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1987, 1973, 1935 PHILIPPINES

CONSTITUTION COMPARED/
COMPARISON MATRIX
1987 CONSTITUTION 1973 CONSTITUTION 1935 CONSTITUTION

Preamble Preamble Preamble

We, the sovereign Filipino people, We, the sovereign Filipino people, The Filipino people, imploring the
imploring the aid of Almighty God, imploring the aid of Divine aid of Divine Providence, in order
in order to build a just and humane Providence, in order to establish a to establish a government that
society and establish a government that shall embody our shall embody their ideals,
Government that shall embody our ideals, promote the general conserve and develop the
ideals and aspirations, promote the welfare, conserve and develop the patrimony of the nation, promote
common good, conserve and patrimony of our Nation, and the general welfare, and secure to
develop our patrimony, and secure secure to ourselves and our themselves and their posterity the
to ourselves and our posterity the posterity the blessings of blessings of independence under
blessings of independence and democracy under a regime of a regime of justice, liberty, and
democracy under the rule of law justice, peace, liberty, and democracy, do ordain and
and a regime of truth, justice, equality, do ordain and promulgate promulgate this Constitution.
freedom, love, equality, and peace, this Constitution.
do ordain and promulgate this
Constitution.

ARTICLE I ARTICLE I ARTICLE I

The National Territory (28) The National Territory (10) The National Territory (5)

Section 1. The national territory Section 1. The Philippines


The national territory comprises the
comprises the Philippine comprises all the territory ceded to
Philippine archipelago, with all the
archipelago, with all the islands the United States by the Treaty of
islands and waters embraced
and waters embraced therein, and Paris concluded between the
therein, and all other territories
all the other territories belonging to United States and Spain on the
over which the Philippines has
sovereignty or jurisdiction, the Philippines by historic or legal tenth day of December, eighteen
consisting of its terrestrial, fluvial, title, including the territorial sea, hundred and ninety-eight, the
and aerial domains, including its the air space, the subsoil, the sea- limits which are set forth in Article
territorial sea, the seabed, the bed, the insular shelves, and the III of said treaty, together with all
subsoil, the insular shelves, and submarine areas over which the the islands embraced in the treaty
other submarine areas. The waters Philippines has sovereignty or concluded at Washington between
around, between, and connecting jurisdiction. The waters around, the United States and Spain on
the islands of the archipelago, between, and connecting the the seventh day of November,
regardless of their breadth and islands of the archipelago, nineteen hundred, and the treaty
dimensions, form part of the irrespective of their breadth and concluded between the United
internal waters of the Philippines. dimensions, form part of the States and Great Britain on the
internal waters of the Philippines. second day of January, nineteen
hundred and thirty, and all territory
over which the present
Government of the Philippine
Islands exercises jurisdiction.

ARTICLE II ARTICLE II ARTICLE II

Declaration of Principles and Declaration of Principles and Declaration of Principles


State Policies State Policies

Section 1.
Section 1.
Principles The Philippines, is a republican
The Philippines is a republican state. Sovereignty resides in the
state. Sovereignty resides in the people and all government
SEC. 1. people and all government authority emanates from them.

The Philippines is a democratic authority emanates from them.

and republican State. Sovereignty


Section 2.
resides in the people and all
Section 2.
government authority emanates The defense of the State is a
from them. The defense of the State is the prime duty of government, and in
prime duty of government, and in the fulfillment of this duty all
SEC. 2. the fulfillment of this duty all citizens may be required by law to
The Philippines renounces war as citizens may be required by law to render personal military or civil
an instrument of national policy, render personal military or civil service.
adopts the generally accepted service.
principles of international law as
Section 3.
part of the law of the land and
adheres to the policy of peace, Section 3. The Philippines renounces war as

equality, justice, freedom, an instrument of national policy,


The Philippines renounces war as
cooperation, and amity with all and adopts the generally accepted
an instrument of national policy,
nations. principles of international law as
adopts the generally accepted
part of the law of the Nation.
principles of international law as
SEC. 3. part of the law of the land, and
Civilian authority is, at all times, adheres to the policy of peace,
Section 4.
supreme over the military. The equality, justice, freedom,
Armed Forces of the Philippines is cooperation, and amity with all The natural right and duty of

the protector of the people and the nations. parents in the rearing of the youth

State. Its goal is to secure the for civic efficiency should receive

sovereignty of the State and the the aid and support of the

integrity of the national territory. Section 4. government.

The State shall strengthen the Section 5. The promotion of social


SEC. 4. family as a basic social institution. justice to insure the well-being and
The prime duty of the Government The natural right and duty of economic security of all the people
is to serve and protect the people. parents in the rearing of the youth should be the concern of the
The Government may call upon the for civic efficiency and the State.
people to defend the State and, in development of moral character
the fulfillment thereof, all citizens shall receive the aid and support
may be required, under conditions of the government.
provided by law, to render personal
military or civil service.

SEC. 5.
Section 5.
The maintenance of peace and
order, the protection of life, liberty, The State recognizes the vital role
and property, and the promotion of of the youth in nation-building and
the general welfare are essential shall promote their physical,

for the enjoyment by all the people intellectual and social well-being.
of the blessings of democracy.
SEC. 6. Section 6.
The separation of Church and
The State shall promote social
State shall be inviolable.
justice to ensure the dignity,
welfare, and security of all the
people. Towards this end, the
State Policies
State shall regulate the
acquisition, ownership, use,

SEC. 7. enjoyment, and disposition of

The State shall pursue an private property, and equitably

independent foreign policy. In its diffuse property ownership and

relations with other states the profits.

paramount consideration shall be


national sovereignty, territorial
Section 7.
integrity, national interest, and the
right to self-determination. The State shall establish,
maintain, and ensure adequate
SEC. 8. social services in the field of
The Philippines, consistent with the education, health, housing,
national interest, adopts and employment, welfare, and social
pursues a policy of freedom from security to guarantee the
nuclear weapons in its territory. enjoyment of the people of a
decent standard of living.
SEC. 9.
The State shall promote a just and
dynamic social order that will Section 8.

ensure the prosperity and Civilian authority is at all times


independence of the nation and supreme over the military.
free the people from poverty
through policies that provide
adequate social services, promote Section 9.
full employment, a rising standard The State shall afford protection to
of living, and an improved quality of labor, promote full employment
life for all. and equality in employment,
ensure equal work opportunities
regardless of sex, race, or creed,
SEC. 10. and regulate the relation between
The State shall promote social workers and employers. The State
justice in all phases of national shall assure the rights of workers
development. to self-organization, collective
bargaining, security of tenure, and
SEC. 11. just and humane conditions of
The State values the dignity of work. The State may provide for
every human person and compulsory arbitration.
guarantees full respect for human
rights.
Section 10.

SEC. 12. The State shall guarantee and


The State recognizes the sanctity promote the autonomy of local
of family life and shall protect and government units, especially the
strengthen the family as a basic barrio, to ensure their fullest
autonomous social institution. It development as self-reliant
shall equally protect the life of the communities.
mother and the life of the unborn
from conception. The natural and
primary right and duty of parents in
the rearing of the youth for civic
efficiency and the development of
moral character shall receive the
support of the Government.

