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PREAMBLE under conditions provided by law, to render

personal, military or civil service.


We, the sovereign Filipino people, imploring the aid
of Almighty God, in order to build a just and Section 5. The maintenance of peace and order, the
humane society, and establish a Government that protection of life, liberty, and property, and
shall embody our ideals and aspirations, promote the promotion of the general welfare are essential for
common good, conserve and develop our the enjoyment by all the people of the blessings of
patrimony, and secure to ourselves and our democracy.
posterity, the blessings of independence and
democracy under the rule of law and a regime of Section 6. The separation of Church and State shall
truth, justice, freedom, love, equality, and peace, do be inviolable.
ordain and promulgate this Constitution.

STATE POLICIES
ARTICLE I
NATIONAL TERRITORY Section 7. The State shall pursue an independent
foreign policy. In its relations with other states, the
The national territory comprises the Philippine paramount consideration shall be national
archipelago, with all the islands and waters sovereignty, territorial integrity, national interest,
embraced therein, and all other territories over and the right to self-determination.
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and Section 8. The Philippines, consistent with the
aerial domains, including its territorial sea, the national interest, adopts and pursues a policy of
seabed, the subsoil, the insular shelves, and other freedom from nuclear weapons in its territory.
submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless Section 9. The State shall promote a just and
of their breadth and dimensions, form part of the dynamic social order that will ensure the prosperity
internal waters of the Philippines. 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
ARTICLE II for all.
DECLARATION OF PRINCIPLES AND
STATE POLICIES PRINCIPLES Section 10. The State shall promote social justice in
all phases of national development.
Section 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people Section 11. The State values the dignity of every
and all government authority emanates from them. human person and guarantees full respect for human
rights.
Section 2. The Philippines renounces war as an
instrument of national policy, adopts the generally Section 12. The State recognizes the sanctity of
accepted principles of international law as part of family life and shall protect and strengthen the
the law of the land and adheres to the policy of family as a basic autonomous social institution. It
peace, equality, justice, freedom, cooperation, and shall equally protect the life of the mother and the
amity with all nations. life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of
Section 3. Civilian authority is, at all times, supreme the youth for civic efficiency and the development
over the military. The Armed Forces of the of moral character shall receive the support of the
Philippines is the protector of the people and the Government.
State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory. Section 13. The State recognizes the vital role of the
youth in nation-building and shall promote and
Section 4. The prime duty of the Government is to protect their physical, moral, spiritual, intellectual,
serve and protect the people. The Government may and social well-being. It shall inculcate in the youth
call upon the people to defend the State and, in the patriotism and nationalism, and encourage their
fulfillment thereof, all citizens may be required, involvement in public and civic affairs.

1987 Constitution of the Philippines


Section 14. The State recognizes the role of women Section 28. Subject to reasonable conditions
in nation-building, and shall ensure the fundamental prescribed by law, the State adopts and implements
equality before the law of women and men. a policy of full public disclosure of all its
transactions involving public interest.
Section 15. The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
ARTICLE III
Section 16. The State shall protect and advance the BILL OF RIGHTS
right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of Section 1. No person shall be deprived of life,
nature. liberty, or property without due process of law, nor
shall any person be denied the equal protection of
Section 17. The State shall give priority to the laws.
education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, Section 2. The right of the people to be secure in
accelerate social progress, and promote total human their persons, houses, papers, and effects against
liberation and development. unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and
Section 18. The State affirms labor as a primary no search warrant or warrant of arrest shall issue
social economic force. It shall protect the rights of except upon probable cause to be determined
workers and promote their welfare. personally by the judge after examination under oath
or affirmation of the complainant and the witnesses
Section 19. The State shall develop a self-reliant he may produce, and particularly describing the
and independent national economy effectively place to be searched and the persons or things to be
controlled by Filipinos. seized.

Section 20. The State recognizes the indispensable Section 3.


role of the private sector, encourages private 1. The privacy of communication and
enterprise, and provides incentives to needed correspondence shall be inviolable
investments. except upon lawful order of the court, or
when public safety or order requires
Section 21. The State shall promote comprehensive otherwise, as prescribed by law.
rural development and agrarian reform. 2. Any evidence obtained in violation of
this or the preceding section shall be
Section 22. The State recognizes and promotes the inadmissible for any purpose in any
rights of indigenous cultural communities within the proceeding.
framework of national unity and development.
Section 4. No law shall be passed abridging the
Section 23. The State shall encourage non- freedom of speech, of expression, or of the press, or
governmental, community-based, or sectoral the right of the people peaceably to assemble and
organizations that promote the welfare of the nation. petition the government for redress of grievances.

Section 24. The State recognizes the vital role of Section 5. No law shall be made respecting an
communication and information in nation-building. establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of
Section 25. The State shall ensure the autonomy of religious profession and worship, without
local governments. discrimination or preference, shall forever be
allowed. No religious test shall be required for the
Section 26. The State shall guarantee equal access exercise of civil or political rights.
to opportunities for public service and prohibit
political dynasties as may be defined by law. Section 6. The liberty of abode and of changing the
same within the limits prescribed by law shall not be
Section 27. The State shall maintain honesty and impaired except upon lawful order of the court.
integrity in the public service and take positive and Neither shall the right to travel be impaired except
effective measures against graft and corruption.

1987 Constitution of the Philippines


in the interest of national security, public safety, or be bailable by sufficient sureties, or be released on
public health, as may be provided by law. recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege
Section 7. The right of the people to information on of the writ of habeas corpus is suspended. Excessive
matters of public concern shall be recognized. bail shall not be required.
Access to official records, and to documents and
papers pertaining to official acts, transactions, or Section 14.
decisions, as well as to government research data 1. No person shall be held to answer for a
used as basis for policy development, shall be criminal offense without due process of
afforded the citizen, subject to such limitations as law.
may be provided by law. 2. In all criminal prosecutions, the accused
shall be presumed innocent until the
Section 8. The right of the people, including those contrary is proved, and shall enjoy the
employed in the public and private sectors, to form right to be heard by himself and counsel,
unions, associations, or societies for purposes not to be informed of the nature and cause of
contrary to law shall not be abridged. the accusation against him, to have a
speedy, impartial, and public trial, to
Section 9. Private property shall not be taken for meet the witnesses face to face, and to
public use without just compensation. have compulsory process to secure the
attendance of witnesses and the
Section 10. No law impairing the obligation of production of evidence in his behalf.
contracts shall be passed. However, after arraignment, trial may
proceed notwithstanding the absence of
Section 11. Free access to the courts and quasi- the accused: Provided, that he has been
judicial bodies and adequate legal assistance shall duly notified and his failure to appear is
not be denied to any person by reason of poverty. unjustifiable.

Section 12. Section 15. The privilege of the writ of habeas


1. Any person under investigation for the corpus shall not be suspended except in cases of
commission of an offense shall have the invasion or rebellion, when the public safety
right to be informed of his right to requires it.
remain silent and to have competent and
independent counsel preferably of his Section 16. All persons shall have the right to a
own choice. If the person cannot afford speedy disposition of their cases before all judicial,
the services of counsel, he must be quasi-judicial, or administrative bodies.
provided with one. These rights cannot
be waived except in writing and in the Section 17. No person shall be compelled to be a
presence of counsel. witness against himself.
2. No torture, force, violence, threat,
intimidation, or any other means which Section 18.
vitiate the free will shall be used against 1. No person shall be detained solely by
him. Secret detention places, solitary, reason of his political beliefs and
incommunicado, or other similar forms aspirations.
of detention are prohibited. 2. No involuntary servitude in any form
3. Any confession or admission obtained in shall exist except as a punishment for a
violation of this or Section 17 hereof crime whereof the party shall have been
shall be inadmissible in evidence against duly convicted.
him.
4. The law shall provide for penal and civil Section 19.
sanctions for violations of this Section as 1. Excessive fines shall not be imposed, nor
well as compensation to the cruel, degrading or inhuman punishment
rehabilitation of victims of torture or inflicted. Neither shall death penalty be
similar practices, and their families. imposed, unless, for compelling reasons
involving heinous crimes, the Congress
Section 13. All persons, except those charged with hereafter provides for it. Any death
offenses punishable by reclusion perpetua when penalty already imposed shall be
evidence of guilt is strong, shall, before conviction, reduced to reclusion perpetua.

1987 Constitution of the Philippines


2. The employment of physical,
psychological, or degrading punishment ARTICLE V
against any prisoner or detainee or the SUFFRAGE
use of substandard or inadequate penal
facilities under subhuman conditions Section 1. Suffrage may be exercised by all citizens
shall be dealt with by law. of the Philippines, not otherwise disqualified by law,
who are at least eighteen years of age, and who shall
Section 20. No person shall be imprisoned for debt have resided in the Philippines for at least one year
or non-payment of a poll tax. and in the place wherein they propose to vote, for at
least six months immediately preceding the election.
Section 21. No person shall be twice put in jeopardy No literacy, property, or other substantive
of punishment for the same offense. If an act is requirement shall be imposed on the exercise of
punished by a law and an ordinance, conviction or suffrage.
acquittal under either shall constitute a bar to
another prosecution for the same act. Section 2. The Congress shall provide a system for
securing the secrecy and sanctity of the ballot as
Section 22. No ex post facto law or bill of attainder well as a system for absentee voting by qualified
shall be enacted. 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
ARTICLE IV allowed to vote under existing laws and such rules
CITIZENSHIP as the Commission on Elections may promulgate to
protect the secrecy of the ballot.
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 ARTICLE VI
Constitution; THE LEGISLATIVE DEPARTMENT
2. Those whose fathers or mothers are
citizens of the Philippines; Section 1. The legislative power shall be vested in
3. Those born before January 17, 1973, of the Congress of the Philippines which shall consist
Filipino mothers, who elect Philippine of a Senate and a House of Representatives, except
Citizenship upon reaching the age of to the extent reserved to the people by the provision
majority; and on initiative and referendum.
4. Those who are naturalized in the
accordance with law. Section 2. The Senate shall be composed of twenty-
four Senators who shall be elected at large by the
Section 2. Natural-born citizens are those who are qualified voters of the Philippines, as may be
citizens of the Philippines from birth without having provided by law.
to perform any act to acquire or perfect their
Philippine citizenship. Those who elect Philippine Section 3. No person shall be a Senator unless he is
citizenship in accordance with paragraph (3), a natural-born citizen of the Philippines and, on the
Section 1 hereof shall be deemed natural-born day of the election, is at least thirty-five years of age,
citizens. able to read and write, a registered voter, and a
resident of the
Section 3. Philippine citizenship may be lost or Philippines for not less than two years immediately
reacquired in the manner provided by law. preceding the day of the election.

Section 4. Citizens of the Philippines who marry Section 4. The term of office of the Senators shall
aliens shall retain their citizenship, unless by their be six years and shall commence, unless otherwise
act or omission they are deemed, under the law to provided by law, at noon on the thirtieth day of June
have renounced it. next following their election. No Senator shall serve
for more than two consecutive terms. Voluntary
Section 5. Dual allegiance of citizens is inimical to renunciation of the office for any length of time shall
the national interest and shall be dealt with by law. not be considered as an interruption in the continuity

1987 Constitution of the Philippines


of his service for the full term of which he was by law, at noon on the thirtieth day of June next
elected. following their election. No Member of the House
of Representatives shall serve for more than three
Section 5. consecutive terms. Voluntary renunciation of the
1. The House of Representatives shall be office for any length of time shall not be considered
composed of not more than two hundred as an interruption in the continuity of his service for
and fifty members, unless otherwise the full term for which he was elected.
fixed by law, who shall be elected from
legislative districts apportioned among Section 8. Unless otherwise provided by law, the
the provinces, cities, and the regular election of the Senators and the Members of
Metropolitan Manila area in accordance the House of Representatives shall be held on the
with the number of their respective second Monday of May.
inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as Section 9. In case of vacancy in the Senate or in the
provided by law, shall be elected through House of Representatives, a special election may be
a party-list system of registered national, called to fill such vacancy in the manner prescribed
regional, and sectoral parties or by law, but the Senator or Member of the House of
organizations. Representatives thus elected shall serve only for the
2. The party-list representatives shall unexpired term.
constitute twenty per centum of the total
number of representatives including Section 10. The salaries of Senators and Members
those under the party list. For three of the House of Representatives shall be determined
consecutive terms after the ratification of by law.
this Constitution, one-half of the seats No increase in said compensation shall take effect
allocated to party-list representatives until after the expiration of the full term of all the
shall be filled, as provided by law, by Members of the Senate and the House of
selection or election from the labor, Representatives approving such increase.
peasant, urban poor, indigenous cultural
communities, women, youth, and such Section 11. A Senator or Member of the House of
other sectors as may be provided by law, Representatives shall, in all offenses punishable by
except the religious sector. not more than six years imprisonment, be privileged
3. Each legislative district shall comprise, from arrest while the Congress is in session. No
as far as practicable, contiguous, Member shall be questioned nor be held liable in any
compact, and adjacent territory. Each other place for any speech or debate in the Congress
city with a population of at least two or in any committee thereof.
hundred fifty thousand, or each
province, shall have at least one Section 12. All Members of the Senate and the
representative. House of Representatives shall, upon assumption of
4. Within three years following the return office, make a full disclosure of their financial and
of every census, the Congress shall make business interests. They shall notify the House
a reapportionment of legislative districts concerned of a potential conflict of interest that may
based on the standards provided in this arise from the filing of a proposed legislation of
section. which they are authors.

