Preamble
The Filipino people, imploring the aid of Divine Providence, in order
to
establish a government that shall embody their ideals, conserve and
develop
the patrimony of the nation, promote the general welfare, and secure to
themselves and their posterity the blessings of independence under a
regime
of justice, liberty, and democracy, do ordain and promulgate this
Constitution.
ARTICLE
IThe
National Territory
Section 1. The Philippines comprises all the territory ceded to the
United
States by the Treaty of Paris concluded between the United States and
Spain
on the tenth day of December, eighteen hundred and ninety-eight, the
limits
which are set forth in Article III of said treaty, together with all
the
islands embraced in the treaty concluded at Washington between the
United
States and Spain on the seventh day of November, nineteen hundred, and
the treaty concluded between the United States and Great Britain on the
second day of January, nineteen hundred and thirty, and all territory
over
which the present Government of the Philippine Islands exercises
jurisdiction.
ARTICLE
IIDeclaration
of Principles
Section 1. The Philippines, is a republican state. Sovereignty resides
in the people and all government authority emanates from them.
Section 2. The defense of the State is a prime duty of government, and
in the fulfillment of this duty all citizens may be required by law to
render personal military or civil service.
Section 3. The Philippines renounces war as an instrument of national
policy,
and adopts the generally accepted principles of international law as
part
of the law of the Nation.
Section 4. The natural right and duty of parents in the rearing of the
youth for civic efficiency should receive the aid and support of the
government.
Section 5. The promotion of social justice to insure the well-being and
economic security of all the people should be the concern of the State.cralaw:red
ARTICLE
IIIBill
of Rights
Section 1. (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.
(2) Private property shall not be taken for public use without just
compensation.
(3) The right of the people to be secure in their persons, houses,
papers,
and effects against unreasonable searches and seizures shall not be
violated,
and no warrants shall issue but upon probable cause, to be determined
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.
(4) The liberty of abode and of changing the same within the limits
prescribed
by law shall not be impaired.
(5) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court or when public safety and order
require
otherwise.
(6) The right to form associations or societies for purposes not
contrary
to law shall not be abridged.
(7) No law shall be made respecting an establishment of religion, or
prohibiting
the free exercise thereof, and 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.
(8) No law shall be passed abridging the freedom of speech, or of the
press,
or the right of the people peaceably to assemble and petition the
Government
for redress of grievances.
(9) No law granting a title of nobility shall be enacted, and no person
holding any office of profit shall, without the consent of the Congress
of the Philippines, accept any present, emolument, office, or title of
any kind whatever from any foreign state.
(10) No law impairing the obligation of contracts shall be passed.
(11) No ex post facto law or bill of attainder shall be enacted.
(12) No person shall be imprisoned for debt or non-payment of a poll
tax.
(13) No involuntary servitude in any form shall exist except as a
punishment
for crime whereof the party shall have been duly convicted.
(14) The privilege of the writ of habeas corpus shall not be suspended
except in cases of invasion, insurrection, or rebellion, when the
public
safety requires it, in any of which events the same may be suspended
wherever
during such period the necessity for such suspension shall exist.
(15) No person shall be held to answer for a criminal offense without
due
process of law.
(16) All persons shall before conviction be bailable by sufficient
sureties,
except those charged with capital offenses when evidence of guilt is
strong.
Excessive bail shall not be required.
(17) In all criminal prosecutions the accused shall be presumed to be
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 and public trial, to meet the witnesses
face
to face, and to have compulsory process to secure the attendance of
witnesses
in his behalf.
(18) No person shall be compelled to be a witness against himself.
(19) Excessive fines shall not be imposed, nor cruel and unusual
punishment
inflicted.
(20) 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.
(21) Free access to the courts shall not be denied to any person by
reason
of poverty.
ARTICLE
IVCitizenship
Section 1. The following are citizens of the Philippines:chanroblesvirtuallawlibrary
(1)
Those who are citizens of the Philippine Islands at the time of the
adoption
of this Constitution.
(2)
Those born in the Philippine Islands of foreign parents who, before the
adoption of this Constitution, had been elected to public office in the
Philippine Islands.
(3)
Those whose fathers are citizens of the Philippines.(4)
Those whose mothers are citizens of the Philippines and, upon reaching
the age of majority, elect Philippine citizenship.(5)
Those who are naturalized in accordance with law.
Section 2. Philippine citizenship may be lost or reacquired in the
manner
provided by law.
ARTICLE
VSuffrage
Section 1. Suffrage may be exercised by male citizens of the
Philippines
not otherwise disqualified by law, who are twenty-one years of age or
over
and are able to read and write, and who shall have resided in the
Philippines
for one year and in the municipality wherein they propose to vote for
at
least six months preceding the election. The National Assembly shall
extend
the right of suffrage to women, if in a plebiscite which shall be held
for that purpose within two years after the adoption of this
Constitution,
not less than three hundred thousand women possessing the necessary
qualifications
shall vote affirmatively on the question.