SEC. 13.
The State recognizes the vital role
of the youth in nation-building and
shall promote and protect their
physical, moral, spiritual,
intellectual, and social well-being. It
shall inculcate in the youth
patriotism and nationalism, and
encourage their involvement in
public and civic affairs.

SEC. 14.
The State recognizes the role of
women in nation-building, and shall
ensure the fundamental equality
before the law of women and men.

SEC. 15.
The State shall protect and
promote the right to health of the
people and instill health
consciousness among them.

SEC. 16.
The State shall protect and
advance the right of the people to a
balanced and healthful ecology in
accord with the rhythm and
harmony of nature.

SEC. 17.
The State shall give priority to
education, science and technology,
arts, culture, and sports to foster
patriotism and nationalism,
accelerate social progress, and
promote total human liberation and
development.

SEC. 18.
The State affirms labor as a
primary social economic force. It
shall protect the rights of workers
and promote their welfare.
SEC. 19.
The State shall develop a self-
reliant and independent national
economy effectively controlled by
Filipinos.

SEC. 20.
The State recognizes the
indispensable role of the private
sector, encourages private
enterprise, and provides incentives
to needed investments.

SEC. 21.
The State shall promote
comprehensive rural development
and agrarian reform.

SEC. 22.
The State recognizes and
promotes the rights of indigenous
cultural communities within the
framework of national unity and
development.

SEC. 23.
The State shall encourage non-
governmental, community- based,
or sectoral organizations that
promote the welfare of the nation.

SEC. 24.
The State recognizes the vital role
of communication and information
in nation-building.

SEC. 25.
The State shall ensure the
autonomy of local governments.

SEC. 26.
The State shall guarantee equal
access to opportunities for public
service, and prohibit political
dynasties as may be defined by
law.

SEC. 27.
The State shall maintain honesty
and integrity in the public service
and take positive and effective
measures against graft and
corruption.

SEC. 28.
Subject to reasonable conditions
prescribed by law, the State adopts
and implements a policy of full
public disclosure of all its
transactions involving public
interest.

ARTICLE VI ARTICLE VIII ARTICLE VI


Legislative Department
The National Assembly Legislative Department

SEC 1.
Section 1. Section 1.
The legislative power shall be
The Legislative power shall be The Legislative power shall be
vested in the Congress of the vested in a National Assembly. vested in a Congress of the
Philippines which shall consist of a Philippines, which shall consist of
Senate and a House of a Senate and a House of
Representatives, except to the Section 2. Representatives.
extent reserved to the people by The National Assembly shall be
the provision on initiative and composed of as many Members
referendum. Section 2.
as may be provided by law to be
appointed among the provinces, The Senate shall be composed of
SEC. 2. representative districts, and cities twenty-four Senators who shall be
The Senate shall be composed of in accordance with the number of chosen at large by the qualified
twenty-four Senators who shall be their respective inhabitants and on electors of the Philippines, as may
elected at large by the qualified the basis of a uniform and be provided by law.
voters of the Philippines, as may progressive ratio. Each district
be provided by law. shall comprise, as far as
practicable, contiguous, compact, Section 3.
SEC. 3. and adjacent territory. The term of office of Senators
No person shall be a Senator Representative districts or shall be six years and shall begin
unless he is a natural-born citizen provinces already created or on the thirtieth day of December
of the Philippines, and, on the day existing at the time of the next following their election. The
of the election, is at least thirty-five ratification of this Constitution shall first Senators elected under this
years of age, able to read and have at least one Member each. Constitution shall, in the manner
write, a registered voter, and a provided by law, be divided
resident of the Philippines for not equally into three groups, the
less than two years immediately Section 3.
Senators of the first group, to
preceding the day of the election. (1) The Members of the National serve for a term of six years; those
Assembly shall be elected by the of the second group, for four
SEC. 4. qualified electors in their years; and those of the third
The term of office of the Senators respective districts for a term of six group, for two years.
shall be six years and shall years which shall begin, unless
commence, unless otherwise otherwise provided by law, at noon
provided by law, at noon on the on the thirtieth day of June next Section 4.
thirtieth day of June next following following their election.
No person shall be a Senator
their election. No Senator shall
unless he be a natural born citizen
serve for more than two
of the Philippines and, at the time
consecutive terms. Voluntary (2) In case the National Assembly
renunciation of the office for any is dissolved, the newly elected of his election, is at least thirty-five
length of time shall not be Members shall serve the years of age, a qualified elector,
considered as an interruption in the unexpired portion of the term from and a resident of the Philippines
continuity of his service for the full the time the Prime Minister for not less than two years
term for which he was elected. convenes the Assembly, which immediately prior to his election.
shall not be later than thirty days
SEC. 5. immediately following the
(1) The House of Representatives elections. Section 5.

shall be composed of not more The House of Representatives


than two hundred and fifty shall be composed of not more
members, unless otherwise fixed Section 4.
than one hundred and twenty
by law, who shall be elected from No person shall be a Member of Members who shall be
legislative districts apportioned the National Assembly unless he apportioned among the several
among the provinces, cities, and is a natural-born citizen of the provinces as nearly as may be
the Metropolitan Manila area in Philippines and, on the day of the accorded to the number of their
accordance with the number of election, is at least twenty-five respective inhabitants, but each
their respective inhabitants, and on years of age, able to read and province shall have at least one
the basis of a uniform and write, a registered voter in the Member. The Congress shall by
progressive ratio, and those who, district in which he shall be law make an apportionment within
as provided by law, shall be elected, and a resident thereon for three years after the return of
elected through a party-list system a period of not less than one year every enumeration, and not
of registered national, regional, and immediately preceding the day of otherwise. Until such
sectoral parties or organizations. the election. apportionment shall have been
made, the House of

(2) The party-list representatives Representatives shall have the


Section 5. same number of Members as that
shall constitute twenty per centum
of the total number of (1) Unless otherwise provided by fixed by law for the National

representatives including those law, the regular election of Assembly, who shall be elected by

under the party list. For three Members of the National the qualified electors from the

consecutive terms after the Assembly shall be held on the present Assembly districts. Each

ratification of this Constitution, one- second Monday of May every six representative district shall

half of the seats allocated to party- years thereafter. comprise, as far as practicable,

list representatives shall be filled, contiguous and compact territory.

as provided by law, by selection or


(2) In case a vacancy arises in the
election from the labor, peasant, National Assembly one year or Section 6.
urban poor, indigenous cultural more before a regular election, the
The term of office of the Members
communities, women, youth, and Commission on Elections shall call
of the House of Representatives
such other sectors as may be a special election to be held within
shall be four years and shall begin
provided by law, except the sixty days after the vacancy
on the thirtieth day of December
religious sector. occurs.
next following their election.

