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
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.
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 5. The
maintenance of peace and order, the protection of life, liberty, and property,
and promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.
Section 6. The
separation of Church and State shall be inviolable.
STATE POLICIES
Section 7. The State
shall pursue an independent foreign policy. In its relations with other states,
the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.
Section 8. The
Philippines, consistent with the national interest, adopts and pursues a policy
of freedom from nuclear weapons in its territory.
Section 9. The State
shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.
Section 10. The State
shall promote social justice in all phases of national development.
Section 11. The State
values the dignity of every human person and guarantees full respect for human
rights.
Section 12. The State
recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of
the Government.
Section 13. The State
recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
Section 14. The State
recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Section 15. The State
shall protect and promote the right to health of the people and instill health
consciousness among them.
Section 16. The State
shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
Section 17. The State
shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.
Section 18. The State
affirms labor as a primary social economic force. It shall protect the rights
of workers and promote their welfare.
Section 19. The State
shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
Section 20. The State
recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
Section 21. The State
shall promote comprehensive rural development and agrarian reform.
Section 22. The State
recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.
Section 23. The State
shall encourage non-governmental, community-based, or sectoral organizations
that promote the welfare of the nation.
Section 24. The State
recognizes the vital role of communication and information in nation-building.
Section 25. The State
shall ensure the autonomy of local governments.
Section 26. The State
shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.
Section 27. The State
shall maintain honesty and integrity in the public service and take positive
and effective measures against graft and corruption.
Section 28. Subject to
reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public
interest.
ARTICLE III
BILL OF RIGHTS
BILL OF RIGHTS
Section 1. No person
shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
Section 2. The right of
the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the persons or things
to be seized.
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Section 3.
The privacy of communication
and correspondence shall be inviolable except upon lawful order of the court,
or when public safety or order requires otherwise, as prescribed by law.
Any evidence obtained in
violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
Section 4. No law shall
be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for
redress of grievances.
Section 5. No law shall
be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.
Section 6. The liberty of
abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety,
or public health, as may be provided by law.
Section 7. The right of
the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Section 8. The right of
the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not
be abridged.
Section 9. Private
property shall not be taken for public use without just compensation.
Section 10. No law
impairing the obligation of contracts shall be passed.
Section 11. Free access
to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.
Section 12.
Any person under investigation
for the commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel preferably
of his own choice. If the person cannot afford the services of counsel, he must
be provided with one. These rights cannot be waived except in writing and in
the presence of counsel.
No torture, force, violence,
threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
Any confession or admission
obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.
The law shall provide for
penal and civil sanctions for violations of this Section as well as
compensation to the rehabilitation of victims of torture or similar practices,
and their families.
Section 13. All persons,
except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
Section 14.
No person shall be held to
answer for a criminal offense without due process of law.
In all criminal prosecutions,
the accused shall be presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed notwithstanding the
absence of the accused: Provided, that he has been duly notified and his
failure to appear is unjustifiable.
Section 15. The privilege
of the writ of habeas corpus shall not be suspended except in cases of invasion
or rebellion, when the public safety requires it.
Section 16. All persons
shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.
Section 17. No person
shall be compelled to be a witness against himself.
Section 18.
No person shall be detained
solely by reason of his political beliefs and aspirations.
No involuntary servitude in
any form shall exist except as a punishment for a crime whereof the party shall
have been duly convicted.
Section 19.
Excessive fines shall not be
imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall
death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
The employment of physical,
psychological, or degrading punishment against any prisoner or detainee or the
use of substandard or inadequate penal facilities under subhuman conditions
shall be dealt with by law.
Section 20. No person
shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person
shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.
Section 22. No ex post
facto law or bill of attainder shall be enacted.
ARTICLE IV
CITIZENSHIP
CITIZENSHIP
Section 1. The following
are citizens of the Philippines:
Those who are citizens of the
Philippines at the time of the adoption of this Constitution;
Those whose fathers or mothers
are citizens of the Philippines;
Those born before January 17,
1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the
age of majority; and
Those who are naturalized in
the accordance with law.
Section 2. Natural-born
citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.
Section 3. Philippine
citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of
the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law to have renounced it.
Section 5. Dual
allegiance of citizens is inimical to the national interest and shall be dealt
with by law.
ARTICLE V
SUFFRAGE
SUFFRAGE
Section 1. Suffrage may
be exercised by all citizens of the Philippines, not otherwise disqualified by
law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to
vote, for at least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on the exercise of
suffrage.
Section 2. The Congress
shall provide a system for securing the secrecy and sanctity of the ballot as
well as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design
a procedure for the disabled and the illiterates to vote without the assistance
of other persons. Until then, they shall be allowed to vote under existing laws
and such rules as the Commission on Elections may promulgate to protect the
secrecy of the ballot.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
THE LEGISLATIVE DEPARTMENT
Section 1. The
legislative power shall be vested in the Congress of the Philippines which
shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.
Section 2. The Senate
shall be composed of twenty-four Senators who shall be elected at large by the
qualified voters of the Philippines, as may be provided by law.
Section 3. No person
shall be a Senator unless he is a natural-born citizen of the Philippines and,
on the day of the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the Philippines for not less
than two years immediately preceding the day of the election.
Section 4. The term of
office of the Senators shall be six years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day of June next following their
election. No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term of which he was
elected.
Section 5.
The House of Representatives
shall be composed of not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on the basis of
a uniform and progressive ratio, and those who, as provided by law, shall be
elected through a party-list system of registered national, regional, and
sectoral parties or organizations.
The party-list representatives
shall constitute twenty per centum of the total number of representatives
including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election
from the labor, peasant, urban poor, indigenous cultural communities, women,
youth, and such other sectors as may be provided by law, except the religious
sector.
Each legislative district
shall comprise, as far as practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least two hundred fifty thousand,
or each province, shall have at least one representative.
Within three years following the
return of every census, the Congress shall make a reapportionment of
legislative districts based on the standards provided in this section.
Section 6. No person
shall be a Member of the House of Representatives unless he is a natural-born
citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be
elected, and a resident thereof for a period of not less than one year
immediately preceding the day of the election.
Section 7. The Members of
the House of Representatives shall be elected for a term of three years which
shall begin, unless otherwise provided by law, at noon on the thirtieth day of
June next following their election. No Member of the House of Representatives
shall serve for more than three consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in
the continuity of his service for the full term for which he was elected.
Section 8. Unless
otherwise provided by law, the regular election of the Senators and the Members
of the House of Representatives shall be held on the second Monday of May.
Section 9. In case of
vacancy in the Senate or in the House of Representatives, a special election
may be called to fill such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus elected shall serve only
for the unexpired term.
Section 10. The salaries
of Senators and Members of the House of Representatives shall be determined by
law. No increase in said compensation shall take effect until after the
expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.
Section 11. A Senator or
Member of the House of Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while the Congress
is in session. No Member shall be questioned nor be held liable in any other
place for any speech or debate in the Congress or in any committee thereof.
Section 12. All Members
of the Senate and the House of Representatives shall, upon assumption of
office, make a full disclosure of their financial and business interests. They
shall notify the House concerned of a potential conflict of interest that may
arise from the filing of a proposed legislation of which they are authors.
Section 13. No Senator or
Member of the House of Representatives may hold any other office or employment
in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat. Neither shall he be appointed to
any office which may have been created or the emoluments thereof increased
during the term for which he was elected.
Section 14. No Senator or
Member of the House of Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or special
privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not
intervene in any matter before any office of the Government for his pecuniary
benefit or where he may be called upon to act on account of his office.
Section 15. The Congress
shall convene once every year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until thirty days before
the opening of its next regular session, exclusive of Saturdays, Sundays, and
legal holidays. The President may call a special session at any time.
Section 16.
The Senate shall elect its
President and the House of Representatives, its Speaker, by a majority vote of
all its respective Members. Each House shall choose such other officers as it
may deem necessary.
A majority of each House shall
constitute a quorum to do business, but a smaller number may adjourn from day
to day and may compel the attendance of absent Members in such manner, and
under such penalties, as such House may provide.
Each House may determine the
rules of its proceedings, punish its Members for disorderly behavior, and, with
the concurrence of two-thirds of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not exceed sixty days.
Each House shall keep a
Journal of its proceedings, and from time to time publish the same, excepting
such parts as may, in its judgment, affect national security; and the yeas and
nays on any question shall, at the request of one-fifth of the Members present,
be entered in the Journal. Each House shall also keep a Record of its
proceedings.
Neither House during the
sessions of the Congress shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which the two Houses
shall be sitting.
Section 18. There
shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators, and twelve Members of the
House of Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations
registered under the party-list system represented therein. The chairman of the
Commission shall not vote, except in case of a tie. The Commission shall act on
all appointments submitted to it within thirty session days of the Congress
from their submission. The Commission shall rule by a majority vote of all the
Members.
Section 19. The
Electoral Tribunals and the Commission on Appointments shall be constituted
within thirty days after the Senate and the House of Representatives shall have
been organized with the election of the President and the Speaker. The
Commission on Appointments shall meet only while the Congress is in session, at
the call of its Chairman or a majority of all its Members, to discharge such
powers and functions as are herein conferred upon it.
Section 20. The
records and books of accounts of the Congress shall be preserved and be open to
the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts
paid to and expenses for each Member.
Section 23.
The Congress, by a vote of
two-thirds of both Houses in joint session assembled, voting separately, shall
have the sole power to declare the existence of a state of war.
In times of war or other
national emergency, the Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease
upon the next adjournment thereof.
Section 24. All
appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills, shall originate
exclusively in the House of Representatives, but the Senate may propose or
concur with amendments.
Section 25.
The Congress may not
increase the appropriations recommended by the President for the operation of
the Government as specified in the budget. The form, content, and manner of
preparation of the budget shall be prescribed by law.
No provision or enactment
shall be embraced in the general appropriations bill unless it relates
specifically to some particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the appropriation to which it
relates.
The procedure in approving
appropriations for the Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies.
A special appropriations
bill shall specify the purpose for which it is intended, and shall be supported
by funds actually available as certified by the National Treasurer, or to be
raised by a corresponding revenue proposal therein.
