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Preamble
We, the sovereign
Filipino people, imploring the aid of Divine
Providence,
in order to establish a government that shall embody our ideals,
promote
the general welfare, conserve and develop the patrimony of our Nation,
and secure to ourselves and our posterity the blessings of democracy
under
a regime of justice, peace, liberty, and equality, do ordain and
promulgate
this Constitution.
Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines. 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 the 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,
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 4. The State shall strengthen the family as a basic social
institution.
The natural right and duty of parents in the rearing of the youth for
civic
efficiency and the development of moral character shall receive the aid
and support of the government.
Section 5. The State recognizes the vital role of the youth in
nation-building
and shall promote their physical, intellectual and social well-being.
Section 6. The State shall promote social justice to ensure the
dignity,
welfare, and security of all the people. Towards this end, the State
shall
regulate the acquisition, ownership, use, enjoyment, and disposition of
private property, and equitably diffuse property ownership and profits.
Section 7. The State shall establish, maintain, and ensure adequate
social
services in the field of education, health, housing, employment,
welfare,
and social security to guarantee the enjoyment of the people of a
decent
standard of living.
Section 8. Civilian authority is at all times supreme over the military.
Section 9. The State shall afford protection to labor, promote full
employment
and equality in employment, ensure equal work opportunities regardless
of sex, race, or creed, and regulate the relation between workers and
employers.
The State shall assure the rights of workers to self-organization,
collective
bargaining, security of tenure, and just and humane conditions of work.
The State may provide for compulsory arbitration.
Section 10. The State shall guarantee and promote the autonomy of local
government units, especially the barrio, to ensure their fullest
development
as self-reliant communities.
Section 1. The following are citizens of the Philippines:
(2) Those whose fathers and mothers are citizens of the Philippines. (3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five. (4)
Those who are naturalized in accordance with law.
Section 2. A female citizen of the Philippines who marries an alien
retains
her Philippine citizenship, unless by her act or omission she is
deemed,
under the law, to have renounced her citizenship.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.
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. Private property shall not be taken for public use without
just
compensation.
Section 3. The right of the people to be secure in their persons,
houses,
papers, and effects against unreasonable searches and seizures of
whatever
nature and whatever purpose shall not be violated, and no search
warrant
or warrant of arrest shall issue except upon probable cause to be
determined
by the judge, or such other responsible officer as maybe authorized by
law, 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.
Section 4. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety
and order require otherwise.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 5. The liberty of abode and of travel shall not be impaired
except
upon lawful order of the court, or when necessary in the interest of
national
security, public safety, or public health.
Section 6. 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,
shall
be afforded the citizen subject to such limitations as may be provided
by law.
Section 7. The right to form associations or societies for purposes not
contrary to the law shall not be abridged.
Section 8. 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 9. No law shall be passed abridging the freedom of speech, or
the
press, or the right of the people peaceably to assemble and petition
the
government for redress of grievances.
Section 10. No law granting a title of royalty or nobility shall be
enacted.
Section 11. No law impairing the obligation of contracts shall be
passed.
Section 12. No ex post facto law or bill of attainder shall be enacted.
Section 13. No person shall be imprisoned for debt or non-payment of a
poll tax.
Section 14. No involuntary servitude in any form shall exist except as
a punishment for a crime whereof the party shall have been duly
convicted.
Section 15. The privilege of the writ of habeas corpus shall not be
suspended
except in cases of invasion, insurrection, or rebellion, or imminent
danger
thereof, when the public safety requires it.
Section 16. All persons, shall have the right to a speedy disposition
of
their cases in all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be held to answer for a criminal offense
without
due process of law.
Section 18. All persons, except those charged with capital offenses
when
evidence of guilt is strong shall, before conviction, be bailable by
sufficient
sureties. Excessive bail shall not be required.
Section 19. 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 unjustified.
Section 20. No person shall be compelled to be a witness against
himself.
Any person under investigation for the commission of an offense shall
have
the right to remain silent and to counsel, and to be informed of such
right.
No force, violence, threat, intimidation, or any other means which
vitiates
the free will shall be used against him. Any confession obtained in
violation
of this section shall be inadmissible in evidence.
Section 21. Excessive fines shall not be imposed nor cruel or unusual
punishment
inflicted.
Section 22. 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 23. Free access to the courts shall not be denied to any person
by reason of poverty.
Section 1. It shall be the duty of the citizen to be loyal to the Republic and to honor the Philippine flag, to defend the State and contribute to its development and welfare, to uphold the Constitution and obey the laws, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society.
Section 2. The rights of the individual impose upon him the correlative
duty to exercise them responsibly and with due regard for the rights of
others.
Section 3. It shall be the duty of every citizen to engage in gainful
work
to assure himself and his family a life worthy of human dignity.
Section 4. It shall be the obligation of every citizen qualified to
vote
to register and cast his vote.
