1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. ARTICLE I NATIONAL TERRITORY The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.
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1987 CONSTITUTION OF THE REPUBLIC OF THEPHILIPPINES
PREAMBLE
We, the sovereign Filipino people, imploring theaid of Almighty God, in order to build a just andhumane society, and establish a Government thatshall embody our ideals and aspirations, promotethe common good, conserve and develop ourpatrimony, and secure to ourselves and ourposterity, the blessings of independence anddemocracy under the rule of law and a regime oftruth, justice, freedom, love, equality, and peace,do ordain and promulgate this Constitution.
ARTICLE I
NATIONAL TERRITORY
The national territory comprises the Philippinearchipelago, with all the islands and watersembraced therein, and all other territories overwhich the Philippines has sovereignty orjurisdiction, consisting of its terrestrial,fluvial and aerial domains, including itsterritorial sea, the seabed, the subsoil, theinsular shelves, and other submarine areas. Thewaters around, between, and connecting the islandsof the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of thePhilippines.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIESPRINCIPLES
Section 1. The Philippines is a democratic andrepublican State. Sovereignty resides in the peopleand all government authority emanates from them.
Section 2. The Philippines renounces war as aninstrument of national policy, adopts the generallyaccepted principles of international law as part ofthe law of the land and adheres to the policy ofpeace, equality, justice, freedom, cooperation, andamity with all nations.
Section 3. Civilian authority is, at all times,supreme over the military. The Armed Forces of thePhilippines is the protector of the people and theState. Its goal is to secure the sovereignty of theState and the integrity of the national territory.
Section 4. The prime duty of the Government is toserve and protect the people. The Government maycall upon the people to defend the State and, inthe fulfillment thereof, all citizens may berequired, under conditions provided by law, torender personal, military or civil service.
Section 5. The maintenance of peace and order, theprotection of life, liberty, and property, andpromotion of the general welfare are essential forthe enjoyment by all the people of the blessings ofdemocracy.
Section 6. The separation of Church and State shallbe inviolable.
STATE POLICIES
Section 7. The State shall pursue an independentforeign policy. In its relations with other states,the paramount consideration shall be nationalsovereignty, territorial integrity, nationalinterest, and the right to self-determination.
Section 8. The Philippines, consistent with thenational interest, adopts and pursues a policy offreedom from nuclear weapons in its territory.
Section 9. The State shall promote a just anddynamic social order that will ensure theprosperity and independence of the nation and freethe people from poverty through policies thatprovide adequate social services, promote fullemployment, a rising standard of living, and animproved quality of life for all.
Section 10. The State shall promote social justicein all phases of national development.
Section 11. The State values the dignity of everyhuman person and guarantees full respect for humanrights.
Section 12. The State recognizes the sanctity offamily life and shall protect and strengthen thefamily as a basic autonomous social institution. Itshall equally protect the life of the mother andthe life of the unborn from conception. The naturaland primary right and duty of parents in therearing of the youth for civic efficiency and thedevelopment of moral character shall receive thesupport of the Government.
Section 13. The State recognizes the vital role ofthe youth in nation-building and shall promote andprotect their physical, moral, spiritual,intellectual, and social well-being. It shallinculcate in the youth patriotism and nationalism,and encourage their involvement in public and civicaffairs.
Section 14. The State recognizes the role of womenin nation-building, and shall ensure thefundamental equality before the law of women andmen.
Section 15. The State shall protect and promote theright to health of the people and instill healthconsciousness among them.
Section 16. The State shall protect and advance theright of the people to a balanced and healthfulecology in accord with the rhythm and harmony ofnature.
Section 17. The State shall give priority toeducation, science and technology, arts, culture,and sports to foster patriotism and nationalism,accelerate social progress, and promote total humanliberation and development.
Section 18. The State affirms labor as a primarysocial economic force. It shall protect the rightsof workers and promote their welfare.
Section 19. The State shall develop a self-reliantand independent national economy effectivelycontrolled by Filipinos.
Section 20. The State recognizes the indispensablerole of the private sector, encourages privateenterprise, and provides incentives to neededinvestments.
Section 21. The State shall promote comprehensiverural development and agrarian reform.
Section 22. The State recognizes and promotes therights of indigenous cultural communities withinthe framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or sectoralorganizations that promote the welfare of thenation.
Section 24. The State recognizes the vital role ofcommunication and information in nation-building.
Section 25. The State shall ensure the autonomy oflocal governments.
Section 26. The State shall guarantee equal accessto opportunities for public service and prohibitpolitical dynasties as may be defined by law.
Section 27. The State shall maintain honesty andintegrity in the public service and take positiveand effective measures against graft andcorruption.
Section 28. Subject to reasonable conditionsprescribed by law, the State adopts and implementsa policy of full public disclosure of all itstransactions involving public interest.
ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of life,liberty, or property without due process of law,
nor shall any person be denied the equal protectionof the laws.
Section 2. The right of the people to be secure intheir persons, houses, papers, and effects againstunreasonable searches and seizures of whatevernature and for any purpose shall be inviolable, andno search warrant or warrant of arrest shall issueexcept upon probable cause to be determinedpersonally by the judge after examination underoath or affirmation of the complainant and thewitnesses he may produce, and particularlydescribing the place to be searched and the personsor things to be seized.
Section 3. The privacy of communication andcorrespondence shall be inviolable except uponlawful order of the court, or when public safety ororder requires otherwise, as prescribed by law.
Any evidence obtained in violation of this orthe preceding section shall be inadmissible for anypurpose in any proceeding.
Section 4. No law shall be passed abridging thefreedom of speech, of expression, or of the press,or the right of the people peaceably to assembleand petition the government for redress ofgrievances.
Section 5. No law shall be made respecting anestablishment of religion, or prohibiting the freeexercise thereof. The free exercise and enjoymentof religious profession and worship, withoutdiscrimination or preference, shall forever beallowed. No religious test shall be required forthe exercise of civil or political rights.
Section 6. The liberty of abode and of changing thesame within the limits prescribed by law shall notbe impaired except upon lawful order of the court.Neither shall the right to travel be impairedexcept in the interest of national security, publicsafety, or public health, as may be provided bylaw.
Section 7. The right of the people to informationon matters of public concern shall be recognized.Access to official records, and to documents andpapers pertaining to official acts, transactions,or decisions, as well as to government researchdata used as basis for policy development, shall beafforded the citizen, subject to such limitationsas may be provided by law.
Section 8. The right of the people, including thoseemployed in the public and private sectors, to formunions, associations, or societies for purposes notcontrary to law shall not be abridged.
Section 9. Private property shall not be taken forpublic use without just compensation.
Section 10. No law impairing the obligation ofcontracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shallnot be denied to any person by reason of poverty.
Section 12. Any person under investigation for thecommission of an offense shall have the right to beinformed of his right to remain silent and to havecompetent and independent counsel preferably of hisown choice. If the person cannot afford theservices of counsel, he must be provided with one.These rights cannot be waived except in writing andin the presence of counsel.
No torture, force, violence, threat,intimidation, or any other means which vitiate thefree will shall be used against him. Secretdetention places, solitary, incommunicado, or othersimilar forms of detention are prohibited.
Any confession or admission obtained inviolation of this or Section 17 hereof shall beinadmissible in evidence against him.
The law shall provide for penal and civilsanctions for violations of this Section as well as
compensation to the rehabilitation of victims oftorture or similar practices, and their families.
Section 13. All persons, except those charged withoffenses punishable by reclusion perpetua whenevidence of guilt is strong, shall, beforeconviction, be bailable by sufficient sureties, orbe released on recognizance as may be provided bylaw. The right to bail shall not be impaired evenwhen the privilege of the writ of habeas corpus issuspended. Excessive bail shall not be required.
Section 14.No person shall be held to answer for acriminal offense without due process of law.
In all criminal prosecutions, the accused shallbe presumed innocent until the contrary is proved,and shall enjoy the right to be heard by himselfand counsel, to be informed of the nature and causeof the accusation against him, to have a speedy,impartial, and public trial, to meet the witnessesface to face, and to have compulsory process tosecure the attendance of witnesses and theproduction of evidence in his behalf. However,after arraignment, trial may proceednotwithstanding the absence of the accused:Provided, that he has been duly notified and hisfailure to appear is unjustifiable.
Section 15. The privilege of the writ of habeascorpus shall not be suspended except in cases of
invasion or rebellion, when the public safetyrequires it.
Section 16. All persons shall have the right to aspeedy disposition of their cases before alljudicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be awitness against himself.
Section 18.No person shall be detained solely byreason of his political beliefs and aspirations.
No involuntary servitude in any form shallexist except as a punishment for a crime whereofthe party shall have been duly convicted.
Section 19.Excessive fines shall not be imposed,nor cruel, degrading or inhuman punishmentinflicted. Neither shall death penalty be imposed,unless, for compelling reasons involving heinouscrimes, the Congress hereafter provides for it. Anydeath penalty already imposed shall be reduced toreclusion perpetua.
The employment of physical, psychological, ordegrading punishment against any prisoner ordetainee or the use of substandard or inadequatepenal facilities under subhuman conditions shall bedealt with by law.
Section 20. No person shall be imprisoned for debtor non-payment of a poll tax.
Section 21. No person shall be twice put injeopardy of punishment for the same offense. If anact is punished by a law and an ordinance,conviction or acquittal under either shallconstitute a bar to another prosecution for thesame act.
Section 22. No ex post facto law or bill ofattainder shall be enacted.
ARTICLE IV
CITIZENSHIP
Section 1. The following are citizens of thePhilippines:
Those who are citizens of the Philippines atthe time of the adoption of this Constitution;
Those whose fathers or mothers are citizens ofthe Philippines;
Those born before January 17, 1973, of Filipinomothers, who elect Philippine Citizenship uponreaching the age of majority; and
Those who are naturalized in the accordancewith law.
Section 2. Natural-born citizens are those who arecitizens of the Philippines from birth withouthaving to perform any act to acquire or perfecttheir Philippine citizenship. Those who electPhilippine citizenship in accordance with paragraph(3), Section 1 hereof shall be deemed natural-borncitizens.
Section 3. Philippine citizenship may be lost orreacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marryaliens shall retain their citizenship, unless bytheir act or omission they are deemed, under thelaw to have renounced it.
Section 5. Dual allegiance of citizens is inimicalto the national interest and shall be dealt with bylaw.
ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by allcitizens of the Philippines, not otherwisedisqualified by law, who are at least eighteenyears of age, and who shall have resided in thePhilippines for at least one year and in the placewherein they propose to vote, for at least sixmonths immediately preceding the election. Noliteracy, property, or other substantive
requirement shall be imposed on the exercise ofsuffrage.
Section 2. The Congress shall provide a system forsecuring the secrecy and sanctity of the ballot aswell as a system for absentee voting by qualifiedFilipinos abroad.
The Congress shall also design a procedure for thedisabled and the illiterates to vote without theassistance of other persons. Until then, they shallbe allowed to vote under existing laws and suchrules as the Commission on Elections may promulgateto protect the secrecy of the ballot.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested inthe Congress of the Philippines which shall consistof a Senate and a House of Representatives, exceptto the extent reserved to the people by theprovision on initiative and referendum.
Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by thequalified voters of the Philippines, as may beprovided by law.
Section 3. No person shall be a Senator unless heis a natural-born citizen of the Philippines and,
on the day of the election, is at least thirty-fiveyears of age, able to read and write, a registeredvoter, and a resident of the Philippines for notless than two years immediately preceding the dayof the election.
Section 4. The term of office of the Senators shallbe six years and shall commence, unless otherwiseprovided by law, at noon on the thirtieth day ofJune next following their election. No Senatorshall serve for more than two consecutive terms.Voluntary renunciation of the office for any lengthof time shall not be considered as an interruptionin the continuity of his service for the full termof which he was elected.
Section 5. The House of Representatives shall becomposed of not more than two hundred and fiftymembers, unless otherwise fixed by law, who shallbe elected from legislative districts apportionedamong the provinces, cities, and the MetropolitanManila area in accordance with the number of theirrespective inhabitants, and on the basis of auniform and progressive ratio, and those who, asprovided by law, shall be elected through a party-list system of registered national, regional, andsectoral parties or organizations.
The party-list representatives shall constitutetwenty per centum of the total number ofrepresentatives including those under the party
list. For three consecutive terms after theratification of this Constitution, one-half of theseats allocated to party-list representatives shallbe filled, as provided by law, by selection orelection from the labor, peasant, urban poor,indigenous cultural communities, women, youth, andsuch other sectors as may be provided by law,except the religious sector.
Each legislative district shall comprise, asfar as practicable, contiguous, compact, andadjacent territory. Each city with a population ofat least two hundred fifty thousand, or eachprovince, shall have at least one representative.
Within three years following the return ofevery census, the Congress shall make areapportionment of legislative districts based onthe standards provided in this section.