Section 6. No person shall be a Member of the Section 13. No Senator or Member of the House of
House of Representatives unless he is a natural-born Representatives may hold any other office or
citizen of the Philippines and, on the day of the employment in the Government, or any subdivision,
election, is at least twenty-five years of age, able to agency, or instrumentality thereof, including
read and write, and, except the party-list government-owned or controlled corporations or
representatives, a registered voter in the district in their subsidiaries, during his term without forfeiting
which he shall be elected, and a resident thereof for his seat. Neither shall he be appointed to any office
a period of not less than one year immediately which may have been created or the emoluments
preceding the day of the election. thereof increased during the term for which he was
elected.
Section 7. The Members of the House of
Representatives shall be elected for a term of three Section 14. No Senator or Member of the House of
years which shall begin, unless otherwise provided Representatives may personally appear as counsel

1987 Constitution of the Philippines


before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative Section 17. The Senate and the House of
bodies. Neither shall he, directly or indirectly, be Representatives shall each have an Electoral
interested financially in any contract with, or in any Tribunal which shall be the sole judge of all contests
franchise or special privilege granted by the relating to the election, returns, and qualifications of
Government, or any subdivision, agency, or their respective Members. Each Electoral Tribunal
instrumentality thereof, including any government- shall be composed of nine Members, three of whom
owned or controlled corporation, or its subsidiary, shall be Justices of the Supreme Court to be
during his term of office. He shall not intervene in designated by the Chief Justice, and the remaining
any matter before any office of the Government for six shall be Members of the Senate or the House of
his pecuniary benefit or where he may be called Representatives, as the case may be, who shall be
upon to act on account of his office. chosen on the basis of proportional representation
from the political parties and the parties or
Section 15. The Congress shall convene once every organizations registered under the party-list system
year on the fourth Monday of July for its regular represented therein. The senior Justice in the
session, unless a different date is fixed by law, and Electoral Tribunal shall be its Chairman.
shall continue to be in session for such number of
days as it may determine until thirty days before the Section 18. There shall be a Commission on
opening of its next regular session, exclusive of Appointments consisting of the President of the
Saturdays, Sundays, and legal holidays. The Senate, as ex officio Chairman, twelve Senators, and
President may call a special session at any time. twelve Members of the House of Representatives,
elected by each House on the basis of proportional
Section 16. representation from the political parties and parties
1. The Senate shall elect its President and or organizations registered under the party-list
the House of Representatives, its system represented therein. The chairman of the
Speaker, by a majority vote of all its Commission shall not vote, except in case of a tie.
respective Members. Each House shall The Commission shall act on all appointments
choose such other officers as it may submitted to it within thirty session days of the
deem necessary. Congress from their submission. The Commission
2. A majority of each House shall shall rule by a majority vote of all the Members.
constitute a quorum to do business, but a
smaller number may adjourn from day to Section 19. The Electoral Tribunals and the
day and may compel the attendance of Commission on Appointments shall be constituted
absent Members in such manner, and within thirty days after the Senate and the House of
under such penalties, as such House may Representatives shall have been organized with the
provide. election of the President and the Speaker. The
3. Each House may determine the rules of Commission on Appointments shall meet only while
its proceedings, punish its Members for the Congress is in session, at the call of its Chairman
disorderly behavior, and, with the or a majority of all its Members, to discharge such
concurrence of two-thirds of all its powers and functions as are herein conferred upon
Members, suspend or expel a Member. A it.
penalty of suspension, when imposed,
shall not exceed sixty days. Section 20. The records and books of accounts of
4. Each House shall keep a Journal of its the Congress shall be preserved and be open to the
proceedings, and from time to time public in accordance with law, and such books shall
publish the same, excepting such parts as be audited by the Commission on Audit which shall
may, in its judgment, affect national publish annually an itemized list of amounts paid to
security; and the yeas and nays on any and expenses for each Member.
question shall, at the request of one-fifth
of the Members present, be entered in the Section 21. The Senate or the House of
Journal. Each House shall also keep a Representatives or any of its respective committees
Record of its proceedings. may conduct inquiries in aid of legislation in
5. Neither House during the sessions of the accordance with its duly published rules of
Congress shall, without the consent of procedure. The rights of persons appearing in, or
the other, adjourn for more than three affected by, such inquiries shall be respected.
days, nor to any other place than that in
which the two Houses shall be sitting.

1987 Constitution of the Philippines


Section 22. The heads of departments may, upon approving appropriations for other
their own initiative, with the consent of the departments and agencies.
President, or upon the request of either House, as the 4. A special appropriations bill shall
rules of each House shall provide, appear before and specify the purpose for which it is
be heard by such House on any matter pertaining to intended, and shall be supported by
their departments. Written questions shall be funds actually available as certified by
submitted to the President of the Senate or the the National Treasurer, or to be raised by
Speaker of the House of Representatives at least a corresponding revenue proposal
three days before their scheduled appearance. therein.
Interpellations shall not be limited to written 5. No law shall be passed authorizing any
questions, but may cover matters related thereto. transfer of appropriations; however, the
When the security of the State or the public interest President, the President of the Senate,
so requires and the President so states in writing, the the Speaker of the House of
appearance shall be conducted in executive session. Representatives, the Chief Justice of the
Supreme Court, and the heads of
Section 23. Constitutional Commissions may, by
1. The Congress, by a vote of two-thirds of law, be authorized to augment any item
both Houses in joint session assembled, in the general appropriations law for
voting separately, shall have the sole their respective offices from savings in
power to declare the existence of a state other items of their respective
of war. appropriations.
2. In times of war or other national 6. Discretionary funds appropriated for
emergency, the Congress may, by law, particular officials shall be disbursed
authorize the President, for a limited only for public purposes to be supported
period and subject to such restrictions as by appropriate vouchers and subject to
it may prescribe, to exercise powers such guidelines as may be prescribed by
necessary and proper to carry out a law.
declared national policy. Unless sooner 7. If, by the end of any fiscal year, the
withdrawn by resolution of the Congress shall have failed to pass the
Congress, such powers shall cease upon general appropriations bill for the
the next adjournment thereof. ensuing fiscal year, the general
appropriations law for the preceding
Section 24. All appropriation, revenue or tariff bills, fiscal year shall be deemed re-enacted
bills authorizing increase of the public debt, bills of and shall remain in force and effect until
local application, and private bills, shall originate the general appropriations bill is passed
exclusively in the House of Representatives, but the by the Congress.
Senate may propose or concur with amendments.
Section 26.
Section 25. 1. Every bill passed by the Congress shall
1. The Congress may not increase the embrace only one subject which shall be
appropriations recommended by the expressed in the title thereof.
President for the operation of the 2. No bill passed by either House shall
Government as specified in the budget. become a law unless it has passed three
The form, content, and manner of readings on separate days, and printed
preparation of the budget shall be copies thereof in its final form have been
prescribed by law. distributed to its Members three days
2. No provision or enactment shall be before its passage, except when the
embraced in the general appropriations President certifies to the necessity of its
bill unless it relates specifically to some immediate enactment to meet a public
particular appropriation therein. Any calamity or emergency. Upon the last
such provision or enactment shall be reading of a bill, no amendment thereto
limited in its operation to the shall be allowed, and the vote thereon
appropriation to which it relates. shall be taken immediately thereafter,
3. The procedure in approving and the yeas and nays entered in the
appropriations for the Congress shall Journal.
strictly follow the procedure for

1987 Constitution of the Philippines


Section 27.
1. Every bill passed by the Congress shall, Section 29.
before it becomes a law, be presented to 1. No money shall be paid out of the
the President. If he approves the same he Treasury except in pursuance of an
shall sign it; otherwise, he shall veto it appropriation made by law.
and return the same with his objections 2. No public money or property shall be
to the House where it originated, which appropriated, applied, paid, or
shall enter the objections at large in its employed, directly or indirectly, for the
Journal and proceed to reconsider it. If, use, benefit, or support of any sect,
after such reconsideration, two-thirds of church, denomination, sectarian
all the Members of such House shall institution, or system of religion, or of
agree to pass the bill, it shall be sent, any priest, preacher, minister, other
together with the objections, to the other religious teacher, or dignitary as such,
House by which it shall likewise be except when such priest, preacher,
reconsidered, and if approved by two- minister, or dignitary is assigned to the
thirds of all the Members of that House, armed forces, or to any penal institution,
it shall become a law. In all such cases, or government orphanage or
the votes of each House shall be leprosarium.
determined by yeas or nays, and the 3. All money collected on any tax levied for
names of the Members voting for or a special purpose shall be treated as a
against shall be entered in its Journal. special fund and paid out for such
The President shall communicate his purpose only. If the purpose for which a
veto of any bill to the House where it special fund was created has been
originated within thirty days after the fulfilled or abandoned, the balance, if
date of receipt thereof, otherwise, it shall any, shall be transferred to the general
become a law as if he had signed it. funds of the Government.
2. The President shall have the power to
veto any particular item or items in an Section 30. No law shall be passed increasing the
appropriation, revenue, or tariff bill, but appellate jurisdiction of the Supreme Court as
the veto shall not affect the item or items provided in this Constitution without its advice and
to which he does not object. concurrence.

Section 28. Section 31. No law granting a title of royalty or


1. The rule of taxation shall be uniform and nobility shall be enacted.
equitable. The Congress shall evolve a
progressive system of taxation. Section 32. The Congress shall, as early as possible,
2. The Congress may, by law, authorize the provide for a system of initiative and referendum,
President to fix within specified limits, and the exceptions therefrom, whereby the people
and subject to such limitations and can directly propose and enact laws or approve or
restrictions as it may impose, tariff rates, reject any act or law or part thereof passed by the
import and export quotas, tonnage and Congress or local legislative body after the
wharfage dues, and other duties or registration of a petition therefor signed by at least
imposts within the framework of the ten per centum of the total number of registered
national development program of the voters, of which every legislative district must be
Government. represented by at least three per centum of the
3. Charitable institutions, churches and registered voters thereof.
personages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and
improvements, actually, directly, and ARTICLE VII
exclusively used for religious, EXECUTIVE DEPARTMENT
charitable, or educational purposes shall
be exempt from taxation. Section 1. The executive power shall be vested in
4. No law granting any tax exemption shall the President of the Philippines.
be passed without the concurrence of a
majority of all the Members of the Section 2. No person may be elected President
Congress. unless he is a natural-born citizen of the Philippines,

1987 Constitution 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 Section 5. Before they enter on the execution of
resident of the Philippines for at least ten years their office, the President, the Vice-President, or the
immediately preceding such election. Acting President shall take the following oath or
affirmation:
Section 3. There shall be a Vice-President who shall "I do solemnly swear (or affirm) that I will faithfully
have the same qualifications and term of office and and conscientiously fulfill my duties as President (or
be elected with, and in the same manner, as the Vice-President or Acting President) of the
President. He may be removed from office in the Philippines, preserve and defend its Constitution,
same manner as the President. execute its laws, do justice to every man, and
The Vice-President may be appointed as a Member consecrate myself to the service of the Nation. So
of the Cabinet. Such appointment requires no help me God." (In case of affirmation, last sentence
confirmation. will be omitted.)