Section 1. Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen years of age or over 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 preceding the election. No literacy, property or other substantive requirement shall be imposed on the exercise of, suffrage. The Batasang Pambansa shall provide a system for the purpose of securing the secrecy and sanctity of the vote. Section 1. The President shall be the head of state and chief executive of the Republic of the Philippines.
Section 2. There shall be a Vice-President who shall have the same
qualifications
and term of office as the President and may be removed from office in
the
same manner as the President as provided in Article XIII, Section 2 of
this Constitution.
The Vice-President may be appointed as a member of the Cabinet and may be nominated and elected as Prime Minister. The Vice-President shall be elected with and in the same manner as the President. The President shall be elected from among the Members of the National Assembly by a majority vote of all its Members for a term of six years from the date he takes his oath of office, which shall not be later than three days after the proclamation of the National Assembly, nor in any case earlier than the expiration of the term of his predecessor. Upon taking his oath of office, the President shall cease to be a Member of the National Assembly and of any political party. He shall be ineligible to hold any other elective office during his term.
Section 3. No person may be elected President unless he is at least
fifty
years of age at the day of his election as President, and a resident of
the Philippines for at least ten years immediately preceding his
election.
However, if no Member of the National Assembly is qualified or none of
those qualified is a candidate for President, any Member thereof may be
elected President.
Section 4. (1) The President shall have an official residence and shall
receive a compensation to be fixed by law, which shall not be increased
or decreased during his term of office. He shall not receive during his
tenure any other emolument from the government or any other source.
Until
the National Assembly shall provide otherwise, the President shall
receive
an annual salary of one hundred thousand pesos.
(2) The President shall not during his tenure, hold any appointive office, practice any profession, participate directly or indirectly in the management of any business, or be financially interested directly or indirectly 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.
Section 5. In case of permanent disability, death, removal from office,
or resignation of the President, the Speaker of the National Assembly
shall
act as President until a successor has been elected for the unexpired
portion
of the term of the President.
Section 6. The President shall have the following duties and functions:
(2) Proclaim the election of the Prime Minister. (3) Dissolve the National Assembly and call for a general election as provided herein. (4) Accept the resignation of the Cabinet as provided herein. (5) Attest to the appointment or cessation from office of Members of the Cabinet, and of other officers as may be provided by law. (6) Appoint all officers and employees in his office in accordance with the Civil Service Law. (7) Perform such other duties and functions of State as may be provided by law. Section 7. The President shall be immune from suit during his tenure. Section 1. The Legislative power shall be vested in a National Assembly.
Section 2. The National Assembly shall be composed of as many Members
as
may be provided by law to be appointed among the provinces,
representative
districts, and cities in accordance with the number of their respective
inhabitants and on the basis of a uniform and progressive ratio. Each
district
shall comprise, as far as practicable, contiguous, compact, and
adjacent
territory. Representative districts or provinces already created or
existing
at the time of the ratification of this Constitution shall have at
least
one Member each.
Section 3. (1) The Members of the National Assembly shall be elected by
the qualified electors in their respective districts for a term of six
years which shall begin, unless otherwise provided by law, at noon on
the
thirtieth day of June next following their election.
(2) In case the National Assembly is dissolved, the newly elected Members shall serve the unexpired portion of the term from the time the Prime Minister convenes the Assembly, which shall not be later than thirty days immediately following the elections.
Section 4. No person shall be a Member of the National Assembly 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,
a registered voter in the district in which he shall be elected, and a
resident thereon for a period of not less than one year immediately
preceding
the day of the election.
Section 5. (1) Unless otherwise provided by law, the regular election
of
Members of the National Assembly shall be held on the second Monday of
May every six years thereafter.
(2) In case a vacancy arises in the National Assembly one year or more before a regular election, the Commission on Elections shall call a special election to be held within sixty days after the vacancy occurs.
Section 6. The National Assembly 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 until thirty days before
the
opening of its next regular session, exclusive of Saturdays, Sundays,
and
legal holidays. It may recess for periods not exceeding thirty days
each,
and not more than ninety days during the year. However, it may be
called
to session at any time by the Prime Minister to consider such subjects
or legislation as he may designate.
Section 7. (1) The National Assembly, shall, by a majority vote of all
its Members, elect its Speaker from the Members thereof. It shall
choose
such other officers as it may deem necessary.
The election of the President and the Prime Minister shall precede all other business following the election of the Speaker. (2) A majority of the National Assembly 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 the National Assembly may provide. (3) The National Assembly may determine the rules of its proceedings, punish its Members for disorderly behavior, and with concurrence of two-thirds of all its Members, suspend or expel a Member, but if the penalty is suspension, this shall not exceed sixty days. (4) The National Assembly 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.
Section 8. (1) Unless otherwise provided by law, each Member of the
National
Assembly shall receive an annual salary of sixty thousand pesos. The
Speaker
of the National Assembly shall receive an annual salary of seventy-five
thousand pesos. No increase in salary shall take effect until after the
expiration of the term of the Members of the National Assembly
approving
such increase.