Section 6. No person shall be a Member of the Houseof Representatives unless he is a natural-borncitizen of the Philippines and, on the day of theelection, is at least twenty-five years of age,able to read and write, and, except the party-listrepresentatives, a registered voter in the districtin which he shall be elected, and a residentthereof for a period of not less than one yearimmediately preceding the day of the election.
Section 7. The Members of the House ofRepresentatives shall be elected for a term ofthree years which shall begin, unless otherwiseprovided by law, at noon on the thirtieth day ofJune next following their election. No Member ofthe House of Representatives shall serve for morethan three consecutive terms. Voluntaryrenunciation of the office for any length of timeshall not be considered as an interruption in thecontinuity of his service for the full term forwhich he was elected.
Section 8. Unless otherwise provided by law, theregular election of the Senators and the Members ofthe House of Representatives shall be held on thesecond Monday of May.
Section 9. In case of vacancy in the Senate or inthe House of Representatives, a special electionmay be called to fill such vacancy in the mannerprescribed by law, but the Senator or Member of theHouse of Representatives thus elected shall serveonly for the unexpired term.
Section 10. The salaries of Senators and Members ofthe House of Representatives shall be determined bylaw. No increase in said compensation shall takeeffect until after the expiration of the full termof all the Members of the Senate and the House ofRepresentatives approving such increase.
Section 11. A Senator or Member of the House ofRepresentatives shall, in all offenses punishableby not more than six years imprisonment, beprivileged from arrest while the Congress is insession. No Member shall be questioned nor be heldliable in any other place for any speech or debatein the Congress or in any committee thereof.
Section 12. All Members of the Senate and the Houseof Representatives shall, upon assumption ofoffice, make a full disclosure of their financialand business interests. They shall notify the Houseconcerned of a potential conflict of interest thatmay arise from the filing of a proposed legislationof which they are authors.
Section 13. No Senator or Member of the House ofRepresentatives may hold any other office oremployment in the Government, or any subdivision,agency, or instrumentality thereof, includinggovernment-owned or controlled corporations ortheir subsidiaries, during his term withoutforfeiting his seat. Neither shall he be appointedto any office which may have been created or theemoluments thereof increased during the term forwhich he was elected.
Section 14. No Senator or Member of the House ofRepresentatives may personally appear as counselbefore any court of justice or before the ElectoralTribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directlyor indirectly, be interested financially in anycontract with, or in any franchise or specialprivilege granted by the Government, or anysubdivision, agency, or instrumentality thereof,including any government-owned or controlledcorporation, or its subsidiary, during his term ofoffice. He shall not intervene in any matter beforeany office of the Government for his pecuniarybenefit or where he may be called upon to act onaccount of his office.
Section 15. The Congress shall convene once everyyear on the fourth Monday of July for its regularsession, unless a different date is fixed by law,and shall continue to be in session for such numberof days as it may determine until thirty daysbefore the opening of its next regular session,exclusive of Saturdays, Sundays, and legalholidays. The President may call a special sessionat any time.
Section 16. The Senate shall elect its Presidentand the House of Representatives, its Speaker, by amajority vote of all its respective Members. EachHouse shall choose such other officers as it maydeem necessary.
A majority of each House shall constitute aquorum to do business, but a smaller number mayadjourn from day to day and may compel the
attendance of absent Members in such manner, andunder such penalties, as such House may provide.
Each House may determine the rules of itsproceedings, punish its Members for disorderlybehavior, and, with the concurrence of two-thirdsof all its Members, suspend or expel a Member. Apenalty of suspension, when imposed, shall notexceed sixty days.
Each House shall keep a Journal of itsproceedings, and from time to time publish thesame, excepting such parts as may, in its judgment,affect national security; and the yeas and nays onany question shall, at the request of one-fifth ofthe Members present, be entered in the Journal.Each House shall also keep a Record of itsproceedings.
Neither House during the sessions of theCongress shall, without the consent of the other,adjourn for more than three days, nor to any otherplace than that in which the two Houses shall besitting.
Section 17. The Senate and the House ofRepresentatives shall each have an ElectoralTribunal which shall be the sole judge of allcontests relating to the election, returns, andqualifications of their respective Members. EachElectoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of theSupreme Court to be designated by the ChiefJustice, and the remaining six shall be Members ofthe Senate or the House of Representatives, as thecase may be, who shall be chosen on the basis ofproportional representation from the politicalparties and the parties or organizations registeredunder the party-list system represented therein.The senior Justice in the Electoral Tribunal shallbe its Chairman.
Section 18. There shall be a Commission onAppointments consisting of the President of theSenate, as ex officio Chairman, twelve Senators,and twelve Members of the House of Representatives,elected by each House on the basis of proportionalrepresentation from the political parties andparties or organizations registered under theparty-list system represented therein. The chairmanof the Commission shall not vote, except in case ofa tie. The Commission shall act on all appointmentssubmitted to it within thirty session days of theCongress from their submission. The Commissionshall rule by a majority vote of all the Members.
Section 19. The Electoral Tribunals and theCommission on Appointments shall be constitutedwithin thirty days after the Senate and the Houseof Representatives shall have been organized withthe election of the President and the Speaker. The
Commission on Appointments shall meet only whilethe Congress is in session, at the call of itsChairman or a majority of all its Members, todischarge such powers and functions as are hereinconferred upon it.
Section 20. The records and books of accounts ofthe Congress shall be preserved and be open to thepublic in accordance with law, and such books shallbe audited by the Commission on Audit which shallpublish annually an itemized list of amounts paidto and expenses for each Member.
Section 21. The Senate or the House ofRepresentatives or any of its respective committeesmay conduct inquiries in aid of legislation inaccordance with its duly published rules ofprocedure. The rights of persons appearing in, oraffected by, such inquiries shall be respected.
Section 22. The heads of departments may, upontheir own initiative, with the consent of thePresident, or upon the request of either House, asthe rules of each House shall provide, appearbefore and be heard by such House on any matterpertaining to their departments. Written questionsshall be submitted to the President of the Senateor the Speaker of the House of Representatives atleast three days before their scheduled appearance.Interpellations shall not be limited to writtenquestions, but may cover matters related thereto.
When the security of the State or the publicinterest so requires and the President so states inwriting, the appearance shall be conducted inexecutive session.
Section 23. The Congress, by a vote of two-thirdsof both Houses in joint session assembled, votingseparately, shall have the sole power to declarethe existence of a state of war.
In times of war or other national emergency,the Congress may, by law, authorize the President,for a limited period and subject to suchrestrictions as it may prescribe, to exercisepowers necessary and proper to carry out a declarednational policy. Unless sooner withdrawn byresolution of the Congress, such powers shall ceaseupon the next adjournment thereof.
Section 24. All appropriation, revenue or tariffbills, bills authorizing increase of the publicdebt, bills of local application, and privatebills, shall originate exclusively in the House ofRepresentatives, but the Senate may propose orconcur with amendments.
Section 25. The Congress may not increase theappropriations recommended by the President for theoperation of the Government as specified in thebudget. The form, content, and manner of
preparation of the budget shall be prescribed bylaw.
No provision or enactment shall be embraced inthe general appropriations bill unless it relatesspecifically to some particular appropriationtherein. Any such provision or enactment shall belimited in its operation to the appropriation towhich it relates.
The procedure in approving appropriations forthe Congress shall strictly follow the procedurefor approving appropriations for other departmentsand agencies.
A special appropriations bill shall specify thepurpose for which it is intended, and shall besupported by funds actually available as certifiedby the National Treasurer, or to be raised by acorresponding revenue proposal therein.
No law shall be passed authorizing any transferof appropriations; however, the President, thePresident of the Senate, the Speaker of the Houseof Representatives, the Chief Justice of theSupreme Court, and the heads of ConstitutionalCommissions may, by law, be authorized to augmentany item in the general appropriations law fortheir respective offices from savings in otheritems of their respective appropriations.
Discretionary funds appropriated for particularofficials shall be disbursed only for publicpurposes to be supported by appropriate vouchersand subject to such guidelines as may be prescribedby law.
If, by the end of any fiscal year, the Congressshall have failed to pass the generalappropriations bill for the ensuing fiscal year,the general appropriations law for the precedingfiscal year shall be deemed re-enacted and shallremain in force and effect until the generalappropriations bill is passed by the Congress.
Section 26. Every bill passed by the Congress shallembrace only one subject which shall be expressedin the title thereof.
No bill passed by either House shall become alaw unless it has passed three readings on separatedays, and printed copies thereof in its final formhave been distributed to its Members three daysbefore its passage, except when the Presidentcertifies to the necessity of its immediateenactment to meet a public calamity or emergency.Upon the last reading of a bill, no amendmentthereto shall be allowed, and the vote thereonshall be taken immediately thereafter, and the yeasand nays entered in the Journal.
Section 27. Every bill passed by the Congressshall, before it becomes a law, be presented to thePresident. If he approves the same he shall signit; otherwise, he shall veto it and return the samewith his objections to the House where itoriginated, which shall enter the objections atlarge in its Journal and proceed to reconsider it.If, after such reconsideration, two-thirds of allthe Members of such House shall agree to pass thebill, it shall be sent, together with theobjections, to the other House by which it shalllikewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shallbecome a law. In all such cases, the votes of eachHouse shall be determined by yeas or nays, and thenames of the Members voting for or against shall beentered in its Journal. The President shallcommunicate his veto of any bill to the House whereit originated within thirty days after the date ofreceipt thereof, otherwise, it shall become a lawas if he had signed it.
The President shall have the power to veto anyparticular item or items in an appropriation,revenue, or tariff bill, but the veto shall notaffect the item or items to which he does notobject.
Section 28. The rule of taxation shall be uniformand equitable. The Congress shall evolve aprogressive system of taxation.
The Congress may, by law, authorize thePresident to fix within specified limits, andsubject to such limitations and restrictions as itmay impose, tariff rates, import and export quotas,tonnage and wharfage dues, and other duties orimposts within the framework of the nationaldevelopment program of the Government.
Charitable institutions, churches andpersonages or convents appurtenant thereto,mosques, non-profit cemeteries, and all lands,buildings, and improvements, actually, directly,and exclusively used for religious, charitable, oreducational purposes shall be exempt from taxation.
No law granting any tax exemption shall bepassed without the concurrence of a majority of allthe Members of the Congress.
Section 29. No money shall be paid out of theTreasury except in pursuance of an appropriationmade by law.
No public money or property shall beappropriated, applied, paid, or employed, directlyor indirectly, for the use, benefit, or support ofany sect, church, denomination, sectarian
institution, or system of religion, or of anypriest, preacher, minister, other religiousteacher, or dignitary as such, except when suchpriest, preacher, minister, or dignitary isassigned to the armed forces, or to any penalinstitution, or government orphanage orleprosarium.
All money collected on any tax levied for aspecial purpose shall be treated as a special fundand paid out for such purpose only. If the purposefor which a special fund was created has beenfulfilled or abandoned, the balance, if any, shallbe transferred to the general funds of theGovernment.
Section 30. No law shall be passed increasing theappellate jurisdiction of the Supreme Court asprovided in this Constitution without its adviceand concurrence.
Section 31. No law granting a title of royalty ornobility shall be enacted.
Section 32. The Congress shall, as early aspossible, provide for a system of initiative andreferendum, and the exceptions therefrom, wherebythe people can directly propose and enact laws orapprove or reject any act or law or part thereofpassed by the Congress or local legislative bodyafter the registration of a petition therefor
signed by at least ten per centum of the totalnumber of registered voters, of which everylegislative district must be represented by atleast three per centum of the registered votersthereof.
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested inthe President of the Philippines.
Section 2. No person may be elected Presidentunless he is a natural-born citizen of thePhilippines, a registered voter, able to read andwrite, at least forty years of age on the day ofthe election, and a resident of the Philippines forat least ten years immediately preceding suchelection.
Section 3. There shall be a Vice-President whoshall have the same qualifications and term ofoffice and be elected with, and in the same manner,as the President. He may be removed from office inthe same manner as the President.
The Vice-President may be appointed as a Member ofthe Cabinet. Such appointment requires noconfirmation.
Section 4. The President and the Vice-Presidentshall be elected by direct vote of the people for aterm of six years which shall begin at noon on thethirtieth day of June next following the day of theelection and shall end at noon of the same date,six years thereafter. The President shall not beeligible for any re-election. No person who hassucceeded as President and has served as such formore than four years shall be qualified forelection to the same office at any time.
No Vice-President shall serve for more than twosuccessive terms. Voluntary renunciation of theoffice for any length of time shall not beconsidered as an interruption in the continuity ofthe service for the full term for which he waselected.
Unless otherwise provided by law, the regularelection for President and Vice-President shall beheld on the second Monday of May.
The returns of every election for President andVice-President, duly certified by the board ofcanvassers of each province or city, shall betransmitted to the Congress, directed to thePresident of the Senate. Upon receipt of thecertificates of canvass, the President of theSenate shall, not later than thirty days after theday of the election, open all the certificates inthe presence of the Senate and the House of
Representatives in joint public session, and theCongress, upon determination of the authenticityand due execution thereof in the manner provided bylaw, canvass the votes.