Section 4. The President and the Vice-President Section 6. The President shall have an official
shall be elected by direct vote of the people for a residence. The salaries of the President and Vice-
term of six years which shall begin at noon on the President shall be determined by law and shall not
thirtieth day of June next following the day of the be decreased during their tenure. No increase in said
election and shall end at noon of the same date, six compensation shall take effect until after the
years thereafter. The President shall not be eligible expiration of the term of the incumbent during
for any re-election. No person who has succeeded as which such increase was approved. They shall not
President and has served as such for more than four receive during their tenure any other emolument
years shall be qualified for election to the same from the Government or any other source.
office at any time.
No Vice-President shall serve for more than two Section 7. The President-elect and the Vice
successive terms. Voluntary renunciation of the President-elect shall assume office at the beginning
office for any length of time shall not be considered of their terms.
as an interruption in the continuity of the service for If the President-elect fails to qualify, the Vice
the full term for which he was elected. President-elect shall act as President until the
Unless otherwise provided by law, the regular President-elect shall have qualified.
election for President and Vice-President shall be If a President shall not have been chosen, the Vice
held on the second Monday of May. President-elect shall act as President until a
The returns of every election for President and Vice- President shall have been chosen and qualified.
President, duly certified by the board of canvassers If at the beginning of the term of the President, the
of each province or city, shall be transmitted to the President-elect shall have died or shall have become
Congress, directed to the President of the Senate. permanently disabled, the Vice President-elect shall
Upon receipt of the certificates of canvass, the become President.
President of the Senate shall, not later than thirty Where no President and Vice-President shall have
days after the day of the election, open all the been chosen or shall have qualified, or where both
certificates in the presence of the Senate and the shall have died or become permanently disabled, the
House of Representatives in joint public session, President of the Senate or, in case of his inability,
and the Congress, upon determination of the the Speaker of the House of Representatives, shall
authenticity and due execution thereof in the manner act as President until a President or a Vice-President
provided by law, canvass the votes. shall have been chosen and qualified.
The person having the highest number of votes shall The Congress shall, by law, provide for the manner
be proclaimed elected, but in case two or more shall in which one who is to act as President shall be
have an equal and highest number of votes, one of selected until a President or a Vice-President shall
them shall forthwith be chosen by the vote of a have qualified, in case of death, permanent
majority of all the Members of both Houses of the disability, or inability of the officials mentioned in
Congress, voting separately. the next preceding paragraph.
The Congress shall promulgate its rules for the
canvassing of the certificates. Section 8. In case of death, permanent disability,
The Supreme Court, sitting en banc, shall be the sole removal from office, or resignation of the President,
judge of all contests relating to the election, returns, the Vice-President shall become the President to
and qualifications of the President or Vice- serve the unexpired term. In case of death,
President, and may promulgate its rules for the permanent disability, removal from office, or
purpose. resignation of both the President and Vice-

1987 Constitution of the Philippines


President, the President of the Senate or, in case of Vice-President shall immediately assume the
his inability, the Speaker of the House of powers and duties of the office as Acting President.
Representatives, shall then act as President until the Thereafter, when the President transmits to the
President or Vice-President shall have been elected President of the Senate and to the Speaker of the
and qualified. House of Representatives his written declaration
The Congress shall, by law, provide who shall serve that no inability exists, he shall reassume the powers
as President in case of death, permanent disability, and duties of his office. Meanwhile, should a
or resignation of the Acting President. He shall serve majority of all the Members of the Cabinet transmit
until the President or the Vice-President shall have within five days to the President of the Senate and
been elected and qualified, and be subject to the to the Speaker of the House of Representatives, their
same restrictions of powers and disqualifications as written declaration that the President is unable to
the Acting President. discharge the powers and duties of his office, the
Congress shall decide the issue. For that purpose,
Section 9. Whenever there is a vacancy in the Office the Congress shall convene, if it is not in session,
of the Vice-President during the term for which he within forty-eight hours, in accordance with its rules
was elected, the President shall nominate a Vice- and without need of call.
President from among the Members of the Senate If the Congress, within ten days after receipt of the
and the House of Representatives who shall assume last written declaration, or, if not in session, within
office upon confirmation by a majority vote of all twelve days after it is required to assemble,
the Members of both Houses of the Congress, voting determines by a two-thirds vote of both Houses,
separately. voting separately, that the President is unable to
discharge the powers and duties of his office, the
Section 10. The Congress shall, at ten o'clock in the Vice-President shall act as President; otherwise, the
morning of the third day after the vacancy in the President shall continue exercising the powers and
offices of the President and Vice-President occurs, duties of his office.
convene in accordance with its rules without need of
a call and within seven days, enact a law calling for Section 12. In case of serious illness of the
a special election to elect a President and a Vice- President, the public shall be informed of the state
President to be held not earlier than forty-five days of his health. The members of the Cabinet in charge
nor later than sixty days from the time of such call. of national security and foreign relations and the
The bill calling such special election shall be Chief of Staff of the Armed Forces of the
deemed certified under paragraph 2, Section 26, Philippines, shall not be denied access to the
Article V1 of this Constitution and shall become law President during such illness.
upon its approval on third reading by the Congress.
Appropriations for the special election shall be Section 13. The President, Vice-President, the
charged against any current appropriations and shall Members of the Cabinet, and their deputies or
be exempt from the requirements of paragraph 4, assistants shall not, unless otherwise provided in this
Section 25, Article V1 of this Constitution. The Constitution, hold any other office or employment
convening of the Congress cannot be suspended nor during their tenure. They shall not, during said
the special election postponed. No special election tenure, directly or indirectly, practice any other
shall be called if the vacancy occurs within eighteen profession, participate in any business, or be
months before the date of the next presidential financially interested in any contract with, or in any
election. franchise, or special privilege granted by the
Government or any subdivision, agency, or
Section 11. Whenever the President transmits to the instrumentality thereof, including government-
President of the Senate and the Speaker of the House owned or controlled corporations or their
of Representatives his written declaration that he is subsidiaries. They shall strictly avoid conflict of
unable to discharge the powers and duties of his interest in the conduct of their office.
office, and until he transmits to them a written The spouse and relatives by consanguinity or
declaration to the contrary, such powers and duties affinity within the fourth civil degree of the
shall be discharged by the Vice-President as Acting President shall not, during his tenure, be appointed
President. as Members of the Constitutional Commissions, or
Whenever a majority of all the Members of the the Office of the Ombudsman, or as Secretaries,
Cabinet transmit to the President of the Senate and Undersecretaries, chairmen or heads of bureaus or
to the Speaker of the House of Representatives their offices, including government-owned or controlled
written declaration that the President is unable to corporations and their subsidiaries.
discharge the powers and duties of his office, the

1987 Constitution of the Philippines


Section 14. Appointments extended by an Acting President, the Congress may, in the same manner,
President shall remain effective, unless revoked by extend such proclamation or suspension for a period
the elected President, within ninety days from his to be determined by the Congress, if the invasion or
assumption or reassumption of office. rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-
Section 15. Two months immediately before the four hours following such proclamation or
next presidential elections and up to the end of his suspension, convene in accordance with its rules
term, a President or Acting President shall not make without need of a call.
appointments, except temporary appointments to The Supreme Court may review, in an appropriate
executive positions when continued vacancies proceeding filed by any citizen, the sufficiency of
therein will prejudice public service or endanger the factual basis of the proclamation of martial law
public safety. or the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
Section 16. The President shall nominate and, with thereon within thirty days from its filing.
the consent of the Commission on Appointments, A state of martial law does not suspend the operation
appoint the heads of the executive departments, of the Constitution, nor supplant the functioning of
ambassadors, other public ministers and consuls, or the civil courts or legislative assemblies, nor
officers of the armed forces from the rank of colonel authorize the conferment of jurisdiction on military
or naval captain, and other officers whose courts and agencies over civilians where civil courts
appointments are vested in him in this Constitution. are able to function, nor automatically suspend the
He shall also appoint all other officers of the privilege of the writ.
Government whose appointments are not otherwise The suspension of the privilege of the writ shall
provided for by law, and those whom he may be apply only to persons judicially charged for
authorized by law to appoint. The Congress may, by rebellion or offenses inherent in or directly
law, vest the appointment of other officers lower in connected with invasion.
rank in the President alone, in the courts, or in the During the suspension of the privilege of the writ,
heads of departments, agencies, commissions, or any person thus arrested or detained shall be
boards. judicially charged within three days, otherwise he
The President shall have the power to make shall be released.
appointments during the recess of the Congress,
whether voluntary or compulsory, but such Section 19. Except in cases of impeachment, or as
appointments shall be effective only until otherwise provided in this Constitution, the
disapproved by the Commission on Appointments President may grant reprieves, commutations, and
or until the next adjournment of the Congress. pardons, and remit fines and forfeitures, after
conviction by final judgment.
Section 17. The President shall have control of all He shall also have the power to grant amnesty with
the executive departments, bureaus, and offices. He the concurrence of a majority of all the Members of
shall ensure that the laws be faithfully executed. the Congress.

Section 18. The President shall be the Commander- Section 20. The President may contract or guarantee
in-Chief of all armed forces of the Philippines and foreign loans on behalf of the Republic of the
whenever it becomes necessary, he may call out Philippines with the prior concurrence of the
such armed forces to prevent or suppress lawless Monetary Board, and subject to such limitations as
violence, invasion or rebellion. In case of invasion may be provided by law. The Monetary Board shall,
or rebellion, when the public safety requires it, he within thirty days from the end of every quarter of
may, for a period not exceeding sixty days, suspend the calendar year, submit to the Congress a complete
the privilege of the writ of habeas corpus or place report of its decision on applications for loans to be
the Philippines or any part thereof under martial law. contracted or guaranteed by the Government or
Within forty-eight hours from the proclamation of government-owned and controlled corporations
martial law or the suspension of the privilege of the which would have the effect of increasing the
writ of habeas corpus, the President shall submit a foreign debt, and containing other matters as may be
report in person or in writing to the Congress. The provided by law.
Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special Section 21. No treaty or international agreement
session, may revoke such proclamation or shall be valid and effective unless concurred in by at
suspension, which revocation shall not be set aside least two-thirds of all the Members of the Senate.
by the President. Upon the initiative of the

1987 Constitution of the Philippines


Section 22. The President shall submit to the including those involving the
Congress, within thirty days from the opening of constitutionality, application, or
every regular session as the basis of the general operation of presidential decrees,
appropriations bill, a budget of expenditures and proclamations, orders, instructions,
sources of financing, including receipts from ordinances, and other regulations, shall
existing and proposed revenue measures. be decided with the concurrence of a
majority of the Members who actually
Section 23. The President shall address the took part in the deliberations on the
Congress at the opening of its regular session. He issues in the case and voted thereon.
may also appear before it at any other time. 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
ARTICLE VIII deliberations on the issues in the case
JUDICIAL DEPARTMENT and voted thereon, and in no case
without the concurrence of at least three
Section 1. The judicial power shall be vested in one of such Members. When the required
Supreme Court and in such lower courts as may be number is not obtained, the case shall be
established by law. decided en banc: Provided, that no
Judicial power includes the duty of the courts of doctrine or principle of law laid down by
justice to settle actual controversies involving rights the court in a decision rendered en banc
which are legally demandable and enforceable, and or in division may be modified or
to determine whether or not there has been a grave reversed except by the court sitting en
abuse of discretion amounting to lack or excess of banc.
jurisdiction on the part of any branch or
instrumentality of the Government. Section 5. The Supreme Court shall have the
following powers:
Section 2. The Congress shall have the power to 1. Exercise original jurisdiction over cases
define, prescribe, and apportion the jurisdiction of affecting ambassadors, other public
the various courts but may not deprive the Supreme ministers and consuls, and over petitions
Court of its jurisdiction over cases enumerated in for certiorari, prohibition, mandamus,
Section 5 hereof. quo warranto, and habeas corpus.
No law shall be passed reorganizing the Judiciary 2. Review, revise, reverse, modify, or
when it undermines the security of tenure of its affirm on appeal or certiorari, as the law
Members. or the Rules of Court may provide, final
judgments and orders of lower courts in:
Section 3. The Judiciary shall enjoy fiscal a. All cases in which the
autonomy. Appropriations for the Judiciary may not constitutionality or validity
be reduced by the legislature below the amount of any treaty, international or
appropriated for the previous year and, after executive agreement, law,
approval, shall be automatically and regularly presidential decree,
released. proclamation, order,
instruction, ordinance, or
Section 4. regulation is in question.
1. The Supreme Court shall be composed b. All cases involving the
of a Chief Justice and fourteen Associate legality of any tax, impost,
Justices. It may sit en banc or in its assessment, or toll, or any
discretion, in division of three, five, or penalty imposed in relation
seven Members. Any vacancy shall be thereto.
filled within ninety days from the c. All cases in which the
occurrence thereof. jurisdiction of any lower
2. All cases involving the constitutionality court is in issue.
of a treaty, international or executive d. All criminal cases in which
agreement, or law, which shall be heard the penalty imposed is
by the Supreme Court en banc, and all reclusion perpetua or higher.
other cases which under the Rules of
Court are required to be heard en banc,
1987 Constitution of the Philippines
e. All cases in which only an Supreme Court composed of the Chief
error or question of law is Justice as ex officio Chairman, the
involved. Secretary of Justice, and a representative
3. Assign temporarily judges of lower of the Congress as ex officio Members, a
courts to other stations as public interest representative of the Integrated Bar, a
may require. Such temporary assignment professor of law, a retired Member of the
shall not exceed six months without the Supreme Court, and a representative of
consent of the judge concerned. the private sector.
4. Order a change of venue or place of trial 2. The regular members of the Council
to avoid a miscarriage of justice. shall be appointed by the President for a
5. Promulgate rules concerning the term of four years with the consent of the
protection and enforcement of Commission on Appointments. Of the
constitutional rights, pleading, practice, Members first appointed, the
and procedure in all courts, the representative of the Integrated Bar shall
admission to the practice of law, the serve for four years, the professor of law
integrated bar, and legal assistance to the for three years, the retired Justice for two
under-privileged. Such rules shall years, and the representative of the
provide a simplified and inexpensive private sector for one year.
procedure for the speedy disposition of 3. The Clerk of the Supreme Court shall be
cases, shall be uniform for all courts of the Secretary ex officio of the Council
the same grade, and shall not diminish, and shall keep a record of its
increase, or modify substantive rights. proceedings.
Rules of procedure of special courts and 4. The regular Members of the Council
quasi-judicial bodies shall remain shall receive such emoluments as may be
effective unless disapproved by the determined by the Supreme Court. The
Supreme Court. Supreme Court shall provide in its
6. Appoint all officials and employees of annual budget the appropriations for the
the Judiciary in accordance with the Council.
Civil Service Law. 5. The Council shall have the principal
function of recommending appointees to
Section 6. The Supreme Court shall have the judiciary. It may exercise such other
administrative supervision over all courts and the functions and duties as the Supreme
personnel thereof. Court may assign to it.