No law shall be passed
authorizing any transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of Representatives, the Chief
Justice of the Supreme Court, and the heads of Constitutional Commissions may,
by law, be authorized to augment any item in the general appropriations law for
their respective offices from savings in other items of their respective
appropriations.
Discretionary funds
appropriated for particular officials shall be disbursed only for public purposes
to be supported by appropriate vouchers and subject to such guidelines as may
be prescribed by law.
If, by the end of any
fiscal year, the Congress shall have failed to pass the general appropriations
bill for the ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed re-enacted and shall remain in force and
effect until the general appropriations bill is passed by the Congress.
Section 26.
Every bill passed by the
Congress shall embrace only one subject which shall be expressed in the title
thereof.
No bill passed by either
House shall become a law unless it has passed three readings on separate days,
and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to
the necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately thereafter, and the
yeas and nays entered in the Journal.
Section 27.
Every bill passed by the
Congress shall, before it becomes a law, be presented to the President. If he
approves the same he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which shall enter
the objections at large in its Journal and proceed to reconsider it. If, after
such reconsideration, two-thirds of all the Members of such House shall agree
to pass the bill, it shall be sent, together with the objections, to the other
House by which it shall likewise be reconsidered, and if approved by two-thirds
of all the Members of that House, it shall become a law. In all such cases, the
votes of each House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The President
shall communicate his veto of any bill to the House where it originated within
thirty days after the date of receipt thereof, otherwise, it shall become a law
as if he had signed it.
The President shall have
the power to veto any particular item or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to which he does
not object.
Section 28.
The rule of taxation shall
be uniform and equitable. The Congress shall evolve a progressive system of
taxation.
The Congress may, by law,
authorize the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or imposts within the
framework of the national development program of the Government.
Charitable institutions,
churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries,
and all lands, buildings, and improvements, actually, directly, and exclusively
used for religious, charitable, or educational purposes shall be exempt from
taxation.
No law granting any tax
exemption shall be passed without the concurrence of a majority of all the
Members of the Congress.
Section 29.
No money shall be paid out
of the Treasury except in pursuance of an appropriation made by law.
No public money or property
shall be appropriated, applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest, preacher, minister, other
religious teacher, or dignitary as such, except when such priest, preacher,
minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
All money collected on any
tax levied for a special purpose shall be treated as a special fund and paid
out for such purpose only. If the purpose for which a special fund was created
has been fulfilled or abandoned, the balance, if any, shall be transferred to
the general funds of the Government.
Section 30. No law
shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.
Section 31. No law
granting a title of royalty or nobility shall be enacted.
Section 32. The
Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a
petition therefor signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by
at least three per centum of the registered voters thereof.
ARTICLE VII
EXECUTIVE DEPARTMENT
EXECUTIVE DEPARTMENT
Section 1. The executive
power shall be vested in the President of the Philippines.
Section 2. No person may
be elected President unless he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty years of age on the
day of the election, and a resident of the Philippines for at least ten years
immediately preceding such election.
Section 3. There shall be
a Vice-President who shall have the same qualifications and term of office and
be elected with, and in the same manner, as the President. He may be removed
from office in the same manner as the President.
The Vice-President may be
appointed as a Member of the Cabinet. Such appointment requires no
confirmation.
Section 4. The President
and the Vice-President shall be elected by direct vote of the people for a term
of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date, six
years thereafter. The President shall not be eligible for any re-election. No
person who has succeeded as President and has served as such for more than four
years shall be qualified for election to the same office at any time.
No Vice-President shall serve
for more than two successive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption in the continuity
of the service for the full term for which he was elected.
Unless otherwise provided by
law, the regular election for President and Vice-President shall be held on the
second Monday of May.
The returns of every election
for President and Vice-President, duly certified by the board of canvassers of
each province or city, shall be transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the certificates of canvass, the
President of the Senate shall, not later than thirty days after the day of the
election, open all the certificates in the presence of the Senate and the House
of Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the manner
provided by law, canvass the votes.
The person having the highest
number of votes shall be proclaimed elected, but in case two or more shall have
an equal and highest number of votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of both Houses of the Congress,
voting separately.
The Congress shall promulgate
its rules for the canvassing of the certificates.
The Supreme Court, sitting en
banc, shall be the sole judge of all contests relating to the election,
returns, and qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.
Section 5. Before they
enter on the execution of their office, the President, the Vice-President, or
the Acting President shall take the following oath or affirmation:
"I do solemnly swear (or
affirm) that I will faithfully and conscientiously fulfill my duties as President
(or Vice-President or Acting President) of the Philippines, preserve and defend
its Constitution, execute its laws, do justice to every man, and consecrate
myself to the service of the Nation. So help me God." (In case of
affirmation, last sentence will be omitted.)
Section 6. The President
shall have an official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be decreased during
their tenure. No increase in said compensation shall take effect until after
the expiration of the term of the incumbent during which such increase was
approved. They shall not receive during their tenure any other emolument from
the Government or any other source.
Section 7. The
President-elect and the Vice President-elect shall assume office at the
beginning of their terms.
If the President-elect fails
to qualify, the Vice President-elect shall act as President until the
President-elect shall have qualified.
If a President shall not have
been chosen, the Vice President-elect shall act as President until a President
shall have been chosen and qualified.
If at the beginning of the
term of the President, the President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall become President.
Where no President and
Vice-President shall have been chosen or shall have qualified, or where both
shall have died or become permanently disabled, the President of the Senate or,
in case of his inability, the Speaker of the House of Representatives, shall
act as President until a President or a Vice-President shall have been chosen
and qualified.
The Congress shall, by law,
provide for the manner in which one who is to act as President shall be
selected until a President or a Vice-President shall have qualified, in case of
death, permanent disability, or inability of the officials mentioned in the
next preceding paragraph.
Section 8. In case of
death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired
term. In case of death, permanent disability, removal from office, or
resignation of both the President and Vice-President, the President of the
Senate or, in case of his inability, the Speaker of the House of Representatives,
shall then act as President until the President or Vice-President shall have
been elected and qualified.
The Congress shall, by law,
provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the President or the
Vice-President shall have been elected and qualified, and be subject to the
same restrictions of powers and disqualifications as the Acting President.
Section 9. Whenever there
is a vacancy in the Office of the Vice-President during the term for which he
was elected, the President shall nominate a Vice-President from among the
Members of the Senate and the House of Representatives who shall assume office
upon confirmation by a majority vote of all the Members of both Houses of the
Congress, voting separately.
Section 10. The Congress
shall, at ten o'clock in the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs, convene in accordance with
its rules without need of a call and within seven days, enact a law calling for
a special election to elect a President and a Vice-President to be held not
earlier than forty-five days nor later than sixty days from the time of such
call. The bill calling such special election shall be deemed certified under
paragraph 2, Section 26, Article V1 of this Constitution and shall become law
upon its approval on third reading by the Congress. Appropriations for the
special election shall be charged against any current appropriations and shall
be exempt from the requirements of paragraph 4, Section 25, Article V1 of this
Constitution. The convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy occurs
within eighteen months before the date of the next presidential election.
Section 11. Whenever the
President transmits to the President of the Senate and the Speaker of the House
of Representatives his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the
Vice-President as Acting President.
Whenever a majority of all the
Members of the Cabinet transmit to the President of the Senate and to the
Speaker of the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office, the
Vice-President shall immediately assume the powers and duties of the office as
Acting President.
Thereafter, when the President
transmits to the President of the Senate and to the Speaker of the House of
Representatives his written declaration that no inability exists, he shall
reassume the powers and duties of his office. Meanwhile, should a majority of
all the Members of the Cabinet transmit within five days to the President of
the Senate and to the Speaker of the House of Representatives, their written
declaration that the President is unable to discharge the powers and duties of
his office, the Congress shall decide the issue. For that purpose, the Congress
shall convene, if it is not in session, within forty-eight hours, in accordance
with its rules and without need of call.
If the Congress, within ten
days after receipt of the last written declaration, or, if not in session,
within twelve days after it is required to assemble, determines by a two-thirds
vote of both Houses, voting separately, that the President is unable to
discharge the powers and duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue exercising the powers and
duties of his office.
Section 12. In case of
serious illness of the President, the public shall be informed of the state of
his health. The members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the
Philippines, shall not be denied access to the President during such illness.
Section 13. The
President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession, participate in
any business, or be financially interested in any contract with, or in any
franchise, or special privilege granted by the Government or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.
The spouse and relatives by
consanguinity or affinity within the fourth civil degree of the President shall
not, during his tenure, be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.
Section 14. Appointments
extended by an Acting President shall remain effective, unless revoked by the
elected President, within ninety days from his assumption or reassumption of
office.
Section 15. Two months
immediately before the next presidential elections and up to the end of his
term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein
will prejudice public service or endanger public safety.
Section 16. The President
shall nominate and, with the consent of the Commission on Appointments, appoint
the heads of the executive departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel or naval
captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.
The President shall have the
power to make appointments during the recess of the Congress, whether voluntary
or compulsory, but such appointments shall be effective only until disapproved
by the Commission on Appointments or until the next adjournment of the
Congress.
Section 17. The President
shall have control of all the executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully executed.
The Congress, if not in
session, shall, within twenty-four hours following such proclamation or
suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review,
in an appropriate proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.
A state of martial law does
not suspend the operation of the Constitution, nor supplant the functioning of
the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts
are able to function, nor automatically suspend the privilege of the writ.
The suspension of the
privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with invasion.
During the suspension of
the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.
Section 19. Except in
cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.
He shall also have the
power to grant amnesty with the concurrence of a majority of all the Members of
the Congress.
Section 20. The
President may contract or guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the Monetary Board, and subject
to such limitations as may be provided by law. The Monetary Board shall, within
thirty days from the end of every quarter of the calendar year, submit to the
Congress a complete report of its decision on applications for loans to be
contracted or guaranteed by the Government or government-owned and controlled
corporations which would have the effect of increasing the foreign debt, and
containing other matters as may be provided by law.
Section 21. No treaty
or international agreement shall be valid and effective unless concurred in by
at least two-thirds of all the Members of the Senate.
Section 22. The
President shall submit to the Congress, within thirty days from the opening of
every regular session as the basis of the general appropriations bill, a budget
of expenditures and sources of financing, including receipts from existing and
proposed revenue measures.