The person having the highest number of votes shallbe proclaimed elected, but in case two or moreshall have an equal and highest number of votes,one of them shall forthwith be chosen by the voteof a majority of all the Members of both Houses ofthe Congress, voting separately.
The Congress shall promulgate its rules for thecanvassing of the certificates.
The Supreme Court, sitting en banc, shall be thesole judge of all contests relating to theelection, returns, and qualifications of thePresident or Vice-President, and may promulgate itsrules for the purpose.
Section 5. Before they enter on the execution oftheir office, the President, the Vice-President, orthe Acting President shall take the following oathor affirmation:
"I do solemnly swear (or affirm) that I willfaithfully and conscientiously fulfill my duties asPresident (or Vice-President or Acting President)of the Philippines, preserve and defend itsConstitution, execute its laws, do justice to every
man, and consecrate myself to the service of theNation. So help me God." (In case of affirmation,last sentence will be omitted.)
Section 6. The President shall have an officialresidence. The salaries of the President and Vice-President shall be determined by law and shall notbe decreased during their tenure. No increase insaid compensation shall take effect until after theexpiration of the term of the incumbent duringwhich such increase was approved. They shall notreceive during their tenure any other emolumentfrom the Government or any other source.
Section 7. The President-elect and the VicePresident-elect shall assume office at thebeginning of their terms.
If the President-elect fails to qualify, the VicePresident-elect shall act as President until thePresident-elect shall have qualified.
If a President shall not have been chosen, the VicePresident-elect shall act as President until aPresident shall have been chosen and qualified.
If at the beginning of the term of the President,the President-elect shall have died or shall havebecome permanently disabled, the Vice President-elect shall become President.
Where no President and Vice-President shall havebeen chosen or shall have qualified, or where bothshall have died or become permanently disabled, thePresident of the Senate or, in case of hisinability, the Speaker of the House ofRepresentatives, shall act as President until aPresident or a Vice-President shall have beenchosen and qualified.
The Congress shall, by law, provide for the mannerin which one who is to act as President shall beselected until a President or a Vice-Presidentshall have qualified, in case of death, permanentdisability, or inability of the officials mentionedin the next preceding paragraph.
Section 8. In case of death, permanent disability,removal from office, or resignation of thePresident, the Vice-President shall become thePresident to serve the unexpired term. In case ofdeath, permanent disability, removal from office,or resignation of both the President and Vice-President, the President of the Senate or, in caseof his inability, the Speaker of the House ofRepresentatives, shall then act as President untilthe President or Vice-President shall have beenelected and qualified.
The Congress shall, by law, provide who shall serveas President in case of death, permanentdisability, 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 powersand disqualifications as the Acting President.
Section 9. Whenever there is a vacancy in theOffice of the Vice-President during the term forwhich he was elected, the President shall nominatea Vice-President from among the Members of theSenate and the House of Representatives who shallassume office upon confirmation by a majority voteof all the Members of both Houses of the Congress,voting separately.
Section 10. The Congress shall, at ten o'clock inthe morning of the third day after the vacancy inthe offices of the President and Vice-Presidentoccurs, convene in accordance with its ruleswithout need of a call and within seven days, enacta law calling for a special election to elect aPresident and a Vice-President to be held notearlier than forty-five days nor later than sixtydays from the time of such call. The bill callingsuch special election shall be deemed certifiedunder paragraph 2, Section 26, Article V1 of thisConstitution and shall become law upon its approvalon third reading by the Congress. Appropriationsfor the special election shall be charged againstany current appropriations and shall be exempt fromthe requirements of paragraph 4, Section 25,
Article V1 of this Constitution. The convening ofthe Congress cannot be suspended nor the specialelection postponed. No special election shall becalled if the vacancy occurs within eighteen monthsbefore the date of the next presidential election.
Section 11. Whenever the President transmits to thePresident of the Senate and the Speaker of theHouse of Representatives his written declarationthat he is unable to discharge the powers andduties of his office, and until he transmits tothem a written declaration to the contrary, suchpowers and duties shall be discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of theCabinet transmit to the President of the Senate andto the Speaker of the House of Representativestheir written declaration that the President isunable to discharge the powers and duties of hisoffice, the Vice-President shall immediately assumethe powers and duties of the office as ActingPresident.
Thereafter, when the President transmits to thePresident of the Senate and to the Speaker of theHouse of Representatives his written declarationthat no inability exists, he shall reassume thepowers and duties of his office. Meanwhile, shoulda majority of all the Members of the Cabinettransmit within five days to the President of the
Senate and to the Speaker of the House ofRepresentatives, their written declaration that thePresident is unable to discharge the powers andduties of his office, the Congress shall decide theissue. For that purpose, the Congress shallconvene, if it is not in session, within forty-eight hours, in accordance with its rules andwithout need of call.
If the Congress, within ten days after receipt ofthe last written declaration, or, if not insession, within twelve days after it is required toassemble, determines by a two-thirds vote of bothHouses, voting separately, that the President isunable to discharge the powers and duties of hisoffice, the Vice-President shall act as President;otherwise, the President shall continue exercisingthe powers and duties of his office.
Section 12. In case of serious illness of thePresident, the public shall be informed of thestate of his health. The members of the Cabinet incharge of national security and foreign relationsand the Chief of Staff of the Armed Forces of thePhilippines, shall not be denied access to thePresident during such illness.
Section 13. The President, Vice-President, theMembers of the Cabinet, and their deputies orassistants shall not, unless otherwise provided inthis 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 anybusiness, or be financially interested in anycontract with, or in any franchise, or specialprivilege granted by the Government or anysubdivision, agency, or instrumentality thereof,including government-owned or controlledcorporations or their subsidiaries. They shallstrictly avoid conflict of interest in the conductof their office.
The spouse and relatives by consanguinity oraffinity within the fourth civil degree of thePresident shall not, during his tenure, beappointed as Members of the ConstitutionalCommissions, or the Office of the Ombudsman, or asSecretaries, Undersecretaries, chairmen or heads ofbureaus or offices, including government-owned orcontrolled corporations and their subsidiaries.
Section 14. Appointments extended by an ActingPresident shall remain effective, unless revoked bythe elected President, within ninety days from hisassumption or reassumption of office.
Section 15. Two months immediately before the nextpresidential elections and up to the end of histerm, a President or Acting President shall notmake appointments, except temporary appointments toexecutive positions when continued vacancies
therein will prejudice public service or endangerpublic safety.
Section 16. The President shall nominate and, withthe consent of the Commission on Appointments,appoint the heads of the executive departments,ambassadors, other public ministers and consuls, orofficers of the armed forces from the rank ofcolonel or naval captain, and other officers whoseappointments are vested in him in thisConstitution. He shall also appoint all otherofficers of the Government whose appointments arenot otherwise provided for by law, and those whomhe may be authorized by law to appoint. TheCongress may, by law, vest the appointment of otherofficers lower in rank in the President alone, inthe courts, or in the heads of departments,agencies, commissions, or boards.
The President shall have the power to makeappointments during the recess of the Congress,whether voluntary or compulsory, but suchappointments shall be effective only untildisapproved by the Commission on Appointments oruntil the next adjournment of the Congress.
Section 17. The President shall have control of allthe executive departments, bureaus, and offices. Heshall ensure that the laws be faithfully executed.
Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines andwhenever it becomes necessary, he may call out sucharmed forces to prevent or suppress lawlessviolence, invasion or rebellion. In case ofinvasion or rebellion, when the public safetyrequires it, he may, for a period not exceedingsixty days, suspend the privilege of the writ ofhabeas corpus or place the Philippines or any partthereof under martial law. Within forty-eight hoursfrom the proclamation of martial law or thesuspension of the privilege of the writ of habeascorpus, the President shall submit a report inperson or in writing to the Congress. The Congress,voting jointly, by a vote of at least a majority ofall its Members in regular or special session, mayrevoke such proclamation or suspension, whichrevocation shall not be set aside by the President.Upon the initiative of the President, the Congressmay, in the same manner, extend such proclamationor suspension for a period to be determined by theCongress, if the invasion or rebellion shallpersist and public safety requires it.
The Congress, if not in session, shall, withintwenty-four hours following such proclamation orsuspension, convene in accordance with its ruleswithout need of a call.
The Supreme Court may review, in an appropriateproceeding filed by any citizen, the sufficiency ofthe factual basis of the proclamation of martiallaw or the suspension of the privilege of the writor the extension thereof, and must promulgate itsdecision thereon within thirty days from itsfiling.
A state of martial law does not suspend theoperation of the Constitution, nor supplant thefunctioning of the civil courts or legislativeassemblies, nor authorize the conferment ofjurisdiction on military courts and agencies overcivilians where civil courts are able to function,nor automatically suspend the privilege of thewrit.
The suspension of the privilege of the writ shallapply only to persons judicially charged forrebellion or offenses inherent in or directlyconnected with invasion.
During the suspension of the privilege of the writ,any person thus arrested or detained shall bejudicially charged within three days, otherwise heshall be released.
Section 19. Except in cases of impeachment, or asotherwise provided in this Constitution, thePresident may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, afterconviction by final judgment.
He shall also have the power to grant amnesty withthe concurrence of a majority of all the Members ofthe Congress.
Section 20. The President may contract or guaranteeforeign loans on behalf of the Republic of thePhilippines with the prior concurrence of theMonetary Board, and subject to such limitations asmay be provided by law. The Monetary Board shall,within thirty days from the end of every quarter ofthe calendar year, submit to the Congress acomplete report of its decision on applications forloans to be contracted or guaranteed by theGovernment or government-owned and controlledcorporations which would have the effect ofincreasing the foreign debt, and containing othermatters as may be provided by law.
Section 21. No treaty or international agreementshall be valid and effective unless concurred in byat least two-thirds of all the Members of theSenate.
Section 22. The President shall submit to theCongress, within thirty days from the opening ofevery regular session as the basis of the generalappropriations bill, a budget of expenditures and
sources of financing, including receipts fromexisting and proposed revenue measures.
Section 23. The President shall address theCongress at the opening of its regular session. Hemay also appear before it at any other time.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested inone Supreme Court and in such lower courts as maybe established by law.
Judicial power includes the duty of the courts ofjustice to settle actual controversies involvingrights which are legally demandable andenforceable, and to determine whether or not therehas been a grave abuse of discretion amounting tolack or excess of jurisdiction on the part of anybranch or instrumentality of the Government.
Section 2. The Congress shall have the power todefine, prescribe, and apportion the jurisdictionof the various courts but may not deprive theSupreme Court of its jurisdiction over casesenumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciarywhen it undermines the security of tenure of itsMembers.
Section 3. The Judiciary shall enjoy fiscalautonomy. Appropriations for the Judiciary may notbe reduced by the legislature below the amountappropriated for the previous year and, afterapproval, shall be automatically and regularlyreleased.
Section 4. The Supreme Court shall be composed of aChief Justice and fourteen Associate Justices. Itmay sit en banc or in its discretion, in divisionof three, five, or seven Members. Any vacancy shallbe filled within ninety days from the occurrencethereof.
All cases involving the constitutionality of atreaty, international or executive agreement, orlaw, which shall be heard by the Supreme Court enbanc, and all other cases which under the Rules ofCourt are required to be heard en banc, includingthose involving the constitutionality, application,or operation of presidential decrees,proclamations, orders, instructions, ordinances,and other regulations, shall be decided with theconcurrence of a majority of the Members whoactually took part in the deliberations on theissues in the case and voted thereon.
Cases or matters heard by a division shall bedecided or resolved with the concurrence of amajority of the Members who actually took part inthe deliberations on the issues in the case and
voted thereon, and in no case without theconcurrence of at least three of such Members. Whenthe required number is not obtained, the case shallbe decided en banc: Provided, that no doctrine orprinciple of law laid down by the court in adecision rendered en banc or in division may bemodified or reversed except by the court sitting enbanc.
Section 5. The Supreme Court shall have thefollowing powers:
Exercise original jurisdiction over casesaffecting ambassadors, other public ministers andconsuls, and over petitions for certiorari,prohibition, mandamus, quo warranto, and habeascorpus.
Review, revise, reverse, modify, or affirm onappeal or certiorari, as the law or the Rules ofCourt may provide, final judgments and orders oflower courts in:
All cases in which the constitutionality orvalidity of any treaty, international or executiveagreement, law, presidential decree, proclamation,order, instruction, ordinance, or regulation is inquestion.
All cases involving the legality of anytax, impost, assessment, or toll, or any penaltyimposed in relation thereto.
All cases in which the jurisdiction of anylower court is in issue.
All criminal cases in which the penaltyimposed is reclusion perpetua or higher.
All cases in which only an error orquestion of law is involved.
Assign temporarily judges of lower courts toother stations as public interest may require. Suchtemporary assignment shall not exceed six monthswithout the consent of the judge concerned.
Order a change of venue or place of trial toavoid a miscarriage of justice.