(3) Each legislative district shall


Section 6.
comprise, as far as practicable, Section 7.

contiguous, compact, and adjacent The National Assembly shall No person shall be a Member of
territory. Each city with a convene once every year on the
the House of Representatives
population of at least two hundred fourth Monday of July for its
unless he be a natural born citizen
fifty thousand, or each province, regular session, unless a different
of the Philippines, and, at the time
shall have at least one date is fixed by law, and shall
of his election, is at least twenty-
representative. continue to be in session until
five years of age, a qualified
thirty days before the opening of
elector, and a resident of the
its next regular session, exclusive
(4) Within three years following the province in which he is chosen for
of Saturdays, Sundays, and legal
return of every census, the not less than one year immediately
holidays. It may recess for periods
Congress shall make a prior to his election.
not exceeding thirty days each,
reappointment of legislative
and not more than ninety days
districts based on the standards
during the year. However, it may Section 8.
provided in this section.
be called to session at any time by
(1) Elections for Senators and
the Prime Minister to consider
SEC. 6. Members of the House of
such subjects or legislation as he
No person shall be a Member of Representatives shall be held in
may designate.
the House of Representatives the manner and on the dates fixed

unless he is a natural-born citizen by law.

of the Philippines and, on the day Section 7.


of the election, is at least twenty-
(1) The National Assembly, shall, (2) In case of vacancy in the
five years of age, able to read and
by a majority vote of all its Senate or in the House of
write, and, except the party-list
Members, elect its Speaker from Representatives, a special election
representatives, a registered voter
the Members thereof. It shall may be called to fill such vacancy
in the district in which he shall be
choose such other officers as it in the manner prescribed by law,
elected, and a resident thereof for
a period of not less than one year may deem necessary. but the Senator or Member of the
immediately preceding the day of House of Representatives thus
The election of the President and
the election. elected shall serve only for the
the Prime Minister shall precede
unexpired term.
all other business following the
election of the Speaker.
SEC. 7.
The Members of the House of Section 9.
Representatives shall be elected
(2) A majority of the National The Congress shall convene in
for a term of three years which
Assembly shall constitute a regular session once every year
shall begin, unless otherwise
quorum to do business, but a on the fourth Monday of January,
provided by law, at noon on the
smaller number may adjourn from unless a different date is fixed by
thirtieth day of June next following
day to day and may compel the law. It may be called in special
their election.
attendance of absent Members in session at any time by the
No member of the House of
such manner, and under such President to consider general
Representatives shall serve for
penalties, as the National legislation or only such subjects as
more than three consecutive terms.
Assembly may provide. he may designate. No special
Voluntary renunciation of the office
session shall continue longer than
for any length of time shall not be
thirty days and no regular session
considered as an interruption in the (3) The National Assembly may
longer than one hundred days,
continuity of his service for the full determine the rules of its
exclusive of Sundays.
term for which he was elected. proceedings, punish its Members
for disorderly behavior, and with
SEC. 8. concurrence of two-thirds of all its
Unless otherwise provided by law, Members, suspend or expel a
Section 10.
the regular election of the Senators Member, but if the penalty is
and the Members of the House of suspension, this shall not exceed (1) The Senate shall elect its
Representatives shall be held on sixty days. President and the House of
the second Monday of May. Representatives its Speaker.

Each House shall choose such


SEC. 9. (4) The National Assembly shall
other officers as may be required.
In case of vacancy in the Senate or keep a Journal of its proceedings,
in the House of Representatives, a and from time to time publish the
special election may be called to fill same, excepting such parts as (2) A majority of each House shall
such vacancy in the manner may, in its judgment, affect constitute a quorum to do
prescribed by law, but the Senator national security; and the yeas and business, but a smaller number
or Member of the House of nays on any question shall, at the may adjourn from day to day and
Representatives thus elected shall request of one-fifth of the may compel the attendance of
serve only for the unexpired term. Members present, be entered in absent Members in such manner
the Journal. and under such penalties as such
SEC. 10. House may provide.
The salaries of Senators and
Members of the House of Section 8.

Representatives shall be (3) Each House may determine


(1) Unless otherwise provided by
determined by law. No increase in law, each Member of the National the rule of its proceedings, punish
said compensation shall take effect Assembly shall receive an annual its Members for disorderly
until after the expiration of the full salary of sixty thousand pesos. behavior, and, with the

term of all the Members of the concurrence of two-thirds of all its


The Speaker of the National
Senate and the House of Members, expel a Member.
Assembly shall receive an annual
Representatives approving such salary of seventy-five thousand
increase. pesos. No increase in salary shall
(4) Each House shall keep a
take effect until after the expiration
Journal of its proceedings, and
SEC. 11. of the term of the Members of the
from time to time publish the
A Senator or Member of the House National Assembly approving such
same, excepting such parts as
of Representatives shall, in all increase.
may in its judgment requires
offenses punishable by not more
secrecy; and the yeas and nays on
than six years imprisonment, be
any question shall, at the request
privileged from arrest while the (2) The records and books of
of one-fifth of the Members
Congress is in session. No accounts of the National Assembly
present, be entered into the
member shall be questioned nor be shall be open to the public in
Journal.
held liable in any other place for accordance with law, and such

any speech or debate in the books shall be audited by the

Congress or in any committee Commission on Audit which shall


(5) Neither House during the
thereof. publish annually the itemized
sessions of the Congress shall,
expenditures for each Member.
without the consent of the other,
SEC. 12. adjourn for more than three days,
All Members of the Senate and the nor to any other place than that in
Section 9.
House of Representatives shall, which the two Houses shall be
upon assumption of office, make a A Member of the National sitting.
full disclosure of their financial and Assembly shall, in all offenses
business interests. They shall punishable by not more than six
notify the House concerned of a years imprisonment, be privileged Section 11.
potential conflict of interest that from arrest during his attendance
The Senate and the House of
may arise from the filing of a at its sessions, and in going to and
Representatives shall have an
proposed legislation of which they returning from the same; but the
Electoral Tribunal which shall be
are authors. National Assembly shall surrender
the sole judge of all contests
the Member involved to the
relating to the election, returns,
SEC. 13. custody of the law within twenty-
and qualifications of their
No Senator or a Member of the four hours after its adjournment for
respective Members. Each
House of Representatives may a recess or its next session,
Electoral Tribunal shall be
hold any other office or otherwise such privilege shall
composed of nine Members, three
employment in the Government, or cease upon its failure to do so. A
of whom shall be Justices of the
any subdivision, agency, or Member shall not be questioned or
Supreme Court to be designated
instrumentality thereof, including held liable in any other place for
by the Chief Justice, and the
government-owned or controlled any speech or debate in the
remaining six shall be Members of
corporations or their subsidiaries, Assembly or in any committee
the Senate or the House of
during his term without forfeiting thereof.
Representatives, as the case may
his seat. Neither shall he be
be, who shall be chosen by each
appointed to any office which may
House, three upon nomination of
have been created or the Section 10.
the party having the largest
emoluments thereof increased A Member of the National number of votes and three of the
during the term for which he was Assembly shall not hold any other party having the second largest
elected. office or employment in the numbers of votes therein. The
government, or any subdivision, senior Justice in each Electoral
SEC. 14. agency, or instrumentality thereof, Tribunal shall be its Chairman.
No Senator or Member of the including government-owned or
House of Representatives may controlled corporations during his
personally appear as counsel tenure except that of Prime
before any court of justice or Minister or Member of the Cabinet.
Section 12.
before the Electoral Tribunals, or Neither shall he be appointed to
quasi-judicial and other any civil office which may have There shall be a Commission on

administrative bodies. Neither shall been created or the emoluments Appointments consisting of twelve

he, directly or indirectly, be thereof increased while he was a Senators and twelve Members of