ARTICLE
VILegislative
Department
Section 1. The Legislative power shall be vested in a Congress of the
Philippines,
which shall consist of a Senate and a House of Representatives.
Section 2. The Senate shall be composed of twenty-four Senators who
shall
be chosen at large by the qualified electors of the Philippines, as may
be provided by law.
Section 3. The term of office of Senators shall be six years and shall
begin on the thirtieth day of December next following their election.
The
first Senators elected under this Constitution shall, in the manner
provided
by law, be divided equally into three groups, the Senators of the first
group, to serve for a term of six years; those of the second group, for
four years; and those of the third group, for two years.
Section 4. No person shall be a Senator unless he be a natural born
citizen
of the Philippines and, at the time of his election, is at least
thirty-five
years of age, a qualified elector, and a resident of the Philippines
for
not less than two years immediately prior to his election.
Section 5. The House of Representatives shall be composed of not more
than
one hundred and twenty Members who shall be apportioned among the
several
provinces as nearly as may be accorded to the number of their
respective
inhabitants, but each province shall have at least one Member. The
Congress
shall by law make an apportionment within three years after the return
of every enumeration, and not otherwise. Until such apportionment shall
have been made, the House of Representatives shall have the same number
of Members as that fixed by law for the National Assembly, who shall be
elected by the qualified electors from the present Assembly districts.
Each representative district shall comprise, as far as practicable,
contiguous
and compact territory.
Section 6. The term of office of the Members of the House of
Representatives
shall be four years and shall begin on the thirtieth day of December
next
following their election.
Section 7. No person shall be a Member of the House of Representatives
unless he be a natural born citizen of the Philippines, and, at the
time
of his election, is at least twenty-five years of age, a qualified
elector,
and a resident of the province in which he is chosen for not less than
one year immediately prior to his election.
Section 8. (1) Elections for Senators and Members of the House of
Representatives
shall be held in the manner and on the dates fixed by law.
(2) 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 9. The Congress shall convene in regular session once every
year
on the fourth Monday of January, unless a different date is fixed by
law.
It may be called in special session at any time by the President to
consider
general legislation or only such subjects as he may designate. No
special
session shall continue longer than thirty days and no regular session
longer
than one hundred days, exclusive of Sundays.
Section 10. (1) The Senate shall elect its President and the House of
Representatives
its Speaker.
Each House shall choose such other officers as may be required.
(2) 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.
(3) Each House may determine the rule of its proceedings, punish its
Members
for disorderly behavior, and, with the concurrence of two-thirds of all
its Members, expel a Member.
(4) 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
requires
secrecy; and the yeas and nays on any question shall, at the request of
one-fifth of the Members present, be entered into the Journal.
(5) 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 11. The Senate and the House of Representatives shall have an
Electoral
Tribunal which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members, three of whom
shall
be Justices of the Supreme Court to be designated by the Chief Justice,
and the remaining six shall be Members of the Senate or the House of
Representatives,
as the case may be, who shall be chosen by each House, three upon
nomination
of the party having the largest number of votes and three of the party
having the second largest numbers of votes therein. The senior Justice
in each Electoral Tribunal shall be its Chairman.
Section 12. There shall be a Commission on Appointments consisting of
twelve
Senators and twelve Members of the House of Representatives, elected by
each House, respectively, on the basis of proportional representation
of
the political parties therein. The president of the Senate shall be the
Chairman ex officio of the Commission, but shall not vote
except
in case of tie.
Section 13. The Electoral Tribunal 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 their President and
Speaker,
respectively. The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of
its
Members, to discharge such powers and functions as are herein conferred
upon it.
Section 14. The Senators and the Members of the House of
Representatives
shall, unless otherwise provided by law, receive an annual compensation
of seven thousand two hundred pesos each, including per diems and other
emoluments or allowances and exclusive only of traveling expenses to
and
from their respective districts in the case of Members of the House of
Representatives, and to an from their places of residence in the case
of
Senators, when attending sessions of the Congress. No increase in said
compensation shall take effect until after the expiration of the full
term
of all the Members of the Senate and of the House of Representatives
approving
such increase. Until otherwise provided by law, the President of the
Senate
and the Speaker of the House of Representatives shall each receive an
annual
compensation of sixteen thousand pesos.
Section 15. The Senators and Members of the House of Representatives
shall
in all cases except treason, felony, and breach of the peace, be
privileged
from arrest during their attendance at the session of the Congress, and
in going to and returning from the same; and for any speech or debate
therein,
they shall not be questioned in any other place.