Section 23. The
President shall address the Congress at the opening of its regular session. He
may also appear before it at any other time.
ARTICLE VIII
JUDICIAL DEPARTMENT
JUDICIAL DEPARTMENT
Section 1. The judicial
power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the
duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.
Section 2. The Congress
shall have the power to define, prescribe, and apportion the jurisdiction of
the various courts but may not deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 hereof.
No law shall be passed
reorganizing the Judiciary when it undermines the security of tenure of its
Members.
Section 3. The Judiciary
shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount appropriated for the previous year
and, after approval, shall be automatically and regularly released.
Section 4.
The Supreme Court shall be
composed of a Chief Justice and fourteen Associate Justices. It may sit en banc
or in its discretion, in division of three, five, or seven Members. Any vacancy
shall be filled within ninety days from the occurrence thereof.
All cases involving the
constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which
under the Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and voted
thereon.
Cases or matters heard by a
division shall be decided or resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on the issues in the case
and voted thereon, and in no case without the concurrence of at least three of
such Members. When the required number is not obtained, the case shall be
decided en banc: Provided, that no doctrine or principle of law laid down by
the court in a decision rendered en banc or in division may be modified or
reversed except by the court sitting en banc.
Section 5. The Supreme
Court shall have the following powers:
Exercise original jurisdiction
over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
Review, revise, reverse,
modify, or affirm on appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
All cases in which the
constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
All cases involving the
legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.
All cases in which the
jurisdiction of any lower court is in issue.
All criminal cases in which
the penalty imposed is reclusion perpetua or higher.
All cases in which only an
error or question of law is involved.
Assign temporarily judges of
lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent of the judge
concerned.
Order a change of venue or
place of trial to avoid a miscarriage of justice.
Promulgate rules concerning
the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by
the Supreme Court.
Appoint all officials and
employees of the Judiciary in accordance with the Civil Service Law.
Section 6. The Supreme
Court shall have administrative supervision over all courts and the personnel
thereof.
Section 7.
No person shall be appointed
Member of the Supreme Court or any lower collegiate court unless he is a
natural-born citizen of the Philippines. A Member of the Supreme Court must be
at least forty years of age, and must have been for fifteen years or more, a
judge of a lower court or engaged in the practice of law in the Philippines.
The Congress shall prescribe
the qualifications of judges of lower courts, but no person may be appointed
judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
A Member of the Judiciary must
be a person of proven competence, integrity, probity, and independence.
Section 8.
A Judicial and Bar Council is
hereby created under the supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, and a representative
of the Congress as ex officio Members, a representative of the Integrated Bar,
a professor of law, a retired Member of the Supreme Court, and a representative
of the private sector.
The regular members of the
Council shall be appointed by the President for a term of four years with the
consent of the Commission on Appointments. Of the Members first appointed, the
representative of the Integrated Bar shall serve for four years, the professor
of law for three years, the retired Justice for two years, and the
representative of the private sector for one year.
The Clerk of the Supreme Court
shall be the Secretary ex officio of the Council and shall keep a record of its
proceedings.
The regular Members of the
Council shall receive such emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual budget the appropriations
for the Council.
The Council shall have the
principal function of recommending appointees to the judiciary. It may exercise
such other functions and duties as the Supreme Court may assign to it.
Section 9. The Members of
the Supreme Court and judges of lower courts shall be appointed by the
President from a list of at least three nominees preferred by the Judicial and
Bar Council for every vacancy. Such appointments need no confirmation.
For the lower courts, the
President shall issued the appointment within ninety days from the submission
of the list.
Section 10. The salary of
the Chief Justice and of the Associate Justices of the Supreme Court, and of
judges of lower courts shall be fixed by law. During the continuance in office,
their salary shall not be decreased.
Section 11. The Members
of the Supreme Court and judges of the lower court shall hold office during
good behavior until they reach the age of seventy years or become incapacitated
to discharge the duties of their office. The Supreme Court en banc shall have
the power to discipline judges of lower courts, or order their dismissal by a
vote of majority of the Members who actually took part in the deliberations on
the issues in the case and voted in thereon.
Section 12. The Members
of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative function.
Section 13. The
conclusions of the Supreme Court in any case submitted to it for the decision
en banc or in division shall be reached in consultation before the case the
case assigned to a Member for the writing of the opinion of the Court. A
certification to this effect signed by the Chief Justice shall be issued and a
copy thereof attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same requirements shall be
observed by all lower collegiate court.
Section 14. No decision
shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or
motion for reconsideration of a decision of the court shall be refused due
course or denied without stating the legal basis therefor.
Section 15.
All cases or matters filed
after the effectivity of this Constitution must be decided or resolved within
twenty-four months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate courts,
and three months for all other lower courts.
A case or matter shall be
deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the Rules of Court or by the court
itself.
Upon the expiration of the
corresponding period, a certification to this effect signed by the Chief
Justice or the presiding judge shall forthwith be issued and a copy thereof
attached to the record of the case or matter, and served upon the parties. The
certification shall state why a decision or resolution has not been rendered or
issued within said period.
Despite the expiration of the
applicable mandatory period, the court, without prejudice to such
responsibility as may have been incurred in consequence thereof, shall decide
or resolve the case or matter submitted thereto for determination, without
further delay.
Section 16. The Supreme
Court shall, within thirty days from the opening of each regular session of the
Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.
ARTICLE IX
CONSTITUTIONAL COMMISSION
CONSTITUTIONAL COMMISSION
A. COMMON PROVISIONS
Section 1. The
Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
Section 2. No member of a
Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the
active management or control of any business which, in any way, may be affected
by the functions of his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any franchise or privilege
granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or
their subsidiaries.
Section 3. The salary of
the Chairman and the Commissioners shall be fixed by law and shall not be
decreased during their tenure.
Section 4. The
Constitutional Commissions shall appoint their officials and employees in
accordance with law.
Section 5. The Commission
shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released.
Section 6. Each
Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules, however, shall not
diminish, increase, or modify substantive rights.
Section 7. Each
Commission shall decide by a majority vote of all its Members, any case or
matter brought before it within sixty days from the date of its submission for
decision or resolution. A case or matter is deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or memorandum required
by the rules of the Commission or by the Commission itself. Unless otherwise
provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved
party within thirty days from receipt of a copy thereof.
Section 8. Each
Commission shall perform such other functions as may be provided by law.
B. THE CIVIL SERVICE
COMMISSION
Section 1.
The civil service shall be administered
by the Civil Service Commission composed of a Chairman and two Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any elective position in
the elections immediately preceding their appointment.
The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of
those first appointed, the Chairman shall hold office for seven years, a
Commissioner for five years, and another Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term
of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.
Section 2.
The civil service embraces all
branches, subdivisions, instrumentalities, and agencies of the Government,
including government-owned or controlled corporations with original charters.
Appointments in the civil
service shall be made only according to merit and fitness to be determined, as
far as practicable, and, except to positions which are policy-determining,
primarily confidential, or highly technical, by competitive examination.
No officer or employee of the
civil service shall be removed or suspended except for cause provided by law.
No officer or employee in the
civil service shall engage, directly or indirectly, in any electioneering or
partisan political campaign.
The right to self-organization
shall not be denied to government employees.
Temporary employees of the
Government shall be given such protection as may be provided by law.
Section 3. The Civil
Service Commission, as the central personnel agency of the Government, shall
establish a career service and adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the civil service.
It shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a
management climate conducive to public accountability. It shall submit to the
President and the Congress an annual report on its personnel programs.
Section 4. All public
officers and employees shall take an oath or affirmation to uphold and defend
this Constitution.
Section 5. The Congress
shall provide for the standardization of compensation of government officials
and employees, including those in government-owned or controlled corporations
with original charters, taking into account the nature of the responsibilities
pertaining to, and the qualifications required for, their positions.
Section 6. No candidate
who has lost in any election, shall within one year after such election, be
appointed to any office in the Government or any Government-owned or controlled
corporations or in any of their subsidiaries.
Section 7. No elective
official shall be eligible for appointment or designation in any capacity to
any public office or position during his tenure.
Unless otherwise allowed by
law or by the primary functions of his position, no appointive official shall
hold any other office or employment in the Government or any subdivision,
agency or instrumentality thereof, including Government-owned or controlled
corporations or their subsidiaries.
Section 8. No elective or
appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept
without the consent of the Congress, any present, emolument, office, or title
of any kind from any foreign government.
Pensions or gratuities shall
not be considered as additional, double, or indirect compensation.
C. THE COMMISSION ON ELECTIONS
Section 1.
There shall be a Commission on
Elections composed of a Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the time of their appointment,
at least thirty-five years of age, holders of a college degree, and must not
have been candidates for any elective positions in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be
members of the Philippine Bar who have been engaged in the practice of law for
at least ten years.
The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of
those first appointed, three Members shall hold office for seven years, two
Members for five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term
of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.
Enforce and administer all
laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
Exercise exclusive original
jurisdiction over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials
decided by trial courts of general jurisdiction, or involving elective barangay
officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or
rulings of the Commission on election contests involving elective municipal and
barangay offices shall be final, executory, and not appealable.
Decide, except those involving
the right to vote, all questions affecting elections, including determination
of the number and location of polling places, appointment of election officials
and inspectors, and registration of voters.
Deputize, with the concurrence
of the President, law enforcement agencies and instrumentalities of the
Government, including the Armed Forces of the Philippines, for the exclusive
purpose of ensuring free, orderly, honest, peaceful, and credible elections.
Register, after sufficient
publication, political parties, organizations, or coalitions which, in addition
to other requirements, must present their platform or program of government;
and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve
their goals through violence or unlawful means, or refuse to uphold and adhere
to this Constitution, or which are supported by any foreign government shall
likewise be refused registration.
Financial contributions from
foreign governments and their agencies to political parties, organizations,
coalitions, or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional ground for the
cancellation of their registration with the Commission, in addition to other
penalties that may be prescribed by law.
File, upon a verified
complaint, or on its own initiative, petitions in court for inclusion or exclusion
of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.
Recommend to the Congress
effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and penalize
all forms of election frauds, offenses, malpractices, and nuisance candidacies.
Recommend to the President the
removal of any officer or employee it has deputized, or the imposition of any
other disciplinary action, for violation or disregard of, or disobedience to,
its directive, order, or decision.