Promulgate rules concerning the protection andenforcement of constitutional rights, pleading,practice, and procedure in all courts, theadmission to the practice of law, the integratedbar, and legal assistance to the under-privileged.Such rules shall provide a simplified andinexpensive procedure for the speedy disposition ofcases, shall be uniform for all courts of the samegrade, and shall not diminish, increase, or modifysubstantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remaineffective unless disapproved by the Supreme Court.
Appoint all officials and employees of theJudiciary in accordance with the Civil Service Law.
Section 6. The Supreme Court shall haveadministrative supervision over all courts and thepersonnel thereof.
Section 7. No person shall be appointed Member ofthe Supreme Court or any lower collegiate courtunless he is a natural-born citizen of thePhilippines. A Member of the Supreme Court must beat least forty years of age, and must have been forfifteen years or more, a judge of a lower court orengaged in the practice of law in the Philippines.
The Congress shall prescribe the qualificationsof judges of lower courts, but no person may beappointed judge thereof unless he is a citizen ofthe Philippines and a member of the Philippine Bar.
A Member of the Judiciary must be a person ofproven competence, integrity, probity, andindependence.
Section 8. A Judicial and Bar Council is herebycreated under the supervision of the Supreme Courtcomposed of the Chief Justice as ex officioChairman, the Secretary of Justice, and arepresentative of the Congress as ex officio
Members, a representative of the Integrated Bar, aprofessor of law, a retired Member of the SupremeCourt, and a representative of the private sector.
The regular members of the Council shall beappointed by the President for a term of four yearswith the consent of the Commission on Appointments.Of the Members first appointed, the representativeof the Integrated Bar shall serve for four years,the professor of law for three years, the retiredJustice for two years, and the representative ofthe private sector for one year.
The Clerk of the Supreme Court shall be theSecretary ex officio of the Council and shall keepa record of its proceedings.
The regular Members of the Council shallreceive such emoluments as may be determined by theSupreme Court. The Supreme Court shall provide inits annual budget the appropriations for theCouncil.
The Council shall have the principal functionof recommending appointees to the judiciary. It mayexercise such other functions and duties as theSupreme Court may assign to it.
Section 9. The Members of the Supreme Court andjudges of lower courts shall be appointed by thePresident from a list of at least three nominees
preferred by the Judicial and Bar Council for everyvacancy. Such appointments need no confirmation.
For the lower courts, the President shall issuedthe appointment within ninety days from thesubmission of the list.
Section 10. The salary of the Chief Justice and ofthe Associate Justices of the Supreme Court, and ofjudges of lower courts shall be fixed by law.During the continuance in office, their salaryshall not be decreased.
Section 11. The Members of the Supreme Court andjudges of the lower court shall hold office duringgood behavior until they reach the age of seventyyears or become incapacitated to discharge theduties of their office. The Supreme Court en bancshall have the power to discipline judges of lowercourts, or order their dismissal by a vote ofmajority of the Members who actually took part inthe deliberations on the issues in the case andvoted in thereon.
Section 12. The Members of the Supreme Court and ofother courts established by law shall not bedesignated to any agency performing quasi-judicialor administrative function.
Section 13. The conclusions of the Supreme Court inany case submitted to it for the decision en banc
or in division shall be reached in consultationbefore the case the case assigned to a Member forthe writing of the opinion of the Court. Acertification to this effect signed by the ChiefJustice shall be issued and a copy thereof attachedto the record of the case and served upon theparties. Any Member who took no part, or dissented,or abstained from a decision or resolution muststate the reason therefor. The same requirementsshall be observed by all lower collegiate court.
Section 14. No decision shall be rendered by anycourt without expressing therein clearly anddistinctly the facts and the law on which it isbased.
No petition for review or motion forreconsideration of a decision of the court shall berefused due course or denied without stating thelegal basis therefor.
Section 15. All cases or matters filed after theeffectivity of this Constitution must be decided orresolved within twenty-four months from date ofsubmission for the Supreme Court, and, unlessreduced by the Supreme Court, twelve months for alllower collegiate courts, and three months for allother lower courts.
A case or matter shall be deemed submitted fordecision or resolution upon the filing of the last
pleading, brief, or memorandum required by theRules of Court or by the court itself.
Upon the expiration of the correspondingperiod, a certification to this effect signed bythe Chief Justice or the presiding judge shallforthwith be issued and a copy thereof attached tothe record of the case or matter, and served uponthe parties. The certification shall state why adecision or resolution has not been rendered orissued within said period.
Despite the expiration of the applicablemandatory period, the court, without prejudice tosuch responsibility as may have been incurred inconsequence thereof, shall decide or resolve thecase or matter submitted thereto for determination,without further delay.
Section 16. The Supreme Court shall, within thirtydays from the opening of each regular session ofthe Congress, submit to the President and theCongress an annual report on the operations andactivities of the Judiciary.
ARTICLE IX
CONSTITUTIONAL COMMISSION
A. COMMON PROVISIONS
Section 1. The Constitutional Commissions, whichshall be independent, are the Civil ServiceCommission, the Commission on Elections, and theCommission on Audit.
Section 2. No member of a Constitutional Commissionshall, during his tenure, hold any other office oremployment. Neither shall he engage in the practiceof any profession or in the active management orcontrol of any business which, in any way, may beaffected by the functions of his office, nor shallhe be financially interested, directly orindirectly, in any contract with, or in anyfranchise or privilege granted by the Government,any of its subdivisions, agencies, orinstrumentalities, including government-owned orcontrolled corporations or their subsidiaries.
Section 3. The salary of the Chairman and theCommissioners shall be fixed by law and shall notbe decreased during their tenure.
Section 4. The Constitutional Commissions shallappoint their officials and employees in accordancewith law.
Section 5. The Commission shall enjoy fiscalautonomy. Their approved annual appropriationsshall be automatically and regularly released.
Section 6. Each Commission en banc may promulgateits own rules concerning pleadings and practicebefore it or before any of its offices. Such rules,however, shall not diminish, increase, or modifysubstantive rights.
Section 7. Each Commission shall decide by amajority vote of all its Members, any case ormatter brought before it within sixty days from thedate of its submission for decision or resolution.A case or matter is deemed submitted for decisionor resolution upon the filing of the last pleading,brief, or memorandum required by the rules of theCommission or by the Commission itself. Unlessotherwise provided by this Constitution or by law,any decision, order, or ruling of each Commissionmay be brought to the Supreme Court on certiorariby the aggrieved party within thirty days fromreceipt of a copy thereof.
Section 8. Each Commission shall perform such otherfunctions as may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 1. The civil service shall be administeredby the Civil Service Commission composed of aChairman and two Commissioners who shall benatural-born citizens of the Philippines and, atthe time of their appointment, at least thirty-fiveyears of age, with proven capacity for public
administration, and must not have been candidatesfor any elective position in the electionsimmediately preceding their appointment.
The Chairman and the Commissioners shall beappointed by the President with the consent of theCommission on Appointments for a term of sevenyears without reappointment. Of those firstappointed, the Chairman shall hold office for sevenyears, a Commissioner for five years, and anotherCommissioner for three years, withoutreappointment. Appointment to any vacancy shall beonly for the unexpired term of the predecessor. Inno case shall any Member be appointed or designatedin a temporary or acting capacity.
Section 2. The civil service embraces all branches,subdivisions, instrumentalities, and agencies ofthe Government, including government-owned orcontrolled corporations with original charters.
Appointments in the civil service shall be madeonly according to merit and fitness to bedetermined, as far as practicable, and, except topositions which are policy-determining, primarilyconfidential, or highly technical, by competitiveexamination.
No officer or employee of the civil serviceshall be removed or suspended except for causeprovided by law.
No officer or employee in the civil serviceshall engage, directly or indirectly, in anyelectioneering or partisan political campaign.
The right to self-organization shall not bedenied to government employees.
Temporary employees of the Government shall begiven such protection as may be provided by law.
Section 3. The Civil Service Commission, as thecentral personnel agency of the Government, shallestablish a career service and adopt measures topromote morale, efficiency, integrity,responsiveness, progressiveness, and courtesy inthe civil service. It shall strengthen the meritand rewards system, integrate all human resourcesdevelopment programs for all levels and ranks, andinstitutionalize a management climate conducive topublic accountability. It shall submit to thePresident and the Congress an annual report on itspersonnel programs.
Section 4. All public officers and employees shalltake an oath or affirmation to uphold and defendthis Constitution.
Section 5. The Congress shall provide for thestandardization of compensation of governmentofficials and employees, including those ingovernment-owned or controlled corporations with
original charters, taking into account the natureof the responsibilities pertaining to, and thequalifications required for, their positions.
Section 6. No candidate who has lost in anyelection, shall within one year after suchelection, be appointed to any office in theGovernment or any Government-owned or controlledcorporations or in any of their subsidiaries.
Section 7. No elective official shall be eligiblefor appointment or designation in any capacity toany public office or position during his tenure.
Unless otherwise allowed by law or by the primaryfunctions of his position, no appointive officialshall hold any other office or employment in theGovernment or any subdivision, agency orinstrumentality thereof, including Government-ownedor controlled corporations or their subsidiaries.
Section 8. No elective or appointive public officeror employee shall receive additional, double, orindirect compensation, unless specificallyauthorized by law, nor accept without the consentof the Congress, any present, emolument, office, ortitle of any kind from any foreign government.
Pensions or gratuities shall not be considered asadditional, double, or indirect compensation.
C. THE COMMISSION ON ELECTIONS
Section 1. There shall be a Commission on Electionscomposed of a Chairman and six Commissioners whoshall be natural-born citizens of the Philippinesand, at the time of their appointment, at leastthirty-five years of age, holders of a collegedegree, and must not have been candidates for anyelective positions in the immediately precedingelections. However, a majority thereof, includingthe Chairman, shall be members of the PhilippineBar who have been engaged in the practice of lawfor at least ten years.
The Chairman and the Commissioners shall beappointed by the President with the consent of theCommission on Appointments for a term of sevenyears without reappointment. Of those firstappointed, three Members shall hold office forseven years, two Members for five years, and thelast Members for three years, withoutreappointment. Appointment to any vacancy shall beonly for the unexpired term of the predecessor. Inno case shall any Member be appointed or designatedin a temporary or acting capacity.
Section 2. The Commission on Elections shallexercise the following powers and functions:
Enforce and administer all laws and regulationsrelative to the conduct of an election, plebiscite,initiative, referendum, and recall.
Exercise exclusive original jurisdiction overall contests relating to the elections, returns,and qualifications of all elective regional,provincial, and city officials, and appellatejurisdiction over all contests involving electivemunicipal officials decided by trial courts ofgeneral jurisdiction, or involving electivebarangay officials decided by trial courts oflimited jurisdiction.
Decisions, final orders, or rulings of theCommission on election contests involving electivemunicipal and barangay offices shall be final,executory, and not appealable.
Decide, except those involving the right tovote, all questions affecting elections, includingdetermination of the number and location of pollingplaces, appointment of election officials andinspectors, and registration of voters.
Deputize, with the concurrence of thePresident, law enforcement agencies andinstrumentalities of the Government, including theArmed Forces of the Philippines, for the exclusivepurpose of ensuring free, orderly, honest,peaceful, and credible elections.
Register, after sufficient publication,political parties, organizations, or coalitionswhich, in addition to other requirements, must
present their platform or program of government;and accredit citizens' arms of the Commission onElections. Religious denominations and sects shallnot be registered. Those which seek to achievetheir goals through violence or unlawful means, orrefuse to uphold and adhere to this Constitution,or which are supported by any foreign governmentshall likewise be refused registration.
Financial contributions from foreigngovernments and their agencies to politicalparties, organizations, coalitions, or candidatesrelated to elections, constitute interference innational affairs, and, when accepted, shall be anadditional ground for the cancellation of theirregistration with the Commission, in addition toother penalties that may be prescribed by law.
File, upon a verified complaint, or on its owninitiative, petitions in court for inclusion orexclusion of voters; investigate and, whereappropriate, prosecute cases of violations ofelection laws, including acts or omissionsconstituting election frauds, offenses, andmalpractices.
Recommend to the Congress effective measures tominimize election spending, including limitation ofplaces where propaganda materials shall be posted,and to prevent and penalize all forms of election
frauds, offenses, malpractices, and nuisancecandidacies.
Recommend to the President the removal of anyofficer or employee it has deputized, or theimposition of any other disciplinary action, forviolation or disregard of, or disobedience to, itsdirective, order, or decision.
Submit to the President and the Congress, acomprehensive report on the conduct of eachelection, plebiscite, initiative, referendum, orrecall.
Section 3. The Commission on Elections may sit enbanc or in two divisions, and shall promulgate itsrules of procedure in order to expedite dispositionof election cases, including pre- proclamationcontroversies. All such election cases shall beheard and decided in division, provided thatmotions for reconsideration of decisions shall bedecided by the Commission en banc.
