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THE 1987 PHILIPPINE CONSTITUTION

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES adheres to the policy of
o peace,
o equality,
PREAMBLE o justice,
o freedom,
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to o cooperation, and
build a just and humane society and establish a Government that shall o amity with all nations.
embody our ideals and aspirations,
promote the common good, Section 3. Civilian authority is, at all times,
conserve and develop our patrimony, and supreme over the military.
secure to ourselves and our posterity the blessings of independence The Armed Forces of the Philippines
and democracy under the rule of law and a regime of truth, justice, is the protector of the people and the State.
freedom, love, equality, and peace, Its goal is to secure
o do ordain and promulgate this Constitution. o the sovereignty of the State and
o the integrity of the national territory.

ARTICLE I Section 4. The prime duty of the Government


NATIONAL TERRITORY is to serve and protect the people.
The Government
The national territory comprises may call upon the people to defend the State and,
the Philippine archipelago, with all the islands and waters embraced in the fulfillment thereof, all citizens may be required, under conditions
therein, and provided by law, to render personal
all other territories over which the Philippines has sovereignty or o military or
jurisdiction, o civil service.
o consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, Section 5.
and other submarine areas. The maintenance of peace and order,
The waters the protection of life, liberty, and property, and
around, the promotion of the general welfare
between, and o are essential for the enjoyment by all the people of the blessings
connecting the islands of the archipelago, of democracy.
o regardless of their breadth and dimensions, form part of the
internal waters of the Philippines. Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES Section 7. The State shall pursue an independent foreign policy. In its relations
with other states the paramount consideration shall be
PRINCIPLES national sovereignty,
territorial integrity,
Section 1. The Philippines is a democratic and republican State. Sovereignty national interest, and
resides in the people and all government authority emanates from them. the right to self-determination.

Section 2. The Philippines Section 8. The Philippines, consistent with the national interest,
renounces war as an instrument of national policy, adopts and pursues a policy of freedom from nuclear weapons in its
adopts the generally accepted principles of international law as part of territory.
the law of the land and

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Section 9. The State shall promote a just and dynamic social order that will in accord with the rhythm and harmony of nature.
ensure the prosperity and independence of the nation and
free the people from poverty Section 17. The State shall give priority to education, science and technology,
through policies that arts, culture, and sports to
provide adequate social services, foster patriotism and nationalism,
promote full employment, a rising standard of living, and an improved accelerate social progress, and
quality of life for all. promote total human liberation and development.

Section 10. The State shall promote social justice Section 18. The State affirms labor
in all phases of national development. as a primary social economic force.
It shall
Section 11. The State protect the rights of workers and
values the dignity of every human person and promote their welfare.
guarantees full respect for human rights.
Section 19. The State shall develop
Section 12. The State a self-reliant and independent national economy
recognizes the sanctity of family life and effectively controlled by Filipinos.
shall protect and strengthen the family as a basic autonomous social
institution. Section 20. The State
It shall equally protect recognizes the indispensable role of the private sector,
the life of the mother and encourages private enterprise, and
the life of the unborn from conception. provides incentives to needed investments.
The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and Section 21. The State shall promote
the development of moral character comprehensive rural development and
o shall receive the support of the Government. agrarian reform.

Section 13. The State Section 22. The State recognizes and promotes the rights of indigenous
recognizes the vital role of the youth in nation-building and cultural communities within the framework of
shall promote and protect their physical, moral, spiritual, intellectual, national unity and
and social well-being. development.
It shall
inculcate in the youth patriotism and nationalism, and Section 23. The State shall encourage
encourage their involvement in public and civic affairs. non-governmental,
community-based, or
Section 14. The State sectoral organizations
recognizes the role of women in nation-building, and o that promote the welfare of the nation.
shall ensure the fundamental equality before the law of women and
men. Section 24. The State recognizes the vital role of communication and
information in nation-building.
Section 15. The State shall
protect and promote the right to health of the people and Section 25. The State shall ensure the autonomy of local governments.
instill health consciousness among them.
Section 26. The State shall
Section 16. The State shall protect and advance the right of the people to a guarantee equal access to opportunities for public service and
balanced and healthful ecology prohibit political dynasties as may be defined by law.

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Section 27. The State shall o shall be inadmissible for any purpose in any proceeding.
maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption. Section 4. No law shall be passed abridging
the freedom
Section 28. Subject to reasonable conditions prescribed by law, the State o of speech,
adopts and implements a policy of full public disclosure o of expression, or
of all its transactions involving public interest. o of the press, or
the right of the people peaceably to
o assemble and
ARTICLE III o petition the government for redress of grievances.
BILL OF RIGHTS
Section 5. No law shall be made
Section 1. No person shall be deprived of respecting an establishment of religion, or
life, prohibiting the free exercise thereof.
liberty, or The free exercise and enjoyment of religious profession and worship, without
property discrimination or preference,
o without due process of law, shall forever be allowed.
nor shall any person No religious test shall be required for the exercise of
be denied the equal protection of the laws. civil or
political rights.
Section 2. The right of the people
to be secure in their persons, houses, papers, and effects Section 6. The liberty
against unreasonable searches and seizures of abode and
o of whatever nature and of changing the same
o for any purpose o within the limits prescribed by law
! shall be inviolable, and ! shall not be impaired
no search warrant or warrant of arrest shall issue except except
upon probable cause upon lawful order of the court.
to be determined personally by the judge Neither shall the right to travel be impaired
after examination under oath or affirmation of except in the interest of
o the complainant and o national security,
o the witnesses he may produce, and o public safety, or
particularly describing o public health,
o the place to be searched and ! as may be provided by law.
o the persons or things to be seized.
Section 7. The right of the people to information on matters of public concern
Section 3. shall be recognized.
Access
(1) The privacy of communication and correspondence to official records, and
shall be inviolable to documents and papers pertaining
except o to official acts, transactions, or decisions, as well as
upon lawful order of the court, or o to government research data used as basis for policy
when public safety or order requires otherwise as prescribed by law. development,
! shall be afforded the citizen,
(2) Any evidence obtained in violation ! subject to such limitations as may be provided by law.
of this or
the preceding section Section 8. The right of the people, including those employed in the

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public and other similar forms of detention


private sectors, o are prohibited.
to form
unions, (3) Any confession or admission obtained in violation of
associations, or this or
societies Section 17 hereof
o for purposes not contrary to law o shall be inadmissible in evidence against him.
! shall not be abridged.
(4) The law shall provide for
Section 9. Private property shall not be taken for public use penal and civil sanctions for violations of this section
without just compensation. as well as compensation to and rehabilitation of
o victims of torture or similar practices, and
Section 10. No law impairing the obligation of contracts shall be passed. o their families.

Section 11. Free access to the Section 13. All persons, except
courts and those charged with offenses punishable by reclusion perpetua
quasi-judicial bodies and when evidence of guilt is strong,
adequate legal assistance shall, before conviction,
o shall not be denied to any person by reason of poverty. be bailable by sufficient sureties, or
be released on recognizance as may be provided by law.
Section 12. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is suspended.
(1) Any person Excessive bail
under investigation shall not be required.
for the commission of an offense
shall have the right Section 14.
to be informed of his right to remain silent and
to have competent and independent counsel (1) No person shall be held to answer for a criminal offense
o preferably of his own choice. without due process of law.
o If the person cannot afford the services of counsel, he must be
provided with one. (2) In all criminal prosecutions, the accused
These rights cannot be waived except shall be presumed innocent until the contrary is proved, and
in writing and shall enjoy the right
in the presence of counsel. o to be heard by himself and counsel,
o to be informed of the nature and cause of the accusation against
(2) No him,
torture, o to have a speedy, impartial, and public trial,
force, o to meet the witnesses face to face, and
violence, o to have compulsory process to secure the attendance of witnesses
threat, and the production of evidence in his behalf.
intimidation, or However, after arraignment,
any other means which vitiate the free will trial may proceed notwithstanding the absence of the accused
o shall be used against him. provided that
Secret detention places, o he has been duly notified and
o his failure to appear is unjustifiable.
solitary,
incommunicado, or
Section 15. The privilege of the writ of habeas corpus

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shall not be suspended If an act is punished by a law and an ordinance,


except conviction or acquittal under either shall constitute a bar to another
in cases of invasion or rebellion prosecution for the same act.
when the public safety requires it.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Section 16. All persons shall have the right to a speedy disposition of their
cases before all
judicial, ARTICLE IV
quasi-judicial, or CITIZENSHIP
administrative bodies.
Section 1. The following are citizens of the Philippines:
Section 17. No person shall be compelled to be a witness against himself.
(1) Those who are citizens of the Philippines at the time of the adoption of
Section 18. this Constitution;

(1) No person shall be detained (2) Those whose fathers or mothers are citizens of the Philippines;
solely by reason of his political beliefs and aspirations.
(3) Those born
(2) No involuntary servitude in any form shall exist except before January 17, 1973,
as a punishment for a crime of Filipino mothers,
whereof the party shall have been duly convicted. who elect Philippine Citizenship upon reaching the age of majority;
and
Section 19.
(4) Those who are naturalized in the accordance with law.
(1)
Excessive fines shall not be imposed, Section 2. Natural-born citizens
nor cruel, degrading or inhuman punishment inflicted. are those who are citizens of the Philippines from birth without having
Neither shall death penalty be imposed, unless, to perform any act to acquire or perfect their Philippine citizenship.
o for compelling reasons Those who elect Philippine citizenship in accordance with paragraph
o involving heinous crimes, (3), Section 1 hereof shall be deemed natural-born citizens.
o the Congress hereafter provides for it.
Any death penalty already imposed shall be reduced to reclusion Section 3. Philippine citizenship may be lost or reacquired in the manner
perpetua. provided by law.

(2) Section 4. Citizens of the Philippines who marry aliens


The employment of physical, psychological, or degrading punishment shall retain their citizenship,
against any prisoner or detainee or unless
the use of substandard or inadequate penal facilities under subhuman by their act or omission
conditions they are deemed, under the law, to have renounced it.
o shall be dealt with by law.
Section 5. Dual allegiance of citizens
Section 20. No person shall be imprisoned for is inimical to the national interest and
debt or shall be dealt with by law.
non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment ARTICLE V


for the same offense. SUFFRAGE

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Section 1. Suffrage may be exercised by all citizens of the Philippines Section 4. The term of office of the Senators
not otherwise disqualified by law, shall be six years and
who are at least eighteen years of age, and shall commence, unless otherwise provided by law, at noon on the
who shall have resided in the Philippines for at least one year and thirtieth day of June next following their election.
in the place wherein they propose to vote, for at least six months No Senator shall serve
immediately preceding the election. for more than two consecutive terms.
No Voluntary renunciation of the office for any length of time
literacy, shall not be considered as an interruption in the continuity of his
property, or service for the full term of which he was elected.
other substantive requirement
shall be imposed on the exercise of suffrage. Section 5.

Section 2. The Congress shall provide (1) The House of Representatives shall be composed of
a system for securing the secrecy and sanctity of the ballot not more than two hundred and fifty members, unless otherwise fixed
as well as a system for absentee voting by qualified Filipinos abroad. by law,
o who shall be elected from legislative districts apportioned among
The Congress shall also design a procedure for the disabled and the illiterates the provinces, cities, and the Metropolitan Manila area
to vote without the assistance of other persons. ! in accordance with the number of their respective inhabitants,
Until then, they shall be allowed to vote and
under existing laws and such rules as the Commission on Elections ! on the basis of a uniform and progressive ratio, and
may promulgate to protect the secrecy of the ballot. those who, as provided by law, shall be elected through a party-list
system of registered
o national,
ARTICLE VI o regional, and
THE LEGISLATIVE DEPARTMENT o sectoral parties or organizations.

Section 1. The legislative power shall be vested in the Congress of the (2) The party-list representatives shall constitute
Philippines which shall consist of twenty per centum of the total number of representatives including
a Senate and those under the party list.
a House of Representatives, For three consecutive terms after the ratification of this Constitution, one-half of
except to the extent reserved to the people by the provision on the seats allocated to party-list representatives shall be filled, as provided by
initiative and law, by selection or election from the
referendum. labor,
peasant,
Section 2. The Senate shall be composed of twenty-four Senators urban poor,
who shall be elected at large by the qualified voters of the Philippines, indigenous cultural communities,
as may be provided by law. women,
youth, and
Section 3. No person shall be a Senator unless he is such other sectors as may be provided by law,
a natural-born citizen of the Philippines and, o except the religious sector.
on the day of the election, is at least thirty-five years of age,
able to read and write, (3) Each legislative district shall comprise, as far as practicable,
a registered voter, and contiguous,
a resident of the Philippines for not less than two years immediately compact, and
preceding the day of the election. adjacent territory.
o Each city with a population of at least two hundred fifty thousand,
or
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o each province, Section 11. A Senator or Member of the House of Representatives shall, in all
! shall have at least one representative. offenses punishable by not more than six years imprisonment,
be privileged from arrest while the Congress is in session.
(4) Within three years following the return of every census, No Member shall be questioned nor be held liable
the Congress shall make a reapportionment of legislative districts in any other place for any speech or debate in the Congress or in any
based on the standards provided in this section. committee thereof.