Submit to the President and
the Congress, a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
Section 3. The Commission
on Elections may sit en banc or in two divisions, and shall promulgate its
rules of procedure in order to expedite disposition of election cases,
including pre- proclamation controversies. All such election cases shall be
heard and decided in division, provided that motions for reconsideration of
decisions shall be decided by the Commission en banc.
Section 4. The Commission
may, during the election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of transportation
and other public utilities, media of communication or information, all grants,
special privileges, or concessions granted by the Government or any
subdivision, agency, or instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such supervision or regulation
shall aim to ensure equal opportunity, time, and space ,and the right to reply,
including reasonable, equal rates therefor, for public information campaigns
and forums among candidates in connection with the objective of holding free,
orderly, honest, peaceful, and credible elections.
Section 5. No pardon,
amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.
Section 6. A free and
open party system shall be allowed to evolve according to the free choice of
the people, subject to the provisions of this Article.
Section 7. No votes cast
in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this
Constitution.
Section 8. Political
parties, or organizations or coalitions registered under the party-list system,
shall not be represented in the voters' registration boards, boards of election
inspectors, boards of canvassers, or other similar bodies. However, they shall
be entitled to appoint poll watchers in accordance with law.
Section 9. Unless
otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days
thereafter.
Section 10. Bona fide
candidates for any public office shall be free from any form of harassment and
discrimination.
Section 11. Funds
certified by the Commission as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiatives, referenda, and
recalls, shall be provided in the regular or special appropriations and, once
approved, shall be released automatically upon certification by the Chairman of
the Commission
D. THE COMMISSION ON AUDIT
Section 1.
There shall be a Commission on
Audit composed of a Chairman and two Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, Certified Public Accountants with not less than ten
years of auditing experience, or members of the Philippine Bar who have been
engaged in the practice of law for at least ten years, and must not have been
candidates for any elective position in the elections immediately preceding
their appointment. At no time shall all Members of the Commission belong to the
same profession.
The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments for a term of seven years without reappointment. Of
those first appointed, the Chairman shall hold office for seven years, one Commissioner
for five years, and the other Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired
portion of the term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
Section 2.
The Commission on Audit shall
have the power, authority, and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and expenditures or uses of funds
and property, owned or held in trust by, or pertaining to, the Government, or
any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with original charters, and on a
post- audit basis:
constitutional bodies,
commissions and offices that have been granted fiscal autonomy under this
Constitution;
autonomous state colleges and
universities;
other government-owned or
controlled corporations and their subsidiaries; and
such non-governmental entities
receiving subsidy or equity, directly or indirectly, from or through the
Government, which are required by law or the granting institution to submit to
such audit as a condition of subsidy or equity. However, where the internal
control system of the audited agencies is inadequate, the Commission may adopt
such measures, including temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the general accounts of
the Government and, for such period as may be provided by law, preserve the
vouchers and other supporting papers pertaining thereto.
The Commission shall have
exclusive authority, subject to the limitations in this Article, to define the
scope of its audit and examination, establish the techniques and methods
required therefor, and promulgate accounting and auditing rules and
regulations, including those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures or uses of
government funds and properties.
Section 3. No law shall
be passed exempting any entity of the Government or its subsidiaries in any
guise whatever, or any investment of public funds, from the jurisdiction of the
Commission on Audit.
Section 4. The Commission
shall submit to the President and the Congress, within the time fixed by law,
an annual report covering the financial condition and operation of the
Government, its subdivisions, agencies, and instrumentalities, including
government-owned or controlled corporations, and non-governmental entities
subject to its audit, and recommend measures necessary to improve their
effectiveness and efficiency. It shall submit such other reports as may be
required by law.
ARTICLE X
LOCAL GOVERNMENT
LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 1. The
territorial and political subdivisions of the Republic of the Philippines are
the provinces, cities, municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as hereinafter provided.
Section 2. The
territorial and political subdivisions shall enjoy local autonomy.
Section 3. The Congress
shall enact a local government code which shall provide for a more responsive
and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of
local officials, and all other matters relating to the organization and
operation of the local units.
Section 4. The President
of the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays, shall ensure that the acts
of their component units are within the scope of their prescribed powers and
functions.
Section 5. Each local
government unit shall have the power to create its own sources of revenues and
to levy taxes, fees and charges subject to such guidelines and limitations as
the Congress may provide, consistent with the basic policy of local autonomy.
Such taxes, fees, and charges shall accrue exclusively to the local
governments.
Section 6. Local government
units shall have a just share, as determined by law, in the national taxes
which shall be automatically released to them.
Section 7. Local
governments shall be entitled to an equitable share in the proceeds of the
utilization and development of the national wealth within their respective
areas, in the manner provided by law, including sharing the same with the
inhabitants by way of direct benefits.
Section 8. The term of
office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for
more than three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected.
Section 9. Legislative
bodies of local governments shall have sectoral representation as may be
prescribed by law.
Section 10. No province,
city, municipality, or barangay may be created, divided, merged, abolished, or
its boundary substantially altered, except in accordance with the criteria
established in the local government code and subject to approval by a majority
of the votes cast in a plebiscite in the political units directly affected.
Section 11. The Congress
may, by law, create special metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The component cities and
municipalities shall retain their basic autonomy and shall be entitled to their
own local executive and legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be created shall be limited to basic
services requiring coordination.
Section 12. Cities that
are highly urbanized, as determined by law, and component cities whose charters
prohibit their voters from voting for provincial elective officials, shall be
independent of the province. The voters of component cities within a province,
whose charters contain no such prohibition, shall not be deprived of their
right to vote for elective provincial officials.
Section 13. Local
government units may group themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly beneficial to them in accordance
with law.
Section 14. The
President shall provide for regional development councils or other similar
bodies composed of local government officials, regional heads of departments
and other government offices, and representatives from non-governmental
organizations within the regions for purposes of administrative
decentralization to strengthen the autonomy of the units therein and to
accelerate the economic and social growth and development of the units in the
region.
AUTONOMOUS REGIONS
Section 15. There shall
be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework of this Constitution
and the national sovereignty as well as territorial integrity of the Republic
of the Philippines.
Section 16. The
President shall exercise general supervision over autonomous regions to ensure
that laws are faithfully executed.
Section 17. All powers,
functions, and responsibilities not granted by this Constitution or by law to
the autonomous regions shall be vested in the National Government.
Section 18. The Congress
shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of
representatives appointed by the President from a list of nominees from
multi-sectoral bodies. The organic act shall define the basic structure of
government for the region consisting of the executive department and
legislative assembly, both of which shall be elective and representative of the
constituent political units. The organic acts shall likewise provide for
special courts with personal, family, and property law jurisdiction consistent
with the provisions of this Constitution and national laws.
The creation of the
autonomous region shall be effective when approved by majority of the votes
cast by the constituent units in a plebiscite called for the purpose, provided
that only provinces, cities, and geographic areas voting favorably in such
plebiscite shall be included in the autonomous region.
Section 19. The first
Congress elected under this Constitution shall, within eighteen months from the
time of organization of both Houses, pass the organic acts for the autonomous
regions in Muslim Mindanao and the Cordilleras.
Section 20. Within its
territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions shall provide for
legislative powers over:
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 cultural heritage; and
Such other matters as may be
authorized by law for the promotion of the general welfare of the people of the
region.
Section 21. The
preservation of peace and order within the regions shall be the responsibility
of the local police agencies which shall be organized, maintained, supervised,
and utilized in accordance with applicable laws. The defense and security of
the regions shall be the responsibility of the National Government.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office
is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and lead modest
lives.
Section 2. The
President, the Vice-President, the Members of the Supreme Court, the Members of
the Constitutional Commissions, and the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust. All other public officers and employees may be removed from
office as provided by law, but not by impeachment.
Section 3.
The House of Representatives
shall have the exclusive power to initiate all cases of impeachment.
A verified complaint for
impeachment may be filed by any Member of the House of Representatives or by
any citizen upon a resolution or endorsement by any Member thereof, which shall
be included in the Order of Business within ten session days, and referred to
the proper Committee within three session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members, shall submit its report to
the House within sixty session days from such referral, together with the
corresponding resolution. The resolution shall be calendared for consideration
by the House within ten session days from receipt thereof.
A vote of at least one-third
of all the Members of the House shall be necessary either to affirm a favorable
resolution with the Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.
In case the verified
complaint or resolution of impeachment is filed by at least one-third of all
the Members of the House, the same shall constitute the Articles of
Impeachment, and trial by the Senate shall forthwith proceed.
No impeachment proceedings
shall be initiated against the same official more than once within a period of
one year.
The Senate shall have the
sole power to try and decide all cases of impeachment. When sitting for that
purpose, the Senators shall be on oath or affirmation. When the President of
the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote. No person shall be convicted without the
concurrence of two-thirds of all the Members of the Senate.
Judgment in cases of
impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but
the party convicted shall nevertheless be liable and subject to prosecution,
trial, and punishment, according to law.
The Congress shall promulgate
its rules on impeachment to effectively carry out the purpose of this section.
Section 4. The present
anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.
Section 5. There is
hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy
each for Luzon, Visayas, and Mindanao. A separate Deputy for the military
establishment may likewise be appointed.
Section 6. The officials
and employees of the Office of the Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil Service Law.
Section 7. The existing
Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It
shall continue to function and exercise its powers as now or hereafter may be
provided by law, except those conferred on the Office of the Ombudsman created
under this Constitution.
Section 8. The Ombudsman
and his Deputies shall be natural-born citizens of the Philippines, and at the
time of their appointment, at least forty years old, of recognized probity and
independence, and members of the Philippine Bar, and must not have been
candidates for any elective office in the immediately preceding election. The
Ombudsman must have, for ten years or more, been a judge or engaged in the
practice of law in the Philippines.
During their tenure, they
shall be subject to the same disqualifications and prohibitions as provided for
in Section 2 of Article 1X-A of this Constitution.
Section 9. The Ombudsman
and his Deputies shall be appointed by the President from a list of at least
six nominees prepared by the Judicial and Bar Council, and from a list of three
nominees for every vacancy thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within three months after they
occur.
Section 10. The
Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the
same salary which shall not be decreased during their term of office.
Section 11. The
Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the
election immediately succeeding their cessation from office.