Section 16. No Senator or Member of the House of Representatives may
hold
any other office or employment in the government without forfeiting his
seat, nor shall any Senator or Member of the House of Representatives,
during the time for which he was elected, be appointed to any civil
office
which may have been created or the emoluments whereof shall have been
increased
while he was a Member of the Congress.
Section 17. No Senator or Member of the House of Representatives shall
directly or indirectly be financially interested in any contract with
the
government or any subdivision or instrumentality thereof, or in any
franchise
or special privilege granted by the Congress during his term of office.
He shall not appear as counsel before the Electoral Tribunals or before
any court in any civil case wherein the Government or any subdivision
or
instrumentality thereof is the adverse party, or in any criminal case
wherein
an officer or employee of the government is accused of an offense
committed
in relation to his office, or collect any fee for his appearance in any
administrative proceedings; or accept employment to intervene in any
cause
or matter where he may be called upon to act on account of his office.
No Member of the Commission on Appointments shall appear as counsel
before
any court inferior to a collegiate court of appellate jurisdiction.
Section 18. 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 19. (1) The President shall submit within fifteen days of the
opening
of each regular session of the Congress a budget of receipts and
expenditures,
which shall be the basis of the general appropriations bill. The
Congress
may not increase the appropriations recommended by the President for
the
operation of the Government as specified in the Budget, except the
appropriations
for the Congress and the Judicial Department. The form of the Budget
and
the information that it should contain shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations
bill unless it relates specifically to some particular appropriation
therein;
and any such provision or enactment shall be limited in its operation
to
such appropriation.
Section 20. (1) 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; but if not, he shall return it with his objections to the
House
where it originated, which shall enter the objections at large on 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 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 and nays, and the names of the Members
voting
for and against shall be entered on its Journal. If any bill shall not
be returned by the President as herein provided within twenty days
(Sundays
excepted) after it shall have been presented to him, the same shall
become
a law in like manner as if he had signed it, unless the Congress by
adjournment
prevent its return, in which case it shall become a law unless vetoed
by
the President within thirty days after adjournment.
(2) The President shall have the power to veto any particular item or
items
of an appropriation bill, but the veto shall not affect the item or
items
to which he does not object. When a provision of an appropriation bill
affects one or more items of the same, the President cannot veto the
provision
without at the same time, vetoing the particular item or items to which
it relates. The item or items objected to shall not take effect except
in the manner heretofore provided as to bills returned to the Congress
without the approval of the President. If the veto refers to a bill or
any item of an appropriation bill which appropriates a sum in excess of
ten per centum of the total amount voted in the appropriation bill for
the general expenses of the Government for the preceding year, or if it
should refer to a bill authorizing an increase of the public debt, the
same shall not become a law unless approved by three-fourths of all the
Members of each House.
(3) The President shall have the power to veto any separate item or
items
in a revenue of tariff bill, and the item or items shall not take
effect
except in the manner provided as to bills vetoed by the President.
Section 21. (1) No bill which may be enacted into law shall embrace
more
than one subject which shall be expressed in the title of the bill.
(2) No bill shall be passed by either House unless it shall have been
printed
and copies thereof in its final form furnished its Members at least
three
calendar days prior to its passage, except when the President shall
have
certified to the necessity of its immediate enactment. Upon the last
reading
of a bill no amendment thereof shall be allowed, and the question upon
its passage shall be taken immediately thereafter, and the yeas and
nays
entered on the Journal.
Section 22. (1) The rule of taxation shall be uniform.
(2) The Congress may by law authorize the President, subject to such
limitations
and restrictions as it may impose, to fix, within specified limits,
tariff
rates, import or export quotas, and tonnage and wharfage dues.
(3) Cemeteries, churches, and parsonages or convents appurtenant
thereto,
and all lands, buildings, and improvements used exclusively for
religious,
charitable, or educational purposes shall be exempt from taxation.
Section 23. (1) 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 crated has been fulfilled
or
abandoned, the balance, if any, shall be transferred to the general
funds
of the Government.
(2) No money shall be paid out of Treasury except in pursuance of an
appropriation
made by law.
(3) No public money, or property shall ever be appropriated, applied,
or
used, directly or indirectly, for the use, benefit, or support of any
sect,
church, denomination, sectarian institution or system of religion, for
the use, benefit, or support of any priest, preacher, ministers, or
other
religious teacher or dignitary as such except when such priest,
preacher,
minister, or dignitary is assigned to the armed forces or to any penal
institution, orphanage or leprosarium.
Section 24. The heads of departments upon their own initiative or upon
the request of either House may appear before and be heard by such
House
on any matter pertaining to their departments, unless the public
interest
shall require otherwise and the President shall so state in writing.
Section 25. The Congress, shall, with the concurrence of two-thirds of
all the Members of each House, have the sole power to declare war.
Section 26. In times of war and 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 promulgate rules and regulations
to
carry out a declared national policy.