Section 6. No person shall be a Member of the House of Representatives Section 12. All Members of the Senate and the House of Representatives
unless he is shall, upon assumption of office, make a full disclosure of their
a natural-born citizen of the Philippines and, financial and business interests.
on the day of the election, is at least twenty-five years of age, They shall notify the House concerned of a potential conflict of interest
able to read and write, and, that may arise from the filing of a proposed legislation of which they
except the party-list representatives, are authors.
o a registered voter in the district in which he shall be elected, and a
o resident thereof for a period of not less than one year immediately Section 13. No Senator or Member of the House of Representatives may hold
preceding the day of the election. any other office or employment in the
Government, or any
Section 7. The Members of the House of Representatives shall be elected for a subdivision,
term of three years agency, or
which shall begin, unless otherwise provided by law, at noon on the instrumentality thereof,
thirtieth day of June next following their election. including government-owned or controlled corporations or
their subsidiaries,
No Member of the House of Representatives o during his term without forfeiting his seat.
shall serve for more than three consecutive terms. Neither shall he be appointed to any office which
Voluntary renunciation of the office for any length of time may have been created or
shall not be considered as an interruption in the continuity of his the emoluments thereof increased
service for the full term for which he was elected. o during the term for which he was elected.

Section 8. Unless otherwise provided by law, the regular election of the Section 14. No Senator or Member of the House of Representatives may
Senators and the Members of the House of Representatives personally appear as counsel before
shall be held on the second Monday of May. any court of justice or
before the Electoral Tribunals, or
Section 9. In case of vacancy in the Senate or in the House of quasi-judicial and
Representatives, other administrative bodies.
a special election may be called to fill such vacancy in the manner Neither shall he, directly or indirectly, be interested financially
prescribed by law, in any contract with, or
o but the Senator or Member of the House of Representatives thus
in any franchise or special privilege granted by the Government, or any
elected shall serve only for the unexpired term.
subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary,
Section 10. The salaries of Senators and Members of the House of
o during his term of office.
Representatives
He shall not intervene in any matter before any office of the Government
shall be determined by law.
for his pecuniary benefit or
No increase in said compensation shall take effect
where he may be called upon to act on account of his office.
until after the expiration of the full term of all the Members of the
Senate and the House of Representatives approving such increase.
Section 15. The Congress

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shall convene once every year on the fourth Monday of July for its nor to any other place than that in which the two Houses shall be
regular session, sitting.
o unless a different date is fixed by law, and
shall continue to be in session for such number of days as it may Section 17. The Senate and the House of Representatives shall each have an
determine Electoral Tribunal
o until thirty days before the opening of its next regular session, which shall be the sole judge of all contests relating to the
exclusive of Saturdays, Sundays, and legal holidays. o election,
The President may call a special session o returns, and
at any time. o qualifications of their respective Members.
Each Electoral Tribunal shall be composed of nine Members,
Section 16. three of whom shall be Justices of the Supreme Court
o to be designated by the Chief Justice, and
(1) The Senate shall elect its President and the House of Representatives, its the remaining six shall be Members of the Senate or the House of
Speaker, Representatives, as the case may be,
by a majority vote of all its respective Members. o who shall be chosen on the basis of proportional representation
Each House shall choose such other officers from the political parties and the parties or organizations
as it may deem necessary. registered under the party-list system represented therein.
The senior Justice in the Electoral Tribunal
(2) A majority of each House shall be its Chairman.
shall constitute a quorum to do business,
but a smaller number Section 18. There shall be a Commission on Appointments consisting of the
may adjourn from day to day and President of the Senate, as ex officio Chairman,
may compel the attendance of absent Members in such manner, and twelve Senators, and
under such penalties, as such House may provide. twelve Members of the House of Representatives,
o elected by each House on the basis of proportional representation
(3) Each House may from the political parties and parties or organizations registered
determine the rules of its proceedings, under the party-list system represented therein.
punish its Members for disorderly behavior, and, The chairman of the Commission shall not vote,
with the concurrence of two-thirds of all its Members, suspend or expel except in case of a tie.
a Member. The Commission shall act on all appointments submitted to it
A penalty of suspension, when imposed, within thirty session days of the Congress from their submission.
shall not exceed sixty days. The Commission shall rule
by a majority vote of all the Members.
(4) Each House shall
keep a Journal of its proceedings, and Section 19. The Electoral Tribunals and the Commission on Appointments
from time to time publish the same, shall be constituted
o excepting such parts as may, in its judgment, affect national within thirty days after the Senate and the House of Representatives
security; and shall have been organized with the election of the President and the
the yeas and nays on any question shall, at the request of one-fifth of Speaker.
the Members present, be entered in the Journal. The Commission on Appointments shall meet
only while the Congress is in session,
Each House shall also keep a Record of its proceedings. at the call of
o its Chairman or
(5) Neither House during the sessions of the Congress shall, without the o a majority of all its Members,
consent of the other, to discharge such powers and functions as are herein conferred upon
adjourn for more than three days, it.

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Section 20. The records and books of accounts of the Congress shall o to exercise powers necessary and proper to carry out a declared
be preserved and national policy.
be open to the public in accordance with law, and Unless sooner withdrawn by resolution of the Congress,
such books shall be audited by the Commission on Audit such powers shall cease upon the next adjournment thereof.
o which shall publish annually an itemized list of amounts paid to
and expenses for each Member. Section 24. All
appropriation,
Section 21. The revenue or tariff bills,
Senate or the bills authorizing increase of the public debt,
House of Representatives or bills of local application, and
any of its respective committees private bills,
o may conduct inquiries in aid of legislation o shall originate exclusively in the House of Representatives,
! in accordance with its duly published rules of procedure. o but the Senate may propose or concur with amendments.
! The rights of persons appearing in, or affected by, such
inquiries shall be respected. Section 25.

Section 22. The heads of departments may, (1) The Congress may not increase
upon their own initiative, with the consent of the President, or the appropriations recommended by the President for the operation of
upon the request of either House, as the rules of each House shall the Government as specified in the budget.
provide, The
o appear before and be heard by such House on any matter form,
pertaining to their departments. content, and
Written questions shall be submitted to the President of the Senate or the manner of preparation of the budget
Speaker of the House of Representatives o shall be prescribed by law.
at least three days before their scheduled appearance.
Interpellations (2) No provision or enactment shall be embraced in the general appropriations
shall not be limited to written questions, bill
but may cover matters related thereto. unless it relates specifically to some particular appropriation therein.
When Any such provision or enactment
the security of the State or the public interest so requires and shall be limited in its operation to the appropriation to which it relates.
the President so states in writing,
o the appearance shall be conducted in executive session. (3) The procedure in approving appropriations for the Congress
shall strictly follow the procedure for approving appropriations for other
Section 23. departments and agencies.

(1) The Congress, (4) A special appropriations bill


by a vote of two-thirds of both Houses shall specify the purpose for which it is intended, and
in joint session assembled, shall be supported by funds
voting separately, o actually available as certified by the National Treasurer, or
o shall have the sole power to declare the existence of a state of o to be raised by a corresponding revenue proposal therein.
war.
(5) No law shall be passed authorizing any transfer of appropriations; however,
(2) In times of war or other national emergency, the Congress may, by law, the President,
authorize the President, the President of the Senate,
for a limited period and the Speaker of the House of Representatives,
subject to such restrictions as it may prescribe, the Chief Justice of the Supreme Court, and

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the heads of Constitutional Commissions o it shall become a law.


o may, by law, be authorized to augment any item in the general In all such cases,
appropriations law for their respective offices from savings in other the votes of each House shall be determined by yeas or nays, and
items of their respective appropriations. the names of the Members voting for or against shall be entered in its
Journal.
(6) Discretionary funds appropriated for particular officials shall be disbursed The President shall communicate his veto of any bill to the House where it
only for public purposes originated
to be supported by appropriate vouchers and within thirty days after the date of receipt thereof;
subject to such guidelines as may be prescribed by law. otherwise,
it shall become a law as if he had signed it.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general (2) The President shall have the power to veto any particular item or items in an
appropriations law for the preceding fiscal year appropriation,
shall be deemed reenacted and revenue, or
shall remain in force and effect until the general appropriations bill is tariff bill,
passed by the Congress. but the veto shall not affect
the item or items to which he does not object.
Section 26.
Section 28.
(1) Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof. (1) The rule of taxation
shall be uniform and
(2) No bill passed by either House shall become a law unless equitable.
it has passed three readings on separate days, and The Congress shall evolve a progressive system of taxation.
printed copies thereof in its final form have been distributed to its
Members three days before its passage, (2) The Congress may, by law, authorize the President to fix
o except when the President certifies to the necessity of its within specified limits, and
immediate enactment to meet a public calamity or emergency. subject to such limitations and restrictions as it may impose,
Upon the last reading of a bill, o tariff rates,
no amendment thereto shall be allowed, and o import and export quotas,
the vote thereon shall be taken immediately thereafter, and o tonnage and wharfage dues, and
the yeas and nays entered in the Journal. o other duties or imposts within the framework of the national
development program of the Government.
Section 27.
(3)
(1) Every bill passed by the Congress shall, before it becomes a law, be Charitable institutions,
presented to the President. churches and parsonages or convents appurtenant thereto,
If he approves the same, he shall sign it; mosques,
otherwise, he shall veto it and return the same with his objections to non-profit cemeteries, and
the House where it originated, which shall all lands, buildings, and improvements,
o enter the objections at large in its Journal and o actually,
o proceed to reconsider it. o directly, and
If, after such reconsideration, o exclusively used for
two-thirds of all the Members of such House shall agree to pass the ! religious,
bill, it shall be sent, together with the objections, to the other House by ! charitable, or
which it shall likewise be reconsidered, and ! educational purposes
if approved by two-thirds of all the Members of that House, - shall be exempt from taxation.
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(4) No law granting any tax exemption shall be passed of which every legislative district must be represented by at least three
without the concurrence of a majority of all the Members of the per centum of the registered voters thereof.
Congress.

Section 29. ARTICLE VII


EXECUTIVE DEPARTMENT
(1) No money shall be paid out of the Treasury
except in pursuance of an appropriation made by law. Section 1. The executive power shall be vested in the President of the
Philippines.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of Section 2. No person may be elected President unless he is
any sect, church, denomination, sectarian institution, or system of a natural-born citizen of the Philippines,
religion, or of a registered voter,
any priest, preacher, minister, or other religious teacher, or dignitary as able to read and write,
such, at least forty years of age on the day of the election, and
except when such priest, preacher, minister, or dignitary is assigned a resident of the Philippines for at least ten years immediately
to the armed forces, or preceding such election.
to any penal institution, or
government orphanage or leprosarium. Section 3. There shall be a Vice-President who shall have the same
qualifications and
(3) All money collected on any tax levied for a special purpose shall be term of office and
treated as a special fund and be elected with, and in the same manner,
paid out for such purpose only. o as the President.
If the purpose for which a special fund was created has been fulfilled or He may be removed from office
abandoned, in the same manner as the President.
the balance, if any, shall be transferred to the general funds of the The Vice-President may be appointed as a Member of the Cabinet.
Government. Such appointment requires no confirmation.