interested financially in any Member of the National Assembly. the House of Representatives,
contract with, or in any franchise or elected by each House,

special privilege granted by the respectively, on the basis of


Government, or any subdivision, Section 11. proportional representation of the
agency, or instrumentality thereof, political parties therein. The
No Member of the National
including any government-owned president of the Senate shall be
Assembly shall appear as counsel
or controlled corporation, or its the Chairman ex officio of the
before any court inferior to a court
subsidiary, during his term of Commission, but shall not vote
with appellate jurisdiction, before
office. He shall not intervene in any except in case of tie.
any court in any civil case wherein
matter before any office of the
the government, or any
Government for his pecuniary
subdivision, agency, or
benefit or where he may be called
instrumentality thereof is the
upon to act on account of his Section 13.
adverse party, or before any
office.
administrative body. Neither shall The Electoral Tribunal and the
he, directly or indirectly, be Commission on Appointments
SEC. 15.
interested financially in any shall be constituted within thirty
The Congress shall convene once
contract with, or in any franchise days after the Senate and the
every year on the fourth Monday of
or special privilege granted by, the House of Representatives shall
July for its regular session, unless
government, or any subdivision, have been organized with the
a different date is fixed by law, and
agency, or instrumentality thereof, election of their President and
shall continue to be in session for
including any government-owned Speaker, respectively. The
such number of days as it may
or controlled corporation, during Commission on Appointments
determine until thirty days before
his term of office. He shall not shall meet only while the Congress
the opening of its next regular
intervene in any matter before any is in session, at the call of its
session, exclusive of Saturdays,
office of the government for his Chairman or a majority of its
Sundays, and legal holidays. The
pecuniary benefit. Members, to discharge such
President may call a special
powers and functions as are
session at any time.
herein conferred upon it.
Section 12.
SEC. 16. Section 14.
(1) There shall be a question hour
(1) The Senate shall elect its The Senators and the Members of
at least once a month or as often
President and the House of the House of Representatives
as the rules of the National
Representatives its Speaker, by a shall, unless otherwise provided
Assembly may provide, which
majority vote of all its respective by law, receive an annual
shall be included in its agenda,
Members.
during which the Prime Minister or compensation of seven thousand
Each House shall choose such two hundred pesos each, including
any Minister may be required to
other officers as it may deem
appear and answer questions and per diems and other emoluments
necessary.
(2) A majority of each House shall interpellations by Members of the or allowances and exclusive only
constitute a quorum to do National Assembly. Written of traveling expenses to and from
business, but a smaller number questions shall be submitted to the their respective districts in the
may adjourn from day to day and Speaker at least three days before case of Members of the House of
may compel the attendance of a scheduled question hour. Representatives, and to an from
absent Members in such manner, Interpellations shall not be limited their places of residence in the
and under such penalties, as such to the written questions, but may case of Senators, when attending
House may provide. cover matters related thereto. The sessions of the Congress. No
(3) Each House may determine the agenda shall specify the subjects increase in said compensation
rules of its proceedings, punish its of the question hour. When the shall take effect until after the
Members for disorderly behavior, security of the State so requires expiration of the full term of all the
and, with the concurrence of two- and the Prime Minister so states in Members of the Senate and of the
thirds of all its Members, suspend writing, the question hour shall be House of Representatives
or expel a Member. A penalty for conducted in executive session. approving such increase. Until
suspension, when imposed, shall otherwise provided by law, the
not exceed sixty days. President of the Senate and the
(4) Each House shall keep a (2) The National Assembly or any Speaker of the House of

Journal of its proceedings, and of its committees may conduct Representatives shall each
from time to time publish the same, inquiries in aid of legislation in receive an annual compensation
excepting such parts as may, in its accordance with its duly published of sixteen thousand pesos.
judgment, affect national security; rules of procedure. The rights of

and the yeas and nays on any persons appearing in such

question shall, at the request of inquiries shall be respected.

one-fifth of the members present, Section 15.


be entered in the Journal.
Section 13. The Senators and Members of the
Each House shall also keep a
House of Representatives shall in
Record of its proceedings. (1) The National Assembly may
all cases except treason, felony,
(5) Neither House during the withdraw its confidence from the
and breach of the peace, be
sessions of the Congress shall, Prime Minister only by electing a
privileged from arrest during their
without the consent of the other, successor by a majority vote of all
attendance at the session of the
adjourn for more than three days, its Members. No motion for the
Congress, and in going to and
nor to any other place than that in election of such successor shall be
returning from the same; and for
which the two Houses shall be debated and voted upon until after
any speech or debate therein, they
sitting. the lapse of three days from the
shall not be questioned in any
SEC. 17. submittal of such motion. other place.
The Senate and the House of
Representatives shall each have
an Electoral Tribunal which shall (2) The Prime Minister may advise

be the sole judge of all contests the President in writing to dissolve


Section 16.
relating to the election, returns, and the National Assembly whenever
qualifications of their respective the need arises for a popular vote No Senator or Member of the
of confidence on fundamental House of Representatives may
Members. Each Electoral Tribunal
issues, but not on a matter hold any other office or
shall be composed of nine
employment in the government
Members, three of whom shall be involving his own personal
without forfeiting his seat, nor shall
Justices of the Supreme Court to integrity. Whereupon, the
any Senator or Member of the
be designated by the Chief Justice, President shall dissolve the
and the remaining six shall be National Assembly not earlier than House of Representatives, during

Members of the Senate or the five days nor later than ten days the time for which he was elected,
be appointed to any civil office
House of Representatives, as the from his receipt of the advice, and
which may have been created or
case may be, who shall be chosen call for an election on a date set by
on the basis of proportional the Prime Minister which shall not the emoluments whereof shall

representation from the political be earlier than forty-five days nor have been increased while he was

parties and the parties or later than sixty days from the date a Member of the Congress.

organizations registered under the of such dissolution. However, no Section 17.

party-list system represented dissolution of the National


No Senator or Member of the
therein. The senior Justice in the Assembly shall take place within
House of Representatives shall
Electoral Tribunal shall be it nine months immediately
directly or indirectly be financially
Chairman. preceding a regular election or
interested in any contract with the
within nine months immediately
government or any subdivision or
SEC. 18. following any general election.
instrumentality thereof, or in any
There shall be a Commission on franchise or special privilege
Appointments consisting of the granted by the Congress during
(3) In case of dissolution of the
President of the Senate, as ex his term of office. He shall not
National Assembly or the
officio Chairman, twelve Senators,
termination of its regular term, the appear as counsel before the
and twelve Members of the House
incumbent Prime Minister and the Electoral Tribunals or before any
of Representatives, elected by
Cabinet shall continue to conduct court in any civil case wherein the
each House on the basis of
the affairs of government until the Government or any subdivision or
proportional representation from instrumentality thereof is the
new National Assembly is
the political parties or organizations
registered under the party-list convoked and a Prime Minister is adverse party, or in any criminal
system represented therein. The elected and has qualified. case wherein an officer or
Chairman of the Commission shall employee of the government is
not vote, except in case of a tie. accused of an offense committed
The Commission shall act on all Section 14. in relation to his office, or collect
appointments submitted to it within (1) Except as otherwise provided any fee for his appearance in any
thirty session days of the Congress in this Constitution, no treaty shall administrative proceedings; or
from their submission. The be valid and effective unless accept employment to intervene in
Commission shall rule by a concurred in by a majority of all any cause or matter where he may
majority vote of all the Members. the Members of the National be called upon to act on account

Assembly. of his office. No Member of the


SEC. 19. Commission on Appointments
The Electoral Tribunals and the shall appear as counsel before
Commission on Appointments shall (2) The National Assembly, by a any court inferior to a collegiate
be constituted within thirty days vote of two-thirds of all its court of appellate jurisdiction.
after the Senate and the House of Members, shall have the sole
Representatives shall have been power to declare the existence of

organized with the election of the a state of war. Section 18.