ARTICLE
VIIExecutive
Department
Section 1. The executive power shall be vested in a President of the
Philippines.
Section 2. The President shall hold his office during a term of four
years
and together with the Vice-President chosen for the same term, shall be
elected by direct vote of the people. 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 seat of the
National
Government, directed to the President of the Senate, who shall, in the
presence of the Senate and the House of Representatives, open all the
certificates,
and the votes shall then be counted. The person respectively having the
highest number of votes for President and Vice-President shall be
declared
elected, but in case two or more shall have an equal and the highest
number
of votes for their office, one of them shall be chosen President or
Vice-President,
as the case may be, by a majority vote of the Members of the Congress
in
joint session assembled.
Section 3. No person may be elected to the office of the President or
Vice-President
unless he is a natural born citizen of the Philippines, a qualified
voter,
forty years of age or over, and has been a resident of the Philippines
for at least ten years immediately preceding the election.
Section 4. Elections for President and Vice-President shall be held
once
every four years on a date to be fixed by law.
The terms of the President and Vice-President shall end at noon on the
thirtieth day of December following the expiration of four years after
their election, and the terms of their successors shall begin from such
time.
Section 5. No person shall serve as President for more than eight
consecutive
years. The period of such service shall be counted from the date he
shall
have commenced to act as President. Voluntary renunciation of the
office
for any length of time shall not be considered as an interruption in
the
continuity of the service of the incumbent for the full term for which
he was elected.
Section 6. If, at the time fixed for the beginning of the term of the
President,
the President-elect shall have died, the Vice-President-elect shall
become
President. If a President shall not have been chosen before the time
fixed
for the beginning of his term or if the President shall have failed to
qualify, then the Vice-President shall act as President until a
President
shall have qualified, and the Congress may by law provide for the case
wherein neither a President-elect nor a Vice-President-elect shall have
qualified, declaring who shall then act as President, or the manner in
which one who is to act shall be selected, and such person shall act
accordingly
until a President or Vice-President shall have qualified.
Section 7. Before he enters on the execution of his office, the
President
shall take the following oath or affirmation :chanroblesvirtuallawlibrary
"I
do solemnly swear (or affirm) that I will faithfully and
conscientiously
fulfill my duties as 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 8. In the event of the removal of the President from office, or
his death, resignation, or inability to discharge the powers and duties
of the said office, the same shall devolve on the Vice-President, and
the
Congress shall by law provide for the case of removal, death,
resignation,
or inability, both of the President and Vice-President, declaring what
officer shall then act as President, and such officer shall act
accordingly,
until the disability be removed, or a President shall be elected.
Section 9. The President shall have an official residence and receive a
compensation to be ascertained by law which shall be neither increased
nor diminished during the period of which he shall have been elected,
and
he shall not receive within the period any other emolument from the
Government
or any of its subdivisions or instrumentalities. Until the Congress
shall
provide otherwise, the President shall receive an annual salary of
thirty
thousand pesos. The Vice-President, when not acting as President, shall
receive an annual compensation of fifteen thousand pesos until
otherwise
provided by law.
Section 10. (1) The President shall have control of all executive
departments,
bureaus or offices, exercise general provision over all local
governments
as may be provided by law, and take care that the laws be faithfully
executed.
(2) The President shall be commander-in-chief of all armed forces of
the
Philippines, and, whenever it becomes necessary, he may call out such
armed
forces to prevent or suppress lawless violence, invasion, insurrection,
or rebellion. In case of invasion, insurrection, or rebellion or
imminent
danger thereof, when the public safety requires it, he may suspend the
privilege of the writ of habeas corpus, or place the Philippines or any
part thereof under Martial Law.
(3) The President shall nominate and with the consent of the Commission
on Appointments, shall appoint the heads of the executive departments
and
bureaus, officers of the Army from the rank of colonel, of the Navy and
Air Forces from the rank of captain or commander, and all other
officers
of the Government whose appointments are not herein otherwise provided
for, and those whom he may be authorized by law to appoint; but the
Congress
may by law vest the appointment of inferior officers, in the President
alone, in the courts, or in the heads of departments.
(4) The President shall have the power to make appointments during the
recess of the Congress, but such appointments shall be effective only
until
disapproval by the Commission on Appointments or until the next
adjournment
of the Congress.
(5) The President shall from time to time give to the Congress
information
on the state of the Nation, and recommend to its consideration such
measures
as he shall judge necessary and expedient.
(6) The President shall have the power to grant reprieves,
commutations,
and pardons, and remit fines and forfeitures, after conviction, for all
expenses except in case of impeachment, upon such conditions and with
such
restrictions and limitations as he may deem proper to impose. He shall
have the power to grant amnesty with the concurrence of the Congress.