(2) The records and books of accounts of the National Assembly shall be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for each Member.
Section 9. A Member of the National Assembly shall, in all offenses
punishable
by not more than six years imprisonment, be privileged from arrest
during
his attendance at its sessions, and in going to and returning from the
same; but the National Assembly shall surrender the Member involved to
the custody of the law within twenty-four hours after its adjournment
for
a recess or its next session, otherwise such privilege shall cease upon
its failure to do so. A Member shall not be questioned or held liable
in
any other place for any speech or debate in the Assembly or in any
committee
thereof.
Section 10. A Member of the National Assembly shall not hold any other
office or employment in the government, or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled
corporations
during his tenure except that of Prime Minister or Member of the
Cabinet.
Neither shall he be appointed to any civil office which may have been
created
or the emoluments thereof increased while he was a Member of the
National
Assembly.
Section 11. No Member of the National Assembly shall appear as counsel
before any court inferior to a court with appellate jurisdiction,
before
any court in any civil case wherein the government, or any subdivision,
agency, or instrumentality thereof is the adverse party, or before any
administrative body. 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,
during
his term of office. He shall not intervene in any matter before any
office
of the government for his pecuniary benefit.
Section 12. (1) There shall be a question hour at least once a month or
as often as the rules of the National Assembly may provide, which shall
be included in its agenda, during which the Prime Minister or any
Minister
may be required to appear and answer questions and interpellations by
Members
of the National Assembly. Written questions shall be submitted to the
Speaker
at least three days before a scheduled question hour. Interpellations
shall
not be limited to the written questions, but may cover matters related
thereto. The agenda shall specify the subjects of the question hour.
When
the security of the State so requires and the Prime Minister so states
in writing, the question hour shall be conducted in executive session.
(2) The National Assembly or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in such inquiries shall be respected.
Section 13. (1) The National Assembly may withdraw its confidence from
the Prime Minister only by electing a successor by a majority vote of
all
its Members. No motion for the election of such successor shall be
debated
and voted upon until after the lapse of three days from the submittal
of
such motion.
(2) The Prime Minister may advise the President in writing to dissolve the National Assembly whenever the need arises for a popular vote of confidence on fundamental issues, but not on a matter involving his own personal integrity. Whereupon, the President shall dissolve the National Assembly not earlier than five days nor later than ten days from his receipt of the advice, and call for an election on a date set by the Prime Minister which shall not be earlier than forty-five days nor later than sixty days from the date of such dissolution. However, no dissolution of the National Assembly shall take place within nine months immediately preceding a regular election or within nine months immediately following any general election. (3) In case of dissolution of the National Assembly or the termination of its regular term, the incumbent Prime Minister and the Cabinet shall continue to conduct the affairs of government until the new National Assembly is convoked and a Prime Minister is elected and has qualified.
Sec. 14. (1) Except as otherwise provided in this Constitution, no
treaty
shall be valid and effective unless concurred in by a majority of all
the
Members of the National Assembly.
(2) The National Assembly, by a vote of two-thirds of all its Members, shall have the sole power to declare the existence of a state of war.
Section 15. In times of war or other national emergency, the National
Assembly
may by law authorize the Prime Minister, 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 National Assembly, such powers shall cease upon
its
next adjournment.
Section 16. (1) The Prime Minister shall submit to the National
Assembly
within thirty days from the opening of each regular session, as the
basis
of the general appropriations bill, a budget of receipts based on
existing
and proposed revenue measures, and of expenditures. The form, content,
and manner of preparation of the budget 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. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. (3) The procedure in approving appropriations for the National Assembly shall strictly follow the procedure for approving appropriations for other departments and agencies. (4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included therein. (5) No law shall be passed authorizing any transfer of appropriations; however, the Prime Minister, the Speaker, 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 saving in other items of their respective appropriations. (6) If, by the end of the fiscal year, the National Assembly 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 National Assembly.
Section 17. (1) The rule of taxation shall be uniform and equitable.
The
National Assembly shall evolve a progressive system of taxation.
(2) The National Assembly may by law authorize the Prime Minister 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. (3) Charitable institutions, churches, personages or convents appurtenant thereto, mosques and non-profit cemeteries, and all lands, buildings and improvements actually, directly, and exclusively used for religious or charitable purposes shall be exempt from taxation. (4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the National Assembly.
Section 18. (1) No money shall be paid out of the Treasury except in
pursuance
of an appropriation made by law.
(2) No public money or property shall ever be appropriated, applied, paid, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
Section 19. (1) Every bill 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 the Members three days before its passage,
except
when the Prime Minister 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.
(2) No bill except those of local application shall be calendared without the prior recommendation of the Cabinet.