President and the Speaker. The All appropriation, revenue or tariff


Commission on Appointments shall bills, bills authorizing increase of
Section 15.
meet only while the Congress is in the public debt, bills of local
session, at the call of its Chairman In times of war or other national application, and private bills, shall
or a majority of all its Members, to emergency, the National Assembly originate exclusively in the House
discharge such powers and may by law authorize the Prime of Representatives, but the Senate
functions as are herein conferred Minister, for a limited period and may propose or concur with
upon it. subject to such restrictions as it amendments.
may prescribe, to exercise powers
SEC. 20. necessary and proper to carry out
The records and books of accounts a declared national policy. Unless Section 19.
of the Congress shall be preserved sooner withdrawn by resolution of (1) The President shall submit
and be open to the public in the National Assembly, such within fifteen days of the opening
accordance with law, and such powers shall cease upon its next of each regular session of the
books shall be audited by the adjournment. Congress a budget of receipts and
Commission on Audit which shall expenditures, which shall be the
publish annually an itemized list of
amounts paid to and expenses Section 16. basis of the general appropriations
incurred for each Member. bill. The Congress may not
(1) The Prime Minister shall submit
increase the appropriations
to the National Assembly within
SEC. 21. recommended by the President for
thirty days from the opening of
The Senate or the House of the operation of the Government
each regular session, as the basis
Representatives or any of its as specified in the Budget, except
of the general appropriations bill, a
respective committees may the appropriations for the
budget of receipts based on
conduct inquiries in aid of Congress and the Judicial
existing and proposed revenue
legislation in accordance with its Department. The form of the
measures, and of expenditures.
duly published rules of procedure. Budget and the information that it
The form, content, and manner of
The rights of persons appearing in should contain shall be prescribed
preparation of the budget shall be
or affected by such inquiries shall by law.
prescribed by law.
be respected.
(2) No provision or enactment
(2) No provision or enactment
shall be embraced in the general
SEC. 22. shall be embraced in the general
appropriations bill unless it relates
The heads of departments may appropriations bill unless it relates
specifically to some particular
upon their own initiative, with the specifically to some particular
appropriation therein; and any
consent of the President, or upon appropriation therein. Any such
such provision or enactment shall
the request of either House, as the provision or enactment shall be
be limited in its operation to such
rules of each House shall provide, limited in its operation to the
appropriation.
appear before and be heard by appropriation to which it relates.

such House on any matter


pertaining to their departments. Section 20.
(3) The procedure in approving
Written questions shall be
appropriations for the National (1) Every bill passed by the
submitted to the President of the
Assembly shall strictly follow the Congress shall, before it becomes
Senate or the Speaker of the
procedure for approving a law, be presented to the
House of Representatives at least
appropriations for other President. If he approves the
three days before their scheduled
departments and agencies. same, he shall sign it; but if not, he
appearance. Interpellations shall
shall return it with his objections to
not be limited to written questions,
the House where it originated,
but may cover matters related (4) A special appropriations bill which shall enter the objections at
thereto. When the security of the shall specify the purpose for which large on its Journal and proceed to
State or the public interest so it is intended, and shall be reconsider it. If, after such
requires and the President so supported by funds actually reconsideration, two-thirds of all
states in writing, the appearance
shall be conducted in executive available as certified to by the the Members of such House shall
session. National Treasurer, or to be raised agree to pass the bill, it shall be
by a corresponding revenue sent together, with the objections,
SEC. 23. proposal included therein. to the House by which it shall
(1) The Congress, by a vote of two- likewise be reconsidered, and if
thirds of both Houses in joint approved by two-thirds of all the
session assembled, voting (5) No law shall be passed Members of that House, it shall
separately, shall have the sole authorizing any transfer of become a law. In all such cases,
power to declare the existence of a appropriations; however, the the votes of each House shall be
state of war. Prime Minister, the Speaker, the determined by yeas and nays, and
Chief Justice of the Supreme the names of the Members voting
Court, and the heads of for and against shall be entered on
(2) In times of war or other national
Constitutional Commissions may its Journal. If any bill shall not be
emergency, the Congress may, by
by law be authorized to augment returned by the President as
law, authorize the President, for a
any item in the general herein provided within twenty days
limited period and subject to such
appropriations law for their (Sundays excepted) after it shall
restrictions as it may prescribe, to
respective offices from saving in have been presented to him, the
exercise powers necessary and
other items of their respective same shall become a law in like
proper to carry out a declared
appropriations. manner as if he had signed it,
national policy. Unless sooner
unless the Congress by
withdrawn by resolution of the
adjournment prevent its return, in
Congress, such powers shall (6) If, by the end of the fiscal year,
which case it shall become a law
cease upon the next adjournment the National Assembly shall have
unless vetoed by the President
thereof. failed to pass the general
within thirty days after
appropriations bill for the ensuing
adjournment.
SEC. 24. fiscal year, the general
All appropriation, revenue or tariff appropriations law for the
bills, bills authorizing increase of preceding fiscal year shall be (2) The President shall have the
public debt, bills of local deemed re-enacted and shall power to veto any particular item
application, and private bills shall
remain in force and effect until the or items of an appropriation bill,
originate exclusively in the House general appropriations bill is
but the veto shall not affect the
of Representatives, but the Senate passed by the National Assembly.
item or items to which he does not
may propose or concur with
object. When a provision of an
amendments.
appropriation bill affects one or
Section 17.
more items of the same, the
SEC. 25. (1) The rule of taxation shall be President cannot veto the
(1) The Congress may not increase uniform and equitable. The provision without at the same time,
the appropriations recommended National Assembly shall evolve a vetoing the particular item or items
by the President for the operation progressive system of taxation. to which it relates. The item or
of the Government as specified in items objected to shall not take
the budget. The form, content, and effect except in the manner
manner of preparation of the (2) The National Assembly may by heretofore provided as to bills

budget shall be prescribed by law. law authorize the Prime Minister to returned to the Congress without
fix within specified limits, and the approval of the President. If
subject to such limitations and the veto refers to a bill or any item
(2) No provision or enactment shall
restrictions as it may impose, tariff of an appropriation bill which
be embraced in the general
rates, import and export quotas, appropriates a sum in excess of
appropriations bill unless it relates
tonnage and wharfage dues, and ten per centum of the total amount
specifically to some particular
other duties or imposts. voted in the appropriation bill for
appropriation therein. Any such
the general expenses of the
provision or enactment shall be
Government for the preceding
limited in its operation to the (3) Charitable institutions,
year, or if it should refer to a bill
appropriation to which it relates. churches, personages or convents
authorizing an increase of the
appurtenant thereto, mosques and
public debt, the same shall not
(3) The procedure in approving non-profit cemeteries, and all
become a law unless approved by
appropriations for the Congress lands, buildings and improvements
three-fourths of all the Members of
shall strictly follow the procedure actually, directly, and exclusively
each House.
for approving appropriations for used for religious or charitable