Section 30. No law shall be passed increasing the appellate jurisdiction of the Section 4. The President and the Vice-President shall be elected
Supreme Court as provided in this Constitution by direct vote of the people
without its advice and concurrence. for a term of six years which
o shall begin at noon on the thirtieth day of June next following the
Section 31. No law granting a title of royalty or nobility shall be enacted. day of the election and
o shall end at noon of the same date, six years thereafter.
Section 32. The Congress shall, as early as possible, provide for a system of The President
initiative and shall not be eligible for any re-election.
referendum, and No person who has succeeded as President and has served as such for more
the exceptions therefrom, than four years
whereby the people can shall be qualified for election to the same office at any time.
directly propose and enact laws or
approve or reject any act or law or part thereof passed by the No Vice-President shall serve
o Congress or for more than two successive terms.
o local legislative body Voluntary renunciation of the office for any length of time
after shall not be considered as an interruption in the continuity of the
the registration of a petition therefor signed by at least ten per centum service for the full term for which he was elected.
of the total number of registered voters,

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Unless otherwise provided by law, the regular election for President and Vice- Section 6. The President
President shall have an official residence.
shall be held on the second Monday of May. The salaries of the President and Vice-President
shall be determined by law and
The returns of every election for President and Vice-President, duly certified by shall not be decreased during their tenure.
the board of canvassers of each province or city, No increase in said compensation shall take effect
shall be transmitted to the Congress, until after the expiration of the term of the incumbent during which such
directed to the President of the Senate. increase was approved.
Upon receipt of the certificates of canvass, the President of the Senate shall, They shall not receive during their tenure
not later than thirty days after the day of the election, any other emolument from
open all the certificates o the Government or
o in the presence of the Senate and the House of Representatives in o any other source.
joint public session, and
the Congress, upon determination of the authenticity and due Section 7. The President-elect and the Vice President-elect shall assume office
execution thereof in the manner provided by law, at the beginning of their terms.
o canvass the votes.
If the President-elect fails to qualify,
The person having the highest number of votes the Vice President-elect shall act as President
shall be proclaimed elected, o until the President-elect shall have qualified.
but in case two or more shall have an equal and highest number of votes,
one of them shall forthwith be chosen by the vote of a majority of all If a President shall not have been chosen,
the Members of both Houses of the Congress, voting separately. the Vice President-elect shall act as President
o until a President shall have been chosen and qualified.
The Congress shall promulgate its rules for the canvassing of the certificates.
If at the beginning of the term of the President, the President-elect
The Supreme Court, sitting en banc, shall have died or
shall be the sole judge of all contests relating to the shall have become permanently disabled,
o election, o the Vice President-elect shall become President.
o returns, and
o qualifications of the President or Vice-President, and Where
may promulgate its rules for the purpose. no President and Vice-President
o shall have been chosen or
Section 5. Before they enter on the execution of their office, the President, the o shall have qualified, or
Vice-President, or the Acting President shall take the following oath or where both
affirmation: o shall have died or
o become permanently disabled,
"I do solemnly swear (or affirm) that I will faithfully and ! the President of the Senate or,
conscientiously ! in case of his inability, the Speaker of the House of
fulfill my duties as President (or Vice-President or Acting Representatives,
President) of the Philippines, - shall act as President
preserve and defend its Constitution, until a President or a Vice-President shall have been
execute its laws, chosen and qualified.
do justice to every man, and
consecrate myself to the service of the Nation. The Congress shall, by law, provide for the manner in which one who is to act
So help me God." (In case of affirmation, last sentence will be as President shall be selected until a President or a Vice-President shall have
omitted.) qualified, in case of
death,

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permanent disability, or within seven days, enact a law calling for a special election to elect a
inability of the officials mentioned in the next preceding paragraph. President and a Vice-President to be held
o not earlier than forty-five days
Section 8. In case of o nor later than sixty days from the time of such call.
death, The bill calling such special election
permanent disability, shall be deemed certified under paragraph 2, Section 26, Article VI of
removal from office, or this Constitution and
resignation of the President, shall become law upon its approval on third reading by the Congress.
o the Vice-President shall become the President Appropriations for the special election
! to serve the unexpired term. shall be charged against any current appropriations and
In case of shall be exempt from the requirements of paragraph 4, Section 25,
death, Article VI of this Constitution.
permanent disability, The convening of the Congress
removal from office, or cannot be suspended
resignation of both the nor the special election
o President and postponed.
o Vice-President, No special election shall be called
! the President of the Senate or, if the vacancy occurs within eighteen months before the date of the
! in case of his inability, the Speaker of the House of next presidential election.
Representatives,
- shall then act as President Section 11. Whenever the President transmits to
until the President or Vice-President shall have been the President of the Senate and
elected and qualified. the Speaker of the House of Representatives
o his written declaration that he is unable to discharge the powers
The Congress shall, by law, and duties of his office, and
provide who shall serve as President in case of ! until he transmits to them a written declaration to the contrary,
o death, such powers and duties shall be discharged
o permanent disability, or by the Vice-President as Acting President.
o resignation of the Acting President.
He shall Whenever a majority of all the Members of the Cabinet transmit
serve until the President or the Vice-President shall have been elected to the President of the Senate and
and qualified, and to the Speaker of the House of Representatives
be subject to the same restrictions of powers and disqualifications as o their written declaration that the President is unable to discharge
the Acting President. the powers and duties of his office,
! the Vice-President shall immediately assume the powers and
Section 9. Whenever there is a vacancy in the Office of the Vice-President duties of the office as Acting President.
during the term for which he was elected,
the President shall nominate a Vice-President from among the Thereafter, when the President transmits
Members of the Senate and the House of Representatives to the President of the Senate and
o who shall assume office upon confirmation by a majority vote of all to the Speaker of the House of Representatives
the Members of both Houses of the Congress, voting separately. o his written declaration that no inability exists,
! he shall reassume the powers and duties of his office.
Section 10. The Congress shall, Meanwhile, should a majority of all the Members of the Cabinet transmit
at ten o'clock in the morning of the third day after the vacancy in the within five days
offices of the President and Vice-President occurs, o to the President of the Senate and
o convene in accordance with its rules without need of a call and o to the Speaker of the House of Representatives,

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! their written declaration that the President is unable to ! including government-owned or controlled corporations or
discharge the powers and duties of his office, their subsidiaries.
- the Congress shall decide the issue. They shall strictly avoid conflict of interest
For that purpose, the Congress in the conduct of their office.
shall convene, if it is not in session,
o within forty-eight hours, The
o in accordance with its rules and spouse and
o without need of call. relatives by consanguinity or affinity within the fourth civil degree of the
President
If the Congress, o shall not, during his tenure, be appointed as
within ten days after receipt of the last written declaration, or, ! Members of the Constitutional Commissions, or
if not in session, within twelve days after it is required to assemble, ! the Office of the Ombudsman, or as
determines ! Secretaries,
by a two-thirds vote of both Houses, ! Undersecretaries,
voting separately, ! chairmen or
o that the President is unable to discharge the powers and duties of ! heads of bureaus or offices, including government-owned or
his office, controlled corporations and their subsidiaries.
! the Vice-President shall act as President;
o otherwise, Section 14. Appointments extended by an Acting President shall remain
! the President shall continue exercising the powers and duties effective,
of his office. unless revoked by the elected President,
o within ninety days from his assumption or reassumption of office.
Section 12. In case of serious illness of the President,
the public shall be informed of the state of his health. Section 15. Two months immediately before the next presidential elections and
o The members of the Cabinet in charge of national security and up to the end of his term,
foreign relations and a President or Acting President shall not make appointments,
o the Chief of Staff of the Armed Forces of the Philippines, except
! shall not be denied access to the President during such temporary appointments
illness. to executive positions
when continued vacancies therein will
Section 13. The o prejudice public service or
President, o endanger public safety.
Vice-President,
the Members of the Cabinet, and Section 16. The President
their deputies or assistants shall nominate and,
o shall not, unless otherwise provided in this Constitution, hold any with the consent of the Commission on Appointments, appoint the
other office or employment during their tenure. o heads of the executive departments,
They shall not, during said tenure, directly or indirectly, o ambassadors,
practice any other profession, o other public ministers and consuls, or
participate in any business, or o officers of the armed forces from the rank of colonel or naval
be financially interested captain, and
o in any contract with, or o other officers whose appointments are vested in him in this
o in any franchise, or Constitution.
o special privilege granted by He shall also appoint
! the Government or all other officers of the Government whose appointments are not
! any subdivision, agency, or instrumentality thereof, otherwise provided for by law, and
those whom he may be authorized by law to appoint.

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The Congress may, by law, vest the appointment of other officers lower in rank The Congress, if not in session,
in the President alone, shall, within twenty-four hours following such proclamation or
in the courts, or suspension,
in the heads of departments, agencies, commissions, or boards. o convene
! in accordance with its rules
The President shall have the power to make appointments ! without need of a call.
during the recess of the Congress, whether voluntary or compulsory,
but such appointments shall be effective only The Supreme Court
o until disapproved by the Commission on Appointments or may review,
o until the next adjournment of the Congress. o in an appropriate proceeding
o filed by any citizen,
Section 17. The President ! the sufficiency of the factual basis of
shall have control of all the - the proclamation of martial law or
o executive departments, - the suspension of the privilege of the writ or
o bureaus, and - the extension thereof, and
o offices. must promulgate its decision thereon within thirty days from its filing.
He shall ensure that the laws be faithfully executed.
A state of martial law
Section 18. The President does not suspend the operation of the Constitution,
shall be the Commander-in-Chief of all armed forces of the Philippines nor supplant the functioning of the civil courts or legislative assemblies,
and nor authorize the conferment of jurisdiction on military courts and
whenever it becomes necessary, he may call out such armed forces to agencies over civilians where civil courts are able to function,
prevent or suppress nor automatically suspend the privilege of the writ.
o lawless violence,
o invasion or The suspension of the privilege of the writ shall apply only to persons judicially
o rebellion. charged for
In case of invasion or rebellion, rebellion or
when the public safety requires it, offenses inherent in or directly connected with invasion.
o he may, for a period not exceeding sixty days,
! suspend the privilege of the writ of habeas corpus or During the suspension of the privilege of the writ, any person thus arrested or
! place the Philippines or any part thereof under martial law. detained
Within forty-eight hours from shall be judicially charged within three days,
the proclamation of martial law or o otherwise he shall be released.
the suspension of the privilege of the writ of habeas corpus,
o the President shall submit a report in person or in writing to the Section 19. Except
Congress. in cases of impeachment, or
The Congress, as otherwise provided in this Constitution,
voting jointly, the President may
by a vote of at least a majority of all its Members in regular or special grant reprieves, commutations, and pardons, and
session, remit fines and forfeitures,
o may revoke such proclamation or suspension, o after conviction by final judgment.
! which revocation shall not be set aside by the President.
Upon the initiative of the President, He shall also have the power to grant amnesty
the Congress may, in the same manner, extend such proclamation or with the concurrence of a majority of all the Members of the Congress.
suspension for a period to be determined by the Congress, if
o the invasion or rebellion shall persist and Section 20. The President may contract or guarantee foreign loans on behalf
o public safety requires it. of the Republic of the Philippines

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with the prior concurrence of the Monetary Board, and No law shall be passed reorganizing the Judiciary
subject to such limitations as may be provided by law. when it undermines the security of tenure of its Members.
The Monetary Board shall, within thirty days from the end of every quarter of
the calendar year, submit to the Congress Section 3. The Judiciary
a complete report of its decision on applications for loans shall enjoy fiscal autonomy.
o to be contracted or guaranteed by the Government or government- Appropriations for the Judiciary
owned and controlled corporations may not be reduced by the legislature below the amount appropriated
o which would have the effect of increasing the foreign debt, and for the previous year and,
containing other matters as may be provided by law. after approval, shall be automatically and regularly released.

Section 21. No treaty or international agreement shall be valid and effective Section 4.
unless concurred in by at least two-thirds of all the Members of the
Senate. (1) The Supreme Court shall be composed of
a Chief Justice and
Section 22. The President shall submit to the Congress, within thirty days from fourteen Associate Justices.
the opening of every regular session as the basis of the general appropriations It may sit
bill, en banc or
a budget of expenditures and sources of financing, in its discretion, in division of
including receipts from existing and proposed revenue measures. o three,
o five, or
Section 23. The President shall address the Congress o seven Members.
at the opening of its regular session. Any vacancy shall be filled
He may also appear before it at any other time. within ninety days from the occurrence thereof.

(2) All cases


ARTICLE VIII involving the constitutionality of a
JUDICIAL DEPARTMENT o treaty,
o international or executive agreement, or
Section 1. The judicial power shall be vested o law,
in one Supreme Court and ! which shall be heard by the Supreme Court en banc, and
in such lower courts as may be established by law. all other cases which under the Rules of Court are required to be
heard en banc,
Judicial power includes the duty of the courts of justice including those involving the
to settle actual controversies involving rights which are legally o constitutionality,
demandable and enforceable, and o application, or
to determine whether or not there has been a grave abuse of o operation of
discretion amounting to lack or excess of jurisdiction on the part of any ! presidential decrees,
branch or instrumentality of the Government. ! proclamations,
! orders,
Section 2. The Congress shall have the power to ! instructions,
define, ! ordinances, and
prescribe, and ! other regulations,
apportion shall be decided with the concurrence of a majority of the Members who
o the jurisdiction of the various courts actually
but may not deprive the Supreme Court took part in the deliberations on the issues in the case and
of its jurisdiction over cases enumerated in Section 5 hereof. voted thereon.