Section 7. Section 9. The Members of the Supreme Court and


1. No person shall be appointed Member of judges of lower courts shall be appointed by the
the Supreme Court or any lower President from a list of at least three nominees
collegiate court unless he is a natural- preferred by the Judicial and Bar Council for every
born citizen of the Philippines. A vacancy. Such appointments need no confirmation.
Member of the Supreme Court must be For the lower courts, the President shall issued the
at least forty years of age, and must have appointment within ninety days from the submission
been for fifteen years or more, a judge of of the list.
a lower court or engaged in the practice
of law in the Philippines. Section 10. The salary of the Chief Justice and of
2. The Congress shall prescribe the the Associate Justices of the Supreme Court, and of
qualifications of judges of lower courts, judges of lower courts shall be fixed by law. During
but no person may be appointed judge the continuance in office, their salary shall not be
thereof unless he is a citizen of the decreased.
Philippines and a member of the
Philippine Bar. Section 11. The Members of the Supreme Court and
3. A Member of the Judiciary must be a judges of the lower court shall hold office during
person of proven competence, integrity, good behavior until they reach the age of seventy
probity, and independence. years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc
Section 8. shall have the power to discipline judges of lower
1. A Judicial and Bar Council is hereby courts, or order their dismissal by a vote of majority
created under the supervision of the of the Members who actually took part in the

1987 Constitution of the Philippines


deliberations on the issues in the case and voted in or matter submitted thereto for
thereon. determination, without further delay.

Section 12. The Members of the Supreme Court and Section 16. The Supreme Court shall, within thirty
of other courts established by law shall not be days from the opening of each regular session of the
designated to any agency performing quasi-judicial Congress, submit to the President and the Congress
or administrative function. an annual report on the operations and activities of
the Judiciary.
Section 13. The conclusions of the Supreme Court
in any case submitted to it for the decision en banc
or in division shall be reached in consultation before
the case the case assigned to a Member for the ARTICLE IX
writing of the opinion of the Court. A certification CONSTITUTIONAL COMMISSION
to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of A. COMMON PROVISIONS
the case and served upon the parties. Any Member
who took no part, or dissented, or abstained from a Section 1. The Constitutional Commissions, which
decision or resolution must state the reason therefor. shall be independent, are the Civil Service
The same requirements shall be observed by all Commission, the Commission on Elections, and the
lower collegiate court. Commission on Audit.

Section 14. No decision shall be rendered by any Section 2. No member of a Constitutional


court without expressing therein clearly and Commission shall, during his tenure, hold any other
distinctly the facts and the law on which it is based. office or employment. Neither shall he engage in the
No petition for review or motion for reconsideration practice of any profession or in the active
of a decision of the court shall be refused due course management or control of any business which, in
or denied without stating the legal basis therefor. any way, may be affected by the functions of his
office, nor shall he be financially interested, directly
Section 15. or indirectly, in any contract with, or in any
1. All cases or matters filed after the franchise or privilege granted by the Government,
effectivity of this Constitution must be any of its subdivisions, agencies, or
decided or resolved within twenty-four instrumentalities, including government-owned or
months from date of submission for the controlled corporations or their subsidiaries.
Supreme Court, and, unless reduced by
the Supreme Court, twelve months for Section 3. The salary of the Chairman and the
all lower collegiate courts, and three Commissioners shall be fixed by law and shall not
months for all other lower courts. be decreased during their tenure.
2. A case or matter shall be deemed
submitted for decision or resolution Section 4. The Constitutional Commissions shall
upon the filing of the last pleading, brief, appoint their officials and employees in accordance
or memorandum required by the Rules of with law.
Court or by the court itself.
3. Upon the expiration of the Section 5. The Commission shall enjoy fiscal
corresponding period, a certification to autonomy. Their approved annual appropriations
this effect signed by the Chief Justice or shall be automatically and regularly released.
the presiding judge shall forthwith be
issued and a copy thereof attached to the Section 6. Each Commission en banc may
record of the case or matter, and served promulgate its own rules concerning pleadings and
upon the parties. The certification shall practice before it or before any of its offices. Such
state why a decision or resolution has not rules, however, shall not diminish, increase, or
been rendered or issued within said modify substantive rights.
period.
4. Despite the expiration of the applicable Section 7. Each Commission shall decide by a
mandatory period, the court, without majority vote of all its Members, any case or matter
prejudice to such responsibility as may brought before it within sixty days from the date of
have been incurred in consequence its submission for decision or resolution. A case or
thereof, shall decide or resolve the case matter is deemed submitted for decision or

1987 Constitution of the Philippines


resolution upon the filing of the last pleading, brief, 3. No officer or employee of the civil
or memorandum required by the rules of the service shall be removed or suspended
Commission or by the Commission itself. Unless except for cause provided by law.
otherwise provided by this Constitution or by law, 4. No officer or employee in the civil
any decision, order, or ruling of each Commission service shall engage, directly or
may be brought to the Supreme Court on certiorari indirectly, in any electioneering or
by the aggrieved party within thirty days from partisan political campaign.
receipt of a copy thereof. 5. The right to self-organization shall not
be denied to government employees.
Section 8. Each Commission shall perform such 6. Temporary employees of the
other functions as may be provided by law. Government shall be given such
protection as may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 3. The Civil Service Commission, as the
Section 1. central personnel agency of the Government, shall
1. The civil service shall be administered establish a career service and adopt measures to
by the Civil Service Commission promote morale, efficiency, integrity,
composed of a Chairman and two responsiveness, progressiveness, and courtesy in the
Commissioners who shall be natural- civil service. It shall strengthen the merit and
born citizens of the Philippines and, at rewards system, integrate all human resources
the time of their appointment, at least development programs for all levels and ranks, and
thirty-five years of age, with proven institutionalize a management climate conducive to
capacity for public administration, and public accountability. It shall submit to the President
must not have been candidates for any and the Congress an annual report on its personnel
elective position in the elections programs.
immediately preceding their
appointment. Section 4. All public officers and employees shall
2. The Chairman and the Commissioners take an oath or affirmation to uphold and defend this
shall be appointed by the President with Constitution.
the consent of the Commission on
Appointments for a term of seven years Section 5. The Congress shall provide for the
without reappointment. Of those first standardization of compensation of government
appointed, the Chairman shall hold officials and employees, including those in
office for seven years, a Commissioner government-owned or controlled corporations with
for five years, and another original charters, taking into account the nature of
Commissioner for three years, without the responsibilities pertaining to, and the
reappointment. Appointment to any qualifications required for, their positions.
vacancy shall be only for the unexpired
term of the predecessor. In no case shall Section 6. No candidate who has lost in any
any Member be appointed or designated election, shall within one year after such election, be
in a temporary or acting capacity. appointed to any office in the Government or any
Government-owned or controlled corporations or in
Section 2. any of their subsidiaries.
1. The civil service embraces all branches,
subdivisions, instrumentalities, and Section 7. No elective official shall be eligible for
agencies of the Government, including appointment or designation in any capacity to any
government-owned or controlled public office or position during his tenure.
corporations with original charters. Unless otherwise allowed by law or by the primary
2. Appointments in the civil service shall functions of his position, no appointive official shall
be made only according to merit and hold any other office or employment in the
fitness to be determined, as far as Government or any subdivision, agency or
practicable, and, except to positions instrumentality thereof, including Government-
which are policy-determining, primarily owned or controlled corporations or their
confidential, or highly technical, by subsidiaries.
competitive examination.
Section 8. No elective or appointive public officer
or employee shall receive additional, double, or

1987 Constitution of the Philippines


indirect compensation, unless specifically involving elective municipal and
authorized by law, nor accept without the consent of barangay offices shall be final,
the Congress, any present, emolument, office, or executory, and not appealable.
title of any kind from any foreign government. 3. Decide, except those involving the right
Pensions or gratuities shall not be considered as to vote, all questions affecting elections,
additional, double, or indirect compensation. including determination of the number
and location of polling places,
C. THE COMMISSION ON ELECTIONS appointment of election officials and
inspectors, and registration of voters.
Section 1. 4. Deputize, with the concurrence of the
1. There shall be a Commission on President, law enforcement agencies and
Elections composed of a Chairman and instrumentalities of the Government,
six Commissioners who shall be natural- including the Armed Forces of the
born citizens of the Philippines and, at Philippines, for the exclusive purpose of
the time of their appointment, at least ensuring free, orderly, honest, peaceful,
thirty-five years of age, holders of a and credible elections.
college degree, and must not have been 5. Register, after sufficient publication,
candidates for any elective positions in political parties, organizations, or
the immediately preceding elections. coalitions which, in addition to other
However, a majority thereof, including requirements, must present their
the Chairman, shall be members of the platform or program of government; and
Philippine Bar who have been engaged accredit citizens' arms of the
in the practice of law for at least ten Commission on Elections. Religious
years. denominations and sects shall not be
2. The Chairman and the Commissioners registered. Those which seek to achieve
shall be appointed by the President with their goals through violence or unlawful
the consent of the Commission on means, or refuse to uphold and adhere to
Appointments for a term of seven years this Constitution, or which are supported
without reappointment. Of those first by any foreign government shall
appointed, three Members shall hold likewise be refused registration.
office for seven years, two Members for Financial contributions from foreign
five years, and the last Members for governments and their agencies to
three years, without reappointment. political parties, organizations,
Appointment to any vacancy shall be coalitions, or candidates related to
only for the unexpired term of the elections, constitute interference in
predecessor. In no case shall any national affairs, and, when accepted,
Member be appointed or designated in a shall be an additional ground for the
temporary or acting capacity. cancellation of their registration with the
Commission, in addition to other
Section 2. The Commission on Elections shall penalties that may be prescribed by law.
exercise the following powers and functions: 6. File, upon a verified complaint, or on its
1. Enforce and administer all laws and own initiative, petitions in court for
regulations relative to the conduct of an inclusion or exclusion of voters;
election, plebiscite, initiative, investigate and, where appropriate,
referendum, and recall. prosecute cases of violations of election
2. Exercise exclusive original jurisdiction laws, including acts or omissions
over all contests relating to the elections, constituting election frauds, offenses,
returns, and qualifications of all elective and malpractices.
regional, provincial, and city officials, 7. Recommend to the Congress effective
and appellate jurisdiction over all measures to minimize election spending,
contests involving elective municipal including limitation of places where
officials decided by trial courts of propaganda materials shall be posted,
general jurisdiction, or involving and to prevent and penalize all forms of
elective barangay officials decided by election frauds, offenses, malpractices,
trial courts of limited jurisdiction. and nuisance candidacies.
Decisions, final orders, or rulings of the 8. Recommend to the President the
Commission on election contests removal of any officer or employee it has