(7) The President shall have the power, with the concurrence of
two-thirds
of all the Members of the Senate to make treaties, and with the consent
of the Commission on Appointments, he shall appoint ambassadors, other
public ministers, and consuls. He shall receive ambassadors and other
public
ministers duly accredited to the Government of the Philippines.
Section 11. (1) The executive departments of the present Government of
the Philippine Islands shall continue as now authorized by law until
the
Congress shall provide otherwise.
(2) The heads of the departments and chiefs of bureaus or offices and
their
assistants shall not, during their continuance in office, engage in the
practice of any profession, or intervene, directly or indirectly, in
the
management or control of any private enterprise which in any way may be
affected by the functions of their office; nor shall they, directly or
indirectly, be financially interested in any contract with the
Government,
or any subdivision or instrumentality thereof.
(3) The President may appoint the Vice-President as a member of his
Cabinet
and also as head of an executive department.
ARTICLE
VIIIJudicial
Department
Section 1. The judicial power shall be vested in one Supreme Court and
in such inferior courts as may be established by law.
Section 2. The Congress shall have the power to define, prescribe and
apportion
the jurisdiction of various courts, but may not deprive the Supreme
Court
of its original jurisdiction over cases affecting ambassadors, other
public
ministers, and consuls, nor of its jurisdiction to review, revise,
reverse,
modify, or affirm on appeal, certiorari, or writ of error, as the law
or
the rules of court may provide, final judgments and decrees of inferior
courts in:chanroblesvirtuallawlibrary
(1)
All cases in which the constitutionality or validity of any treaty,
law,
ordinance, or executive order or regulation is in question.(2)
All cases involving the legality of any tax, impost, assessment, or
toll,
or any penalty imposed in relation thereto.(3)
All cases in which the jurisdiction of any trial court is in issue.(4)
All criminal cases in which the penalty imposed is death or life
imprisonment.(5)
All cases in which an error or question of law is involved.
Section 3. Until the Congress shall provide otherwise the Supreme Court
shall have such original and appellate jurisdiction as may be possessed
and exercised by the Supreme Court of the Philippine Islands at the
time
of the adoption of this Constitution. The original jurisdiction of the
Supreme Court shall include all cases affecting ambassadors, other
public
ministers, and consuls.
Section 4. The Supreme Court shall be composed of a Chief Justice and
ten
Associate Justices and may sit either en banc or in two divisions
unless
otherwise provided by law.
Section 5. The Members of the Supreme Court and all judges of inferior
courts shall be appointed by the President with the consent of the
Commission
on Appointments.
Section 6. No person may be appointed Member of the Supreme Court
unless
he has been five years a citizen of the Philippines, is at least forty
years of age, and hasfor ten years or more been a judge of a court of
record
or engaged in the practice of law in the Philippines.
Section 7. No judge appointed for a particular district shall be
designated
or transferred to another district without the approval of the Supreme
Court. The Congress shall by law determine the residence of judges of
inferior
courts.
Section 8. The Congress shall prescribe the qualifications of judges of
inferior courts, but no person may be appointed judge of any such
courts
unless he is a citizen of the Philippines and has been admitted to the
practice of law in the Philippines.
Section 9. The Members of the Supreme Court and all judges of inferior
courts shall hold office during good behavior, until they reach the age
of seventy years, or become incapacitated to discharge the duties of
their
office. They shall receive such compensation as may be fixed by law,
which
shall not be diminished during their continuance in office. Until the
Congress
shall provide otherwise, the Chief Justice of the Supreme Court shall
receive
an annual compensation of sixteen thousand pesos, and each Associate
Justice,
fifteen thousand pesos.
Section 10. All cases involving the constitutionality of a treaty or
law
shall be heard and decided by the Supreme Court en banc, and no treaty
or law may be declared unconstitutional without the concurrence of
two-thirds
of all the Members of the Court.
Section 11. The conclusions of the Supreme Court in any case submitted
to it for decision shall be reached in consultation before the case is
assigned to a Justice for a writing of the opinion of the Court. Any
Justice
dissenting from a decision shall state the reasons for his dissent.
Section 12. No decision shall be rendered by any court of record
without
expressing therein clearly and distinctly the facts and the law on
which
it is based.
Section 13. The Supreme Court shall have the power to promulgate rules
concerning pleading, practice, and procedure in all courts, and the
admission
to the practice of law. Said rules shall be uniform for all courts of
the
same grade and shall not diminish, increase, or modify substantive
rights.
The existing laws on pleading, practice, and procedure are hereby
repealed
as statutes, and are declared Rules of Courts, subject to the power of
the Supreme Court to alter and modify the same. The Congress shall have
the power to repeal, alter or supplement the rules concerning pleading,
practice, and procedure, and the admission to the practice of law in
the
Philippines.