Section 12. The
Ombudsman and his Deputies, as protectors of the people, shall act promptly on
complaints filed in any form or manner against public officials or employees of
the Government, or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations, and shall, in
appropriate cases, notify the complainants of the action taken and the result
thereof.
Section 13. The Office
of the Ombudsman shall have the following powers, functions, and duties:
Investigate on its own, or on
complaint by any person, any act or omission of any public official, employee,
office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.
Direct, upon complaint or at
its own instance, any public official or employee of the Government, or any
subdivision, agency or instrumentality thereof, as well as of any government-owned
or controlled corporation with original charter, to perform and expedite any
act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
Direct the officer concerned
to take appropriate action against a public official or employee at fault, and
recommend his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith.
Direct the officer concerned,
in any appropriate case, and subject to such limitations as may be provided by
law, to furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or use of
public funds or properties, and report any irregularity to the Commission on
Audit for appropriate action.
Request any government agency
for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and
documents.
Publicize matters covered by
its investigation when circumstances so warrant and with due prudence.
Determine the causes of
inefficiency, red tape, mismanagement, fraud, and corruption in the Government
and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.
Promulgate its rules of
procedure and exercise such other powers or perform such functions or duties as
may be provided by law.
Section 14. The Office
of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.
Section 15. The right of
the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred
by prescription, laches, or estoppel.
Section 16. No loan, guaranty,
or other form of financial accommodation for any business purpose may be
granted, directly or indirectly, by any government-owned or controlled bank or
financial institution to the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions,
the Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure.
Section 17. A public
officer or employee shall, upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President, the Vice-President,
the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of the armed forces
with general or flag rank, the declaration shall be disclosed to the public in
the manner provided by law.
Section 18. Public
officers and employees owe the State and this Constitution allegiance at all
times and any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure shall
be dealt with by law.
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
NATIONAL ECONOMY AND PATRIMONY
Section 1. The goals of
the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding
productivity as the key to raising the quality of life for all, especially the
underprivileged.
The State shall promote
industrialization and full employment based on sound agricultural development
and agrarian reform, through industries that make full of efficient use of
human and natural resources, and which are competitive in both domestic and
foreign markets. However, the State shall protect Filipino enterprises against
unfair foreign competition and trade practices.
In the pursuit of these
goals, all sectors of the economy and all region s of the country shall be
given optimum opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective organizations, shall be
encouraged to broaden the base of their ownership.
Section 2. All lands of
the public domain, waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State. The State may
directly undertake such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least 60 per centum of whose capital is owned
by such citizens. Such agreements may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and under such terms and
conditions as may provided by law. In cases of water rights for irrigation,
water supply, fisheries, or industrial uses other than the development of
waterpower, beneficial use may be the measure and limit of the grant.
The State shall protect the
nations marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law,
allow small-scale utilization of natural resources by Filipino citizens, as
well as cooperative fish farming, with priority to subsistence fishermen and
fish workers in rivers, lakes, bays, and lagoons.
The President may enter into
agreements with foreign-owned corporations involving either technical or
financial assistance for large-scale exploration, development, and utilization
of minerals, petroleum, and other mineral oils according to the general terms
and conditions provided by law, based on real contributions to the economic
growth and general welfare of the country. In such agreements, the State shall
promote the development and use of local scientific and technical resources.
The President shall notify
the Congress of every contract entered into in accordance with this provision,
within thirty days from its execution.
Section 3. Lands of the
public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further classified
by law according to the uses to which they may be devoted. Alienable lands of
the public domain shall be limited to agricultural lands. Private corporations
or associations may not hold such alienable lands of the public domain except
by lease, for a period not exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares, or
acquire not more than twelve hectares thereof, by purchase, homestead, or
grant.
Taking into account the
requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size
of lands of the public domain which may be acquired, developed, held, or leased
and the conditions therefor.
Section 4. The Congress
shall, as soon as possible, determine, by law, the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be conserved and may not
be increased nor diminished, except by law. The Congress shall provide for such
period as it may determine, measures to prohibit logging in endangered forests
and watershed areas.
Section 5. The State,
subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social, and
cultural well-being.
The Congress may provide for
the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain.
Section 6. The use of
property bears a social function, and all economic agents shall contribute to
the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to
own, establish, and operate economic enterprises, subject to the duty of the
State to promote distributive justice and to intervene when the common good so
demands.
Section 7. Save in cases
of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or
hold lands of the public domain.
Section 8. Notwithstanding
the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law.
Section 9. The Congress
may establish an independent economic and planning agency headed by the
President, which shall, after consultations with the appropriate public
agencies, various private sectors, and local government units, recommend to
Congress, and implement continuing integrated and coordinated programs and
policies for national development.
Until the Congress provides
otherwise, the National Economic and Development Authority shall function as
the independent planning agency of the government.
Section 10. The Congress
shall, upon recommendation of the economic and planning agency, when the
national interest dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of whose capital is
owned by such citizens, or such higher percentage as Congress may prescribe,
certain areas of investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose capital is wholly
owned by Filipinos.
In the grant of rights,
privileges, and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.
The State shall regulate and
exercise authority over foreign investments within its national jurisdiction
and in accordance with its national goals and priorities.
Section 11. No
franchise, certificate, or any other form of authorization for the operation of
a public utility shall be granted except to citizens of the Philippines or to
corporations or associations organized under the laws of the Philippines, at
least sixty per centum of whose capital is owned by such citizens; nor shall
such franchise, certificate, or authorization be exclusive in character or for
a longer period than fifty years. Neither shall any such franchise or right be
granted except under the condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the common good so requires. The
State shall encourage equity participation in public utilities by the general
public. The participation of foreign investors in the governing body of any
public utility enterprise shall be limited to their proportionate share in its
capital, and all the executive and managing officers of such corporation or
association must be citizens of the Philippines.
Section 13. The State
shall pursue a trade policy that serves the general welfare and utilizes all
forms and arrangements of exchange on the basis of equality and reciprocity.
Section 14. The
sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical
manpower and skilled workers and craftsmen in all fields shall be promoted by
the State. The State shall encourage appropriate technology and regulate its
transfer for the national benefit. The practice of all professions in the
Philippines shall be limited to Filipino citizens, save in cases prescribed by
law.
Section 15. The
Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.
Section 16. The Congress
shall not, except by general law, provide for the formation, organization, or
regulation of private corporations. Government-owned or controlled corporations
may be created or established by special charters in the interest of the common
good and subject to the test of economic viability.
Section 18. The State
may, in the interest of national welfare or defense, establish and operate
vital industries and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be operated by the
Government.
Section 19. The State
shall regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.
Section 20. The
Congress shall establish an independent central monetary authority, the members
of whose governing board must be natural-born Filipino citizens, of known
probity, integrity, and patriotism, the majority of whom shall come from the
private sector. They shall also be subject to such other qualifications and
disabilities as may be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall have supervision
over the operations of banks and exercise such regulatory powers as may be
provided by law over the operations of finance companies and other institutions
performing similar functions.
Until the Congress
otherwise provides, the Central Bank of the Philippines operating under
existing laws, shall function as the central monetary authority.
Section 21. Foreign
loans may only be incurred in accordance with law and the regulation of the
monetary authority. Information on foreign loans obtained or guaranteed by the
Government shall be made available to the public.
Section 22. Acts
which circumvent or negate any of the provisions of this Article shall be
considered inimical to the national interest and subject to criminal and civil
sanctions, as may be provided by law.
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. The Congress
shall give highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic,
and political inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good.
To this end, the State shall
regulate the acquisition, ownership, use, and disposition of property and its
increments.
Section 2. The promotion
of social justice shall include the commitment to create economic opportunities
based on freedom of initiative and self-reliance.
LABOR
Section 3. The State
shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment
opportunities for all.
It shall guarantee the rights
of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance
with law. They shall be entitled to security of tenure, humane conditions of
work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as may be
provided by law.
The State shall promote the
principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster
industrial peace.
The State shall regulate the
relations between workers and employers, recognizing the right of labor to its
just share in the fruits of production and the right of enterprises to
reasonable returns to investments, and to expansion and growth.
AGRARIAN AND NATURAL
RESOURCES REFORM
Section 4. The State
shall, by law, undertake an agrarian reform program founded on the right of
farmers and regular farmworkers who are landless, to own directly or
collectively the lands they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof. To this end, the State shall
encourage and undertake the just distribution of all agricultural lands,
subject to such priorities and reasonable retention limits as the Congress may
prescribe, taking into account ecological, developmental, or equity
considerations, and subject to the payment of just compensation. In determining
retention limits, the State shall respect the right of small landowners. The
State shall further provide incentives for voluntary land-sharing.
Section 5. The State
shall recognize the right of farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers' organizations to participate in
the planning, organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research, and
adequate financial, production, marketing, and other support services.
Section 6. The State
shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other
natural resources, including lands of the public domain under lease or
concession suitable to agriculture, subject to prior rights, homestead rights
of small settlers, and the rights of indigenous communities to their ancestral
lands. The State may resettle landless farmers and farmworkers in its own
agricultural estates which shall be distributed to them in the manner provided
by law.
Section 7. The State
shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal marine and fishing
resources, both inland and offshore. It shall provide support to such fishermen
through appropriate technology and research, adequate financial, production,
and marketing assistance, and other services. The State shall also protect,
develop, and conserve such resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers
shall receive a just share from their labor in the utilization of marine and
fishing resources.
Section 8. The State
shall provide incentives to landowners to invest the proceeds of the agrarian
reform program to promote industrialization, employment creation, and
privatization of public sector enterprises. Financial instruments used as
payment for their lands shall be honored as equity in enterprises of their
choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State
shall, by law, and for the common good, undertake, in cooperation with the
private sector, a continuing program of urban land reform and housing which
will make available at affordable cost, decent housing and basic services to
under-privileged and homeless citizens in urban centers and resettlement areas.
It shall also promote adequate employment opportunities to such citizens. In
the implementation of such program the State shall respect the rights of small
property owners.
Section 10. Urban or
rural poor dwellers shall not be evicted nor their dwelling demolished, except
in accordance with law and in a just and humane manner.
No resettlement of urban or
rural dwellers shall be undertaken without adequate consultation with them and
the communities where they are to be relocated.