1987 Constitution of the Philippines


deputized, or the imposition of any other
disciplinary action, for violation or Section 9. Unless otherwise fixed by the
disregard of, or disobedience to, its Commission in special cases, the election period
directive, order, or decision. shall commence ninety days before the day of
9. Submit to the President and the election and shall end thirty days thereafter.
Congress, a comprehensive report on the
conduct of each election, plebiscite, Section 10. Bona fide candidates for any public
initiative, referendum, or recall. office shall be free from any form of harassment and
discrimination.
Section 3. The Commission on Elections may sit en
banc or in two divisions, and shall promulgate its Section 11. Funds certified by the Commission as
rules of procedure in order to expedite disposition of necessary to defray the expenses for holding regular
election cases, including pre- proclamation and special elections, plebiscites, initiatives,
controversies. All such election cases shall be heard referenda, and recalls, shall be provided in the
and decided in division, provided that motions for regular or special appropriations and, once
reconsideration of decisions shall be decided by the approved, shall be released automatically upon
Commission en banc. certification by the Chairman of the Commission

Section 4. The Commission may, during the D. THE COMMISSION ON AUDIT


election period, supervise or regulate the enjoyment
or utilization of all franchises or permits for the Section 1.
operation of transportation and other public utilities, 1. There shall be a Commission on Audit
media of communication or information, all grants, composed of a Chairman and two
special privileges, or concessions granted by the Commissioners, who shall be natural-
Government or any subdivision, agency, or born citizens of the Philippines and, at
instrumentality thereof, including any government- the time of their appointment, at least
owned or controlled corporation or its subsidiary. thirty-five years of age, Certified Public
Such supervision or regulation shall aim to ensure Accountants with not less than ten years
equal opportunity, time, and space ,and the right to of auditing experience, or members of
reply, including reasonable, equal rates therefor, for the Philippine Bar who have been
public information campaigns and forums among engaged in the practice of law for at least
candidates in connection with the objective of ten years, and must not have been
holding free, orderly, honest, peaceful, and credible candidates for any elective position in
elections. the elections immediately preceding
their appointment. At no time shall all
Section 5. No pardon, amnesty, parole, or Members of the Commission belong to
suspension of sentence for violation of election the same profession.
laws, rules, and regulations shall be granted by the 2. The Chairman and the Commissioners
President without the favorable recommendation of shall be appointed by the President with
the Commission. the consent of the Commission on
Appointments for a term of seven years
Section 6. A free and open party system shall be without reappointment. Of those first
allowed to evolve according to the free choice of the appointed, the Chairman shall hold
people, subject to the provisions of this Article. office for seven years, one
Commissioner for five years, and the
Section 7. No votes cast in favor of a political party, other Commissioner for three years,
organization, or coalition shall be valid, except for without reappointment. Appointment to
those registered under the party-list system as any vacancy shall be only for the
provided in this Constitution. unexpired portion of the term of the
predecessor. In no case shall any
Section 8. Political parties, or organizations or Member be appointed or designated in a
coalitions registered under the party-list system, temporary or acting capacity.
shall not be represented in the voters' registration
boards, boards of election inspectors, boards of Section 2.
canvassers, or other similar bodies. However, they 1. The Commission on Audit shall have the
shall be entitled to appoint poll watchers in power, authority, and duty to examine,
accordance with law. audit, and settle all accounts pertaining

1987 Constitution of the Philippines


to the revenue and receipts of, and Section 3. No law shall be passed exempting any
expenditures or uses of funds and entity of the Government or its subsidiaries in any
property, owned or held in trust by, or guise whatever, or any investment of public funds,
pertaining to, the Government, or any of from the jurisdiction of the Commission on Audit.
its subdivisions, agencies, or
instrumentalities, including government- Section 4. The Commission shall submit to the
owned or controlled corporations with President and the Congress, within the time fixed by
original charters, and on a post- audit law, an annual report covering the financial
basis: condition and operation of the Government, its
a. constitutional bodies, subdivisions, agencies, and instrumentalities,
commissions and offices that including government-owned or controlled
have been granted fiscal corporations, and non-governmental entities subject
autonomy under this to its audit, and recommend measures necessary to
Constitution; improve their effectiveness and efficiency. It shall
b. autonomous state colleges submit such other reports as may be required by law.
and universities;
c. other government-owned or
controlled corporations and
their subsidiaries; and ARTICLE X
d. such non-governmental LOCAL GOVERNMENT
entities receiving subsidy or
equity, directly or indirectly, GENERAL PROVISIONS
from or through the
Government, which are Section 1. The territorial and political subdivisions
required by law or the of the Republic of the Philippines are the provinces,
granting institution to submit cities, municipalities, and barangays. There shall be
to such audit as a condition of autonomous regions in Muslim Mindanao and the
subsidy or equity. However, Cordilleras as hereinafter provided.
where the internal control
system of the audited Section 2. The territorial and political subdivisions
agencies is inadequate, the shall enjoy local autonomy.
Commission may adopt such
measures, including Section 3. The Congress shall enact a local
temporary or special pre- government code which shall provide for a more
audit, as are necessary and responsive and accountable local government
appropriate to correct the structure instituted through a system of
deficiencies. It shall keep the decentralization with effective mechanisms of
general accounts of the recall, initiative, and referendum, allocate among
Government and, for such the different local government units their powers,
period as may be provided by responsibilities, and resources, and provide for the
law, preserve the vouchers qualifications, election, appointment and removal,
and other supporting papers term, salaries, powers and functions and duties of
pertaining thereto. local officials, and all other matters relating to the
2. The Commission shall have exclusive organization and operation of the local units.
authority, subject to the limitations in
this Article, to define the scope of its Section 4. The President of the Philippines shall
audit and examination, establish the exercise general supervision over local
techniques and methods required governments. Provinces with respect to component
therefor, and promulgate accounting and cities and municipalities, and cities and
auditing rules and regulations, including municipalities with respect to component
those for the prevention and barangays, shall ensure that the acts of their
disallowance of irregular, unnecessary, component units are within the scope of their
excessive, extravagant, or prescribed powers and functions.
unconscionable expenditures or uses of
government funds and properties. 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

1987 Constitution of the Philippines


guidelines and limitations as the Congress may services, and resources for purposes commonly
provide, consistent with the basic policy of local beneficial to them in accordance with law.
autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments. Section 14. The President shall provide for regional
development councils or other similar bodies
Section 6. Local government units shall have a just composed of local government officials, regional
share, as determined by law, in the national taxes heads of departments and other government offices,
which shall be automatically released to them. and representatives from non-governmental
organizations within the regions for purposes of
Section 7. Local governments shall be entitled to an administrative decentralization to strengthen the
equitable share in the proceeds of the utilization and autonomy of the units therein and to accelerate the
development of the national wealth within their economic and social growth and development of the
respective areas, in the manner provided by law, units in the region.
including sharing the same with the inhabitants by
way of direct benefits. AUTONOMOUS REGIONS
Section 8. The term of office of elective local
officials, except barangay officials, which shall be Section 15. There shall be created autonomous
determined by law, shall be three years and no such regions in Muslim Mindanao and in the Cordilleras
official shall serve for more than three consecutive consisting of provinces, cities, municipalities, and
terms. Voluntary renunciation of the office for any geographical areas sharing common and distinctive
length of time shall not be considered as an historical and cultural heritage, economic and social
interruption in the continuity of his service for the structures, and other relevant characteristics within
full term for which he was elected. the framework of this Constitution and the national
sovereignty as well as territorial integrity of the
Section 9. Legislative bodies of local governments Republic of the Philippines.
shall have sectoral representation as may be Section 16. The President shall exercise general
prescribed by law. supervision over autonomous regions to ensure that
laws are faithfully executed.
Section 10. No province, city, municipality, or
barangay may be created, divided, merged, Section 17. All powers, functions, and
abolished, or its boundary substantially altered, responsibilities not granted by this Constitution or
except in accordance with the criteria established in by law to the autonomous regions shall be vested in
the local government code and subject to approval the National Government.
by a majority of the votes cast in a plebiscite in the
political units directly affected. Section 18. The Congress shall enact an organic act
for each autonomous region with the assistance and
Section 11. The Congress may, by law, create participation of the regional consultative
special metropolitan political subdivisions, subject commission composed of representatives appointed
to a plebiscite as set forth in Section 10 hereof. The by the President from a list of nominees from multi-
component cities and municipalities shall retain sectoral bodies. The organic act shall define the
their basic autonomy and shall be entitled to their basic structure of government for the region
own local executive and legislative assemblies. The consisting of the executive department and
jurisdiction of the metropolitan authority that will legislative assembly, both of which shall be elective
thereby be created shall be limited to basic services and representative of the constituent political units.
requiring coordination. The organic acts shall likewise provide for special
courts with personal, family, and property law
Section 12. Cities that are highly urbanized, as jurisdiction consistent with the provisions of this
determined by law, and component cities whose Constitution and national laws.
charters prohibit their voters from voting for The creation of the autonomous region shall be
provincial elective officials, shall be independent of effective when approved by majority of the votes
the province. The voters of component cities within cast by the constituent units in a plebiscite called for
a province, whose charters contain no such the purpose, provided that only provinces, cities,
prohibition, shall not be deprived of their right to and geographic areas voting favorably in such
vote for elective provincial officials. plebiscite shall be included in the autonomous
region.
Section 13. Local government units may group
themselves, consolidate or coordinate their efforts,

1987 Constitution of the Philippines


Section 19. The first Congress elected under this Section 3.
Constitution shall, within eighteen months from the 1. The House of Representatives shall have
time of organization of both Houses, pass the the exclusive power to initiate all cases
organic acts for the autonomous regions in Muslim of impeachment.
Mindanao and the Cordilleras. 2. A verified complaint for impeachment
may be filed by any Member of the
Section 20. Within its territorial jurisdiction and House of Representatives or by any
subject to the provisions of this Constitution and citizen upon a resolution or endorsement
national laws, the organic act of autonomous regions by any Member thereof, which shall be
shall provide for legislative powers over: included in the Order of Business within
1. Administrative organization; ten session days, and referred to the
2. Creation of sources of revenues; proper Committee within three session
3. Ancestral domain and natural resources; days thereafter. The Committee, after
4. Personal, family, and property relations; hearing, and by a majority vote of all its
5. Regional urban and rural planning Members, shall submit its report to the
development; House within sixty session days from
6. Economic, social, and tourism such referral, together with the
development; corresponding resolution. The resolution
7. Educational policies; shall be calendared for consideration by
8. Preservation and development of the the House within ten session days from
cultural heritage; and receipt thereof.
9. Such other matters as may be authorized 3. A vote of at least one-third of all the
by law for the promotion of the general Members of the House shall be
welfare of the people of the region. necessary either to affirm a favorable
resolution with the Articles of
Section 21. The preservation of peace and order Impeachment of the Committee, or
within the regions shall be the responsibility of the override its contrary resolution. The vote
local police agencies which shall be organized, of each Member shall be recorded.
maintained, supervised, and utilized in accordance 4. In case the verified complaint or
with applicable laws. The defense and security of resolution of impeachment is filed by at
the regions shall be the responsibility of the National least one-third of all the Members of the
Government. House, the same shall constitute the
Articles of Impeachment, and trial by the
Senate shall forthwith proceed.
5. No impeachment proceedings shall be
ARTICLE XI initiated against the same official more
ACCOUNTABILITY OF PUBLIC OFFICERS than once within a period of one year.
6. The Senate shall have the sole power to
Section 1. Public office is a public trust. Public try and decide all cases of impeachment.
officers and employees must, at all times, be When sitting for that purpose, the
accountable to the people, serve them with utmost Senators shall be on oath or affirmation.
responsibility, integrity, loyalty, and efficiency; act When the President of the Philippines is
with patriotism and justice, and lead modest lives. on trial, the Chief Justice of the Supreme
Court shall preside, but shall not vote.
Section 2. The President, the Vice-President, the No person shall be convicted without the
Members of the Supreme Court, the Members of the concurrence of two-thirds of all the
Constitutional Commissions, and the Ombudsman Members of the Senate.
may be removed from office on impeachment for, 7. Judgment in cases of impeachment shall
and conviction of, culpable violation of the not extend further than removal from
Constitution, treason, bribery, graft and corruption, office and disqualification to hold any
other high crimes, or betrayal of public trust. All office under the Republic of the
other public officers and employees may be Philippines, but the party convicted shall
removed from office as provided by law, but not by nevertheless be liable and subject to
impeachment. prosecution, trial, and punishment,
according to law.