Section 4. The Commission may, during the electionperiod, supervise or regulate the enjoyment orutilization of all franchises or permits for theoperation of transportation and other publicutilities, media of communication or information,all grants, special privileges, or concessionsgranted by the Government or any subdivision,agency, or instrumentality thereof, including any
government-owned or controlled corporation or itssubsidiary. Such supervision or regulation shallaim to ensure equal opportunity, time, andspace ,and the right to reply, includingreasonable, equal rates therefor, for publicinformation campaigns and forums among candidatesin connection with the objective of holding free,orderly, honest, peaceful, and credible elections.
Section 5. No pardon, amnesty, parole, orsuspension of sentence for violation of electionlaws, rules, and regulations shall be granted bythe President without the favorable recommendationof the Commission.
Section 6. A free and open party system shall beallowed to evolve according to the free choice ofthe people, subject to the provisions of thisArticle.
Section 7. No votes cast in favor of a politicalparty, organization, or coalition shall be valid,except for those registered under the party-listsystem as provided in this Constitution.
Section 8. Political parties, or organizations orcoalitions registered under the party-list system,shall not be represented in the voters'registration boards, boards of election inspectors,boards of canvassers, or other similar bodies.
However, they shall be entitled to appoint pollwatchers in accordance with law.
Section 9. Unless otherwise fixed by the Commissionin special cases, the election period shallcommence ninety days before the day of election andshall end thirty days thereafter.
Section 10. Bona fide candidates for any publicoffice shall be free from any form of harassmentand discrimination.
Section 11. Funds certified by the Commission asnecessary to defray the expenses for holdingregular and special elections, plebiscites,initiatives, referenda, and recalls, shall beprovided in the regular or special appropriationsand, once approved, shall be released automaticallyupon certification by the Chairman of theCommission
D. THE COMMISSION ON AUDIT
Section 1. There shall be a Commission on Auditcomposed of a Chairman and two Commissioners, whoshall be natural-born citizens of the Philippinesand, at the time of their appointment, at leastthirty-five years of age, Certified PublicAccountants with not less than ten years ofauditing experience, or members of the PhilippineBar who have been engaged in the practice of law
for at least ten years, and must not have beencandidates for any elective position in theelections immediately preceding their appointment.At no time shall all Members of the Commissionbelong to the same profession.
The Chairman and the Commissioners shall beappointed by the President with the consent of theCommission on Appointments for a term of sevenyears without reappointment. Of those firstappointed, the Chairman shall hold office for sevenyears, one Commissioner for five years, and theother Commissioner for three years, withoutreappointment. Appointment to any vacancy shall beonly for the unexpired portion of the term of thepredecessor. In no case shall any Member beappointed or designated in a temporary or actingcapacity.
Section 2. The Commission on Audit shall have thepower, authority, and duty to examine, audit, andsettle all accounts pertaining to the revenue andreceipts of, and expenditures or uses of funds andproperty, owned or held in trust by, or pertainingto, the Government, or any of its subdivisions,agencies, or instrumentalities, includinggovernment-owned or controlled corporations withoriginal charters, and on a post- audit basis:
constitutional bodies, commissions andoffices that have been granted fiscal autonomyunder this Constitution;
autonomous state colleges and universities;
other government-owned or controlledcorporations and their subsidiaries; and
such non-governmental entities receivingsubsidy or equity, directly or indirectly, from orthrough the Government, which are required by lawor the granting institution to submit to such auditas a condition of subsidy or equity. However, wherethe internal control system of the audited agenciesis inadequate, the Commission may adopt suchmeasures, including temporary or special pre-audit,as are necessary and appropriate to correct thedeficiencies. It shall keep the general accounts ofthe Government and, for such period as may beprovided by law, preserve the vouchers and othersupporting papers pertaining thereto.
The Commission shall have exclusive authority,subject to the limitations in this Article, todefine the scope of its audit and examination,establish the techniques and methods requiredtherefor, and promulgate accounting and auditingrules and regulations, including those for theprevention and disallowance of irregular,unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of governmentfunds and properties.
Section 3. No law shall be passed exempting anyentity of the Government or its subsidiaries in anyguise whatever, or any investment of public funds,from the jurisdiction of the Commission on Audit.
Section 4. The Commission shall submit to thePresident and the Congress, within the time fixedby law, an annual report covering the financialcondition and operation of the Government, itssubdivisions, agencies, and instrumentalities,including government-owned or controlledcorporations, and non-governmental entities subjectto its audit, and recommend measures necessary toimprove their effectiveness and efficiency. Itshall submit such other reports as may be requiredby law.
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 1. The territorial and politicalsubdivisions of the Republic of the Philippines arethe provinces, cities, municipalities, andbarangays. There shall be autonomous regions inMuslim Mindanao and the Cordilleras as hereinafterprovided.
Section 2. The territorial and politicalsubdivisions shall enjoy local autonomy.
Section 3. The Congress shall enact a localgovernment code which shall provide for a moreresponsive and accountable local governmentstructure instituted through a system ofdecentralization with effective mechanisms ofrecall, initiative, and referendum, allocate amongthe different local government units their powers,responsibilities, and resources, and provide forthe qualifications, election, appointment andremoval, term, salaries, powers and functions andduties of local officials, and all other mattersrelating to the organization and operation of thelocal units.
Section 4. The President of the Philippines shallexercise general supervision over localgovernments. Provinces with respect to componentcities and municipalities, and cities andmunicipalities with respect to component barangays,shall ensure that the acts of their component unitsare within the scope of their prescribed powers andfunctions.
Section 5. Each local government unit shall havethe power to create its own sources of revenues andto levy taxes, fees and charges subject to suchguidelines and limitations as the Congress mayprovide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shallaccrue exclusively to the local governments.
Section 6. Local government units shall have a justshare, as determined by law, in the national taxeswhich shall be automatically released to them.
Section 7. Local governments shall be entitled toan equitable share in the proceeds of theutilization and development of the national wealthwithin their respective areas, in the mannerprovided by law, including sharing the same withthe inhabitants by way of direct benefits.
Section 8. The term of office of elective localofficials, except barangay officials, which shallbe determined by law, shall be three years and nosuch official shall serve for more than threeconsecutive terms. Voluntary renunciation of theoffice for any length of time shall not beconsidered as an interruption in the continuity ofhis service for the full term for which he waselected.
Section 9. Legislative bodies of local governmentsshall have sectoral representation as may beprescribed by law.
Section 10. No province, city, municipality, orbarangay may be created, divided, merged,abolished, or its boundary substantially altered,
except in accordance with the criteria establishedin the local government code and subject toapproval by a majority of the votes cast in aplebiscite in the political units directlyaffected.
Section 11. The Congress may, by law, createspecial metropolitan political subdivisions,subject to a plebiscite as set forth in Section 10hereof. The component cities and municipalitiesshall retain their basic autonomy and shall beentitled to their own local executive andlegislative assemblies. The jurisdiction of themetropolitan authority that will thereby be createdshall be limited to basic services requiringcoordination.
Section 12. Cities that are highly urbanized, asdetermined by law, and component cities whosecharters prohibit their voters from voting forprovincial elective officials, shall be independentof the province. The voters of component citieswithin a province, whose charters contain no suchprohibition, shall not be deprived of their rightto vote for elective provincial officials.
Section 13. Local government units may groupthemselves, consolidate or coordinate theirefforts, services, and resources for purposescommonly beneficial to them in accordance with law.
Section 14. The President shall provide forregional development councils or other similarbodies composed of local government officials,regional heads of departments and other governmentoffices, and representatives from non-governmentalorganizations within the regions for purposes ofadministrative decentralization to strengthen theautonomy of the units therein and to accelerate theeconomic and social growth and development of theunits in the region.
AUTONOMOUS REGIONS
Section 15. There shall be created autonomousregions in Muslim Mindanao and in the Cordillerasconsisting of provinces, cities, municipalities,and geographical areas sharing common anddistinctive historical and cultural heritage,economic and social structures, and other relevantcharacteristics within the framework of thisConstitution and the national sovereignty as wellas territorial integrity of the Republic of thePhilippines.
Section 16. The President shall exercise generalsupervision over autonomous regions to ensure thatlaws are faithfully executed.
Section 17. All powers, functions, andresponsibilities not granted by this Constitution
or by law to the autonomous regions shall be vestedin the National Government.
Section 18. The Congress shall enact an organic actfor each autonomous region with the assistance andparticipation of the regional consultativecommission composed of representatives appointed bythe President from a list of nominees from multi-sectoral bodies. The organic act shall define thebasic structure of government for the regionconsisting of the executive department andlegislative assembly, both of which shall beelective and representative of the constituentpolitical units. The organic acts shall likewiseprovide for special courts with personal, family,and property law jurisdiction consistent with theprovisions of this Constitution and national laws.
The creation of the autonomous region shall beeffective when approved by majority of the votescast by the constituent units in a plebiscitecalled for the purpose, provided that onlyprovinces, cities, and geographic areas votingfavorably in such plebiscite shall be included inthe autonomous region.
Section 19. The first Congress elected under thisConstitution shall, within eighteen months from thetime of organization of both Houses, pass theorganic acts for the autonomous regions in MuslimMindanao and the Cordilleras.
Section 20. Within its territorial jurisdiction andsubject to the provisions of this Constitution andnational laws, the organic act of autonomousregions shall provide for legislative powers over:
Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources;
Personal, family, and property relations;
Regional urban and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the culturalheritage; and
Such other matters as may be authorized by lawfor the promotion of the general welfare of thepeople of the region.
Section 21. The preservation of peace and orderwithin the regions shall be the responsibility ofthe local police agencies which shall be organized,maintained, supervised, and utilized in accordancewith applicable laws. The defense and security ofthe regions shall be the responsibility of theNational Government.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust. Publicofficers and employees must, at all times, beaccountable to the people, serve them with utmostresponsibility, integrity, loyalty, and efficiency;act with patriotism and justice, and lead modestlives.
Section 2. The President, the Vice-President, theMembers of the Supreme Court, the Members of theConstitutional Commissions, and the Ombudsman maybe removed from office on impeachment for, andconviction of, culpable violation of theConstitution, treason, bribery, graft andcorruption, other high crimes, or betrayal ofpublic trust. All other public officers andemployees may be removed from office as provided bylaw, but not by impeachment.
Section 3. The House of Representatives shall havethe exclusive power to initiate all cases ofimpeachment.
A verified complaint for impeachment may befiled by any Member of the House of Representativesor by any citizen upon a resolution or endorsementby any Member thereof, which shall be included inthe Order of Business within ten session days, and
referred to the proper Committee within threesession days thereafter. The Committee, afterhearing, and by a majority vote of all its Members,shall submit its report to the House within sixtysession days from such referral, together with thecorresponding resolution. The resolution shall becalendared for consideration by the House withinten session days from receipt thereof.
A vote of at least one-third of all the Membersof the House shall be necessary either to affirm afavorable resolution with the Articles ofImpeachment of the Committee, or override itscontrary resolution. The vote of each Member shallbe recorded.
In case the verified complaint or resolution ofimpeachment is filed by at least one-third of allthe Members of the House, the same shall constitutethe Articles of Impeachment, and trial by theSenate shall forthwith proceed.
No impeachment proceedings shall be initiatedagainst the same official more than once within aperiod of one year.
The Senate shall have the sole power to try anddecide all cases of impeachment. When sitting forthat purpose, the Senators shall be on oath oraffirmation. When the President of the Philippinesis on trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person shallbe convicted without the concurrence of two-thirdsof all the Members of the Senate.
Judgment in cases of impeachment shall notextend further than removal from office anddisqualification to hold any office under theRepublic of the Philippines, but the partyconvicted shall nevertheless be liable and subjectto prosecution, trial, and punishment, according tolaw.
The Congress shall promulgate its rules onimpeachment to effectively carry out the purpose ofthis section.
Section 4. The present anti-graft court known asthe Sandiganbayan shall continue to function andexercise its jurisdiction as now or hereafter maybe provided by law.
Section 5. There is hereby created the independentOffice of the Ombudsman, composed of the Ombudsmanto be known as Tanodbayan, one overall Deputy andat least one Deputy each for Luzon, Visayas, andMindanao. A separate Deputy for the militaryestablishment may likewise be appointed.
Section 6. The officials and employees of theOffice of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman, according tothe Civil Service Law.
Section 7. The existing Tanodbayan shall hereafterbe known as the Office of the Special Prosecutor.It shall continue to function and exercise itspowers as now or hereafter may be provided by law,except those conferred on the Office of theOmbudsman created under this Constitution.
Section 8. The Ombudsman and his Deputies shall benatural-born citizens of the Philippines, and atthe time of their appointment, at least forty yearsold, of recognized probity and independence, andmembers of the Philippine Bar, and must not havebeen candidates for any elective office in theimmediately preceding election. The Ombudsman musthave, for ten years or more, been a judge orengaged in the practice of law in the Philippines.