HEALTH
Section 11. The State
shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the
needs of the under-privileged, sick, elderly, disabled, women, and children.
The State shall endeavor to provide free medical care to paupers.
Section 12. The State
shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health, manpower development, and research, responsive to
the country's health needs and problems.
Section 13. The State
shall establish a special agency for disabled person for their rehabilitation,
self-development, and self-reliance, and their integration into the mainstream
of society.
WOMEN
Section 14. The State
shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their
full potential in the service of the nation.
ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS
Section 15. The State shall
respect the role of independent people's organizations to enable the people to
pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.
People's organizations are
bona fide associations of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership, and structure.
Section 16. The right of
the people and their organizations to effective and reasonable participation at
all levels of social, political, and economic decision-making shall not be
abridged. The State shall, by law, facilitate the establishment of adequate
consultation mechanisms.
HUMAN RIGHTS
Section 17.
There is hereby created an
independent office called the Commission on Human Rights.
The Commission shall be
composed of a Chairman and four Members who must be natural-born citizens of
the Philippines and a majority of whom shall be members of the Bar. The term of
office and other qualifications and disabilities of the Members of the
Commission shall be provided by law.
Until this Commission is
constituted, the existing Presidential Committee on Human Rights shall continue
to exercise its present functions and powers.
The approved annual
appropriations of the Commission shall be automatically and regularly released.
Section 18. The
Commission on Human Rights shall have the following powers and functions:
Investigate, on its own or on
complaint by any party, all forms of human rights violations involving civil
and political rights;
Adopt its operational
guidelines and rules of procedure, and cite for contempt for violations thereof
in accordance with the Rules of Court;
Provide appropriate legal
measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the under-privileged whose human 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 for the
primacy of human rights;
Recommend to Congress
effective measures to promote human rights and to provide for compensation to
victims of violations of human rights, or their families;
Monitor the Philippine
Government's compliance with international treaty obligations on human rights;
Grant immunity from
prosecution to any person whose testimony or whose possession of documents or
other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;
Request the assistance of any
department, bureau, office, or agency in the performance of its functions;
Appoint its officers and
employees in accordance with law; and
Perform such other duties and
functions as may be provided by law.
Section 19. The Congress
may provide for other cases of violations of human rights that should fall
within the authority of the Commission, taking into account its recommendations.
ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION
Section 1. The State
shall protect and promote the right of all citizens to quality education at all
levels, and shall take appropriate steps to make such education accessible to
all.
Section 2. The State
shall:
Establish, maintain, and
support a complete, adequate, and integrated system of education relevant to
the needs of the people and society;
Establish and maintain, a
system of free public education in the elementary and high school levels.
Without limiting the natural rights of parents to rear their children, elementary
education is compulsory for all children of school age;
Establish and maintain a
system of scholarship grants, student loan programs, subsidies, and other
incentives which shall be available to deserving students in both public and
private schools, especially to the under-privileged;
Encourage non-formal,
informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond
to community needs; and
Provide adult citizens, the
disabled, and out-of-school youth with training in civics, vocational
efficiency, and other skills.
Section 3.
All educational institutions
shall include the study of the Constitution as part of the curricula.
They shall inculcate
patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of
the country, teach the rights and duties of citizenship, strengthen ethical and
spiritual values, develop moral character and personal discipline, encourage
critical and creative thinking, broaden scientific and technological knowledge,
and promote vocational efficiency.
At the option expressed in
writing by the parents or guardians, religion shall be allowed to be taught to
their children or wards in public elementary and high schools within the
regular class hours by instructors designated or approved by the religious
authorities of the religion to which the children or wards belong, without
additional cost to the Government.
Section 4.
The State recognizes the
complementary roles of public and private institutions in the educational
system and shall exercise reasonable supervision and regulation of all
educational institutions.
Educational institutions,
other than those established by religious groups and mission boards, shall be
owned solely by citizens of the Philippines or corporations or associations at
least sixty per centum of the capital of which is owned by such citizens. The
Congress may, however, require increased Filipino equity participation in all
educational institutions. The control and administration of educational
institutions shall be vested in citizens of the Philippines.
No educational institution
shall be established exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in any school. The provisions of
this sub section shall not apply to schools established for foreign diplomatic
personnel and their dependents and, unless otherwise provided by law, for other
foreign temporary residents.
All revenues and assets of
non-stock, non-profit educational institutions used actually, directly, and
exclusively for educational purposes shall be exempt from taxes and duties.
Upon the dissolution or cessation of the corporate existence of such
institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational
institutions, including those cooperatively owned, may likewise be entitled to
such exemptions, subject to the limitations provided by law, including
restrictions on dividends and provisions for reinvestment.
Subject to conditions
prescribed by law, all grants, endowments, donations, or contributions used
actually, directly, and exclusively for educational purposes shall be exempt
from tax.
Section 5.
the State shall take into
account regional and sectoral needs and conditions and shall encourage local
planning in the development of educational policies and programs.
Academic freedom shall be
enjoyed in all institutions of higher learning.
Every citizen has a right to
select a profession or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
The State shall enhance the
right of teachers to professional advancement. Non-teaching academic and
non-academic personnel shall enjoy the protection of the State.
The State shall assign the
highest budgetary priority to education and ensure that teaching will attract
and retain its rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.
LANGUAGE
Section 6. The national
language of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law
and as the Congress may deem appropriate, the Government shall take steps to
initiate and sustain the use of Filipino as a medium of official communication
and as language of instruction in the educational system.
Section 7. For purposes
of communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.
The regional languages are
the auxiliary official languages in the regions and shall serve as auxiliary
media of instruction therein.
Spanish and Arabic shall be
promoted on a voluntary and optional basis.
Section 8. This
Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.
Section 9. The Congress
shall establish a national language commission composed of representatives of
various regions and disciplines which shall undertake, coordinate, and promote
researches for the development, propagation, and preservation of Filipino and
other languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and
technology are essential for national development and progress. The State shall
give priority to research and development, invention, innovation, and their
utilization; and to science and technology education, training, and services.
It shall support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the country's productive
systems and national life.
Section 11. The Congress
may provide for incentives, including tax deductions, to encourage private
participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to
deserving science students, researchers, scientists, inventors, technologists,
and specially gifted citizens.
Section 12. The State
shall regulate the transfer and promote the adaptation of technology from all
sources for the national benefit. It shall encourage the widest participation
of private groups, local governments, and community-based organizations in the
generation and utilization of science and technology.
Section 13. The State
shall protect and secure the exclusive rights of scientists, inventors,
artists, and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such period as may
be provided by law.
ARTS AND CULTURE
Section 14. The State
shall foster the preservation, enrichment, and dynamic evolution of a Filipino
national culture based on the principle of unity in diversity in a climate of
free artistic and intellectual expression.
Section 15. Arts and
letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and cultural heritage and
resources, as well as artistic creations.
Section 16. All the
country's artistic and historic wealth constitutes the cultural treasure of the
nation and shall be under the protection of the State which may regulate its
disposition.
Section 17. The State
shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and
institutions. It shall consider these rights in the formulation of national
plans and policies.
Section 18.
The State shall ensure equal
access to cultural opportunities through the educational system, public or
private cultural entities, scholarships, grants and other incentives, and
community cultural centers, and other public venues.
The State shall encourage and
support researches and studies on the arts and culture.
SPORTS
Section 19.
The State shall promote
physical education and encourage sports programs, league competitions, and
amateur sports, including training for international competitions, to foster
self-discipline, teamwork, and excellence for the development of a healthy and
alert citizenry.
All educational institutions
shall undertake regular sports activities throughout the country in cooperation
with athletic clubs and other sectors.
ARTICLE XV
THE FAMILY
THE FAMILY
Section 1. The State
recognizes the Filipino family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development.
Section 2. Marriage, as
an inviolable social institution, is the foundation of the family and shall be
protected by the State.
Section 3. The State
shall defend:
The right of spouses to found
a family in accordance with their religious convictions and the demands of
responsible parenthood;
The right of children to
assistance, including proper care and nutrition, and special protection from
all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development;
The right of the family to a
family living wage and income; and
The right of families or
family associations to participate in the planning and implementation of
policies and programs that affect them.
Section 4. The family
has the duty to care for its elderly members but the State may also do so
through just programs of social security.
ARTICLE XVI
GENERAL PROVISIONS
GENERAL PROVISIONS
Section 1. The flag of
the Philippines shall be red, white, and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.
Section 2. The Congress
may, by law, adopt a new name for the country, a national anthem, or a national
seal, which shall all be truly reflective and symbolic of the ideals, history,
and traditions of the people. Such law shall take effect only upon its
ratification by the people in a national referendum.
Section 3. The State may
not be sued without its consent.
Section 4. The Armed
Forces of the Philippines shall be composed of a citizen armed force which
shall undergo military training and serve as may be provided by law. It shall
keep a regular force necessary for the security of the State.
Section 5.
All members of the armed
forces shall take an oath or affirmation to uphold and defend this
Constitution.
The State shall strengthen
the patriotic spirit and nationalist consciousness of the military, and respect
for people's rights in the performance of their duty.
Professionalism in the armed
forces and adequate remuneration and benefits of its members shall be a prime
concern of the State. The armed forces shall be insulated from partisan
politics. No member of the military shall engage, directly or indirectly, in
any partisan political activity, except to vote.
No member of the armed forces
in the active service shall, at any time, be appointed or designated in any
capacity to a civilian position in the Government, including government-owned
or controlled corporations or any of their subsidiaries.
Laws on retirement of
military officers shall not allow extension of their service.
The officers and men of the
regular force of the armed forces shall be recruited proportionately from all
provinces and cities as far as practicable.
The tour of duty of the Chief
of Staff of the armed forces shall not exceed three years. However, in times of
war or other national emergency declared by the Congress, the President may
extend such tour of duty.
Section 6. The State shall
establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a national police
commission. The authority of local executives over the police units in their
jurisdiction shall be provided by law.
Section 7. The State
shall provide immediate and adequate care, benefits, and other forms of
assistance to war veterans and veterans of military campaigns, their surviving
spouses and orphans. Funds shall be provided therefor and due consideration
shall be given them in the disposition of agricultural lands of the public
domain and, in appropriate cases, in the utilization of natural resources.
