitution shall be entitled
to appropriate separation pay and to retirement and other benefits accruing to
them under the laws of general application in force at the time of their
separation. In lieu thereof, at the option of the employees, they may be
considered for employment in the Government or in any of its subdivisions,
instrumentalities, or agencies, including government-owned or controlled
corporations and their subsidiaries. This provision also applies to career
officers whose resignation, tendered in line with the existing policy, had been
accepted.
Section 17. Until the
Congress provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of the Senate,
the Speaker of the House of Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand pesos each; the Senators, the Members
of the House of Representatives, the Associate Justices of the Supreme Court,
and the Chairmen of the Constitutional Commissions, two hundred four thousand
pesos each; and the Members of the Constitutional Commissions, one hundred
eighty thousand pesos each.
Section 18. At the earliest
possible time, the Government shall increase the salary scales of the other
officials and employees of the National Government.
Section 19. All properties,
records, equipment, buildings, facilities, and other assets of any office or
body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or
this Constitution shall be transferred to the office or body to which its powers,
functions, and responsibilities substantially pertain.
Section 20. The first
Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.
Section 21. The Congress
shall provide efficacious procedures and adequate remedies for the reversion to
the State of all lands of the public domain and real rights connected therewith
which were acquired in violation of the Constitution or the public land laws,
or through corrupt practices. No transfer or disposition of such lands or real
rights shall be allowed until after the lapse of one year from the ratification
of this Constitution.
Section 22. At the earliest
possible time, the Government shall expropriate idle or abandoned agricultural
lands as may be defined by law, for distribution to the beneficiaries of the
agrarian reform program.
Section 23. Advertising
entities affected by paragraph (2), Section 11 of Article XV1 of this
Constitution shall have five years from its ratification to comply on a
graduated and proportionate basis with the minimum Filipino ownership
requirement therein.
Section 24. Private armies
and other armed groups not recognized by duly constituted authority shall be
dismantled. All paramilitary forces including Civilian Home Defense Forces not
consistent with the citizen armed force established in this Constitution, shall
be dissolved or, where appropriate, converted into the regular force.
Section 25. After the
expiration in 1991 of the Agreement between the Republic of the Philippines and
the United States of America concerning military bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except under a treaty
duly concurred in by the Senate and, when the Congress so requires, ratified by
a majority of the votes cast by the people in a national referendum held for
that purpose, and recognized as a treaty by the other contracting State.
Section 26. The authority to
issue sequestration or freeze orders under Proclamation No. 3 dated March 25,
1986 in relation to the recovery of ill-gotten wealth shall remain operative
for not more than eighteen months after the ratification of this Constitution.
However, in the national interest, as certified by the President, the Congress
may extend such period.
A
sequestration or freeze order shall be issued only upon showing of a prima
facie case. The order and the list of the sequestered or frozen properties
shall forthwith be registered with the proper court. For orders issued before
the ratification of this Constitution, the corresponding judicial action or
proceeding shall be filed within six months from its ratification. For those
issued after such ratification, the judicial action or proceeding shall be
commenced within six months from the issuance thereof.
The
sequestration or freeze order is deemed automatically lifted if no judicial
action or proceeding is commenced as herein provided.
Section 27. This Constitution
shall take effect immediately upon its ratification by a majority of the votes
cast in a plebiscite held for the purpose and shall supersede all previous
Constitutions.
The
foregoing proposed Constitution of the Republic of the Philippines was approved
by the Constitutional Commission of 1986 on the twelfth day of October,
Nineteen hundred and eighty-six, and accordingly signed on the fifteenth day of
October, Nineteen hundred and eighty-six at the Plenary Hall, National
Government Center, Quezon City, by the Commissioners whose signatures are
hereunder affixed.
Adopted:
President
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: Cecilia Munoz Palma
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Vice-President
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: Ambrosio B. Padilla
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Floor Leader
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: Napoleon G. Rama
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Assistant Floor Leaders
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: Ahmad Domocao Alonto
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: Jose D. Calderon
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Yusuf R. Abubakar
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Felicitas S. Aquino
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Adolfo S. Azcuna
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Teodoro C. Bacani
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Jose F. S. Bengzon, Jr.
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Ponciano L. Bennagen
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Joaquin G. Bernas
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Florangel Rosario Braid
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Crispino M. de Castro
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Jose C. Colayco
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Roberto R. Concepcion
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Hilario G. Davide, Jr.
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Vicente B. Foz
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Edmundo G. Garcia
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Jose Luis Martin C. Gascon
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Serafin V.C. Guingona
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Alberto M. K. Jamir
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Jose B. Laurel, Jr.
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Eulogio R. Lerum
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Regalado E. Maambong
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Christian S. Monsod
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Teodulo C. Natividad
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Ma. Teresa F. Nieva
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Jose N. Nolledo
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Blas F. Ople
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Minda Luz M. Quesada
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Florenz D. Regalado
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Rustico F. de los Reyes, Jr.