During their tenure, they shall be subject to thesame disqualifications and prohibitions as providedfor in Section 2 of Article 1X-A of thisConstitution.
Section 9. The Ombudsman and his Deputies shall beappointed by the President from a list of at leastsix nominees prepared by the Judicial and BarCouncil, and from a list of three nominees forevery vacancy thereafter. Such appointments shall
require no confirmation. All vacancies shall befilled within three months after they occur.
Section 10. The Ombudsman and his Deputies shallhave the rank of Chairman and Members,respectively, of the Constitutional Commissions,and they shall receive the same salary which shallnot be decreased during their term of office.
Section 11. The Ombudsman and his Deputies shallserve for a term of seven years withoutreappointment. They shall not be qualified to runfor any office in the election immediatelysucceeding their cessation from office.
Section 12. The Ombudsman and his Deputies, asprotectors of the people, shall act promptly oncomplaints filed in any form or manner againstpublic officials or employees of the Government, orany subdivision, agency or instrumentality thereof,including government-owned or controlledcorporations, and shall, in appropriate cases,notify the complainants of the action taken and theresult thereof.
Section 13. The Office of the Ombudsman shall havethe following powers, functions, and duties:
Investigate on its own, or on complaint by anyperson, any act or omission of any public official,employee, office or agency, when such act or
omission appears to be illegal, unjust, improper,or inefficient.
Direct, upon complaint or at its own instance,any public official or employee of the Government,or any subdivision, agency or instrumentalitythereof, as well as of any government-owned orcontrolled corporation with original charter, toperform and expedite any act or duty required bylaw, or to stop, prevent, and correct any abuse orimpropriety in the performance of duties.
Direct the officer concerned to takeappropriate action against a public official oremployee at fault, and recommend his removal,suspension, demotion, fine, censure, orprosecution, and ensure compliance therewith.
Direct the officer concerned, in anyappropriate case, and subject to such limitationsas may be provided by law, to furnish it withcopies of documents relating to contracts ortransactions entered into by his office involvingthe disbursement or use of public funds orproperties, and report any irregularity to theCommission on Audit for appropriate action.
Request any government agency for assistanceand information necessary in the discharge of itsresponsibilities, and to examine, if necessary,pertinent records and documents.
Publicize matters covered by its investigationwhen circumstances so warrant and with dueprudence.
Determine the causes of inefficiency, red tape,mismanagement, fraud, and corruption in theGovernment and make recommendations for theirelimination and the observance of high standards ofethics and efficiency.
Promulgate its rules of procedure and exercisesuch other powers or perform such functions orduties as may be provided by law.
Section 14. The Office of the Ombudsman shall enjoyfiscal autonomy. Its approved annual appropriationsshall be automatically and regularly released.
Section 15. The right of the State to recoverproperties unlawfully acquired by public officialsor employees, from them or from their nominees ortransferees, shall not be barred by prescription,laches, or estoppel.
Section 16. No loan, guaranty, or other form offinancial accommodation for any business purposemay be granted, directly or indirectly, by anygovernment-owned or controlled bank or financialinstitution to the President, the Vice-President,the Members of the Cabinet, the Congress, theSupreme Court, and the Constitutional Commissions,
the Ombudsman, or to any firm or entity in whichthey have controlling interest, during theirtenure.
Section 17. A public officer or employee shall,upon assumption of office and as often thereafteras may be required by law, submit a declarationunder oath of his assets, liabilities, and networth. In the case of the President, the Vice-President, the Members of the Cabinet, theCongress, the Supreme Court, the ConstitutionalCommissions and other constitutional offices, andofficers of the armed forces with general or flagrank, the declaration shall be disclosed to thepublic in the manner provided by law.
Section 18. Public officers and employees owe theState and this Constitution allegiance at all timesand any public officer or employee who seeks tochange his citizenship or acquire the status of animmigrant of another country during his tenureshall be dealt with by law.
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Section 1. The goals of the national economy are amore equitable distribution of opportunities,income, and wealth; a sustained increase in theamount of goods and services produced by the nation
for the benefit of the people; and an expandingproductivity as the key to raising the quality oflife for all, especially the underprivileged.
The State shall promote industrialization and fullemployment based on sound agricultural developmentand agrarian reform, through industries that makefull of efficient use of human and naturalresources, and which are competitive in bothdomestic and foreign markets. However, the Stateshall protect Filipino enterprises against unfairforeign competition and trade practices.
In the pursuit of these goals, all sectors of theeconomy and all region s of the country shall begiven optimum opportunity to develop. Privateenterprises, including corporations, cooperatives,and similar collective organizations, shall beencouraged to broaden the base of their ownership.
Section 2. All lands of the public domain, waters,minerals, coal, petroleum, and other mineral oils,all forces of potential energy, fisheries, forestsor timber, wildlife, flora and fauna, and othernatural resources are owned by the State. With theexception of agricultural lands, all other naturalresources shall not be alienated. The exploration,development, and utilization of natural resourcesshall be under the full control and supervision ofthe State. The State may directly undertake suchactivities, or it may enter into co-production,
joint venture, or production-sharing agreementswith Filipino citizens, or corporations orassociations at least 60 per centum of whosecapital is owned by such citizens. Such agreementsmay be for a period not exceeding twenty-fiveyears, renewable for not more than twenty-fiveyears, and under such terms and conditions as mayprovided by law. In cases of water rights forirrigation, water supply, fisheries, or industrialuses other than the development of waterpower,beneficial use may be the measure and limit of thegrant.
The State shall protect the nations marine wealthin its archipelagic waters, territorial sea, andexclusive economic zone, and reserve its use andenjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scaleutilization of natural resources by Filipinocitizens, as well as cooperative fish farming, withpriority to subsistence fishermen and fish workersin rivers, lakes, bays, and lagoons.
The President may enter into agreements withforeign-owned corporations involving eithertechnical or financial assistance for large-scaleexploration, development, and utilization ofminerals, petroleum, and other mineral oilsaccording to the general terms and conditionsprovided by law, based on real contributions to the
economic growth and general welfare of the country.In such agreements, the State shall promote thedevelopment and use of local scientific andtechnical resources.
The President shall notify the Congress of everycontract entered into in accordance with thisprovision, within thirty days from its execution.
Section 3. Lands of the public domain areclassified into agricultural, forest or timber,mineral lands and national parks. Agriculturallands of the public domain may be furtherclassified by law according to the uses to whichthey may be devoted. Alienable lands of the publicdomain shall be limited to agricultural lands.Private corporations or associations may not holdsuch alienable lands of the public domain except bylease, for a period not exceeding twenty-fiveyears, renewable for not more than twenty-fiveyears, and not to exceed one thousand hectares inarea. Citizens of the Philippines may lease notmore than five hundred hectares, or acquire notmore than twelve hectares thereof, by purchase,homestead, or grant.
Taking into account the requirements ofconservation, ecology, and development, and subjectto the requirements of agrarian reform, theCongress shall determine, by law, the size of landsof the public domain which may be acquired,
developed, held, or leased and the conditionstherefor.
Section 4. The Congress shall, as soon as possible,determine, by law, the specific limits of forestlands and national parks, marking clearly theirboundaries on the ground. Thereafter, such forestlands and national parks shall be conserved and maynot be increased nor diminished, except by law. TheCongress shall provide for such period as it maydetermine, measures to prohibit logging inendangered forests and watershed areas.
Section 5. The State, subject to the provisions ofthis Constitution and national development policiesand programs, shall protect the rights ofindigenous cultural communities to their ancestrallands to ensure their economic, social, andcultural well-being.
The Congress may provide for the applicability ofcustomary laws governing property rights orrelations in determining the ownership and extentof ancestral domain.
Section 6. The use of property bears a socialfunction, and all economic agents shall contributeto the common good. Individuals and private groups,including corporations, cooperatives, and similarcollective organizations, shall have the right toown, establish, and operate economic enterprises,
subject to the duty of the State to promotedistributive justice and to intervene when thecommon good so demands.
Section 7. Save in cases of hereditary succession,no private lands shall be transferred or conveyedexcept to individuals, corporations, orassociations qualified to acquire or hold lands ofthe public domain.
Section 8. Notwithstanding the provisions ofSection 7 of this Article, a natural-born citizenof the Philippines who has lost his Philippinecitizenship may be a transferee of private lands,subject to limitations provided by law.
Section 9. The Congress may establish anindependent economic and planning agency headed bythe President, which shall, after consultationswith the appropriate public agencies, variousprivate sectors, and local government units,recommend to Congress, and implement continuingintegrated and coordinated programs and policiesfor national development.
Until the Congress provides otherwise, the NationalEconomic and Development Authority shall functionas the independent planning agency of thegovernment.
Section 10. The Congress shall, upon recommendationof the economic and planning agency, when thenational interest dictates, reserve to citizens ofthe Philippines or to corporations or associationsat least sixty per centum of whose capital is ownedby such citizens, or such higher percentage asCongress may prescribe, certain areas ofinvestments. The Congress shall enact measures thatwill encourage the formation and operation ofenterprises whose capital is wholly owned byFilipinos.
In the grant of rights, privileges, and concessionscovering the national economy and patrimony, theState shall give preference to qualified Filipinos.
The State shall regulate and exercise authorityover foreign investments within its nationaljurisdiction and in accordance with its nationalgoals and priorities.
Section 11. No franchise, certificate, or any otherform of authorization for the operation of a publicutility shall be granted except to citizens of thePhilippines or to corporations or associationsorganized under the laws of the Philippines, atleast sixty per centum of whose capital is owned bysuch citizens; nor shall such franchise,certificate, or authorization be exclusive in
character or for a longer period than fifty years.Neither shall any such franchise or right begranted except under the condition that it shall besubject to amendment, alteration, or repeal by theCongress when the common good so requires. TheState shall encourage equity participation inpublic utilities by the general public. Theparticipation of foreign investors in the governingbody of any public utility enterprise shall belimited to their proportionate share in itscapital, and all the executive and managingofficers of such corporation or association must becitizens of the Philippines.
Section 12. The State shall promote thepreferential use of Filipino labor, domesticmaterials and locally produced goods, and adoptmeasures that help make them competitive.
Section 13. The State shall pursue a trade policythat serves the general welfare and utilizes allforms and arrangements of exchange on the basis ofequality and reciprocity.
Section 14. The sustained development of areservoir of national talents consisting ofFilipino scientists, entrepreneurs, professionals,managers, high-level technical manpower and skilledworkers and craftsmen in all fields shall bepromoted by the State. The State shall encourageappropriate technology and regulate its transfer
for the national benefit. The practice of allprofessions in the Philippines shall be limited toFilipino citizens, save in cases prescribed by law.
Section 15. The Congress shall create an agency topromote the viability and growth of cooperatives asinstruments for social justice and economicdevelopment.
Section 16. The Congress shall not, except bygeneral law, provide for the formation,organization, or regulation of privatecorporations. Government-owned or controlledcorporations may be created or established byspecial charters in the interest of the common goodand subject to the test of economic viability.
Section 17. In times of national emergency, whenthe public interest so requires, the State may,during the emergency and under reasonable termsprescribed by it, temporarily take over or directthe operation of any privately-owned public utilityor business affected with public interest.
Section 18. The State may, in the interest ofnational welfare or defense, establish and operatevital industries and, upon payment of justcompensation, transfer to public ownershiputilities and other private enterprises to beoperated by the Government.
Section 19. The State shall regulate or prohibitmonopolies when the public interest so requires. Nocombinations in restraint of trade or unfaircompetition shall be allowed.
Section 20. The Congress shall establish anindependent central monetary authority, the membersof whose governing board must be natural-bornFilipino citizens, of known probity, integrity, andpatriotism, the majority of whom shall come fromthe private sector. They shall also be subject tosuch other qualifications and disabilities as maybe prescribed by law. The authority shall providepolicy direction in the areas of money, banking,and credit. It shall have supervision over theoperations of banks and exercise such regulatorypowers as may be provided by law over theoperations of finance companies and otherinstitutions performing similar functions.
Until the Congress otherwise provides, the CentralBank of the Philippines operating under existinglaws, shall function as the central monetaryauthority.
Section 21. Foreign loans may only be incurred inaccordance with law and the regulation of themonetary authority. Information on foreign loansobtained or guaranteed by the Government shall bemade available to the public.
Section 22. Acts which circumvent or negate any ofthe provisions of this Article shall be consideredinimical to the national interest and subject tocriminal and civil sanctions, as may be provided bylaw.
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress shall give highest priorityto the enactment of measures that protect andenhance the right of all the people to humandignity, reduce social, economic, and politicalinequalities, and remove cultural inequities byequitably diffusing wealth and political power forthe common good.
To this end, the State shall regulate theacquisition, ownership, use, and disposition ofproperty and its increments.
Section 2. The promotion of social justice shallinclude the commitment to create economicopportunities based on freedom of initiative andself-reliance.
LABOR
Section 3. The State shall afford full protectionto labor, local and overseas, organized and
unorganized, and promote full employment andequality of employment opportunities for all.