Section 8. The State
shall, from time to time, review to increase the pensions and other benefits
due to retirees of both the government and the private sectors.
Section 9. The State
shall protect consumers from trade malpractices and from substandard or
hazardous products.
Section 10. The State
shall provide the policy environment for the full development of Filipino
capability and the emergence of communication structures suitable to the needs
and aspirations of the nation and the balanced flow of information into, out
of, and across the country, in accordance with a policy that respects the
freedom of speech and of the press.
Section 11.
The ownership and management
of mass media shall be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, wholly-owned and managed by such
citizens.
The Congress shall regulate
or prohibit monopolies in commercial mass media when the public interest so
requires. No combinations in restraint of trade or unfair competition therein
shall be allowed.
The advertising industry is
impressed with public interest, and shall be regulated by law for the
protection of consumers and the promotion of the general welfare.
Only Filipino citizens or
corporations or associations at least seventy per centum of the capital of
which is owned by such citizens shall be allowed to engage in the advertising
industry.
The participation of foreign
investors in the governing body of entities in such industry shall be limited
to their proportionate share in the capital thereof, and all the executive and
managing officers of such entities must be citizens of the Philippines.
Section 12. The Congress
may create a consultative body to advise the President on policies affecting
indigenous cultural communities, the majority of the members of which shall
come from such communities.
ARTICLE XVII
AMENDMENTS OR REVISIONS
AMENDMENTS OR REVISIONS
Section 1. Any amendment
to, or revision of, this Constitution may be proposed by:
The Congress, upon a vote of
three-fourths of all its Members; or
A constitutional convention.
Section 2. Amendments to
this Constitution may likewise be directly proposed by the people through initiative
upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least
three per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification of
this Constitution nor oftener than once every five years thereafter.
The Congress shall provide
for the implementation of the exercise of this right.
Section 3. The Congress
may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate
the question of calling such a convention.
Section 4.Any amendment to,
or revision of, this Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the approval of
such amendment or revision.
Any amendment under Section 2
hereof shall be valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days nor later than
ninety days after the certification by the Commission on Elections of the
sufficiency of the petition.
ARTICLE XVIII
TRANSITORY PROVISIONS
TRANSITORY PROVISIONS
Section 1. The first
elections of Members of the Congress under this Constitution shall be held on
the second Monday of May, 1987.
The first local elections
shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include
the election of all Members of the city or municipal councils in the
Metropolitan Manila area.
Section 2. The Senators,
Members of the House of Representatives, and the local officials first elected
under this Constitution shall serve until noon of June 30, 1992.
Of the Senators elected in
the elections in 1992, the first twelve obtaining the highest number of votes
shall serve for six years and the remaining twelve for three years.
Section 3. All existing
laws, decrees, executive orders, proclamations, letters of instructions, and
other executive issuances not inconsistent with this Constitution shall remain
operative until amended, repealed, or revoked.
Section 4. All existing
treaties or international agreements which have not been ratified shall not be
renewed or extended without the concurrence of at least two-thirds of all the
Members of the Senate.
Section 5. The six-year
term of the incumbent President and Vice-President elected in the February 7,
1986 election is, for purposes of synchronization of elections, hereby extended
to noon of June 30, 1992.
The first regular elections
for the President and Vice-President under this Constitution shall be held on
the second Monday of May, 1992.
Section 6. The incumbent
President shall continue to exercise legislative powers until the first
Congress is convened.
Section 7. Until a law
is passed, the President may fill by appointment from a list of nominees by the
respective sectors, the seats reserved for sectoral representation in paragraph
(2), Section 5 of Article V1 of this Constitution.
Section 8. Until
otherwise provided by the Congress, the President may constitute the
Metropolitan Manila Authority to be composed of the heads of all local government
units comprising the Metropolitan Manila area.
Section 9. A
sub-province shall continue to exist and operate until it is converted into a
regular province or until its component municipalities are reverted to the
mother province.
Section 10. All courts
existing at the time of the ratification of this Constitution shall continue to
exercise their jurisdiction, until otherwise provided by law. The provisions of
the existing Rules of Court, judiciary acts, and procedural laws not
inconsistent with this Constitution shall remain operative unless amended or
repealed by the Supreme Court or the Congress.
Section 11. The
incumbent Members of the Judiciary shall continue in office until they reach
the age of seventy years or become incapacitated to discharge the duties of
their office or are removed for cause.
Section 12. The Supreme
Court shall, within one year after the ratification of this Constitution, adopt
a systematic plan to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to the effectivity of
this Constitution. A similar plan shall be adopted for all special courts and
quasi-judicial bodies.
Section 13. The legal
effect of the lapse, before the ratification of this Constitution, of the
applicable period for the decision or resolution of the cases or matters
submitted for adjudication by the courts, shall be determined by the Supreme
Court as soon as practicable.
Section 14. The
provisions of paragraphs (3) and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed before the ratification of
this Constitution, when the applicable period lapses after such ratification.
Section 15. The
incumbent Members of the Civil Service Commission, the Commission on Elections,
and the Commission on Audit shall continue in office for one year after the
ratification of this Constitution, unless they are sooner removed for cause or
become incapacitated to discharge the duties of their office or appointed to a
new term thereunder. In no case shall any Member serve longer than seven years
including service before the ratification of this Constitution.
Section 16. Career civil
service employees separated from the service not for cause but as a result of
the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this Constitution shall be
entitled to appropriate separation pay and to retirement and other benefits
accruing to them under the laws of general application in force at the time of
their separation. In lieu thereof, at the option of the employees, they may be
considered for employment in the Government or in any of its subdivisions,
instrumentalities, or agencies, including government-owned or controlled
corporations and their subsidiaries. This provision also applies to career
officers whose resignation, tendered in line with the existing policy, had been
accepted.
Section 17. Until the
Congress provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of the Senate,
the Speaker of the House of Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand pesos each; the Senators, the Members
of the House of Representatives, the Associate Justices of the Supreme Court,
and the Chairmen of the Constitutional Commissions, two hundred four thousand
pesos each; and the Members of the Constitutional Commissions, one hundred
eighty thousand pesos each.
Section 18. At the
earliest possible time, the Government shall increase the salary scales of the
other officials and employees of the National Government.
Section 19. All
properties, records, equipment, buildings, facilities, and other assets of any
office or body abolished or reorganized under Proclamation No. 3 dated March
25, 1986 or this Constitution shall be transferred to the office or body to
which its powers, functions, and responsibilities substantially pertain.
Section 20. The first
Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.
Section 21. The Congress
shall provide efficacious procedures and adequate remedies for the reversion to
the State of all lands of the public domain and real rights connected therewith
which were acquired in violation of the Constitution or the public land laws,
or through corrupt practices. No transfer or disposition of such lands or real
rights shall be allowed until after the lapse of one year from the ratification
of this Constitution.
Section 22. At the
earliest possible time, the Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for distribution to the
beneficiaries of the agrarian reform program.
Section 23. Advertising
entities affected by paragraph (2), Section 11 of Article XV1 of this
Constitution shall have five years from its ratification to comply on a
graduated and proportionate basis with the minimum Filipino ownership
requirement therein.
Section 24. Private
armies and other armed groups not recognized by duly constituted authority
shall be dismantled. All paramilitary forces including Civilian Home Defense
Forces not consistent with the citizen armed force established in this
Constitution, shall be dissolved or, where appropriate, converted into the
regular force.
Section 25. After the
expiration in 1991 of the Agreement between the Republic of the Philippines and
the United States of America concerning military bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except under a treaty
duly concurred in by the Senate and, when the Congress so requires, ratified by
a majority of the votes cast by the people in a national referendum held for
that purpose, and recognized as a treaty by the other contracting State.
Section 26. The authority
to issue sequestration or freeze orders under Proclamation No. 3 dated March
25, 1986 in relation to the recovery of ill-gotten wealth shall remain
operative for not more than eighteen months after the ratification of this
Constitution. However, in the national interest, as certified by the President,
the Congress may extend such period.
A sequestration or freeze
order shall be issued only upon showing of a prima facie case. The order and
the list of the sequestered or frozen properties shall forthwith be registered
with the proper court. For orders issued before the ratification of this
Constitution, the corresponding judicial action or proceeding shall be filed
within six months from its ratification. For those issued after such
ratification, the judicial action or proceeding shall be commenced within six
months from the issuance thereof.
The sequestration or freeze
order is deemed automatically lifted if no judicial action or proceeding is
commenced as herein provided.
Section 27. This
Constitution shall take effect immediately upon its ratification by a majority
of the votes cast in a plebiscite held for the purpose and shall supersede all
previous Constitutions.
The foregoing proposed
Constitution of the Republic of the Philippines was approved by the
Constitutional Commission of 1986 on the twelfth day of October, Nineteen
hundred and eighty-six, and accordingly signed on the fifteenth day of October,
Nineteen hundred and eighty-six at the Plenary Hall, National Government
Center, Quezon City, by the Commissioners whose signatures are hereunder
affixed.
Adopted:
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President
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: Cecilia Munoz Palma
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Vice-President
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: Ambrosio B. Padilla
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Floor Leader
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: Napoleon G. Rama
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Assistant Floor Leaders
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: Ahmad Domocao Alonto
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: Jose D. Calderon
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Yusuf R. Abubakar
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Felicitas S. Aquino
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Adolfo S. Azcuna
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Teodoro C. Bacani
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Jose F. S. Bengzon, Jr.
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Ponciano L. Bennagen
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Joaquin G. Bernas
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Florangel Rosario Braid
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Crispino M. de Castro
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Jose C. Colayco
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Roberto R. Concepcion
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Hilario G. Davide, Jr.
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Vicente B. Foz
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Edmundo G. Garcia
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Jose Luis Martin C. Gascon
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Serafin V.C. Guingona
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Alberto M. K. Jamir
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Jose B. Laurel, Jr.
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Eulogio R. Lerum
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Regalado E. Maambong
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Christian S. Monsod
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Teodulo C. Natividad
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Ma. Teresa F. Nieva
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Jose N. Nolledo
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Blas F. Ople
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Minda Luz M. Quesada
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Florenz D. Regalado
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Rustico F. de los Reyes,
Jr.