ARTICLE
IXImpeachment
Section 1. The President, the Vice-President, the Justices of the
Supreme
Court, and the Auditor General, shall be removed from office on
impeachment
for any conviction of, culpable violation of the Constitution, treason,
bribery, or other high crimes.
Section 2. The House of Representatives by a vote of two-thirds of all
its Members, shall have the sole power of impeachment.
Section 3. The Senate shall have the sole power to try all 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. No person shall be convicted without
the
concurrence of three-fourths of all the Members of the Senate.
Section 4. Judgment in cases of impeachment shall not extend further
than
to removal from office and disqualification to hold and enjoy any
office
of honor, trust, or profit under the Government of the Philippines, but
the party convicted shall nevertheless be liable and subject to
prosecution,
trial, and punishment, according to law.
ARTICLE
XCommission
on Elections
Section 1. There shall be an independent Commission on Elections
composed
of a Chairman and two other Members to be appointed by the President
with
the consent of the Commission on Appointments, who shall hold office
for
a term of nine years and may not be reappointed. Of the Members of the
Commission first appointed, one shall hold office for nine years,
another
for six years, and the third for three years. The Chairman and the
other
Members of the Commission on Elections may be removed from office only
by impeachment in the manner provided in this Constitution.
Until the Congress shall provide otherwise the Chairman of the
Commission
shall receive an annual salary of twelve thousand pesos, and the other
Members, ten thousand pesos each. Their salaries shall be neither
increased
nor diminished during their term of office.
Section 2. The Commission on Elections shall have exclusive charge of
the
enforcement and administration of all laws relative to the conduct of
elections
and shall exercise all other functions which may be conferred upon it
by
law. It shall decide, save those involving the right to vote, all
administrative
questions affecting elections, including the determination of the
number
and location of polling places, and the appointment of election
inspectors
and of other election officials. All law enforcement agencies and
instrumentalities
of the Government, when so required by the Commission, shall act as its
deputies for the purpose of insuring free, orderly, and honest
election.
The decisions, orders, and rulings of the Commission shall be subject
to
review by the Supreme Court.
No pardon, parole, or suspension of sentence for the violation of any
election
law may be granted without the favorable recommendation of the
Commission.
Section 3. The Chairman and Members of the Commission on Elections
shall
not, during their continuance in office, engage in the practice of any
profession, or intervene, directly or indirectly, in the management or
control of any private enterprise which in any way may be affected by
the
functions of their office; nor shall they, directly or indirectly, be
financially
interested in any contract with the Government or any subdivision or
instrumentality
thereof.
Section 4. The Commission on Elections shall submit to the President
and
the Congress, following each election, a report on the manner in which
such election was conducted.
ARTICLE
XIGeneral
Auditing Office
Section 1. There shall be a General Auditing Office under the direction
and control of an Auditor General, who shall hold office for a term of
ten years and may not be reappointed. The Auditor General shall be
appointed
by the President with the consent of the Commission on Appointments,
and
shall receive an annual compensation to be fixed by law which shall not
be diminished during his continuance in office. Until the Congress
shall
provide otherwise, the Auditor General shall receive an annual
compensation
of twelve thousand pesos.
Section 2. The Auditor General shall examine, audit, and settle all
accounts
pertaining to the revenues and receipts from whatever source, including
trust funds derived from bond issues; and audit, in accordance with law
and administrative regulations, all expenditures of funds or property
pertaining
or held in trust by the Government or the provinces or municipalities
thereof.
He shall keep the general accounts of the Government and preserve the
vouchers
pertaining thereto. It shall be the duty of the Auditor General to
bring
the attention of the proper administrative officer expenditures of
funds
or property which, in his opinion, are irregular, unnecessary,
excessive,
or extravagant. He shall also perform such other functions as may be
prescribed
by law.
Section 3. The decisions of the Auditor General shall be rendered
within
the time fixed by law, and the same may be appealed to the President
whose
action shall be final. When the aggrieved party is a private person or
entity, an appeal from the decision of the Auditor General may be taken
directly to a court of record in the manner provided by law.
Section 4. The Auditor General shall submit to the President and the
Congress
an annual report covering the financial condition and operations of the
Government, and such other reports as may be required.
ARTICLE
XIICivil
Service
Section 1. A Civil Service embracing all branches and subdivision of
the
Government shall be provided by law. Appointments in the Civil Service,
except as to those which are policy-determining, primarily confidential
or highly technical in nature, shall be made only according to merit
and
fitness, to be determined as far as practicable by competitive
examination.
Section 2. Officers and employees in the Civil Service, including
members
of the armed forces, shall not engage directly or indirectly in
partisan
political activities or take part in any election except to vote.
Section 3. No officer or employee of the government shall receive
additional
or double compensation unless specifically authorized by law.
Section 4. No officer or employee in the Civil Service shall be removed
or suspended except for cause as provided by law.