It shall guarantee the rights of all workers toself-organization, collective bargaining andnegotiations, and peaceful concerted activities,including the right to strike in accordance withlaw. They shall be entitled to security of tenure,humane conditions of work, and a living wage. Theyshall also participate in policy and decision-making processes affecting their rights andbenefits as may be provided by law.
The State shall promote the principle of sharedresponsibility between workers and employers andthe preferential use of voluntary modes in settlingdisputes, including conciliation, and shall enforcetheir mutual compliance therewith to fosterindustrial peace.
The State shall regulate the relations betweenworkers and employers, recognizing the right oflabor to its just share in the fruits of productionand the right of enterprises to reasonable returnsto investments, and to expansion and growth.
AGRARIAN AND NATURAL RESOURCES REFORM
Section 4. The State shall, by law, undertake anagrarian reform program founded on the right offarmers and regular farmworkers who are landless,
to own directly or collectively the lands they tillor, in the case of other farmworkers, to receive ajust share of the fruits thereof. To this end, theState shall encourage and undertake the justdistribution of all agricultural lands, subject tosuch priorities and reasonable retention limits asthe Congress may prescribe, taking into accountecological, developmental, or equityconsiderations, and subject to the payment of justcompensation. In determining retention limits, theState shall respect the right of small landowners.The State shall further provide incentives forvoluntary land-sharing.
Section 5. The State shall recognize the right offarmers, farmworkers, and landowners, as well ascooperatives, and other independent farmers'organizations to participate in the planning,organization, and management of the program, andshall provide support to agriculture throughappropriate technology and research, and adequatefinancial, production, marketing, and other supportservices.
Section 6. The State shall apply the principles ofagrarian reform or stewardship, whenever applicablein accordance with law, in the disposition orutilization of other natural resources, includinglands of the public domain under lease orconcession suitable to agriculture, subject to
prior rights, homestead rights of small settlers,and the rights of indigenous communities to theirancestral lands. The State may resettle landlessfarmers and farmworkers in its own agriculturalestates which shall be distributed to them in themanner provided by law.
Section 7. The State shall protect the rights ofsubsistence fishermen, especially of localcommunities, to the preferential use of thecommunal marine and fishing resources, both inlandand offshore. It shall provide support to suchfishermen through appropriate technology andresearch, adequate financial, production, andmarketing assistance, and other services. The Stateshall also protect, develop, and conserve suchresources. The protection shall extend to offshorefishing grounds of subsistence fishermen againstforeign intrusion. Fishworkers shall receive a justshare from their labor in the utilization of marineand fishing resources.
Section 8. The State shall provide incentives tolandowners to invest the proceeds of the agrarianreform program to promote industrialization,employment creation, and privatization of publicsector enterprises. Financial instruments used aspayment for their lands shall be honored as equityin enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for thecommon good, undertake, in cooperation with theprivate sector, a continuing program of urban landreform and housing which will make available ataffordable cost, decent housing and basic servicesto under-privileged and homeless citizens in urbancenters and resettlement areas. It shall alsopromote adequate employment opportunities to suchcitizens. In the implementation of such program theState shall respect the rights of small propertyowners.
Section 10. Urban or rural poor dwellers shall notbe evicted nor their dwelling demolished, except inaccordance with law and in a just and humanemanner.
No resettlement of urban or rural dwellers shall beundertaken without adequate consultation with themand the communities where they are to be relocated.
HEALTH
Section 11. The State shall adopt an integrated andcomprehensive approach to health development whichshall endeavor to make essential goods, health andother social services available to all the peopleat affordable cost. There shall be priority for theneeds of the under-privileged, sick, elderly,disabled, women, and children. The State shallendeavor to provide free medical care to paupers.
Section 12. The State shall establish and maintainan effective food and drug regulatory system andundertake appropriate health, manpower development,and research, responsive to the country's healthneeds and problems.
Section 13. The State shall establish a specialagency for disabled person for theirrehabilitation, self-development, and self-reliance, and their integration into the mainstreamof society.
WOMEN
Section 14. The State shall protect working womenby providing safe and healthful working conditions,taking into account their maternal functions, andsuch facilities and opportunities that will enhancetheir welfare and enable them to realize their fullpotential in the service of the nation.
ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
Section 15. The State shall respect the role ofindependent people's organizations to enable thepeople to pursue and protect, within the democraticframework, their legitimate and collectiveinterests and aspirations through peaceful andlawful means.
People's organizations are bona fide associationsof citizens with demonstrated capacity to promote
the public interest and with identifiableleadership, membership, and structure.
Section 16. The right of the people and theirorganizations to effective and reasonableparticipation at all levels of social, political,and economic decision-making shall not be abridged.The State shall, by law, facilitate theestablishment of adequate consultation mechanisms.
HUMAN RIGHTS
Section 17. There is hereby created an independentoffice called the Commission on Human Rights.
The Commission shall be composed of a Chairmanand four Members who must be natural-born citizensof the Philippines and a majority of whom shall bemembers of the Bar. The term of office and otherqualifications and disabilities of the Members ofthe Commission shall be provided by law.
Until this Commission is constituted, theexisting Presidential Committee on Human Rightsshall continue to exercise its present functionsand powers.
The approved annual appropriations of theCommission shall be automatically and regularlyreleased.
Section 18. The Commission on Human Rights shallhave the following powers and functions:
Investigate, on its own or on complaint by anyparty, all forms of human rights violationsinvolving civil and political rights;
Adopt its operational guidelines and rules ofprocedure, and cite for contempt for violationsthereof in accordance with the Rules of Court;
Provide appropriate legal measures for theprotection of human rights of all persons withinthe Philippines, as well as Filipinos residingabroad, and provide for preventive measures andlegal aid services to the under-privileged whosehuman rights have been violated or need protection;
Exercise visitorial powers over jails, prisons,or detention facilities;
Establish a continuing program of research,education, and information to enhance respect forthe primacy of human rights;
Recommend to Congress effective measures topromote human rights and to provide forcompensation to victims of violations of humanrights, or their families;
Monitor the Philippine Government's compliancewith international treaty obligations on humanrights;
Grant immunity from prosecution to any personwhose testimony or whose possession of documents orother evidence is necessary or convenient todetermine the truth in any investigation conductedby it or under its authority;
Request the assistance of any department,bureau, office, or agency in the performance of itsfunctions;
Appoint its officers and employees inaccordance with law; and
Perform such other duties and functions as maybe provided by law.
Section 19. The Congress may provide for othercases of violations of human rights that shouldfall within the authority of the Commission, takinginto account its recommendations.
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTUREAND SPORTS
EDUCATION
Section 1. The State shall protect and promote theright of all citizens to quality education at alllevels, and shall take appropriate steps to makesuch education accessible to all.
Section 2. The State shall:
Establish, maintain, and support a complete,adequate, and integrated system of educationrelevant to the needs of the people and society;
Establish and maintain, a system of free publiceducation in the elementary and high school levels.Without limiting the natural rights of parents torear their children, elementary education iscompulsory for all children of school age;
Establish and maintain a system of scholarshipgrants, student loan programs, subsidies, and otherincentives which shall be available to deservingstudents in both public and private schools,especially to the under-privileged;
Encourage non-formal, informal, and indigenouslearning systems, as well as self-learning,independent, and out-of-school study programsparticularly those that respond to community needs;and
Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocationalefficiency, and other skills.
Section 3. All educational institutions shallinclude the study of the Constitution as part ofthe curricula.
They shall inculcate patriotism andnationalism, foster love of humanity, respect forhuman rights, appreciation of the role of nationalheroes in the historical development of thecountry, teach the rights and duties ofcitizenship, strengthen ethical and spiritualvalues, develop moral character and personaldiscipline, encourage critical and creativethinking, broaden scientific and technologicalknowledge, and promote vocational efficiency.
At the option expressed in writing by theparents or guardians, religion shall be allowed tobe taught to their children or wards in publicelementary and high schools within the regularclass hours by instructors designated or approvedby the religious authorities of the religion towhich the children or wards belong, withoutadditional cost to the Government.
Section 4. The State recognizes the complementaryroles of public and private institutions in theeducational system and shall exercise reasonablesupervision and regulation of all educationalinstitutions.
Educational institutions, other than thoseestablished by religious groups and mission boards,shall be owned solely by citizens of thePhilippines or corporations or associations atleast sixty per centum of the capital of which isowned by such citizens. The Congress may, however,require increased Filipino equity participation inall educational institutions. The control andadministration of educational institutions shall bevested in citizens of the Philippines.
No educational institution shall be establishedexclusively for aliens and no group of aliens shallcomprise more than one-third of the enrollment inany school. The provisions of this sub sectionshall not apply to schools established for foreigndiplomatic personnel and their dependents and,unless otherwise provided by law, for other foreigntemporary residents.
All revenues and assets of non-stock, non-profit educational institutions used actually,directly, and exclusively for educational purposesshall be exempt from taxes and duties. Upon thedissolution or cessation of the corporate existenceof such institutions, their assets shall bedisposed of in the manner provided by law.
Proprietary educational institutions, includingthose cooperatively owned, may likewise be entitledto such exemptions, subject to the limitations
provided by law, including restrictions ondividends and provisions for reinvestment.
Subject to conditions prescribed by law, allgrants, endowments, donations, or contributionsused actually, directly, and exclusively foreducational purposes shall be exempt from tax.
Section 5.The State shall take into accountregional and sectoral needs and conditions andshall encourage local planning in the developmentof educational policies and programs.
Academic freedom shall be enjoyed in allinstitutions of higher learning.
Every citizen has a right to select aprofession or course of study, subject to fair,reasonable, and equitable admission and academicrequirements.
The State shall enhance the right of teachersto professional advancement. Non-teaching academicand non-academic personnel shall enjoy theprotection of the State.
The State shall assign the highest budgetarypriority to education and ensure that teaching willattract and retain its rightful share of the bestavailable talents through adequate remuneration andother means of job satisfaction and fulfillment.
LANGUAGE
Section 6. The national language of the Philippinesis Filipino. As it evolves, it shall be furtherdeveloped and enriched on the basis of existingPhilippine and other languages.
Subject to provisions of law and as the Congressmay deem appropriate, the Government shall takesteps to initiate and sustain the use of Filipinoas a medium of official communication and aslanguage of instruction in the educational system.
Section 7. For purposes of communication andinstruction, the official languages of thePhilippines are Filipino and, until otherwiseprovided by law, English.
The regional languages are the auxiliary officiallanguages in the regions and shall serve asauxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntaryand optional basis.
Section 8. This Constitution shall be promulgatedin Filipino and English and shall be translatedinto major regional languages, Arabic, and Spanish.
Section 9. The Congress shall establish a nationallanguage commission composed of representatives ofvarious regions and disciplines which shall
undertake, coordinate, and promote researches forthe development, propagation, and preservation ofFilipino and other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essentialfor national development and progress. The Stateshall give priority to research and development,invention, innovation, and their utilization; andto science and technology education, training, andservices. It shall support indigenous, appropriate,and self-reliant scientific and technologicalcapabilities, and their application to thecountry's productive systems and national life.
Section 11. The Congress may provide forincentives, including tax deductions, to encourageprivate participation in programs of basic andapplied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall beprovided to deserving science students,researchers, scientists, inventors, technologists,and specially gifted citizens.
Section 12. The State shall regulate the transferand promote the adaptation of technology from allsources for the national benefit. It shallencourage the widest participation of privategroups, local governments, and community-based
organizations in the generation and utilization ofscience and technology.
Section 13. The State shall protect and secure theexclusive rights of scientists, inventors, artists,and other gifted citizens to their intellectualproperty and creations, particularly whenbeneficial to the people, for such period as may beprovided by law.
ARTS AND CULTURE
Section 14. The State shall foster thepreservation, enrichment, and dynamic evolution ofa Filipino national culture based on the principleof unity in diversity in a climate of free artisticand intellectual expression.
Section 15. Arts and letters shall enjoy thepatronage of the State. The State shall conserve,promote, and popularize the nation's historical andcultural heritage and resources, as well asartistic creations.
Section 16. All the country's artistic and historicwealth constitutes the cultural treasure of thenation and shall be under the protection of theState which may regulate its disposition.
Section 17. The State shall recognize, respect, andprotect the rights of indigenous culturalcommunities to preserve and develop their cultures,
traditions, and institutions. It shall considerthese rights in the formulation of national plansand policies.
Section 18. The State shall ensure equal access tocultural opportunities through the educationalsystem, public or private cultural entities,scholarships, grants and other incentives, andcommunity cultural centers, and other publicvenues.
The State shall encourage and supportresearches and studies on the arts and culture.
SPORTS
Section 19. The State shall promote physicaleducation and encourage sports programs, leaguecompetitions, and amateur sports, includingtraining for international competitions, to fosterself-discipline, teamwork, and excellence for thedevelopment of a healthy and alert citizenry.
All educational institutions shall undertakeregular sports activities throughout the country incooperation with athletic clubs and other sectors.