Section 20. (1) Every bill passed by the national Assembly shall,
before
it becomes a law, be presented to the Prime Minister. If he approves
the
same he shall sign it; otherwise, he shall veto it and return the same
with his objections to the National Assembly. The bill may be
reconsidered
by the National Assembly and, if approved by two-thirds of all its
Members,
shall become a law. The Prime Minister shall act on every bill passed
by
the National Assembly within thirty days after the date of receipt
thereof;
otherwise, it shall become a law as if he had signed it.
(2) The Prime Minister shall have the power to veto any particular item
or items in appropriation, revenue, or tariff bill, but the veto shall
not affect the item or items to which he does not object.
Section 1. The Executive power shall be exercised by the Prime Minister with the assistance of the Cabinet. The Cabinet, headed by the Prime Minister, shall consist of the heads of ministries as provided by law. The Prime Minister shall be the head of the government.
Section 2. The Prime Minister and the cabinet shall be responsible to
the
National Assembly for the program of government and shall determine the
guidelines of national policy.
Section 3. The Prime Minister shall be elected by a majority of all the
Members of the National Assembly from among themselves.
Section 4. The Prime Minister shall appoint the members of the Cabinet
who shall be the heads of ministries at least a majority of whom shall
come from the National Assembly. Members of the Cabinet may be removed
at the discretion of the Prime Minister.
Section 5. (1) The Prime Minister shall appoint the Deputy Prime
Minister
from among the Members of the National Assembly. The Deputy Prime
Minister
shall head a ministry and shall perform such other functions as may be
assigned to him by the Prime Minister.
(2) The Prime Minister shall also appoint the Deputy Ministers who shall perform such functions as may be assigned to them by law or by the respective heads of ministries.
Section 6. The Prime Ministers and the Members of the Cabinet, on
assuming
office, shall take the following oath or affirmation :
Section 7. The salaries and emoluments of the Prime Minister and the Members of the Cabinet shall be fixed by law which shall not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President.
Section 8. The Prime Minister and the Members of the cabinet shall be
subject
to the provisions of sections ten and eleven of Article Eight hereof
and
may not appear as counsel before any court or administrative body, or
participate
in the management of any business, or practice any profession.
Section 9. The Prime Minister or any Member of the Cabinet may resign
for
any cause without vacating his seat in the National Assembly.
Section 10. The Prime Minister shall, at the beginning of each regular
session of the National Assembly, and from time to time thereafter,
present
the program of government and recommend for the consideration of the
National
Assembly such measures as he may deem necessary and proper.
Section 11. The Prime Minister shall have control of all ministries.
Section 12. The Prime Minister 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, 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.
Section 13. The Prime Minister shall appoint the heads of bureaus and
offices,
the officers of the armed forces of the Philippines from the rank of
brigadier
general or commodore, 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. However, the National Assembly may by law vest in
members
of the cabinet, courts, heads of agencies, commissions, and boards the
power to appoint inferior officers in their respective offices.
Section 14. The Prime Minister may, except in cases of impeachment
grant
reprieves, commutations, and pardons, remit fines and forfeitures after
final conviction, and with the concurrence of the National Assembly,
grant
amnesty.
Section 15. The Prime Minister may contract and guarantee foreign and
domestic
loans on behalf of the Republic of the Philippines, subject to such
limitations
as may be provided by law.
Section 16. All powers vested in the President of the Philippines under
nineteen hundred and thirty-five Constitution and the laws of the land
which are not herein provided for or conferred upon any official shall
be deemed, and are hereby, vested in the Prime Minister, unless the
National
Assembly provides otherwise.
Section 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. The Batasang Pambansa 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 five thereof.
Section 2. (1) The Supreme Court shall be composed of a Chief Justice
and
fourteen Associate Justices. It may sit en banc or in two divisions.
(2) All cases involving the constitutionality of a treaty, executive agreement, or law shall be heard and decided by the Supreme Court en banc, and no treaty, executive agreement, or law may be declared unconstitutional without the concurrence of at least ten Members. All other cases, which under its rules are required to be heard en banc, shall be decided with the concurrence of at least eight Members. (3) Cases heard by a division shall be decided with the concurrence of at least five Members, but if such 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 a division may be modified or reversed except by the Court sitting en banc.
Section 3. (1) No person shall be appointed Member of the Supreme Court
unless he is a natural born citizen of the Philippines, at least forty
years of age, and has for ten years or more been a judge of a court of
record or engaged in the practice of law in the Philippines.
(2) The Batasang Pambansa shall prescribe the qualifications of judges of inferior courts, but no person may be appointed judge thereof unless he is a natural-born citizen of the Philippines and a member of the Philippine Bar.
Section 4. The Members of the Supreme Court and judges of inferior
courts
shall be appointed by the President.