other departments or agencies. purposes shall be exempt from


taxation. (3) The President shall have the
power to veto any separate item or
(4) A special appropriations bill
items in a revenue of tariff bill, and
shall specify the purpose for which (4) No law granting any tax
the item or items shall not take
it is intended, and shall be exemption shall be passed without
effect except in the manner
supported by funds actually the concurrence of a majority of all
provided as to bills vetoed by the
available as certified by the the Members of the National
President.
National Treasurer, or to be raised Assembly.
by a corresponding revenue
proposed therein.
Section 21.
Section 18.
(1) No bill which may be enacted
(5) No law shall be passed (1) No money shall be paid out of into law shall embrace more than
authorizing any transfer of the Treasury except in pursuance one subject which shall be
appropriations; however, the of an appropriation made by law. expressed in the title of the bill.
President, the President of the
Senate, the Speaker of the House
of Representatives, the Chief (2) No public money or property (2) No bill shall be passed by

Justice of the Supreme Court, and shall ever be appropriated, either House unless it shall have

the Constitutional Commissions applied, paid, or used, directly or been printed and copies thereof in

may, by law, be authorized to indirectly, for the use, benefit, or its final form furnished its

augment any item in the general support of any sect, church, Members at least three calendar

appropriations law for their denomination, sectarian institution, days prior to its passage, except

respective offices from savings in or system of religion or for the use, when the President shall have

other items of their respective benefit, or support of any priest, certified to the necessity of its

appropriations. preacher, minister, or other immediate enactment. Upon the


religious teacher or dignitary as last reading of a bill no
such, except when such priest, amendment thereof shall be
(6) Discretionary funds
preacher, minister, or dignitary is allowed, and the question upon its
appropriated for particular officials
assigned to the armed forces, or to passage shall be taken
shall be disbursed only for public
any penal institution, or immediately thereafter, and the
purposes to be supported by
government orphanage or yeas and nays entered on the
appropriate vouchers and subject
leprosarium. Journal.
to such guidelines as may be
prescribed by law.

Section 19. Section 22.

(7) If, by the end of any fiscal year, (1) Every bill shall become a law (1) The rule of taxation shall be
the Congress shall have failed to unless it has passed three uniform.
pass the general appropriations bill readings on separate days, and
for the ensuing fiscal year, the printed copies thereof in its final
general appropriations law for the form have been distributed to the (2) The Congress may by law
preceding fiscal year shall be Members three days before its authorize the President, subject to

deemed reenacted and shall passage, except when the Prime such limitations and restrictions as

remain in force and effect until the Minister certifies to the necessity it may impose, to fix, within

general appropriations bill is of its immediate enactment to specified limits, tariff rates, import

passed by the Congress. meet a public calamity or or export quotas, and tonnage and

emergency. Upon the last reading wharfage dues.


SEC. 26. of a bill, no amendment thereto
(1) Every bill passed by the shall be allowed, and the vote
(3) Cemeteries, churches, and
Congress shall embrace only one thereon shall be taken immediately
parsonages or convents
subject which shall be expressed in thereafter, and the yeas and nays
appurtenant thereto, and all lands,
the title thereof. entered in the Journal.
buildings, and improvements used
exclusively for religious, charitable,
(2) No bill passed by either House or educational purposes shall be
(2) No bill except those of local
shall become a law unless it has exempt from taxation.
application shall be calendared
passed three readings on separate
without the prior recommendation
days, and printed copies thereof in
of the Cabinet.
its final form have been distributed Section 23.

to its members three days before (1) All money collected on any tax
its passage, except when the Section 20. levied for a special purpose shall
President certifies to the necessity be treated as a special fund and
(1) Every bill passed by the
of its immediate enactment to meet paid out for such purpose only. If
national Assembly shall, before it
a public calamity or emergency. the purpose for which a special
becomes a law, be presented to
Upon the last reading of a bill, no fund was crated has been fulfilled
the Prime Minister. If he approves
amendment thereto shall be or abandoned, the balance, if any,
the same he shall sign it;
allowed, and the vote thereon shall shall be transferred to the general
otherwise, he shall veto it and
be taken immediately thereafter, funds of the Government.
return the same with his objections
and the yeas and nays entered in
to the National Assembly. The bill
the Journal.
may be reconsidered by the
(2) No money shall be paid out of
National Assembly and, if
SEC. 27. Treasury except in pursuance of
approved by two-thirds of all its
(1) Every bill passed by the an appropriation made by law.
Members, shall become a law.
Congress shall, before it becomes
The Prime Minister shall act on
a law, be presented to the
every bill passed by the National (3) No public money, or property
President. If he approves the
Assembly within thirty days after shall ever be appropriated,
same, he shall sign it; otherwise,
the date of receipt thereof; applied, or used, directly or
he shall veto it and return the same
otherwise, it shall become a law as indirectly, for the use, benefit, or
with his objections to the House
if he had signed it. support of any sect, church,
where it originated, which shall
enter the objections at large in its (2) The Prime Minister shall have denomination, sectarian institution
the power to veto any particular or system of religion, for the use,
Journal and proceed to reconsider
benefit, or support of any priest,
it. If, after such reconsideration, item or items in appropriation, preacher, ministers, or other
two-thirds of all the Members of revenue, or tariff bill, but the veto religious teacher or dignitary as
such House shall agree to pass the shall not affect the item or items to such except when such priest,
bill, it shall be sent, together with which he does not object. preacher, minister, or dignitary is
the objections, to the other House assigned to the armed forces or to
by which it shall likewise be any penal institution, orphanage or
reconsidered, and if approved by leprosarium.
two-thirds of all the Members of
that House, it shall become a law.
In all such cases, the votes of each Section 24.

House shall be determined by yeas The heads of departments upon


or nays, and the names of the their own initiative or upon the
Members voting for or against shall request of either House may
be entered in its Journal. The appear before and be heard by
President shall communicate his such House on any matter
veto of any bill to the House where pertaining to their departments,
it originated within thirty days after unless the public interest shall
the day of receipt thereof; require otherwise and the
otherwise, it shall become a law as President shall so state in writing.
if he had signed it.
Section 25.

The Congress, shall, with the


(2) The President shall have the
concurrence of two-thirds of all the
power to veto any particular item or
Members of each House, have the
items in an appropriation, revenue,
sole power to declare war.
or tariff bill, but the veto shall not
affect the item or items to which he Section 26. In times of war and

does not object. other national emergency the


Congress may by law authorize
the President, for a limited period,
SEC. 28. and subject to such restrictions as
(1) The rule of taxation shall be it may prescribe, to promulgate
uniform and equitable. The rules and regulations to carry out a
Congress shall evolve a declared national policy.
progressive system of taxation.
(2)The Congress may, by law,
authorize the President to fix within
specified limits, and subject to such
limitations and restrictions as it
may impose, tariff rates, import and
export quotas, tonnage and
wharfage dues, and other duties or
imposts within the framework of the
national development program of
the Government.