1987 Constitution of the Philippines


8. The Congress shall promulgate its rules Section 11. The Ombudsman and his Deputies shall
on impeachment to effectively carry out serve for a term of seven years without
the purpose of this section. reappointment. They shall not be qualified to run for
any office in the election immediately succeeding
Section 4. The present anti-graft court known as the their cessation from office.
Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be Section 12. The Ombudsman and his Deputies, as
provided by law. protectors of the people, shall act promptly on
complaints filed in any form or manner against
Section 5. There is hereby created the independent public officials or employees of the Government, or
Office of the Ombudsman, composed of the any subdivision, agency or instrumentality thereof,
Ombudsman to be known as Tanodbayan, one including government-owned or controlled
overall Deputy and at least one Deputy each for corporations, and shall, in appropriate cases, notify
Luzon, Visayas, and Mindanao. A separate Deputy the complainants of the action taken and the result
for the military establishment may likewise be thereof.
appointed.
Section 13. The Office of the Ombudsman shall
Section 6. The officials and employees of the Office have the following powers, functions, and duties:
of the Ombudsman, other than the Deputies, shall be 1. Investigate on its own, or on complaint
appointed by the Ombudsman, according to the by any person, any act or omission of any
Civil Service Law. public official, employee, office or
agency, when such act or omission
Section 7. The existing Tanodbayan shall hereafter appears to be illegal, unjust, improper, or
be known as the Office of the Special Prosecutor. It inefficient.
shall continue to function and exercise its powers as 2. Direct, upon complaint or at its own
now or hereafter may be provided by law, except instance, any public official or employee
those conferred on the Office of the Ombudsman of the Government, or any subdivision,
created under this Constitution. agency or instrumentality thereof, as
well as of any government-owned or
Section 8. The Ombudsman and his Deputies shall controlled corporation with original
be natural-born citizens of the Philippines, and at the charter, to perform and expedite any act
time of their appointment, at least forty years old, of or duty required by law, or to stop,
recognized probity and independence, and members prevent, and correct any abuse or
of the Philippine Bar, and must not have been impropriety in the performance of duties.
candidates for any elective office in the immediately 3. Direct the officer concerned to take
preceding election. The Ombudsman must have, for appropriate action against a public
ten years or more, been a judge or engaged in the official or employee at fault, and
practice of law in the Philippines. recommend his removal, suspension,
During their tenure, they shall be subject to the same demotion, fine, censure, or prosecution,
disqualifications and prohibitions as provided for in and ensure compliance therewith.
Section 2 of Article 1X-A of this Constitution. 4. Direct the officer concerned, in any
appropriate case, and subject to such
Section 9. The Ombudsman and his Deputies shall limitations as may be provided by law, to
be appointed by the President from a list of at least furnish it with copies of documents
six nominees prepared by the Judicial and Bar relating to contracts or transactions
Council, and from a list of three nominees for every entered into by his office involving the
vacancy thereafter. Such appointments shall require disbursement or use of public funds or
no confirmation. All vacancies shall be filled within properties, and report any irregularity to
three months after they occur. the Commission on Audit for
appropriate action.
Section 10. The Ombudsman and his Deputies shall 5. Request any government agency for
have the rank of Chairman and Members, assistance and information necessary in
respectively, of the Constitutional Commissions, the discharge of its responsibilities, and
and they shall receive the same salary which shall to examine, if necessary, pertinent
not be decreased during their term of office. records and documents.

1987 Constitution of the Philippines


6. Publicize matters covered by its ARTICLE XII
investigation when circumstances so NATIONAL ECONOMY AND PATRIMONY
warrant and with due prudence.
7. Determine the causes of inefficiency, red Section 1. The goals of the national economy are a
tape, mismanagement, fraud, and more equitable distribution of opportunities,
corruption in the Government and make income, and wealth; a sustained increase in the
recommendations for their elimination amount of goods and services produced by the
and the observance of high standards of nation for the benefit of the people; and an
ethics and efficiency. expanding productivity as the key to raising the
8. Promulgate its rules of procedure and quality of life for all, especially the underprivileged.
exercise such other powers or perform The State shall promote industrialization and full
such functions or duties as may be employment based on sound agricultural
provided by law. development and agrarian reform, through
industries that make full of efficient use of human
Section 14. The Office of the Ombudsman shall and natural resources, and which are competitive in
enjoy fiscal autonomy. Its approved annual both domestic and foreign markets. However, the
appropriations shall be automatically and regularly State shall protect Filipino enterprises against unfair
released. foreign competition and trade practices.
In the pursuit of these goals, all sectors of the
Section 15. The right of the State to recover economy and all region s of the country shall be
properties unlawfully acquired by public officials or given optimum opportunity to develop. Private
employees, from them or from their nominees or enterprises, including corporations, cooperatives,
transferees, shall not be barred by prescription, and similar collective organizations, shall be
laches, or estoppel. encouraged to broaden the base of their ownership.

Section 16. No loan, guaranty, or other form of Section 2. All lands of the public domain, waters,
financial accommodation for any business purpose minerals, coal, petroleum, and other mineral oils, all
may be granted, directly or indirectly, by any forces of potential energy, fisheries, forests or
government-owned or controlled bank or financial timber, wildlife, flora and fauna, and other natural
institution to the President, the Vice-President, the resources are owned by the State. With the
Members of the Cabinet, the Congress, the Supreme exception of agricultural lands, all other natural
Court, and the Constitutional Commissions, the resources shall not be alienated. The exploration,
Ombudsman, or to any firm or entity in which they development, and utilization of natural resources
have controlling interest, during their tenure. shall be under the full control and supervision of the
State. The State may directly undertake such
Section 17. A public officer or employee shall, upon activities, or it may enter into co-production, joint
assumption of office and as often thereafter as may venture, or production-sharing agreements with
be required by law, submit a declaration under oath Filipino citizens, or corporations or associations at
of his assets, liabilities, and net worth. In the case of least 60 per centum of whose capital is owned by
the President, the Vice-President, the Members of such citizens. Such agreements may be for a period
the Cabinet, the Congress, the Supreme Court, the not exceeding twenty-five years, renewable for not
Constitutional Commissions and other more than twenty-five years, and under such terms
constitutional offices, and officers of the armed and conditions as may provided by law. In cases of
forces with general or flag rank, the declaration shall water rights for irrigation, water supply, fisheries, or
be disclosed to the public in the manner provided by industrial uses other than the development of
law. waterpower, beneficial use may be the measure and
limit of the grant.
Section 18. Public officers and employees owe the The State shall protect the nations marine wealth in
State and this Constitution allegiance at all times its archipelagic waters, territorial sea, and exclusive
and any public officer or employee who seeks to economic zone, and reserve its use and enjoyment
change his citizenship or acquire the status of an exclusively to Filipino citizens.
immigrant of another country during his tenure shall The Congress may, by law, allow small-scale
be dealt with by law. utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to
subsistence fishermen and fish workers in rivers,
lakes, bays, and lagoons.

1987 Constitution of the Philippines


The President may enter into agreements with relations in determining the ownership and extent of
foreign-owned corporations involving either ancestral domain.
technical or financial assistance for large-scale
exploration, development, and utilization of Section 6. The use of property bears a social
minerals, petroleum, and other mineral oils function, and all economic agents shall contribute to
according to the general terms and conditions the common good. Individuals and private groups,
provided by law, based on real contributions to the including corporations, cooperatives, and similar
economic growth and general welfare of the collective organizations, shall have the right to own,
country. In such agreements, the State shall promote establish, and operate economic enterprises, subject
the development and use of local scientific and to the duty of the State to promote distributive
technical resources. justice and to intervene when the common good so
The President shall notify the Congress of every demands.
contract entered into in accordance with this
provision, within thirty days from its execution. Section 7. Save in cases of hereditary succession, no
private lands shall be transferred or conveyed except
Section 3. Lands of the public domain are classified to individuals, corporations, or associations
into agricultural, forest or timber, mineral lands and qualified to acquire or hold lands of the public
national parks. Agricultural lands of the public domain.
domain may be further classified by law according
to the uses to which they may be devoted. Alienable Section 8. Notwithstanding the provisions of
lands of the public domain shall be limited to Section 7 of this Article, a natural-born citizen of the
agricultural lands. Private corporations or Philippines who has lost his Philippine citizenship
associations may not hold such alienable lands of may be a transferee of private lands, subject to
the public domain except by lease, for a period not limitations provided by law.
exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed one Section 9. The Congress may establish an
thousand hectares in area. Citizens of the independent economic and planning agency headed
Philippines may lease not more than five hundred by the President, which shall, after consultations
hectares, or acquire not more than twelve hectares with the appropriate public agencies, various private
thereof, by purchase, homestead, or grant. sectors, and local government units, recommend to
Taking into account the requirements of Congress, and implement continuing integrated and
conservation, ecology, and development, and coordinated programs and policies for national
subject to the requirements of agrarian reform, the development.
Congress shall determine, by law, the size of lands Until the Congress provides otherwise, the National
of the public domain which may be acquired, Economic and Development Authority shall
developed, held, or leased and the conditions function as the independent planning agency of the
therefor. government.

Section 4. The Congress shall, as soon as possible, Section 10. The Congress shall, upon
determine, by law, the specific limits of forest lands recommendation of the economic and planning
and national parks, marking clearly their boundaries agency, when the national interest dictates, reserve
on the ground. Thereafter, such forest lands and to citizens of the Philippines or to corporations or
national parks shall be conserved and may not be associations at least sixty per centum of whose
increased nor diminished, except by law. The capital is owned by such citizens, or such higher
Congress shall provide for such period as it may percentage as Congress may prescribe, certain areas
determine, measures to prohibit logging in of investments. The Congress shall enact measures
endangered forests and watershed areas. that will encourage the formation and operation of
enterprises whose capital is wholly owned by
Section 5. The State, subject to the provisions of this Filipinos.
Constitution and national development policies and In the grant of rights, privileges, and concessions
programs, shall protect the rights of indigenous covering the national economy and patrimony, the
cultural communities to their ancestral lands to State shall give preference to qualified Filipinos.
ensure their economic, social, and cultural well- The State shall regulate and exercise authority over
being. foreign investments within its national jurisdiction
The Congress may provide for the applicability of and in accordance with its national goals and
customary laws governing property rights or priorities.

1987 Constitution of the Philippines


Section 11. No franchise, certificate, or any other the emergency and under reasonable terms
form of authorization for the operation of a public prescribed by it, temporarily take over or direct the
utility shall be granted except to citizens of the operation of any privately-owned public utility or
Philippines or to corporations or associations business affected with public interest.
organized under the laws of the Philippines, at least
sixty per centum of whose capital is owned by such Section 18. The State may, in the interest of national
citizens; nor shall such franchise, certificate, or welfare or defense, establish and operate vital
authorization be exclusive in character or for a industries and, upon payment of just compensation,
longer period than fifty years. Neither shall any such transfer to public ownership utilities and other
franchise or right be granted except under the private enterprises to be operated by the
condition that it shall be subject to amendment, Government.
alteration, or repeal by the Congress when the
common good so requires. The State shall Section 19. The State shall regulate or prohibit
encourage equity participation in public utilities by monopolies when the public interest so requires. No
the general public. The participation of foreign combinations in restraint of trade or unfair
investors in the governing body of any public utility competition shall be allowed.
enterprise shall be limited to their proportionate
share in its capital, and all the executive and Section 20. The Congress shall establish an
managing officers of such corporation or association independent central monetary authority, the
must be citizens of the Philippines. members of whose governing board must be natural-
born Filipino citizens, of known probity, integrity,
Section 12. The State shall promote the preferential and patriotism, the majority of whom shall come
use of Filipino labor, domestic materials and locally from the private sector. They shall also be subject to
produced goods, and adopt measures that help make such other qualifications and disabilities as may be
them competitive. prescribed by law. The authority shall provide
policy direction in the areas of money, banking, and
Section 13. The State shall pursue a trade policy that credit. It shall have supervision over the operations
serves the general welfare and utilizes all forms and of banks and exercise such regulatory powers as
arrangements of exchange on the basis of equality may be provided by law over the operations of
and reciprocity. finance companies and other institutions performing
similar functions.
Section 14. The sustained development of a Until the Congress otherwise provides, the Central
reservoir of national talents consisting of Filipino Bank of the Philippines operating under existing
scientists, entrepreneurs, professionals, managers, laws, shall function as the central monetary
high-level technical manpower and skilled workers authority.
and craftsmen in all fields shall be promoted by the
State. The State shall encourage appropriate Section 21. Foreign loans may only be incurred in
technology and regulate its transfer for the national accordance with law and the regulation of the
benefit. The practice of all professions in the monetary authority. Information on foreign loans
Philippines shall be limited to Filipino citizens, save obtained or guaranteed by the Government shall be
in cases prescribed by law. made available to the public.