Section 5. The Supreme Court shall have the following powers:
(2)
Review and revise, reverse, modify, or affirm on appeal or certiorari,
as the law or the rules of court may provide, final judgments and
decrees
of inferior courts in:
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any inferior court is in issue. (d) All criminal cases in which the penalty imposed is death or life imprisonment. (e) All cases in which only an error or question of law is involved. (3) Assign temporarily judges of inferior courts to other stations as public interest may require. Such temporary assignment shall not last longer than six months without the consent of the judge concerned. (4) Order a change of venue or place of trial to avoid a miscarriage of justice. (5) Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the practice of law, and the integration of the bar, which, however, may be repealed, altered or supplemented by the Batasang Pambansa. 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. (6) Appoint its officials and employees 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. The Members of the Supreme Court and 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.
The Supreme Court shall have the power to discipline judges of inferior
courts and, by a vote of at least eight Members, order their dismissal.
Section 8. The conclusions of the Supreme Court in any case submitted
to
it for decision en banc or in division shall be reached in consultation
before the case is assigned to a Member for the writing of opinion of
the
Court. Any Member dissenting from a decision shall state the reasons
for
his dissent. The same requirement shall be observed by all inferior
collegiate
courts.
Section 9. Every decision of a court of record shall clearly and
distinctly
state the facts and the law on which it is based. The Rules of Court
shall
govern the promulgation of minute resolutions.
Section 10. The salary of the Chief Justice and of the Associate
Justices
of the Supreme Court, and of judges of inferior courts shall be fixed
by
law, which shall not be decreased during their continuance in office.
Until
the Batasang Pambansa shall provide otherwise, the Chief Justice shall
receive an annual salary of seventy-five thousand pesos, and each
Associate
Justice, sixty thousand pesos.
Section 11. (1) Upon the effectivity of this Constitution, the maximum
period within which a case or matter shall be decided or resolved from
the date of its submission, shall be eighteen months for the Supreme
Court,
unless reduced by the Supreme Court, twelve months for all inferior
collegiate
courts, and three months for all other inferior courts.
(2) With respect to the Supreme Court and other collegiate appellate courts, when the applicable maximum period shall have lapsed without the rendition of the corresponding decision or resolution, because the necessary vote cannot be had, the judgment, order, or resolution appealed from shall be deemed affirmed except in those cases where a qualified majority is required and in appeals from judgments of conviction in criminal cases, and in original special civil actions and proceedings for habeas corpus, the petition in such cases shall be deemed dismissed, and a certification to this effect signed by the Chief Magistrate of the court shall be issued and a copy thereof attached to the record of the case.
Section 12. The Supreme Court shall, within thirty days from the
opening
of each regular session of the Batasang Pambansa, submit to the
President,
the Prime Minister, and the Batasang Pambansa an annual report on the
operations
and activities of the Judiciary.
Section 1. The territorial and political subdivisions of the Philippines are the provinces, cities, municipalities, and barrios.
Section 2. The Batasang Pambansa shall enact a local government code
which
may not be thereafter amended except by a majority vote of all its
Members,
defining a more responsive and accountable local government structure
with
an effective system of recall, allocating among the different local
government
units their powers, responsibilities, and resources, and providing for
the qualifications, election and removal, term, salaries, powers,
functions,
and duties of local officials, and all other matters relating to the
organization
and operation of the local units. However, any change in the existing
form
of local government shall not take effect until ratified by a majority
of the votes cast in a plebiscite called for the purpose.
Section 3. No province, city, municipality, or barrio 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 the approval by a majority of the votes cast in a plebiscite in the
unit or units affected.
Section 4. (1) Provinces with respect to component cities and
municipalities
with respect to component barrios, shall ensure that the acts of their
component units are within the scope of their assigned powers and
functions.
Highly urbanized cities, as determined by standards established in the
local government code shall be independent of the province.
(2) Local government units may group themselves, or consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them.
Section 5. Each local government unit shall have the power to create
its
own sources of revenue and to levy taxes, subject to limitations as may
be provided by law.
Section 1. The Constitutional Commissions shall be the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
Section 2. Unless otherwise provided by law, the Chairman and each
Commissioner
of a Constitutional Commission shall receive an annual salary of sixty
thousand pesos, and fifty thousand pesos, respectively, which shall not
be decreased during their continuance in office.
Section 3. No Member of the Constitutional Commission shall, during his
tenure in office, engage in the practice of any profession or in the
management
of any business, or be financially interested directly or indirectly in
any contract with, or in any franchise or privilege granted by, the
government,
or any subdivision, agency, or instrumentality, thereof, including
government-
owned or controlled corporations.
Section 4. The Constitutional Commissions shall appoint their officials
and employees in accordance with the Civil Service Law.
Section 1. (1) The Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including every government- owned or controlled corporation. It shall be administered by an independent 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, are at least thirty-five years of age and holders of a college degree, and must not have been candidates for any elective position in the election immediately preceding their appointment. The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. (2) The Commissioner shall, subject to such limitations as may be provided by law, established a career service and adopt measures to promote morale, efficiency, and integrity in the Civil Service.
Section 2. 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 3. No officer or employee in the Civil Service shall be
suspended
or dismissed except for cause provided by law.
Section 4. (1) No elective official shall be eligible for appointment
to
any office or position during his term of office.