(3)Charitable institutions, churches


and parsonages or covenants
appurtenant thereto, mosques,
non-profit cemeteries, and all
lands, buildings, and
improvements, actually, directly,
and exclusively used for religious,
charitable, or educational purposes
shall be exempt from taxation.

(4) No law granting any tax


exemption shall be passed without
the concurrence of a majority of all
the Members of the Congress.

SEC. 29.
(1) No money shall be paid out of
the Treasury except in pursuance
of an appropriation made by law.

(2) No public money or property


shall be appropriated, applied,
paid, or employed, directly or
indirectly, for the use, benefit, or
support of any sect, church,
denomination, sectarian institution,
or system of religion, or of any
priest, preacher, minister, or other
religious teacher, or dignitary as
such, except when such priest,
preacher, minister, or dignitary is
assigned to the armed forces, or to
any penal institution, or
government orphanage or
leprosarium.

(3) All money collected on any tax


levied for a special purpose shall
be treated as a special fund and
paid out for such purpose only. If
the purpose for which a special
fund was created has been fulfilled
or abandoned, the balance, if any,
shall be transferred to the general
funds of the Government.

SEC. 30.
No law shall be passed increasing
the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice and
concurrence.

SEC. 31.
No law granting a title of royalty or
nobility shall be enacted.
SEC. 32.
The Congress shall, as early as
possible, provide for a system of
initiative and referendum, and the
exceptions therefrom, whereby the
people can directly propose and
enact laws or approve or reject any
act or law or part thereof passed by
the Congress or local legislative
body after the registration of a
petition therefor signed by at least
ten per centum of the total number
of registered voters, of which every
legislative district must be
represented by at least three per
centum of the registered voters
thereof.

ARTICLE VII
Executive Department

SEC 1.
The executive power shall be
vested in the President of the
Philippines.

SEC. 2.
No person may be elected
President unless he is a natural-
born citizen of the Philippines, a
registered voter, able to read and
write, at least forty years of age on
the day of the election, and a
resident of the Philippines for at
least ten years immediately
preceding such election.

SEC. 3.
There shall be a Vice-President
who shall have the same
qualifications and term of office
and be elected with and in the
same manner as the President. He
may be removed from office in the
same manner as the President.
The Vice-President may be
appointed as a Member of the
Cabinet. Such appointment
requires no confirmation.

SEC. 4.
The President and the Vice-
President shall be elected by direct
vote of the people for a term of six
years which shall begin at noon on
the thirtieth day of June following
the day of the election and shall
end at noon of the same date six
years thereafter. The President
shall not be eligible for any
reelection. No person who has
succeeded as President and has
served as such for more than four
years shall be qualified for election
to the same office at any time.

No Vice-President shall serve for


more than two consecutive terms.
Voluntary renunciation of the office
for any length of time shall not be
considered as an interruption in the
continuity of the service for the full
term for which he was elected.
Unless otherwise provided by law,
the regular election for President
and Vice-President shall be held
on the second Monday of May.

The returns of every election for


President and Vice-President, duly
certified by the board of
canvassers of each province or
city, shall be transmitted to the
Congress, directed to the President
of the Senate. Upon receipt of the
certificates of canvass, the
President of the Senate shall, not
later than thirty days after the day
of the election, open all certificates
in the presence of the Senate and
the House of Representatives in
joint public session, and the
Congress, upon determination of
the authenticity and due execution
thereof in the manner provided by
law, canvass the votes.

The person having the highest


number of votes shall be
proclaimed elected, but in case two
or more shall have an equal and
highest number of votes, one of
them shall forthwith be chosen by
the vote of a majority of all the
Members of the Congress, voting
separately.
The Congress shall promulgate its
rules for the canvassing of the
certificates.

The Supreme Court, sitting en


banc, shall be the sole judge of all
contests relating to the election,
returns, and qualifications of the
President or Vice- President, and
may promulgate its rules for the
purpose.

SEC. 5.
Before they enter on the execution
of their office, the President, the
Vice-President, or the Acting
President shall take the following
oath or affirmation :

"I do solemnly swear (or affirm)


that I will faithfully and
conscientiously fulfill my duties as
President (or Vice-President or
Acting President) of the
Philippines, preserve and defend
its Constitution, execute its laws,
do justice to every man, and
consecrate myself to the service of
the Nation. So help me God." (In
case of affirmation, last sentence
will be omitted.)

SEC. 6.
The President shall have an official
residence. The salaries of the
President and Vice-President shall
be determined by law and shall not
be decreased during their tenure.
No increase in said compensation
shall take effect until after the
expiration of the term of the
incumbent during which such
increase was approved. They shall
not receive during their tenure any
other emolument from the
Government or any other source.

SEC. 7.
The President-elect and the Vice-
President-elect shall assume office
at the beginning of their terms.
If the President-elect fails to
qualify, the Vice-President-elect
shall act as President until the
President-elect shall have
qualified.
If a President shall not have been
chosen, the Vice-President-elect
shall act as President until a
President shall have been chosen
and qualified.
If at the beginning of the term of
the President, the President-elect
shall have died or have become
permanently disabled, the Vice-
President-elect shall become
President.

Where no President and Vice-


President shall have been chosen
or shall have qualified, or where
both shall have died or become
permanently disabled, the
President of the Senate or, in case
of his inability, the Speaker of the
House of Representatives shall act
as President until a President or a
Vice-President shall have been
chosen and qualified.

The Congress shall provide for the


manner in which one who is to act
as President shall be selected until
a President or a Vice-President
shall have qualified, in case of
death, permanent disability, or
inability of the officials mentioned
in the next preceding paragraph.

SEC. 8.
In case of death, permanent
disability, removal from office, or
resignation of the President, the
Vice-President shall become the
President to serve the unexpired
term. In case of death, permanent
disability, removal from office, or
resignation of both the President
and Vice-President, the President
of the Senate or, in case of his
inability, the Speaker of the House
of Representatives, shall then act
as President until the President or
Vice-President shall have been
elected and qualified.

The Congress shall, by law,


provide who shall serve as
President in case of death,
permanent disability, or resignation
of the Acting President. He shall
serve until the President or the
Vice-President shall have been
elected and qualified, and be
subject to the same restrictions of
powers and disqualifications as the
Acting President.

SEC. 9.
Whenever there is a vacancy in the
Office of the Vice-President during
the term for which he was elected,
the President shall nominate a
Vice-President from among the
Members of the Senate and the
House of Representatives who
shall assume office upon
confirmation of a majority vote of
all the Members of both Houses of
the Congress, voting separately.

SEC. 10.
The Congress shall, at ten o'clock
in the morning of the third day after
the vacancy in the offices of the
President and Vice-President
occurs, convene in accordance
with its rules without need of a call
and within seven days enact a law
calling for a special election to
elect a President and a Vice-
President to b held not earlier than
forty-five days nor later than sixty
days from the time of such call.
The bill calling such special
election shall be deemed certified
under paragraph 2, Section 26,
Article VI of this Constitution and
shall become law upon its approval
on third reading by the Congress.