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(3) Cases or matters heard by a division shall be decided or resolved with the any penalty imposed in relation thereto.
concurrence
of a majority of the Members who actually c. All cases in which the jurisdiction of any lower court is in issue.
o took part in the deliberations on the issues in the case and
o voted thereon, and d. All criminal cases in which the penalty imposed is reclusion
in no case without the concurrence of at least three of such Members. perpetua or higher.
When the required number is not obtained,
the case shall be decided en banc: e. All cases in which only an error or question of law is involved.
Provided, that no doctrine or principle of law laid down by the court in a
decision rendered en banc or in division may be modified or reversed (3) Assign temporarily judges of lower courts to other stations
except by the court sitting en banc. as public interest may require.
Such temporary assignment
Section 5. The Supreme Court shall have the following powers: shall not exceed six months without the consent of the judge
concerned.
(1) Exercise original jurisdiction
over cases affecting (4) Order a change of venue or place of trial
o ambassadors, to avoid a miscarriage of justice.
o other public ministers and
o consuls, and (5) Promulgate rules concerning the
over petitions for protection and enforcement of constitutional rights,
o certiorari, pleading,
o prohibition, practice, and
o mandamus, procedure in all courts,
o quo warranto, and the admission to the practice of law,
o habeas corpus. the integrated bar, and
legal assistance to the under-privileged.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the Such rules
law or the Rules of Court may provide, final judgments and orders of lower shall provide a simplified and inexpensive procedure for the
courts in: speedy disposition of cases,
shall be uniform for all courts of the same grade, and
a. All cases in which the constitutionality or validity of any
shall not diminish, increase, or modify substantive rights.
treaty, Rules of procedure of special courts and quasi-judicial bodies
international or executive agreement, shall remain effective
law, o unless disapproved by the Supreme Court.
presidential decree,
proclamation, (6) Appoint all officials and employees of the Judiciary
order, in accordance with the Civil Service Law.
instruction,
ordinance, or Section 6. The Supreme Court shall have administrative supervision over
regulation all courts and
o is in question. the personnel thereof.

b. All cases involving the legality of any Section 7.


tax,
impost, (1) No person shall be appointed Member of the Supreme Court or any lower
assessment, or collegiate court
toll, or unless he is a natural-born citizen of the Philippines.
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A Member of the Supreme Court the appropriations for the Council.


must be at least forty years of age, and
must have been for fifteen years or more, (5) The Council
o a judge of a lower court or shall have the principal function of recommending appointees to the
o engaged in the practice of law in the Philippines. judiciary.
It may exercise such other functions and duties
(2) The Congress o as the Supreme Court may assign to it.
shall prescribe the qualifications of judges of lower courts,
but no person may be appointed judge thereof unless Section 9. The Members of the Supreme Court and judges of lower courts
he is a citizen of the Philippines and shall be appointed by the President from a list of at least three
a member of the Philippine Bar. nominees prepared by the Judicial and Bar Council for every vacancy.
Such appointments
(3) A Member of the Judiciary must be a person of proven need no confirmation.
competence,
integrity, For the lower courts, the President shall issue the appointment
probity, and within ninety days from the submission of the list.
independence.
Section 10. The salary
Section 8. of the Chief Justice and
of the Associate Justices of the Supreme Court, and
(1) A Judicial and Bar Council is hereby created under the supervision of the of judges of lower courts
Supreme Court composed of o shall be fixed by law.
the Chief Justice as ex officio Chairman, During their continuance in office,
the Secretary of Justice, and their salary shall not be decreased.
a representative of the Congress as ex officio Members,
a representative of the Integrated Bar, Section 11. The Members of the Supreme Court and judges of the lower court
a professor of law, shall hold office during good behavior until
a retired Member of the Supreme Court, and o they reach the age of seventy years or
a representative of the private sector. o become incapacitated to discharge the duties of their office.
The Supreme Court en banc shall have the power to
(2) The regular members of the Council shall be appointed discipline judges of lower courts, or
by the President order their dismissal by a vote of majority of the Members who actually
for a term of four years o took part in the deliberations on the issues in the case and
with the consent of the Commission on Appointments. o voted thereon.
Of the Members first appointed,
the representative of the Integrated Bar shall serve for four years, Section 12. The Members of the Supreme Court and of other courts
established by law
the professor of law for three years,
shall not be designated to any agency performing quasi-judicial or
the retired Justice for two years, and
administrative function.
the representative of the private sector for one year.
Section 13. The conclusions of the Supreme Court in any case submitted to it
(3) The Clerk of the Supreme Court
for decision en banc or in division
shall be the Secretary ex officio of the Council and
shall be reached in consultation before the case is assigned to a
shall keep a record of its proceedings. Member for the writing of the opinion of the Court.
(4) The regular Members of the Council shall receive o A certification to this effect signed by the Chief Justice shall be
such emoluments as may be determined by the Supreme Court. issued and
The Supreme Court shall provide in its annual budget

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o a copy thereof attached to the record of the case and served upon o shall decide or resolve the case or matter submitted thereto for
the parties. determination, without further delay.
Any Member who
took no part, or Section 16. The Supreme Court shall, within thirty days from the opening of
dissented, or each regular session of the Congress,
abstained from a decision or resolution submit to the President and the Congress an annual report on the
o must state the reason therefor. operations and activities of the Judiciary.
The same requirements
shall be observed by all lower collegiate courts.
ARTICLE IX
Section 14. No decision shall be rendered by any court without expressing CONSTITUTIONAL COMMISSIONS
therein clearly and distinctly
the facts and A. COMMON PROVISIONS
the law on which it is based.
Section 1. The Constitutional Commissions, which shall be independent, are
No petition for review or motion for reconsideration of a decision of the court the Civil Service Commission,
shall be refused due course or denied the Commission on Elections, and
without stating the legal basis therefor. the Commission on Audit.

Section 15. Section 2. No member of a Constitutional Commission shall, during his tenure,
hold any other office or employment.
(1) All cases or matters filed after the effectivity of this Constitution must be Neither shall he engage
decided or resolved o in the practice of any profession or
within twenty-four months from date of submission for the Supreme o in the active management or control of any business which, in any
Court, and, way, may be affected by the functions of his office,
unless reduced by the Supreme Court, nor shall he be financially interested, directly or indirectly,
twelve months for all lower collegiate courts, and o in any contract with, or
three months for all other lower courts. o in any franchise or
o privilege granted by
(2) A case or matter shall be deemed submitted for decision or resolution ! the Government,
upon the filing of the last pleading, brief, or memorandum required ! any of its subdivisions, agencies, or instrumentalities,
o by the Rules of Court or ! including government-owned or controlled corporations or
o by the court itself. ! their subsidiaries.

(3) Upon the expiration of the corresponding period, Section 3. The salary of the Chairman and the Commissioners
a certification to this effect signed by the Chief Justice or the presiding shall be fixed by law and
judge shall forthwith be issued and shall not be decreased during their tenure.
a copy thereof attached to the record of the case or matter, and served
upon the parties. Section 4. The Constitutional Commissions shall appoint their officials and
The certification shall state employees
why a decision or resolution has not been rendered or issued within in accordance with law.
said period.
Section 5. The Commission shall enjoy fiscal autonomy.
(4) Despite the expiration of the applicable mandatory period, the court, Their approved annual appropriations shall be automatically and
without prejudice to such responsibility as may have been incurred in regularly released.
consequence thereof,
Section 6. Each Commission en banc may promulgate its own rules

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concerning pleadings and practice before it or before any of its offices. Section 2.
Such rules, however,
shall not diminish, increase, or modify substantive rights. (1) The civil service embraces all
branches,
Section 7. Each Commission shall decide subdivisions,
by a majority vote of all its Members, instrumentalities, and
any case or matter brought before it within sixty days from the date of agencies of the Government, including
its submission for decision or resolution. government-owned or controlled corporations with original charters.
A case or matter is deemed submitted for decision or resolution
upon the filing of the last pleading, brief, or memorandum required (2) Appointments in the civil service shall be made
o by the rules of the Commission or only according to merit and fitness
o by the Commission itself. to be determined,
Unless otherwise provided by this Constitution or by law, as far as practicable, and,
any decision, order, or ruling of each Commission may be brought to except to positions which are
the Supreme Court on certiorari by the aggrieved party o policy-determining,
o within thirty days from receipt of a copy thereof. o primarily confidential, or
o highly technical,
Section 8. Each Commission shall perform such other functions ! by competitive examination.
as may be provided by law.
(3) No officer or employee of the civil service shall be removed or suspended
B. THE CIVIL SERVICE COMMISSION except for cause provided by law.

Section 1. (4) No officer or employee in the civil service shall engage, directly or indirectly,
in any electioneering or partisan political campaign.
(1) The civil service shall be administered by the Civil Service Commission
composed of (5) The right to self-organization
a Chairman and shall not be denied to government employees.
two Commissioners
o who shall be natural-born citizens of the Philippines and, (6) Temporary employees of the Government
o at the time of their appointment, at least thirty-five years of age, shall be given such protection as may be provided by law.
o with proven capacity for public administration, and
o must not have been candidates for any elective position in the Section 3. The Civil Service Commission, as the central personnel agency of
elections immediately preceding their appointment. the Government, shall
establish a career service and
(2) The Chairman and the Commissioners shall be appointed adopt measures to promote morale, efficiency, integrity,
by the President responsiveness, progressiveness, and courtesy in the civil service.
with the consent of the Commission on Appointments It shall strengthen the merit and rewards system,
for a term of seven years without reappointment. integrate all human resources development programs for all levels and
Of those first appointed, ranks, and
the Chairman shall hold office for seven years, institutionalize a management climate conducive to public
a Commissioner for five years, and accountability.
another Commissioner for three years, It shall submit to the President and the Congress
o without reappointment. an annual report on its personnel programs.
Appointment to any vacancy
shall be only for the unexpired term of the predecessor. Section 4. All public officers and employees shall take an oath or affirmation
In no case shall any Member be appointed or designated to uphold and defend this Constitution.
in a temporary or acting capacity.
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Section 5. The Congress shall provide for the standardization of compensation C. THE COMMISSION ON ELECTIONS
of government officials and employees,
including those in government-owned or controlled corporations with Section 1.
original charters,
taking into account (1) There shall be a Commission on Elections composed of
the nature of the responsibilities pertaining to, and a Chairman and
the qualifications required for, their positions. six Commissioners
o who shall be natural-born citizens of the Philippines and,
Section 6. No candidate who has lost in any election, o at the time of their appointment, at least thirty-five years of age,
shall within one year after such election, be appointed to o holders of a college degree, and
o any office in the Government or o must not have been candidates for any elective positions in the
o any Government-owned or controlled corporations or immediately preceding elections.
o in any of their subsidiaries. However, a majority thereof, including the Chairman, shall be
members of the Philippine Bar
Section 7. No elective official shall be eligible who have been engaged in the practice of law for at least ten years.
for appointment or designation in any capacity to any public office or
position (2) The Chairman and the Commissioners shall be appointed
o during his tenure. by the President
with the consent of the Commission on Appointments
Unless otherwise allowed for a term of seven years without reappointment.
by law or Of those first appointed,
by the primary functions of his position, three Members shall hold office for seven years,
no appointive official shall hold any other office or employment in the two Members for five years, and
Government or the last Members for three years,
any subdivision, o without reappointment.
agency or Appointment to any vacancy
instrumentality thereof, shall be only for the unexpired term of the predecessor.
including Government-owned or controlled corporations or In no case shall any Member be appointed or designated
their subsidiaries. in a temporary or acting capacity.