(2) No candidate who lost an election shall be eligible for appointment or reappointment to any office in the government, or in any government-owned or controlled corporation, within one year following such election.
Section 5. No officer or employee in the Civil Service, including
members
of the armed forces, shall engage directly or indirectly in any
partisan
political activity or take part in any election, except to vote.
Section 6. The National Assembly shall provide for the standardization
of compensation of government officials and employees, including those
in government-owned and controlled corporations, taking into account
the
nature of the responsibilities pertaining to, and the qualifications
required
for, the positions concerned.
Section 1. (1) There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of college degree. 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. (2) The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, three shall hold office for seven years, three for five years, and the last three for three years. Appointments to any vacancy shall be only for the unexpired portion of the term of the predecessor.
Section 2. The Commission on Elections shall have the following powers
and functions:
(2) Be the sole judge of all contests relating to the elections, returns, and qualifications of all Members of the National Assembly and elective provincial and city officials. provincial and city officials. (3) Decide, save those involving the right to vote, administrative questions affecting elections, including the determination of the number and location of polling places, the appointment of election officials and inspectors, and the registration of voters. (4) Deputize, with the consent or at the instance of the Prime Minister, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the purpose of ensuring free, orderly, and honest elections. (5) Register and accredit political parties subject to the provisions of Section Eight hereof. (6) Recommend to the National Assembly effective measures to minimize election expenses and prohibit all forms of election frauds and malpractices, political opportunism, guest or nuisance candidacy, or other similar acts. (7) Submit to the President, Prime Minister, and the National Assembly a report on the conduct and manner of each election. (8) Perform such other functions as may be provided by law. Section 3. The Commission on Elections may sit en banc or in three divisions. All election cases may be heard and decided by divisions, except contests involving Members of the National Assembly, which shall be heard and decided en banc. Unless otherwise provided by law, all election cases shall be decided within ninety days from the date of their submission for decision.
Section 4. The Commission may recommend to the Prime Minister the
removal
of, or any other disciplinary action against, any officer or employee
it
has deputized, for violation or disregard of, or disobedience to its
decision,
order, or directive.
Section 5. The enjoyment or utilization of all franchises or permits
for
the operation of transportation and other public utilities, media of
communication,
all grants, special privileges, or concessions granted by the
government,
or any subdivision, agency or instrumentality thereof, including any
government-owned
or controlled corporation, may be supervised or regulated by the
Commission
during the election period for the purpose of ensuring free, orderly,
and
honest elections.
Section 6. 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 7. No pardon, parole, or suspension of sentence for violation
of
the law or rules and regulations concerning elections be granted
without
the recommendation of the Commission.
Section 8. A political party shall be entitled to accreditation by the
Commission if, in the immediately preceding election, such party has
obtained
at least the third highest number of votes cast in the constituency to
which it seeks accreditation. No religious sect shall be registered as
a political party and no political party which seeks to achieve its
goals
through violence or subversion shall be entitled to accreditation.
Section 9. (1) Bona fide candidates for any public office shall be free
from any form of harassment and discrimination.
(2) No party or candidate shall have membership in the registration board, board of election inspectors, board of canvassers, or other similar bodies.
Section 10. No elective public officer may change his political party
affiliation
during his term of office and no candidate for any elective public
office
may change his political party affiliation within six months
immediately
preceding or following an election.
Section 11. Any decision, order, or ruling of the Commission may be
brought
to the Supreme Court on certiorari by the aggrieved party within thirty
days from his receipt of a copy thereof.
Section 1. (1) There shall be an independent 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 forty years of age and certified public accountants or members of the Philippine Bar for at least ten years. (2) The Chairman and the Commissioners shall be appointed by the Prime Minister for a term of seven years without reappointment. Of the Commissioners first appointed, one shall hold office for seven years, another for five years, and the third for three years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.
Section 2. The Commission on Audit shall have the following powers and
functions:
(2) Decide any case brought before it within sixty days from the date of its submission for resolution. Unless otherwise provided by law, any decision, order, or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within days from his receipt of a copy thereof. (3) Submit to the President, the Prime Minister, and the National Assembly, within the time fixed by law, an annual financial report of the government, its subdivisions, agencies, and instrumentalities, including government-owned and controlled corporations, and recommend measures necessary to improve their efficiency and effectiveness. It shall submit such other reports as may be required by law. (4) Perform such other duties and functions as may be prescribed by law. Section 1. Public office is a public trust. Public officers and employees shall serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain accountable to the people.
Section 2. The President, the Justices of the Supreme Court, and the
Members
of the Constitutional Commissions shall be removed from office on
impeachment
for, and conviction of, culpable violation of the Constitution,
treason,
bribery, other high crimes, or graft and corruption.