Appropriations for the special


elections shall be charged against
any current appropriations and
shall be exempt from the
requirements of paragraph 4,
Section 25, Article VI of this
Constitution. The convening of the
Congress cannot be suspended
nor the special election postponed.
No special election shall be called
if the vacancy occurs within
eighteen months before the date of
the next presidential election.

SEC. 11.
Whenever the President transmits
to the President of the Senate and
the Speaker of the House of
Representatives his written
declaration that he is unable to
discharge the powers and duties of
his office and until he transmits to
them a written declaration to the
contrary, such powers and duties
shall be discharged by the Vice-
President as Acting President.

Whenever a majority of all the


Members of the Cabinet transmit to
the President of the Senate and to
the Speaker of the House of
Representatives their written
declaration that the President is
unable to discharge the powers
and duties of his office, the Vice-
President shall immediately
assume the powers and duties of
the office as Acting President.

Thereafter, when the President


transmits to the President of the
Senate and to the Speaker of the
House of Representatives his
written declaration that no inability
exists, he shall reassume the
powers and duties of his office.
Meanwhile, should a majority of all
the Members of the Cabinet
transmit within five days to the
President of the Senate and to the
Speaker of the House of
Representatives their written
declaration that the President is
unable to discharge the powers
and duties of his office, the
Congress shall decide the issue.
For that purpose, the Congress
shall convene, if it is not in session,
within forty-eight hours, in
accordance with its rules and
without need of call.
If the Congress, within ten days
after receipt of the last written
declaration, or, if not in session,
within twelve days after it is
required to assemble, determines
by a two-thirds vote of both
Houses, voting separately, that the
President is unable to discharge
the powers and duties of his office,
the Vice-President shall act as the
President; otherwise, the President
shall continue exercising the
powers and duties of his office.

SEC. 12.
In case of serious illness of the
President, the public shall be
informed of the state of his health.
The Members of the Cabinet in
charge of national security and
foreign relations and the Chief of
Staff of the Armed Forces of the
Philippines, shall not be denied
access to the President during
such illness.

SEC. 13.
The President, Vice-President, the
Members of the Cabinet, and their
deputies or assistants shall not,
unless otherwise provided in this
Constitution, hold any other office
or employment during their tenure.
They shall not, during said tenure,
directly or indirectly, practice any
other profession, participate in any
business, or be financially
interested in any contract with, or
in any franchise, or special
privilege granted by the
Government or any subdivision,
agency, or instrumentality thereof,
including government-owned or
controlled corporations or their
subsidiaries. They shall strictly
avoid conflict of interest in the
conduct of their office.
The spouse and relatives by
consanguinity or affinity within the
fourth civil degree of the President
shall not during his tenure be
appointed as members of the
Constitutional Commissions, or the
Office of the Ombudsman, or as
Secretaries, Undersecretaries,
chairmen or heads of bureaus or
offices, including government-
owned or controlled corporations
and their subsidiaries.
SEC. 14.
Appointments extended by an
Acting President shall remain
effective, unless revoked by the
elected President within ninety
days from his assumption or
reassumption of office.

SEC. 15.
Two months immediately before
the next presidential elections and
up to the end of his term, a
President or Acting President shall
not make appointments, except
temporary appointments to
executive positions when
continued vacancies therein will
prejudice public service or
endanger public safety.

SEC. 16.
The President shall nominate and,
with the consent of the
Commission on Appointments,
appoint the heads of the executive
department, ambassadors, other
public ministers and consuls, or
officers of the armed forces from
the rank of colonel or naval
captain, and other officers whose
appointments are vested in him in
this Constitution. He shall also
appoint all other officers of the
Government whose appointments
are not otherwise provided for by
law, and those whom he may be
authorized by law to appoint. The
Congress may, by law, vest the
appointment of other officers lower
in rank in the President alone, in
the courts, or in the heads of
departments, agencies,
commissions, or boards.
The President shall have the power
to make appointments during the
recess of the Congress, whether
voluntary or involuntary, but such
appointments shall be effective
only until after disapproval by the
Commission on Appointments or
until the next adjournment of the
Congress.

SEC. 17.
The President shall control of all
the executive departments,
bureaus and offices. He shall
ensure that the laws be faithfully
executed.

SEC. 18.
The President shall be the
Commander-in-Chief of all armed
forces of the Philippines and
whenever it becomes necessary,
he may call out such armed forces
to prevent or suppress lawless
violence, invasion or rebellion. In
case of invasion or rebellion, when
the public safety requires it, he
may, for a period not exceeding
sixty days, suspend the privilege of
the writ of habeas corpus or place
the Philippines or any part thereof
under martial law. Within forty-eight
hours from the proclamation of
martial law or the suspension of
the privilege of the writ of habeas
corpus, the President shall submit
a report in person or in writing to
the Congress. The Congress,
voting jointly, by a vote of at least a
majority of all its Members in
regular or special session, may
revoke such proclamation or
suspension, which revocation shall
not be set aside by the President.
Upon the initiative of the President,
the Congress may, in the same
manner, extend such proclamation
or suspension for a period to be
determined by the Congress, if the
invasion or rebellion shall persist
and public safety requires it.

The Congress, if not in session,


shall, within twenty-four hours
following such proclamation or
suspension, convene in
accordance with its rules without
any need of a call.

The Supreme Court may review, in


an appropriate proceeding filed by
any citizen, the sufficiency of the
factual basis of the proclamation of
martial law or the suspension of
the privilege of the writ or the
extension thereof, and must
promulgate its decision thereon
within thirty days from its filing.
A state of martial law does not
suspend the operation of the
Constitution, nor supplant the
functioning of the civil courts or the
legislative assemblies, nor
authorize the conferment of
jurisdiction on military courts and
agencies over civilians where civil
courts are able to function, nor
automatically suspend the privilege
of the writ.
The suspension of the privilege of
the writ shall apply only to persons
judicially charged for rebellion or
offenses inherent in or directly
connected with the invasion.

During the suspension of the


privilege of the writ, any person
thus arrested or detained shall be
judicially charged within three
days, otherwise he shall be
released.

SEC. 19.
Except in cases of impeachment,
or as otherwise provided in this
Constitution, the President may
grant reprieves, commutations and
pardons, and remit fines and
forfeitures, after conviction by final
judgment.
He shall also have the power to
grant amnesty with the
concurrence of a majority of all the
Members of the Congress.

SEC. 20.
The President may contract or
guarantee foreign loans on behalf
of the Republic of the Philippines
with the prior concurrence of the
Monetary Board, and subject to
such limitations as may be
provided

by law. The Monetary Board shall,


within thirty days from the end of
every quarter of the calendar year,
submit to the Congress a complete
report of its decisions on
applications for loans to be
contracted or guaranteed by the
Government or government-owned
and controlled corporations which
would have the effect of increasing
the foreign debt, and containing
other matters as may be provided
by law.

SEC. 21.
No treaty or international
agreement shall be valid and
effective unless concurred in by at
least two-thirds of all the Members
of the Senate.

SEC. 22.
The President shall submit to the
Congress within thirty days from
the opening of the regular session,
as the basis of the general
appropriations bill, a budget of
expenditures and sources of
financing, including receipts from
existing and proposed revenue
measures.

SEC. 23.
The President shall address the
Congress at the opening of its
regular session. He may also
appear before it at any other time

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