Section 15. The Congress shall create an agency to Section 22. Acts which circumvent or negate any of
promote the viability and growth of cooperatives as the provisions of this Article shall be considered
instruments for social justice and economic inimical to the national interest and subject to
development. criminal and civil sanctions, as may be provided by
law.
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 ARTICLE XIII
established by special charters in the interest of the SOCIAL JUSTICE AND HUMAN RIGHTS
common good and subject to the test of economic
viability. Section 1. The Congress shall give highest priority
to the enactment of measures that protect and
Section 17. In times of national emergency, when enhance the right of all the people to human dignity,
the public interest so requires, the State may, during reduce social, economic, and political inequalities,

1987 Constitution of the Philippines


and remove cultural inequities by equitably
diffusing wealth and political power for the common Section 5. The State shall recognize the right of
good. farmers, farmworkers, and landowners, as well as
To this end, the State shall regulate the acquisition, cooperatives, and other independent farmers'
ownership, use, and disposition of property and its organizations to participate in the planning,
increments. organization, and management of the program, and
shall provide support to agriculture through
Section 2. The promotion of social justice shall appropriate technology and research, and adequate
include the commitment to create economic financial, production, marketing, and other support
opportunities based on freedom of initiative and services.
self-reliance.
Section 6. The State shall apply the principles of
LABOR agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition
Section 3. The State shall afford full protection to or utilization of other natural resources, including
labor, local and overseas, organized and lands of the public domain under lease or concession
unorganized, and promote full employment and suitable to agriculture, subject to prior rights,
equality of employment opportunities for all. homestead rights of small settlers, and the rights of
It shall guarantee the rights of all workers to self- indigenous communities to their ancestral lands.
organization, collective bargaining and The State may resettle landless farmers and
negotiations, and peaceful concerted activities, farmworkers in its own agricultural estates which
including the right to strike in accordance with law. shall be distributed to them in the manner provided
They shall be entitled to security of tenure, humane by law.
conditions of work, and a living wage. They shall
also participate in policy and decision-making Section 7. The State shall protect the rights of
processes affecting their rights and benefits as may subsistence fishermen, especially of local
be provided by law. communities, to the preferential use of the
The State shall promote the principle of shared communal marine and fishing resources, both inland
responsibility between workers and employers and and offshore. It shall provide support to such
the preferential use of voluntary modes in settling fishermen through appropriate technology and
disputes, including conciliation, and shall enforce research, adequate financial, production, and
their mutual compliance therewith to foster marketing assistance, and other services. The State
industrial peace. shall also protect, develop, and conserve such
The State shall regulate the relations between resources. The protection shall extend to offshore
workers and employers, recognizing the right of fishing grounds of subsistence fishermen against
labor to its just share in the fruits of production and foreign intrusion. Fishworkers shall receive a just
the right of enterprises to reasonable returns to share from their labor in the utilization of marine
investments, and to expansion and growth. and fishing resources.

AGRARIAN AND NATURAL RESOURCES Section 8. The State shall provide incentives to
REFORM landowners to invest the proceeds of the agrarian
reform program to promote industrialization,
Section 4. The State shall, by law, undertake an employment creation, and privatization of public
agrarian reform program founded on the right of sector enterprises. Financial instruments used as
farmers and regular farmworkers who are landless, payment for their lands shall be honored as equity in
to own directly or collectively the lands they till or, enterprises of their choice.
in the case of other farmworkers, to receive a just
share of the fruits thereof. To this end, the State shall URBAN LAND REFORM AND HOUSING
encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and Section 9. The State shall, by law, and for the
reasonable retention limits as the Congress may common good, undertake, in cooperation with the
prescribe, taking into account ecological, private sector, a continuing program of urban land
developmental, or equity considerations, and reform and housing which will make available at
subject to the payment of just compensation. In affordable cost, decent housing and basic services to
determining retention limits, the State shall respect under-privileged and homeless citizens in urban
the right of small landowners. The State shall further centers and resettlement areas. It shall also promote
provide incentives for voluntary land-sharing. adequate employment opportunities to such citizens.

1987 Constitution of the Philippines


In the implementation of such program the State participation at all levels of social, political, and
shall respect the rights of small property owners. economic decision-making shall not be abridged.
The State shall, by law, facilitate the establishment
Section 10. Urban or rural poor dwellers shall not of adequate consultation mechanisms.
be evicted nor their dwelling demolished, except in
accordance with law and in a just and humane HUMAN RIGHTS
manner.
No resettlement of urban or rural dwellers shall be Section 17.
undertaken without adequate consultation with them 1. There is hereby created an independent
and the communities where they are to be relocated. office called the Commission on Human
Rights.
HEALTH 2. The Commission shall be composed of a
Chairman and four Members who must
Section 11. The State shall adopt an integrated and be natural-born citizens of the
comprehensive approach to health development Philippines and a majority of whom shall
which shall endeavor to make essential goods, be members of the Bar. The term of
health and other social services available to all the office and other qualifications and
people at affordable cost. There shall be priority for disabilities of the Members of the
the needs of the under-privileged, sick, elderly, Commission shall be provided by law.
disabled, women, and children. The State shall 3. Until this Commission is constituted, the
endeavor to provide free medical care to paupers. existing Presidential Committee on
Human Rights shall continue to exercise
Section 12. The State shall establish and maintain its present functions and powers.
an effective food and drug regulatory system and 4. The approved annual appropriations of
undertake appropriate health, manpower the Commission shall be automatically
development, and research, responsive to the and regularly released.
country's health needs and problems.
Section 18. The Commission on Human Rights
Section 13. The State shall establish a special shall have the following powers and functions:
agency for disabled person for their rehabilitation, 1. Investigate, on its own or on complaint
self-development, and self-reliance, and their by any party, all forms of human rights
integration into the mainstream of society. violations involving civil and political
rights;
WOMEN 2. Adopt its operational guidelines and
rules of procedure, and cite for contempt
Section 14. The State shall protect working women for violations thereof in accordance with
by providing safe and healthful working conditions, the Rules of Court;
taking into account their maternal functions, and 3. Provide appropriate legal measures for
such facilities and opportunities that will enhance the protection of human rights of all
their welfare and enable them to realize their full persons within the Philippines, as well as
potential in the service of the nation. Filipinos residing abroad, and provide
for preventive measures and legal aid
ROLE AND RIGHTS OF PEOPLE'S services to the under-privileged whose
ORGANIZATIONS human rights have been violated or need
protection;
Section 15. The State shall respect the role of 4. Exercise visitorial powers over jails,
independent people's organizations to enable the prisons, or detention facilities;
people to pursue and protect, within the democratic 5. Establish a continuing program of
framework, their legitimate and collective interests research, education, and information to
and aspirations through peaceful and lawful means. enhance respect for the primacy of
People's organizations are bona fide associations of human rights;
citizens with demonstrated capacity to promote the 6. Recommend to Congress effective
public interest and with identifiable leadership, measures to promote human rights and to
membership, and structure. provide for compensation to victims of
violations of human rights, or their
Section 16. The right of the people and their families;
organizations to effective and reasonable

1987 Constitution of the Philippines


7. Monitor the Philippine Government's 4. Encourage non-formal, informal, and
compliance with international treaty indigenous learning systems, as well as
obligations on human rights; self-learning, independent, and out-of-
8. Grant immunity from prosecution to any school study programs particularly those
person whose testimony or whose that respond to community needs; and
possession of documents or other 5. Provide adult citizens, the disabled, and
evidence is necessary or convenient to out-of-school youth with training in
determine the truth in any investigation civics, vocational efficiency, and other
conducted by it or under its authority; skills.
9. Request the assistance of any
department, bureau, office, or agency in Section 3.
the performance of its functions; 1. All educational institutions shall include
10. Appoint its officers and employees in the study of the Constitution as part of
accordance with law; and the curricula.
11. Perform such other duties and functions 2. They shall inculcate patriotism and
as may be provided by law. nationalism, foster love of humanity,
respect for human rights, appreciation of
Section 19. The Congress may provide for other the role of national heroes in the
cases of violations of human rights that should fall historical development of the country,
within the authority of the Commission, taking into teach the rights and duties of citizenship,
account its recommendations. strengthen ethical and spiritual values,
develop moral character and personal
discipline, encourage critical and
creative thinking, broaden scientific and
ARTICLE XIV technological knowledge, and promote
EDUCATION, SCIENCE AND vocational efficiency.
TECHNOLOGY, ARTS, CULTURE AND 3. At the option expressed in writing by the
SPORTS parents or guardians, religion shall be
allowed to be taught to their children or
wards in public elementary and high
EDUCATION schools within the regular class hours by
instructors designated or approved by
Section 1. The State shall protect and promote the the religious authorities of the religion to
right of all citizens to quality education at all levels, which the children or wards belong,
and shall take appropriate steps to make such without additional cost to the
education accessible to all. Government.

Section 2. The State shall: Section 4.


1. Establish, maintain, and support a 1. The State recognizes the complementary
complete, adequate, and integrated roles of public and private institutions in
system of education relevant to the needs the educational system and shall exercise
of the people and society; reasonable supervision and regulation of
2. Establish and maintain, a system of free all educational institutions.
public education in the elementary and 2. Educational institutions, other than those
high school levels. Without limiting the established by religious groups and
natural rights of parents to rear their mission boards, shall be owned solely by
children, elementary education is citizens of the Philippines or
compulsory for all children of school corporations or associations at least sixty
age; per centum of the capital of which is
3. Establish and maintain a system of owned by such citizens. The Congress
scholarship grants, student loan may, however, require increased Filipino
programs, subsidies, and other equity participation in all educational
incentives which shall be available to institutions. The control and
deserving students in both public and administration of educational
private schools, especially to the under- institutions shall be vested in citizens of
privileged; the Philippines.

1987 Constitution of the Philippines


No educational institution shall be LANGUAGE
established exclusively for aliens and no
group of aliens shall comprise more than Section 6. The national language of the Philippines
one-third of the enrollment in any is Filipino. As it evolves, it shall be further
school. The provisions of this sub developed and enriched on the basis of existing
section shall not apply to schools Philippine and other languages.
established for foreign diplomatic Subject to provisions of law and as the Congress
personnel and their dependents and, may deem appropriate, the Government shall take
unless otherwise provided by law, for steps to initiate and sustain the use of Filipino as a
other foreign temporary residents. medium of official communication and as language
3. All revenues and assets of non-stock, of instruction in the educational system.
non-profit educational institutions used
actually, directly, and exclusively for Section 7. For purposes of communication and
educational purposes shall be exempt instruction, the official languages of the Philippines
from taxes and duties. Upon the are Filipino and, until otherwise provided by law,
dissolution or cessation of the corporate English.
existence of such institutions, their assets The regional languages are the auxiliary official
shall be disposed of in the manner languages in the regions and shall serve as auxiliary
provided by law. media of instruction therein.
Proprietary educational institutions, Spanish and Arabic shall be promoted on a
including those cooperatively owned, voluntary and optional basis.
may likewise be entitled to such
exemptions, subject to the limitations Section 8. This Constitution shall be promulgated in
provided by law, including restrictions Filipino and English and shall be translated into
on dividends and provisions for major regional languages, Arabic, and Spanish.
reinvestment.
4. Subject to conditions prescribed by law, Section 9. The Congress shall establish a national
all grants, endowments, donations, or language commission composed of representatives
contributions used actually, directly, and of various regions and disciplines which shall
exclusively for educational purposes undertake, coordinate, and promote researches for
shall be exempt from tax. the development, propagation, and preservation of
Filipino and other languages.
Section 5.
1. the State shall take into account regional SCIENCE AND TECHNOLOGY
and sectoral needs and conditions and
shall encourage local planning in the Section 10. Science and technology are essential for
development of educational policies and national development and progress. The State shall
programs. give priority to research and development,
2. Academic freedom shall be enjoyed in invention, innovation, and their utilization; and to
all institutions of higher learning. science and technology education, training, and
3. Every citizen has a right to select a services. It shall support indigenous, appropriate,
profession or course of study, subject to and self-reliant scientific and technological
fair, reasonable, and equitable admission capabilities, and their application to the country's
and academic requirements. productive systems and national life.
4. The State shall enhance the right of
teachers to professional advancement. Section 11. The Congress may provide for
Non-teaching academic and non- incentives, including tax deductions, to encourage
academic personnel shall enjoy the private participation in programs of basic and
protection of the State. applied scientific research. Scholarships, grants-in-
5. The State shall assign the highest aid, or other forms of incentives shall be provided to
budgetary priority to education and deserving science students, researchers, scientists,
ensure that teaching will attract and inventors, technologists, and specially gifted
retain its rightful share of the best citizens.
available talents through adequate
remuneration and other means of job Section 12. The State shall regulate the transfer and
satisfaction and fulfillment. promote the adaptation of technology from all
sources for the national benefit. It shall encourage