Section 3. The National Assembly shall have the exclusive power to
initiate,
try, decide all cases of impeachment. Upon the filing of a verified
complaint,
the National Assembly may initiate impeachment by a vote of at least
one-fifth
of all its Members. No official shall be convicted without the
concurrence
of at least two-thirds of all the members thereof. When the National
Assembly
sits in impeachment cases, its Members shall be on oath or affirmation.
Section 4. Judgment in cases of impeachment shall be limited to removal
from office and disqualification to hold any office of honor, trust, or
profit under the Republic of the Philippines, but the party convicted
shall
nevertheless be liable and subject to prosecution, trial, and
punishment,
in accordance with law.
Section 5. The National Assembly shall create a special court, to be
known
as Sandiganbayan, which shall have jurisdiction over criminal and civil
cases involving graft and corrupt practices and such other offenses
committed
by public officers and employees, including those in government-owned
or
controlled corporations, in relation to their office as may be
determined
by law.
Section 6. The National Assembly shall create an office of the
Ombudsman,
to be known as Tanodbayan, which shall receive and investigate
complaints
relative to public office, including those in government-owned or
controlled
corporations, make appropriate recommendations, and in case of failure
of justice as defined by law, file and prosecute the corresponding
criminal,
civil, or administrative case before the proper court or body.
Section 1. The National Assembly shall establish a National Economic and Development Authority, to be headed by the Prime Minister, which shall recommend to the National Assembly, after consultation with the private sector, local government units, and other appropriate public agencies, continuing, coordinated, and fully integrated social and economic plans and programs.
Section 2. The State shall regulate or prohibit private monopolies when
the public interest so requires. No combinations in restraint of trade
or unfair competition shall be allowed.
Section 3. The National Assembly shall, upon recommendation of the
National
Economic and Development Authority, reserve to citizens of the
Philippines
or to corporations or associations wholly owned by such citizens,
certain
traditional areas of investments when the national interest so dictates.
Section 4. The National Assembly shall not, except by general law,
provide
for the formation, organization, or regulation of private corporations,
unless such corporations are owned or controlled by the government or
any
subdivision or instrumentality thereof.
Section 5. 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 at least sixty per centum of the capital of which is
owned by such citizens, nor shall such franchise, certificate, or
authorization
be exclusive in character or for a longer period then 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
National
Assembly when the public interest 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 the capital thereof.
Section 6. The State may, in the interest of the national welfare or
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 enterprises to be operated by the government.
Section 7. In times of national emergency when the public interest so
requires,
the State may temporarily take over or direct the operation of any
privately
owned public utility or business affected with public interest.
Section 8. All lands of public domain, waters, minerals, coal,
petroleum
and other mineral oils, all forces of potential energy, fisheries,
wildlife,
and other natural resources of the Philippines belong to the State.
With
the exception of agricultural, industrial or commercial, residential,
or
resettlement lands of the public domain, natural resources shall not be
alienated, and no license, concession, or lease for the exploration, or
utilization of any of the natural resources shall be granted for a
period
exceeding twenty-five years, except as to water rights for irrigation,
water supply, fisheries, or industrial uses other than development of
water
power, in which cases, beneficial use may by the measure and the limit
of the grant.
Section 9. The disposition, exploration, development, exploitation, or
utilization of any of the natural resources of the Philippines shall be
limited to citizens of the Philippines, or to corporations or
associations
at least sixty per centum of the capital which is owned by such
citizens.
The National Assembly, in the national interest, may allow such
citizens,
corporations or associations to enter into service contracts for
financial,
technical, management, or other forms of assistance with any foreign
person
or entity for the exploration, or utilization of any of the natural
resources.
Existing valid and binding service contracts for financial, technical,
management, or other forms of assistance are hereby recognized as such.
Section 10. Lands of the public domain are classified into
agricultural,
industrial, or commercial, residential, resettlement, mineral, timber
or
forest, and grazing lands, and such other classes as may be provided by
law.
Section 11. The National Assembly taking into account conservation,
ecological,
and developmental requirements of the natural resources shall determine
by law the size of lands of the public domain which may be developed,
held
or acquired by, or leased to, any qualified individual, corporation or
association, and the conditions therefor. No private corporation or
association
may hold alienable lands of the public domain except by lease not to
exceed
one thousand hectares in area; nor may any citizen hold such lands by
lease
in excess of five hundred hectares or acquire by purchase or homestead
in excess of twenty-four hectares. No private corporation or
association
may hold by lease, concession, license, or permit timber or forest
lands
and other timber or forest resources in excess of one hundred thousand
hectares; however, such area may be increased by the National Assembly
upon recommendation of the National Economic and Development Authority.
Section 12. The State shall formulate and implement an agrarian reform
program aimed at emancipating the tenant from the bondage of the soil
and
achieving the goals enunciated in this Constitution.
Section 13. The National Assembly may authorize, upon payment of just
compensation,
the expropriation of public lands to be subdivided into small lots and
conveyed at cost to deserving citizens.
Section 14. Save in cases of hereditary succession, no private land
shall
be transferred or conveyed except to individuals, corporations, or
associations
qualified to acquire or hold lands of the public domain.