ARTICLE
XIIIConservation
and Utilization of Natural Resources
Section 1. All agricultural timber, and mineral lands of the public
domain,
waters, minerals, coal, petroleum, and other mineral oils, all forces
of
potential energy and other natural resources of the Philippines belong
to the State, and their disposition, exploitation, development, or
utilization
shall be limited to citizens of the Philippines or to corporations or
associations
at least sixty per centum of the capital of which is owned by such
citizens,
subject to any existing right, grant, lease, or concession at the time
of the inauguration of the Government established under this
Constitution.
Natural resources, with the exception of public agricultural land,
shall
not be alienated, and no license, concession, or lease for the
exploitation,
development, or utilization of any of the natural resources shall be
granted
for a period exceeding twenty-five years, renewable for another
twenty-five
years, except as to water rights for irrigation, water supply,
fisheries,
or industrial uses other than the development of water power, in which
cases beneficial use may be the measure and limit of the grant.
Section 2. No private corporation or association may acquire, lease, or
hold public agricultural lands in excess of one thousand and twenty
four
hectares, nor may any individual acquire such lands by purchase in
excess
of one hundred and forty four hectares, or by lease in excess of one
thousand
and twenty four hectares, or by homestead in excess of twenty-four
hectares.
Lands adapted to grazing, not exceeding two thousand hectares, may be
leased
to an individual, private corporation, or association.
Section 3. The Congress may determine by law the size of private
agricultural
land which individuals, corporations, or associations may acquire and
hold,
subject to rights existing prior to the enactment of such law.
Section 4. The Congress may authorize, upon payment of just
compensation,
the expropriation of lands to be subdivided into small lots and
conveyed
at cost to individuals.
Section 5. Save in cases of hereditary succession, no private
agricultural
land shall be transferred or assigned except to individuals,
corporations,
or associations qualified to acquire or hold lands of the public domain
in the Philippines.
Section 6. The State may, in the interest of national welfare and
defense,
establish and operate industries and means of transportation and
communication,
and upon payment of just compensation, transfer to public ownership
utilities
and other private enterprise to be operated by the Government.
ARTICLE
XIVGeneral
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. All public officers and members of the armed forces shall
take
an oath to support and defend the Constitution.
Section 3. The Congress shall take steps toward the development and
adoption
of a common national language based on one of the existing native
languages.
Until otherwise provided by law, English and Spanish shall continue as
official languages.
Section 4. The State shall promote scientific research and invention.
Arts
and letters shall be under its patronage. The exclusive right to
writings
and inventions shall be secured to authors and inventors for a limited
period.
Section 5. All educational institutions shall be under the supervision
of and subject to regulation by the State. The Government shall
establish
and maintain a complete and adequate system of public education, and
shall
provide at least free public primary instruction, and citizenship
training
to adult citizens. All schools shall aim to develop moral character,
personal
discipline, civic conscience, and vocational efficiency, and to teach
the
duties of citizenship. Optional religious instruction shall be
maintained
in the public schools as now authorized by law. Universities
established
by the State shall enjoy academic freedom. The State shall create
scholarships
in arts, science, and letters for specially gifted citizens.
Section 6. The State shall afford protection to labor, especially to
working
women, and minors, and shall regulate the relations between the
landowner
and tenant, and between labor and capital in industry and in
agriculture.
The State may provide for compulsory arbitration.
Section 7. The Congress shall not, except by general law, provide for
the
formation, organization, or regulation of private corporations, unless
such corporations are owned and controlled by the Government or any
subdivision
or instrumentality thereof.
Section 8. 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 other entities organized under
the laws of the Philippines sixty per centum of the capital of which is
owned by citizens of the Philippines, nor shall such franchise,
certificate,
or authorization be exclusive in character or for a longer period than
fifty years. No franchise or right shall be granted to any individual,
firm, or corporation, except under the condition that it shall be
subject
to amendment, alteration, or repeal by the Congress when the public
interest
so requires.cralaw:red
Section 9. The Government shall organize and maintain a national police
force to preserve public order and enforce the law.cralaw:red
Section 10. This Constitution shall be officially promulgated in
English
and Spanish, but in case of conflict the English text shall prevail.
ARTICLE
XVAmendments
Section 1. The Congress in joint session assembled, by a vote of
three-fourths
of all the Members of the Senate and of the House of Representatives
voting
separately, may propose amendments to this Constitution or call a
convention
for that purpose. Such amendments shall be valid as part of this
Constitution
when approved by a majority of the votes cast at an election at which
the
amendments are submitted to the people for their ratification.
ARTICLE
XVITransitory
Provisions
Section 1. The first election of the officers provided in this
Constitution
and the inauguration of the Government of the Commonwealth of the
Philippines
shall take place as provided in Public Act Numbered One hundred and
twenty-seven
of the Congress of the United States, approved March twenty-four,
nineteen
hundred and thirty four.