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Cirilo A. Rigos
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Francisco A. Rodrigo
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Ricardo J. Romulo
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Decoroso R. Rosales
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Rene V. Sarmiento
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Jose E. Suarez
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Lorenzo M. Sumulong
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Jaime S. L. Tadeo
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Christine O. Tan
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Gregorio J. Tingson
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Efrain B. Trenas
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Lugum L. Uka
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Wilfrido V. Villacorta
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Bernardo M. Villegas
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Attested by :
Flerida Ruth P. Romero
Secretary-General
ORDINANCE
APPORTIONING THE SEATS OF THE HOUSE OF
REPRESENTATIVES
OF THE CONGRESS OF THE PHILIPPINES TO THE DIFFERENT
LEGISLATIVE DISTRICTS
IN PROVINCES AND CITIES AND THE METROPOLITAN MANILA AREA
Section 1. For purposes of
the election of Members of the House of Representatives of the First Congress
of the Philippines under the Constitution proposed by the 1986 Constitutional
Commission and subsequent elections, and until otherwise provided by law, the
Members thereof shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila Area as follows:
Metropolitan Manila Area
MANILA, six (6) -
First District: Barangays Nos.1-146,
- N-City Boundary between Manila and Caloocan;
- E - From Estero de Sunog Apog going South to Estero de Vitas up to the bridge spanning Juan Luna Street, eastward to Tayuman Street up to the Railroad Tracks along Dagupan Street,thence southward to Claro M. Recto Avenue;
- SE - From point Claro M. Recto Avenue extending westward to Manila Bay;
- W - Manila Bay northward to City boundary between Manila and Caloocan.
Second District: Barangays Nos. 147-267,
- N - City boundary between Manila and Caloocan;
- E - From end of Rizal Avenue Extension extending southward to Railroad Tracks at Antipolo Street; from corner Antipolo Street and Rizal Avenue on southern side of Railroad Tracks extending westward to Estero de San Lazaro, southward along Estero de San Lazaro up to corner of C. M. Recto Avenue westward to bridge spanning Claro M. Recto at Estero de la Reina;
- W - Estero de la Reina to Estero de Vitas to Estero Sunog Apog to City boundary between Manila and Caloocan;
Third District: Barangays Nos. 268-394,
- N - City boundary between Manila and Caloocan;
- E - A. Bonifacio Street extending southward to Dimasalang, to Anda-lucia, Claro M. Recto Avenue eastward to Estero de San Miguel ending at Pasig River;
- S - Mouth of Estero de San Miguel at Pasig River, westward to Del Pan Bridge, thence to Del Pan Street;
- W - Del Pan Street northward up to Claro M. Recto Extension to Estero de San Lazaro, northward to Antipolo Street, eastward to Rizal Avenue Extension, northward to boundary between Manila and Caloocan;
Fourth District: Barangays Nos. 395 - 586,
- SW - Estero de San Miguel up to Mendiola Bridge, thence to C. M. Recto Avenue to Quezon Boulevard;
- W - Quezon Boulevard, Andalucia, Dimasalang up to boundary between Manila and Quezon City;
- NE - City boundary between Manila and Quezon City up to Ramon Magsaysay Boulevard; SE - Ramon Magsaysay Boulevard up to V. Mapa Street;
- S - Ramon Magsaysay Boulevard up to point Estero de San Miguel where Ramon Magsaysay Boulevard spans Estero de San Miguel;
Fifth District: Barangays Nos. 649-828,
- N - Mouth of Pasig River inland to point Paz M. Guanzon Street extending to Estero de Pandacan;
- NE - Estero de Pandacan up to Pedro Gil Street to Tejeron Street up to boundary of Manila and Makati;
- SE - City boundary between Manila and Makati up to Estero de Tripa de Gallina;
- S - City boundary between Pasay and Manila down to Roxas Boulevard up to edge of reclaimed areas westward to Manila Bay;
- W - Manila Bay up to mouth of Pasig River,
Sixth District: Barangays Nos. 587-648; and 829-905
- N - Starting from point which is mouth of Estero de San Miguel going eastward to Mendiola Bridge, following line along Estero de San Miguel up to point where Ramon Magsaysay Boulevard eastward to City boundary between Manila and Quezon Cityl;
- NE - City boundary up to point city boundary of Manila, San Juan and Quezon City;
- E - Manila-San Juan-Mandaluyong-Makati boundaries up to Tejeron Street;
- SE - Tejeron Street to Pedro Gil Street up to bridge spanning Estero de Pandacan;
- SW & W - Estero de Pandacan going northward to Paz M. Guanzon Street, then northward on Paz M. Guazon Street up to Pasig River to mouth of Estero de San Miguel on Pasig River.