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Cirilo A. Rigos
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Francisco A. Rodrigo
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Ricardo J. Romulo
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Decoroso R. Rosales
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Rene V. Sarmiento
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Jose E. Suarez
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Lorenzo M. Sumulong
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Jaime S. L. Tadeo
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Christine O. Tan
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Gregorio J. Tingson
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Efrain B. Trenas
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Lugum L. Uka
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Wilfrido V. Villacorta
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Bernardo M. Villegas
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Attested by :
Flerida Ruth P. Romero
Secretary-General
ORDINANCE
APPORTIONING THE SEATS OF THE HOUSE OF REPRESENTATIVES
OF THE CONGRESS OF THE PHILIPPINES TO THE DIFFERENT LEGISLATIVE DISTRICTS
IN PROVINCES AND CITIES AND THE METROPOLITAN MANILA AREA
APPORTIONING THE SEATS OF THE HOUSE OF REPRESENTATIVES
OF THE CONGRESS OF THE PHILIPPINES TO THE DIFFERENT LEGISLATIVE DISTRICTS
IN PROVINCES AND CITIES AND THE METROPOLITAN MANILA AREA
Section 1. For purposes
of the election of Members of the House of Representatives of the First
Congress of the Philippines under the Constitution proposed by the 1986
Constitutional Commission and subsequent elections, and until otherwise
provided by law, the Members thereof shall be elected from legislative
districts apportioned among the provinces, cities, and the Metropolitan Manila
Area as follows:
Metropolitan Manila Area
MANILA, six (6) -
First District: Barangays
Nos.1-146,
N-City Boundary between
Manila and Caloocan;
E - From Estero de Sunog Apog
going South to Estero de Vitas up to the bridge spanning Juan Luna Street,
eastward to Tayuman Street up to the Railroad Tracks along Dagupan
Street,thence southward to Claro M. Recto Avenue;
SE - From point Claro M.
Recto Avenue extending westward to Manila Bay;
W - Manila Bay northward to
City boundary between Manila and Caloocan.
Second District: Barangays
Nos. 147-267,
N - City boundary between
Manila and Caloocan;
E - From end of Rizal Avenue
Extension extending southward to Railroad Tracks at Antipolo Street; from
corner Antipolo Street and Rizal Avenue on southern side of Railroad Tracks
extending westward to Estero de San Lazaro, southward along Estero de San
Lazaro up to corner of C. M. Recto Avenue westward to bridge spanning Claro M.
Recto at Estero de la Reina;
W - Estero de la Reina to
Estero de Vitas to Estero Sunog Apog to City boundary between Manila and
Caloocan;
Third District: Barangays
Nos. 268-394,
N - City boundary between
Manila and Caloocan;
E - A. Bonifacio Street
extending southward to Dimasalang, to Anda-lucia, Claro M. Recto Avenue
eastward to Estero de San Miguel ending at Pasig River;
S - Mouth of Estero de San
Miguel at Pasig River, westward to Del Pan Bridge, thence to Del Pan Street;
W - Del Pan Street northward
up to Claro M. Recto Extension to Estero de San Lazaro, northward to Antipolo
Street, eastward to Rizal Avenue Extension, northward to boundary between
Manila and Caloocan;
Fourth District: Barangays
Nos. 395 - 586,
SW - Estero de San Miguel up
to Mendiola Bridge, thence to C. M. Recto Avenue to Quezon Boulevard;
W - Quezon Boulevard,
Andalucia, Dimasalang up to boundary between Manila and Quezon City;
NE - City boundary between
Manila and Quezon City up to Ramon Magsaysay Boulevard; SE - Ramon Magsaysay
Boulevard up to V. Mapa Street;
S - Ramon Magsaysay Boulevard
up to point Estero de San Miguel where Ramon Magsaysay Boulevard spans Estero
de San Miguel;
Fifth District: Barangays
Nos. 649-828,
N - Mouth of Pasig River
inland to point Paz M. Guanzon Street extending to Estero de Pandacan;
NE - Estero de Pandacan up to
Pedro Gil Street to Tejeron Street up to boundary of Manila and Makati;
SE - City boundary between
Manila and Makati up to Estero de Tripa de Gallina;
S - City boundary between
Pasay and Manila down to Roxas Boulevard up to edge of reclaimed areas westward
to Manila Bay;
W - Manila Bay up to mouth of
Pasig River,
Sixth District: Barangays
Nos. 587-648; and 829-905
N - Starting from point which
is mouth of Estero de San Miguel going eastward to Mendiola Bridge, following
line along Estero de San Miguel up to point where Ramon Magsaysay Boulevard
eastward to City boundary between Manila and Quezon Cityl;
NE - City boundary up to
point city boundary of Manila, San Juan and Quezon City;
E - Manila-San
Juan-Mandaluyong-Makati boundaries up to Tejeron Street;
SE - Tejeron Street to Pedro
Gil Street up to bridge spanning Estero de Pandacan;
SW & W - Estero de
Pandacan going northward to Paz M. Guanzon Street, then northward on Paz M.
Guazon Street up to Pasig River to mouth of Estero de San Miguel on Pasig
River.
QUEZON CITY, four (4)
First District :
Barangays Del Monte,
Paltok,
Bungad,
San Antonio,
Katipunan,
Veterans Village,
Talayan,
Damayan,
Mariblo,
Paraiso,
Sta. Cruz,
Nayong Kanluran,
Philam,
West Triangle,
N.S. Amoranto,
San Isidro Labrador,
Sta. Teresita,
Salvacion,
Maharlika,
St. Peter,
Lourdes,
Sto. Domingo,
Sienna,
San Jose,
Manresa,
Pag-ibig sa Nayon,
Balingasa,
Masambong,
Damar,
Bahay Toro,
St. Cristo,
Ramon Magsaysay,
Project 6,
Vasra, Alicia,
and Bagong Pag-asa;
Second District:
Barangays Fairview,
New Era,
Holy Spirit,
Batasan Hills,
Commonwealth,
Payatas,
Bagong Silangan,
Sauyo,
Talipapa,
Bagbag,
San Bartolome,
Sta. Lucia,
Gulod,
Novaliches Proper,
San Agustin,
Nagkaisang Nayon,
Sta. Monica,
Kaligayahan,
Pasong Putik,
Apolonio Samson,
Unang Sigaw,
Tandang Sora,
Pasong Tamo,
Culiat,
Baesa,
Capri,
Balumbato, and
Sangandaan:
Third District :
Barangays E. Rodriguez,
Silangan,
Quirino 3-A,
Duyan-Duyan,
Quirino 3-B,
Amihan,
Socorro,
San Roque,
Manga,
Zobel Dioquino,
Tagumpay,
Aguinaldo, Escopa 1,
Escopa 2,
Escopa 3,
Escopa 4,
West Kamias,
East Kamias,
Quirino 2 A,
Quririno 2 B,
Quirino 2 C,
Ugong Norte,
Bagumbayan, Libis,
Villa Maria Clara,
Masagana,
Milagrosa,
Marilag,
Bagumbayan,
Loyola Heights,
Pansol, and
Matandang Balara;
Fourth District:
Barangays Bagong Lipunan,
Kaunlaran,
San Martin,
Immaculate Concepcion,
South Triangle,
Sacred Heart,
Laging Handa,
Paligsahan,
Obrero,
Roxas, Kamuning,
Kanluran,
Kamuning Silangan,
Tatalon,
Don Manuel,
Dona Josefa,
San Isidro,
Dona Aurora,
Santo Nino,
Santol,
Dona Imelda,
Kristong Hari,
Kalusugan,
Damayang Lagi,
Mariana,
Valencia,
Horseshoe,
Pinagkaisahan,
San Vicente,
U.P. Campus,
Krus Na Ligas,
Central,
Old Capital Site,
U.P. Village,
Teacher's East,
Teacher's West,
Sikatuna,
Malaya,
Pinahan, and
Botocan
CALOOCAN CITY, two (2) -
First District : 70
Barangays;
All of Caloocan North EDSA;
Second District: 118
Barangays;
All of Caloocan South EDSA.
PASAY CITY, one (1)
MALABON and NAVOTAS, one (1)
SAN JUAN and MANDALUYONG, one
(1)
MARIKINA, one (1)
MAKATI, one (1)
PASIG, one (1) PARANAQUE, one
(1)
LAS PINAS and MUNTINGLUPA,
one (1)
PATEROS and TAGUIG, one (1)
VALENZUELA, one (1)
MEMBERS OF THE CONSTITUTIONAL
COMMISSION [CON COM]
WHICH DRAFTED THE
1987 CONSTITUTION OF THE PHILIPPINES
WHICH DRAFTED THE
1987 CONSTITUTION OF THE PHILIPPINES
|
President
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: Cecilia Munoz Palma
|
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Vice-President
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: Ambrosio B. Padilla
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Floor Leader
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: Napoleon G. Rama
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Assistant Floor Leaders
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: Ahmad Domocao Alonto
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||
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: Jose D. Calderon
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|||
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Yusuf R. Abubakar
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Felicitas S. Aquino
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Adolfo S. Azcuna
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Teodoro C. Bacani
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Jose F. S. Bengzon, Jr.
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Ponciano L. Bennagen
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Joaquin G. Bernas
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Florangel Rosario Braid
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Crispino M. de Castro
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Jose C. Colayco
|
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Roberto R. Concepcion
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Hilario G. Davide, Jr.
|
|
Vicente B. Foz
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Edmundo G. Garcia
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Jose Luis Martin C. Gascon
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Serafin V.C. Guingona
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Alberto M. K. Jamir
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Jose B. Laurel, Jr.
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Eulogio R. Lerum
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Regalado E. Maambong
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Christian S. Monsod
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Teodulo C. Natividad
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Ma. Teresa F. Nieva
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Jose N. Nolledo
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Blas F. Ople
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Minda Luz M. Quesada
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Florenz D. Regalado
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Rustico F. de los Reyes,
Jr.
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Cirilo A. Rigos
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Francisco A. Rodrigo
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Ricardo J. Romulo
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Decoroso R. Rosales
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Rene V. Sarmiento
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Jose E. Suarez
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Lorenzo M. Sumulong
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Jaime S. L. Tadeo
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Christine O. Tan
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Gregorio J. Tingson
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Efrain B. Trenas
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Lugum L. Uka
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Wilfrido V. Villacorta
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Bernardo M. Villegas
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Attested by :
Flerida Ruth P. Romero
Secretary-General