Section 8. No elective or appointive public officer or employee shall receive Section 2. The Commission on Elections
additional, shall exercise the following powers and functions:
double, or
indirect compensation, (1) Enforce and administer all laws and regulations relative to the conduct
o unless specifically authorized by law, of an
nor accept without the consent of the Congress, election,
any present, plebiscite,
emolument, initiative,
office, or referendum, and
title of any kind recall.
o from any foreign government.
(2) Exercise
Pensions or gratuities exclusive original jurisdiction over all contests relating to the
shall not be considered as additional, double, or indirect o elections,
compensation. o returns, and
o qualifications of all elective
! regional,
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! provincial, and Financial contributions from foreign governments and their agencies to
! city officials, and political parties, organizations, coalitions, or candidates related to
appellate jurisdiction over all contests elections,
o involving elective municipal officials decided by trial courts of constitute interference in national affairs, and,
general jurisdiction, or when accepted,
o involving elective barangay officials decided by trial courts of shall be an additional ground for the cancellation of their
limited jurisdiction. registration with the Commission,
in addition to other penalties that may be prescribed by law.
Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be (6) File,
final, upon a verified complaint, or
executory, and on its own initiative,
not appealable. o petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of
(3) Decide, violations of election laws,
except those involving the right to vote, including acts or omissions constituting election frauds, offenses,
o all questions affecting and malpractices.
! elections,
! including determination of the (7) Recommend to the Congress effective measures
- number and to minimize election spending,
- location of polling places, including limitation of places where propaganda materials shall be
! appointment of election posted, and
- officials and to prevent and penalize all forms of election frauds, offenses,
- inspectors, and malpractices, and nuisance candidacies.
! registration of voters.
(8) Recommend to the President
(4) Deputize, with the concurrence of the President, the removal of any officer or employee it has deputized, or
law enforcement agencies and instrumentalities of the the imposition of any other disciplinary action,
Government, o for violation or disregard of, or disobedience to, its directive,
including the Armed Forces of the Philippines, order, or decision.
o for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections. (9) Submit to the President and the Congress,
a comprehensive report on the conduct of each election,
(5) Register, after sufficient publication, plebiscite, initiative, referendum, or recall.
political parties, organizations, or coalitions which,
o in addition to other requirements, Section 3. The Commission on Elections
o must present their platform or program of government; and may sit
accredit o en banc or
citizens' arms of the Commission on Elections. o in two divisions, and
Religious denominations and sects shall promulgate its rules of procedure in order to expedite disposition
shall not be registered. of
Those which o election cases,
seek to achieve their goals through violence or unlawful means, or o including pre- proclamation controversies.
refuse to uphold and adhere to this Constitution, or All such election cases
which are supported by any foreign government shall be heard and decided in division,
o shall likewise be refused registration. provided that motions for reconsideration of decisions
shall be decided by the Commission en banc.
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Section 4. The Commission may, during the election period, supervise or Section 11. Funds certified by the Commission as necessary to defray the
regulate the enjoyment or utilization of expenses for holding regular and special elections, plebiscites, initiatives,
all franchises or permits for the operation of referenda, and recalls,
o transportation and other public utilities, shall be provided in the regular or special appropriations and,
o media of communication or information, once approved,
all grants, special privileges, or concessions granted by the shall be released automatically upon certification by the Chairman of
o Government or the Commission
o any subdivision, agency, or instrumentality thereof,
o including any government-owned or controlled corporation or D. THE COMMISSION ON AUDIT
o its subsidiary.
Such supervision or regulation shall aim to ensure Section 1.
equal opportunity, time, and space, and
the right to reply, (1) There shall be a Commission on Audit composed of
including reasonable, equal rates therefor, a Chairman and
o for public information campaigns and forums among candidates two Commissioners,
! in connection with the objective of holding free, orderly, o who shall be natural-born citizens of the Philippines and,
honest, peaceful, and credible elections. o at the time of their appointment, at least thirty-five years of age,
o Certified Public Accountants with not less than ten years of
Section 5. No pardon, amnesty, parole, or suspension of sentence for violation auditing experience, or members of the Philippine Bar who have
of election laws, rules, and regulations shall be granted by the President been engaged in the practice of law for at least ten years, and
without the favorable recommendation of the Commission. o must not have been candidates for any elective position in the
elections immediately preceding their appointment.
Section 6. A free and open party system At no time shall all Members of the Commission
shall be allowed to evolve according to the free choice of the people, belong to the same profession.
o subject to the provisions of this Article.
(2) The Chairman and the Commissioners shall be appointed
Section 7. No votes cast in favor of a political party, organization, or coalition by the President
shall be valid, with the consent of the Commission on Appointments
except for those registered under the party-list system as provided in for a term of seven years without reappointment.
this Constitution. Of those first appointed,
the Chairman shall hold office for seven years,
Section 8. Political parties, or organizations or coalitions registered under the one Commissioner for five years, and
party-list system, shall not be represented in the the other Commissioner for three years,
voters' registration boards, o without reappointment.
boards of election inspectors, Appointment to any vacancy
boards of canvassers, or shall be only for the unexpired portion of the term of the predecessor.
other similar bodies. In no case shall any Member be appointed or designated
However, they shall be entitled in a temporary or acting capacity.
to appoint poll watchers in accordance with law.
Section 2.
Section 9. Unless otherwise fixed by the Commission in special cases, the
election period (1) The Commission on Audit shall have the power, authority, and duty
shall commence ninety days before the day of election and to examine, audit, and settle all accounts pertaining to
shall end thirty days thereafter. o the revenue and receipts of, and
o expenditures or uses of funds and property, owned or held in trust
Section 10. Bona fide candidates for any public office by, or pertaining to,
shall be free from any form of harassment and discrimination. ! the Government, or

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! any of its subdivisions, agencies, or instrumentalities, as may be required by law.


! including government-owned or controlled corporations with
original charters,
and on a post- audit basis: ARTICLE X
a. constitutional bodies, commissions and offices that have been LOCAL GOVERNMENT
granted fiscal autonomy under this Constitution;
b. autonomous state colleges and universities; GENERAL PROVISIONS
c. other government-owned or controlled corporations and their
subsidiaries; and Section 1. The territorial and political subdivisions of the Republic of the
d. such non-governmental entities receiving subsidy or equity, directly Philippines are the
or indirectly, from or through the Government, which are required by provinces,
law or the granting institution to submit to such audit as a condition of cities,
subsidy or equity. municipalities, and
However, where the internal control system of the audited agencies is barangays.
inadequate, the Commission may adopt such measures, including temporary or There shall be autonomous regions in
special pre-audit, Muslim Mindanao and
as are necessary and appropriate to correct the deficiencies. the Cordilleras
It shall o as hereinafter provided.
keep the general accounts of the Government and,
for such period as may be provided by law, preserve the vouchers and Section 2. The territorial and political subdivisions
other supporting papers pertaining thereto. shall enjoy local autonomy.

(2) The Commission shall have exclusive authority, subject to the limitations in Section 3. The Congress shall enact a local government code which shall
this Article, to provide for a more responsive and accountable local government
define the scope of its audit and examination, structure instituted through a system of decentralization with effective
establish the techniques and methods required therefor, and mechanisms of
promulgate accounting and auditing rules and regulations, including o recall,
those for the prevention and disallowance of irregular, unnecessary, o initiative, and
excessive, extravagant, or unconscionable expenditures or uses of o referendum,
government funds and properties. allocate among the different local government units their
o powers,
Section 3. No law shall be passed exempting o responsibilities, and
any entity of the Government or its subsidiaries in any guise whatever, o resources, and
or provide for the
any investment of public funds, o qualifications,
o from the jurisdiction of the Commission on Audit. o election,
o appointment and
Section 4. The Commission shall o removal,
submit to the President and the Congress, within the time fixed by law, o term,
an annual report covering the financial condition and operation of the o salaries,
o Government, o powers and functions and
o its subdivisions, agencies, and instrumentalities, o duties of local officials, and
o including government-owned or controlled corporations, and o all other matters relating to the organization and operation of the
o non-governmental entities subject to its audit, and local units.
recommend measures necessary to improve their effectiveness and
efficiency. Section 4. The President of the Philippines
It shall submit such other reports shall exercise general supervision over local governments.

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o Provinces with respect to component cities and municipalities, and in accordance with the criteria established in the local government
o cities and municipalities with respect to component barangays code and
! shall ensure that the acts of their component units are within subject to approval by a majority of the votes cast in a plebiscite in the
the scope of their prescribed powers and functions. political units directly affected.

Section 5. Each local government unit shall have the power Section 11. The Congress may, by law, create special metropolitan political
to create its own sources of revenues and subdivisions,
to levy taxes, fees, and charges subject to a plebiscite as set forth in Section 10 hereof.
o subject to such guidelines and limitations The component cities and municipalities
! as the Congress may provide, shall retain their basic autonomy and
! consistent with the basic policy of local autonomy. shall be entitled to their own local executive and legislative assemblies.
Such taxes, fees, and charges The jurisdiction of the metropolitan authority that will thereby be created
shall accrue exclusively to the local governments. shall be limited to basic services requiring coordination.

Section 6. Local government units shall have a just share, Section 12. Cities that are
as determined by law, in the national taxes highly urbanized, as determined by law, and
o which shall be automatically released to them. component cities whose charters prohibit their voters from voting for
provincial elective officials,
Section 7. Local governments shall be entitled to an equitable share o shall be independent of the province.
in the proceeds of the utilization and development of the national The voters of component cities within a province, whose charters contain no
wealth such prohibition,
o within their respective areas, shall not be deprived of their right to vote for elective provincial
o in the manner provided by law, officials.
including sharing the same with the inhabitants by way of direct
benefits. Section 13. Local government units may
group themselves,
Section 8. The term of office of elective local officials, except barangay consolidate or coordinate their efforts, services, and resources
officials, which shall be determined by law, o for purposes commonly beneficial to them
shall be three years and o in accordance with law.
no such official
shall serve for more than three consecutive terms. Section 14. The President shall provide for
Voluntary renunciation of the office for any length of time regional development councils or
shall not be considered as an interruption in the continuity of his other similar bodies
service for the full term for which he was elected. composed of
local government officials,
Section 9. Legislative bodies of local governments regional heads of departments and other government offices, and
shall have sectoral representation representatives from non-governmental organizations within the
o as may be prescribed by law. regions
o for purposes of administrative decentralization
Section 10. No province, city, municipality, or barangay may be ! to strengthen the autonomy of the units therein and
created, ! to accelerate the economic and social growth and
divided, development of the units in the region.
merged,
abolished, or its AUTONOMOUS REGIONS
boundary substantially altered,
except Section 15. There shall be created autonomous regions
in Muslim Mindanao and
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in the Cordilleras shall be included in the autonomous region.


consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive Section 19. The first Congress elected under this Constitution shall,
historical and cultural heritage, within eighteen months from the time of organization of both Houses,
economic and social structures, and o pass the organic acts for the autonomous regions in
other relevant characteristics ! Muslim Mindanao and
within the framework of ! the Cordilleras.
this Constitution and
the national sovereignty Section 20. Within its territorial jurisdiction and subject to the provisions of this
as well as territorial integrity of the Republic of the Philippines. Constitution and national laws,
the organic act of autonomous regions shall provide for legislative
Section 16. The President shall exercise general supervision powers over:
over autonomous regions
o to ensure that laws are faithfully executed. (1) Administrative organization;

Section 17. All powers, functions, and responsibilities not granted (2) Creation of sources of revenues;
by this Constitution or
by law to the autonomous regions (3) Ancestral domain and natural resources;
o shall be vested in the National Government.
(4) Personal, family, and property relations;
Section 18. The Congress shall enact
(5) Regional urban and rural planning development;
an organic act for each autonomous region
o with the assistance and participation of the regional consultative
(6) Economic, social, and tourism development;
commission
! composed of representatives appointed by the President from
(7) Educational policies;
a list of nominees from multi-sectoral bodies.
The organic act
(8) Preservation and development of the cultural heritage; and
shall define the basic structure of government for the region consisting
of the
(9) Such other matters as may be authorized by law for the promotion of the
o executive department and
general welfare of the people of the region.
o legislative assembly,
both of which shall be Section 21. The preservation of peace and order within the regions
o elective and
shall be the responsibility of the local police agencies
o representative of the constituent political units.
o which shall be organized, maintained, supervised, and utilized in
The organic acts shall likewise provide for special courts with
accordance with applicable laws.
personal, The defense and security of the regions
family, and shall be the responsibility of the National Government.
property law jurisdiction
o consistent with the provisions of
! this Constitution and ARTICLE XI
! national laws. ACCOUNTABILITY OF PUBLIC OFFICERS
The creation of the autonomous region shall be effective when approved Section 1. Public office
by majority of the votes cast by the constituent units is a public trust.
in a plebiscite called for the purpose, Public officers and employees must at all times
provided that only provinces, cities, and geographic areas voting favorably in be accountable to the people,
such plebiscite
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serve them with utmost responsibility, integrity, loyalty, and efficiency, affirm a favorable resolution with the Articles of Impeachment of the
act with patriotism and justice, and Committee, or
lead modest lives. override its contrary resolution.
The vote of each Member
Section 2. The shall be recorded.
President, the
Vice-President, the (4) In case the verified complaint or resolution of impeachment is filed by at
Members of the Supreme Court, the least one-third of all the Members of the House,
Members of the Constitutional Commissions, and the the same shall constitute the Articles of Impeachment, and
Ombudsman trial by the Senate shall forthwith proceed.
may be removed from office,
on impeachment for, and (5) No impeachment proceedings shall be initiated against the same official
conviction of, more than once within a period of one year.
o culpable violation of the Constitution,
o treason, (6) The Senate shall have the sole power
o bribery, to try and decide all cases of impeachment.
o graft and corruption, When sitting for that purpose,
o other high crimes, or the Senators shall be on oath or affirmation.
o betrayal of public trust. When the President of the Philippines is on trial,
All other public officers and employees may be removed from office the Chief Justice of the Supreme Court
as provided by law, o shall preside, but
but not by impeachment. o shall not vote.
No person shall be convicted
Section 3. without the concurrence of two-thirds of all the Members of the Senate.