Section 15. Any provision of paragraph one, Section 14, Article VIII
and
of this Article notwithstanding, the Prime Minister may enter into
international
treaties or agreement as the national welfare and interest may require.
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 Interim National Assembly may by law adopt a new name
for
the country, a national anthem, and a national seal, which shall all be
truly reflective and symbolic of ideas, history, and traditions of the
people. Thereafter the national name, anthem, and seal so adopted shall
not be subject to change except by constitutional amendment.
Section 3. (1) This Constitution shall be officially promulgated in
English
and in Pilipino, and translated into each dialect spoken by over fifty
thousand people, and into Spanish and Arabic. In case of conflict, the
English text shall prevail.
(2) The National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino. (3) Until otherwise provided by law, English and Pilipino shall be the official languages.
Section 4. All public officers and employees and members of the armed
forces
shall take an oath to support and defend the Constitution.
Section 5. No elective or appointive public officer or employee shall
receive
additional or double compensation unless specifically authorized by
law,
nor accept, without the consent of the National Assembly, any present,
emolument, office or title of any kind from any foreign state.
Section 6. No salary or any form of emolument of any public officer or
employee, including constitutional officers, shall be exempt from
payment
of income tax.
Section 7. (1) The ownership and management of mass media shall be
limited
to citizens of the Philippines or corporations or associations wholly
owned
and managed by such citizens.
(2) The governing body of every entity engaged in commercial telecommunications shall i all cases be controlled by citizens of the Philippines.
Section 8. (1) All educational institutions shall be under the
supervision
of and subject to regulation by the State. The State shall establish
and
maintain a complete, adequate, and integrated system of education
relevant
to goals of national development.
(2) All institutions of higher learning shall enjoy academic freedom. (3) The study of the Constitution shall be part of the curricula in all schools. (4) All educational institutions shall aim to inculcate love of country, teach the duties of citizenship, and develop moral character, personal discipline, and scientific, technological, and vocational efficiency. (5) The State shall maintain a system of free public elementary education and, in areas where finances permit, establish and maintain a system of free public education at least up to the secondary level. (6) The State shall provide citizenship and vocational training to adult citizens and out-of-school youth, and create and maintain scholarships for poor and deserving students. (7) Educational institutions, other than those established by religious orders, mission boards, and charitable organizations, shall be owned solely by citizens of the Philippines, or corporations or associations sixty per centum of the capita;l of which is owned by such citizens. The control and administration of educational institutions shall be vested in citizens of the Philippines. No education institution shall be established exclusively for aliens, and no group of aliens shall comprise more than one-third of the enrollment of any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary resident. (8) At the option expressed in writing by the parents or guardians, and without cost to them and the government, religion shall be taught to their children or wards in public elementary and high schools as may be provided by law.
Section 9. (1) The State shall promote scientific research and
invention.
The advancement of science and technology shall have priority in the
national
development.
(2) Filipino culture shall be preserved and developed for national identity. Arts and letters shall be under the patronage of the State. (3) The exclusive right to inventions, writings, and artistic creations shall be secured to investors, authors and artists for a limited period. Scholarships, grants-in-aid, or other forms of incentives shall be provided for specially gifted children.
Section 10. It shall be the responsibility of the State to achieve and
maintain population levels most conducive to the national welfare.
Section 11. The State shall consider the customs, traditions, beliefs,
and interests of national cultural communities in the formulation and
implementation
of State policies.
Section 12. The State shall establish and maintain an integrated
national
police force whose organization, administration, and operation, shall
be
provided by law.
Section 13. (1) The armed forces of the Philippines shall include a
citizen
army composed of all able-bodied citizens of the Philippines who shall
undergo military training as may be provided by law. It shall keep a
regular
force necessary for the security of the State.
(2) The citizen army shall have a corps of trained officers and men in active duty status as may be necessary to train, service, and keep it in reasonable preparedness at all times.
Section 14. The National Assembly shall establish a central monetary
authority
which shall provide policy direction in the areas of money, banking,
and
credit to achieve national economic objectives. It shall have
supervisory
authority over the operation of banks and exercise such regulatory
authority
as may be provided by law over the operations of finance companies and
other institutions performing similar functions. Until the National
Assembly
shall otherwise provide, the Central Bank of the Philippines, operating
under existing laws, shall function as the central monetary authority.
Section 15. The separation of the church and the State shall be
inviolable.
Section 16. The State may not be sued without its consent.
Section 1. (1) Any amendment to, or revision of, this Constitution may be proposed by the National Assembly upon a vote of three-fourths of all its Members, or by a constitutional convention. (2) The National Assembly 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 the question of calling such a convention to the electorate in an election.
Section 2. Any amendment to or revision of this Constitution shall be
valid
when ratified by a majority of the votes cast in the plebiscite which
shall
be held not later than three months after the approval of such
amendment
or revision.
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