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