(1) The House of Representatives shall have the exclusive power (7) Judgment in cases of impeachment shall not extend further than
to initiate all cases of impeachment. removal from office and
disqualification to hold any office under the Republic of the Philippines,
(2) A verified complaint for impeachment may be filed but the party convicted
by any Member of the House of Representatives or shall nevertheless be liable and subject to prosecution, trial, and
by any citizen upon a resolution or endorsement by any Member punishment, according to law.
thereof,
o which shall be included in the Order of Business within ten session (8) The Congress shall promulgate its rules on impeachment
days, and to effectively carry out the purpose of this section.
o referred to the proper Committee within three session days
thereafter. Section 4. The present anti-graft court known as the Sandiganbayan
The Committee, shall continue to function and exercise its jurisdiction as now or
after hearing, and hereafter may be provided by law.
by a majority vote of all its Members,
o shall submit its report to the House Section 5. There is hereby created the independent Office of the Ombudsman,
! within sixty session days from such referral, composed of
! together with the corresponding resolution. the Ombudsman to be known as Tanodbayan,
The resolution shall be calendared for consideration by the House one overall Deputy, and
within ten session days from receipt thereof. at least one Deputy each for
o Luzon,
(3) A vote of at least one-third of all the Members of the House shall be o Visayas, and
necessary either to o Mindanao.
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A separate Deputy for the military establishment Section 11. The Ombudsman and his Deputies shall serve
may likewise be appointed. for a term of seven years without reappointment.
They shall not be qualified to run for any office
Section 6. The officials and employees of the Office of the Ombudsman, other in the election immediately succeeding their cessation from office.
than the Deputies,
shall be appointed by the Ombudsman according to the Civil Service Section 12. The Ombudsman and his Deputies, as protectors of the people,
Law. shall act promptly on complaints filed in any form or manner against
public officials or employees of the
Section 7. The existing Tanodbayan o Government, or
shall hereafter be known as the Office of the Special Prosecutor. o any subdivision, agency or instrumentality thereof,
o It shall continue to function and exercise its powers as now or o including government-owned or controlled corporations, and
hereafter may be provided by law, shall, in appropriate cases, notify the complainants of
! except those conferred on the Office of the Ombudsman o the action taken and
created under this Constitution. o the result thereof.

Section 8. The Ombudsman and his Deputies shall be Section 13. The Office of the Ombudsman
natural-born citizens of the Philippines, and shall have the following powers, functions, and duties:
at the time of their appointment, at least forty years old,
of recognized probity and independence, and (1) Investigate
members of the Philippine Bar, and on its own, or
must not have been candidates for any elective office in the on complaint by any person,
immediately preceding election. any act or omission of any
The Ombudsman public official,
must have, for ten years or more, employee,
o been a judge or office or
o engaged in the practice of law in the Philippines. agency,
when such act or omission appears to be
During their tenure, illegal,
they shall be subject to the same disqualifications and prohibitions as unjust,
provided for in Section 2 of Article IX-A of this Constitution. improper, or
inefficient.
Section 9. The Ombudsman and his Deputies shall be appointed (2) Direct,
by the President upon complaint or
o from a list of at least six nominees prepared by the Judicial and at its own instance,
Bar Council, and o any public official or employee of the Government, or
o from a list of three nominees for every vacancy thereafter. o any subdivision, agency or instrumentality thereof,
Such appointments o as well as of any government-owned or controlled corporation
shall require no confirmation. with original charter,
All vacancies shall be filled ! to perform and expedite any act or duty required by law,
within three months after they occur. or
! to stop, prevent, and correct any abuse or impropriety in
Section 10. The Ombudsman and his Deputies the performance of duties.
shall have the rank of Chairman and Members, respectively, of the
Constitutional Commissions, and (3) Direct the officer concerned to
they shall receive the same salary, take appropriate action against a public official or employee at
o which shall not be decreased during their term of office. fault, and

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recommend his removal, suspension, demotion, fine, censure, or from their nominees or transferees,
prosecution, and o shall not be barred by
ensure compliance therewith. ! prescription,
! laches, or
(4) Direct the officer concerned, ! estoppel.
in any appropriate case, and
subject to such limitations as may be provided by law, to Section 16. No
o furnish it with copies of documents relating to contracts or loan,
transactions guaranty, or
! entered into by his office other form of financial accommodation for any business purpose
! involving the disbursement or use of public funds or o may be granted, directly or indirectly, by any government-owned
properties, and or controlled bank or financial institution to
o report any irregularity to the Commission on Audit for ! the President,
appropriate action. ! the Vice-President,
! the Members of the Cabinet,
(5) Request any government agency ! the Congress,
for assistance and information necessary in the discharge of its ! the Supreme Court, and
responsibilities, and ! the Constitutional Commissions,
to examine, if necessary, pertinent records and documents. ! the Ombudsman, or
! to any firm or entity in which they have controlling interest,
(6) Publicize matters covered by its investigation - during their tenure.
when circumstances so warrant and
with due prudence. Section 17. A public officer or employee shall,
upon assumption of office and
(7) Determine the causes of as often thereafter as may be required by law,
inefficiency, o submit a declaration under oath of his
red tape, ! assets,
mismanagement, ! liabilities, and
fraud, and ! net worth.
corruption in the Government and In the case of
make recommendations the President,
for their elimination and the Vice-President,
the observance of high standards of ethics and efficiency. the Members of the Cabinet,
the Congress,
(8) Promulgate its rules of procedure and exercise such other powers or the Supreme Court,
perform such functions or duties the Constitutional Commissions and
as may be provided by law. other constitutional offices, and
officers of the armed forces with general or flag rank,
Section 14. The Office of the Ombudsman o the declaration shall be disclosed to the public
shall enjoy fiscal autonomy. ! in the manner provided by law.
Its approved annual appropriations
shall be automatically and regularly released. Section 18. Public officers and employees
owe the State and this Constitution allegiance at all times, and
Section 15. The right of the State to recover properties unlawfully acquired by any public officer or employee who seeks to
public officials or employees, change his citizenship or
from them or acquire the status of an immigrant of another country during his tenure
o shall be dealt with by law.
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ARTICLE XII development, and


NATIONAL ECONOMY AND PATRIMONY utilization of natural resources
o shall be under the full control and supervision of the State.
Section 1. The goals of the national economy are The State
a more equitable distribution of opportunities, income, and wealth; may directly undertake such activities, or
a sustained increase in the amount of goods and services produced by it may enter into
the nation for the benefit of the people; and o co-production,
an expanding productivity as the key to raising the quality of life for all, o joint venture, or
especially the underprivileged. o production-sharing agreements with
! Filipino citizens, or
The State shall promote industrialization and full employment ! corporations or associations at least 60 per centum of whose
based on sound agricultural development and agrarian reform, capital is owned by such citizens.
through industries Such agreements
o that make full and efficient use of human and natural resources, may be for a period
and o not exceeding twenty-five years,
o which are competitive in both domestic and foreign markets. o renewable for not more than twenty-five years, and
However, the State shall protect Filipino enterprises against unfair under such terms and conditions as may provided by law.
foreign competition and In cases of
trade practices. water rights for irrigation,
water supply,
In the pursuit of these goals, fisheries, or
all sectors of the economy and industrial uses other than the development of water power,
all regions of the country o beneficial use may be the measure and limit of the grant.
o shall be given optimum opportunity to develop.
Private enterprises, including corporations, cooperatives, and similar collective The State shall
organizations, protect the nations marine wealth in its
shall be encouraged to broaden the base of their ownership. o archipelagic waters,
o territorial sea, and
Section 2. All o exclusive economic zone, and
lands of the public domain, reserve its use and enjoyment exclusively to Filipino citizens.
waters,
minerals, The Congress may, by law, allow
coal, small-scale utilization of natural resources by Filipino citizens,
petroleum, and as well as cooperative fish farming,
other mineral oils, o with priority to subsistence fishermen and fishworkers in
all forces of potential energy, ! rivers,
fisheries, ! lakes,
forests or timber, ! bays, and
wildlife, ! lagoons.
flora and fauna, and The President may enter into agreements with foreign-owned corporations
other natural resources involving either
o are owned by the State. o technical or
With the exception of agricultural lands, o financial assistance
all other natural resources shall not be alienated. for large-scale
The o exploration,
o development, and
exploration,
o utilization of

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! minerals, o developed,
! petroleum, and o held, or
! other mineral oils o leased and
- according to the general terms and conditions provided by the conditions therefor.
law,
- based on real contributions to the Section 4. The Congress shall, as soon as possible, determine, by law,
economic growth and the specific limits of forest lands and national parks,
general welfare of the country. o marking clearly their boundaries on the ground.
In such agreements, the State Thereafter, such forest lands and national parks
shall promote the development and use of local scientific and technical shall be conserved and
resources. may not be increased nor diminished, except by law.
The Congress shall provide,
The President shall notify the Congress for such period as it may determine,
of every contract entered into in accordance with this provision, o measures to prohibit logging in endangered
o within thirty days from its execution. ! forests and
! watershed areas.
Section 3. Lands of the public domain are classified into
agricultural, Section 5. The State, subject to the provisions of
forest or timber, this Constitution and
mineral lands, and national development policies and programs,
national parks. o shall protect the rights of indigenous cultural communities to their
Agricultural lands of the public domain ancestral lands
may be further classified by law ! to ensure their economic, social, and cultural well-being.
o according to the uses to which they may be devoted.
Alienable lands of the public domain The Congress may provide for the applicability of customary laws governing
shall be limited to agricultural lands. property rights or relations
Private corporations or associations in determining the ownership and extent of ancestral domain.
may not hold such alienable lands of the public domain
o except by lease, Section 6. The use of property
! for a period not exceeding twenty-five years, bears a social function, and
! renewable for not more than twenty-five years, and all economic agents
! not to exceed one thousand hectares in area. shall contribute to the common good.
Citizens of the Philippines may Individuals and private groups, including corporations, cooperatives, and similar
lease not more than five hundred hectares, or collective organizations,
acquire not more than twelve hectares thereof by shall have the right to own, establish, and operate economic
o purchase, enterprises,
o homestead, or o subject to the duty of the State
o grant. ! to promote distributive justice and
! to intervene when the common good so demands.
Taking into account the requirements of
conservation, Section 7. Save in cases of hereditary succession,
ecology, and no private lands shall be transferred or conveyed
development, and subject to the requirements of o except to individuals, corporations, or associations qualified to
agrarian reform, acquire or hold lands of the public domain.
the Congress shall determine, by law,
the size of lands of the public domain which may be Section 8. Notwithstanding the provisions of Section 7 of this Article,
o acquired, a natural-born citizen of the Philippines

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who has lost his Philippine citizenship ! to citizens of the Philippines or


o may be a transferee of private lands, ! to corporations or associations
! subject to limitations provided by law. - organized under the laws of the Philippines
- at least sixty per centum of whose capital is owned by
Section 9. The Congress may establish an independent economic and such citizens,
planning agency headed by the President, nor shall such franchise, certificate, or authorization be
which shall, after consultations with the appropriate public agencies, exclusive in character or
various private sectors, and local government units, for a longer period than fifty years.
recommend to Congress, and Neither shall any such franchise or right be granted
implement except under the condition that it shall be subject to
o continuing integrated and coordinated programs and policies for o amendment,
national development. o alteration, or
o repeal by the Congress
Until the Congress provides otherwise, the National Economic and ! when the common good so requires.
Development Authority The State shall encourage equity participation in public utilities
shall function as the independent planning agency of the government. by the general public.
The participation of foreign investors in the governing body of any public utility
Section 10. The Congress shall, enterprise
upon recommendation of the economic and planning agency, shall be limited to their proportionate share in its capital, and
when the national interest dictates, all the executive and managing officers of such corporation or association
o reserve must be citizens of the Philippines.
! to citizens of the Philippines or
! to corporations or associations Section 12. The State shall
- at least sixty per centum of whose capital is owned by promote the preferential use of
such citizens, or o Filipino labor,
- such higher percentage as Congress may prescribe, o domestic materials and
certain areas of investments. o locally produced goods, and
The Congress shall enact measures adopt measures that help make them competitive.
that will encourage the formation and operation of enterprises
o whose capital is wholly owned by Filipinos. Section 13. The State shall pursue a trade policy that
In the grant of serves the general welfare and
rights, utilizes all forms and arrangements of exchange on the basis of
privileges, and o equality and
concessions covering the o reciprocity.
o national economy and
o patrimony, Section 14. The sustained development of a reservoir of national talents
! the State shall give preference to qualified Filipinos. consisting of Filipino
scientists,
The State shall regulate and exercise authority over foreign investments entrepreneurs,
within its national jurisdiction and professionals,
in accordance with its national goals and priorities. managers,
high-level technical manpower and
Section 11. No skilled workers and
franchise, craftsmen in all fields
certificate, or o shall be promoted by the State.
any other form of authorization The State shall
o for the operation of a public utility shall be granted except encourage appropriate technology and
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regulate its transfer Section 20. The Congress shall establish an independent central monetary
o for the national benefit. authority,
the members of whose governing board must be
The practice of all professions in the Philippines o natural-born Filipino citizens,
shall be limited to Filipino citizens, o of known probity, integrity, and patriotism,
o save in cases prescribed by law. o the majority of whom shall come from the private sector.
They shall also be subject to such other qualifications and disabilities
Section 15. The Congress shall create an agency as may be prescribed by law.
to promote the viability and growth of cooperatives as instruments for The authority shall provide policy direction in the areas of
o social justice and money,
o economic development. banking, and
credit.
Section 16. The Congress shall not, It shall have
except by general law, supervision over the operations of banks and
provide for the exercise such regulatory powers as may be provided by law over the
formation, operations of
organization, or o finance companies and
regulation o other institutions performing similar functions.
o of private corporations.
Government-owned or controlled corporations Until the Congress otherwise provides,
may be created or established by special charters the Central Bank of the Philippines operating under existing laws, shall
o in the interest of the common good and function as the central monetary authority.
o subject to the test of economic viability.
Section 21. Foreign loans
Section 17. In times of national emergency, may only be incurred in accordance with
when the public interest so requires, the State may, o law and
o during the emergency and o the regulation of the monetary authority.
o under reasonable terms prescribed by it, Information on foreign loans obtained or guaranteed by the Government
! temporarily take over or direct the operation of any privately shall be made available to the public.
owned
- public utility or Section 22. Acts which circumvent or negate any of the provisions of this
- business affected with public interest. Article shall be
considered inimical to the national interest and
Section 18. The State may, in the interest of subject to criminal and civil sanctions, as may be provided by law.
national welfare or
defense,
o establish and operate vital industries and, ARTICLE XIII
o upon payment of just compensation, SOCIAL JUSTICE AND HUMAN RIGHTS
! transfer to public ownership utilities and other private
enterprises to be operated by the Government. Section 1. The Congress shall give highest priority to the enactment of
Section 19. The State shall regulate or prohibit monopolies measures that
when the public interest so requires. protect and enhance the right of all the people to human dignity,
No combinations in reduce social, economic, and political inequalities, and
restraint of trade or remove cultural inequities
unfair competition o by equitably diffusing wealth and political power for the common
o shall be allowed. good.