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino familyas the foundation of the nation. Accordingly, itshall strengthen its solidarity and activelypromote its total development.
Section 2. Marriage, as an inviolable socialinstitution, is the foundation of the family andshall be protected by the State.
Section 3. The State shall defend:
The right of spouses to found a family inaccordance with their religious convictions and thedemands of responsible parenthood;
The right of children to assistance, includingproper care and nutrition, and special protectionfrom all forms of neglect, abuse, cruelty,exploitation and other conditions prejudicial totheir development;
The right of the family to a family living wageand income; and
The right of families or family associations toparticipate in the planning and implementation ofpolicies and programs that affect them.
Section 4. The family has the duty to care for itselderly members but the State may also do sothrough just programs of social security.
ARTICLE XVI
GENERAL PROVISIONS
Section 1. The flag of the Philippines shall bered, white, and blue, with a sun and three stars,as consecrated and honored by the people andrecognized by law.
Section 2. The Congress may, by law, adopt a newname for the country, a national anthem, or anational seal, which shall all be truly reflectiveand symbolic of the ideals, history, and traditionsof the people. Such law shall take effect only uponits ratification by the people in a nationalreferendum.
Section 3. The State may not be sued without itsconsent.
Section 4. The Armed Forces of the Philippinesshall be composed of a citizen armed force whichshall undergo military training and serve as may beprovided by law. It shall keep a regular forcenecessary for the security of the State.
Section 5. All members of the armed forces shalltake an oath or affirmation to uphold and defendthis Constitution.
The State shall strengthen the patriotic spiritand nationalist consciousness of the military, and
respect for people's rights in the performance oftheir duty.
Professionalism in the armed forces andadequate remuneration and benefits of its membersshall be a prime concern of the State. The armedforces shall be insulated from partisan politics.No member of the military shall engage, directly orindirectly, in any partisan political activity,except to vote.
No member of the armed forces in the activeservice shall, at any time, be appointed ordesignated in any capacity to a civilian positionin the Government, including government-owned orcontrolled corporations or any of theirsubsidiaries.
Laws on retirement of military officers shallnot allow extension of their service.
The officers and men of the regular force ofthe armed forces shall be recruited proportionatelyfrom all provinces and cities as far aspracticable.
The tour of duty of the Chief of Staff of thearmed forces shall not exceed three years. However,in times of war or other national emergencydeclared by the Congress, the President may extendsuch tour of duty.
Section 6. The State shall establish and maintainone police force, which shall be national in scopeand civilian in character, to be administered andcontrolled by a national police commission. Theauthority of local executives over the police unitsin their jurisdiction shall be provided by law.
Section 7. The State shall provide immediate andadequate care, benefits, and other forms ofassistance to war veterans and veterans of militarycampaigns, their surviving spouses and orphans.Funds shall be provided therefor and dueconsideration shall be given them in thedisposition of agricultural lands of the publicdomain and, in appropriate cases, in theutilization of natural resources.
Section 8. The State shall, from time to time,review to increase the pensions and other benefitsdue to retirees of both the government and theprivate sectors.
Section 9. The State shall protect consumers fromtrade malpractices and from substandard orhazardous products.
Section 10. The State shall provide the policyenvironment for the full development of Filipinocapability and the emergence of communicationstructures suitable to the needs and aspirations ofthe nation and the balanced flow of information
into, out of, and across the country, in accordancewith a policy that respects the freedom of speechand of the press.
Section 11. The ownership and management of massmedia shall be limited to citizens of thePhilippines, or to corporations, cooperatives orassociations, wholly-owned and managed by suchcitizens.
The Congress shall regulate or prohibitmonopolies in commercial mass media when the publicinterest so requires. No combinations in restraintof trade or unfair competition therein shall beallowed.
The advertising industry is impressed withpublic interest, and shall be regulated by law forthe protection of consumers and the promotion ofthe general welfare.
Only Filipino citizens or corporations orassociations at least seventy per centum of thecapital of which is owned by such citizens shall beallowed to engage in the advertising industry.
The participation of foreign investors in thegoverning body of entities in such industry shallbe limited to their proportionate share in thecapital thereof, and all the executive and managing
officers of such entities must be citizens of thePhilippines.
Section 12. The Congress may create a consultativebody to advise the President on policies affectingindigenous cultural communities, the majority ofthe members of which shall come from suchcommunities.
ARTICLE XVII
AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, thisConstitution may be proposed by:
The Congress, upon a vote of three-fourths ofall its Members; or
A constitutional convention.
Section 2. Amendments to this Constitution maylikewise be directly proposed by the people throughinitiative upon a petition of at least twelve percentum of the total number of registered voters, ofwhich every legislative district must berepresented by at least three per centum of theregistered voters therein. No amendment under thissection shall be authorized within five yearsfollowing the ratification of this Constitution noroftener than once every five years thereafter.
The Congress shall provide for the implementationof the exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutionalconvention, or by a majority vote of all itsMembers, submit to the electorate the question ofcalling such a convention.
Section 4.Any amendment to, or revision of, thisConstitution under Section 1 hereof shall be validwhen ratified by a majority of the votes cast in aplebiscite which shall be held not earlier thansixty days nor later than ninety days after theapproval of such amendment or revision.
Any amendment under Section 2 hereof shall be validwhen ratified by a majority of the votes cast in aplebiscite which shall be held not earlier thansixty days nor later than ninety days after thecertification by the Commission on Elections of thesufficiency of the petition.
ARTICLE XVIII
TRANSITORY PROVISIONS
Section 1. The first elections of Members of theCongress under this Constitution shall be held onthe second Monday of May, 1987.
The first local elections shall be held on a dateto be determined by the President, which may besimultaneous with the election of the Members ofthe Congress. It shall include the election of allMembers of the city or municipal councils in theMetropolitan Manila area.
Section 2. The Senators, Members of the House ofRepresentatives, and the local officials firstelected under this Constitution shall serve untilnoon of June 30, 1992.
Of the Senators elected in the elections in 1992,the first twelve obtaining the highest number ofvotes shall serve for six years and the remainingtwelve for three years.
Section 3. All existing laws, decrees, executiveorders, proclamations, letters of instructions, andother executive issuances not inconsistent withthis Constitution shall remain operative untilamended, repealed, or revoked.
Section 4. All existing treaties or internationalagreements which have not been ratified shall notbe renewed or extended without the concurrence ofat least two-thirds of all the Members of theSenate.
Section 5. The six-year term of the incumbentPresident and Vice-President elected in the
February 7, 1986 election is, for purposes ofsynchronization of elections, hereby extended tonoon of June 30, 1992.
The first regular elections for the President andVice-President under this Constitution shall beheld on the second Monday of May, 1992.
Section 6. The incumbent President shall continueto exercise legislative powers until the firstCongress is convened.
Section 7. Until a law is passed, the President mayfill by appointment from a list of nominees by therespective sectors, the seats reserved for sectoralrepresentation in paragraph (2), Section 5 ofArticle V1 of this Constitution.
Section 8. Until otherwise provided by theCongress, the President may constitute theMetropolitan Manila Authority to be composed of theheads of all local government units comprising theMetropolitan Manila area.
Section 9. A sub-province shall continue to existand operate until it is converted into a regularprovince or until its component municipalities arereverted to the mother province.
Section 10. All courts existing at the time of theratification of this Constitution shall continue toexercise their jurisdiction, until otherwise
provided by law. The provisions of the existingRules of Court, judiciary acts, and procedural lawsnot inconsistent with this Constitution shallremain operative unless amended or repealed by theSupreme Court or the Congress.
Section 11. The incumbent Members of the Judiciaryshall continue in office until they reach the ageof seventy years or become incapacitated todischarge the duties of their office or are removedfor cause.
Section 12. The Supreme Court shall, within oneyear after the ratification of this Constitution,adopt a systematic plan to expedite the decision orresolution of cases or matters pending in theSupreme Court or the lower courts prior to theeffectivity of this Constitution. A similar planshall be adopted for all special courts and quasi-judicial bodies.
Section 13. The legal effect of the lapse, beforethe ratification of this Constitution, of theapplicable period for the decision or resolution ofthe cases or matters submitted for adjudication bythe courts, shall be determined by the SupremeCourt as soon as practicable.
Section 14. The provisions of paragraphs (3) and(4), Section 15 of Article VIII of thisConstitution shall apply to cases or matters filed
before the ratification of this Constitution, whenthe applicable period lapses after suchratification.
Section 15. The incumbent Members of the CivilService Commission, the Commission on Elections,and the Commission on Audit shall continue inoffice for one year after the ratification of thisConstitution, unless they are sooner removed forcause or become incapacitated to discharge theduties of their office or appointed to a new termthereunder. In no case shall any Member servelonger than seven years including service beforethe ratification of this Constitution.
Section 16. Career civil service employeesseparated from the service not for cause but as aresult of the reorganization pursuant toProclamation No. 3 dated March 25, 1986 and thereorganization following the ratification of thisConstitution shall be entitled to appropriateseparation pay and to retirement and other benefitsaccruing to them under the laws of generalapplication in force at the time of theirseparation. In lieu thereof, at the option of theemployees, they may be considered for employment inthe Government or in any of its subdivisions,instrumentalities, or agencies, includinggovernment-owned or controlled corporations andtheir subsidiaries. This provision also applies to
career officers whose resignation, tendered in linewith the existing policy, had been accepted.
Section 17. Until the Congress provides otherwise,the President shall receive an annual salary ofthree hundred thousand pesos; the Vice-President,the President of the Senate, the Speaker of theHouse of Representatives, and the Chief Justice ofthe Supreme Court, two hundred forty thousand pesoseach; the Senators, the Members of the House ofRepresentatives, the Associate Justices of theSupreme Court, and the Chairmen of theConstitutional Commissions, two hundred fourthousand pesos each; and the Members of theConstitutional Commissions, one hundred eightythousand pesos each.
Section 18. At the earliest possible time, theGovernment shall increase the salary scales of theother officials and employees of the NationalGovernment.
Section 19. All properties, records, equipment,buildings, facilities, and other assets of anyoffice or body abolished or reorganized underProclamation No. 3 dated March 25, 1986 or thisConstitution shall be transferred to the office orbody to which its powers, functions, andresponsibilities substantially pertain.
Section 20. The first Congress shall give priorityto the determination of the period for the fullimplementation of free public secondary education.
Section 21. The Congress shall provide efficaciousprocedures and adequate remedies for the reversionto the State of all lands of the public domain andreal rights connected therewith which were acquiredin violation of the Constitution or the public landlaws, or through corrupt practices. No transfer ordisposition of such lands or real rights shall beallowed until after the lapse of one year from theratification of this Constitution.
Section 22. At the earliest possible time, theGovernment shall expropriate idle or abandonedagricultural lands as may be defined by law, fordistribution to the beneficiaries of the agrarianreform program.
Section 23. Advertising entities affected byparagraph (2), Section 11 of Article XV1 of thisConstitution shall have five years from itsratification to comply on a graduated andproportionate basis with the minimum Filipinoownership requirement therein.
Section 24. Private armies and other armed groupsnot recognized by duly constituted authority shallbe dismantled. All paramilitary forces includingCivilian Home Defense Forces not consistent with
the citizen armed force established in thisConstitution, shall be dissolved or, whereappropriate, converted into the regular force.
Section 25. After the expiration in 1991 of theAgreement between the Republic of the Philippinesand the United States of America concerningmilitary bases, foreign military bases, troops, orfacilities shall not be allowed in the Philippinesexcept under a treaty duly concurred in by theSenate and, when the Congress so requires, ratifiedby a majority of the votes cast by the people in anational referendum held for that purpose, andrecognized as a treaty by the other contractingState.
Section 26. The authority to issue sequestration orfreeze orders under Proclamation No. 3 dated March25, 1986 in relation to the recovery of ill-gottenwealth shall remain operative for not more thaneighteen months after the ratification of thisConstitution. However, in the national interest, ascertified by the President, the Congress may extendsuch period.
A sequestration or freeze order shall be issuedonly upon showing of a prima facie case. The orderand the list of the sequestered or frozenproperties shall forthwith be registered with theproper court. For orders issued before theratification of this Constitution, the
corresponding judicial action or proceeding shallbe filed within six months from its ratification.For those issued after such ratification, thejudicial action or proceeding shall be commencedwithin six months from the issuance thereof.
The sequestration or freeze order is deemedautomatically lifted if no judicial action orproceeding is commenced as herein provided.
Section 27. This Constitution shall take effectimmediately upon its ratification by a majority ofthe votes cast in a plebiscite held for the purposeand shall supersede all previous Constitutions.
The foregoing proposed Constitution of the Republicof the Philippines was approved by theConstitutional Commission of 1986 on the twelfthday of October, Nineteen hundred and eighty-six,and accordingly signed on the fifteenth day ofOctober, Nineteen hundred and eighty-six at thePlenary Hall, National Government Center, QuezonCity, by the Commissioners whose signatures arehereunder affixed.
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