1987 Constitution of the Philippines


the widest participation of private groups, local the development of a healthy and alert
governments, and community-based organizations citizenry.
in the generation and utilization of science and 2. All educational institutions shall
technology. undertake regular sports activities
throughout the country in cooperation
Section 13. The State shall protect and secure the with athletic clubs and other sectors.
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. ARTICLE XV
THE FAMILY
ARTS AND CULTURE
Section 1. The State recognizes the Filipino family
Section 14. The State shall foster the preservation, as the foundation of the nation. Accordingly, it shall
enrichment, and dynamic evolution of a Filipino strengthen its solidarity and actively promote its
national culture based on the principle of unity in total development.
diversity in a climate of free artistic and intellectual
expression. Section 2. Marriage, as an inviolable social
institution, is the foundation of the family and shall
Section 15. Arts and letters shall enjoy the be protected by the State.
patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and Section 3. The State shall defend:
cultural heritage and resources, as well as artistic 1. The right of spouses to found a family in
creations. accordance with their religious
convictions and the demands of
Section 16. All the country's artistic and historic responsible parenthood;
wealth constitutes the cultural treasure of the nation 2. The right of children to assistance,
and shall be under the protection of the State which including proper care and nutrition, and
may regulate its disposition. special protection from all forms of
neglect, abuse, cruelty, exploitation and
Section 17. The State shall recognize, respect, and other conditions prejudicial to their
protect the rights of indigenous cultural development;
communities to preserve and develop their cultures, The right of the family to a family living
traditions, and institutions. It shall consider these wage and income; and
rights in the formulation of national plans and 3. The right of families or family
policies. associations to participate in the
planning and implementation of policies
Section 18. and programs that affect them.
1. The State shall ensure equal access to
cultural opportunities through the Section 4. The family has the duty to care for its
educational system, public or private elderly members but the State may also do so
cultural entities, scholarships, grants and through just programs of social security.
other incentives, and community cultural
centers, and other public venues.
2. The State shall encourage and support
researches and studies on the arts and ARTICLE XVI
culture. GENERAL PROVISIONS

SPORTS Section 1. The flag of the Philippines shall be red,


white, and blue, with a sun and three stars, as
Section 19. consecrated and honored by the people and
1. The State shall promote physical recognized by law.
education and encourage sports
programs, league competitions, and Section 2. The Congress may, by law, adopt a new
amateur sports, including training for name for the country, a national anthem, or a
international competitions, to foster self- national seal, which shall all be truly reflective and
discipline, teamwork, and excellence for symbolic of the ideals, history, and traditions of the

1987 Constitution of the Philippines


people. Such law shall take effect only upon its assistance to war veterans and veterans of military
ratification by the people in a national referendum. campaigns, their surviving spouses and orphans.
Funds shall be provided therefor and due
Section 3. The State may not be sued without its consideration shall be given them in the disposition
consent. of agricultural lands of the public domain and, in
appropriate cases, in the utilization of natural
Section 4. The Armed Forces of the Philippines resources.
shall be composed of a citizen armed force which
shall undergo military training and serve as may be Section 8. The State shall, from time to time, review
provided by law. It shall keep a regular force to increase the pensions and other benefits due to
necessary for the security of the State. retirees of both the government and the private
sectors.
Section 5.
1. All members of the armed forces shall Section 9. The State shall protect consumers from
take an oath or affirmation to uphold and trade malpractices and from substandard or
defend this Constitution. hazardous products.
2. The State shall strengthen the patriotic
spirit and nationalist consciousness of Section 10. The State shall provide the policy
the military, and respect for people's environment for the full development of Filipino
rights in the performance of their duty. capability and the emergence of communication
3. Professionalism in the armed forces and structures suitable to the needs and aspirations of the
adequate remuneration and benefits of nation and the balanced flow of information into, out
its members shall be a prime concern of of, and across the country, in accordance with a
the State. The armed forces shall be policy that respects the freedom of speech and of the
insulated from partisan politics. No press.
member of the military shall engage,
directly or indirectly, in any partisan Section 11.
political activity, except to vote. 1. The ownership and management of mass
4. No member of the armed forces in the media shall be limited to citizens of the
active service shall, at any time, be Philippines, or to corporations,
appointed or designated in any capacity cooperatives or associations, wholly-
to a civilian position in the Government, owned and managed by such citizens.
including government-owned or The Congress shall regulate or prohibit
controlled corporations or any of their monopolies in commercial mass media
subsidiaries. when the public interest so requires. No
5. Laws on retirement of military officers combinations in restraint of trade or
shall not allow extension of their service. unfair competition therein shall be
6. The officers and men of the regular force allowed.
of the armed forces shall be recruited 2. The advertising industry is impressed
proportionately from all provinces and with public interest, and shall be
cities as far as practicable. regulated by law for the protection of
7. The tour of duty of the Chief of Staff of consumers and the promotion of the
the armed forces shall not exceed three general welfare.
years. However, in times of war or other Only Filipino citizens or corporations or
national emergency declared by the associations at least seventy per centum
Congress, the President may extend such of the capital of which is owned by such
tour of duty. citizens shall be allowed to engage in the
advertising industry.
Section 6. The State shall establish and maintain The participation of foreign investors in
one police force, which shall be national in scope the governing body of entities in such
and civilian in character, to be administered and industry shall be limited to their
controlled by a national police commission. The proportionate share in the capital thereof,
authority of local executives over the police units in and all the executive and managing
their jurisdiction shall be provided by law. officers of such entities must be citizens
of the Philippines.
Section 7. The State shall provide immediate and
adequate care, benefits, and other forms of

1987 Constitution of the Philippines


Section 12. The Congress may create a consultative The first local elections shall be held on a date to be
body to advise the President on policies affecting determined by the President, which may be
indigenous cultural communities, the majority of the simultaneous with the election of the Members of
members of which shall come from such the Congress. It shall include the election of all
communities. Members of the city or municipal councils in the
Metropolitan Manila area.

Section 2. The Senators, Members of the House of


ARTICLE XVII Representatives, and the local officials first elected
AMENDMENTS OR REVISIONS under this Constitution shall serve until noon of June
30, 1992.
Section 1. Any amendment to, or revision of, this Of the Senators elected in the elections in 1992, the
Constitution may be proposed by: first twelve obtaining the highest number of votes
1. The Congress, upon a vote of three- shall serve for six years and the remaining twelve
fourths of all its Members; or for three years.
2. A constitutional convention.
Section 3. All existing laws, decrees, executive
Section 2. Amendments to this Constitution may orders, proclamations, letters of instructions, and
likewise be directly proposed by the people through other executive issuances not inconsistent with this
initiative upon a petition of at least twelve per Constitution shall remain operative until amended,
centum of the total number of registered voters, of repealed, or revoked.
which every legislative district must be represented
by at least three per centum of the registered voters Section 4. All existing treaties or international
therein. No amendment under this section shall be agreements which have not been ratified shall not be
authorized within five years following the renewed or extended without the concurrence of at
ratification of this Constitution nor oftener than once least two-thirds of all the Members of the Senate.
every five years thereafter.
The Congress shall provide for the implementation Section 5. The six-year term of the incumbent
of the exercise of this right. President and Vice-President elected in the February
7, 1986 election is, for purposes of synchronization
Section 3. The Congress may, by a vote of two- of elections, hereby extended to noon of June 30,
thirds of all its Members, call a constitutional 1992.
convention, or by a majority vote of all its Members, The first regular elections for the President and
submit to the electorate the question of calling such Vice-President under this Constitution shall be held
a convention. on the second Monday of May, 1992.

Section 4.Any amendment to, or revision of, this Section 6. The incumbent President shall continue
Constitution under Section 1 hereof shall be valid to exercise legislative powers until the first
when ratified by a majority of the votes cast in a Congress is convened.
plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of Section 7. Until a law is passed, the President may
such amendment or revision. fill by appointment from a list of nominees by the
Any amendment under Section 2 hereof shall be respective sectors, the seats reserved for sectoral
valid when ratified by a majority of the votes cast in representation in paragraph (2), Section 5 of Article
a plebiscite which shall be held not earlier than sixty V1 of this Constitution.
days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency Section 8. Until otherwise provided by the
of the petition. Congress, the President may constitute the
Metropolitan Manila Authority to be composed of
the heads of all local government units comprising
the Metropolitan Manila area.
ARTICLE XVIII
TRANSITORY PROVISIONS Section 9. A sub-province shall continue to exist
and operate until it is converted into a regular
Section 1. The first elections of Members of the province or until its component municipalities are
Congress under this Constitution shall be held on the reverted to the mother province.
second Monday of May, 1987.

1987 Constitution of the Philippines


Section 10. All courts existing at the time of the In lieu thereof, at the option of the employees, they
ratification of this Constitution shall continue to may be considered for employment in the
exercise their jurisdiction, until otherwise provided Government or in any of its subdivisions,
by law. The provisions of the existing Rules of instrumentalities, or agencies, including
Court, judiciary acts, and procedural laws not government-owned or controlled corporations and
inconsistent with this Constitution shall remain their subsidiaries. This provision also applies to
operative unless amended or repealed by the career officers whose resignation, tendered in line
Supreme Court or the Congress. with the existing policy, had been accepted.

Section 11. The incumbent Members of the Section 17. Until the Congress provides otherwise,
Judiciary shall continue in office until they reach the the President shall receive an annual salary of three
age of seventy years or become incapacitated to hundred thousand pesos; the Vice-President, the
discharge the duties of their office or are removed President of the Senate, the Speaker of the House of
for cause. Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand pesos
Section 12. The Supreme Court shall, within one each; the Senators, the Members of the House of
year after the ratification of this Constitution, adopt Representatives, the Associate Justices of the
a systematic plan to expedite the decision or Supreme Court, and the Chairmen of the
resolution of cases or matters pending in the Constitutional Commissions, two hundred four
Supreme Court or the lower courts prior to the thousand pesos each; and the Members of the
effectivity of this Constitution. A similar plan shall Constitutional Commissions, one hundred eighty
be adopted for all special courts and quasi-judicial thousand pesos each.
bodies.
Section 18. At the earliest possible time, the
Section 13. The legal effect of the lapse, before the Government shall increase the salary scales of the
ratification of this Constitution, of the applicable other officials and employees of the National
period for the decision or resolution of the cases or Government.
matters submitted for adjudication by the courts,
shall be determined by the Supreme Court as soon Section 19. All properties, records, equipment,
as practicable. buildings, facilities, and other assets of any office or
body abolished or reorganized under Proclamation
Section 14. The provisions of paragraphs (3) and No. 3 dated March 25, 1986 or this Constitution
(4), Section 15 of Article VIII of this Constitution shall be transferred to the office or body to which its
shall apply to cases or matters filed before the powers, functions, and responsibilities substantially
ratification of this Constitution, when the applicable pertain.
period lapses after such ratification.
Section 20. The first Congress shall give priority to
Section 15. The incumbent Members of the Civil the determination of the period for the full
Service Commission, the Commission on Elections, implementation of free public secondary education.
and the Commission on Audit shall continue in
office for one year after the ratification of this Section 21. The Congress shall provide efficacious
Constitution, unless they are sooner removed for procedures and adequate remedies for the reversion
cause or become incapacitated to discharge the to the State of all lands of the public domain and real
duties of their office or appointed to a new term rights connected therewith which were acquired in
thereunder. In no case shall any Member serve violation of the Constitution or the public land laws,
longer than seven years including service before the or through corrupt practices. No transfer or
ratification of this Constitution. disposition of such lands or real rights shall be
allowed until after the lapse of one year from the
Section 16. Career civil service employees ratification of this Constitution.
separated from the service not for cause but as a
result of the reorganization pursuant to Section 22. At the earliest possible time, the
Proclamation No. 3 dated March 25, 1986 and the Government shall expropriate idle or abandoned
reorganization following the ratification of this agricultural lands as may be defined by law, for
Constitution shall be entitled to appropriate distribution to the beneficiaries of the agrarian
separation pay and to retirement and other benefits reform program.
accruing to them under the laws of general
application in force at the time of their separation.

1987 Constitution of the Philippines


Section 23. Advertising entities affected by and accordingly signed on the fifteenth day of
paragraph (2), Section 11 of Article XV1 of this October, Nineteen hundred and eighty-six at the
Constitution shall have five years from its Plenary Hall, National Government Center, Quezon
ratification to comply on a graduated and City, by the Commissioners whose signatures are
proportionate basis with the minimum Filipino hereunder affixed.
ownership requirement therein.

Section 24. Private armies and other armed groups


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

Section 25. After the expiration in 1991 of the


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

Section 26. The authority to issue sequestration or


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

Section 27. This Constitution shall take effect


immediately upon its ratification by a majority of
the votes cast in a plebiscite held for the purpose and
shall supersede all previous Constitutions.
The foregoing proposed Constitution of the
Republic of the Philippines was approved by the
Constitutional Commission of 1986 on the twelfth
day of October, Nineteen hundred and eighty-six,

1987 Constitution of the Philippines

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