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

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o including lands of the public domain under lease or concession It shall also promote adequate employment opportunities
suitable to agriculture, to such citizens.
! subject to In the implementation of such program the State
- prior rights, shall respect the rights of small property owners.
- homestead rights of small settlers, and
- the rights of indigenous cultural communities to their Section 10. Urban or rural poor dwellers shall
ancestral lands. not be evicted
nor their dwelling demolished,
The State may resettle landless farmers and farmworkers except
in its own agricultural estates in accordance with law and
o which shall be distributed to them in the manner provided by law. in a just and humane manner.
Section 7. The State shall protect the rights of subsistence fishermen, No resettlement of urban or rural dwellers shall be undertaken
especially of local communities, without adequate consultation with
to the preferential use of the communal marine and fishing resources, o them and
both o the communities where they are to be relocated.
o inland and
o offshore. HEALTH
It shall provide support to such fishermen through
appropriate technology and research, Section 11. The State shall adopt an integrated and comprehensive approach
adequate financial, production, and marketing assistance, and to health development
other services. which shall endeavor to make essential goods, health and other social
The State shall also protect, develop, and conserve such resources. services available to all the people at affordable cost.
The protection shall extend to offshore fishing grounds of subsistence There shall be priority for the needs of the
fishermen against foreign intrusion. underprivileged,
Fishworkers shall receive a just share from their labor sick,
in the utilization of marine and fishing resources. elderly,
disabled,
Section 8. The State shall provide incentives to landowners women, and
to invest the proceeds of the agrarian reform program to promote children.
o industrialization, The State shall endeavor
o employment creation, and to provide free medical care to paupers.
o privatization of public sector enterprises.
Financial instruments used as payment for their lands Section 12. The State shall
shall be honored as equity in enterprises of their choice. establish and maintain an effective food and drug regulatory system
and
URBAN LAND REFORM AND HOUSING
undertake appropriate health manpower development and research,
o responsive to the country's health needs and problems.
Section 9. The State shall,
by law, and Section 13. The State shall establish a special agency for disabled persons for
for the common good, their rehabilitation, self-development, and self-reliance, and
o undertake, in cooperation with the private sector,
their integration into the mainstream of society.
! a continuing program of urban land reform and housing
- which will make available at affordable cost, decent
WOMEN
housing and basic services to underprivileged and
homeless citizens in urban centers and resettlement
Section 14. The State shall protect working women by providing
areas.

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safe and healthful working conditions, shall be provided by law.


o taking into account their maternal functions, and
such facilities and opportunities that will (3) Until this Commission is constituted,
o enhance their welfare and the existing Presidential Committee on Human Rights shall continue to
o enable them to realize their full potential in the service of the exercise its present functions and powers.
nation.
(4) The approved annual appropriations of the Commission
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS shall be automatically and regularly released.

Section 15. The State shall respect the role of independent people's Section 18. The Commission on Human Rights shall have the following powers
organizations to enable the people and functions:
to pursue and protect,
o within the democratic framework, (1) Investigate,
o their legitimate and collective interests and aspirations on its own or
o through peaceful and lawful means. on complaint by any party,
o all forms of human rights violations involving
People's organizations ! civil and
are bona fide associations of citizens ! political rights;
o with demonstrated capacity to promote the public interest and
o with identifiable (2) Adopt its
! leadership, operational guidelines and
! membership, and rules of procedure, and
! structure. cite for contempt for violations thereof
in accordance with the Rules of Court;
Section 16. The right of the people and their organizations to effective and
reasonable participation at all levels of (3) Provide appropriate legal measures for the protection of human rights
social, of all persons within the Philippines,
political, and as well as Filipinos residing abroad, and
economic decision-making provide for preventive measures and legal aid services to the
o shall not be abridged. underprivileged
The State shall, by law, whose human rights have been violated or
facilitate the establishment of adequate consultation mechanisms. need protection;

HUMAN RIGHTS (4) Exercise visitorial powers over


jails,
Section 17. prisons, or
detention facilities;
(1) There is hereby created an independent office called the Commission on
Human Rights. (5) Establish a continuing program of research, education, and information
to enhance respect for the primacy of human rights;
(2) The Commission shall be composed of
(6) Recommend to Congress effective measures
a Chairman and
to promote human rights and
four Members
to provide for compensation to
o who must be natural-born citizens of the Philippines and
o victims of violations of human rights, or
o a majority of whom shall be members of the Bar.
o their families;
The term of office and other qualifications and disabilities of the Members of the
Commission
(7) Monitor the Philippine Government's compliance
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THE 1987 PHILIPPINE CONSTITUTION

with international treaty obligations on human rights; student loan programs,


subsidies, and
(8) Grant immunity from prosecution to any person other incentives
whose testimony or o which shall be available to deserving students in both
whose possession of documents or other evidence ! public and
o is necessary or convenient to determine the truth in any ! private schools,
investigation conducted by it or under its authority; - especially to the underprivileged;

(9) Request the assistance of any department, bureau, office, or agency (4) Encourage
in the performance of its functions; non-formal, informal, and indigenous learning systems,
as well as self-learning, independent, and out-of-school study
(10) Appoint its officers and employees programs
in accordance with law; and o particularly those that respond to community needs; and

(11) Perform such other duties and functions (5) Provide


as may be provided by law. adult citizens,
the disabled, and
Section 19. The Congress may provide for other cases of violations of human out-of-school youth with training in
rights that should fall within the authority of the Commission, o civics,
taking into account its recommendations. o vocational efficiency, and
o other skills.

ARTICLE XIV Section 3.


EDUCATION, SCIENCE AND TECHNOLOGY, ARTS,
CULTURE AND SPORTS (1) All educational institutions shall include the study of the Constitution
as part of the curricula.
EDUCATION
(2) They shall
Section 1. The State inculcate patriotism and nationalism,
shall protect and promote the right of all citizens to quality education foster love of humanity,
o at all levels, and respect for human rights,
shall take appropriate steps to make such education accessible to all. appreciation of the role of national heroes in the historical development
of the country,
Section 2. The State shall: teach the rights and duties of citizenship,
strengthen ethical and spiritual values,
(1) Establish, maintain, and support a complete, adequate, and integrated develop moral character and personal discipline,
system of education
encourage critical and creative thinking,
relevant to the needs of the people and society;
broaden scientific and technological knowledge, and
promote vocational efficiency.
(2) Establish and maintain a system of free public education in the
elementary and
(3) At the option expressed in writing by the parents or guardians,
high school levels.
religion shall be allowed to be taught to their children or wards
Without limiting the natural rights of parents to rear their children,
o in public elementary and high schools
elementary education is compulsory for all children of school age; o within the regular class hours
o by instructors designated or approved by the religious authorities
(3) Establish and maintain a system of of the religion to which the children or wards belong,
scholarship grants,

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o without additional cost to the Government. ! provisions for reinvestment.

Section 4. (4) Subject to conditions prescribed by law, all


grants,
(1) The State endowments,
recognizes the complementary roles of public and private institutions in donations, or
the educational system and contributions used
shall exercise reasonable supervision and regulation of all educational o actually,
institutions. o directly, and
o exclusively for educational purposes
(2) Educational institutions, ! shall be exempt from tax.
other than those established by religious groups and mission boards,
o shall be owned solely by Section 5.
! citizens of the Philippines or
! corporations or associations at least sixty per centum of the (1) The State
capital of which is owned by such citizens. shall take into account regional and sectoral needs and conditions and
The Congress may, however, shall encourage local planning
require increased Filipino equity participation in all educational o in the development of educational policies and programs.
institutions.
(2) Academic freedom shall be enjoyed
The control and administration of educational institutions in all institutions of higher learning.
shall be vested in citizens of the Philippines.
(3) Every citizen
No educational institution shall be established has a right to select a profession or course of study,
exclusively for aliens and o subject to fair, reasonable, and equitable admission and academic
no group of aliens shall comprise requirements.
more than one-third of the enrollment in any school.
The provisions of this subsection shall not apply to schools established for (4) The State shall enhance the right of teachers
foreign diplomatic personnel and to professional advancement.
their dependents and, Non-teaching academic and non-academic personnel
unless otherwise provided by law, for other foreign temporary shall enjoy the protection of the State.
residents.
(5) The State shall
(3) All revenues and assets of non-stock, non-profit educational institutions assign the highest budgetary priority to education and
used ensure that teaching will attract and retain its rightful share of the best
actually, available talents through
directly, and o adequate remuneration and
exclusively for educational purposes o other means of job satisfaction and fulfillment.
o shall be exempt from taxes and duties.
Upon the dissolution or cessation of the corporate existence of such LANGUAGE
institutions,
their assets shall be disposed of in the manner provided by law. Section 6. The national language of the Philippines
is Filipino.
Proprietary educational institutions, including those cooperatively owned, As it evolves,
may likewise be entitled to such exemptions, it shall be further developed and enriched on the basis of existing
o subject to the limitations provided by law including o Philippine and
! restrictions on dividends and o other languages.

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Subject to provisions of law and as the Congress may deem appropriate, incentives,
the Government shall take steps to initiate and sustain the use of including tax deductions,
Filipino o to encourage private participation in programs of basic and applied
o as a medium of official communication and scientific research.
o as language of instruction in the educational system. Scholarships, grants-in-aid, or other forms of incentives shall be provided to
deserving
Section 7. For purposes of communication and instruction, the official science students,
languages of the Philippines are researchers,
Filipino and, scientists,
until otherwise provided by law, English. inventors,
technologists, and
The regional languages specially gifted citizens.
are the auxiliary official languages in the regions and
shall serve as auxiliary media of instruction therein. Section 12. The State shall
regulate the transfer and
Spanish and Arabic promote the adaptation
shall be promoted on a voluntary and optional basis. o of technology from all sources for the national benefit.
It shall encourage the widest participation of
Section 8. This Constitution private groups,
shall be promulgated in local governments, and
o Filipino and community-based organizations
o English and o in the generation and utilization of science and technology.
shall be translated into
o major regional languages, Section 13. The State shall protect and secure the exclusive rights of
o Arabic, and scientists, inventors, artists, and other gifted citizens
o Spanish. to their intellectual property and creations,
o particularly when beneficial to the people,
Section 9. The Congress shall establish a national language commission o for such period as may be provided by law.
composed of representatives of various regions and disciplines
which shall undertake, coordinate, and promote researches for the ARTS AND CULTURE
development, propagation, and preservation of Filipino and other
languages. Section 14. The State shall foster the preservation, enrichment, and dynamic
evolution of a Filipino national culture
SCIENCE AND TECHNOLOGY based on the principle of unity in diversity
in a climate of free artistic and intellectual expression.
Section 10. Science and technology
are essential for national development and progress. Section 15. Arts and letters
The State shall give priority shall enjoy the patronage of the State.
to research and development, invention, innovation, and their The State shall conserve, promote, and popularize the nation's
utilization; and historical and cultural heritage and resources,
to science and technology education, training, and services. as well as artistic creations.
It shall support
indigenous, appropriate, and self-reliant scientific and technological Section 16. All the country's artistic and historic wealth
capabilities, and constitutes the cultural treasure of the nation and
their application to the country's productive systems and national life. shall be under the protection of the State
o which may regulate its disposition.
Section 11. The Congress may provide for

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Section 17. The State shall recognize, respect, and protect the rights of as the foundation of the nation.
indigenous cultural communities Accordingly, it shall
to preserve and develop their strengthen its solidarity and
o cultures, actively promote its total development.
o traditions, and
o institutions. Section 2. Marriage,
It shall consider these rights as an inviolable social institution,
in the formulation of national plans and policies. is the foundation of the family and
shall be protected by the State.
Section 18.
Section 3. The State shall defend:
(1) The State shall ensure equal access to cultural opportunities through the
educational system, (1) The right of spouses to found a family in accordance with
public or private cultural entities, their religious convictions and
scholarships, grants and other incentives, and the demands of responsible parenthood;
community cultural centers, and
other public venues. (2) The right of children to
assistance,
(2) The State shall encourage and support researches and studies on the including proper care and nutrition, and
arts and special protection from all forms of
culture. o neglect,
o abuse,
SPORTS o cruelty,
o exploitation and
Section 19. o other conditions prejudicial to their development;