Section 2. All laws of the Philippine Islands shall continue in force
until
the inauguration of the Commonwealth of the Philippines; thereafter,
such
laws shall remain operative, unless inconsistent with this
Constitution,
until amended, altered, modified, or repealed by the Congress of the
Philippines,
and all references in such laws to the Government or officials of the
Philippine
Islands shall be construed, insofar as applicable, to refer to the
government
and corresponding officials under this Constitution.cralaw:red
Section 3. All courts existing at the time of the adoption of this
Constitution
shall continue and exercise their jurisdiction, until otherwise
provided
by law in accordance with this Constitution, and all cases, civil and
criminal,
pending in said courts, shall be heard, tried, and determined under the
laws then in force.cralaw:red
Section 4. All officers and employees in the existing Government of the
Philippine Islands shall continue in office until the Congress shall
provide
otherwise, but all officers whose appointments are by this Constitution
vested in the President shall, vacate their respective offices upon the
appointment and qualification of their successors, if such appointment
is made within a period of one year from the date of the inauguration
of
the Commonwealth of the Philippines.cralaw:red
Section 5. The Members of the House of Representatives for the Mountain
Province shall be elected as may be provided by law. The voters of
municipalities
and municipal districts formerly belonging to a special province and
now
forming part of regular provinces shall vote in the election for
Members
of the House of Representatives in such districts as may be provided by
law.cralaw:red
Section 6. The provisions of this Constitution, except those contained
in this article and in Article V, and those which refer to the election
and qualifications of officers to be elected under this Constitution,
shall
not take effect until the inauguration of the Commonwealth of the
Philippines.
ARTICLE
XVIISpecial
Provisions Effective upon the Proclamationof
the Independence of the Philippines
Section. 1. Upon the proclamation of the President of the United States
recognizing the independence of the Philippines:chanroblesvirtuallawlibrary
(1)
The property rights of the United States and the Philippines shall be
promptly
adjusted and settled, and all existing property rights of citizens or
corporations
of the United States shall be acknowledged, respected, and safeguarded
to the same extent as property rights of the Philippines.
(2).
The officials elected and serving under this Constitution shall be
constitutional
officers of the free and independent Government of the Philippines and
qualified to function in all respects as if elected directly under such
Government, and shall serve their full terms of office as prescribed in
this Constitution.cralaw:red
(3)
The debts and liabilities of the Philippines, its provinces, cities,
municipalities,
and instrumentalities, which shall be valid and subsisting at the time
of the final and complete withdrawal of the sovereignty of the United
States,
shall be assumed by the free and independent Government of the
Philippines;
and where bonds have been issued under authority of an Act of Congress
of the United States by the Philippine Islands, or any province, city
or
municipality therein, the Government of the Philippines will make
adequate
provision for the necessary funds for the payment of interest and
principal,
and such obligations shall be a first lien on all taxes collected.cralaw:red
(4)
The Government of the Philippines will assume all continuing
obligations
of the United States under the Treaty of Peace with Spain ceding the
Philippine
Islands to the United States.cralaw:red
(5)
The Government of the Philippines will embody the foregoing provisions
of this article (except subsection (2)) in a treaty with the United
States.cralaw:red
ARTICLE
XVIIIThe
Commonwealth and the Republic
Section. 1. The government established by this Constitution shall be
known
as the Commonwealth of the Philippines. Upon the final and complete
withdrawal
of the sovereignty of the United States and the proclamation of
Philippine
independence, the Commonwealth of the Philippines shall thenceforth be
known as the Republic of the Philippines.
ORDINANCE
APPENDED TO THE 1935 CONSTITUTION
Notwithstanding the provisions of section one, Article Thirteen, and
section
eight, Article Fourteen, of the foregoing Constitution, during the
effectivity
of the Executive Agreement entered into by the President of the
Philippines
with the President of the United States on the fourth of July, nineteen
hundred and forty-six, pursuant to the provisions of Commonwealth Act
Numbered
Seven hundred and thirty-three, but in no case to extend beyond the
third
of July, nineteen hundred and seventy-four, the disposition,
exploitation,
development, and utilization of all agricultural, timber, and mineral
lands
of the public domain, waters, minerals, coal, petroleum, and other
mineral
oils, all forces of potential energy, and other natural resources of
the
Philippines, and the operation of public utilities, if open to any
person,
be open to citizens of the United States and to all forms of business
enterprises
owned or controlled, directly or indirectly, by citizens of the United
States in the same manner as to, and under the same conditions imposed
upon, citizens of the Philippines or corporations or associations owned
or controlled by citizens of the Philippines.
[The
1935 Constitution was ratified on May 14, 1935]. |