QUEZON CITY, four (4)
First District :
- Barangays Del Monte,
- Paltok,
- Bungad,
- San Antonio,
- Katipunan,
- Veterans Village,
- Talayan,
- Damayan,
- Mariblo,
- Paraiso,
- Sta. Cruz,
- Nayong Kanluran,
- Philam,
- West Triangle,
- N.S. Amoranto,
- San Isidro Labrador,
- Sta. Teresita,
- Salvacion,
- Maharlika,
- St. Peter,
- Lourdes,
- Sto. Domingo,
- Sienna,
- San Jose,
- Manresa,
- Pag-ibig sa Nayon,
- Balingasa,
- Masambong,
- Damar,
- Bahay Toro,
- St. Cristo,
- Ramon Magsaysay,
- Project 6,
- Vasra, Alicia,
- and Bagong Pag-asa;
Second District:
- Barangays Fairview,
- New Era,
- Holy Spirit,
- Batasan Hills,
- Commonwealth,
- Payatas,
- Bagong Silangan,
- Sauyo,
- Talipapa,
- Bagbag,
- San Bartolome,
- Sta. Lucia,
- Gulod,
- Novaliches Proper,
- San Agustin,
- Nagkaisang Nayon,
- Sta. Monica,
- Kaligayahan,
- Pasong Putik,
- Apolonio Samson,
- Unang Sigaw,
- Tandang Sora,
- Pasong Tamo,
- Culiat,
- Baesa,
- Capri,
- Balumbato, and
- Sangandaan:
Third District :
- Barangays E. Rodriguez,
- Silangan,
- Quirino 3-A,
- Duyan-Duyan,
- Quirino 3-B,
- Amihan,
- Socorro,
- San Roque,
- Manga,
- Zobel Dioquino,
- Tagumpay,
- Aguinaldo, Escopa 1,
- Escopa 2,
- Escopa 3,
- Escopa 4,
- West Kamias,
- East Kamias,
- Quirino 2 A,
- Quririno 2 B,
- Quirino 2 C,
- Ugong Norte,
- Bagumbayan, Libis,
- Villa Maria Clara,
- Masagana,
- Milagrosa,
- Marilag,
- Bagumbayan,
- Loyola Heights,
- Pansol, and
- Matandang Balara;
Fourth District:
- Barangays Bagong Lipunan,
- Kaunlaran,
- San Martin,
- Immaculate Concepcion,
- South Triangle,
- Sacred Heart,
- Laging Handa,
- Paligsahan,
- Obrero,
- Roxas, Kamuning,
- Kanluran,
- Kamuning Silangan,
- Tatalon,
- Don Manuel,
- Dona Josefa,
- San Isidro,
- Dona Aurora,
- Santo Nino,
- Santol,
- Dona Imelda,
- Kristong Hari,
- Kalusugan,
- Damayang Lagi,
- Mariana,
- Valencia,
- Horseshoe,
- Pinagkaisahan,
- San Vicente,
- U.P. Campus,
- Krus Na Ligas,
- Central,
- Old Capital Site,
- U.P. Village,
- Teacher's East,
- Teacher's West,
- Sikatuna,
- Malaya,
- Pinahan, and
- Botocan
CALOOCAN CITY, two (2) -
First District : 70 Barangays;
- All of Caloocan North EDSA;
Second District: 118 Barangays;
- All of Caloocan South EDSA.
PASAY CITY, one (1)
MALABON and NAVOTAS, one (1)
SAN JUAN and MANDALUYONG, one (1)
MARIKINA, one (1)
MAKATI, one (1)
PASIG, one (1) PARANAQUE, one (1)
LAS PINAS and MUNTINGLUPA, one (1)
PATEROS and TAGUIG, one (1)
VALENZUELA, one (1)
MEMBERS OF THE CONSTITUTIONAL COMMISSION [CON COM]
WHICH DRAFTED THE
1987 CONSTITUTION OF THE PHILIPPINES
President
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: Cecilia Munoz Palma
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Vice-President
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: Ambrosio B. Padilla
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Floor Leader
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: Napoleon G. Rama
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Assistant Floor Leaders
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: Ahmad Domocao Alonto
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: Jose D. Calderon
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Yusuf R. Abubakar
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Felicitas S. Aquino
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Adolfo S. Azcuna
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Teodoro C. Bacani
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Jose F. S. Bengzon, Jr.
|
Ponciano L. Bennagen
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Joaquin G. Bernas
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Florangel Rosario Braid
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Crispino M. de Castro
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Jose C. Colayco
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Roberto R. Concepcion
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Hilario G. Davide, Jr.
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Vicente B. Foz
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Edmundo G. Garcia
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Jose Luis Martin C. Gascon
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Serafin V.C. Guingona
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Alberto M. K. Jamir
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Jose B. Laurel, Jr.
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Eulogio R. Lerum
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Regalado E. Maambong
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Christian S. Monsod
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Teodulo C. Natividad
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Ma. Teresa F. Nieva
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Jose N. Nolledo
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Blas F. Ople
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Minda Luz M. Quesada
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Florenz D. Regalado
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Rustico F. de los Reyes, Jr.
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Cirilo A. Rigos
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Francisco A. Rodrigo
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Ricardo J. Romulo
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Decoroso R. Rosales
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Rene V. Sarmiento
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Jose E. Suarez
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Lorenzo M. Sumulong
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Jaime S. L. Tadeo
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Christine O. Tan
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Gregorio J. Tingson
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Efrain B. Trenas
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Lugum L. Uka
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Wilfrido V. Villacorta
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Bernardo M. Villegas
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Attested by
:
Flerida Ruth P. Romero
Secretary-General
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