(1) The State shall (3) The right of the family


promote physical education and to a family living wage and income; and
encourage
o sports programs, (4) The right of families or family associations
o league competitions, and to participate in the planning and implementation of policies and
o amateur sports, programs that affect them.
o including training for international competitions,
! to foster self-discipline, teamwork, and excellence for the Section 4. The family
development of a healthy and alert citizenry. has the duty to care for its elderly members
o but the State may also do so through just programs of social
(2) All educational institutions shall undertake regular sports activities security.
throughout the country
in cooperation with
o athletic clubs and ARTICLE XVI
o other sectors. GENERAL PROVISIONS

Section 1. The flag of the Philippines shall be


ARTICLE XV red, white, and blue,
THE FAMILY with a sun and three stars,
o as consecrated and honored by the people and recognized by law.
Section 1. The State recognizes the Filipino family

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Section 2. The Congress may, by law, adopt a new shall not allow extension of their service.
name for the country,
a national anthem, or (6) The officers and men of the regular force of the armed forces
a national seal, shall be recruited proportionately from all provinces and cities
o which shall all be truly reflective and symbolic of the o as far as practicable.
! ideals,
! history, and (7) The tour of duty of the Chief of Staff of the armed forces
! traditions of the people. shall not exceed three years.
Such law shall take effect However, in times of
only upon its ratification by the people in a national referendum. war or
other national emergency declared by the Congress,
Section 3. The State may not be sued o the President may extend such tour of duty.
without its consent.
Section 6. The State shall establish and maintain one police force, which shall
Section 4. The Armed Forces of the Philippines be
shall be composed of a citizen armed force which shall national in scope and
o undergo military training and civilian in character,
o serve, as may be provided by law. o to be administered and controlled by a national police commission.
It shall keep a regular force The authority of local executives over the police units in their jurisdiction
necessary for the security of the State. shall be provided by law.

Section 5. Section 7. The State shall provide immediate and adequate care, benefits, and
other forms of assistance to
(1) All members of the armed forces shall take an oath or affirmation war veterans and
to uphold and defend this Constitution. veterans of military campaigns,
their surviving spouses and orphans.
(2) The State shall strengthen Funds
the patriotic spirit and nationalist consciousness of the military, and shall be provided therefor and
respect for people's rights in the performance of their duty. due consideration shall be given them
in the disposition of agricultural lands of the public domain and,
(3) Professionalism in the armed forces and adequate remuneration and in appropriate cases, in the utilization of natural resources.
benefits of its members
shall be a prime concern of the State. Section 8. The State shall, from time to time,
The armed forces shall be insulated review to increase the pensions and other benefits due to retirees of
from partisan politics. both
No member of the military o the government and
shall engage directly or indirectly in any partisan political activity, o the private sectors.
o except to vote.
Section 9. The State shall protect consumers
(4) No member of the armed forces in the active service from trade malpractices and
shall, at any time, be appointed or designated in any capacity to a from substandard or hazardous products.
civilian position in the
o Government, Section 10. The State shall provide the policy environment for
o including government-owned or controlled corporations or the full development of Filipino capability and
o any of their subsidiaries. the emergence of communication structures suitable to the needs and
aspirations of the nation and
(5) Laws on retirement of military officers

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the balanced flow of information into, out of, and across the country, (1) The Congress, upon a vote of three-fourths of all its Members; or
o in accordance with a policy that respects the freedom of speech
and of the press. (2) A constitutional convention.

Section 11. Section 2. Amendments to this Constitution may likewise be directly proposed
by the people
(1) The ownership and management of mass media shall be limited through initiative
to citizens of the Philippines, or upon a petition of at least twelve per centum of the total number of
to corporations, cooperatives or associations, registered voters,
o wholly-owned and of which every legislative district must be represented by at least three
o managed by such citizens. per centum of the registered voters therein.
No amendment under this section shall be authorized
The Congress shall regulate or prohibit monopolies in commercial mass media within five years following the ratification of this Constitution
when the public interest so requires. nor oftener than once every five years thereafter.
No combinations in restraint of trade or unfair competition therein
shall be allowed. The Congress shall provide
for the implementation of the exercise of this right.
(2) The advertising industry
is impressed with public interest, and Section 3. The Congress may,
shall be regulated by law for by a vote of two-thirds of all its Members,
o the protection of consumers and o call a constitutional convention, or
o the promotion of the general welfare. by a majority vote of all its Members,
o submit to the electorate the question of calling such a convention.
Only
Filipino citizens or Section 4. Any amendment to, or revision of, this Constitution under Section 1
corporations or associations at least seventy per centum of the capital hereof shall be valid
of which is owned by such citizens when ratified by a majority of the votes cast in a plebiscite which shall
o shall be allowed to engage in the advertising industry. be held
o not earlier than sixty days
The participation of foreign investors in the governing body of entities in such o nor later than ninety days after the approval of such amendment or
industry revision.
shall be limited to their proportionate share in the capital thereof, and
all the executive and managing officers of such entities Any amendment under Section 2 hereof shall be valid
must be citizens of the Philippines. when ratified by a majority of the votes cast in a plebiscite which shall
be held
Section 12. The Congress may create a consultative body o not earlier than sixty days
to advise the President on policies affecting indigenous cultural o nor later than ninety days after the certification by the Commission
communities, on Elections of the sufficiency of the petition.
o the majority of the members of which shall come from such
communities.
ARTICLE XVIII
TRANSITORY PROVISIONS
ARTICLE XVII
AMENDMENTS OR REVISIONS Section 1. The first elections of Members of the Congress under this
Constitution
Section 1. Any amendment to, or revision of, this Constitution may be shall be held on the second Monday of May, 1987.
proposed by:

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The first local elections to be composed of the heads of all local government units comprising
shall be held on a date to be determined by the President, the Metropolitan Manila area.
o which may be simultaneous with the election of the Members of
the Congress. Section 9. A sub-province shall continue to exist and operate
It shall include the election of all Members of the city or municipal until it is converted into a regular province or
councils in the Metropolitan Manila area. until its component municipalities are reverted to the mother province.

Section 2. The Senators, Members of the House of Representatives, and the Section 10. All courts existing at the time of the ratification of this Constitution
local officials first elected under this Constitution shall continue to exercise their jurisdiction,
shall serve until noon of June 30, 1992. until otherwise provided by law.
The provisions of the existing Rules of Court, judiciary acts, and procedural
Of the Senators elected in the elections in 1992, laws not inconsistent with this Constitution
the first twelve obtaining the highest number of votes shall serve for six shall remain operative unless amended or repealed by the Supreme
years and Court or the Congress.
the remaining twelve for three years.
Section 11. The incumbent Members of the Judiciary shall continue in office
Section 3. All existing laws, decrees, executive orders, proclamations, letters of until they
instructions, and other executive issuances not inconsistent with this reach the age of seventy years or
Constitution become incapacitated to discharge the duties of their office or
shall remain operative until amended, repealed, or revoked. are removed for cause.

Section 4. All existing treaties or international agreements which have not Section 12. The Supreme Court shall,
been ratified within one year after the ratification of this Constitution,
shall not be renewed or extended o adopt a systematic plan to expedite the decision or resolution of
o without the concurrence of at least two-thirds of all the Members of cases or matters pending in the Supreme Court or the lower courts
the Senate. prior to the effectivity of this Constitution.
A similar plan shall be adopted for all
Section 5. The six-year term of the incumbent President and Vice-President special courts and
elected in the February 7, 1986 election quasi-judicial bodies.
is, for purposes of synchronization of elections, hereby extended to
noon of June 30, 1992. Section 13. The legal effect of the lapse, before the ratification of this
Constitution, of the applicable period for the decision or resolution of the cases
The first regular elections for the President and Vice-President under this or matters submitted for adjudication by the courts,
Constitution shall be determined by the Supreme Court as soon as practicable.
shall be held on the second Monday of May, 1992.
Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII
Section 6. The incumbent President shall continue to exercise legislative of this Constitution
powers shall apply to cases or matters filed before the ratification of this
until the first Congress is convened. Constitution,
o when the applicable period lapses after such ratification.
Section 7. Until a law is passed, the President may fill by appointment from a Section 15. The incumbent Members of
list of nominees by the respective sectors, the Civil Service Commission,
the seats reserved for sectoral representation in paragraph (2), Section the Commission on Elections, and
5 of Article VI of this Constitution. the Commission on Audit
o shall continue in office for one year after the ratification of this
Section 8. Until otherwise provided by the Congress, the President may Constitution, unless they
constitute the Metropolitan Manila Authority ! are sooner removed for cause or

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THE 1987 PHILIPPINE CONSTITUTION

! become incapacitated to discharge the duties of their office or Section 20. The first Congress shall give priority
! appointed to a new term thereunder. to the determination of the period for the full implementation of free
In no case shall any Member public secondary education.
serve longer than seven years
o including service before the ratification of this Constitution. Section 21. The Congress shall provide efficacious procedures and adequate
remedies
Section 16. Career civil service employees separated from the service for the reversion to the State of all lands of the public domain and real
not for cause rights connected therewith which were acquired
but as a result of the reorganization pursuant to Proclamation No. 3 o in violation of the Constitution or the public land laws, or
dated March 25, 1986 and the reorganization following the ratification o through corrupt practices.
of this Constitution No transfer or disposition of such lands or real rights shall be allowed
shall be entitled until after the lapse of one year from the ratification of this Constitution.
to appropriate separation pay and
to retirement and other benefits accruing to them under the laws of Section 22. At the earliest possible time,
general application in force at the time of their separation. the Government shall expropriate idle or abandoned agricultural lands
In lieu thereof, at the option of the employees, they may be considered for o as may be defined by law,
employment o for distribution to the beneficiaries of the agrarian reform program.
in the Government or
in any of its subdivisions, instrumentalities, or agencies, Section 23. Advertising entities affected by paragraph (2), Section 11 of Article
including government-owned or controlled corporations and XVI of this Constitution
their subsidiaries. shall have five years from its ratification to comply on a graduated and
This provision also applies to career officers proportionate basis with the minimum Filipino ownership requirement
whose resignation, tendered in line with the existing policy, had been therein.
accepted.
Section 24. Private armies and other armed groups not recognized by duly
Section 17. Until the Congress provides otherwise, constituted authority
the President shall receive an annual salary of three hundred thousand shall be dismantled.
pesos; All paramilitary forces including Civilian Home Defense Forces not consistent
the Vice-President, the President of the Senate, the Speaker of the with the citizen armed force established in this Constitution,
House of Representatives, and the Chief Justice of the Supreme shall be dissolved or,
Court, two hundred forty thousand pesos each; where appropriate, converted into the regular force.
the Senators, the Members of the House of Representatives, the
Associate Justices of the Supreme Court, and the Chairmen of the Section 25. After the expiration in 1991 of the Agreement between the
Constitutional Commissions, two hundred four thousand pesos each; Republic of the Philippines and the United States of America concerning
and Military Bases,
the Members of the Constitutional Commissions, one hundred eighty foreign military bases, troops, or facilities shall not be allowed in the
thousand pesos each. Philippines
o except under a treaty
Section 18. At the earliest possible time, ! duly concurred in by the Senate and,
the Government shall increase the salary scales of the other officials ! when the Congress so requires, ratified by a majority of the
and employees of the National Government. votes cast by the people in a national referendum held for that
purpose, and
Section 19. All properties, records, equipment, buildings, facilities, and other ! recognized as a treaty by the other contracting State.
assets of any office or body abolished or reorganized under Proclamation No. 3
dated March 25, 1986 or this Constitution Section 26. The authority to issue sequestration or freeze orders under
shall be transferred to the office or body to which its powers, functions, Proclamation No. 3 dated March 25, 1986 in relation to the recovery of ill-gotten
and responsibilities substantially pertain. wealth

REGINALD M. ARCEO ATENEO LAW C 2015 ARTICLE XVIII - 44


THE 1987 PHILIPPINE CONSTITUTION

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
o by a majority of the votes cast
o in a plebiscite held for the purpose and
shall supersede all previous Constitutions.

The foregoing proposed Constitution of the Republic of the Philippines was


approved by the Constitutional Commission of 1986 on the twelfth day
of October, Nineteen hundred and eighty-six, and
accordingly signed on the fifteenth day of October, Nineteen hundred
and eighty-six at the Plenary Hall, National Government Center,
Quezon City, by the Commissioners whose signatures are hereunder
affixed.

Adopted.

REGINALD M. ARCEO ATENEO LAW C 2015 ARTICLE XVIII - 45

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